81 FR 67287 - Fisheries Off West Coast States; Amendment 27 to the Pacific Coast Groundfish Fishery Management Plan

DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration

Federal Register Volume 81, Issue 190 (September 30, 2016)

Page Range		67287-67288
FR Document		2016-23684

NMFS announces that the Pacific Fishery Management Council (Council) has submitted Amendment 27 to the Pacific Coast Groundfish Fishery Management Plan (PCGFMP) for Secretarial review. Amendment 27 would add deacon rockfish to the FMP, reclassifies big skate as an actively managed stock, add a new inseason management process for commercial and recreational in California, and several clarifications.

Federal Register, Volume 81 Issue 190 (Friday, September 30, 2016)

[Federal Register Volume 81, Number 190 (Friday, September 30, 2016)]
[Proposed Rules]
[Pages 67287-67288]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-23684]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 660

RIN 0648-BG17


Fisheries Off West Coast States; Amendment 27 to the Pacific 
Coast Groundfish Fishery Management Plan

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

ACTION: Notice of availability of proposed fishery management plan 
amendment; request for comments.

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SUMMARY: NMFS announces that the Pacific Fishery Management Council 
(Council) has submitted Amendment 27 to the Pacific Coast Groundfish 
Fishery Management Plan (PCGFMP) for Secretarial review. Amendment 27 
would add deacon rockfish to the FMP, reclassifies big skate as an 
actively managed stock, add a new inseason management process for 
commercial and recreational in California, and several clarifications.

DATES: Comments on Amendment 27 must be received on or before November 
29, 2016.

ADDRESSES: You may submit comments on this document, identified by 
NOAA-NMFS-2016-0094, by any of the following methods:
     Federal e-Rulemaking Portal: Go to www.regulations.gov/#!docketDetail;D=NOAA-NMFS-2016-0094, click the ``Comment Now!'' icon, 
complete the required fields, and enter or attach your comments.
     Mail: Submit written comments to William Stelle, Regional 
Administrator, West Coast Region, NMFS, 7600 Sand Point Way NE., 
Seattle, WA 98115-0070.
    Instructions: NMFS may not consider comments if they are sent by 
any other method, to any other address or individual, or received after 
the comment period ends. All comments received are a part of the public 
record and NMFS will post for public viewing on www.regulations.gov 
without change. All personal identifying information (e.g., name, 
address, etc.), confidential business information, or otherwise 
sensitive information submitted voluntarily by the sender is publicly 
accessible. NMFS will accept anonymous comments (enter ``N/A'' in the 
required fields if you wish to remain anonymous).
    Information relevant to Amendment 27, which includes a draft 
environmental assessment (EA), a regulatory impact review (RIR), and an 
initial regulatory flexibility analysis (IRFA) are available for public 
review during business hours at the NMFS West Coast Regional Office at 
7600 Sand Point Way NE., Seattle, WA 98115.

[[Page 67288]]


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

SUPPLEMENTARY INFORMATION: 

Electronic Access

    This notice is accessible via the Internet at the Office of the 
Federal Register Web site at http://www.access.thefederalregister.org/su_docs/aces/aces140.html. Background information and documents are available at the 
NMFS West Coast Region Web site at http://www.westcoast.fisheries.noaa.gov/fisheries/groundfish/index.html and at 
the Council's Web site at http://www.pcouncil.org.

Background

    The Magnuson-Stevens Act requires that each regional fishery 
management council submit any FMP or plan amendment it prepares to NMFS 
for review and approval, disapproval, or partial approval. The 
Magnuson-Stevens Act also requires that NMFS, upon receiving an FMP or 
amendment, immediately publish a notice that the FMP or amendment is 
available for public review and comment. NMFS will consider the public 
comments received during the comment period described above in 
determining whether to approve Amendment 27 to the PCGFMP.
    Amendment 27 consists of 5 components: (1) Reclassify big skate 
from an Ecosystem Component Species to ``in the fishery'', (2) add 
deacon rockfish to the list of species in the FMP, (3) establish a new 
inseason management process in California for black, canary, and 
yelloweye rockfish, (4) make updates to clarify several stock 
assessment descriptions, and (5) update several sections because canary 
rockfish and petrale sole are rebuilt.

1. Reclassify Big Skate as ``in the fishery''

    Amendment 24 to PCGFMP classified several species, including big 
skate, as Ecosystem Component (EC) Species. However, when big skate was 
classified as an EC species it was not known that a majority of the 
skate species that were landed and described as ``unspecified skate'' 
in the Shorebased IFQ Program landings was actually big skate. In order 
for a stock to be classified as an EC species (according to National 
Standard Guideline 1), (a) it may not be determined to be subject to 
overfishing, approaching overfished, or overfished; (b) it must not be 
likely to become subject to overfishing or overfished, according to the 
best available information, in the absence of conservation and 
management measures; and (c) it may not generally be retained for sale 
or personal use. As big skate are being targeted and therefore 
generally retained for sale, it can no longer be considered an EC 
species. Therefore, Amendment 27 reclassifies big skate as in the 
fishery and this rule proposes species specific harvest specifications.

2. New California Inseason Process

    The objective of any inseason management system is to be responsive 
to the needs of fishing participants while keeping catch with the 
established harvest specifications. The scope and magnitude of options 
available to address management issues is highly dependent on the 
amount of time between when an issue is identified and when corrective 
action(s) can be implemented. The summer months tend to be the busiest 
times for both the commercial and recreational fisheries in California 
and mortality tends to accumulate more quickly during these times The 
Council meets in June and September of each year. If an action is not 
warranted based on information available at the June meeting, there is 
a lag of up to four months before additional inseason actions can be 
implemented. Because fisheries are ongoing during this time, overages 
identified at the September meeting tend to be of a higher magnitude 
requiring more severe corrective actions (e.g., closing a fishery). 
Therefore, a new inseason process for only black rockfish, canary 
rockfish, and yelloweye rockfish, and only in California was developed. 
This system would allow NMFS to take inseason action outside of a 
Council meeting when a Federal harvest specification for one of these 
species was projected to be attained or had been attained prior to the 
start of a Council meeting. Allowing NMFS to take inseason action 
outside a Council meeting can reduce the severity of management actions 
and reduce negative economic impacts to the fleets and to the coastal 
communities which depend on the revenues generated from these 
fisheries. Similar inseason management processes were not explored for 
Washington or Oregon because they have rapid inseason management 
processes sufficient for their inseason management needs.

3. Updates to the PCGFMP

    Minor edits are included in Amendment 27 which clarify several 
stock assessment procedures and categories resulting from Amendment 23 
that were inadvertently omitted. Amendment 23 modified the PCGFMP 
consistent with the revised National Standard Guidelines in 2011.

4. Updates Based on New Science for Deacon Rockfish, Canary Rockfish, 
and Petrale Sole

    Deacon rockfish (Sebastes diaconus) was recently described and 
adopted as a new Sebastes species by the American Fisheries Society 
based on evidence of the presence of two genetically distinct cryptic 
species in central California. Deacon rockfish is therefore 
acknowledged as an FMP species that is ``in the fishery'' based on the 
FMP provision, ``The category ``rockfish'' includes all genera and 
species of the family Scorpaenidae, even if not listed, that occur in 
the Washington, Oregon, and California area. The Scorpaenidae genera 
are Sebastes, Scorpaena, Sebastolobus, and Scorpaenodes.
    Finally, canary rockfish and petrale sole were declared rebuilt on 
August 4, 2015; therefore all references to them as overfished stocks 
must be updated.

Public Comments

    NMFS welcomes comments on the proposed FMP amendment through the 
end of the comment period. A proposed rule to implement Amendment 27 
has been submitted for Secretarial review and approval. NMFS expects to 
publish and request public review and comment on proposed regulations 
to implement Amendment 27, along with the groundfish specifications and 
management measures for 2017 and 2018, in the near future. Public 
comments on the proposed rule must be received by the end of the 
comment period on the amendment to be considered in the approval/
disapproval decision on the amendment. All comments received by the end 
of the comment period for the amendment, whether specifically directed 
to the amendment or the proposed rule, will be considered in the 
approval/disapproval decision.

    Authority:  16 U.S.C. 1801 et seq.

    Dated: September 27, 2016.
Emily H. Menashes,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2016-23684 Filed 9-29-16; 8:45 am]
 BILLING CODE 3510-22-P

67288 Federal Register / Vol. 81, No. 190 / Friday, September 30, 2016 / Proposed Rules

FOR FURTHER INFORMATION CONTACT: subject to overfishing or overfished, 3. Updates to the PCGFMP
Gretchen Hanshew, phone: 206–526– according to the best available Minor edits are included in
6147, fax: 206–526–6736, or email: information, in the absence of Amendment 27 which clarify several
Gretchen.hanshew@noaa.gov. conservation and management stock assessment procedures and
SUPPLEMENTARY INFORMATION: measures; and (c) it may not generally categories resulting from Amendment
be retained for sale or personal use. As 23 that were inadvertently omitted.
Electronic Access
big skate are being targeted and Amendment 23 modified the PCGFMP
This notice is accessible via the therefore generally retained for sale, it consistent with the revised National
Internet at the Office of the Federal can no longer be considered an EC Standard Guidelines in 2011.
Register Web site at http:// species. Therefore, Amendment 27
www.access.gpo.gov/su_docs/aces/ reclassifies big skate as in the fishery 4. Updates Based on New Science for
aces140.html. Background information and this rule proposes species specific Deacon Rockfish, Canary Rockfish, and
and documents are available at the harvest specifications. Petrale Sole
NMFS West Coast Region Web site at
Deacon rockfish (Sebastes diaconus)
http:// 2. New California Inseason Process
was recently described and adopted as
www.westcoast.fisheries.noaa.gov/
The objective of any inseason a new Sebastes species by the American
fisheries/groundfish/index.html and at
management system is to be responsive Fisheries Society based on evidence of
the Council’s Web site at http://
to the needs of fishing participants the presence of two genetically distinct
www.pcouncil.org.
while keeping catch with the cryptic species in central California.
Background established harvest specifications. The Deacon rockfish is therefore
The Magnuson-Stevens Act requires scope and magnitude of options acknowledged as an FMP species that is
that each regional fishery management available to address management issues ‘‘in the fishery’’ based on the FMP
council submit any FMP or plan is highly dependent on the amount of provision, ‘‘The category ‘‘rockfish’’
amendment it prepares to NMFS for time between when an issue is includes all genera and species of the
review and approval, disapproval, or identified and when corrective action(s) family Scorpaenidae, even if not listed,
partial approval. The Magnuson-Stevens can be implemented. The summer that occur in the Washington, Oregon,
Act also requires that NMFS, upon months tend to be the busiest times for and California area. The Scorpaenidae
receiving an FMP or amendment, both the commercial and recreational genera are Sebastes, Scorpaena,
immediately publish a notice that the Sebastolobus, and Scorpaenodes.
fisheries in California and mortality
FMP or amendment is available for Finally, canary rockfish and petrale
tends to accumulate more quickly
public review and comment. NMFS will sole were declared rebuilt on August 4,
during these times The Council meets in
consider the public comments received 2015; therefore all references to them as
June and September of each year. If an
during the comment period described overfished stocks must be updated.
action is not warranted based on
above in determining whether to information available at the June Public Comments
approve Amendment 27 to the meeting, there is a lag of up to four
PCGFMP. NMFS welcomes comments on the
months before additional inseason proposed FMP amendment through the
Amendment 27 consists of 5
actions can be implemented. Because end of the comment period. A proposed
components: (1) Reclassify big skate
fisheries are ongoing during this time, rule to implement Amendment 27 has
from an Ecosystem Component Species
overages identified at the September been submitted for Secretarial review
to ‘‘in the fishery’’, (2) add deacon
meeting tend to be of a higher and approval. NMFS expects to publish
rockfish to the list of species in the
magnitude requiring more severe and request public review and comment
FMP, (3) establish a new inseason
management process in California for corrective actions (e.g., closing a on proposed regulations to implement
black, canary, and yelloweye rockfish, fishery). Therefore, a new inseason Amendment 27, along with the
(4) make updates to clarify several stock process for only black rockfish, canary groundfish specifications and
assessment descriptions, and (5) update rockfish, and yelloweye rockfish, and management measures for 2017 and
several sections because canary rockfish only in California was developed. This 2018, in the near future. Public
and petrale sole are rebuilt. system would allow NMFS to take comments on the proposed rule must be
inseason action outside of a Council received by the end of the comment
1. Reclassify Big Skate as ‘‘in the meeting when a Federal harvest period on the amendment to be
fishery’’ specification for one of these species considered in the approval/disapproval
Amendment 24 to PCGFMP classified was projected to be attained or had been decision on the amendment. All
several species, including big skate, as attained prior to the start of a Council comments received by the end of the
Ecosystem Component (EC) Species. meeting. Allowing NMFS to take comment period for the amendment,
However, when big skate was classified inseason action outside a Council whether specifically directed to the
as an EC species it was not known that meeting can reduce the severity of amendment or the proposed rule, will
a majority of the skate species that were management actions and reduce be considered in the approval/
landed and described as ‘‘unspecified negative economic impacts to the fleets disapproval decision.
skate’’ in the Shorebased IFQ Program and to the coastal communities which
asabaliauskas on DSK3SPTVN1PROD with PROPOSALS

Authority: 16 U.S.C. 1801 et seq.
landings was actually big skate. In order depend on the revenues generated from
for a stock to be classified as an EC these fisheries. Similar inseason Dated: September 27, 2016.
species (according to National Standard management processes were not Emily H. Menashes,
Guideline 1), (a) it may not be explored for Washington or Oregon Acting Director, Office of Sustainable
determined to be subject to overfishing, because they have rapid inseason Fisheries, National Marine Fisheries Service.
approaching overfished, or overfished; management processes sufficient for [FR Doc. 2016–23684 Filed 9–29–16; 8:45 am]
(b) it must not be likely to become their inseason management needs. BILLING CODE 3510–22–P

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Document Created: 2018-02-09 13:33:54
Document Modified: 2018-02-09 13:33:54

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		Proposed Rules
Action		Notice of availability of proposed fishery management plan amendment; request for comments.
Dates		Comments on Amendment 27 must be received on or before November 29, 2016.
Contact		Gretchen Hanshew, phone: 206-526-6147, fax: 206-526-6736, or email: [email protected]
FR Citation		81 FR 67287
RIN Number		0648-BG17

81 FR 67287 - Fisheries Off West Coast States; Amendment 27 to the Pacific Coast Groundfish Fishery Management Plan

DEPARTMENT OF COMMERCENational Oceanic and Atmospheric Administration

Federal Register Volume 81, Issue 190 (September 30, 2016)

DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration