82_FR_22038 82 FR 21948 - Magnuson-Stevens Act Provisions; Fisheries Off West Coast States; Pacific Coast Groundfish Fishery; 2017-2018 Biennial Specifications and Management Measures; Inseason Adjustments

82 FR 21948 - Magnuson-Stevens Act Provisions; Fisheries Off West Coast States; Pacific Coast Groundfish Fishery; 2017-2018 Biennial Specifications and Management Measures; Inseason Adjustments

DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration

Federal Register Volume 82, Issue 90 (May 11, 2017)

Page Range21948-21951
FR Document2017-09577

This final rule announces inseason changes to management measures in the Pacific Coast groundfish fishery. This action implements an increase in the incidental Pacific halibut retention ratio in the sablefish primary fishery, and changes to recreational fisheries management measures that will reduce recreational groundfish and rockfish bag limits and eliminate length requirements for recreationally caught lingcod in all areas.

Federal Register, Volume 82 Issue 90 (Thursday, May 11, 2017)
[Federal Register Volume 82, Number 90 (Thursday, May 11, 2017)]
[Rules and Regulations]
[Pages 21948-21951]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-09577]


=======================================================================
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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 660

[Docket No. 160808696-7010-02]
RIN 0648-BG76


Magnuson-Stevens Act Provisions; Fisheries Off West Coast States; 
Pacific Coast Groundfish Fishery; 2017-2018 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 fishery. This action 
implements an increase in the incidental Pacific halibut retention 
ratio in the sablefish primary fishery, and changes to recreational 
fisheries management measures that will reduce recreational groundfish 
and rockfish bag limits and eliminate length requirements for 
recreationally caught lingcod in all areas.

DATES: This final rule is effective May 11, 2017.

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/.

Background

    The Pacific Fishery Management Council (Council)--in coordination 
with the International Pacific Halibut Commission (IPHC) and the States 
of Washington, Oregon, and California--recommended changes to 
groundfish management measures at its March 7-13, 2017, meeting. 
Specifically, the Council recommended (1) an increase in incidental 
halibut retention allocation in the primary sablefish fishery from 110 
lbs dressed weight halibut per 1,000 lbs dressed weight sablefish, to 
140 lbs halibut to 1,000 lbs sablefish to improve opportunity for 
industry to harvest more of the sablefish allocation without exceeding 
it or the incidental halibut allocation ACLs, and (2) a reduction in 
rockfish bag limits in the Washington recreational groundfish fishery 
(all areas) from 10 to 7 rockfish per angler, a reduction in the 
aggregated groundfish daily bag limit from 12 to 9 fish per angler, and 
finally, removal of the 22-inch minimum size limit for lingcod 
retention.

Increased Incidental Halibut Retention in the Limited Entry Fixed Gear 
Sablefish Primary Fishery

    The IPHC establishes total allowable catch (TAC) amounts for 
Pacific halibut each year in January. Under the authority of the 
Northern Pacific Halibut Act, and implementing regulations at 50 CFR 
300.63, a Catch Sharing Plan for IPHC Area 2A (waters off the U.S. West 
Coast), developed by the Council and

[[Page 21949]]

implemented by the Secretary, allocates portions of the annual TAC 
among fisheries off Washington, Oregon, and California. Pacific halibut 
is generally a prohibited species for vessels fishing in Pacific coast 
groundfish fisheries, unless explicitly allowed in groundfish 
regulations and authorized by the Pacific halibut Catch Sharing Plan.
    In years where the Pacific halibut TAC is above 900,000 lbs (408.2 
mt), the Catch Sharing Plan allows the limited entry fixed gear 
sablefish primary fishery an incidental total catch allowance for 
Pacific halibut north of Pt. Chehalis, WA (46[deg]53.30' N. lat.). The 
2017 Pacific halibut Area 2A TAC is 1,330,000 lbs (603 mt), a 190,000 
lb (86.2 mt) increase from 2016. Consistent with the provisions of the 
Catch Sharing Plan, the limited entry fixed gear sablefish primary 
fishery north of Pt. Chehalis, WA is allowed an incidental total catch 
limit of 70,000 lbs (31.7 mt) for 2017.
    At its March 2017 meeting, the Council considered the new 2017 
total allowable catch (TAC) for Pacific halibut in Area 2A (waters off 
the U.S. West coast), and the total catch of Pacific halibut in the 
limited entry fixed gear sablefish primary fishery in recent years. 
Given the higher halibut allocation in 2017, the Groundfish Advisory 
Panel (GAP) requested the GMT look at recent participation in the 
primary fixed gear sablefish fishery north of Point Chehalis, and 
provide analysis relative to a reasonable ratio of halibut to 
sablefish, since it has been several years since the allocation has 
been at the level achieved for 2017.
    Current regulations provide for halibut retention starting on April 
1 with a landing ratio of 110 lbs dressed weight of halibut, for every 
1,000 lbs dressed weight of sablefish landed, and up to an additional 2 
halibut in excess of this ratio. These limits were based on the 2016 
allocation of 49,686 lbs (approximately 71 percent of the 2017 
allocation) and resulted in a catch of 29,499 lbs of incidental 
halibut, and 372,113 lbs of sablefish (approximately 58 percent of the 
sablefish allocation). At the March, 2017 Council meeting, the GMT 
examined landing restriction ratios of 110, 140, and 150 lbs dressed 
halibut per 1,000 lbs dressed sablefish. Based on 2016 catch totals, 
the number of vessels fishing that participated, and the average number 
of trips taken, which constitutes the best available information, an 
increase from 100 lbs to 140 lbs dressed incidental Pacific halibut 
retention per 1,000 lbs dressed sablefish would allow total catch of 
Pacific halibut to approach, but not exceed, the 2017 allocation for 
the sablefish primary fishery and provide greater opportunity for 
industry to catch a higher percentage of the sablefish primary fishery 
allocation. This ratio can be adjusted through routine inseason action 
based on participation and landings in the fishery, if warranted.
    In order to allow increased incidental halibut catch in the 
sablefish primary fishery to begin on April 1, or as soon as possible 
thereafter, the Council recommended and NMFS is revising incidental 
halibut retention regulations at Sec.  660.231(b)(3)(iv) to increase 
the catch ratio to ``140 lb (64 kg) dressed weight of halibut for every 
1,000 pounds (454 kg) dressed weight of sablefish landed and up to 2 
additional halibut in excess of the 140 lbs per 1,000 lbs ratio per 
landing.''
    The retention limits for Pacific halibut were not revised as part 
of the 2017-2018 harvest specifications and management measures because 
the Pacific halibut TAC is developed each year based on the most 
current scientific information, and the TAC for 2017 was not determined 
until the IPHC meeting in January, 2017.

Washington State Recreational Management Measures

    In June, 2016, the Council recommended Washington recreational 
groundfish regulations for 2017 and 2018. At that time, management 
measures were anticipated to keep recreational yelloweye rockfish 
within harvest guidelines and black rockfish catch within harvest 
targets. Once catch data was compiled for 2016, harvest projections for 
black rockfish in 2017 and 2018 exceeded the harvest targets. As a 
result, WDFW adopted revised management measures by emergency rule in 
February 2017, consistent with Federal guidelines that state 
regulations may be more restrictive than Federal regulations. At its 
March 2017 meeting, the Council considered taking action to modify 
Federal regulations to keep catch within harvest targets and bring 
consistency with state regulations.
    The Council considered the best available fishery information, and 
recommended a reduction in the daily rockfish bag limit from 10 to 7 
per angler to keep the Washington recreational black rockfish catch 
within the harvest targets for 2017 and 2018 as described. A 7 rockfish 
bag limit is anticipated to keep harvest of black rockfish within the 
target harvest limit and avoid having further bag limit reductions 
inseason.
    In the Washington recreational groundfish fishery, the aggregate 
groundfish limit is currently, and has traditionally been 2 fish higher 
than the rockfish bag limit (with a rockfish limit of 10 fish the 
groundfish total bag limit was 12 fish), allowing anglers to retain a 2 
fish bag limit for species other than rockfish, like lingcod or 
cabezon. To remain consistent with Washington recreational groundfish 
regulations, the Council recommended reducing the aggregate groundfish 
daily bag limit from 12 to 9 keeping the aggregate limit at 2 fish 
higher than the rockfish daily bag limit. Given their recommendation to 
reduce the rockfish daily bag limit from 10 fish to 7 fish, the Council 
also recommended an aggregate groundfish bag limit reduction from 12 to 
9.
    Recreational fishing regulations do not allow yelloweye rockfish to 
be retained, to discourage targeting, keep mortality within the harvest 
guideline, and promote rebuilding. Yelloweye rockfish are often caught 
incidentally while targeting other groundfish species, such as lingcod. 
Under current Washington state regulations, lingcod must be a minimum 
of 22 inches to be retained. Angler interview data indicates that the 
number of discarded lingcod has increased in recent years, suggesting 
that anglers are catching undersized lingcod at a higher rate. Removing 
the minimum lingcod size limit is intended to encourage anglers to 
retain the first two lingcod caught, reducing their time on the water 
and potential interactions with yelloweye rockfish. Consistent with 
WDFW's regulations, the Council recommended removing the 22-inch 
minimum size limit for lingcod in the Washington recreational 
groundfish fishery.
    The Council also recommended removing a requirement for observers 
to count and weigh canary rockfish and bocaccio before leaving a 
Shorebased IFQ vessel that has docked but hasn't yet offloaded. Higher 
2017 ACLs and trawl allocations for these two species are anticipated 
to increase the volume of fish landed and to reduce a vessel's 
incentive to discard the fish while in port but prior to offload. 
Additionally, canary rockfish is no longer managed under a rebuilding 
plan, therefore the added burden for accounting catch of this species 
is no longer necessary. The Council considered modification to shorten 
the length of time the observer must remain on board the vessel once it 
docks, potentially saving vessels a small part of the cost of the 
observer's time.
    The species that are subject to this catch accounting requirement 
are designated as a routine management measure at Sec.  660.60(c)(1) 
and may be revised after a single Council meeting. However, NMFS has 
not found good cause to waive notice and comment in

[[Page 21950]]

this case. Higher 2017 ACLs and trawl allocations, potential for higher 
catches and rebuilding status of these two species was considered in a 
notice and comment rule over winter (81 FR 75266, October 28, 2016; 82 
FR 9634, February 7, 2017). Circumstances facilitating the Council to 
recommend this change are not substantively different from those that 
were considered in the 2017-2018 harvest specifications and management 
measures rule. There is no evidence of higher than anticipated catches 
in early 2017 for these species, or other new information suggesting 
that there is good cause to waive notice and comment. Therefore, NMFS 
is not including this change in this inseason action. NMFS notified the 
Council at its April meeting of our intent to implement this regulatory 
change through a notice and comment rulemaking.

Classification

    This final rule makes routine inseason adjustments to groundfish 
fishery management measures based on the best available information, 
and is consistent with the Pacific Coast Groundfish FMP 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 the regulatory changes in this final rule may become effective 
as soon as possible.
    At its March, 2017 meeting, the Council was presented with the IPHC 
final Area 2A Pacific halibut TAC of 1,330,000 lbs (603 mt). The 
Pacific halibut TAC is above 900,000 lbs (408.2 mt), therefore, per the 
Area 2A Catch Sharing Plan, retention of Pacific halibut will be 
allowed in the Limited Entry Fixed Gear (LEFG) sablefish primary 
fishery in 2017. Because the 2017 TAC is 190,000 lbs (86 mt) higher in 
2017 than in 2016, the Council recommended an increase from 110 lbs to 
140 lbs of dressed weight halibut per 1,000 lbs dressed weight 
sablefish. The Council recommended this increased limit be implemented 
by April 1, 2017, the start of the LEFG sablefish primary fishery, or 
as soon as possible thereafter to increase Pacific halibut harvest 
opportunity, to allow Pacific halibut to be retained throughout the 
LEFG sablefish primary season, and to achieve attainment of incidental 
Pacific halibut quota in this fishery given the most recent Pacific 
halibut catch data and higher 2017 allocation.
    During this March, 2017 meeting, the Council also recommended a 
reduction in the Washington recreational daily rockfish limit and daily 
aggregate groundfish limit, as well as removal of the 22 inch size 
limit for lingcod in all areas, in conformance with Washington state 
recreational fisheries management measures. This recommendation is 
based on the most recent information available including 2016 catch 
data as presented to the Council in March 2017. This data indicates 
that 2017 and 2018 black rockfish harvest projections for Washington 
recreational fisheries would exceed their target amounts through the 
end of the year if no changes were made. These adjustments to 
management measures are intended, and must be implemented in a timely 
manner, to prevent black rockfish harvest in the Washington 
recreational groundfish fishery, when combined with harvest in 
Washington commercial fisheries, from exceeding the black rockfish ACL 
for the area between the U.S.-Canada border and 46[deg]16' N. lat.
    There was not sufficient time after the March meeting to 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 ACLs in accordance with the 
PCGFMP, the Pacific halibut Area 2A CSP, and applicable law. If this 
rule is not implemented in a timely manner, the public could have 
incorrect information regarding Washington State recreational 
groundfish regulations which could result in confusion and be 
inconsistent with the Council's intent.
    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. 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 2017-
2018.
    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: May 8, 2017.
Karen H. Abrams,
Acting Deputy Director, Office of Sustainable Fisheries, National 
Marine Fisheries Service.

    For the reasons set out in the preamble, NMFS amends 50 CFR part 
660 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. In Sec.  660.231, revise paragraph (b)(3)(iv) to read as follows:


Sec.  660.231  Limited entry fixed gear sablefish primary fishery.

* * * * *
    (b) * * *
    (3) * * *
    (iv) Incidental Pacific halibut retention north of Pt. Chehalis, WA 
(46[deg]53.30' N. lat.). From April 1 through October 31, vessels 
authorized to participate in the sablefish primary fishery, licensed by 
the International Pacific Halibut Commission for commercial fishing in 
Area 2A (waters off Washington, Oregon, California), and fishing with 
longline gear north of Pt. Chehalis, WA (46[deg]53.30' N. lat.) may 
possess and land up to the following cumulative limits: 140 pounds (64 
kg) dressed weight of Pacific halibut for every 1,000 pounds (454 kg) 
dressed weight of sablefish landed and up to 2 additional Pacific 
halibut in excess of the 140-pounds-per-1,000-pound ratio per landing. 
``Dressed'' Pacific halibut in this area means halibut landed 
eviscerated with their heads on. Pacific halibut taken and retained in 
the sablefish primary fishery north of Pt. Chehalis may only be landed 
north of Pt. Chehalis and may not be possessed or landed south of Pt. 
Chehalis.
* * * * *

[[Page 21951]]


0
3. In Sec.  660.360, revise paragraphs (c)(1) introductory text and 
(c)(1)(ii) and (iv) to read as follows:


Sec.  660.360  Recreational fishery--management measures.

* * * * *
    (c) * * *
    (1) Washington. For each person engaged in recreational fishing off 
the coast of Washington, the groundfish bag limit is 9 groundfish per 
day, including rockfish, cabezon and lingcod. Within the groundfish bag 
limit, there are sub-limits for rockfish, lingcod, and cabezon outlined 
in paragraph (c)(1)(i)(D) of this section. The recreational groundfish 
fishery will open the second Saturday in March through the third 
Saturday in October for all species in all areas except lingcod in 
Marine Area 4 as described in paragraph (c)(1)(iv) of this section. In 
the Pacific halibut fisheries, retention of groundfish is governed in 
part by annual management measures for Pacific halibut fisheries, which 
are published in the Federal Register. The following seasons, closed 
areas, sub-limits and size limits apply:
* * * * *
    (ii) Rockfish. In areas of the EEZ seaward of Washington that are 
open to recreational groundfish fishing, there is a 7 rockfish per day 
bag limit. In Marine Areas 1 and 2 there is a 1 fish sub-bag limit per 
day for canary rockfish. Taking and retaining canary rockfish is 
prohibited in Marine Areas 3 and 4. Taking and retaining yelloweye 
rockfish is prohibited in all Marine areas.
* * * * *
    (iv) Lingcod. In areas of the EEZ seaward of Washington that are 
open to recreational groundfish fishing and when the recreational 
season for lingcod is open, there is a bag limit of 2 lingcod per day. 
The recreational fishing seasons are as follows:
    (A) Between the U.S./Canada border and 48[deg]10' N. lat. (Cape 
Alava) (Washington Marine Area 4), recreational fishing for lingcod is 
open, for 2017 and 2018, from April 16 through October 15.
    (B) Between 48[deg]10' N. lat. (Cape Alava) and 46[deg]16' N. lat. 
(Columbia River) (Washington Marine Areas 1-3), recreational fishing 
for lingcod is open for 2017 from March 11 through October 21, and for 
2018 from March 10 through October 20.
* * * * *
[FR Doc. 2017-09577 Filed 5-8-17; 4:15 pm]
 BILLING CODE 3510-22-P



                                             21948               Federal Register / Vol. 82, No. 90 / Thursday, May 11, 2017 / Rules and Regulations

                                             contain any information collections                     List of Subjects in 40 CFR Part 180                   SUMMARY:   This final rule announces
                                             subject to OMB approval under the                         Environmental protection,                           inseason changes to management
                                             Paperwork Reduction Act (PRA) (44                       Administrative practice and procedure,                measures in the Pacific Coast groundfish
                                             U.S.C. 3501 et seq.), nor does it require               Agricultural commodities, Pesticides                  fishery. This action implements an
                                             any special considerations under                        and pests, Reporting and recordkeeping                increase in the incidental Pacific halibut
                                             Executive Order 12898, entitled                         requirements.                                         retention ratio in the sablefish primary
                                             ‘‘Federal Actions to Address                                                                                  fishery, and changes to recreational
                                             Environmental Justice in Minority                         Dated: March 28, 2017.                              fisheries management measures that
                                             Populations and Low-Income                              Michael Goodis,                                       will reduce recreational groundfish and
                                             Populations’’ (59 FR 7629, February 16,                 Director, Registration Division, Office of            rockfish bag limits and eliminate length
                                             1994).                                                  Pesticide Programs.                                   requirements for recreationally caught
                                                Since tolerances and exemptions that                 ■Therefore, 40 CFR chapter I is                       lingcod in all areas.
                                             are established on the basis of a petition              amended as follows:                                   DATES: This final rule is effective May
                                             under FFDCA section 408(d), such as                                                                           11, 2017.
                                             the tolerance in this final rule, do not                PART 180—[AMENDED]                                    FOR FURTHER INFORMATION CONTACT:
                                             require the issuance of a proposed rule,                                                                      Benjamin Mann phone: 206–526–6117,
                                             the requirements of the Regulatory                      ■ 1. The authority citation for part 180
                                                                                                     continues to read as follows:                         fax: 206–526–6736, or email:
                                             Flexibility Act (RFA) (5 U.S.C. 601 et                                                                        Benjamin.mann@noaa.gov.
                                             seq.), do not apply.                                        Authority: 21 U.S.C. 321(q), 346a and 371.
                                                                                                                                                           SUPPLEMENTARY INFORMATION:
                                                This action directly regulates growers,              ■ 2. In § 180.574, add alphabetically the
                                             food processors, food handlers, and food                entry ‘‘Tea, dried 1’’ and footnote 1 to              Electronic Access
                                             retailers, not States or tribes, nor does               the table in paragraph (a)(1) to read as                 This rule is accessible via the Internet
                                             this action alter the relationships or                  follows:                                              at the Office of the Federal Register Web
                                             distribution of power and                                                                                     site at https://www.federalregister.gov.
                                             responsibilities established by Congress                § 180.574 Fluazinam; tolerances for
                                                                                                     residues.                                             Background information and documents
                                             in the preemption provisions of FFDCA                                                                         are available at the Pacific Fishery
                                             section 408(n)(4). As such, the Agency                      (a) * * *
                                                                                                         (1) * * *                                         Management Council’s Web site at
                                             has determined that this action will not                                                                      http://www.pcouncil.org/.
                                             have a substantial direct effect on States
                                             or tribal governments, on the                                                                     Parts per  Background
                                                                                                                 Commodity                      million
                                             relationship between the national                                                                               The Pacific Fishery Management
                                             government and the States or tribal                                                                          Council (Council)—in coordination with
                                             governments, or on the distribution of                       *        *              *               * *     the International Pacific Halibut
                                             power and responsibilities among the                    Tea, dried 1 .................................   6.0 Commission (IPHC) and the States of
                                             various levels of government or between                                                                      Washington, Oregon, and California—
                                             the Federal Government and Indian                            *        *              *               * *
                                                                                                                                                          recommended changes to groundfish
                                             tribes. Thus, the Agency has determined                    1 There is no U.S. registration as of January     management measures at its March 7–
                                             that Executive Order 13132, entitled                    19, 2017.                                            13, 2017, meeting. Specifically, the
                                             ‘‘Federalism’’ (64 FR 43255, August 10,                 *      *      *        *         *                   Council recommended (1) an increase in
                                             1999) and Executive Order 13175,                        [FR Doc. 2017–09590 Filed 5–10–17; 8:45 am]          incidental halibut retention allocation
                                             entitled ‘‘Consultation and Coordination                BILLING CODE 6560–50–P                               in the primary sablefish fishery from
                                             with Indian Tribal Governments’’ (65 FR                                                                      110 lbs dressed weight halibut per 1,000
                                             67249, November 9, 2000) do not apply                                                                        lbs dressed weight sablefish, to 140 lbs
                                             to this action. In addition, this action                                                                     halibut to 1,000 lbs sablefish to improve
                                             does not impose any enforceable duty or                 DEPARTMENT OF COMMERCE                               opportunity for industry to harvest more
                                             contain any unfunded mandate as                                                                              of the sablefish allocation without
                                             described under Title II of the Unfunded                National Oceanic and Atmospheric
                                                                                                     Administration                                       exceeding it or the incidental halibut
                                             Mandates Reform Act (UMRA) (2 U.S.C.                                                                         allocation ACLs, and (2) a reduction in
                                             1501 et seq.).                                                                                               rockfish bag limits in the Washington
                                                                                                     50 CFR Part 660
                                                This action does not involve any                                                                          recreational groundfish fishery (all
                                             technical standards that would require                  [Docket No. 160808696–7010–02]                       areas) from 10 to 7 rockfish per angler,
                                             Agency consideration of voluntary                                                                            a reduction in the aggregated groundfish
                                             consensus standards pursuant to section                 RIN 0648–BG76                                        daily bag limit from 12 to 9 fish per
                                             12(d) of the National Technology                                                                             angler, and finally, removal of the 22-
                                             Transfer and Advancement Act                            Magnuson-Stevens Act Provisions;
                                                                                                                                                          inch minimum size limit for lingcod
                                             (NTTAA) (15 U.S.C. 272 note).                           Fisheries Off West Coast States;
                                                                                                                                                          retention.
                                                                                                     Pacific Coast Groundfish Fishery;
                                             VII. Congressional Review Act                           2017–2018 Biennial Specifications and Increased Incidental Halibut Retention
                                               Pursuant to the Congressional Review                  Management Measures; Inseason                        in the Limited Entry Fixed Gear
                                             Act (5 U.S.C. 801 et seq.), EPA will                    Adjustments                                          Sablefish Primary Fishery
                                             submit a report containing this rule and                AGENCY: National Marine Fisheries                       The IPHC establishes total allowable
pmangrum on DSK3GDR082PROD with RULES




                                             other required information to the U.S.                  Service (NMFS), National Oceanic and                 catch (TAC) amounts for Pacific halibut
                                             Senate, the U.S. House of                               Atmospheric Administration (NOAA),                   each year in January. Under the
                                             Representatives, and the Comptroller                    Commerce.                                            authority of the Northern Pacific Halibut
                                             General of the United States prior to                   ACTION: Final rule; inseason adjustments
                                                                                                                                                          Act, and implementing regulations at 50
                                             publication of the rule in the Federal                  to biennial groundfish management                    CFR 300.63, a Catch Sharing Plan for
                                             Register. This action is not a ‘‘major                  measures.                                            IPHC Area 2A (waters off the U.S. West
                                             rule’’ as defined by 5 U.S.C. 804(2).                                                                        Coast), developed by the Council and


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                                                                 Federal Register / Vol. 82, No. 90 / Thursday, May 11, 2017 / Rules and Regulations                                        21949

                                             implemented by the Secretary, allocates                 sablefish primary fishery and provide                 traditionally been 2 fish higher than the
                                             portions of the annual TAC among                        greater opportunity for industry to catch             rockfish bag limit (with a rockfish limit
                                             fisheries off Washington, Oregon, and                   a higher percentage of the sablefish                  of 10 fish the groundfish total bag limit
                                             California. Pacific halibut is generally a              primary fishery allocation. This ratio                was 12 fish), allowing anglers to retain
                                             prohibited species for vessels fishing in               can be adjusted through routine                       a 2 fish bag limit for species other than
                                             Pacific coast groundfish fisheries, unless              inseason action based on participation                rockfish, like lingcod or cabezon. To
                                             explicitly allowed in groundfish                        and landings in the fishery, if                       remain consistent with Washington
                                             regulations and authorized by the                       warranted.                                            recreational groundfish regulations, the
                                             Pacific halibut Catch Sharing Plan.                        In order to allow increased incidental             Council recommended reducing the
                                                In years where the Pacific halibut                   halibut catch in the sablefish primary                aggregate groundfish daily bag limit
                                             TAC is above 900,000 lbs (408.2 mt), the                fishery to begin on April 1, or as soon               from 12 to 9 keeping the aggregate limit
                                             Catch Sharing Plan allows the limited                   as possible thereafter, the Council                   at 2 fish higher than the rockfish daily
                                             entry fixed gear sablefish primary                      recommended and NMFS is revising                      bag limit. Given their recommendation
                                             fishery an incidental total catch                       incidental halibut retention regulations              to reduce the rockfish daily bag limit
                                             allowance for Pacific halibut north of Pt.              at § 660.231(b)(3)(iv) to increase the                from 10 fish to 7 fish, the Council also
                                             Chehalis, WA (46°53.30′ N. lat.). The                   catch ratio to ‘‘140 lb (64 kg) dressed               recommended an aggregate groundfish
                                             2017 Pacific halibut Area 2A TAC is                     weight of halibut for every 1,000 pounds              bag limit reduction from 12 to 9.
                                             1,330,000 lbs (603 mt), a 190,000 lb                    (454 kg) dressed weight of sablefish                     Recreational fishing regulations do
                                             (86.2 mt) increase from 2016. Consistent                landed and up to 2 additional halibut in              not allow yelloweye rockfish to be
                                             with the provisions of the Catch Sharing                excess of the 140 lbs per 1,000 lbs ratio             retained, to discourage targeting, keep
                                             Plan, the limited entry fixed gear                      per landing.’’                                        mortality within the harvest guideline,
                                             sablefish primary fishery north of Pt.                     The retention limits for Pacific halibut           and promote rebuilding. Yelloweye
                                             Chehalis, WA is allowed an incidental                   were not revised as part of the 2017–                 rockfish are often caught incidentally
                                             total catch limit of 70,000 lbs (31.7 mt)               2018 harvest specifications and                       while targeting other groundfish
                                             for 2017.                                               management measures because the                       species, such as lingcod. Under current
                                                At its March 2017 meeting, the                       Pacific halibut TAC is developed each                 Washington state regulations, lingcod
                                             Council considered the new 2017 total                   year based on the most current scientific             must be a minimum of 22 inches to be
                                             allowable catch (TAC) for Pacific                       information, and the TAC for 2017 was                 retained. Angler interview data
                                             halibut in Area 2A (waters off the U.S.                 not determined until the IPHC meeting                 indicates that the number of discarded
                                             West coast), and the total catch of                     in January, 2017.                                     lingcod has increased in recent years,
                                             Pacific halibut in the limited entry fixed                                                                    suggesting that anglers are catching
                                                                                                     Washington State Recreational
                                             gear sablefish primary fishery in recent                                                                      undersized lingcod at a higher rate.
                                                                                                     Management Measures
                                             years. Given the higher halibut                                                                               Removing the minimum lingcod size
                                             allocation in 2017, the Groundfish                        In June, 2016, the Council                          limit is intended to encourage anglers to
                                             Advisory Panel (GAP) requested the                      recommended Washington recreational                   retain the first two lingcod caught,
                                             GMT look at recent participation in the                 groundfish regulations for 2017 and                   reducing their time on the water and
                                             primary fixed gear sablefish fishery                    2018. At that time, management                        potential interactions with yelloweye
                                             north of Point Chehalis, and provide                    measures were anticipated to keep                     rockfish. Consistent with WDFW’s
                                             analysis relative to a reasonable ratio of              recreational yelloweye rockfish within                regulations, the Council recommended
                                             halibut to sablefish, since it has been                 harvest guidelines and black rockfish                 removing the 22-inch minimum size
                                             several years since the allocation has                  catch within harvest targets. Once catch              limit for lingcod in the Washington
                                             been at the level achieved for 2017.                    data was compiled for 2016, harvest                   recreational groundfish fishery.
                                                Current regulations provide for                      projections for black rockfish in 2017                   The Council also recommended
                                             halibut retention starting on April 1                   and 2018 exceeded the harvest targets.                removing a requirement for observers to
                                             with a landing ratio of 110 lbs dressed                 As a result, WDFW adopted revised                     count and weigh canary rockfish and
                                             weight of halibut, for every 1,000 lbs                  management measures by emergency                      bocaccio before leaving a Shorebased
                                             dressed weight of sablefish landed, and                 rule in February 2017, consistent with                IFQ vessel that has docked but hasn’t
                                             up to an additional 2 halibut in excess                 Federal guidelines that state regulations             yet offloaded. Higher 2017 ACLs and
                                             of this ratio. These limits were based on               may be more restrictive than Federal                  trawl allocations for these two species
                                             the 2016 allocation of 49,686 lbs                       regulations. At its March 2017 meeting,               are anticipated to increase the volume of
                                             (approximately 71 percent of the 2017                   the Council considered taking action to               fish landed and to reduce a vessel’s
                                             allocation) and resulted in a catch of                  modify Federal regulations to keep                    incentive to discard the fish while in
                                             29,499 lbs of incidental halibut, and                   catch within harvest targets and bring                port but prior to offload. Additionally,
                                             372,113 lbs of sablefish (approximately                 consistency with state regulations.                   canary rockfish is no longer managed
                                             58 percent of the sablefish allocation).                  The Council considered the best                     under a rebuilding plan, therefore the
                                             At the March, 2017 Council meeting, the                 available fishery information, and                    added burden for accounting catch of
                                             GMT examined landing restriction                        recommended a reduction in the daily                  this species is no longer necessary. The
                                             ratios of 110, 140, and 150 lbs dressed                 rockfish bag limit from 10 to 7 per                   Council considered modification to
                                             halibut per 1,000 lbs dressed sablefish.                angler to keep the Washington                         shorten the length of time the observer
                                             Based on 2016 catch totals, the number                  recreational black rockfish catch within              must remain on board the vessel once it
                                             of vessels fishing that participated, and               the harvest targets for 2017 and 2018 as              docks, potentially saving vessels a small
                                             the average number of trips taken,                      described. A 7 rockfish bag limit is                  part of the cost of the observer’s time.
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                                             which constitutes the best available                    anticipated to keep harvest of black                     The species that are subject to this
                                             information, an increase from 100 lbs to                rockfish within the target harvest limit              catch accounting requirement are
                                             140 lbs dressed incidental Pacific                      and avoid having further bag limit                    designated as a routine management
                                             halibut retention per 1,000 lbs dressed                 reductions inseason.                                  measure at § 660.60(c)(1) and may be
                                             sablefish would allow total catch of                      In the Washington recreational                      revised after a single Council meeting.
                                             Pacific halibut to approach, but not                    groundfish fishery, the aggregate                     However, NMFS has not found good
                                             exceed, the 2017 allocation for the                     groundfish limit is currently, and has                cause to waive notice and comment in


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                                             21950               Federal Register / Vol. 82, No. 90 / Thursday, May 11, 2017 / Rules and Regulations

                                             this case. Higher 2017 ACLs and trawl                   the start of the LEFG sablefish primary               objectives of managing for appropriate
                                             allocations, potential for higher catches               fishery, or as soon as possible thereafter            harvest levels while providing for year-
                                             and rebuilding status of these two                      to increase Pacific halibut harvest                   round fishing and marketing
                                             species was considered in a notice and                  opportunity, to allow Pacific halibut to              opportunities. No aspect of this action is
                                             comment rule over winter (81 FR 75266,                  be retained throughout the LEFG                       controversial, and changes of this nature
                                             October 28, 2016; 82 FR 9634, February                  sablefish primary season, and to achieve              were anticipated in the groundfish
                                             7, 2017). Circumstances facilitating the                attainment of incidental Pacific halibut              biennial harvest specifications and
                                             Council to recommend this change are                    quota in this fishery given the most                  management measures established for
                                             not substantively different from those                  recent Pacific halibut catch data and                 2017–2018.
                                             that were considered in the 2017–2018                   higher 2017 allocation.                                 Accordingly, for the reasons stated
                                             harvest specifications and management                      During this March, 2017 meeting, the               above, NMFS finds good cause to waive
                                             measures rule. There is no evidence of                  Council also recommended a reduction                  prior notice and comment and to waive
                                             higher than anticipated catches in early                in the Washington recreational daily                  the delay in effectiveness.
                                             2017 for these species, or other new                    rockfish limit and daily aggregate
                                             information suggesting that there is                    groundfish limit, as well as removal of               List of Subjects in 50 CFR Part 660
                                             good cause to waive notice and                          the 22 inch size limit for lingcod in all               Fisheries, Fishing, and Reporting and
                                             comment. Therefore, NMFS is not                         areas, in conformance with Washington                 recordkeeping requirements.
                                             including this change in this inseason                  state recreational fisheries management
                                                                                                                                                             Dated: May 8, 2017.
                                             action. NMFS notified the Council at its                measures. This recommendation is
                                             April meeting of our intent to                          based on the most recent information                  Karen H. Abrams,
                                             implement this regulatory change                        available including 2016 catch data as                Acting Deputy Director, Office of Sustainable
                                             through a notice and comment                            presented to the Council in March 2017.               Fisheries, National Marine Fisheries Service.
                                             rulemaking.                                             This data indicates that 2017 and 2018                  For the reasons set out in the
                                                                                                     black rockfish harvest projections for                preamble, NMFS amends 50 CFR part
                                             Classification                                          Washington recreational fisheries would               660 as follows:
                                                This final rule makes routine inseason               exceed their target amounts through the
                                             adjustments to groundfish fishery                       end of the year if no changes were                    PART 660—FISHERIES OFF WEST
                                             management measures based on the best                   made. These adjustments to                            COAST STATES
                                             available information, and is consistent                management measures are intended,
                                             with the Pacific Coast Groundfish FMP                   and must be implemented in a timely                   ■ 1. The authority citation for part 660
                                             and its implementing regulations.                       manner, to prevent black rockfish                     continues to read as follows:
                                                This action is taken under the                       harvest in the Washington recreational                  Authority: 16 U.S.C. 1801 et seq., 16
                                             authority of 50 CFR 660.60(c) and is                    groundfish fishery, when combined                     U.S.C. 773 et seq., and 16 U.S.C. 7001 et seq.
                                             exempt from review under Executive                      with harvest in Washington commercial
                                             Order 12866.                                                                                                  ■ 2. In § 660.231, revise paragraph
                                                                                                     fisheries, from exceeding the black
                                                The aggregate data upon which these                                                                        (b)(3)(iv) to read as follows:
                                                                                                     rockfish ACL for the area between the
                                             actions are based are available for public              U.S.-Canada border and 46°16′ N. lat.                 § 660.231 Limited entry fixed gear
                                             inspection at the Office of the                            There was not sufficient time after the            sablefish primary fishery.
                                             Administrator, West Coast Region,                       March meeting to undergo proposed and                 *      *     *    *     *
                                             NMFS, during business hours.                            final rulemaking before these actions
                                                NMFS finds good cause to waive prior                                                                          (b) * * *
                                                                                                     need to be in effect. For the actions to
                                             public notice and comment on the                                                                                 (3) * * *
                                                                                                     be implemented in this final rule,
                                             revisions to groundfish management                      affording the time necessary for prior                   (iv) Incidental Pacific halibut
                                             measures under 5 U.S.C. 553(b) because                  notice and opportunity for public                     retention north of Pt. Chehalis, WA
                                             notice and comment would be                             comment would prevent NMFS from                       (46°53.30′ N. lat.). From April 1 through
                                             impracticable and contrary to the public                managing fisheries using the best                     October 31, vessels authorized to
                                             interest. Also, for the same reasons,                   available science to approach, without                participate in the sablefish primary
                                             NMFS finds good cause to waive the 30-                  exceeding ACLs in accordance with the                 fishery, licensed by the International
                                             day delay in effectiveness pursuant to 5                PCGFMP, the Pacific halibut Area 2A                   Pacific Halibut Commission for
                                             U.S.C. 553(d)(3), so that the regulatory                CSP, and applicable law. If this rule is              commercial fishing in Area 2A (waters
                                             changes in this final rule may become                   not implemented in a timely manner,                   off Washington, Oregon, California), and
                                             effective as soon as possible.                          the public could have incorrect                       fishing with longline gear north of Pt.
                                                At its March, 2017 meeting, the                      information regarding Washington State                Chehalis, WA (46°53.30′ N. lat.) may
                                             Council was presented with the IPHC                     recreational groundfish regulations                   possess and land up to the following
                                             final Area 2A Pacific halibut TAC of                    which could result in confusion and be                cumulative limits: 140 pounds (64 kg)
                                             1,330,000 lbs (603 mt). The Pacific                     inconsistent with the Council’s intent.               dressed weight of Pacific halibut for
                                             halibut TAC is above 900,000 lbs (408.2                    For the actions to be implemented in               every 1,000 pounds (454 kg) dressed
                                             mt), therefore, per the Area 2A Catch                   this final rule, affording the time                   weight of sablefish landed and up to 2
                                             Sharing Plan, retention of Pacific                      necessary for prior notice and                        additional Pacific halibut in excess of
                                             halibut will be allowed in the Limited                  opportunity for public comment would                  the 140-pounds-per-1,000-pound ratio
                                             Entry Fixed Gear (LEFG) sablefish                       prevent NMFS from managing fisheries                  per landing. ‘‘Dressed’’ Pacific halibut
                                             primary fishery in 2017. Because the                    using the best available science to                   in this area means halibut landed
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                                             2017 TAC is 190,000 lbs (86 mt) higher                  prevent overfishing in accordance with                eviscerated with their heads on. Pacific
                                             in 2017 than in 2016, the Council                       the PCGFMP and applicable law.                        halibut taken and retained in the
                                             recommended an increase from 110 lbs                       Delaying these changes would also                  sablefish primary fishery north of Pt.
                                             to 140 lbs of dressed weight halibut per                keep management measures in place                     Chehalis may only be landed north of
                                             1,000 lbs dressed weight sablefish. The                 that are not based on the best available              Pt. Chehalis and may not be possessed
                                             Council recommended this increased                      information. Such delay would impair                  or landed south of Pt. Chehalis.
                                             limit be implemented by April 1, 2017,                  achievement of the PCGFMP goals and                   *      *     *    *     *


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                                                                 Federal Register / Vol. 82, No. 90 / Thursday, May 11, 2017 / Rules and Regulations                                              21951

                                             ■ 3. In § 660.360, revise paragraphs                    section. In the Pacific halibut fisheries,            recreational groundfish fishing and
                                             (c)(1) introductory text and (c)(1)(ii) and             retention of groundfish is governed in                when the recreational season for lingcod
                                             (iv) to read as follows:                                part by annual management measures                    is open, there is a bag limit of 2 lingcod
                                                                                                     for Pacific halibut fisheries, which are              per day. The recreational fishing
                                             § 660.360 Recreational fishery—
                                                                                                     published in the Federal Register. The                seasons are as follows:
                                             management measures.
                                                                                                     following seasons, closed areas, sub-                    (A) Between the U.S./Canada border
                                             *      *     *    *     *                               limits and size limits apply:
                                                (c) * * *                                                                                                  and 48°10′ N. lat. (Cape Alava)
                                                (1) Washington. For each person                      *       *    *     *     *                            (Washington Marine Area 4),
                                             engaged in recreational fishing off the                    (ii) Rockfish. In areas of the EEZ                 recreational fishing for lingcod is open,
                                             coast of Washington, the groundfish bag                 seaward of Washington that are open to                for 2017 and 2018, from April 16
                                             limit is 9 groundfish per day, including                recreational groundfish fishing, there is             through October 15.
                                             rockfish, cabezon and lingcod. Within                   a 7 rockfish per day bag limit. In Marine                (B) Between 48°10′ N. lat. (Cape
                                             the groundfish bag limit, there are sub-                Areas 1 and 2 there is a 1 fish sub-bag               Alava) and 46°16′ N. lat. (Columbia
                                             limits for rockfish, lingcod, and cabezon               limit per day for canary rockfish. Taking             River) (Washington Marine Areas 1–3),
                                             outlined in paragraph (c)(1)(i)(D) of this              and retaining canary rockfish is                      recreational fishing for lingcod is open
                                             section. The recreational groundfish                    prohibited in Marine Areas 3 and 4.                   for 2017 from March 11 through October
                                             fishery will open the second Saturday in                Taking and retaining yelloweye rockfish               21, and for 2018 from March 10 through
                                             March through the third Saturday in                     is prohibited in all Marine areas.                    October 20.
                                             October for all species in all areas                    *       *    *     *     *                            *      *    *     *     *
                                             except lingcod in Marine Area 4 as                         (iv) Lingcod. In areas of the EEZ                  [FR Doc. 2017–09577 Filed 5–8–17; 4:15 pm]
                                             described in paragraph (c)(1)(iv) of this               seaward of Washington that are open to                BILLING CODE 3510–22–P
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Document Created: 2017-05-11 00:15:03
Document Modified: 2017-05-11 00:15:03
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 May 11, 2017.
ContactBenjamin Mann phone: 206-526-6117, fax: 206-526-6736, or email: [email protected]
FR Citation82 FR 21948 
RIN Number0648-BG76
CFR AssociatedFisheries; Fishing and Reporting and Recordkeeping Requirements

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