83 FR 13428 - Fisheries Off West Coast States; Pacific Coast Groundfish Fishery Management Plan; Authorization of an Oregon Recreational Fishery for Midwater Groundfish Species
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration Federal Register Volume 83, Issue 61 (March 29, 2018)
National Oceanic and Atmospheric Administration
Federal Register Volume 83, Issue 61 (March 29, 2018)
| Page Range | 13428-13431 | |
| FR Document | 2018-06316 |
[Federal Register Volume 83, Number 61 (Thursday, March 29, 2018)] [Rules and Regulations] [Pages 13428-13431] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-06316] ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 660 [Docket No. 161024999-8248-02] RIN 0648-BG40 Fisheries Off West Coast States; Pacific Coast Groundfish Fishery Management Plan; Authorization of an Oregon Recreational Fishery for Midwater Groundfish Species AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Final rule. ----------------------------------------------------------------------- SUMMARY: This final rule authorizes the use of midwater long-leader gear for recreational fishing in waters seaward of a boundary line approximating the 40 fathoms depth contour off the coast of Oregon. Both charter and private vessels are authorized to use midwater long- leader gear seaward of the 40 fathom seasonal depth closure, while being monitored with the existing Oregon Ocean Recreational Boat Sampling (ORBS) program. The use of midwater long-leader gear is intended to limit bycatch of overfished and rebuilding rockfish species, such as bottom-dwelling yelloweye rockfish, while still allowing for the catch of abundant midwater species such as yellowtail and widow rockfish. The season will occur between April and September, months currently subject to depth restrictions. DATES: Effective April 1, 2018. FOR FURTHER INFORMATION CONTACT: Christopher Biegel, phone: 503-231- 6291, fax: 503-872-2737, or email: [email protected]. SUPPLEMENTARY INFORMATION: Electronic Access This final rule is accessible via the internet at the Office of the Federal Register website at http://www.federalregister.gov. Background information and documents are available at the NMFS West Coast Region website at http://www.westcoast.fisheries.noaa.gov/fisheries/groundfish/index.html and at the Pacific Fishery Management Council's website at http://www.pcouncil.org. Background Since 2004, NMFS has restricted Oregon recreational groundfish fisheries to shallow depths (<20-40 fm) during peak effort to reduce interactions with [[Page 13429]] deeper water species, especially yelloweye rockfish. The recreational groundfish fisheries are an important part of the local economy and social fabric in Oregon's coastal communities. From 2011-2015, anglers fished an average of 84,000 recreational groundfish trips per year in the Federal waters off of the Oregon coast, representing about 44 percent of the total Oregon recreational fishery effort during this period. The implementation of deep-water rockfish closures in 2004 left several Oregon ports without any viable groundfish fishing opportunities. To increase recreational fishing opportunities in these ports and relieve pressure from nearshore reefs, NMFS issued exempted fishing permits (EFPs) to the Oregon Recreational Fishing Alliance and Oregon Department of Fish and Wildlife (ODFW) from 2009-2011 to test the viability of long-leader gear. The long-leader gear tested under this EFP test fishing program and authorized for use by this rule has one line with no more than three hooks, a sinker at the bottom, at least 30 feet (9.14 m) between the sinker and the lowest hook, and a non- compressible float above the hooks. This gear limits interaction with deeper water groundfish species that inhabit areas close to the seafloor by suspending the hooks well above the seafloor. In 2005, based in part on favorable EFP test fishing results using midwater long-leader gear on Oregon sport charter fishing vessels, the Council requested that NMFS implement regulations authorizing a midwater long- leader fishery in the Federal waters off the Oregon coast. This final rule authorizes midwater long-leader recreational groundfish fishing seaward of a line approximating the 40 fathom depth curve exclusively off the coast of Oregon (42[deg]00' North latitude [N lat.] to 46[deg]18' N lat.) from April 1 to September 30. NMFS expects this gear configuration will allow recreational anglers to target abundant and healthy midwater species while avoiding or minimizing interactions with overfished rockfish species. When deploying this gear, anglers are authorized to use artificial lures or flies less than or equal to 5 inches (12.7 cm) in length. However, anglers may not use natural bait, or lures or flies greater than 5 inches (12.7 cm) in length, as was the case under the terms and conditions of the EFP. This final rule retains this prohibition on live bait, which was originally part of the EFP test fishing program to limit impacts to canary rockfish that were overfished at that time, because canary has only recently been declared rebuilt and it is prudent to take actions that are precautionary and limit initial impacts on newly rebuilt species. If desired, NMFS and the Council could work towards removing the prohibition in the future. Under the action, anglers are also prohibited from possessing lingcod. All other existing state and Federal groundfish regulations, such as bag limits and rockfish conservation areas, remain in effect. ODFW will monitor this fishery through its existing Ocean Recreational Boat Survey. The Council approved language in the definition of long- leader gear that included a prohibition on ``large lures.'' However, the Council did not define this term. After consultation with ODFW, this final rule defines ``large lure'' as over five inches in length. This definition is based on industry standard lure sizes commonly used in the recreational fishery. Comments and Responses NMFS published a proposed rule for this action on December 12, 2017 (82 FR 60170). We received 67 comments on the proposed rule. We received public comments from 3 recreational fishing organizations, 2 boat owners, 6 charter operators, 1 tackle shop, 3 EFP participants, 32 recreational anglers, and 17 private citizens. These comments are discussed below. Comment 1: All responsive comments supported creation of the midwater long-leader recreational fishery. Response: NMFS agrees, and through this rule is promulgating regulations to allow recreational anglers to use midwater long-leader gear seaward of a line approximating the 40 fathom depth curve exclusively off the coast of Oregon (42[deg]00' N lat. to 46[deg]18' N lat.) from April 1 to September 30. Comment 2: NMFS received five comments on the proposed gear configuration. Two recreational fishermen and one EFP participant commented in support of the gear as proposed. One charter operator proposed changes that would make the gear less likely to tangle. One recreational angler asked that the regulations exempt small vessels such as kayaks from the long-leader gear requirements while participating in the fishery. Response: When the Council was developing this action, Council members discussed the need to develop regulations that reflect the same, or as similar as possible to, the gear configurations used in the EFP to test this fishery. The purpose of this was to ensure that impacts from this fishery would be similar to what occurred under the EFP. Because NMFS did not exempt small vessels, such as kayaks, from the EFP, or test the proposed changes suggested by the commentor in the EFP, it is difficult for NMFS to accurately predict the impacts associated with these suggestions. Therefore, NMFS will not remove or alter the required long-leader gear configuration, or allow exemptions for small vessels such as kayaks, without further Council discussion and consideration of these changes. Comment 3: NMFS received sixteen comments on the proposed prohibition on natural bait. One charter operator, two EFP participants, and one recreational angler commented in support of the bait prohibition, stating that bait was unnecessary to produce good catches. One boat owner, one recreational fishing organizations, one tackle shop, one charter operator, seven recreational anglers, and one private citizen commented in opposition to the natural bait prohibition. Of these, one charter operator and one recreational angler commented that natural bait was prohibited during the EFP test fishing to avoid bycatch of canary rockfish. Because the canary rockfish stock is rebuilt, and can now be retained, they commented that the bait prohibition is no longer necessary. Response: As noted above in the background section, NMFS will not remove the prohibition on the use of live bait for this fishery at this time. The prohibition on the use of live bait was included in the terms and conditions of the EFPs used to test this fishery as a means to protect the overfished canary rockfish by reducing interactions with the canary rockfish. Since then, canary rockfish has been declared rebuilt. However, NMFS is maintaining the prohibition because NMFS does not know the impacts to canary rockfish that could occur if this prohibition were removed. Those impacts were not tested or evaluated in the EFP test fishing and associated analysis. Additionally, because canary rockfish has only recently been rebuilt, NMFS believes it is important to take a precautionary approach in developing fisheries that could impact this newly rebuilt species. However, starting that discussion with the Council now would interfere with NMFS's goal to have this rule in place for the 2018 fishing season. April 1 is the start of the fishing season, ensuring that this rule is effective on April 1 will allow fishermen to access areas previously subject to depth restrictions for the entire season. If desired, NMFS and the Council could choose to work towards removing the prohibition in the future. [[Page 13430]] Changes From the Proposed Rule We adjusted the proposed rule's regulatory text defining lure size to make it clearer and to assist in enforcement. The text ``not to exceed 5 inches in length'' was changed to ``less than or equal to 5 inches in length.'' Classification Pursuant to section 304(b)(1)(A) of the Magnuson-Stevens Fishery Conservation and Management Act, 16 U.S.C. 1854(b)(1)(A), the NMFS Assistant Administrator has determined that this final rule is consistent with the Pacific Coast Groundfish Fishery Management Plan, other provisions of the Magnuson-Stevens Act, and other applicable law. This final rule has been determined to be not significant for purposes of Executive Order (E.O.) 12866. This final rule does not contain policies with federalism or ``takings'' implications as those terms are defined in E.O. 13132 and E.O. 12630, respectively. Because this rule relieves a restriction, it is not subject to the 30-day delayed effectiveness provision of the Administrative Procedure Act (5 U.S.C. 553(d)(1)). This final rule allows recreational anglers to target groundfish using midwater long-leader gear, from April 1 to September 30, in waters seaward of a boundary line approximating the 40 fathoms depth contour off the coast of Oregon. These months were previously subject to depth restrictions. Therefore, NMFS is setting the effective date for this rule as April 1, 2018, to match the start of the fishing season and allow recreational anglers the opportunity to use long-leader gear for the duration of the 2018 fishing season. Final Regulatory Flexibility Analysis Section 604 of the Regulatory Flexibility Act (RFA), 5 U.S.C. 604, requires federal agencies to prepare a final regulatory flexibility analysis (FRFA) for each final rule. A FRFA was prepared and incorporates the Initial Regulatory Flexibility Analysis (IRFA) and includes a summary of the analyses completed to support the action are included below. A statement of the need for, and the objectives of, this action is contained in the proposed rule and the preamble to this final rule, and is not repeated here. NMFS also prepared a Regulatory Impact Review (RIR) for this action. A copy of the RIR/FRFA is available from NMFS (see the Electronic Access section of this preamble). A summary of the FRFA, per the requirements of RFA section 604 follows. Significant Issues Raised by the Public in Response to the IRFA, and a Statement of Any Changes Made in the Final Rule as a Result of Such Comments There were no issues raised about the IRFA in the public comments; therefore no changes were made with regard to issues discussed in the IRFA. Description and Estimate of the Number of Small Entities To Which the Rule Applies For RFA purposes only, NMFS has established a small business size standard for businesses, including their affiliates, whose primary industry is commercial fishing (see 50 CFR 200.2). A business primarily engaged in commercial fishing (NAICS code 11411) is classified as a small business if it is independently owned and operated, is not dominant in its field of operation (including its affiliates), and has combined annual receipts not in excess of $11 million for all its affiliated operations worldwide. The SBA defines a small business as one that is:Independently owned and operated; Not dominant in its field of operation; Has annual receipts that do not exceed-- [cir] $20.5 million in the case of commercial finfish harvesting entities (NAIC \1\ 114111) --------------------------------------------------------------------------- \1\ The North American Industry Classification System (NAICS) is the standard used by Federal statistical agencies in classifying business establishments for the purpose of collecting, analyzing, and publishing statistical data related to the U.S. business economy. --------------------------------------------------------------------------- [cir] $5.5 million in the case of commercial shellfish harvesting entities (NAIC 114112) [cir] $7.5 million in the case of for-hire fishing entities (NAIC 114119); or Has fewer than-- [cir] 750 employees in the case of fish processors; or [cir] 100 employees in the case of fish dealers. This final rule impacts recreational fish harvesting entities engaged in the Pacific Coast groundfish fishery. An estimated 104 recreational charter entities targeted groundfish in Oregon in 2014. Each of these vessels had an estimated average revenue of $35,743 from groundfish, from a total annual average revenue of $116,453, with other significant revenue earned in the salmon, tuna/albacore, and shellfish fisheries. In 2015 there were 106,504 angler trips in the Oregon recreational groundfish fisheries. This accounted for $14,225,329 in trip-related expenses (excludes durable goods) and 327 jobs in the state of Oregon. Many charter operations in Oregon earn a majority of their revenue from salmon fishing, however given the natural variability of the salmon fishery year to year, there is a potential for more commercial charter operations to turn to groundfish if the salmon fishery declines. Description of the Projected Reporting, Recordkeeping, and Other Compliance Requirements There are no new reporting and recordkeeping requirements associated with this rule. Description of the Steps the Agency Has Taken To Minimize the Significant Economic Impact on Small Entities Consistent With the Stated Objectives of Applicable Statutes The economic impact of the measures in this rule are discussed in section 3.4 of the final Environmental Assessment (EA) (see the Electronic Access section of this preamble) and are not repeated here. This rule is expected to give recreational charter entities in Oregon increased flexibility to pursue groundfish fishing opportunities, which is expected to provide positive economic impacts. The rule does not limit any existing activity or impose any mandatory new costs on the fleet, so the overall benefit to small entities is expected to be slightly positive, as some or most vessels may not choose to participate in the midwater fishery due to increased fuel costs from the distance required to travel, and because of midwater gear requirements. The EA analyzed three alternatives in addition to a no action alternative. The preferred alternative (Alternative 1) allows private and charter recreational vessels use long-leader gear seaward of the 40 fm depth curve from April to September. The other two alternatives would have allowed the same vessels to use long-leader gear seaward of the 40 fm depth curve from July to September (Alternative 2) or in the month of August (Alternative 3). All of the action alternatives are expected to result in minor beneficial economic impacts, with the preferred alternative providing the largest window of time for the recreational harvest to occur, and thus providing the greatest likely economic benefits. As all of the alternatives would provide positive benefits, there were no alternatives rejected that would have mitigated adverse effects on small entities. [[Page 13431]] Small Entity Compliance Guide Section 212 of the Small Business Regulatory Enforcement Fairness Act of 1996 states that, for each rule or group of related rules for which an agency is required to prepare a FRFA, the agency shall publish one or more guides to assist small entities in complying with the rule, and shall designate such publications as ``small entity compliance guides.'' The agency shall explain the actions a small entity is required to take to comply with a rule or group of rules. As part of this rulemaking process, NMFS will send a small entity compliance guide to interested parties via the groundfish email list server. In addition, copies of this final rule and guides (i.e., information bulletins) are available from NMFS at the following website: http:// www.westcoast.fisheries.noaa.gov/. List of Subjects in 50 CFR Part 660 Fisheries, Fishing, and Reporting and recordkeeping requirements. Dated: March 23, 2018. Samuel D. Rauch III, Deputy Assistant Administrator for Regulatory Programs, 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. In Sec. 660.351, add in alphabetical order the definition of ``long-leader gear'' as follows: Sec. 660.351 Recreational fishery--definitions. * * * * * Long-leader gear (also known as Holloway gear) means fishing gear with the following: One fishing line, deployed with a sinker and no more than three hooks, with a minimum of 30 feet (9.14 meters) between the sinker and the lowest hook, and a non-compressible float attached to the line above the hooks. The gear may be equipped with artificial lures and flies less than or equal to 5 inches in length. Natural bait, and lures or flies greater than 5 inches in length, may not be used. * * * * * 0 3. In Sec. 660.360, paragraphs (c)(2)(i)(B) and (c)(2)(iii)(B) are revised to read as follows: Sec. 660.360 Recreational fishery--management measures. * * * * * (c) * * * (2) * * * (i) * * * (B) Recreational rockfish conservation area (RCA). Fishing for groundfish with recreational gear is prohibited within the recreational RCA, a type of closed area or groundfish conservation area. It is unlawful to take and retain, possess, or land groundfish taken with recreational gear within the recreational RCA. A vessel fishing in the recreational RCA may not be in possession of any groundfish. [For example, if a vessel fishes in the recreational salmon fishery within the RCA, the vessel cannot be in possession of groundfish while within the RCA. The vessel may, however, on the same trip fish for and retain groundfish shoreward of the RCA on the return trip to port.] Off Oregon, from April 1 through September 30, recreational fishing for groundfish is prohibited seaward of a recreational RCA boundary line approximating the 40 fm (73 m) depth contour, except that fishing for flatfish (other than Pacific halibut) is allowed seaward of the 40 fm (73 m) depth contour when recreational fishing for groundfish is permitted, and fishing with long-leader gear (as defined in Sec. 660.351) is allowed seaward of the 40 fm (73 m) depth contour (i.e., within the RCA) from April 1 through September 30. Coordinates for the boundary line approximating the 40 fm (73 m) depth contour are listed at Sec. 660.71. * * * * * (iii) * * * (B) Lingcod. There is a 3 fish limit per day for lingcod from January 1 through December 31. The minimum size for lingcod retained in the Oregon recreational fishery is 22 in (56 cm) total length. For vessels using long-leader gear (as defined in Sec. 660.351) and fishing inside the recreational RCA, possession of lingcod is prohibited. * * * * * [FR Doc. 2018-06316 Filed 3-28-18; 8:45 am] BILLING CODE 3510-22-P
![13428 Federal Register / Vol. 83, No. 61 / Thursday, March 29, 2018 / Rules and Regulations
Classification ■ 3. In § 622.34, revise paragraph (c) to DEPARTMENT OF COMMERCE
The Regional Administrator for the read as follows:
National Oceanic and Atmospheric
NMFS Southeast Region has determined § 622.34 Seasonal and area closures Administration
that this final rule is consistent with the designed to protect Gulf reef fish.
framework action, the FMP, the
* * * * * 50 CFR Part 660
Magnuson-Stevens Act, and other
applicable law. (c) Seasonal closure of the [Docket No. 161024999–8248–02]
This final rule has been determined to recreational sector for greater
RIN 0648–BG40
be not significant for purposes of amberjack. The recreational sector for
Executive Order 12866. greater amberjack in or from the Gulf Fisheries Off West Coast States;
The Magnuson-Stevens Act provides EEZ is closed from January 1 through Pacific Coast Groundfish Fishery
the statutory basis for this final rule. No April 30, June 1 through July 31, and Management Plan; Authorization of an
duplicative, overlapping, or conflicting November 1 through December 31, each Oregon Recreational Fishery for
Federal rules have been identified. In year. During the closure, the bag and Midwater Groundfish Species
addition, no new reporting, record- possession limit for greater amberjack in
keeping, or other compliance AGENCY: National Marine Fisheries
or from the Gulf EEZ is zero.
requirements are introduced by this Service (NMFS), National Oceanic and
* * * * * Atmospheric Administration (NOAA),
final rule.
The Chief Counsel for Regulation of ■ 4. In § 622.39, revise paragraph Commerce.
the Department of Commerce certified (a)(2)(ii) to read as follows: ACTION: Final rule.
to the Chief Counsel for Advocacy of the
§ 622.39 Quotas. SUMMARY: This final rule authorizes the
Small Business Administration (SBA)
* * * * * use of midwater long-leader gear for
during the proposed rule stage that this
recreational fishing in waters seaward of
rule, if adopted, would not have a (a) * * * a boundary line approximating the 40
significant economic impact on a
(2) * * * fathoms depth contour off the coast of
substantial number of small entities.
(ii) Recreational quota for greater Oregon. Both charter and private vessels
The factual basis for this determination
amberjack. (A) For the 2017–2018 are authorized to use midwater long-
was published in the proposed rule and
leader gear seaward of the 40 fathom
is not repeated here. No comments from fishing year—716,173 lb (324,851 kg).
seasonal depth closure, while being
the public or the SBA’s Chief Counsel (B) For the 2018–2019 fishing year— monitored with the existing Oregon
for Advocacy were received regarding 902,185 lb (409,224 kg). Ocean Recreational Boat Sampling
the certification, and NMFS has not
(C) For the 2019–2020 fishing year (ORBS) program. The use of midwater
received any new information that
and subsequent fishing years— long-leader gear is intended to limit
would affect its determination. As a
1,086,985 lb (493,048 kg). bycatch of overfished and rebuilding
result, a final regulatory flexibility
rockfish species, such as bottom-
analysis is not required and none has * * * * *
dwelling yelloweye rockfish, while still
been prepared.
■ 5. In § 622.41, revise paragraph allowing for the catch of abundant
List of Subjects in 50 CFR Part 622 (a)(2)(iii) to read as follows: midwater species such as yellowtail and
Fisheries, Fishing, Greater amberjack, widow rockfish. The season will occur
§ 622.41 Annual catch limits (ACLs), between April and September, months
Gulf, Recreational, Reef fish. annual catch targets (ACTs), and currently subject to depth restrictions.
Dated: March 23, 2018. accountability measures (AMs).
DATES: Effective April 1, 2018.
Samuel D. Rauch III, (a) * * * FOR FURTHER INFORMATION CONTACT:
Deputy Assistant Administrator for Christopher Biegel, phone: 503–231–
Regulatory Programs, National Marine (2) * * *
6291, fax: 503–872–2737, or email:
Fisheries Service. (iii) The applicable recreational ACL
Christopher.biegel@noaa.gov.
For the reasons set out in the for greater amberjack, in round weight,
SUPPLEMENTARY INFORMATION:
preamble, 50 CFR part 622 is amended is 862,860 lb (391,387 kg) for the 2017–
as follows: 2018 fishing year, 1,086,970 lb (493,041 Electronic Access
kg) for the 2018–2019 fishing year, and This final rule is accessible via the
PART 622—FISHERIES OF THE 1,309,620 lb (594,034 kg) for 2019–2020 internet at the Office of the Federal
CARIBBEAN, GULF OF MEXICO, AND fishing year and subsequent fishing Register website at http://
SOUTH ATLANTIC years. www.federalregister.gov. Background
■ 1. The authority citation for part 622 * * * * * information and documents are
continues to read as follows: [FR Doc. 2018–06317 Filed 3–28–18; 8:45 am] available at the NMFS West Coast
BILLING CODE 3510–22–P Region website at http://
Authority: 16 U.S.C. 1801 et seq. www.westcoast.fisheries.noaa.gov/
■ 2. In § 622.7, add paragraph (h) to read fisheries/groundfish/index.html and at
as follows: the Pacific Fishery Management
Council’s website at http://
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§ 622.7 Fishing years. www.pcouncil.org.
* * * * *
(h) Gulf of Mexico greater amberjack Background
recreational sector—August 1 through Since 2004, NMFS has restricted
July 31. (Note: The fishing year for the Oregon recreational groundfish fisheries
commercial sector for greater amberjack to shallow depths (<20–40 fm) during
is January 1 through December 31). peak effort to reduce interactions with
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deeper water species, especially and limit initial impacts on newly from the EFP, or test the proposed
yelloweye rockfish. The recreational rebuilt species. If desired, NMFS and changes suggested by the commentor in
groundfish fisheries are an important the Council could work towards the EFP, it is difficult for NMFS to
part of the local economy and social removing the prohibition in the future. accurately predict the impacts
fabric in Oregon’s coastal communities. Under the action, anglers are also associated with these suggestions.
From 2011–2015, anglers fished an prohibited from possessing lingcod. All Therefore, NMFS will not remove or
average of 84,000 recreational other existing state and Federal alter the required long-leader gear
groundfish trips per year in the Federal groundfish regulations, such as bag configuration, or allow exemptions for
waters off of the Oregon coast, limits and rockfish conservation areas, small vessels such as kayaks, without
representing about 44 percent of the remain in effect. ODFW will monitor further Council discussion and
total Oregon recreational fishery effort this fishery through its existing Ocean consideration of these changes.
during this period. The implementation Recreational Boat Survey. The Council
approved language in the definition of Comment 3: NMFS received sixteen
of deep-water rockfish closures in 2004
left several Oregon ports without any long-leader gear that included a comments on the proposed prohibition
viable groundfish fishing opportunities. prohibition on ‘‘large lures.’’ However, on natural bait. One charter operator,
To increase recreational fishing the Council did not define this term. two EFP participants, and one
opportunities in these ports and relieve After consultation with ODFW, this recreational angler commented in
pressure from nearshore reefs, NMFS final rule defines ‘‘large lure’’ as over support of the bait prohibition, stating
issued exempted fishing permits (EFPs) five inches in length. This definition is that bait was unnecessary to produce
to the Oregon Recreational Fishing based on industry standard lure sizes good catches. One boat owner, one
Alliance and Oregon Department of Fish commonly used in the recreational recreational fishing organizations, one
and Wildlife (ODFW) from 2009–2011 fishery. tackle shop, one charter operator, seven
to test the viability of long-leader gear. recreational anglers, and one private
Comments and Responses citizen commented in opposition to the
The long-leader gear tested under this
EFP test fishing program and authorized NMFS published a proposed rule for natural bait prohibition. Of these, one
for use by this rule has one line with no this action on December 12, 2017 (82 FR charter operator and one recreational
more than three hooks, a sinker at the 60170). We received 67 comments on angler commented that natural bait was
bottom, at least 30 feet (9.14 m) between the proposed rule. We received public prohibited during the EFP test fishing to
the sinker and the lowest hook, and a comments from 3 recreational fishing avoid bycatch of canary rockfish.
non-compressible float above the hooks. organizations, 2 boat owners, 6 charter Because the canary rockfish stock is
This gear limits interaction with deeper operators, 1 tackle shop, 3 EFP rebuilt, and can now be retained, they
water groundfish species that inhabit participants, 32 recreational anglers, commented that the bait prohibition is
areas close to the seafloor by suspending and 17 private citizens. These no longer necessary.
the hooks well above the seafloor. In comments are discussed below. Response: As noted above in the
2005, based in part on favorable EFP test Comment 1: All responsive comments
background section, NMFS will not
fishing results using midwater long- supported creation of the midwater
remove the prohibition on the use of
leader gear on Oregon sport charter long-leader recreational fishery.
Response: NMFS agrees, and through live bait for this fishery at this time. The
fishing vessels, the Council requested prohibition on the use of live bait was
that NMFS implement regulations this rule is promulgating regulations to
allow recreational anglers to use included in the terms and conditions of
authorizing a midwater long-leader the EFPs used to test this fishery as a
fishery in the Federal waters off the midwater long-leader gear seaward of a
line approximating the 40 fathom depth means to protect the overfished canary
Oregon coast.
This final rule authorizes midwater curve exclusively off the coast of Oregon rockfish by reducing interactions with
long-leader recreational groundfish (42°00′ N lat. to 46°18′ N lat.) from April the canary rockfish. Since then, canary
fishing seaward of a line approximating 1 to September 30. rockfish has been declared rebuilt.
the 40 fathom depth curve exclusively Comment 2: NMFS received five However, NMFS is maintaining the
off the coast of Oregon (42°00′ North comments on the proposed gear prohibition because NMFS does not
latitude [N lat.] to 46°18′ N lat.) from configuration. Two recreational know the impacts to canary rockfish
April 1 to September 30. NMFS expects fishermen and one EFP participant that could occur if this prohibition were
this gear configuration will allow commented in support of the gear as removed. Those impacts were not tested
recreational anglers to target abundant proposed. One charter operator or evaluated in the EFP test fishing and
and healthy midwater species while proposed changes that would make the associated analysis. Additionally,
avoiding or minimizing interactions gear less likely to tangle. One because canary rockfish has only
with overfished rockfish species. When recreational angler asked that the recently been rebuilt, NMFS believes it
deploying this gear, anglers are regulations exempt small vessels such is important to take a precautionary
authorized to use artificial lures or flies as kayaks from the long-leader gear approach in developing fisheries that
less than or equal to 5 inches (12.7 cm) requirements while participating in the could impact this newly rebuilt species.
in length. However, anglers may not use fishery. However, starting that discussion with
natural bait, or lures or flies greater than Response: When the Council was the Council now would interfere with
5 inches (12.7 cm) in length, as was the developing this action, Council NMFS’s goal to have this rule in place
case under the terms and conditions of members discussed the need to develop for the 2018 fishing season. April 1 is
the EFP. This final rule retains this regulations that reflect the same, or as the start of the fishing season, ensuring
rmajette on DSKBCKNHB2PROD with RULES
prohibition on live bait, which was similar as possible to, the gear that this rule is effective on April 1 will
originally part of the EFP test fishing configurations used in the EFP to test allow fishermen to access areas
program to limit impacts to canary this fishery. The purpose of this was to previously subject to depth restrictions
rockfish that were overfished at that ensure that impacts from this fishery for the entire season. If desired, NMFS
time, because canary has only recently would be similar to what occurred and the Council could choose to work
been declared rebuilt and it is prudent under the EFP. Because NMFS did not towards removing the prohibition in the
to take actions that are precautionary exempt small vessels, such as kayaks, future.
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Small Entity Compliance Guide § 660.360 Recreational fishery— DEPARTMENT OF COMMERCE
management measures.
Section 212 of the Small Business
* * * * * National Oceanic and Atmospheric
Regulatory Enforcement Fairness Act of
Administration
1996 states that, for each rule or group (c) * * *
of related rules for which an agency is (2) * * * 50 CFR Part 679
required to prepare a FRFA, the agency
shall publish one or more guides to (i) * * * [Docket No. 170817779–8161–02]
assist small entities in complying with (B) Recreational rockfish conservation RIN 0648–XG120
the rule, and shall designate such area (RCA). Fishing for groundfish with
publications as ‘‘small entity recreational gear is prohibited within Fisheries of the Exclusive Economic
compliance guides.’’ The agency shall the recreational RCA, a type of closed Zone Off Alaska; Northern Rockfish in
explain the actions a small entity is area or groundfish conservation area. It the Bering Sea and Aleutian Islands
required to take to comply with a rule is unlawful to take and retain, possess, Management Area
or group of rules. As part of this or land groundfish taken with
rulemaking process, NMFS will send a AGENCY: National Marine Fisheries
recreational gear within the recreational Service (NMFS), National Oceanic and
small entity compliance guide to RCA. A vessel fishing in the recreational
interested parties via the groundfish Atmospheric Administration (NOAA),
RCA may not be in possession of any Commerce.
email list server. In addition, copies of groundfish. [For example, if a vessel
this final rule and guides (i.e., ACTION: Temporary rule; modification of
fishes in the recreational salmon fishery a closure.
information bulletins) are available from
within the RCA, the vessel cannot be in
NMFS at the following website: http://
possession of groundfish while within SUMMARY: NMFS is opening directed
www.westcoast.fisheries.noaa.gov/.
the RCA. The vessel may, however, on fishing for northern rockfish in the
List of Subjects in 50 CFR Part 660 the same trip fish for and retain Bering Sea and Aleutian Islands
Fisheries, Fishing, and Reporting and groundfish shoreward of the RCA on the Management Area (BSAI). This action is
recordkeeping requirements. return trip to port.] Off Oregon, from necessary to fully use the 2018 total
April 1 through September 30, allowable catch (TAC) of northern
Dated: March 23, 2018. rockfish in the BSAI.
recreational fishing for groundfish is
Samuel D. Rauch III, DATES: Effective 1200 hrs, Alaska local
prohibited seaward of a recreational
Deputy Assistant Administrator for time (A.l.t.), March 26, 2018, through
RCA boundary line approximating the
Regulatory Programs, National Marine 2400 hrs, A.l.t., December 31, 2018.
Fisheries Service. 40 fm (73 m) depth contour, except that
fishing for flatfish (other than Pacific Comments must be received at the
For the reasons set out in the following address no later than 4:30
halibut) is allowed seaward of the 40 fm
preamble, 50 CFR part 660 is amended p.m., A.l.t., April 10, 2018.
(73 m) depth contour when recreational
as follows: ADDRESSES: You may submit comments,
fishing for groundfish is permitted, and
fishing with long-leader gear (as defined identified by NOAA–NMFS–2017–0108,
PART 660—FISHERIES OFF WEST
in § 660.351) is allowed seaward of the by either of the following methods:
COAST STATES • Federal e-Rulemaking Portal. Go to:
40 fm (73 m) depth contour (i.e., within
■ 1. The authority citation for part 660 https://www.regulations.gov/
the RCA) from April 1 through
continues to read as follows: docket?D=NOAA-NMFS-2017-0108,
September 30. Coordinates for the
click the ‘‘Comment Now!’’ icon,
Authority: 16 U.S.C. 1801 et seq., 16 boundary line approximating the 40 fm
complete the required fields, and enter
U.S.C. 773 et seq., and 16 U.S.C. 7001 et seq. (73 m) depth contour are listed at or attach your comments.
■ 2. In § 660.351, add in alphabetical § 660.71. • Mail: Submit written comments to
order the definition of ‘‘long-leader * * * * * Glenn Merrill, Assistant Regional
gear’’ as follows: (iii) * * * Administrator, Sustainable Fisheries
Division, Alaska Region NMFS, Attn:
§ 660.351 Recreational fishery— (B) Lingcod. There is a 3 fish limit per Ellen Sebastian. Mail comments to P.O.
definitions. day for lingcod from January 1 through Box 21668, Juneau, AK 99802–1668.
* * * * * December 31. The minimum size for Instructions: Comments sent by any
Long-leader gear (also known as lingcod retained in the Oregon other method, to any other address or
Holloway gear) means fishing gear with recreational fishery is 22 in (56 cm) total individual, or received after the end of
the following: One fishing line, length. For vessels using long-leader the comment period, may not be
deployed with a sinker and no more gear (as defined in § 660.351) and considered by NMFS. All comments
than three hooks, with a minimum of 30 fishing inside the recreational RCA, received are a part of the public record
feet (9.14 meters) between the sinker possession of lingcod is prohibited. and will generally be posted for public
and the lowest hook, and a non- viewing on www.regulations.gov
* * * * *
compressible float attached to the line [FR Doc. 2018–06316 Filed 3–28–18; 8:45 am] without change. All personal identifying
above the hooks. The gear may be information (e.g., name, address),
BILLING CODE 3510–22–P
equipped with artificial lures and flies confidential business information, or
less than or equal to 5 inches in length. otherwise sensitive information
Natural bait, and lures or flies greater submitted voluntarily by the sender will
rmajette on DSKBCKNHB2PROD with RULES
than 5 inches in length, may not be be publicly accessible. NMFS will
used. accept anonymous comments (enter
* * * * * ‘‘N/A’’in the required fields if you wish
■ 3. In § 660.360, paragraphs (c)(2)(i)(B) to remain anonymous).
and (c)(2)(iii)(B) are revised to read as FOR FURTHER INFORMATION CONTACT:
follows: Steve Whitney, 907–586–7228.
VerDate Sep<11>2014 15:09 Mar 28, 2018 Jkt 244001 PO 00000 Frm 00057 Fmt 4700 Sfmt 4700 E:\FR\FM\29MRR1.SGM 29MRR1](https://thefederalregister.org/doc/83_FR_13489/page/4.svg)
Document Created: 2018-03-29 00:24:57
Document Modified: 2018-03-29 00:24:57
| 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. | |
| Dates | Effective April 1, 2018. | |
| Contact | Christopher Biegel, phone: 503-231- 6291, fax: 503-872-2737, or email: [email protected] | |
| FR Citation | 83 FR 13428 | |
| RIN Number | 0648-BG40 | |
| CFR Associated | Fisheries; Fishing and Reporting and Recordkeeping Requirements |
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