83 FR 16005 - Magnuson-Stevens Act Provisions; Fisheries Off West Coast States; Pacific Coast Groundfish Fishery; 2017-18 Biennial Specifications and Management Measures; Inseason Adjustments
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration Federal Register Volume 83, Issue 72 (April 13, 2018)
National Oceanic and Atmospheric Administration
Federal Register Volume 83, Issue 72 (April 13, 2018)
| Page Range | 16005-16008 | |
| FR Document | 2018-07710 |
[Federal Register Volume 83, Number 72 (Friday, April 13, 2018)] [Rules and Regulations] [Pages 16005-16008] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-07710] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 660 [Docket No. 160808696-7010-02] RIN 0648-BH86 Magnuson-Stevens Act Provisions; Fisheries Off West Coast States; Pacific Coast Groundfish Fishery; 2017-18 Biennial Specifications and Management Measures; Inseason Adjustments AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Final rule; inseason adjustments to biennial groundfish management measures. ----------------------------------------------------------------------- SUMMARY: This final rule announces inseason changes to management measures in the Pacific Coast groundfish fisheries. This action, which is authorized by the Pacific Coast Groundfish Fishery Management Plan, is intended to allow fisheries to access more abundant groundfish stocks while protecting overfished and depleted stocks. DATES: This final rule is effective April 13, 2018. FOR FURTHER INFORMATION CONTACT: Karen Palmigiano, phone: 206-526-4491, 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 website at https://www.federalregister.gov. Background information and documents are available at the Pacific Fishery Management Council's website at http://www.pcouncil.org/. Background The Pacific Coast Groundfish Fishery Management Plan (PCGFMP) and its implementing regulations at title 50 in the Code of Federal Regulations (CFR), part 660, subparts C through G, regulate fishing for over 90 species of groundfish [[Page 16006]] off the coasts of Washington, Oregon, and California. The Pacific Fishery Management Council (Council) develops biennial groundfish specifications and management measures. NMFS published the final rule to implement the 2017-18 specifications and management measures for most species of the Pacific coast groundfish fishery on February 7, 2017 (82 FR 9634). The Council, in coordination with Pacific Coast Treaty Indian Tribes and the States of Washington, Oregon, and California, recommended the following changes to current groundfish management measures at its March 8-14, 2018 meeting in Rohnert Park, California: (1) Increase the incidental halibut retention in the primary sablefish fishery, (2) increase the recreational sub-bag limit for canary rockfish and add a three flatfish limit through changes to Washington state recreational management measures, and (3) increase the recreational sub-limit for canary rockfish through changes to California recreational management measures. Increase Incidental Halibut Retention in the Limited Entry Fixed Gear Sablefish Primary Fishery Under the authority of the Northern Pacific Halibut Act of 1982, the Council developed a Catch Sharing Plan for the International Pacific Halibut Commission Regulatory Area 2A. The Catch Sharing Plan allocates the Area 2A annual total allowable catch (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 pounds (lb) (408 metric tons (mt)), the Catch Sharing Plan allows the limited entry fixed gear sablefish primary fishery an incidental retention limit for Pacific halibut north of Point Chehalis, WA (46[deg]53.30' North latitude [N. lat.]). On March 24, 2018, NMFS implemented a 2018 Area 2A TAC of 1,190,000 lb (540 mt)(83 FR 13080; March 26, 2018). Consistent with the provisions of the Catch Sharing Plan, the limited entry fixed gear sablefish primary fishery north of Pt. Chelais, WA has an incidental total catch limit of 50,000 lb (22.7 mt) for 2018. Current regulations at Sec. 660.231(b)(3)(iv) provide for halibut retention starting on April 1 with a landing ratio of 140 lb (64 kilograms (kg)) dressed weight of halibut, for every 1,000 lb (454 kg) dressed weight of sablefish landed, and up to an additional 2 halibut in excess of this ratio. These limits were based on the 2017 Pacific halibut retention limit of 70,000 lb (32 mt) and resulted in a catch of 35,866 lb (16 mt) of incidental halibut. At the March 2018 Council meeting, based on 2017 catch totals, the number of vessels fishing that participated, and the average number of trips taken, which constitutes the best available information, the Council recommended an increase from 140 lb (64 kg) to 160 lb (73 kg) dressed incidental Pacific halibut retention per 1,000 lb (454 kg) dressed sablefish. This increase would allow total catch of Pacific halibut to approach, but not exceed, the 2018 allocation for the sablefish primary fishery north of Pt. Chelais, WA (50,000 lb or 22.7 mt) and provide greater opportunity for industry to attain 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, the Council recommended and NMFS is revising incidental halibut retention regulations at Sec. 660.231(b)(3)(iv) to increase the catch ratio to ``160 lb dressed weight of halibut for every 1,000 lb dressed weight of sablefish landed and up to 2 additional halibut in excess of the 160 lb per 1,000 lb ratio per landing.'' Washington State Recreational Management Measures At the Council's March 2018 meeting, the Washington Department of Fish and Wildlife (WDFW) requested changes to their recreational groundfish regulations for the remainder of 2018. Specifically, WDFW proposed an increase to the canary rockfish sub-limit from one to two fish with retention allowed in all marine areas, and proposed to allow the retention of three flatfish in addition to the status quo aggregate daily groundfish limit of nine. Increase the Canary Rockfish Sub-Limit In June 2016, the Council recommended the Washington recreational groundfish seasons and regulations for the 2017 and 2018 fishing years. NMFS implemented the regulations through the 2017-18 harvest specifications and management measures, which permitted retention of up to one canary rockfish in Marine Areas 1 and 2 (Columbia River and south coast subareas) and prohibited canary rockfish retention in Marine Areas 3 and 4. Although the canary rockfish stock was declared rebuilt in 2017, retention had been prohibited in previous years due to poor stock condition. Because retention was previously prohibited, there has been uncertainty about angler behavior, including whether they would target canary rockfish. To address this uncertainty, the analysis for the existing landing limits assumed a high level of targeting to ensure management measures remained precautionary. The analysis projected that a two fish sub-limit in all management areas would result in between 66.1 mt and 137.1 mt of recreational canary rockfish landings, however this analysis did not consider the estimated results of the 2017 Washington recreational fishery. The 2017 final mortality estimate for canary rockfish in the Washington recreational fishery is 4.8 mt out of a 50 mt harvest guideline for 2017 and 2018. Because 2017 landings were much lower than expected, the Council updated the initial analysis to project landings for the 2018 fishing year. The updated analysis did not assume a high level of targeting because the final 2017 estimates suggests that anglers are not actively targeting canary rockfish. The updated analysis projected canary rockfish mortality to be 5.67 mt under a one canary sub-limit and 6.22 mt under a two canary sub-limit. While the two canary rockfish limit does produce slightly higher impacts to canary rockfish than the one canary sub-limit, a difference of about 0.6 mt, the overall projected impacts of either the one- or two-fish limit are well below the 2018 harvest guideline of 50 mt. Therefore, the Council recommended, and NMFS is amending the regulations at Sec. 660.360(c)(1) to increase in the limit in the Washington recreational fishery from one to two canary rockfish for all marine areas. Three Flatfish Limit In March 2017, the Council recommended that NMFS reduce the aggregate groundfish limit from 12 to 9 fish per angler per day, and the daily rockfish sub-limit from 10 to 7 fish per angler per day, resulting in a 7 rockfish sub-limit with two additional groundfish allowed to be kept for a total of 9 fish. The rockfish sub-limit was reduced in response to lower harvest levels in 2017 and 2018, but the aggregate groundfish limit was kept at two fish above the rockfish sub- limit to minimize rockfish bycatch associated with anglers targeting other groundfish, such as lingcod. At the time, Washington did not request excluding flatfish from the aggregate groundfish [[Page 16007]] limit. Since last year, when these limits went into effect stakeholders that target flatfish reported to WDFW that they have been negatively affected by the reduction in the aggregate limit, which was not the original intent of that reduction. In response to stakeholder input, WDFW proposed a flatfish limit of three fish per angler per day, which would be in addition to the overall aggregate groundfish limit. The groundfish aggregate limit would remain at nine fish, and the sub-limits for all species, aside from canary rockfish, would all remain unchanged. This change to include a separate flatfish limit of three fish has no impact on the rockfish population given that flatfish prefer soft sand or muddy bottom, which is not the preferred habitat of rockfish. Additionally, flatfish retention would still only be allowed under current open season dates and status quo depth restrictions. Projected impacts to flatfish are expected to be similar to final estimates in 2016 before the aggregate limit was reduced. Therefore, the Council recommended, and NMFS is amending the regulations at Sec. 660.360(c)(1) to implement a three flatfish limit, not to be counted against the aggregate groundfish limit of nine fish, for the 2018 Washington recreational fishing year. California Recreational Management Measures Similar to the canary rockfish limit off Washington, the Council analyzed the current canary rockfish sub-limit in California in the 2017-18 harvest specifications and management measures. During that process, California Department of Fish and Wildlife (CDFW) evaluated a range of sub-bag limits (one to five) for canary rockfish given the stock had recently been declared rebuilt. Much like WDFW, CDFW expressed a need for caution in determining the initial sub-bag limit for canary rockfish due to uncertainty about targeting this newly rebuilt species. Therefore, NMFS implemented a one fish sub-bag limit for California in 2017. The 2017 canary rockfish mortality in California was lower than expected. Preliminary estimates indicate canary rockfish mortality was 77.4 mt, or 57.3 percent of the California harvest guideline of 135 mt. Seasonal catch trends for canary were similar to other rockfish, with higher catches observed in the spring and summer months when weather is more favorable. Because of the low catch in the preliminary estimates for 2017, CDFW analyzed projected impacts under a two-fish sub-bag limit for 2018, taking into account the most recent fishery performance. Under the two-fish sub-bag limit, projected canary rockfish mortality would be 110.4 mt or 81.8 percent of the 2018 harvest guideline. Therefore, based on the new preliminary attainment information for 2017, the Council recommended and NMFS is amending the regulations at Sec. 660.360(c)(3) to increase the California recreational canary rockfish sub-bag limit from one fish to two fish. Classification This final rule makes routine inseason adjustments to groundfish fishery management measures, based on the best available information, consistent with the PCGFMP and its implementing regulations. This action is taken under the authority of 50 CFR 660.60(c) and is exempt from review under Executive Order 12866. The aggregate catch data used to support these regulatory actions is available for public inspection in person at the Office of the Administrator, West Coast Region, NMFS, during normal 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. The adjustments to management measures in this document affect commercial and recreational fisheries off the coasts of Washington, Oregon and California. No aspect of this action is controversial, and changes of this nature were anticipated in the biennial harvest specifications and management measures established through a notice and comment rulemaking for 2017-18 (82 FR 9634). Accordingly, for the reasons stated below, NMFS finds good cause to waive prior notice and comment. Increase Incidental Halibut Retention in the Limited Entry Fixed Gear Sablefish Primary Fishery The Pacific halibut catch limit for Area 2A is large enough in 2018 to provide for incidental halibut retention, per the Pacific halibut Catch Sharing Plan for Area 2A, in the limited entry fixed gear sablefish primary fishery north of Point Chehalis. Therefore, at its March 2018 meeting, the Council recommended an increase from 140 lb (64 kg) to 160 lb (73 kg) of dressed weight halibut per 1,000 lb (454 kg) of dressed weight sablefish. The Council recommended this increased limit be implemented by April 1, 2018, the start of the limited entry fixed gear sablefish primary fishery, or as soon as possible thereafter. Therefore, there was not sufficient time after that meeting to undergo proposed and final rulemaking before this action needs to be implemented to increase Pacific halibut harvest opportunity, to allow Pacific halibut to be retained throughout the limited entry fixed gear sablefish primary season, and to achieve attainment of incidental Pacific halibut quota in this fishery given the most recent Pacific halibut catch data and the Area 2A catch limit. Washington State Recreational Management Measures During its March 2018 meeting, the Council recommended an increase to the Washington recreational canary rockfish sub-limit from one fish to two fish in all marine areas. The 2017-18 harvest specifications and management measures implemented precautionary landing limits just as canary rockfish was declared rebuilt. The 2017 Washington recreational fishery catch data show that only 4.8 mt of the 50 mt harvest guideline was landed. Increasing the canary rockfish sub-limit should create additional opportunity to attain the harvest guideline in 2018. Additionally, WDFW proposed a three fish limit for flatfish that would not count towards the aggregate groundfish limit. WDFW received stakeholder input that the 2017 decrease in the aggregate rockfish limit has constrained anglers targeting flatfish. Excluding flatfish from the aggregate limit eases this constraint. Therefore, based on the new preliminary data, the input from stakeholders who target flatfish, and the need to provide additional economic opportunities to the recreational fleet while also potentially reducing discards, there was not sufficient time after the March meeting to undergo a full proposed and final rulemaking before this action needs to be in effect. Affording the time necessary for prior notice and opportunity for public comment would prevent NMFS from managing this recreational fishery using the best available science to increase harvesting opportunities of canary rockfish and flatfish, as required by the PCGFMP and applicable law. California State Recreational Management Measures During the March 2018 meeting, CDFW proposed an increase to their canary rockfish sub-bag limit. The 2017-18 harvest specifications and management measures implemented precautionary landing limits just as [[Page 16008]] canary rockfish was declared rebuilt. Preliminary data from CDFW shows that 2017 recreational canary rockfish catch was low in 2017. Increasing the canary rockfish sub-limit should create additional opportunity to attain the harvest guideline in 2018. There was not sufficient time after the March meeting to undergo proposed and final rulemaking before this action needs to be in effect. The California recreational fishery begins on April 15th. Affording NMFS the time necessary for prior notice and opportunity for the public to comment would prevent NMFS from managing the recreational fishery with the best available information to increase harvest opportunities for recreational anglers in California. NMFS also finds good cause to waive the 30-day delay in effectiveness pursuant to 5 U.S.C. 553(d)(1), so that this final rule may become effective April 13, 2018. This inseason action implements a number of increases to incidental and directed landing limits based on updated fishery information and new supporting analyses provided to the Council at its March 2018 meeting. Affording the time necessary for prior notice and opportunity for public comment reduces the time these increased landing limits are available to fishing vessels during the 2018 fishing year, and delays the use of the best available information in managing the fishery. List of Subjects in 50 CFR Part 660 Fisheries, Fishing, Indian fisheries. Dated: April 10, 2018. Jennifer M. Wallace, Acting 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: 160 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 160-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. * * * * * 0 3. In Sec. 660.360, revise paragraphs (c)(1) introductory text, (c)(1)(ii), and (c)(3)(ii)(B) 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. In addition to the groundfish bag limit of 9, there will be a flatfish limit of 3 fish, not to be counted towards the groundfish bag limit but in addition to it. 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. There is a 2 fish sub-bag limit per day for canary rockfish in all Marine Areas. Taking and retaining yelloweye rockfish is prohibited in all Marine areas. * * * * * (3) * * * (ii) * * * (B) Bag limits, hook limits. In times and areas when the recreational season for the RCG Complex is open, there is a limit of 2 hooks and 1 line when fishing for the RCG complex and lingcod. The bag limit is 10 RCG Complex fish per day coastwide. Retention of yelloweye rockfish, bronzespotted rockfish, and cowcod is prohibited. Within the 10 RCG Complex fish per day limit, no more than 3 may be black rockfish, no more than 3 may be cabezon, and no more than 2 may be canary rockfish. Multi-day limits are authorized by a valid permit issued by California and must not exceed the daily limit multiplied by the number of days in the fishing trip. * * * * * [FR Doc. 2018-07710 Filed 4-12-18; 8:45 am] BILLING CODE 3510-22-P
![Federal Register / Vol. 83, No. 72 / Friday, April 13, 2018 / Rules and Regulations 16005
agreement under which the Government reporting, recordkeeping, or other 237.7202 [Amended]
may acquire educational services. compliance requirements in this rule. ■ 2. Amend section 237.7202 by
DFARS 237.7202(a) prohibits the use of removing paragraph (a) and
IV. Executive Orders 12866 and 13563
ESAs as a contracting method for redesignating paragraph (b) as an
training in the legal profession, except Executive Orders (E.O.s) 12866 and undesignated paragraph.
when in connection with the detailing 13563 direct agencies to assess all costs [FR Doc. 2018–07735 Filed 4–12–18; 8:45 am]
of commissioned officers to law schools and benefits of available regulatory BILLING CODE 5001–06–P
under 10 U.S.C. 2004. alternatives and, if regulation is
The limitation at DFARS 237.7202(a) necessary, to select regulatory
was established at a time when legal approaches that maximize net benefits
DEPARTMENT OF COMMERCE
training was acquired only for the (including potential economic,
purpose of obtaining doctorate degrees environmental, public health and safety National Oceanic and Atmospheric
for military judge advocates. DoD’s need effects, distributive impacts, and Administration
for legal training has evolved since the equity). E.O. 13563 emphasizes the
implementation of the text at DFARS importance of quantifying both costs 50 CFR Part 660
237.7202(a). Since 10 U.S.C. 2004 and benefits, of reducing costs, of
contains no prohibition against harmonizing rules, and of promoting [Docket No. 160808696–7010–02]
acquiring other training in the legal flexibility. This is not a significant RIN 0648–BH86
profession, this rule amends the DFARS regulatory action and, therefore, was not
to delete the language at DFARS subject to review under section 6(b) of Magnuson-Stevens Act Provisions;
237.7202(a). Removal of this limitation E.O. 12866, Regulatory Planning and Fisheries Off West Coast States;
will allow DoD to make agreements that Review, dated September 30, 1993. This Pacific Coast Groundfish Fishery;
permit payment for masters of laws rule is not a major rule under 5 U.S.C. 2017–18 Biennial Specifications and
degrees and other legal training needs, 804. Management Measures; Inseason
in accordance with applicable law, Adjustments
V. Executive Order 13771
regulation, and policy.
AGENCY: National Marine Fisheries
II. Publication of This Final Rule for This rule is not subject to E.O. 13771, Service (NMFS), National Oceanic and
Public Comment Is Not Required by Reducing Regulation and Controlling Atmospheric Administration (NOAA),
Statute Regulatory Costs, because the rule Commerce.
relates to agency organization,
The statute that applies to the ACTION: Final rule; inseason adjustments
management, or personnel.
publication of the Federal Acquisition to biennial groundfish management
Regulation (FAR) is codified at Title 41 VI. Regulatory Flexibility Act measures.
of the United States Code (formerly Because a notice of proposed SUMMARY: This final rule announces
known as the Office of Federal rulemaking and an opportunity for inseason changes to management
Procurement Policy Act). Specifically, public comment are not required to be measures in the Pacific Coast groundfish
41 U.S.C. 1707(a)(1) requires that a given for this rule under 41 U.S.C. fisheries. This action, which is
procurement policy, regulation, 1707(a)(1) (see section II. of this rule), authorized by the Pacific Coast
procedure or form (including an the analytical requirements of the Groundfish Fishery Management Plan,
amendment or modification thereof) Regulatory Flexibility Act (5 U.S.C. 601 is intended to allow fisheries to access
must be published for public comment et seq.) are not applicable. Accordingly, more abundant groundfish stocks while
if it relates to the expenditure of no regulatory flexibility analysis is protecting overfished and depleted
appropriated funds, and has either a required and none has been prepared. stocks.
significant effect beyond the internal
operating procedures of the agency VII. Paperwork Reduction Act DATES: This final rule is effective April
issuing the policy, regulation, procedure 13, 2018.
or form, or has a significant cost or The rule does not contain any
FOR FURTHER INFORMATION CONTACT:
administrative impact on contractors or information collection requirements that
Karen Palmigiano, phone: 206–526–
offerors. This final rule is not required require the approval of the Office of
4491, fax: 206–526–6736, or email:
to be published for public comment, Management and Budget under the
karen.palmigiano@noaa.gov.
because it is simply allowing the Paperwork Reduction Act (44 U.S.C.
chapter 35). SUPPLEMENTARY INFORMATION:
contracting officer to use an ESA when
acquiring training in the legal List of Subjects in 48 CFR Part 237 Electronic Access
profession. Contracting officers can This rule is accessible via the internet
already use ESAs for the acquisition of Government procurement. at the Office of the Federal Register
training in any other profession. This Jennifer Lee Hawes, website at https://www.federalregister.
requirement affects only the internal Regulatory Control Officer Defense gov. Background information and
operating procedures of the Acquisition Regulations System. documents are available at the Pacific
Government. Fishery Management Council’s website
Therefore, 48 CFR part 237 is at http://www.pcouncil.org/.
III. Applicability to Contracts at or
amended as follows:
Below the Simplified Acquisition Background
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Threshold and for Commercial Items, PART 237—SERVICE CONTRACTING The Pacific Coast Groundfish Fishery
Including Commercially Available Off-
Management Plan (PCGFMP) and its
the-Shelf Items ■ 1. The authority citation for part 237 implementing regulations at title 50 in
This rule does not add any new continues to read as follows: the Code of Federal Regulations (CFR),
provisions or clauses or impact existing Authority: 41 U.S.C. 1303 and 48 CFR part 660, subparts C through G, regulate
provisions or clauses. There are no chapter 1. fishing for over 90 species of groundfish
VerDate Sep<11>2014 16:22 Apr 12, 2018 Jkt 244001 PO 00000 Frm 00061 Fmt 4700 Sfmt 4700 E:\FR\FM\13APR1.SGM 13APR1](https://thefederalregister.org/doc/83_FR_16077/page/1.svg)
![16006 Federal Register / Vol. 83, No. 72 / Friday, April 13, 2018 / Rules and Regulations
off the coasts of Washington, Oregon, 1,000 lb (454 kg) dressed weight of Areas 3 and 4. Although the canary
and California. The Pacific Fishery sablefish landed, and up to an rockfish stock was declared rebuilt in
Management Council (Council) additional 2 halibut in excess of this 2017, retention had been prohibited in
develops biennial groundfish ratio. These limits were based on the previous years due to poor stock
specifications and management 2017 Pacific halibut retention limit of condition. Because retention was
measures. NMFS published the final 70,000 lb (32 mt) and resulted in a catch previously prohibited, there has been
rule to implement the 2017–18 of 35,866 lb (16 mt) of incidental uncertainty about angler behavior,
specifications and management halibut. At the March 2018 Council including whether they would target
measures for most species of the Pacific meeting, based on 2017 catch totals, the canary rockfish. To address this
coast groundfish fishery on February 7, number of vessels fishing that uncertainty, the analysis for the existing
2017 (82 FR 9634). participated, and the average number of landing limits assumed a high level of
The Council, in coordination with trips taken, which constitutes the best targeting to ensure management
Pacific Coast Treaty Indian Tribes and available information, the Council measures remained precautionary. The
the States of Washington, Oregon, and recommended an increase from 140 lb analysis projected that a two fish sub-
California, recommended the following (64 kg) to 160 lb (73 kg) dressed limit in all management areas would
changes to current groundfish incidental Pacific halibut retention per result in between 66.1 mt and 137.1 mt
management measures at its March 8– 1,000 lb (454 kg) dressed sablefish. This of recreational canary rockfish landings,
14, 2018 meeting in Rohnert Park, increase would allow total catch of however this analysis did not consider
California: (1) Increase the incidental Pacific halibut to approach, but not the estimated results of the 2017
halibut retention in the primary exceed, the 2018 allocation for the Washington recreational fishery.
sablefish fishery, (2) increase the sablefish primary fishery north of Pt. The 2017 final mortality estimate for
recreational sub-bag limit for canary Chelais, WA (50,000 lb or 22.7 mt) and canary rockfish in the Washington
rockfish and add a three flatfish limit provide greater opportunity for industry recreational fishery is 4.8 mt out of a 50
through changes to Washington state to attain a higher percentage of the mt harvest guideline for 2017 and 2018.
recreational management measures, and sablefish primary fishery allocation. Because 2017 landings were much
(3) increase the recreational sub-limit This ratio can be adjusted through lower than expected, the Council
for canary rockfish through changes to routine inseason action based on updated the initial analysis to project
California recreational management participation and landings in the landings for the 2018 fishing year. The
measures. fishery, if warranted. updated analysis did not assume a high
In order to allow increased incidental level of targeting because the final 2017
Increase Incidental Halibut Retention
halibut catch in the sablefish primary estimates suggests that anglers are not
in the Limited Entry Fixed Gear
fishery, the Council recommended and actively targeting canary rockfish. The
Sablefish Primary Fishery
NMFS is revising incidental halibut updated analysis projected canary
Under the authority of the Northern retention regulations at rockfish mortality to be 5.67 mt under
Pacific Halibut Act of 1982, the Council § 660.231(b)(3)(iv) to increase the catch a one canary sub-limit and 6.22 mt
developed a Catch Sharing Plan for the ratio to ‘‘160 lb dressed weight of under a two canary sub-limit. While the
International Pacific Halibut halibut for every 1,000 lb dressed two canary rockfish limit does produce
Commission Regulatory Area 2A. The weight of sablefish landed and up to 2 slightly higher impacts to canary
Catch Sharing Plan allocates the Area additional halibut in excess of the 160 rockfish than the one canary sub-limit,
2A annual total allowable catch (TAC) lb per 1,000 lb ratio per landing.’’ a difference of about 0.6 mt, the overall
among fisheries off Washington, Oregon, projected impacts of either the one- or
and California. Pacific halibut is Washington State Recreational two-fish limit are well below the 2018
generally a prohibited species for Management Measures harvest guideline of 50 mt.
vessels fishing in Pacific coast At the Council’s March 2018 meeting, Therefore, the Council recommended,
groundfish fisheries, unless explicitly the Washington Department of Fish and and NMFS is amending the regulations
allowed in groundfish regulations and Wildlife (WDFW) requested changes to at § 660.360(c)(1) to increase in the limit
authorized by the Pacific halibut Catch their recreational groundfish regulations in the Washington recreational fishery
Sharing Plan. In years where the Pacific for the remainder of 2018. Specifically, from one to two canary rockfish for all
halibut TAC is above 900,000 pounds WDFW proposed an increase to the marine areas.
(lb) (408 metric tons (mt)), the Catch canary rockfish sub-limit from one to
Sharing Plan allows the limited entry Three Flatfish Limit
two fish with retention allowed in all
fixed gear sablefish primary fishery an marine areas, and proposed to allow the In March 2017, the Council
incidental retention limit for Pacific retention of three flatfish in addition to recommended that NMFS reduce the
halibut north of Point Chehalis, WA the status quo aggregate daily aggregate groundfish limit from 12 to 9
(46°53.30′ North latitude [N. lat.]). On groundfish limit of nine. fish per angler per day, and the daily
March 24, 2018, NMFS implemented a rockfish sub-limit from 10 to 7 fish per
2018 Area 2A TAC of 1,190,000 lb (540 Increase the Canary Rockfish Sub-Limit angler per day, resulting in a 7 rockfish
mt)(83 FR 13080; March 26, 2018). In June 2016, the Council sub-limit with two additional
Consistent with the provisions of the recommended the Washington groundfish allowed to be kept for a total
Catch Sharing Plan, the limited entry recreational groundfish seasons and of 9 fish. The rockfish sub-limit was
fixed gear sablefish primary fishery regulations for the 2017 and 2018 reduced in response to lower harvest
north of Pt. Chelais, WA has an fishing years. NMFS implemented the levels in 2017 and 2018, but the
regulations through the 2017–18 harvest aggregate groundfish limit was kept at
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incidental total catch limit of 50,000 lb
(22.7 mt) for 2018. specifications and management two fish above the rockfish sub-limit to
Current regulations at measures, which permitted retention of minimize rockfish bycatch associated
§ 660.231(b)(3)(iv) provide for halibut up to one canary rockfish in Marine with anglers targeting other groundfish,
retention starting on April 1 with a Areas 1 and 2 (Columbia River and such as lingcod. At the time,
landing ratio of 140 lb (64 kilograms south coast subareas) and prohibited Washington did not request excluding
(kg)) dressed weight of halibut, for every canary rockfish retention in Marine flatfish from the aggregate groundfish
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![16008 Federal Register / Vol. 83, No. 72 / Friday, April 13, 2018 / Rules and Regulations
canary rockfish was declared rebuilt. participate in the sablefish primary (B) Bag limits, hook limits. In times
Preliminary data from CDFW shows that fishery, licensed by the International and areas when the recreational season
2017 recreational canary rockfish catch Pacific Halibut Commission for for the RCG Complex is open, there is
was low in 2017. Increasing the canary commercial fishing in Area 2A (waters a limit of 2 hooks and 1 line when
rockfish sub-limit should create off Washington, Oregon, California), and fishing for the RCG complex and
additional opportunity to attain the fishing with longline gear north of Pt. lingcod. The bag limit is 10 RCG
harvest guideline in 2018. Chehalis, WA (46°53.30′ N lat.) may Complex fish per day coastwide.
There was not sufficient time after the possess and land up to the following Retention of yelloweye rockfish,
March meeting to undergo proposed and cumulative limits: 160 pounds (64 kg) bronzespotted rockfish, and cowcod is
final rulemaking before this action dressed weight of Pacific halibut for prohibited. Within the 10 RCG Complex
needs to be in effect. The California every 1,000 pounds (454 kg) dressed fish per day limit, no more than 3 may
recreational fishery begins on April weight of sablefish landed and up to 2 be black rockfish, no more than 3 may
15th. Affording NMFS the time additional Pacific halibut in excess of be cabezon, and no more than 2 may be
necessary for prior notice and the 160-pounds-per-1,000-pound ratio canary rockfish. Multi-day limits are
opportunity for the public to comment per landing. ‘‘Dressed’’ Pacific halibut authorized by a valid permit issued by
would prevent NMFS from managing in this area means halibut landed California and must not exceed the daily
the recreational fishery with the best eviscerated with their heads on. Pacific limit multiplied by the number of days
available information to increase harvest halibut taken and retained in the in the fishing trip.
opportunities for recreational anglers in sablefish primary fishery north of Pt. * * * * *
California. Chehalis may only be landed north of [FR Doc. 2018–07710 Filed 4–12–18; 8:45 am]
NMFS also finds good cause to waive Pt. Chehalis and may not be possessed BILLING CODE 3510–22–P
the 30-day delay in effectiveness or landed south of Pt. Chehalis.
pursuant to 5 U.S.C. 553(d)(1), so that * * * * *
this final rule may become effective ■ 3. In § 660.360, revise paragraphs DEPARTMENT OF COMMERCE
April 13, 2018. This inseason action (c)(1) introductory text, (c)(1)(ii), and
implements a number of increases to National Oceanic and Atmospheric
(c)(3)(ii)(B) to read as follows:
incidental and directed landing limits Administration
based on updated fishery information § 660.360 Recreational fishery—
and new supporting analyses provided management measures. 50 CFR Part 679
to the Council at its March 2018 * * * * * [Docket No. 170817779–8161–02]
meeting. Affording the time necessary (c) * * *
for prior notice and opportunity for (1) Washington. For each person RIN 0648–XG166
public comment reduces the time these engaged in recreational fishing off the
increased landing limits are available to coast of Washington, the groundfish bag Fisheries of the Exclusive Economic
fishing vessels during the 2018 fishing limit is 9 groundfish per day, including Zone Off Alaska; Pacific Cod by
year, and delays the use of the best rockfish, cabezon and lingcod. Within Catcher Vessels Less Than 60 Feet
available information in managing the the groundfish bag limit, there are sub- (18.3 Meters) Length Overall Using Jig
fishery. limits for rockfish, lingcod, and cabezon or Hook-and-Line Gear in the Bogoslof
outlined in paragraph (c)(1)(i)(D) of this Pacific Cod Exemption Area in the
List of Subjects in 50 CFR Part 660 Bering Sea and Aleutian Islands
section. In addition to the groundfish
Fisheries, Fishing, Indian fisheries. bag limit of 9, there will be a flatfish Management Area
Dated: April 10, 2018. limit of 3 fish, not to be counted AGENCY: National Marine Fisheries
Jennifer M. Wallace, towards the groundfish bag limit but in Service (NMFS), National Oceanic and
Acting Director, Office of Sustainable addition to it. The recreational Atmospheric Administration (NOAA),
Fisheries, National Marine Fisheries Service. groundfish fishery will open the second Commerce.
Saturday in March through the third ACTION: Temporary rule; closure.
For the reasons set out in the Saturday in October for all species in all
preamble, NMFS amends 50 CFR part areas except lingcod in Marine Area 4 SUMMARY: NMFS is prohibiting directed
660 as follows: as described in paragraph (c)(1)(iv) of fishing for Pacific cod by catcher vessels
this section. In the Pacific halibut less than 60 feet (18.3 meters (m)) length
PART 660—FISHERIES OFF WEST overall (LOA) using jig or hook-and-line
fisheries, retention of groundfish is
COAST STATES gear in the Bogoslof Pacific cod
governed in part by annual management
■ 1. The authority citation for part 660 measures for Pacific halibut fisheries, exemption area of the Bering Sea and
continues to read as follows: which are published in the Federal Aleutian Islands management area
Register. The following seasons, closed (BSAI). This action is necessary to
Authority: 16 U.S.C. 1801 et seq., 16 U.S.C. prevent exceeding the limit of Pacific
773 et seq., and 16 U.S.C. 7001 et seq.
areas, sub-limits and size limits apply:
* * * * * cod for catcher vessels less than 60 feet
■ 2. In § 660.231, revise paragraph (18.3 m) LOA using jig or hook-and-line
(ii) Rockfish. In areas of the EEZ
(b)(3)(iv) to read as follows: gear in the Bogoslof Pacific cod
seaward of Washington that are open to
§ 660.231 Limited entry fixed gear recreational groundfish fishing, there is exemption area in the BSAI.
sablefish primary fishery. a 7 rockfish per day bag limit. There is DATES: Effective 1200 hrs, Alaska local
a 2 fish sub-bag limit per day for canary time (A.l.t.), April 10, 2018, through
daltland on DSKBBV9HB2PROD with RULES
* * * * *
(b) * * * rockfish in all Marine Areas. Taking and 2400 hrs, A.l.t., December 31, 2018.
(3) * * * retaining yelloweye rockfish is FOR FURTHER INFORMATION CONTACT: Josh
(iv) Incidental Pacific halibut prohibited in all Marine areas. Keaton, 907–586–7228.
retention north of Pt. Chehalis, WA * * * * * SUPPLEMENTARY INFORMATION: NMFS
(46°53.30′ N lat.). From April 1 through (3) * * * manages the groundfish fishery in the
October 31, vessels authorized to (ii) * * * BSAI according to the Fishery
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Document Created: 2018-04-13 00:17:57
Document Modified: 2018-04-13 00:17:57
| 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; inseason adjustments to biennial groundfish management measures. | |
| Dates | This final rule is effective April 13, 2018. | |
| Contact | Karen Palmigiano, phone: 206-526-4491, fax: 206-526-6736, or email: [email protected] | |
| FR Citation | 83 FR 16005 | |
| RIN Number | 0648-BH86 | |
| CFR Associated | Fisheries; Fishing and Indian Fisheries |
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