83_FR_4873 83 FR 4850 - Magnuson-Stevens Act Provisions; Fisheries Off West Coast States; Pacific Coast Groundfish Fishery; 2017-18 Biennial Specifications and Management Measures; Inseason Adjustments

83 FR 4850 - 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 23 (February 2, 2018)

Page Range4850-4862
FR Document2018-02121

This final rule announces inseason changes to management measures in the Pacific Coast groundfish fisheries. This action, which is authorized by the Pacific Coast Groundfish Fishery Management Plan (PCGFMP), is intended to allow fisheries to access more abundant groundfish stocks while protecting overfished and depleted stocks.

Federal Register, Volume 83 Issue 23 (Friday, February 2, 2018) 
[Federal Register Volume 83, Number 23 (Friday, February 2, 2018)]
[Rules and Regulations]
[Pages 4850-4862]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-02121]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 660

[Docket No. 160808696-7010-02]
RIN 0648-BH47


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.

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SUMMARY: This final rule announces inseason changes to management 
measures in the Pacific Coast groundfish fisheries. This action, which 
is authorized by the Pacific Coast Groundfish Fishery Management Plan 
(PCGFMP), is intended to allow fisheries to access more abundant 
groundfish stocks while protecting overfished and depleted stocks.

DATES: This final rule is effective February 2, 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 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 off the coasts of Washington, 
Oregon, and California. Groundfish specifications and management 
measures are developed by the Pacific Fishery Management Council 
(Council), and are implemented by NMFS.
    The final rule to implement the 2017-18 harvest specifications and 
management measures for most species of the Pacific coast groundfish 
fishery was published 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 November 13-20, 2017, meeting: (1) Increasing the big 
skate trip limits for the shorebased individual fishing quota (IFQ) 
program, (2) decreasing the sablefish trip limits for limited entry 
fixed gear (LEFG) and open access (OA) daily trip limit (DTL) fisheries 
north of 36[deg] North Latitude (N lat.), and (3) increasing the 
lingcod trip limits for the LEFG and OA fisheries north of 40[deg]10' N 
lat.

Big Skate Trip Limits for the Shorebased IFQ Program

    At the November 2017 Council meeting, the Council's Groundfish 
Advisory Subpanel (GAP) recommended higher trip limits for big skate 
for the shorebased IFQ program in 2018. For 2017-18, the annual catch 
limit (ACL) was set at 494 metric tons (mt), the fishery harvest 
guideline (HG) was 437 mt, and the trawl allocation was 414.8 mt, which 
includes big skate caught by the at-sea fleet. Bi-monthly trip limits 
for 2017-18 were set at 5,000 pounds (lbs) (January-February), 25,000 
lbs (March-April), 30,000 lbs (May-June), 35,000 lbs (July-August), 
10,000 lbs (September-October), and 5,000 lbs (November-December).
    In November 2017, based on the partial catch data for 2017, the 
Groundfish Management Team (GMT) estimated that attainment of big skate 
in the IFQ fishery would be 88 percent for 2018, approximately 365 mt. 
Given that the projected attainment of big skate was approaching full 
attainment with status quo trip limits, the GMT modeled modest 
increases in trip limits for 2018 using the 2016 Groundfish Mortality 
Report data and 2017 catch data. The GMT's use of the additional 2017 
catch data changed the projected 2018 annual targets relative to the 
original annual targets that were used to set the 2017-18 big skate 
trip limits. The two trip limit alternatives modeled by the GMT would 
result in higher estimated attainments (94 and 98 percent) of big skate 
than the estimated 88 percent attainment under the status quo trip 
limits. In order to maximize opportunity for vessels and increase 
attainment, the Council recommended and NMFS is implementing, by 
modifying Tables 1 (North and South) to part 660, subpart D, the 
following trip limits for big skate in the IFQ program: Period 1, 5,000 
lbs, Period 2, 30,000 lbs, Period 3, 35,000 lbs, Period 4, 40,000 lbs, 
Period 5, 15,000 lbs, and Period 6, 5,000 lbs. These increased trip 
limits are expected to increase projected attainment of the big skate 
IFQ allocation to 98 percent in 2018.

LEFG and OA Sablefish DTL Fisheries North of 36[deg] N Lat.

    Sablefish are distributed coastwide with harvest specifications 
split north and south of 36[deg] N lat. Trip limits in the LEFG and OA 
DTL fisheries, for species such as sablefish, are intended to keep 
attainment of the non-trawl HG within the ACL. The trip limits for 
sablefish for 2017-18 were established through the final rule for the 
2017-18 harvest specifications (82 FR 9634) based on catch data through 
2015.
    Inseason catch data from 2017 suggested possible under-attainment 
of the sablefish non-trawl HG. During the September 2017 Council 
meeting, the GMT made model-based landings projections for the LEFG and 
OA sablefish DTL fisheries north of 36[deg] N lat. for the remainder of 
2017 to assist the Council in evaluating potential increases to 
sablefish trip limits. These projections used the most recent 
information available, including inseason catch data from 2017, and 
showed under-attainment of the 2017 sablefish non-trawl HG. Based on 
these projections, the LEFG and OA sablefish trip limits were raised 
through an inseason action on October 19, 2017 (82 FR 48656). The 2017 
trip limits established through the September inseason action for LEFG 
and OA sablefish remain in place for 2018 until changed.
    At the November 2017 Council meeting, the GMT updated the 
projections for the attainment of the sablefish HG for 2018 with data 
through October 31, 2017. These projections showed possible attainment 
of the sablefish allocation between 95.2 and 125.2 percent for the LEFG 
fishery, and

[[Page 4851]]

78.8 and 98.5 percent for the OA fishery. If the current trip limits 
remain in place there is a projected potential to exceed the sablefish 
HG, with attainment greater than one hundred percent in the LEFG 
fishery north of 36[deg] N and close to one hundred percent in the OA 
north fishery.
    To ensure harvest remains below the sablefish ACL, the Council 
elected to follow a precautionary approach at the outset of 2018, by 
recommending decreases to sablefish trip limits in LEFG and OA 
sablefish DTL fisheries north of 36[deg] N lat. for all periods in 
2018. This approach of decreasing trip limits initially minimizes the 
likelihood of dramatic decreases in trip limits or closures for these 
fisheries later in the season, if the attainment occurs at a rate that 
is likely to exceed the sector's HG. With a precautionary approach in 
earlier periods in the year, trip limits may be increased throughout 
the year if attainment is projected to remain under the ACL. Trip 
limits for the LEFG sablefish DTL fisheries north of 36[deg] N lat. are 
designated at Tables 2 (North and South) to part 660, subpart E. Trip 
limits for the OA sablefish DTL fishery north of 36[deg] N are 
designated at Tables 3 (North and South) to part 660, subpart F.
    The Council initially recommended a change to sablefish trip limits 
for all periods for the LEFG fishery. However, because NMFS cannot 
decrease trip limits in the middle of a trip limit period, NMFS is 
implementing, by modifying Tables 2 (North and South) to part 660, 
subpart E, trip limit changes for the LEFG sablefish DTL fisheries 
north of 36[deg] N lat. for periods 2 through 6 only. The trip limit 
for these periods (2-6) would be: 1,100 lbs per week, not to exceed 
3,300 lbs/2 months. Trip limits for LEFG sablefish DTL fisheries north 
of 36[deg] N lat. for period 1 will remain as status quo.
    The Council also recommended a change to sablefish trip limits for 
all periods for the OA fishery. However, because NMFS cannot decrease 
trip limits in the middle of a trip limit period, NMFS is implementing, 
by modifying Tables 3 (North and South) to part 660, subpart F, trip 
limits for sablefish in the OA sablefish DTL fishery north of 36[deg] N 
lat. for periods 2 through 6 only. The trip limit for these periods (2-
6) would be: 300 lbs/day, or 1 landing per week up to 1,000 lbs, not to 
exceed 2,000 lbs/2 months. Trip limits for OA sablefish DTL fisheries 
north of 36[deg] N lat. for period 1 will remain as status quo.
    Under these revised, lower limits, the GMT projects attainment in 
the LEFG between 75.1 and 102 percent, down from the status quo trip 
limit attainment between 95.2 and 125.2 percent. OA is predicted to be 
within 74.2 to 92.7 percent under revised trip limits, down from 78.8 
to 98.5 percent under status quo. NMFS and the GMT will continue to 
monitor attainment of sablefish throughout 2018 and can revise these 
trip limits through future inseason actions as needed to ensure 
optimized opportunity is available to harvesters, while maintaining a 
precautionary approach to remain within the HG.

LEFG and OA Lingcod Fisheries North of 40[deg]10' N Lat.

    Lingcod north of 40[deg]10' N lat. has had low attainment in recent 
years (approximately 30 percent in the LEFG and OA, or non-trawl, 
sectors in 2016). Based on 2015 West Coast Groundfish Observer Program 
(WCGOP) data, current trip limits are resulting in discards of 
incidentally caught lingcod that would likely be landed under increased 
trip limits, as only approximately half of sampled regulatory discards 
(i.e., 1,400 lbs in OA and 300 lbs in LEFG fishery) were due to minimum 
size limits; the rest are assumed to be due to reaching trip limits. 
The primary objective of trip limits for lingcod has been to maximize 
opportunity while staying within the biological confines of overfished 
species limits, such as yelloweye rockfish.
    No lingcod increases in trip limits were proposed during the 2017-
18 biennial harvest specifications and management measures because 
there were on-going concerns about the incidental catch of yelloweye 
rockfish. However, updates to the nearshore model, including use of 
newly available 2016 data in the recalculation of discard ratios by the 
WCGOP and revised discard mortality rates, indicate there is now 
sufficient yelloweye rockfish for the Council to consider higher 
lingcod trip limit increases for 2018. The GMT determined that the 
projected non-trawl yelloweye rockfish impacts associated with the 
higher lingcod trip limits would be below what was analyzed in the 
2017-18 harvest specifications and management measures, predominantly 
due to the updated discard mortality rates applied in the nearshore 
model. The GMT projected ranges of potential lingcod and yelloweye 
impacts from the revised trip limits to account for some inter-annual 
variability. The projected alternative trip limits would result in 84 
to 108 mt of lingcod and 1.9 to 2.2 mt of yelloweye taken. These 
projected yelloweye impacts are within the nearshore HG shares for 
Oregon (1.4 mt) and California (0.6 mt), as well as below the non-
nearshore HG (0.7 mt). These impacts will keep the 2018 removals well 
within the upper range analyzed in the 2015-2016 Biennial Harvest 
Specifications and Management Measures Final Environmental Impact 
Statement.
    Therefore, the Council recommended and NMFS is implementing, by 
modifying Table 2 (North) to part 660, subpart E, the following trip 
limits for lingcod for the LEFG fishery north of 40[deg]10' N latitude: 
January-April, 600 lbs/2 months; May-October, 1,400 lbs/2 months; 
November, 700 lbs; and for December, 400 lbs. The Council also 
recommended and NMFS is implementing, by modifying Table 3 (North) to 
part 660, subpart F, the following trip limits for lingcod for the OA 
fishery north of 40[deg]10' N latitude: January-April, 300 lbs per 
month; May-November, 700 lbs per month; and for December, 300 lbs per 
month.
    These increased trip limits will provide increased fishing 
opportunity specifically for winter time access, and also will provide 
a steady flow of fish to markets, while still being conservative 
regarding yelloweye rockfish impacts.

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 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 this final rule may become effective February 2, 2018. The 
adjustments to management measures in this document affect commercial 
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).

[[Page 4852]]

    Accordingly, for the reasons stated below, NMFS finds good cause to 
waive prior notice and comment and to waive the delay in effectiveness.

Big Skate Trip Limits for the Shorebased IFQ Program

    At its November 2017 meeting, the Council recommended an increase 
to shorebased IFQ program big skate trip limits be implemented as 
quickly as possible to allow harvest of big skate to better attain, but 
not exceed, the 2018 ACL. There was not sufficient time after that 
meeting to undergo 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 the 
IFQ program using the best available science to increase harvesting 
opportunities without exceeding the ACLs for federally managed species 
in accordance with the PCGFMP and applicable law. These increases to 
trip limits must be implemented as quickly as possible in 2018, to 
allow IFQ program fishermen an opportunity to harvest higher limits for 
big skate coastwide throughout 2018.
    It is in the public interest for fishermen to have an opportunity 
to harvest big skate, which contributes revenue to the coastal 
communities of Washington, Oregon, and California. This action, if 
implemented quickly, is anticipated to allow catch of big skate through 
the end of the 2018 to approach but not exceed the ACL, and allows 
harvest as intended by the Council, consistent with the best scientific 
information available, while providing for a responsible level of 
increased economic opportunity for participants.

LEFG and OA DTL Sablefish Fisheries North of 36[deg] N Lat.

    At its November 2017 Council meeting, the Council recommended that 
a decrease to LEFG and OA sablefish north of 36[deg] N lat. trip limits 
be implemented as quickly as possible to keep the predicted harvest of 
sablefish from exceeding the non-trawl HG (and correspondingly the 2018 
ACL). NMFS determined that there was not sufficient time after that 
meeting to undergo 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 the 
LEFG and OA fixed gear sablefish DTL fishery using the best available 
science to approach, without exceeding, the ACLs for federally managed 
species in accordance with the PCGFMP and applicable law. This action, 
if implemented quickly, is anticipated to allow harvesters to maintain 
a steady catch of sablefish through the end of the 2018 that will 
approach but not exceed the ACL, prevent sharp decreases in later 
season trip limits to maintain catch below the ACL, and allow harvest 
as intended by the Council, consistent with the best scientific 
information available.

LEFG and OA Lingcod Fisheries North of 40[deg]10' N Lat.

    At its November 2017 meeting, the Council recommended an increase 
to LE and OA fixed gear lingcod trip limits north of 40[deg]10'N. lat. 
be implemented as quickly as possible to allow harvest of lingcod to 
better attain, but not exceed, the 2018 ACL. There was not sufficient 
time after that meeting to undergo proposed and final rulemaking before 
this action needs to be in effect before the start of or as early as 
possible in the 2018 fishing season. Affording the time necessary for 
prior notice and opportunity for public comment would prevent NMFS from 
managing the LE and OA fixed gear fishery using the best available 
science to increase harvesting opportunities without exceeding the ACLs 
for federally managed species in accordance with the PCGFMP and 
applicable law. These increases to trip limits must be implemented as 
quickly as possible to allow LE and OA fixed gear fishermen an 
opportunity to harvest higher limits for lingcod, particularly early in 
2018, during the winter months.
    It is in the public interest for fishermen to have an opportunity 
to harvest lingcod, which contributes revenue to the coastal 
communities of Washington, Oregon, and California. This action, if 
implemented quickly, is anticipated to allow catch of lingcod through 
the end of the 2018 to approach but not exceed the ACL, and allows 
harvest as intended by the Council, consistent with the best scientific 
information available, while providing for a responsible level of 
increased economic opportunity for participants.

List of Subjects in 50 CFR Part 660

    Fisheries, Fishing, and Indian Fisheries.

    Dated: January 30, 2018.
 Emily H. Menashes,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.

    For the reasons set out in the preamble, 50 CFR part 660 is amended 
as follows:

PART 660--FISHERIES OFF WEST COAST STATES

0
1. The authority citation for part 660 continues to read as follows:

    Authority: 16 U.S.C. 1801 et seq., 16 U.S.C. 773 et seq., and 16 
U.S.C. 7001 et seq.


0
2. Table 1 (North) to part 660, subpart D, is revised to read as 
follows:

Table 1 (North) to Part 660, Subpart D--Limited Entry Trawl Rockfish 
Conservation Areas and Landing Allowances for Non-IFQ Species and 
Pacific Whiting North of 40[deg]10 N Lat.

BILLING CODE 3510-22-P

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[[Page 4854]]



0
3. Table 1 (South) to part 660, subpart D, is revised to read as 
follows:

Table 1 (South) to Part 660, Subpart D--Limited Entry Trawl Rockfish 
Conservation Areas and Landing Allowances for Non-IFQ Species and 
Pacific Whiting South of 40[deg]10 N Lat.

BILLING CODE 3510-22-P
[GRAPHIC] [TIFF OMITTED] TR02FE18.001


[[Page 4855]]



0
4. Table 2 (North) to part 660, subpart E, is revised to read as 
follows:

Table 2 (North) to Part 660, Subpart E--Non-Trawl Rockfish Conservation 
Areas and Trip Limits for Limited Entry Fixed Gear North of 
40[deg]10 N Lat.
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[[Page 4856]]


[GRAPHIC] [TIFF OMITTED] TR02FE18.003


0
5. Table 2 (South) to part 660, subpart E, is revised to read as 
follows:

Table 2 (South) to Part 660, Subpart E--Non-Trawl Rockfish Conservation 
Areas and Trip Limits for Limited Entry Fixed Gear South of 
40[deg]10 N Lat.

[[Page 4857]]

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[[Page 4858]]


[GRAPHIC] [TIFF OMITTED] TR02FE18.005


0
6. Table 3 (North) to part 660, subpart F, is revised to read as 
follows:

Table 3 (North) to Part 660, Subpart F--Non-Trawl Rockfish Conservation 
Areas and Trip Limits for Open Access Gears North of 
40[deg]10 N Lat.

[[Page 4859]]

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[[Page 4860]]


[GRAPHIC] [TIFF OMITTED] TR02FE18.007


0
7. Table 3 (South) to part 660, subpart F, is revised to read as 
follows:

Table 3 (South) to Part 660, Subpart F--Non-Trawl Rockfish Conservation 
Areas and Trip Limits for Open Access Gears South of 
40[deg]10 N Lat.

[[Page 4861]]

[GRAPHIC] [TIFF OMITTED] TR02FE18.008


[[Page 4862]]


[GRAPHIC] [TIFF OMITTED] TR02FE18.009

[FR Doc. 2018-02121 Filed 2-1-18; 8:45 am]
 BILLING CODE 3510-22-C

4850 Federal Register / Vol. 83, No. 23 / Friday, February 2, 2018 / Rules and Regulations 601, et seq., do not apply to this rule. Management Council’s website at http:// GMT’s use of the additional 2017 catch Therefore, no new regulatory flexibility www.pcouncil.org/. data changed the projected 2018 annual analysis is required and none has been targets relative to the original annual Background prepared. targets that were used to set the 2017– This action does not contain a The PCGFMP and its implementing 18 big skate trip limits. The two trip collection of information requirement regulations at title 50 in the Code of limit alternatives modeled by the GMT for the purposes of the Paperwork Federal Regulations (CFR), part 660, would result in higher estimated Reduction Act. subparts C through G, regulate fishing attainments (94 and 98 percent) of big for over 90 species of groundfish off the skate than the estimated 88 percent Authority: 16 U.S.C. 1801 et seq. coasts of Washington, Oregon, and attainment under the status quo trip Dated: January 30, 2018. California. Groundfish specifications limits. In order to maximize opportunity Samuel D. Rauch III, and management measures are for vessels and increase attainment, the Deputy Assistant Administrator for developed by the Pacific Fishery Council recommended and NMFS is Regulatory Programs, National Marine Management Council (Council), and are implementing, by modifying Tables 1 Fisheries Service. implemented by NMFS. (North and South) to part 660, subpart [FR Doc. 2018–02148 Filed 2–1–18; 8:45 am] The final rule to implement the 2017– D, the following trip limits for big skate BILLING CODE 3510–22–P 18 harvest specifications and in the IFQ program: Period 1, 5,000 lbs, management measures for most species Period 2, 30,000 lbs, Period 3, 35,000 of the Pacific coast groundfish fishery lbs, Period 4, 40,000 lbs, Period 5, DEPARTMENT OF COMMERCE was published on February 7, 2017 (82 15,000 lbs, and Period 6, 5,000 lbs. FR 9634). These increased trip limits are expected National Oceanic and Atmospheric The Council, in coordination with to increase projected attainment of the Administration Pacific Coast Treaty Indian Tribes and big skate IFQ allocation to 98 percent in the States of Washington, Oregon, and 2018. 50 CFR Part 660 California, recommended the following changes to current groundfish LEFG and OA Sablefish DTL Fisheries [Docket No. 160808696–7010–02] North of 36° N Lat. management measures at its November RIN 0648–BH47 13–20, 2017, meeting: (1) Increasing the Sablefish are distributed coastwide big skate trip limits for the shorebased with harvest specifications split north Magnuson-Stevens Act Provisions; individual fishing quota (IFQ) program, and south of 36° N lat. Trip limits in the Fisheries Off West Coast States; (2) decreasing the sablefish trip limits LEFG and OA DTL fisheries, for species Pacific Coast Groundfish Fishery; for limited entry fixed gear (LEFG) and such as sablefish, are intended to keep 2017–18 Biennial Specifications and open access (OA) daily trip limit (DTL) attainment of the non-trawl HG within Management Measures; Inseason fisheries north of 36° North Latitude (N the ACL. The trip limits for sablefish for Adjustments lat.), and (3) increasing the lingcod trip 2017–18 were established through the AGENCY: National Marine Fisheries limits for the LEFG and OA fisheries final rule for the 2017–18 harvest Service (NMFS), National Oceanic and north of 40°10′ N lat. specifications (82 FR 9634) based on Atmospheric Administration (NOAA), catch data through 2015. Big Skate Trip Limits for the Shorebased Inseason catch data from 2017 Commerce. IFQ Program suggested possible under-attainment of ACTION: Final rule; inseason adjustments At the November 2017 Council the sablefish non-trawl HG. During the to biennial groundfish management meeting, the Council’s Groundfish September 2017 Council meeting, the measures. Advisory Subpanel (GAP) GMT made model-based landings SUMMARY: This final rule announces recommended higher trip limits for big projections for the LEFG and OA inseason changes to management skate for the shorebased IFQ program in sablefish DTL fisheries north of 36° N measures in the Pacific Coast groundfish 2018. For 2017–18, the annual catch lat. for the remainder of 2017 to assist fisheries. This action, which is limit (ACL) was set at 494 metric tons the Council in evaluating potential authorized by the Pacific Coast (mt), the fishery harvest guideline (HG) increases to sablefish trip limits. These Groundfish Fishery Management Plan was 437 mt, and the trawl allocation projections used the most recent (PCGFMP), is intended to allow was 414.8 mt, which includes big skate information available, including fisheries to access more abundant caught by the at-sea fleet. Bi-monthly inseason catch data from 2017, and groundfish stocks while protecting trip limits for 2017–18 were set at 5,000 showed under-attainment of the 2017 overfished and depleted stocks. pounds (lbs) (January–February), 25,000 sablefish non-trawl HG. Based on these lbs (March–April), 30,000 lbs (May– projections, the LEFG and OA sablefish DATES: This final rule is effective June), 35,000 lbs (July–August), 10,000 trip limits were raised through an February 2, 2018. lbs (September–October), and 5,000 lbs inseason action on October 19, 2017 (82 FOR FURTHER INFORMATION CONTACT: (November–December). FR 48656). The 2017 trip limits Karen Palmigiano, phone: 206–526– In November 2017, based on the established through the September 4491, fax: 206–526–6736, or email: partial catch data for 2017, the inseason action for LEFG and OA karen.palmigiano@noaa.gov. Groundfish Management Team (GMT) sablefish remain in place for 2018 until SUPPLEMENTARY INFORMATION: estimated that attainment of big skate in changed. the IFQ fishery would be 88 percent for At the November 2017 Council sradovich on DSK3GMQ082PROD with RULES Electronic Access 2018, approximately 365 mt. Given that meeting, the GMT updated the This rule is accessible via the internet the projected attainment of big skate projections for the attainment of the at the Office of the Federal Register was approaching full attainment with sablefish HG for 2018 with data through website at https:// status quo trip limits, the GMT modeled October 31, 2017. These projections www.federalregister.gov. Background modest increases in trip limits for 2018 showed possible attainment of the information and documents are using the 2016 Groundfish Mortality sablefish allocation between 95.2 and available at the Pacific Fishery Report data and 2017 catch data. The 125.2 percent for the LEFG fishery, and VerDate Sep<11>2014 16:21 Feb 01, 2018 Jkt 244001 PO 00000 Frm 00018 Fmt 4700 Sfmt 4700 E:\FR\FM\02FER1.SGM 02FER1

Federal Register / Vol. 83, No. 23 / Friday, February 2, 2018 / Rules and Regulations 4851 78.8 and 98.5 percent for the OA from the status quo trip limit attainment impacts will keep the 2018 removals fishery. If the current trip limits remain between 95.2 and 125.2 percent. OA is well within the upper range analyzed in in place there is a projected potential to predicted to be within 74.2 to 92.7 the 2015–2016 Biennial Harvest exceed the sablefish HG, with percent under revised trip limits, down Specifications and Management attainment greater than one hundred from 78.8 to 98.5 percent under status Measures Final Environmental Impact percent in the LEFG fishery north of 36° quo. NMFS and the GMT will continue Statement. N and close to one hundred percent in to monitor attainment of sablefish Therefore, the Council recommended the OA north fishery. throughout 2018 and can revise these and NMFS is implementing, by To ensure harvest remains below the trip limits through future inseason modifying Table 2 (North) to part 660, sablefish ACL, the Council elected to actions as needed to ensure optimized subpart E, the following trip limits for follow a precautionary approach at the opportunity is available to harvesters, lingcod for the LEFG fishery north of outset of 2018, by recommending while maintaining a precautionary 40°10′ N latitude: January–April, 600 decreases to sablefish trip limits in approach to remain within the HG. lbs/2 months; May–October, 1,400 lbs/2 LEFG and OA sablefish DTL fisheries months; November, 700 lbs; and for north of 36° N lat. for all periods in LEFG and OA Lingcod Fisheries North December, 400 lbs. The Council also 2018. This approach of decreasing trip of 40°10′ N Lat. recommended and NMFS is limits initially minimizes the likelihood Lingcod north of 40°10′ N lat. has had implementing, by modifying Table 3 of dramatic decreases in trip limits or low attainment in recent years (North) to part 660, subpart F, the closures for these fisheries later in the (approximately 30 percent in the LEFG following trip limits for lingcod for the season, if the attainment occurs at a rate and OA, or non-trawl, sectors in 2016). OA fishery north of 40°10′ N latitude: that is likely to exceed the sector’s HG. Based on 2015 West Coast Groundfish January–April, 300 lbs per month; May– With a precautionary approach in Observer Program (WCGOP) data, November, 700 lbs per month; and for earlier periods in the year, trip limits current trip limits are resulting in December, 300 lbs per month. may be increased throughout the year if discards of incidentally caught lingcod These increased trip limits will attainment is projected to remain under that would likely be landed under provide increased fishing opportunity the ACL. Trip limits for the LEFG increased trip limits, as only specifically for winter time access, and sablefish DTL fisheries north of 36° N approximately half of sampled also will provide a steady flow of fish lat. are designated at Tables 2 (North regulatory discards (i.e., 1,400 lbs in OA to markets, while still being and South) to part 660, subpart E. Trip and 300 lbs in LEFG fishery) were due conservative regarding yelloweye limits for the OA sablefish DTL fishery to minimum size limits; the rest are rockfish impacts. north of 36° N are designated at Tables assumed to be due to reaching trip limits. The primary objective of trip Classification 3 (North and South) to part 660, subpart F. limits for lingcod has been to maximize This final rule makes routine inseason The Council initially recommended a opportunity while staying within the adjustments to groundfish fishery change to sablefish trip limits for all biological confines of overfished species management measures, based on the periods for the LEFG fishery. However, limits, such as yelloweye rockfish. best available information, consistent because NMFS cannot decrease trip No lingcod increases in trip limits with the PCGFMP and its implementing limits in the middle of a trip limit were proposed during the 2017–18 regulations. period, NMFS is implementing, by biennial harvest specifications and This action is taken under the modifying Tables 2 (North and South) to management measures because there authority of 50 CFR 660.60(c) and is part 660, subpart E, trip limit changes were on-going concerns about the exempt from review under Executive for the LEFG sablefish DTL fisheries incidental catch of yelloweye rockfish. Order 12866. north of 36° N lat. for periods 2 through However, updates to the nearshore The aggregate data upon which these 6 only. The trip limit for these periods model, including use of newly available actions are based are available for public (2–6) would be: 1,100 lbs per week, not 2016 data in the recalculation of discard inspection at the Office of the to exceed 3,300 lbs/2 months. Trip ratios by the WCGOP and revised Administrator, West Coast Region, limits for LEFG sablefish DTL fisheries discard mortality rates, indicate there is NMFS, during business hours. north of 36° N lat. for period 1 will now sufficient yelloweye rockfish for NMFS finds good cause to waive prior remain as status quo. the Council to consider higher lingcod public notice and comment on the The Council also recommended a trip limit increases for 2018. The GMT revisions to groundfish management change to sablefish trip limits for all determined that the projected non-trawl measures under 5 U.S.C. 553(b) because periods for the OA fishery. However, yelloweye rockfish impacts associated notice and comment would be because NMFS cannot decrease trip with the higher lingcod trip limits impracticable and contrary to the public limits in the middle of a trip limit would be below what was analyzed in interest. Also, for the same reasons, period, NMFS is implementing, by the 2017–18 harvest specifications and NMFS finds good cause to waive the 30- modifying Tables 3 (North and South) to management measures, predominantly day delay in effectiveness pursuant to 5 part 660, subpart F, trip limits for due to the updated discard mortality U.S.C. 553(d)(3), so that this final rule sablefish in the OA sablefish DTL rates applied in the nearshore model. may become effective February 2, 2018. fishery north of 36° N lat. for periods 2 The GMT projected ranges of potential The adjustments to management through 6 only. The trip limit for these lingcod and yelloweye impacts from the measures in this document affect periods (2–6) would be: 300 lbs/day, or revised trip limits to account for some commercial fisheries off the coasts of 1 landing per week up to 1,000 lbs, not inter-annual variability. The projected Washington, Oregon and California. No sradovich on DSK3GMQ082PROD with RULES to exceed 2,000 lbs/2 months. Trip alternative trip limits would result in 84 aspect of this action is controversial, limits for OA sablefish DTL fisheries to 108 mt of lingcod and 1.9 to 2.2 mt and changes of this nature were north of 36° N lat. for period 1 will of yelloweye taken. These projected anticipated in the biennial harvest remain as status quo. yelloweye impacts are within the specifications and management Under these revised, lower limits, the nearshore HG shares for Oregon (1.4 mt) measures established through a notice GMT projects attainment in the LEFG and California (0.6 mt), as well as below and comment rulemaking for 2017–18 between 75.1 and 102 percent, down the non-nearshore HG (0.7 mt). These (82 FR 9634). VerDate Sep<11>2014 16:21 Feb 01, 2018 Jkt 244001 PO 00000 Frm 00019 Fmt 4700 Sfmt 4700 E:\FR\FM\02FER1.SGM 02FER1

4852 Federal Register / Vol. 83, No. 23 / Friday, February 2, 2018 / Rules and Regulations Accordingly, for the reasons stated north of 36° N lat. trip limits be applicable law. These increases to trip below, NMFS finds good cause to waive implemented as quickly as possible to limits must be implemented as quickly prior notice and comment and to waive keep the predicted harvest of sablefish as possible to allow LE and OA fixed the delay in effectiveness. from exceeding the non-trawl HG (and gear fishermen an opportunity to correspondingly the 2018 ACL). NMFS harvest higher limits for lingcod, Big Skate Trip Limits for the Shorebased determined that there was not sufficient particularly early in 2018, during the IFQ Program time after that meeting to undergo winter months. At its November 2017 meeting, the proposed and final rulemaking before It is in the public interest for Council recommended an increase to this action needs to be in effect. fishermen to have an opportunity to shorebased IFQ program big skate trip Affording the time necessary for prior harvest lingcod, which contributes limits be implemented as quickly as notice and opportunity for public revenue to the coastal communities of possible to allow harvest of big skate to comment would prevent NMFS from Washington, Oregon, and California. better attain, but not exceed, the 2018 managing the LEFG and OA fixed gear This action, if implemented quickly, is ACL. There was not sufficient time after sablefish DTL fishery using the best anticipated to allow catch of lingcod that meeting to undergo proposed and available science to approach, without through the end of the 2018 to approach final rulemaking before this action exceeding, the ACLs for federally but not exceed the ACL, and allows needs to be in effect. Affording the time managed species in accordance with the harvest as intended by the Council, necessary for prior notice and PCGFMP and applicable law. This consistent with the best scientific opportunity for public comment would action, if implemented quickly, is information available, while providing prevent NMFS from managing the IFQ anticipated to allow harvesters to for a responsible level of increased program using the best available science maintain a steady catch of sablefish economic opportunity for participants. to increase harvesting opportunities through the end of the 2018 that will without exceeding the ACLs for approach but not exceed the ACL, List of Subjects in 50 CFR Part 660 federally managed species in prevent sharp decreases in later season Fisheries, Fishing, and Indian accordance with the PCGFMP and trip limits to maintain catch below the Fisheries. applicable law. These increases to trip ACL, and allow harvest as intended by limits must be implemented as quickly the Council, consistent with the best Dated: January 30, 2018. as possible in 2018, to allow IFQ scientific information available. Emily H. Menashes, program fishermen an opportunity to Acting Director, Office of Sustainable harvest higher limits for big skate LEFG and OA Lingcod Fisheries North Fisheries, National Marine Fisheries Service. coastwide throughout 2018. of 40°10′ N Lat. For the reasons set out in the It is in the public interest for At its November 2017 meeting, the preamble, 50 CFR part 660 is amended fishermen to have an opportunity to Council recommended an increase to LE as follows: harvest big skate, which contributes and OA fixed gear lingcod trip limits revenue to the coastal communities of north of 40°10′N. lat. be implemented as PART 660—FISHERIES OFF WEST Washington, Oregon, and California. quickly as possible to allow harvest of COAST STATES This action, if implemented quickly, is lingcod to better attain, but not exceed, anticipated to allow catch of big skate the 2018 ACL. There was not sufficient ■ 1. The authority citation for part 660 through the end of the 2018 to approach time after that meeting to undergo continues to read as follows: but not exceed the ACL, and allows proposed and final rulemaking before Authority: 16 U.S.C. 1801 et seq., 16 U.S.C. harvest as intended by the Council, this action needs to be in effect before 773 et seq., and 16 U.S.C. 7001 et seq. consistent with the best scientific the start of or as early as possible in the information available, while providing 2018 fishing season. Affording the time ■ 2. Table 1 (North) to part 660, subpart for a responsible level of increased necessary for prior notice and D, is revised to read as follows: economic opportunity for participants. opportunity for public comment would prevent NMFS from managing the LE Table 1 (North) to Part 660, Subpart LEFG and OA DTL Sablefish Fisheries and OA fixed gear fishery using the best D—Limited Entry Trawl Rockfish North of 36° N Lat. available science to increase harvesting Conservation Areas and Landing At its November 2017 Council opportunities without exceeding the Allowances for Non-IFQ Species and meeting, the Council recommended that ACLs for federally managed species in Pacific Whiting North of 40≥10″ N Lat. a decrease to LEFG and OA sablefish accordance with the PCGFMP and BILLING CODE 3510–22–P sradovich on DSK3GMQ082PROD with RULES VerDate Sep<11>2014 16:21 Feb 01, 2018 Jkt 244001 PO 00000 Frm 00020 Fmt 4700 Sfmt 4700 E:\FR\FM\02FER1.SGM 02FER1

Federal Register/Vol. 83, No. 23 /Friday, February 2, 2018 /Rules and Regulations 4853 Table 1 (North) to Part 660, Subpart D —— Limited Entry Trawl Rockfish Conservation Areas and Landing Allowances for non—IFQ Species and Pacific Whiting North of 40° 10‘ N. Lat. This table describes Rockfish Conservation Areas for vessels using groundfish trawl gear. This table describes incidental landing allowances for vessels registered to a Federal limited entry trawl permit and using groundfish trawl or groundfish non—trawl gears to harvest individual fishing quota (IFQ) species. Other Limits and Requirements Apply —— Read § 660.10 — § 660.399 before using this table 01/1/2018 JAN—FEB MAR—APR MAY—JUN JUL—AUG SEP—OCT NOV—DEC Rockfish Conservation Area (RCA)” : 1 North of 45°46‘ N. lat. 100 fm line"" — 150 fm line" 2 45°46‘ N. lat. — 40°10° N. lat. 100 fm line"" — modified*" 200 fm line" Selective flatfish trawl gear is required shoreward of the RCA; all bottom trawl gear (large footrope, selective flatfish trawl, and small footrope traw! gear) is permitted seaward of the RCA. Large footrope and small footrope trawl gears (except for selective flatfish trawl gear) are prohibited shoreward of the RCA. Midwater trawl gear is permitted for vessels targeting whiting and non—whiting during the days open to the primary whiting season. Vessels fishing groundfish traw| quota pounds with groundfish non—trawl| gears, under gear switching provisions at §660.140, are subject to the limited entry groundfish trawl| fishery landing allowances in this table, regardless of the type of fishing gear used. Vessels fishing 11989 V L groundfish trawl quota pounds with groundfish non—trawl| gears, under gear switching provisions at § 660.140, are subject to the limited entry fixed gear non—trawl RCA, as described in Tables 2 (North) and 2 (South) to Part 660, Subpart E. See § 660.60, § 660.130, and § 660.140 for Additional Gear, Trip Limit, and Conservation Area Requirements and Restrictions. See §§ 660.70 660.74 and §§ 660.76—660.79 for Conservation Area Descriptions and Coordinates (including RCAs, YRCA, CCAs, Farallon Islands, Cordell Banks, and EFHCAs). State trip limits and seasons may be more restrictive than federal trip limits, particularly in waters off Oregon and California. Minor Nearshore Rockfish & Black L 300 Ib/ month rockfish Whiting*‘ (y j1O N) 1 Before the primary whiting season: CLOSED . —— During the primary season: mid—water traw! 5 midwater trawl| permitted in the RCA. See §660.131 for season and trip limit details. —— After the primary whiting season: CLOSED. Before the primary whiting season: 20,000 Ib/trip. —— During the primary season: 10,000 lb/trip. —— 6 large & small footrope gear After the primary whiting season: 10,000 Ib/trip. / Cabezon* 8 North of 46°16" N. lat. Unlimited 9 46°16‘ N. lat. — 4010‘ N. lat. 50 Ib/ month 10 Shortbelly rockfish Unlimited 11 Spiny dogfish 60,000 Ib/ month . 5,000 Ib/ 2 30,000 Ib/ 2 35,000 Ib/ 2 40,000 Ib/ 2 15,000 Ib/ 2 5,000 Ib/ 2 12 Big skate months months months months months months 13 Longnose skate Unlimited 14 Other Fish * Unlimited 1/ The Rockfish Conservation Area is an area closed to fishing by particular gear types, bounded by lines specifically defined by latitude and longitude coordinates set out at §§ 660.71—660.74. This RCA is not defined by depth contours, and the boundary lines that define the RCA may close areas that are deeper or shallower than the depth contour. Vessels that are subject to the RCA restrictions may not fish in the RCA, or operate in the RCA for any purpose other than transiting. 2/ The "modified" fathom lines are modified to exclude certain petrale sole areas from the RCA. 3/ As specificed at §660.131(d), when fishing in the Eureka Area, no more than 10,000 lb of whiting may be taken and retained, possessed, or landed by a vessel that, at any time during the fishing trip, fished in the fishery management area shoreward of 100 fm contour. 4/ "Other Fish" are defined at § 660.11 and include kelp greenling, leopard shark, and cabezon in Washington To convert pounds to kilograms, divide by 2.20462, the number of pounds in one kilogram.

4854 Federal Register/Vol. 83, No. 23 /Friday, February 2, 2018 /Rules and Regulations m 3. Table 1 (South) to part 660, subpart Table 1 (South) to Part 660, Subpart D, is revised to read as follows: D—Limited Entry Trawl Rockfish Conservation Areas and Landing Allowances for Non—IFQ Species and Pacific Whiting South of 40°10" N Lat. BILLING CODE 3510—22—P Table 1 (South) to Part 660, Subpart D —— Limited Entry Trawl Rockfish Conservation Areas and Landing Allowances for non—IFQ Species and Pacific Whiting South of 40°10° N. Lat. This table describes Rockfish Conservation Areas for vessels using groundfish trawl gear. This table describes incidental landing allowances for vessels registered to a Federal limited entry trawl permit and using groundfish trawl or groundfish non—trawl gears to harvest individual fishing quota (IFQ) species. Other Limits and Requirements Apply —— Read § 660.10 — § 660.399 before using this table 01/1/2018 JAN—FEB MAR—APR MAY—JUN JUL—AUG SEP—OCT NOV—DEC Rockfish Conservation Area (RCA)“ : 1° South of 40410‘ N. lat. 100 fm line"‘ — 150 fm line * Small footrope trawl gear is required shoreward of the RCA; all trawl gear (large footrope, selective flatfish trawl, midwater trawl, and small footrope trawl gear) is permitted seaward of the RCA. Large footrope trawl gear and midwater trawl gear are prohibited shoreward of the RCA. Vessels fishing groundfish trawl quota pounds with groundfish non—trawl gears, under gear switching provisions at § 660.140, are subject to the limited entry groundfish trawl| fishery landing allowances in this table, regardless of the type of fishing gear used. Vessels fishing groundfish trawl quota pounds with groundfish non—trawl gears, under gear switching provisions at § 660.140, are subject to the limited entry fixed gear non—trawl RCA, as described in Tables 2 (North) and 2 (South) to Part 660, Subpart E. See § 660.60, § 660.130, and § 660.140 for Additional Gear, Trip Limit, and Conservation Area Requirements and Restrictions. See §§ 660.70 660.74 and §§ 660.76—660.79 for Conservation Area Descriptions and Coordinates (including RCAs, YRCA, CCAs, Farallon Islands, Cordell L 119 V L Banks, and EFHCAs). State trip limits and seasons may be more restrictive than federal trip limits, particularly in waters off Oregon and California. Longspine thornyhead D 3 South of 34°27‘ N. lat. 24,000 Ib/ 2 months Minor Nearshore Rockfish & Black 300 Ib/ month rockfish 5 Whiting (y}jnos) Before the primary whiting season: CLOSED . —— During the primary season: mid—water traw! 6 midwater trawl| permitted in the RCA. See §660.131 for season and trip limit details. —— After the primary whiting season: CLOSED. Before the primary whiting season: 20,000 lb/trip. —— During the primary season: 10,000 Ib/trip. —— 7 large & small footrope gear After the primary whiting season: 10,000 lb/trip. 8 Cabezon 50 Ib/ month 9 Shortbelly rockfish Unlimited 10 Spiny dogfish 60,000 Ib/ month . 5,000 Ib/ 2 30,000 lIb/ 2 35,000 lb/ 2 40,000 lb/ 2 15,000 lb/ 2 5,000 lb/ 2 11 Big skate months months months months months months 12 Longnose skate Unlimited 13 California scorpionfish Unlimited 14 Other Fish *‘ Unlimited 1/ The Rockfish Conservation Area is an area closed to fishing by particular gear types, bounded by lines specifically defined by latitude and longitude coordinates set out at §§ 660.71—660.74. This RCA is not defined by depth contours, and the boundary lines that define the RCA may close areas that are deeper or shallower than the depth contour. Vessels that are subject to the RCA restrictions may not fish in the RCA, or operate in the RCA for any purpose other than transiting. 2/ South of 34°27‘ N. lat., the RCA is 100 fm line — 150 fm line along the mainland coast; shoreline — 150 fm line around islands. 3/ "Other Fish" are defined at § 660.11 and include kelp greenling, leopard shark, and cabezon in Washington To convert pounds to kilograms, divide by 2.20462, the number of pounds in one kilogram.

Federal Register/Vol. 83, No. 23 /Friday, February 2, 2018 / Rules and Regulations 4855 E 4. Table 2 (North) to part 660, subpart Table 2 (North) to Part 660, Subpart E— E, is revised to read as follows: Non—Trawl Rockfish Conservation Areas and Trip Limits for Limited Entry Fixed Gear North of 40°10" N Lat. Table 2 (North) to Part 660, Subpart E —— Non—Trawl Rockfish Conservation Areas and Trip Limits for Limited Entry Fixed Gear North of 40°10‘ N. lat. Other limits and requirements apply —— Read §§660.10 through 660.399 before using this table 1/8/2018 JAN—FEB _| MAR—APR _| MAY—JUN JUL—AUG SEP—OCT NOV—DEC Rockfish Conservation Area (RCA)” : 1 .North of 4616‘ N. lat. shoreline — 100 fm line"‘ 2 4616‘ N. lat. — 4200‘ N. lat. 30 fm line"‘ — 100 fm line" 3 4200‘ N. lat. — 4010‘ N. lat. 30 fm line"‘ — 100 fm line"‘ See §§660.60 and 660.230 for additional gear, trip limit and conservation area requirements and restrictions. See §§660.70—660.74 and §§660.76—660.79 for conservation area descriptions and coordinates (including RCAs, YRCAs, CCAs, Farallon Islands, Cordell Banks, and EFHCAs). State trip limits and seasons may be more restrictive than Federal trip limits or seasons, particularly in waters off Oregon and California. & = 2/ 4 MII‘IOE’ Slope Rockfish"~ & Darkblotched 4,000 Ib/ 2 months rockfish 5 Pacific ocean perch 1,800 Ib/ 2 months 1,125lb/week, 6 Sablefish not to exceed 1,100 Ib/week, not to exceed 3,300 Ib/ 2 months 3,375 Ib/2 months Longspine thornyhead 10,000 Ib/ 2 months 8 Shortspine thornyhead 2,000 Ib/ 2 months 2,500 Ib/ 2 months wl 9 ;3 Dover sole, arrowtooth flounder, o 2o w 5’000_ Ib/"month . . . > petrale sole, English sole, starry South of 42" N. lat., yvhen f!shlng for "other flatfish," vessels using hook—an.d-llne gear with ng more m 12 |_ der. Other Flatfish® than 12 hooks per line, using hooks no larger than "Number 2" hooks, which measure 0.44 in (11 j3 ounder, er rlatis mm ) point to shank, and up to two 1 lb (0.45 kg) weights perline, are not subject to the RCAs. _ 14 15 Whiting 10,000 Ib/ trip m a "=lLe/ 16 Minor Shelf Bockflsh , Shortbelly, & 200 lb/ month DJ Widow rockfish 17 Yellowtail rockfish 1,000 Ib/ month oi 18 Canary rockfish 300 Ib/ 2 months 0 19 Yelloweye rockfish CLOSED wg Minor Nearshore Rockfish & Black «in 20 M rockfish mad 5,000 lIb/ 2 months, no more than 1,200 lb of which may be species other than black rockfish or 21 North of 42°00° N. lat. 2l 4/ blue/deacon rockfish 8,500 Ib/ 2 months, no more than 23 4200‘ N. lat. 4010‘ N. lat 1,200 lb of 7,000 Ib/ 2 months, no more than 1,200 lb of which may be species other than . !(at. — 2| which may be black rockfish species other than black rockfish 23 Lingcod"‘ 600 Ib/2 months 1,400 Ib/ 2 months 700 1b7 400 Ib/ month month 24 Pacific cod 1,000 lb/ 2 months 25 Spiny dogfish 200,000 Ib/ 2 months 150,000 Ib/ 2 100,000 Ib/ 2 months months 26 Longnose skate Unlimited _1,06/ & o7 Other Fish & Cabezon in Oregon and Unlimited California

4856 Federal Register / Vol. 83, No. 23 / Friday, February 2, 2018 / Rules and Regulations ■ 5. Table 2 (South) to part 660, subpart Table 2 (South) to Part 660, Subpart E— E, is revised to read as follows: Non-Trawl Rockfish Conservation Areas and Trip Limits for Limited Entry Fixed Gear South of 40≥10″ N Lat. sradovich on DSK3GMQ082PROD with RULES ER02FE18.003</GPH> VerDate Sep<11>2014 16:21 Feb 01, 2018 Jkt 244001 PO 00000 Frm 00024 Fmt 4700 Sfmt 4700 E:\FR\FM\02FER1.SGM 02FER1

Federal Register/Vol. 83, No. 23 /Friday, February 2, 2018 /Rules and Regulations 4857 Table 2 (South) to Part 660, Subpart E —— Non—Trawl Rockfish Conservation Areas and Trip Limits for Limited Entry Fixed Gear South of 40°10° N. lat. Other limits and requirements apply —— Read §§660.10 through 660.399 before using this table 1/8/2018 JAN—FEB MAR—APR MAY—JUN JUL—AUG SEP—OCT NOV—DEC Rockfish Conservation Area (RCA)”: 1 4010‘ N. lat. — 3427‘ N. lat. 40 fm line‘ — 125 fm line"‘ 2 South of 3427‘ N. lat. 75 fm line"‘ — 150 fm line"‘ (also applies around islands) See §§660.60 and 660.230 for additional gear, trip limit and conservation area requirements and restrictions. See §§660.70—660.74 and §§660.76—660.79 for conservation area descriptions and coordinates (including RCAs, YRCAs, CCAs, Farallon Islands, Cordell Banks, and EFHCAs). State trip limits and seasons may be more restrictive than Federal trip limits or seasons, particularly in waters off Oregon and California. 3 Minor Slope rockfish*‘ & Darkblotched 40,000 Ib/ 2 months, of which no more than 40,000 Ib/ 2 months, of which no more than rockfish 1,375 lb may be blackgill rockfish 1,600 lb may be blackgill rockfish 4 Splitnose rockfish 40,000 Ib/ 2 months 5 Sablefish 1,125 lb/week, 6 4010‘ N. lat. — 3600 N. lat| NOt to exceed 1,100 Ib/week, not to exceed 3,300 Ib/ 2 months 3,375 Ib/2 months 7 South of 3600‘ N. lat. 2,000 Ib/ week 8 Longspine thornyhead 10,000 Ib/ 2 months 9 Shortspine thornyhead 10 4010‘ N. lat. — 3427‘ N. lat. 2,000 Ib/ 2 months 2,500 Ib/ 2 months 11 South of 3427‘ N. lat. 3,000 Ib/ 2 months 12 1 13 Dover sole, arrowtooth flounder, s 5,000 Ib/ month > 14 petrale sole, English sole, starry South of 42 N. lat., Yvhen fi.shing for "other flatfish," vessels using hook—anq-line gear with nq more m 15 . der. Other Flatfish®‘ than 12 hooks per line, using hooks no larger than "Number 2" hooks, which measure 0.44 in (11 gg ounger, er rlatiis mm) point to shank, and up to two 1 Ib (0.45 kg) weights per line, are not subject to the RCAs. _ 17 18 Whiting 10,000 ib? trip m 19 Minor Shelf Rockfish2/, Shortbelly rockfish, Widow rockfish (including Chilipepper between 4010‘ — 3427‘ N. lat.) o o Minor shelf rockfish, shortbelly, widow rockfish, & chilipepper: 2,500 Ib/ 2 months, of which no more| NP 20 40 10‘ N. lat. — 34 27‘ N. lat. . a: than 500 Ib may be any species other than chilipepper. o 4,000 Ib/ 2 21 South of 34 27‘ N. lat. months | CLOSED | 4,000 Ib/ 2 months m 22 Chilipepper m 23 4010‘ N. lat. — 3427‘ N. lat.| Chilipepper included under minor shelf rockfish, shortbelly and widow rockfish limits — — See above o 24 South of 3427‘ N. lat. 2,000 Ib/ 2 months, this opportunity only available seaward of the non—trawl RCA C 25 Canary rockfish 300 Ib/ 2 months L 26 Yelloweye rockfish CLOSED m 27 Cowcod CLOSED Naas» 28 Bronzespotted rockfish CLOSED 29 Bocaccio 30 4010‘ N. lat. — 3427‘ N. lat. 1,000 Ib/ 2 months o 1,500 lb/ 2 31 South of 34 27‘ N. lat. months CLOSED 1,500 Ib/ 2 months 32 Minor Nearshore Rockfish & Black rockfish 1,200 lb/ 2 33 Shallow nearshore ‘ CLOSED 1,200 lb/ 2 months months 34 Deeper nearshore 1,000 Ib/ 2 CLOSED 1,000 Ib/ 2 months months 1,500 lb/ 2 35 ‘ CLOSED 1,500 Ib/ 2 th California Scorpionfish months ‘ monms 36 200 Ib/ 2 CcLOSED 800 lIb/ 2 1,200 Ib/ bimonthly 600 Ib/ 300 lb/ . Al months months month month Lingcod 37 Pacific cod 1,000 Ib/ 2 months . . 150,000 Ib/ 2 38 Spiny dogfish 200,000 Ib/ 2 months ‘ 100,000 Ib/ 2 months months 39 Longnose skate Unlimited 40 ‘Other Fish"‘ & Cabezon Unlimited

4858 Federal Register / Vol. 83, No. 23 / Friday, February 2, 2018 / Rules and Regulations ■ 6. Table 3 (North) to part 660, subpart Table 3 (North) to Part 660, Subpart F— F, is revised to read as follows: Non-Trawl Rockfish Conservation Areas and Trip Limits for Open Access Gears North of 40≥10″ N Lat. sradovich on DSK3GMQ082PROD with RULES ER02FE18.005</GPH> VerDate Sep<11>2014 16:21 Feb 01, 2018 Jkt 244001 PO 00000 Frm 00026 Fmt 4700 Sfmt 4700 E:\FR\FM\02FER1.SGM 02FER1

Federal Register/Vol. 83, No. 23 /Friday, February 2, 2018 /Rules and Regulations 4859 Table 3 (North) to Part 660, Subpart F —— Non—Trawl Rockfish Conservation Areas and Trip Limits for Open Access Gears North of 4010‘ N. lat. Other limits and requirements apply —— Read §§660.10 through 660.399 before using this table 01/1/2018 JAN—FEB MAR—APR MAY—JUN JUL—AUG SEP—OCT NOV—DEC Rockfish Conservation Area (RCA)” : 1 North of 4616‘ N. lat. shoreline — 100 fm line 2 4616‘ N. lat. — 4200‘ N. lat. 30 fm line‘‘ — 100 fm line" 3 4200‘ N. lat. — 4010‘ N. lat. 30 fm line‘ — 100 fm line" See §§660.60, 660.330 and 660.333 for additional gear, trip limit and conservation area requirements and restrictions. See §§660.70— 660.74 and §§660.76—660.79 for conservation area descriptions and coordinates (including RCAs, YRCAs, CCAs, Farallon Islands, Cordell Banks, and EFHCAs). State trip limits and seasons may be more restrictive than Federal trip limits or seasons, particularly in waters off Oregon and Califomia. & "=Le/ 4 Minor Slope ROCkf'fc'h & Per trip, no more than 25% of weight of the sablefish landed Darkblotched rockfish 5 Pacific ocean perch 100 Ib/ month 6 Sablefish 300 lIb/ day, or 1 landing per week of up to 1,000 lb, not to exceed 2,000 Ib/ 2 months 7 Shortpine thornyheads and longspine cLOSEDp thornyheads g 3,000 Ib/ month, no more than 300 lb of which may be species other than Pacific sanddabs. _I 10 Dover sole, arrowtooth flounder, > 11 petrale sole, English sole, starry South of 42° N. lat., when fishing for "Other Flatfish," vessels using hook—and—line gear with no more 12 flounder, Other Flatfish® than 12 h(?oks per line, using hooks no larger than "Ngmber 2" hooks, which measure 0.44 in (11 m 13 mm) point to shank, and up to two 1 lb (0.45 kg) weights per line are not subject to the RCAs. — 14 Whiting 300 Ib/ month m & "=L 2/ 15 Mlnor Shelf Rockfish", _Shortbelly 200 lb/ month rockfish, & Widow rockfish J 16 Yellowtail rockfish 500 Ib/ month 17 Canary rockfish 150 lb/ 2 months oi 18 Yelloweye rockfish CLOSED Z 19 Minor Nearshore Rockfish & Black rockfish 20 North of 4200‘ N. lat. 5,000 Ib/ 2 months, no more than 1,200 lb of which may be species other than black rockfish o 8,500 Ib7 2 —~* months, no o more than mad 21 uw bua 1,200 lb of 7,000 Ib/ 2 months, no more than 1,200 Ib of which may be species other than Sepge® 42 00‘ N. lat. — 40 10° N. lat. which may be black rockfish species other than black rockfish 300 lb/ 22 Lingcod a 51 300 Ib/ month 700 Ib/ month month 23 Pacific cod 1,000 Ib/ 2 months 24 Spiny dogfish 200,000 Ib/ 2 months 150,000 Ib/ 2 100,000 Ib/ 2 months months 25 Longnose skate Unlimited & 6/ & 26 Oth.er FI-Sh & Cabezon in Oregon and Unlimited California 27 SALMON TROLL (subject to RCAs when retaining all species of groundfish, except for yellowmtail rockfish and lingcod, as described below) Salmon trollers may retain and land up to 1 lb of yellowtail rockfish for every 2 lbs of salmon landed, with a cumulative limit of 200 lb/month, both within and outside of the RCA. This limit is within the 200 lb per month combined limit for minor shelf rockfish, widow rockfish and yellowtail rockfish, and not in addition to that limit. 28 North Salmon trollers may retain and land up to 1 lingcod per 15 Chinook per trip, plus 1 lingcod per trip, up to a trip limit of 10 lingcod, on a trip where any fishing occurs within the RCA. This limit only applies during times when lingcod retention is allowed, and is not "CLOSED." This limit is within the per month limit for lingcod described in the table above, and not in addition to that limit. All groundfish species are subject to the open access limits, seasons, size limits and RCA restrictions listed in the table above, unless otherwise stated here.

4860 Federal Register / Vol. 83, No. 23 / Friday, February 2, 2018 / Rules and Regulations ■ 7. Table 3 (South) to part 660, subpart Table 3 (South) to Part 660, Subpart F— F, is revised to read as follows: Non-Trawl Rockfish Conservation Areas and Trip Limits for Open Access Gears South of 40≥10″ N Lat. sradovich on DSK3GMQ082PROD with RULES ER02FE18.007</GPH> VerDate Sep<11>2014 16:21 Feb 01, 2018 Jkt 244001 PO 00000 Frm 00028 Fmt 4700 Sfmt 4700 E:\FR\FM\02FER1.SGM 02FER1

Federal Register/Vol. 83, No. 23 /Friday, February 2, 2018 /Rules and Regulations 4861 Table 3 (South) to Part 660, Subpart F —— Non—Trawl Rockfish Conservation Areas and Trip Limits for Open Access Gears South of 40°10‘ N. lat. Other limits and requirements apply —— Read §§660.10 through 660.399 before using this table 01/1/2018 JAN—FEB MAR—APR MAY—JUN JUL—AUG SEP—OCT NOV—DEC Rockfish Conservation Area (RCA)“ : 1 4010‘ N. lat. — 3427 N. lat. 40 fm line"‘ — 125 fm line" 2 South of 3427 N. lat. 75 fm line"‘ — 150 fm Iine”(also applies around islands) See §§660.60 and 660.230 for additional gear, trip limit and conservation area requirements and restrictions. See §§660.70—660.74 and §§660.76—660.79 for conservation area descriptions and coordinates (including RCAs, YRCAs, CCAs, Farallon Islands, Cordell Banks, and EFHCAs). State trip limits and seasons may be more restrictive than Federal trip limits or seasons, particularly in waters off Oregon and Califomnia. Minor Slope Rockfish*‘ & 10,000 Ib/ 2 months, of which no more than 475 10,000 Ib/ 2 months, of which no more than 550 Darkblotched rockfish lb may be blackgill rockfish lb may be blackgill rockfish 4 Splitnose rockfish 200 Ib/ month 5 Sablefish 6 4010‘ N. lat. — 3600‘ N. lat. 300 Ib/ day, or 1 landing per week of up to 1,000 lb, not to exceed 2,000 Ib/ 2 months 7 South of 3600‘ N. lat. 300 Ib/ day, or 1 landing per week of up to 1,600 lb, not to exceed 3,200 Ib/ 2 months 119 V L Shortpine thornyheads and longspine 8 thornyheads 9 4010‘ N. lat. — 3427" N. lat. CLOSED 10 South of 3427 N. lat. 50 lb/ day, no more than 1,000 lIb/ 2 months 11 3,000 Ib/ month, no more than 300 lb of which may be species other than Pacific sanddabs. 12 13 Dover sole, arrowtooth flounder, 14 petrale sole, English sole, starry South of 42° N. lat., when fishing for "other flatfish," vessels using hook—and—line gear with no more 15 flounder, Other Flatfish®‘ than 12 hooks per line, using hooks no larger than "Number 2" hooks, which measure 0.44 in (11 16 mm) point to shank, and up to two 1 Ib (0.45 kg) weights per line are not subject to the RCAs. $ 17 Whiting 300 Ib/ month jg Minor Shelf Rockfish*‘, Shortbelly, (yjn0S) Widow rockfish and Chilipepper o o 400 Ib/ 2 19 40 10‘ N. lat. — 34 27‘ N. lat. 400 Ib/ 2 months months 1,500 Ib/ 2 CLOSED 20 South of 34 27‘ N. lat. months 1,500 Ib/ 2 months 21 Canary rockfish 150 lb/ 2 months 22 Yelloweye rockfish CLOSED 23 Cowcod CLOSED 24 Bronzespotted rockfish CLOSED 25 Bocaccio 500 Ib/ 2 CLOSED 500 Ib/ 2 months months Minor Nearshore Rockfish & Black 26 . rockfish 27 Shallow nearshore 1,200 Ib/ 2 CLOSED 1,200 Ib/ 2 months months 28 Deeper nearshore 1,000 Ib/ 2 CLOSED 1,000 lIb/ 2 months months 29 California scorpionfish 1,500 ID/ 2 CLOSED 1,500 lIb/ 2 months months 30 Lingcod* 100 Ib/ month CLOSED 400 Ib/ month 600 Ib/ month 400 Ib/ 150 Ib/ month month 31 Pacific cod 1,000 Ib/ 2 months 32 Spiny dogfish 200,000 Ib/ 2 months 150,000 Ib/ 2 100,000 Ib/ 2 months months 33 Longnose skate Unlimited 34 Other Fish®‘ & Cabezon Unlimited

4862 Federal Register / Vol. 83, No. 23 / Friday, February 2, 2018 / Rules and Regulations [FR Doc. 2018–02121 Filed 2–1–18; 8:45 am] BILLING CODE 3510–22–C sradovich on DSK3GMQ082PROD with RULES ER02FE18.009</GPH> VerDate Sep<11>2014 16:21 Feb 01, 2018 Jkt 244001 PO 00000 Frm 00030 Fmt 4700 Sfmt 9990 E:\FR\FM\02FER1.SGM 02FER1


Document Created: 2018-02-03 14:27:41
Document Modified: 2018-02-03 14:27:41
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 February 2, 2018.
ContactKaren Palmigiano, phone: 206-526-4491, fax: 206-526-6736, or email: [email protected]
FR Citation83 FR 4850 
RIN Number0648-BH47
CFR AssociatedFisheries; Fishing and Indian Fisheries
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