83 FR 48727 - Magnuson-Stevens Act Provisions; Fisheries Off West Coast States; Pacific Coast Groundfish Fishery; 2017-2018 Biennial Specifications and Management Measures; Inseason Adjustments
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration Federal Register Volume 83, Issue 188 (September 27, 2018)
National Oceanic and Atmospheric Administration
Federal Register Volume 83, Issue 188 (September 27, 2018)
| Page Range | 48727-48729 | |
| FR Document | 2018-20991 |
[Federal Register Volume 83, Number 188 (Thursday, September 27, 2018)] [Rules and Regulations] [Pages 48727-48729] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-20991] [[Page 48727]] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 660 [Docket No. 160808696-7010-02] RIN 0648-BI47 Magnuson-Stevens Act Provisions; Fisheries Off West Coast States; Pacific Coast Groundfish Fishery; 2017-2018 Biennial Specifications and Management Measures; Inseason Adjustments AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Final rule; inseason adjustments to biennial groundfish management measures. ----------------------------------------------------------------------- SUMMARY: This final rule announces routine inseason adjustments to management measures in California recreational groundfish fisheries. This action, which is authorized by the Pacific Coast Groundfish Fishery Management Plan, is intended to allow recreational fishing vessels to access more abundant groundfish stocks while protecting overfished and depleted stocks. DATES: This final rule is effective September 27, 2018. FOR FURTHER INFORMATION CONTACT: Karen Palmigiano, phone: 206-526-4491 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 off the coasts of Washington, Oregon, and California. The Pacific Fishery Management Council (Council) develops groundfish harvest specifications and management measures for two-year periods (i.e., a biennium). NMFS published the final rule to implement harvest specifications and management measures for the 2017-18 biennium for most species managed under the PCGFMP on February 7, 2017 (82 FR 9634). In general, the management measures set at the start of the biennial specifications cycle to help the various sectors of the fishery attain, but not exceed, the catch limits for each stock. The Council, in coordination with the States of Washington, Oregon, and California, recommends adjustments to the management measures during the fishing year to achieve this goal. Current estimates indicate higher than anticipated yelloweye rockfish catch in both the Oregon and California recreational groundfish fisheries. This higher mortality is likely the result of favorable weather conditions during the summer months, as well as increased fishing for groundfish due to a decline in salmon harvest opportunities. The most recent estimates indicate that catch may approach or exceed both the Oregon and California Federal recreational harvest guidelines (HG) for yelloweye rockfish for the 2018 fishing year. Yelloweye rockfish is currently rebuilding, but no longer overfished. The Oregon Department of Fish and Wildlife will take action through its state inseason processes to address the higher than anticipated catch of yelloweye rockfish. The California Department of Fish and Wildlife (CDFW) has already taken action on August 25, 2018, through public notice, to reduce recreational fishing impacts on yelloweye rockfish through restrictions on recreational fishing depth north of Point Conception. However, CDFW relies on modifications to the federal regulations to codify the adjusted depth restrictions needed to address their higher than anticipated harvest. Inseason changes to depth restrictions for the California recreational fishery are designated as routine management measures at Sec. 660.60(c)(3)(i) and in section 6.2.1 of the PCGFMP. Analysis of Potential Impacts At the September Council meeting, CDFW notified the Council that information through September 2, 2018, indicated that, without additional intervention beyond the depth restrictions north of Point Conception that were put in place by CDFW on August 25, 2018, the California recreational yelloweye rockfish catch would exceed the state's HG by 20 percent, or 0.81 metric tons (mt), over their 3.9 mt HG in 2018. Based on this new information, and taking into account the higher than anticipated take of yelloweye rockfish in the Oregon recreational fishery, the Council's Groundfish Management Team (GMT) examined the need for additional restrictions to California recreational depth limits by analyzing the risk to the yelloweye rockfish annual catch limit (ACL) from state recreational HG overages. The GMT determined that there is likely to be 2.8 mt of the yelloweye rockfish ACL that will go unused due to lower than anticipated catch under the research and tribal allocations. Therefore, even with catch in excess of the Oregon and California recreational HGs, there is little risk of exceeding the yelloweye rockfish ACL. The overall 2018 catch of yelloweye rockfish for all groundfish fisheries is expected to be 17.2 mt, or 86 percent, of the 20 mt ACL. Therefore, the Council recommended and NMFS is implementing, through modifications to regulations at 50 CFR 660.360(c)(3)(i)(A), more restrictive depth limits for the Northern Management Area (between 42[deg] N lat. and 40[deg]10' N lat.), San Francisco Management Area (between 38[deg]57.50' N lat. and 37[deg]11' N lat.), and the Central Management Area (between 37[deg]11' N lat. and 34[deg]27' N lat.). The Council did not recommend changes for the Mendocino Management Area (between 40[deg]10' N lat. and 38[deg]57.50' N lat.) where fishing is currently restricted to shoreward of the 20 fathom (fm) (37 m) depth contour through December 31, or the Southern Management Area (south of 34[deg]27' N lat.) where fishing is restricted to shoreward of the 60 fm (109.7 meters [m]) depth contour through December 31. Under the current regulations, recreational fishing in the Northern Management Area is prohibited seaward of the 30 fm (55 m) depth contour from May 1 through October 15 and prohibited seaward of 20 fm (37 m) from October 16 through December 31. With the implementation of this rule, recreational fishing in this management area will be restricted to shoreward of the 20 fm depth (37 m) contour (prohibited seaward of the 20 fm depth contour) through December 31. Recreational fishing is currently prohibited seaward of the 40 fm depth (73 m) contour in the San Francisco Management Area from April 15 through October 15 and seaward of the 50 fm depth contour in the Central Management Area. This rule will further restrict recreational fishing depths in these areas through December 31, 2018. Recreational fishing in the San Francisco Management Area will be prohibited to seaward of the 30 fm (55 m) depth contour (prohibited seaward of the 30 fm depth contour) and in the [[Page 48728]] Central Management Area recreational fishing will be prohibited seaward of the 40 fm (73 m) depth contour through December 31, 2018. 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 by contacting Karen Palmigiano in NMFS West Coast Region (see FOR FURTHER INFORMATION CONTACT, above), or view at the NMFS West Coast Groundfish website: http://www.westcoast.fisheries.noaa.gov/fisheries/groundfish/index.html. 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 September 27, 2018. The adjustments to management measures in this document affect recreational fisheries in 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 the final rule for the 2017-18 harvest specifications and management measures which published on February 7, 2017 (82 FR 9634). At its September 2018 meeting, the Council recommended changes to the depth restrictions for recreational fishery management areas off of California be implemented as soon as possible to conform to action already taken by CDFW to prevent recreational catch from further exceeding the state recreational HG for yelloweye rockfish. Without immediate Federal action, there is the potential that yelloweye rockfish impacts would exceed what is expected under the new restrictions, possibly resulting in harvest beyond the yelloweye rockfish ACL. Exceeding an ACL could result in area closures, reduced bag limits, and, in the worst case, a complete recreational fishery closure. According to CDFW, recreational anglers make, on average, more than 100,000 trips in all five management areas in October and November each year. Prematurely closing the fishery or severely limiting recreational fishing by closing certain areas would result in economic harm to those communities that rely on recreational fishing. Additionally, there was not sufficient time after the September 2018 Council meeting for 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 and California taking effective and efficient action to prevent further impacts to yelloweye rockfish and prevent the potential harm that would result from more restrictive fishery management measures (i.e. area restrictions or closures) in October and November. NMFS and the Council used the best available science when considering the risk to the yelloweye ACL and determined that these depth-based restrictions will move vessels to shallower waters where they are less likely to encounter yelloweye rockfish, while also providing the recreational fishing opportunity that benefits local communities. It is in the public interest in California to allow the recreational fishery to remain open for the remainder of the year. Recreational fishing in California contributes revenue to the coastal communities of that state, and closing the fishery for a portion or remainder of the year would cause adverse economic impacts to those communities. This action, if implemented quickly, is anticipated to provide recreational fishing opportunity for the duration of the year while keeping yelloweye rockfish harvest within the ACL, and is consistent with the best scientific information available. List of Subjects in 50 CFR Part 660 Fisheries, Fishing, and Indian fisheries. Dated: September 21, 2018. Margo B. Schulze-Haugen, 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. In Sec. 660.360, revise paragraphs (c)(3)(i)(A)(1) through (4) to read as follows: Sec. 660.360 Recreational fishery--management measures. * * * * * (c) * * * (3) * * * (i) * * * (A) * * * (1) Between 42[deg] N lat. (California/Oregon border) and 40[deg]10' N lat. (Northern Management Area), recreational fishing for all groundfish (except petrale sole, starry flounder, and ``other flatfish'' as specified in paragraph (c)(3)(iv) of this section) is closed entirely from January 1 through April 30; is prohibited seaward of the 30 fm (55 m) depth contour along the mainland coast and along islands and offshore seamounts from May 1 through September 27, 2018 (shoreward of 30 fm is open); and is prohibited seaward of the 20 fm (37 m) depth contour along the mainland coast and along islands and offshore seamounts from September 27, 2018 through December 31 (shoreward of 20 fm is open). Coordinates for the boundary line approximating the 20 (37 m) and 30 fm (55 m) depth contours are listed in Sec. 660.71. (2) Between 40[deg]10' N lat. and 38[deg]57.50' N lat. (Mendocino Management Area), recreational fishing for all groundfish (except petrale sole, starry flounder, and ``other flatfish'' as specified in paragraph (c)(3)(iv) of this section) is closed entirely from January 1 through April 30, and is prohibited seaward of the 20 fm (37 m) depth contour along the mainland coast and along islands and offshore seamounts from May 1 through December 31 (shoreward of 20 fm is open). Coordinates for the boundary line approximating the 20 fm depth contour are listed in Sec. 660.71. (3) Between 38[deg]57.50' N lat. and 37[deg]11' N lat. (San Francisco Management Area), recreational fishing for all groundfish (except petrale sole, starry flounder, and ``other flatfish'' as specified in paragraph (c)(3)(iv) of this section) is closed entirely from January 1 through April 14; is prohibited seaward of the boundary line approximating the 40 fm (73 m) depth contour along the mainland coast and along islands and offshore seamounts from April 15 through September 27, 2018; and is prohibited seaward of the boundary line approximating the 30 fm (55 m) depth contour along the mainland coast and along islands and offshore seamounts from September 27, 2018 through December 31. Closures [[Page 48729]] around Cordell Banks (see paragraph (c)(3)(i)(C) of this section) also apply in this area. Coordinates for the boundary line approximating the 30 (55 m) and 40 fm (73 m) depth contours are listed in Sec. 660.71. (4) Between 37[deg]11' N lat. and 34[deg]27' N lat. (Central Management Area), recreational fishing for all groundfish (except petrale sole, starry flounder, and ``other flatfish'' as specified in paragraph (c)(3)(iv) of this section) is closed entirely from January 1 through March 31 (i.e., prohibited seaward of the shoreline); is prohibited seaward of a boundary line approximating the 50 fm (91 m) depth contour along the mainland coast and along islands and offshore seamounts from April 1 through September 27, 2018; and, is prohibited seaward of a boundary line approximating the 40 fm (73 m) depth contour along the mainland coast and along islands and offshore seamounts from September 27, 2018 through December 31. Coordinates for the boundary line approximating the 40 fm (73 m) depth contour are specified at Sec. 660.71 and the 50 fm (91 m) depth contour are specified in Sec. 660.72. * * * * * [FR Doc. 2018-20991 Filed 9-26-18; 8:45 am] BILLING CODE 3510-22-P
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DEPARTMENT OF COMMERCE and management measures for the recreational fishery, the Council’s
2017–18 biennium for most species Groundfish Management Team (GMT)
National Oceanic and Atmospheric managed under the PCGFMP on examined the need for additional
Administration February 7, 2017 (82 FR 9634). In restrictions to California recreational
general, the management measures set at depth limits by analyzing the risk to the
50 CFR Part 660 the start of the biennial specifications yelloweye rockfish annual catch limit
cycle to help the various sectors of the (ACL) from state recreational HG
[Docket No. 160808696–7010–02]
fishery attain, but not exceed, the catch overages. The GMT determined that
RIN 0648–BI47 limits for each stock. The Council, in there is likely to be 2.8 mt of the
coordination with the States of yelloweye rockfish ACL that will go
Magnuson-Stevens Act Provisions; Washington, Oregon, and California, unused due to lower than anticipated
Fisheries Off West Coast States; recommends adjustments to the catch under the research and tribal
Pacific Coast Groundfish Fishery; management measures during the allocations. Therefore, even with catch
2017–2018 Biennial Specifications and fishing year to achieve this goal. in excess of the Oregon and California
Management Measures; Inseason Current estimates indicate higher than recreational HGs, there is little risk of
Adjustments anticipated yelloweye rockfish catch in exceeding the yelloweye rockfish ACL.
both the Oregon and California The overall 2018 catch of yelloweye
AGENCY: National Marine Fisheries recreational groundfish fisheries. This rockfish for all groundfish fisheries is
Service (NMFS), National Oceanic and higher mortality is likely the result of expected to be 17.2 mt, or 86 percent,
Atmospheric Administration (NOAA), favorable weather conditions during the of the 20 mt ACL.
Commerce. summer months, as well as increased Therefore, the Council recommended
ACTION: Final rule; inseason adjustments fishing for groundfish due to a decline and NMFS is implementing, through
to biennial groundfish management in salmon harvest opportunities. The modifications to regulations at 50 CFR
measures. most recent estimates indicate that catch 660.360(c)(3)(i)(A), more restrictive
may approach or exceed both the depth limits for the Northern
SUMMARY: This final rule announces Oregon and California Federal Management Area (between 42° N lat.
routine inseason adjustments to recreational harvest guidelines (HG) for and 40°10′ N lat.), San Francisco
management measures in California yelloweye rockfish for the 2018 fishing Management Area (between 38°57.50′ N
recreational groundfish fisheries. This year. Yelloweye rockfish is currently lat. and 37°11′ N lat.), and the Central
action, which is authorized by the rebuilding, but no longer overfished. Management Area (between 37°11′ N
Pacific Coast Groundfish Fishery The Oregon Department of Fish and lat. and 34°27′ N lat.). The Council did
Management Plan, is intended to allow Wildlife will take action through its not recommend changes for the
recreational fishing vessels to access state inseason processes to address the Mendocino Management Area (between
more abundant groundfish stocks while higher than anticipated catch of 40°10′ N lat. and 38°57.50′ N lat.) where
protecting overfished and depleted yelloweye rockfish. The California fishing is currently restricted to
stocks. Department of Fish and Wildlife shoreward of the 20 fathom (fm) (37 m)
DATES:This final rule is effective (CDFW) has already taken action on depth contour through December 31, or
September 27, 2018. August 25, 2018, through public notice, the Southern Management Area (south
to reduce recreational fishing impacts of 34°27′ N lat.) where fishing is
FOR FURTHER INFORMATION CONTACT:
on yelloweye rockfish through restricted to shoreward of the 60 fm
Karen Palmigiano, phone: 206–526–
restrictions on recreational fishing (109.7 meters [m]) depth contour
4491 or email: karen.palmigiano@ depth north of Point Conception. through December 31.
noaa.gov. However, CDFW relies on modifications Under the current regulations,
SUPPLEMENTARY INFORMATION: to the federal regulations to codify the recreational fishing in the Northern
adjusted depth restrictions needed to Management Area is prohibited seaward
Electronic Access
address their higher than anticipated of the 30 fm (55 m) depth contour from
This rule is accessible via the internet harvest. Inseason changes to depth May 1 through October 15 and
at the Office of the Federal Register restrictions for the California prohibited seaward of 20 fm (37 m) from
website at https://www.federalregister. recreational fishery are designated as October 16 through December 31. With
gov. Background information and routine management measures at the implementation of this rule,
documents are available at the Pacific § 660.60(c)(3)(i) and in section 6.2.1 of recreational fishing in this management
Fishery Management Council’s website the PCGFMP. area will be restricted to shoreward of
at http://www.pcouncil.org/. the 20 fm depth (37 m) contour
Analysis of Potential Impacts (prohibited seaward of the 20 fm depth
Background At the September Council meeting, contour) through December 31.
The Pacific Coast Groundfish Fishery CDFW notified the Council that Recreational fishing is currently
Management Plan (PCGFMP) and its information through September 2, 2018, prohibited seaward of the 40 fm depth
implementing regulations at title 50 in indicated that, without additional (73 m) contour in the San Francisco
the Code of Federal Regulations (CFR), intervention beyond the depth Management Area from April 15
part 660, subparts C through G, regulate restrictions north of Point Conception through October 15 and seaward of the
fishing for over 90 species of groundfish that were put in place by CDFW on 50 fm depth contour in the Central
off the coasts of Washington, Oregon, August 25, 2018, the California Management Area. This rule will further
and California. The Pacific Fishery recreational yelloweye rockfish catch restrict recreational fishing depths in
daltland on DSKBBV9HB2PROD with RULES
Management Council (Council) would exceed the state’s HG by 20 these areas through December 31, 2018.
develops groundfish harvest percent, or 0.81 metric tons (mt), over Recreational fishing in the San
specifications and management their 3.9 mt HG in 2018. Based on this Francisco Management Area will be
measures for two-year periods (i.e., a new information, and taking into prohibited to seaward of the 30 fm (55
biennium). NMFS published the final account the higher than anticipated take m) depth contour (prohibited seaward of
rule to implement harvest specifications of yelloweye rockfish in the Oregon the 30 fm depth contour) and in the
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![Federal Register / Vol. 83, No. 188 / Thursday, September 27, 2018 / Rules and Regulations 48729
around Cordell Banks (see paragraph paragraph (c)(3)(iv) of this section) is contour along the mainland coast and
(c)(3)(i)(C) of this section) also apply in closed entirely from January 1 through along islands and offshore seamounts
this area. Coordinates for the boundary March 31 (i.e., prohibited seaward of the from September 27, 2018 through
line approximating the 30 (55 m) and 40 shoreline); is prohibited seaward of a December 31. Coordinates for the
fm (73 m) depth contours are listed in boundary line approximating the 50 fm boundary line approximating the 40 fm
§ 660.71. (91 m) depth contour along the (73 m) depth contour are specified at
(4) Between 37°11′ N lat. and 34°27′ mainland coast and along islands and § 660.71 and the 50 fm (91 m) depth
N lat. (Central Management Area), offshore seamounts from April 1 contour are specified in § 660.72.
recreational fishing for all groundfish through September 27, 2018; and, is * * * * *
(except petrale sole, starry flounder, and prohibited seaward of a boundary line [FR Doc. 2018–20991 Filed 9–26–18; 8:45 am]
‘‘other flatfish’’ as specified in approximating the 40 fm (73 m) depth BILLING CODE 3510–22–P
daltland on DSKBBV9HB2PROD with RULES
VerDate Sep<11>2014 16:04 Sep 26, 2018 Jkt 244001 PO 00000 Frm 00027 Fmt 4700 Sfmt 9990 E:\FR\FM\27SER1.SGM 27SER1](https://thefederalregister.org/doc/83_FR_48915/page/3.svg)
Document Created: 2018-09-27 01:04:23
Document Modified: 2018-09-27 01:04:23
| 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 September 27, 2018. | |
| Contact | Karen Palmigiano, phone: 206-526-4491 or email: [email protected] | |
| FR Citation | 83 FR 48727 | |
| RIN Number | 0648-BI47 | |
| CFR Associated | Fisheries; Fishing and Indian Fisheries |
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