Rule2021-12107
Magnuson-Stevens Act Provisions; Fisheries Off West Coast States; Pacific Coast Groundfish Fishery; 2021-2022 Biennial Specifications and Management Measures; Inseason Adjustments
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
June 9, 2021
Effective
June 9, 2021
Issuing agencies
Commerce DepartmentNational Oceanic and Atmospheric Administration
Abstract
This final rule announces routine inseason adjustments to the harvest limits for incidental lingcod retention in the salmon troll fishery north of 40[deg]10' N lat.
Full Text
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<title>Federal Register, Volume 86 Issue 109 (Wednesday, June 9, 2021)</title>
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[Federal Register Volume 86, Number 109 (Wednesday, June 9, 2021)]
[Rules and Regulations]
[Pages 30551-30554]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-12107]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 660
[Docket No. 201204-0325]
RIN 0648-BK58
Magnuson-Stevens Act Provisions; Fisheries Off West Coast States;
Pacific Coast Groundfish Fishery; 2021-2022 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 routine inseason adjustments to the
harvest limits for incidental lingcod retention in the salmon troll
fishery north of 40[deg]10' N lat.
DATES: This final rule is effective June 9, 2021.
ADDRESSES:
Electronic Access
This rule is accessible via the internet at the Office of the
Federal Register website at <a href="https://www.federalregister.gov">https://www.federalregister.gov</a>. Background
information and documents are available at the Pacific Fishery
Management Council's website at <a href="http://www.pcouncil.org/">http://www.pcouncil.org/</a>.
FOR FURTHER INFORMATION CONTACT: Gretchen Hanshew, phone: 206-526-6147
or email: <a href="/cdn-cgi/l/email-protection#5a3d283f2e39323f3474323b3429323f2d1a34353b3b743d352c"><span class="__cf_email__" data-cfemail="fa9d889f8e99929f94d4929b9489929f8dba94959b9bd49d958c">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
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 2021-2022
biennium for most species managed under the PCGFMP on December 11, 2020
(85 FR 79880). NMFS also published a correction (85 FR 86853, December
31, 2020) and correcting amendments (86 FR 14379, March 16, 2021; 86 FR
27816, May 24, 2021) to implement the Council's recommendations for the
2021-2022 harvest specifications and management measures.
The management measures set at the start of the biennial harvest
specifications cycle help the sectors of the fishery attain, but not
exceed, the catch limits for each stock. The Council, in coordination
with Pacific Coast Treaty Indian Tribes and the states of Washington,
Oregon, and California, recommends adjustments to the management
measures during the fishing year to achieve this goal. At the April 8-9
and 12-15, 2021, virtual meetings, the Council recommended adjusting
the incidental retention allowance for lingcod in the salmon troll
fishery north of 40[deg]10' N lat.
Lingcod Retention in the Salmon Troll Fishery
The commercial fishery for salmon using trolled hook and line gear
operates off Washington, Oregon, and California, usually beginning in
the spring. This fishery is managed by NMFS and co-managers (states and
the tribes) to harvest, but not exceed, salmon harvest targets that are
set annually, based on the best available scientific information.
Participants in the salmon troll fishery are not prohibited from
fishing for salmon in areas that are closed to groundfish fishing, like
the non-trawl Rockfish Conservation Area (RCA). Salmon trollers,
however, when fishing in the RCA north of 40[deg]10' N. lat., are
prohibited from retaining groundfish with two exceptions; yellowtail
rockfish and lingcod may be retained in limited quantities and subject
to an incidental retention ratio of groundfish to Chinook salmon.
The 2021-2022 harvest specifications and management measures final
rule, published on December 11, 2020 (85 FR 79880), maintained the
existing
[[Page 30552]]
incidental retention ratio for lingcod, which was last revised in 2019.
At the April 8-9 and 12-15, 2021, virtual meeting, the Council
recommended a change in the incidental retention ratio to increase the
number of incidentally caught lingcod that may be retained per Chinook
salmon.
As described in the 2019-2020 harvest specifications and management
measures Environmental Assessment, the Council's objectives with the
lingcod landing ratio in the salmon troll fishery coupled with a per
trip maximum retention limit are to allow incidentally caught lingcod
to be landed. The intent of this ratio is to strike a balance between
providing a modest economic benefit to the salmon troll fishery and
reducing regulatory discards of lingcod, while also dissuading
targeting of lingcod and not preempting targeted lingcod harvest
opportunities in the groundfish fishery.
The most recent stock assessment (2017) indicates that biomass of
lingcod has been increasing since 1999. Salmon trollers also testified
at the April Council meeting that they are catching lingcod more often
than in previous years when targeting Chinook salmon. While lingcod are
increasing in abundance, Chinook salmon harvest opportunities are
becoming more restricted. Landings and numbers of trips, which are
indicators of fishing effort, for Chinook salmon in 2020 were the
lowest since 2011, which is likely due to effects of the COVID-19
pandemic, as well as restricted Chinook salmon harvest opportunities in
low abundance years. With low Chinook salmon harvest in 2020, lingcod
reached its highest revenue contributions to salmon troll fishermen.
This indicates that lingcod is contributing to fishing portfolios of
some salmon troll fishermen, though the number of salmon troll vessels
that retain lingcod (approximately 13.5 percent) has remained fairly
steady since 2011. In response to these changes, at the April Council
meeting, industry requested a change in the incidental lingcod
retention ratio in the salmon troll fishery to allow for increased
lingcod retention. Industry did not request a change to the incidental
lingcod retention trip limit of ten lingcod or to any of the other
lingcod harvest limits.
In response to industry's request, the Council considered most
recently available scientific and fishery information, including but
not limited to harvest levels in the salmon troll fishery in recent
years, mortality estimates for 2019, and forecasts for ocean salmon
fisheries. Based on this information, the Council recommended a change
to the lingcod landing ratio in the salmon troll fishery.
The Council's recommendation to the incidental lingcod retention
ratio in the salmon troll fishery was based on:
(1) A lack of evidence that salmon trollers were targeting lingcod
during Chinook salmon trips under the 2019 and 2020 landing ratio:
(2) Predicted harvests of lingcod and co-occurring yelloweye
rockfish that are expected to remain well within the 2021 Annual Catch
Limits, while not preempting targeted groundfish fishing opportunities;
(3) anecdotal information about an increasing lingcod encounter
rate in the salmon troll fishery; and
(4) the economic benefits of reducing regulatory discards and
allowing retention of lingcod, particularly in Chinook salmon low
abundance years.
Therefore, the Council recommended, and NMFS is implementing, a
change in the incidental lingcod retention ratio in the salmon troll
fishery north of 40[deg]10' N. lat. from a ratio of one lingcod per
five Chinook salmon to a ratio of one lingcod per two Chinook salmon.
The rules allowing a ``plus one'' lingcod in addition to the ratio, a
ten lingcod per trip limit, and a 1,000 lbs/month limit would remain in
place.
Classification
This final rule makes routine inseason adjustments to groundfish
fishery management measures, based on the best scientific information
available, 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 Abbie Moyer in NMFS West Coast
Region (see FOR FURTHER INFORMATION CONTACT, above), or view at the
NMFS West Coast Groundfish website: <a href="http://www.westcoast.fisheries.noaa.gov/fisheries/groundfish/index.html">http://www.westcoast.fisheries.noaa.gov/fisheries/groundfish/index.html</a>.
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 fisheries off the coasts of Washington,
Oregon, and northern California. No aspect of this action is
controversial, and changes of this nature were anticipated in the final
rule for the 2021-2022 harvest specifications and management measures
which was published on December 11, 2020 (85 FR 79880). Accordingly,
for the reasons stated below, NMFS finds good cause to waive prior
notice and comment.
At its April 2021 meeting, the Council recommended changing the
retention ratio of lingcod to Chinook salmon in the salmon troll
fishery to allow lingcod to be retained up to the status quo ten
lingcod trip limit even if fewer Chinook salmon are on board. The
Council recommends relieving the restriction imposed by the ratio as
soon as possible, early in the salmon troll season, in an effort to
reduce regulatory discards of lingcod in the salmon troll fishery north
of 40[deg]10' N. lat. The 2020 fishery information upon which this
recommendation is based, was not complete and available until early
2021, and therefore could not have been used during the development of
the 2021-2022 harvest specifications and management measures.
Additionally, if the new retention ratio is not implemented until
closer to the end of the Chinook salmon troll season, after proposed
and final rulemaking, lingcod would continue to be discarded rather
than retained. Leaving the old ratio in place would fail to meet the
Councils objectives to reduce regulatory discards of lingcod, and to
provide economic benefits to the salmon troll fishery while not
preempting directed groundfish fisheries. Therefore, providing a
comment period for this action could limit the benefits to the salmon
troll fishery, and the vessels that participate in it.
Because prior notice and an opportunity for public comment are not
required to be provided for this rule by 5 U.S.C. 553, or any other
law, the analytical requirements of the Regulatory Flexibility Act, 5
U.S.C. 601 et seq., are not applicable. Accordingly, no Regulatory
Flexibility Analysis is required for this rule and none has been
prepared.
For the same reasons stated above, NMFS has determined good cause
exists to waive the 30-day delay in effectiveness pursuant to 5 U.S.C.
553(d) so that this final rule may become effective upon publication in
the Federal Register. The adjustments to management measures in this
document affect commercial fisheries by changing the lingcod to Chinook
salmon retention ratio in the salmon troll fishery north of 40[deg]10'
N lat. This adjustment was requested by the Council's advisory bodies,
as well as members of industry, during the Council's April 2021,
meeting, and recommended unanimously by the Council. No aspect of this
action is controversial, and
[[Page 30553]]
changes of this nature were anticipated in the biennial harvest
specifications and management measures established through a notice and
comment rulemaking for 2021-2022 (85 FR 79880, December 11, 2020).
List of Subjects in 50 CFR Part 660
Fisheries, Fishing, Indian fisheries.
Dated: June 4, 2021.
Jennifer M. Wallace,
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. Revise Table 3 (North) to part 660, subpart F, to read as follows:
BILLING CODE 3510-22-P
[[Page 30554]]
[GRAPHIC] [TIFF OMITTED] TR09JN21.039
[FR Doc. 2021-12107 Filed 6-8-21; 8:45 am]
BILLING CODE 3510-22-C
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</html>Indexed from Federal Register on June 9, 2021.
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