Rule2021-26659
Fisheries Off West Coast States; Emergency Action to Temporarily Reopen the Sablefish Primary Fishery Season for Vessels Using Pot Gear
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Published
December 10, 2021
Effective
December 10, 2021
Issuing agencies
Commerce DepartmentNational Oceanic and Atmospheric Administration
Abstract
This emergency rule temporarily reopens the 2021 sablefish primary fishery for vessels using pot/trap gear effective December 10, 2021, to December 31, 2021. This action is necessary to provide operational flexibility so that vessels in the sablefish primary fishery are able to fully harvest their tier limits despite high economic uncertainty in 2021.
Full Text
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<title>Federal Register, Volume 86 Issue 235 (Friday, December 10, 2021)</title>
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[Federal Register Volume 86, Number 235 (Friday, December 10, 2021)]
[Rules and Regulations]
[Pages 70420-70422]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-26659]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 660
[Docket No. 211203-0251]
RIN 0648-BL01
Fisheries Off West Coast States; Emergency Action to Temporarily
Reopen the Sablefish Primary Fishery Season for Vessels Using Pot Gear
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Temporary rule; emergency action.
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SUMMARY: This emergency rule temporarily reopens the 2021 sablefish
primary fishery for vessels using pot/trap gear effective December 10,
2021, to December 31, 2021. This action is necessary to provide
operational flexibility so that vessels in the sablefish primary
fishery are able to fully harvest their tier limits despite high
economic uncertainty in 2021.
DATES: Effective December 10, 2021, until December 31, 2021.
ADDRESSES:
Electronic Access
This emergency rule and supporting documents, including a
Supplemental Information Report prepared for this action, are
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 also available at the NMFS West Coast Region website at:
<a href="https://www.fisheries.noaa.gov/species/west-coast-groundfish">https://www.fisheries.noaa.gov/species/west-coast-groundfish</a> and at the
Pacific Fishery Management Council's website at <a href="https://www.pcouncil.org/managed_fishery/groundfish/">https://www.pcouncil.org/managed_fishery/groundfish/</a>.
FOR FURTHER INFORMATION CONTACT: Abbie Moyer, phone: 206-305-9601, or
email: <a href="/cdn-cgi/l/email-protection#efae8d8d868ac18280968a9daf81808e8ec1888099"><span class="__cf_email__" data-cfemail="bbfad9d9d2de95d6d4c2dec9fbd5d4dada95dcd4cd">[email protected]</span></a>.
[[Page 70421]]
SUPPLEMENTARY INFORMATION: The primary sablefish fishery tier program
is a limited access privilege program set up under Amendment 14 to the
Pacific Coast Groundfish Fishery Management Plan (PCGFMP); which was
approved by the Pacific Fishery Management Council (Council) in 2000
and was implemented by NMFS in 2001 (66 FR 41152, August 7, 2001).
Participants hold limited entry permits with a pot gear and/or longline
gear endorsement and a sablefish endorsement.
Under Amendment 14, as set out in 50 CFR 660.231, the permit holder
of a sablefish-endorsed permit receives a tier limit, which is an
annual share of the sablefish catch allocation to this sector. NMFS
sets three different tier limits through the biennial harvest
specifications and management measures process (for the 2021 limits,
see 85 FR 79880, December 11, 2020); and up to three permits may be
stacked at one time on a vessel participating in the fishery. Stacked
tier limits are combined to provide a cumulative catch limit for that
vessel. After vessels have caught their full tier limits, they are
allowed to move into other fisheries for sablefish, specifically the
daily trip limit (DTL) fishery or the open access fishery, or fisheries
for other species.
Under Amendment 14, the sablefish primary season has historically
been open from April 1 through October 31 of each year, though
individual permit holders may only fish up to their tier limits so may
be required to cease fishing prior to October 31. These season dates
were put into regulation during the development and implementation of
the fishery under Amendment 14. Prior to the implementation of
Amendment 14, the sablefish fishery had operated as a `derby' style
fishery, with a season length lasting a few weeks to a few days. Under
Amendment 14, the fishery began operating under a 7-month season. The
7-month season structure, as opposed to a year-long season, was
intended to allow for timely catch accounting so that the sector
allocation was not exceeded.
At the September 2021 Council meeting, the Council's Groundfish
Management Team (GMT) provided analysis of the 2021 sablefish primary
fishery participation and performance compared to prior years of the
fishery. The GMT demonstrated in their analysis that from 2011 to 2019,
annual attainment averaged over 90 percent of total sablefish tier
allocations, with 65 percent harvested between April and mid-September.
By contrast, the GMT showed the fishery in 2021 has only attained 42
percent of its allocation as of mid-September. This underattainment is
attributed to unforeseen delays related to the ongoing COVID-19
pandemic that have resulted in management problems for the harvesting
fleet, processors and sales managers to catch, process and market
sablefish in a timely manner within the current sablefish primary
fishery season of April 1, 2021, to October 31, 2021. The GMT estimated
that if the sablefish primary fishery season closed on October 31,
2021, the fishery would only attain 64 percent of its allocation, which
equates to about $2.76 million in lost ex-vessel revenue and additional
economic benefits for coastal communities. Because of this risk and
uncertainty, members of industry and the Council Groundfish Advisory
Subpanel (GAP) and GMT advisory bodies recommended the Council take
emergency action to extend the sablefish primary fishery season in 2021
to reduce economic hardships.
The Council reviewed the information provided by the GMT and by
fishery stakeholders and discussed options to provide relief to
commercial fishermen in this sector from economic losses as a result of
the recent unforeseen events associated with the ongoing COVID-19
pandemic that began in approximately March 2020. These unforeseen
events have adversely affected commercial fishermen throughout the
Council's jurisdiction for an extended period of time. These events
have also caused serious management problems by making it more
difficult to achieve optimum yield (OY) for sablefish.
On October 29, 2021, NMFS took emergency action to extend the
sablefish primary fishery season for vessels using bottom longline gear
from October 31 to December 31 for the 2021 fishing year (86 FR 59873).
The emergency action also extended the incidental halibut retention
allowance for the sablefish primary fishery, north of Point Chehalis,
Washington, from October 31 to December 7, 2021. The Council
recommended the emergency extension for the sablefish primary fishery,
which includes vessels fishing with longline and/or pot gear. Due to
lack of a Marine Mammal Protection Act (MMPA) section 101(a)(5)(E)
permit for sablefish pot gear, however, NMFS only issued the temporary
season extension for vessels using bottom longline gear.
On October 22, 2021, NMFS published a notice of proposed issuance
of a MMPA section 101(a)(5)(E) permit and proposed negligible impact
determination (NID) (86 FR 58641). On December 10, 2021, NMFS will
issue a MMPA section 101(a)(5)(E) permit for the sablefish pot gear
fishery.
Criteria and Justification for Emergency Action
Section 305(c) of the Magnuson-Stevens Fishery Conservation and
Management Act (Magnuson-Stevens Act) authorizes the Secretary of
Commerce to implement emergency regulations to address fishery
emergencies. NMFS' Policy Guidelines for the Use of Emergency Rules (62
FR 44421; August 21, 1997) list three criteria for determining whether
an emergency exists. Specifically, NMFS' policy guidelines require that
an emergency: (1) Result from recent, unforeseen events or recently
discovered circumstances; (2) present serious conservation or
management problems in the fishery; and (3) can be addressed through
emergency regulations for which the immediate benefits outweigh the
value of advance notice, public comment, and deliberative consideration
of the impacts on participants to the same extent as would be expected
under the normal rulemaking process.
NMFS has evaluated all relief mechanisms, and given the limited
time remaining in the sablefish primary fishery season extension, an
emergency action to reopen the fishery for vessels using pot/trap gear
is the only mechanism sufficient to provide participants access to
their quota. NMFS is issuing this emergency rule in compliance with
these guidelines to prevent significant direct economic loss and
preserve economic opportunities that otherwise might be foregone.
This emergency action will help the fishery achieve, but not
exceed, the allocation of sablefish to the sablefish primary fishery,
and the sablefish annual catch limit. NMFS evaluated the anticipated
effects of this emergency action and determined that the effects fall
within those described in the Environmental Assessment for the 2021-
2022 Groundfish Harvest Specifications and Management Measures; which
is tiered from the Harvest Specifications and Management Measures for
2015-2016 and Biennial Periods Thereafter Final Environmental Impact
Statement (EIS) which discloses the longer-term framework and
environmental impacts of the biennial specifications process. NMFS
documented this decision-making process in a Supplemental Information
Report (see ADDRESSES).
Emergency Measures
Effective December 10, 2021, this action temporarily reopens the
2021 sablefish primary season for limited entry, sablefish-endorsed
vessels using
[[Page 70422]]
pot/trap gear North of 36[deg] N lat., to December 31, 2021 as defined
at 50 CFR 660.11.
Classification
The NMFS Assistant Administrator has determined that this emergency
rule is consistent with the PCGFMP, section 305(c) and other provisions
of the Magnuson-Stevens Act, the Administrative Procedure Act (APA),
and other applicable law. Pursuant to 5 U.S.C. 553(b)(B), the Assistant
Administrator for Fisheries finds good cause to waive prior notice and
the opportunity for public comment because it would be impracticable
and contrary to the public interest.
The Council made an emergency modification to their September 2021
meeting agenda to consider taking emergency action in response to
requests from industry representatives, the Groundfish Advisory Panel,
and the public. These entities raised concerns that many vessels would
be unable to harvest their allocations before the sablefish primary
fishery season closed due to unforeseen issues resulting from
restrictions associated with the COVID-19 pandemic. Providing prior
notice through proposed rulemaking and public comment period in the
normal rulemaking process would be counter to public interest by
delaying implementation of emergency measures intended to address a
time-sensitive management problem. Further delays to extend the season
through emergency action would jeopardize the ability of sablefish
primary fishery participants to land allocations, and avoid economic
hardship. For the reasons outlined above, NMFS finds it impracticable
and contrary to the public interest to provide prior opportunity to
comment on these emergency measures.
Additionally, this rule is exempt from the 30-day delayed
effectiveness provision of the APA under 5 U.S.C. 553(d)(3) because it
would be counter to public interest to delay implementation of
emergency measures intended to address a time-sensitive management
problem, consistent to the rationale described above. Waiving the 30-
day delayed effectiveness for this rule is necessary allow maximum
socioeconomic benefits to the fishery and coastal communities in
Washington, Oregon, and California. Not extending the sablefish primary
fishery season for vessels using pot/trap gear would present immediate
serious economic impacts without contributing to the economic goals of
the sablefish tier program.
This action is being taken pursuant to the emergency provision of
Magnuson-Stevens Act and is exempt from Office of Management and Budget
(OMB) review. This final rule has been determined to be not significant
for purposes of Executive Order 12866.
This emergency rule is exempt from the procedures of the Regulatory
Flexibility Act because the rule is issued without opportunity for
prior notice and opportunity for public comment.
This action does not contain a collection-of-information
requirements for purposes of the Paperwork Reduction Act.
List of Subjects in 50 CFR Part 660
Fisheries, Fishing, Indian fisheries.
Dated: December 6, 2021.
Samuel D. Rauch, III
Deputy Assistant Administrator for Regulatory Programs, National Marine
Fisheries Service.
For the reasons set out in the preamble, 50 CFR part 660 is amended
as follows:
PART 660--FISHERIES OFF WEST COAST STATES
0
1. The authority citation for part 660 continues to read as follows:
Authority: 16 U.S.C. 1801 et seq., 16 U.S.C. 773 et seq., and
16 U.S.C. 7001 et seq.
0
2. In Sec. 660.25, add paragraphs (b)(4)(v)(C)(2) and (b)(4)(vi)(D)(3)
to read as follows:
Sec. 660.25 Permits.
* * * * *
(b) * * *
(4) * * *
(v) * * *
(C) * * *
(2) Emergency rule extending sablefish primary season for vessels
using pot gear. Effective December 10, 2021, until December 31, 2021,
notwithstanding any other section of this part, the primary sablefish
season described at Sec. 660.231 is extended until December 31 for
vessels registered to a sablefish-endorsed limited entry permit using
pot/trap gear, as defined at Sec. 660.11.
* * * * *
(vi) * * *
(D) * * *
(3) Emergency rule extending sablefish primary season for vessels
using pot gear. Effective December 10, 2021, until December 31, 2021,
notwithstanding any other section of this part, the primary sablefish
season described at Sec. 660.231 is extended until December 31 for
vessels registered to a sablefish-endorsed limited entry permit using
pot/trap gear, as defined at Sec. 660.11.
* * * * *
0
3. In Sec. 660.213, add paragraph (d)(2)(ii) to read as follows:
Sec. 660.213 Fixed gear fishery--recordkeeping and reporting.
* * * * *
(d) * * *
(2) * * *
(ii) Emergency rule extending sablefish primary season for vessels
using pot gear. Effective December 10, 2021, until December 31, 2021,
notwithstanding any other section of this part, the primary sablefish
season described at Sec. 660.231 is extended until December 31 for
vessels registered to a sablefish-endorsed limited entry permit using
pot/trap gear, as defined at Sec. 660.11.
* * * * *
0
4. In Sec. 660.231, add paragraph (b)(1)(ii) to read as follows:
Sec. 660.231 Limited entry fixed gear sablefish primary fishery.
* * * * *
(b) * * *
(1) * * *
(ii) Emergency rule extending sablefish primary season for vessels
using pot gear. Effective December 10, 2021, until December 31, 2021,
notwithstanding any other section of this part, North of 36[deg] N
lat., the sablefish primary season for the limited entry, fixed gear,
sablefish-endorsed vessels using pot/trap gear, as defined at Sec.
660.11, closes at 12 midnight local time on December 31, or closes for
an individual vessel owner when the tier limit for the sablefish
endorsed permit(s) registered to the vessel has been reached, whichever
is earlier, unless otherwise announced by the Regional Administrator
through the routine management measures process described at Sec.
660.60(c).
* * * * *
[FR Doc. 2021-26659 Filed 12-9-21; 8:45 am]
BILLING CODE 3510-22-P
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