# Magnuson-Stevens Act Provisions; Fisheries Off West Coast States; Biennial Specifications and Management Measures; Inseason Adjustments
**AGENCY:**
National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce.
**ACTION:**
Final rule; inseason adjustments to biennial groundfish management measures.
**SUMMARY:**
This final rule announces inseason changes to management measures in the Pacific Coast groundfish fisheries. This action, which is authorized by the Pacific Coast Groundfish Fishery Management Plan (PCGFMP), is intended to allow fisheries to access more abundant groundfish stocks while protecting overfished and depleted stocks.
**DATES:**
Effective 0001 hours (local time) November 12, 2014.
**FOR FURTHER INFORMATION CONTACT:**
Gretchen Hanshew (West Coast Region, NMFS), phone: 206-526-6147, fax: 206-526-6736, *[email protected].*
**SUPPLEMENTARY INFORMATION:**
**Electronic Access**
This final rule is accessible via the Internet at the Office of the Federal Register's Web site at *http://www.gpo.gov/fdsys/search/home.action,* or *http://federalregister.gov.* Background information and documents are available at the Pacific Fishery Management Council's Web site at *http://www.pcouncil.org/.* Copies of the final environmental impact statement (FEIS) for the 2013-2014 Groundfish Specifications and Management Measures are available from Donald McIsaac, Executive Director, Pacific Fishery Management Council (Council), 7700 NE Ambassador Place, Portland, OR 97220, phone: 503-820-2280.
**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.
On November 14, 2012, NMFS published a proposed rule to implement the 2013-2014 harvest specifications and management measures for most species of the Pacific Coast groundfish fishery (77 FR 67974). The final rule to implement the 2013-2014 harvest specifications and management measures for most species of the Pacific Coast Groundfish Fishery was published on January 3, 2013 (78 FR 580).
The Council, in coordination with Pacific Coast Treaty Indian Tribes and the States of Washington, Oregon, and California, recommended changes to current groundfish management measures at its October 17, 2014 meeting. Specifically, the Council recommended changing the amount of darkblotched rockfish initially deducted from the annual catch limit (ACL) to account for mortality in the incidental open access sector from 18.4 metric tons (mt) to 15.4 mt. The Council also recommended that the corresponding 3 mt of darkblotched rockfish previously deducted from the ACL be made available to the catcher/processor (C/P) sector of the at-sea Pacific whiting fishery. This rule implements the Council's recommended changes.
As part of the biennial harvest specifications and management measures, ACLs are set for non-whiting groundfish species, deductions are made from the ACL for various sources of mortality (including non-groundfish fisheries that catch groundfish incidentally, also called incidental open access fisheries) and the remainder, the fishery harvest guideline, is allocated amongst the various groundfish fisheries. The limited availability of overfished species that can be taken as incidental catch in the Pacific whiting fisheries, particularly darkblotched rockfish, Pacific ocean perch, and canary rockfish, led NMFS to implement sector-specific allocations for these species to the Pacific whiting fisheries. If the sector-specific allocation for a non-whiting species is reached, NMFS may close one or more of the at-sea sectors automatically, per regulations at § 660.60(d). At the start of 2014, the C/P and Mothership (MS) sectors of the Pacific whiting fishery were allocated 9.0 mt and 6.3 mt of darkblotched rockfish, respectively, per allocation regulations at § 660.55(c)(1)(i)(A).
**Reapportionment of Darkblotched Rockfish From the Catcher/Processor Sector to the Mothership Sector**
From May 15, 2014 through October 10, 2014, the fishery for Pacific whiting in the MS sector was prosecuted with very low bycatch of darkblotched rockfish (less than 2 mt). On the morning of October 11, 2014, an unexpectedly high bycatch incident of darkblotched rockfish occurred (approximately 5 mt), bringing the total catch of darkblotched rockfish for the MS sector to 7.0 mt, exceeding the MS sector allocation of 6.3 mt. MS fishery participants instituted a voluntary closure of their sector on October 11, 2014 and submitted a letter to NMFS on October 14, 2014 requesting that NMFS consider transferring an additional 3 mt of darkblotched rockfish to the MS sector so that they can re-open the fishery and have the opportunity to harvest the remaining 2014 Pacific whiting allocation. In response to the unexpected closure of the MS sector, the Council convened an emergency meeting on October 17, 2014 to consider options for redistributing darkblotched rockfish allocations and also to address high catch of Chinook salmon in the whiting fisheries.
At its meeting the Council was made aware that, as of October 15, 2014, harvest of darkblotched rockfish in the C/P sector was 2.9 mt; well-below the 2014 allocation of 9.0 mt. Industry representatives of the C/P sector submitted a cease fishing report to NMFS on October 17, 2014 indicating that they did not intend to harvest 3.0 mt of darkblotched rockfish, and that it could be transferred from their initial 2014 allocation (e.g. lower their available darkblotched rockfish from 9.0 mt to 6.0 mt) and used to raise the available amount of darkblotched rockfish in the MS sector (from 6.3 mt to 9.3 mt). Therefore, on October 17, 2014, consistent with the Council's recommendation, NMFS reapportioned 3.0 mt of darkblotched rockfish from the C/P sector to the MS sector as an automatic action pursuant to §§ 660.160(c)(5) and 660.60(d), reducing the C/P darkblotched rockfish allocation from 9.0 mt to 6.0 mt and increasing the MS allocation from 6.3 mt to 9.3 mt, which allowed the MS sector to reopen.
**Transferring Darkblotched Rockfish to the Catcher/Processor Sector via Inseason Action**
To maintain 2014 harvest opportunities for the catcher/processor (C/P) sector of the Pacific whiting fishery, the Council considered moving darkblotched rockfish quota from the incidental open access fishery to the C/P sector. At the start of 2014 the projected annual mortality of darkblotched rockfish in the incidental open access fishery was 15.0 mt and the amount deducted from the ACL to account for this projected mortality was 18.4 mt, leaving 3.4 mt of darkblotched rockfish projected to go unharvested through the end of 2014. In addition, estimated actual mortality in the incidental open access fishery in 2011 and 2012 was only 5.4 mt and 5.0 mt, respectively, and no landed catch of darkblotched rockfish had been reported to date. Therefore, the Council recommended redistributing 3 mt of darkblotched rockfish from the “off-the-top” deductions that were made at the start of the 2013-2014 biennium, and giving that 3 mt to the C/P sector to accommodate potential bycatch of darkblotched rockfish as the C/P sector prosecutes the remainder of its 2014 Pacific whiting fishery. This rule implements the Council's recommendation. Recent mortality of darkblotched rockfish in the incidental open access fishery has been low and the projected mortality indicates it will not exceed the 15.4 mt accounted for in the remaining off-the-top deduction after transferring the 3 mt to the C/P sector. Reapportionment of darkblotched rockfish, when combined with projected impacts from all other sources, is also not expected to result in greater impacts to other overfished species than originally projected through the end of the year.
**Minimizing Incidental Catch of Chinook Salmon**
In addition to considering recent catches and potential reapportionment of darkblotched rockfish, the Council also considered the most recently available fishery information on incidental catch of Chinook salmon in the Pacific whiting fishery. As of October 17, 2014, the best available information indicated that the Pacific whiting fishery had taken at least 11,000 Chinook salmon, exceeding the incidental take amount specified in the current biological opinion addressing the fishery's impacts on listed salmonids.
This rule transfers additional darkblotched rockfish to the C/P sector with the intent of allowing the sector to attain its full 2014 allocations of Pacific whiting, as was anticipated to occur through the end of 2014. To reduce bycatch rates of Chinook salmon in the C/P sector, the C/P Cooperative has committed to taking all reasonable actions to further reduce Chinook bycatch, including ceasing any further fishing for whiting if the C/P sector catches a further 275 Chinook after October 17, 2014. This is fewer Chinook than would have been projected based on earlier bycatch rates. The C/P sector has already demonstrated success at avoiding Chinook by fishing in deeper waters. In addition, the MS sector is taking measures to fish in in deeper water and implement time/area closures to maintain a lower daily bycatch rate of Chinook salmon. These measures are being taken in addition to fishing seaward of the Ocean Salmon Conservation Zone. Therefore, fishing opportunities to harvest the remaining 2014 allocation of Pacific whiting in the at-sea fisheries, which are facilitated by the transferring of darkblotched rockfish implemented through this rule, are not anticipated to increase the bycatch rate of Chinook salmon and should result in minimizing additional interactions.
**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 November 12, 2014.
At the October emergency Council meeting, the Council recommended that reapportionment of darkblotched rockfish to the C/P sector be implemented as quickly as possible. There was not sufficient time after that meeting to draft this document and undergo proposed and final rulemaking before this action needs to be in effect. For the actions implemented in this final rule, affording the time necessary for prior notice and opportunity for public comment would prevent transfer of darkblotched rockfish to the C/P sector until later in the season, or potentially eliminate the possibility or doing so during the 2014 calendar year entirely, and is therefore impractical. Failing to reapportion darkblotched rockfish to the C/P sector in a timely manner could result in unnecessary restriction of fisheries if the C/P sector exceeded its darkblotched allocation. Providing the C/P sector fishermen an opportunity to harvest their limits of Pacific whiting without interruption and without exceeding their darkblotched rockfish bycatch limit allows harvest as intended by the Council, consistent with the best scientific information available. The whiting fishery contributes a large amount of revenue to the coastal communities of Washington and Oregon and this change allows continued harvest of Pacific whiting while continuing to prevent ACLs of overfished species and the allocations for target species from being exceeded. No aspect of this action is controversial, and changes of this nature were anticipated in the biennial harvest specifications and management measures established for 2013-2014.
Delaying these changes would also keep management measures in place that are not based on the best available information. Such delay would impair achievement of the PCGFMP goals and objectives of managing for appropriate harvest levels while providing for year-round fishing and marketing opportunities. Accordingly, for the reasons stated above, NMFS finds good cause to waive prior notice and comment and to waive the delay in effectiveness.
NMFS has reinitiated section 7 consultation on the PCGFMP with respect to its effects on listed salmonids. In the event the consultation identifies either reasonable and prudent alternatives to address jeopardy concerns or reasonable and prudent measures to minimize incidental take, NMFS would exercise necessary authorities in coordination to the extent possible with the Council to put such additional alternatives or measures into place. After reviewing the available information, NMFS has concluded that, consistent with sections 7(a)(2) and 7(d) of the ESA, this action will not jeopardize any listed species, would not adversely modify any designated critical habitat, and will not result in any irreversible or irretrievable commitment of resources that would have the effect of foreclosing the formulation or implementation of any reasonable and prudent alternative measures.
**List of Subjects in 50 CFR Part 660**
Fisheries, Fishing, Indian Fisheries.
Dated: November 6, 2014.
James P. Burgess,
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:
**50 CFR Part 660**
**PART 660—FISHERIES OFF WEST COAST STATES**
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.*
**50 CFR Part 660**
2. In subpart C, tables 2a and 2b are revised to read as follows:
| Species | Area | OFL | ABC | ACL | Fishery HG |
| --- | --- | --- | --- | --- | --- |
| Arrowtooth flounder | Coastwide | 6,912 | 5,758 | 5,758 | 3,671 |
| Black | N of 46°16′ N. lat | 428 | 409 | 409 | 395 |
| | S of 46°16′ N. lat | 1,166 | 1,115 | 1,000 | 1,000 |
| Bocaccio | S of 40°10′ N. lat | 881 | 842 | 337 | 328.6 |
| Cabezon | 46°16′ to 42° N. lat | 49 | 47 | 47 | 47 |
| | S of 42° N. lat | 165 | 158 | 158 | 158 |
| California scorpionfish | S of 34°27′ N. lat | 122 | 117 | 117 | 115 |
| Canary rockfish | Coastwide | 741 | 709 | 119 | 101.5 |
| Chilipepper | S of 40°10′ N. lat | 1,722 | 1,647 | 1,647 | 1,423 |
| Cowcod | S of 40°10′ N. lat | 12 | 9 | 3 | 2.9 |
| Darkblotched rockfish | Coastwide | 553 | 529 | 330 | 309.2 |
| Dover sole | Coastwide | 77,774 | 74,352 | 25,000 | 23,410 |
| English sole | Coastwide | 5,906 | 5,646 | 5,646 | 5,543 |
| Lingcod | N of 40°10′ N. lat | 3,162 | 2,878 | 2,878 | 2,600 |
| | S of 40°10′ N. lat | 1,276 | 1,063 | 1,063 | 1,054 |
| Longnose skate | Coastwide | 2,816 | 2,692 | 2,000 | 1,928 |
| Longspine thornyhead | N of 34°27′ N. lat | 3,304 | 2,752 | 1,958 | 1,912 |
| | S of 34°27′ N. lat | | | 347 | 344 |
| Minor nearshore rockfish north | N of 40°10′ N. lat | 110 | 94 | 94 | 94 |
| Minor shelf rockfish north | N of 40°10′ N. lat | 2,195 | 1,932 | 968 | 903 |
| Minor slope rockfish north | N of 40°10′ N. lat | 1,153 | 1,414 | 1,160 | 1,098 |
| Minor nearshore rockfish south | S of 40°10′ N. lat | 1,160 | 1,001 | 990 | 990 |
| Minor shelf rockfish south | S of 40°10′ N. lat | 1,913 | 1,620 | 714 | 668.0 |
| Minor slope rockfish south | S of 40°10′ N. lat | 685 | 622 | 622 | 601 |
| Other fish | Coastwide | 6,802 | 4,697 | 4,697 | 4,520 |
| Other flatfish | Coastwide | 10,060 | 6,982 | 4,884 | 4,682 |
| Pacific cod | Coastwide | 3,200 | 2,221 | 1,600 | 1,191 |
| Pacific ocean perch (POP) | N of 40°10′ N. lat | 838 | 801 | 153 | 136.5 |
| Pacific whiting | Coastwide | 825,000 | (
) | (
) | 259,370 |
| Petrale sole | Coastwide | 2,774 | 2,652 | 2,652 | 2,418.0 |
| Sablefish | N of 36° N. lat | 7,158 | 6,535 | 4,349 | See Table 1c |
| | S of 36° N. lat | | | 1,560 | 1,555 |
| Shortbelly | Coastwide | 6,950 | 5,789 | 50 | 48 |
| Shortspine thornyhead | N of 34°27′ N. lat | 2,310 | 2,208 | 1,525 | 1,466 |
| | S of 34°27′ N. lat | | | 393 | 351 |
| Splitnose | S of 40°10′ N. lat | 1,747 | 1,670 | 1,670 | 1,658 |
| Starry flounder | Coastwide | 1,834 | 1,528 | 1,528 | 1,521 |
| Widow | Coastwide | 4,435 | 4,212 | 1,500 | 1,411 |
| Yelloweye rockfish | Coastwide | 51 | 43 | 18 | 12.2 |
| Yellowtail | N of 40°10′ N. lat | 4,584 | 4,382 | 4,382 | 3,681 |
| Species | Fishery HG | Allocations | Trawl | % | Mt | Non-trawl | % | Mt |
| --- | --- | --- | --- | --- | --- | --- | --- | --- |
| Arrowtooth flounder | 3,671 | 95 | 3,487 | 5 | 184 | | | |
| Bocaccio—S of 40°10′ N. lat. | 328.6 | NA | 79.0 | NA | 249.6 | | | |
| Canary rockfish | 101.5 | NA | 54.1 | NA | 47.4 | | | |
| Chilipepper—S of 40°10′ N. Lat | 1,423 | 75 | 1,067 | 25 | 356 | | | |
| Cowcod—S of 40°10′ N. Lat. | 2.9 | NA | 1.0 | NA | 1.9 | | | |
| Darkblotched rockfish | 309.2 | 95 | 293.7 | 5 | 15.5 | | | |
| Dover sole | 23,410 | 95 | 22,240 | 5 | 1,171 | | | |
| English sole | 5,543 | 95 | 5,266 | 5 | 277 | | | |
| Lingcod: | | | | | | | | |
| N of 40°10′ N. lat | 2,600 | 45 | 1,170 | 55 | 1,430 | | | |
| S of 40°10′ N. lat | 1,054 | 45 | 474 | 55 | 580 | | | |
| Longnose skate | 1,928 | 90 | 1,735 | 10 | 193 | | | |
| Longspine thornyhead | | | | | | | | |
| N of 34°27′ N. lat | 1,912 | 95 | 1,816 | 5 | 96 | | | |
| Minor shelf rockfish north | 903 | 60.2 | 543 | 39.8 | 359 | | | |
| Minor slope rockfish north | 1,098 | 81 | 889 | 19 | 209 | | | |
| Minor shelf rockfish south | 668 | 12.2 | 81 | 87.8 | 587 | | | |
| Minor slope rockfish south | 601 | 63 | 379 | 37 | 222 | | | |
| Other flatfish | 4,682 | 90 | 4,214 | 10 | 468 | | | |
| Pacific cod | 1,191 | 95 | 1,131 | 5 | 60 | | | |
| POP—N of 40°10′ N. lats. | 136.5 | 95 | 129.7 | 5 | 6.8 | | | |
| Pacific whiting | TBA | 100 | TBA | 0 | TBA | | | |
| Petrale sole | 2,418.0 | NA | 2383.0 | NA | 35.0 | | | |
| Sablefish: | | | | | | | | |
| N of 36° N. lat | See Table 1c of this subpart | | | | | | | |
| S of 36° N. lat | 1,555.0 | 42 | 653 | 58 | 902 | | | |
| Shortspine thornyhead: | | | | | | | | |
| N of 34°27′ N. lat | 1,466 | 95 | 1,393 | 5 | 73 | | | |
| S of 34°27′ N. lat | 351 | NA | 50 | NA | 301 | | | |
| Splitnose—S of 40°10′ N. Lat | 1,658 | 95 | 1,575 | 5 | 83 | | | |
| Starry Flounder | 1,521 | 50 | 761 | 50 | 761 | | | |
| Widow | 1,411 | 91 | 1,284 | 9 | 127 | | | |
| Yelloweye rockfish | 12.2 | NA | 1.0 | NA | 11.2 | | | |
| Yellowtail—N of 40°10′ N. Lat | 3,681 | 88 | 3,239 | 12 | 442 | | | |