[Federal Register Volume 85, Number 208 (Tuesday, October 27, 2020)]
[Rules and Regulations]
[Pages 68001-68004]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-23700]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 660
[Docket No. 201021-0276]
RIN 0648-BK15
Fisheries Off West Coast States; Emergency Action To Temporarily
Extend the Primary Sablefish Fishery Season
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Temporary rule; emergency action; request for comments.
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SUMMARY: This emergency rule temporarily extends the 2020 sablefish
primary fishery from October 31, 2020 to December 31, 2020. 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 2020. This action would also
extend the incidental halibut retention allowance provision for the
sablefish primary fishery from October 31, 2020 to November 15, 2020
and set the halibut retention limit during this time period at 250
pounds (113 kilograms) dressed weight of Pacific halibut for every
1,000 pounds (454 kilograms) dressed weight of sablefish landed and up
to 2 additional Pacific halibut in excess of the 250-pounds-per-1,000-
pound limit per landing.
DATES: Effective October 27, 2020 until December 31, 2020. Comments
must be submitted by November 27, 2020.
ADDRESSES: You may submit comments on this document, identified by
NOAA-NMFS-2020-0133 by any of the following methods:
Electronic Submission: Submit all electronic public
comments via the
[[Page 68002]]
Federal e-Rulemaking Portal. Go to www.regulations.gov/#!docketDetail;D=NOAA-NMFS-2020-0133, click the ``Comment Now!'' icon,
complete the required fields, and enter or attach your comments.
Mail: Barry Thom, c/o Colin Sayre, Sustainable Fisheries
Division, West Coast Region, NMFS, 7600 Sand Point Way NE, Seattle, WA
98115-0070.
Instructions: Comments sent by any other method, to any other
address or individual, or received after the end of the comment period,
may not be considered by NMFS. All comments received are a part of the
public record and will generally be posted for public viewing on
www.regulations.gov without change. All personal identifying
information (e.g., name, address, etc.), confidential business
information, or otherwise sensitive information submitted voluntarily
by the sender will be publicly accessible. NMFS will accept anonymous
comments (enter ``N/A'' in the required fields if you wish to remain
anonymous).
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 https://www.federalregister.gov. Background information and
documents are also available at the NMFS West Coast Region website at:
https://www.fisheries.noaa.gov/species/west-coast-groundfish and at the
Pacific Fishery Management Council's website at https://www.pcouncil.org/managed_fishery/groundfish/.
FOR FURTHER INFORMATION CONTACT: Keeley Kent, phone: 206-247-8252, or
email: Keeley.kent@noaa.gov.
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 on August 2, 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 Sec. 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 the primary fishery.
NMFS sets three different tier limits through the biennial harvest
specifications and management measures process (for the 2020 limits,
see 83 FR 63970, December 12, 2018), 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.
Vessels in the primary fishery north of Point Chehalis, Washington
are also allowed to retain incidentally caught Pacific halibut up to a
specific limit specified at Sec. 660.231(b)(3)(iv). Halibut are
encountered regularly in the normal operation of the sablefish primary
fishery due to the co-occurrence of halibut and sablefish in the same
environments, and the design and function of fixed gear. This retention
is allowed until the sablefish primary season ends and it contributes
additional economic value to this sector. Additionally, many vessels in
the primary sablefish fishery also participate in sablefish and Pacific
halibut fisheries in Alaska.
2020 Fishery Outlook
At the September 2020 Council meeting, industry participants
requested an extension to the 2020 sablefish primary fishery. The
Council's Groundfish Management Team (GMT) provided analysis of the
2020 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
2020 has only attained 33 percent of its allocation as of mid-
September. This underattainment is attributed to delays experienced in
the Alaska fisheries, in which many vessels in the sablefish primary
fishery also participate. These delays are due to local travel
restrictions, postponed season start dates, and quarantine
requirements, all related to the ongoing COVID-19 pandemic. The GMT
estimated that if the primary sablefish fishery season closed on
October 31, 2020, the fishery would only attain 46 percent of its
allocation, which equates to about $2.86 million in lost ex-vessel
revenue and additional economic benefits for coastal communities.
The Council reviewed the information provided by the GMT and by
fishery stakeholders and discussed options to provide relief to
commercial fishermen in the primary sablefish fishery from economic
losses as a result of the recent unforeseen events associated with
COVID-19 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. Commercial
stakeholders informed the Council that the recent events have caused
many individuals, businesses and communities to suffer significant
economic hardships from lost or reduced income and fishing
opportunities. These events have also caused serious management
problems by making it more difficult to achieve optimum yield (OY) for
sablefish.
At its September 2020 meeting, after evaluating the information
provided to it, the Council recommended that NMFS initiate an emergency
action to extend the sablefish primary fishery season from October 31,
2020 to December 31, 2020, to allow participants more time to harvest
their full tier limits. As part of the emergency action, the Council
also recommended an extension of the incidental halibut retention
allowance north of Point Chehalis, Washington to November 15, 2020, and
setting the retention limit at 250 pounds (113 kg) dressed weight of
Pacific halibut for every 1,000 pounds (454 kg) dressed weight of
sablefish landed and up to 2 additional Pacific halibut in excess of
the 250-pounds-per-1,000-pound limit per landing. The retention
allowance ensures additional economic benefits and reduces regulatory
discards of commercially valuable incidental halibut.
Criteria and Justification for Emergency Action
Section 305(c) of the Magnuson-Stevens Fishery Conservation and
[[Page 68003]]
Management Act (Magnuson-Stevens Act) authorizes the Secretary of
Commerce to implement temporary 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 limit emergency management actions to recent unforeseen
events or recently discovered circumstances that present serious
management problems in the fishery when the benefits of an emergency
action outweigh the benefits of the normal rulemaking process.
NMFS has evaluated all relief mechanisms and, given the limited
time remaining in the primary fishery season, an emergency action to
extend the season is the only mechanism sufficient to provide
participants access to their quota. NMFS is issuing this emergency rule
in compliance with the NMFS 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 primary sablefish fishery,
and the sablefish annual catch limit. As such, in evaluating the
anticipated effects of this emergency action, NMFS determined that the
effects fall within those described in the Environmental Assessment for
the 2019-2020 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 October 27, 2020, this action temporarily extends the
2020 sablefish primary season for vessels registered to limited entry
fixed gear, sablefish-endorsed permits North of 36[deg] N lat., from
October 31, 2020 to December 31, 2020. This action includes a small
administrative change to allow an additional transfer of sablefish-
endorsed limited entry permits so that these permits may be transferred
up to two times within a calendar year. This change will allow fishery
participants to appropriately take advantage of the extended season.
This action also extends the incidental halibut retention allowance
for the sablefish primary fishery North of Point Chehalis, Washington,
to November 15, 2020, which is the latest date allowed by the
International Pacific Halibut Commission. Under these emergency
measures, the incidental retention allowance limit is set at 250 pounds
(113 kg) of dressed halibut per 1,000 pounds (454 kg) of dressed
sablefish and up to 2 additional Pacific halibut in excess of the 250-
pounds-per-1,000-pound limit per landing. After November 15, any
incidental halibut would need to be discarded as a prohibited species.
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),
the Northern Pacific Halibut Act of 1982, 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 did an emergency modification to their September 2020
meeting agenda to consider taking emergency action in response to
requests from industry representatives, the Groundfish Advisory
Subpanel, and the public. These entities raised concerns that many
vessels would be unable to harvest their allocations before the primary
season closed due to unforeseen issues resulting from restrictions
associated with the COVID-19 pandemic. The Council considered and
ultimately recommended NMFS initiate this action on September 17th,
with less than 6 weeks remaining before the closure of the sablefish
primary season on October 31. 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 provide relief for 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)(1) because it
relieves a restriction that would place fishery participants at an
economic disadvantage. Waiving the 30-day delayed effectiveness for
this rule is necessary to allow participants in the sablefish primary
fishery under emergency rules to continue fishing operations with
minimal interruption beyond the status quo closure date of October 31.
Not extending the sablefish primary fishery season past October 31
would present immediate serious economic impacts without contributing
to the economic goals of the sablefish tier program. Because this rule
alleviates a restriction, which if continued would otherwise have
serious and unnecessary economic harm on tier fishery vessels, it is
not subject to the 30-day delayed effectiveness provision of the APA.
This action is being taken pursuant to the emergency provision of
MSA and is exempt from OMB review. This rule is not significant.
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 emergency rule contains no information collection requirements
under the Paperwork Reduction Act of 1995.
List of Subjects in 50 CFR Part 660
Fisheries, Fishing, and Indian Fisheries.
Dated: October 21, 2020.
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)(vii)(B)(1) and (2) to read as
follows:
Sec. 660.25 Permits.
* * * * *
(b) * * *
(4) * * *
(vii) * * *
(B) * * *
(1) Under emergency measures effective October 27, 2020 until
December 31, 2020, Sablefish-endorsed limited entry fixed gear permits
[[Page 68004]]
(without MS/CV or C/P endorsements) may be registered for use with a
different vessel up to twice per calendar year.
(2) [Reserved]
* * * * *
0
3. In Sec. 660.213, revise paragraph (d)(2) to read as follows:
Sec. 660.213 Fixed gear fishery--recordkeeping and reporting.
* * * * *
(d) * * *
(2) For participants in the sablefish primary season, the
cumulative limit period to which this requirement applies is April 1
through October 31 (unless otherwise provided for at Sec.
660.231(b)(1)(i)) or, for an individual vessel owner, when the tier
limit for the permit(s) registered to the vessel has been reached,
whichever is earlier.
* * * * *
0
4. In Sec. 660.231, revise paragraph (b)(1), add paragraphs
(b)(3)(iv)(A), and (B) to read as follows:
Sec. 660.231 Limited entry fixed gear sablefish primary fishery.
* * * * *
(b) * * *
(1) Season dates. North of 36[deg] N lat., the sablefish primary
season for the limited entry, fixed gear, sablefish-endorsed vessels
begins at 12 noon local time on April 1 and closes at 12 noon local
time on October 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).
(i) Under emergency measures effective October 27, 2020 until
December 31, 2020, notwithstanding any other section of these
regulations, North of 36[deg] N lat., the sablefish primary season for
the limited entry, fixed gear, sablefish-endorsed vessels closes at 12
noon 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).
(ii) [Reserved]
* * * * *
(3) * * *
(iv) * * *
(A) Under emergency measures effective October 27, 2020, until
November 15, 2020, notwithstanding any other section of these
regulations, vessels authorized to participate in the sablefish primary
fishery, licensed by the International Pacific Halibut Commission for
commercial fishing in Area 2A (waters off Washington, Oregon,
California), and fishing with longline gear north of Pt. Chehalis, WA
(46[deg]53.30' N lat.) may possess and land up to 250 pounds (113 kg)
dressed weight of Pacific halibut for every 1,000 pounds (454 kg)
dressed weight of sablefish landed and up to 2 additional Pacific
halibut in excess of the 250-pounds-per-1,000-pound limit per landing.
Pacific halibut taken and retained in the sablefish primary fishery
north of Pt. Chehalis may only be landed north of Pt. Chehalis and may
not be possessed or landed south of Pt. Chehalis.
(B) [Reserved]
* * * * *
[FR Doc. 2020-23700 Filed 10-26-20; 8:45 am]
BILLING CODE 3510-22-P