69060 Federal Register / Vol. 79, No. 224 / Thursday, November 20, 2014 / Rules and Regulations 

List of Subjects in 50 CFR Part 622 

Annual catch limit, Annual catch 

target, Fisheries, Fishing, Gulf, Quotas, 

South Atlantic, Spanish mackerel. 

Dated: November 4, 2014. 

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 622 is amended 

as follows: 

PART 622—FISHERIES OF THE 

CARIBBEAN, GULF OF MEXICO, AND 

SOUTH ATLANTIC 

■ 1. The authority citation for part 622 

continues to read as follows: 

Authority: 16 U.S.C. 1801 et seq. 

■ 2. In § 622.384, a sentence is added at 

the end of the introductory text and 

paragraph (c)(2) is revised to read as 

follows: 

§ 622.384 Quotas. 

* * * All weights are in round and 

eviscerated weight combined, unless 

specified otherwise. 

* * * * * 

(c) * * * 

(2) Atlantic migratory group. The 

commercial quota for the Atlantic 

migratory group of Spanish mackerel is 

3.33 million lb (1.51 million kg). 

* * * * * 

■ 3. In § 622.385, the first sentence in 

paragraph (b)(2) is revised to read as 

follows: 

§ 622.385 Commercial trip limits. 

* * * * * 

(b) * * * 

(2) For the purpose of paragraph 

(b)(1)(ii) of this section, the adjusted 

quota is 3.08 million lb (1.40 million 

kg). * * * 

* * * * * 

■ 4. In § 622.388, introductory text is 

added and paragraphs (c)(3), (d)(3), and 

the last two sentences of paragraph 

(d)(2)(i) are revised to read as follows: 

§ 622.388 Annual catch limits (ACLs), 

annual catch targets (ACTs), and 

accountability measures (AMs). 

All weights are in round and 

eviscerated weight combined, unless 

specified otherwise. 

* * * * * 

(c) * * * 

(3) The stock ACL for Gulf migratory 

group Spanish mackerel is 12.7 million 

lb (5.76 million kg) for the 2014–2015 

fishing year, 11.8 million lb (5.35 

million kg) for the 2015–2016 fishing 

year, and 11.3 million lb (5.13 million 

kg) for the 2016–2017 fishing year and 

subsequent fishing years. 

(d) * * * 

(2) * * * 

(i) * * * The recreational ACT for the 

Atlantic migratory group is 2.364 

million lb (1.072 million kg). The 

recreational ACL for the Atlantic 

migratory group is 2.727 million lb 

(1.236 million kg). 

* * * * * 

(3) The stock ACL for Atlantic 

migratory group Spanish mackerel is 

6.063 million lb (2.76 million kg). 

* * * * * 

[FR Doc. 2014–27374 Filed 11–19–14; 8:45 am] 

BILLING CODE 3510–22–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 660 

[Docket No. 120814338–2711–02] 

RIN 0648–BE64 

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 20, 2014. 

FOR FURTHER INFORMATION CONTACT: 

Gretchen Hanshew (West Coast Region, 

NMFS), phone: 206–526–6147, fax: 206– 

526–6736, gretchen.hanshew@noaa.gov. 

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. On November 12, 2014, NMFS 

published an inseason action to 

implement the Council’s recommended 

changes (79 FR 67095). That rule 

correctly described the action and the 

intent, but contained erroneous 

calculations in the footnotes to Table 2b 

to subpart C. As a result of those errors, 

only the 3 mt reduction of the amount 

of darkblotched rockfish deducted from 

the ACL to account for mortality in the 

incidental open access sector was made. 

The increase to the C/P allocation of 

darkblotched rockfish was calculated 

incorrectly. For the same reasons stated 

in the November 12, 2014 rule and 

summarized below, this rule 


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Federal Register / Vol. 79, No. 224 / Thursday, November 20, 2014 / Rules and Regulations 69061 

implements the Council’s recommended 

changes to the darkblotched rockfish 

allocation to the C/P sector by 

superseding Table 2b to subpart C that 

published on November 12, 2014. 

Transferring Darkblotched Rockfish to 

the Catcher/Processor Sector via 

Inseason Action 

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). On October 17, 

2014 NMFS reapportioned 3.0 mt of 

darkblotched rockfish from the C/P 

sector to the MS sector as an automatic 

action pursuant to §§ 660.60(d) and 

660.160(c)(5), 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. This 

action allowed the MS sector to reopen 

in a timely manner. At their October 17, 

2014 meeting, the Council 

recommended redistributing 3 mt of 

darkblotched rockfish from the ‘‘off-thetop’’ 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. NMFS took an 

inseason action to transfer darkblotched 

rockfish to the C/P sector allocation in 

the November 12, 2014 rule, however, a 

footnote to Table 2b, Subpart C, 

incorrectly described the calculations 

made during the transfer of 

darkblotched rockfish from the ‘‘off-thetop’’ deductions to the C/P sector. This 

rule implements the Councilrecommended change to the C/P sector 

allocation by publishing the corrected 

Table 2b, including footnotes, and 

superseding the inaccurate regulations 

and bringing consistency between 

Tables 2a and 2b. 

The action to transfer darkblotched 

rockfish from the ‘‘off-the-top’’ 

deductions to the C/P sector was 

implemented, in part, on November 12, 

2014. This rule completes the 

implementation of the transfer of 

darkblotched rockfish to the C/P sector, 

for the same reasons described in detail 

in the preamble to the November 12, 

2014 rule (79 FR 67095). 

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 20, 

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 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 transfer 

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 

Pacific 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 yearround 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 17, 2014. 

Alan D. Risenhoover, 

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 

■ 1. The authority citation for part 660 

continues to read as follows: 

Authority: 16 U.S.C. 1801 et seq. and 16 

U.S.C. 773 et seq. 

■ 2. Table 2b to subpart C is revised to 

read as follows: 

BILLING CODE 3510–22–P 


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69062 Federal Register / Vol. 79, No. 224 / Thursday, November 20, 2014 / Rules and Regulations 

aAllocations decided through the biennial 

specification process. b 13 mt of the total trawl allocation of 

canary rockfish is allocated to the at-sea 

whiting fisheries, as follows: 5.4 mt for the 

mothership fishery, and 7.6 mt for the 

catcher/processor fishery. c 9 percent (26.4 mt) of the total trawl 

allocation for darkblotched rockfish is 

allocated to the whiting fisheries, as follows: 

11.1 mt for the shorebased IFQ fishery, 6.3 

mt for the mothership fishery, and 9.0 mt for 

the catcher/processor fishery. Effective at 

2000 hours local time on October 17, 2014, 

the amount of darkblotched rockfish 

available to the catcher/processor fishery was 

reduced by 3.0 mt, to 6.0 mt, and the amount 

available to the mothership fishery was 

raised by 3.0 mt, to 9.3 mt. The amount 

available to the catcher/processor fishery was 

subsequently raised back to 9.0 mt by 

distributing to the catcher/processor fishery 

3.0 mt of the 18.4 mt initially deducted from 

the ACL to account for mortality in the 

incidental open access fishery, consistent 

with § 660.60(c)(3)(ii). The tonnage 

calculated here for the whiting portion of the 

shorebased IFQ fishery contributes to the 

total shorebased trawl allocation, which is 

found at § 660.140(d)(1)(ii)(D). d 30 mt of the total trawl allocation for POP 

is allocated to the whiting fisheries, as 

follows: 12.6 mt for the shorebased IFQ 

fishery, 7.2 mt for the mothership fishery, 

and 10.2 mt for the catcher/processor fishery. 

The tonnage calculated here for the whiting 

portion of the shorebased IFQ fishery 

contributes to the total shorebased trawl 

allocation, which is found at 

§ 660.140(d)(1)(ii)(D). e 500 mt of the total trawl allocation for 

widow rockfish is allocated to the whiting 

fisheries, as follows: 210 mt for the 

shorebased IFQ fishery, 120 mt for the 

mothership fishery, and 170 mt for the 

catcher/processor fishery. The tonnage 

calculated here for the whiting portion of the 

shorebased IFQ fishery contributes to the 

total shorebased trawl allocation, which is 

found at § 660.140(d)(1)(ii)(D). 

[FR Doc. 2014–27489 Filed 11–19–14; 8:45 am] 

BILLING CODE 3510–22–C 


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