48656 Federal Register / Vol. 82, No. 201 / Thursday, October 19, 2017 / Rules and Regulations 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 660 

[Docket No. 160808696–7010–02] 

RIN 0648–BH20 

Magnuson-Stevens Act Provisions; 

Fisheries Off West Coast States; 

Pacific Coast Groundfish Fishery; 

2017–2018 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: This final rule is effective 

October 19, 2017. 

FOR FURTHER INFORMATION CONTACT: 

Karen Palmigiano, phone: 206–526– 

4491, fax: 206–526–6736, or email: 

karen.palmigiano@noaa.gov. 

SUPPLEMENTARY INFORMATION: 

Electronic Access 

This rule is accessible via the Internet 

at the Office of the Federal Register Web 

site at https://www.federalregister.gov. 

Background information and documents 

are available at the Pacific Fishery 

Management Council’s Web site at 

http://www.pcouncil.org/. 

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. 

The final rule to implement the 2017– 

2018 harvest specifications and 

management measures for most species 

of the Pacific coast groundfish fishery 

was published on February 7, 2017 (82 

FR 9634). 

The Council, in coordination with 

Pacific Coast Treaty Indian Tribes and 

the States of Washington, Oregon, and 

California, recommended three changes 

to current groundfish management 

measures at its September 11–18, 2017 

meeting. The changes the Council 

recommended include: (1) Increasing 

the sablefish trip limits in the limited 

entry fixed gear (LEFG) and open access 

(OA) sablefish daily trip limit (DTL) 

fisheries north of 36° North latitude (N. 

lat.), (2) adding a reference to the 

current lingcod size limits in the trip 

limit table for the trawl fishery, and (3) 

implementing depth restrictions in the 

California recreational fishery. 

LEFG and OA Sablefish DTL Fisheries 

North of 36° N. Lat. 

To increase harvest opportunities for 

LEFG and OA sablefish DTL fisheries 

north of 36° N. lat., the Council 

recommended increases to sablefish trip 

limits for all remaining periods in 2017. 

Trip limits for LEFG and OA sablefish 

DTL fisheries have been designated at 

50 CFR 660.60(c)(1)(i) and in Section 

6.2.1 of the PCGFMP as routine 

management measures. 

Sablefish are distributed coastwide 

with harvest specifications split north 

and south of 36° N. lat. Trip limit 

increases, for species such as sablefish, 

are intended to increase attainment of 

the non-trawl harvest guideline (HG). 

To assist the Council in evaluating the 

increases to sablefish trip limits, the 

Groundfish Management Team (GMT) 

made model-based landings projections 

for the LEFG and OA sablefish DTL 

fisheries north of 36° N. lat. for the 

remainder of this year. These 

projections were based on the most 

recent information available. The model 

predicts harvest of 76 percent (194 mt) 

of the LEFG harvest guideline (HG) (258 

mt) and harvest of 77 percent (326 mt) 

of the OA sablefish DTL fishery HG (425 

mt) under the current limits through the 

end of the year. With the recommended 

increase in sablefish trip limits, the 

projected harvest is 80 percent (206.9 

mt) of the LEFG HG (258 mt) and 88 

percent (374 mt) of the OA sablefish 

DTL fishery HG (425 mt) through the 

end of the year. This increase in trip 

limits does not change projected 

impacts to co-occurring overfished 

species from those anticipated in the 

2017–18 harvest specifications and 

management measures, as the projected 

impacts to those species assume that the 

entire sablefish ACL is harvested. 

Finally, projections for the LEFG 

sablefish fisheries south of 36° N. lat. 

are similar to levels anticipated in the 

2017–18 harvest specifications and 

management measures, and no requests 

were made by industry for changes; 

therefore, no inseason actions were 

considered. Therefore, the Council 

recommended and NMFS is 

implementing, by modifying Tables 2 

(North and South) to part 660, subpart 

E, trip limit changes for the LEFG 

sablefish DTL fisheries north of 36° N. 

lat. The trip limits for sablefish in the 

LEFG fishery north of 36° N. lat. 

increase from ‘‘1,100 lb (499 kg) per 

week, not to exceed 3,300 lb (1,497 kg) 

per two months’’ to ‘‘1,500 lb (680 kg) 

per week, not to exceed 4,500 lb (2,041 

kg) per two months’’ beginning in 

period 5 through the end of the year. 

The Council also recommended and 

NMFS is implementing, by modifying 

Tables 3 (North and South) to part 660, 

subpart F, trip limits for sablefish in the 

OA sablefish DTL fishery north of 36° N. 

lat., an increase from ‘‘300 lb (136 kg) 

per day, or one landing per week of up 

to 1,000 lb (454 kg), not to exceed 2,000 

lb (907 kg) per two months’’ to ‘‘300 lb 

(136 kg) per day, or one landing per 

week of up to 1,300 lb (590 kg), not to 

exceed 2,600 lb (1,179 kg) per two 

months’’ beginning in period 5 through 

the end of the year. 

Clarification on Lingcod Size Limits for 

the Shorebased Individual Fishing 

Quota (IFQ) Program 

At the September Council meeting, 

members of the Enforcement 

Consultants (EC) noted confusion with 

regards to size limits for lingcod, an IFQ 

species, caught with trawl gear in the 

Shorebased IFQ Program north and 

south of 42° N. lat. Currently, lingcod 

size limits apply, per regulations at 

§ 660.60(h)(5)(ii)(B)(2). However, 

members of the EC and the public have 

commented that it can be difficult to 

find the regulations, and that they could 

be misinterpreted. Therefore, the 

Council recommended that NMFS 

include a reference to the current 

lingcod size limits (22 inches for north 

of 42° N. lat. and 24 inches for south of 

42° N. lat.) in Tables 1 (North and 

South), part 660, subpart D. However, 

Tables 1 (North and South) do not 

provide any information regarding IFQ 

species (e.g. size limits, landing limits, 

vessel limits, etc.). These tables describe 

rockfish conservation areas for vessels 

using groundfish trawl gear and 

incidental landing allowances for nonIFQ species (for vessels registered to a 

limited entry trawl permit and using 

groundfish trawl or groundfish nontrawl gears to harvest IFQ species). 

NMFS thought it might cause confusion 

to intermingle IFQ species size limits in 

the tables that describe non-IFQ species 


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trip limits and trawl rockfish 

conservation area boundaries. However, 

consistent with the intent to clarify the 

applicable size limits for lingcod 

harvested in the Shorebased IFQ 

Program, NMFS is clarifying regulations 

at § 660.60(h)(5)(ii)(B)(2). 

Size limits are designated as routine 

management measures at 

§ 660.60(c)(1)(i) and in Section 6.2.1 of 

the PCGFMP. Based on the reasons 

stated above, instead of including a 

reference to lingcod size limits in Tables 

1 (North and South), NMFS is making 

clarifying edits to existing regulations at 

§ 660.60(h)(5)(ii)(B), which is the 

section of the regulations describing 

weight conversions and size limits for 

the Shorebased IFQ Program. The 

change to the regulations includes a 

clear reference to the lingcod size limits 

for north and south of 42° N. lat. for the 

Shorebased IFQ Program for both the 

whole fish and fish with the head 

removed. 

California Recreational Fishery 

Management Measures 

In June 2016, the Council 

recommended Oregon and California 

recreational groundfish regulations for 

2017 and 2018. At that time, 

management measures were anticipated 

to keep recreational catch within HGs 

and targets. However, recently, 

recreational fisheries in both Oregon 

and California have experienced higher 

than expected mortality for certain 

species. These species include black 

rockfish and cabezon in Oregon only, as 

well as yelloweye rockfish in both 

Oregon and California. The higher 

mortality has likely been the result of 

more favorable weather conditions 

experienced over the past few months, 

as well as increased fishing for 

groundfish due to a decline in salmon 

harvest opportunities due to the status 

of salmon stocks. Because of these 

factors, effort and impacts have been 

higher than originally projected, and 

will approach and/or exceed relevant 

state HGs. The state of Oregon has 

recently taken action through their state 

processes to address the higher than 

anticipated harvest in their recreational 

fisheries. California, however, relies on 

modifications to the federal regulations 

to address their higher than anticipated 

harvest. Inseason changes to depth 

restrictions for the California 

recreational fishery are designated at 

§ 660.60(c)(3)(i) and in Section 6.2.1 of 

the PCGFMP as routine management 

measures. 

At the September Council meeting, 

the GMT was informed that California 

was experiencing higher than projected 

recreational harvest of yelloweye 

rockfish. The California Department of 

Fish and Wildlife (CDFW) stated in their 

report (September 2017 Council 

Meeting, Agenda Item E.10.a, 

Supplemental CDFW Report 1) that 

information through September 10, 2017 

suggested that, without intervention to 

reduce encounters, the California 

recreational harvest of yelloweye 

rockfish would exceed the state’s HG by 

15 percent, or almost 0.6 mt over their 

3.9 mt HG. Based on this new 

information, the GMT conducted modelbased runs for two alternative season 

structures that included depth-based 

area closures for October-December. The 

model determined that by restricting the 

depths at which fishing may occur, 

CDFW could reduce the projected 

impacts to yelloweye rockfish by 0.3– 

0.4 mt. 

Therefore, the Council recommended 

and NMFS is implementing, through 

modifications to regulations at 

§ 660.360(c)(3)(i)(A)(1) through (4), more 

restrictive depth closures for 4 of the 5 

California recreational fishery 

management areas. The Council did not 

recommend a change for the Southern 

Management Area (south of 34°27′ N. 

lat.) at this time, which is already 

restricted to waters deeper than the 60 

fm depth contour. 

Under the current regulations, 

recreational fishing is restricted by 

depth in the Northern and Mendocino 

Management Areas during May through 

October 31; with all depths open for 

November and December. With the 

implementation of this rule, recreational 

fishing in this management area will be 

restricted from mid-October through the 

end of the year to shoreward of the 20 

fm depth contour. Additionally, 

recreational fishing is currently 

restricted to shoreward of the 40 fm 

depth contour in the San Francisco 

Management Area and the 50 fm depth 

contour in the Central Management 

Area. Through this rule, recreational 

fishing will be further restricted 

between October 16 and December 31 in 

these areas. Beginning October 16 in the 

San Francisco Management Area, 

recreational fishing will be prohibited 

seaward of the 30 fm depth contour and 

the 40 fm depth contour in the Central 

Management Area. 

More restrictive depth restrictions are 

intended to allow some recreational 

fishing to continue to occur while 

reducing catch of overfished yelloweye 

rockfish and keeping projected total 

catch through the end of the year below 

the ACL. According to the most recent 

data, even taking into account the 

overages in Oregon and California, there 

is an approximately 1.3 mt residual 

amount of yelloweye rockfish from the 

off-the-top deductions that were made 

through the biennial specifications 

process, including 0.4 mt that was not 

allocated at the beginning of the 

biennium, 0.9 mt from research which 

is projected to go unused, and 0.3 mt 

from incidental open access that is 

projected to go unused. Therefore, even 

if California takes an additional 0.6 mt 

over their 3.9 mt allocation, there is an 

extremely low risk of exceeding the 

ACL. 

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 October 19, 2017. 

The adjustments to management 

measures in this document affect 

commercial fisheries in Washington, 

Oregon and California and recreational 

fisheries in California. No aspect of this 

action is controversial, and changes of 

this nature were anticipated in the 

biennial harvest specifications and 

management measures established 

through a notice and comment 

rulemaking for 2017–18. 

Accordingly, for the reasons stated 

below, NMFS finds good cause to waive 

prior notice and comment and to waive 

the delay in effectiveness. 

LEFG and OAFG DTL Sablefish 

Fisheries North of 36° N. Lat. 

At its September 2017 Council 

meeting, the Council recommended an 

increase to LEFG and OA sablefish 

north of 36° N. lat. trip limits be 

implemented as quickly as possible to 

allow harvest of sablefish to approach 

but not exceed the 2017 ACL. There was 

not sufficient time after that meeting to 

undergo proposed and final rulemaking 

before this action needs to be in effect. 

Affording the time necessary for prior 


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48658 Federal Register / Vol. 82, No. 201 / Thursday, October 19, 2017 / Rules and Regulations 

notice and opportunity for public 

comment would prevent NMFS from 

managing the LEFG and OA fixed gear 

sablefish DTL fishery using the best 

available science to approach, without 

exceeding, the ACLs for federally 

managed species in accordance with the 

PCGFMP and applicable law. These 

increases to trip limits must be 

implemented as quickly as possible 

during the two-month cumulative limit 

period to allow LEFG and OAFG 

fishermen an opportunity to harvest 

higher limits for sablefish without 

exceeding the ACL north of 36° N. lat. 

It is in the public interest for 

fishermen to have an opportunity to 

harvest the sablefish ACL north of 36° 

N. lat. because the sablefish fishery 

contributes revenue to the coastal 

communities of Washington, Oregon, 

and California. This action, if 

implemented quickly, is anticipated to 

allow catch of sablefish through the end 

of the year to approach but not exceed 

the ACL, and allows harvest as intended 

by the Council, consistent with the best 

scientific information available. 

Clarification on Lingcod Size Limits for 

the Shorebased IFQ Program 

At its September Council meeting, the 

Council recommended NMFS include a 

reference to the lingcod size limits for 

north and south of 42° N. lat. in the trip 

limit tables for the limited entry trawl 

fishery, Tables 1 (North and South). 

After additional consideration, NMFS is 

clarifying existing regulations instead of 

adding a reference to the trip limit 

tables for the reasons mentioned in the 

above section. There was not sufficient 

time after the Council meeting to 

undergo proposed and final rulemaking 

before this action needs to be in effect. 

Affording the time necessary for prior 

notice and opportunity for public 

comment would not be in the public 

interest for fishermen or the public. 

Fisherman knowing and abiding by the 

correct size limits in regulation protects 

small and juvenile fish and prevents 

unintended impacts to the stock. This 

action, if implemented quickly, is 

anticipated to make the lingcod size 

limits clearer for fishermen and the 

NOAA Office of Law Enforcement as 

well as state enforcement agencies, 

which will help them to abide by all 

federal size limits for lingcod, and is 

consistent with the best scientific 

information available. 

California Recreational Fishery 

Management Measures 

At its September Council meeting, the 

Council recommended changes to the 

depth restrictions for recreational 

fishery management areas off of 

California be implemented as soon as 

possible to prevent further exceedance 

of the state HG for yelloweye rockfish 

(3.9 mt) while still providing 

recreational fishing opportunity to that 

sector. There was not sufficient time 

after that meeting to undergo proposed 

and final rulemaking before this action 

needs to be in effect. Affording the time 

necessary for prior notice and 

opportunity for public comment would 

prevent NMFS and California from 

managing the California recreational 

sector using the best available science to 

address exceedance of the State’s 

yelloweye rockfish HG, keep catch 

through the end of the year within the 

rebuilding ACL, while allowing harvest 

opportunites as intended by the Council 

and in accordance with the PCGFMP 

and applicable law. These depth-based 

restrictions will move vessels to 

shallower waters where they are less 

likely to encounter yelloweye rockfish, 

while also providing the recreational 

fishing opportunity that benefits local 

communities. 

It is in the public interest in California 

to allow the recreational fishery to 

remain open for the remainder of the 

year. Recreational fishing in California 

contributes revenue to the coastal 

communities of that state, and closing 

the fishery for the remainder of the year 

would cause adverse economic impacts 

to those communities. This action, if 

implemented quickly, is anticipated to 

provide recreational fishing opportunity 

for the duration of the year, keep the 

yelloweye rockfish harvest within the 

federal ACL, and is consistent with the 

best scientific information available. 

List of Subjects in 50 CFR Part 660 

Fisheries, Fishing, and Indian 

fisheries. 

Dated: October 16, 2017. 

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., 16 U.S.C. 

773 et seq., and 16 U.S.C. 7001 et seq. 

■ 2. In § 660.60, paragraphs (h)(5)(ii)(B) 

introductory text, (h)(5)(ii)(B)(2) 

introductory text, and (h)(5)(ii)(B)(2)(i) 

and (ii) are revised to read as follows: 

§ 660.60 Specifications and management 

measures. 

* * * * * 

(h) * * * 

(5) * * * 

(ii) * * * 

(B) Shorebased IFQ Program. For 

vessels landing sorted catch, the weight 

conversions for purposes of applying QP 

and size limits are provided in 

paragraphs (h)(5)(ii)(B)(2)(i) through (iii) 

of this section. 

* * * * * 

(2) Lingcod. The following 

conversions and size limits apply: 

(i) The minimum size limit for lingcod 

North of 42° N. lat. is 22 inches (56 cm) 

total length for whole fish, which 

corresponds to 18 inches (46 cm) with 

the head removed. 

(ii) The minimum size limit for 

lingcod South of 42° N. lat. is 24 inches 

(61 cm) total length for whole fish, 

which corresponds to 19.5 inches (49.5 

cm) with the head removed. 

* * * * * 

■ 3. Table 2 (North) and Table 2 (South) 

to part 660, subpart E are revised to read 

as follows: 

BILLING CODE 3510–22–P 


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§le 2 (North) to Part 660, Subpart E -- Non-Trawl Rockfish Conservation Areas and Trip Limits for Limited Entry Fixed Gear 

rth of 40°1 0' N. lat. 

~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~==::~ ~ 10132017 

JAN-FEB MAR-APR 1 MAY-JUN 1 JuLTuri SEP-OCT ~DEC 

Rockfish Conservation Area (RCA) 11: 

1 North of 46' 16' N. lat. 

2 46,16' N.lat.- 42'00' N.lat. 

4iOO' N.lat.- 40,10' N.lat. 

shoreline- 100 fm line11 

30 fm line11 - 100 fm line11 

30 fm line11 - 100 fm line11 

See §§660.60 and 660.230 for additional gear, trip limit and conservation area requirements and restrictions. See §§660.70-660.74 and 

§§660.76-660.79 for conservation area descriptions and coordinates (including RCAs, YRCAs, CCAs, Farallon Islands, Cordell Banks, 

and EFHCAs). 

State trip limits and seasons may be more restricti~.e than Federal trip limits or seasons, particularly in waters off Oregon and California. 

4 Minor Slope Rockfish21 & Darkblotched 

rockfish 

5 Pacific ocean perch 

6 Sablefish 

7 Longspine thornyhead 

8 Shortspine thornyhead 

9 

"10 

~Dover sole, arrowtooth flounder, 

_g_ petrale sole, English sole, starry 12 T3 flounder, Other Flatfish31 

T4 

15 Whiting 

16 Minor Shelf Rockfish21, Shortbelly, & 

Widow rockfish 

17 Yellowtail rockfish 

18 Canary rockfish 

19 Yelloweye rockfish 

20 Minor Nearshore Rockfish & Black 

rockfish 

21 North of 42°00' N. lat. 

22 4iOO' N.lat.- 40,10' N.lat. 

23 Lingcod51 

24 Pacific cod 

25 Spinydogfish 

26 Longnose skate 

27 Other Fish81& Cabezon in Oregon and 

California 

1,125 lb/week, 

not to exceed 

3,3751b/2 

months 

4,000 lb/2 months 

1 ,BOO lb/2 months 

1,100 lb/week, not to exceed 3,300 lb/2 months 

1 , 500 I bs/week, not to 

exceed 4,500 lbs/2 

months 

10,000 lb/2 months 

2,000 lb/2 months I 2,500 lb/ 2 months 

5,000 lb/ month 

South of 42° N. lat., when fishing for "other flatfish," vessels using hook-and-line gear with no more 

than 12 hooks per line, using hooks no larger than "Number 2" hooks, which measure 0.44 in (11 

mm) point to shank, and up to two 1 lb (0.45 kg) weights per line, are not subject to the RCAs. 

10,000 lb/ trip 

200 lb/ month 

1,000 lb/ month 

300 lb/2 months 

CLOSED 

5,000 lb/2 months, no more than 1,200 lb of which may be species other than black rockfish or 

blue/deacon rockfish41 

8,500 lb/2 

months, no 

more than 

1,200 lb of 

which may be 

7,000 lb/2 months, no more than 1,200 lb of which may be species other than 

black rockfish 

species other 

than black 

rockfish 

200 lb/2 months 

200,000 lb/2 months 

1

1.200 lb/2 I 

months 1 ,400 lb/ bimonthly 1

700 lb/1400 lb/ 

month 1 month 

1,000 lb/2 months 

1

150.000 lb/2 I 

months 

Unlimited 

Unlimited 

100,000 lb/2 months 

-1 

)> 

m 

rm 

-

z 

0 

..., 

...... 

::::r 

-
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Table 2 (South) to Part 660, Subpart E -- Non-Trawl RockfiSh Conservation Areas and Trip Limits for Limited Entry Fixed Gear 

South of40"10' N. lat. 

Other limits and requirements apply-- Read §§660.1 0 through 660.399 before using this table I 10132017 

JAN-FEB I MAR-APR MAY-JUN I JUL-AUG SEP-OCT NOV-DEC 

Rockfish Conservation kea (RCA) 11: I I I I I I 

1 40.10' N. lat.- 34.27' N. lat. 40 fm line11 -125 fm line11 

2 South of 34.27' N. lat. 75 fm line11 - 150 fm line11 (also applies around islands) 

See §§660.60 and 660.230 for additional gear, trip lirrit and conservation area requirements and restrictions. See §§660.70-660.74 and 

§§660.76-660.79 for conservation area descriptions and coordinates (including RCAs, YRCAs, CCAs, Farallon Islands, Cordell Banks, 

and EFHCAs). 

State trip limits and seasons may be more restricti;e than Federal trip limits or seasons, particulariy in waters off Oregon and California. 

3 Minor Slope rockfish21 & Darkblotched 40,000 lb/2 months, of which no more than 

I 

40,000 lb/2 months, of which no more than 

rockfish 1,375 lb may be blackgill rockfish 1,600 lb may be blackgill rockfish 

4 Splitnose rockfish 40,000 lb/2 months 

~ Sable fish 

1,125 lb/week, 1,500 lbs/week, not to 

6 40.10' N. lat.- 36.00' N. lat. not to exceed 1,100 lb/week, not to exceed 3,300 lb/2 months exceed 4,500 lbs/2 3,3751b/2 months months 

7 South of 36.00' N. lat. 2,000 lb/ week 

8 Longspine thornyhead 10,000 lb/2 months 

9 Shortspine thornyhead 

10 I 40.10' N. lat.- 34.27' N. lat. 2,000 lb/2 months I 2,500 lb/2 months 

11 South of 34.27' N. lat. 3,000 lb/2 months -1 12 

13 Dover sole, arrowtooth flounder, 5,000 lb/ month )> 

14 South of 4i N. lat., when fishing for "other flatfish," vessels using hook-and-line gear with no more 

15 petrale sole, English sole, starry than 12 hooks per line, using hooks no larger than "Number 2" hooks, which measure 0.44 in (11 m 

16 flounder, Other Flatfish31 mm) point to shank, and up to two 1 lb (0.45 kg) weights per line, are not subject to the RCAs. r17 

18 Whiting 10,000 lb/ trip m 

19 Minor Shelf Rockfish21, Shortbelly rockfish, Widow rockfish (including Chilipepper between 40"10' - 34.27' N. lat.) -

I\) 20 40.10' N. lat.- 34.27' N. lat. Minor shelf rockfish, shortbelly, widow rockfish, & chilipepper: 2,500 lb/2 months, of which no more 

than 500 lb may be any species other than chilipepper. 

21 South of 34.27' N. lat. 4,000 lb/2 CLOSED 4,000 lb/2 months months 

22 Chilipepper -

en 

23 40.10' N. lat.- 34.27' N. lat. Chilipepper included under minor shelf rockfish, shortbelly and widow rockfish limits-- See above 0 

24 South of 34.27' N. lat. 2,000 lb/2 months, this opportunity only available seaward of the non-trawl RCA c 

25 Canary rockfish 300 lb/2 months ..... 26 Yelloweye rockfish CLOSED ::::r 

27 Cowcod CLOSED 

28 Bronzespotted rockfish CLOSED - 29 Bocaccio 

30 40.10' N. lat.- 34.27' N. lat. 1,000 lb/2 months 

31 South of 34.27' N. lat. 1,500 lb/2 CLOSED 1,500 lb/2 months months 

32 Minor Nearshore Rockfish & Black rockfish 

- 1,200 lb/2 

33 Shallow nearshore months CLOSED 1,200 lb/2 months 

-

34 Deeper nearshore 1,000 lb/2 CLOSED 1,000 lb/2 months months 

35 1,500 lb/2 CLOSED 1,500 lb/2 months California Scorpionfish months 

36 200 lb/2 CLOSED BOO lb/2 

I 1,200 lb/ bimonthly 600 lb~ 1300 lb/ 

Lingcod41 months months month month 

37 Pacific cod 1,000 lb/2 months 

38 Spiny dogfish 200,000 lb/2 months 150,000 lb/2 I 

months 100,000 lb/2 months 

39 Long nose skate Unlimited 

40 Other Fish61 & Cabezon Unlimited 
48662 Federal Register / Vol. 82, No. 201 / Thursday, October 19, 2017 / Rules and Regulations 

■ 4. Table 3 (North) and Table 3 (South) 

to part 660, subpart F are revised to read 

as follows: 


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Table 3 (North) to Part 660, Subpart F -- Non-Trawl RockfiSh Conservation Areas and Trip Limits for Open Access Gears North of 

40.10' N. lat. 

Other limits and requirements apply- Read §§660.1 0 through 660.399 before using this table 10/04/2017 

JAN-FEB MAR-APR I IWW-JUN I JUL-AUG I SEP-OCT I NOV-DEC 

Rockfish Conservation Area (RCA)11: I I I I I I I I I North of 46.16' N. lat. shoreline - 100 fm line 11 

6.16' N.lat.- 4ioo· N.lat. 301m line11 -100fm line11 

ioo· N.lat.- 40.10' N.lat. 301m line11 -100fm line11 

See §§660.60, 660.330 and 660.333 for additional gear, trip limit and conservation area requirements and restrictions. See §§660.70-

660.74 and §§660.76-660.79 for conservation area descriptions and coordinates (including RCAs, YRCAs, CCAs, Farallon Islands, 

Cordell Banks, and EFHCAs). 

State trip limits and seasons may be more restricti\.e than Federal trip limits or seasons, particular1y in waters off Oregon and California. 

4 Minor Slope Rockfish'1 & Per trip, no more than 25% of weight of the sablefish landed Darkblotched rockfish 

5 Pacific ocean perch 100 lb/ month 

300 lb/ day, or 1 300 lb/day, or 1 

landing per landing per 300 lb/ day, or 1 landing per week of up 300 lb/day, or 1 landing 

6 Sable fish weekofupto weekofupto to 1,000 lb, notto exceed 2,000 lb/2 per week of up to 1 ,300 

1 ,000 lb, notto 900 lb, not to months lbs, not to exceed 2,600 

exceed 2,000 exceed 1 ,800 lbs/2 months 

lb/2 months lb/2 months 

Shortpine thornyheads and longspine CLOSED hornyheads 

3,000 lb/ month, no more than 300 lb of which may be species other than Pacific sanddabs. -1 Dover sole, arrowtooth flounder, ,. 

petrale sole, English sole, starry South of 42" N. lat., when fishing for "Other Flatfish," vessels using hook-and-line gear with no more 

~ flounder, Other Flatfish31 than 12 hooks per line, using hooks no larger than "Number 2" hooks, which measure 0.44 in (11 OJ 13 mm) point to shank, and up to two 1 lb (0.45 kg) weights per line are not subject to the RCAs. 

r- 14 Whiting 300 lb/ month m 15 Minor Shelf Rockfish21, Shortbelly 200 lb/ month rockfish, & Widow rockfish 

w ellowtail rockfish 500 lb/ month 

17 Canary rockfish 150 lb/ 2 months 

18 Yelloweye rockfish CLOSED -

z 19 Minor Nearshore Rockfish & Black rockfish 

20 North of 42" 00' N. lat. 5,000 lb/2 months, no more than 1 ,200 lb of which may be species other than black rockfish 0 

8,500 lb/2 ... months, 

more than 

no 

-::::r 

21 42"00' N.lat. -40.10' N.lat. 1,200 lb of 7,000 lb/2 months, no more than 1,200 lb of which may be species other than 

which 

species 

may 

other 

be black rockfish - than black 

rockfish 

22 Lingcod51 100 lb/ month 600 lb/ month I 700 lb/ month I ~00 lb/ 1

200 lb/ 

month month 

23 Pacific cod 1 ,000 lb/ 2 months 

24 Spiny dogfish 200,000 lb/ 2 months 150.000 lb/ 2 I months 100,000 lb/2 months 

25 Longnose skate Unlimited 

26 Other Fish61 & Cabazon in Oregon and 

California Unlimited 

SALMON TROLL (subject to RCAs v.hen retaining all species of groundfish, except for yellov.tail rockfish and lingcod, as described belo~ 

Salmon trollers may retain and land up to 1 lb of yellowtail rockfish for every 2 lbs of salmon landed, with a 

cumulative limit of 200 lb/month, both within and outside of the RCA. This limit is within the 200 lb per month 

combined limit for minor shelf rockfish, widow rockfish and yellowtail rockfish, and not in addition to that limit. 

28 North Salmon trollers may retain and land up to 1 lingcod per 15 Chinook per trip, plus 1 lingcod per trip, up to a trip 

limit of 10 lingcod, on a trip where any fishing occurs within the RCA. This limit only applies during times when 

lingcod retention is aiiOINed, and is not "CLOSED." This limit is within the per month limit for lingcod described 

in the table abo\e, and not in addition to that limit. All groundfish species are subject to the open access 

limits, seasons, size limits and RCA restrictions listed in the table above, unless otherwise stated here. 
48664 Federal Register / Vol. 82, No. 201 / Thursday, October 19, 2017 / Rules and Regulations 


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Table 3 (North). Continued 

29 PINK SHRIMP NON-GROUNDFISH TRAWL (not subject to RCAs) 

30 North 

limits for Minor Slope Rockfish. 

Effective April 1 -October 31: Groundfish: 500 lblday, multiplied by the number of days of the trip, not to 

exceed 1,500 lb/trip. The following sublimits also apply and are counted toward the O\erall500 lb/day and 

1,500 lb/trip groundfish limits: lingcod 300 lb/month (minimum 24 inch size limit); sablefish 2,000 lblmonth; 

canary, thomyheads and yelloweye rockfish are PROHIBITED. All other groundfish species taken are managed 

under the O\Erall 500 lblday and 1,500 lbltrip groundfish limits. Landings of these species count toward the per 

day and per trip groundfish limits and do not ha\E species-specific limits. The amount of groundfish landed may 

not exceed the amount of pink shrimp landed. 

3/ "Other flatfish" are defined a .11 and include butter sole, curlfin sole, flathead sole, Pacific sanddab, rex sole, rock sole, and sand sole. 

41 For black rockfish north of Cape Alava (48.09.50' N. lat.), and between Destruction Is. (4r40' N. lat.) and Leadbetter Pnt. (46.38.17' N. lat.), 

there is an additional limit of 100 lbs or 30 percent by weight of all fish on board, whichever is greater, per vessel, per fishing trip. 
Federal Register / Vol. 82, No. 201 / Thursday, October 19, 2017 / Rules and Regulations 48665 


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Table 3 (South) to Part 660, Subpart F -- Non-Trawl RockfiSh Conservation Areas and Trip Limits for Open Access Gears South 

of 40°10' N. lat. 

d §§660.1 0 through 660.399 before using this table I 10/04/2017 

JAN-FEB MAR-APR I MAY-JUN I JUL-AUG I SEP-OCT NOV-DEC lilF '" '· "': -,,,. '· '"' 11. I I I I I 

40 fm line11 - 125 fm line11 

South of 34 27' N. lat. 75 fm line11 -150 fm line11(also applies around islands) 

See §§660.60 and 660.230 for additional gear, trip limit and conservation area requirements and restrictions. See §§660.70-660.74 and 

§§660.76.060.79 for conservation area descriptions and coordinates (including RCAs, YRCAs, CCAs, Farallon Islands, Cordell Banks, 

and EFHCAs). 

State trip limits and seasons may be more restrictiw than Federal trip limits or seasons, particular1y in waters off Oregon and California. 

Minor Slope Rockfish21 & 10,000 lb/2 months, of which no more than 475 10,000 lb/2 months, of which no more than 550 

Darkblotched rockfish lb may be blackgill rockfish lb may be blackgill rockfish 

Splitnose rockfish 200 lb/ month 

Sable fish 

300 lb/ day, or 1 300 lb/day, or 1 

landing per landing per 300 lb/ day, or 1 landing per week of up 

300 lb/day, or 1 landing 

40. 10' N. lat.- 36.00' N. lat. week of up to week of up to to 1,000 lb, not to exceed 2,000 lb/2 per week of up to 1,300 

1,000 lb, not to 900 lb, not to months lbs, not to exceed 2,600 

exceed 2,000 exceed 1 ,800 lbs/2 months 

lb/2 months lb/2 months 

7 South of 36.00' N. lat. 300 lb/ day, or 1 landing per week of up to 1 ,600 lb, not to exceed 3,200 lb/ 2 months 

Shortpine thornyheads and longspine -1 

hornyheads )> 40" 10' N. lat.- 34.27' N. lat. CLOSED 

South of 34.27' N. lat. 50 lb/ day, no more than 1,000 lb/2 months m 

3,000 lb/ month, no more than 300 lb of which may be species other than Pacific sanddabs. rDover sole, arrowtooth flounder, m petrale sole, English sole, starry South of 42° N. lat., when fishing for "other flatfish," vessels using hook-and-line gear with no more 

flounder, Other Flatfish31 than 12 hooks per line, using hooks no larger than "Number 2" hooks, which measure 0.44 in (11 

mm) point to shank, and up to two 1 lb (0.45 kg) weights per line are not subject to the RCAs. w 

Whiting 300 lb/ month 

Minor Shelf Rockfish21, Shortbelly, 

Widow rockfish and Chilipepper -

en 

40. 10' N. lat.- 34.27' N. lat. 400 lb/2 400 I b/ 2 months 0 months CLOSED 

0 South of 34.27' N. lat. 1,500 lb/2 1,500 lb/2 months c 

months ..... 1 Canary rockfish 150 lb/2 months ::::r 

~v·u~~~h CLOSED 

Cowcod 

Bronzespotted rockfish 

CLOSED 

CLOSED - Bocaccio 500 lb/2 CLOSED sao I b/ 2 months months 

Minor Nearshore Rockfish & Black 

rockfish 

27 Shallow nearshore 1,200 lb/2 CLOSED 1,200 lb/2 months months 

Deeper nearshore 1,000 lb/2 CLOSED 1,000 lb/2 months months 

California scorpionfish 1,500 lb/2 CLOSED 1 ,500 lb/ 2 months months 

30 Lingcod41 100 lb/ month CLOSED 400 lb/ month 600 lb/ month 400 lb/ 150 lb/ 

month month 

31 Pacific cod 1,000 lb/2 months 

32 Spiny dogfish 200,000 lb/2 months 150,000 lb/2 100,000 lb/2 months months 

33 Longnose skate Unlimited 

34 Other Fish51 & Cabezon Unlimited 
48666 Federal Register / Vol. 82, No. 201 / Thursday, October 19, 2017 / Rules and Regulations 

■ 5. In § 660.360, paragraphs 

(c)(3)(i)(A)(1) through (4) are revised to 

read as follows: 

§ 660.360 Recreational fishery— 

management measures. 

* * * * * 

(c) * * * 

(3) * * * 

(i) * * * 

(A) * * * 

(1) Between 42° N. lat. (California/ 

Oregon border) and 40°10′ N. lat. 

(Northern Management Area), 

recreational fishing for all groundfish 

(except petrale sole, starry flounder, and 

‘‘other flatfish’’ as specified in 

paragraph (c)(3)(iv) of this section) is 

prohibited seaward of the 30 fm (55 m) 

depth contour along the mainland coast 

and along islands and offshore 

seamounts from May 1 through October 

15 (shoreward of 30 fm is open); is 

prohibited seaward of the 20 fm (37 m) 

depth contour along the mainland coast 

and along islands and offshore 

seamounts from October 16 through 

December 31 (shoreward of 20 fm is 

open); and is closed entirely from 

January 1 through April 30. Coordinates 

for the boundary line approximating the 

20 (37 m) and 30 fm (55 m) depth 

contours are listed in § 660.71. 

(2) Between 40°10′ N. lat. and 

38°57.50′ N. lat. (Mendocino 

Management Area), recreational fishing 

for all groundfish (except petrale sole, 

starry flounder, and ‘‘other flatfish’’ as 

specified in paragraph (c)(3)(iv) of this 

section) is prohibited seaward of the 20 

fm (37 m) depth contour along the 

mainland coast and along islands and 

offshore seamounts from May 1 through 

December 31 (shoreward of 20 fm is 

open), and is closed entirely from 

January 1 through April 30. Coordinates 

for the boundary line approximating the 

20 fm depth contour are listed in 

§ 660.71. 

(3) Between 38°57.50′ N. lat. and 

37°11′ N. lat. (San Francisco 

Management Area), recreational fishing 

for all groundfish (except petrale sole, 

starry flounder, and ‘‘other flatfish’’ as 

specified in paragraph (c)(3)(iv) of this 

section) is prohibited seaward of the 

boundary line approximating the 40 fm 

(73 m) depth contour along the 

mainland coast and along islands and 

offshore seamounts from April 15 

through October 15; is prohibited 

seaward of the boundary line 

approximating the 30 fm (55 m) depth 

contour along the mainland coast and 

along islands and offshore seamounts 

from October 16 through December 31, 

and is closed entirely from January 1 

through April 14. Closures around 

Cordell Banks (see paragraph (c)(3)(i)(C) 

of this section) also apply in this area. 

Coordinates for the boundary line 

approximating the 30 (55 m) and 40 fm 

(73 m) depth contours are listed in 

§ 660.71. 

(4) Between 37°11′ N. lat. and 34°27′ 

N. lat. (Central Management Area), 

recreational fishing for all groundfish 

(except petrale sole, starry flounder, and 

‘‘other flatfish’’ as specified in 

paragraph (c)(3)(iv) of this section) is 

prohibited seaward of a boundary line 

approximating the 50 fm (91 m) depth 

contour along the mainland coast and 

along islands and offshore seamounts 


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Federal Register / Vol. 82, No. 201 / Thursday, October 19, 2017 / Rules and Regulations 48667 

from April 1 through October 15; is 

prohibited seaward of a boundary line 

approximating the 40 fm (73 m) depth 

contour along the mainland coast and 

along islands and offshore seamounts 

from October 16 through December 

31and is closed entirely from January 1 

through March 31 (i.e., prohibited 

seaward of the shoreline). Coordinates 

for the boundary line approximating the 

40 fm (73 m) depth contour are 

specified at § 660.71 and the 50 fm (91 

m) depth contour are specified in 

§ 660.72. 

* * * * * 

[FR Doc. 2017–22695 Filed 10–18–17; 8:45 am] 

BILLING CODE 3510–22–C 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 679 

[Docket No. 160920866–7167–02] 

RIN 0648–XF761 

Fisheries of the Exclusive Economic 

Zone off Alaska; Shortraker Rockfish 

in the Western Regulatory Area of the 

Gulf of Alaska 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Temporary rule; closure. 

SUMMARY: NMFS is prohibiting retention 

of shortraker rockfish in the Western 

Regulatory Area of the Gulf of Alaska 

(GOA). This action is necessary because 

the 2017 total allowable catch of 

shortraker rockfish in the Western 

Regulatory Area of the GOA has been 

reached. 

DATES: Effective 1200 hours, Alaska 

local time (A.l.t.), October 16, 2017, 

through 2400 hours, A.l.t., December 31, 

2017. 

FOR FURTHER INFORMATION CONTACT: Josh 

Keaton, 907–586–7228. 

SUPPLEMENTARY INFORMATION: NMFS 

manages the groundfish fishery in the 

GOA exclusive economic zone 

according to the Fishery Management 

Plan for Groundfish of the Gulf of 

Alaska (FMP) prepared by the North 

Pacific Fishery Management Council 

under authority of the MagnusonStevens Fishery Conservation and 

Management Act. Regulations governing 

fishing by U.S. vessels in accordance 

with the FMP appear at subpart H of 50 

CFR part 600 and 50 CFR part 679. 

The 2017 total allowable catch (TAC) 

of shortraker rockfish in the Western 

Regulatory Area of the GOA is 38 metric 

tons (mt) as established by the final 

2017 and 2018 harvest specifications for 

groundfish of the GOA (82 FR 12032, 

February 27, 2017). 

In accordance with § 679.20(d)(2), the 

Administrator, Alaska Region, NMFS 

(Regional Administrator), has 

determined that the 2017 TAC of 

shortraker rockfish in the Western 

Regulatory Area of the GOA has been 

reached. Therefore, NMFS is requiring 

that shortraker rockfish in the Western 

Regulatory Area of the GOA be treated 

as prohibited species in accordance 

with § 679.21(b). 

Classification 

This action responds to the best 

available information recently obtained 

from the fishery. The Assistant 

Administrator for Fisheries, NOAA 

(AA), finds good cause to waive the 

requirement to provide prior notice and 

opportunity for public comment 

pursuant to the authority set forth at 5 

U.S.C. 553(b)(B) as such requirement is 

impracticable and contrary to the public 

interest. This requirement is 

impracticable and contrary to the public 

interest as it would prevent NMFS from 

responding to the most recent fisheries 

data in a timely fashion and would 

delay prohibiting the retention of 

shortraker rockfish in the Western 

Regulatory Area of the GOA. NMFS was 

unable to publish a notice providing 

time for public comment because the 

most recent, relevant data only became 

available as of October 10, 2017. 

The AA also finds good cause to 

waive the 30-day delay in the effective 

date of this action under 5 U.S.C. 

553(d)(3). This finding is based upon 

the reasons provided above for waiver of 

prior notice and opportunity for public 

comment. 

This action is required by §§ 679.20 

and 679.21 and is exempt from review 

under Executive Order 12866. 

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

Dated: October 16, 2017. 

Emily H. Menashes, 

Acting Director, Office of Sustainable 

Fisheries, National Marine Fisheries Service. 

[FR Doc. 2017–22704 Filed 10–16–17; 4:15 pm] 

BILLING CODE 3510–22–P 


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