Fisheries Off West Coast States; Pacific Coast Groundfish Fishery Management Plan; Authorization of an Oregon Recreational Fishery for Midwater Groundfish Species
Federal Register, Volume 83 Issue 61 (Thursday, March 29, 2018)
Federal Register Volume 83, Number 61 (Thursday, March 29, 2018)
Rules and Regulations
Pages 13428-13431
From the Federal Register Online via the Government Publishing Office www.gpo.gov
FR Doc No: 2018-06316
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 660
Docket No. 161024999-8248-02
RIN 0648-BG40
Fisheries Off West Coast States; Pacific Coast Groundfish Fishery Management Plan; Authorization of an Oregon Recreational Fishery for Midwater Groundfish Species
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce.
ACTION: Final rule.
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SUMMARY: This final rule authorizes the use of midwater long-leader gear for recreational fishing in waters seaward of a boundary line approximating the 40 fathoms depth contour off the coast of Oregon. Both charter and private vessels are authorized to use midwater long-
leader gear seaward of the 40 fathom seasonal depth closure, while being monitored with the existing Oregon Ocean Recreational Boat Sampling (ORBS) program. The use of midwater long-leader gear is intended to limit bycatch of overfished and rebuilding rockfish species, such as bottom-dwelling yelloweye rockfish, while still allowing for the catch of abundant midwater species such as yellowtail and widow rockfish. The season will occur between April and September, months currently subject to depth restrictions.
DATES: Effective April 1, 2018.
FOR FURTHER INFORMATION CONTACT: Christopher Biegel, phone: 503-231-
6291, fax: 503-872-2737, or email: email protected.
SUPPLEMENTARY INFORMATION:
Electronic Access
This final rule is accessible via the internet at the Office of the Federal Register website at http://www.federalregister.gov. Background information and documents are available at the NMFS West Coast Region website at http://www.westcoast.fisheries.noaa.gov/fisheries/groundfish/index.html and at the Pacific Fishery Management Council's website at http://www.pcouncil.org.
Background
Since 2004, NMFS has restricted Oregon recreational groundfish fisheries to shallow depths ( Independently owned and operated;
Not dominant in its field of operation;
Has annual receipts that do not exceed--
cir $20.5 million in the case of commercial finfish harvesting entities (NAIC \1\ 114111)
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\1\ The North American Industry Classification System (NAICS) is the standard used by Federal statistical agencies in classifying business establishments for the purpose of collecting, analyzing, and publishing statistical data related to the U.S. business economy.
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cir $5.5 million in the case of commercial shellfish harvesting entities (NAIC 114112)
cir $7.5 million in the case of for-hire fishing entities (NAIC 114119); or
Has fewer than--
cir 750 employees in the case of fish processors; or
cir 100 employees in the case of fish dealers.
This final rule impacts recreational fish harvesting entities engaged in the Pacific Coast groundfish fishery. An estimated 104 recreational charter entities targeted groundfish in Oregon in 2014. Each of these vessels had an estimated average revenue of $35,743 from groundfish, from a total annual average revenue of $116,453, with other significant revenue earned in the salmon, tuna/albacore, and shellfish fisheries.
In 2015 there were 106,504 angler trips in the Oregon recreational groundfish fisheries. This accounted for $14,225,329 in trip-related expenses (excludes durable goods) and 327 jobs in the state of Oregon.
Many charter operations in Oregon earn a majority of their revenue from salmon fishing, however given the natural variability of the salmon fishery year to year, there is a potential for more commercial charter operations to turn to groundfish if the salmon fishery declines.
Description of the Projected Reporting, Recordkeeping, and Other Compliance Requirements
There are no new reporting and recordkeeping requirements associated with this rule.
Description of the Steps the Agency Has Taken To Minimize the Significant Economic Impact on Small Entities Consistent With the Stated Objectives of Applicable Statutes
The economic impact of the measures in this rule are discussed in section 3.4 of the final Environmental Assessment (EA) (see the Electronic Access section of this preamble) and are not repeated here. This rule is expected to give recreational charter entities in Oregon increased flexibility to pursue groundfish fishing opportunities, which is expected to provide positive economic impacts. The rule does not limit any existing activity or impose any mandatory new costs on the fleet, so the overall benefit to small entities is expected to be slightly positive, as some or most vessels may not choose to participate in the midwater fishery due to increased fuel costs from the distance required to travel, and because of midwater gear requirements.
The EA analyzed three alternatives in addition to a no action alternative. The preferred alternative (Alternative 1) allows private and charter recreational vessels use long-leader gear seaward of the 40 fm depth curve from April to September. The other two alternatives would have allowed the same vessels to use long-leader gear seaward of the 40 fm depth curve from July to September (Alternative 2) or in the month of August (Alternative 3). All of the action alternatives are expected to result in minor beneficial economic impacts, with the preferred alternative providing the largest window of time for the recreational harvest to occur, and thus providing the greatest likely economic benefits. As all of the alternatives would provide positive benefits, there were no alternatives rejected that would have mitigated adverse effects on small entities.
Page 13431
Small Entity Compliance Guide
Section 212 of the Small Business Regulatory Enforcement Fairness Act of 1996 states that, for each rule or group of related rules for which an agency is required to prepare a FRFA, the agency shall publish one or more guides to assist small entities in complying with the rule, and shall designate such publications as ``small entity compliance guides.'' The agency shall explain the actions a small entity is required to take to comply with a rule or group of rules. As part of this rulemaking process, NMFS will send a small entity compliance guide to interested parties via the groundfish email list server. In addition, copies of this final rule and guides (i.e., information bulletins) are available from NMFS at the following website: http://
www.westcoast.fisheries.noaa.gov/.
List of Subjects in 50 CFR Part 660
Fisheries, Fishing, and Reporting and recordkeeping requirements.
Dated: March 23, 2018.
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
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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.
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In Sec. 660.351, add in alphabetical order the definition of ``long-leader gear'' as follows:
Sec. 660.351 Recreational fishery--definitions.
* * * * *
Long-leader gear (also known as Holloway gear) means fishing gear with the following: One fishing line, deployed with a sinker and no more than three hooks, with a minimum of 30 feet (9.14 meters) between the sinker and the lowest hook, and a non-compressible float attached to the line above the hooks. The gear may be equipped with artificial lures and flies less than or equal to 5 inches in length. Natural bait, and lures or flies greater than 5 inches in length, may not be used.
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In Sec. 660.360, paragraphs (c)(2)(i)(B) and (c)(2)(iii)(B) are revised to read as follows:
Sec. 660.360 Recreational fishery--management measures.
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(c) * * *
(2) * * *
(i) * * *
(B) Recreational rockfish conservation area (RCA). Fishing for groundfish with recreational gear is prohibited within the recreational RCA, a type of closed area or groundfish conservation area. It is unlawful to take and retain, possess, or land groundfish taken with recreational gear within the recreational RCA. A vessel fishing in the recreational RCA may not be in possession of any groundfish. For example, if a vessel fishes in the recreational salmon fishery within the RCA, the vessel cannot be in possession of groundfish while within the RCA. The vessel may, however, on the same trip fish for and retain groundfish shoreward of the RCA on the return trip to port. Off Oregon, from April 1 through September 30, recreational fishing for groundfish is prohibited seaward of a recreational RCA boundary line approximating the 40 fm (73 m) depth contour, except that fishing for flatfish (other than Pacific halibut) is allowed seaward of the 40 fm (73 m) depth contour when recreational fishing for groundfish is permitted, and fishing with long-leader gear (as defined in Sec. 660.351) is allowed seaward of the 40 fm (73 m) depth contour (i.e., within the RCA) from April 1 through September 30. Coordinates for the boundary line approximating the 40 fm (73 m) depth contour are listed at Sec. 660.71.
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(iii) * * *
(B) Lingcod. There is a 3 fish limit per day for lingcod from January 1 through December 31. The minimum size for lingcod retained in the Oregon recreational fishery is 22 in (56 cm) total length. For vessels using long-leader gear (as defined in Sec. 660.351) and fishing inside the recreational RCA, possession of lingcod is prohibited.
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FR Doc. 2018-06316 Filed 3-28-18; 8:45 am
BILLING CODE 3510-22-P
