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Federal Register / Vol. 86, No. 109 / Wednesday, June 9, 2021 / Rules and Regulations
incidental retention ratio for lingcod, which was last revised in 2019. At the April 89 and 1215, 2021, virtual meeting, the Council recommended a change in the incidental retention ratio to increase the number of incidentally caught lingcod that may be retained per Chinook salmon.
As described in the 20192020
harvest specifications and management measures Environmental Assessment, the Councils objectives with the lingcod landing ratio in the salmon troll fishery coupled with a per trip maximum retention limit are to allow incidentally caught lingcod to be landed. The intent of this ratio is to strike a balance between providing a modest economic benefit to the salmon troll fishery and reducing regulatory discards of lingcod, while also dissuading targeting of lingcod and not preempting targeted lingcod harvest opportunities in the groundfish fishery.
The most recent stock assessment 2017 indicates that biomass of lingcod has been increasing since 1999. Salmon trollers also testified at the April Council meeting that they are catching lingcod more often than in previous years when targeting Chinook salmon.
While lingcod are increasing in abundance, Chinook salmon harvest opportunities are becoming more restricted. Landings and numbers of trips, which are indicators of fishing effort, for Chinook salmon in 2020 were the lowest since 2011, which is likely due to effects of the COVID19
pandemic, as well as restricted Chinook salmon harvest opportunities in low abundance years. With low Chinook salmon harvest in 2020, lingcod reached its highest revenue contributions to salmon troll fishermen. This indicates that lingcod is contributing to fishing portfolios of some salmon troll fishermen, though the number of salmon troll vessels that retain lingcod approximately 13.5 percent has remained fairly steady since 2011. In response to these changes, at the April Council meeting, industry requested a change in the incidental lingcod retention ratio in the salmon troll fishery to allow for increased lingcod retention. Industry did not request a change to the incidental lingcod retention trip limit of ten lingcod or to any of the other lingcod harvest limits.
In response to industrys request, the Council considered most recently available scientific and fishery information, including but not limited to harvest levels in the salmon troll fishery in recent years, mortality estimates for 2019, and forecasts for ocean salmon fisheries. Based on this information, the Council recommended
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a change to the lingcod landing ratio in the salmon troll fishery.
The Councils recommendation to the incidental lingcod retention ratio in the salmon troll fishery was based on:
1 A lack of evidence that salmon trollers were targeting lingcod during Chinook salmon trips under the 2019
and 2020 landing ratio:
2 Predicted harvests of lingcod and co-occurring yelloweye rockfish that are expected to remain well within the 2021
Annual Catch Limits, while not preempting targeted groundfish fishing opportunities;
3 anecdotal information about an increasing lingcod encounter rate in the salmon troll fishery; and 4 the economic benefits of reducing regulatory discards and allowing retention of lingcod, particularly in Chinook salmon low abundance years.
Therefore, the Council recommended, and NMFS is implementing, a change in the incidental lingcod retention ratio in the salmon troll fishery north of 4010
N. lat. from a ratio of one lingcod per five Chinook salmon to a ratio of one lingcod per two Chinook salmon. The rules allowing a plus one lingcod in addition to the ratio, a ten lingcod per trip limit, and a 1,000 lbs/month limit would remain in place.
Classification This final rule makes routine inseason adjustments to groundfish fishery management measures, based on the best scientific information available, consistent with the PCGFMP and its implementing regulations.
This action is taken under the authority of 50 CFR 660.60c and is exempt from review under Executive Order 12866.
The aggregate data upon which these actions are based are available for public inspection by contacting Abbie Moyer in NMFS West Coast Region see FOR
FURTHER INFORMATION CONTACT, above, or view at the NMFS West Coast Groundfish website: http
www.westcoast.fisheries.noaa.gov/
fisheries/groundfish/index.html.
NMFS finds good cause to waive prior public notice and comment on the revisions to groundfish management measures under 5 U.S.C. 553b because notice and comment would be impracticable and contrary to the public interest. The adjustments to management measures in this document affect commercial fisheries off the coasts of Washington, Oregon, and northern California. No aspect of this action is controversial, and changes of this nature were anticipated in the final rule for the 20212022 harvest specifications and management measures which was
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published on December 11, 2020 85 FR
79880. Accordingly, for the reasons stated below, NMFS finds good cause to waive prior notice and comment.
At its April 2021 meeting, the Council recommended changing the retention ratio of lingcod to Chinook salmon in the salmon troll fishery to allow lingcod to be retained up to the status quo ten lingcod trip limit even if fewer Chinook salmon are on board. The Council recommends relieving the restriction imposed by the ratio as soon as possible, early in the salmon troll season, in an effort to reduce regulatory discards of lingcod in the salmon troll fishery north of 4010 N. lat. The 2020 fishery information upon which this recommendation is based, was not complete and available until early 2021, and therefore could not have been used during the development of the 2021
2022 harvest specifications and management measures.
Additionally, if the new retention ratio is not implemented until closer to the end of the Chinook salmon troll season, after proposed and final rulemaking, lingcod would continue to be discarded rather than retained.
Leaving the old ratio in place would fail to meet the Councils objectives to reduce regulatory discards of lingcod, and to provide economic benefits to the salmon troll fishery while not preempting directed groundfish fisheries. Therefore, providing a comment period for this action could limit the benefits to the salmon troll fishery, and the vessels that participate in it.
Because prior notice and an opportunity for public comment are not required to be provided for this rule by 5 U.S.C. 553, or any other law, the analytical requirements of the Regulatory Flexibility Act, 5 U.S.C. 601
et seq., are not applicable. Accordingly, no Regulatory Flexibility Analysis is required for this rule and none has been prepared.
For the same reasons stated above, NMFS has determined good cause exists to waive the 30-day delay in effectiveness pursuant to 5 U.S.C. 553d so that this final rule may become effective upon publication in the Federal Register. The adjustments to management measures in this document affect commercial fisheries by changing the lingcod to Chinook salmon retention ratio in the salmon troll fishery north of 4010 N lat. This adjustment was requested by the Councils advisory bodies, as well as members of industry, during the Councils April 2021, meeting, and recommended unanimously by the Council. No aspect of this action is controversial, and
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