Proposed Rule2022-19158
Magnuson-Stevens Act Provisions; Fisheries Off West Coast States; Pacific Coast Groundfish Fishery Management Plan; Amendment 30; 2023-2024 Biennial Specifications and Management Measures; Notice of Availability
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Published
September 6, 2022
Issuing agencies
Commerce DepartmentNational Oceanic and Atmospheric Administration
Abstract
NMFS announces that the Pacific Fishery Management Council has submitted Amendment 30 to the Pacific Coast Groundfish Fishery Management Plan to the Secretary of Commerce for review. If approved, Amendment 30 would specify a shortbelly rockfish catch threshold to initiate Council review; extend the length of the limited entry fixed gear sablefish primary season; change the use of Rockfish Conservation Area boundaries; expand the use of Block Area Closures to control catch of groundfish; and correct the definition of Block Area Closures. Amendment 30 is necessary to help prevent overfishing, rebuild overfished stocks, achieve optimum yield, and ensure management measures are based on the best scientific information available. It is intended to promote the goals and objectives of the Pacific Coast Groundfish Fishery Management Plan.
Full Text
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<title>Federal Register, Volume 87 Issue 171 (Tuesday, September 6, 2022)</title>
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[Federal Register Volume 87, Number 171 (Tuesday, September 6, 2022)]
[Proposed Rules]
[Pages 54445-54448]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-19158]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 660
RIN 0648-BL48
Magnuson-Stevens Act Provisions; Fisheries Off West Coast States;
Pacific Coast Groundfish Fishery Management Plan; Amendment 30; 2023-
2024 Biennial Specifications and Management Measures; Notice of
Availability
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Notice of Availability of proposed fishery management plan
amendment; request for comments.
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SUMMARY: NMFS announces that the Pacific Fishery Management Council has
submitted Amendment 30 to the Pacific Coast Groundfish Fishery
Management Plan to the Secretary of Commerce for review. If approved,
Amendment 30 would specify a shortbelly rockfish catch threshold to
initiate Council review; extend the length of the limited entry fixed
gear sablefish primary season; change the use of Rockfish Conservation
Area boundaries; expand the use of Block Area Closures to control catch
of groundfish; and correct the definition of Block Area Closures.
Amendment 30 is necessary to help prevent overfishing, rebuild
overfished stocks, achieve optimum yield, and ensure management
measures are based on the best scientific information available. It is
intended to promote the goals and objectives of the Pacific Coast
Groundfish Fishery Management Plan.
DATES: Comments on Amendment 30 must be received no later than November
7, 2022.
ADDRESSES: You may submit comments on this document, identified by
NOAA-NMFS-2022-0080, by the following method:
<bullet> Electronic Submission: Submit all electronic public
comments via the Federal e-Rulemaking Portal. Go to <a href="http://www.regulations.gov">www.regulations.gov</a>
and enter NOAA-NMFS-2022-0080 in the Search box. Click the ``Comment''
icon, complete the required fields, and enter or attach your comments.
Instructions: Comments must be submitted by the above method to
ensure that the comments are received, documented, and considered by
NMFS. 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. All comments received are a part of the public record and
NMFS will post for public viewing on <a href="http://www.regulations.gov">www.regulations.gov</a> without
change. All personal identifying information (e.g., name, address,
etc.), confidential business information, or otherwise sensitive
information submitted voluntarily by the sender is publicly accessible.
NMFS will accept anonymous comments (enter ``N/A'' in the required
fields if you wish to remain anonymous).
Electronic Access
This rule is accessible via the internet at the Office of the
Federal Register
[[Page 54446]]
website at <a href="https://www.federalregister.gov">https://www.federalregister.gov</a>/. Background information and
documents including an analysis for this action (Analysis), which
addresses the statutory requirements of the Magnuson Stevens Fishery
Conservation and Management Act (Magnuson-Stevens Act) are available
from the Pacific Fishery Management Council's website at <a href="http://www.pcouncil.org">http://www.pcouncil.org</a>. The draft Environmental Assessment (EA) which
addresses the National Environmental Policy Act, Presidential Executive
Order 12866, and the Regulatory Flexibility Act, is accessible via the
internet at the NMFS West Coast Region website at <a href="https://www.fisheries.noaa.gov/region/west-coast">https://www.fisheries.noaa.gov/region/west-coast</a>. The final 2022 Stock
Assessment and Fishery Evaluation (SAFE) report for Pacific Coast
groundfish, as well as the SAFE reports for previous years, are
available from the Pacific Fishery Management Council's (Council's)
website at <a href="http://www.pcouncil.org">http://www.pcouncil.org</a>.
FOR FURTHER INFORMATION CONTACT: Brian Hooper, Fishery Management
Specialist, at 206-526-6117 or <a href="/cdn-cgi/l/email-protection#d9bbabb0b8b7f7b1b6b6a9bcab99b7b6b8b8f7beb6af"><span class="__cf_email__" data-cfemail="d1b3a3b8b0bfffb9bebea1b4a391bfbeb0b0ffb6bea7">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION: NMFS manages the groundfish fisheries in the
exclusive economic zone (EEZ) seaward of Washington, Oregon, and
California under the Pacific Coast Groundfish fishery management plan
(PCGFMP). The Council prepared and NMFS implemented the PCGFMP under
the authority of the Magnuson-Stevens Fishery Conservation and
Management Act (Magnuson-Stevens Act), 16 U.S.C. 1801 et seq. and by
regulations at 50 CFR parts 600 and 660. The Magnuson-Stevens Act
requires that each regional fishery management council submit any
fishery management plan (FMP) or plan amendment it prepares to NMFS for
review and approval, disapproval, or partial approval by the Secretary
of Commerce. The Magnuson-Stevens Act also requires that NMFS, upon
receiving an FMP or amendment, immediately publish a notice that the
FMP or amendment is available for public review and comment. This
notice announces that the proposed Amendment 30 to the FMP is available
for public review and comment. NMFS will consider the public comments
received during the comment period described above in determining
whether to approve, partially approve, or disapprove Amendment 30 to
the FMP.
Amendment 30 would make five changes to the PCGFMP. Amendment 30
would (1) specify a shortbelly rockfish catch threshold to initiate
Council review; (2) extend the length of the limited entry fixed gear
(LEFG) sablefish primary season; (3) change the use of Rockfish
Conservation Area (RCA) boundaries; (4) expand the use of Block Area
Closures (BACs) to control catch of groundfish; and (5) correct the
definition BACs.
Shortbelly Rockfish Catch Threshold To Initiate Council Review
Shortbelly rockfish is one of the most abundant rockfish species in
the California Current Ecosystem and is a key forage species for many
fish, birds, and marine mammals. The Council recommended and NMFS
approved the designation of shortbelly rockfish as an ecosystem
component (EC) species through Amendment 29 to the PCGFMP, as part of
the 2021-2022 groundfish management measure process (85 FR 79880,
December 11, 2020). The Notice of Availability for Amendment 29 (85 FR
54529, September 2, 2020) provides additional background on shortbelly
rockfish. The Council monitors and tracks shortbelly rockfish mortality
inseason. Shortbelly rockfish are not, and have not historically been,
a directed target of commercial or recreational fisheries. Due to their
small size, shortbelly rockfish are not currently marketable. However,
concerns over the potential future development of a directed fishery
prompted the Council to note during the 2021-2022 groundfish management
measure process that it would consider taking action if mortality of
shortbelly rockfish in the fishery exceeds, or is projected to exceed,
2,000 metric tons (mt) in a calendar year. This guidance was not
formalized in the PCGFMP as part of Amendment 29. Therefore, Amendment
30 would amend the PCGFMP to add language stating that if shortbelly
rockfish mortalities exceed, or are projected to exceed 2,000 mt in a
calendar year, the Council would review relevant fishery information
and consider if management changes were warranted, including, but not
limited to reconsideration of its current classification as an EC
species. Relevant information could include but would not be limited
to, survey abundance trends and other stock status information, changes
in fishing behavior, and changes in the market interest for shortbelly
rockfish. In response to the review of the information, the Council
would consider voluntary measures taken by the fishing industry to
reduce bycatch, and consider other management measures including, but
not limited to, area closures, gear prohibitions, bycatch limits and
seasonal restrictions as deemed necessary to reduce shortbelly rockfish
mortality.
NMFS notes that routine management measures as laid out in 50 CFR
660.60(c) are not currently available for shortbelly rockfish
management because shortbelly rockfish is an EC species. Shortbelly
rockfish would need to be redesignated as ``in the fishery'' prior to
routine management measures being available for inseason use. However,
the Council could recommend, consistent with the points of concern
framework (PCGFMP Section 6.2.2), management measures to minimize
bycatch or bycatch mortality of EC species as laid out in 50 CFR
600.305(c)(5). Depending on the issue triggering the need for
management measures, this pathway might require revisiting the EC
designation.
LEFG Sablefish Primary Season Extension
Amendment 30 would permanently extend the LEFG primary sablefish
tier fishery (hereinafter referred to as primary fishery) season end
date from October 31 to December 31. The primary fishery would close on
December 31, or close 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.
The primary sablefish fishery tier program is a limited access
privilege program set up under Amendment 14 to PCGFMP (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 50 CFR 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 this sector. NMFS
sets three different tier limits through the biennial harvest
specifications and management measures process; 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 limited entry or open access trip limit 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
[[Page 54447]]
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 seven-month season. The seven-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. As of 2017, commercial vessels landing sablefish are required
to submit e-tickets within 24 hours of offload, ``to improve timeliness
and accuracy of sablefish catch reporting in the limited entry fixed
gear fisheries and open access fisheries'' (Sec. 660.213). Given the
increase in speed of modern catch accounting, the original reason for
the seven-month season is no longer applicable.
In response to industry requests and Council recommendation, NMFS
issued emergency rules in 2020 and 2021 (85 FR 68001, October 27, 2020;
86 FR 59873, October 29, 2021) to temporarily extend the sablefish
primary fishery from October 31 to December 31. These emergency actions
were intended to mitigate COVID-19 pandemic related disruptions in the
fishery by allowing participants more time to harvest their full tier
limits.
The Analysis discusses that the primary fishery has experienced
lower than average attainment since 2019 amidst higher than average
sablefish allocations. Even with the season extension in 2020 and 2021,
attainment was only 80 and 74 percent of the sector allocation,
respectively. A season extension could provide opportunity and
flexibility for vessels to fish their full tier limits and maximize
economic benefits.
Novel Utilization of Existing Rockfish Conservation Area Boundary Lines
The Council recommended a novel utilization of the previously
established RCA boundary lines for the California recreational fishery
(Sec. 660.360(c)(3)). Recreational RCA boundary lines are a set of
connecting waypoints which approximate a depth contour (Sec. 660.71
through Sec. 660.73). These lines have historically been used to allow
fishing shoreward of a specific RCA boundary line and prohibit fishing
seaward of that line. Amendment 30 would modify the PCGFMP to also
allow fishing seaward of a specified RCA boundary line and prohibit
fishing shoreward of that line. For example, fishing could be
prohibited in Federal waters shoreward of the 30, 40, 50, 60, 75, 100,
or 125, fathom line. Amendment 30 would modify the PCGFMP to allow RCAs
to be used to control catch of groundfish species. This would provide
logistical flexibility for the management of overfished species like
yelloweye rockfish (current RCA utilization) and non-overfished species
that include species of concern such as quillback rockfish, copper
rockfish, or cowcod (novel RCA utilization). This new management
measure, if approved, may be used during the regular season setting
process through the biennial specifications and management measures or
as an inseason action to achieve harvest specifications.
This proposed measure is intended to be a tool to reduce mortality
for nearshore rockfish species of concern (such as quillback rockfish,
copper rockfish, or cowcod) or rebuilding yelloweye rockfish by
shifting fishing effort away from the habitats and depths where those
stocks are most commonly encountered, and onto shelf and slope waters
to target other, healthier groundfish stocks. This measure would
provide more flexibility in managing groundfish fisheries in California
and is designed to be combined with other season structure options and
bag limit options to create a suite of management measures which take
steps to achieve harvest specifications and minimize negative impacts
to California fisheries and coastal communities. The effectiveness of
this proposed management tool would be limited based on the prevalence
of each species in state waters as compared to in the EEZ. The majority
of fishery effort for copper and quillback rockfish off California is
in state waters, therefore, the overall effectiveness of this
management measure may be constrained.
The Analysis discusses uncertainty with model projections when RCA
boundary lines are utilized in this novel way, especially for species
with a deeper depth distribution, like cowcod and yelloweye rockfish.
The California Department of Fish and Wildlife's weekly and monthly
tracking processes have been an effective and reliable tool to closely
monitor recreational inseason mortality and provide timely and accurate
information to apply inseason adjustments, such as changes to depth
limits, season length, or bag limits, to fisheries.
This proposed measure is intended to limit the negative
socioeconomic impacts that could otherwise occur as a result of the
need to reduce mortality for quillback and copper rockfishes, and stay
within harvest guidelines for yelloweye rockfish and cowcod. The
Analysis discusses the impact of this measure on the recreational boat-
based groundfish fisheries in California.
Block Area Closures for Groundfish Mitigation
Amendment 30 would modify the PCGFMP to make BACs available as a
routine management measure to control catch of groundfish by midwater
trawl and bottom trawl vessels. BACs could be implemented in the EEZ
off Washington, Oregon, and California. BACs could be implemented
within tribal Usual and Accustomed (U&A) fishing areas but would only
apply to non-tribal vessels. This proposed rule would prohibit midwater
trawl and/or bottom trawl fishing within the BAC boundaries.
BACs are size variable spatial closures bounded by latitude lines,
defined at 50 CFR 660.11, and depth contour approximations defined at
50 CFR 660.71 through 660.74 (10 fm (18 m) through 250 fm (457 m)), and
Sec. 660.76 (700 fm (1280 m)). Amendment 28 to the PCGFMP (84 FR
63966, November 19, 2019) first established BACs as a management tool.
The salmon bycatch minimization measures action (86 FR 10857, February
23, 2021) established BACs as a tool to minimize salmon bycatch. This
proposed measure would align the outermost available depth boundaries
(i.e., 700 fathoms) across all midwater and bottom trawl BACs used to
control groundfish catch.
The BAC tool would allow the Council to recommend and NMFS to
implement size variable area closures as a routine management measure
to address specific areas of high catch or bycatch of one or more
specific groundfish species rather than large fixed closure areas
(e.g., Bycatch Reduction Area or BRA). BACs would allow for the trawl
fishery to remain open in areas outside of the BACs.
This measure is needed because fishery managers do not currently
have appropriate scaled spatial tools to mitigate trawl-based
groundfish catches, while also minimizing economic impacts to the
fishing industry. BACs could be an important tool to manage a species
like Pacific spiny dogfish, which exhibit spatial and seasonal
aggregations, that may be limiting based on recent stock assessment
outlook.
During development of this measure the Council noted BACs should be
considered a last-resort measure behind industry implemented avoidance
measures. The Council also noted BAC were not intended to be used for
habitat protection because of their flexible nature.
[[Page 54448]]
Correction to the Definition of Block Area Closures
Amendment 30 would modify the PCGFMP to correct a mismatch between
the PCGFMP and current regulations regarding the definition of BACs.
The salmon bycatch minimization measures action (86 FR 10857, February
23, 2021) established BACs as a tool to minimize salmon bycatch. BACs
are described in multiple regulation sections (e.g., 50 CFR 660.11
Conservation area(s); Sec. 660.111 Block area closures; Sec.
660.60(c)(3)(i)). The regulations articulate the Council's intent to
manage incidental salmon bycatch by vessels using groundfish midwater
trawl gear in the EEZ off of Washington, Oregon, and California with
Block Area Closures (BACs). However, inadvertently, the FMP was not
updated to be consistent with regulations. To avoid potential future
implementation delays, updates would be made to the PCGFMP that are
consistent with Council intent described in the salmon bycatch
mitigation rulemaking document (86 FR 10857, February 23. 2021). The
PCGFMP would be revised to include language that BACs are available in
the EEZ seaward of Washington, Oregon and California state waters for
vessels using limited entry bottom trawl gear and in the EEZ seaward of
Washington, Oregon and California state waters for vessels using
midwater trawl gear.
NMFS welcomes comments on the proposed FMP amendment through the
end of the comment period stated in this notice of availability. A
proposed rule to implement Amendment 30 and the 2023-2024 groundfish
biennial harvest specifications and management measures has been
submitted for Secretarial review and approval. NMFS expects to publish
and request public review and comment on proposed regulations to
implement Amendment 30 in the near future. For public comments on the
proposed rule to be considered in the approval or disapproval decision
on Amendment 30, those comments must be received by the end of the
comment period on the amendment. All comments received by the end of
the comment period for the amendment, whether specifically directed to
the amendment or the proposed rule, will be considered in the approval/
disapproval decision. Comments received after that date will not be
considered in the approval/disapproval decision of the FMP amendment.
To be considered, comments must be received by close of business on the
last day of the comment period; that does not mean postmarked or
otherwise transmitted by that date.
Authority: 16 U.S.C. 1801 et seq.
Dated: August 31, 2022.
Jennifer M. Wallace,
Acting Director, Office of Sustainable Fisheries, National Marine
Fisheries Service.
[FR Doc. 2022-19158 Filed 9-2-22; 8:45 am]
BILLING CODE 3510-22-P
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