Rule2022-21409
Magnuson-Stevens Act Provisions; Fisheries off West Coast States; Pacific Coast Groundfish Fishery; 2021-2022 Biennial Specifications and Management Measures; Inseason Adjustments
Primary source
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Published
October 3, 2022
Effective
October 3, 2022
Issuing agencies
Commerce DepartmentNational Oceanic and Atmospheric Administration
Abstract
This final rule announces routine inseason adjustments to management measures in commercial groundfish fisheries. This action is intended to allow commercial fishing vessels to access more abundant groundfish stocks while protecting overfished and depleted stocks.
Full Text
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<title>Federal Register, Volume 87 Issue 190 (Monday, October 3, 2022)</title>
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[Federal Register Volume 87, Number 190 (Monday, October 3, 2022)]
[Rules and Regulations]
[Pages 59716-59724]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-21409]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 660
[Docket No. 201204-0325]
RIN 0648-BL85
Magnuson-Stevens Act Provisions; Fisheries off West Coast States;
Pacific Coast Groundfish Fishery; 2021-2022 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.
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SUMMARY: This final rule announces routine inseason adjustments to
management measures in commercial groundfish fisheries. This action is
intended to allow commercial fishing vessels to access more abundant
groundfish stocks while protecting overfished and depleted stocks.
DATES: This final rule is effective October 3, 2022.
FOR FURTHER INFORMATION CONTACT: Keeley Kent, phone: 206-247-8252 or
email: <a href="/cdn-cgi/l/email-protection#97fcf2f2fbf2eeb9fcf2f9e3d7f9f8f6f6b9f0f8e1"><span class="__cf_email__" data-cfemail="aac1cfcfc6cfd384c1cfc4deeac4c5cbcb84cdc5dc">[email protected]</span></a>.
Electronic Access
This rule is accessible via the internet at the Office of the
Federal Register website at <a href="https://www.federalregister.gov">https://www.federalregister.gov</a>. Background
information and documents are available at the Pacific Fishery
Management Council's website at <a href="http://www.pcouncil.org/">http://www.pcouncil.org/</a>.
SUPPLEMENTARY INFORMATION:
Background
The Pacific Coast Groundfish Fishery Management Plan (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. The Pacific Fishery Management Council (Council) develops
groundfish harvest specifications and management measures for two-year
periods (i.e., a biennium). NMFS published the final rule to implement
harvest specifications and management measures for the 2021-2022
biennium for most species managed under the PCGFMP on December 11, 2020
(85 FR 79880). In
[[Page 59717]]
general, the management measures set at the start of the biennial
harvest specifications cycle help the various sectors of the fishery
attain, but not exceed, the catch limits for each stock. The Council,
in coordination with Pacific Coast Treaty Indian Tribes and the States
of Washington, Oregon, and California, recommends adjustments to the
management measures during the fishing year to achieve this goal.
At its September 2022 meeting, the Council recommended modifying
trip limits for limited entry (LE) and open access (OA) sablefish north
of 36[deg] N. latitude, modifying trip limits for LE and OA canary
rockfish north and south of 40[deg]10' N. latitude, and modifying trip
limits for LE and OA lingcod north of 42[deg] N. latitude. Pacific
Coast groundfish fisheries are managed using harvest specifications or
limits (e.g., overfishing limits (OFL), acceptable biological catch
(ABC), annual catch limits (ACL) and harvest guidelines (HG)
recommended biennially by the Council and based on the best scientific
information available at that time (50 CFR 660.60(b))). During
development of the harvest specifications, the Council also recommends
management measures (e.g., trip limits, area closures, and bag limits)
that are meant to manage catch so as not to exceed the harvest
specifications. The harvest specifications and management measures
developed for the 2021-2022 biennium used data through the 2019 fishing
year. Each of the adjustments to management measures discussed below
are based on updated fisheries information that was unavailable when
the analysis for the current harvest specifications was completed. As
new fisheries data becomes available, adjustments to management
measures are projected so as to help harvesters achieve but not exceed
the harvest limits.
Sablefish
Sablefish is an important commercial species on the west coast with
vessels targeting sablefish with both trawl and fixed gear (longlines
and pots/traps). Sablefish is managed with an ACL for north of 36[deg]
N. lat. and an ACL for south of 36[deg] N. lat.. The 2022 ACLs for the
north and south are 6,172 mt and 2,203 mt, respectively.
At the September 2022 Council meeting, the Council's Groundfish
Management Team (GMT) received requests from industry members and
members of the Council's Groundfish Advisory Subpanel to examine the
potential to increase sablefish trips limits for the LE and OA
fisheries north of 36[deg] N. lat.. The intent of increasing trip
limits is to increase harvest opportunities for vessels targeting
sablefish. To evaluate potential increases to sablefish trip limits,
the GMT made model-based landings projections under current regulations
and alternative sablefish trip limits, including the limits ultimately
recommended by the Council, for the LEFG and OA fisheries through the
remainder of the year. Table 1 shows the projected sablefish landings,
the sablefish allocations, and the projected attainment percentage by
fishery under both the current trip limits and the Council's
recommended adjusted trip limits. These projections were based on the
most recent catch information available through late August 2022.
Industry did not request changes to sablefish trip limits for the LE or
OA fishery south of 36[deg] N. lat. Therefore, NMFS and the Council did
not consider trip limit changes for these fisheries at this time.
Table 1--Projected Landings of Sablefish, Sablefish Allocation, and Projected Percentage of Sablefish Attained
Through the end of the Year by Trip Limit and Fishery
----------------------------------------------------------------------------------------------------------------
Projected
landings Allocation Projected
Fishery Trip limits (round weight) (mt) percentage
(mt) attained
----------------------------------------------------------------------------------------------------------------
LE North of 36[deg] N. lat......... Current: 2,400 lb/week 155-178 320 48-56
(1,089 kg), not to exceed
4,800 lb/two months (2,177
kg).
Recommended: 4,500 lb/week 203-246 .............. 63-77
(2,041 kg), not to exceed
9,000 lb/two months
(4,082).
OA North of 36[deg] N. lat......... Current: 600 lb/day (272 335-371 527 64-70
kg), 2,000 lb/week (907
kg), not to exceed 4,000
lb/two months (1,814 kg).
Recommended: 600 lb/day 408-472 .............. 77-89
(272 kg), 4,000 lb/week
(1,814 kg), not to exceed
8,000 lb/two months (3,629
kg).
----------------------------------------------------------------------------------------------------------------
As shown in Table 1, under the current trip limits, the model
predicts catches of sablefish will be at or below 56 percent, or 178 mt
of the 320 mt allocation, for LE fishery north of 36[deg] N. lat. and
70 percent, or 371 mt of the 527 mt allocation, for OA fishery north of
36[deg] N. lat. Under the Council's recommended trip limits, sablefish
attainment is projected to increase in the LE and OA fisheries north of
36[deg] N. lat. up to 77 and 89 percent, respectively.
Trip limit increases for sablefish are intended to increase
attainment of the non-trawl HG. The proposed trip limit increases do
not change projected impacts to co-occurring rebuilding species
compared to the impacts anticipated in the 2021-2022 harvest
specifications because the projected impacts to those species assume
that the entire sablefish ACL is harvested. Therefore, the Council
recommended and NMFS is implementing, by modifying Tables 2 North and
South to part 660, subpart E, and Tables 3 North and South to part 660,
subpart F, trip limit changes for the LE sablefish fishery north of
36[deg] N. lat. and trip limit changes for the OA sablefish fishery
north of 36[deg] N. lat. as shown above in Table 1. These changes will
be implemented through the end of 2022.
Canary Rockfish
Prior to the September 2022 meeting, the GMT received a request
from an OA fisherman from Northern California to increase the canary
rockfish OA north of 40[deg]10' N. lat. trip limit to better align with
the yellowtail rockfish trip limit in order to reduce regulatory
discarding of canary rockfish. The 2022 coastwide ACL for canary
rockfish is 1,307 mt.
To evaluate potential increases to canary rockfish trip limits, the
GMT made model-based landings projections under current regulations and
alternative trip limits, including the limits ultimately recommended by
the Council, for the LE and OA fisheries through the remainder of the
year. The GMT evaluated changes to the trip limits for canary rockfish
both north and south of 40[deg]10' N. lat. Table 2 shows the projected
canary rockfish landings, the
[[Page 59718]]
canary rockfish allocations, and the projected attainment percentage by
fishery under both the current trip limits and the Council's
recommended adjusted trip limits for north of 40[deg]10' N. lat. and
Table 3 shows the same metrics for south of 40[deg]10' N. lat. These
projections were based on the most recent catch information available
through late August 2022.
Table 2--Projected Landings of Canary Rockfish, Canary Rockfish
Allocation, and Projected Percentage of Canary Rockfish North of
40[deg]10' N. Lat. Attained Through the end of the Year by Trip Limit
and Fishery
------------------------------------------------------------------------
Projected
landings
Fishery Trip limits (round weight)
(mt)
------------------------------------------------------------------------
LE North of 40[deg]10' N. lat.. Current: 3,000 lb/two 3.3
months (1,361 kg).
Recommended: 4,000 lb/ 3.5
two months (1,814 kg).
OA North of 40[deg]10' N. lat.. Current: 1,000 lb/two 9.2
months (454 kg).
Recommended: 2,000/two 11.1
months (907 kg).
------------------------------------------------------------------------
Table 3--Projected Landings of Canary Rockfish, Canary Rockfish
Allocation, and Projected Percentage of Canary Rockfish South of
40[deg]10' N. Lat. Attained Through the end of the Year by Trip Limit
and Fishery
------------------------------------------------------------------------
Projected
landings
Fishery Trip limits (round weight)
(mt)
------------------------------------------------------------------------
LE South of 40[deg]10' N. lat.. Current: 3,500 lb/two 6.2
months (1,588 kg).
Recommended: 4,000 lb/ 6.5
two months (1,814 kg).
OA South of 40[deg]10' N. lat.. Current: 1,500 lb/two 12.2
months (680 kg).
Recommended: 2,000/two 13.8
months (907 kg).
------------------------------------------------------------------------
Under the current trip limits, the model predicts catches of canary
rockfish coastwide will total 30.9 mt (including discard mortality),
which is 25 percent of the 2022 non-trawl commercial share of canary
rockfish (123.5 mt). Under the Council's recommended trip limits,
canary rockfish mortality is expected to increase to 35 mt coastwide
(including discard mortality), which is 28 percent of the 2022 non-
trawl commercial share of canary rockfish.
Trip limit increases for canary rockfish are intended to increase
attainment of the non-trawl commercial share. The proposed trip limit
increases do not change projected impacts to co-occurring rebuilding
species compared to the impacts anticipated in the 2021-2022 harvest
specifications because the projected impacts to those species assume
that the entire canary rockfish ACL is harvested. Therefore, the
Council recommended and NMFS is implementing, by modifying Table 2
North and South to part 660, subpart E, and Table 3 North and South to
part 660, subpart F, trip limit changes for LE canary rockfish north
and south of 40[deg]10' N lat. and trip limit changes for OA canary
rockfish fishery north and south of 40[deg]10' N lat. as shown above in
Tables 2 and 3. These changes will be implemented through the end of
2022.
Lingcod
Prior to the September 2022 meeting, the GMT also received a
request to increase the lingcod trip limits north of 42[deg] N lat. to
reduce regulatory discarding and increase economic opportunity. Lingcod
is managed with an ACL north of 40[deg]10' N lat. and an ACL south of
40[deg]10' N lat. The 2022 ACL for lingcod north of 40[deg]10' N lat.
is 4,958 mt.
To evaluate potential increases to lingcod trip limits north of
42[deg] N lat., the GMT made model-based landings projections under
current regulations and alternative trip limits, including the limits
ultimately recommended by the Council, for the LE and OA fisheries
through the remainder of the year. Table 4 shows the projected lingcod
landings, the lingcod allocations, and the projected attainment
percentage by fishery under both the current trip limits and the
Council's recommended adjusted trip limits for north of 42[deg] N lat.
These projections were based on the most recent catch information
available through late August 2022.
Table 4--Projected Landings of Lingcod, Lingcod Allocation, and
Projected Percentage of Lingcod North of 42[deg] N lat. Attained Through
the end of the Year by Trip Limit and Fishery
------------------------------------------------------------------------
Projected
landings
Fishery Trip limits (round weight)
(mt)
------------------------------------------------------------------------
LE North of 42[deg] N lat...... Current: 5,000 lb/two 182.76
months (2,268 kg).
OA North of 42[deg] N lat...... Current: 2,500 lb/month
(1,134 kg).
LE North of 42[deg] N lat...... Recommended: 7,000 lb/ 188.76
two months (3,175 kg).
OA North of 42[deg] N lat...... Recommended: 3,500/
month (1,588 kg).
------------------------------------------------------------------------
Under the current trip limits, the model predicts catches of
lingcod north of 42[deg] N lat. will total 182.76 mt, which is 7.1
percent of the 2022 non-trawl allocation of lingcod (2,573.791 mt).
Under the Council's recommended trip
[[Page 59719]]
limits, lingcod mortality north of 42[deg] N lat. is expected to
increase to 188.76 mt, which is 7.3 percent of the 2022 non-trawl
allocation of lingcod (2,573.791 mt).
Trip limit increases for lingcod are intended to marginally
increase attainment of the non-trawl allocation. The proposed trip
limit increases do not appreciably change projected impacts to co-
occurring rebuilding species compared to the impacts anticipated in the
2021-2022 harvest specifications because the projected impacts to those
species assume that the entire lingcod ACL is harvested. Therefore, the
Council recommended and NMFS is implementing, by modifying Table 2
North to part 660, subpart E, and Table 3 North to part 660, subpart F,
trip limit changes for LE and OA lingcod north of 42[deg] N lat. as
shown above in Table 4. These changes will be implemented through the
end of 2022.
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 660.60(c) and is
exempt from review under Executive Order 12866.
The aggregate data upon which these actions are based are available
for public inspection by contacting Keeley Kent in NMFS West Coast
Region (see FOR FURTHER INFORMATION CONTACT, above), or view at the
NMFS West Coast Groundfish website: <a href="https://www.fisheries.noaa.gov/species/west-coast-groundfish">https://www.fisheries.noaa.gov/species/west-coast-groundfish</a>.
Pursuant to 5 U.S.C. 553(b), NMFS finds good cause to waive prior
public notice and an opportunity for public comment on this action, as
notice and comment would be impracticable and contrary to the public
interest. The adjustments to management measures in this document
increase trip limits for fisheries in Washington, Oregon, and
California to allow additional economic opportunity while keeping catch
within allocations established by the 2021-2022 harvest specifications.
New information became available at the September 2022 Council meeting
showing that updated 2022 catch projections using the most recent
available data were lower than projections made during the harvest
specifications process due to a combination of changing fishery
conditions, and trip limit changes made during the 2021 fishing year.
The trip limit increases are for the LE and OA sectors for sablefish
north of 36[deg] N lat., canary rockfish, and lingcod north of 42[deg]
N lat. These changes are projected to increase economic value of the
fisheries by $283,335 for sablefish, $25,324 for canary, and $10,660
for lingcod as well as reduce regulatory discards in these fisheries.
No aspect of this action is controversial, and changes of this nature
were anticipated in the final rule for the 2021-2022 harvest
specifications and management measures which published on December 11,
2020 (85 FR 79880).
Delaying implementation to allow for public comment would likely
reduce the economic benefits to the commercial fishing industry and the
businesses that rely on that industry because it is unlikely the new
regulations would publish and could be implemented before the end of
the calendar year. Therefore, providing a comment period for this
action could significantly limit the economic benefits to the fishery,
and would hamper the achievement of optimum yield from the affected
fisheries.
Therefore, the NMFS finds reason to waive the 30-day delay in
effectiveness pursuant to 5 U.S.C. 553(d)(1) 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 increasing opportunity and allowing greater economic
benefit. These adjustments were requested by the Council's advisory
bodies, as well as members of industry during the Council's September
2022 meeting, and recommended unanimously by the Council. 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 2021-
2022 (85 FR 79880, December 11, 2020).
List of Subjects in 50 CFR Part 660
Fisheries, Fishing, and Indian Fisheries.
Authority: 16 U.S.C. 1801 et seq., 16 U.S.C. 773 et seq., and 16
U.S.C. 7001 et seq.
Dated: September 28, 2022.
Jennifer M. Wallace,
Acting 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
0
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.
0
2. Revise Table 2 (North) to part 660, subpart E, to read as follows:
BILLING CODE 3510-22-P
[[Page 59720]]
[GRAPHIC] [TIFF OMITTED] TR03OC22.064
[[Page 59721]]
0
3. Revise Table 2 (South) to part 660, subpart E, to read as follows:
[GRAPHIC] [TIFF OMITTED] TR03OC22.065
[[Page 59722]]
0
4. Revise Table 3 (North) to part 660, subpart F, to read as follows:
[GRAPHIC] [TIFF OMITTED] TR03OC22.066
[[Page 59723]]
0
5. Revise Table 3 (South) to part 660, subpart F, to read as follows:
[GRAPHIC] [TIFF OMITTED] TR03OC22.067
[[Page 59724]]
[GRAPHIC] [TIFF OMITTED] TR03OC22.068
[FR Doc. 2022-21409 Filed 9-30-22; 8:45 am]
BILLING CODE 3510-22-C
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