Rule2023-01571

Magnuson-Stevens Act Provisions; Fisheries Off West Coast States; Pacific Coast Groundfish Fishery; 2023-2024 Biennial Specifications and Management Measures; Inseason Adjustments

Primary source

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Published
January 26, 2023
Effective
January 26, 2023

Issuing agencies

Commerce DepartmentNational Oceanic and Atmospheric Administration

Abstract

This final rule announces routine inseason adjustments to management measures in commercial and recreational groundfish fisheries. This action is intended to allow fishing vessels to access more abundant groundfish stocks while protecting rebuilding stocks.

Full Text

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<title>Federal Register, Volume 88 Issue 17 (Thursday, January 26, 2023)</title>
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[Federal Register Volume 88, Number 17 (Thursday, January 26, 2023)]
[Rules and Regulations]
[Pages 4910-4919]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-01571]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 660

[Docket No. 221206-0261]
RIN 0648-BM02


Magnuson-Stevens Act Provisions; Fisheries Off West Coast States; 
Pacific Coast Groundfish Fishery; 2023-2024 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 and recreational groundfish 
fisheries. This action is intended to allow fishing vessels to access 
more abundant groundfish stocks while protecting rebuilding stocks.

DATES: This final rule is effective January 26, 2023.

ADDRESSES: 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>.

FOR FURTHER INFORMATION CONTACT: Dr. Sean Matson, phone: 206-526-6187 
or email: <a href="/cdn-cgi/l/email-protection#0b786e6a6525666a7f7864654b65646a6a256c647d"><span class="__cf_email__" data-cfemail="91e2f4f0ffbffcf0e5e2feffd1fffef0f0bff6fee7">[email&#160;protected]</span></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 seaward of Washington, Oregon, and 
California. The Pacific Fishery Management Council (Council) develops 
groundfish harvest specifications and management measures for 2-year 
periods (biennia). NMFS published the final rule to implement harvest 
specifications and management measures for the 2023-2024 biennium for 
most species managed under the PCGFMP on December 16, 2022 (87 FR 
77007). 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 November 2022 meeting, the Council recommended modifying 
fixed gear trip limits for limited entry (LE) and open access (OA) 
sablefish, north of 36[deg] N latitude, for LE canary rockfish north 
and south of 40[deg]10' N latitude, and for LE and OA lingcod north of 
42[deg] N latitude; as well as modifying bag limits in the Oregon 
recreational long-leader fishery, after updated information regarding 
projected catch and attainment became available, as well as requests 
from industry. 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 control catch so as not to 
exceed the harvest specifications. The harvest specifications and 
management measures developed for the 2023-2024 biennium used data 
through the 2021 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 separate ACLs for the two 
areas north and south of 36[deg] N lat. The 2023 ACLs for the North and 
South are 8,486 mt and 2,338 mt, respectively.
    At the November 2022 Council meeting, the Council's Groundfish 
Management Team (GMT) received requests from industry members and 
members of the Council's Groundfish Advisory Subpanel (GAP) to examine 
the potential to increase sablefish trips limits for the fixed gear, 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 for 
the LE and OA fisheries, the GMT made model-based landings projections 
under current regulations and alternative sablefish trip limits, 
including the limits ultimately recommended by the Council, through the 
remainder of 2023. Table 1 shows the projected sablefish landings by 
fishery, relevant sablefish allocations, and the projected attainment 
as a percentage of the landing target, 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 October 2022. Since industry did not request changes to 
sablefish trip limits for either the LE or

[[Page 4911]]

OA fishery south of 36[deg] N lat., NMFS and the Council did not 
consider trip limit changes for those southern fisheries at this time.

  Table 1--Projected Landings, Allocation, and Projected Percentage of Sablefish Attained Through 2023 by Trip
                                                Limit and Fishery
                                 [Values in parentheses show uncertainty range]
----------------------------------------------------------------------------------------------------------------
                                                                                                Projected target
            Fishery                    Trip limits           Projected        Landing target       attainment
                                                           landings (mt)           (mt)            (percent)
----------------------------------------------------------------------------------------------------------------
LE North of 36[deg] N lat......  Current: 2,400 lb/          151 (117-186)                417         36 (28-45)
                                  week, not to exceed
                                  4,800 lb/two months.
                                 Recommended: 4,500 lb/      253 (196-310)  .................         61 (47-74)
                                  week, not to exceed
                                  9,000 lb/two months.
OA North of 36[deg] N lat......  Current: 2,000 lb/          322 (278-367)                687         47 (40-53)
                                  week, not to exceed
                                  4,000 lb/two months.
                                 Recommended: 3,000 lb/      448 (386-509)  .................         65 (56-74)
                                  week, not to exceed
                                  6,000 lb/two months.
----------------------------------------------------------------------------------------------------------------

    As shown in Table 1, under the current trip limits, the models 
predict landings of sablefish will be at 36 percent, or 151 mt of the 
417 mt landing target (the target is the allocation share converted to 
landings, reduced for discard mortality) for LE fishery north of 
36[deg] N lat.; and 47 percent, or 322 mt of the 687 mt landing target, 
for the 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., to 61 and 65 
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 overfished species 
compared to the impacts anticipated in the 2023-2024 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 
start with Period 1 (January and February) and remain in place through 
the end of 2023 and beyond, unless otherwise modified.

Canary Rockfish

    Prior to the November 2022 meeting, the GMT received a request from 
the GAP to increase the canary rockfish OA north of 40[deg]10' N lat. 
trip limit both to enable a viable alternative to potentially limited 
Dungeness crab fishing opportunities at the beginning of the year, and 
to better align with the yellowtail rockfish trip limit in order to 
reduce regulatory discarding of canary rockfish. The 2023 coastwide ACL 
for canary rockfish is 1,284 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 throughout the 2023 fishing 
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 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 October 2022.

 Table 2--Projected Landings and Attainment for Canary Rockfish, for the 2023 Fishing Year by Fishery, Area, and
                                      Trip Limit, Under Current Regulations
----------------------------------------------------------------------------------------------------------------
                                                                                                      Percent
                                                                                                    attainment
                Fishery                        Trip limit            Projected     Projected sum  2023 non-trawl
                                                                   landings (mt)   landings (mt)   share (121.2
                                                                                                        mt)
----------------------------------------------------------------------------------------------------------------
LE North of 40[deg]10' N lat..........  3,000 lb/two months.....             4.2            27.5              23
OA North of 40[deg]10' N lat..........  1,000 lb/two months.....             5.2  ..............  ..............
LE South of 40[deg]10' N lat..........  3,500 lb/two months.....             5.9  ..............  ..............
OA South of 40[deg]10' N lat..........  1,500 lb/two months.....            12.2  ..............  ..............
----------------------------------------------------------------------------------------------------------------


 Table 3--Projected Landings and Attainment for Canary Rockfish, for the 2023 Fishing Year by Fishery, Area, and
                                Trip Limit, Under Council-Recommended Trip Limits
----------------------------------------------------------------------------------------------------------------
                                                                                                      Percent
                                                                                                    attainment
                Fishery                        Trip limit            Projected     Projected sum  2023 non-trawl
                                                                   landings (mt)   landings (mt)   share (121.2
                                                                                                        mt)
----------------------------------------------------------------------------------------------------------------
LE North of 40[deg]10' N lat..........  4,000 lb/two months.....             5.6              39              32

[[Page 4912]]

 
OA North of 40[deg]10' N lat..........  2,000 lb/two months.....            10.4  ..............  ..............
LE South of 40[deg]10' N lat..........  4,000 lb/two months.....             6.8  ..............  ..............
OA South of 40[deg]10' N lat..........  2,000 lb/two months.....            16.2  ..............  ..............
----------------------------------------------------------------------------------------------------------------

    Under the current trip limits, the model predicts catches of canary 
rockfish coastwide will total 27.5 mt (including discard mortality), 
which is 23 percent of the 2023 non-trawl commercial share of canary 
rockfish (121.2 mt). Under the Council's recommended trip limits, 
canary rockfish mortality is expected to increase to 39 mt coastwide 
(including discard mortality), which is 32 percent of the 2023 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 overfished 
species compared to the impacts anticipated in the 2023-2024 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 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 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 start with Period 1 (January and 
February) and remain in place through the end of 2023 and beyond, 
unless otherwise modified.

Lingcod

    For the November 2022 meeting, the GMT also received a request to 
continue the lingcod trip limits north of 42[deg] N lat. at the same 
levels from Period 6 of 2022, in order to continue the effect of 
reduced regulatory discarding and increased 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 2023 ACL for lingcod north of 40[deg]10' 
N lat. is 4,378 mt.
    To evaluate potential impacts of the requested 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 for 2023. Table 4 shows the projected lingcod 
landings, the lingcod allocations, the projected attainment percentage, 
and accompanying estimated yelloweye rockfish impacts 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 October 2022.

 Table 4--Projected Landings of Lingcod, Lingcod Allocation, Projected Percentage of Lingcod North of 42[deg] N
 Lat. Attained Through the End of the Year by Trip Limit and Fishery, Together With Projected Yelloweye Rockfish
                                                     Impacts
----------------------------------------------------------------------------------------------------------------
                                                                     Non-trawl       Projected       Projected
                                                     Projected        lingcod         lingcod        yelloweye
            Fishery                Trip limits        lingcod       allocation      attainment       rockfish
                                                   landings (mt)       (mt)          (percent)     impacts (mt)
----------------------------------------------------------------------------------------------------------------
LE North of 42[deg] N lat.....  Current: 5,000              24.3         2,573.8             5.2            1.11
                                 lb/two months.
OA North of 42[deg] N lat.....  Current: 2,500             110.4  ..............  ..............  ..............
                                 lb/month.
LE North of 42[deg] N lat.....  Recommended:                30.0          2573.8             6.2            1.32
                                 7,000 lb/two
                                 months.
OA North of 42[deg] N lat.....  Recommended:               129.4  ..............  ..............  ..............
                                 3,500/month.
----------------------------------------------------------------------------------------------------------------

    Under the current trip limits, the model predicts catches of 
lingcod north of 42[deg] N lat. will total 134.7 mt, which is 5.2 
percent of the 2023 non-trawl allocation of lingcod (2,573.8 mt). Under 
the Council's recommended trip limits, lingcod mortality north of 
42[deg] N lat. is expected to increase to 159.4 mt, which is 6.2 
percent of the 2023 non-trawl allocation of lingcod (2,573.8 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 (yelloweye rockfish) compared to the 
impacts anticipated in the 2023-2024 harvest specifications (Table 4). 
At the higher level of the lingcod non-trawl allocation, projected 
impacts to yelloweye rockfish are still projected to be the same under 
either current or recommended trip limits (3.9 mt), due a projection of 
yelloweye bycatch levels assuming the entire lingcod allocation is 
attained, in the harvest specifications analysis.
    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 start with 
Period 1 (January and February) and remain in place through the end of 
2023 and beyond, unless otherwise modified.

Oregon Recreational Long-Leader Fishery

    At the November 2022 Council meeting, the GMT and ODFW received 
requests from members of industry and

[[Page 4913]]

the GAP, to examine the potential for increasing the daily bag limit in 
the Oregon recreational long-leader fishery to more than the current 10 
fish per day. Increasing the daily bag limit is intended to encourage 
additional anglers to participate in the long-leader fishery, in order 
to reduce effort on nearshore stocks such as black, China, copper, and 
quillback rockfishes because the 2023-24 harvest limits for many 
nearshore rockfish stocks are very small. At the same time, Oregon 
experienced record groundfish effort in 2022, which fits within a 
continuing trend of high effort since 2015 forward, and implies similar 
fishery behavior in 2023. Impacts of the proposed action were analyzed 
by ODFW staff, and the Council ultimately recommended the daily bag 
limit in the Oregon recreational long-leader fishery to be increased 
from 10 to 15 fish per day.
    ODFW staff presented an analysis in which they deterministically 
projected 2023 catch by expanding results of the long-leader EFP (2018-
2022), to simulate potential catch under a 15 fish per day limit. The 
results appear in Table 5. ODFW staff found that the increases in catch 
were small and well within relevant harvest specifications.

   Table 5--ODFW's Projected Annual Impacts in mt (Salmon = Counts), for 15 Fish and 10 Fish per Day Bag Limit
                                           Using Long-Leader Gear \a\
----------------------------------------------------------------------------------------------------------------
                                                                                                   Potential max
                                                  Projected                         Hist. avg.      additional
                   Species                      average catch     Projected max    with 10 fish   impacts (proj.
                                                (recommended)     (recommended)        limit       max- current
                                                                                     (current)         avg.)
----------------------------------------------------------------------------------------------------------------
Yellowtail RF...............................             23.58             39.87           15.72           24.15
Widow RF....................................              4.47             10.24            2.98            7.26
Canary RF...................................             12.84             17.13            8.56            8.58
Silvergray RF...............................              0.12              0.22            0.08            0.14
Redstripe RF................................              0.02              0.03            0.01            0.01
Greenstriped RF.............................              0.01              0.02            0.01            0.01
Chillipepper RF.............................              0.02              0.09            0.02            0.08
Deacon RF...................................              0.14              0.33            0.09            0.24
Black RF....................................              0.01              0.03            0.01            0.03
Blue RF.....................................              0.01              0.03            0.01            0.03
Yelloweye RF (discard mortality)............               0.2              0.29            0.13            0.16
Quillback RF................................                 0                 0               0               0
Bocaccio....................................              1.89              4.11            1.26            2.85
Vermilion RF................................                 0                 0               0               0
Copper RF...................................                 0                 0               0               0
Chinook Salmon..............................                32                96              21              75
Coho Salmon.................................               217               561             145             416
----------------------------------------------------------------------------------------------------------------
\a\ Columns from left to right: Species; Projected average catch w/15 fish per day limit (recommended);
  Projected maximum catch with 15 fish per day limit (recommended); Historical average catch using 10 fish per
  day limit (current); Potential maximum additional impacts (difference between Projected Maximum and Historical
  average under 10-fish limit (current), column 3 minus column 4).

    Using a conservative approach (risk averse), using the difference 
between the expanded (1.5x) maximum annual actual catch from the 5-year 
period, and subtracting the average actual catch from the same period, 
ODFW staff provided an estimate of ``Potential maximum additional 
impacts'' (far right column, Table 5), as projections of maximum 
potential additional catch as a result of increasing the bag limit from 
10 to 15 fish. As evidence of inconsequential impacts to the ACLs, the 
analysis also compared the ``potential maximum additional impacts'', 
with the amount of uncaught fish for each species, in the most recent 
fishing year (2021), noting that for species other than yellowtail, 
canary, widow, and yelloweye rockfish, the projected maximum impacts 
were less than 0.3 mt, and thus were not presented (Table 6). For those 
species with projected maximum catch greater than 0.3 mt, 2021 catch 
statistics (most recent complete data year available) showed sizable 
buffers in attainment of the non-trawl allocation, which would easily 
absorb the projected additional mortality of this action (Table 6).

 Table 6--2021 Harvest Specifications, Sector-Specific Allocations, and Mortality Estimates, and 2023 Projections (Right Column) for Yellowtail, Widow,
                                                       Canary, Yelloweye, and Bocaccio Rockfishes
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                              Percent of                                                                   Potential max
               Species                    ACL        Total        ACL      Non-trawl   Non-trawl  % of non-trawl  OR rec. HG    OR rec.      addition.
                                                   mortality  attainment  allocation     mort.      allocation                   mort.        impacts
--------------------------------------------------------------------------------------------------------------------------------------------------------
Yellowtail..........................       6,050       2,931          48       601.5          96              16         N/A          28            24.2
Widow...............................      14,725      10,880          74         400        11.5               3         N/A         3.6             7.3
Canary..............................       1,338         562          42       351.6       178.3              51       65.06        38.5             8.6
Yelloweye...........................          50          18          36        37.9        16.7              44         6.9         3.3            0.16
Bocaccio north of 40[deg]10' N lat..         221          89          40         N/A         N/A             N/A         N/A         0.5             2.9
--------------------------------------------------------------------------------------------------------------------------------------------------------

    The proposed bag limit increases do not appreciably change 
projected impacts to co-occurring rebuilding species (yelloweye 
rockfish) compared to the impacts anticipated in the 2023-2024 harvest 
specifications (Table 6). Therefore the Council recommended, and NMFS 
is implementing, trip limit changes for the Oregon recreational long-
leader fishery from 10 to 15 fish per day, by modifying 50 CFR part 
660.360, subpart G, paragraph (c)(2)(iii)(A)(Marine fish) to maintain 
the previous restrictions, and place a separate bag limit on the long-
leader

[[Page 4914]]

fishery only. The new paragraph text will read: ``(A) Marine fish. The 
bag limit is 10 marine fish per day, which includes rockfish, kelp 
greenling, cabezon and other groundfish species; except the daily bag 
limit in the long-leader gear fishery is 15 fish per day. The bag limit 
of marine fish excludes Pacific halibut, salmonids, tuna, perch 
species, sturgeon, sanddabs, flatfish, lingcod, striped bass, hybrid 
bass, offshore pelagic species and baitfish (herring, smelt, anchovies 
and sardines). The minimum size for cabezon retained in the Oregon 
recreational fishery is 16 in (41 cm) total length.'' These changes 
will be effective beginning in January, 2023 and remain in place 
through the end of 2023 and beyond, unless otherwise modified.

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 Dr. Sean Matson 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 2023-2024 harvest specifications. 
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. Over the year 2023, these changes are projected to potentially 
increase economic value of the fisheries by $989,793 for sablefish, 
$71,025 for canary, and $122,777 for lingcod, as well as reduce 
regulatory discards in these fisheries. The increases to bag limits in 
the Oregon recreational long-leader fishery are needed to encourage 
seaward effort redistribution, in order to prevent conservation issues 
in the nearshore. No aspect of this action is controversial, and 
changes of this nature were anticipated in the final rule for the 2023-
2024 harvest specifications and management measures which published on 
December 16, 2022 (87 FR 77007).
    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 in time to realize 
the projected benefits to fishing communities and the resource. A delay 
in implementation could also contribute to conservation issues with 
nearshore rockfish species, without swift implementation incentives for 
seaward redistribution of recreational fishing effort in the Oregon 
recreational long-leader fishery. 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 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 November 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 2023-2024 (87 FR 77007).

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: January 23, 2023.
Kelly Denit,
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 4915]]

[GRAPHIC] [TIFF OMITTED] TR26JA23.002


0
3. Revise Table 2 (South) to part 660, subpart E, to read as follows:

[[Page 4916]]

[GRAPHIC] [TIFF OMITTED] TR26JA23.003


0
4. Revise Table 3 (North) to part 660, subpart F, to read as follows:

[[Page 4917]]

[GRAPHIC] [TIFF OMITTED] TR26JA23.004


0
5. Revise Table 3 (South) to part 660, subpart F, to read as follows:

[[Page 4918]]

[GRAPHIC] [TIFF OMITTED] TR26JA23.005


[[Page 4919]]


[GRAPHIC] [TIFF OMITTED] TR26JA23.006


0
6. In Sec.  660.360, revise paragraph (c)(2)(iii)(A) to read as 
follows:
    (c) * * *
    (2) * * *
    (iii) * * *
    (A) Marine fish. The bag limit is 10 marine fish per day, which 
includes rockfish, kelp greenling, cabezon and other groundfish 
species; except the daily bag limit in the long-leader gear fishery is 
15 fish per day. The bag limit of marine fish excludes Pacific halibut, 
salmonids, tuna, perch species, sturgeon, sanddabs, flatfish, lingcod, 
striped bass, hybrid bass, offshore pelagic species and baitfish 
(herring, smelt, anchovies and sardines). The minimum size for cabezon 
retained in the Oregon recreational fishery is 16 in (41 cm) total 
length.
* * * * *
[FR Doc. 2023-01571 Filed 1-23-23; 4:15 pm]
BILLING CODE 3510-22-C


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Indexed from Federal Register on January 26, 2023.

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