Rule2023-21710
Magnuson-Stevens Act Provisions; Fisheries Off West Coast States; Pacific Coast Groundfish Fishery; 2023-2024 Biennial Specifications and Management Measures; Inseason Adjustments
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
October 2, 2023
Effective
October 2, 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 for the remainder of the 2023 fishing year. This action is intended to allow commercial and recreational fishing vessels to access more abundant groundfish stocks while protecting overfished and depleted stocks.
Full Text
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<title>Federal Register, Volume 88 Issue 189 (Monday, October 2, 2023)</title>
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[Federal Register Volume 88, Number 189 (Monday, October 2, 2023)]
[Rules and Regulations]
[Pages 67656-67666]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-21710]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 660
[Docket No. 221206-0261]
RIN 0648-BM62
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
for the remainder of the 2023 fishing year. This action is intended to
allow commercial and recreational fishing vessels to access more
abundant groundfish stocks while protecting overfished and depleted
stocks.
DATES: This final rule is effective October 2, 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> including the 2021 stock assessment for quillback
rockfish (see Agenda Item E.2, Attachment 4, November 2021) and
supporting information for the Council's recommendations at the
September 2023 meeting.
FOR FURTHER INFORMATION CONTACT: Keeley Kent, phone: 206-247-8252 or
email: <a href="/cdn-cgi/l/email-protection#036866666f667a2d68666d77436d6c62622d646c75"><span class="__cf_email__" data-cfemail="fb909e9e979e82d5909e958fbb95949a9ad59c948d">[email 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 in the exclusive economic zone (EEZ) off
the coasts of Washington, Oregon, and California. The Pacific Fishery
Management Council (Council) develops groundfish harvest specifications
and management measures for 2 year periods (i.e., a biennium). 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). In 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 2023 meeting, in an effort to limit mortality of
quillback rockfish off California (as discussed below), the Council
recommended NMFS prohibit quillback rockfish retention in federal
waters off California in all recreational (i.e., bag limit of zero) and
commercial (i.e., zero retention under trip limit for minor nearshore
rockfish complex) groundfish fisheries; close the ``nearshore''
recreational groundfish fisheries for the remainder of 2023 in federal
waters for the Northern Groundfish Management Area (GMA), Mendocino
GMA, San Francisco GMA, and Central GMA; and prohibit recreational
vessels from fishing in federal waters shoreward of the 50 fathom
rockfish conservation area (RCA) boundary line. Shelf rockfish, slope
rockfish, and lingcod may be taken seaward of the 50-fathom boundary
line by recreational vessels, while it will be unlawful to take or
possess nearshore rockfish, cabezon or greenlings at any depth in
federal waters by recreational vessels. To further limit incidental
catch and discards of quillback rockfish, the Council also recommended
modifying fixed gear trip limits between 42[deg] North (N) latitude
(lat.) to 34[deg]27' N lat. for limited entry (LE) and open access (OA)
fisheries for the following co-occurring species: Minor Shelf Rockfish
complex, widow rockfish, yellowtail rockfish, canary rockfish, Minor
Nearshore Rockfish complex, lingcod, chilipepper rockfish, bocaccio
rockfish, and cabezon.
In addition to the quillback rockfish related management measure
adjustments, the Council recommended modifying fixed gear trip limits
for LE and OA fisheries for sablefish north of 36[deg] N lat. and
lingcod north of 42[deg] N lat. All of the inseason actions the Council
recommended were adjustments to be implemented for the remainder of the
2023 fishing year.
Pacific Coast groundfish fisheries are managed using harvest
specifications or
[[Page 67657]]
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., Annual Catch Targets (ACTs), trip limits,
area closures, and bag limits) that are meant to mitigate catch so as
not to exceed the harvest specifications. The harvest specifications
and mitigation measures developed for the 2023-2024 biennium used data
through the 2021 fishing year. Each of the adjustments to mitigation
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 mitigation measures are projected so as to help
harvesters achieve but not exceed the harvest limits.
Quillback Rockfish Off California
Under current management, quillback rockfish are a contributing
species within the Minor Nearshore Rockfish complex north and south of
40[deg]10' N lat. The harvest specifications for this species (ACL,
ABC, OFL) contribute to the harvest specifications of the complex.
Quillback rockfish was assessed in 2021 and that assessment was
determined to be the best scientific information available by the
Pacific Fishery Management Council's Science and Statistical Committee
as well as NMFS (see Addresses). Due to differences in data
availability and fishery exploitation, the quillback rockfish
assessment split the species into three separate assessment areas by
state boundary line. The individual assessment areas suggested
differences in abundance and potential localized depletion. The
assessment for the portion of quillback rockfish off California
indicated that population is depleted and limited mixing with other
populations of quillback rockfish off the West Coast is thought to
occur. Additionally, the assessment indicated the species has been
fished at levels too high to maintain good yields and a healthy
population since the 1990s.
In an analysis for the November 2021 Council meeting, a report by
the Groundfish Management Team (GMT) showed continued exceedances of
the OFL contribution of quillback rockfish to the nearshore rockfish
complex every year in all 4 years between 2017 and 2020 (Agenda Item
E.3.a GMT Report 2, November 2021). Additionally, the Council noted
that quillback rockfish has a 2.22 vulnerability score, making it one
of the most vulnerable rockfishes in the PCGFMP. For these reasons, the
Council recommended species-specific ACTs for quillback rockfish off
the coast of California as part of the 2023-24 harvest specifications
and management measures (87 FR 77007, December 16, 2022) to support
better tracking of mortality in light of the depleted nature of
quillback off California.
Quillback rockfish have a shared commercial and recreational
species-specific ACT of 0.87 metric tons (mt) for the area between
42[deg] N lat. and 40[deg]10' N lat. and 0.89 mt for south of
40[deg]10' N lat. (see 50 CFR 660 Table 1a and Table 2a). The ACTs were
set under the 2023-24 Groundfish Harvest Specifications and Management
Measures action in response to the 2021 stock assessment for quillback
rockfish off the coast of California, which has been deemed the best
scientific information available by NOAA Fisheries and the scientific
advisors to the Council. Given quillback rockfish are currently managed
in a stock complex, the new ACT was meant to essentially formalize the
ACL contributions for management purposes. Setting the ACTs equal to
the ACL contributions allows the Council to recommend necessary
management measures inseason when the ACL contribution is met or
projected to be met. Exceeding the ACL contribution for species in a
complex would otherwise typically not trigger a Council response or
accountability measure.
At the September 2023 Council meeting, the California Department of
Fish and Wildlife (CDFW) requested that the Council take action in
federal waters similar to management measures recently taken in
California state waters as a result of mortality of quillback rockfish
off California estimated to substantially exceed the federally set
harvest limits (see ADDRESSES). Updated quillback rockfish mortality as
of August 27, 2023, for California recreational fisheries and September
5, 2023 for California commercial landings is provided in Table 1 below
(Agenda Item G.8.a Supplemental GMT Report 5, September 2023). Table 1
demonstrates that estimated mortality across California (4.12 mt),
without taking into account commercial discards, is substantially
higher than the combined ACTs (1.76 mt) and substantially higher than
the combined OFL contributions (2.1 mt). Therefore, because the ACTs
were set in order to address localized depletion identified in the 2021
stock assessment, the Council determined that major reductions in
fishing opportunity for the remainder of the year are warranted.
Table 1--Best Estimate of 2023 California Quillback Rockfish Commercial Non-Trawl Landings and Recreational Mortality, in Metric Tons (mt)
[California Recreational Fishery Survey (CRFS) estimates through June, Anticipated Catch Values (ACVs) through August 27; commercial landings data
retrieved from PacFIN September 5. Inseason catch estimates are compared to the 2023 quillback rockfish ACT/ACL contributions north and south of
40[deg]10' N lat.]
--------------------------------------------------------------------------------------------------------------------------------------------------------
Estimated
recreational Commercial Combined 2023 Quillback ACT (= %
Area total mortality landings (mt) mortality (mt) ACL contribution) Attainment
(mt) \a\ (mt)
--------------------------------------------------------------------------------------------------------------------------------------------------------
North 40[deg]10' N lat........................................... 1.75 0.25 2.00 0.87 230
South 40[deg]10' N lat........................................... 1.84 0.28 2.12 0.89 238
--------------------------------------------------------------------------------------------------------------------------------------------------------
\a\ Commercial does not include estimated discard mortality.
In response, the Council's GMT conducted analysis to see if there
were any particular aspects of the fishery (by sector, location, gear
type, etc.) where quillback were most commonly encountered, in order to
narrow the scope of potential restrictions that may be most effective
at reducing further impacts to quillback rockfish for the remainder of
2023.
The GMT analyzed observer (commercial only) and landings data
(commercial and recreational) from 2021 and 2022 for the two geographic
areas off the coast of California with
[[Page 67658]]
quillback rockfish ACTs in 2023: between 42[deg] N lat. and 40[deg]10'
N lat. and south of 40[deg]10' N lat. The sectors with highest
estimated quillback rockfish removals in 2021 and 2022 were as follows:
landings in the recreational fishery south of 40[deg]10' N lat. (7.5 mt
in 2021 and 6.3 mt in 2022), discard mortality in the OA fixed gear
fishery north of 40[deg]10' N lat. in 2022 (5.3 mt), landings in the
recreational fishery north of 40[deg]10' N lat. (3.0 mt in 2021 and 2.9
mt in 2022), and both landings and discards combined in the nearshore
fishery both north (2.2 mt in 2021 and 1.9 mt in 2022) and south (2.7
mt in 2021 and 1.6 mt in 2022).
This information indicated that in 2021 and 2022, most landed catch
of quillback rockfish was from recreational fisheries, OA fixed gear
had high estimated discards in 2022, and the nearshore fishery has a
relatively lower overall but more consistent harvest tonnage from a mix
of both landings and discards. Further investigation on commercial
fishery encounters indicated that very few trips in the OA fixed gear
fishery that fished with hook and line gears caught quillback rockfish
in 2021 and 2022 (approximately 2 percent of trips between 42[deg] N
lat. and 40[deg]10' N lat. and less than 0.2 percent of trips south of
40[deg]10' N lat.). Comparatively, the nearshore fishery has much
higher encounter rates with quillback rockfish, with approximately 15
percent of trips between 42[deg] N lat. and 40[deg]10' N lat. and 6
percent of trips south of 40[deg]10' N lat. catching quillback
rockfish.
A further consideration of limited available spatial data indicated
that quillback rockfish are very rarely encountered in waters deeper
than 50 fathoms (91.4 meters (m)) but that the depth ranges where they
are most commonly encountered varies somewhat by latitude with more
attributed catches in shallower depths (e.g., 11-30 fathoms, 20.1-54.9
m) in the more northern areas and deeper than 20 fathoms (36.6 m) in
southern parts of the California coast.
The GMT also looked at whether the legal non-bottom contact hook-
and-line gear allowed in the non-trawl rockfish conservation area (RCA)
(50 CFR 660.330(b)(3)) has been encountering quillback rockfish. This
gear was a new management measure under the 2023-24 harvest
specifications and management measures (87 FR 77007, December 16, 2022)
within the non-trawl RCA in order to provide additional opportunity to
commercial non-trawl fisheries to target healthy stocks while relieving
pressure on depleted or constraining nearshore stocks. While data is
limited so far, the gear configurations have shown to have relatively
low bycatch of groundfish species of concern while being able to
harvest healthy midwater rockfish. In the 14 years the three
Experimental Fishing Permits (EFPs) operated that used similar gear
(Emley-Platt, Real Good Fish, and Oregon RFA EFP), a total of only
three quillback rockfish were caught. Further analysis showed that of
the 108 mt of total catch in all three EFPs combined, approximately
only 3 percent was quillback rockfish.
In light of this new information, the Council recommended limiting
the closures of trip limits by gear type and by area in order to
maintain some fishing opportunity with limited quillback rockfish
impacts, and focusing action on the sectors with greater quillback
impacts. The recommendations from the Council are projected to reduce
take of quillback rockfish in order to address localized depletion
while minimizing the economic impact to fishing communities to the
extent possible. Therefore, the Council recommended and NMFS is
implementing, by modifying Tables 2 North and South to part 660,
subpart E, Tables 3 North and South to part 660, subpart F, and 50 CFR
660.360(c)(3), a zero pound trip and bag limits, thereby effectively
prohibiting retention of quillback rockfish off California (south of
42[deg] N lat.) in both commercial (0 lbs per bimonthly period trip
limit) and recreational fisheries in federal waters (0 lbs bag limit).
The Council also recommended and NMFS is implementing, by Tables 2
North and South to part 660, subpart E, a zero pound trip limit for LE
fisheries, effectively closing those LE fisheries for period 6
(November-December) between 42[deg] North (N) latitude (lat.) to
34[deg]27' N lat. (unless otherwise specified) for the following stocks
and complexes: Minor Shelf Rockfish complex, widow rockfish, yellowtail
rockfish (42[deg] N lat. to 40[deg]10' N lat), canary rockfish, Minor
Nearshore Rockfish complex, lingcod, chilipepper rockfish (40[deg]10' N
lat. to 34[deg]27' N lat.), bocaccio rockfish (40[deg]10' N lat. to
34[deg]27' N lat.), and cabezon.
The Council recommended and NMFS is implementing, by modifying
Tables 3 North and South to part 660, subpart F, a zero pound trip
limit for OA fisheries, effectively closing the OA fisheries for period
6 (November-December) between 42[deg] North (N) latitude (lat.) to
34[deg]27' N lat. for the following stocks and complexes: Minor
Nearshore Rockfish complex, lingcod, and cabezon.
The Council recommended and NMFS is implementing, by modifying
Tables 3 North and South to part 660, subpart F, a zero pound trip
limit for OA fisheries, effectively closing the OA fishieries for
period 6 (November-December), except for vessels using legal non-bottom
contact hook and line gear (as defined at Sec. 660.330(b)(3)) between
42[deg] North (N) latitude (lat.) to 34[deg]27' N lat. (unless
otherwise specified) for the following stocks and complexes: minor
shelf rockfish (42[deg] N lat. to 40[deg]10' N lat), widow rockfish,
yellowtail rockfish (42[deg] N lat. to 40[deg]10' N lat), canary
rockfish, chilipepper rockfish (40[deg]10' N lat. to 34[deg]27' N
lat.), and bocaccio rockfish (40[deg]10' N lat. to 34[deg]27' N lat.).
Additionally, the Council recommended and NMFS is implementing, by
modifying 50 CFR 660.360, a closure for the nearshore recreational
groundfish fisheries for the remainder of 2023 in federal waters for
the Northern GMA, Mendocino GMA, San Francisco GMA, and Central GMA;
and prohibiting recreational vessels from fishing in federal waters
shoreward of the 50 fathom RCA boundary line. Shelf rockfish, slope
rockfish, and lingcod may be taken seaward of the 50-fathom boundary
line by recreational vessels, while it will be unlawful to take or
possess nearshore rockfish, cabezon or greenlings at any depth in
federal waters by recreational vessels.
Vermilion Rockfish
Vermilion rockfish off California are currently managed as part of
the Minor Shelf Rockfish complex, south of 40[deg]10' N latitude; as
well as the Minor Shelf Rockfish complex north of 40[deg]10' N
latitude, but only in the area between 42[deg] and 40[deg]10' N lat.
For 2023, the southern complex has an ACL of 1,469 mt, and vermilion
rockfish has an ACL contribution of 281.3 mt; the northern complex has
an ACL of 1,283 mt, and vermilion rockfish has an ACL contribution of
6.5 mt within it.
With the changes described above, which will shift fishing effort
from the nearshore out to the shelf, concerns about limiting shelf
stocks, specifically vermilion rockfish, arose. Due to the high value
of vermilion rockfish, there are concerns about potential effort
increases to minor shelf rockfish species, especially vermilion
rockfish, as well as additional concerns with non-compliance in
utilizing the legal non-bottom contact hook and line gear (as defined
at Sec. 660.330(b)(3)). While the Council intends to minimize impacts
to quillback rockfish, the intent of this action is also to avoid
overharvesting other species. To achieve this, the
[[Page 67659]]
Council recommended reducing trip limits to minimize the potential for
effort shift. Within the Minor Shelf Rockfish Complex, vermilion
rockfish south of 40[deg]10' ACL contribution is projected to be
exceeded and therefore the Council determined that additional trip
limit reductions should be taken. The expected mortality under current
limits are shown in Table 2.
Table 2--Projected Landings of Vermilion, Vermilion Allocation, and Projected Percentage of Vermilion Attained
Through the End of the Year by Current Trip Limit and Fishery
----------------------------------------------------------------------------------------------------------------
Projected
Area Projected OFL/ABC/ACL Contribution to attainment of ACL
landings (mt) the Minor Shelf Complex contribution
----------------------------------------------------------------------------------------------------------------
42[deg] N lat.-40[deg]10' N lat............ 6.7 mt OFL=6.99; ABC/ACL=6.54........ 102
40[deg]10' N lat.-34[deg]27' N lat......... 375.0 mt OFL=311.24; ABC/ACL=281.3..... 133
----------------------------------------------------------------------------------------------------------------
Given that the new LE trip limits for the Minor Shelf Rockfish
complex will be set to zero for the areas between 42[deg] N lat. to
40[deg]10' N lat. and 40[deg]10' N lat. to 34[deg]27' N lat. for period
6 (November-December), it is assumed that the LE entrants will shift
their effort to the OA fishery when targeting the Minor Shelf Rockfish
complex since legal non-bottom contact hook and line gear (as defined
at Sec. 660.330(b)(3)) will still be allowed in that area. Therefore,
the GMT analyzed the potential reduction to open access Minor Shelf
Rockfish complex trip limits between 42[deg] N lat. to 40[deg]10' N
lat. and 40[deg]10' N lat. to 34[deg]27' N lat. Additionally, the GMT
analyzed a potential reduction to the vermilion rockfish subtrip limit
between 40[deg]10' N lat. and 34[deg]27' N lat. (Agenda Item G.8.a
Supplemental GMT Report 5, September 2023).
Consequently, the Council recommended and NMFS is implementing, by
modifying Tables 3 North and South to part 660, subpart F, a closure of
the Minor Shelf Rockfish complex trip limit for all OA gear between
42[deg] N lat. to 34[deg]27' N lat. except legal non-bottom contact
hook and line gear (as defined at Sec. 660.330(b)(3)) (as discussed
above). For vessels using legal non-bottom contact hook and line gear,
the Council recommended and NMFS is implementing a reduction in the
Minor Shelf Rockfish complex trip limits for period 6 (November-
December). Between 42[deg] N lat. to 40[deg]10' N lat., the Minor Shelf
Rockfish trip limit will be 400 lbs. (181.4 kg) per month. Between
40[deg] 10' N lat. to 34[deg]27' N lat., the trip limit will be 2,000
lbs. (907.2 kg) per bimonthly period, of which no more than 200 lb.
(90.7 kg) may be vermilion rockfish.
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 a coast-wide ACL that is
apportioned north and south of 36[deg] N lat. based on a 5-year rolling
average of swept-area biomass from the trawl survey. In 2023, the
portion of the ACL for sablefish north of 36[deg] N lat. is 8,486 mt
with a fishery HG of 7,600 mt. The fishery HG north of 36[deg] N lat.
is further divided between the Limited Entry Fixed Gear (LEFG) and OA
sectors with 90.6 percent, or 6,885 mt, going to the LEFG sector and
9.4 percent, or 714 mt, going to the OA sector.
At the September 2023 Council meeting, the Council's 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 LEFG and OA fisheries north of 36[deg] N lat. Landings
in both northern sectors are tracking well below their respective
sector-specific targets so far in 2023, and the LEFG sector in
particular had a slow start to the fishing season, largely driven by
fishing opportunities off Alaska. 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 4 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 early September 2023.
Industry did not request changes to sablefish trip limits for the LEFG
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 3--Projected Landings of Sablefish, Sablefish Allocation, and Projected Percentage of Sablefish Attained
Through the End of the Year by Trip Limit and Fishery
----------------------------------------------------------------------------------------------------------------
Projected Projected
Fishery Trip limits landings (round Allocation percentage
weight) (mt) (mt) attained
----------------------------------------------------------------------------------------------------------------
LEFG North of 36[deg] N lat.............. Current: 4,500 lb. (2,042 215-240 417 52-58
kg)/week, not to exceed
9,000 lb. (4,082 kg)/two
months.
Recommended: 9,000 lb. 317-364 82-87
(4,082 kg)/week, not to
exceed 18,000 lb. (8,165
kg)/two months.
OA North of 36[deg] N lat................ Current: 3,000 lb. (1,361 520-561 687 76-82
kg)/day, not to exceed
6,000 lb. (2,722 kg)/two
months.
Recommended: 4,000 lb. 599-654 87-95
(1,814 kg)/day, not to
exceed 8,000 lb. (8,629
kg)/two months.
----------------------------------------------------------------------------------------------------------------
[[Page 67660]]
As shown in Table 4, under the current trip limits, the model
predicts catches of sablefish will be at or below 58 percent, or 240 mt
of the 417 mt allocation, for LEFG and 82 percent, or 561 mt of the 687
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 LEFG and OA fisheries north of 36[deg] N lat. up to 87
and 95 percent, respectively.
Trip limit increases for sablefish are intended to increase
attainment of the non-trawl HG. The recommended trip limit increases do
not change projected impacts to co-occurring rebuilding species
compared to the impacts anticipated in the 2023-24 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, trip limit changes for the LEFG fishery
north of 36[deg] N lat. to set the limits at ``9,000 lbs. (4,082.3 kg)/
week not to exceed 18,000 lbs. (8,164.7 kg)/2 months'' beginning in
period 6 (November-December) through the end of the year. NMFS is also
implementing, by modifying Tables 3 North and South to part 660,
subpart F, trip limit changes for the OA sablefish fishery north of
36[deg] N lat. to set the limits at 4,000 lbs. (1,814.4 kg)/week not to
exceed 8,000 lbs. (3,628.7 kg)/2 months starting with period 6
(November-December) through the end of the year.
Lingcod
Prior to the September 2023 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. Status
quo is currently resulting in regulatory discard for certain
participants in the fishery. 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 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 5 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 2023.
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
Fishery Trip limits landings (round
weight) (mt)
------------------------------------------------------------------------
LE North of 42[deg] N lat..... Current: 7,000 lb. 160.8
(3,175.1 kg)/two
months.
OA North of 42[deg] N lat..... Current: 3,500 lb.
(1,587.6 kg)/month.
LE North of 42[deg] N lat..... Recommended: 9,000 lb. 166.0
(4,082.3 kg)/two
months.
OA North of 42[deg] N lat..... Recommended: 4,500 lb.
(2,041.2 kg)/month.
------------------------------------------------------------------------
Under the current trip limits, the model predicts catches of
lingcod north of 42[deg] N lat. will total 160.8 mt, which is 7.1
percent of the 2023 non-trawl allocation of lingcod (2,254.1 mt). Under
the Council's recommended trip limits, lingcod mortality north of
42[deg] N lat. is expected to increase to 166.0 mt, which is 7.4
percent of the 2023 non-trawl allocation of lingcod.
Trip limit increases for lingcod are intended to marginally
increase attainment of the non-trawl allocation. The recommended trip
limit increases do not appreciably change projected impacts to co-
occurring rebuilding species compared to the impacts anticipated in the
2023-2024 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. for
period 6 (November-December) as shown above in Table 5. These changes
will be implemented through the end of 2023.
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 the 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. Changes of this nature were anticipated in the final rule for
the 2023-24 harvest specifications and management measures which
published on December 16, 2022 (87 FR 76007). The majority of the
adjustments to management measures in this action address a
conservation concern for quillback rockfish off of California as new
information demonstrates the current management measures are not
sufficient to control mortality as is needed. Therefore, providing a
comment period for this action could hamper the adherence to
scientifically informed reference points, created to ensure
sustainability of the affected fisheries, and would delay measures
intended to address localized depletion of quillback rockfish. In
addition, trip limit increases for sablefish and lingcod are expected
to potentially increase economic value of the fisheries by increasing
harvest opportunity and reducing regulatory discards. 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 the new regulations could not be
implemented in time to realize the projected benefits to fishing
[[Page 67661]]
communities. For these same reasons, 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.
List of Subjects in 50 CFR Part 660
Fisheries, Fishing, and Indian Fisheries.
Dated: September 27, 2023.
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:
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[GRAPHIC] [TIFF OMITTED] TR02OC23.005
[[Page 67662]]
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3. Revise Table 2 (South) to part 660, subpart E, to read as follows:
[GRAPHIC] [TIFF OMITTED] TR02OC23.006
[[Page 67663]]
0
4. Revise Table 3 (North) to part 660, subpart F, to read as follows:
[GRAPHIC] [TIFF OMITTED] TR02OC23.007
[[Page 67664]]
0
5. Revise Table 3 (South) to part 660, subpart F, to read as follows:
[GRAPHIC] [TIFF OMITTED] TR02OC23.008
[[Page 67665]]
[GRAPHIC] [TIFF OMITTED] TR02OC23.009
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0
6. In 660.360, revise paragraph (c)(3) introductory text, and
paragraphs (c)(3)(i)(A)(1) through (5) to read as follows:
Sec. 660.360 Recreational fishery--management measures.
* * * * *
(c) * * *
(3) California. Seaward of California, for groundfish species not
specifically mentioned in this paragraph, fishers are subject to the
overall 20-fish bag limit for all species of finfish, of which no more
than 10 fish of any one species may be taken or possessed by any one
person. Petrale sole, Pacific sanddab, and starry flounder are not
subject to a bag limit. Recreational spearfishing for all federally-
managed groundfish, is exempt from closed areas and seasons, consistent
with Title 14 of the California Code of Regulations. This exemption
applies only to recreational vessels and divers provided no other
fishing gear, except spearfishing gear, is on board the vessel.
California state law may provide regulations similar to Federal
regulations for kelp greenlings. Retention of cowcod, yelloweye
rockfish, quillback rockfish, and bronzespotted rockfish, is prohibited
in the recreational fishery seaward of California all year in all
areas. Retention of species or species groups for which the season is
closed is prohibited in the recreational fishery seaward of California
all year in all areas, unless otherwise authorized in this section. For
each person engaged in recreational fishing in the EEZ seaward of
California, the following closed areas, seasons, bag limits, and size
limits apply:
(i) * * *
(A) * * *
(1) Between 42[deg] N lat. (California/Oregon border) and
40[deg]10' N lat. (Northern Management Area), recreational fishing for
the RCG Complex and lingcod is closed from January 1 through May 14, is
open at all depths from May 15 through October October 2, 2023, is
prohibited in the EEZ shoreward of the boundary line approximating the
50 fm (91 m) depth contour along the mainland coast and along islands
and offshore seamounts October 2, 2023 through December 31.
(2) Between 40[deg]10' N lat. and 38[deg]57.50' N lat. (Mendocino
Management Area), recreational fishing for the RCG Complex and lingcod
is closed from January 1 through May 14; prohibited in the EEZ
shoreward of the boundary line approximating the 50 fm (91 m) depth
contour along the mainland coast and along islands and offshore
seamounts from May 15 through July 15 (seaward of 50 fm (91 m) is
open), is open at all depths from July 16 through October 2, 2023, and
is prohibited in the EEZ shoreward of the boundary line approximating
the 50 fm (91 m) depth contour along the mainland coast and along
islands and offshore seamounts from October 3, 2023 through December
31.
(3) Between 38[deg]57.50' N lat. and 37[deg]11' N lat. (San
Francisco Management Area), recreational fishing for the RCG Complex
and lingcod is closed from January 1 through May 14; is prohibited in
the EEZ shoreward of the boundary line approximating the 50
[[Page 67666]]
fm (91 m) depth contour along the mainland coast and along islands and
offshore seamounts from May 15 through July 15 (seaward of 50 fm (91 m)
is open), is open at all depths from July 16 through October 2, 2023,
and is prohibited in the EEZ shoreward of the boundary line
approximating the 50 fm (91 m) depth contour along the mainland coast
and along islands and offshore seamounts from October October 3, 2023
through December 31. Closures around Cordell Bank (see paragraph
(c)(3)(i)(C) of this section) also apply in this area.
(4) Between 37[deg]11' N lat. and 34[deg]27' N lat. (Central
Management Area), recreational fishing for the RCG Complex and lingcod
is closed from January 1 through April 30, is open at all depths from
May 1 through September 30; and is prohibited in the EEZ shoreward of a
boundary line approximating the 50 fm (91 m) depth contour along the
mainland coast and along islands and offshore seamounts from October 1
through December 31 (seaward of 50 fm (91 m) is open).
(5) South of 34[deg]27' N lat. (Southern Management Area),
recreational fishing for the RCG Complex and lingcod is closed from
January 1 through March 31, open at all depths from April 1 through
September 15; and is prohibited in the EEZ shoreward of a boundary line
approximating the 50 fm (91 m) depth contour from September 16 through
December 31 along the mainland coast and along islands and offshore
seamounts (seaward of 50 fm (91 m) is open), except in the CCAs where
fishing is prohibited seaward of the 40 fm (73 m) depth contour when
the fishing season is open (see paragraph (c)(3)(i)(B) of this
section).
* * * * *
[FR Doc. 2023-21710 Filed 9-29-23; 8:45 am]
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</html>Indexed from Federal Register on October 2, 2023.
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