Proposed Rule2023-23686
Magnuson-Stevens Act Provisions; Fisheries Off West Coast States; Pacific Coast Groundfish Fishery; Pacific Coast Groundfish Fishery Management Plan; 2024 Specifications and Management Measures Corrections
Primary source
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Published
October 27, 2023
Issuing agencies
Commerce DepartmentNational Oceanic and Atmospheric Administration
Abstract
This rule proposes to correct 2024 harvest specifications for several species of groundfish where the numerical values were mathematically calculated incorrectly and do not accurately reflect the harvest policy recommendations of the Pacific Fishery Management Council (Council). These harvest specifications are for groundfish caught in the U.S. exclusive economic zone seaward of Washington, Oregon, and California, consistent with the Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-Stevens Act) and the Pacific Coast Groundfish Fishery Management Plan (PCGFMP). This proposed rule would revise harvest limits or allocations that were calculated based on incorrect annual catch limits. This action would implement corrected numerical values that align with the Council's intended harvest policy decisions and considers the most recent fishery information available at the time those policies were recommended.
Full Text
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<title>Federal Register, Volume 88 Issue 207 (Friday, October 27, 2023)</title>
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[Federal Register Volume 88, Number 207 (Friday, October 27, 2023)]
[Proposed Rules]
[Pages 73810-73822]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-23686]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 660
[Docket No. 231023-0250]
RIN 0648-BM60
Magnuson-Stevens Act Provisions; Fisheries Off West Coast States;
Pacific Coast Groundfish Fishery; Pacific Coast Groundfish Fishery
Management Plan; 2024 Specifications and Management Measures
Corrections
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Proposed rule; request for comments.
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SUMMARY: This rule proposes to correct 2024 harvest specifications for
several species of groundfish where the numerical values were
mathematically calculated incorrectly and do not accurately reflect the
harvest policy recommendations of the Pacific Fishery Management
Council (Council). These harvest specifications are for groundfish
caught in the U.S. exclusive economic zone seaward of Washington,
Oregon, and California, consistent with the Magnuson-Stevens Fishery
Conservation and Management Act (Magnuson-Stevens Act) and the Pacific
Coast Groundfish Fishery Management Plan (PCGFMP). This proposed rule
would revise harvest limits or allocations that were calculated based
on incorrect annual catch limits. This action would implement corrected
numerical values that align with the Council's intended harvest policy
decisions and considers the most recent fishery information available
at the time those policies were recommended.
DATES: Comments must be received no later than November 13, 2023.
ADDRESSES: Submit your comments on the proposed rule identified by
NOAA-NMFS-2023-0108, by the following method:
<bullet> Electronic Submissions: Submit all electronic public
comments via the Federal e-Rulemaking Portal. Go to <a href="https://www.regulations.gov">https://www.regulations.gov</a> and enter NOAA-NMFS-2023-0108 in the Search box.
Click the ``Comment'' icon, complete the required fields, and enter or
attach your comments.
Instructions: Comments must be submitted by the above method to
ensure that the comments are received, documented, and considered by
NMFS. Comments sent by any other method, to any other address or
individual, or received after the end of the comment period, may not be
considered. All comments received are a part of the public record and
NMFS will post for public viewing on <a href="https://www.regulations.gov">https://www.regulations.gov</a>
without change. All personal identifying information (e.g., name,
address, etc.), confidential business information, or otherwise
sensitive information submitted voluntarily by the sender is publicly
accessible. NMFS will accept anonymous comments (enter ``N/A'' in the
required fields if you wish to remain anonymous).
Electronic Access
This rulemaking is accessible via the internet at the Office of the
Federal Register website at https://
[[Page 73811]]
www.federalregister.gov/. Background information and documents
including an analysis for the policy decisions underpinning this action
(Analysis), which addresses the statutory requirements of the Magnuson-
Stevens Act are available from the Council's website at <a href="https://www.pcouncil.org">https://www.pcouncil.org</a>. The final 2022 Stock Assessment and Fishery
Evaluation (SAFE) report for Pacific Coast groundfish, as well as the
SAFE reports for previous years, are available from the Council's
website at <a href="https://www.pcouncil.org">https://www.pcouncil.org</a>. The final Environmental Assessment
(EA) and Regulatory Impact Review from the 2023-2024 harvest
specifications is available from the NMFS website at <a href="https://www.fisheries.noaa.gov/region/west-coast">https://www.fisheries.noaa.gov/region/west-coast</a>.
FOR FURTHER INFORMATION CONTACT: Gretchen Hanshew, Fishery Management
Specialist, at 206-526-6147 or <a href="/cdn-cgi/l/email-protection#4b2c392e3f28232e2565232a2538232e3c0b25242a2a652c243d"><span class="__cf_email__" data-cfemail="f0978295849398959ede98919e83989587b09e9f9191de979f86">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
I. Background
Chapter 5 of the PCGFMP requires the Council to assess the
biological, social, and economic conditions of the Pacific coast
groundfish fishery and use this information to develop harvest
specifications and management measures at least biennially. The
Council's final recommendations for 2024 harvest specifications and
management measures for over 120 species and management units were made
at its April and June 2022 meetings and published in a proposed rule on
October 14, 2022 (87 FR 62676). No public comments regarding the
subject harvest specifications and management measures were received,
and NMFS published the final rule on December 16, 2022 (87 FR 77007).
Hereafter, these proposed and final rules for the 2023-2024 harvest
specifications and management measures will be referred to as the
``original'' proposed and final rules. In a small subset (six species
or management units) of those harvest specifications and harvest target
management measures regulations, the numerical values were
miscalculated and are either too high (increasing risk of overfishing)
or are too low (increasing risk of not achieving optimum yield).
Specific details on the errors and corrected values for each species
are discussed below.
The subject harvest policies used to calculate the numerical values
(both original and corrected values in this proposed rule) for these
harvest specifications and harvest target management measures are not
revised from those described in the original proposed and final rules
for the 2023-2024 harvest specifications and management measures.
However, the correctly calculated values for those policies were not
published during the rulemaking process. Therefore, we are seeking
comments on the regulation changes in this action. All comments
received by the end of the comment period will be considered. These
measures are intended to help prevent overfishing, rebuild overfished
stocks, achieve optimum yield, and ensure management measures are based
on the best scientific information available.
II. Corrections to Harvest Specifications and Harvest Targets
Harvest specifications are numerical values of the harvestable
surplus and include overfishing limits (OFLs), the annual biological
catch (ABC), and annual catch limits (ACLs). Additional information on
harvest specifications and how they are calculated and used for fishery
management can be found in the preamble of the original proposed rule.
Harvest targets are management measures calculated based on allocations
and sharing agreements between fishery sectors and/or states. Harvest
targets are calculated based on ACLs. If the ACL numerical values are
incorrect, harvest targets will also be incorrect. The OFLs, ABCs, and
ACLs in this proposed rule are based on the best available biological
data, including projected biomass trends, information on assumed
distribution of stock biomass, and technical methods used to calculate
stock biomass and apportion that biomass within the allocation
structure of the PCGFMP. Mistakes in the calculation and apportionment
of harvestable surplus were made early in the harvest specifications
process that resulted in incorrect OFLs for a few species. Those
mistakes were not caught, and some propagated all the way through ABCs,
ACLs, and the setting of management measures like catch sharing and
allocations.
In preparing for the development of 2025-26 biennial harvest
specifications and management measures during the summer of 2023,
calculation errors for the 2023-2024 harvest specifications were
discovered. This meant that the numerical values in the regulations in
both 2023 and 2024 were not representative of the harvest policies and
technical documents for calculating harvest specifications that had
been recommended by the Council. As described below, in developing the
2023-2024 harvest specifications, the intent of the Council was to rely
on the best scientific information available. The Council and the
proposed rule correctly cite the most up to date analytical documents
(e.g., the most recent stock assessment information and the 2022 Stock
Assessment and Fishery Evaluation (SAFE) document, See ADDRESSES).
However, numerical values provided in the 2023-2024 harvest
specifications were drawn from prior harvest specification cycles,
which resulted in calculation errors in the original proposed and final
rules. This rulemaking is necessary to reflect the intent of the
Council and NMFS in the 2023-2024 harvest specifications and management
measures and the descriptions of the harvest specifications in the
original proposed rule. This proposed rule would correct the errors for
the 2024 harvest specifications, as recommended by the Council at its
September 7-14, 2023 meeting.
Due to the timing of being made aware of these mistakes, and
because the 2023 fishing season was more than 75 percent complete by
the time the Council considered this issue at its September 2023
meeting, we are only proposing corrections for the 2024 fishing season,
which begins on January 1, 2024. This action proposes correctly
calculated numerical values for 2024 that are representative of the
Council-recommended harvest control rules and that incorporate fishery
and other scientific information that was inadvertently omitted in the
original proposed and final rules. This action would not revise static
numerical values deducted from the ACLs, such as set-asides for tribal
fisheries or scientific research, except for sablefish north as
described below. All other deductions from the ACLs remain the same as
those described in the original proposed rule.
The 2022 SAFE document includes a detailed description of the
scientific basis for all of the Council Science and Statistical
Committee-recommended OFLs proposed in this rule, and is available at
the Council's website, <a href="https://www.pcouncil.org">https://www.pcouncil.org</a>.
For all species described below, revised 2024 OFLs, ABCs, ACLs and
fishery harvest guidelines are proposed at table 2a to subpart C, and
in some cases other necessary adjustments to numerical harvest target
management measures in footnotes to that table are also made. For all
species described below, except for sablefish north, revised 2024 trawl
or non-trawl allocations are proposed at table 2b to subpart C.
Additionally, for all species described below, revised 2024 shorebased
IFQ allocations are proposed at Sec. 660.140(d)(1)(ii)(D). Any
additional species-specific proposed regulatory
[[Page 73812]]
changes are described in species-specific sections below.
A. Canary Rockfish (Sebastes Pinniger)
Canary rockfish are a shelf species that is harvested in both
commercial and recreational fisheries. It is an important component of
shelf fisheries, and harvests have been well-below the ACLs in recent
years. Harvest specifications are calculated for future years by
assuming that the entire ACL will be harvested every year from the year
the assessment is conducted. The Council routinely conducts catch-only
updates to projections of harvest, so that the next harvest
specifications cycle can account for under-attainment in recent years,
resulting in increased yields. Such a catch-only projection for canary
rockfish was conducted in 2021 for the 2023-2024 harvest
specifications, but the old and not updated projections from the 2019
analysis were mistakenly carried forward to the 2023-2024 harvest
specifications. The OFL, ABC, and ACL values, and the resulting
allocations and harvest targets, should have been higher in 2023-2024
than what was implemented by the original final rule.
The July 2022 SAFE document describes how the harvest
specifications for 2023 and beyond were intended to be informed by the
2021 catch-only projection. The 2024 OFL of 1,434 mt (3,161,429 lb),
and subsequent calculations of ABC, ACL, allocations, and harvest
targets, are correctly calculated in this proposed rule (table 1) based
on the harvest control rules described in the SAFE document and the
original proposed rule. Additionally, updated 2021 projections from the
catch-only update were referenced in the SAFE document and are the same
as those proposed in this rule. The proposed harvest specifications and
the resulting numerical calculations of harvest target management
measures for canary rockfish are all based on the best scientific
information available and follow the same allocative formulas that were
used in the original proposed and final rules and described in the SAFE
document.
Table 1--Proposed Corrections to 2024 Canary Rockfish OFL, ABC, ACL,
Allocations, and Harvest Guidelines (HGs)
------------------------------------------------------------------------
Original proposed
2024 Specification and final rules Proposed corrected
(mt) (mt)
------------------------------------------------------------------------
OFL............................. 1,401 1,434
ABC............................. 1,267 1,296
ACL............................. 1,267 1,296
Fishery HG...................... 1,198.1 1,227.4
Trawl (72.3%)................... 866.2 887.4
Shorebased IFQ.................. 830.22 851.42
Non-trawl (27.7%)............... 331.9 340.0
Nearshore/non-nearshore HG...... 119.5 122.4
Washington Recreational HG...... 40.8 41.8
Oregon Recreational HG.......... 61.4 62.9
California Recreational HG...... 110.2 112.9
------------------------------------------------------------------------
B. Darkblotched Rockfish (Sebastes Crameri)
Darkblotched rockfish is a healthy slope species predominantly
harvested in commercial fisheries. Like canary rockfish, darkblotched
rockfish is an important component for groundfish fisheries and harvest
has been below the ACL in recent years. As is the case with canary
rockfish, a catch-only projection update for darkblotched rockfish was
conducted in 2021 to increase yields in 2023-2024 but the update was
mistakenly not used in calculating the numerical values of the 2023-
2024 harvest specifications that were implemented through notice and
comment rulemaking. The numerical values of the OFL, ABC, ACL, and
resulting allocations and harvest targets implemented through the
original proposed and final rules were too low.
The July 2022 SAFE document describes how the darkblotched rockfish
harvest specifications for 2023 and beyond were intended to be informed
by the 2021 catch-only projection. Numerical values in this proposed
rule are based on the 2021 projections from the catch-only update, as
recommended by the Council. This rule proposes a 2024 OFL of 857 mt
(1,889,000 lb), and subsequent calculations of ABC, ACL, and
allocations and harvest targets (table 2), which were calculated using
the harvest control rules described in the SAFE document and the
proposed rule for the 2023-2024 harvest specifications and management
measures. Therefore, the proposed harvest specifications and the
resulting numerical calculations of harvest target management measures
for darkblotched rockfish are all based on the best scientific
information available and follow the same allocative formulas that were
used in the original proposed and final rules and described in the SAFE
document.
Table 2--Proposed Corrections to 2024 Darkblotched Rockfish OFL, ABC,
ACL, Allocations, and Harvest Guidelines (HGs)
------------------------------------------------------------------------
Original proposed
2024 Specification and final rules Proposed corrected
(mt) (mt)
------------------------------------------------------------------------
OFL............................. 822 857
ABC............................. 751 782
ACL............................. 750 782
Fishery HG...................... 726.2 758.7
Trawl (72.3%)................... 689.9 720.8
Shorebased IFQ.................. 613.53 644.34
[[Page 73813]]
Non-trawl (27.7%)............... 36.3 37.9
------------------------------------------------------------------------
C. Sablefish (Anoplopoma Fimbria)
Sablefish is assessed coastwide but has formal, long-term
allocations in the area north of 36[deg] N latitude (lat.). Therefore,
ACLs for that geography must be calculated to carry out the north of
36[deg] N lat. allocations prescribed in the PCGFMP. The Council
adopted a methodology that is described in footnote z to table 2a of
subpart C, where the 5-year rolling average of proportional biomass
north and south of 36[deg] N lat. from fishery-independent survey data
will be used to apportion coastwide ACLs. Due to an error, the ACL
apportionment north and south of 36[deg] N lat. percentages were not
updated with the most recent years' survey information in the
development of the 2023-2024 harvest specifications. This resulted in
the northern ACL being too high and the southern ACL being too low in
the original proposed and final rules.
The apportionment percentages of the ACLs north and south that were
published in the original proposed and final rules were not consistent
with the adopted, described methodology in those same Federal Register
documents. The erroneous percentages of 78.4 percent apportioned north
of 36[deg] N lat. and 21.6 percent apportioned south of 36[deg] N lat.
were used to calculate ACLs. These percentages used 2014-2018 survey
data instead of 2015-2019 survey data, which was the most up to date 5-
year rolling average that was available at the time. Using the
described methodology of ``the rolling 5-year average estimated swept
area biomass from the NMFS NWFSC trawl survey'', the correct
percentages that should have been used are 77.9 percent apportioned
north of 36[deg] N lat. and 22.1 percent apportioned south of 36[deg] N
lat. (table 3).
Consistent with the intent of the Council and NMFS, and as
described in the original proposed rule, this proposed rule applies
that apportionment, which decreases the 2024 sablefish north of 36[deg]
N lat. ACL by 50 mt (110,231 lb) to 7,730 mt (17,042,000 lb) and
increases the 2024 sablefish south of 36[deg] N lat. ACL by 50 mt
(110,231 lb) to 2,193 mt (2,850,577 lb) in table 2a to subpart C.
Accordingly, the formal allocation and sharing percentages north of
36[deg] N lat. would be applied reducing numerical values stemming from
the corrected north ACL (table 4) and regulations would be updated with
reduced values in tables 2c to subpart C and Sec.
660.140(d)(1)(ii)(D). Further calculations within the limited entry
fixed gear sector include tier limit calculations shown in (table 5)
and found at Sec. 660.231(b)(3)(i). Additionally, the 10 percent
tribal share is recalculated based on the new ACL and is proposed to
decrease by 5 mt (11,023 lb) to 773 mt (1,704,000 lbs) at Sec.
660.50(f)(2)(ii).
Likewise, subsequent breakdowns of numerical harvest targets in
regulations for sablefish south of 36[deg] N lat. that stem from ACLs
would be increased as shown in table 6 and at table 2b to subpart C,
and at Sec. 660.140(d)(1)(ii)(D). All changes are proportional to the
increase and decrease in the respective sablefish ACLs and do not
require, or result in changes to, harvest sharing agreements described
in the original proposed and final rules for the 2023-2024 harvest
specifications and management measures and supporting analyses.
Table 3--Percentage of Biomass Used To Apportion Sablefish ACLs to Two
Areas per Five-Year Rolling Average in the Initial Rulemaking (2014-
2018) and in This Proposed Rule (2015-2019)
------------------------------------------------------------------------
Apportionment Apportionment
Area (2014-2018) (%) (2015-2019) (%)
------------------------------------------------------------------------
North of 36[deg] N lat.......... 78.4 77.9
South of 36[deg] N lat.......... 21.6 22.1
------------------------------------------------------------------------
Table 4--Proposed Revisions to 2024 Sablefish North of 36[deg] N Lat.
ACL, Shares, Allocations, and Harvest Guidelines (HGs) for Table 2c to
Subpart C
------------------------------------------------------------------------
Original proposed
Specification, allocations, etc. and final rules Proposed corrected
(mt) (mt)
------------------------------------------------------------------------
ACL............................. 7,780 7,730
Tribal Share \a\................ 778 (764.8) 773 (759.9)
Commercial HG................... 6,964 6,919
Limited Entry (LE) HG........... 6,309 6,269
Open Access HG.................. \b\ 665 (655) 650
LE Trawl........................ 3,659 3,636
Shorebased IFQ \c\.............. 3,559.56 3,535.91
All Fixed Gear.................. 2,650 2,633
Primary......................... 2,252 2,238
Daily Trip Limit (DTL).......... 397 395
------------------------------------------------------------------------
\a\ The tribal allocation is further reduced by 1.7 percent for discard
mortality, shown in parentheses.
[[Page 73814]]
\b\ Open Access HG is 9.4 percent of the Commercial HG, which should
have been 655 mt (shown in parentheses), but 665 mt is what was in the
original proposed and final rules.
\c\ Allocations to the Shorebased IFQ Program are rounded to the nearest
metric ton in table 2c to subpart C but are carried to two decimal
places at table 1 to paragraph (d)(1)(ii)(D) in Sec. 660.140.
Table 5--Proposed Revisions to 2024 Sablefish South of 36[deg] N Lat.
ACL and Harvest Guidelines (HGs) for Table 2a and 2b to Subpart C
------------------------------------------------------------------------
Original proposed
Specification, allocations, etc. and final rules Proposed corrected
(lbs) (lbs)
------------------------------------------------------------------------
ACL............................. 2,143 2,193
Fishery HG...................... 2,115.6 2,165.6
Trawl Allocation................ 888.6 909.6
Non-trawl Allocation............ 1,227 1,256
------------------------------------------------------------------------
Table 6--Proposed Revisions to 2024 Sablefish North of 36[deg] N Lat.
Tier Limits at Sec. 660.231(b)(3)(i)
------------------------------------------------------------------------
Original proposed
Tier and final rules Proposed corrected
(lbs) (lbs)
------------------------------------------------------------------------
One (1)......................... 66,805 66,377
Two (2)......................... 30,366 30,171
Three (3)....................... 17,352 17,241
------------------------------------------------------------------------
D. Squarespot Rockfish (Sebastes Hopkinsi) and Minor Shelf Rockfish
South of 40[deg]10' N Lat.
Squarespot rockfish is a dwarf species occurring off the coast of
California that is not targeted in commercial or recreational fisheries
and is managed as part of a group of minor shelf species. The 2021
data-moderate assessment found squarespot rockfish to be just below the
management target; therefore default harvest control rules employ a
precautionary reduction, per the PCGFMP framework, to decrease the
harvest specifications and recover the stock to target population size.
The squarespot rockfish harvest specifications contribute, along with
several other species, to the minor shelf rockfish complex harvest
specifications south of 40[deg]10' N lat. (hereafter ``south'');
therefore, there are no harvest specifications specific to squarespot
rockfish in the regulations and none are described in detail in the
original proposed rule. However, the original proposed rule and the
SAFE document do describe how harvest specifications for 2023-2024 were
based on the results of the 2021 squarespot rockfish stock assessment.
The 2021 squarespot rockfish stock assessment underwent scientific
review, per the Council's operating procedures, and was endorsed by
NMFS and the Council's scientific and statistical committee as the best
scientific information available upon which to base harvest
specifications.
It was recently discovered that an error occurred and 2023-2024
harvest specification contributions for squarespot rockfish were not
updated with new numbers based on the 2021 stock assessment. This
resulted in squarespot rockfish contributions to the minor shelf
rockfish complex south harvest specifications, which were implemented
in the original proposed and final rules, that were too high and were
not calculated based on the best scientific information available.
Squarespot rockfish harvest specifications contributions being too high
means that the minor shelf rockfish complex south harvest
specifications and all subsequent harvest targets were also too high.
For example, the squarespot rockfish ACL contribution was 4.8 mt too
high, which resulted in the complex ACL also being 4.8 mt too high.
This rulemaking would reduce the minor shelf rockfish complex south
harvest specifications, including an ACL reduction of 4.8 mt (10,582
lb) to 1,463 mt (3,225,363 lb), by calculating the complex harvest
specifications with the correct OFL, ABC, and ACL squarespot rockfish
contributions found in the 2021 assessment (table 7). The minor shelf
rockfish south harvest specifications shown in table 8 and in
regulations at table 2a to subpart C for OFL, ABC, and ACL would be
reduced to 1,833 mt (4,041,073 lb), 1,464 mt (3,227,568 lb), and 1,464
mt (3,227,568 lb), respectively. The minor shelf rockfish south fishery
harvest guideline would also be reduced by 4.8 mt and subsequent trawl
and non-trawl allocations would also be proportionally reduced in both
table 2a and table 2b to subpart C. Due to the reduction of the trawl
allocation, the allocation to the Shorebased IFQ Program at Sec.
660.140(d)(1)(ii)(D) is proportionally reduced based on previously
established formulas in the PCGFMP. The revised harvest specifications
and the resulting numerical calculations of harvest target management
measures are all based on the best scientific information available and
follow the same allocative formulas that were used in the original
proposed and final rules and described in the SAFE document.
Table 7--Proposed Change in 2024 Squarespot Rockfish OFL, ABC, and ACL
Contributions to the Minor Shelf Rockfish South Complex Harvest
Specifications
------------------------------------------------------------------------
Original proposed
2024 Harvest specification and final rules Proposed corrected
(mt) (mt)
------------------------------------------------------------------------
OFL............................. 11.1 6.0
ABC............................. 9.6 5.2
[[Page 73815]]
ACL............................. 9.6 4.8
------------------------------------------------------------------------
Table 8--2024 Minor Shelf Rockfish South OFL, ABC and ACL, and Harvest
Target Management Measures, With Corrected Squarespot Rockfish
Contributions
------------------------------------------------------------------------
Original proposed
2024 Harvest specification and final rules Proposed corrected
(mt) (mt)
------------------------------------------------------------------------
OFL............................. 1,838 1,833
ABC............................. 1,469 1,464
ACL............................. 1,469 1,464
Fishery HG...................... 1,336.2 1,331.4
Trawl (12.2%)................... 163.0 162.43
IFQ............................. 163 162.4
Non-trawl (87.8%)............... 1,173.2 1,169.0
------------------------------------------------------------------------
E. Yelloweye Rockfish (S. Ruberrimus)
Yelloweye rockfish is the only species in the PCGFMP currently
managed under a rebuilding plan. Additional details for the harvest
specifications and management measures of this species are described in
the original proposed rule in the section ``Stocks in Rebuilding
Plans.'' The 2023-2024 yelloweye rockfish harvest specifications are
described in the proposed rule, as well as in the July 2022 SAFE
document, as being consistent with the rebuilding plan in regulations
at Sec. 660.40(a). However, the numerical values for the 2023 and 2024
OFLs, ABCs, and ACLs that were recommended by the Council and
implemented by NMFS were miscalculated, in part, due to erroneous
application of time-varying sigma values (table 9). Time-varying sigma
values are part of default harvest control rules implemented in the
PCGFMP such that the decrease from the OFL to the ABC increases each
year, creating a larger and larger scientific uncertainty buffer as a
stock assessment ages. The error resulted in OFLs, all the subsequent
harvest specifications, and all the harvest sharing agreements that are
calculated from the ACLs, being too high in 2023 and 2024 as
implemented in the original final rule.
The Council considered updated estimates of yelloweye rockfish
harvest at its September 9-14, 2023 meeting. Estimated harvest of
yelloweye rockfish through the end of 2023 of 34.4 mt (75,839 lbs) is
expected to be below the correct, lower 2023 ACL of 53.3 mt (117,506
lbs). There does not appear to be a conservation concern in meeting
rebuilding plan parameters in 2023 despite harvest specifications that
are mistakenly too high.
The proposed 2024 yelloweye rockfish ACL in this rule of 53.3 mt
(table 10) is a 19 percent reduction from the 2024 ACL in the original
proposed and final rule but is consistent with the numerical value
presented for 2024 in projections in the yelloweye rockfish rebuilding
analysis published in January 2018. Therefore, the harvest
specifications in this proposed rule are based on the rebuilding plan,
and corresponding proportional reductions to harvest targets are
implementing the harvest policies and management measures recommended
by the Council for 2024.
Tables 9 and 10 show the proposed revisions to the harvest
specifications and harvest targets for yelloweye rockfish for 2024.
Table 9--Incorrect 2024 Harvest Specifications for Yelloweye Rockfish Implemented by the 2023-2024
Specifications and Management Measures Proposed and Final Rules
----------------------------------------------------------------------------------------------------------------
OFL (mt) ABC (mt) ACL (mt) HG (mt) ACT (mt)
----------------------------------------------------------------------------------------------------------------
All sectors..................... 123 103 66 55.3 ..............
Non-trawl....................... .............. .............. .............. 50.9 39.9
Non-Nearshore............... .............. .............. .............. 10.7 8.4
Nearshore................... .............. .............. ..............
Washington Recreational..... .............. .............. .............. 13.2 10.4
Oregon Recreational......... .............. .............. .............. 11.7 9.2
California Recreational..... .............. .............. .............. 15.3 12.0
Trawl/Shorebased IFQ \a\........ .............. .............. .............. 4.42 ..............
----------------------------------------------------------------------------------------------------------------
\a\ The trawl allocation is in regulations to one decimal place. Allocations to the Shorebased IFQ Program are
100 percent of the trawl allocation but carried to two decimal places at table 1 to paragraph (d)(1)(ii)(D) in
Sec. 660.140.
[[Page 73816]]
Table 10--Proposed 2024 Harvest Specifications for Yelloweye Rockfish, Based on the Rebuilding Plan
----------------------------------------------------------------------------------------------------------------
OFL (mt) ABC (mt) ACL (mt) HG (mt) ACT (mt)
----------------------------------------------------------------------------------------------------------------
All sectors..................... 91.2 75.9 53.3 42.6 ..............
Non-trawl....................... .............. .............. .............. 39.2 30.7
Non-Nearshore & Nearshore... .............. .............. .............. 8.2 6.4
Washington Recreational..... .............. .............. .............. 10.0 7.9
Oregon Recreational......... .............. .............. .............. 9.1 7.2
California Recreational..... .............. .............. .............. 11.8 9.3
Trawl/Shorebased IFQ............ .............. .............. .............. 3.41 ..............
----------------------------------------------------------------------------------------------------------------
F. Yellowtail Rockfish (S. Flavidus) North of 40[deg]10' N Lat.
Yellowtail rockfish are a healthy shelf species that is commonly
caught in both commercial and recreational fisheries throughout its
range, and commonly occur with canary rockfish and widow rockfishes.
Despite its popularity in commercial and recreational fisheries, its
association with those formerly rebuilding species has kept catch well
below ACLs for over a decade, with slight increases in recent years as
those co-occurring species are rebuilt and as access to waters where
yellowtail rockfish are common has increased.
Harvest specifications and management measures pertinent to
yellowtail rockfish north of 40[deg]10' N lat. (hereafter ``north'')
were not described in detail in the original proposed and final rules
for the 2023-2024 harvest specifications and management measures
because no changes to harvest control rules or management measures were
proposed for this species. The species was last assessed in 2017, and
harvest specifications for 2023-2024 were intended to be calculated
based on the 2017 stock assessment. In August 2023, it was discovered
that all harvest specifications for yellowtail rockfish north from 2019
through 2024 have been calculated incorrectly, such that the harvest
specification numerical values, and all subsequent harvest target
calculations based on those ACLs, were not accurately calculated based
on the 2017 assessment. The harvest specifications that were
recommended by the Council and implemented by NMFS in recent years were
therefore too high.
The proposed 2024 yellowtail rockfish north OFL of 5,795 mt
(12,776,000 lbs) is a 5 percent reduction in the 2024 OFL from what was
implemented through the original proposed and final rules (6,090 mt,
13,426,000 lbs). Harvest in 2017-2022 has been less than 60 percent of
the ACLs each year. Therefore, despite the fact that those ACLs were
approximately 5 percent too high, there is not a conservation concern
that harvest of yellowtail rockfish north has been higher than is
sustainable.
The proposed harvest specifications and the resulting numerical
calculations of harvest target management measures for yellowtail
rockfish north (table 11) are all based on the 2017 assessment and
follow the same harvest specifications and allocative formulas that
were used in the original proposed and final rules and described in the
SAFE document.
Table 11--Proposed Revisions to 2024 Yellowtail Rockfish North OFL, ABC,
ACL, Allocations, and Harvest Guidelines (HGs)
------------------------------------------------------------------------
Original proposed
2024 Specification and final rules Proposed corrected
(mt) (mt)
------------------------------------------------------------------------
OFL............................. 6,090 5,795
ABC............................. 5,560 5,291
ACL............................. 5,560 5,291
Fishery HG...................... 4,532.5 4,263.3
Trawl (88%)..................... 3,988.6 3,751.7
Shorebased IFQ.................. 3,668.56 3,431.69
Non-trawl (12%)................. 543.9 511.6
------------------------------------------------------------------------
G. Summary
NMFS proposes correcting the harvest specifications for 6 species
and complexes for 2024 as described above and as summarized in table
12. The 2024 fishing season begins on January 1, 2024, therefore, the
errors in the 2024 specifications currently in regulation need to be
corrected expeditiously.
Table 12--Proposed Revised 2024 OFLs, ABCs, ACLs, and Fishery Harvest Guidelines (HGs) for 6 Species or
Complexes
----------------------------------------------------------------------------------------------------------------
Stock/complex Area OFL (mt) ABC (mt) ACL (mt) Fishery HG (mt)
----------------------------------------------------------------------------------------------------------------
YELLOWEYE ROCKFISH........... Coastwide...... 91.2 75.9 53.3 42.6
Canary Rockfish.............. Coastwide...... 1,434 1,296 1,296 1,227.4
Darkblotched Rockfish........ Coastwide...... 857 782 782 758.7
Sablefish.................... N of 36[deg] N \1\ 10,670 \1\ 9,923 7,730 Not Applicable
lat. \2\
S of 36[deg] N 2,193 2,165.6
lat.
Yellowtail Rockfish.......... N of 40[deg]10' 5,795 5,291 5,291 4,263.3
N lat.
[[Page 73817]]
Minor Shelf Rockfish South... S of 40[deg]10' 1,833 1,464 1,464 1,331.4
N lat.
----------------------------------------------------------------------------------------------------------------
Note: Rebuilding stocks are capitalized.
\1\ Values are the same as those in the 2023-2024 original proposed and final rules and are not proposed to be
revised in this rule.
\2\ Sablefish north of 36[deg] N lat. has a different long-term allocation framework in the PCGFMP than the
other species in this proposed rule. Proposed numerical values following this framework under the new, lower,
proposed ACL are found in table 2c to subpart C.
IV. Classification
Pursuant to section 304 (b)(1)(A) of the Magnuson-Stevens Act, the
NMFS Assistant Administrator has determined that this proposed rule is
consistent with the PCGFMP, other provisions of the Magnuson-Stevens
Act, and other applicable law, subject to further consideration after
public comment. In making its final determination, NMFS will consider
the complete record, including the data, views, and comments received
during the comment period.
Due to timing constraints resulting from when the errors were
discovered in August 2023, the recommendations from the Council to
correct these errors during its September meeting, and when the errors
need to be corrected by, NMFS is providing a 15-day comment period. The
corrected values in this proposed rule are consistent with the intent
of the Council and what was described in the original proposed and
final rules for the 2023-2024 harvest specifications and management
measures. The harvest control rules used for the species and stock
complex that are the subject of this proposed rule have been, in part,
the subject of multiple notice and comment rulemakings over the course
of the last six years. The most recent, the 2023-2024 harvest
specifications and management measures, had a 30-day comment period on
the proposed rule and no comments were received regarding the subject
species and stock complex. Failure to implement the revised harvest
specifications as soon as possible leaves harvest specifications in
place that are inconsistent with the best scientific information
available and are inconsistent with the intent of the Council and the
original proposed and final rules. Delaying final action on these
proposed measures to allow for a longer comment period than the minimum
15-day amount allowed for by the Magnuson-Stevens Act would result in
significant confusion for the industry as to which values will be in
place at the start of the fishing year on January 1, 2024 and therefore
has the potential to negatively impact vessels as they plan their
fishing operations for 2024. Failure to implement the revised harvest
specifications by the start of the fishing year, January 1, 2024, will
delay issuance of 2024 quota pounds for all the subject species and
stock complexes. If the 2024 quotas calculated and released by NMFS
based on the corrected 2024 harvest specifications proposed in this
rule are delayed to allow more time for public comment, shareholders
for those quotas effectively receive zero pounds for the start of the
year and will be unable to begin fishing, which is contrary to the
public interest and the goals and objectives of the PCGFMP to maintain
year-round groundfish fishing opportunities.
Pursuant to Executive Order 13175, this proposed rule was developed
after meaningful consultation and collaboration with tribal officials
from the area covered by the PCGFMP. Under the Magnuson-Stevens Act at
16 U.S.C. 1852(b)(5), one of the voting members of the Council must be
a representative of an Indian tribe with federally recognized fishing
rights from the area of the Council's jurisdiction. This proposed rule
revises the numerical values of the sablefish north ACL to correctly
apply the harvest control rules recommended by the Council. As a
result, the regulations that implement the long-term allocation and
sharing agreements for sablefish north in the PCGFMP, including the
numerical calculation of the 10 percent tribal share, must be
recalculated and proposed for revision in this rule. No other tribal
management measures are proposed to be revised in this rule. The
regulations at 50 CFR 660.50 direct NMFS to develop tribal allocations
and regulations in consultation with the affected tribes. In this
instance, no change to harvest policies is proposed. Therefore,
additional tribal consultation was not required and none was conducted.
This proposed rule has been determined to be not significant for
purposes of Executive Order 12866.
NMFS prepared documentation for this action, which addresses the
statutory requirements of the Magnuson-Stevens Act, Executive Order
12866, and the Regulatory Flexibility Act. The full suite of
alternatives analyzed by the Council can be found on the Council's
website at <a href="http://www.pcouncil.org">www.pcouncil.org</a>. NMFS addressed the statutory requirements
of the National Environmental Policy Act through preparation of an
environmental impact statement (EIS). NMFS prepared an EIS for the
2015-2016 biennial harvest specifications and management measures and
is available from NMFS (see ADDRESSES) and tiered environmental
analyses (EA) every biennium since then.
This EIS and subsequent EAs examined the harvest specifications and
management measures for 2015-2016 and 10-year projections for routinely
adjusted harvest specifications and management measures. The 10-year
projections evaluated the impacts of the ongoing implementation of
harvest specifications and management measures and to evaluate the
impacts of the routine adjustments that are the main component of each
biennial cycle. This proposed rule corrects the numerical values that
result from the application of best scientific information available
and default harvest control rules analyzed in that EIS. There are no
environmental effects expected from this proposed rule beyond those
evaluated in the EIS and the Environmental Assessment for the 2023-2024
harvest specifications and management measures. The harvest levels for
all six species or complexes have not been fully attained in recent
years and so minor adjustments to the ACLs are likely to result in no
discernable difference to the fishery or communities.
The Chief Counsel for Regulation of the Department of Commerce
certified to the Chief Counsel for Advocacy of the Small Business
Administration that the 2023-2024 harvest specifications and management
measures in the original proposed and final rules would not have a
significant economic impact on a substantial number of small entities.
The Chief Counsel for Regulation of the Department of Commerce
certified to the Chief Counsel for Advocacy of the
[[Page 73818]]
Small Business Administration that this proposed rule, if adopted,
would not have a significant economic impact on a substantial number of
small entities. This proposed rule makes minor, corrective adjustments
to harvest specifications and related allocations and harvest targets
that are unlikely to make any appreciable difference to the expected
harvests in this mixed-stock fishery because the six species and
complexes with proposed changes are not constraining access to co-
occurring species. This action affects only a small number of species,
and in a mixed stock fishery the affected entities for these few
species cannot be differentiated from those described in the original
proposed rule. The same small entities identified in the original
proposed rule are the same parties that would be subject to the minor
regulatory corrections in this proposed rule. Additional information
about the affected entities and expected impacts, in the context of the
entire fishery and all species, can be found in the original proposed
rule (87 FR 62676; October, 14, 2022). No environmental or
socioeconomic impacts are expected from the proposed changes in this
rule, nor does the proposed action diverge from the harvest policies
considered in that certification. The corrections proposed in this rule
do not change the overall framework and management measures from the
original proposed and final rules and would affect large and small
entities similarly. As a result, an initial regulatory flexibility
analysis is not required and none has been prepared.
This proposed rule contains no new information collection burden
under the Paperwork Reduction Act of 1995.
List of Subjects in 50 CFR Part 660
Fisheries, Fishing, Reporting and recordkeeping requirements.
Dated: October 23, 2023.
Jonathan M. Kurland,
Acting Deputy Assistant Administrator for Regulatory Programs, National
Marine Fisheries Service.
For the reasons set out in the preamble, NOAA proposes to amend 50
CFR part 660 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. In Sec. 660.50, revise paragraph (f)(2)(ii) to read as follows:
Sec. 660.50 Pacific Coast treaty Indian fisheries.
* * * * *
(f) * * *
(2) * * *
(ii) The Tribal allocation is 849 mt in 2023 and 773 mt in 2024 per
year. This allocation is, for each year, 10 percent of the Monterey
through Vancouver area (North of 36[deg] N lat.) ACL. The Tribal
allocation is reduced by 1.7 percent for estimated discard mortality.
* * * * *
0
3. Revise tables 2a through 2c to subpart C to read as follows:
* * * * *
Table 2a to Part 660, Subpart C--2024, and Beyond, Specifications of OFL, ABC, ACL, ACT and Fishery Harvest
Guidelines
[Weights in metric tons. Capitalized stocks are overfished.]
----------------------------------------------------------------------------------------------------------------
Stocks Area OFL ABC ACL \a\ Fishery HG \b\
----------------------------------------------------------------------------------------------------------------
YELLOWEYE ROCKFISH \c\........ Coastwide....... 91 76 53.3 42.6
Arrowtooth Flounder \d\....... Coastwide....... 20,459 14,178 14,178 12,083
Big Skate \e\................. Coastwide....... 1,492 1,267 1,267 1,207.2
Black Rockfish \f\............ California (S of 364 329 329 326.6
42[deg] N lat.).
Black Rockfish \g\............ Washington (N of 319 289 289 270.5
46[deg]16' N
lat.).
Bocaccio \h\.................. S of 40[deg]10' 2,002 1,828 1,828 1,779.9
N lat.).
Cabezon\i\.................... California (S of 185 171 171 169.4
42[deg] N lat.).
California Scorpionfish \j\... S of 34[deg]27' 280 252 252 248
N lat.).
Canary Rockfish \k\........... Coastwide....... 1,434 1,296 1,296 1,227.4
Chilipepper \l\............... S of 40[deg]10' 2,346 2,121 2,121 2,023.4
N lat.).
Cowcod \m\.................... S of 40[deg]10' 112 79 79 67.8
N lat.).
Cowcod.................... (Conception).... 93 67 NA NA
Cowcod.................... (Monterey)...... 19 12 NA NA
Darkblotched Rockfish \n\..... Coastwide....... 857 782 782 758.7
Dover Sole \o\................ Coastwide....... 55,859 51,949 50,000 48,402.9
English Sole \p\.............. Coastwide....... 11,158 8,960 8,960 8,700.5
Lingcod \q\................... N of 40[deg]10' 4,455 3,854 3,854 3,574.4
N lat.).
Lingcod \r\................... S. of 40[deg]10' 855 740 722 706.5
N lat.).
Longnose Skate \s\............ Coastwide....... 1,955 1,660 1,660 1,408.7
Longspine Thornyhead \t\...... N of 34[deg]27' 4,433 2,846 2,162 2,108.3
N lat.).
Longspine Thornyhead \u\...... S of 34[deg]27' .............. .............. 683 680.8
N lat.).
Pacific Cod \v\............... Coastwide....... 3,200 1,926 1,600 1,094
Pacific Ocean Perch \w\....... N of 40[deg]10' 4,133 3,443 3,443 3,297.5
N lat.).
Pacific Whiting \x\........... Coastwide....... (\x\) (\x\) (\x\) (\x\)
Petrale Sole \y\.............. Coastwide....... 3,563 3,285 3,285 2,898.8
Sablefish \z\................. N of 36[deg] N 10,670 9,923 7,730 See table 2c
lat.
Sablefish \aa\................ S of 36[deg] N 2,193 2,165.6
lat.
Shortspine Thornyhead \bb\.... N of 34[deg]27' 3,162 2,030 1,328 1,249.7
N lat.).
Shortspine Thornyhead \cc\.... S of 34[deg]27' 702 695.3
N lat.).
Spiny Dogfish \dd\............ Coastwide....... 1,883 1,407 1,407 1,055.5
Splitnose \ee\................ S of 40[deg]10' 1,766 1,553 1,553 1,534.3
N lat.).
Starry Flounder \ff\.......... Coastwide....... 652 392 392 343.7
Widow Rockfish \gg\........... Coastwide....... 12,453 11,482 11,482 11,243.7
Yellowtail Rockfish \hh\...... N of 40[deg]10' 5,795 5,291 5,291 4,263.3
N lat.).
----------------------------------------------------------------------------------------------------------------
[[Page 73819]]
Stock Complexes
----------------------------------------------------------------------------------------------------------------
Blue/Deacon/Black Rockfish Oregon.......... 671 594 594 592.2
\ii\.
Cabezon/Kelp Greenling \jj\... Washington...... 22 17 17 15
Cabezon/Kelp Greenling \kk\... Oregon.......... 198 180 180 179.2
Nearshore Rockfish North \ll\. N of 40[deg]10' 109 91 91 87.7
N lat.).
Nearshore Rockfish South \mm\. S of 40[deg]10' 1,097 902 891 886.5
N lat.).
Other Fish \nn\............... Coastwide....... 286 223 223 201.8
Other Flatfish \oo\........... Coastwide....... 7,946 4,874 4,874 4,653.2
Shelf Rockfish North \pp\..... N of 40[deg]10' 1,610 1,278 1,278 1,207
N lat.).
Shelf Rockfish South \qq\..... S of 40[deg]10' 1,833 1,464 1,464 1,331.4
N lat.).
Slope Rockfish North \rr\..... N of 40[deg]10' 1,797 1,516 1,516 1,450.6
N lat.).
Slope Rockfish South \ss\..... S of 40[deg]10' 868 697 697 658.1
N lat.).
----------------------------------------------------------------------------------------------------------------
\a\ Annual catch limits (ACLs), annual catch targets (ACTs) and harvest guidelines (HGs) are specified as total
catch values.
\b\ Fishery HGs means the HG or quota after subtracting Pacific Coast treaty Indian tribes allocations and
projected catch, projected research catch, deductions for fishing mortality in non-groundfish fisheries, and
deductions for EFPs from the ACL or ACT.
\c\ Yelloweye rockfish. The 53.3 mt ACL is based on the current rebuilding plan with a target year to rebuild of
2029 and an SPR harvest rate of 65 percent. 10.7 mt is deducted from the ACL to accommodate the Tribal fishery
(5 mt), EFP fishing (0.12 mt), research catch (2.92 mt), and incidental open access mortality (2.66 mt)
resulting in a fishery HG of 42.6 mt. The non-trawl HG is 39.2 mt. The combined non-nearshore/nearshore HG is
8.2 mt. Recreational HGs are: 10 mt (Washington); 9.1 mt (Oregon); and 11.8 mt (California). In addition, the
non-trawl ACT is 30.7, and the combined non-nearshore/nearshore ACT is 6.4 mt. Recreational ACTs are: 7.9 mt
(Washington), 7.2 (Oregon), and 9.3 mt (California).
\d\ Arrowtooth flounder. 2,094.98 mt is deducted from the ACL to accommodate the Tribal fishery (2,041 mt),
research catch (12.98 mt) and incidental open access mortality (41 mt), resulting in a fishery HG of 12,083
mt.
\e\ Big skate. 59.8 mt is deducted from the ACL to accommodate the Tribal fishery (15 mt), research catch (5.49
mt), and incidental open access mortality (39.31 mt), resulting in a fishery HG of 1,207.2 mt.
\f\ Black rockfish (California). 2.26 mt is deducted from the ACL to accommodate EFP fishing (1.0 mt), research
catch (0.08 mt), and incidental open access mortality (1.18 mt), resulting in a fishery HG of 326.6 mt.
\g\ Black rockfish (Washington). 18.1 mt is deducted from the ACL to accommodate the Tribal fishery (18 mt) and
research catch (0.1 mt), resulting in a fishery HG of 270.5 mt.
\h\ Bocaccio south of 40[deg]10' N lat. Bocaccio are managed with stock-specific harvest specifications south of
40[deg]10' N lat. and within the Minor Shelf Rockfish complex north of 40[deg]10' N lat. 48.12 mt is deducted
from the ACL to accommodate EFP fishing (40 mt), research catch (5.6 mt), and incidental open access mortality
(2.52 mt), resulting in a fishery HG of 1,779.9 mt. The California recreational fishery south of 40[deg]10' N
lat. has an HG of 749.7 mt.
\i\ Cabezon (California). 1.63 mt is deducted from the ACL to accommodate EFP fishing (1 mt), research catch
(0.02 mt), and incidental open access mortality (0.61 mt), resulting in a fishery HG of 169.4 mt.
\j\ California scorpionfish south of 34[deg]27' N lat. 3.89 mt is deducted from the ACL to accommodate research
catch (0.18 mt) and incidental open access mortality (3.71 mt), resulting in a fishery HG of 248 mt.
\k\ Canary rockfish. 68.91 mt is deducted from the ACL to accommodate the Tribal fishery (50 mt), EFP fishing (6
mt), research catch (10.08 mt), and incidental open access mortality (2.83 mt), resulting in a fishery HG of
1,227.4 mt. The combined nearshore/non-nearshore HG is 122.4 mt. Recreational HGs are: 41.8 mt (Washington);
62.9 mt (Oregon); and 112.9 mt (California).
\l\ Chilipepper rockfish south of 40[deg]10' N lat. Chilipepper are managed with stock-specific harvest
specifications south of 40[deg]10' N lat. and within the Minor Shelf Rockfish complex north of 40[deg]10' N
lat. 97.7 mt is deducted from the ACL to accommodate EFP fishing (70 mt), research catch (14.04 mt),
incidental open access mortality (13.66 mt), resulting in a fishery HG of 2,023.4 mt.
\m\ Cowcod south of 40[deg]10' N lat. Cowcod are managed with stock-specific harvest specifications south of
40[deg]10' N lat. and within the Minor Shelf Rockfish complex north of 40[deg]10' N lat. 11.17 mt is deducted
from the ACL to accommodate EFP fishing (1 mt), research catch (10 mt), and incidental open access mortality
(0.17 mt), resulting in a fishery HG of 67.8 mt.
\n\ Darkblotched rockfish. 23.76 mt is deducted from the ACL to accommodate the Tribal fishery (5 mt), EFP
fishing (0.5 mt), research catch (8.46 mt), and incidental open access mortality (9.8 mt) resulting in a
fishery HG of 758.7 mt.
\o\ Dover sole. 1,597.11 mt is deducted from the ACL to accommodate the Tribal fishery (1,497 mt), research
catch (50.84 mt), and incidental open access mortality (49.27 mt), resulting in a fishery HG of 48,402.9 mt.
\p\ English sole. 259.52 mt is deducted from the ACL to accommodate the Tribal fishery (200 mt), research catch
(17 mt), and incidental open access mortality (42.52 mt), resulting in a fishery HG of 8,700.5 mt.
\q\ Lingcod north of 40[deg]10' N lat. 279.63 mt is deducted from the ACL for the Tribal fishery (250 mt),
research catch (17.71 mt), and incidental open access mortality (11.92 mt) resulting in a fishery HG of
3,574.4 mt.
\r\ Lingcod south of 40[deg]10' N lat. 15.5 mt is deducted from the ACL to accommodate EFP fishing (4 mt),
research catch (3.19 mt), and incidental open access mortality (8.31 mt), resulting in a fishery HG of 706.5
mt.
\s\ Longnose skate. 251.3 mt is deducted from the ACL to accommodate the Tribal fishery (220 mt), and research
catch (12.46 mt), and incidental open access mortality (18.84 mt), resulting in a fishery HG of 1,408.7 mt.
\t\ Longspine thornyhead north of 34[deg]27' N lat. 53.71 mt is deducted from the ACL to accommodate the Tribal
fishery (30 mt), research catch (17.49 mt), and incidental open access mortality (6.22 mt), resulting in a
fishery HG of 2,108.3 mt.
\u\ Longspine thornyhead south of 34[deg]27' N lat. 2.24 mt is deducted from the ACL to accommodate research
catch (1.41 mt) and incidental open access mortality (0.83 mt), resulting in a fishery HG of 680.8 mt.
\v\ Pacific cod. 506 mt is deducted from the ACL to accommodate the Tribal fishery (500 mt), research catch
(5.47 mt), and incidental open access mortality (0.53 mt), resulting in a fishery HG of 1,094 mt.
\w\ Pacific ocean perch north of 40[deg]10' N lat. Pacific ocean perch are managed with stock-specific harvest
specifications north of 40[deg]10' N lat. and within the Minor Slope Rockfish complex south of 40[deg]10' N
lat. 145.48 mt is deducted from the ACL to accommodate the Tribal fishery (130 mt), EFP fishing, research
catch (5.39 mt), and incidental open access mortality (10.09 mt), resulting in a fishery HG of 3,297.5 mt.
\x\ Pacific whiting. Pacific whiting are assessed annually. The final specifications will be determined
consistent with the U.S.-Canada Pacific Whiting Agreement and will be announced in 2024.
\y\ Petrale sole. 386.24 mt is deducted from the ACL to accommodate the Tribal fishery (350 mt), EFP fishing (1
mt), research catch (24.14 mt), and incidental open access mortality (11.1 mt), resulting in a fishery HG of
2,898.8 mt.
\z\ Sablefish north of 36[deg] N lat. The sablefish coastwide ACL value is not specified in regulations. The
sablefish coastwide ACL value is apportioned north and south of 36[deg] N lat., using the rolling 5-year
average estimated swept area biomass from the NMFS NWFSC trawl survey, with 77.9 percent apportioned north of
36[deg] N lat. and 22.1 percent apportioned south of 36[deg] N lat. The northern ACL is 7,730 mt and is
reduced by 773 mt for the Tribal allocation (10 percent of the ACL north of 36[deg] N lat.). The 773 mt Tribal
allocation is reduced by 1.7 percent to account for discard mortality. Detailed sablefish allocations are
shown in table 1c.
[[Page 73820]]
\aa\ Sablefish south of 36[deg] N lat. The ACL for the area south of 36[deg] N lat. is 2,193 mt (22.1 percent of
the calculated coastwide ACL value). 27.4 mt is deducted from the ACL to accommodate research catch (2.40 mt)
and the incidental open access fishery (25 mt), resulting in a fishery HG of 2,165.6 mt.
\bb\ Shortspine thornyhead north of 34[deg]27' N lat. 78.3 mt is deducted from the ACL to accommodate the Tribal
fishery (50 mt), research catch (10.48 mt), and incidental open access mortality (17.82 mt), resulting in a
fishery HG of 1,249.7 mt for the area north of 34[deg]27' N lat.
\cc\ Shortspine thornyhead south of 34[deg]27' N lat. 6.71 mt is deducted from the ACL to accommodate research
catch (0.71 mt) and incidental open access mortality (6 mt), resulting in a fishery HG of 695.3 mt for the
area south of 34[deg]27' N lat.
\dd\ Spiny dogfish. 351.48 mt is deducted from the ACL to accommodate the Tribal fishery (275 mt), EFP fishing
(1 mt), research catch (41.85 mt), and incidental open access mortality (33.63 mt), resulting in a fishery HG
of 1,055.5 mt.
\ee\ Splitnose rockfish south of 40[deg]10' N lat. Splitnose rockfish in the north is managed in the Slope
Rockfish complex and with stock-specific harvest specifications south of 40[deg]10' N lat. 18.42 mt is
deducted from the ACL to accommodate EFP fishing (1.5 mt), research catch (11.17 mt), and incidental open
access mortality (5.75 mt), resulting in a fishery HG of 1,534.3 mt.
\ff\ Starry flounder. 48.28 mt is deducted from the ACL to accommodate the Tribal fishery (2 mt), research catch
(0.57 mt), and incidental open access mortality (45.71 mt), resulting in a fishery HG of 343.7 mt.
\gg\ Widow rockfish. 238.32 mt is deducted from the ACL to accommodate the Tribal fishery (200 mt), EFP fishing
(18 mt), research catch (17.27 mt), and incidental open access mortality (3.05 mt), resulting in a fishery HG
of 11,243.7 mt.
\hh\ Yellowtail rockfish north of 40[deg]10' N lat.) N lat. Yellowtail rockfish are managed with stock-specific
harvest specifications north of 40[deg]10' N lat. and within the Minor Shelf Rockfish complex south of
40[deg]10' N lat. 1,027.55 mt is deducted from the ACL to accommodate the Tribal fishery (1,000 mt), research
catch (20.55 mt), and incidental open access mortality (7 mt), resulting in a fishery HG of 4,263.3 mt.
\jj\ Black rockfish/Blue rockfish/Deacon rockfish (Oregon). 1.82 mt is deducted from the ACL to accommodate
research catch (0.08 mt), and incidental open access mortality (1.74 mt), resulting in a fishery HG of 592.2
mt.
\jj\ Cabezonkelp greenling (Washington). 2 mt is deducted from the ACL to accommodate the Tribal fishery,
resulting in a fishery HG is 15 mt.
\kk\ Cabezon/kelp greenling (Oregon). 0.79 mt is deducted from the ACL to accommodate research catch (0.05 mt)
and incidental open access mortality (0.74 mt), resulting in a fishery HG of 179.2 mt.
\ll\ Nearshore Rockfish north of 40[deg]10' N lat. 3.27 mt is deducted from the ACL to accommodate the Tribal
fishery (1.5 mt), research catch (0.47 mt), and incidental open access mortality (1.31 mt), resulting in a
fishery HG of 87.7 mt. State-specific HGs are 17.2 mt (Washington), 30.9 mt (Oregon), and 39.9 mt
(California). The ACT for copper rockfish (California) is 6.99 mt. The ACT for quillback rockfish (California)
is 0.96 mt.
\mm\ Nearshore Rockfish south of 40[deg]10' N lat. 4.54 mt is deducted from the ACL to accommodate research
catch (2.68 mt) and incidental open access mortality (1.86 mt), resulting in a fishery HG of 886.5 mt. The ACT
for copper rockfish is 87.73 mt. The ACT for quillback rockfish is 0.97 mt.
\nn\ Other Fish. The Other Fish complex is comprised of kelp greenling off California and leopard shark
coastwide. 21.24 mt is deducted from the ACL to accommodate research catch (6.29 mt) and incidental open
access mortality (14.95 mt), resulting in a fishery HG of 201.8 mt.
\oo\ Other Flatfish. The Other Flatfish complex is comprised of flatfish species managed in the PCGFMP that are
not managed with stock-specific OFLs/ABCs/ACLs. Most of the species in the Other Flatfish complex are
unassessed and include: butter sole, curlfin sole, flathead sole, Pacific sanddab, rock sole, sand sole, and
rex sole. 220.79 mt is deducted from the ACL to accommodate the Tribal fishery (60 mt), research catch (23.63
mt), and incidental open access mortality (137.16 mt), resulting in a fishery HG of 4,653.2 mt.
\pp\ Shelf Rockfish north of 40[deg]10' N lat. 70.94 mt is deducted from the ACL to accommodate the Tribal
fishery (30 mt), research catch (15.32 mt), and incidental open access mortality (25.62 mt), resulting in a
fishery HG of 1,207.1 mt.
\qq\ Shelf Rockfish south of 40[deg]10' N lat. 132.77 mt is deducted from the ACL to accommodate EFP fishing (50
mt), research catch (15.1 mt), and incidental open access mortality (67.67 mt) resulting in a fishery HG of
1,331.4 mt.
\rr\ Slope Rockfish north of 40[deg]10' N lat. 65.39 mt is deducted from the ACL to accommodate the Tribal
fishery (36 mt), research catch (10.51 mt), and incidental open access mortality (18.88 mt), resulting in a
fishery HG of 1,450.6 mt.
\ss\ Slope Rockfish south of 40[deg]10' N lat. 38.94 mt is deducted from the ACL to accommodate EFP fishing (1
mt), research catch (18.21 mt), and incidental open access mortality (19.73 mt), resulting in a fishery HG of
658.1 mt. Blackgill rockfish has a stock-specific HG for the entire groundfish fishery south of 40[deg]10' N
lat. set equal to the species' contribution to the 40-10-adjusted ACL. Harvest of blackgill rockfish in all
groundfish fisheries south of 40[deg]10' N lat. counts against this HG of 169.9 mt.
Table 2b to Part 660, Subpart C--2024, and Beyond, Allocations by Species or Species Group
[Weight in metric tons]
----------------------------------------------------------------------------------------------------------------
Trawl Non-trawl
Stocks/stock complexes Area Fishery HG ---------------------------------------------------
or ACT % Mt % Mt
----------------------------------------------------------------------------------------------------------------
YELLOWEYE ROCKFISH \a\....... Coastwide....... 42.6 8 3.41 92 39.2
Arrowtooth flounder.......... Coastwide....... 12,083 95 11,478.9 5 604.2
Big skate \a\................ Coastwide....... 1,207.2 95 1,146.8 5 60.4
Bocaccio \a\................. S of 40[deg]10' 1,779.9 39.04 694.9 60.96 1,085
N lat.
Canary rockfish \a\.......... Coastwide....... 1,227.4 72.3 887.4 27.7 340
Chilipepper rockfish......... S of 40[deg]10' 2,023.4 75 1,517.6 25 505.9
N lat.
Cowcod a b................... S of 40[deg]10' 67.8 36 24.4 64 43.4
N lat.
Darkblotched rockfish........ Coastwide....... 758.7 95 720.8 5 37.9
Dover sole................... Coastwide....... 4,8402.9 95 45,982.7 5 2,420.1
English sole................. Coastwide....... 8,700.5 95 8265.5 5 435
Lingcod...................... N of 40[deg]10' 3,574.4 45 1,608.5 55 1,965.9
N lat.
Lingcod \a\.................. S of 40[deg]10' 706.5 40 282.6 60 423.9
N lat.
Longnose skate \a\........... Coastwide....... 1,408.7 90 1,267.8 10 140.9
Longspine thornyhead......... N of 34[deg]27' 2,108.3 95 2,002.9 5 105.4
N lat.
Pacific cod.................. Coastwide....... 1,094 95 1,039.3 5 54.7
Pacific ocean perch.......... N of 40[deg]10' 3,297.5 95 3,132.6 5 164.9
N lat.
Pacific whiting \c\.......... Coastwide....... TBD 100 TBD 0 0
Petrale sole \a\............. Coastwide....... 2898.8 ........... 2,868.8 ........... 30
---------------------------------------------------
Sablefish.................... N of 36[deg] N NA See table 2c
lat.
---------------------------------------------------
Sablefish.................... S of 36[deg] N 2,165.6 42 909.6 58 1,256.0
lat.
Shortspine thornyhead........ N of 34[deg]27' 1,249.7 95 1,187.2 5 62.5
N lat.
Shortspine thornyhead........ S of 34[deg]27' 695.3 ........... 50 ........... 645.3
N lat.
Splitnose rockfish........... S of 40[deg]10' 1,534.3 95 1,457.6 5 76.7
N lat.
Starry flounder.............. Coastwide....... 343.7 50 171.9 50 171.9
Widow rockfish \a\........... Coastwide....... 11,243.7 ........... 10,843.7 ........... 400
[[Page 73821]]
Yellowtail rockfish.......... N of 40[deg]10' 4,263.3 88 3,751.7 12 511.6
N lat.
Other Flatfish............... Coastwide....... 4,653.2 90 4,187.9 10 465.3
Shelf Rockfish \a\........... N of 40[deg]10' 1,207.1 60.2 726.7 39.8 480.4
N lat.
Shelf Rockfish \a\........... S of 40[deg]10' 1,331.4 12.2 162.43 87.8 1,169.0
N lat.
Slope Rockfish............... N of 40[deg]10' 1,450.6 81 1,175.0 19 275.6
N lat.
Slope Rockfish \a\........... S of 40[deg]10' 658.1 63 414.6 37 243.5
N lat.
----------------------------------------------------------------------------------------------------------------
\a\ Allocations decided through the biennial specification process.
\b\ The cowcod non-trawl allocation is further split 50:50 between the commercial and recreational sectors. This
results in a sector-specific ACT of 21.7 mt for the commercial sector and 21.7 mt for the recreational sector.
\c\ Consistent with regulations at Sec. 660.55(i)(2), the commercial harvest guideline for Pacific whiting is
allocated as follows: 34 percent for the C/P Coop Program; 24 percent for the MS Coop Program; and 42 percent
for the Shorebased IFQ Program. No more than 5 percent of the Shorebased IFQ Program allocation may be taken
and retained south of 42[deg] N lat. before the start of the primary Pacific whiting season north of 42[deg] N
lat.
Table 2c to Part 660, Subpart C--Sablefish North of 36[deg] N Lat. Allocations, 2024 and Beyond
[Weights in metric tons]
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Set-asides Commercial Limited entry HG Open access HG
------------------------------- Recreational Exempted harvest ---------------------------------------------------
Year ACL estimate fishing guideline
Tribal \a\ Research permit (HG) Percent mt Percent mt \b\
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
2024................................................. 7,730 773 30.7 6 1 6,919 90.6 6,269 9.4 650
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Year LE all Limited entry (LE) trawl \c\
LE fixed gear (FG) \d\
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
All trawl At-sea whiting Shorebased IFQ All FG Primary
Daily trip limit
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
2024................................................. 6,269 3,636 100 3,536 2,633 2,238
395
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
\a\ The tribal allocation is further reduced by 1.7 percent for discard mortality resulting in 759.9 mt in 2024.
\b\ The open access HG is taken by the incidental OA fishery and the directed OA fishery.
\c\ The trawl allocation is 58 percent of the limited entry HG.
\d\ The limited entry fixed gear allocation is 42 percent of the limited entry HG.
* * * * *
0
4. In Sec. 660.140, revise table 1 to paragraph (d)(1)(ii)(D) to read
as follows:
Sec. 660.140 Shorebased IFQ Program.
* * * * *
(d) * * *
(1) * * *
(ii) * * *
(D) * * *
Table 1 to Paragraph (d)(1)(ii)(D)--Shorebased Trawl Allocations for 2023 and 2024
----------------------------------------------------------------------------------------------------------------
2023 Shorebased 2024 Shorebased
IFQ species Area trawl allocation trawl allocation
(mt) (mt)
----------------------------------------------------------------------------------------------------------------
YELLOWEYE ROCKFISH........................ Coastwide................... 4.42 3.41
Arrowtooth flounder....................... Coastwide................... 15,640.17 11,408.87
Bocaccio.................................. South of 40[deg]10' N lat... 700.33 694.87
Canary rockfish........................... Coastwide................... 842.50 851.42
Chilipepper............................... South of 40[deg]10' N lat... 1,563.80 1517.60
Cowcod.................................... South of 40[deg]10' N lat... 24.80 24.42
Darkblotched rockfish..................... Coastwide................... 646.78 644.34
Dover sole................................ Coastwide................... 45,972.75 45,972.75
English sole.............................. Coastwide................... 8,320.56 8,265.46
Lingcod................................... North of 40[deg]10' N lat... 1,829.27 1,593.47
Lingcod................................... South of 40[deg]10' N lat... 284.20 282.60
Longspine thornyhead...................... North of 34[deg]27' N lat... 2,129.23 2,002.88
Pacific cod............................... Coastwide................... 1,039.30 1,039.30
Pacific halibut (IBQ) \a\................. North of 40[deg]10' N lat... TBD TBD
Pacific ocean perch....................... North of 40[deg]10' N lat... 2,956.14 2,832.64
Pacific whiting \b\....................... Coastwide................... 159,681.38 TBD
Petrale sole.............................. Coastwide................... 3,063.76 2,863.76
Sablefish................................. North of 36[deg] N lat...... 3,893.50 3,535.91
Sablefish................................. South of 36[deg] N lat...... 970.00 909.55
Shortspine thornyhead..................... North of 34[deg]27' N lat... 1,146.67 1,117.22
Shortspine thornyhead..................... South of 34[deg]27' N lat... 50 50
Splitnose rockfish........................ South of 40[deg]10' N lat... 1,494.70 1,457.60
Starry flounder........................... Coastwide................... 171.86 171.86
Widow rockfish............................ Coastwide................... 11,509.68 10,367.68
[[Page 73822]]
Yellowtail rockfish....................... North of 40[deg]10' N lat... 3,761.84 3,431.69
Other Flatfish complex.................... Coastwide................... 4,142.09 4,152.89
Shelf Rockfish complex.................... North of 40[deg]10' N lat... 694.70 691.65
Shelf Rockfish complex.................... South of 40[deg]10' N lat... 163.02 162.43
Slope Rockfish complex.................... North of 40[deg]10' N lat... 894.43 874.99
Slope Rockfish complex.................... South of 40[deg]10' N lat... 417.1 414.58
----------------------------------------------------------------------------------------------------------------
\a\ Pacific halibut IBQ is set according to 50 CFR 660.55(m).
\b\ Managed through an international process. This allocation will be updated when announced.
* * * * *
0
5. In Sec. 660.231, revise paragraph (b)(3)(i) to read as follows:
Sec. 660.231 Limited entry fixed gear sablefish primary fishery.
* * * * *
(b) * * *
(3) * * *
(i) A vessel participating in the primary season will be
constrained by the sablefish cumulative limit associated with each of
the permits registered for use with that vessel. During the primary
season, each vessel authorized to fish in that season under paragraph
(a) of this section may take, retain, possess, and land sablefish, up
to the cumulative limits for each of the permits registered for use
with that vessel (i.e., stacked permits). If multiple limited entry
permits with sablefish endorsements are registered for use with a
single vessel, that vessel may land up to the total of all cumulative
limits announced in this paragraph for the tiers for those permits,
except as limited by paragraph (b)(3)(ii) of this section. Up to 3
permits may be registered for use with a single vessel during the
primary season; thus, a single vessel may not take and retain, possess
or land more than 3 primary season sablefish cumulative limits in any
one year. A vessel registered for use with multiple limited entry
permits is subject to per vessel limits for species other than
sablefish, and to per vessel limits when participating in the daily
trip limit fishery for sablefish under Sec. 660.232. In 2023, the
following annual limits are in effect: Tier 1 at 72,904 lb (33,069 kg),
Tier 2 at 33,138 lb (15,031 kg), and Tier 3 at 18,936 lb (8,589 kg). In
2024 and beyond, the following annual limits are in effect: Tier 1 at
66,377lb (30,108 kg), Tier 2 at 30,171 lb (13,685 kg), and Tier 3 at
17,241lb (7,820 kg).
* * * * *
[FR Doc. 2023-23686 Filed 10-26-23; 8:45 am]
BILLING CODE 3510-22-P
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