Rule2023-26018
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
November 29, 2023
Effective
January 1, 2024
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 2024 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 228 (Wednesday, November 29, 2023)</title>
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[Federal Register Volume 88, Number 228 (Wednesday, November 29, 2023)]
[Rules and Regulations]
[Pages 83354-83363]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-26018]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 660
[Docket No. 221206-0261]
RIN 0648-BM72
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 2024 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 January 1, 2024.
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="https://www.pcouncil.org/">https://www.pcouncil.org/</a> including and supporting information for the
Council's recommendations at the November 2023 meeting.
FOR FURTHER INFORMATION CONTACT: Keeley Kent, phone: 206-247-8252 or
email: <a href="/cdn-cgi/l/email-protection#335856565f564a1d58565d47735d5c52521d545c45"><span class="__cf_email__" data-cfemail="244f414148415d0a4f414a50644a4b45450a434b52">[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
[[Page 83355]]
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.
Pacific Coast groundfish fisheries are managed using harvest
specifications or limits (e.g., overfishing limits [OFL], acceptable
biological catch [ABC], annual catch limits [ACL], and harvest
guidelines [HG]) recommended biennially by the Council and based on the
best scientific information available at that time (50 CFR 660.60(b)).
During development of the harvest specifications, the Council also
recommends management measures (e.g., 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.
At its November 2023 meeting, the Council recommended that NMFS
extend the duration of several measures implemented through an inseason
published on October 2, 2023 (88 FR 67656), to continue the
minimization of mortality of quillback rockfish off California for the
2024 fishing season. The Council also recommended NMFS reset trip
limits for several species for the 2024 fishing season.
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, and OFL) contribute to the harvest specifications of the complex.
Amendment 31 to the PCGFMP, which was approved on November 13, 2023,
defined quillback rockfish as three separate stocks (Washington,
Oregon, and California).
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 part 660, tables 1a and 2a to subpart C).
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
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.
At the November 2023 Council meeting, the PFMC recommended inseason
changes to commercial fisheries in order to limit the mortality of
quillback rockfish off California for 2024. The ACTs, and OFL
contributions for the stock of quillback rockfish off California were
estimated to be significantly exceeded in 2023 (see 88 FR 67656,
October 2, 2023, for more information). Further action relative to
mortality of quillback rockfish off California in the recreational
fisheries is expected at the March 2024 PFMC meeting.
At the November 2023 meeting, 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 2024.
The limited available spatial data indicated that quillback
rockfish are very rarely encountered south of 36[deg] N latitude.
Additionally, the data available suggest that quillback rockfish off
California north of 36[deg] N latitude are rarely encountered in waters
deeper than 50 fathoms (fm) (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 Cook 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 reductions in 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
discard mortality of quillback rockfish in order to address depletion
while minimizing the economic impact to fishing communities to the
extent possible.
The Council recommended and, by revising tables 2 North and South
to part 660, subpart E, and tables 3 North and South to part 660,
subpart F, NMFS is implementing an expansion of the shoreward extent of
the non-trawl RCA
[[Page 83356]]
off California. Currently, the shoreward boundary off California is
either 40 or 50 fathoms (73 meters (m) or 91 m), depending on latitude.
This action moves the boundary to the shoreward boundary of the EEZ (3
nautical miles (5556 m) from shore). This closure reduces access to
demersal co-occurring targets in the range of quillback rockfish. While
new area will be closed to bottom-contact gears, legal non-bottom
contact hook-and-line gear are allowed in the non-trawl RCA (50 CFR
660.330(b)(3)). This change to the shoreward extent of the non-trawl
RCA allows fishery participants to continue to access healthy midwater
stocks inside the non-trawl RCA, consistent with Sec. 660.330(b)(3).
Additionally, the Council recommended and, by revising tables 2
North and South to part 660, subpart E, and tables 3 North and South to
part 660, subpart F, NMFS is extending the non-trawl RCA south of
34[deg] 27' N lat. in the 100-150 fm (183 m-274 m) depths to include
additional islands and banks that were formerly in the Cowcod
Conservation Area (CCA) (for more information see 88 FR 59838, August
30, 2023). This change, which expands the non-trawl RCA, is being
promulgated as a precautionary measure because recreational fishing may
increase fishing pressure in areas which were historically closed for
some or all of the year, and this anticipated increase in anglers may
increase catch of constraining species such as copper rockfish,
vermilion/sunset rockfish and/or species with prohibited retention such
as bronzespotted rockfish and cowcod. Similarly, commercial fisheries
operating in these depths around the islands and banks may increase the
likelihood of interactions with prohibited species (e.g., cowcod and
bronzespotted rockfish). Additionally, the consistency in areas
formerly closed by the CCA with the RCA lines in use along the mainland
coast and Channel Islands south of Point Conception (34[deg] 27' N
lat.) will reduce regulatory complexity for stakeholders.
The Council also recommended and, by modifying tables 2 North and
South to part 660, subpart E, and tables 3 North and South to part 660,
subpart F, NMFS is implementing a zero pound trip limit for limited
entry (LE) and open access (OA) fisheries between 42[deg] N latitude
and 36[deg] N latitude for the following targets for all cumulative
periods in 2024: Nearshore Rockfish complex and cabezon. These targets
are only found in depths co-occurring with quillback rockfish, so in
order to reduce quillback discard mortality, fishing on these targets
is not allowed.
The Council recommended and, by modifying tables 2 North and South
to part 660, subpart E, and tables 3 North and South to part 660,
subpart F, NMFS is implementing an area-based trip limit for LE and OA
fisheries between 42[deg] N latitude and 36[deg] N latitude seaward of
the non-trawl RCA for the following targets for all cumulative periods
in 2024: lingcod and other flatfish. Inside of the non-trawl RCA, the
trip limit is zero pounds for LE and OA fisheries for both lingcod and
other flatfish, which co-occur with quillback rockfish, in order to
reduce quillback discard mortality. The area-based trip limits will
allow access to these stocks in deeper waters, seaward of the non-trawl
RCA, where they do not co-occur with quillback rockfish, providing
fishing opportunity in this area.
Minor Shelf Rockfish; Vermilion/Sunset Rockfish
Vermilion/Sunset 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 2024, the southern complex has an ACL of 1,469
metric tons (mt), and vermilion/sunset rockfish has an ACL contribution
of 281.29 mt; the northern complex has an ACL of 1,278 mt, and
vermilion/sunset rockfish has an ACL contribution of 6.62 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 minor shelf rockfish and vermilion/sunset
rockfish, arose. The GMT analyzed reductions to the trip limits for
Minor Shelf Rockfish in the LE and OA sectors off California. Based on
the GMT analysis, the Council recommended reducing the trip limits, in
anticipation of increased effort. The expected mortality by sector
under current limits and under the recommended changes are shown in
table 1.
Table 1--Options Considered by the Council To Adjust Minor Shelf Rockfish Trip Limits by Period in the LEN
(Limited Entry North) (40[deg]10'-42[deg] N Lat.), LES (Limited Entry South) (40[deg]10'-36[deg] N Lat.), OAN
(Open Access North) (40[deg]10'-42[deg] N Lat.), and OAS (Open Access North) (40[deg]10'-36[deg] N Lat.)
Sectors, Associated Landings Projections, and Total Landings
[Bolded row represents the GMT recommendation, which was adopted by the Council. There is no geographic harvest
target to compare estimated total landings against the trip limit change due to the split at 36[deg] N lat.]
----------------------------------------------------------------------------------------------------------------
Estimated
Option Sector Trip limit Est. total total landings
landings (mt) (mt)
----------------------------------------------------------------------------------------------------------------
No Action...................... LEN................... 800 lbs. (363 kg)/mo... 0.6 101
OAN................... 800 lbs. (363 kg)/mo... 5.0
LES................... 8,000 lbs. (3,629 kg)/2 11.8
mos.
OAS................... 4,000 lbs. (1,814 kg)/2 83.6
mos.
Option 1....................... LEN................... 800 lbs. (363 kg)/mo... 0.6 84.9
OAN................... 600 lbs. (272 kg)/mo... 4.7
LES................... 6,000 lbs. (2,722 kg)/2 11.6
mos.
OAS................... 3,000 lbs. (1,361 kg)/2 68.0
mos.
Option 2....................... LEN................... 800 lbs. (363 kg)/mo... 0.6 71.8
OAN................... 400 lbs. (181 kg)/mo... 4.6
LES................... 4,000 lbs. (1,814 kg)/2 10.6
mos.
OAS................... 2,000 lbs. (907 kg)/2 56.0
mos.
----------------------------------------------------------------------------------------------------------------
Additionally, within the Minor Shelf Rockfish Complex, vermilion
rockfish south of 40[deg]10' ACL contribution is projected to be
exceeded in 2023 and therefore the Council determined that additional
trip limit reductions should be taken for 2024. Consequently, the
Council recommended and NMFS is approving this change by modifying
[[Page 83357]]
tables 2 and 3 North and South for all cumulative periods in 2024. The
expected mortality by sector under current limits and under the
recommended changes are shown in table 2.
Table 2--Projected Landings of Vermilion/Sunset, Vermilion/Sunset Allocation, and Projected Percentage of
Vermilion/Sunset Attained Through the End of the Year by Current Trip Limit and Fishery
[LEN (40[deg]10' N lat.-34[deg]27' N lat.). LES (south of 34[deg]27' N lat.). OAN (40[deg]10' N lat.-34[deg]27'
N lat.). OAS (south of 34[deg]27' N lat.).
Bolded row represents the GMT recommendation which was recommended by the Council to NMFS.]
----------------------------------------------------------------------------------------------------------------
Est.
Landing Est. total discard Est. total
Sector, option Trip limit projection landings mortality mortality
(mt) (mt) (mt) (mt)
----------------------------------------------------------------------------------------------------------------
No Action............... LEN............ 500 lbs. (227 kg)/ 2.4 90.9 0.1 91.0
2 mos.
OAN............ 400 lbs. (181 kg)/ 17.8
2 mos.
LES............ 3,000 lbs. (1,361 35.1
kg)/2 mos.
OAS............ 1,200 lbs. (544 35.6
kg)/2 mos.
Option 1................ LEN............ 500 lbs. (227 kg)/ 2.4 77.7 0.1 77.8
2 mos.
OAN............ 300 lbs. (136 kg)/ 13.4
2 mos.
LES............ 3,000 lbs. (1,361 35.1
kg)/2 mos.
OAS............ 900 lbs. (408 kg)/ 26.8
2 mos.
----------------------------------------------------------------------------------------------------------------
Bocaccio Rockfish South of 40[deg]10' N Lat.
Bocaccio on the West Coast is managed as a separate stock south of
40[deg]10' N lat., while bocaccio north of 40[deg]10' N lat. is managed
as part of the minor shelf rockfish complex north of 40[deg]10' N lat.
Bocaccio south of 40[deg]10' N lat., the subject of this action, is
caught both commercially and recreationally, with commercial vessels
harvesting it with both trawl and fixed gear (longlines and pots/traps)
in the bottom trawl, nearshore, limited entry, and open access fixed
gear fisheries. It is caught in shelf and nearshore areas, often
together with chilipepper rockfish. The 2024 ACL and harvest guideline
for bocaccio south of 40[deg]10' N lat. are 1,828 mt, and 1,779.9 mt,
respectively.
Subsequent to the June 2023 Council meeting, the Council
recommended and NMFS implemented increases to the bocaccio trip limits
for the LE and OA sectors through table 2 South and table 3 South such
that the new limits were set at 8,000 lb (3,629 kg) per period for LE
and 6,000 pounds (2,721 kg) per period for OA. Subsequent to the
September 2023 Council meeting, the Council recommended revising the
bocaccio trip limits between 40[deg]10 ' and 34[deg]27' N lat. for both
sectors due to concerns due to quillback rockfish off California. NMFS
implemented via inseason action a zero bag limit for bocaccio in the LE
sector for period 6 in 2023 and a gear restriction for the existing bag
limit for bocaccio in the OA sector (see 88 FR 67656, October 2, 2023).
As part of the November 2023 analysis, the GMT concluded that there is
minimal expected impact of target fishing for bocaccio on quillback
rockfish as bocaccio is a midwater species and quillback rockfish are
demersal and therefore they are not co-occurring. Therefore, the
Council recommended applying the trip limits in place for each sector
for periods 1-5 to period 6 for 2024. NMFS is implementing this change
through revisions to table 2 South and table 3 South.
Other Flatfish
Fishing for ``other flatfish '' off California as defined at Sec.
660.11 General definitions (between 42[deg] N lat. south to the U.S./
Mexico border) is allowed within the non-trawl RCA with hook and line
gear only (Sec. 660.330(d)(12)(iv)). To prevent the possible
interaction with quillback rockfish within the RCA, the Council
recommended reducing the ``other flatfish'' trip limit to 0 lbs./2
months between 42[deg] N lat. to 36[deg] N lat. inside the Non-Trawl
RCA, and maintaining the current trip limits seaward of the Non-Trawl
RCA. This modification would allow for the opportunity to land other
flatfish caught seaward of the RCA while preventing interactions with
quillback rockfish.
Lingcod
Prior to the November 2023 meeting, the GMT 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 2024 ACL for lingcod north of
40[deg]10' N lat. is 3,854 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 3 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 October 2023.
Table 3--Projected Landings of Lingcod, Lingcod Allocation, and
Projected Percentage of Lingcod North of 42[deg] N Lat. Attained Through
the End of the Year by Trip Limit and Fishery
------------------------------------------------------------------------
Projected landings
Fishery Trip limits (round weight) (mt)
------------------------------------------------------------------------
LE North of 42[deg] N lat...... Current: 9,000 157.63
lb. (4,082.3 kg)/
two months.
OA North of 42[deg] N lat...... Current: 4,500
lb. (2,041.2 kg)/
month.
LE North of 42[deg] N lat...... Recommended: 173.45
11,000 lb.
(4,989.5 kg)/two
months.
OA North of 42[deg] N lat...... Recommended:
5,500 lb.
(2,494.8 kg)/
month.
------------------------------------------------------------------------
[[Page 83358]]
Under the current trip limits, the model predicts catches of
lingcod north of 42[deg] N lat. will total 157.63 mt, which is 8
percent of the 2024 non-trawl allocation of lingcod (1,965.9 mt). Under
the Council's recommended trip limits, lingcod mortality north of
42[deg] N lat. is expected to increase to 173.45 mt, which is 9 percent
of the 2024 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
yelloweye rockfish (a 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 all cumulative periods in 2024 as
shown above in table 3.
Canary Rockfish
At the November 2023 meeting, the GMT evaluated a request to
decrease the 2024 canary rockfish trip limits for the LE fixed gear and
OA in light of the 2023 stock assessment indicating canary rockfish are
below the healthy biomass management target. The request was to reverse
a trip limit increase that was implemented pursuant to a November 2022
inseason action (88 FR 4910, January 26, 2023). Table 4 provides the
projected landings, mortality, and attainment of the commercial share
of canary under the status quo and under the recommended decrease in
the limits.
Table 4--Options To Decrease Canary Trip Limits by Period in the LEN, OAN, LES, and OAS Sectors, Associated Landings Projections, Estimated Mortality,
and Non-Trawl Commercial Share Attainment
[Bolded row represents the GMT recommendation that was adopted by the Council]
--------------------------------------------------------------------------------------------------------------------------------------------------------
% of the 2024
Landing Est. total Est. Est. total non-trawl
Option Sector Trip limit projection landings discard mortality commercial
(mt) (mt) mortality (mt) share (122.4
(mt) mt)
--------------------------------------------------------------------------------------------------------------------------------------------------------
No Action...................... LEN..................... 4,000 lbs. (1,814 kg)/2 5.4 31.3 0.8 32.0 26
mos.
OAN..................... 2,000 lbs. (907 kg)/2 mos 3.9
LES..................... 4,000 lbs. (1,814 kg)/2 8.7
mos.
OAS..................... 2,000 lbs. (907 kg)/2 mos 13.3
Option 1....................... LEN..................... 3,000 lbs. (1,361 kg)/2 4.0 23.9 0.6 24.5 20
mos.
OAN..................... 1,000 lbs. (454 kg)/2 mos 3.4
LES..................... 3,500 lbs. (1,588 kg)/2 6.5
mos.
OAS..................... 1,500 lbs. (680 kg)/2 mos 10.0
--------------------------------------------------------------------------------------------------------------------------------------------------------
Therefore, the Council recommended, and by modifying tables 2 North
and South and tables 3 North and South, NMFS is implementing a revision
to the LE and OA trip limits for all cumulative periods in 2024 as
shown in table 4 above. The adjustment will provide proactive
adjustment looking to the 2025-2026 biennium.
Longleader (Holloway Gear)--Oregon Recreational Fishery
The longleader gear is used to harvest midwater rockfish seaward of
the 40-fathom regulatory line. Due to low impacts to yelloweye rockfish
and other benthic species, the bag limit for this fishery has been
higher than the nearshore traditional bottomfish bag limit. In 2023,
the bag limit was increased from 10 fish to 15 fish as a way to further
entice anglers to participate in the offshore fishery to alleviate some
of the fishing pressure from the nearshore reefs. For 2024, the GMT
recommended decreasing the Oregon longleader fishery bag limit to 12
fish due to an increase of canary rockfish, a limiting stock,
encountered in the fishery and to be consistent with state regulatory
action which decreased bag limits in state waters. Consequently, the
Council recommended and NMFS is implementing this change in the bag
limit by modifying 50 CFR 660.360(c)(2)(iii)(A).
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, by allowing for fishing in areas where quillback rockfish are
not likely to occur and through trip limit increases for lingcod, this
action is 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 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 on
[[Page 83359]]
January 1, 2024, for the start of the new fishing year.
List of Subjects in 50 CFR Part 660
Fisheries, Fishing, Indian Fisheries.
Dated: November 20, 2023.
Kelly Denit,
Director, Office of Sustainable Fisheries, National Marine Fisheries
Service.
For the reasons set out in the preamble, 50 CFR part 660 is amended
as follows:
PART 660--FISHERIES OFF WEST COAST STATES
0
1. The authority citation for part 660 continues to read as follows:
Authority: 16 U.S.C. 1801 et seq., 16 U.S.C. 773 et seq., and 16
U.S.C. 7001 et seq.
0
2. Revise table 2 (North) to part 660, subpart E, to read as follows:
BILLING CODE 3510-22-P
[GRAPHIC] [TIFF OMITTED] TR29NO23.000
0
3. Revise table 2 (South) to part 660, subpart E, to read as follows:
[[Page 83360]]
[GRAPHIC] [TIFF OMITTED] TR29NO23.001
0
4. Revise table 3 (North) to part 660, subpart F, to read as follows:
[[Page 83361]]
[GRAPHIC] [TIFF OMITTED] TR29NO23.002
0
5. Revise table 3 (South) to part 660, subpart F, to read as follows:
[[Page 83362]]
[GRAPHIC] [TIFF OMITTED] TR29NO23.003
[[Page 83363]]
[GRAPHIC] [TIFF OMITTED] TR29NO23.004
0
6. Amend Sec. 660.360 by revising paragraph (c)(2)(iii)(A) to read as
follows:
Sec. 660.360 Recreational fishery--management measures.
* * * * *
(c) * * *
(2) * * *
(iii) * * *
(A) Marine fish. The bag limit is 10 marine fish per day, which
includes rockfish, kelp greenling, cabezon, and other groundfish
species; except the daily bag limit in the long-leader gear fishery is
12 fish per day. The bag limit of marine fish excludes Pacific halibut,
salmonids, tuna, perch species, sturgeon, sanddabs, flatfish, lingcod,
striped bass, hybrid bass, offshore pelagic species and baitfish
(herring, smelt, anchovies and sardines). The minimum size for cabezon
retained in the Oregon recreational fishery is 16 in (41 cm) total
length.
* * * * *
[FR Doc. 2023-26018 Filed 11-28-23; 8:45 am]
BILLING CODE 3510-22-C
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