Rule2023-28339
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
December 27, 2023
Effective
December 27, 2023
Issuing agencies
Commerce DepartmentNational Oceanic and Atmospheric Administration
Abstract
This rule corrects 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 rule revises harvest limits or allocations that were previously calculated based on incorrect annual catch limits (ACLs). This action implements 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 247 (Wednesday, December 27, 2023)</title>
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[Federal Register Volume 88, Number 247 (Wednesday, December 27, 2023)]
[Rules and Regulations]
[Pages 89313-89319]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-28339]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 660
[Docket No. 231219-0311]
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: Final rule.
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SUMMARY: This rule corrects 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 rule revises harvest limits or
allocations that were previously calculated based on incorrect annual
catch limits (ACLs). This action implements 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: This final rule is effective December 27, 2023.
ADDRESSES: 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 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#d3b4a1b6a7b0bbb6bdfdbbb2bda0bbb6a493bdbcb2b2fdb4bca5"><span class="__cf_email__" data-cfemail="3453465140575c515a1a5c555a475c5143745a5b55551a535b42">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
Background
This final rule corrects the numerical values of harvest
specifications and resulting harvest target management measures for six
species or stock complexes for 2024. The harvest policies by which
these numerical values are derived were recommended by the Council at
its April and June 2022 meetings and published in a proposed rule on
October 14, 2022 (87 FR 62676) and 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 the original proposed and
final rules, numerical values were miscalculated for a small subset
(six species or stock complexes) of those harvest specifications and
harvest target management measures regulations for 127 groundfish
stocks or management units. Numerical values were either too high
(increasing risk of overfishing) or too low (increasing risk of not
achieving optimum yield). Specific details on the errors and corrected
values for each species or stock complex are discussed in detail in the
proposed rule for this action (88 FR 73810, October 27, 2023).
The harvest policies used to calculate the numerical values of the
corrected harvest specifications and harvest target management measures
in this rule are not revised from those described in the original
proposed and final rules for the 2023-2024 harvest specifications and
management measures. The Council recommended these corrections at its
September 2023 meeting.
Corrections to Harvest Specifications and Harvest Targets
As described in the proposed rule (88 FR 73810, October 27, 2023) a
few species and stock complex harvest specifications, which are
numerical values of the harvestable surplus and include overfishing
limits (OFLs), annual biological catch (ABCs), and ACLs, were
calculated in error. Subsequent harvest target calculations that stem
from the ACLs were also erroneous. This final rule corrects the
numerical values of harvest specifications and applies the same sharing
agreements to corrected ACLs to recalculate harvest targets. The OFLs,
[[Page 89314]]
ABCs, and ACLs in this 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. This rule corrects errors in the original
proposed and final rules for the 2023-2024 harvest specifications and
management measures, as recommended by the Council at its September 7-
14, 2023 meeting.
Due to the timing of being made aware of these mistakes, and that
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 implementing corrections for 2024. This action includes 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. This
action does 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 in the proposed rule (88 FR 73810,
October 27, 2023). All other deductions from the ACLs remain the same
as those described in the original proposed rule.
The Stock Assessment and Fishery Evaluation (SAFE) document for
2022, includes a detailed description of the scientific basis for all
of the Council's Science and Statistical Committee-recommended OFLs
implemented 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 in the proposed rule (88 FR 73810,
October 27, 2023), revised 2024 OFLs, ABCs, ACLs and fishery harvest
guidelines are revised 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 revised. For all species
described below, except sablefish north, 2024 trawl or non-trawl
allocations are revised at table 2b to subpart C. Also, for all species
described in the proposed rule, 2024 shorebased IFQ allocations are
revised at Sec. 660.140(d)(1)(ii)(D). Any additional species-specific
regulatory changes are described in the proposed rule (88 FR 73810,
October 27, 2023).
Summary
NMFS is correcting the harvest specifications and harvest targets
for six species and complexes for 2024 as described in the proposed
rule (88 FR 73810, October 27, 2023) and as summarized in table 1. The
2024 fishing season begins on January 1, 2024.
Table 1--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 lat................ \1\ 10,670 \1\ 9,923 7,730 Not Applicable \2\
S of 36[deg] N lat................ 2,193 2,165.6
Yellowtail Rockfish............................. N of 40[deg]10' N lat............. 5,795 5,291 5,291 4,263.3
Minor Shelf Rockfish South...................... S of 40[deg]10' N lat............. 1,833 1,464 1,464 1,331.4
--------------------------------------------------------------------------------------------------------------------------------------------------------
Note: Rebuilding stocks are capitalized.
\1\ Values are the same as those in the 2023-2024 original proposed and final rules and are not revised in this final 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 rule. Numerical values
following this framework under the new, lower, proposed ACL are found in table 2c to subpart C.
Comments and Responses
The proposed rule had a public comment period open from October 27,
2023 through November 13, 2023 and received no public comments.
Changes From the Proposed Rule
There are no changes from the proposed rule.
Classification
Pursuant to section 304 (b)(1)(A) of the Magnuson-Stevens Act, the
NMFS Assistant Administrator has determined that this final rule is
consistent with the PCGFMP, other provisions of the Magnuson-Stevens
Act, and other applicable law.
The errors were discovered in August 2023 and the recommendations
from the Council to correct these errors were transmitted to NMFS on
September 20, 2023. NMFS immediately prepared and published a proposed
rule with a comment period open from the date of publication on October
27, 2023 through November 13, 2023, the final rule was submitted to DOC
OGC for review and clearance on December 12, 2023, and the errors need
to be corrected by the start of the fishing year on January 1, 2024.
This timeline necessitates that NMFS waive the 30-day delay in
effective date of this final rule so that the corrected, calculated
values can be in effect by the start of the fishing year. 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 the Council's recommended harvest
policies and would cause unnecessary restrictions to industry.
Therefore, NMFS finds that waiving the 30-day delay in
effectiveness is warranted under 5 U.S.C. 553(d)(1) because delaying
the effective date on these corrective measures beyond January 1, 2024
to allow for a 30-day delay in effectiveness will restrict fisheries by
delaying the issuance of some 2024 quota pounds for the subject species
and stock complexes. If the 2024 quotas calculated and released by NMFS
based on the corrected 2024 harvest specifications in this rule are
delayed, shareholders for those quotas effectively receive zero pounds
for the start of the year and will be unable to begin fishing. Making
this final rule effective upon publication in the Federal Register
would relieve restrictions on the amounts of quota pounds that can be
issued (and potentially fished) at the start of the fishing year.
Therefore, NMFS finds reason to waive the 30-day delay in effectiveness
pursuant to 5 U.S.C. 553(d)(1) so that this final rule may become
effective upon publication in the Federal Register.
Additionally, a 30-day delay in effectiveness would confuse the
industry as to what quota pounds NMFS will issue to holders of quota
share for
[[Page 89315]]
2024. This could negatively impact vessels because they could end up
planning fishing operations under two different quota pound scenarios
for 2024. Failure to implement the revised harvest specifications by
the start of the fishing year on January 1, 2024 will keep harvest
specifications in place that were not calculated to be consistent with
harvest policies adopted by the Council and NMFS, and will cause
confusion for the regulated public. This outcome runs contrary to the
public interest.
Pursuant to Executive Order 13175, this final 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 Pacific Council
must be a representative of an Indian tribe with federally recognized
fishing rights from the area of the Council's jurisdiction. This 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 revised in this rule. No other tribal management
measures are 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 was proposed, and therefore additional tribal
consultation was not required and none was conducted.
This rule has been determined to be not significant for purposes of
Executive Order 12866.
NMFS prepared documentation for the original proposed and final
rules, which address 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="https://www.pcouncil.org">https://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 final 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 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, so minor
adjustments to the ACLs implemented in this rule 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 Small Business
Administration that the proposed rule, if adopted, would not have a
significant economic impact on a substantial number of small entities.
This final rule implements the proposed rule unchanged, making 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 corrected numerical
values 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 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 changes
in this rule, nor does the action diverge from the harvest policies
considered in that certification. The corrections in this final 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 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: December 19, 2023.
Samuel D. Rauch, III,
Deputy Assistant Administrator for Regulatory Programs, National Marine
Fisheries Service.
For the reasons set out in the preamble, NOAA amends 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, 2b, and 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
[[Page 89316]]
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.
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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.
[[Page 89317]]
\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.
\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. 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\ Cabezon/kelp 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.
[[Page 89318]]
Table 2b to Part 660, Subpart C--2024, and Beyond, Allocations by
Species or Species Group
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
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
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 m \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.
[[Page 89319]]
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.................................. S of 40[deg]10' N lat....... 700.33 694.87
Canary rockfish........................... Coastwide................... 842.50 851.42
Chilipepper............................... S of 40[deg]10' N lat....... 1,563.80 1517.60
Cowcod.................................... S 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................................... N of 40[deg]10' N lat....... 1,829.27 1,593.47
Lingcod................................... S of 40[deg]10' N lat....... 284.20 282.60
Longspine thornyhead...................... N 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\................. N of 40[deg]10' N lat....... TBD TBD
Pacific ocean perch....................... N 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................................. N of 36[deg] N lat.......... 3,893.50 3,535.91
Sablefish................................. S of 36[deg] N lat.......... 970.00 909.55
Shortspine thornyhead..................... N of 34[deg]27' N lat....... 1,146.67 1,117.22
Shortspine thornyhead..................... S of 34[deg]27' N lat....... 50 50
Splitnose rockfish........................ S 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
Yellowtail rockfish....................... N 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.................... N of 40[deg]10' N lat....... 694.70 691.65
Shelf Rockfish complex.................... S of 40[deg]10' N lat....... 163.02 162.43
Slope Rockfish complex.................... N of 40[deg]10' N lat....... 894.43 874.99
Slope Rockfish complex.................... S 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. 2023-28339 Filed 12-26-23; 8:45 am]
BILLING CODE 3510-22-P
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This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.