Rule2024-16134
Magnuson-Stevens Act Provisions; Fisheries Off West Coast States; Pacific Coast Groundfish Fishery; 2023-2024 Biennial Specifications and Management Measures; Inseason Adjustments
Primary source
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Published
July 23, 2024
Effective
July 23, 2024
Issuing agencies
Commerce DepartmentNational Oceanic and Atmospheric Administration
Abstract
This final rule announces routine inseason adjustments to management measures in commercial groundfish fisheries. This action is intended to allow commercial fishing vessels to access more abundant groundfish stocks while protecting overfished and depleted stocks.
Full Text
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<title>Federal Register, Volume 89 Issue 141 (Tuesday, July 23, 2024)</title>
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[Federal Register Volume 89, Number 141 (Tuesday, July 23, 2024)]
[Rules and Regulations]
[Pages 59681-59689]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-16134]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 660
[Docket No. 221206-0261]
RIN 0648-BN16
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 groundfish fisheries. This action is
intended to allow commercial fishing vessels to access more abundant
groundfish stocks while protecting overfished and depleted stocks.
DATES: This final rule is effective July 23, 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>.
FOR FURTHER INFORMATION CONTACT: Abbie Moyer, phone: 206-305-9601 or
email: <a href="/cdn-cgi/l/email-protection#b5d4d7d7dcd09bd8daccd0c7f5dbdad4d49bd2dac3"><span class="__cf_email__" data-cfemail="563734343f33783b392f3324163839373778313920">[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 off the coasts of Washington, Oregon, and
California. The Pacific Fishery Management Council (Council) develops
groundfish harvest specifications and management measures for 2-year
periods (i.e., a biennium). NMFS published the final rule to implement
harvest specifications and management measures for the 2023-2024
biennium for most species managed under the PCGFMP on December 16, 2022
(87 FR 77007). In general, the management measures set at the start of
the biennial harvest specifications cycle help the various sectors of
the fishery attain, but not exceed, the catch limits for each stock.
The Council, in coordination with Pacific Coast Treaty Indian Tribes
and the States of Washington, Oregon, and California, recommends
adjustments to the management measures during the fishing year to
achieve this goal.
At its June 2024 meeting, the Council recommended inseason
adjustments to commercial non-trawl trip limits for sablefish north of
36[deg] N lat., widow rockfish north of 40[deg]10' N lat., and
yellowtail rockfish north 40[deg]10' N lat. These adjustments are
expected to improve attainment of these stocks in the non-trawl
fishery. Pacific Coast groundfish fisheries are managed using harvest
specifications or limits (e.g., overfishing limits [OFL], acceptable
biological catch [ABC], annual catch limits [ACL] and harvest
guidelines [HG]) recommended biennially by the Council and based on the
best scientific information available at that time (50 CFR 660.60(b)).
During development of the harvest specifications, the Council also
recommends management measures (e.g., trip limits, area closures, and
bag limits) that are meant to mitigate catch so as not to exceed the
harvest specifications. The harvest specifications and mitigation
measures developed for the 2023-2024 biennium used data collected
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.
Sablefish is an important commercial species on the U.S. West Coast
with vessels targeting sablefish with both trawl and fixed gear
(longlines and pots/traps). Sablefish is managed with a coast-wide OFL
and ABC and ACLs that are apportioned north and south of 36[deg] N lat.
In 2024, the ACL for sablefish north of 36[deg] N lat. is 7,730 metric
tons (mt) with a fishery HG of 6,919 mt. The fishery HG north of
36[deg] N lat. is further divided between the LE and OA sectors with
90.6 percent, or 6,269 mt, going to the LE sector and 9.4 percent, or
650 mt, going to the OA sector. From the 6,269 mt LE allocation, 395 mt
is allocated to the LE fixed gear (LEFG) trip limit fishery.
At the June 2024 Council meeting, the Council's Groundfish
Management Team (GMT) received requests from industry members and
members of the Council's Groundfish Advisory Subpanel (GAP) to examine
the potential to increase sablefish trips limits for the LEFG and OA
fisheries north of 36[deg] N lat. The intent of increasing trip limits
would be to increase harvest opportunities for vessels targeting
sablefish. Discussion with GAP and GMT members indicated that sablefish
markets continue to be less lucrative than they were prior to 2020 and,
consequently, that prices per pound may be a stronger predictor of
participation than before, as some vessels opt to target other species
instead. Therefore, for both of the northern sablefish sectors, the GMT
provided data on 2024 sablefish prices to date, alongside calculated
prices, to predict participation for the remainder of the year. This
information can help interpret the fleetwide landings projections under
each of the low, average, and high price scenarios. Predicted prices
for the remainder of the year were calculated using prices in each
respective period of recent year(s).
Tables 1 and 2 show projected 2024 landings and attainment under
the three modeled price scenarios for status quo and for the new
Council recommended trip limits for the LEFG (table 1) and OA (table 2)
sectors north of 36[deg] N lat. LEFG landings for the full year are
projected to be 55-70 percent of the 2024 landings target under status
quo trip limits. So far this year, five LEFG vessels have attained more
than 90 percent of the status quo bimonthly limit, indicating that at
least some vessels in the fleet would benefit from a trip limit
increase. Therefore, the Council recommended Option 1, which projects
fleetwide landings at 75-97 percent of the 2024 landings target.
[[Page 59682]]
Table 1--Options for Sablefish Trip Limit Increases in the LEFG Sector North of 36[deg] N lat.
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Projected landings (rd. wt. mt) Attainment under three price
under three price scenarios scenarios
Option Trip limit --------------------------------- Target --------------------------------
(mt) Average
Low Average High Low (%) (%) High (%)
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SQ............................................ 4,500 lbs. (2,041.2 kg)/ 209 237 265 \a\ 380 55 62 70
week not to exceed 9,000
lbs. (4,082.3 kg)/2 months.
Council Recommendation........................ 7,000 lbs. (3,175.2 kg)/ 284 326 367 ......... 75 86 97
week not to exceed 14,000
lbs. (6,350.3 kg)/2 months.
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\a\ Landings target is calculated after deducting an amount of assumed discard mortality.
OA landings north of 36[deg] N lat. for the full year are projected
to be 79-90 percent of the 2024 landings target under status quo trip
limits. So far this year, three OA vessels have attained more than 90
percent of the status quo bimonthly limit, indicating that at least
some vessels in the fleet would benefit from a trip limit increase.
Therefore, the Council recommended Option 1, which projects fleetwide
landings at 88-101 percent of the 2024 landings target.
Table 2--Options for Sablefish Trip Limit Increases in the OA Sector North of 36[deg] N Lat.
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Projected landings (rd. wt. mt) Attainment under three price
under three price scenarios scenarios
Option Trip limit --------------------------------- Target --------------------------------
(mt) Average
Low Average High Low (%) (%) High (%)
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SQ............................................ 3,000 lbs. (1,360.8 kg)/ 492 527 563 \a\ 626 79 85 90
week not to exceed 6,000
lbs. (2,721.6 kg)/2 months.
Council Recommendation........................ 3,500 lbs. (1,587.6 kg)/ 551 592 632 ......... 88 95 101
week not to exceed 7,000
lbs. (3,175.2 kg)/2 months.
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\a\ Landings target is calculated after deducting an amount of assumed discard mortality.
Trip limit increases for sablefish are intended to increase
attainment of the non-trawl HG. The proposed trip limit increases do
not change projected impacts to co-occurring overfished species,
compared to the impacts anticipated in the 2023-2024 harvest
specifications, because the projected impacts to those species assume
that the entire sablefish ACL is harvested. Therefore, the Council
recommended and NMFS is implementing the proposed trip limit increases,
by modifying table 2 (North) and table 2 (South) to part 660, subpart
E, to reflect trip limit changes for the LEFG fishery north of 36[deg]
N lat. and increase the limits from ``4,500 lb (2,041 kg) per week, not
to exceed 9,000 lb (4,082 kg) per two months'' to ``7,000 lb (3,175 kg)
per week, not to exceed 14,000 lb (6,350 kg) per two months''. NMFS is
also implementing, by modifying table 3 (North) and table 3 (South) to
part 660, subpart F, to reflect trip limit changes for the OA sablefish
fishery north of 36[deg] N lat. and increase the limits from ``3,000 lb
(1,361 kg) per week, not to exceed 6,000 lb (2,722 kg) per two months''
to ``3,500 lb (1,588 kg) per week, not to exceed 7,000 lb (3,175 kg)
per two. These changes will be in effect until further revised.
The GMT also received a request from industry members at the June
2024 Council meeting to increase the yellowtail rockfish and widow
rockfish OA and LEFG trip limits for the remainder of the year.
Industry members stated that the abnormally challenging weather
conditions have prevented fishing effort that would have typically
already occurred this year and, therefore, an increase in trip limits
could help make up for lost fishing opportunity once the weather
improves.
Currently, between 42[deg] and 40[deg]10' N lat., the non-trawl
fleet in Federal waters is only permitted to use non-bottom contact
gear within the Non-Trawl Rockfish Conservation Area (RCA) to access
midwater shelf species due to actions taken in September (October 2,
2023, 88 FR 67656) and November (November 29, 2023, 88 FR 83354) of
2023 to mitigate California quillback rockfish encounters. The only
current nearshore opportunity off northern California to target
midwater rockfish (including yellowtail and widow rockfishes) stocks is
with approved non-bottom contact hook-and-line gear configurations. As
area closures and gear restrictions have required the fleet to fish
offshore, where weather conditions can have a larger impact on smaller
vessels typically prosecuting these trip limits, higher trip limits may
allow those vessels to land larger volumes across fewer trips, thereby
promoting safety at-sea and potentially reducing fuel and operational
costs associated with traveling farther offshore.
Widow rockfish is managed with a coast-wide ACL. In 2024, the ACL
for widow rockfish is 11,482 mt with a fishery HG of 11,243.7 mt. The
fishery HG is further apportioned between the trawl and non-trawl
sectors with 10,843.7 mt going to the trawl sector and 400 mt going to
the non-trawl sector. 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. In 2024,
the ACL for yellowtail rockfish north of 40[deg]10' N lat. is 5,291 mt
with a fishery HG of 4,263.3 mt. The fishery HG is further apportioned
between the trawl and non-trawl sectors with 88 percent (3,751.7 mt)
going to the trawl sector and 12 percent (511.6 mt) going to non-trawl.
LEFG and OA vessels currently land less than 0.1 percent of the
non-trawl allocations of yellowtail and widow rockfishes. The trip
limit increases may help facilitate the attainment of the National
Standard 1 objective to attain but not exceed optimum yield, while
posing very limited risk to co-occurring stocks. For example, canary
rockfish are a co-occurring species of concern but are being attained
well under their non-trawl commercial allocation. Therefore, the
increase of yellowtail and widow rockfish trip limits would unlikely
jeopardize their allocation nor create regulatory discards.
Table 3 below shows status quo and new Council recommend trip
limits for widow rockfish north of 40[deg]10' N lat., and table 4 shows
the GMT projected landings for 2024 under those limits. To
[[Page 59683]]
date, fewer than three vessels operating in the LEFG sector have landed
widow rockfish north of 40[deg]10' N lat. in 2024. None of these
vessels have come within 50 percent of the trip limit in 2024.
Therefore, the projection for the LEFG sector in table 4 does not
change under status quo or the Council Recommendation. In the OA
sector, there are 12 vessels operating that have landed widow rockfish
to date in 2024. Fewer than 3 of these vessels have come within 50
percent of the trip limit.
There would be no conservation risk to the stock if the trip limits
increase since it is expected that not many fishery participants would
take advantage of the Council's recommended higher trip limits and
under both options the sectors would remain well under one percent of
the non-trawl allocation of 400 mt. Therefore, the Council recommended
and NMFS is implementing higher trip limits, by modifying table 2
(North) to part 660, subpart E, and table 3 (North) to part 660,
subpart F, for LEFG and OA widow rockfish north of 40[deg]10' N lat. as
shown in table 3 below. This will allow fishery participants an
opportunity to harvest a greater amount in fewer trips, when the
weather permits, so as to promote safety at sea and improve attainment
of the stock in the non-trawl fishery. These changes will be in effect
until further revised.
Table 3--Status Quo and Council Recommended Trip Limits for LEFG/OA Widow Rockfish North of 40[deg]10' N Lat.
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Option Sector Area Jan-Feb Mar-Apr May-Jun Jul-Aug Sep-Oct Nov-Dec
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Status Quo............................ LE N of 40[deg]10' N 4,000 lbs. (1,814.4 kg)/2 months.
lat.
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OA N of 40[deg]10' N 2,000 lbs. (907.2 kg)/2 months.
lat.
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Council Recommendation................ LE N of 40[deg]10' N 4,000 lbs. (1,814.4 kg)/2 months.
lat.
6,000 lbs. (2,721.6 kg)/2 months.
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OA N of 40[deg]10' N 2,000 lbs. (907.2 kg)/2 months.
lat.
3,000 lbs. (1,360.8 kg)/2 months.
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Table 4--GMT Projected Coastwide Widow Rockfish Landings for 2024
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Coastwide
Projected landings Projected landings non-trawl %
Option Sector (mt) N of (mt) S of allocation Attainment
40[deg]10' N lat. 40[deg]10' N lat. (mt)
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Status Quo..................... LE 1.0 0.1 400 <0.1
OA 5.2 1.5
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Council Recommendation......... LE 1.0 0.1 400 <0.1
OA 7.1 1.5
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Table 5 below shows status quo and new Council recommended trip
limits for yellowtail rockfish north of 40[deg]10' N lat. and table 6
shows the projected landings under those limits. To date in 2024, only
three vessels operating in the LEFG sector have landed yellowtail
rockfish north of 40[deg]10' N lat. None of these vessels have come
within 50 percent of the trip limit. Therefore, the projection of 2.3
mt in landings in the LEFG in 2024 does not change. In the OA sector,
there are 44 vessels operating that have landed yellowtail rockfish to
date in 2024, but similarly, none of the vessels have come within 50
percent of the trip limit. Therefore, it is not expected they would
attain the limit, as they are still projected at 2.0 mt. regardless of
the increase in trip limits.
In 2023, fewer than three vessels reached or exceeded their trip
limits. There would be no conservation risk to the stock if trip limits
increase since it is expected that both sectors would remain under one
percent of the non-trawl allocation. Therefore, the Council recommended
and NMFS is implementing, higher trip limits by modifying table 2
(North) to part 660, subpart E, and table 3 (North) to part 660,
subpart F, to reflect trip limit changes for LEFG and OA yellowtail
rockfish north of 40[deg]10' N lat., as shown in table 5 below, in
order to promote safety at sea and increase opportunity for the fishery
to achieve its 2024 catch limits. These changes will be in effect until
further revised.
Table 5--Status Quo and Alternative Trip Limit Options for LE/OA Yellowtail Rockfish North of 40[deg]10' N Lat.
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Option Sector Area Jan-Feb Mar-Apr May-Jun Jul-Aug Sep-Oct Nov-Dec
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Status Quo............................ LE N of 40[deg]10' N 3,000 lbs. (1,360.8 kg)/month.
lat.
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OA N of 40[deg]10' N 1,500 lbs. (680.4 kg)/month.
lat.
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Council Recommendation................ LE N of 40[deg]10' N 3,000 lbs. (1,360.8 kg)/month.
lat.
4,500 lbs. (2,041.2 kg)/month.
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OA N of 40[deg]10' N 1,500 lbs. (680.4 kg)/month.
lat.
2,500 lbs. (1,134 kg)/month.
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[[Page 59684]]
Table 6--Projected Yellowtail Rockfish North of 40[deg]10' N Lat. Landings for 2024
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Non-trawl
Option Sector Projected allocation % Attainment
landings (mt) (mt)
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Status Quo............................... LE 2.3 512 <0.1
OA 2.0
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Council Recommendation................... LE 2.3 512 <0.1
OA 2.0
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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/region/west-coast">https://www.fisheries.noaa.gov/region/west-coast</a>.
Pursuant to 5 U.S.C. 553(b), NMFS finds good cause to waive prior
public notice and an opportunity for public comment on this action, as
notice and comment would be impracticable and contrary to the public
interest. The adjustments to management measures in this document
modify restrictive trip limits to fisheries in Washington, Oregon, and
California, which were developed to keep catch within allocations
established by the 2023-2024 harvest specifications. Management
measures set at the start of a biennial cycle are intended to help the
fishery attain, but not exceed, the catch limits for each stock. The
adjustments to commercial non-trawl trip limits for sablefish north of
36[deg] N lat., widow rockfish north of 40[deg]10' N lat., and
yellowtail rockfish north 40[deg]10' N lat. implemented through this
action will improve attainment of these stocks without exceeding their
2023-2024 catch limits. No aspect of this action is controversial, and
changes of this nature were anticipated in the final rule for the 2023-
2024 harvest specifications and management measures, which published on
December 16, 2022 (87 FR 77007).
Delaying implementation to allow for public comment would likely
reduce the economic benefits of this action to the commercial fishing
industry and the businesses that rely on that industry, because it
would be unlikely that the new regulations would publish and could be
implemented before the end of the 2024 calendar year. Therefore,
providing a comment period for this action could significantly limit
the economic benefits to the fishery, and would hamper the potential to
achieve optimum yield from the affected fisheries.
Therefore, the NMFS finds reason to waive the 30-day delay in
effectiveness pursuant to 5 U.S.C. 553(d)(1) so that this final rule
may become effective upon publication in the Federal Register. The
adjustments to management measures in this document affect commercial
fisheries by increasing opportunity and relieving participants of the
more restrictive trip limits. These adjustments were requested by the
Council's advisory bodies, as well as members of industry during the
Council's June 2024 meeting, and are recommended by the Council. No
aspect of this action is controversial, and changes of this nature were
anticipated in the biennial harvest specifications and management
measures established through a notice and comment rulemaking for 2023-
2024 (December 16, 2022, 87 FR 77007).
List of Subjects in 50 CFR Part 660
Fisheries, Fishing, Indian fisheries.
Dated: July 18, 2024.
Lindsay Fullenkamp,
Acting Director, Office of Sustainable Fisheries, National Marine
Fisheries Service.
For the reasons set out in the preamble, NMFS 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. Revise table 2 (North) to part 660, subpart E, to read as follows:
BILLING CODE 3510-22-P
[[Page 59685]]
[GRAPHIC] [TIFF OMITTED] TR23JY24.001
[[Page 59686]]
0
3. Revise table 2 (South) to part 660, subpart E, to read as follows:
[GRAPHIC] [TIFF OMITTED] TR23JY24.002
[[Page 59687]]
0
4. Revise table 3 (North) to part 660, subpart F, to read as follows:
[GRAPHIC] [TIFF OMITTED] TR23JY24.003
[[Page 59688]]
0
5. Revise table 3 (South) to part 660, subpart F, to read as follows:
[GRAPHIC] [TIFF OMITTED] TR23JY24.004
[[Page 59689]]
[GRAPHIC] [TIFF OMITTED] TR23JY24.005
[FR Doc. 2024-16134 Filed 7-22-24; 8:45 am]
BILLING CODE 3510-22-C
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