Proposed Rule2024-17067
Magnuson-Stevens Act Provisions; Fisheries Off West Coast States; Pacific Coast Groundfish Fishery; Pacific Coast Groundfish Fishery Management Plan; Amendment 33; 2025-26 Biennial Specifications and Management Measures
Primary source
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Published
August 2, 2024
Issuing agencies
Commerce DepartmentNational Oceanic and Atmospheric Administration
Abstract
NMFS announces that the Pacific Fishery Management Council submitted amendment 33 to the Pacific Coast Groundfish Fishery Management Plan to the Secretary of Commerce for review. If approved, amendment 33 would implement a rebuilding plan for California quillback rockfish and modify the allocation framework for shortspine thornyhead. Amendment 33 is necessary to rebuild overfished stocks, achieve optimum yield, and ensure management measures are based on the best scientific information available. It is intended to promote the goals and objectives of the Pacific Coast Groundfish Fishery Management Plan.
Full Text
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<title>Federal Register, Volume 89 Issue 149 (Friday, August 2, 2024)</title>
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[Federal Register Volume 89, Number 149 (Friday, August 2, 2024)]
[Proposed Rules]
[Pages 63153-63154]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-17067]
[[Page 63153]]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 660
RIN 0648-BN08
Magnuson-Stevens Act Provisions; Fisheries Off West Coast States;
Pacific Coast Groundfish Fishery; Pacific Coast Groundfish Fishery
Management Plan; Amendment 33; 2025-26 Biennial Specifications and
Management Measures
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Announcement of availability of proposed fishery management
plan amendment; request for comments.
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SUMMARY: NMFS announces that the Pacific Fishery Management Council
submitted amendment 33 to the Pacific Coast Groundfish Fishery
Management Plan to the Secretary of Commerce for review. If approved,
amendment 33 would implement a rebuilding plan for California quillback
rockfish and modify the allocation framework for shortspine thornyhead.
Amendment 33 is necessary to rebuild overfished stocks, achieve optimum
yield, and ensure management measures are based on the best scientific
information available. It is intended to promote the goals and
objectives of the Pacific Coast Groundfish Fishery Management Plan.
DATES: Comments on amendment 33 must be received on or before October
1, 2024.
ADDRESSES: You may submit comments on this document, identified by
NOAA-NMFS-2024-0065, by the following method:
<bullet> Electronic Submission: Submit all electronic public
comments via the Federal e-Rulemaking Portal. Go to <a href="https://www.regulations.gov">https://www.regulations.gov</a> and enter NOAA-NMFS-2024-0065, in the Search box.
Click on the ``Comment'' icon, complete the required fields, and enter
or attach your comments.
Instructions: Comments must be submitted by the above method to
ensure that the comments are received, documented, and considered by
NMFS. Comments sent by any other method, to any other address or
individual, or received after the end of the comment period, may not be
considered. All comments received are a part of the public record and
NMFS will post for public viewing on <a href="https://www.regulations.gov">https://www.regulations.gov</a>
without change. All personal identifying information (e.g., name,
address, etc.), confidential business information, or otherwise
sensitive information submitted voluntarily by the sender is publicly
accessible. NMFS will accept anonymous comments (enter ``N/A'' in the
required fields if you wish to remain anonymous).
Electronic Access
This notification of availability 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>/. Information relevant to amendment 33, which
includes a draft Environmental Assessment, a regulatory impact review,
a Regulatory Flexibility Act certification, and a Magnuson Stevens
Fishery Conservation and Management Act (Magnuson-Stevens Act) analysis
(collectively termed the ``Analysis''), are accessible via the internet
at the NMFS West Coast Region website at: <a href="https://www.fisheries.noaa.gov/west-coast/laws-and-policies/west-coast-region-national-environmental-policy-act-documents">https://www.fisheries.noaa.gov/west-coast/laws-and-policies/west-coast-region-national-environmental-policy-act-documents</a>.
FOR FURTHER INFORMATION CONTACT: Lynn Massey, phone, or email: 562-900-
2060, <a href="/cdn-cgi/l/email-protection#e8a4918686c6a5899b9b8d91a886878989c68f879e"><span class="__cf_email__" data-cfemail="f7bb8e9999d9ba968484928eb799989696d9909881">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION: NMFS manages the groundfish fisheries in the
exclusive economic zone (EEZ) seaward of Washington, Oregon, and
California under the Pacific Coast Groundfish fishery management plan
(PCGFMP). The Pacific Fishery Management Council (Council) prepared,
and NMFS implemented the PCGFMP under the authority of the Magnuson-
Stevens Act, 16 U.S.C. 1801 et seq. and by regulations at 50 CFR parts
600 and 660. The Magnuson-Stevens Act requires that each regional
fishery management council submit any FMP or plan amendment it prepares
to NMFS for review and approval, disapproval, or partial approval by
the Secretary of Commerce. The Magnuson-Stevens Act also requires that
NMFS, upon receiving an FMP or amendment, immediately publish a notice
that the FMP or amendment is available for public review and comment.
This notification announces that the proposed amendment 33 to the
PCGFMP is available for public review and comment. NMFS will consider
the public comments received during the comment period described above
in determining whether to approve, partially approve, or disapprove
amendment 33 to the PCGFMP.
Background
Every 2 years, the Council recommends harvest specifications and
management measures to NMFS for most of the stocks and management units
that are managed via the PCGFMP. Most of these harvest specifications
and management measures can be implemented by amending the regulations
published in the Code of Federal Regulations, however, in some cases,
these changes necessitate amending the PCGFMP. Amendment 33 constitutes
the portion of the 2025-26 groundfish harvest specifications and
management measures action that necessitates a change to the PCGFMP.
Specifically, amendment 33 would: (1) implement a rebuilding plan for
California quillback rockfish, and (2) amend the allocation framework
for shortspine thornyhead. The rest of 2025-26 groundfish harvest
specifications and management measures will be described in a
forthcoming proposed rule that will publish in the near future.
Rebuilding Plan for California Quillback Rockfish
The Council recommended, and NMFS is proposing, the implementation
of a rebuilding plan for California quillback rockfish. NMFS declared
California quillback rockfish overfished in December 2023, in response
to a data moderate assessment conducted by the Northwest Fisheries
Science Center (NWFSC) in 2021 (Agenda Item E.2, Attachment 4, November
2021). When NMFS declares a stock overfished, the Council must develop
and manage the stock in accordance with a rebuilding plan (Magnuson-
Stevens Act at section 304(e)(3)), which must include certain
rebuilding parameters, including Tmin, Tmax, and Ttarget. Tmin means
the amount of time the stock or stock complex would be expected to take
to rebuild to its maximum sustainable yield (MSY) biomass level in the
absence of any fishing mortality (50 CFR 600.310(j)(3)(i)(A)). Tmax
means the maximum time allowable for rebuilding a stock or stock
complex to its MSY biomass. If Tmin for the stock or stock complex is
10 years or less, then Tmax is automatically 10 years. If Tmin for the
stock or stock complex exceeds 10 years, then Tmax must be calculated
as Tmin plus the length of time associated with one generation time for
that stock or stock complex. ``Generation time'' is the average length
of time between when an individual is born and the birth of its
offspring. Ttarget means the specified time period for rebuilding a
stock that is considered to be as short a
[[Page 63154]]
time as possible, taking into account the status and biology of the
overfished stock, the needs of fishing communities, recommendations by
international organizations in which the U.S. participates, and the
interaction of the stock within the marine ecosystem (50 CFR
600.310(j)(3)(i)). In March 2024, the Council adopted the California
quillback rockfish rebuilding analysis (Agenda Item F.2 Attachment 1
March 2024), which specified the following rebuilding parameters: Tmin
= 2045, Tmax = 2071, and mean generation time of 26 years.
The Council prepared a Rebuilding Plan Analysis, which describes
the four rebuilding strategies considered for California quillback
rockfish (Agenda Item F.6 Supplemental Revised Attachment 3 June 2024).
The Council recommended Alternative 2 (the ``acceptable biological
catch (ABC) rule'' rebuilding strategy) as its final preferred
alternative for California quillback rockfish rebuilding. This
rebuilding strategy includes a harvest control rule that sets the
annual catch limit (ACL) equal to the ABC, with a management risk
tolerance of P* = 0.45 and the scientific uncertainty (time-varying
sigma) reduction applied to the overfishing limit (OFL). This
rebuilding strategy identifies Ttarget as 2060. As shown in the
Rebuilding Plan Analysis, Alternative 2 is projected to rebuild the
stock by 2060 with 73.6 percent probability of rebuilding by 2071
(Tmax). Accordingly, the final preferred rebuilding strategy is
anticipated to rebuild the stock within the Magnuson-Stevens Act
mandated timeframe, while still providing a limited amount of fishing
opportunity, and thus rebuilding in as short a time as possible while
taking into account the status and biology of the overfished stock and
the needs of fishing communities. A proposed rule to implement
amendment 33 will soon be published alongside an updated Rebuilding
Plan Analysis that reflects the Council's final preferred rebuilding
strategy.
Chapter 4 of the PCGFMP describes the Council's rebuilding
policies. The proposed revision would add a new section to this chapter
(section 4.6.3.7) describing the rebuilding plan for California
quillback rockfish, including the rebuilding parameters described
above. This section would also describe the existing rebuilding plan
for yelloweye rockfish. In prior PCFFMP documents, the rebuilding
species section has been included as appendix F, which describes the
history of the Council's rebuilding plans. With the exception of
yelloweye rockfish, all stocks described in appendix F have rebuilt.
Therefore, the Council and NMFS propose removing appendix F from the
PCGFMP and adding that information to the Stock Assessment and Fishery
Evaluation (SAFE) document to preserve the historical rebuilding plan
information. This amendment would only keep extant rebuilding plans in
the PCGFMP.
Change to the Allocation Framework for Shortspine Thornyhead
The Council recommended, and NMFS is proposing, modifying the
allocation framework for shortspine thornyhead. Shortspine thornyhead's
allocation structure was established via amendment 21 to the PCGFMP
(see <a href="https://www.pcouncil.org">https://www.pcouncil.org</a>). It has a coastwide OFL and ABC, and two
area-specific ACLs and fishery harvest guidelines (HGs) for north and
south of 34[deg]27' north latitude (N lat.). The existing ACL
apportionment method is based on the available data (2003-2012) from
the NWFSC West Coast Bottom Trawl survey, at the time of the previous
assessment conducted in 2013. This has resulted in approximately 70
percent of the estimated biomass being apportioned to the ACL north of
34[deg]27' N lat. for the past 5 years (Agenda Item E.5.a, Supplemental
GMT Report 1, November 2023). For north of 34[deg]27' N lat., the trawl
sector has been allocated 95 percent of the HG and the non-trawl sector
allocated 5 percent of the HG. For south of 34[deg]27' N lat., the
trawl sector has been allocated a fixed 50 metric tons of the HG, with
the non-trawl sector receiving the remainder of the HG.
As a result of the 2023 shortspine thornyhead stock assessment
(Agenda Item G.2 Attachment 4 September 2023), which indicates that the
stock will be in the precautionary zone, shortspine thornyhead ACLs in
the 2025-26 biennium are expected to be constraining for both the trawl
and non-trawl sectors in the area north of 34[deg]27' N lat. For the
trawl sector, under the existing allocation framework, there would be
substantial individual fishing quota reductions. For the non-trawl
sector, trip limits for the limited entry fixed gear fishery would have
to be so low that a targeted fishery is unlikely to be prosecuted.
Shortspine thornyhead has been chronically under-attained in the area
south of 34[deg]27' N lat.; therefore, combining the trawl and non-
trawl allocations into coastwide allocations would allow for more
flexible use of that allocation in issuing trawl quota and setting non-
trawl trip limits. To achieve this, the Council and NMFS would set a
coastwide ACL and HG (as opposed to two area-specific ACLs and HGs) for
2025 and beyond. Additionally, the Council recommended, and NMFS is
proposing, to shift the trawl/non-trawl allocation of shortspine
thornyhead from an allocation specified in the PCGFMP to a 2-year
allocation, specified in regulation.
Chapter 6 of the PCGFMP describes routine management measures used
to manage Pacific Coast groundfish fisheries, including allocations.
Further, table 1 of section 6.3.2.3 describes formal allocations
established via amendment 21. The Council recommended and NMFS is
proposing to remove the allocation amounts for shortspine thornyhead
north and south of 34[deg]27' N lat. from table 1. This change would
effectively remove the management line at 34[deg]27' N lat., allowing
the Council and NMFS to set a coastwide ACL and HG. This change is
anticipated to provide needed fishing opportunity for limited entry
fishermen north of 34[deg]27' N lat., while still preserving fishing
opportunity for fishermen south of 34[deg]27' N lat., as well prevent
overfishing.
Public Comment
NMFS welcomes comments on the proposed PCGFMP amendment through the
end of the comment period. A proposed rule to implement amendment 33
has been submitted for Secretarial review and approval. NMFS expects to
publish and request public review and comment on proposed regulations
to implement amendment 33 in the near future. For public comments on
the proposed rule to be considered in the approval or disapproval
decision on amendment 33, those comments must be received by the end of
the comment period on the amendment. All comments received by the end
of the comment period for the amendment, whether specifically directed
to the amendment or the proposed rule, will be considered in the
approval/disapproval decision.
Authority: 16 U.S.C. 1801 et seq.
Dated: July 29, 2024.
Lindsay Fullenkamp,
Acting Director, Office of Sustainable Fisheries, National Marine
Fisheries Service.
[FR Doc. 2024-17067 Filed 8-1-24; 8:45 am]
BILLING CODE 3510-22-P
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