Rule2025-03556
Magnuson-Stevens Act Provisions; Fisheries Off West Coast States; Pacific Coast Groundfish Fishery; 2025-2026 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
March 6, 2025
Effective
March 6, 2025
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 90 Issue 43 (Thursday, March 6, 2025)</title>
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[Federal Register Volume 90, Number 43 (Thursday, March 6, 2025)]
[Rules and Regulations]
[Pages 11389-11390]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-03556]
[[Page 11389]]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 660
[Docket No. 241022-0278]
RIN 0648-BN48
Magnuson-Stevens Act Provisions; Fisheries Off West Coast States;
Pacific Coast Groundfish Fishery; 2025-2026 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 March 6, 2025.
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="http://www.pcouncil.org/">http://www.pcouncil.org/</a>.
FOR FURTHER INFORMATION CONTACT: Christopher Biegel, phone: 503-231-
6291 or email: <a href="/cdn-cgi/l/email-protection#76151e041f050219061e130458141f1311131a361819171758111900"><span class="__cf_email__" data-cfemail="d0b3b8a2b9a3a4bfa0b8b5a2feb2b9b5b7b5bc90bebfb1b1feb7bfa6">[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 2025-2026
biennium for most species managed under the PCGFMP on December 16, 2024
(89 FR 101514). 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 November 13-18, 2024 meeting, the Council recommended
increasing the open access (OA) trip limit for shelf rockfish in the
area between 40[deg]10' N lat. and 42[deg] N lat. to be consistent with
that in the area north of 42[deg] N lat. The current trip limit for OA
shelf rockfish between 40[deg]10' N lat. and 42[deg] N lat. is 1,200 lb
(544 kg) per 2 months. 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 recommended 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 2025-2026 biennium used data
through the 2023 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 the November 2024 Council meeting, the Groundfish Management
Team (GMT) received a request to increase the OA trip limit for the
shelf rockfish north of 40[deg]10' N lat. complex beginning in 2025.
The request was aimed to provide relief to the OA sector who have been
affected by closures to protect California quillback rockfish. Some
vessels have landed more than 80 percent of their 2024 trip limit over
multiple periods and the request may allow those participants to
utilize the stocks in the complex that are under-attained (i.e.,
bocaccio and chilipepper rockfish). Absent inseason action, the 2025
trip limits would have remained the same, except for a change in the
limit structure, i.e., the 2024 trip limit was a monthly limit whereas
the 2025 limit is a bimonthly limit. The GMT analyzed the following two
options to increase the shelf rockfish complex trip limits: (1)
increased trip limits in the area between 40[deg]10' N lat. and 42[deg]
N lat. to be consistent with that in the area north of 42[deg] N lat.,
and (2) Option 1 as well as doubling the trip limits north of
40[deg]10' N lat. As a whole, the non-trawl shelf rockfish complex non-
trawl allocation of the annual catch limit (ACL) is underutilized.
However, individual fishermen are attaining close to the trip limit,
which increases the risk of regulatory discards.
To consider increasing the OA shelf complex trip limits in the area
40[deg]10' N lat. and 42[deg] N lat., the GMT evaluated non-trawl
species-specific mortality relative to ACL contributions to the shelf
complex. During their analysis, vermilion/sunset rockfish, which is one
of the stocks managed in the shelf complex, attainment arose as a
concern, because the California harvest of vermilion/sunset rockfish
has exceeded area-specific ACL contributions in recent years.
Vermilion/sunset rockfish off California is managed in a split between
two shelf rockfish stock complexes north and south of 40[deg]10' N lat.
To prevent exceedance of the area-specific overfishing limit of the
California vermilion/sunset rockfish stock as defined for status
determination, the NMFS will maintain management measures, including
harvest targets, that aim to keep mortality of vermilion/sunset
rockfish in all areas south of 42[deg] N lat. within the OFL
contributions associated with that area (i.e., the combined OFL
contributions for northern and southern California). While the combined
ACL contribution of vermilion/sunset rockfish south of 42[deg] N lat.
to the shelf rockfish complexes north and south of 40[deg]10' N lat.
has been exceeded in the past, the Agenda Item I.6.a, Supplemental CDFW
Report 1, November 2024 notes that vermilion/sunset rockfish mortality
is lower in 2024 than in recent years and is projected to remain within
California-specific harvest targets. Similar attainment is expected in
2025. The GMT discussed creating a sub-trip limit for vermilion/sunset
rockfish north of 40[deg]10' N lat., similar to the sub-trip limit for
vermilion/sunset rockfish in the shelf rockfish complex trip limit
south of 40[deg]10' N lat. The GMT determined this action could not be
accomplished inseason and would instead need to be addressed in the
biennial harvest
[[Page 11390]]
specification process. Table 5 of the GMT report describes the
additional projected vermilion/sunset rockfish mortality relative to
the trip limit options analyzed. The respective ACL contribution for
vermilion/sunset rockfish off California are not at risk of being
exceeded with the addition of 0.1 mt mortality associated with the
Option 1 trip limit. Noting the limited impacts to species-specific
contributions to the shelf complex including vermilion/sunset rockfish,
the GMT recommended increasing the OA trip limit for shelf rockfish in
the area between 40[deg]10' N lat. and 42[deg] N lat. to be consistent
with that in the area north of 42[deg] N lat. (i.e., Option 1 in table
4).
Therefore, the Council recommended, and NMFS is implementing, a
trip limit increase for OA shelf rockfish trip limits between
40[deg]10' N lat and 42[deg] N lat. to 1,600 lbs/2 months in table 3b
(North) to part 660, subpart F.
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 Christopher Biegel in NMFS West
Coast Region (see FOR FURTHER INFORMATION CONTACT, above), or view at
the NMFS West Coast Groundfish website: <a href="https://www.westcoast.fisheries.noaa.gov/fisheries/groundfish/index.html">https://www.westcoast.fisheries.noaa.gov/fisheries/groundfish/index.html</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 trip limits in California to keep catch within allocations
established by the 2025-2026 harvest specifications. No aspect of this
action is controversial, and changes of this nature were anticipated in
the final rule for the 2025-2026 harvest specifications and management
measures which published on December 16, 2024 (89 FR 101514).
The Council recommended, and NMFS is implementing, an increase to
the OA trip limit for shelf rockfish in the area between 40[deg]10' N.
lat and 42[deg] N lat. to be consistent with that in the area north of
42[deg] N lat. As a whole, the non-trawl shelf rockfish complex
allocation is underutilized and providing the OA fishery with increased
access to these stocks would have economic benefits without
jeopardizing the ACL.
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 it is unlikely the new
regulations would publish and could be implemented in time to realize
the projected benefits to fishing communities and the resource. A delay
in implementation could also contribute to unnecessarily discarded and
largely wasted fish for any fishermen who are attaining the lower trip
limit, which could otherwise be landed to provide food and revenue, and
responsible use of the resource. Therefore, providing a comment period
for this action could limit the economic benefits to the fishery, and
would hamper the achievement of 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 allowing greater economic
benefit. These adjustments were requested by the Council's advisory
bodies, as well as members of industry during the Council's November
2024 meeting, and recommended unanimously 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 2025-
2026 (89 FR 101514).
List of Subjects in 50 CFR Part 660
Fisheries, Fishing, Indian fisheries.
Dated: February 28, 2025.
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. Amend table 3b (North) to part 660, subpart F by revising the entry
for ``Shelf rockfish complex (42[deg]00' N lat.-40[deg]10' N lat.)'' to
read as follows:
Table 3b (North) to Part 660, Subpart F--Trip Limits for Open Access
North of 40[deg]10' N Lat.
------------------------------------------------------------------------
Species Trip limit
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* * * * * * *
Shelf rockfish complex (42[deg]00' N lat.- 1,600 lb/2 months.
40[deg]10' N lat.).
* * * * * * *
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[FR Doc. 2025-03556 Filed 3-5-25; 8:45 am]
BILLING CODE 3510-22-P
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