Rule2025-06191
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; Correcting Amendment
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Published
April 11, 2025
Effective
April 11, 2025
Issuing agencies
Commerce DepartmentNational Oceanic and Atmospheric Administration
Abstract
NMFS is correcting the 2025-2026 harvest specifications and management measures for groundfish caught in the U.S. exclusive economic zone seaward of Washington, Oregon, and California published on December 16, 2024. These corrections are necessary to accurately implement the 2025-2026 specifications. This correcting amendment revises regulations to fully implement the recombination of shortspine thornyheads north and south of 34[deg]27' N lat., by clarifying the coastwide quota share (QS) and quota pound (QP) accumulation limits are the same as the area-specific limits but are now managed coastwide. This correction also revises the limited entry trip limits for shortspine thornyheads and sablefish, which were mis-specified in table 2b (South). Finally, this correction also fixes an amendatory instruction intended to correct instances of "Nontrawl" to "Non- trawl".
Full Text
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<title>Federal Register, Volume 90 Issue 69 (Friday, April 11, 2025)</title>
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[Federal Register Volume 90, Number 69 (Friday, April 11, 2025)]
[Rules and Regulations]
[Pages 15413-15415]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-06191]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 660
[Docket No. 250407-0061]
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; Correcting Amendment
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Final rule; correcting amendment.
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SUMMARY: NMFS is correcting the 2025-2026 harvest specifications and
management measures for groundfish caught in the U.S. exclusive
economic zone seaward of Washington, Oregon, and California published
on December 16, 2024. These corrections are necessary to accurately
implement the 2025-2026 specifications. This correcting amendment
revises regulations to fully implement the recombination of shortspine
thornyheads north and south of 34[deg]27' N lat., by clarifying the
coastwide quota share (QS) and quota pound (QP) accumulation limits are
the same as the area-specific limits but are now managed coastwide.
This correction also revises the limited entry trip limits for
shortspine thornyheads and sablefish, which were mis-specified in table
2b (South). Finally, this correction also fixes an amendatory
instruction intended to correct instances of ``Nontrawl'' to ``Non-
trawl''.
DATES: This rule is effective April 11, 2025.
ADDRESSES: This rule is accessible 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 NMFS West Coast Region
website at <a href="https://www.fisheries.noaa.gov/action/amendment-33-pacific-coast-groundfish-fishery-management-plan-2025-2026-groundfish-harvest">https://www.fisheries.noaa.gov/action/amendment-33-pacific-coast-groundfish-fishery-management-plan-2025-2026-groundfish-harvest</a>
and the Pacific Fishery Management Council's website at <a href="http://www.pcouncil.org/">http://www.pcouncil.org/</a>.
FOR FURTHER INFORMATION CONTACT: Keeley Kent, Supervisory Fishery
Management Specialist, at 206-526-4655 or <a href="/cdn-cgi/l/email-protection#e18a84848d8498cf8a848f95a18f8e8080cf868e97"><span class="__cf_email__" data-cfemail="472c22222b223e692c222933072928262669202831">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION: 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 seaward of
Washington, Oregon, and California. Based on recommendations from the
Pacific Fishery Management Council (Council), NMFS 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) (final rule). That final rule was effective January 1, 2025.
After publication of the final rule, NMFS noted the need for
corrections to accurately implement the specifications as evaluated by
the Council and approved by NMFS.
Corrections
The final rule inadvertently omitted changes to the quota share
(QS) and quota pound (QP) accumulation limits that result from the
combination of the shortspine thornyhead annual catch limits and
Shorebased Individual Fishing Quota privileges that was implemented via
the final rule. Prior to the recombination, the QS accumulation limit
for shortspine thornyheads north of 34[deg]27' N lat. was 6 percent and
for shortspine thornyheads south of 34[deg]27' N lat. was 6 percent.
This correction clarifies in 50 CFR 660.140(d)(4)(i)(C) that the QS
accumulation limit is now 6 percent for coastwide shortspine
thornyheads. Similarly, prior to the recombination, the QP accumulation
limit for shortspine thornyheads north of 34[deg]27' N lat. was 9
percent and for shortspine thornyheads south of 34[deg]27' N lat. was 9
percent. This correction clarifies in 50 CFR 660.140(e)(4)(i) that the
QP accumulation limit is now 9 percent for coastwide shortspine
thornyheads.
Consistent with revisions to the regulations in 50 CFR part 660
accomplished via the final rule, this correction also fixes six
instances of ``Nontrawl'' to read ``Non-trawl''. This correction also
fixes an incorrect citation in 50 CFR 660.13(d)(4)(iv), by replacing it
with 50 CFR 660.11, the correct citation for the definition of the
directed open access fishery.
This correcting amendment also fixes three errors in table 2b
(South) to part 660, subpart E. The final rule incorrectly left out the
cumulative trip limit for shortspine thornyhead south of 34[deg]27' N
lat. for limited entry fixed gear (LEFG) participants. This correcting
amendment revises table 2b (South) to part 660, subpart E, to set the
trip limit for shortspine thornyhead south of 34[deg]27' N lat. at
4,000 lb (1,814 kg) per 2 months. Additionally, this correcting
amendment revises the incorrectly set LEFG limit for sablefish south of
36[deg] N lat. The limit will now read ``2,500 lb (1,134 kg) per week''
rather than the current incorrect ``2,500 lb (1,134 kg) per 2 months''.
Finally, this correcting amendment revises the area specification for
the longspine thornyhead LEFG limit so that it is set for the entire
area south of 40[deg]10' N lat. rather than just south of 34[deg]27' N
lat.
This correcting amendment also clarifies the formatting of the
``Other flatfish'' trip limits for the open access sector in table 3b
(South) to part 660, subpart F.
Classification
NMFS is issuing this rule pursuant to 304(b) of the Magnuson-
Stevens Fishery Conservation and Management Act (MSA). The NMFS
Assistant Administrator for Fisheries (AA) has determined that this
final rule is consistent with the MSA, the PCGFMP, and other applicable
law.
Pursuant to 5 U.S.C. 553(b)(B), the AA finds there is good cause to
waive prior notice and an opportunity for public comment on this
action, as notice and comment would be unnecessary and contrary to
public interest in clear and accurate regulations. This action corrects
inadvertent errors and makes necessary clarifications to the final
rule. Expeditious correction of the errors and
[[Page 15414]]
clarification is necessary to prevent confusion among participants in
the fishery, which has already begun. In addition, notice and comment
is unnecessary because this notice makes only minor changes to correct
inadvertent errors and make minor clarifications related to the final
rule. That rule was subject to notice and comment rulemaking, as well
as opportunity for public comment through the Council development
process, including at meetings in June 2023, September 2023, November
2023, March 2024, April 2024, and June 2024. These corrections will not
affect the results of analyses conducted to support management
decisions in the Pacific Coast groundfish fishery. These corrections
are consistent with the public process regarding the regulations and to
accurately implement the 2025-2026 specifications as evaluated by the
Council and approved by NMFS. Accordingly, the public expects the
regulations to be written as in the correction. No change in operating
practices in the fishery is required.
Similarly, the AA has determined good cause exists to waive the 30-
day delay in effectiveness pursuant to 5 U.S.C. 553(d). The changes in
this action should be effective immediately to prevent further
confusion among participants in the fishery. This final rule makes only
minor corrections to the final rule which was effective January 1,
2025. Delaying effectiveness of these corrections would result in
conflicts in the regulations and confusion among fishery participants.
Because prior notice and an opportunity for public comment are not
required to be provided for this rule by 5 U.S.C. 553, or any other
law, the analytical requirements of the Regulatory Flexibility Act, 5
U.S.C. 601 et seq., are not applicable. Accordingly, no Regulatory
Flexibility Analysis is required for this rule and none has been
prepared.
This final rule is not significant under Executive Order 12866.
This final rule contains no information collection requirements
under the Paperwork Reduction Act of 1995.
List of Subjects in 50 CFR Part 660
Fisheries, Fishing, Indian fisheries.
Dated: April 8, 2025.
Samuel D. Rauch III,
Deputy Assistant Administrator for Regulatory Programs, National Marine
Fisheries Service.
For the reasons set out in the preamble, 50 CFR part 660 is
corrected by making the following correcting amendments:
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. 660.11:
0
a. Revise paragraph (8) in the definition of ``Fishing gear''; and
0
b. In the introductory text of the definition of ``Nontrawl fishery'':
0
i. Remove ``Nontrawl fishery'' and add ``Non-trawl fishery'' in its
place; and
0
ii. Add a colon at the end of the text.
The revision reads as follows:
Sec. 660.11 General definitions.
* * * * *
Fishing gear * * *
(8) Non-trawl gear means all legal commercial groundfish gear other
than trawl gear.
* * * * *
0
3. In Sec. 660.13, revise the introductory text of paragraph
(d)(4)(iv) to read as follows:
Sec. 660.13 Recordkeeping and reporting.
* * * * *
(d) * * *
(4) * * *
(iv) Declaration reports will include: The vessel name and/or
identification number, gear type, and monitoring type where applicable,
(as defined in paragraph (d)(4)(iv)(A) of this section). Upon receipt
of a declaration report, NMFS will provide a confirmation code or
receipt to confirm that a valid declaration report was received for the
vessel. Retention of the confirmation code or receipt to verify that a
valid declaration report was filed and the declaration requirement was
met is the responsibility of the vessel owner or operator. Vessels
using non-trawl gear may declare more than one gear type, with the
exception of vessels participating in the Shorebased IFQ Program (i.e.,
gear switching) and those vessels declaring to fish inside the Non-
Trawl RCA with non-bottom contact stationary vertical jig gear or
groundfish troll gear (i.e., if one of these declarations is used, no
other declaration may be made on that fishing trip). For the purpose of
the directed open access permit defined at Sec. 660.11, declaration
codes for the directed open access fishery include codes 33 through 37.
Vessels using trawl gear may only declare one of the trawl gear types
listed in paragraph (d)(4)(iv)(A) on any trip and may not declare non-
trawl gear on the same trip in which trawl gear is declared.
* * * * *
0
4. In Sec. 660.55, revise the heading of paragraph (c)(1)(ii) to read
as follows:
Sec. 660.55 Allocations.
* * * * *
(c) * * *
(1) * * *
(ii) Non-trawl fishery allocation. * * *
* * * * *
0
5. In Sec. 660.140, amend the tables in paragraphs (d)(4)(i)(C) and
(e)(4)(i) by revising the entries for ``Shortspine thornyhead'' to read
as follows:
Sec. 660.140 Shorebased IFQ Program.
* * * * *
(d) * * *
(4) * * *
(i) * * *
(C) * * *
Accumulation Limits
------------------------------------------------------------------------
QS and IBQ
Species category control limit
(in percent)
------------------------------------------------------------------------
* * * * *
Shortspine thornyhead................................... 6
* * * * *
------------------------------------------------------------------------
* * * * *
(e) * * *
(4) * * *
(i) * * *
------------------------------------------------------------------------
Annual QP
Species category vessel limit
(in percent)
------------------------------------------------------------------------
* * * * *
Shortspine thornyhead................................... 9
* * * * *
------------------------------------------------------------------------
* * * * *
0
6. In Sec. 660.230, revise the first sentence of paragraph (b)(6) and
the heading of paragraph (d)(14) to read as follows:
Sec. 660.230 Fixed gear fishery--management measures.
* * * * *
(b) * * *
(6) Gear for use in the Non-trawl RCA. * * *
* * * * *
(d) * * *
(14) Non-trawl Rockfish Conservation Area (RCA). * * *
* * * * *
0
7. In table 2b (South) to part 660, subpart E:
[[Page 15415]]
0
a. Remove the entry for ``Longspine thornyhead (south of 34[deg]27' N
lat.)'' and add the entry ``Longspine thornyhead'' in its place;
0
b. Revise the entry for ``Sablefish (south of 36[deg] N lat.)''; and
0
c. Add an entry for ``Shortspine thornyhead (south of 34[deg]27' N
lat.)'' in alphabetical order.
The additions and revision read as follows:
Table 2b (South) to Part 660, Subpart E--Trip Limits for Limited Entry
Fixed Gear South of 40[deg]10' N Lat.
------------------------------------------------------------------------
Species Trip limit
------------------------------------------------------------------------
* * * * * * *
Longspine thornyhead................... 10,000 lb/2 months.
* * * * * * *
Sablefish (south of 36[deg] N lat.).... 2,500 lb/week not to exceed
6,000 lb/2 month.
* * * * * * *
Shortspine thornyhead (south of 4,000 lb/2 months.
34[deg]27' N lat.).
* * * * * * *
------------------------------------------------------------------------
* * * * *
0
8. In Sec. 660.330, revise the heading of paragraph (d)(15) to read as
follows:
Sec. 660.330 Open access fishery--management measures.
* * * * *
(d) * * *
(15) Non-trawl rockfish conservation area for the open access
fisheries. * * *
* * * * *
0
9. In table 3b (South) to part 660, subpart F:
0
a. Remove the entry for ``Other flatfish complex (defined at Sec.
660.11)''; and
0
b. Add the entries ``Other flatfish complex (defined at Sec. 660.11)
(40[deg]10' N lat.-37[deg]07' N lat.)'' and ``Other flatfish complex
(defined at Sec. 660.11) (South of 37[deg]07' N lat.)'' in
alphanumerical order.
The additions read as follows:
Table 3b (South) to Part 660, Subpart F--Trip Limits for Open Access
South of 40[deg]10' N Lat.
------------------------------------------------------------------------
Species Trip limit
------------------------------------------------------------------------
* * * * * * *
Other flatfish complex (defined at Sec. 10,000 lb/2 months seaward of
660.11) (40[deg]10' N lat.- the Non-Trawl RCA; CLOSED
37[deg]07' N lat.). inside of the Non-Trawl RCA.
Other flatfish complex (defined at Sec. 10,000 lb/2 months.
660.11) (South of 37[deg]07' N lat.).
* * * * * * *
------------------------------------------------------------------------
* * * * *
[FR Doc. 2025-06191 Filed 4-10-25; 8:45 am]
BILLING CODE 3510-22-P
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