Magnuson-Stevens Act Provisions; Fisheries Off West Coast States; Pacific Coast Groundfish Fishery; 2021-2022 Biennial Specifications and Management Measures; Inseason Adjustments, 72863-72873 [2021-27901]
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Federal Register / Vol. 86, No. 244 / Thursday, December 23, 2021 / Rules and Regulations
Dated: December 17, 2021.
Samuel D. Rauch, III,
Deputy Assistant Administrator for
Regulatory Programs,National Marine
Fisheries Service.
[FR Doc. 2021–27773 Filed 12–22–21; 8:45 am]
BILLING CODE 3510–22–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 660
[Docket No. 201204–0325]
RIN 0648–BL10
Magnuson-Stevens Act Provisions;
Fisheries Off West Coast States;
Pacific Coast Groundfish Fishery;
2021–2022 Biennial Specifications and
Management Measures; Inseason
Adjustments
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Final rule; inseason adjustments
to biennial groundfish management
measures.
AGENCY:
This final rule announces
routine inseason adjustments to
management measures in commercial
and recreational groundfish fisheries.
This action is intended to allow
commercial and recreational fishery
participants to access more abundant
groundfish stocks while protecting
rebuilding stocks.
DATES: This final rule is effective
January 1, 2022.
FOR FURTHER INFORMATION CONTACT:
Sean E. Matson, (206) 526–6140, email:
sean.matson@noaa.gov.
ADDRESSES:
SUMMARY:
Electronic Access
This rule is accessible via the internet
at the Office of the Federal Register
website at https://
www.federalregister.gov. Background
information and documents are
available at the Pacific Fishery
Management Council’s website at https://
www.pcouncil.org/.
SUPPLEMENTARY INFORMATION:
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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,
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and California. The Pacific Fishery
Management Council (Council)
develops groundfish harvest
specifications and management
measures for two year periods (i.e., a
biennium). NMFS published the final
rule to implement harvest specifications
and management measures for the
2021–2022 biennium for most species
managed under the PCGFMP on
December 11, 2020 (85 FR 79880). 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 meeting on November 15–22,
2021, the Council made
recommendations for the 2022 fishing
year, which included decreasing trip
limits for the Limited Entry (LE) and
Open Access (OA) fixed gear (FG)
sablefish, Daily Trip Limit (DTL)
fisheries north of 36° N latitude. The
Council also recommended increasing
trip limits for the fixed gear lingcod
fishery, north of 42° N latitude (LE and
OA), beginning January 1, 2022, and for
the remainder of the 2022 fishing year
unless superseded by a subsequent
action. Additionally, the Council
recommended new sub-bag limits and
sub-trip limits, in recreational and nontrawl commercial fisheries respectively,
for two nearshore species, quillback
rockfish and copper rockfish, as well as
the shelf species vermillion rockfish.
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 manage catch
so as not to exceed the harvest
specifications. The harvest
specifications and management
measures developed for the 2021–2022
biennium used data through the 2020
fishing year. Each of the adjustments to
management 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 become available,
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projected impacts of management
measures are updated, and the
management measures themselves may
need to be adjusted so as to help
harvesters achieve but not exceed the
harvest limits.
Sablefish (Anoplopoma fimbria) is an
important commercial species on the
West Coast, targeted by vessels using
both bottom trawl and fixed gear
(longlines and pots/traps). The sablefish
stock is managed with a coast-wide OFL
and ABC, but with separate ACLs north
and south of 36° N latitude. In 2022, the
ACL for sablefish north of 36° N latitude
is 6,566 metric tons (mt) with a fishery
HG of 5,872 mt. The fishery HG north
of 36° N latitude is further divided
between the LE FG and OA sectors with
90.6 percent, or 5,320 mt, allocated to
the LE sector and 9.4 percent, or 552 mt,
allocated to the OA sector. The LE share
is divided so that 58 percent is allocated
to trawl and 42 percent is allocated to
FG. The LE FG share is further divided
between the sablefish primary (tier)
fishery (85% or 1,899 mt) and the daily
trip limit (DTL) fisheries (15% or 335
mt), as shown in Table 2c to title 50,
part 660, subpart C. The sablefish DTL
fisheries are individually managed
using landing targets (Table 1), which
have accounted for discard mortality a
priori, by subtracting 4.5 percent from
the DTL catch share. This same method
of accounting for discard mortality to
calculate the landing target is also used
in managing the OA sablefish DTL
fishery, north of 36° N latitude (Table 1).
Lingcod (Ophiodon elongates) is
another important commercial species
on the West Coast, and like sablefish,
caught by vessels with both trawl and
fixed gear (longlines and pots/traps).
The lingcod stock is managed separately
north and south of 40°10′ N latitude,
with a northern ACL of 4,958 mt in
2022, a fishery HG of 4,679.6 mt, and a
northern trawl fixed gear allocation of
2,105.8, or 45 percent of the HG, and a
northern non-trawl allocation of 2,573.8,
or 55 percent. Lingcod north of 40°10′
N latitude are additionally managed
north and south of 42° N latitude,
typically with different trip limits set
north and south of that management
line.
Quillback rockfish (Sebastes maliger)
off California (CA), are currently
managed as part of the Minor Nearshore
Rockfish complex, which is split north
and south of 40°10′ N latitude. A stock
assessment conducted in 2021 indicated
the stock is not healthy, and interim
measures to reduce mortality are
warranted while broader measures are
being developed as part of the 2023–
2024 groundfish biennial harvest
specifications and management
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measures. For 2022, the Minor
Nearshore Rockfish complex south of
40°10′ N latitude has an ACL of 1,010
mt, with a contribution ACL value for
quillback rockfish of 4.18 mt. The Minor
Nearshore Rockfish complex north of
40°10′ N latitude has an ACL of 93.4 mt,
with a contribution ACL value for
quillback rockfish of 9.74 mt. Quillback
rockfish are caught in both recreational
and commercial fisheries; while
considered a deeper nearshore rockfish
species, commonly found in waters
shallower than 30 fathoms, they can be
encountered in deeper waters, and
depth-based encounter rates are largely
driven by depth restrictions on the
fishery. The Minor Nearshore Rockfish
complexes, including quillback
rockfish, are managed using trip limits
in the commercial fixed gear fishery and
bag limits in recreational fishery.
Copper rockfish (Sebastes caurinus)
off CA are also currently managed as
part of the Minor Nearshore Rockfish
complex, south of 40°10′ N latitude; as
well as the Minor Nearshore Rockfish
complex north of 40°10′ N latitude, but
only in the area between 42° and 40°10′
N latitude. Copper rockfish are a deeper
nearshore rockfish species, but can
commonly be found both in shallow
nearshore waters, as well as deeper
waters considered as the ‘‘shelf.’’ They
are caught in both recreational and
commercial fisheries. Copper rockfish
were also the subject of a 2021 stock
assessment which indicated localized
depletion within the stock off
California. For 2022, the Minor
Nearshore Rockfish complex, south of
40°10′ N latitude has an ACL of 1,233.2
mt, and copper rockfish has a
component ACL of 202 mt within the
southern complex. The Minor Nearshore
Rockfish complex, north of 40°10′ N
latitude has an ACL of 77 mt, and
copper rockfish has an ACL
contribution of 8.06 mt within the
northern complex.
Vermillion rockfish (Sebastes
miniatus) off CA are currently managed
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as part of the Minor Shelf Rockfish
complex, south of 40°10′ N latitude; as
well as the Minor Shelf Rockfish
complex north of 40°10′ N latitude, but
only in the area between 42° and 40°10′
N lat. For 2022, the southern complex
has an ACL of 1,428 mt, and vermillion
has an ACL contribution of 209.5 mt;
the northern complex has an ACL of
1,450 mt, and vermillion has an ACL
contribution of 7.6 mt within it.
Request, Analysis, and Council
Recommendation
Sablefish
At the November 2021 Council
meeting, the Council’s Groundfish
Management Team (GMT) analyzed
updated fishery data, and produced
model-based projections for the fixed
gear, LE and OA DTL fisheries north of
36° N lat., for the 2022 fishing year.
Model projections for 2022 using the
current sablefish trip limits in
regulation indicated that catch would
dramatically exceed target levels, unless
lower limits were adopted. The GMT
modeled lower alternative trip limits,
uniformly distributed among bimonthly
periods throughout the year, as
requested by the Groundfish Advisory
Subpanel (GAP).
The intent of setting sablefish trip
limits is to optimize harvest
opportunities, within each annual sector
target, for vessels targeting sablefish,
under a mix of daily, weekly, and
bimonthly landings accumulation limits
(commonly referred to collectively as
‘‘trip limits’’). To evaluate potential
decreases to sablefish trip limits, the
GMT made model-based projections of
landings under current regulations, as
well as alternative sablefish trip limits,
including the limits ultimately
recommended by the Council,
throughout the year in 2022. Table 1
shows the projected sablefish landings,
the sablefish harvest targets, and the
projected attainment percentage by
fishery under both the current trip
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limits and the Council’s recommended
adjusted trip limits. These projections
were based on the most recent catch
information available through early
November 2021. Industry did not
request changes to sablefish trip limits
for the LE or OA DTL fisheries south of
36° N latitude. Therefore, NMFS and the
Council did not consider changes for
those fisheries.
As shown in Table 1, under the
current trip limits, models predict that
landings of sablefish would be far above
the harvest targets for LE fixed gear
sablefish DTL fishery north of 36° N lat.,
at approximately 236 percent
attainment, under an average price
assumption. Under the Council’s
recommended trip limits, sablefish
attainment is projected to be within the
sector target, in the LE DTL fishery
north of 36° N latitude, at approximately
99 percent attainment under an average
price assumption.
The GMT modeled trip limit options
for the OA DTL fishery, north of 36° N
latitude which were somewhat lower
than the LE trip limits. OA trip limits
are typically set lower than in LE,
maintaining a higher level of access per
vessel for those fishing under a limited
entry permit. Trip limits being
somewhat lower in the OA fishery also
helps to buffer against sometimes high
variability in participation, a feature
typically not present in the LE fishery.
As shown in Table 1, under the current
trip limits, models predict
approximately 74 percent attainment,
under an average price assumption for
OA fixed gear sablefish DTL fishery
north of 36° N lat. Under the Council’s
recommended trip limits, sablefish
attainment is projected at approximately
70 percent attainment (under the same
price structure). In this case, the lower
projected attainment may also provide
something of a buffer, given the higher
uncertainty of the OA model, compared
with the LE model, and historic
potential for volatility in the OA fishery.
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Lingcod
The Council also recommended
changes to trip limits in 2022 for
lingcod north of 42° N latitude, after
request from industry and analysis by
the GMT. Trip limit increases were
recommended to provide additional
opportunity and increase attainment
(current lingcod attainment in 2021 is
just 17 percent of the ACL), as well as
minimize regulatory discard because
trip limits are being met by vessels in
the first few weeks of the bimonthly
period, which results in waste and lost
revenue. Table 2 shows the current and
recommended trip limits for lingcod
north of 42° N latitude. Table 3 shows
the projected impacts of those limits to
total mortality, and percent attainment
of the non-trawl allocation, north of 42°
N latitude. Projected impacts to lingcod
fishing mortality from the recommended
trip limits are approximately 3.5 percent
higher than for current limits. Based on
the analysis by the GMT, the higher
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landing limits are predicted to convert
fish that would otherwise be discarded,
into landings and revenue, rather than
incentivize additional effort. By
maintaining a very similar level of
effort, and total fishing mortality, this
modest increase in trip limits is
predicted to increase bycatch of
yelloweye rockfish by only a trace
amount (<0.03 mt). Yelloweye rockfish
is managed under a rebuilding plan, and
is a constraint to fixed-gear lingcod
attainment.
TABLE 2—CURRENT AND RECOMMENDED TRIP LIMITS FOR LINGCOD NORTH OF 42° N LATITUDE
Fishery
Area
Jan–Feb
Current ............................
LE ...................
N of 42° N lat. .................
OA ..................
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Recommended ................
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Mar–Apr
May–Jun
Jul–Aug
5,000 lb (2,268 kg)/2 months
2,000 lb (907 kg)/month
2,500 lb (1,134 kg)/month
5,000 lb (2,268 kg)/2 months
OA ..................
2,500 lb (1,134 kg)/month
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Nov–Dec
4,000 lb (1,814 kg)/2 months
LE ...................
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Sep–Oct
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TABLE 3—PROJECTED IMPACTS FOR CURRENT AND RECOMMENDED TRIP LIMITS, COMPARED TO THE NON-TRAWL
ALLOCATION FOR LINGCOD NORTH OF 42° N LATITUDE
Mortality
estimate
(mt)
LE + OA
(mt)
Option
Sector
Area
Current ................................................
LE ...................
North of 42° N lat ..............................
OA ..................
80.3
Recommended ...................................
LE ...................
27.5
OA ..................
82.4
Quillback, Copper, and Vermillion
Rockfish
The California Department of Fish
and Wildlife (CDFW) recommended in
the November 2021 PFMC meeting that
the Council take inseason action to
reduce fishing mortality of quillback,
copper, and vermillion rockfish off of
California (CA). The recommendation is
in response to results of the recent stock
assessments. Additionally, CDFW
recommended that the Council reduce
the existing recreational sub-bag limit of
vermillion rockfish, due to recent high
catches of this species, south of 40°10′
N lat. The Council, in response,
recommended the following inseason
changes to non-trawl fisheries off
California for 2022, with the goal of
reducing total mortality for quillback
rockfish, copper rockfish, and vermilion
rockfish.
25.8
Quillback Rockfish
CDFW staff analyzed potential
management measure changes to reduce
total fishing mortality of quillback
rockfish off CA in both recreational and
commercial fisheries, in response to
results of the 2021 stock assessment. A
range of new quillback-specific sub-trip
limits were analyzed in order to reduce
fishing mortality in the commercial
fishery; current and recommended
commercial options appear in Table 4.
For the recreational fishery, analysts
examined changes to recreational
regulations for quillback rockfish that
would minimize impacts on fishing
opportunities for other groundfish
species, applying depth-dependent
discard mortality rates for those fish
discarded in excess of a recommended
sub-bag limit, assuming the existing
season by area fishery structure, and
maintaining the current mixed species
(i.e., Minor Nearshore Rockfish
Non-trawl
allocation
(mt)
Attainment of
allocation
(percent)
106.1
2,799.8
3.8
109.9
2,799.8
3.9
complex) total bag limit of rockfish of 10
fish. Quillback rockfish are caught in
recreational fisheries as a small part of
a mixed species bag, and more than 50
percent of anglers who catch quillback,
catch only one fish.
Results from the CDFW analysis of
current regulations and of measures
recommended by the Council appear in
Table 4. Combined recommended
management measures, between
recreational and commercial fisheries
statewide, were predicted to result in a
1.6 mt, or 12 percent reduction in
estimated total fishing mortality. CDFW
also plans to add quillback rockfish to
the list of species with additional
tracking effort, including frequent
inseason projections, to make up for
reporting lags, and produce estimates of
catch to the current date, to accurately
inform future inseason actions, if
necessary.
TABLE 4—COMBINED PROJECTED RECREATIONAL AND COMMERCIAL IMPACTS STATEWIDE, FOR QUILLBACK ROCKFISH
BASED ON COMBINATIONS OF CURRENT, AND RECOMMENDED MANAGEMENT MEASURES FOR BOTH COMMERCIAL AND
RECREATIONAL FISHERIES (MT, TOTAL PROJECTED MORTALITY) *
Commercial
Fishery/option
Current—
no sub-trip limit
Recreational:
Current—no sub-bag limit ....................................................................................................................
Recommended—statewide one fish sub-bag limit ...............................................................................
13.5
11.4
Recommended—
statewide 75 lb
(34 kg)/2 months
14
11.9
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* For example, the projection of the total mortality of quillback rockfish that corresponds to implementation of Council-recommended options, including both commercial and recreational catch, appears in the lower right cell (11.9 mt).
Council recommendations for
quillback rockfish off CA included:
• Sub-bag limit of one quillback
rockfish in the CA recreational fishery.
• Minor nearshore rockfish trip limits
between 42°–40° 10′ N lat. of 2,000 lb/
2 months, of which no more than 75 lb
(34 kg) can be quillback rockfish.
• Deeper nearshore rockfish sub-trip
limits south of 40° 10′ N lat. will be
2,000 lb/2 months, of which no more
than 75 lb (34 kg) can be quillback
rockfish.
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Copper Rockfish
CDFW staff analyzed potential
management measure changes to reduce
total fishing mortality of copper rockfish
off CA in both recreational and
commercial fisheries in 2022, in
response to results of the 2021 stock
assessment. Copper rockfish are
managed as part of the same nearshore
rockfish complexes as quillback, are an
important part of the same commercial
and recreational fisheries as quillback,
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and the analysis was approached in
similar fashion.
Copper rockfish is a popular
recreational species, also caught as part
of a mixed species bag. Similar to
quillback rockfish, analysts examined
changes to recreational regulations to
reduce total fishing mortality of copper
rockfish without disproportionately
impacting fishing opportunities for
other rockfish species, applying depthdependent discard mortality rates for
those fish discarded in excess of a
recommended sub-bag limit, assuming
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the existing season by area fishery
structure, and maintaining the current
mixed species, total bag limit of rockfish
of 10 fish.
In the commercial fishery, like
quillback, copper rockfish is also part of
deeper nearshore fisheries managed
using permits, and nearshore rockfish
complex trip limits, in areas between
42° and 40° 10′ N lat., and south of 40°
10′ N lat., caught with limited entry
fixed, and open access gears. A range of
new copper-specific sub-trip limits were
analyzed in order to reduce fishing
mortality in the commercial fishery.
Results from the CDFW analysis of
current regulations in addition to
measures recommended by the Council
appear in Table 5. Combined
recommended management measures,
between recreational and commercial
fisheries statewide, were predicted to
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result in a 50 mt, or 25 percent
reduction in estimated total fishing
mortality. CDFW also plans to add
copper rockfish to the list of species
with additional tracking effort,
including frequent inseason projections,
to make up for reporting lags, and
produce estimates of catch to the
current date.
TABLE 5—COMBINED PROJECTED RECREATIONAL AND COMMERCIAL IMPACTS FOR COPPER ROCKFISH STATEWIDE, BASED
ON COMBINATIONS OF CURRENT, AND RECOMMENDED MANAGEMENT MEASURES FOR BOTH RECREATIONAL AND
COMMERCIAL FISHERIES (MT, TOTAL PROJECTED MORTALITY) *
Commercial
Fishery/option
Current—
no sub-trip limit
Recreational:
Current—no sub-bag limit ....................................................................................................................
Recommended—statewide one fish sub-bag limit ...............................................................................
Recommended—
statewide 75 lb
(34 kg)/2 months
202
158.2
195.9
152.2
* For example, the projection that corresponds to implementation of Council-recommended options for both commercial and recreational appears in the lower right cell (152.2 mt).
Council recommendation:
• A (new) sub-bag limit of one copper
rockfish in the California recreational
fishery.
• Minor nearshore rockfish trip limits
between 42°–40° 10′ N lat. will be 2,000
lb/2 months, of which no more than 75
lb (34 kg) can be copper rockfish.
• Deeper nearshore rockfish sub-trip
limits south of 40° 10′ N lat. will be
2,000 lb/2 months, of which no more
than 75 lb (34 kg) can be copper
rockfish.
Vermilion Rockfish
Current estimates of total catch of
vermilion rockfish south of 40°10′ N lat.
in 2021 equal 228.7 mt, which translates
to 109 percent of the ACL contribution
to the complex ACL. CDFW and the
Council expect total catch of vermilion
rockfish in 2022 to be similar to 2021.
Vermillion rockfish is primarily taken in
the recreational fishery, and catch
projections were made by CDFW staff.
Projections for status quo, and the
recommended action appear in Table 6.
The recommended action is projected to
reduce catch of vermillion rockfish
south of 40°10′ N lat. to within the OFL
contribution (Table 6), and bring it
closer to within the ACL contribution
value.
TABLE 6—COMBINED PROJECTED RECREATIONAL AND COMMERCIAL IMPACTS FOR VERMILLION ROCKFISH STATEWIDE,
BASED ON ALTERNATIVE MANAGEMENT MEASURES (CURRENT AND RECOMMENDED) FOR RECREATIONAL FISHERIES
(MT, TOTAL PROJECTED MORTALITY) *
Commercial
catch
(current, mt)
Fishery/option
Difference
between
bag limits
Recreational:
Current: statewide 5-fish sub-bag limit ....................................
270.5
........................
Recommended: 4-fish sub-bag limit ........................................
251.2
19.3
2022 OFL
contribution
269.3
Percent
of OFL
contribution
100.4
93.3
2022 ACL
contribution
209.5
Percent
of ACL
contribution
129.1
119.9
* For example, projected combined catch, assuming the Council-recommended option for recreational fisheries, together with the current commercial limits, appears
in row two, column one (251.2 mt, which corresponds to 93.3 percent attainment of the OFL contribution).
Council recommendation:
• Reduce the vermilion rockfish five
fish sub-bag limit, to four fish, in the CA
recreational fishery.
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Summary of Changes
Trip limit decreases for sablefish are
intended to reduce attainment of the LE
and OA DTL fisheries to within their
respective fishery targets in the coming
2022 fishing year. Both fisheries
contribute to attainment of the nontrawl HG for sablefish north of 36° N
latitude, and maintaining these
fisheries’ catch levels within their
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specific targets is important to
preserving compliance with the harvest
guideline and ACL for this highly
economically important and typically
highly attained species. The trip limit
decreases do not change projected
impacts to co-occurring rebuilding
species as analyzed in the 2021–2022
harvest specifications because the
projected impacts to those species
assume that the entire sablefish ACL is
harvested.
Recommended increases to lingcod
north of 42° N latitude are intended to
both increase fisher opportunity, and
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convert regulatory discards into
landings and associated revenue, and
are not predicted to increase effort or
bycatch of co-occurring rebuilding
species by more than a trace amount
(<0.03 mt of yelloweye rockfish).
Therefore, the Council recommended,
and NMFS is implementing, by
modifying Table 2, North and South to
part 660, subpart E, trip limit changes
for the LEFG fishery north of 40°10′ N
lat., as well as Table 3, North and South
to part 660, subpart F to increase the
limits as shown in Table 1 (sablefish),
and Table 2 (lingcod) in this rule.
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Recommended commercial sub-trip
limits for quillback, copper, and
vermillion rockfish are intended to
reduce fishing mortality off CA, due to
new information from stock assessments
that indicate overfishing in the case of
quillback rockfish, precautionary status
in the case of copper rockfish, as well
as expected repeated exceedance of the
ACL and OFL contribution reference
points, as during 2015–2019 and 2021
for vermillion rockfish. Therefore, the
Council recommended and NMFS is
implementing, changes by modifying
Table 2, South to part 660, subpart E, as
well as Table 3, South to part 660,
subpart F, as shown in tables 4, 5 and
6 in this rule.
Recommended recreational sub-bag
limits for quillback, copper, and
vermillion rockfish are intended to
reduce fishing mortality for those stocks
off CA in 2022, due to new stock
assessments for this species. Therefore,
the Council recommended and NMFS is
implementing these changes by
modifying 50 CFR 660.360(c)(3)(ii)(B)
the changes shown in table 6 in this
rule.
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 Dr. Sean
Matson in the West Coast Region (see
FOR FURTHER INFORMATION CONTACT,
above), or view at the NMFS West Coast
Groundfish website: https://
www.westcoast.fisheries.noaa.gov/
fisheries/groundfish/.
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 for
fisheries off of Washington, Oregon, and
California to keep catch within
allocations. No aspect of this action is
controversial, and changes of this nature
were anticipated in the final rule for the
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2021–2022 harvest specifications and
management measures which published
on December 11, 2020 (85 FR 79880).
As stated earlier, the Council
recommended reduced sablefish limits
for 2022 to keep catch within harvest
targets and allocations for their
respective fisheries, and within the
ACL. New information became available
at the November 2021 Council meeting
showing that updated 2022 catch
projections using the most recent
available data were much higher than
projections made during the harvest
specifications process due to a
combination of changing fishery
conditions, and trip limit changes made
during the 2021 fishing year.
The updated trip limits being
implemented in this rule are anticipated
to provide for landings and fishing
community revenue, while maintaining
harvest within scientifically informed
conservation limits, concomitant with
the goals of the Magnuson Stevens Act.
The Council recommended increased
lingcod landing limits to provide
additional fisher opportunity and
discourage regulatory discard. New
information became available at the
November 2021 Council meeting
indicating that low attainment of
lingcod could be somewhat improved in
2022 by increasing landing limits,
without attracting undue additional
effort, and while discouraging
regulatory discard. Implementing the
recommended trip limits is projected to
ameliorate this, increase attainment rate
of the allocation, and enable additional
fish to be landed rather than wasted,
producing more fisher and community
revenue.
Additionally, the Council
recommended new sub-bag limits, and
sub-trip limits in recreational and
commercial fisheries, respectively, for
three nearshore rockfish species:
Quillback rockfish, copper rockfish, and
vermillion rockfish. These changes are
necessary to reduce fishing mortality of
the three stocks, in order to address
recent unfavorable stock biomass as
demonstrated through new stock
assessments (quillback and copper
rockfish), and to reduce catch to within
management reference points
(vermillion rockfish).
Delaying implementation to allow for
public comment would, in the case of
lingcod, reduce the economic benefits to
the commercial fishing industry and the
businesses that rely on that industry
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because it is unlikely the new
regulations would in that case publish
and be implemented before the
beginning of the 2022 calendar year. For
sablefish, quillback rockfish, copper
rockfish, and vermillion rockfish off of
California, delaying implementation
could cause conservation issues, and
unsustainable harvest at the levels
established in the past, using what is
now out of date information. Therefore,
providing a comment period for this
action could both significantly limit the
economic benefits to the fishery, and at
the same time hamper the adherence to
scientifically informed reference points,
created to ensure sustainability of 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
were requested by the Council’s
advisory bodies, as well as members of
industry during the Council’s November
2021 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 2021–2022 (85 FR 79880;
December 11, 2021).
List of Subjects in 50 CFR Part 660
Fisheries, Fishing, and Indian
Fisheries.
Authority: 16 U.S.C. 1801 et seq., 16
U.S.C. 773 et seq., and 16 U.S.C. 7001 et seq.
Dated: December 20, 2021.
Ngagne Jafnar Gueye,
Acting Director, Office of Sustainable
Fisheries, National Marine Fisheries Service.
For the reasons set out in the
preamble, 50 CFR part 660 is amended
as follows:
PART 660—FISHERIES OFF WEST
COAST STATES
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.
2. Revise Table 2 (North) to part 660,
subpart E, to read as follows:
■
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3. Revise Table 2 (South) to part 660,
subpart E, to read as follows:
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4. Revise Table 3 (North) to part 660,
subpart F, to read as follows:
■
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5. Revise Table 3 (South) to part 660,
subpart F, to read as follows:
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Federal Register / Vol. 86, No. 244 / Thursday, December 23, 2021 / Rules and Regulations
§ 660.360 Recreational fishery—
management measures.
*
*
*
*
(c) * * *
(3) * * *
(ii) * * *
(B) Bag limits, hook limits. In times
and areas when the recreational season
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*
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for the RCG Complex is open, there is
a limit of 2 hooks and 1 line when
fishing for the RCG complex. The bag
limit is 10 RCG Complex fish per day
coastwide, with a sub-bag limit of 4 fish
for vermilion rockfish, 1 fish for
quillback rockfish, and 1 fish for copper
rockfish. These sub-bag limits count
towards the bag limit for the RCG
Complex and are not in addition to that
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limit. Retention of yelloweye rockfish,
bronzespotted rockfish, and cowcod is
prohibited. Multi-day limits are
authorized by a valid permit issued by
California and must not exceed the daily
limit multiplied by the value of days in
the fishing trip.
*
*
*
*
*
[FR Doc. 2021–27901 Filed 12–22–21; 8:45 am]
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6. In § 660.360, revise paragraph
(c)(3)(ii)(B) to read as follows:
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]]>Agencies
[Federal Register Volume 86, Number 244 (Thursday, December 23, 2021)]
[Rules and Regulations]
[Pages 72863-72873]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-27901]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 660
[Docket No. 201204-0325]
RIN 0648-BL10
Magnuson-Stevens Act Provisions; Fisheries Off West Coast States;
Pacific Coast Groundfish Fishery; 2021-2022 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.
-----------------------------------------------------------------------
SUMMARY: This final rule announces routine inseason adjustments to
management measures in commercial and recreational groundfish
fisheries. This action is intended to allow commercial and recreational
fishery participants to access more abundant groundfish stocks while
protecting rebuilding stocks.
DATES: This final rule is effective January 1, 2022.
FOR FURTHER INFORMATION CONTACT: Sean E. Matson, (206) 526-6140, email:
[email protected].
ADDRESSES:
Electronic Access
This rule is accessible via the internet at the Office of the
Federal Register website at https://www.federalregister.gov. Background
information and documents are available at the Pacific Fishery
Management Council's website at https://www.pcouncil.org/.
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 two year
periods (i.e., a biennium). NMFS published the final rule to implement
harvest specifications and management measures for the 2021-2022
biennium for most species managed under the PCGFMP on December 11, 2020
(85 FR 79880). 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 meeting on November 15-22, 2021, the Council made
recommendations for the 2022 fishing year, which included decreasing
trip limits for the Limited Entry (LE) and Open Access (OA) fixed gear
(FG) sablefish, Daily Trip Limit (DTL) fisheries north of 36[deg] N
latitude. The Council also recommended increasing trip limits for the
fixed gear lingcod fishery, north of 42[deg] N latitude (LE and OA),
beginning January 1, 2022, and for the remainder of the 2022 fishing
year unless superseded by a subsequent action. Additionally, the
Council recommended new sub-bag limits and sub-trip limits, in
recreational and non-trawl commercial fisheries respectively, for two
nearshore species, quillback rockfish and copper rockfish, as well as
the shelf species vermillion rockfish.
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 manage catch so as not to exceed the
harvest specifications. The harvest specifications and management
measures developed for the 2021-2022 biennium used data through the
2020 fishing year. Each of the adjustments to management 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 become available, projected
impacts of management measures are updated, and the management measures
themselves may need to be adjusted so as to help harvesters achieve but
not exceed the harvest limits.
Sablefish (Anoplopoma fimbria) is an important commercial species
on the West Coast, targeted by vessels using both bottom trawl and
fixed gear (longlines and pots/traps). The sablefish stock is managed
with a coast-wide OFL and ABC, but with separate ACLs north and south
of 36[deg] N latitude. In 2022, the ACL for sablefish north of 36[deg]
N latitude is 6,566 metric tons (mt) with a fishery HG of 5,872 mt. The
fishery HG north of 36[deg] N latitude is further divided between the
LE FG and OA sectors with 90.6 percent, or 5,320 mt, allocated to the
LE sector and 9.4 percent, or 552 mt, allocated to the OA sector. The
LE share is divided so that 58 percent is allocated to trawl and 42
percent is allocated to FG. The LE FG share is further divided between
the sablefish primary (tier) fishery (85% or 1,899 mt) and the daily
trip limit (DTL) fisheries (15% or 335 mt), as shown in Table 2c to
title 50, part 660, subpart C. The sablefish DTL fisheries are
individually managed using landing targets (Table 1), which have
accounted for discard mortality a priori, by subtracting 4.5 percent
from the DTL catch share. This same method of accounting for discard
mortality to calculate the landing target is also used in managing the
OA sablefish DTL fishery, north of 36[deg] N latitude (Table 1).
Lingcod (Ophiodon elongates) is another important commercial
species on the West Coast, and like sablefish, caught by vessels with
both trawl and fixed gear (longlines and pots/traps). The lingcod stock
is managed separately north and south of 40[deg]10' N latitude, with a
northern ACL of 4,958 mt in 2022, a fishery HG of 4,679.6 mt, and a
northern trawl fixed gear allocation of 2,105.8, or 45 percent of the
HG, and a northern non-trawl allocation of 2,573.8, or 55 percent.
Lingcod north of 40[deg]10' N latitude are additionally managed north
and south of 42[deg] N latitude, typically with different trip limits
set north and south of that management line.
Quillback rockfish (Sebastes maliger) off California (CA), are
currently managed as part of the Minor Nearshore Rockfish complex,
which is split north and south of 40[deg]10' N latitude. A stock
assessment conducted in 2021 indicated the stock is not healthy, and
interim measures to reduce mortality are warranted while broader
measures are being developed as part of the 2023-2024 groundfish
biennial harvest specifications and management
[[Page 72864]]
measures. For 2022, the Minor Nearshore Rockfish complex south of
40[deg]10' N latitude has an ACL of 1,010 mt, with a contribution ACL
value for quillback rockfish of 4.18 mt. The Minor Nearshore Rockfish
complex north of 40[deg]10' N latitude has an ACL of 93.4 mt, with a
contribution ACL value for quillback rockfish of 9.74 mt. Quillback
rockfish are caught in both recreational and commercial fisheries;
while considered a deeper nearshore rockfish species, commonly found in
waters shallower than 30 fathoms, they can be encountered in deeper
waters, and depth-based encounter rates are largely driven by depth
restrictions on the fishery. The Minor Nearshore Rockfish complexes,
including quillback rockfish, are managed using trip limits in the
commercial fixed gear fishery and bag limits in recreational fishery.
Copper rockfish (Sebastes caurinus) off CA are also currently
managed as part of the Minor Nearshore Rockfish complex, south of
40[deg]10' N latitude; as well as the Minor Nearshore Rockfish complex
north of 40[deg]10' N latitude, but only in the area between 42[deg]
and 40[deg]10' N latitude. Copper rockfish are a deeper nearshore
rockfish species, but can commonly be found both in shallow nearshore
waters, as well as deeper waters considered as the ``shelf.'' They are
caught in both recreational and commercial fisheries. Copper rockfish
were also the subject of a 2021 stock assessment which indicated
localized depletion within the stock off California. For 2022, the
Minor Nearshore Rockfish complex, south of 40[deg]10' N latitude has an
ACL of 1,233.2 mt, and copper rockfish has a component ACL of 202 mt
within the southern complex. The Minor Nearshore Rockfish complex,
north of 40[deg]10' N latitude has an ACL of 77 mt, and copper rockfish
has an ACL contribution of 8.06 mt within the northern complex.
Vermillion rockfish (Sebastes miniatus) off CA are currently
managed as part of the Minor Shelf Rockfish complex, south of
40[deg]10' N latitude; as well as the Minor Shelf Rockfish complex
north of 40[deg]10' N latitude, but only in the area between 42[deg]
and 40[deg]10' N lat. For 2022, the southern complex has an ACL of
1,428 mt, and vermillion has an ACL contribution of 209.5 mt; the
northern complex has an ACL of 1,450 mt, and vermillion has an ACL
contribution of 7.6 mt within it.[FEDREG][VOL]*[/VOL][NO]*[/
NO][DATE]*[/DATE][RULES][RULE][PREAMB][AGENCY]*[/AGENCY][SUBJECT]*[/
SUBJECT][/PREAMB][SUPLINF][HED]*[/HED]
Request, Analysis, and Council Recommendation
Sablefish
At the November 2021 Council meeting, the Council's Groundfish
Management Team (GMT) analyzed updated fishery data, and produced
model-based projections for the fixed gear, LE and OA DTL fisheries
north of 36[deg] N lat., for the 2022 fishing year. Model projections
for 2022 using the current sablefish trip limits in regulation
indicated that catch would dramatically exceed target levels, unless
lower limits were adopted. The GMT modeled lower alternative trip
limits, uniformly distributed among bimonthly periods throughout the
year, as requested by the Groundfish Advisory Subpanel (GAP).
The intent of setting sablefish trip limits is to optimize harvest
opportunities, within each annual sector target, for vessels targeting
sablefish, under a mix of daily, weekly, and bimonthly landings
accumulation limits (commonly referred to collectively as ``trip
limits''). To evaluate potential decreases to sablefish trip limits,
the GMT made model-based projections of landings under current
regulations, as well as alternative sablefish trip limits, including
the limits ultimately recommended by the Council, throughout the year
in 2022. Table 1 shows the projected sablefish landings, the sablefish
harvest targets, and the projected attainment percentage by fishery
under both the current trip limits and the Council's recommended
adjusted trip limits. These projections were based on the most recent
catch information available through early November 2021. Industry did
not request changes to sablefish trip limits for the LE or OA DTL
fisheries south of 36[deg] N latitude. Therefore, NMFS and the Council
did not consider changes for those fisheries.
As shown in Table 1, under the current trip limits, models predict
that landings of sablefish would be far above the harvest targets for
LE fixed gear sablefish DTL fishery north of 36[deg] N lat., at
approximately 236 percent attainment, under an average price
assumption. Under the Council's recommended trip limits, sablefish
attainment is projected to be within the sector target, in the LE DTL
fishery north of 36[deg] N latitude, at approximately 99 percent
attainment under an average price assumption.
The GMT modeled trip limit options for the OA DTL fishery, north of
36[deg] N latitude which were somewhat lower than the LE trip limits.
OA trip limits are typically set lower than in LE, maintaining a higher
level of access per vessel for those fishing under a limited entry
permit. Trip limits being somewhat lower in the OA fishery also helps
to buffer against sometimes high variability in participation, a
feature typically not present in the LE fishery. As shown in Table 1,
under the current trip limits, models predict approximately 74 percent
attainment, under an average price assumption for OA fixed gear
sablefish DTL fishery north of 36[deg] N lat. Under the Council's
recommended trip limits, sablefish attainment is projected at
approximately 70 percent attainment (under the same price structure).
In this case, the lower projected attainment may also provide something
of a buffer, given the higher uncertainty of the OA model, compared
with the LE model, and historic potential for volatility in the OA
fishery.
[[Page 72865]]
[GRAPHIC] [TIFF OMITTED] TR23DE21.013
Lingcod
The Council also recommended changes to trip limits in 2022 for
lingcod north of 42[deg] N latitude, after request from industry and
analysis by the GMT. Trip limit increases were recommended to provide
additional opportunity and increase attainment (current lingcod
attainment in 2021 is just 17 percent of the ACL), as well as minimize
regulatory discard because trip limits are being met by vessels in the
first few weeks of the bimonthly period, which results in waste and
lost revenue. Table 2 shows the current and recommended trip limits for
lingcod north of 42[deg] N latitude. Table 3 shows the projected
impacts of those limits to total mortality, and percent attainment of
the non-trawl allocation, north of 42[deg] N latitude. Projected
impacts to lingcod fishing mortality from the recommended trip limits
are approximately 3.5 percent higher than for current limits. Based on
the analysis by the GMT, the higher landing limits are predicted to
convert fish that would otherwise be discarded, into landings and
revenue, rather than incentivize additional effort. By maintaining a
very similar level of effort, and total fishing mortality, this modest
increase in trip limits is predicted to increase bycatch of yelloweye
rockfish by only a trace amount (<0.03 mt). Yelloweye rockfish is
managed under a rebuilding plan, and is a constraint to fixed-gear
lingcod attainment.
Table 2--Current and Recommended Trip Limits for Lingcod North of 42[deg] N Latitude
--------------------------------------------------------------------------------------------------------------------------------------------------------
Option Fishery Area Jan-Feb Mar-Apr May-Jun Jul-Aug Sep-Oct Nov-Dec
--------------------------------------------------------------------------------------------------------------------------------------------------------
Current....................... LE................ N of 42[deg] N 4,000 lb (1,814 kg)/2 months
lat..
5,000 lb (2,268 kg)/2 months
-------------------- -----------------------------------------------------------------------------------
OA................ 2,000 lb (907 kg)/month
2,500 lb (1,134 kg)/month
--------------------------------------------------- -----------------------------------------------------------------------------------
Recommended................... LE................ 5,000 lb (2,268 kg)/2 months
-------------------- -----------------------------------------------------------------------------------
OA................ 2,500 lb (1,134 kg)/month
--------------------------------------------------------------------------------------------------------------------------------------------------------
[[Page 72866]]
Table 3--Projected Impacts for Current and Recommended Trip Limits, Compared to the Non-Trawl Allocation for Lingcod North of 42[deg] N Latitude
--------------------------------------------------------------------------------------------------------------------------------------------------------
Non-trawl Attainment of
Option Sector Area Mortality LE + OA (mt) allocation allocation
estimate (mt) (mt) (percent)
--------------------------------------------------------------------------------------------------------------------------------------------------------
Current............................. LE...................... North of 42[deg] N lat. 25.8 106.1 2,799.8 3.8
-------------------------- ----------------
OA...................... 80.3
--------------------------------------------------------------- ----------------------------------------------------------------
Recommended......................... LE...................... 27.5 109.9 2,799.8 3.9
-------------------------- ----------------
OA...................... 82.4
--------------------------------------------------------------------------------------------------------------------------------------------------------
Quillback, Copper, and Vermillion Rockfish
The California Department of Fish and Wildlife (CDFW) recommended
in the November 2021 PFMC meeting that the Council take inseason action
to reduce fishing mortality of quillback, copper, and vermillion
rockfish off of California (CA). The recommendation is in response to
results of the recent stock assessments. Additionally, CDFW recommended
that the Council reduce the existing recreational sub-bag limit of
vermillion rockfish, due to recent high catches of this species, south
of 40[deg]10' N lat. The Council, in response, recommended the
following inseason changes to non-trawl fisheries off California for
2022, with the goal of reducing total mortality for quillback rockfish,
copper rockfish, and vermilion rockfish.[FEDREG][VOL]*[/VOL][NO]*[/
NO][DATE]*[/DATE][RULES][RULE][PREAMB][AGENCY]*[/AGENCY][SUBJECT]*[/
SUBJECT][/PREAMB][SUPLINF][HED]*[/HED]
Quillback Rockfish
CDFW staff analyzed potential management measure changes to reduce
total fishing mortality of quillback rockfish off CA in both
recreational and commercial fisheries, in response to results of the
2021 stock assessment. A range of new quillback-specific sub-trip
limits were analyzed in order to reduce fishing mortality in the
commercial fishery; current and recommended commercial options appear
in Table 4.
For the recreational fishery, analysts examined changes to
recreational regulations for quillback rockfish that would minimize
impacts on fishing opportunities for other groundfish species, applying
depth-dependent discard mortality rates for those fish discarded in
excess of a recommended sub-bag limit, assuming the existing season by
area fishery structure, and maintaining the current mixed species
(i.e., Minor Nearshore Rockfish complex) total bag limit of rockfish of
10 fish. Quillback rockfish are caught in recreational fisheries as a
small part of a mixed species bag, and more than 50 percent of anglers
who catch quillback, catch only one fish.
Results from the CDFW analysis of current regulations and of
measures recommended by the Council appear in Table 4. Combined
recommended management measures, between recreational and commercial
fisheries statewide, were predicted to result in a 1.6 mt, or 12
percent reduction in estimated total fishing mortality. CDFW also plans
to add quillback rockfish to the list of species with additional
tracking effort, including frequent inseason projections, to make up
for reporting lags, and produce estimates of catch to the current date,
to accurately inform future inseason actions, if necessary.
Table 4--Combined Projected Recreational and Commercial Impacts
Statewide, for Quillback Rockfish Based on Combinations of Current, and
Recommended Management Measures for Both Commercial and Recreational
Fisheries (mt, Total Projected Mortality) *
------------------------------------------------------------------------
Commercial
-------------------------------------
Fishery/option Recommended--
Current-- no sub- statewide 75 lb
trip limit (34 kg)/2 months
------------------------------------------------------------------------
Recreational:
Current--no sub-bag limit..... 13.5 14
Recommended--statewide one 11.4 11.9
fish sub-bag limit...........
------------------------------------------------------------------------
* For example, the projection of the total mortality of quillback
rockfish that corresponds to implementation of Council-recommended
options, including both commercial and recreational catch, appears in
the lower right cell (11.9 mt).
Council recommendations for quillback rockfish off CA included:
Sub-bag limit of one quillback rockfish in the CA
recreational fishery.
Minor nearshore rockfish trip limits between 42[deg]-
40[deg] 10' N lat. of 2,000 lb/2 months, of which no more than 75 lb
(34 kg) can be quillback rockfish.
Deeper nearshore rockfish sub-trip limits south of 40[deg]
10' N lat. will be 2,000 lb/2 months, of which no more than 75 lb (34
kg) can be quillback rockfish.
Copper Rockfish
CDFW staff analyzed potential management measure changes to reduce
total fishing mortality of copper rockfish off CA in both recreational
and commercial fisheries in 2022, in response to results of the 2021
stock assessment. Copper rockfish are managed as part of the same
nearshore rockfish complexes as quillback, are an important part of the
same commercial and recreational fisheries as quillback, and the
analysis was approached in similar fashion.
Copper rockfish is a popular recreational species, also caught as
part of a mixed species bag. Similar to quillback rockfish, analysts
examined changes to recreational regulations to reduce total fishing
mortality of copper rockfish without disproportionately impacting
fishing opportunities for other rockfish species, applying depth-
dependent discard mortality rates for those fish discarded in excess of
a recommended sub-bag limit, assuming
[[Page 72867]]
the existing season by area fishery structure, and maintaining the
current mixed species, total bag limit of rockfish of 10 fish.
In the commercial fishery, like quillback, copper rockfish is also
part of deeper nearshore fisheries managed using permits, and nearshore
rockfish complex trip limits, in areas between 42[deg] and 40[deg] 10'
N lat., and south of 40[deg] 10' N lat., caught with limited entry
fixed, and open access gears. A range of new copper-specific sub-trip
limits were analyzed in order to reduce fishing mortality in the
commercial fishery.
Results from the CDFW analysis of current regulations in addition
to measures recommended by the Council appear in Table 5. Combined
recommended management measures, between recreational and commercial
fisheries statewide, were predicted to result in a 50 mt, or 25 percent
reduction in estimated total fishing mortality. CDFW also plans to add
copper rockfish to the list of species with additional tracking effort,
including frequent inseason projections, to make up for reporting lags,
and produce estimates of catch to the current date.
Table 5--Combined Projected Recreational and Commercial Impacts for
Copper Rockfish Statewide, Based on Combinations of Current, and
Recommended Management Measures for Both Recreational and Commercial
Fisheries (mt, Total Projected Mortality) *
------------------------------------------------------------------------
Commercial
------------------------------------------
Fishery/option Current-- no sub- Recommended--statewide
trip limit 75 lb (34 kg)/2 months
------------------------------------------------------------------------
Recreational:
Current--no sub-bag limit 202 195.9
Recommended--statewide 158.2 152.2
one fish sub-bag limit..
------------------------------------------------------------------------
* For example, the projection that corresponds to implementation of
Council-recommended options for both commercial and recreational
appears in the lower right cell (152.2 mt).
Council recommendation:
A (new) sub-bag limit of one copper rockfish in the
California recreational fishery.
Minor nearshore rockfish trip limits between 42[deg]-
40[deg] 10' N lat. will be 2,000 lb/2 months, of which no more than 75
lb (34 kg) can be copper rockfish.
Deeper nearshore rockfish sub-trip limits south of 40[deg]
10' N lat. will be 2,000 lb/2 months, of which no more than 75 lb (34
kg) can be copper rockfish.
Vermilion Rockfish
Current estimates of total catch of vermilion rockfish south of
40[deg]10' N lat. in 2021 equal 228.7 mt, which translates to 109
percent of the ACL contribution to the complex ACL. CDFW and the
Council expect total catch of vermilion rockfish in 2022 to be similar
to 2021. Vermillion rockfish is primarily taken in the recreational
fishery, and catch projections were made by CDFW staff. Projections for
status quo, and the recommended action appear in Table 6. The
recommended action is projected to reduce catch of vermillion rockfish
south of 40[deg]10' N lat. to within the OFL contribution (Table 6),
and bring it closer to within the ACL contribution value.
Table 6--Combined Projected Recreational and Commercial Impacts for Vermillion Rockfish Statewide, Based on Alternative Management Measures (Current and
Recommended) for Recreational Fisheries (mt, Total Projected Mortality) *
--------------------------------------------------------------------------------------------------------------------------------------------------------
Commercial Difference Percent of Percent of
Fishery/option catch between bag 2022 OFL OFL 2022 ACL ACL
(current, mt) limits contribution contribution contribution contribution
--------------------------------------------------------------------------------------------------------------------------------------------------------
Recreational:
Current: statewide 5-fish sub-bag limit................... 270.5 .............. 269.3 100.4 209.5 129.1
-------------------------------- -------------- -------------
Recommended: 4-fish sub-bag limit......................... 251.2 19.3 93.3 119.9
--------------------------------------------------------------------------------------------------------------------------------------------------------
* For example, projected combined catch, assuming the Council-recommended option for recreational fisheries, together with the current commercial
limits, appears in row two, column one (251.2 mt, which corresponds to 93.3 percent attainment of the OFL contribution).
Council recommendation:
Reduce the vermilion rockfish five fish sub-bag limit, to
four fish, in the CA recreational fishery.
Summary of Changes
Trip limit decreases for sablefish are intended to reduce
attainment of the LE and OA DTL fisheries to within their respective
fishery targets in the coming 2022 fishing year. Both fisheries
contribute to attainment of the non-trawl HG for sablefish north of
36[deg] N latitude, and maintaining these fisheries' catch levels
within their specific targets is important to preserving compliance
with the harvest guideline and ACL for this highly economically
important and typically highly attained species. The trip limit
decreases do not change projected impacts to co-occurring rebuilding
species as analyzed in the 2021-2022 harvest specifications because the
projected impacts to those species assume that the entire sablefish ACL
is harvested.[FEDREG][VOL]*[/VOL][NO]*[/NO][DATE]*[/
DATE][RULES][RULE][PREAMB][AGENCY]*[/AGENCY][SUBJECT]*[/SUBJECT][/
PREAMB][SUPLINF][HED]*[/HED]
Recommended increases to lingcod north of 42[deg] N latitude are
intended to both increase fisher opportunity, and convert regulatory
discards into landings and associated revenue, and are not predicted to
increase effort or bycatch of co-occurring rebuilding species by more
than a trace amount (<0.03 mt of yelloweye rockfish). Therefore, the
Council recommended, and NMFS is implementing, by modifying Table 2,
North and South to part 660, subpart E, trip limit changes for the LEFG
fishery north of 40[deg]10' N lat., as well as Table 3, North and South
to part 660, subpart F to increase the limits as shown in Table 1
(sablefish), and Table 2 (lingcod) in this rule.
[[Page 72868]]
Recommended commercial sub-trip limits for quillback, copper, and
vermillion rockfish are intended to reduce fishing mortality off CA,
due to new information from stock assessments that indicate overfishing
in the case of quillback rockfish, precautionary status in the case of
copper rockfish, as well as expected repeated exceedance of the ACL and
OFL contribution reference points, as during 2015-2019 and 2021 for
vermillion rockfish. Therefore, the Council recommended and NMFS is
implementing, changes by modifying Table 2, South to part 660, subpart
E, as well as Table 3, South to part 660, subpart F, as shown in tables
4, 5 and 6 in this rule.
Recommended recreational sub-bag limits for quillback, copper, and
vermillion rockfish are intended to reduce fishing mortality for those
stocks off CA in 2022, due to new stock assessments for this species.
Therefore, the Council recommended and NMFS is implementing these
changes by modifying 50 CFR 660.360(c)(3)(ii)(B) the changes shown in
table 6 in this rule.
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 Dr. Sean Matson in the West Coast
Region (see FOR FURTHER INFORMATION CONTACT, above), or view at the
NMFS West Coast Groundfish website: https://www.westcoast.fisheries.noaa.gov/fisheries/groundfish/.
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 for fisheries off of Washington, Oregon, and
California to keep catch within allocations. No aspect of this action
is controversial, and changes of this nature were anticipated in the
final rule for the 2021-2022 harvest specifications and management
measures which published on December 11, 2020 (85 FR 79880).
As stated earlier, the Council recommended reduced sablefish limits
for 2022 to keep catch within harvest targets and allocations for their
respective fisheries, and within the ACL. New information became
available at the November 2021 Council meeting showing that updated
2022 catch projections using the most recent available data were much
higher than projections made during the harvest specifications process
due to a combination of changing fishery conditions, and trip limit
changes made during the 2021 fishing year.
The updated trip limits being implemented in this rule are
anticipated to provide for landings and fishing community revenue,
while maintaining harvest within scientifically informed conservation
limits, concomitant with the goals of the Magnuson Stevens Act.
The Council recommended increased lingcod landing limits to provide
additional fisher opportunity and discourage regulatory discard. New
information became available at the November 2021 Council meeting
indicating that low attainment of lingcod could be somewhat improved in
2022 by increasing landing limits, without attracting undue additional
effort, and while discouraging regulatory discard. Implementing the
recommended trip limits is projected to ameliorate this, increase
attainment rate of the allocation, and enable additional fish to be
landed rather than wasted, producing more fisher and community revenue.
Additionally, the Council recommended new sub-bag limits, and sub-
trip limits in recreational and commercial fisheries, respectively, for
three nearshore rockfish species: Quillback rockfish, copper rockfish,
and vermillion rockfish. These changes are necessary to reduce fishing
mortality of the three stocks, in order to address recent unfavorable
stock biomass as demonstrated through new stock assessments (quillback
and copper rockfish), and to reduce catch to within management
reference points (vermillion rockfish).
Delaying implementation to allow for public comment would, in the
case of lingcod, 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 in that case publish and be
implemented before the beginning of the 2022 calendar year. For
sablefish, quillback rockfish, copper rockfish, and vermillion rockfish
off of California, delaying implementation could cause conservation
issues, and unsustainable harvest at the levels established in the
past, using what is now out of date information. Therefore, providing a
comment period for this action could both significantly limit the
economic benefits to the fishery, and at the same time hamper the
adherence to scientifically informed reference points, created to
ensure sustainability of 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 were requested by
the Council's advisory bodies, as well as members of industry during
the Council's November 2021 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 2021-2022 (85 FR 79880; December 11, 2021).
List of Subjects in 50 CFR Part 660
Fisheries, Fishing, and Indian Fisheries.
Authority: 16 U.S.C. 1801 et seq., 16 U.S.C. 773 et seq., and
16 U.S.C. 7001 et seq.
Dated: December 20, 2021.
Ngagne Jafnar Gueye,
Acting Director, Office of Sustainable Fisheries, National Marine
Fisheries Service.
For the reasons set out in the preamble, 50 CFR part 660 is amended
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.
[FEDREG][VOL]*[/VOL][NO]*[/NO][DATE]*[/
DATE][RULES][RULE][PREAMB][AGENCY]*[/AGENCY][SUBJECT]*[/SUBJECT][/
PREAMB][SUPLINF][HED]*[/HED]0
2. Revise Table 2 (North) to part 660, subpart E, to read as follows:
BILLING CODE 3510-22-P
[[Page 72869]]
[GRAPHIC] [TIFF OMITTED] TR23DE21.008
0
3. Revise Table 2 (South) to part 660, subpart E, to read as follows:
[[Page 72870]]
[GRAPHIC] [TIFF OMITTED] TR23DE21.009
0
4. Revise Table 3 (North) to part 660, subpart F, to read as follows:
[[Page 72871]]
[GRAPHIC] [TIFF OMITTED] TR23DE21.010
0
5. Revise Table 3 (South) to part 660, subpart F, to read as follows:
[[Page 72872]]
[GRAPHIC] [TIFF OMITTED] TR23DE21.011
[[Page 72873]]
[GRAPHIC] [TIFF OMITTED] TR23DE21.012
0
6. In Sec. 660.360, revise paragraph (c)(3)(ii)(B) to read as follows:
Sec. 660.360 Recreational fishery--management measures.
* * * * *
(c) * * *
(3) * * *
(ii) * * *
(B) Bag limits, hook limits. In times and areas when the
recreational season for the RCG Complex is open, there is a limit of 2
hooks and 1 line when fishing for the RCG complex. The bag limit is 10
RCG Complex fish per day coastwide, with a sub-bag limit of 4 fish for
vermilion rockfish, 1 fish for quillback rockfish, and 1 fish for
copper rockfish. These sub-bag limits count towards the bag limit for
the RCG Complex and are not in addition to that limit. Retention of
yelloweye rockfish, bronzespotted rockfish, and cowcod is prohibited.
Multi-day limits are authorized by a valid permit issued by California
and must not exceed the daily limit multiplied by the value of days in
the fishing trip.
* * * * *
[FR Doc. 2021-27901 Filed 12-22-21; 8:45 am]
BILLING CODE 3510-22-C
