Magnuson-Stevens Act Provisions; Fisheries Off West Coast States; Pacific Coast Groundfish Fishery Management Plan; Amendment 30; 2023-2024 Biennial Specifications and Management Measures; Notice of Availability, 54445-54448 [2022-19158]

Download as PDF Federal Register / Vol. 87, No. 171 / Tuesday, September 6, 2022 / Proposed Rules Authority: 5 U.S.C. 301, 552, 552a, 553; 31 U.S.C. 3717; 43 U.S.C. 1460, 1461. has evaluated this proposed rule and determined that it would have no substantial effects on Federally Recognized Indian Tribes. 8. Paperwork Reduction Act This proposed rule does not require an information collection from 10 or more parties and a submission under the Paperwork Reduction Act (44 U.S.C. 3501, et seq.) is not required. 9. National Environmental Policy Act This proposed rule does not constitute a major Federal Action significantly affecting the quality for the human environment. A detailed statement under the National Environmental Policy Act of 1969 (NEPA), 42 U.S.C. 4321, et seq., is not required because the proposed rule is covered by a categorical exclusion. We have determined the proposed rule is categorically excluded under 43 CFR 46.210(i) because it is administrative, legal, and technical in nature. We also have determined the proposed rule does not involve any of the extraordinary circumstances listed in 43 CFR 46.215 that would require further analysis under NEPA. 10. Effects on Energy Supply (E.O. 13211) This proposed rule is not a significant energy action under the definition in Executive Order 13211. A Statement of Energy Effects is not required. jspears on DSK121TN23PROD with PROPOSALS 11. Clarity of This Regulation We are required by Executive Order 12866 and 12988, the Plain Writing Act of 2010 (Pub. L. 111–274), and the Presidential Memorandum of June 1, 1998, to write all proposed rules in plain language. This means each proposed rule we publish must: —Be logically organized; —Use the active voice to address readers directly; —Use clear language rather than jargon; —Be divided into short sections and sentences; and —Use lists and table wherever possible. List of Subjects in 43 CFR Part 2 Administrative practice and procedure, Confidential information, Courts, Freedom of Information Act, Privacy Act. For the reasons stated in the preamble, the Department of the Interior proposes to amend 43 CFR part 2 as follows: PART 2—FREEDOM OF INFORMATION ACT; RECORDS AND TESTIMONY 1. The authority citation for part 2 continues to read as follows: ■ VerDate Sep<11>2014 18:21 Sep 02, 2022 Jkt 256001 2. Amend § 2.254 by adding new paragraphs (b)(2), (c)(20), (d)(2), (e)(7), and add new paragraph (f) to read as follows: ■ 54445 Atmospheric Administration (NOAA), Commerce. ACTION: Notice of Availability of proposed fishery management plan amendment; request for comments. NMFS announces that the Pacific Fishery Management Council has submitted Amendment 30 to the * * * * * Pacific Coast Groundfish Fishery (b) Classified records exempt under 5 Management Plan to the Secretary of U.S.C. 552a(k)(1). Commerce for review. If approved, * * * * * Amendment 30 would specify a (2) INTERIOR/DOI–45, Personnel shortbelly rockfish catch threshold to Security Program Files. initiate Council review; extend the (c) Law enforcement records exempt length of the limited entry fixed gear under 5 U.S.C. 552a(k)(2). sablefish primary season; change the use * * * * * of Rockfish Conservation Area (20) INTERIOR/DOI–45, Personnel boundaries; expand the use of Block Security Program Files. Area Closures to control catch of (d) Records maintained in groundfish; and correct the definition of connections with providing protective Block Area Closures. Amendment 30 is service exempt under 5 U.S.C. necessary to help prevent overfishing, 552a(k)(3). rebuild overfished stocks, achieve * * * * * optimum yield, and ensure management (2) INTERIOR/DOI–45, Personnel measures are based on the best scientific Security Program Files. (e) Investigatory records exempt under information available. It is intended to promote the goals and objectives of the 5 U.S.C. 552a(k)(5). Pacific Coast Groundfish Fishery * * * * * Management Plan. (7) INTERIOR/DOI–45, Personnel DATES : Comments on Amendment 30 Security Program Files. (f) Records maintained on testing and must be received no later than November 7, 2022. examination material exempt under 5 ADDRESSES: You may submit comments U.S.C. 552a(k)(6). Pursuant to U.S.C. on this document, identified by NOAA– 552a(k)(6), the following systems of NMFS–2022–0080, by the following records have been exempted from method: paragraphs (c)(3), (d), (e)(1), (e)(4)(G), • Electronic Submission: Submit all (H) and (I), and (f) of 5 U.S.C. 552a and electronic public comments via the the provisions of the regulations in this subpart implementing these paragraphs. Federal e-Rulemaking Portal. Go to www.regulations.gov and enter NOAA– (1) INTERIOR/DOI–45, Personnel NMFS–2022–0080 in the Search box. Security Program Files. Click the ‘‘Comment’’ icon, complete * * * * * the required fields, and enter or attach Teri Barnett, your comments. Instructions: Comments must be Departmental Privacy Officer, Department of the Interior. submitted by the above method to ensure that the comments are received, [FR Doc. 2022–19078 Filed 9–2–22; 8:45 am] documented, and considered by NMFS. BILLING CODE 4334–63–P Comments sent by any other method, to any other address or individual, or received after the end of the comment DEPARTMENT OF COMMERCE period, may not be considered. All comments received are a part of the National Oceanic and Atmospheric public record and NMFS will post for Administration public viewing on www.regulations.gov without change. All personal identifying 50 CFR Part 660 information (e.g., name, address, etc.), RIN 0648–BL48 confidential business information, or otherwise sensitive information Magnuson-Stevens Act Provisions; submitted voluntarily by the sender is Fisheries Off West Coast States; publicly accessible. NMFS will accept Pacific Coast Groundfish Fishery anonymous comments (enter ‘‘N/A’’ in Management Plan; Amendment 30; 2023–2024 Biennial Specifications and the required fields if you wish to remain anonymous). Management Measures; Notice of Availability Electronic Access § 2.254 National Marine Fisheries Service (NMFS), National Oceanic and AGENCY: PO 00000 SUMMARY: Exemptions. Frm 00033 Fmt 4702 Sfmt 4702 This rule is accessible via the internet at the Office of the Federal Register E:\FR\FM\06SEP1.SGM 06SEP1 jspears on DSK121TN23PROD with PROPOSALS 54446 Federal Register / Vol. 87, No. 171 / Tuesday, September 6, 2022 / Proposed Rules website at https:// www.federalregister.gov/. Background information and documents including an analysis for this action (Analysis), which addresses the statutory requirements of the Magnuson Stevens Fishery Conservation and Management Act (Magnuson-Stevens Act) are available from the Pacific Fishery Management Council’s website at https:// www.pcouncil.org. The draft Environmental Assessment (EA) which addresses the National Environmental Policy Act, Presidential Executive Order 12866, and the Regulatory Flexibility Act, is accessible via the internet at the NMFS West Coast Region website at https://www.fisheries.noaa.gov/region/ west-coast. The final 2022 Stock Assessment and Fishery Evaluation (SAFE) report for Pacific Coast groundfish, as well as the SAFE reports for previous years, are available from the Pacific Fishery Management Council’s (Council’s) website at https:// www.pcouncil.org. FOR FURTHER INFORMATION CONTACT: Brian Hooper, Fishery Management Specialist, at 206–526–6117 or brian.hooper@noaa.gov. SUPPLEMENTARY INFORMATION: NMFS manages the groundfish fisheries in the exclusive economic zone (EEZ) seaward of Washington, Oregon, and California under the Pacific Coast Groundfish fishery management plan (PCGFMP). The Council prepared and NMFS implemented the PCGFMP under the authority of the Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-Stevens Act), 16 U.S.C. 1801 et seq. and by regulations at 50 CFR parts 600 and 660. The MagnusonStevens Act requires that each regional fishery management council submit any fishery management plan (FMP) or plan amendment it prepares to NMFS for review and approval, disapproval, or partial approval by the Secretary of Commerce. The Magnuson-Stevens Act also requires that NMFS, upon receiving an FMP or amendment, immediately publish a notice that the FMP or amendment is available for public review and comment. This notice announces that the proposed Amendment 30 to the FMP is available for public review and comment. NMFS will consider the public comments received during the comment period described above in determining whether to approve, partially approve, or disapprove Amendment 30 to the FMP. Amendment 30 would make five changes to the PCGFMP. Amendment 30 would (1) specify a shortbelly rockfish catch threshold to initiate Council review; (2) extend the length of the VerDate Sep<11>2014 18:21 Sep 02, 2022 Jkt 256001 limited entry fixed gear (LEFG) sablefish primary season; (3) change the use of Rockfish Conservation Area (RCA) boundaries; (4) expand the use of Block Area Closures (BACs) to control catch of groundfish; and (5) correct the definition BACs. Shortbelly Rockfish Catch Threshold To Initiate Council Review Shortbelly rockfish is one of the most abundant rockfish species in the California Current Ecosystem and is a key forage species for many fish, birds, and marine mammals. The Council recommended and NMFS approved the designation of shortbelly rockfish as an ecosystem component (EC) species through Amendment 29 to the PCGFMP, as part of the 2021–2022 groundfish management measure process (85 FR 79880, December 11, 2020). The Notice of Availability for Amendment 29 (85 FR 54529, September 2, 2020) provides additional background on shortbelly rockfish. The Council monitors and tracks shortbelly rockfish mortality inseason. Shortbelly rockfish are not, and have not historically been, a directed target of commercial or recreational fisheries. Due to their small size, shortbelly rockfish are not currently marketable. However, concerns over the potential future development of a directed fishery prompted the Council to note during the 2021–2022 groundfish management measure process that it would consider taking action if mortality of shortbelly rockfish in the fishery exceeds, or is projected to exceed, 2,000 metric tons (mt) in a calendar year. This guidance was not formalized in the PCGFMP as part of Amendment 29. Therefore, Amendment 30 would amend the PCGFMP to add language stating that if shortbelly rockfish mortalities exceed, or are projected to exceed 2,000 mt in a calendar year, the Council would review relevant fishery information and consider if management changes were warranted, including, but not limited to reconsideration of its current classification as an EC species. Relevant information could include but would not be limited to, survey abundance trends and other stock status information, changes in fishing behavior, and changes in the market interest for shortbelly rockfish. In response to the review of the information, the Council would consider voluntary measures taken by the fishing industry to reduce bycatch, and consider other management measures including, but not limited to, area closures, gear prohibitions, bycatch limits and seasonal restrictions as PO 00000 Frm 00034 Fmt 4702 Sfmt 4702 deemed necessary to reduce shortbelly rockfish mortality. NMFS notes that routine management measures as laid out in 50 CFR 660.60(c) are not currently available for shortbelly rockfish management because shortbelly rockfish is an EC species. Shortbelly rockfish would need to be redesignated as ‘‘in the fishery’’ prior to routine management measures being available for inseason use. However, the Council could recommend, consistent with the points of concern framework (PCGFMP Section 6.2.2), management measures to minimize bycatch or bycatch mortality of EC species as laid out in 50 CFR 600.305(c)(5). Depending on the issue triggering the need for management measures, this pathway might require revisiting the EC designation. LEFG Sablefish Primary Season Extension Amendment 30 would permanently extend the LEFG primary sablefish tier fishery (hereinafter referred to as primary fishery) season end date from October 31 to December 31. The primary fishery would close on December 31, or close for an individual vessel owner when the tier limit for the sablefish endorsed permit(s) registered to the vessel has been reached, whichever is earlier. The primary sablefish fishery tier program is a limited access privilege program set up under Amendment 14 to PCGFMP (66 FR 41152, August 7, 2001). Participants hold limited entry permits with a pot gear and/or longline gear endorsement and a sablefish endorsement. Under Amendment 14, as set out in 50 CFR 660.231, the permit holder of a sablefish-endorsed permit receives a tier limit, which is an annual share of the sablefish catch allocation to this sector. NMFS sets three different tier limits through the biennial harvest specifications and management measures process; and up to three permits may be stacked at one time on a vessel participating in the fishery. Stacked tier limits are combined to provide a cumulative catch limit for that vessel. After vessels have caught their full tier limits, they are allowed to move into other fisheries for sablefish, specifically the limited entry or open access trip limit fishery, or fisheries for other species. Under Amendment 14, the sablefish primary season has historically been open from April 1 through October 31 of each year, though individual permit holders may only fish up to their tier limits so may be required to cease fishing prior to October 31. These season dates were put into regulation E:\FR\FM\06SEP1.SGM 06SEP1 Federal Register / Vol. 87, No. 171 / Tuesday, September 6, 2022 / Proposed Rules jspears on DSK121TN23PROD with PROPOSALS during the development and implementation of the fishery under Amendment 14. Prior to the implementation of Amendment 14, the sablefish fishery had operated as a ‘derby’ style fishery, with a season length lasting a few weeks to a few days. Under Amendment 14, the fishery began operating under a seven-month season. The seven-month season structure, as opposed to a year-long season, was intended to allow for timely catch accounting so that the sector allocation was not exceeded. As of 2017, commercial vessels landing sablefish are required to submit e-tickets within 24 hours of offload, ‘‘to improve timeliness and accuracy of sablefish catch reporting in the limited entry fixed gear fisheries and open access fisheries’’ (§ 660.213). Given the increase in speed of modern catch accounting, the original reason for the seven-month season is no longer applicable. In response to industry requests and Council recommendation, NMFS issued emergency rules in 2020 and 2021 (85 FR 68001, October 27, 2020; 86 FR 59873, October 29, 2021) to temporarily extend the sablefish primary fishery from October 31 to December 31. These emergency actions were intended to mitigate COVID–19 pandemic related disruptions in the fishery by allowing participants more time to harvest their full tier limits. The Analysis discusses that the primary fishery has experienced lower than average attainment since 2019 amidst higher than average sablefish allocations. Even with the season extension in 2020 and 2021, attainment was only 80 and 74 percent of the sector allocation, respectively. A season extension could provide opportunity and flexibility for vessels to fish their full tier limits and maximize economic benefits. Novel Utilization of Existing Rockfish Conservation Area Boundary Lines The Council recommended a novel utilization of the previously established RCA boundary lines for the California recreational fishery (§ 660.360(c)(3)). Recreational RCA boundary lines are a set of connecting waypoints which approximate a depth contour (§ 660.71 through § 660.73). These lines have historically been used to allow fishing shoreward of a specific RCA boundary line and prohibit fishing seaward of that line. Amendment 30 would modify the PCGFMP to also allow fishing seaward of a specified RCA boundary line and prohibit fishing shoreward of that line. For example, fishing could be prohibited in Federal waters shoreward of the 30, 40, 50, 60, 75, 100, or 125, VerDate Sep<11>2014 18:21 Sep 02, 2022 Jkt 256001 fathom line. Amendment 30 would modify the PCGFMP to allow RCAs to be used to control catch of groundfish species. This would provide logistical flexibility for the management of overfished species like yelloweye rockfish (current RCA utilization) and non-overfished species that include species of concern such as quillback rockfish, copper rockfish, or cowcod (novel RCA utilization). This new management measure, if approved, may be used during the regular season setting process through the biennial specifications and management measures or as an inseason action to achieve harvest specifications. This proposed measure is intended to be a tool to reduce mortality for nearshore rockfish species of concern (such as quillback rockfish, copper rockfish, or cowcod) or rebuilding yelloweye rockfish by shifting fishing effort away from the habitats and depths where those stocks are most commonly encountered, and onto shelf and slope waters to target other, healthier groundfish stocks. This measure would provide more flexibility in managing groundfish fisheries in California and is designed to be combined with other season structure options and bag limit options to create a suite of management measures which take steps to achieve harvest specifications and minimize negative impacts to California fisheries and coastal communities. The effectiveness of this proposed management tool would be limited based on the prevalence of each species in state waters as compared to in the EEZ. The majority of fishery effort for copper and quillback rockfish off California is in state waters, therefore, the overall effectiveness of this management measure may be constrained. The Analysis discusses uncertainty with model projections when RCA boundary lines are utilized in this novel way, especially for species with a deeper depth distribution, like cowcod and yelloweye rockfish. The California Department of Fish and Wildlife’s weekly and monthly tracking processes have been an effective and reliable tool to closely monitor recreational inseason mortality and provide timely and accurate information to apply inseason adjustments, such as changes to depth limits, season length, or bag limits, to fisheries. This proposed measure is intended to limit the negative socioeconomic impacts that could otherwise occur as a result of the need to reduce mortality for quillback and copper rockfishes, and stay within harvest guidelines for yelloweye rockfish and cowcod. The PO 00000 Frm 00035 Fmt 4702 Sfmt 4702 54447 Analysis discusses the impact of this measure on the recreational boat-based groundfish fisheries in California. Block Area Closures for Groundfish Mitigation Amendment 30 would modify the PCGFMP to make BACs available as a routine management measure to control catch of groundfish by midwater trawl and bottom trawl vessels. BACs could be implemented in the EEZ off Washington, Oregon, and California. BACs could be implemented within tribal Usual and Accustomed (U&A) fishing areas but would only apply to non-tribal vessels. This proposed rule would prohibit midwater trawl and/or bottom trawl fishing within the BAC boundaries. BACs are size variable spatial closures bounded by latitude lines, defined at 50 CFR 660.11, and depth contour approximations defined at 50 CFR 660.71 through 660.74 (10 fm (18 m) through 250 fm (457 m)), and § 660.76 (700 fm (1280 m)). Amendment 28 to the PCGFMP (84 FR 63966, November 19, 2019) first established BACs as a management tool. The salmon bycatch minimization measures action (86 FR 10857, February 23, 2021) established BACs as a tool to minimize salmon bycatch. This proposed measure would align the outermost available depth boundaries (i.e., 700 fathoms) across all midwater and bottom trawl BACs used to control groundfish catch. The BAC tool would allow the Council to recommend and NMFS to implement size variable area closures as a routine management measure to address specific areas of high catch or bycatch of one or more specific groundfish species rather than large fixed closure areas (e.g., Bycatch Reduction Area or BRA). BACs would allow for the trawl fishery to remain open in areas outside of the BACs. This measure is needed because fishery managers do not currently have appropriate scaled spatial tools to mitigate trawl-based groundfish catches, while also minimizing economic impacts to the fishing industry. BACs could be an important tool to manage a species like Pacific spiny dogfish, which exhibit spatial and seasonal aggregations, that may be limiting based on recent stock assessment outlook. During development of this measure the Council noted BACs should be considered a last-resort measure behind industry implemented avoidance measures. The Council also noted BAC were not intended to be used for habitat protection because of their flexible nature. E:\FR\FM\06SEP1.SGM 06SEP1 54448 Federal Register / Vol. 87, No. 171 / Tuesday, September 6, 2022 / Proposed Rules Correction to the Definition of Block Area Closures jspears on DSK121TN23PROD with PROPOSALS Amendment 30 would modify the PCGFMP to correct a mismatch between the PCGFMP and current regulations regarding the definition of BACs. The salmon bycatch minimization measures action (86 FR 10857, February 23, 2021) established BACs as a tool to minimize salmon bycatch. BACs are described in multiple regulation sections (e.g., 50 CFR 660.11 Conservation area(s); § 660.111 Block area closures; § 660.60(c)(3)(i)). The regulations articulate the Council’s intent to manage incidental salmon bycatch by vessels using groundfish midwater trawl gear in the EEZ off of Washington, Oregon, and California with Block Area Closures (BACs). However, inadvertently, the FMP was not updated to be consistent with regulations. To avoid potential future implementation delays, updates would be made to the PCGFMP that are consistent with Council intent described VerDate Sep<11>2014 18:21 Sep 02, 2022 Jkt 256001 in the salmon bycatch mitigation rulemaking document (86 FR 10857, February 23. 2021). The PCGFMP would be revised to include language that BACs are available in the EEZ seaward of Washington, Oregon and California state waters for vessels using limited entry bottom trawl gear and in the EEZ seaward of Washington, Oregon and California state waters for vessels using midwater trawl gear. NMFS welcomes comments on the proposed FMP amendment through the end of the comment period stated in this notice of availability. A proposed rule to implement Amendment 30 and the 2023–2024 groundfish biennial harvest specifications and management measures has been submitted for Secretarial review and approval. NMFS expects to publish and request public review and comment on proposed regulations to implement Amendment 30 in the near future. For public comments on the proposed rule to be considered in the approval or PO 00000 Frm 00036 Fmt 4702 Sfmt 9990 disapproval decision on Amendment 30, those comments must be received by the end of the comment period on the amendment. All comments received by the end of the comment period for the amendment, whether specifically directed to the amendment or the proposed rule, will be considered in the approval/disapproval decision. Comments received after that date will not be considered in the approval/ disapproval decision of the FMP amendment. To be considered, comments must be received by close of business on the last day of the comment period; that does not mean postmarked or otherwise transmitted by that date. Authority: 16 U.S.C. 1801 et seq. Dated: August 31, 2022. Jennifer M. Wallace, Acting Director, Office of Sustainable Fisheries, National Marine Fisheries Service. [FR Doc. 2022–19158 Filed 9–2–22; 8:45 am] BILLING CODE 3510–22–P E:\FR\FM\06SEP1.SGM 06SEP1

Agencies

[Federal Register Volume 87, Number 171 (Tuesday, September 6, 2022)]
[Proposed Rules]
[Pages 54445-54448]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-19158]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 660

RIN 0648-BL48


Magnuson-Stevens Act Provisions; Fisheries Off West Coast States; 
Pacific Coast Groundfish Fishery Management Plan; Amendment 30; 2023-
2024 Biennial Specifications and Management Measures; Notice of 
Availability

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and 
Atmospheric Administration (NOAA), Commerce.

ACTION: Notice of Availability of proposed fishery management plan 
amendment; request for comments.

-----------------------------------------------------------------------

SUMMARY: NMFS announces that the Pacific Fishery Management Council has 
submitted Amendment 30 to the Pacific Coast Groundfish Fishery 
Management Plan to the Secretary of Commerce for review. If approved, 
Amendment 30 would specify a shortbelly rockfish catch threshold to 
initiate Council review; extend the length of the limited entry fixed 
gear sablefish primary season; change the use of Rockfish Conservation 
Area boundaries; expand the use of Block Area Closures to control catch 
of groundfish; and correct the definition of Block Area Closures. 
Amendment 30 is necessary to help prevent overfishing, rebuild 
overfished stocks, achieve optimum yield, and ensure management 
measures are based on the best scientific information available. It is 
intended to promote the goals and objectives of the Pacific Coast 
Groundfish Fishery Management Plan.

DATES: Comments on Amendment 30 must be received no later than November 
7, 2022.

ADDRESSES: You may submit comments on this document, identified by 
NOAA-NMFS-2022-0080, by the following method:
     Electronic Submission: Submit all electronic public 
comments via the Federal e-Rulemaking Portal. Go to www.regulations.gov 
and enter NOAA-NMFS-2022-0080 in the Search box. Click the ``Comment'' 
icon, complete the required fields, and enter or attach your comments.
    Instructions: Comments must be submitted by the above method to 
ensure that the comments are received, documented, and considered by 
NMFS. Comments sent by any other method, to any other address or 
individual, or received after the end of the comment period, may not be 
considered. All comments received are a part of the public record and 
NMFS will post for public viewing on www.regulations.gov without 
change. All personal identifying information (e.g., name, address, 
etc.), confidential business information, or otherwise sensitive 
information submitted voluntarily by the sender is publicly accessible. 
NMFS will accept anonymous comments (enter ``N/A'' in the required 
fields if you wish to remain anonymous).

Electronic Access

    This rule is accessible via the internet at the Office of the 
Federal Register

[[Page 54446]]

website at https://www.federalregister.gov/. Background information and 
documents including an analysis for this action (Analysis), which 
addresses the statutory requirements of the Magnuson Stevens Fishery 
Conservation and Management Act (Magnuson-Stevens Act) are available 
from the Pacific Fishery Management Council's website at https://www.pcouncil.org. The draft Environmental Assessment (EA) which 
addresses the National Environmental Policy Act, Presidential Executive 
Order 12866, and the Regulatory Flexibility Act, is accessible via the 
internet at the NMFS West Coast Region website at https://www.fisheries.noaa.gov/region/west-coast. The final 2022 Stock 
Assessment and Fishery Evaluation (SAFE) report for Pacific Coast 
groundfish, as well as the SAFE reports for previous years, are 
available from the Pacific Fishery Management Council's (Council's) 
website at https://www.pcouncil.org.

FOR FURTHER INFORMATION CONTACT: Brian Hooper, Fishery Management 
Specialist, at 206-526-6117 or [email protected].

SUPPLEMENTARY INFORMATION: NMFS manages the groundfish fisheries in the 
exclusive economic zone (EEZ) seaward of Washington, Oregon, and 
California under the Pacific Coast Groundfish fishery management plan 
(PCGFMP). The Council prepared and NMFS implemented the PCGFMP under 
the authority of the Magnuson-Stevens Fishery Conservation and 
Management Act (Magnuson-Stevens Act), 16 U.S.C. 1801 et seq. and by 
regulations at 50 CFR parts 600 and 660. The Magnuson-Stevens Act 
requires that each regional fishery management council submit any 
fishery management plan (FMP) or plan amendment it prepares to NMFS for 
review and approval, disapproval, or partial approval by the Secretary 
of Commerce. The Magnuson-Stevens Act also requires that NMFS, upon 
receiving an FMP or amendment, immediately publish a notice that the 
FMP or amendment is available for public review and comment. This 
notice announces that the proposed Amendment 30 to the FMP is available 
for public review and comment. NMFS will consider the public comments 
received during the comment period described above in determining 
whether to approve, partially approve, or disapprove Amendment 30 to 
the FMP.
    Amendment 30 would make five changes to the PCGFMP. Amendment 30 
would (1) specify a shortbelly rockfish catch threshold to initiate 
Council review; (2) extend the length of the limited entry fixed gear 
(LEFG) sablefish primary season; (3) change the use of Rockfish 
Conservation Area (RCA) boundaries; (4) expand the use of Block Area 
Closures (BACs) to control catch of groundfish; and (5) correct the 
definition BACs.

Shortbelly Rockfish Catch Threshold To Initiate Council Review

    Shortbelly rockfish is one of the most abundant rockfish species in 
the California Current Ecosystem and is a key forage species for many 
fish, birds, and marine mammals. The Council recommended and NMFS 
approved the designation of shortbelly rockfish as an ecosystem 
component (EC) species through Amendment 29 to the PCGFMP, as part of 
the 2021-2022 groundfish management measure process (85 FR 79880, 
December 11, 2020). The Notice of Availability for Amendment 29 (85 FR 
54529, September 2, 2020) provides additional background on shortbelly 
rockfish. The Council monitors and tracks shortbelly rockfish mortality 
inseason. Shortbelly rockfish are not, and have not historically been, 
a directed target of commercial or recreational fisheries. Due to their 
small size, shortbelly rockfish are not currently marketable. However, 
concerns over the potential future development of a directed fishery 
prompted the Council to note during the 2021-2022 groundfish management 
measure process that it would consider taking action if mortality of 
shortbelly rockfish in the fishery exceeds, or is projected to exceed, 
2,000 metric tons (mt) in a calendar year. This guidance was not 
formalized in the PCGFMP as part of Amendment 29. Therefore, Amendment 
30 would amend the PCGFMP to add language stating that if shortbelly 
rockfish mortalities exceed, or are projected to exceed 2,000 mt in a 
calendar year, the Council would review relevant fishery information 
and consider if management changes were warranted, including, but not 
limited to reconsideration of its current classification as an EC 
species. Relevant information could include but would not be limited 
to, survey abundance trends and other stock status information, changes 
in fishing behavior, and changes in the market interest for shortbelly 
rockfish. In response to the review of the information, the Council 
would consider voluntary measures taken by the fishing industry to 
reduce bycatch, and consider other management measures including, but 
not limited to, area closures, gear prohibitions, bycatch limits and 
seasonal restrictions as deemed necessary to reduce shortbelly rockfish 
mortality.
    NMFS notes that routine management measures as laid out in 50 CFR 
660.60(c) are not currently available for shortbelly rockfish 
management because shortbelly rockfish is an EC species. Shortbelly 
rockfish would need to be redesignated as ``in the fishery'' prior to 
routine management measures being available for inseason use. However, 
the Council could recommend, consistent with the points of concern 
framework (PCGFMP Section 6.2.2), management measures to minimize 
bycatch or bycatch mortality of EC species as laid out in 50 CFR 
600.305(c)(5). Depending on the issue triggering the need for 
management measures, this pathway might require revisiting the EC 
designation.

LEFG Sablefish Primary Season Extension

    Amendment 30 would permanently extend the LEFG primary sablefish 
tier fishery (hereinafter referred to as primary fishery) season end 
date from October 31 to December 31. The primary fishery would close on 
December 31, or close for an individual vessel owner when the tier 
limit for the sablefish endorsed permit(s) registered to the vessel has 
been reached, whichever is earlier.
    The primary sablefish fishery tier program is a limited access 
privilege program set up under Amendment 14 to PCGFMP (66 FR 41152, 
August 7, 2001). Participants hold limited entry permits with a pot 
gear and/or longline gear endorsement and a sablefish endorsement.
    Under Amendment 14, as set out in 50 CFR 660.231, the permit holder 
of a sablefish-endorsed permit receives a tier limit, which is an 
annual share of the sablefish catch allocation to this sector. NMFS 
sets three different tier limits through the biennial harvest 
specifications and management measures process; and up to three permits 
may be stacked at one time on a vessel participating in the fishery. 
Stacked tier limits are combined to provide a cumulative catch limit 
for that vessel. After vessels have caught their full tier limits, they 
are allowed to move into other fisheries for sablefish, specifically 
the limited entry or open access trip limit fishery, or fisheries for 
other species.
    Under Amendment 14, the sablefish primary season has historically 
been open from April 1 through October 31 of each year, though 
individual permit holders may only fish up to their tier limits so may 
be required to cease fishing prior to October 31. These season dates 
were put into regulation

[[Page 54447]]

during the development and implementation of the fishery under 
Amendment 14. Prior to the implementation of Amendment 14, the 
sablefish fishery had operated as a `derby' style fishery, with a 
season length lasting a few weeks to a few days. Under Amendment 14, 
the fishery began operating under a seven-month season. The seven-month 
season structure, as opposed to a year-long season, was intended to 
allow for timely catch accounting so that the sector allocation was not 
exceeded. As of 2017, commercial vessels landing sablefish are required 
to submit e-tickets within 24 hours of offload, ``to improve timeliness 
and accuracy of sablefish catch reporting in the limited entry fixed 
gear fisheries and open access fisheries'' (Sec.  660.213). Given the 
increase in speed of modern catch accounting, the original reason for 
the seven-month season is no longer applicable.
    In response to industry requests and Council recommendation, NMFS 
issued emergency rules in 2020 and 2021 (85 FR 68001, October 27, 2020; 
86 FR 59873, October 29, 2021) to temporarily extend the sablefish 
primary fishery from October 31 to December 31. These emergency actions 
were intended to mitigate COVID-19 pandemic related disruptions in the 
fishery by allowing participants more time to harvest their full tier 
limits.
    The Analysis discusses that the primary fishery has experienced 
lower than average attainment since 2019 amidst higher than average 
sablefish allocations. Even with the season extension in 2020 and 2021, 
attainment was only 80 and 74 percent of the sector allocation, 
respectively. A season extension could provide opportunity and 
flexibility for vessels to fish their full tier limits and maximize 
economic benefits.

Novel Utilization of Existing Rockfish Conservation Area Boundary Lines

    The Council recommended a novel utilization of the previously 
established RCA boundary lines for the California recreational fishery 
(Sec.  660.360(c)(3)). Recreational RCA boundary lines are a set of 
connecting waypoints which approximate a depth contour (Sec.  660.71 
through Sec.  660.73). These lines have historically been used to allow 
fishing shoreward of a specific RCA boundary line and prohibit fishing 
seaward of that line. Amendment 30 would modify the PCGFMP to also 
allow fishing seaward of a specified RCA boundary line and prohibit 
fishing shoreward of that line. For example, fishing could be 
prohibited in Federal waters shoreward of the 30, 40, 50, 60, 75, 100, 
or 125, fathom line. Amendment 30 would modify the PCGFMP to allow RCAs 
to be used to control catch of groundfish species. This would provide 
logistical flexibility for the management of overfished species like 
yelloweye rockfish (current RCA utilization) and non-overfished species 
that include species of concern such as quillback rockfish, copper 
rockfish, or cowcod (novel RCA utilization). This new management 
measure, if approved, may be used during the regular season setting 
process through the biennial specifications and management measures or 
as an inseason action to achieve harvest specifications.
    This proposed measure is intended to be a tool to reduce mortality 
for nearshore rockfish species of concern (such as quillback rockfish, 
copper rockfish, or cowcod) or rebuilding yelloweye rockfish by 
shifting fishing effort away from the habitats and depths where those 
stocks are most commonly encountered, and onto shelf and slope waters 
to target other, healthier groundfish stocks. This measure would 
provide more flexibility in managing groundfish fisheries in California 
and is designed to be combined with other season structure options and 
bag limit options to create a suite of management measures which take 
steps to achieve harvest specifications and minimize negative impacts 
to California fisheries and coastal communities. The effectiveness of 
this proposed management tool would be limited based on the prevalence 
of each species in state waters as compared to in the EEZ. The majority 
of fishery effort for copper and quillback rockfish off California is 
in state waters, therefore, the overall effectiveness of this 
management measure may be constrained.
    The Analysis discusses uncertainty with model projections when RCA 
boundary lines are utilized in this novel way, especially for species 
with a deeper depth distribution, like cowcod and yelloweye rockfish. 
The California Department of Fish and Wildlife's weekly and monthly 
tracking processes have been an effective and reliable tool to closely 
monitor recreational inseason mortality and provide timely and accurate 
information to apply inseason adjustments, such as changes to depth 
limits, season length, or bag limits, to fisheries.
    This proposed measure is intended to limit the negative 
socioeconomic impacts that could otherwise occur as a result of the 
need to reduce mortality for quillback and copper rockfishes, and stay 
within harvest guidelines for yelloweye rockfish and cowcod. The 
Analysis discusses the impact of this measure on the recreational boat-
based groundfish fisheries in California.

Block Area Closures for Groundfish Mitigation

    Amendment 30 would modify the PCGFMP to make BACs available as a 
routine management measure to control catch of groundfish by midwater 
trawl and bottom trawl vessels. BACs could be implemented in the EEZ 
off Washington, Oregon, and California. BACs could be implemented 
within tribal Usual and Accustomed (U&A) fishing areas but would only 
apply to non-tribal vessels. This proposed rule would prohibit midwater 
trawl and/or bottom trawl fishing within the BAC boundaries.
    BACs are size variable spatial closures bounded by latitude lines, 
defined at 50 CFR 660.11, and depth contour approximations defined at 
50 CFR 660.71 through 660.74 (10 fm (18 m) through 250 fm (457 m)), and 
Sec.  660.76 (700 fm (1280 m)). Amendment 28 to the PCGFMP (84 FR 
63966, November 19, 2019) first established BACs as a management tool. 
The salmon bycatch minimization measures action (86 FR 10857, February 
23, 2021) established BACs as a tool to minimize salmon bycatch. This 
proposed measure would align the outermost available depth boundaries 
(i.e., 700 fathoms) across all midwater and bottom trawl BACs used to 
control groundfish catch.
    The BAC tool would allow the Council to recommend and NMFS to 
implement size variable area closures as a routine management measure 
to address specific areas of high catch or bycatch of one or more 
specific groundfish species rather than large fixed closure areas 
(e.g., Bycatch Reduction Area or BRA). BACs would allow for the trawl 
fishery to remain open in areas outside of the BACs.
    This measure is needed because fishery managers do not currently 
have appropriate scaled spatial tools to mitigate trawl-based 
groundfish catches, while also minimizing economic impacts to the 
fishing industry. BACs could be an important tool to manage a species 
like Pacific spiny dogfish, which exhibit spatial and seasonal 
aggregations, that may be limiting based on recent stock assessment 
outlook.
    During development of this measure the Council noted BACs should be 
considered a last-resort measure behind industry implemented avoidance 
measures. The Council also noted BAC were not intended to be used for 
habitat protection because of their flexible nature.

[[Page 54448]]

Correction to the Definition of Block Area Closures

    Amendment 30 would modify the PCGFMP to correct a mismatch between 
the PCGFMP and current regulations regarding the definition of BACs. 
The salmon bycatch minimization measures action (86 FR 10857, February 
23, 2021) established BACs as a tool to minimize salmon bycatch. BACs 
are described in multiple regulation sections (e.g., 50 CFR 660.11 
Conservation area(s); Sec.  660.111 Block area closures; Sec.  
660.60(c)(3)(i)). The regulations articulate the Council's intent to 
manage incidental salmon bycatch by vessels using groundfish midwater 
trawl gear in the EEZ off of Washington, Oregon, and California with 
Block Area Closures (BACs). However, inadvertently, the FMP was not 
updated to be consistent with regulations. To avoid potential future 
implementation delays, updates would be made to the PCGFMP that are 
consistent with Council intent described in the salmon bycatch 
mitigation rulemaking document (86 FR 10857, February 23. 2021). The 
PCGFMP would be revised to include language that BACs are available in 
the EEZ seaward of Washington, Oregon and California state waters for 
vessels using limited entry bottom trawl gear and in the EEZ seaward of 
Washington, Oregon and California state waters for vessels using 
midwater trawl gear.
    NMFS welcomes comments on the proposed FMP amendment through the 
end of the comment period stated in this notice of availability. A 
proposed rule to implement Amendment 30 and the 2023-2024 groundfish 
biennial harvest specifications and management measures has been 
submitted for Secretarial review and approval. NMFS expects to publish 
and request public review and comment on proposed regulations to 
implement Amendment 30 in the near future. For public comments on the 
proposed rule to be considered in the approval or disapproval decision 
on Amendment 30, those comments must be received by the end of the 
comment period on the amendment. All comments received by the end of 
the comment period for the amendment, whether specifically directed to 
the amendment or the proposed rule, will be considered in the approval/
disapproval decision. Comments received after that date will not be 
considered in the approval/disapproval decision of the FMP amendment. 
To be considered, comments must be received by close of business on the 
last day of the comment period; that does not mean postmarked or 
otherwise transmitted by that date.

    Authority: 16 U.S.C. 1801 et seq.

    Dated: August 31, 2022.
Jennifer M. Wallace,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2022-19158 Filed 9-2-22; 8:45 am]
BILLING CODE 3510-22-P

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