Magnuson-Stevens Act Provisions; Fisheries off West Coast States; Pacific Coast Groundfish Fishery; 2021-2022 Biennial Specifications and Management Measures; Inseason Adjustments, 59716-59724 [2022-21409]
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Federal Register / Vol. 87, No. 190 / Monday, October 3, 2022 / Rules and Regulations
and non-ESA-listed seabirds, and fish
species longer than 6 ft (1.8 m) in
length) may be discarded. For any ESAlisted seabirds that are brought on
board, vessel operators must follow any
relevant instructions for handling and
disposition under § 660.21(c)(1)(v).
(iii) Crabs, starfish, coral, sponges,
and other invertebrates may be
discarded.
(iv) Trash, mud, rocks, and other
inorganic debris may be discarded.
(v) A discard that is the result of an
event that is beyond the control of the
vessel operator or crew, such as a safety
issue or mechanical failure, is
permitted.
(4) Optimized retention bottom trawl
and non-whiting midwater trawl trips.
On a declared optimized retention trip
using bottom trawl gear, or midwater
trawl gear in which Pacific whiting
constitutes less than 50 percent of the
catch by weight at landing, the vessel
owner and operator are responsible for
the following:
(i) The vessel must retain IFQ species
(as defined at § 660.140(c)), except for
Arrowtooth flounder, English sole,
Dover sole, deep sea sole, Pacific
sanddab, Pacific whiting, lingcod and
starry flounder; must retain salmon and
eulachon; and must retain the following
non-IFQ species: greenland turbot;
slender sole; hybrid sole; c-o sole;
bigmouth sole; fantail sole; hornyhead
turbot; spotted turbot; California
halibut; northern rockfish; black
rockfish; blue rockfish; shortbelly
rockfish; olive rockfish; Puget Sound
rockfish; semaphore rockfish; walleye
pollock; slender codling; Pacific tom
cod; with exceptions listed in
paragraphs (p)(4)(i)(A) and (B) of this
section.
(A) Mutilated and depredated fish
may be discarded.
(B) A discard that is the result of an
event that is beyond the control of the
vessel operator or crew, such as a safety
issue or mechanical failure, is
permitted.
(ii) The vessel must discard Pacific
halibut, green sturgeon, California
halibut (except as allowed by state
regulations), and nearshore groundfish
species below state commercial
minimum size limits, following
instructions in the NMFS-accepted
VMP.
(iii) Incidentally caught marine
mammals, non-ESA-listed seabirds, sea
turtles, other ESA-listed fish, and
Dungeness crab caught seaward of
Washington or Oregon or south of Point
Reyes, California, as described at
§ 660.11 Prohibited species, must be
discarded following instructions in the
NMFS-accepted VMP per paragraph
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(e)(3)(iii) of this section. For any ESAlisted seabirds that are brought on
board, vessel operators must follow any
relevant instructions for handling and
disposition under § 660.21(c)(1)(v).
(iv) Crabs, starfish, coral, sponges, and
other invertebrates may be discarded.
(v) Trash, mud, rocks, and other
inorganic debris may be discarded.
(vi) All discards must be discarded
following instructions in the VMP per
paragraph (e)(3)(iii) of this section. All
discards, regardless of the source, must
be reported in a discard logbook, as
defined at § 660.604(s)(1), including the
species (where possible), estimated
weight, and reason for discard. The
vessel operator is responsible for
ensuring that all catch is handled in a
manner that enables the EM system to
record it.
(q) Changes to retention requirements.
NMFS may specify alternate retention
requirements in a NMFS-accepted VMP
through the process described in
paragraph (f) of this section, after
consultation with the Council and
issuance of a public notice notifying the
public of the changes. Alternate
retention requirements must be
sufficient to provide NMFS with the
best available information to determine
individual accountability for catch,
including discards, of IFQ species and
compliance with requirements of the
Shorebased IFQ Program (§ 660.140) and
MS Coop Program (§ 660.150).
*
*
*
*
*
(s) * * *
(2) Submission of logbooks. Vessel
operators must submit copies of the
discard logbooks as described at
§ 660.604(s)(1) and if applicable, the
trawl logbook as described at § 660.13
(a)(1), to the vessel owner’s contracted
EM service provider and to NMFS or its
agent within 24 hours of the end of each
EM trip.
(3) * * *
(i) Shorebased IFQ vessels. EM data
from an EM trip must be submitted
within 72 hours after the beginning of
the offload (and no more than 10 days
after the end of the first trip on the hard
drive).
(ii) Mothership catcher vessels. EM
data from an EM trip must be submitted
within 72 hours of the catcher vessel’s
return to port.
*
*
*
*
*
[FR Doc. 2022–21322 Filed 9–30–22; 8:45 am]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 660
[Docket No. 201204–0325]
RIN 0648–BL85
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
groundfish fisheries. This action is
intended to allow commercial fishing
vessels to access more abundant
groundfish stocks while protecting
overfished and depleted stocks.
DATES: This final rule is effective
October 3, 2022.
FOR FURTHER INFORMATION CONTACT:
Keeley Kent, phone: 206–247–8252 or
email: keeley.kent@noaa.gov.
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:
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
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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 September 2022 meeting, the
Council recommended modifying trip
limits for limited entry (LE) and open
access (OA) sablefish north of 36° N.
latitude, modifying trip limits for LE
and OA canary rockfish north and south
of 40°10′ N. latitude, and modifying trip
limits for LE and OA lingcod north of
42° N. latitude. 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 2019
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 becomes available,
adjustments to management measures
are projected so as to help harvesters
achieve but not exceed the harvest
limits.
Sablefish
Sablefish is an important commercial
species on the west coast with vessels
targeting sablefish with both trawl and
fixed gear (longlines and pots/traps).
Sablefish is managed with an ACL for
north of 36° N. lat. and an ACL for south
of 36° N. lat.. The 2022 ACLs for the
north and south are 6,172 mt and 2,203
mt, respectively.
At the September 2022 Council
meeting, the Council’s Groundfish
Management Team (GMT) received
59717
requests from industry members and
members of the Council’s Groundfish
Advisory Subpanel to examine the
potential to increase sablefish trips
limits for the LE and OA fisheries north
of 36° N. lat.. The intent of increasing
trip limits is to increase harvest
opportunities for vessels targeting
sablefish. To evaluate potential
increases to sablefish trip limits, the
GMT made model-based landings
projections under current regulations
and alternative sablefish trip limits,
including the limits ultimately
recommended by the Council, for the
LEFG and OA fisheries through the
remainder of the year. Table 1 shows the
projected sablefish landings, the
sablefish allocations, 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 late August 2022.
Industry did not request changes to
sablefish trip limits for the LE or OA
fishery south of 36° N. lat. Therefore,
NMFS and the Council did not consider
trip limit changes for these fisheries at
this time.
TABLE 1—PROJECTED LANDINGS OF SABLEFISH, SABLEFISH ALLOCATION, AND PROJECTED PERCENTAGE OF SABLEFISH
ATTAINED THROUGH THE END OF THE YEAR BY TRIP LIMIT AND FISHERY
Trip limits
LE North of 36° N. lat .............
Current: 2,400 lb/week (1,089 kg), not to exceed 4,800 lb/
two months (2,177 kg).
Recommended: 4,500 lb/week (2,041 kg), not to exceed
9,000 lb/two months (4,082).
Current: 600 lb/day (272 kg), 2,000 lb/week (907 kg), not to
exceed 4,000 lb/two months (1,814 kg).
Recommended: 600 lb/day (272 kg), 4,000 lb/week (1,814
kg), not to exceed 8,000 lb/two months (3,629 kg).
OA North of 36° N. lat ............
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Projected
landings
(round weight)
(mt)
Fishery
As shown in Table 1, under the
current trip limits, the model predicts
catches of sablefish will be at or below
56 percent, or 178 mt of the 320 mt
allocation, for LE fishery north of 36° N.
lat. and 70 percent, or 371 mt of the 527
mt allocation, for OA fishery north of
36° N. lat. Under the Council’s
recommended trip limits, sablefish
attainment is projected to increase in
the LE and OA fisheries north of 36° N.
lat. up to 77 and 89 percent,
respectively.
Trip limit increases for sablefish are
intended to increase attainment of the
non-trawl HG. The proposed trip limit
increases do not change projected
impacts to co-occurring rebuilding
species compared to the impacts
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anticipated in the 2021–2022 harvest
specifications because the projected
impacts to those species assume that the
entire sablefish ACL is harvested.
Therefore, the Council recommended
and NMFS is implementing, by
modifying Tables 2 North and South to
part 660, subpart E, and Tables 3 North
and South to part 660, subpart F, trip
limit changes for the LE sablefish
fishery north of 36° N. lat. and trip limit
changes for the OA sablefish fishery
north of 36° N. lat. as shown above in
Table 1. These changes will be
implemented through the end of 2022.
Canary Rockfish
Prior to the September 2022 meeting,
the GMT received a request from an OA
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Allocation
(mt)
Projected
percentage
attained
155–178
320
48–56
203–246
........................
63–77
335–371
527
64–70
408–472
........................
77–89
fisherman from Northern California to
increase the canary rockfish OA north of
40°10′ N. lat. trip limit to better align
with the yellowtail rockfish trip limit in
order to reduce regulatory discarding of
canary rockfish. The 2022 coastwide
ACL for canary rockfish is 1,307 mt.
To evaluate potential increases to
canary rockfish trip limits, the GMT
made model-based landings projections
under current regulations and
alternative trip limits, including the
limits ultimately recommended by the
Council, for the LE and OA fisheries
through the remainder of the year. The
GMT evaluated changes to the trip
limits for canary rockfish both north and
south of 40°10′ N. lat. Table 2 shows the
projected canary rockfish landings, the
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canary rockfish allocations, and the
projected attainment percentage by
fishery under both the current trip
limits and the Council’s recommended
adjusted trip limits for north of 40°10′
N. lat. and Table 3 shows the same
metrics for south of 40°10′ N. lat. These
projections were based on the most
recent catch information available
through late August 2022.
TABLE 2—PROJECTED LANDINGS OF CANARY ROCKFISH, CANARY ROCKFISH ALLOCATION, AND PROJECTED PERCENTAGE
OF CANARY ROCKFISH NORTH OF 40°10′ N. LAT. ATTAINED THROUGH THE END OF THE YEAR BY TRIP LIMIT AND FISHERY
Projected
landings
(round weight)
(mt)
Fishery
Trip limits
LE North of 40°10′ N. lat ..........................
Current: 3,000 lb/two months (1,361 kg) .....................................................................
Recommended: 4,000 lb/two months (1,814 kg) .........................................................
Current: 1,000 lb/two months (454 kg) ........................................................................
Recommended: 2,000/two months (907 kg) ................................................................
OA North of 40°10′ N. lat .........................
3.3
3.5
9.2
11.1
TABLE 3—PROJECTED LANDINGS OF CANARY ROCKFISH, CANARY ROCKFISH ALLOCATION, AND PROJECTED PERCENTAGE
OF CANARY ROCKFISH SOUTH OF 40°10′ N. LAT. ATTAINED THROUGH THE END OF THE YEAR BY TRIP LIMIT AND FISHERY
Projected
landings
(round weight)
(mt)
Fishery
Trip limits
LE South of 40°10′ N. lat ..........................
Current: 3,500 lb/two months (1,588 kg) .....................................................................
Recommended: 4,000 lb/two months (1,814 kg) .........................................................
Current: 1,500 lb/two months (680 kg) ........................................................................
Recommended: 2,000/two months (907 kg) ................................................................
OA South of 40°10′ N. lat .........................
Under the current trip limits, the
model predicts catches of canary
rockfish coastwide will total 30.9 mt
(including discard mortality), which is
25 percent of the 2022 non-trawl
commercial share of canary rockfish
(123.5 mt). Under the Council’s
recommended trip limits, canary
rockfish mortality is expected to
increase to 35 mt coastwide (including
discard mortality), which is 28 percent
of the 2022 non-trawl commercial share
of canary rockfish.
Trip limit increases for canary
rockfish are intended to increase
attainment of the non-trawl commercial
share. The proposed trip limit increases
do not change projected impacts to cooccurring rebuilding species compared
to the impacts anticipated in the 2021–
2022 harvest specifications because the
projected impacts to those species
assume that the entire canary rockfish
ACL is harvested. Therefore, the
Council recommended and NMFS is
implementing, by modifying Table 2
North and South to part 660, subpart E,
and Table 3 North and South to part
660, subpart F, trip limit changes for LE
canary rockfish north and south of
40°10′ N lat. and trip limit changes for
OA canary rockfish fishery north and
south of 40°10′ N lat. as shown above in
Tables 2 and 3. These changes will be
implemented through the end of 2022.
Lingcod
Prior to the September 2022 meeting,
the GMT also received a request to
increase the lingcod trip limits north of
42° N lat. to reduce regulatory
discarding and increase economic
opportunity. Lingcod is managed with
6.2
6.5
12.2
13.8
an ACL north of 40°10′ N lat. and an
ACL south of 40°10′ N lat. The 2022
ACL for lingcod north of 40°10′ N lat.
is 4,958 mt.
To evaluate potential increases to
lingcod trip limits north of 42° N lat.,
the GMT made model-based landings
projections under current regulations
and alternative trip limits, including the
limits ultimately recommended by the
Council, for the LE and OA fisheries
through the remainder of the year. Table
4 shows the projected lingcod landings,
the lingcod allocations, and the
projected attainment percentage by
fishery under both the current trip
limits and the Council’s recommended
adjusted trip limits for north of 42° N
lat. These projections were based on the
most recent catch information available
through late August 2022.
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TABLE 4—PROJECTED LANDINGS OF LINGCOD, LINGCOD ALLOCATION, AND PROJECTED PERCENTAGE OF LINGCOD NORTH
OF 42° N LAT. ATTAINED THROUGH THE END OF THE YEAR BY TRIP LIMIT AND FISHERY
Projected
landings
(round weight)
(mt)
Fishery
Trip limits
LE North of 42° N lat. ...............................
OA North of 42° N lat. ..............................
LE North of 42° N lat. ...............................
OA North of 42° N lat. ..............................
Current: 5,000 lb/two months (2,268 kg) .....................................................................
Current: 2,500 lb/month (1,134 kg).
Recommended: 7,000 lb/two months (3,175 kg) .........................................................
Recommended: 3,500/month (1,588 kg).
Under the current trip limits, the
model predicts catches of lingcod north
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of 42° N lat. will total 182.76 mt, which
is 7.1 percent of the 2022 non-trawl
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182.76
188.76
allocation of lingcod (2,573.791 mt).
Under the Council’s recommended trip
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limits, lingcod mortality north of 42° N
lat. is expected to increase to 188.76 mt,
which is 7.3 percent of the 2022 nontrawl allocation of lingcod (2,573.791
mt).
Trip limit increases for lingcod are
intended to marginally increase
attainment of the non-trawl allocation.
The proposed trip limit increases do not
appreciably change projected impacts to
co-occurring rebuilding species
compared to the impacts anticipated in
the 2021–2022 harvest specifications
because the projected impacts to those
species assume that the entire lingcod
ACL is harvested. Therefore, the
Council recommended and NMFS is
implementing, by modifying Table 2
North to part 660, subpart E, and Table
3 North to part 660, subpart F, trip limit
changes for LE and OA lingcod north of
42° N lat. as shown above in Table 4.
These changes will be implemented
through the end of 2022.
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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 Keeley Kent in
NMFS West Coast Region (see FOR
FURTHER INFORMATION CONTACT, above),
or view at the NMFS West Coast
Groundfish website: https://
www.fisheries.noaa.gov/species/westcoast-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
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comment would be impracticable and
contrary to the public interest. The
adjustments to management measures in
this document increase trip limits for
fisheries in Washington, Oregon, and
California to allow additional economic
opportunity while keeping catch within
allocations established by the 2021–
2022 harvest specifications. New
information became available at the
September 2022 Council meeting
showing that updated 2022 catch
projections using the most recent
available data were lower 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 trip
limit increases are for the LE and OA
sectors for sablefish north of 36° N lat.,
canary rockfish, and lingcod north of
42° N lat. These changes are projected
to increase economic value of the
fisheries by $283,335 for sablefish,
$25,324 for canary, and $10,660 for
lingcod as well as reduce regulatory
discards in these fisheries. 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).
Delaying implementation to allow for
public comment would likely reduce
the economic benefits to the commercial
fishing industry and the businesses that
rely on that industry because it is
unlikely the new regulations would
publish and could be implemented
before the end of the calendar year.
Therefore, providing a comment period
for this action could significantly limit
the economic benefits to the fishery, and
would hamper the achievement of
optimum yield from the affected
fisheries.
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59719
Therefore, the NMFS finds reason to
waive the 30-day delay in effectiveness
pursuant to 5 U.S.C. 553(d)(1) so that
this final rule may become effective
upon publication in the Federal
Register. The adjustments to
management measures in this document
affect commercial fisheries by
increasing opportunity and allowing
greater economic benefit. These
adjustments were requested by the
Council’s advisory bodies, as well as
members of industry during the
Council’s September 2022 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, 2020).
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: September 28, 2022.
Jennifer M. Wallace,
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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Table 2 (North) to Part 660, Subpart E -- Non-Trawl Rockfish Conservation Areas and Trip Limits for Limited Entry Fixed Gear North of 40°1 O' N.
lat.
Other limits and requirements apply -- Read §§660.10 through 660.399 before using this table
9/13/2022
JAN-FEB
I MAR-APR I MAY-JUN I JUL-AUG I SEP-OCT I NOV-DEC
Rockfish Conservation Area (RCAJ 11 :
1 North of 46 °16' N. lat.
..3...
shoreline - 100 fm line 11
40 fm line 11 - 100 fm line 11
46°16' N. lat. - 40° 1 0' N. lat.
30 Im line 11- 40 Im line 1121
See §§660.60 and 660.230 for additional gear, trip limit and conservation area requirements and restrictions. See §§660.70-660.74 and
§§660.76-660.79 for conservation area descriptions and coordinates (including RCAs, YRCAs, CCAs, Farallon Islands, Cordell Banks, and
EFHCAsl.
State trip limits and seasons may be more restrictive than Federal trip limits or seasons, particularly in waters off Oregon and California.
3
31
4 Minor Slope Rockfish
&
8,000 lb/ 2 month
3,600 lb/ 2 months
Darkblotched rockfish
5 Pacific ocean perch
10,000 lb/ 2 months
7 Longspine thornyhead
8 Shortsoine thornvhead
9 Dover sole, arrowtooth flounder,
10
11
12
13
14
15
16
17
18
19
20
21
I
2,000 lb/ 2 months
petrale sole, English sole, starry
4,500 lb/ week, not to exceed
9,000 lb/ 2 months
2,500 lb/ 2 months
-I
10,000 lb/ month
>
flounder Other Flatfish 4181
Whitina
10,000 lb/ trip
800 lb/ month
Minor Shelf Rockfish 31
Shortbelly Rockfish
200 lb/ month
Widow rockfish
4,000 lb/ 2 month
Yellowtail rockfish
3,000 lb/ month
4,000 lb/ 2 months
Canarv rockfish
3,000 lb/ 2 months
I
CLOSED
Yelloweye rockfish
Minor Nearshore Rockfish Oreaon black/blue/deacon rockfish & CA black rockfish 51
5,000 lb/ 2 months, no more than 1,200 lb of which may be species other than black rockfish or
North of 42°00' N. lat.
blue/deacon rockfish 41
42 °00' N. lat. - 40 °1 0' N. lat. 2,000 lb/ 2 months, of which no more than 75 lb may be quillback rockfish, and of which no more than 75
lb may be copper rockfish
Minor Nearshore Rockfish
42 °00' N. lat. - 40 °1 0' N. lat.
California Black Rockfish
22
23
24
I
2,400 lb/ week, not to exceed 4,800 lb/ 2 months
6 Sablefish
m
r
m
N
-z
...,..
0
~
7,000 lb / 2 months
Linacod 61
North of 42°00' N. lat.
42 °00' N. lat. - 40 °1 0' N. lat.
25
26 Pacific cod
5,000 lb/ 2 months
2, 000 lb/2 months
1,000 lb/ 2 months
150,000 lb/ 2
200,000 lb/ 2 months
months
Unlimited
Unlimited
Unlimited
Unlimited
I
27 Spiny dogfish
28 Lonanose skate
29 Other Fish 71& Cabezon in California
30 Oregon Cabezon/Kelp Greenling
31 Big skate
I
I
7,000 lb/ 2 months
100,000 lb/ 2 months
1/ The Rockfish Conservation Area is an area closed to fishing by particular gear types, bounded by lines specifically defined by latitude
and longitude coordinates set out at§§ 660.71-660.74. This RCA is not defined by depth contours (with the exception of the 20-fm
depth contour boundary south of 42° N. lat.), and the boundary lines that define the RCA may close areas that are deeper or shallower
than the depth contour. Vessels that are subject to RCA restrictions may not fish in the RCA, or operate in the RCA for any purpose
other than transiting.
2/ Between 46°16' N. lat. and 40°10' N. lat. and the 30 fm and 40 fm lines, fishing is only allowed with hook-and-line gear except bottom longline and dinglebar gear, as defined in §660.11
3/ Bocaccio, chilipepperand cowcod are included in the tnp limits for Minor Shelf Rockfish and splitnose rockfish is included in the trip limits for Minor Slope Rockfish.
4/ "0therflatfish" are defined at§ 660.11 and include butter sole, curtfin sole, flathead sole, Pacific sanddab, rex sole, rock sole, and sand sole.
5/ For black rockfish north of Cape Aiava (48°09.50' N. lat.), and between Destruction Is. (47°40' N. lat.) and Leadbetter Pnt. there is an additional limit of 100 lb or 30 percent by weight of all
fish on board, whichewr is greater, per 1oessel, per fishing trip.(46°38.17' N. lat.),
6/ The minimum size limitfor lingcod is 22 inches (56 cm) total length North of 42° N. lat. and 24 inches (61 cm) total length South of 42° N. lat.
7/ "0ther Fish" are defined at§ 660.11 and include kelp greenling off California and leopard shark.
8/ LEFG 1oessels are allowed to fish inside groundfish conservation areas using hook and line only. See section 660.230 (d) of the regulations for more information.
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To convert pounds to kilograms, divide by 2.20462, the nurrber of pounds in one kilogram
59721
Federal Register / Vol. 87, No. 190 / Monday, October 3, 2022 / Rules and Regulations
3. Revise Table 2 (South) to part 660,
subpart E, to read as follows:
■
Table 2 (South) to Part 660, Subpart E -- Non-Trawl Rockfish Conservation Areas and Trip Limits for Limited Entry Fixed Gear South of 40°10' N.
Other limits and requirements apply- Read §§660 10 through 660 399 before using this table
9/13/2022
JAN-FEB
I MAR-APR I MAY.JUN I JUL-AUG
I SEP-OCT
I NOV-DEC
Rockfish Conservation Area (RCA)11 :
1 40°1 0' N. lat. - 38°57.5' N. lat.
40 Im line" -125 Im line"
2 38°57.5' N. lat. -34°27' N. lat.
50 Im line" -125 Im line"
3 South of 34°27' N. lat.
100 fm line" -150 fm line" (also applies around islands)
See §§660.60 and 660.230 for additional gear, trip limit and conservation area requirements and restrictions. See §§660.70-660.74 and
§§660.76-660.79 for conservation area descriptions and coordinates (including RCAs, YRCAs, CCAs, Farallon Islands, Cordell Banks, and
EFHCAs).
State trip limits and seasons may be more restrictive than Federal trip limits or seasons, particularly in waters off Oregon and California.
40,000 lb/ 2 months, of which no more than 6,000 lb mav be blackaill rockfish
40,000 lb/ 2 months
Sablefish
4,500 lb / week, not to exceed
2,400 lb / week, not to exceed 4,800 lb / 2 months
40°10' N. lat. -36°00' N. lat.
9,000 lb/ 2 months
2,500 lb/ week
South of 36°00' N. lat.
10,000 lb/ 2 months
Longspine thornyhead
Shortspine thornyhead
40°1 0' N. lat. - 34°27' N. lat.
2,000 lb/ 2 months
2,500 lb/ 2 months
I
South of 34°27' N. lat.
3,000 lb/ 2 months
Dover sole, arrowtooth flounder,
petrale sole, English sole, starry
10,000 lb/ month
flounder Other Flatfish 3181
10,000 lb/trip
Whitina
Minor Shelf Rockfish 21
40°10' N. lat. -34°27' N. lat.
8,000 lb./ 2 months, of which no more than 500 lb. may be venmilion
5,000 lb./ 2 months, of which no more than 3,000lb. may be verm ii ion
South of 34°27' N. lat.
Widow
4 Minor Slone rockfish 21 &
5 Solitnose rockfish
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
I
40°10' N. lat. -34°27' N. lat.
22
10,000 lb./ 2 months
8,000 lb. / 2 months
South of 34°27' N. lat.
24
40°10' N. lat. -34°27' N. lat.
South of 34°27' N. lat.
Shortbellv Rockfish
South of 40°1 0' N. lat.
Canarv rockfish
Yelloweve rockfish
Cowcod
Bronzespotted rockfish
Bocaccio
Minor Nearshore Rockfish
26
27
28
29
30
31
32
33
)>
m
"'
-en
0
-C:
::r
23 Chilipepper
25
-I
m
,-
10,000 lb./ 2 months
8,000 lb. / 2 months
200 lb/ month
I
3,500 lb / 2 months
4,000 lb/ 2 months
CLOSED
CLOSED
CLOSED
6,000 lb/ 2 months
34
Shallow nearshore 41
2,000 lb/ 2 months
35
Deeper nearshore 51
2,000 lb/ 2 months, of which no more than 75 lb may be quillback rockfish, and of which no more than 75
lb may be copper rockfish
36 California Scorpionfish
37 Linacod 61
38 Pacific cod
39 Spiny dogfish
200,000 lb/ 2 months
I
40 Longnose skate
41 Other Fish 71 & Cabezon in California
42 Big Skate
3,500 lb/ 2 months
1,600 lb/ 2 months
1,000 lb/ 2 months
150,000 lb/ 2
months
Unlimited
Unlimited
Unlimited
I
100,000 lb/ 2 months
1/ The Rockfish Conservation Area is an area closed to fishing by particular gear types, bounded by lines specifically defined by latitude
and longitude coordinates set out at§§ 660.71-660.74. This RCA is not defined by depth contours (with the exception ofthe 20-fm
depth contour boundary south of42° N. lat.), and the boundary lines that define the RCA may close areas that are deeper or shallower
than the depth contour. Vessels that are subject to RCA restrictions may not fish in the RCA, or operate in the RCA for any purpose
other than transiting.
2/ POP is included in the trip limits for Minor Slope Rockfish. Blackgill rockfish have a species specific trip sub-limit within the Minor
Slope Rockfish cumulative limit. Yellowtail rockfish are included in the trip limits for Minor Shelf Rockfish. Bronzes potted rockfish
have a species specific trip limit.
3/ "Other Flatfish" are defined at§ 660.11 and include butter sole, curtfin sole, flathead sole, Pacific sanddab, rexsole, rock sole, and sand sole.
4/ "Shallow Nearshore" are defined at§ 660.11 under"Groundfish" (7)(i)(B)(1).
5/ "Deeper Nearshore" are defined at§ 660.11 under "Groundfish" (7)0)(8)(2).
6/Toe commercial mimimum size limit for lingcod is 24 inches (61 cm) total length South of42° N. lat.
7/ "0ther Fish" are defined at§ 660.11 and include kelp greenling offCalifomia and leopard shark.
8/ LEFG vessels are allowed to fish inside groundfish conservation areas using hook and line only. See section 660.230 (d) of the regulations for more information.
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To convert pounds to kilograms, divide by2.20462, the num>er of pounds in one kilogram
59722
Federal Register / Vol. 87, No. 190 / Monday, October 3, 2022 / Rules and Regulations
4. Revise Table 3 (North) to part 660,
subpart F, to read as follows:
■
Table 3 (North) to Part 660, Subpart F -- Non-Trawl Rockfish Conservation Areas and Trip Limits for Open Access Gears North of 40°10' N. lat.
Other limits and requirements apply-- Read §§660.10 through 660.399 before using this table
9/13/2022
JAN-FEB
I
MAR-APR
I
MAY-JUN
I
JUL-AUG
I
SEP-OCT
I
NOV-DEC
I
I
I
I
I
I
I
I
I
I
I
Rockfish Conservation Area (RCA)11 :
1 North of 46. 16' N. lat. I
shoreline - 100 Im line 11
2
40 Im line" -100 Im line"
46°16' N. lat -40°10' N lat
3
30 Im line 11- 40 Im line 1121
:,ee §§660.60, 660.330 and 660.333 for additional gear, trip limit and conservation area requirements and restrictions. :,ee §§660.70-660.74 and
§§660.76-660.79 for conservation area descriptions and coordinates (including RCAs, YRCAs, CCAs, Farallon Islands, Cordell Bank, and
EFHCAsl.
State trip limits and seasons may be more restrictive than Federal trip limits or seasons, particularly in waters off Oregon and Cal~omia.
4
Minor Slope Rockfish 31 & Darkblotched
rockfish
5 Pacific ocean perch
2,000 lb/ months
100 lb/ month
600 lb/day, or 1 landing /week up to 2,000 lb, not to exceed 4,000 lb/ 2
months
50 lb/month
50 lb/month
6 Sablefish
7 ShorlDine thornvheads
8 Lon11spine thornvheads
I 600 lb/ day, 4,000 lb/ week not to
exceed 8 000 lb/ 2 months
9 Dover sole, arrowtooth flounder,
10 petrale sole, English sole, starry
11 flounder Other Flatfish4181
5,000 lb/ month
12 Whiting
300 lb/ month
800 lb/ month
Minor Shelf Rockfish 31
Widow rockfish
2,000 lb/ 2 months
Shortbelly Rockfish
200 lb/ month
Yellowtail rockfish
1,500 lb/ month
2,000 lb/ 2 months
Canarv rockfish
1,000 lb/ 2 months
I
Yelloweye rockfish
CLOSED
19 Minor Nearshore Rockfish, Oregon black/blue/deacon rockfish & CA black rockfish
o,uuu 101 ~ montns, no more tnan 1,~uu 10 ot w111cn may De species otner tnan DlacK rocK1Isn or 0Iue1aeacon
20
North of 42'00' N. lat.
rockfish51
2,000 lb/ 2 months, of which no more than 75 lb may be quillback rockfish, and of which no more than 75 lb may
42°00' N. lat. -40°10' N. lat.
21
be copper rockfish
Minor Nearshore Rockfish
13
14
15
16
17
18
42°00' N. lat. -40°10' N. lat.
California Black Rockfish
22
23 Linacod 61
24
25
26
27
28
29
30
31
32
33
-I
)>
m
,m
w
-z
:::.
0
7,000 lb/ 2 months
::r
3,500 lb / month
I
1,000 lb/ month
Pacific cod
1,000 lb/ 2 months
150,000 lb/ 2
Spiny dogfish
200,000 lb/ 2 months
100,000 lb/ 2 months
months
Lonanose skate
Unlimited
Big skate
Unlimited
Unlimited
Other Fish" & Cabezon in California
Unlimited
Oreaon Cabezon/Kelp Greenlina
SALMON TROLL (subject to RCAs when retaining all species of groundfish, except for yel/owtail rockfish and lingcod, as described below)
Salmon trollers may retain and land up to 500 lb ofyellowtail rockfish per month as long as salmon is on
board, both within and outside of the RCA. Salmon trollers may retain and land up to 1 lingcod per2
Chinook per trip, plus 1 lingcod per trip, up to a trip limit of 10 lingcod, on a trip where any fishing occurs
North
within the RCA. The lingcod limit only applies during times when lingcod retention is allowed, and is not
"CLOSED." Theses limits are within the per month limits described in the table above, and not in addition to
those limits. All groundfish species are subject to the open access limits, seasons, size limits and RCA
2,500 lb/ month
North of 42°00' N. lat.
42°00' N. lat. -40°10' N. lat.
I
,:,.1,,..,,.1
I
in fhtQ
1-... J.t,...
,,i,.,....,,... ,,.,.,,...,..,..
,...1,1,,,.....,.,:,.,...
,..1,,,1,,...r1
1,,,......,.,.
34 PINK SHRIMP NON-GROUNDFISH TRAWL (not subject to RCAs)
Effective April 1 - October 31: Groundfish: 500 lb/day, multiplied by the number of days of the trip, not to
exceed 1,500 lb/trip. The following sublimits also apply and are counted toward the overall 500 lb/day and 1,500
lb/trip groundfish limits: lingcod 300 lb/month (minimum 24 inch size limit); sablefish 2,000 lb/month; canary,
thomyheads and yelloweye rockfish are PROHIBITED. All other groundfish species taken are managed under
the overall 500 lb/day and 1,500 lb/trip groundfish limits. Landings of these species count toward the per day
and per trip groundfish limits and do not have species-specific limits. The amount of groundfish landed may not
exceed the amount of pink shrimp landed.
35 North
1/ Toe Rockfish Conservation Area is an area closed to fishing by particular gear types, bounded by lines specifically defined by latitude
and longitude coordinates set out at§§ 660.71-660.74. This RCA is not defined by depth contours (with the exception of the 20-fm
depth contour boundary south of 42° N. lat.), and the boundary lines that define the RCA may close areas that are deeper or shallower
than the depth contour. Vessels that are subject to RCA restrictions may not fish in the RCA, or operate in the RCA for any purpose
other than transiting.
2/ Between 46°16' N. lat. and 40°10' N. lat. and the 30 fm and 40 fm lines, fishing is only allowed with hook-and-line gear except bottom longline and dinglebargear, as defined in §660.11
3/ Bocaccio, chili pepper and cowcod rockfishes are included in the trip limits for Minor Shelf Rockfish. Splitnose rockfish is included in the trip
limits for Minor Slope Rockfish.
5/ For black rockfish north of Cape Aiava (48°09.50' N. lat.), and between Destruction Is. (47°40' N. lat.) and Leadbetter Pnt. (46°38.17' N. lat.),
there is an additional limit of 100 lbs or 30 percent by weight of all fish on board, whichever is greater, per vessel, per fishing trip.
6/The minimum size limitforlingcod is 22 inches (56 cm) total length North of 42° N. lat. and 24 inches (61 cm) total length South of42° N. lat.
7/"otherfish" are defined at§ 660.11 and include kelp greenling off California and leopard shark.
8/ Open access vessels are allowed to fish inside groundfish conservation areas using hook and line only. See section 660.330 (d) of the regulations for more information.
To convert pounds to kilograms, divide by 2.20462, the number of pounds in one kilogram.
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4/ "otherflatfish" are defined at§ 660.11 and include butter sole, curtfin sole, flathead sole, Pacific sanddab, rexsole, rock sole, and sand sole.
59723
Federal Register / Vol. 87, No. 190 / Monday, October 3, 2022 / Rules and Regulations
5. Revise Table 3 (South) to part 660,
subpart F, to read as follows:
■
Table 3 (South) to Part 660, Subpart F -- Non-Trawl Rockfish Conservation Areas and Trip Limits for Open Access Gears South of 40°1 O' N. lat.
Other limits and requirements apply -- Read §§660.10 through 660.399 before using this table
9/13/2022
JAN-FEB
I MAR-APR I MAY-JUN
I JUL-AUG
I SEP-OCT I NOV-DEC
I
Rockfish Conservation Area (RCA}":
1 40°10' N. lat. -38°57.5' N. lat.
2 38°57.5' N. lat. -34 °27' N. lat.
I
I
I
I
I
I
I
I
I
I
40 Im line 11 - 125 fm line 11
50 Im line 11 - 125 Im line 11
3 South of 34°27' N. lat.
100 fm line 11 - 150 Im line 11 (also applies around islands)
See §§660.60 and 660.230 for additional gear, trip limit and conservation area requirements and restrictions. See §§660.70-660.74 and §§660.76660.79 for conservation area descriptions and coordinates (including RCAs, YRCAs, CCAs, Farallon Islands, Cordell Banks, and EFHCAs).
State trio limits and seasons mav be more restrictive than Federal trio limits or seasons, oarticula~v in waters off Oreaon and California.
21
4 Minor Slope Rockfish & Darkblotched
10,000 lb/ 2 months, of which no more than 2,500 lb may be blackgill rockfish
rockfish
5 Solitnose rockfish
200 lb/ month
6 Sablefish
7
40°10' N. lat. -36°00' N. lat.
8
South of 36°00' N. lat.
600 lb/day, or 1 landing /week up to 2,000 lb, not to exceed 4,000 lb/ 2 1600 lb/ day, 4,000 lb/ week not to
months
exceed 8,000 lb/ 2 months
2,000 lb/week, not to exceed 6,000 lb/2 months
9 Shortoine thornvheads
10
40°10' N. lat. -34°27' N. lat.
11 Longspine thornyheads
12
40° 10' N. lat. - 34°27' N. lat.
13 Shortpine thornyheads and longspine
14
South of 34°27' N. lat.
50 lb/ month
50 lb/ month
100 lb/day, no more than 1 ,000 lb/ 2 months
15 Dover sole, arrowtooth flounder,
16 petrale sole, English sole, starry
)>
m
Other Flatfish 3181
w
20
40° 10' N. lat. - 34°27' N. lat.
21
South of 34°27' N. lat.
22 Widow
23
rm
300 lb/ month
18 Whitina
19 Minor Shelf Rockfish 21
4,000 lb./ 2 months, of which no more than 400 lb. may be vermilion
3,000 lb./ 2 months, of which no more than 1,200Ib. may be vermilion
C:
6,000 lb./ 2 months
4,000 lb./ 2 months
South of 34°27' N. lat.
::,-
25 Chilipepper
26
40° 10' N. lat. - 34°27' N. lat.
27
South of 34°27' N. lat.
6,000 lb./ 2 months
4,000 lb./ 2 months
28 Shortbellv Rockfish
29
South of 40° 10' N. lat.
22 Canarvrockfish
23 Yelloweye rockfish
24 Cowcod
25 Bronzespotted rockfish
26 Bocaccio
30 Minor Nearshore Rockfish
31
Shallow nearshore 41
32
Deeper nearshore 51
200 lb/ month
36 Spiny dogfish
2,000 lb/ 2 months
2,000 lb/ 2 months, of which no more than 75 lb may be quillback rockfish, and of which no more than 75 lb may
be copper rockfish
200,000 lb/ 2 months
I
39 Other Fish 71 & Cabezon in California
17:54 Sep 30, 2022
Jkt 259001
2,000 lb/ 2 months
CLOSED
CLOSED
CLOSED
4,000 lb/ 2 months
34 Lingcod 61
35 Pacific cod
37 Longnose skate
38 Big skate
I
1 ,500 lb / 2 months
33 California Scorpionfish
lotter on DSK11XQN23PROD with RULES1
en
0
40° 10' N. lat. - 34°27' N. lat.
24
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3,500 lb/ 2 months
700 lb / months
1 ,000 lb/ 2 months
150,000 lb/ 2
months
Unlimited
Unlimited
Unlimited
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100,000 lb/ 2 months
E:\FR\FM\03OCR1.SGM
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'17 flounder
-I
5,000 lb/ month
59724
Federal Register / Vol. 87, No. 190 / Monday, October 3, 2022 / Rules and Regulations
Table 3 (South) Continued
Other limits and requirements apply -- Read §§660.10 through 660.399 before using this table
JAN-FEB
I MAR-APR I MAY-JUN
I
JUL-AUG
I
SEP-OCT
I
9/13/2022
NOV-DEC
Rockfish Conservation Area (RCA)":
40140°10' N. lat. -38°57.5' N. lat.
41138°57.5' N. lat. -34 °27' N. lat.
40 Im line 11 - 125 Im line 11
50 Im line 11 - 125 fm line 11
100 fm line 11 - 150 Im line 11 (also applies around islands)
42 ISouth of 34°27' N. lat.
See §§660.60 and 660.230 for additional gear, trip limit and conservation area requirements and restrictions. See §§660.70-660.74 and §§660.76660.79 for conservation area descriptions and coordinates (including RCAs, YRCAs, CCAs, Farallon Islands, Cordell Banks, and EFHCAs).
43 SALMON TROLL (subject to RCAs when retaining all species of groundfish, except for yellowtail rockfish, as described below)
Salmon !rollers may retain and land up to 1 lb of yellowtail rockfish for every 2 lb of Chinook salmon landed, with
a cumulative limit of 200 lb/month, both within and outside of the RCA. This limit is within the 4,000 lb per 2
South of 40°1 O' N. lat. month limit for minor shelf rockfish between 40010' and 34027' N lat., and not in addition to that limit. All
groundfish species are subject to the open access limits, seasons, size limits and RCA restrictions listed in the
table above, unless otherwise stated here.
44
45 RIDGEBACK PRAWN AND, SOUTH OF 38 57.50' N. LAT., CA HALIBUT AND SEA CUCUMBER NON-GROUNDFISH TRAWL
46 NON-GROUNDFISH TRAWL Rockfish Conservation Area IRCAJ for CA Halibut, Sea Cucumber & Ridoeback Prawn:
47
40°10'N. lat. -38°00'N. lat.
100 fm line 11 200 fm line 11
I
100 fm line
11
-150 fm line
.
-I
100 fm line 11
11
I
-
200 fm line 11
C"
co
...
48
38 °00' N. lat. - 34 °27' N. lat.
100 fm line 11 -150 fm line 11
en0
49
South of34 °27' N. lat.
100 fm line 11 -150 fm line 11
.§:
C
Groundfish: 300 lb/trip. Species-specific limits described in the table above also apply and are counted toward
the 300 lb groundfish per trip limit. The amount of groundfish landed may not exceed the amount of the target
species landed, except that the amount of spiny dogfish landed may exceed the amount of target species
landed. Spiny dogfish are limited by the 300 lb/trip overall groundfish limit. The daily trip limits for sablefish
coaslwide and thomyheads south of Pl. Conception and the overall groundfish "per trip" limit may not be
multiplied by the number of days of the trip. Vessels participating in the California halibut fishery south of
38057.50' N. lat. are allowed to (1) land up to 100 lb/day of groundfish without the ratio requirement, provided
that at least one California halibut is landed and (2) land up to 3,000 lb/month of flatfish, no more than 300 lb of
which may be species other than Pacific sanddabs, sand sole, starry flounder, rock sole, curlfin sole, or
California scorpionfish (California scorpionfish is also subject to the trip limits and closures in line 29).
50
0
0
:::,
!:!:
:::,
C
CD
C.
51 PINK SHRIMP NON-GROUNDFISH TRAWL GEAR (not subject to RCAs)
52
Effective April 1 - October 31: Groundfish: 500 lb/day, multiplied by the number of days of the trip, not to
exceed 1,500 lb/trip. The following sublimits also apply and are counted toward the overall 500 lb/day and 1,500
lb/trip groundfish limits: lingcod 300 lb/ month (minimum 24 inch size limit); sablefish 2,000 lb/ month; canary
rockfish, thornyheads and yelloweye rockfish are PROHIBITED. All other groundfish species taken are
managed under the overall 500 lb/day and 1,500 lb/trip groundfish limits. Landings of all groundfish species
count toward the per day, per trip or other species-specific sublimits described here and the species-specific
limits described in the table above do not apply. The amount of groundfish landed may not exceed the amount
of pink shrimp landed.
South
1/ The Rockfish Conservation Area is an area closed to fishing by particular gear types, bounded by lines specifically defined by latitude
and longitude coordinates set out at§§ 660.71-660.74. This RCA is not defined by depth contours (with the exception of the 20-frn
depth contour boundary south of 42° N. lat.), and the boundary lines that define the RCA may close areas that are deeper or shallower
than the depth contour. Vessels that are subject to RCA restrictions may not fish in the RCA, or operate in the RCA for any purpose
other than transiting.
2/ POP is included in the trip limits for minor slope rockfish. Blackgill rockfish have a species specific trip sub-limit within the minor slope rockfish
cumulative limits. Yellowtail rockfish is included in the trip limits for minor shelf rockfish. Bronzespotted rockfish have a species specific trip
limit.
3/ "Other flatfish" are defined at§ 660.11 and include butter sole, curlfin sole, flathead sole, Pacific sanddab, rex sole, rock sole, and sand sole.
4/ "Shallow Nearshore" are defined at§ 660.11 under "Groundfish" (7)(i)(B)(1 ).
5/ "Deeper Nearshore" are defined at§ 660.11 under "Groundfish" (7)(i)(B)(2).
6/ The commercial mi mi mum size limit for lingcod is 24 inches (61 cm) total length South of 42° N. lat.
7/ "Otherfish" are defined at§ 660.11 and includes kelp greenling off California and leopard shark.
8/ Open access vessels are allm,ved to fish inside groundfish conservation areas using hook and line only. See section 660.330 (d) of the regulations for more information.
To convert pounds to kilograms, divide by 2.20462, the number of pounds in one kilogram.
BILLING CODE 3510–22–C
ACTION:
National Oceanic and Atmospheric
Administration
SUMMARY:
50 CFR Part 660
[Docket No. 220923–0198]
lotter on DSK11XQN23PROD with RULES1
RIN 0648–BK81
Magnuson-Stevens Act Provisions;
Fisheries Off West Coast States;
Pacific Coast Groundfish Fishery; Nontrawl Logbook
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Department of Commerce.
AGENCY:
VerDate Sep<11>2014
17:54 Sep 30, 2022
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Final rule.
DEPARTMENT OF COMMERCE
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This final rule creates a
Federal requirement for certain vessels
in the Pacific Coast Groundfish fishery
target fishing for groundfish with nontrawl gear in Federal waters seaward of
California, Oregon, and Washington, to
complete and submit a non-trawl
logbook to NMFS via an electronic
application. Specifically, this non-trawl
logbook requirement applies to vessels
participating in the directed open access
and limited entry fixed gear sectors, as
well as those vessels that fish with nontrawl gear in the Shorebased Individual
Fishing Quota Program. The intent of
this requirement is to collect valuable
fishery-dependent information in non-
E:\FR\FM\03OCR1.SGM
03OCR1
ER03OC22.068</GPH>
[FR Doc. 2022–21409 Filed 9–30–22; 8:45 am]
]]>Agencies
[Federal Register Volume 87, Number 190 (Monday, October 3, 2022)]
[Rules and Regulations]
[Pages 59716-59724]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-21409]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 660
[Docket No. 201204-0325]
RIN 0648-BL85
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.
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SUMMARY: This final rule announces routine inseason adjustments to
management measures in commercial groundfish fisheries. This action is
intended to allow commercial fishing vessels to access more abundant
groundfish stocks while protecting overfished and depleted stocks.
DATES: This final rule is effective October 3, 2022.
FOR FURTHER INFORMATION CONTACT: Keeley Kent, phone: 206-247-8252 or
email: [email protected].
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
[[Page 59717]]
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 September 2022 meeting, the Council recommended modifying
trip limits for limited entry (LE) and open access (OA) sablefish north
of 36[deg] N. latitude, modifying trip limits for LE and OA canary
rockfish north and south of 40[deg]10' N. latitude, and modifying trip
limits for LE and OA lingcod north of 42[deg] N. latitude. 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 2019 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 becomes available, adjustments to management
measures are projected so as to help harvesters achieve but not exceed
the harvest limits.
Sablefish
Sablefish is an important commercial species on the west coast with
vessels targeting sablefish with both trawl and fixed gear (longlines
and pots/traps). Sablefish is managed with an ACL for north of 36[deg]
N. lat. and an ACL for south of 36[deg] N. lat.. The 2022 ACLs for the
north and south are 6,172 mt and 2,203 mt, respectively.
At the September 2022 Council meeting, the Council's Groundfish
Management Team (GMT) received requests from industry members and
members of the Council's Groundfish Advisory Subpanel to examine the
potential to increase sablefish trips limits for the LE and OA
fisheries north of 36[deg] N. lat.. The intent of increasing trip
limits is to increase harvest opportunities for vessels targeting
sablefish. To evaluate potential increases to sablefish trip limits,
the GMT made model-based landings projections under current regulations
and alternative sablefish trip limits, including the limits ultimately
recommended by the Council, for the LEFG and OA fisheries through the
remainder of the year. Table 1 shows the projected sablefish landings,
the sablefish allocations, 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 late August 2022.
Industry did not request changes to sablefish trip limits for the LE or
OA fishery south of 36[deg] N. lat. Therefore, NMFS and the Council did
not consider trip limit changes for these fisheries at this time.
Table 1--Projected Landings of Sablefish, Sablefish Allocation, and Projected Percentage of Sablefish Attained
Through the end of the Year by Trip Limit and Fishery
----------------------------------------------------------------------------------------------------------------
Projected
landings Allocation Projected
Fishery Trip limits (round weight) (mt) percentage
(mt) attained
----------------------------------------------------------------------------------------------------------------
LE North of 36[deg] N. lat......... Current: 2,400 lb/week 155-178 320 48-56
(1,089 kg), not to exceed
4,800 lb/two months (2,177
kg).
Recommended: 4,500 lb/week 203-246 .............. 63-77
(2,041 kg), not to exceed
9,000 lb/two months
(4,082).
OA North of 36[deg] N. lat......... Current: 600 lb/day (272 335-371 527 64-70
kg), 2,000 lb/week (907
kg), not to exceed 4,000
lb/two months (1,814 kg).
Recommended: 600 lb/day 408-472 .............. 77-89
(272 kg), 4,000 lb/week
(1,814 kg), not to exceed
8,000 lb/two months (3,629
kg).
----------------------------------------------------------------------------------------------------------------
As shown in Table 1, under the current trip limits, the model
predicts catches of sablefish will be at or below 56 percent, or 178 mt
of the 320 mt allocation, for LE fishery north of 36[deg] N. lat. and
70 percent, or 371 mt of the 527 mt allocation, for OA fishery north of
36[deg] N. lat. Under the Council's recommended trip limits, sablefish
attainment is projected to increase in the LE and OA fisheries north of
36[deg] N. lat. up to 77 and 89 percent, respectively.
Trip limit increases for sablefish are intended to increase
attainment of the non-trawl HG. The proposed trip limit increases do
not change projected impacts to co-occurring rebuilding species
compared to the impacts anticipated in the 2021-2022 harvest
specifications because the projected impacts to those species assume
that the entire sablefish ACL is harvested. Therefore, the Council
recommended and NMFS is implementing, by modifying Tables 2 North and
South to part 660, subpart E, and Tables 3 North and South to part 660,
subpart F, trip limit changes for the LE sablefish fishery north of
36[deg] N. lat. and trip limit changes for the OA sablefish fishery
north of 36[deg] N. lat. as shown above in Table 1. These changes will
be implemented through the end of 2022.
Canary Rockfish
Prior to the September 2022 meeting, the GMT received a request
from an OA fisherman from Northern California to increase the canary
rockfish OA north of 40[deg]10' N. lat. trip limit to better align with
the yellowtail rockfish trip limit in order to reduce regulatory
discarding of canary rockfish. The 2022 coastwide ACL for canary
rockfish is 1,307 mt.
To evaluate potential increases to canary rockfish trip limits, the
GMT made model-based landings projections under current regulations and
alternative trip limits, including the limits ultimately recommended by
the Council, for the LE and OA fisheries through the remainder of the
year. The GMT evaluated changes to the trip limits for canary rockfish
both north and south of 40[deg]10' N. lat. Table 2 shows the projected
canary rockfish landings, the
[[Page 59718]]
canary rockfish allocations, and the projected attainment percentage by
fishery under both the current trip limits and the Council's
recommended adjusted trip limits for north of 40[deg]10' N. lat. and
Table 3 shows the same metrics for south of 40[deg]10' N. lat. These
projections were based on the most recent catch information available
through late August 2022.
Table 2--Projected Landings of Canary Rockfish, Canary Rockfish
Allocation, and Projected Percentage of Canary Rockfish North of
40[deg]10' N. Lat. Attained Through the end of the Year by Trip Limit
and Fishery
------------------------------------------------------------------------
Projected
landings
Fishery Trip limits (round weight)
(mt)
------------------------------------------------------------------------
LE North of 40[deg]10' N. lat.. Current: 3,000 lb/two 3.3
months (1,361 kg).
Recommended: 4,000 lb/ 3.5
two months (1,814 kg).
OA North of 40[deg]10' N. lat.. Current: 1,000 lb/two 9.2
months (454 kg).
Recommended: 2,000/two 11.1
months (907 kg).
------------------------------------------------------------------------
Table 3--Projected Landings of Canary Rockfish, Canary Rockfish
Allocation, and Projected Percentage of Canary Rockfish South of
40[deg]10' N. Lat. Attained Through the end of the Year by Trip Limit
and Fishery
------------------------------------------------------------------------
Projected
landings
Fishery Trip limits (round weight)
(mt)
------------------------------------------------------------------------
LE South of 40[deg]10' N. lat.. Current: 3,500 lb/two 6.2
months (1,588 kg).
Recommended: 4,000 lb/ 6.5
two months (1,814 kg).
OA South of 40[deg]10' N. lat.. Current: 1,500 lb/two 12.2
months (680 kg).
Recommended: 2,000/two 13.8
months (907 kg).
------------------------------------------------------------------------
Under the current trip limits, the model predicts catches of canary
rockfish coastwide will total 30.9 mt (including discard mortality),
which is 25 percent of the 2022 non-trawl commercial share of canary
rockfish (123.5 mt). Under the Council's recommended trip limits,
canary rockfish mortality is expected to increase to 35 mt coastwide
(including discard mortality), which is 28 percent of the 2022 non-
trawl commercial share of canary rockfish.
Trip limit increases for canary rockfish are intended to increase
attainment of the non-trawl commercial share. The proposed trip limit
increases do not change projected impacts to co-occurring rebuilding
species compared to the impacts anticipated in the 2021-2022 harvest
specifications because the projected impacts to those species assume
that the entire canary rockfish ACL is harvested. Therefore, the
Council recommended and NMFS is implementing, by modifying Table 2
North and South to part 660, subpart E, and Table 3 North and South to
part 660, subpart F, trip limit changes for LE canary rockfish north
and south of 40[deg]10' N lat. and trip limit changes for OA canary
rockfish fishery north and south of 40[deg]10' N lat. as shown above in
Tables 2 and 3. These changes will be implemented through the end of
2022.
Lingcod
Prior to the September 2022 meeting, the GMT also received a
request to increase the lingcod trip limits north of 42[deg] N lat. to
reduce regulatory discarding and increase economic opportunity. Lingcod
is managed with an ACL north of 40[deg]10' N lat. and an ACL south of
40[deg]10' N lat. The 2022 ACL for lingcod north of 40[deg]10' N lat.
is 4,958 mt.
To evaluate potential increases to lingcod trip limits north of
42[deg] N lat., the GMT made model-based landings projections under
current regulations and alternative trip limits, including the limits
ultimately recommended by the Council, for the LE and OA fisheries
through the remainder of the year. Table 4 shows the projected lingcod
landings, the lingcod allocations, and the projected attainment
percentage by fishery under both the current trip limits and the
Council's recommended adjusted trip limits for north of 42[deg] N lat.
These projections were based on the most recent catch information
available through late August 2022.
Table 4--Projected Landings of Lingcod, Lingcod Allocation, and
Projected Percentage of Lingcod North of 42[deg] N lat. Attained Through
the end of the Year by Trip Limit and Fishery
------------------------------------------------------------------------
Projected
landings
Fishery Trip limits (round weight)
(mt)
------------------------------------------------------------------------
LE North of 42[deg] N lat...... Current: 5,000 lb/two 182.76
months (2,268 kg).
OA North of 42[deg] N lat...... Current: 2,500 lb/month
(1,134 kg).
LE North of 42[deg] N lat...... Recommended: 7,000 lb/ 188.76
two months (3,175 kg).
OA North of 42[deg] N lat...... Recommended: 3,500/
month (1,588 kg).
------------------------------------------------------------------------
Under the current trip limits, the model predicts catches of
lingcod north of 42[deg] N lat. will total 182.76 mt, which is 7.1
percent of the 2022 non-trawl allocation of lingcod (2,573.791 mt).
Under the Council's recommended trip
[[Page 59719]]
limits, lingcod mortality north of 42[deg] N lat. is expected to
increase to 188.76 mt, which is 7.3 percent of the 2022 non-trawl
allocation of lingcod (2,573.791 mt).
Trip limit increases for lingcod are intended to marginally
increase attainment of the non-trawl allocation. The proposed trip
limit increases do not appreciably change projected impacts to co-
occurring rebuilding species compared to the impacts anticipated in the
2021-2022 harvest specifications because the projected impacts to those
species assume that the entire lingcod ACL is harvested. Therefore, the
Council recommended and NMFS is implementing, by modifying Table 2
North to part 660, subpart E, and Table 3 North to part 660, subpart F,
trip limit changes for LE and OA lingcod north of 42[deg] N lat. as
shown above in Table 4. These changes will be implemented through the
end of 2022.
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 Keeley Kent in NMFS West Coast
Region (see FOR FURTHER INFORMATION CONTACT, above), or view at the
NMFS West Coast Groundfish website: https://www.fisheries.noaa.gov/species/west-coast-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
increase trip limits for fisheries in Washington, Oregon, and
California to allow additional economic opportunity while keeping catch
within allocations established by the 2021-2022 harvest specifications.
New information became available at the September 2022 Council meeting
showing that updated 2022 catch projections using the most recent
available data were lower 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 trip limit increases are for the LE and OA sectors for sablefish
north of 36[deg] N lat., canary rockfish, and lingcod north of 42[deg]
N lat. These changes are projected to increase economic value of the
fisheries by $283,335 for sablefish, $25,324 for canary, and $10,660
for lingcod as well as reduce regulatory discards in these fisheries.
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).
Delaying implementation to allow for public comment would likely
reduce the economic benefits to the commercial fishing industry and the
businesses that rely on that industry because it is unlikely the new
regulations would publish and could be implemented before the end of
the calendar year. Therefore, providing a comment period for this
action could significantly limit the economic benefits to the fishery,
and would hamper the achievement of optimum yield from the affected
fisheries.
Therefore, the NMFS finds reason to waive the 30-day delay in
effectiveness pursuant to 5 U.S.C. 553(d)(1) so that this final rule
may become effective upon publication in the Federal Register. The
adjustments to management measures in this document affect commercial
fisheries by increasing opportunity and allowing greater economic
benefit. These adjustments were requested by the Council's advisory
bodies, as well as members of industry during the Council's September
2022 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, 2020).
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: September 28, 2022.
Jennifer M. Wallace,
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.
0
2. Revise Table 2 (North) to part 660, subpart E, to read as follows:
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[[Page 59720]]
[GRAPHIC] [TIFF OMITTED] TR03OC22.064
[[Page 59721]]
0
3. Revise Table 2 (South) to part 660, subpart E, to read as follows:
[GRAPHIC] [TIFF OMITTED] TR03OC22.065
[[Page 59722]]
0
4. Revise Table 3 (North) to part 660, subpart F, to read as follows:
[GRAPHIC] [TIFF OMITTED] TR03OC22.066
[[Page 59723]]
0
5. Revise Table 3 (South) to part 660, subpart F, to read as follows:
[GRAPHIC] [TIFF OMITTED] TR03OC22.067
[[Page 59724]]
[GRAPHIC] [TIFF OMITTED] TR03OC22.068
[FR Doc. 2022-21409 Filed 9-30-22; 8:45 am]
BILLING CODE 3510-22-C
