Magnuson-Stevens Act Provisions; Fisheries Off West Coast States; Pacific Coast Groundfish Fishery; Pacific Coast Groundfish Fishery Management Plan; Amendment 30; 2023-24 Biennial Specifications and Management Measures, 62676-62720 [2022-20430]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 660
[Docket No. 220915–0191]
RIN 0648–BL48
Magnuson-Stevens Act Provisions;
Fisheries Off West Coast States;
Pacific Coast Groundfish Fishery;
Pacific Coast Groundfish Fishery
Management Plan; Amendment 30;
2023–24 Biennial Specifications and
Management Measures
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Proposed rule; notice of
availability of a draft environmental
assessment; request for comments.
AGENCY:
This proposed rule would
establish the 2023–24 harvest
specifications for groundfish caught in
the U.S. exclusive economic zone
seaward of Washington, Oregon, and
California, consistent with the
Magnuson-Stevens Fishery
Conservation and Management Act and
the Pacific Coast Groundfish Fishery
Management Plan. This proposed rule
would also revise management
measures intended to keep the total
annual catch of each groundfish stock or
stock complex within the annual catch
limits. These proposed measures are
intended to help prevent overfishing,
rebuild overfished stocks, achieve
optimum yield, and ensure management
measures are based on the best scientific
information available. This proposed
rule would also make minor corrections
to the regulations. Additionally, this
proposed rule announces the receipt of
exempted fishing permit applications.
NMFS has made a preliminary
determination that these applications
warrant further consideration. NMFS
requests public comment on these
applications. This action also would
implement portions of Amendment 30
to the Pacific Coast Groundfish Fishery
Management Plan, which 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. In accordance with
the National Environmental Policy Act
of 1969, as amended, NMFS also
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SUMMARY:
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announces the availability of a draft
environmental assessment that analyzes
the potential effects of the associated
proposed rule.
DATES: Comments must be received no
later than November 14, 2022.
ADDRESSES: Submit your comments on
the proposed rule, draft environmental
assessment, and exempted fishing
permit applications, identified by
NOAA–NMFS–2022–0080, by the
following method:
• Electronic Submissions: 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. The exempted fishing
permit (EFP) applications will be
available under Supporting Documents
through the same link.
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). Please specify whether the
comments provided are associated with
the proposed rule, draft environmental
assessment, or EFP applications.
Electronic Access
This rule is accessible via the internet
at the Office of the Federal Register
website at https://
www.federalregister.gov/. 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. 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 (MagnusonStevens Act) are available from the
Pacific Fishery Management Council’s
website at https://www.pcouncil.org.
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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 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:
I. Background
Chapter 5 of the Pacific Coast
Groundfish Fishery Management Plan
(PCGFMP) requires the Pacific Fishery
Management Council (Council) to assess
the biological, social, and economic
conditions of the Pacific coast
groundfish fishery and use this
information to develop harvest
specifications and management
measures at least biennially. This
proposed rule is based on the Council’s
final recommendations for harvest
specifications and management
measures for the 2023–24 biennium
made at its April and June 2022
meetings.
The Council deemed the proposed
regulations necessary and appropriate to
implement these actions in an August
29, 2022, letter from Council Executive
Director, Merrick Burden, to Acting
Regional Administrator Scott Rumsey.
Under the Magnuson-Stevens Act,
NMFS is required to publish proposed
rules for comment after preliminarily
determining whether they are consistent
with applicable law. We are seeking
comment on the proposed regulations in
this action and whether they are
consistent with the PCGFMP, the
Magnuson-Stevens Act and its National
Standards, and other applicable law.
Concurrent with this proposed rule,
NMFS also published a Notice of
Availability (NOA) to announce the
proposed Amendment 30 to the
PCGFMP. The NOA requests public
review and comment on proposed
changes to the Council fishery
management plan document (87 FR
54445; September 6, 2022). Public
comments are being solicited on the
amendment through November 7, 2022,
the end of the comment period for the
NOA. Public comments on the proposed
rule must be received by the end of the
comment period on the Amendment, as
published in the NOA, to be considered
in the approval/disapproval decision on
the Amendment. All comments received
by the end of the comment period on
the amendment, whether specifically
directed to the Amendment, or the
proposed rule, will be considered in the
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approval/disapproval decision.
Comments received after that date will
not be considered in the approval/
disapproval decision on the
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.
An action included in this proposed
rule would affect the season dates for
the retention of incidentally caught
halibut in the sablefish primary fishery
north of Point Chehalis. The Northern
Pacific Halibut Act of 1982 (Halibut
Act), 16 U.S.C. 773–773k, gives the
Secretary of Commerce (Secretary)
responsibility for implementing the
provisions of the Convention between
Canada and the United States for the
Preservation of the Halibut Fishery of
the North Pacific Ocean and Bering Sea
(Halibut Convention), signed at Ottawa,
Ontario, on March 2, 1953, as amended
by a Protocol Amending the Convention
(signed at Washington, DC, on March
29, 1979). The Halibut Act requires that
the Secretary adopt regulations to carry
out the purposes and objectives of the
Halibut Convention and Halibut Act (16
U.S.C. 773c). Additionally, as provided
in the Halibut Act, the Regional Fishery
Management Councils having authority
for the geographic area concerned may
develop, and the Secretary of Commerce
may implement, regulations governing
harvesting privileges among U.S.
fishermen in U.S. waters that are in
addition to, and not in conflict with,
approved International Pacific Halibut
Commission (IPHC) regulations (16
U.S.C. 773c(c)).
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A. Specification and Management
Measure Development Process
In 2021, the Northwest Fisheries
Science Center (NWFSC) conducted full
stock assessments for Dover sole,
lingcod, vermilion rockfish/sunset
rockfish, and spiny dogfish. The
NWFSC conducted data moderate
assessments for copper rockfish,
quillback rockfish, and squarespot
rockfish off California. The NWFSC
conducted an update assessment of
sablefish. Additionally, the NWFSC
reviewed catch-only assessment updates
for a number of previously assessed
stocks (arrowtooth flounder, petrale
sole, canary rockfish and darkblotched
rockfish), as well as a new yelloweye
rockfish catch report. The NWFSC did
not update assessments for the
remaining stocks, so harvest
specifications for these stocks are based
on assessments from previous years.
The full stock assessments used to set
catch limits for this biennium are
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available on the Council’s website
(https://www.pcouncil.org/).
The Council’s stock assessment
review panel (STAR panel) reviewed the
stock assessments, including
assessments on stocks for which some
biological indicators are available, as
described below, for technical merit,
and to determine that each stock
assessment document was sufficiently
complete. Finally, the Council’s
Scientific and Statistical Committee
(SSC) reviewed the stock assessments
and STAR panel reports and made its
recommendations to the Council
(Agenda Item G.5, June 2021 Council
meeting; Agenda Item C.6, September
2021 Council Meeting; Agenda Item E.2,
November 2021 Council Meeting).
The Council considered the new stock
assessments, stock assessment updates,
catch-only updates, public comment,
recommendations from the SSC, and
advice from its advisory bodies over the
course of six Council meetings during
development of its recommendations for
the 2023–24 harvest specifications and
management measures. At each Council
meeting between June 2021 and June
2022, the Council made a series of
decisions and recommendations that
were, in some cases, refined after further
analysis and discussion. Agenda Item
G.6, Supplemental Revised Attachment
1, June 2021 describes the Council’s
meeting schedule for developing the
2023–24 biennial harvest specifications.
Additionally, detailed information,
including the supporting documentation
the Council considered at each meeting,
is available at the Council’s website,
www.pcouncil.org.
The 2023–24 biennial management
cycle was the fourth cycle following
PCGFMP Amendment 24 (80 FR 12567,
March 10, 2015), which established
default harvest control rules and was
analyzed through an Environmental
Impact Statement (EIS) (Final
Environmental Impact Statement for
Pacific Coast Groundfish Harvest
Specifications and Management
Measures for 2015–2016 and Biennial
Periods Thereafter, and Amendment 24
to the PCGFMP, published January
2015). The EIS described the ongoing
implementation of the PCGFMP and
default harvest control rules. Under
Amendment 24, the default harvest
control rules used to determine the
previous biennium’s harvest
specifications (i.e., overfishing limits
(OFLs), acceptable biological catches
(ABCs), and annual catch limits (ACLs))
are applied automatically to the best
scientific information available to
determine the future biennium’s harvest
specifications. NMFS implements
harvest specifications based on the
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default harvest control rules used in the
previous biennium unless the Council
makes a recommendation to deviate
from the default. Therefore, this rule
implements the default harvest control
rules, consistent with the last biennium
(2021–22), for most stocks, and
discusses Council-recommended
departures from the defaults. The draft
EA supporting this action identifies the
preferred harvest control rules,
management measures, and other
management changes that were not
described in the 2015 EIS, and will be
posted on the NMFS West Coast Region
webpage (see Electronic Access).
Information regarding the OFLs,
ABCs, and ACLs proposed for
groundfish stocks and stock complexes
in 2023–24 is presented below, followed
by a discussion of the proposed
management measures for commercial
and recreational groundfish fisheries.
II. Proposed Harvest Specifications
This proposed rule would set 2023–24
harvest specifications and management
measures for 127 of the 128 groundfish
stocks or management units which
currently have ACLs or ACL
contributions to stock complexes
managed under the PCGFMP, except for
Pacific whiting. Pacific whiting harvest
specifications are established annually
through a separate bilateral process with
Canada.
The proposed OFLs, ABCs, and ACLs
are based on the best available
biological and socioeconomic data,
including projected biomass trends,
information on assumed distribution of
stock biomass, and revised technical
methods used to calculate stock
biomass. The PCGFMP specifies a series
of three stock categories for the purpose
of setting maximum sustainable yield
(MSY),1 OFLs, ABCs, ACLs, and
rebuilding standards. Category one
represents the highest level of
information quality available, while
category three represents the lowest.
Category one stocks are the relatively
few stocks for which the NWFSC can
conduct a ‘‘data rich’’ quantitative stock
assessment that incorporates catch-atage, catch-at-length, or other data. The
SSC can generally calculate OFLs and
overfished/rebuilding thresholds for
these stocks, as well as ABCs, based on
the uncertainty of the biomass estimated
within an assessment or the variance in
biomass estimates between assessments
for all stocks in this category. The set of
category two stocks includes a large
number of stocks for which some
1 MSY is the largest long-term average catch that
can be taken from a fish stock under prevailing
environmental and fishery conditions.
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biological indicators are available, yet
status is based on a ‘‘data-moderate’’
quantitative stock assessment. The
category three stocks include minor
stocks which are caught, but for which
there is, at best, only information on
landed biomass. For stocks in this
category, there is limited data available
for the SSC to quantitatively determine
MSY, OFL, or an overfished threshold.
Typically, catch-based methods (e.g.,
depletion-based stock reduction
analysis, depletion corrected average
catch, and average catches) are used to
determine the OFL for category three
stocks. A detailed description of each of
these categories can be found in Section
4.2 of the PCGFMP.
A. Proposed OFLs for 2023 and 2024
The OFL serves as the maximum
amount of fish that can be caught in a
year without resulting in overfishing.
Overfishing occurs when a stock has a
harvest rate, denoted as Fx%, is set
higher than the rate that produces the
stock’s MSY. The SSC derives OFLs for
groundfish stocks with stock
assessments by applying the harvest rate
to the current estimated biomass (B).
Harvest rates represent the rates of
fishing mortality (F) that will reduce the
female spawning potential ratio (SPR) to
X percent of its unfished level. As an
example, a harvest rate of F40% is more
aggressive than F45% or F50% harvest
rates because F40% allows more fishing
mortality on a stock (as it allows a
harvest rate that would reduce the stock
to 40 percent of its unfished level). The
OFL does not account for scientific or
management uncertainty, so the SSC
typically recommends an ABC that is
lower than the OFL in order to account
for this uncertainty. Usually, the greater
the amount of scientific uncertainty, the
lower the ABC is set compared to the
OFL.
For 2023–24, the Council maintained
its policy of using a default harvest rate
as a proxy for the fishing mortality rate
that is expected to achieve FMSY. The
Council also maintained the same
default harvest rate proxies as used in
the 2021–22 biennium, based on the
SSC’s recommendations: F30% for
flatfish (meaning an SPR harvest rate
that would reduce the stock to 30
percent of its unfished level), F50% for
rockfish (including longspine and
shortspine thornyheads), F50% for
elasmobranchs, and F45% for other
groundfish such as sablefish and
lingcod. For unassessed stocks, the
Council recommended using a historical
catch-based approach (e.g., average
catch, depletion-corrected average
catch, or depletion-based stock
reduction analysis) to set the OFL. See
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Tables 1a and 2a to Part 660, Subpart C
in the proposed regulatory text
supporting this rule for the proposed
2023–24 OFLs.
The SAFE document for 2022,
includes a detailed description of the
scientific basis for all of the SSCrecommended OFLs proposed in this
rule, and is available at the Council’s
website, www.pcouncil.org.
B. Proposed ABCs for 2023 and 2024
The ABC is the stock or stock
complex’s OFL reduced by an amount
associated with scientific uncertainty.
The SSC-recommended P star-sigma
approach determines the amount by
which the OFL is reduced to account for
this uncertainty. Under this approach,
the SSC recommends a sigma (s) value.
The s value is generally based on the
scientific uncertainty in the biomass
estimates generated from stock
assessments and is usually related to the
stock category. After the SSC determines
the appropriate s value, the Council
chooses a P star (P*) based on its chosen
level of risk aversion to address the
consequences of the stock being
elsewhere within the uncertainty
represented by sigma.
A P* of 0.5 equates to no additional
reduction beyond the s value reduction.
The PCGFMP specifies the upper limit
of P* will be 0.45. The P*-sigma
approach is discussed in detail in the
proposed and final rules for the 2011–
12 (75 FR 67810, November 3, 2010; 76
FR 27508, May 11, 2011) and 2013–14
(77 FR 67974, November 12, 2012; 78
FR 580, January 3, 2013) biennial
harvest specifications and management
measures.
The SSC quantified major sources of
scientific uncertainty in the estimates of
OFLs and generally recommended a s
value of 0.5 for category one stocks, a s
value of 1.0 for category two stocks, and
a s value of 2.0 for category three stocks.
For category two and three stocks, there
is greater scientific uncertainty in the
OFL estimate because the assessments
for these stocks are informed by less
data than the assessments for category
one stocks. Therefore, the scientific
uncertainty buffer is generally greater
than that recommended for stocks with
data-rich stock assessments. Assuming
the same P* is applied, a larger s value
results in a larger reduction from the
OFL. For 2023–24, the Council
continued the general policy of using
the SSC-recommended s values for each
stock category.
For 2023–24, the Council maintained
the P* policies it established for the
previous biennium for most stocks,
except when calculating the
contribution of black rockfish to the
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Oregon blue/deacon/black rockfish
complex. The Council considered
alternative P* values for lingcod south
of 40°0′ N lat., lingcod north of 40°10′
N lat., sablefish, spiny dogfish,
vermilion and sunset rockfishes south of
4010′ N lat., and vermilion and sunset
rockfishes north of 40°0′ N lat., but
ultimately decided to maintain the
default P* value used in the previous
biennium. The Council recommended
using P* values of 0.45 for all
individually managed category one
stocks, except yelloweye rockfish.
Combining the category one s value of
0.5 with the P* value of 0.45 results in
a reduction of 6.1 percent from the OFL
when deriving the ABC. For category
two stocks, the Council’s general policy
was to apply a P* of 0.4, with a few
exceptions. The Council recommended
applying a P* of 0.45 for big skate,
English sole, lingcod south of 40°10′ N
lat., lingcod north of 40°10′ N lat.,
longnose skate, Pacific ocean perch, and
all of the stocks managed in the Oregon
blue/deacon/black rockfish complex,
Nearshore Rockfish complexes, Shelf
Rockfish Complexes, Slope Rockfish
complexes, and the Other Fish complex.
When combined with the s values of
1.00 for category two, a P* value of 0.45
corresponds to an 11.8 percent
reduction and a P* value of 0.40
corresponds to a 22.4 percent reduction.
For category three stocks, the Council’s
general policy was to apply a P* value
of 0.45 for these stocks, except the
Council recommended a P* value of
0.40 for cowcod between 40°10′ N lat.
and 34°27′ N lat., Pacific cod, starry
flounder, and all stocks in the Other
Flatfish complex. When combined with
the s values of 2.00 for category three,
a P* value of 0.45 corresponds to 22.2
percent reduction and a P* value of 0.40
corresponds to a 39.8 percent reduction.
See Table 1–3 of Agenda F.3,
Supplemental Revised Attachment 1,
April 2022 Council meeting for the full
description of s and P* values by stock.
See Tables 1a and 2a to Part 660,
Subpart C in the in the proposed
regulatory text of this proposed rule for
the proposed 2023–24 ABCs.
C. Proposed ACLs for 2023 and 2024
The Council recommends ACLs for
each groundfish stock or management
unit as defined in the PCGFMP. To
determine the ACL for each stock, the
Council will determine the best estimate
of current stock abundance and its
relation to the precautionary and
overfished/rebuilding thresholds. Under
the PCGFMP, the biomass level that
produces MSY, or BMSY, is defined as
the precautionary threshold. When the
biomass for an assessed category one or
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two stock falls below BMSY, the ACL is
set below the ABC using a harvest rate
reduction to help the stock return to the
BMSY level, which is the management
target for groundfish stocks. If a stock
biomass is larger than BMSY, the ACL
may be set equal to the ABC, or the ACL
may be set below the ABC to address
conservation objectives, socioeconomic
concerns, management uncertainty, or
other factors necessary to meet
management objectives. The overfished/
rebuilding threshold is 25 percent of the
estimated unfished biomass level for
non-flatfish stocks or 50 percent of
BMSY, if known. The overfishing/
rebuilding threshold for flatfish stocks is
12.5 percent of the estimated unfished
biomass level. When a stock is below
BMSY (the precautionary threshold) but
above the overfishing/rebuilding
threshold, it is considered to be in the
precautionary zone.
Under PCGFMP Amendment 24, the
Council set up default harvest control
rules, which established default policies
that would be applied to the best
available scientific information to set
ACLs each biennial cycle, unless the
Council has reasons to diverge from that
harvest control rule. A complete
description of the default harvest
control rules for setting ACLs is
described in the proposed and final rule
for the 2015–16 harvest specifications
and management measures and
PCGFMP Amendment 24 (80 FR 687,
January 6, 2015; 80 FR 12567, March 10,
2015).
The PCGFMP defines the 40–10
harvest control rule for stocks with a
BMSY proxy of B40% that are in the
precautionary zone as the standard
reduction. The analogous harvest
control rule with the standard reduction
for assessed flatfish stocks is the 25–5
harvest control rule for flatfish stocks
with a BMSY proxy of B25%. The further
the stock biomass is below the
precautionary threshold, the greater the
reduction in ACL relative to the ABC,
until at B10% for a stock with a BMSY
proxy of B40%, or B5% for a stock with
a BMSY proxy of B25%, the ACL would
be set at zero.
Under the PCGFMP, harvest control
rules are typically applied at the
component species level for stock
complexes to calculate ACLs. Resulting
contribution values of each component
species, or ACL contributions, are
summed to equal the stock complex
ACLs. For example the ACL
contributions of black rockfish off of
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Oregon and quillback rockfish
contribute to the overall ACL for Oregon
black/deacon/blue rockfish stock
complex and the Nearshore Rockfish
complexes respectively.
Under the PCGFMP, the Council may
recommend setting the ACL at a
different level than what the default
harvest control rules specify as long as
the ACL does not exceed the ABC and
complies with the requirements of the
Magnuson-Stevens Act (see the Analysis
for information on the MagnusonStevens Act). For most of the stocks and
stock complexes managed with harvest
specifications for 2023–24, the Council
chose to maintain the default harvest
control rules from the previous biennial
cycle. For the Oregon black/deacon/blue
rockfish stock complex and the
Nearshore Rockfish complexes, the
Council recommended deviating from
the default harvest control rule by
changing how the contribution of black
rockfish off of Oregon and quillback
rockfish off of California are calculated.
Table 1 presents a summary table of the
proposed changes to default harvest
control rules for certain stocks for 2023–
24. Each of these changes is discussed
further below.
TABLE 1—PROPOSED CHANGES TO HARVEST CONTROL RULES FOR 2023–24
Stock complex
component
Black Rockfish off of
Oregon.
Quillback Rockfish off
of California.
ACL contribution to stock complex a b
Alternative
Harvest control rule
Default ........................
ACL contribution = ABC (P* = 0.45) .................
477 mt (2023), 471 mt (2024).
Proposed change .......
Default ........................
ACL contribution = 2020 ABC ..........................
ACL contribution < ABC with the 40–10 adjustment c off California only (P* = 0.45).
ACL contribution < ABC (SPR 0.55; P* 0.45)
512 mt (2023), 512 mt (2024).
2023 statewide ACL contribution = 0.11 mt;
2024 statewide ACL contribution = 0.42 mt.
2023 statewide ACL contribution = 1.76 mt;
2024 statewide ACL contribution = 1.93 mt.
Proposed change .......
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a Default ACL is for 2023 and 2024 under the default harvest control rule, Proposed change ACL is for 2023 and 2024 under the alternative
harvest specifications.
b The ACL contribution for quillback rockfish off of California are apportioned to create the ACL contributions to the nearshore rockfish complexes north and south of 40° 10′ N lat. The apportionment was determined by the proportion of catch between 2005 and 2020 north and south
of 40°10′ N lat. in California where 49.6 percent of the statewide ACL is apportioned to the area between 42° and 40°10′ N lat. for the California
contribution to the northern complex, and 50.4 percent to the area south of 40°10′ N lat. for the contribution to the southern complex.
c The 40–10 adjustment is applied to only some component species when calculating the complex ACL, where a precautionary reduction is
warranted, per the PCGFMP at section 4.6.1. The 40–10 adjustment reduces the harvest rate to help the stock return to the maximum sustainable yield level.
Oregon Black Rockfish
Oregon black rockfish is a category
two stock, managed as part of the
Oregon blue/deacon/black rockfish
complex. Oregon black rockfish was
first assessed as a single stock in 2015.
In 2019, the Oregon black rockfish stock
was estimated to be at 56 percent of its
unfished spawning output. For 2021–22,
the NWFSC conducted a catch-only
update to the 2015 assessment by
adding realized catch data from 2015–
2018 and estimates of catch for 2019
and 2020. For 2021–2022, the Council
recommended and NMFS approved a
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departure from the default harvest
control rule on a case-specific basis to
adopt an ABC for both years equal to the
2020 value (512 metric tons). The intent
of the departure was to provide fishery
stability, without significantly affecting
stock status.
Black rockfish is the primary target
stock for nearshore recreational and
commercial fisheries in Oregon and
attainment of the ACL contribution is
high. In 2017, Oregon recreational
fisheries were shut down early because
of black rockfish concerns, and the
Council received public testimony as to
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the severe negative consequences for
charter business operators and touristrevenue dependent coastal communities
resulting from this closure. Due to the
constraining nature of black rockfish in
Oregon and the biomass level being
above the precautionary threshold, the
Oregon Department of Fish and Wildlife
(ODFW) recommended an alternative
harvest control rule where the 2020
ABC of 512 mt is specified in 2023 and
2024, and the ACL contributions are set
equal to ABCs. The Magnuson-Stevens
Act and the PCGFMP allow the SSC to
recommend an ABC that differs from the
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ABC control rule on a case by case basis,
provided the SSC offers justification for
its recommended deviation. In 2025, the
current default harvest control rule
(ABC=ACL, P* of 0.45) would once
again apply to Oregon black rockfish.
Catch-only projections for black
rockfish (Agenda Item E.3, Attachment
3, November 2021) were completed for
two scenarios that differed according to
the timeframe for which ABCs/ACL
contributions of 512 mt were assumed
(2021–2022 vs 2021–2024). For both
scenarios, previously assumed catch
projections for 2019 and 2020 were
replaced with the lower observed
catches for those years. Under both
scenarios, the long-term projections
result in a projected stock biomass at 54
percent of its unfished spawning output
in 2032. Stocks with biomass estimates
greater than 40 percent depletion are
above the precautionary thresholds in
the PCGFMP. Because the biomass is the
same under either scenario, the SSC
endorsed this alternative harvest control
rule for use in 2023–24.
Therefore based on the Analysis, the
Council has recommended and NMFS is
proposing alternative harvest
specifications for black rockfish off of
Oregon as part of the Oregon blue/
deacon/black rockfish complex. The
alternative harvest control rule would
implement an ACL for the 2023 and
2024 biennium of 512 mt in each year.
This ACL contributes to the overall
stock complex ACL.
Quillback Rockfish Off California
Quillback rockfish is managed as part
of the Nearshore Rockfish complexes
north and south of 40°10′ N lat.
Quillback rockfish was assessed in 2021
(Agenda Item E.2, Attachment 4,
November 2021). Due to differences in
data availability and fishery
exploitation, the quillback rockfish
assessment split the species into three
separate assessment areas by state
boundary line. For purposes of stock
status determination (i.e., whether the
stock or stock complex is subject to
overfishing or overfished), the
assessments were combined to reflect
(1) the status of quillback rockfish as a
part of the nearshore rockfish complexes
and (2) that quillback rockfish off
California are not a stock defined
separately from quillback rockfish off
Oregon and Washington. However, the
individual assessment areas suggested
differences in abundance and potential
localized depletion, which are
addressed through this action as
described below. The assessment for the
portion of quillback rockfish off
California indicated that portion is
depleted.
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The Council recommended, and
NMFS proposes, applying the default
harvest control rule, P* 0.45, for
quillback rockfish off of Washington
and Oregon. Under the default harvest
control rule for the portion quillback
rockfish off of California, a
precautionary adjustment (i.e., the 40–
10 adjustment) would be applied.
However, the Council anticipated
scientific information about the
population dynamics of the various
stocks would improve over time. This
information would result in improved
estimates of appropriate harvest rates
and the default values from the 40–10
adjustment could be replaced. In
response to the best available scientific
information related to the depletion
specific to the portion of quillback
rockfish off California estimated in the
assessment, the Council recommended
additional steps to reduce mortality in
that assessment area. The Council
considered a range of alternative harvest
control rules for the portion of quillback
rockfish off California based on the
January 2022 draft rebuilding analysis
which is available at https://
www.pcouncil.org/stock-assessmentsstar-reports-stat-reports-rebuildinganalyses-terms-of-reference/groundfishstock-assessment-documents/. The
Council’s SSC endorsed the rebuilding
analysis for use in management, with
which the alternative harvest control
rules are consistent. However, as noted
above, because for status determination
purposes in the 2023–2024 biennium,
quillback rockfish off California are not
a stock defined separately from
quillback rockfish off Oregon and
Washington and are part of a stock
complex. NMFS has not determined that
any stock or stock complex is overfished
and development of a rebuilding plan is
not required.
The Council recommended setting the
California statewide ACL contribution
of quillback rockfish to the complexes
below the statewide ABC contribution
of quillback rockfish to the complexes to
allow the spawning output of quillback
rockfish in this assessment area to
increase toward the management target.
The statewide harvest specifications
were then apportioned to create the ACL
contributions to the nearshore rockfish
complexes north and south of 40°10′ N
lat. The apportionment was determined
by the proportion of catch between 2005
and 2020 north and south of 40°10′ N
lat. in California where 49.6 percent of
the statewide ACL is apportioned to the
area between 42° and 40°10′ N lat. for
the California contribution to the
northern complex, and 50.4 percent to
the area south of 40°10′ N lat. for the
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contribution to the southern complex.
The California statewide ACL was used
to inform the Council’s recommendation
on harvest specifications for the
nearshore rockfish complexes, and
precautionary management measures for
quillback rockfish (see Sections III.G,
III.M, and III.N).
Therefore, based on the best scientific
information available as detailed in the
Analysis and Agenda Item F.6.a
Supplemental Groundfish Management
Team Report 2, June 2022, the Council
has recommended, and NMFS is
proposing, alternative harvest
specifications for quillback rockfish as
part of the Nearshore Rockfish
complexes north and south of 40°10′ N
lat. The alternative harvest control rule
would implement a statewide ACL
contribution of 1.76 mt in 2023 and 1.93
mt in 2024. Based on the apportionment
described above, the ACL contribution
for the portion of quillback rockfish off
of California to the Nearshore Rockfish
complex north of 40°10′ N lat. would be
0.87 mt in 2023 and 0.89 mt in 2024.
The ACL contribution for the portion of
quillback rockfish off of California to the
Nearshore Rockfish complex south of
40°10′ N lat. would be 0.96 mt in 2023
and 0.97 mt in 2024.
Stocks in Rebuilding Plans
When NMFS declares a stock
overfished, the Council must develop
and manage the stock in accordance
with a rebuilding plan. For overfished
stocks in the PCGFMP, this means that
the harvest control rule for overfished
stocks sets the ACL based on the
rebuilding plan. The proposed rules for
the 2011–12 (75 FR 67810, November 3,
2010) and 2013–14 (77 FR 67974,
November 14, 2012) harvest
specifications and management
measures contain extensive discussions
on the management approach used for
overfished stocks, which are not
repeated here. In addition, the SAFE
document posted on the Council’s
website at https://www.pcouncil.org/
groundfish/safe-documents/ contains a
detailed description of each overfished
stock, its status and management, as
well as the SSC’s approach for
rebuilding analyses. This document
provides information on yelloweye
rockfish, which is the only remaining
rebuilding stock in the PCGFMP. NMFS
declared yelloweye rockfish overfished
in 2002. The Council adopted a
rebuilding plan for the stock in 2004,
and revised the rebuilding plan in 2011
under Amendment 16–4 to the
PCGFMP, and again during the 2019–20
biennium (83 FR 63970, December 12,
2018). The Council proposed yelloweye
rockfish ACLs for 2023 and 2024 are
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based on the current yelloweye rockfish
rebuilding plan, so additional details are
not repeated here. Appendix F to the
PCGFMP contains the most recent
rebuilding plan parameters, as well as a
history of each overfished stock, and
can be found at https://
www.pcouncil.org/groundfish/
fisherymanagement-plan/.
Additionally, the Council
recommended, and NMFS is proposing,
to establish annual catch targets (ACTs)
within the non-trawl allocation harvest
guideline (HG). The non-trawl sector
includes the limited entry fixed gear
(LEFG) and open access (OA) fisheries
as well as the recreational fisheries for
Washington, Oregon, and Californ ia.
The nearshore fisheries occur seaward
62681
of Oregon and California and are subject
to both Federal and state HGs as well as
other state-specific management
measures. The non-nearshore fisheries
include the limited entry and Federal
open access fixed gear fleets. Tables 2
and 3 outline the proposed harvest
specifications for 2023 and 2024 for
yelloweye rockfish.
TABLE 2—2023 HARVEST SPECIFICATIONS FOR YELLOWEYE ROCKFISH
All sectors ............................................................................
Non-trawl .......................................................................
Non-Nearshore ......................................................
Nearshore
Washington Recreational ......................................
Oregon Recreational .............................................
California Recreational ..........................................
Trawl .............................................................................
OFL
(mt)
ABC
(mt)
ACL
(mt)
HG
(mt)
ACT
(mt)
123
........................
........................
103
........................
........................
66
........................
........................
55.3
50.9
10.7
........................
39.9
8.4
........................
........................
........................
........................
........................
........................
........................
........................
........................
........................
........................
........................
13.2
11.7
15.3
4.4
10.4
9.2
12.0
........................
TABLE 3—2024 HARVEST SPECIFICATIONS FOR YELLOWEYE ROCKFISH
All sectors ............................................................................
Non-trawl .......................................................................
Non-Nearshore ......................................................
Nearshore
Washington Recreational ......................................
Oregon Recreational .............................................
California Recreational ..........................................
Trawl .............................................................................
The Council recommended using
ACTs for the non-trawl sector as a
precaution. As discussed in the
Analysis, because yelloweye rockfish
catch has been restricted for many years,
it is difficult to project encounter rates.
This precautionary approach to higher
catch limits would allow more access to
target fisheries for the non-trawl sector,
while also managing for the uncertainty
and volatility in catch of this rebuilding
stock by this sector.
D. Summary of ACL Changes From 2022
to 2023–24
Table 4 compares the ACLs for major
stocks and stock complexes for 2022
OFL
(mt)
ABC
(mt)
ACL
(mt)
123
........................
........................
103
........................
........................
66
........................
........................
55.3
50.9
10.7
........................
39.9
8.4
........................
........................
........................
........................
........................
........................
........................
........................
........................
........................
........................
........................
13.2
11.7
15.3
4.4
10.4
9.2
12.0
........................
and 2023–24. Under this proposed rule,
of the 42 stocks and stock complexes
managed with ACLs in 2022, 8 stocks
would have higher ACLs in 2023 and
2024 than in 2022, 23 would have ACLs
that would decrease in 2023 from 2022,
and 7 would have ACLs that would be
close to the amount in place in 2022.
Three stocks (Dover sole, Pacific cod,
and starry flounder), and one stock
complex (Other fish), would have the
same ACLs in 2022, 2023, and 2024.
Under this proposed rule, the ACL for
yelloweye rockfish would increase by
29.4 percent. This is based on the
projections from the 2017 rebuilding
analysis and the default harvest control
HG
(mt)
ACT
(mt)
rule specifying ACLs based on the SPR
harvest rate of 65 percent. This
predicted slow rate of rebuilding is
anticipated for this slow growing
species. One stock (arrowtooth flounder)
has an ACL that would increase more
than 100 percent. This increase is due
to new information provided in the
2021 catch-only assessment update. The
37.5 percent increase in sablefish north
of 36° N lat. is due to new information
from the update assessment of sablefish.
The 31.1 percent decrease in lingcod
south of 40°10′ N lat. is due to new
information provided in the 2021 stock
assessment.
TABLE 4—ACLS FOR MAJOR STOCKS AND MANAGEMENT UNITS FOR 2022, AND 2023–24
jspears on DSK121TN23PROD with PROPOSALS5
Stock/complex
ACL
(mt)
Area
2022
YELLOWEYE ROCKFISH ................
Arrowtooth Flounder .........................
Big Skate ...........................................
Black Rockfish ..................................
Black Rockfish ..................................
Bocaccio ............................................
Cabezon ............................................
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Coastwide .........................................
Coastwide .........................................
Coastwide .........................................
WA ....................................................
CA ....................................................
S of 40°10′ .......................................
CA ....................................................
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51
8,458
1,389
291
341
1,724
195
2023
2024
66
18,632
1,320
290
334
1,842
182
E:\FR\FM\14OCP5.SGM
14OCP5
66
14,178
1,267
289
329
1,828
171
Percent
change
2022 to 2023
29.4
120.3
¥5.0
¥0.3
¥2.1
6.8
¥6.7
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TABLE 4—ACLS FOR MAJOR STOCKS AND MANAGEMENT UNITS FOR 2022, AND 2023–24—Continued
Stock/complex
ACL
(mt)
Area
2022
Cabezon/Kelp Greenling ...................
Cabezon/Kelp Greenling ...................
California Scorpionfish ......................
Canary Rockfish ................................
Chilipepper ........................................
Cowcod .............................................
Darkblotched Rockfish ......................
Dover Sole ........................................
English Sole ......................................
Lingcod ..............................................
Lingcod ..............................................
Longnose Skate ................................
Longspine Thornyhead .....................
Longspine Thornyhead .....................
Pacific Cod ........................................
Pacific Ocean Perch .........................
Petrale Sole ......................................
Sablefish ...........................................
Sablefish ...........................................
Shortspine Thornyhead .....................
Shortspine Thornyhead .....................
Spiny Dogfish ....................................
Splitnose ...........................................
Starry Flounder .................................
Widow Rockfish ................................
Yellowtail Rockfish ............................
Blue/Deacon/Black Rockfish .............
Nearshore Rockfish North ................
Nearshore Rockfish South ................
Other Fish .........................................
Other Flatfish ....................................
Shelf Rockfish North .........................
Shelf Rockfish South ........................
Slope Rockfish North ........................
Slope Rockfish South .......................
WA ....................................................
OR ....................................................
Coastwide .........................................
Coastwide .........................................
S of 40°10′ .......................................
S of 40°10′ .......................................
Coastwide .........................................
Coastwide .........................................
Coastwide .........................................
N of 40°10′ .......................................
S of 40°10′ .......................................
Coastwide .........................................
N of 34°27′ .......................................
S of 34°27′ .......................................
Coastwide .........................................
N of 40°10′ .......................................
Coastwide .........................................
N of 36° ............................................
S of 36° ............................................
N of 34°27′ .......................................
S of 34°27′ .......................................
Coastwide .........................................
S of 40°10′ .......................................
Coastwide .........................................
Coastwide .........................................
N of 40°10′ .......................................
OR ....................................................
N of 40°10′ .......................................
S of 40°10′ .......................................
Coastwide .........................................
Coastwide .........................................
N of 40°10′ .......................................
S of 40°10′ .......................................
N of 40°10′ .......................................
S of 40°10′ .......................................
17
190
275
1,307
2,259
82
831
50,000
9,101
4,958
1,172
1,761
2,452
774
1,600
3,711
3,660
6,172
2,203
1,393
737
1,585
1,630
392
13,788
5,831
600
77
1,010
223
4,838
1,450
1,428
1,568
705
2023
2024
20
185
262
1,284
2,183
80
785
50,000
9,018
4,378
726
1,708
2,295
725
1,600
3,573
3,485
8,486
2,338
1,359
719
1,456
1,592
392
12,624
5,666
597
93
887
223
4,862
1,283
1,469
1,540
701
17
180
252
1,267
2,121
79
750
50,000
8,960
3,854
722
1,660
2,162
683
1,600
3,443
3,285
7,780
2,143
1,328
702
1,407
1,553
392
11,482
5,560
594
91
891
223
4,874
1,278
1,469
1,516
697
Percent
change
2022 to 2023
17.6
¥2.6
¥4.7
¥1.8
¥3.4
¥2.4
¥5.5
0.0
¥0.9
¥11.7
¥38.1
¥3.0
¥6.4
¥6.3
0.0
¥3.7
¥4.8
37.5
6.1
¥2.4
¥2.4
¥8.1
¥2.3
0.0
¥8.4
¥2.8
¥0.5
20.8
¥11.2
0.0
0.5
¥11.5
2.9
¥1.8
¥0.6
jspears on DSK121TN23PROD with PROPOSALS5
Note: Rebuilding stocks are capitalized.
III. Proposed Management Measures
This section describes proposed
management measures used to further
allocate the ACLs to the various
components of the fishery (i.e., biennial
fishery harvest guidelines and setasides) and management measures to
control fishing. Management measures
for the commercial fishery modify
fishing behavior during the fishing year
to ensure catch does not exceed the
ACL, and include trip and cumulative
landing limits, time/area closures, size
limits, and gear restrictions.
Management measures for the
recreational fisheries include bag limits,
size limits, gear restrictions, fish
dressing requirements, and time/area
closures.
A. Deductions From the ACLs
Before making allocations to the
primary commercial and recreational
components of groundfish fisheries, the
Council recommends ‘‘off-the-top
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deductions,’’ or deductions from the
ACLs to account for anticipated
mortality for certain types of activities:
harvest in Pacific Coast treaty Indian
tribal fisheries; harvest in scientific
research activities; harvest in nongroundfish fisheries (incidental catch);
and harvest that occurs under EFPs.
These off-the-top deductions are
proposed for individual stocks or stock
complexes and can be found in the
footnotes to Tables 1a and 2a to part
660, subpart C in the regulatory text of
this proposed rule. The details of the
EFPs are discussed below in Section
III.H.
B. Tribal Fisheries
The Quileute Tribe, Quinault Indian
Nation, Makah Indian Tribe, and Hoh
Indian Tribe (collectively, ‘‘the Pacific
Coast Tribes’’) implement management
measures for Tribal fisheries both
independently as sovereign
governments and cooperatively with the
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management measures in the Federal
regulations. The Pacific Coast Tribes
work through the Pacific Fishery
Management Council process to
maintain groundfish set-asides, harvest
guidelines, and allocations pursuant to
treaty fishing rights and as co-managers
of the resource. The Pacific Coast Tribes
may adjust their Tribal fishery
management measures inseason to stay
within the Tribal set-asides and
allocations and within the estimated
impacts to overfished stocks. Table 5
provides the proposed Tribal harvest
set-asides and allocations proposed for
the 2023–24 biennium for groundfish
species other than Pacific whiting,
which is allocated through a separate
annual specifications process. These
targets are consistent with the 2022
targets, with the exception of Pacific
ocean perch (increased to 130 mt) and
darkblotched rockfish (increased to 5
mt).
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62683
TABLE 5—PROPOSED TRIBAL HARVEST SET-ASIDES AND ALLOCATIONS FOR THE 2023–24 BIENNIUM COMPARED TO
THOSE IN PLACE IN 2022
Off the top deduction
Stock
2022
(mt)
Arrowtooth Flounder ................................................................................................................................................
Big Skate .................................................................................................................................................................
WA Black Rockfish ..................................................................................................................................................
Canary Rockfish ......................................................................................................................................................
Darkblotched Rockfish .............................................................................................................................................
Dover Sole ...............................................................................................................................................................
English Sole .............................................................................................................................................................
Lingcod N of 40°10′ N lat ........................................................................................................................................
Longnose Skate .......................................................................................................................................................
Longspine Thornyhead N of 34°27′ N lat ................................................................................................................
Pacific cod ...............................................................................................................................................................
Pacific Ocean Perch ................................................................................................................................................
Petrale Sole .............................................................................................................................................................
Sablefish N of 36° N lat.a ........................................................................................................................................
2,041
15
18
50
0.2
1,497
200
250
220
30
500
9.2
350
656.6
Shortspine Thornyhead S of 34°27′ N lat ...............................................................................................................
Spiny Dogfish ...........................................................................................................................................................
Widow rockfish .........................................................................................................................................................
Yellowtail Rockfish ...................................................................................................................................................
WA Cabezon/Kelp Greenling ...................................................................................................................................
Nearshore Rockfish North .......................................................................................................................................
Other Flatfish ...........................................................................................................................................................
Shelf Rockfish North ................................................................................................................................................
Slope Rockfish North ...............................................................................................................................................
50
275
200
1,000
2
1.5
60
30
36
a Sablefish
2023–2024
(mt)
2,041
15
18
50
5
1,497
200
250
220
30
500
130
350
849 (2023)
778 (2024)
50
275
200
1,000
2
1.5
60
30
36
is allocated according to Amendment 6 of the PCGFMP and 50 CFR 660.50(f)(2).
The Pacific Coast Tribes proposed trip
limit management in Tribal fisheries for
2023–24—for several stocks, including
several rockfish stocks and stock
complexes. This rule proposes the trip
limits for Tribal fisheries as provided to
the Council at its June 2022 meeting in
Supplemental Tribal Report 1, Agenda
Item F.6.a. For rockfish stocks, Tribal
regulations will continue to require full
retention of all overfished rockfish
stocks and marketable non-overfished
rockfish stocks. The Pacific Coast Tribes
will continue to develop management
measures, including depth, area, and
time restrictions, in the directed Tribal
Pacific halibut fishery in order to
minimize incidental catch of yelloweye
rockfish.
C. Biennial Fishery Allocations
The Council routinely recommends 2year trawl and non-trawl allocations
during the biennial specifications
process for stocks without formal
allocations (as defined in Section 6.3.2
of the PCGFMP) or stocks where the
long-term allocation is suspended
because the stock is declared overfished.
The trawl and non-trawl allocations,
with the exception of sablefish north of
36° N lat., are based on the fishery
harvest guideline. The fishery harvest
guideline is the tonnage that remains
after subtracting the off-the-top
deductions described in Section III., A,
entitled ‘‘Deductions from the ACLs,’’ in
this preamble. The trawl and non-trawl
allocations and recreational harvest
guidelines are designed to accommodate
anticipated mortality in each sector as
well as variability and uncertainty in
those mortality estimates. Additional
information on the Council’s allocation
framework and formal allocations can
be found in Section 6.3 of the PCGFMP
and § 660.55 of the Federal regulations.
Allocations described below are
detailed in the harvest specification
tables appended to 50 CFR part 660,
subpart C in the regulatory text of this
proposed rule.
Big Skate
The Council recommended and
NMFS is proposing the allocations
shown in Table 6 for big skate in 2023
and 2024. These allocations are
anticipated to accommodate estimates of
mortality of big skate, by sector, in
2023–24. Allocations of big skate are
determined on a biennial basis. For
2023–24, the Council elected to
maintain the current big skate split of 95
percent to the trawl fishery and 5
percent to the non-trawl fishery. This
results in a trawl allocation of 1,197.2
mt and a non-trawl allocation of 63 mt
in 2023, as well as a trawl allocation of
1,146.8 mt and a non-trawl allocation of
60.4 mt in 2024. No further allocations
or deductions are made.
jspears on DSK121TN23PROD with PROPOSALS5
TABLE 6—2023 AND 2024 TRAWL/NON-TRAWL ALLOCATIONS OF BIG SKATE
Percentage
Trawl ................................................................................................................................
Non-trawl ..........................................................................................................................
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2023 Allocation
(mt)
95
5
E:\FR\FM\14OCP5.SGM
1,197.2
63
14OCP5
2024 Allocation
(mt)
1,146.8
60.4
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Federal Register / Vol. 87, No. 198 / Friday, October 14, 2022 / Proposed Rules
Bocaccio South of 40°10′ N Lat.
Specifications for bocaccio are
determined through the biennial
specifications process. For 2023–24, the
Council recommended and NMFS is
proposing the allocations shown in
Table 7 for bocaccio in 2023 and 2024,
which maintain the allocation structure
from the previous biennium. These
allocations are anticipated to
accommodate estimates of mortality of
bocaccio, by sector, in 2023–24. In each
year, the fishery harvest guideline is
split with 39 percent going to the trawl
sectors and 61 percent to the non-trawl
sectors. For the trawl sector this results
in an allocation of 700.3 mt in 2023 and
694.9 mt in 2024. The non-trawl sectors
would receive 1,093.5 mt in 2023 and
1,085 mt in 2024. The non-trawl
allocation is then distributed between
the commercial (nearshore and nonnearshore fisheries) and California
recreational fisheries. In 2023, the
commercial sector would receive 30.9
percent of the non-trawl allocation or
337.9 mt, and the California recreational
sector would receive 755.6 mt. In 2024,
the same percentage would remain in
place with the commercial sector
receiving 335.3 mt and the California
recreational sector receiving 749.7 mt.
TABLE 7—2023 AND 2024 ALLOCATIONS OF BOCACCIO
Percentage
Trawl ................................................................................................................................
Non-trawl a .......................................................................................................................
a The
2023
Allocation
(mt)
39
61
700.3
1,093.5
2024
Allocation
(mt)
694.9
1,085
California recreational sector share of the non-trawl allocation is 755.6 mt in 2023 and 749.7 mt in 2024.
Canary Rockfish
The Council recommended and
NMFS is proposing the allocations in
Table 8 for canary rockfish in 2023 and
2024, which maintain the status quo
proportions from the 2021–22
biennium. These allocations are
anticipated to accommodate estimates of
mortality of canary rockfish, by sector,
in 2023–24. For canary rockfish, the
fishery harvest guideline is distributed
to the trawl and non-trawl sectors with
trawl receiving 72.3 percent and nontrawl sectors receiving 27.7 percent each
year. In 2023, the trawl sector would
receive 880.7 mt of canary rockfish, of
which 36 mt would be deducted to
account for bycatch in the at-sea sectors,
and the remaining 844.7 mt would be
distributed to the shorebased individual
fishing quota (IFQ) sector. In 2023, the
non-trawl sector would receive 337.4 mt
which is distributed to the commercial
non-trawl (121.5 mt), WA recreational
(41.5 mt), OR recreational (62.4 mt), and
CA recreational (112.0 mt) fisheries. In
2024, the trawl sector would receive
868.4 mt of canary rockfish, of which 36
mt would be deducted to account for
bycatch in the at-sea sectors, and the
remaining 832.4 mt would be
distributed to the shorebased IFQ sector.
The non-trawl sector would receive
332.7 mt, which is distributed to the
commercial non-trawl sector (119.8 mt),
WA recreational (40.9 mt), OR
recreational (61.5 mt), and CA
recreational (110.5 mt) fisheries.
TABLE 8—2023 AND 2024 ALLOCATIONS OF CANARY ROCKFISH
2023
Allocation
(mt)
Shorebased IFQ Program ...........................................................................................................................
At-sea Sectors .............................................................................................................................................
Nearshore/Non-nearshore ...........................................................................................................................
Washington recreational ..............................................................................................................................
Oregon recreational .....................................................................................................................................
California recreational ..................................................................................................................................
jspears on DSK121TN23PROD with PROPOSALS5
Cowcod
For 2023–24, the Council
recommended and NMFS is proposing
to remove the 50 mt ACT for cowcod
south of 40°10′ N lat. that was in place
during the 2021–22 biennium. The ACT
was included in the 2021–22 biennium
out of concern of the risk of exceeding
the ACL and to account for stock
assessment uncertainty. Improved
inseason monitoring tools have been
effective at monitoring cowcod
mortality and reducing management
uncertainty. Therefore, the Council
recommended removing the 50 mt ACT
to provide additional flexibility and
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stability to the non-trawl sector south of
40°10′ N lat. Table 9 shows the trawl/
non-trawl allocations for cowcod for
2023 and 2024. NMFS anticipates the
proposed allocation structure will
accommodate estimates of mortality of
cowcod, by sector, in 2023–24. The
fishery harvest guideline is distributed
to the trawl and non-trawl sectors, with
the trawl sector receiving 36 percent
and the non-trawl sector receiving 64
percent each year. The trawl sector
would receive 24.8 mt of cowcod in
2023 and 24.4 mt in 2024. The nontrawl sector would receive 44.0 mt in
2023 and 43.4 mt in 2024, which is
distributed to the commercial and
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844.7
36
121.5
41.5
62.4
112.0
2024
Allocation
(mt)
832.4
36
119.8
40.9
61.5
110.5
recreational sectors as a 50/50 split. The
Council also recommended, and NMFS
proposes, sector-specific ACTs based on
the 50/50 split. For 2023 the commercial
sector ACT would be 22 mt and the
recreational sector ACT would be 22 mt.
For 2024 the commercial sector ACT
would be 21.7 mt and the recreational
sector ACT would be 21.7 mt. Utilizing
sector-specific ACTs within the nontrawl sector, in addition to maintaining
the proposed zero retention requirement
in the non-trawl sector, should help to
reduce management uncertainty with
the proposed removal of the 50 mt ACT
below the fishery harvest guideline.
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62685
Federal Register / Vol. 87, No. 198 / Friday, October 14, 2022 / Proposed Rules
TABLE 9—2023 AND 2024 TRAWL/NON-TRAWL ALLOCATIONS OF COWCOD
Percentage
Trawl ................................................................................................................................
Non-trawl ..........................................................................................................................
Lingcod South of 40°10′ N Lat.
The Council recommended and
NMFS is proposing the trawl/non-trawl
allocations for lingcod south of 40°10′ N
lat. in Table 10. These allocations are
anticipated to accommodate estimates of
2023 Allocation
(mt)
36
64
mortality of lingcod, by sector, in 2023–
24.
Specifications for the lingcod south of
40°10′ N lat. were established through
the biennial process with a trawl/nontrawl allocation for the 2023–24
specifications of 40 percent of the
harvest guideline to trawl sector and 60
2024 Allocation
(mt)
24.8
44.1
24.4
43.4
percent to non-trawl sector. In 2023, the
distribution results in 285.2 mt to the
trawl sector and 427.8 mt to the nontrawl sectors. In 2024, the distribution
results in 285.2 mt to the trawl sectors
and 425.4 mt to the non-trawl sectors.
No further allocations or distributions
are made.
TABLE 10—2023 AND 2024 TRAWL/NON-TRAWL ALLOCATIONS OF LINGCOD SOUTH OF 40°10′ N LAT.
Percentage
Trawl ................................................................................................................................
Non-trawl ..........................................................................................................................
Longnose Skate
The Council recommended and
NMFS is proposing the trawl/non-trawl
allocations for longnose skate in Table
11. The allocation percentages, 90
2023 Allocation
(mt)
40
60
percent to trawl and 10 percent to nontrawl, reflect historical catch of
longnose skate in the two sectors. These
allocations are anticipated to
accommodate estimates of mortality of
longnose skate, by sector, in 2023–24. In
285.2
427.8
2024 Allocation
(mt)
283.6
425.4
2023, the 90/10 distribution results in
1,311.0 mt to the trawl sectors and 145.7
mt to the non-trawl sectors. In 2024, the
distribution results in 1,267.8 mt to the
trawl sectors and 140.9 mt to the nontrawl sectors.
TABLE 11—2023 AND 2024 TRAWL/NON-TRAWL ALLOCATIONS OF LONGNOSE SKATE
Percentage
Trawl ................................................................................................................................
Non-trawl ..........................................................................................................................
Minor Shelf Rockfish
Allocations for Minor Shelf Rockfish
are recommended by the Council and
proposed by NMFS for each biennial
cycle. The proposed allocations for 2023
and 2024 are shown in Table 12.
Specifications for the shelf rockfish
complex north of 40°10′ N lat. were
established through the biennial process
with a trawl/non-trawl allocation for the
2023–24 specifications of 60.2 percent
to trawl sectors and 39.8 percent to non-
2023 Allocation
(mt)
90
10
trawl sectors. In 2023, the distribution
results in 729.7 mt to the trawl sectors
and 482.4 mt to the non-trawl sectors.
In 2024, the distribution results in 726.7
mt to the trawl sectors and 480.4 mt to
the non-trawl sectors. Of the amount
going to the trawl sectors, 35 mt is
deducted each year from the trawl
allocation to account for bycatch in the
at-sea whiting sectors, with the
remaining 694.7 mt in 2023 and 691.7
mt in 2024 going to the shorebased IFQ
1,311.0
145.7
2024 Allocation
(mt)
1,267.8
140.9
fishery. No further allocations or
distributions are made.
Specifications for the shelf rockfish
complex south of 40°10′ N lat. were
established through the biennial process
with a trawl/non-trawl allocation for the
2023–24 specifications of 12.2 percent
to trawl sectors and 87.8 percent to nontrawl sectors. In 2023 and 2024, the
distribution results in 163.9 mt to the
trawl sectors and 1,173.2 mt to the nontrawl sectors. No further allocations or
distributes are made.
TABLE 12—TRAWL/NON-TRAWL ALLOCATIONS FOR MINOR SHELF ROCKFISH NORTH AND SOUTH OF 40°10′ N LAT.
jspears on DSK121TN23PROD with PROPOSALS5
Percentage
Minor Shelf Rockfish north of 40°10′ N lat.:
Trawl .........................................................................................................................
Non-trawl ..................................................................................................................
Minor Shelf Rockfish south of 40°10′ N lat.:
Trawl .........................................................................................................................
Non-trawl ..................................................................................................................
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2023 Allocations
(mt)
2024 Allocations
(mt)
60.2
39.8
729.7
482.4
726.7
480.4
12.2
87.8
163.0
1,173.2
163.0
1,173.2
E:\FR\FM\14OCP5.SGM
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62686
Federal Register / Vol. 87, No. 198 / Friday, October 14, 2022 / Proposed Rules
Slope Rockfish Complex
Allocations for slope rockfish
complex south of 40°10′ N lat.,
including custom shares for blackgill
rockfish, are recommended by the
Council and proposed by NMFS for
each biennial cycle. The proposed
allocations for 2023 and 2024 are shown
in Table 13. The Council recommended
blackgill rockfish within the slope
rockfish complex south of 40°10′ N lat.
be managed by setting an HG for
blackgill rockfish that was equal to the
species specific ACL contribution to the
slope rockfish complex south of 40°10′
N lat. The blackgill rockfish HG was
then used to allocate 41 percent to the
trawl sector and 59 percent to the nontrawl sector. Then, trawl (63 percent)
and non-trawl (37 percent) allocations
were applied to the remaining species in
the complex. Finally, the off-the top setasides are then deducted to produce the
final two-year allocations. In 2023, the
distribution results in 378.7 mt to the
trawl sectors and 279.3 mt to the nontrawl sectors. In 2024, the distribution
results in 381.mt to the trawl sectors
and 280.2 mt to the non-trawl sectors.
TABLE 13—TRAWL/NON-TRAWL ALLOCATIONS FOR MINOR SLOPE ROCKFISH SOUTH OF 40°10′ N LAT.
2023 Allocations
(mt)
Category
Trawl
Blackgill rockfish share ....................................................................................
‘‘Other slope rockfish’’ share ...........................................................................
Share (mt) ........................................................................................................
Percentage of total share ................................................................................
69.7 (41%)
334.6 (63%)
404.3
42.44%
100.2 (59%)
196.5 (37%)
296.7
57.67%
39
42.33%
39
22.4
378.7
These allocations are anticipated to
accommodate estimates of mortality of
petrale sole, by sector, in 2023–24. For
the 2023–24 biennium, 30 mt of petrale
sole would be allocated to the non-trawl
Non-trawl
701.0
57.56%
Apportioned off-top ..........................................................................................
Final two year allocation ..................................................................................
The Council recommended and
NMFS is proposing the trawl/non-trawl
allocations for petrale sole in Table 14.
101.7 (59%)
194.1 (37%)
295.8
Trawl
697.0
Total combined off-top ..............................................................................
Petrale Sole
Non-trawl
70.7 (41%)
330.5 (63%)
401.2
Total ..........................................................................................................
2024 Allocations
(mt)
16.6
279.3
22.5
381.8
16.5
280.2
sector and the remainder would go to
the trawl sector each year. In 2023, the
distribution results in 3,068.8 mt to the
trawl sector. In 2024, the trawl sector
would receive 2,868.8 mt.
TABLE 14—2023 AND 2024 TRAWL/NON-TRAWL ALLOCATIONS OF PETRALE SOLE
Percentage
Trawl ................................................................................................................................
Non-trawl ..........................................................................................................................
Widow Rockfish
The Council recommended and
NMFS is proposing the trawl/non-trawl
allocations for widow rockfish in Table
15. These allocations are anticipated to
2023 Allocation
(mt)
........................
........................
accommodate estimates of mortality of
widow rockfish, by sector, in 2023–24.
For the 2023–24 biennium, 400 mt of
widow rockfish would be allocated to
the non-trawl sector and the remainder
3,068.8
30
2024 Allocation
(mt)
2,868.8
30
would go to the trawl sector each year.
In 2023, the distribution results in
11,985.7 mt to the trawl sector. In 2024,
the trawl sector would receive 10,843.7
mt.
TABLE 15—2023 AND 2024 TRAWL/NON-TRAWL ALLOCATIONS OF WIDOW ROCKFISH
Percentage
jspears on DSK121TN23PROD with PROPOSALS5
Trawl ................................................................................................................................
Non-trawl ..........................................................................................................................
D. Corrections and Additional
Waypoints for Rockfish Conservation
Areas
Rockfish Conservation Areas (RCAs)
are large area closures intended to
reduce the catch of a stock or stock
complex by restricting fishing activity at
specific depths. The boundaries for
RCAs are defined by straight lines
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........................
........................
connecting a series of latitude and
longitude coordinates that approximate
depth contours. These sets of
coordinates, or lines, are not gear or
fishery specific, but can be used in
combination to define an area. NMFS
then implements fishing restrictions for
a specific gear and/or fishery within
each defined area.
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2023 Allocation
(mt)
11,985.7
400
2024 Allocation
(mt)
10,843.7
400
For the 2023–24 biennium, the
Council recommended and NMFS is
proposing line modifications seaward of
California around Eel Canyon (near
Eureka), Mendocino Canyon, Mattole
Canyon, the Farallon Islands (near San
Francisco), the Channel Islands (near
Santa Barbara and east of Anacapa
Island), Redondo Canyon, Santa
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Federal Register / Vol. 87, No. 198 / Friday, October 14, 2022 / Proposed Rules
Catalina Island, Lasuen Knoll, and Santa
Clemente Island, as well as in near
Albion, Monterey Bay, Point Sur, Morro
Bay, Port Hueneme, Santa Monica Bay,
Point Vincente, Huntington Beach, and
San Diego. These modifications would
better align existing RCA coordinates
with chart-based depth contours, reduce
boundary line crossovers, and address
enforcement concerns. See Section 2.1
of the Analysis for more details on these
changes.
The Council’s recommendation would
have deleted point (130) on the
boundary line approximating the 50
fathoms (fm) (91 m) depth contour. This
was the only point for this boundary
line at 36° N lat. Points at each
commonly used geographic coordinates
(latitudes) defined in paragraph (2) at
§ 660.11 ‘‘North-South management
area’’ should be retained to maintain
functionality and enforceability of these
depth-based lines when they are used to
form closed areas such as Block Area
Closures or the Non-trawl Rockfish
Conservation Area. Therefore, NMFS is
making an administrative change to
modify the point instead of deleting it.
This will maintain the shape of the
boundary line the Council
recommended, but will also maintain
the functionality and enforceability
needed. This is an administrative
change and does not change the on-thewater location of the line that was
recommended by the Council at its June
2022 meeting.
NMFS is republishing § 660.72(j)(220)
through (222) to correct the paragraph
designation of paragraph (j)(221). The
‘‘1’’ was mistakenly omitted during
prior revisions so it was published as a
second paragraph (j)(22) in that section.
This correction is not substantive, and
does not change the on-the-water effects
of these regulations, aside from reducing
potential confusion about multiple
paragraphs (j)(22).
62687
E. Limited Entry Trawl
The limited entry trawl fishery is
made up of the shorebased IFQ program,
whiting and non-whiting, and the at-sea
whiting sectors. For some stocks and
stock complexes with a trawl allocation,
an amount is first set-aside for the at-sea
whiting sector with the remainder of the
trawl allocation going to the shorebased
IFQ sector. Set-asides are not managed
by NMFS or the Council except in the
case of a risk to the ACL.
At-Sea Set Asides
For several species, the trawl
allocation is reduced by an amount setaside for the at-sea whiting sector. This
amount is designed to accommodate
catch by the at-sea whiting sector when
they are targeting Pacific whiting. The
Council is recommending and NMFS is
proposing the set-asides in Table 16 for
the 2023–24 biennium. The Council
considered a set-aside for Pacific spiny
dogfish but did not recommend
establishing one.
TABLE 16—2023–24 AT-SEA SET-ASIDES FOR VESSELS TARGETING PACIFIC WHITING WHILE FISHING AS PART OF THE
AT-SEA SECTOR
Area
Arrowtooth Flounder ................................................................
Canary rockfish ........................................................................
Darkblotched rockfish ..............................................................
Dover sole ................................................................................
Lingcod .....................................................................................
Longnose skate ........................................................................
Minor shelf rockfish ..................................................................
Minor slope rockfish .................................................................
Other flatfish .............................................................................
Pacific halibut ...........................................................................
Pacific ocean perch .................................................................
Petrale sole ..............................................................................
Sablefish ..................................................................................
Shortspine thornyhead .............................................................
Widow rockfish .........................................................................
Yellowtail rockfish ....................................................................
Coastwide ................................................................................
Coastwide ................................................................................
Coastwide ................................................................................
Coastwide ................................................................................
N of 40°10′ N lat .....................................................................
Coastwide ................................................................................
N of 40°10′ N lat .....................................................................
N of 40°10′ N lat .....................................................................
Coastwide ................................................................................
Coastwide ................................................................................
N of 40°10′ N lat .....................................................................
Coastwide ................................................................................
N of 36° N lat ..........................................................................
N of 34°27′ N lat .....................................................................
Coastwide ................................................................................
N of 40°10′ N lat .....................................................................
Incidental Trip Limits for IFQ Vessels
jspears on DSK121TN23PROD with PROPOSALS5
At-sea set-aside
amount
(mt)
Stock or stock complex
For vessels fishing in the Shorebased
IFQ Program, with either groundfish
trawl gear or non-trawl gears, the
following incidentally-caught stocks are
managed with trip limits:
Minor Nearshore Rockfish north and
south, Washington black rockfish,
Oregon black/blue/deacon rockfish,
cabezon (46°16′ to 40°10′ N lat. and
south of 40°10′ N lat.), spiny dogfish,
longspine thornyhead south of 34° N
lat., big skate, California scorpionfish,
longnose skate, Pacific whiting, and the
Other Fish complex. For all these
stocks, this rule proposes maintaining
the same IFQ fishery trip limits for these
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stocks for the start of the 2023–24
biennium as those in place in 2022.
Additionally, this rule proposes
maintaining the trip limit for blackgill
rockfish within the southern slope
rockfish complex. The trip limit would
be unlimited to start the 2023 fishing
year. The purpose of the blackgill trip
limit would be to allow the Council to
reduce targeting of blackgill rockfish
inseason, if needed. Trip limits for the
IFQ fishery can be found in Table 1
North and Table 1 South to part 660,
subpart D. Changes to trip limits would
be considered a routine measure under
§ 660.60(c), and may be implemented or
adjusted, if determined necessary,
through inseason action.
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70
36
76.4
10
15
5
35
300
35
10
300
5
100
70
476
320
F. LEFG and OA Non-Trawl Fishery
Management measures for the LEFG
and OA non-trawl fisheries tend to be
similar because the majority of
participants in both fisheries use hookand-line gear. Management measures,
including area restrictions (e.g., nontrawl RCA) and trip limits in these nontrawl fisheries, are generally designed to
allow harvest of target stocks while
keeping catch of overfished stocks low.
LEFG trip limits are specified in Table
2 (North) and Table 2 (South) to subpart
E. OA trip limits are specified in Table
3 (North) and Table 3 (South) to subpart
F in the regulatory text of this proposed
rule.
E:\FR\FM\14OCP5.SGM
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62688
Federal Register / Vol. 87, No. 198 / Friday, October 14, 2022 / Proposed Rules
Sablefish Trip Limits
Sablefish are managed separately
north and south of 36° N lat. For the
portion of the stock north of 36° N lat.,
the Council recommended and NMFS
proposes removing the daily trip limit
for the OA fishery and maintaining the
same weekly and bimonthly trip limits
as were in place in the start of 2022. For
the portion south of 36° N lat., the
Council recommended, and NMFS
proposes, the same weekly and
bimonthly trip limits as were in place in
the start of 2022. The proposed sablefish
trip limits for 2023–24 are shown in
Table 17.
TABLE 17—SABLEFISH TRIP LIMITS FOR LIMITED ENTRY AND OPEN ACCESS SECTORS NORTH AND SOUTH OF 36° N LAT.
Sector
Area
Limited entry .....................
north of 36° N lat ............
south of 36° N lat ...........
north of 36° N lat ............
south of 36° N lat ...........
Open access ....................
LEFG and OA Trip Limits
jspears on DSK121TN23PROD with PROPOSALS5
The Council recommended, and
NMFS is proposing, status quo trip
limits for LEFG and OA fisheries in
2023. The Council considered changes
to the quillback rockfish and copper
rockfish trip limits off California but
reaffirmed the limits set through
inseason action for 2022 (86 FR 72863;
December 23, 2021). That action
intended to reduce mortality of
quillback and copper rockfish by
implementing sub-trip limits of 75 lbs
(34 kg) per 2 months within the 2,000
lbs (907 kg) per 2 months Minor
Nearshore Rockfish limit for the areas
between 42°–40°10′ N lat., and south of
40°10′ N lat. The Council could
recommend further adjustment to the
sub-trip limits through additional
inseason action once more data on the
current limits is collected and the
effects on mortality, particularly discard
mortality, are better understood. NMFS
notes that allowing the continuation of
fishery-dependent data collection
through minimal retention would be
very beneficial for future stock
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Jan–Feb
2,400
2,500
2,000
2,000
lb
lb
lb
lb
I
Mar–Apr
I
May–Jun
Primary Sablefish Tier Limits
Some limited entry fixed gear permits
are endorsed to receive annual sablefish
quota, or tier limits. Vessels registered
with one, two, or up to three of these
permits may participate in the primary
sablefish fishery. The proposed tier
limits are as follows: in 2023, Tier 1 at
72,904 lb (33,069 kg), Tier 2 at 33,138
lb (15,031 kg), and Tier 3 at 18,936 lb
(8,589 kg). For 2024, Tier 1 at 66,805 lb
(30,302 kg), Tier 2 at 30,366 lb (13,774
kg), and Tier 3 at 17,352 lb (7,871 kg).
G. Recreational Fisheries
This section describes the recreational
fisheries management measures
proposed for 2023–24. The Council
primarily recommends depth
restrictions and groundfish conservation
areas to constrain catch within the
Frm 00014
Jul–Aug
I
Sept–Oct
I
Nov–Dec
(1089 kg)/week; not to exceed 4,800 lb (2,177 kg) bi-monthly.
(1,134 kg)/week.
(907 kg)/week; not to exceed 4,000 lb (1,814 kg) bi-monthly.
(907 kg)/week; not to exceed 4,000 lb (1,814 kg) bi-monthly.
assessments. Additionally, further
reductions on quillback rockfish, an
important species in the live fish
market, in the commercial Nearshore
Fishery could destabilize the niche
fishery. More information on these trip
limits can be found in the Analysis.
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recreational harvest guidelines for each
stock. Washington, Oregon, and
California each proposed, and the
Council recommended, different
combinations of seasons, bag limits, area
closures, and size limits for stocks
targeted in recreational fisheries. These
measures are designed to limit catch of
overfished stocks found in the waters
adjacent to each state while allowing
target fishing opportunities in their
particular recreational fisheries. The
following sections describe the
recreational management measures
proposed in each state.
Washington
The state of Washington manages its
marine fisheries in four areas: Marine
Area 1 extends from the Oregon/
Washington border to Leadbetter Point;
Marine Area 2 extends from Leadbetter
Point to the mouth of the Queets Rivers;
Marine Area 3 extends from the Queets
River to Cape Alava; and Marine Area
4 extends from Cape Alava to the Sekiu
River. This proposed rule would adopt
the following season structure in Table
18.
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Federal Register / Vol. 87, No. 198 / Friday, October 14, 2022 / Proposed Rules
62689
Table 18 -- Washington Recreational Fishing Season Structure
Marine Area
3 and 4
(North Coast)
Jan I Feb
Closed
I Mar I Apr I May
Open
Jun I Jul
Open <20
fm (37 m)
June 1July 31 a/b/
Aug I Sep
Open
I Oct I Nov I Dec
Closed
g/
The Washington recreational fishery
would be open from the second
Saturday in March through the third
Saturday in October. The aggregate
groundfish bag limits in waters adjacent
to Washington would continue to be
nine fish in all areas with a sub-bag
limit for cabezon (one per day), rockfish
(seven per day), lingcod (two per day).
The flatfish limit would continue to be
five fish, and is not counted towards the
groundfish bag limit of nine but is in
addition to it.
The retention of copper rockfish,
quillback rockfish, and vermilion
rockfish during the months of May,
June, and July would be prohibited. As
stated by the Washington Department of
Fish and Wildlife (WDFW) in its
analysis for this proposal, these
prohibitions for copper rockfish and
quillback rockfish are projected to keep
mortality below the species specific
ACL contributions. For vermilion, the
prohibition is expected to lower
mortality while maintaining some data
flow needed for stock assessments
(Agenda Item F.6.a, WDFW Report 1,
June 2022).
Consistent with the 2021–22
biennium, the Council recommended
and NMFS is proposing to continue to
prohibit recreational fishing for
groundfish and Pacific halibut inside
the North Coast Recreational Yelloweye
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19:22 Oct 13, 2022
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Rockfish Conservation Area (YRCA), a
C-shaped closed area off the northern
Washington coast. The South Coast
Recreational YRCA and the Westport
Offshore YRCA would remain open to
recreational fishing for the 2023–24
biennium. Coordinates for YRCAs are
defined at § 660.70.
Oregon
The Council recommend that Oregon
recreational fisheries in 2023–24 would
operate under an all months all depths
season structure to start the 2023 fishing
year. The Council recommended
maintaining the 2021–22 aggregate bag
limits and size limits in Oregon
recreational fisheries for 2023–24. The
proposed limits are: three lingcod per
day, with a minimum size of 22 in (56
cm); 25 flatfish per day, excluding
Pacific halibut; and a marine fish
aggregate bag limit of 10 fish per day,
where cabezon have a minimum size of
16 in (41 cm). Oregon long-leader gear
fishing and ‘‘all-depth’’ Pacific halibut
fishing would continue to be allowed on
the same trip. This rule proposes
sablefish, Pacific cod, and other flatfish
species (sole, flounder, sanddab) may be
retained on ‘‘all-depth’’ halibut trips.
This measure would provide additional
opportunity for anglers participating in
the ‘‘all depth’’ halibut fishery and
reduce potential regulatory discards.
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Based on the Analysis, additional effort
would not be expected (i.e., no new
trips occurring), because anglers would
just have this additional opportunity on
trips they are already taking. Therefore,
no additional impacts to yelloweye
rockfish, Chinook salmon, or coho
salmon would be expected.
Oregon often adopts more restrictive
measures in state rule. This enables the
ODFW to tighten or ease restrictions
inseason based on quota status and
projected mortality. The Federal rules
serve as a backstop, while state rules
can be adjusted more rapidly in
response to inseason circumstances,
improving management responsiveness
and the ability to achieve conservation
and opportunity objectives. For
example, ODFW anticipates continuing
the prohibition on retaining quillback
rockfish in the recreational fishery (and
all non-trawl commercial fisheries) in
2023–24.
California
The Council manages recreational
fisheries in waters seaward of California
in five separate management areas.
Season and area closures differ between
California management areas to limit
incidental catch of overfished stocks
and stocks of concern while providing
as much recreational fishing
opportunity as possible. The Council’s
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Open c/d/g/
Open dig!
2 (South Coast)
Closed
Closed
Open
eirigi
1 (Columbia
Closed
Closed
River)
a/ Retention of lingcod, Pacific cod and sablefish allowed >20 fm (37 m) on days when Pacific halibut is
open.
bl Retention ofyellowtail and widow rockfish is allowed> 20 fm (37 m) in July.
cl From May 1 through May 31 lingcod retention prohibited> 30 fm (55 m) except on days that the
primary halibut season is open.
d/ When lingcod is open, retention is prohibited seaward of line drawn from Queets River (47°31. 70' N.
lat. 124°45.00' W. Long.) to Leadbetter Point (46° 38.17' N. lat. 124°30.00' W. Long.), except on days
open to the primary halibut fishery and, June 1 - 15 and September 1 - 30.
el Retention of groundfish allowed during the all-depth Pacific halibut fishery. Lingcod retention is only
allowed north of the WA-OR border with halibut on board.
fl Retention of lingcod is prohibited seaward of a line drawn from Leadbetter Point (46° 38.17' N. lat.
124°21.00' W. Long.) to 46° 33.00' N. lat. 124°21.00' W. Long. year round except lingcod retention is
allowed from June 1 - June 15 and September 1 - September 30.
gl Retention of copper rockfish, quillback rockfish, and vermilion rockfish is prohibited from May 1
through July 31.
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Federal Register / Vol. 87, No. 198 / Friday, October 14, 2022 / Proposed Rules
recommended California season
structure for 2023 and 2024 is a
substantial departure from 2021 and
2022. In order to reduce total mortality
of quillback rockfish and copper
rockfish, each management area would
incur a reduction in fishing time in
nearshore waters of 30 percent or more.
This, in combination with the proposed
novel utilization of the RCA described
in Section III.N, would create an
‘‘offshore only fishery’’ during certain
months. Recreational fishing for
groundfish would continue to be
prohibited in waters less than 100 fm
(183 m) around Cordell Bank as
described in § 660.360(c)(3)(i)(C).
In the Northern Management Area
(42° N lat. to 40°10′ N lat.), the fishery
for California rockfish, cabezon,
greenling complex (RCG complex), as
defined at § 660.360(c)(3)(ii), and the
fishery for lingcod would be closed
January 1 to May 14, open in all depths
from May 15 to October 15, and closed
October 16 to December 31.
In the Mendocino Management Area
(40°10′ N lat. to 38°57.5′ N lat.), and the
San Francisco Management Area
(38°57.5′ N lat. to 37°11′ N lat.) the RCG
complex fishery and the lingcod fishery
would be closed January 1 to May 14,
open May 15 to July 15 seaward of the
50 fm (91 m) RCA line, and open in all
depths from July 16 to December 31.
In the Central Management Area
(37°11′ N lat. to 34°27′ N lat.), the RCG
complex fishery and the lingcod fishery
would be closed January 1 to April 30,
open May 1 to September 30 in all
depths, and open October 1 to December
31 seaward of the 50 fm (91 m) RCA
line.
In the Southern Management Area
(34°27′ N lat. to U.S./Mexico border),
the RCG complex fishery and the
lingcod fishery would be closed January
1 to March 31, open April 1 to
September 15 in all depths, and open
September 16 to December 31 seaward
of the 50 fm (91 m) RCA line.
Table 19 shows the proposed season
structure and depth limits by
management area in 2023 and 2024 for
the RCG complex fishery and lingcod
fishery.
Table 19 -- Proposed Season Structure and Depth Limits by Management Area for
the 2023 and 2024 in the California RCG Complex and Lingcod Fisheries
Jan
I Feb I Mar
19:22 Oct 13, 2022
May
CLOSED
May 15July
July 15
>50 fin
(91 m)
May 15July
July 15
>50 fin
(91 m)
May I-September 30
All Depths
CLOSED
CLOSED
April I-September 15
All Depths
CLOSED
Jkt 259001
I Jun I Jul I Aug I Sep I Oct I Nov I Dec
May 15-October 15
All Depths
CLOSED
In times and areas where an RCA is
closed seaward of an RCA line (i.e.,
when an ‘‘off-shore only’’ fishery is
active in that management area) the
following would be prohibited: (1)
possession or retention of nearshore
rockfish (defined as black rockfish, blue
rockfish, black and yellow rockfish,
brown rockfish, China rockfish, copper
rockfish, calico rockfish, gopher
rockfish, kelp rockfish, grass rockfish,
olive rockfish, quillback rockfish, and
treefish), cabezon, and greenlings in all
depths of the Exclusive Economic Zone
(EEZ) throughout the management area;
(2) possession and retention of all
VerDate Sep<11>2014
Apr
rockfish, cabezon, greenlings, and
lingcod would be prohibited shoreward
of the RCA boundary line within the
EEZ, except that vessels may transit
through waters shoreward of the RCA
line with no fishing gear in the water.
In all Management Areas, California
scorpionfish, ‘‘Other Flatfish’’ (as
defined at § 660.11), petrale sole and
starry flounder, leopard shark, and
‘‘Other Federal Groundfish’’ would be
open year-round at all depths. ‘‘Other
Federal groundfish’’ as defined in state
regulations, (Section 28.49, Title 14,
California Code of Regulations) include
soupfin shark, Dover sole, English sole,
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CLOSED
16-December 31
All Depths
16-December 31
All Depths
October 1December 1
>50fm
September 16December 31
>50 fin
arrowtooth flounder, spiny dogfish,
skates, ratfish, grenadiers, finescale
codling, Pacific cod, Pacific whiting,
sablefish and thornyheads.
The Council recommended that size
limits and bag limits would remain the
same as 2022 for all stocks. The Council
also recommended and NMFS is
proposing to continue sub-bag limits of
one quillback rockfish, one copper
rockfish, and four vermilion rockfish
within the 10-fish RCG daily bag and
possession limit.
Continuing the one-fish sub-bag limits
for quillback and copper rockfish would
allow for fishery-dependent data
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Management
Area
Northern
(42° N. lat. to
40°10' N. lat.)
Mendocino
(40°10' N. lat.
to 38°57.50'
N. lat.)
San Francisco
(38°57.50' N.
lat. to 37°11'
N. lat.)
Central
(37°11' N. lat.
to 34°27' N.
lat.)
Southern
(South of
34°27' N. lat.)
Federal Register / Vol. 87, No. 198 / Friday, October 14, 2022 / Proposed Rules
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collection, specifically biological data.
Maintaining the flow of this data is very
important for future stock assessments
as data gaps would add uncertainty in
the results of future assessments. As
described in Section 11 of the Analysis,
the Council analyzed quillback rockfish,
copper rockfish, and vermilion rockfish
sub-bag limits ranging from 10 to 0 fish
(i.e., no retention) within the 10-fish
RCG bag limit. California Department of
Fish and Wildlife (CDFW) tracks
groundfish mortality inseason on a
weekly and/or monthly basis to ensure
that mortality remains within allowable
limits. Further changes to the sub-bag
limit or to prohibit retention may be
recommended by the Council inseason,
as necessary, to limit mortality and
achieve specifications.
In addition to the regulatory
management measures to reduce
mortality of copper and quillback
rockfish in 2022 (86 FR 72863;
December 23, 2021), the fishery industry
has undertaken several voluntary
measures including dissemination of
enhanced species identification
information, avoidance procedures, and
no retention when a biological sampler
is not aboard. Per public testimony at
the June 2022 Council meeting, the
industry plans to continue these
voluntary measures in 2023 and 2024.
NMFS expects these mandatory and
voluntary measures would substantially
reduce mortality of quillback and
copper rockfish.
H. Exempted Fishing Permits
Issuing EFPs is authorized by
regulations implementing the
Magnuson-Stevens Act at 50 CFR
600.745, which state that EFPs may be
used to authorize fishing activities that
would otherwise be prohibited.
At its June 2022 meeting, the Council
recommended NMFS approve five EFP
applications for the 2023 fishing year
and preliminarily approve the EFP
applications for the 2024 fishing year.
The Council considered these EFP
applications concurrently with the
2023–2024 biennial harvest
specifications and management process
because expected catch under most EFP
projects is included in the catch limits
for groundfish stocks. All of the EFP
applications are renewals. Two EFP
applications request to test the use of
natural bait while fishing inside the
non-trawl Rockfish Conservation Area
(NT–RCA), which is proposed to be
prohibited as part of measures allowing
non-trawl vessels to use select hook and
line gear configurations within the NT–
RCA (see part J of this section). One EFP
application requests to test whether
removing certain gear, time, and area
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restrictions may impact the nature and
extent of bycatch of protected and
prohibited species. The final two EFP
applications request to retain certain
prohibited species in order to collect
fishery-dependent data for potential use
in upcoming stock assessments. A
summary of each EFP application is
provided below:
• Groundfish EFP Proposal—
Yellowtail Rockfish Jig Fishing off
California: Barbara Emley of the San
Francisco Community Fishing
Association and private open access
fisherman Daniel Platt submitted a
renewal application for research that
has been conducted since 2013 (herein
referred to as the ‘‘Emley-Platt EFP’’).
From 2013–2022, this EFP tested the
efficacy of a commercial jig gear
configured to target underutilized,
midwater yellowtail and shelf rockfish
species while avoiding the rebuilding,
bottom-dwelling yelloweye rockfish
inside the NT–RCA. As part of this
2023–24 harvest specifications and
management measures action, the
Council recommended, and NMFS
proposed, this EFP gear type be
approved for legal use inside the NT–
RCA (see part J of this section).
Therefore, if this rulemaking is
implemented as proposed, the
associated exemptions from the
prohibitions on fishing and/or transiting
inside the non-trawl RCA with nontrawl gear would no longer be needed
for this EFP project beginning in 2023.
However, the application contains a
new request for 2023 and 2024, which
is to test the effect of using natural bait
on the shrimp fly gear. Even if the
commercial jig gear is legalized for use
inside the NT–RCA through this action,
there would still be a requirement to use
artificial bait, which has been used in
the EFP project since 2013. Testing the
use of natural bait could gather data to
inform the Council on changes to catch
composition while using natural bait
compared to artificial bait. If this
proposed rule and EFP proposal are
approved, this EFP project would
require exemptions from: (1) the
prohibition on fishing with natural bait
inside the NT–RCA (see proposed
regulation below at § 660.330
(b)(3)(i)(D)); and (2) the open access trip
limits in Table 3 (South) to part 660,
subpart F (vessels that fish between
40°10′ N lat. and 34°27′ have specified
EFP catch limits). If this EFP gear type
is not approved for legal use inside the
NT–RCA as proposed in this
rulemaking, then this EFP project would
require additional exemptions from: (1)
the prohibition to fish inside the nontrawl RCA with non-trawl gear (see
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62691
§ 660.330(d)(12)(i)); (2) the prohibition
on transiting through the non-trawl RCA
without non-trawl gear stowed (see
§ 660.330(d)(12)(ii)); and (3) the
prohibition on retaining and landing
groundfish harvested from inside the
non-trawl RCA with non-trawl gear (see
§ 660.330(d)(12)(iii)). In addition to the
request to use natural bait, the 2023–24
application also requests a geographic
expansion of the EFP to include
additional area in northern and
southern California. If approved, NMFS
would authorize up to 7 vessels to test
the use of natural bait inside the nontrawl RCA off the California coast—
specifically between the Oregon/
California border (was previously
limited to 40°10′ N lat.) and the U.S./
Mexico border (was previously limited
to Point Conception, California), at
depths ranging from 35 to 150 fathoms
(64 to 274 meters (m)). The EFP Director
did not request any additional EFP
allocations for the geographic expansion
north of 40°10′ N lat.; those vessels
would fish under the open access trip
limits in Table 3 (North) to part 660,
subpart F.
• Groundfish EFP Proposal—
Monterey Bay Regional EFP Targeting
Chilipepper Rockfish: Real Good Fish of
Moss Landing, California submitted a
renewal application to continue
research that has been conducted since
2019. Similar to the Emley-Platt EFP,
the Council recommended this gear type
be approved for legal use inside the NT–
RCA, but with the requirement to use
artificial bait. Therefore, this application
also includes a request to test the use of
natural bait on the groundfish troll gear.
If this proposed rule and EFP proposal
are approved, this EFP project would
require exemptions from: (1) the
prohibition on fishing with natural bait
inside the NT–RCA (see proposed
regulation below at § 660.330
(b)(3)(ii)(E)); and (2) the open access trip
limits in Table 3 (South) to part 660,
subpart F. If this EFP gear type is not
approved for legal use inside the NT–
RCA as proposed in this rulemaking,
then this EFP project would require
additional exemptions from: (1) the
prohibition to fish inside the non-trawl
RCA with non-trawl gear (see
§ 660.330(d)(12)(i)); (2) the prohibition
on transiting through the non-trawl RCA
without non-trawl gear stowed (see
§ 660.330(d)(12)(ii)); and (3) the
prohibition on retaining and landing
groundfish harvested from inside the
non-trawl RCA with non-trawl gear (see
§ 660.330(d)(12)(iii)). If approved,
NMFS would authorize up to 10 vessels
to test the use of natural bait inside the
non-trawl RCA off the California coast—
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Federal Register / Vol. 87, No. 198 / Friday, October 14, 2022 / Proposed Rules
specifically in areas with canyon edges
and walls that have historically
produced high volumes of chilipepper
rockfish catch and at depths ranging
from 40 to 150 fathoms (73 to 274 m).
• Groundfish EFP Proposal—Yearround Coastwide Midwater Rockfish
EFP: Monitoring and Minimizing
Salmon Bycatch When Targeting
Rockfish in the Shorebased IFQ Fishery,
2023–2024: West Coast Seafood
Processors, Oregon Trawl Commission,
Midwater Trawlers Cooperative, and the
Environmental Defense Fund submitted
a renewal application to continue
research that has been conducted since
2017; the multi-year EFP project is
collectively referred to as the ‘‘Trawl
Gear EFP.’’ The purpose of the EFP is
for vessels participating in the West
Coast Groundfish Trawl Rationalization
Program’s Limited Entry Shorebased
Individual Fishing Quota (IFQ) Program
to test whether removing certain gear,
time, and area restrictions may impact
the nature and extent of bycatch of
protected and prohibited species (i.e.,
Chinook salmon, coho, eulachon, and
green sturgeon). The EFP project would
require exemptions for vessels fishing
with bottom trawl groundfish gear from:
(1) the requirement to use selective
flatfish trawl gear, and the prohibition
on using small footrope gear other than
selective flatfish trawl gear between 42°
and 40°10′ North latitude and
shoreward of the boundary line
approximating the 100 fathom (fm)
depth contour (see § 660.130(c)(2)(i) and
(c)(2)(ii)); and (2) the requirement that
selective flatfish trawl must be a twoseamed net with no more than two
riblines, excluding the codend (see
§ 660.130(b)(1)(ii)(A)). The EFP project
would require exemptions for vessels
fishing with midwater trawl groundfish
gear from: (1) the prohibition on fishing
outside the primary season dates for the
Pacific whiting IFQ fishery (see
§ 660.112(b)(1)(x) and § 660.130(c)(3));
and (2) the prohibition on fishing south
of 40°10′ N lat. shoreward of the
boundary line approximating the 150 fm
depth contour (see § 660.130(c)(3)(ii)
and (c)(4)(ii)(B)). The EFP project would
require exemptions for vessels fishing
with either midwater or bottom trawl
groundfish gear from: (1) the prohibition
on retaining certain prohibited species
(see § 660.12 (a)(1)); and (2) the
requirement to discard certain
prohibited species at sea (see
§ 660.140(g)(1)). If this EFP is approved,
NMFS would set a bycatch limit of
1,000 Chinook salmon north of 42° N
lat. and 100 Chinook salmon south of
42° N lat. for vessels declared into the
EFP, regardless of gear type. If either of
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these bycatch limits are reached, NMFS
would revoke the EFP for both gear
types in the respective management area
(i.e., north or south of 42° N lat.).
Participating vessels would also be
required to retain all salmon (excluding
salmon already sampled by NMFS’ West
Coast Groundfish Observer Program)
until offloading. If approved, NMFS
would authorize up to 60 vessels to
participate in the EFP.
• Groundfish EFP Proposal—
California Department of Fish and
Wildlife 2023–2024 EFP: The California
Department of Fish and Wildlife
(CDFW) submitted a renewal
application for research that has been
conducted since 2021. The purpose of
the EFP project is to collect fisherydependent biological data for cowcod
for inclusion in future stock
assessments. The EFP project would
require an exemption from the
prohibition to retain cowcod in the
California recreational fishery (see
§ 660.360(c)(3)). The EFP would also
provide that any cowcod taken and
retained would not count against the
recreational bag limit for the aggregate
of rockfish, cabezon, and greenlings. If
approved, NMFS would authorize up to
20 vessels that participate in the
California recreational fishery to retain
cowcod and transfer the cowcod to
CDFW groundfish staff upon landing.
• Groundfish EFP Proposal—
Washington Department of Fish Wildlife
Enhanced Yelloweye Recreational
Fishery Biological Sampling EFP: The
Washington Department of Fish and
Wildlife (WDFW) submitted a renewal
application for research that has been
conducted since 2021. The purpose of
the EFP project is to collect fisherydependent biological data for yelloweye
rockfish for inclusion in future stock
assessments. The EFP project would
require an exemption from the
prohibition to retain yelloweye rockfish
in the Washington recreational fishery
(see § 660.360(c)(1)(ii)). The EFP would
also provide that any yelloweye rockfish
taken and retained would not count
against the recreational bag limit for
rockfish. If approved, NMFS would
authorize up to 15 vessels that
participate in the Washington
recreational fishery to retain yelloweye
rockfish and transfer the yelloweye
rockfish to WDFW staff upon landing.
During the 2-year period of EFP
activities from 2023 to 2024, all vessels
participating in the non-trawl RCA EFP
projects (i.e., the renewal applications
submitted by Emley-Platt and Real Good
Fish) would adhere to EFP set-asides for
targeted and incidental groundfish and
other species, which were considered
and approved by the Council at their
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June 2022 meeting. The one exception
would be for Emley-Platt vessels fishing
north of 40°10′ N lat., which would fish
pursuant to open access trip limits in
Table 3 (North) to part 660, subpart F,
as the EFP Director did not request
additional EFP set-asides for this area.
These EFP set-asides are off-the-top
deductions from the 2023–2024
applicable ACLs, meaning any landings
and discards that occur under these
EFPs would be accounted for within the
applicable ACLs. EFP set-asides would
not be needed for the Trawl Gear EFP
as landings and discards of IFQ species
would be accounted for through the
participating vessel’s IFQ. Vessels
participating in the non-trawl RCA EFP
projects and the Trawl Gear EFP would
be required to have 100 percent observer
coverage. All cowcod mortality under
the CDFW EFP project is expected to
occur in conjunction with routine
recreational fishing activities and would
be calculated as part of the normal
recreational catch estimation process.
All yelloweye rockfish taken under the
WDFW EFP project would be counted
against the Washington recreational
harvest guideline for yelloweye
rockfish. NMFS would not require 100
percent observer coverage for vessels
participating in the CDFW and WDFW
EFP projects because recreational
vessels do not meet the minimum size
requirements under Federal regulations
to carry an observer.
NMFS does not expect any impacts to
the environment, essential fish habitat,
or protected or prohibited species from
these EFPs beyond those analyzed for
the groundfish fishery as a whole in
applicable biological opinions (available
at: https://www.fisheries.noaa.gov/
species/west-coastgroundfish#management), the draft EA
for the Pacific Coast Groundfish Fishery
2023–2024 Harvest Specifications and
Management Measures (see ADDRESSES),
or the EA for the 2018 Trawl Gear EFP
dated December 2017 (available at:
https://www.fisheries.noaa.gov/region/
west-coast).
After publication of this document in
the Federal Register, NMFS may
approve and issue permits for the
proposed EFP projects for the 2023
fishing year after the close of the public
comment period. All five EFP
applications are available under
‘‘Supporting and Related Materials’’ (see
ADDRESSES). NMFS will consider
comments submitted in deciding
whether to approve the applications as
requested. NMFS may approve the
applications in their entirety or may
make any alterations needed to achieve
the goals of the EFP projects. NMFS
would not issue another Federal
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Register notice soliciting public
comment on renewing these EFP
projects for 2024 unless: (1) the
applicants modify and resubmit their
applications to NMFS; (2) changes to
relevant fisheries regulations warrant a
revised set of exemptions authorized
under the EFP projects; or (3) NMFS’
understanding of the current biological
and economic impacts from EFP fishing
activities substantially changes.
I. Shortbelly Rockfish 2,000 mt 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 mt in a
calendar year. This guidance was not
formalized in the PCGFMP as part of
Amendment 29. Therefore, the Council
recommended and NMFS is proposing
to 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. To
estimate mortality and provide for catch
accounting, NMFS proposes a sorting
requirement for shortbelly rockfish in
the LEFG and OA fisheries. For more
information on this measure, see the
NOA for Amendment 30 and the
Analysis.
NMFS notes that routine management
measures as laid out in 50 CFR 660.60(c)
are not currently available for shortbelly
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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 (FMP
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.
J. Non-Bottom Contact Hook-and-Line
Gear Allowance in the Non-Trawl
Rockfish Conservation Area
In order to provide additional
opportunity to commercial non-trawl
fisheries to target healthy stocks, relieve
pressure on overfished or constraining
nearshore stocks, and limit impacts to
sensitive habitats, the Council
recommended, and NMFS proposes,
allowing non-trawl vessels to use select
hook-and-line gear configurations
within the NT–RCA which were tested
through EFPs as described above in
Section III.H. The non-trawl fisheries
are distinguished by the types of gears
permitted to be used to harvest their
catch. OA fisheries are allowed to use
any ‘‘open access’’ gear, including hookand-line, pot, and troll gear. Limited
entry fixed gear (LEFG) vessels are
restricted to using the gear endorsed on
their registered permit (longline or pot/
trap) or are held to the lower landing
limits associated with the OA sector
when using alternative gears. Vessels
participating in the shorebased IFQ
sector with fixed gear (i.e., gear
switchers) are permitted to use any legal
groundfish gear. Participants in all three
fisheries are prohibited from fishing in
the NT–RCA unless permitted (e.g.,
fishing for other flatfish or through an
EFP).
This proposed action would allow
vessels in the directed open access
fishery targeting groundfish to operate
inside the NT–RCA from 46°16′ N lat. to
the U.S./Mexico border with nonbottom contact hook-and-line gear only,
subject to the specifications below.
Prohibited bottom contact hook-and-line
gears would include bottom longline,
commercial vertical hook-and-line gear
(anchored to the bottom), and dinglebar
gear. Vessels would need to declare
their intent to fish within the NT–RCA
and their gear type prior to departure.
Vessels could fish inside and outside of
the non-trawl RCA on the same trip but
could only carry one type of legal nonbottom contact hook-and-line gear onboard the vessel when fishing occurs in
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the NT–RCA. Vessels that typically fish
in the LEFG or IFQ sector would be
required to declare into the OA fishery
to utilize this proposed management
measure and would be subject to the
lower OA trip limits.
The proposed action would include a
new gear definition. Legal ‘‘non-bottom
contact hook-and-line gear’’ would be
defined as stationary vertical jig gear
attached to the vessel and not anchored
to the bottom, and groundfish troll gear.
The following requirements would
apply to stationary vertical jig gear: (1)
must be a minimum of 50 feet between
the bottom weight and the lowest
fishing hook; (2) no more than 4 vertical
mainlines may be used at one time with
no more than 25 hooks on each
mainline, and; (3) no more than 100
hooks may be in the water at one time,
with no more than 25 extra hooks on
board the vessel. ‘‘Groundfish troll gear’’
would be defined as a horizontallysuspended monofilament mainline
attached to a troll wire. The following
requirements would apply to groundfish
troll gear: (1) must be a minimum of 50
feet between the bottom weight and the
troll wire’s connection to the horizontal
mainline; (2) no more than 1 mainline
may be used at one time; and (3) no
more than 500 hooks may be in the
water at one time, with no more than 25
extra hooks on board the vessel; hooks
must be spaced apart by a visible marker
(e.g., floats, line wraps, colored lines
splices), with no more than 25 hooks
between each marker and no more than
20 markers on the mainline.
Under the proposed action both
stationary vertical jig gear and
groundfish troll gear could be equipped
with artificial lures and flies. Natural
bait or weighted hooks could not be
used nor be on board the vessel during
the trip. This restriction is expected to
mitigate any potential additional seabird
bycatch effects, as seabirds are known to
dive on baited hooks and potentially
become entangled.
In order to fish inside the NT–RCA,
vessels would be required to declare
into the directed open access fishery,
and would not be permitted to declare
into any other fishery if fishing inside
the NT–RCA.
This proposed management measure
may provide increased opportunity for
West Coast vessels to expand their
portfolios, especially in light of the
proposed restrictions related to
quillback and copper rockfishes (see
Section III.G), but it is likely that a
limited group of vessels will take
advantage of this opportunity given its
limitations. Effort would likely be
constrained by fuel prices, potential
offshore travel danger to ‘‘sport-like’’
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OA vessels, and the Vessel Monitoring
System (VMS) requirement. Given the
barriers to access the area, it is unlikely
the non-trawl allocations for midwater
rockfish would be exceeded.
Based on the Analysis (Section 8) and
data from the non-trawl EFPs (i.e.,
Emley-Platt and Real Good Fish EFPs),
the gear configurations proposed have
relatively low bycatch of groundfish
species of concern while being able to
harvest healthy midwater rockfish.
Under this proposal, non-trawl
attainments of healthy midwater
rockfish species would likely increase,
while impacts to nearshore stocks of
concern including quillback and copper
rockfish would be limited. Under this
proposed new gear and area flexibility,
mortality of yelloweye rockfish and
cowcod could increase but is expected
to remain within the proposed harvest
specifications. Additionally, because the
gears are designed to not contact the
bottom, the proposed gear types have
minimal impacts on habitat.
K. LEFG Sablefish Primary Season
Extension
This proposed action 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. This proposed
action would also extend the incidental
halibut retention allowance provision
for the primary fishery north of Point
Chehalis, Washington from October 31
to the date/time specified by the
International Pacific Halibut
Commission (IPHC) annually for the
closure of commercial fisheries
coastwide, or until the quota is taken,
whichever comes first. After the
specified date/time, any incidental
halibut would need to be discarded as
a prohibited species. The proposed
action would not change any other
aspects of the program (e.g., stacking
privileges, transferability).
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.
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NMFS sets three different tier limits
through the biennial harvest
specifications and management
measures process (see Section III.F for
the proposed 2023 limits); 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 and so may be required to cease
fishing prior to October 31. These
season dates were put into regulation
during the development and
implementation of the fishery under
Amendment 14 to the PCFMP. 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
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full tier limits and maximize economic
benefits.
As detailed in the Analysis, the
additional two months proposed in this
measure would give primary tier vessels
the flexibility to make safer decisions
and plan their season based on markets
and weather with the ultimate goal of
increasing attainment and profitability.
Habitat and gear-related impacts
resulting from this proposed measure
would likely be similar to those of an
October 31st season end date, because
roughly the same number of fixed gear
vessels are expected to participate in the
groundfish fishery as a whole. The
overall amount of permits in this sector
is static; however, some permits are not
used every year, or vessels may stack
permits, which ultimately reduces the
potential number of participants. This
proposed measure could increase the
amount of time that humpback whales
are likely to co-occur with the primary
tier fishery. However, the proposed
measure would likely have negligible
additional impact on humpback whales
compared to the 7-month season
because, (1) based on migration patterns
the likelihood of humpback whale
aggregations interacting with fishing
gear decreases from October to
December, (2) the majority of the effort
during the entire sablefish primary
fishery season would continue to occur
via bottom longline gear and not pot
gear, and (3) extending the season
would be unlikely to increase the
overall amount of pot gear used
throughout the season due to
restrictions on gear endorsements.
Vessels in the primary fishery north of
Point Chehalis, Washington using
bottom longline gear are also allowed to
retain incidentally caught Pacific
halibut up to a specific limit specified
at 50 CFR 660.231(b)(3)(iv). Halibut are
encountered regularly in the normal
operation of the sablefish primary
fishery due to the co-occurrence of
halibut and sablefish in the same
environments, and the design and
function of fixed gear. This retention is
allowed until the sablefish primary
season ends and it contributes
additional economic value to this sector.
The extended retention allowance
proposed in this action would ensure
additional economic benefits and
reduce regulatory discards of
commercially valuable incidental
halibut.
The IPHC adopts a closure date for
Pacific halibut in all commercial
fisheries, which the primary fishery is
subject to, and closure dates are
typically set at mid- to late-November
but was set at December 7 in 2021 and
2022. The IPHC typically sets the season
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closure date in late January of that year
during its annual meeting. Per 50 CFR
300.62, NMFS publishes the IPHC’s
regulations setting forth annual
management measures in the Federal
Register by March 15 each year. For
example, NMFS published the 2022
annual management measures governing
the Pacific halibut fishery on March 7,
2022 (87 FR 12604).
Extending the incidental Pacific
halibut allowance for the primary tier
fishery to the date annually specified by
the IPHC would reduce regulatory
discards, provide more opportunity for
an important alternative income source,
and result in minimal additional
impacts to Pacific halibut mortality.
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L. Correction to the Definition of Block
Area Closures
NMFS proposes a minor change to the
PCGFMP to resolve a mismatch between
the FMP and current regulatory text.
The salmon bycatch minimization
measures action (86 FR 10857; February
23, 2021) established Block Area
Closures (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 FMP that are
consistent with Council intent described
in the salmon bycatch mitigation
rulemaking document (86 FR 10857,
February 23, 2021). The FMP 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. For more
information on this measure, see the
NOA for Amendment 30 and the
Analysis.
M. Annual Catch Targets for Quillback
and Copper Rockfish
The 2021 stock assessments indicated
that the portion of quillback rockfish
and copper rockfish off the coast of
California are likely experiencing
localized depletion. An Annual Catch
Target (ACT), as defined at 50 CFR
660.11, is a management target set
below the ACL to account for
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management uncertainty. ACTs may be
used as an accountability measure to
ensure against exceeding an ACL or
accomplish management objectives. As
they are part of a stock complex, the
ACL contributions for copper rockfish
and quillback rockfish are combined
with the ACL contributions from the
other stocks in the complex to set ACLs
for the Nearshore Rockfish complexes
north and south of 40°10′ N lat. In
setting specifications, the Council, for
analytic purposes, calculated three ACL
contributions for quillback rockfish that
corresponded to state boundaries, which
were combined and then apportioned
based on historical catch to determine
the overall ACL contribution for
quillback rockfish to each Nearshore
Rockfish complex (see Section II.C).
The Council recommended, and
NMFS proposes, setting ACTs for
copper rockfish and quillback rockfish.
For copper rockfish, the ACT would be
set equal to its ACL contribution for the
portion of the stock found off of
California and would be set at 91.54 mt
in 2023, and 94.72 mt in 2024. For
quillback rockfish, an ACT would be set
for the portion of the stock found off of
California and would be set at 1.86 mt
in 2023, and 1.97 mt in 2024.
Given quillback and copper rockfish
are managed in a stock complex, the
proposed ACTs would essentially
formalize the ACL contributions for
management purposes. Setting the ACTs
equal to the ACL contributions would
allow the Council to recommend
necessary management measures
inseason when the ACL contribution is
met or projected to be met. Exceeding
the ACL contribution for stocks in a
complex would otherwise typically not
trigger a Council response or
accountability measure. In order to
allow tracking of mortality against the
ACT, this proposed rule also includes
sorting requirements for quillback and
copper rockfish.
CDFW closely monitors commercial
and recreational landings of quillback
and copper rockfish and the Council
would receive updates on landings at
each Council meeting. The management
response to an overage or projected
overage would be highly situational.
Therefore, as an accountability measure,
should the ACT be exceeded or
projected to be exceeded, the Council
would consider routine inseason
management measures (e.g., bag limit
reductions or depth restrictions) at
regular Council meetings.
N. Novel Utilization of Existing Rockfish
Conservation Area Boundary Lines
The Council recommended, and
NMFS proposes, a novel utilization of
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the previously established Rockfish
Conservation Area (RCA) boundary
lines for the recreational fishery
seaward of California (§ 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. This proposed rule would 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.
Additionally, this novel use of the RCA
would allow 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
(e.g., 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 seaward of
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 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
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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 boatbased groundfish fisheries in California.
Short-term and long-term impacts
would likely occur as the sector adjusts
to new regulations and fishery
operations. Loss of fishing vessels,
captains and crew leaving the industry
and the potential closures of landings
and fishing tackle providers are
possible. Innovations in fishing gears or
a shift in angler preference for target
species could provide new
opportunities for anglers, businesses,
and communities. These changes could
have positive long-term effects, but
would not bring immediate relief to
communities that would be negatively
impacted by fisheries reductions related
to quillback rockfish.
Changes to angler behavior are
difficult to predict, but anglers may
choose to opt out of the groundfish
fishery due to fuel costs and other
difficulties in reaching fishing grounds,
safety concerns related to fishing
offshore, logistical constraints
associated with smaller vessels, such as
vessel size and fuel capacity, and the
physical effort of reeling fish up from
deeper depths. It is likely the increased
distance and travel time associated with
offshore RCA lines would reduce small
vessel effort. Effort may shift to other
state and federally managed fisheries
such as Pacific halibut, salmon,
California scorpionfish, highly
migratory species, coastal pelagic
species, California sheephead,
California halibut, striped bass, kelp
bass, and others as anglers search for
other available fishing targets.
In a report (Agenda Item F.6.a, June
2022) to the Council, the Groundfish
Advisory Subpanel (GAP) noted that
once shelf rockfish species are aboard,
it restricts fishermen’s ability to fish
inshore waters. The GAP stated that
mornings are when the outer waters are
most accessible due to weather patterns.
During the afternoons, winds generally
make exposed deep waters unfishable
and that is when inshore access is most
needed.
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As described in Section III.G, in
addition to the regulatory management
measures to reduce mortality of copper
and quillback rockfish in 2022 (and
proposed for 2023–2024), the fishery
industry has untaken several voluntary
measures including dissemination of
enhanced species identification
information, avoidance procedures, and
no retention when a biological sampler
is not aboard. It is expected that these
mandatory and voluntary measures will
substantially reduce mortality. If
mortality is lower than expected
through the regular inseason monitoring
and reporting, the Council and NMFS
would consider relieving restrictions
during the biennium in order to reduce
socioeconomic impacts, while keeping
mortality within the recommended
ACTs.
For more information on this
measure, see the NOA for Amendment
30 and the Analysis.
O. Block Area Closures for Groundfish
Mitigation
This proposed rule would make Block
Area Closures (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 seaward of
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 FMP (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
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allow for the trawl fishery to remain
open in areas outside of the BACs.
This proposed rule would not
implement specific individual BACs.
BACs could not be used to close an area
to any type of fishing other than
groundfish bottom or midwater
trawling. This proposed rule would
allow NMFS to close or reopen BACs
preseason (e.g., before the start of the
fishing year or before the start of the
Pacific whiting fishery) or inseason. The
approach would be consistent with
existing ‘‘routine inseason’’ frameworks
already in the FMP and regulations.
Most trip, bag, and size limits, and some
Groundfish Conservation Area closures
in the groundfish fishery, including
BRAs and BACs, have been designated
‘‘routine’’ management measures in the
PCGFMP and in § 660.60(c). The
Council can use routine management
measures to rapidly implement or
modify these management measures
through a single Council meeting
process. Inseason changes to routine
management measures are announced in
the Federal Register pursuant to the
requirements of the Administrative
Procedures Act. If good cause exists
under the Administrative Procedure Act
to waive notice and comment, a single
Federal Register notice will announce
routine inseason BACs approved by
NMFS.
When deciding whether to
recommend BACs for NMFS to
implement, consistent with the
PCGFMP, the Council will consider
environmental impacts, including
economic impacts, and public comment
via the Council process. Depending on
the circumstances, NMFS may close
areas for a defined period of time, for
example, a few months or the remainder
of the fishing year, or maintain the
closure for an indefinite period of time,
for example, until reopened by a
subsequent action. NMFS may close one
or more BACs and the size of the BACs
can vary. A Federal Register notice will
announce the geographic boundaries
(described with coordinates in codified
regulations) of one or more BACs, the
effective dates, applicable gear/fishery
restrictions, as well as the purpose and
rationale. NMFS would also disseminate
this information on BACs through
public notices and posting on the West
Coast Region website (see ADDRESSES for
electronic access information).
This action 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. BAC
could be an important tool to manage a
species like Pacific spiny dogfish, which
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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.
P. Corrections
This rule proposes minor corrections
to the regulations at 50 CFR 600. These
regulations are associated with
Amendment 29 (85 FR 79880, December
11, 2020), Amendment 21–4 to the
PCGFMP (84 FR 68799, December 17,
2019), and the 2019–2020 biennial
harvest specifications (83 FR 63970,
December 12, 2018). These minor
corrections are necessary to reduce
confusion and inconsistencies in the
regulatory text and ensure the
regulations accurately implement the
Council’s intent.
The Council recommended and
NMFS approved the designation of
shortbelly rockfish as an ecosystem
component species through Amendment
29, as part of the 2021–2022 groundfish
management measure process. That rule
erroneously did not update the
definition of ‘‘Ecosystem component
species’’ at § 660.11 to reflect that
designation. This rule proposes to
include shortbelly rockfish in the list of
species designated as ecosystem
component species at § 660.11.
Additionally, Amendment 29
erroneously included shortbelly
rockfish trip limits for limited entry
fixed gear and open access vessels. As
an ecosystem component species,
shortbelly rockfish is not managed ‘‘in
the fishery,’’ and therefore should not be
subject to trip limits. This rule proposes
to remove the shortbelly rockfish trip
limit from Table 2 (North) and Table 2
(South) to Part 660, Subpart E, as well
as Table 3 (North) and Table 3 (South)
to Part 660, Subpart F.
The final rule for Amendment 29
made changes to the trawl/non-trawl
allocations established through
Amendment 21 to the PCGFMP (75 FR
32993, June 10, 2010). That rule
erroneously did not update
§ 660.55(c)(1) Table 1 to reflect those
changes. This rule proposes to correct
§ 660.55(c)(1) Table 1 by removing the
allocations for canary rockfish, as well
as petrale sole, widow rockfish, lingcod
south of 40°10′ N lat., and the slope
rockfish complex south of 40°10′ N lat..
Per Amendment 29, these allocations
between the trawl and non-trawl
fisheries are determined through the
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biennial harvest specifications process
to better align these allocations with
current harvest trends. The Council’s
recommended and NMFS’ proposed
allocations through the 2023–2024
specifications process are shown Tables
1b and 2b in the proposed regulatory
text for this proposed rule.
Amendment 21–4 moved
darkblotched rockfish, pacific ocean
perch, and widow rockfish from at-sea
allocations to set-asides. That rule
erroneously did not update § 660.140 to
reflect those changes. This rule proposes
to amend § 660.140 to remove these
species from paragraph (c)(3)(iii) and
add them to paragraph (c)(3)(iv).
Amendment 29 removed the at-sea
set-asides from Table 1d to Subpart C of
part 660. However, cross references
indicating that the at-sea set-asides are
located at Table 1d to Subpart C remain,
erroneously. This rule proposes
removing these cross references in
§ 660.150 and § 660.160 and clarifying
that the at-sea set-asides are described
in the biennial specifications.
The final rule for the 2019–2020
biennial harvest specifications
contained a revision to the depth
boundary within which commercial
fixed gear and recreational gear are
allowed to operate in the Western
Cowcod Conservation Area. Fishing was
permitted shoreward of the 20 fathom
(fm) (36.6 m) depth contour prior to the
2019–2020 biennial harvest
specifications final rule. The final rule
revised the depth boundary to allow
fishing shoreward of the 40 fm (73 m)
depth contour. In the regulations for this
change at § 660.360(c)(3)(i)(B), NMFS
did not explicitly describe how the 40
fm (73 m) depth contour is delineated,
or cross reference the depth contour
definition in existing regulations. This
rule proposes to correct these
regulations to note that a coordinate list
describing the 40 fm (73 m) depth
contour can be found in § 660.71.
IV. Classification
Pursuant to section 304 (b)(1)(A) of
the Magnuson-Stevens Act, the NMFS
Assistant Administrator has determined
that this proposed rule is consistent
with the PCGFMP, other provisions of
the Magnuson-Stevens Act, and other
applicable law, subject to further
consideration after public comment. In
making its final determination, NMFS
will take into account the complete
record, including the data, views, and
comments received during the comment
period.
Regulations governing the U.S.
fisheries for Pacific halibut are
developed by the IPHC, the Pacific
Fishery Management Council, the North
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Pacific Fishery Management Council,
and the Secretary of Commerce. Section
5 of the Northern Pacific Halibut Act of
1982 (Halibut Act, 16 U.S.C. 773c)
allows the Regional Council, having
authority for a particular geographical
area, to develop regulations governing
the allocation and catch of halibut in
U.S. Convention waters as long as those
regulations do not conflict with IPHC
regulations. The proposed action is
consistent with the Council’s authority
to allocate halibut catches among
fishery participants in the waters in and
off the United States.
Pursuant to Executive Order 13175,
this proposed rule was developed after
meaningful consultation and
collaboration with tribal officials from
the area covered by the PCGFMP. Under
the Magnuson-Stevens Act at 16 U.S.C.
1852(b)(5), one of the voting members of
the Pacific Council must be a
representative of an Indian tribe with
federally recognized fishing rights from
the area of the Council’s jurisdiction. In
addition, regulations implementing the
PCGFMP establish a procedure by
which the tribes with treaty fishing
rights in the area covered by the
PCGFMP request new allocations or
regulations specific to the tribes, in
writing, before the first of the two
meetings at which the Council considers
groundfish management measures. The
regulations at 50 CFR 660.50 further
direct NMFS to develop tribal
allocations and regulations in
consultation with the affected tribes.
The tribal management measures in this
proposed rule have been developed
following these procedures. The tribal
representative on the Council made a
motion to adopt the non-whiting tribal
management measures, which was
passed by the Council. Those
management measures, which were
developed and proposed by the tribes,
are included in this proposed rule.
This proposed rule has been
determined to be not significant for
purposes of Executive Order 12866.
NMFS prepared an analyses for this
action, which address the statutory
requirements of the Magnuson-Stevens
Act, Presidential Executive Order
12866, and the Regulatory Flexibility
Act. The full suite of alternatives
analyzed by the Council can be found
on the Council’s website at
www.pcouncil.org. NMFS addressed the
statutory requirements of the National
Environmental Policy Act through
preparation of an EIS and an EA. NMFS
prepared an EIS for the 2015–16
biennial harvest specifications and
management measures and is available
from NMFS (see ADDRESSES). This EIS
examined the harvest specifications and
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management measures for 2015–16 and
10-year projections for routinely
adjusted harvest specifications and
management measures. The 10-year
projections evaluated the impacts of the
ongoing implementation of harvest
specifications and management
measures and to evaluate the impacts of
the routine adjustments that are the
main component of each biennial cycle.
Therefore, the EA for the 2023–24 cycle
tiers from the 2015–16 EIS and focuses
on the harvest specifications and
management measures that were not
within the scope of the 10-year
projections in the 2015–16 EIS. A copy
of the draft EA is available from NMFS
(see ADDRESSES). This action also
announces a public comment period on
the draft EA.
The Chief Counsel for Regulation of
the Department of Commerce certified
to the Chief Counsel for Advocacy of the
Small Business Administration that this
proposed rule, if adopted, would not
have a significant economic impact on
a substantial number of small entities.
An estimated six businesses primarily
engaged in seafood product preparation
and packaging and employing 750 or
fewer persons may be affected by this
action. An estimated 629 commercial
fishing businesses with less than $11
million in annual gross receipts may be
affected by this action. An estimated
431 charter fishing boats may be
affected by this action, all of which are
assumed to have annual receipts of less
than $7.5 million and therefore be
considered small businesses. One
governmental jurisdiction, with a
population of less than 50,000 persons
and therefore considered small, may be
affected by this action. An estimated
five not-for-profit organizations with
combined annual receipts of less than
$7.5 million may be affected by this
action. An estimated eight small trust,
estates, and agency accounts with
annual receipts of less than $32.5
million may be affected by this action.
The purpose of this proposed rule is to
conserve Pacific Coast groundfish stocks
by preventing overfishing, while still
allowing harvest opportunity among the
various fishery sectors. This will be
accomplished by implementing the
2023–2024 annual specifications in the
U.S. exclusive economic zone off the
West Coast. The harvest specifications
affect large and small entities similarly,
and for this biennium, several of the
catch limits are proposed to increase,
providing benefit to all participants.
Additionally, this proposed rule
contains several of new management
measures that are likely to benefit
vessels, specifically openings of
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previously closed fishing grounds. As a
result, an initial regulatory flexibility
analysis is not required and none has
been prepared.
This proposed rule contains no new
information collection burden under the
Paperwork Reduction Act of 1995. This
action will require non-trawl sector
participants to declare into the open
access fishery and specify the nonbottom contact gear type to be used if
fishing in the non-trawl RCA. The
collection of such information was
previously approved by the Office of
Management and Budget (OMB) under
OMB Control Number 0648–0573.
List of Subjects in 50 CFR Part 660
Fisheries, Fishing, Reporting and
recordkeeping requirements.
Dated: September 16, 2022.
Samuel D. Rauch, III,
Deputy Assistant Administrator for
Regulatory Programs, National Marine
Fisheries Service.
For the reasons set out in the
preamble, 50 CFR part 660 is proposed
to be 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. Amend § 660.11 by:
a. Revising paragraph (1)(vi)(c) under
the definition of ‘‘Conservation
areas(s)’’;
■ b. Revising paragraph (1) under the
definition of ‘‘Fishing gear’’ and adding
a paragraph (12);
■ c. Revising paragraph (10) under the
definition of ‘‘Groundfish’’.
The revisions read as follows:
■
■
§ 660.11
General definitions.
*
*
*
*
*
Conservation area(s) * * *
(1) * * *
(vi) * * *
(C) Recreational RCAs. Recreational
RCAs are closed areas intended to
protect overfished rockfish species. In
the EEZ seaward of California,
recreational RCAs are also intended to
limit catch of non-overfished groundfish
species. Recreational RCAs may either
have boundaries defined by general
depth contours or boundaries defined
by specific latitude and longitude
coordinates approximating depth
contours. Boundaries for the
recreational RCAs throughout the year
are provided in the text in subpart G of
this part under each state (Washington,
Oregon and California) and may be
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modified by NMFS inseason pursuant to
§ 660.60(c).
*
*
*
*
*
Fishing gear includes the following
types of gear and equipment:
(1) Bottom contact gear means fishing
gear designed or modified to make
contact with the bottom. This includes,
but is not limited to, beam trawl, bottom
trawl, dredge, fixed gear, set net,
demersal seine, dinglebar gear, and
other gear (including experimental gear)
designed or modified to make contact
with the bottom. Gear used to harvest
bottom dwelling organisms (e.g. by
hand, rakes, and knives) are also
considered bottom contact gear for
purposes of this subpart. Non-bottom
contact gear is defined in paragraph (12)
of this definition.
*
*
*
*
*
(12) Non-bottom contact gear means
fishing gear designed or modified to not
make contact with the bottom. This
includes, but is not limited to,
commercial vertical hook-and-line gear
not anchored to the bottom (e.g., vertical
jig gear or rod-and-reel gear with
weights suspended off the bottom) and
troll gear.
*
*
*
*
*
Groundfish * * *
*
*
*
*
*
(10) ‘‘Ecosystem component species’’
means species that are included in the
PCGFMP but are not ‘‘in the fishery’’
and therefore not actively managed and
do not require harvest specifications.
Ecosystem component species are not
targeted in any fishery, not generally
retained for sale or personal use, and are
not determined to be subject to
overfishing, approaching an overfished
condition, or overfished, nor are they
likely to become subject to overfishing
or overfished in the absence of
conservation and management
measures. Ecosystem component
species include: All skates listed here in
paragraph (2), except longnose skate and
big skate; all grenadiers listed here in
paragraph (5); soupfin shark; ratfish;
finescale codling; and shortbelly
rockfish as listed here in paragraph
(7)(ii).
*
*
*
*
*
■ 3. In § 660.25, revise paragraphs
(b)(4)(v)(C) and (b)(4)(vi)(D) to read as
follows:
§ 660.25
Permits.
*
*
*
*
*
(b) * * *
(4) * * *
(v) * * *
(C) Sablefish-endorsed permits. If a
permit owner submits an application to
register a sablefish-endorsed limited
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entry permit to a new permit owner or
vessel owner during the primary
sablefish season described at § 660.231
(generally April 1 through December
31), the initial permit owner must
certify on the application form the
cumulative quantity, in round weight, of
primary season sablefish landed against
that permit as of the application
signature date for the then current
primary season. The new permit owner
or vessel owner must sign the
application form acknowledging the
amount of landings to date given by the
initial permit owner. This certified
amount should match the total amount
of primary season sablefish landings
reported on state landing receipts. As
required at § 660.12(b), any person
landing sablefish must retain on board
the vessel from which sablefish is
landed, and provide to an authorized
officer upon request, copies of any and
all reports of sablefish landings from the
primary season containing all data, and
in the exact manner, required by the
applicable state law throughout the
primary sablefish season during which
a landing occurred and for 15 days
thereafter.
*
*
*
*
*
(vi) * * *
(D) Sablefish-endorsed permits. If a
permit owner submits an application to
register a sablefish-endorsed limited
entry permit to a new vessel during the
primary sablefish season described at
§ 660.231 (generally April 1 through
December 31), the initial permit owner
must certify on the application form the
cumulative quantity, in round weight, of
primary season sablefish landed against
that permit as of the application
signature date for the then current
primary season. The new permit owner
or vessel owner associated with the new
vessel must sign the application form
acknowledging the amount of landings
to date given by the initial permit
owner. This certified amount should
match the total amount of primary
season sablefish landings reported on
state landing receipts. As required at
§ 660.12(b), any person landing
sablefish must retain on board the vessel
from which sablefish is landed, and
provide to an authorized officer upon
request, copies of any and all reports of
sablefish landings from the primary
season containing all data, and in the
exact manner, required by the
applicable state law throughout the
primary sablefish season during which
a landing occurred and for 15 days
thereafter.
*
*
*
*
*
■ 4. In § 660.50, revise paragraph
(f)(2)(ii) to read as follows:
§ 660.50 Pacific Coast treaty Indian
fisheries.
*
*
*
*
*
(f) * * *
(2) * * *
(ii) The Tribal allocation is 849 mt in
2023 and 778 mt in 2024 per year. This
allocation is, for each year, 10 percent
of the Monterey through Vancouver area
(North of 36° N lat.) ACL. The Tribal
allocation is reduced by 1.7 percent for
estimated discard mortality.
*
*
*
*
*
■ 5. In § 660.55, revise Table 1 to
paragraph (c)(1) to read as follows:
§ 660.55
*
Allocations.
*
*
(c) * * *
(1) * * *
*
*
TABLE 1 TO PARAGRAPH (c)(1)—ALLOCATION AMOUNTS AND PERCENTAGES FOR LIMITED ENTRY TRAWL AND NON-TRAWL
SECTORS SPECIFIED FOR FMP GROUNDFISH STOCKS AND STOCK COMPLEXES
All non-treaty
LE trawl sectors
Stock or complex
Arrowtooth Flounder ....................................................................................................................................
Chilipepper Rockfish S of 40°10′ N lat ........................................................................................................
Darkblotched Rockfish .................................................................................................................................
Dover Sole ...................................................................................................................................................
English Sole .................................................................................................................................................
Lingcod N of 40°10′ N lat ............................................................................................................................
Longspine Thornyhead N of 34°27′ N lat ....................................................................................................
Pacific Cod ...................................................................................................................................................
Pacific Ocean Perch ....................................................................................................................................
Sablefish S of 36° N lat ...............................................................................................................................
Shortspine Thornyhead N of 34°27′ N lat ...................................................................................................
Shortspine Thornyhead S of 34°27′ N lat ...................................................................................................
Splitnose Rockfish S of 40°10′ N lat ...........................................................................................................
Starry Flounder ............................................................................................................................................
Yellowtail Rockfish N of 40°10′ N lat ..........................................................................................................
Minor Slope Rockfish N rth of 40°10′ N lat .................................................................................................
Other Flatfish ...............................................................................................................................................
*
*
*
*
*
6. Amend § 660.71 by:
■ a. Removing paragraphs (e)(193),
(e)(277), and (r)(20);
■ b. Redesignating paragraphs (e)(194)
through (276) as (e)(193) through (275),
(e)(278) through (336) as (e)(276)
through (334), (o)(113) through (218) as
(o)(114) through (219), (q)(25) as (q)(26),
and (r)(21) through (r)(23) as (r)(20)
through (r)(22);
■ c. Revising paragraphs (e)(144) and
(e)(192); newly redesignated paragraphs
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(e)(263), (e)(274), (e)(280), (e)(287),
(e)(307), and paragraphs (h)(13), (i)(1),
(i)(9), (i)(14), (i)(20), (i)(34), (j)(27),
(j)(30), (j)(40)
■ d. Revising paragraphs (o)(95), (o)(97),
(o)(112);
■ e. Adding new paragraphs (o)(113);
■ f. Revising newly redesignated
paragraphs (o)(181), (o)(193), (0)(215),
and (o)(216) and paragraphs (q)(8),
(q)(14), (q)(19), (q)(24);
■ g. Adding new paragraph (q)(25); and
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All non-treaty
non-trawl sectors
95%
75%
95%
95%
95%
45%
95%
95%
95%
42%
95%
50 mt
95%
50%
88%
81%
90%
5%
25%
5%
5%
5%
55%
5%
5%
5%
58%
5%
Remaining Yield
5%
50%
12%
19%
10%
h. Revising newly redesignated
paragraphs (r)(8), (r)(15).
The additions and revisions read as
follows:
■
§ 660.71 Latitude/longitude coordinates
defining the 10-fm (18-m) through 40-fm (73m) depth contours.
*
*
*
(e) * * *
*
*
*
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*
*
*
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(144) 39°16.88′ N lat., 123°49.29′ W
long.;
*
*
*
*
*
(192) 36°33.20′ N lat., 121°57.50′ W
long.;
*
*
*
*
*
(263) 34°06.13′ N lat., 119°15.26′ W
long.;
*
*
*
*
*
(274) 34°04.66′ N lat., 119°04.51′ W
long.;
*
*
*
*
*
(280) 33°59.78′ N lat., 118°47.26′ W
long.;
*
*
*
*
*
(287) 33°50.29′ N lat., 118°24.58′ W
long.;
*
*
*
*
*
(307) 33°35.26′ N lat., 118°02.55′ W
long.;
*
*
*
*
*
(h) * * *
*
*
*
*
*
(13) 33 °56.75′ N lat., 119°49.13′ W
long.;
*
*
*
*
*
(i) * * *
*
*
*
*
*
(1) 33°02.98′ N lat., 118°37.64′ W
long.;
*
*
*
*
*
(9) 32°54.79′ N lat., 118°33.34′ W
long.;
*
*
*
*
*
(14) 32°48.05′ N lat., 118°26.81′ W
long.;
*
*
*
*
*
(20) 32°49.04′ N lat., 118°20.71′ W
long.;
*
*
*
*
*
(34) 33°02.98′ N lat., 118°37.64′ W
long.;
*
*
*
*
*
(j) * * *
*
*
*
*
*
(27) 33°28.77′ N lat., 118°32.95′ W
long.;
*
*
*
*
*
(30) 33°27.58′ N lat., 118°29.51′ W
long.;
*
*
*
*
*
(40) 33°20.21′ N lat., 118°18.50′ W
long.;
*
*
*
*
*
(o) * * *
*
*
*
*
*
(95) 40 °22.41′ N lat., 124°24.19′ W
long.;
*
*
*
*
*
(97) 40°18.71′ N lat., 124°22.63′ W
long.;
*
*
*
*
*
(112) 39°22.63′ N lat., 123°51.03′ W
long.;
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(113) 39°11.86′ N lat., 123°48.83′ W
long.;
*
*
*
*
*
(181) 34°08.23′ N lat., 119°13.21′ W
long.;
*
*
*
*
*
(193) 33°49.87′ N lat., 118° 24.15′ W
long.;
*
*
*
*
*
(215) 32°51.90′ N lat., 117°16.32′ W
long.;
(216) 32°52.11′ N lat., 117°19.33′ W
long.;
*
*
*
*
*
(q) * * *
*
*
*
*
*
(8) 32° 54.78′ N lat., 118°33.44′ W
long.;
*
*
*
*
*
(14) 32°45.53′ N lat., 118°24.82′ W
long.;
*
*
*
*
*
(19) 32°49.70′ N lat., 118°21.04′ W
long.;
*
*
*
*
*
(24) 33°02.98′ N lat., 118°35.40′ W
long.;
(25) 33°03.36′ N lat., 118°37.57′ W
long.; and
*
*
*
*
*
(r) * * *
*
*
*
*
*
(8) 33°20.88′ N lat., 118°30.54′ W
long.;
*
*
*
*
*
(15) 33°22.24′ N lat., 118°19.99′ W
long.;
*
*
*
*
*
■ 7. Amend § 660.72 by:
■ a. Revising paragraphs (a)(74) and
(75), (a)(106) and (107), (a)(130), (a)(132)
and (133),
■ b. Redesignating paragraphs (a)(134)
through (200) as (a)(135) through (201);
■ c. Adding new paragraph (a)(134);
■ d. Revising paragraphs (a)(147) and
(148), (a)(162), (a)(169), (a)(171),
(a)(173), (a)(174)
■ e. Revising paragraphs (c)(18), (c)(33),
(d)(2) through (4), (f)(89), (f)(96),
(f)(129), (f)(143) and (144), (f)(146),
(f)(155), (f)(159), (f)(169), (f)(175) and
(176), (f)(208), (g)(17), (h)(2), (h)(4)
through (6), (i)(6);
■ f. Removing paragraph (j)(140);
■ g. Redesignating paragraphs (j)(99)
through (139) as (j)(100) through (140);
■ h. Adding new paragraph (j)(99);
■ i. Revising newly redesignated
paragraphs (j)(100), and (j)(109) and
paragraphs (j)(154), (j)(157), (j)(166),
(j)(186) and (187), (j)(189) and (190),
(j)(206), (j)(208) through (210), (j)(215),
(j)(220) through (222), (j)(227), (k)(29),
(l)(3), (m)(1), (m)(3) and (4), (m)(6),
(m)(15), and (m)(18).
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The additions and revisions read as
follows:
§ 660.72 Latitude/longitude coordinates
defining the 50 fm (91 m) through 75 fm (137
m) depth contours.
*
*
*
*
*
(a) * * *
*
*
*
*
*
(74) 40°23.71′ N lat., 124°28.32′ W
long.;
(75) 40°22.53′ N lat., 124°24.67′ W
long.;
*
*
*
*
*
(106) 37°49.84′ N lat., 123°16.05′ W
long.;
(107) 37°35.67′ N lat., 122°55.43′ W
long.;
*
*
*
*
*
(130) 36°00.00′ N lat., 121°34.95′ W
long.;
*
*
*
*
*
(132) 35°40.44′ N lat., 121° 22.43′ W
long.;
(133) 35°27.11′ N lat., 121°03.55′ W
long.;
(134) 35°14.91′ N lat., 120°56.67′ W
long.;
*
*
*
*
*
(147) 34°07.83′ N lat., 119°13.48′ W
long.;
(148) 34°07.71′ N lat., 119°13.29′ W
long.;
*
*
*
*
*
(162) 33°51.33′ N lat., 118°36.00′ W
long.;
*
*
*
*
*
(169) 33°48.25′ N lat., 118°26.97′ W
long.;
*
*
*
*
*
(171) 33°44.11′ N lat., 118°25.23′ W
long.;
*
*
*
*
*
(173) 33°38.16′ N lat., 118°15.65′ W
long.;
(174) 33°37.47′ N lat., 118° 16.62′ W
long.;
*
*
*
*
*
(c) * * *
*
*
*
*
*
(18) 33°58.76′ N lat., 119°32.27′ W
long.;
*
*
*
*
*
(33) 34°02.47′ N lat., 120°30.00′ W
long.;
*
*
*
*
*
(d) * * *
*
*
*
*
*
(2) 33°02.53′ N lat., 118°34.25′ W
long.;
(3) 32°55.51′ N lat., 118°28.92′ W
long.;
(4) 32°54.99′ N lat., 118°27.72′ W
long.;
*
*
*
*
*
(f) * * *
*
*
*
*
*
E:\FR\FM\14OCP5.SGM
14OCP5
jspears on DSK121TN23PROD with PROPOSALS5
Federal Register / Vol. 87, No. 198 / Friday, October 14, 2022 / Proposed Rules
(89) 40°34.26′ N lat., 124°29.52′ W
long.;
*
*
*
*
*
(96) 40°21.58′ N lat., 124°24.87′ W
long.;
*
*
*
*
*
(129) 36°51.42′ N lat., 121°57.62′ W
long.;
*
*
*
*
*
(143) 36°10.30′ N lat., 121°43.00′ W
long.;
(144) 36°02.54′ N lat., 121°36.43′ W
long.;
*
*
*
*
*
(146) 35°58.21′ N lat., 121°32.88′ W
long.;
*
*
*
*
*
(155) 34°23.05′ N lat., 119°56.25′ W
long.;
*
*
*
*
*
(159) 34°03.80′ N lat., 119°12.70′ W
long.;
*
*
*
*
*
(169) 33°55.20′ N lat., 118°33.18′ W
long.;
*
*
*
*
*
(175) 33°49.93′ N lat., 118°26.36′ W
long.;
(176) 33°50.68′ N lat., 118°26.15′ W
long.;
*
*
*
*
*
(208) 32°43.03′ N lat., 117°20.43′ W
long.;
*
*
*
*
*
(g) * * *
*
*
*
*
*
(17) 33°59.22′ N lat., 119°55.49′ W
long.;
*
*
*
*
*
(h) * * *
*
*
*
*
*
(2) 33°02.56′ N lat., 118°34.19′ W
long.;
*
*
*
*
*
(4) 32°55.01′ N lat., 118°27.70′ W
long.;
(5) 32°49.77′ N lat., 118°20.92′ W
long.;
(6) 32°48.38′ N lat., 118°20.02′ W
long.;
*
*
*
*
*
(i) * * *
*
*
*
*
*
(6) 33°25.39′ N lat., 118°22.80′ W
long.;
*
*
*
*
*
(j) * * *
*
*
*
*
*
(99) 40°39.40′ N lat., 124°28.90′ W
long.;
(100) 40°36.96′ N lat., 124°28.02′ W
long.;
*
*
*
*
*
(109) 40°21.65′ N lat., 124°24.89′ W
long.;
*
*
*
*
*
VerDate Sep<11>2014
19:22 Oct 13, 2022
Jkt 259001
(154) 37°04.49′ N lat., 122°38.50′ W
long.;
*
*
*
*
*
(157) 37°01.16′ N lat., 122°24.50′ W
long.;
*
*
*
*
*
(166) 36°49.80′ N lat., 121°57.93′ W
long.;
*
*
*
*
*
(186) 36°10.35′ N lat., 121°43.03′ W
long.;
(187) 36°02.50′ N lat., 121°36.47′ W
long.;
*
*
*
*
*
(189) 36°00.00′ N lat., 121°35.32′ W
long.;
(190) 35°58.20′ N lat., 121°32.97′ W
long.;
*
*
*
*
*
(206) 34°03.70′ N lat., 119°12.77′ W
long.;
*
*
*
*
*
(208) 34°04.44′ N lat., 119°04.90′ W
long.;
(209) 34°02.94′ N lat., 119°02.89′ W
long.;
(210) 34°01.30′ N lat., 119°00.48′ W
long.;
*
*
*
*
*
(215) 33°58.99′ N lat., 118°47.33′ W
long.;
*
*
*
*
*
(220) 33°49.85′ N lat., 118°32.31′ W
long.;
(221) 33°49.61′ N lat., 118°28.07′ W
long.;
(222) 33°49.77′ N lat., 118°26.34′ W
long.;
*
*
*
*
*
(227) 33°44.07′ N lat., 118°25.28′ W
long.;
*
*
*
*
*
(k) * * *
*
*
*
*
*
(29) 33°51.69′ N lat., 120°07.98′ W
long.;
*
*
*
*
*
(l) * * *
*
*
*
*
*
(3) 32°55.57′ N lat., 118°28.84′ W
long.;
*
*
*
*
*
(m) * * *
(1) 33°28.13′ N lat., 118°38.25′ W
long.;
*
*
*
*
*
(3) 33°28.94′ N lat., 118°30.81′ W
long.;
(4) 33°26.73′ N lat., 118°27.35′ W
long.;
*
*
*
*
*
(6) 33°25.42′ N lat., 118°22.76′ W
long.;
*
*
*
*
*
(15) 33°24.94′ N lat., 118°32.29′ W
long.;
*
*
*
*
*
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(18) 33°28.13′ N lat., 118°38.25′ W
long.;
*
*
*
*
*
■ 8. Amend § 660.73 by:
■ a. Revising paragraphs (a)(159)
through (322);
■ b. Adding new paragraphs (a)(323)
through (329);
■ c. Revising paragraphs (d)(10), (e)(188)
and (189), (e)(264), (e)(272), (e)(274)
through (276), (e)(284) through (286),
(e)(290), (e)(318) through (323), (e)(350)
through (363);
■ d. Adding new paragraphs (e)(364)
through (371); and
■ e. Revising paragraphs (f), (g)(12) and
(13), (h) and (l).
The additions and revisions read as
follows:
§ 660.73 Latitude/longitude coordinates
defining the 100 fm (183 m) through 150 fm
(274 m) depth contours.
*
*
*
*
*
(a) * * *
(159) 40°39.44′ N lat., 124°29.08′ W
long.;
(160) 40°37.08′ N lat., 124°28.29′ W
long.;
(161) 40°34.76′ N lat., 124°29.82′ W
long.;
(162) 40°36.78′ N lat., 124°37.06′ W
long.;
(163) 40°32.44′ N lat., 124°39.58′ W
long.;
(164) 40°30.37′ N lat., 124°37.30′ W
long.;
(165) 40°28.48′ N lat., 124°36.95′ W
long.;
(166) 40°24.82′ N lat., 124°35.12′ W
long.;
(167) 40°23.30′ N lat., 124°31.60′ W
long.;
(168) 40°23.52′ N lat., 124°28.78′ W
long.;
(169) 40°22.43′ N lat., 124°25.00′ W
long.;
(170) 40°21.72′ N lat., 124°24.94′ W
long.;
(171) 40°21.87′ N lat., 124°27.96′ W
long.;
(172) 40°21.40′ N lat., 124°28.74′ W
long.;
(173) 40°19.68′ N lat., 124°28.49′ W
long.;
(174) 40°17.73′ N lat., 124°25.43′ W
long.;
(175) 40°18.37′ N lat., 124°23.35′ W
long.;
(176) 40°15.75′ N lat., 124°26.05′ W
long.;
(177) 40°16.75′ N lat., 124°33.71′ W
long.;
(178) 40°16.29′ N lat., 124°34.36′ W
long.;
(179) 40°10.13′ N lat., 124°21.92′ W
long.;
(180) 40°07.70′ N lat., 124°18.44′ W
long.;
E:\FR\FM\14OCP5.SGM
14OCP5
jspears on DSK121TN23PROD with PROPOSALS5
62702
Federal Register / Vol. 87, No. 198 / Friday, October 14, 2022 / Proposed Rules
(181) 40°08.84′ N lat., 124°15.86′ W
long.;
(182) 40°06.39′ N lat., 124°17.26′ W
long.;
(183) 40°03.15′ N lat., 124°14.43′ W
long.;
(184) 40°02.19′ N lat., 124°12.85′ W
long.;
(185) 40°02.89′ N lat., 124°11.78′ W
long.;
(186) 40°02.78′ N lat., 124°10.70′ W
long.;
(187) 40°04.57′ N lat., 124°10.08′ W
long.;
(188) 40°06.06′ N lat., 124°08.30′ W
long.;
(189) 40°04.05′ N lat., 124°08.93′ W
long.;
(190) 40°01.17′ N lat., 124°08.80′ W
long.;
(191) 40°01.00′ N lat., 124°09.96′ W
long.;
(192) 39°58.07′ N lat., 124°11.81′ W
long.;
(193) 39°56.39′ N lat., 124°08.69′ W
long.;
(194) 39°54.64′ N lat., 124°07.30′ W
long.;
(195) 39°53.86′ N lat., 124°07.95′ W
long.;
(196) 39°51.95′ N lat., 124°07.63′ W
long.;
(197) 39°48.78′ N lat., 124°03.29′ W
long.;
(198) 39°47.36′ N lat., 124°03.31′ W
long.;
(199) 39°40.08′ N lat., 123°58.37′ W
long.;
(200) 39°36.16′ N lat., 123°56.90′ W
long.;
(201) 39°30.75′ N lat., 123°55.86′ W
long.;
(202) 39°31.62′ N lat., 123°57.33′ W
long.;
(203) 39°30.91′ N lat., 123°57.88′ W
long.;
(204) 39°01.79′ N lat., 123°56.59′ W
long.;
(205) 38°59.42′ N lat., 123°55.67′ W
long.;
(206) 38°58.89′ N lat., 123°56.28′ W
long.;
(207) 38°57.50′ N lat., 123°56.28′ W
long.;
(208) 38°54.72′ N lat., 123°55.68′ W
long.;
(209) 38°48.95′ N lat., 123°51.85′ W
long.;
(210) 38°36.67′ N lat., 123°40.20′ W
long.;
(211) 38°33.82′ N lat., 123°39.23′ W
long.;
(212) 38°29.02′ N lat., 123°33.52′ W
long.;
(213) 38°18.88′ N lat., 123°25.93′ W
long.;
(214) 38°14.12′ N lat., 123°23.26′ W
long.;
(215) 38°11.07′ N lat., 123°22.07′ W
long.;
VerDate Sep<11>2014
19:22 Oct 13, 2022
Jkt 259001
(216) 38°03.18′ N lat., 123°20.77′ W
long.;
(217) 38°00.00′ N lat., 123°23.08′ W
long.;
(218) 37°55.07′ N lat., 123°26.81′ W
long.;
(219) 37°50.66′ N lat., 123°23.06′ W
long.;
(220) 37°45.18′ N lat., 123°11.88′ W
long.;
(221) 37°35.67′ N lat., 123°01.20′ W
long.;
(222) 37°26.81′ N lat., 122°55.57′ W
long.;
(223) 37°26.78′ N lat., 122°53.91′ W
long.;
(224) 37°25.74′ N lat., 122°54.13′ W
long.;
(225) 37°25.33′ N lat., 122°53.59′ W
long.;
(226) 37°25.29′ N lat., 122°52.57′ W
long.;
(227) 37°24.50′ N lat., 122°52.09′ W
long.;
(228) 37°23.25′ N lat., 122°53.12′ W
long.;
(229) 37°15.58′ N lat., 122°48.36′ W
long.;
(230) 37°11.00′ N lat., 122°44.50′ W
long.;
(231) 37°07.00′ N lat., 122°41.25′ W
long.;
(232) 37°03.18′ N lat., 122°38.15′ W
long.;
(233) 37°00.48′ N lat., 122°33.93′ W
long.;
(234) 36°58.70′ N lat., 122°27.22′ W
long.;
(235) 37°00.85′ N lat., 122°24.70′ W
long.;
(236) 36°58.00′ N lat., 122°24.14′ W
long.;
(237) 36°58.74′ N lat., 122°21.51′ W
long.;
(238) 36°56.97′ N lat., 122°21.32′ W
long.;
(239) 36°51.52′ N lat., 122°10.68′ W
long.;
(240) 36°48.39′ N lat., 122°07.60′ W
long.;
(241) 36°47.43′ N lat., 122°03.22′ W
long.;
(242) 36°50.95′ N lat., 121°58.03′ W
long.;
(243) 36°49.92′ N lat., 121°58.01′ W
long.;
(244) 36°48.86′ N lat., 121°58.80′ W
long.;
(245) 36°47.76′ N lat., 121°58.68′ W
long.;
(246) 36°48.39′ N lat., 121°51.10′ W
long.;
(247) 36°45.74′ N lat., 121°54.17′ W
long.;
(248) 36°45.51′ N lat., 121°57.72′ W
long.;
(249) 36°38.84′ N lat., 122°01.32′ W
long.;
(250) 36°35.62′ N lat., 122°00.98′ W
long.;
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(251) 36°32.46′ N lat., 121°59.15′ W
long.;
(252) 36°32.79′ N lat., 121°57.67′ W
long.;
(253) 36°31.98′ N lat., 121°56.55′ W
long.;
(254) 36°31.79′ N lat., 121°58.40′ W
long.;
(255) 36°30.73′ N lat., 121°59.70′ W
long.;
(256) 36°30.31′ N lat., 122°00.22′ W
long.;
(257) 36°29.35′ N lat., 122°00.28′ W
long.;
(258) 36°27.66′ N lat., 121°59.80′ W
long.;
(259) 36°26.22′ N lat., 121°58.35′ W
long.;
(260) 36°21.20′ N lat., 122°00.72′ W
long.;
(261) 36°20.47′ N lat., 122°02.92′ W
long.;
(262) 36°18.46′ N lat., 122°04.51′ W
long.;
(263) 36°15.92′ N lat., 122°01.33′ W
long.;
(264) 36°13.81′ N lat., 121°57.40′ W
long.;
(265) 36°14.43′ N lat., 121°55.43′ W
long.;
(266) 36°10.24′ N lat., 121°43.08′ W
long.;
(267) 36°07.66′ N lat., 121°40.91′ W
long.;
(268) 36°02.49′ N lat., 121°36.51′ W
long.;
(269) 36°01.08′ N lat., 121°36.63′ W
long.;
(270) 36°00.00′ N lat., 121°35.41′ W
long.;
(271) 35°57.84′ N lat., 121°32.81′ W
long.;
(272) 35°50.36′ N lat., 121°29.32′ W
long.;
(273) 35°39.03′ N lat., 121°22.86′ W
long.;
(274) 35°24.27′ N lat., 121°02.74′ W
long.;
(275) 35°16.53′ N lat., 121°00.39′ W
long.;
(276) 35°04.82′ N lat., 120°53.96′ W
long.;
(277) 34°52.51′ N lat., 120°51.62′ W
long.;
(278) 34°43.36′ N lat., 120°52.12′ W
long.;
(279) 34°38.06′ N lat., 120°49.65′ W
long.;
(280) 34°30.85′ N lat., 120°44.76′ W
long.;
(281) 34°27.00′ N lat., 120°39.00′ W
long.;
(282) 34°21.90′ N lat., 120°25.25′ W
long.;
(283) 34°24.86′ N lat., 120°16.81′ W
long.;
(284) 34°22.80′ N lat., 119°57.06′ W
long.;
(285) 34°18.59′ N lat., 119°44.84′ W
long.;
E:\FR\FM\14OCP5.SGM
14OCP5
jspears on DSK121TN23PROD with PROPOSALS5
Federal Register / Vol. 87, No. 198 / Friday, October 14, 2022 / Proposed Rules
(286) 34°15.04′ N lat., 119°40.34′ W
long.;
(287) 34°14.40′ N lat., 119°45.39′ W
long.;
(288) 34°12.32′ N lat., 119°42.41′ W
long.;
(289) 34°09.71′ N lat., 119°28.85′ W
long.;
(290) 34°04.70′ N lat., 119°15.38′ W
long.;
(291) 34°03.33′ N lat., 119°12.93′ W
long.;
(292) 34°02.72′ N lat., 119°07.01′ W
long.;
(293) 34°03.90′ N lat., 119°04.64′ W
long.;
(294) 34°02.75′ N lat., 119°02.88′ W
long.;
(295) 33°59.44′ N lat., 119°03.43′ W
long.;
(296) 33°59.12′ N lat., 118°59.59′ W
long.;
(297) 33°59.84′ N lat., 118°57.29′ W
long.;
(298) 33°58.83′ N lat., 118°46.69′ W
long.;
(299) 33°58.73′ N lat., 118°41.76′ W
long.;
(300) 33°55.09′ N lat., 118°34.11′ W
long.;
(301) 33°54.09′ N lat., 118°38.42′ W
long.;
(302) 33°51.00′ N lat., 118°36.66′ W
long.;
(303) 33°49.06′ N lat., 118°31.86′ W
long.;
(304) 33°49.69′ N lat., 118°26.49′ W
long.;
(305) 33°49.35′ N lat., 118°26.04′ W
long.;
(306) 33°47.60′ N lat., 118°31.13′ W
long.;
(307) 33°39.82′ N lat., 118°18.31′ W
long.;
(308) 33°35.68′ N lat., 118°16.81′ W
long.;
(309) 33°32.85′ N lat., 118°09.41′ W
long.;
(310) 33°35.14′ N lat., 118°04.95′ W
long.;
(311) 33°33.56′ N lat., 118°00.63′ W
long.;
(312) 33°34.25′ N lat., 117°53.44′ W
long.;
(313) 33°31.65′ N lat., 117°49.21′ W
long.;
(314) 33°16.07′ N lat., 117°34.74′ W
long.;
(315) 33°07.06′ N lat., 117°22.71′ W
long.;
(316) 33°02.81′ N lat., 117°21.17′ W
long.;
(317) 33°01.76′ N lat., 117°20.51′ W
long.;
(318) 32°59.90′ N lat., 117°19.38′ W
long.;
(319) 32°57.29′ N lat., 117°18.94′ W
long.;
(320) 32°56.15′ N lat., 117°19.54′ W
long.;
VerDate Sep<11>2014
19:22 Oct 13, 2022
Jkt 259001
(321) 32°55.30′ N lat., 117°19.38′ W
long.;
(322) 32°54.27′ N lat., 117°17.17′ W
long.;
(323) 32°52.94′ N lat., 117°17.11′ W
long.;
(324) 32°52.66′ N lat., 117°19.67′ W
long.;
(325) 32°50.95′ N lat., 117°21.17′ W
long.;
(326) 32°47.11′ N lat., 117°22.98′ W
long.;
(327) 32°45.60′ N lat., 117°22.64′ W
long.;
(328) 32°42.79′ N lat., 117°21.16′ W
long.; and
(329) 32°34.22′ N lat., 117°21.20′ W
long.
*
*
*
*
*
(d) * * *
*
*
*
*
*
(10) 34°02.97′ N lat., 119°16.89′ W
long.;
*
*
*
*
*
(e) * * *
*
*
*
*
*
(188) 40°22.32′ N lat., 124°25.15′ W
long.;
(189) 40°21.85′ N lat., 124°25.09′ W
long.;
*
*
*
*
*
(264) 36°51.44′ N lat., 122°10.79′ W
long.;
*
*
*
*
*
(272) 36°45.52′ N lat., 121°57.74′ W
long.;
*
*
*
*
*
(274) 36°38.84′ N lat., 122°01.44′ W
long.;
(275) 36°35.62′ N lat., 122°01.06′ W
long.;
(276) 36°32.41′ N lat., 121°59.18′ W
long.;
*
*
*
*
*
(284) 36°13.66′ N lat., 121°57.17′ W
long.;
(285) 36°14.35′ N lat., 121°55.38′ W
long.;
(286) 36°10.18′ N lat., 121°43.26′ W
long.;
*
*
*
*
*
(290) 35°59.96′ N lat., 121°35.39′ W
long.;
*
*
*
*
*
(318) 34°07.06′ N lat., 120°10.42′ W
long.;
(319) 34°08.93′ N lat., 120°18.34′ W
long.;
(320) 34°11.04′ N lat., 120°25.20′ W
long.;
(321) 34°13.01′ N lat., 120°29.29′ W
long.;
(322) 34°09.41′ N lat., 120°37.69′ W
long.;
(323) 34°03.20′ N lat., 120°34.52′ W
long.;
*
*
*
*
*
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(350) 33°48.70′ N lat., 118°31.99′ W
long.;
(351) 33°48.87′ N lat., 118°29.47′ W
long.;
(352) 33°48.37′ N lat., 118°29.40′ W
long.;
(353) 33°47.63′ N lat., 118°31.57′ W
long.;
(354) 33°39.78′ N lat., 118°18.40′ W
long.;
(355) 33°35.50′ N lat., 118°16.85′ W
long.;
(356) 33°32.46′ N lat., 118°10.90′ W
long.;
(357) 33°32.81′ N lat., 118°07.30′ W
long.;
(358) 33°34.38′ N lat., 118°05.94′ W
long.;
(359) 33°34.42′ N lat., 118°03.95′ W
long.;
(360) 33°33.40′ N lat., 118°01.26′ W
long.;
(361) 33°34.11′ N lat., 117°54.07′ W
long.;
(362) 33°31.61′ N lat., 117°49.30′ W
long.;
(363) 33°16.36′ N lat., 117°35.48′ W
long.;
(364) 33°06.81′ N lat., 117°22.93′ W
long.;
(365) 32°59.28′ N lat., 117°19.69′ W
long.;
(366) 32°55.37′ N lat., 117°19.55′ W
long.;
(367) 32°53.12′ N lat., 117°17.49′ W
long.;
(368) 32°52.56′ N lat., 117°20.75′ W
long.;
(369) 32°46.42′ N lat., 117°23.45′ W
long.;
(370) 32°42.71′ N lat., 117°21.45′ W
long.; and
(371) 32°34.54′ N lat., 117°23.04′ W
long.
*
*
*
*
*
(f) The 125 fm (229 m) depth contour
around San Clemente Island off the state
of California is defined by straight lines
connecting all of the following points in
the order stated:
(1) 33°04.86′ N lat., 118°37.89′ W
long.;
(2) 33°02.67′ N lat., 118°34.07′ W
long.;
(3) 32°55.97′ N lat., 118°28.95′ W
long.;
(4) 32°55.06′ N lat., 118°27.66′ W
long.;
(5) 32°49.79′ N lat., 118°20.84′ W
long.;
(6) 32°48.02′ N lat., 118°19.49′ W
long.;
(7) 32°47.37′ N lat., 118°21.72′ W
long.;
(8) 32°43.58′ N lat., 118°24.54′ W
long.;
(9) 32°47.74′ N lat., 118°30.39′ W
long.;
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(10) 32°49.74′ N lat., 118°32.11′ W
long.;
(11) 32 °53.36′ N lat., 118°33.44′ W
long.;
(12) 32 °54.89′ N lat., 118°35.37′ W
long.;
(13) 33 °00.20′ N lat., 118°38.72′ W
long.;
(14) 33 °03.15′ N lat., 118°39.80′ W
long.; and
(15) 33 °04.86′ N lat., 118°37.89′ W
long.;
*
*
*
*
*
(g) * * *
*
*
*
*
*
(12) 33°19.85′ N lat., 118°32.25′ W
long.;
(13) 33°20.82′ N lat., 118°32.98′ W
long.;
*
*
*
*
*
(h) The 125 fm (229 m) depth contour
around Lasuen Knoll off the state of
California is defined by straight lines
connecting all of the following points in
the order stated:
(1) 33°24.50′ N lat., 118°01.08′ W
long.;
(2) 33°23.35′ N lat., 117°59.83′ W
long.;
(3) 33°23.69′ N lat., 117°58.47′ W
long.;
(4) 33°24.76′ N lat., 117°59.33′ W
long.; and
(5) 33°24.50′ N lat., 118°01.08′ W
long.
*
*
*
*
*
(l) The 150 fm (274 m) depth contour
used around Lasuen Knoll off the state
of California is defined by straight lines
connecting all of the following points in
the order stated:
(1) 33°25.07′ N lat., 117°59.26′ W
long.;
(2) 33°23.69′ N lat., 117°58.13′ W
long.;
(3) 33°23.18′ N lat., 117°59.87′ W
long.;
(4) 33°24.61′ N lat., 118°01.31′ W
long.; and
(5) 33°25.07′ N lat., 117°59.26′ W
long.
*
*
*
*
*
■ 9. In § 660.74, revise paragraphs (d),
(j), and (p)(3) through (7) to read as
follows:
§ 660.74 Latitude/longitude coordinates
defining the 180 fm (329 m) through 250 fm
(457 m) depth contours.
*
*
*
*
*
(d) The 180 fm (329 m) depth contour
used around Lasuen Knoll off the state
of California is defined by straight lines
connecting all of the following points in
the order stated:
(1) 33°25.05′ N lat., 118°01.70′ W
long.;
(2) 33°25.41′ N lat., 117°59.36′ W
long.;
(3) 33°23.49′ N lat., 117°57.47′ W
long.;
(4) 33°23.02′ N lat., 117°59.78′ W
long.;
(5) 33°23.85′ N lat., 118°00.88′ W
long.; and
(6) 33°25.05′ N lat., 118°01.70′ W
long.
*
*
*
*
*
(j) The 200 fm (366 m) depth contour
used around Lasuen Knoll off the state
of California is defined by straight lines
connecting all of the following points in
the order stated:
(1) 33°25.91′ N lat., 117°59.44′ W
long.;
(2) 33°23.37′ N lat., 117°56.97′ W
long.;
(3) 33°22.88′ N lat., 117°59.72′ W
long.;
(4) 33°23.85′ N lat., 118°01.03′ W
long.;
(5) 33°25.20′ N lat., 118°01.89′ W
long.; and
(6) 33°25.91′ N lat., 117°59.44′ W
long.
*
*
*
*
*
(p) * * *
*
*
*
*
*
(3) 33°23.83′ N lat., 117°56.19′ W
long.;
(4) 33°22.24′ N lat., 117°57.20′ W
long.;
(5) 33°22.78′ N lat., 117°59.68′ W
long.;
(6) 33°23.79′ N lat., 118°01.32′ W
long.;
(7) 33°25.79′ N lat., 118°02.25′ W
long.;
*
*
*
*
*
■ 10. Revise Tables 1a through 1c to part
660, subpart C, to read as follows:
*
*
*
*
*
TABLE 1a. TO PART 660, SUBPART C—2023, SPECIFICATIONS OF OFL, ABC, ACL, ACT AND FISHERY HG
[(Weights in metric tons). Capitalized stocks are rebuilding.]
Stocks
Area
jspears on DSK121TN23PROD with PROPOSALS5
ROCKFISH c
YELLOWEYE
...............................
Arrowtooth Flounder d ........................................
Big Skate e .........................................................
Black Rockfish f ..................................................
Black Rockfish g .................................................
Bocaccio h ..........................................................
Cabezon i ...........................................................
California Scorpionfish j .....................................
Canary Rockfish k ..............................................
Chilipepper l .......................................................
Cowcod m ...........................................................
Cowcod .......................................................
Cowcod .......................................................
Darkblotched Rockfish n ....................................
Dover Sole o .......................................................
English Sole p ....................................................
Lingcod q ............................................................
Lingcod r .............................................................
Longnose Skate s ...............................................
Longspine Thornyhead t ....................................
Longspine Thornyhead u ....................................
Pacific Cod v ......................................................
Pacific Ocean Perch w .......................................
Pacific Whiting x .................................................
Petrale Sole y .....................................................
Sablefish z ..........................................................
Sablefish aa ........................................................
Shortspine Thornyhead bb ..................................
Shortspine Thornyhead cc ..................................
Spiny Dogfish dd .................................................
Splitnose ee ........................................................
Starry Flounder ff ................................................
Widow Rockfish gg .............................................
Yellowtail Rockfish hh .........................................
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Coastwide .........................................................
Coastwide .........................................................
Coastwide .........................................................
California (S of 42° N lat) .................................
Washington (N of 46°16′ N lat) ........................
S of 40°10′ N lat ...............................................
California (S of 42° N lat) .................................
S of 34°27′ N lat ...............................................
Coastwide .........................................................
S of 40°10′ N lat ...............................................
S of 40°10′ N lat ...............................................
(Conception) ......................................................
(Monterey) .........................................................
Coastwide .........................................................
Coastwide .........................................................
Coastwide .........................................................
N of 40°10′ N lat ...............................................
S of 40°10′ N lat ...............................................
Coastwide .........................................................
N of 34°27′ N lat ...............................................
S of 34°27′ N lat ...............................................
Coastwide .........................................................
N of 40°10′ N lat ...............................................
Coastwide .........................................................
Coastwide .........................................................
N of 36° N lat ....................................................
S of 36° N lat ....................................................
N of 34°27′ N lat ...............................................
S of 34°27′ N lat ...............................................
Coastwide .........................................................
S of 40°10′ N lat ...............................................
Coastwide .........................................................
Coastwide .........................................................
N of 40°10′ N lat ...............................................
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123
26,391
1,541
368
319
2,009
197
290
1,413
2,401
113
94
19
856
63,834
11,133
5,010
846
1,993
4,616
725
3,200
4,248
x
3,763
11,577
2,338
3,177
719
1,911
1,803
652
13,633
6,178
E:\FR\FM\14OCP5.SGM
ABC
103
18,632
1,320
334
290
1,842
182
262
1,284
2,183
80
69
11
785
59,685
9,018
4,378
739
1,708
3,019
722.8
1,926
3,573
x
3,485
10,825
2,310.6
2,078
712.3
1,456
1,592
392
12,624
5,666
14OCP5
ACL a
Fishery HG b
66
18,632
1,320
334
290
1,842
182
262
1,284
2,183
80
NA
NA
785
50,000
9,018
4,378
726
1,708
2,295
55.3
16,537
1,260.2
332.1
271.8
1,793.9
180.4
258.4
1,215.1
2,085
68.8
NA
NA
761.2
48,402.9
8,758.5
4,098.4
710.5
1,456.7
2,241.3
1,600
3,573
x
3,485
8,486
1,094
3,427.5
x
3,098.8
See Table 1c
1,359
1,280.7
1,456
1,592
392
12,624
5,666
1,104.5
1,573.4
343.7
12,385.7
4,638.5
62705
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TABLE 1a. TO PART 660, SUBPART C—2023, SPECIFICATIONS OF OFL, ABC, ACL, ACT AND FISHERY HG—Continued
[(Weights in metric tons). Capitalized stocks are rebuilding.]
Stocks
Area
OFL
Blue/Deacon/Black Rockfish ii ............................
Cabezon/Kelp Greenling jj ..................................
Cabezon/Kelp Greenling kk ................................
Nearshore Rockfish North ll ...............................
Nearshore Rockfish South mm ...........................
Other Fish nn ......................................................
Other Flatfish oo .................................................
Shelf Rockfish North pp ......................................
Shelf Rockfish South qq .....................................
Slope Rockfish North rr ......................................
Slope Rockfish South ss .....................................
Oregon ..............................................................
Oregon ..............................................................
Washington .......................................................
N of 40°10′ N lat ...............................................
S of 40°10′ N lat ...............................................
Coastwide .........................................................
Coastwide .........................................................
N of 40°10′ N lat ...............................................
S of 40°10′ N lat ...............................................
N of 40°10′ N lat ...............................................
S of 40°10′ N lat ...............................................
ABC
ACL a
Fishery HG b
Stock Complexes
679
202
25
110
1,089
286
7,887
1,614
1,835
1,819
870
597
185
20
93
897
223
4,862
1,283
1,469
1,540
701
jspears on DSK121TN23PROD with PROPOSALS5
a Annual catch
b Fishery HGs
597
185
20
93
887
223
4,862
1,283
1,469
1,540
701
595.2
184.2
18.0
89.7
882.5
201.8
4,641
1,212.1
1,336.2
1,474.6
662.1
limits (ACLs), annual catch targets (ACTs) and harvest guidelines (HGs) are specified as total catch valueS
means the HG or quota after subtracting Pacific Coast treaty Indian tribes allocations and projected catch, projected research catch, deductions for
fishing mortality in non-groundfish fisheries, and deductions for EFPs from the ACL or ACT.
c Yelloweye rockfish. The 66 mt ACL is based on the current rebuilding plan with a target year to rebuild of 2029 and an SPR harvest rate of 65 percent. 10.7 mt is
deducted from the ACL to accommodate the Tribal fishery (5 mt), EFP fishing (0.12 mt), research catch (2.92 mt), and incidental open access mortality (2.66 mt) resulting in a fishery HG of 55.3 mt. The non-trawl HG is 50.9 mt. The combined non-nearshore/nearshore HG is 10.7 mt. Recreational HGs are: 13.2 mt (Washington);
11.7 mt (Oregon); and 15.3 mt (California). In addition, the non-trawl ACT is 39.9 mt, and the combined non-nearshore/nearshore ACT is 8.4 mt. Recreational ACTs
are: 10.4 mt (Washington), 9.2 mt (Oregon), and 12.0 mt (California).
d Arrowtooth flounder. 2,094.98 mt is deducted from the ACL to accommodate the Tribal fishery (2,041 mt), research catch (12.98 mt) and incidental open access
mortality (41 mt), resulting in a fishery HG of 16,537 mt.
e Big skate. 59.8 mt is deducted from the ACL to accommodate the Tribal fishery (15 mt), research catch (5.49 mt), and incidental open access mortality (39.31 mt),
resulting in a fishery HG of 1,260.2 mt.
f Black rockfish (California). 2.26 mt is deducted from the ACL to accommodate EFP fishing (1.0 mt), research catch (0.08 mt), and incidental open access mortality
(1.18 mt), resulting in a fishery HG of 332.1 mt.
g Black rockfish (Washington). 18.1 mt is deducted from the ACL to accommodate the Tribal fishery (18 mt) and research catch (0.1 mt), resulting in a fishery HG of
271.8 mt.
h Bocaccio south of 40°10′ N lat. Bocaccio are managed with stock-specific harvest specifications south of 40°10′ N lat. and within the Minor Shelf Rockfish complex north of 40°10′ N lat. 48.12 mt is deducted from the ACL to accommodate EFP fishing (40 mt), research catch (5.6 mt), and incidental open access mortality
(2.52 mt), resulting in a fishery HG of 1,793.9 mt. The California recreational fishery south of 40°10′ N lat. has an HG of 755.6 mt.
i Cabezon (California). 1.63 mt is deducted from the ACL to accommodate EFP fishing (1 mt), research catch (0.02 mt), and incidental open access fishery mortality
(0.61 mt), resulting in a fishery HG of 180.4 mt.
j California scorpionfish south of 34°27′ N lat. 3.89 mt is deducted from the ACL to accommodate research (0.18 mt) and the incidental open access fishery (3.71
mt), resulting in a fishery HG of 258.4 mt.
k Canary rockfish. 68.91 mt is deducted from the ACL to accommodate the Tribal fishery (50 mt), EFP fishing (6 mt), and research catch (10.08 mt), and incidental
open access mortality (2.83 mt), resulting in a fishery HG of 1,215.1 mt. The combined nearshore/non-nearshore HG is 121.2 mt. Recreational HGs are: 41.4 mt
(Washington); 62.3 mt (Oregon); and 111.7 mt (California).
l Chilipepper rockfish south of 40°10′ N lat. Chilipepper are managed with stock-specific harvest specifications south of 40°10′N lat. and within the Minor Shelf Rockfish complex north of 40°10′ N lat. 97.7 mt is deducted from the ACL to accommodate EFP fishing (70 mt), research catch (14.04 mt), incidental open access fishery
mortality (13.66 mt), resulting in a fishery HG of 2,085 mt.
m Cowcod south of 40°10′ N lat. Cowcod are managed with stock-specific harvest specifications south of 40°10′ N lat. and within the Minor Shelf Rockfish complex
north of 40°10′ N lat. 11.17 mt is deducted from the ACL to accommodate EFP fishing (1 mt), research catch (10 mt), and incidental open access mortality (0.17 mt),
resulting in a fishery HG of 68.8 mt.
n Darkblotched rockfish. 23.76 mt is deducted from the ACL to accommodate the Tribal fishery (5 mt), EFP fishing (0.5 mt), research catch (8.46 mt), and incidental
open access mortality (9.8 mt) resulting in a fishery HG of 761.2 mt.
o Dover sole. 1,597.11 mt is deducted from the ACL to accommodate the Tribal fishery (1,497 mt), research catch (50.84 mt), and incidental open access mortality
(49.27 mt), resulting in a fishery HG of 48,402.9 mt.
p English sole. 259.52 mt is deducted from the ACL to accommodate the Tribal fishery (200 mt), research catch (17 mt), and incidental open access mortality (42.52
mt), resulting in a fishery HG of 8,758.5 mt.
q Lingcod north of 40°10′ N lat. 279.63 mt is deducted from the ACL for the Tribal fishery (250 mt), research catch (17.71 mt), and incidental open access mortality
(11.92 mt) resulting in a fishery HG of 4,098.4 mt.
r Lingcod south of 40°10′ N lat. 15.5 mt is deducted from the ACL to accommodate EFP fishing (4 mt), research catch (3.19 mt), and incidental open access mortality (8.31 mt), resulting in a fishery HG of 710.5 mt.
s Longnose skate. 251.3 mt is deducted from the ACL to accommodate the Tribal fishery (220 mt), research catch (12.46 mt), and incidental open access mortality
(18.84 mt), resulting in a fishery HG of 1,456.7 mt.
t Longspine thornyhead north of 34°27′ N lat. 53.71 mt is deducted from the ACL to accommodate the Tribal fishery (30 mt), research catch (17.49 mt), and incidental open access mortality(6.22 mt), resulting in a fishery HG of 2,241.3 mt.
u Longspine thornyhead south of 34°27′ N lat. 2.24 mt is deducted from the ACL to accommodate research catch (1.41 mt) and incidental open access mortality
(0.83 mt), resulting in a fishery HG of 722.8 mt.
v Pacific cod. 506 mt is deducted from the ACL to accommodate the Tribal fishery (500 mt), research catch (5.47 mt), and incidental open access mortality (0.53
mt), resulting in a fishery HG of 1,094 mt.
w Pacific ocean perch north of 40°10′ N lat. Pacific ocean perch are managed with stock-specific harvest specifications north of 40°10′ N lat. and within the Minor
Slope Rockfish complex south of 40°10′ N lat. 145.48 mt is deducted from the ACL to accommodate the Tribal fishery (130 mt), research catch (5.39 mt), and incidental open access mortality (10.09 mt), resulting in a fishery HG of 3,427.5 mt.
x Pacific whiting. Pacific whiting are assessed annually. The final specifications will be determined consistent with the U.S-Canada Pacific Whiting Agreement and
will be announced after the Council′s April 2023 meeting.
y Petrale sole. 386.24 mt is deducted from the ACL to accommodate the Tribal fishery (350 mt), EFP fishing (1 mt), research catch (24.14 mt), and incidental open
access mortality (11.1 mt), resulting in a fishery HG of 3,098.8 mt.
z Sablefish north of 36° N lat. The sablefish coastwide ACL value is not specified in regulationS The coastwide sablefish ACL value is apportioned north and south
of 36° N lat., using the rolling 5-year average estimated swept area biomass from the NMFS NWFSC trawl survey, with 78.4 percent apportioned north of 36° N lat.
and 21.6 percent apportioned south of 36° N lat. The northern ACL is 8,486 mt and is reduced by 849 mt for the Tribal allocation (10 percent of the ACL north of 36°
N lat.). The 849 mt Tribal allocation is reduced by 1.7 percent to account for discard mortality. Detailed sablefish allocations are shown in Table 1c.
aa Sablefish south of 36° N lat. The ACL for the area south of 36° N lat. is 2,338 mt (21.6 percent of the calculated coastwide ACL value). 27.4 mt is deducted from
the ACL to accommodate research catch (2.40 mt) and incidental open access mortality (25 mt), resulting in a fishery HG of 2,310.6 mt.
bb Shortspine thornyhead north of 34°27′ N lat. 78.3 mt is deducted from the ACL to accommodate the Tribal fishery (50 mt), research catch (10.48 mt), and incidental open access mortality (17.82 mt), resulting in a fishery HG of 1,280.7 mt for the area north of 34°27′ N lat.
cc Shortspine thornyhead south of 34°27′ N lat. 6.71 mt is deducted from the ACL to accommodate research catch (0.71 mt) and incidental open access mortality (6
mt), resulting in a fishery HG of 712.3 mt for the area south of 34°27′ N lat.
dd Spiny dogfish. 351.48 mt is deducted from the ACL to accommodate the Tribal fishery (275 mt), EFP fishing (1 mt), research catch (41.85 mt), and incidental
open access mortality (33.63 mt), resulting in a fishery HG of 1,104.5 mt.
ee Splitnose rockfish south of 40°10′ N lat. 18.42 mt is deducted from the ACL to accommodate EFP fishing (1.5 mt), research catch (11.17 mt), and incidental open
access mortality (5.75 mt), resulting in a fishery HG of 1,573.4 mt.
ff Starry flounder. 48.28 mt is deducted from the ACL to accommodate the Tribal fishery (2 mt), research catch (0.57 mt), and incidental open access mortality
(45.71 mt), resulting in a fishery HG of 343.7 mt.
gg Widow rockfish. 238.32 mt is deducted from the ACL to accommodate the Tribal fishery (200 mt), EFP fishing (18 mt), research catch (17.27 mt), and incidental
open access mortality (3.05 mt), resulting in a fishery HG of 12,385.7 mt.
hh Yellowtail rockfish north of 40°10′ N lat. Yellowtail rockfish are managed with stock-specific harvest specifications north of 40°10′ N lat. and within the Minor Shelf
Rockfish complex south of 40°10′ N lat. 1,027.55 mt is deducted from the ACL to accommodate the Tribal fishery (1,000 mt), research catch (20.55 mt), and incidental open access mortality (7 mt), resulting in a fishery HG of 4,638.5 mt.
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ii Black rockfish/Blue rockfish/Deacon rockfish (Oregon). 1.82 mt is deducted from the ACL to accommodate research catch (0.08 mt) and incidental open access
mortality (1.74 mt), resulting in a fishery HG of 595.2 mt.
jj Cabezon/kelp greenling (Oregon). 0.79 mt is deducted from the ACL to accommodate research catch (0.05 mt), and incidental open access mortality (0.74 mt), resulting in a fishery HG of 184.2 mt.
kk Cabezon/kelp greenling (Washington). 2 mt is deducted from the ACL to accommodate the Tribal fishery, resulting in a fishery HG is 18 mt.
ll Nearshore Rockfish north of 40°10′ N lat. 3.27 mt is deducted from the ACL to accommodate the Tribal fishery (1.5 mt), research catch (0.47 mt), and incidental
open access mortality (1.3 mt), resulting in a fishery HG of 89.7 mt. State specific HGs are Washington (17.7 mt), Oregon (32.0 mt), and California (39.6 mt). The
ACT for copper rockfish (California) is 6.93 mt. The ACT for quillback rockfish (California) is 0.87 mt.
mm Nearshore Rockfish south of 40°10′ N lat. 4.54 mt is deducted from the ACL to accommodate research catch (2.68 mt) and incidental open access mortality
(1.86 mt), resulting in a fishery HG of 882.5 mt. The ACT for copper rockfish is 84.61 mt. The ACT for quillback rockfish is 0.89 mt.
nn Other Fish. The Other Fish complex is comprised of kelp greenling off California and leopard shark coastwide. 21.24 mt is deducted from the ACL to accommodate research catch (6.29 mt) and incidental open access mortality (14.95 mt), resulting in a fishery HG of 201.8 mt.
oo Other Flatfish. The Other Flatfish complex is comprised of flatfish species managed in the PCGFMP that are not managed with stock-specific OFLs/ABCs/ACLS
Most of the species in the Other Flatfish complex are unassessed and include: butter sole, curlfin sole, flathead sole, Pacific sanddab, rock sole, sand sole, and rex
sole. 220.79 mt is deducted from the ACL to accommodate the Tribal fishery (60 mt), research catch (23.63 mt), and incidental open access mortality (137.16 mt), resulting in a fishery HG of 4,641.2 mt.
pp Shelf Rockfish north of 40°10′ N lat. 70.94 mt is deducted from the ACL to accommodate the Tribal fishery (30 mt), research catch (15.32 mt), and incidental
open access mortality (25.62 mt), resulting in a fishery HG of 1,212.1 mt.
qq Shelf Rockfish south of 40°10′ N lat. 132.77 mt is deducted from the ACL to accommodate EFP fishing (50 mt), research catch (15.1 mt), and incidental open access mortality (67.67 mt) resulting in a fishery HG of 1,336.2 mt.
rr Slope Rockfish north of 40°10′ N lat. 65.39 mt is deducted from the ACL to accommodate the Tribal fishery (36 mt), and research catch (10.51 mt), and incidental
open access mortality (18.88 mt), resulting in a fishery HG of 1,474.6 mt.
ss Slope Rockfish south of 40°10′ N lat. 38.94 mt is deducted from the ACL to accommodate EFP fishing (1 mt), research catch (18.21 mt), and incidental open access mortality (19.73 mt), resulting in a fishery HG of 662.1 mt. Blackgill rockfish has a stock-specific HG for the entire groundfish fishery south of 40°10′ N lat. set
equal to the species′ contribution to the ACL. Harvest of blackgill rockfish in all groundfish fisheries south of 40°10′ N lat. counts against this HG of 172.4 mt.
TABLE 1b. TO PART 660, SUBPART C—2023, ALLOCATIONS BY SPECIES OR SPECIES GROUP
[Weight in metric tons]
Stocks/stock complexes
Trawl
Fishery HG
or ACT
Area
Non-trawl
%
YELLOWEYE ROCKFISH a .................
Arrowtooth flounder .............................
Big skate a ............................................
Bocaccio a ............................................
Canary rockfish a .................................
Chilipepper rockfish .............................
Cowcod a b ...........................................
Darkblotched rockfish ..........................
Dover sole ...........................................
English sole .........................................
Lingcod ................................................
Lingcod a ..............................................
Longnose skate a .................................
Longspine thornyhead .........................
Pacific cod ...........................................
Pacific ocean perch .............................
Pacific whiting c ....................................
Petrale sole a .......................................
Coastwide ...........................................
Coastwide ...........................................
Coastwide ...........................................
S of 40°10′ N lat .................................
Coastwide ...........................................
S of 40°10′N lat ...................................
S of 40°10′ N lat .................................
Coastwide ...........................................
Coastwide ...........................................
Coastwide ...........................................
N of 40′10° N lat .................................
S of 40′10° N lat .................................
Coastwide ...........................................
N of 34°27′ N lat .................................
Coastwide ...........................................
N of 40°10′ N lat .................................
Coastwide ...........................................
Coastwide ...........................................
55.3
16,537
1,260.2
1,793.9
1,215.1
2,085
68.8
761.2
48,402.8
8,758.5
4,098.4
710.5
1,456.7
2,241.3
1,094
3,427.5
TBD
3,098.8
Sablefish ..............................................
N of 36° N lat ......................................
NA
Sablefish ..............................................
Shortspine thornyhead ........................
Shortspine thornyhead ........................
Splitnose rockfish ................................
Starry flounder .....................................
Widow rockfish a ..................................
Yellowtail rockfish ................................
Other Flatfish .......................................
Shelf Rockfish a ...................................
Shelf Rockfish a ...................................
Slope Rockfish ....................................
Slope Rockfish a ..................................
S of 36° N lat ......................................
N of 34°27′ N lat .................................
S of 34°27′ N lat .................................
S of 40°10′ N lat .................................
Coastwide ...........................................
Coastwide ...........................................
N of 40°10′ N lat .................................
Coastwide ...........................................
N of 40°10′ N lat .................................
S of 40°10′ N lat .................................
N of 40°10′ N lat .................................
S of 40°10′ N lat .................................
2,310.6
1,280.7
712.3
1,572.4
343.7
12,385.7
4,638.5
4,641.2
1,212.1
1,336.2
1,474.6
662.1
Mt
8
95
95
39.04
72.281
75
36
95
95
95
45
40
90
95
95
95
100
........................
%
4.4
15,710.2
1,197.2
700.3
878.3
1,563.8
24.8
723.2
45,982.7
8,320.6
1,844.3
284.2
1,311
2,129.2
1,039.3
3,256.1
TBD
3,068.8
Mt
92
5
5
60.96
27.719
25
64
5
5
5
55
60
10
5
5
5
0
........................
50.9
826.9
63
1,093.5
336.8
521.3
44.1
38.1
2,420.1
437.9
2,254.1
426.3
145.7
112.1
54.7
171.4
0
30
See Table 1c
42
95
........................
95
50
........................
88
90
60.2
12.2
81
63
970.5
1,216.7
50
1,494.7
171.9
11,985.7
4,081.8
4,177.1
729.7
163
1,194.4
417.1
58
5
........................
5
50
........................
12
10
39.8
87.8
19
37
1,340.1
64
662.3
78.7
171.9
400
556.6
464.1
482.4
1,173.2
280.2
245
a Allocations decided through the biennial specification
b The cowcod non-trawl allocation is further split 50:50
process.
between the commercial and recreational sectors. This results in a sector-specific ACT of 22 mt for the commercial sector and 22 mt for the recreational sector.
c Consistent with regulations at § 660.55(i)(2), the commercial harvest guideline for Pacific whiting is allocated as follows: 34 percent for the C/P Coop Program; 24
percent for the MS Coop Program; and 42 percent for the Shorebased IFQ Program. No more than 5 percent of the Shorebased IFQ Program allocation may be
taken and retained south of 42° N lat. before the start of the primary Pacific whiting season north of 42° N lat.
TABLE 1c. TO PART 660, SUBPART C—SABLEFISH NORTH OF 36° N LAT. ALLOCATIONS, 2023
[Weight in metric tons]
Set-asides
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Year
2023 ......................
8,486
Year
LE all
2023 ......................
a The
Research
Recreational
estimate
EFP
Tribal a
849
30.7
6
1
ACL
6,885
Limited entry HG
Percent
mt
Percent
mt b
7,600
90.6
6,885
9.4
714
Limited entry trawl c
Limited entry fixed gear d
All trawl
At-sea whiting
Shorebased IFQ
All FG
Primary
DTL
3,994
100
3,893.5
2,892
2,458
434
tribal allocation is further reduced by 1.7 percent for discard mortality resulting in 834.6 mt in 2023.
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b The
c The
d The
62707
open access HG is taken by the incidental OA fishery and the directed OA fishery.
trawl allocation is 58 percent of the limited entry HG.
limited entry fixed gear allocation is 42 percent of the limited entry HG.
■ 11. Revise Tables 2a through 2c to Part
660, Subpart C, to read as follows:
TABLE 2a. TO PART 660, SUBPART C—2024, AND BEYOND, SPECIFICATIONS OF OFL, ABC, ACL, ACT AND FISHERY
HARVEST GUIDELINES
[Weights in metric tons. Capitalized stocks are overfished.]
Stocks
Area
OFL
YELLOWEYE ROCKFISH c ..............
Arrowtooth Flounder d .......................
Big Skate e ........................................
Black Rockfish f .................................
Black Rockfish g ................................
Bocaccio h .........................................
Cabezon i ...........................................
California Scorpionfish j .....................
Canary Rockfish k ..............................
Chilipepper l .......................................
Cowcod m ..........................................
Cowcod ......................................
Cowcod ......................................
Darkblotched Rockfish n ....................
Dover Sole o ......................................
English Sole p ....................................
Lingcod q ...........................................
Lingcod r ............................................
Longnose Skate s ..............................
Longspine Thornyhead t ....................
Longspine Thornyhead u ...................
Pacific Cod v ......................................
Pacific Ocean Perch w .......................
Pacific Whiting x ................................
Petrale Sole y ....................................
Sablefish z .........................................
Sablefish aa ........................................
Shortspine Thornyhead bb .................
Shortspine Thornyhead cc .................
Spiny Dogfish dd ................................
Splitnose ee ........................................
Starry Flounder ff ...............................
Widow Rockfish gg .............................
Yellowtail Rockfish hh ........................
Coastwide .........................................
Coastwide .........................................
Coastwide .........................................
California (S of 42° N lat.) ................
Washington (N of 46°16′ N lat.) .......
S of 40°10′ N lat. ..............................
California (S of 42° N lat.) ................
S of 34°27′ N lat. ..............................
Coastwide .........................................
S of 40°10′ N lat. ..............................
S of 40°10′ N lat. ..............................
(Conception) .....................................
(Monterey) ........................................
Coastwide .........................................
Coastwide .........................................
Coastwide .........................................
N of 40°10′ N lat ..............................
S of 40°10′ N lat ...............................
Coastwide .........................................
N of 34°27′ N lat ..............................
S of 34°27′ N lat ...............................
Coastwide .........................................
N of 40°10′ N lat ..............................
Coastwide .........................................
Coastwide .........................................
N of 36° N lat ...................................
S of 36° N lat ...................................
N of 34°27′ N lat ..............................
S of 34°27′ N lat ...............................
Coastwide .........................................
S of 40°10′ N lat ...............................
Coastwide .........................................
Coastwide .........................................
N of 40°10′ N lat ..............................
ACL a
ABC
123
20,459
1,492
364
319
2,002
185
280
1,401
2,346
112
93
19
822
55,859
11,158
4,455
855
1,955
4,433
103
14,178
1,267
329
289
1,828
171
252
1,267
2,121
79
67
12
750
51,949
8,960
3,854
740
1,660
2,846
3,200
4,133
(x)
3,563
10,670
1,926
3,443
(x)
3,285
9,923
3,162
2,030
1,883
1,766
652
12,453
6,090
671
22
198
109
1,097
286
7,946
1,610
1,838
1,797
868
Fishery HG b
1,407
1,553
392
11,482
5,560
66
14,178
1,267
329
289
1,828
171
252
1,267
2,121
79
NA
NA
750
50,000
8,960
3,854
722
1,660
2,162
683
1,600
3,443
(x)
3,285
7,780
2,143
1,328
702
1,407
1,553
392
11,482
5,560
55.3
12,083
1,207.2
326.6
270.5
1,779.9
169.4
248
1,198.1
2,023.4
67.8
NA
NA
726.2
48,402.9
8,700.5
3,574.4
706.5
1,408.7
2,108.3
680.8
1,094
3,297.5
(x)
2,898.8
See Table 2c
2,115.6
1,249.7
695.3
1,055.5
1,534.3
343.7
11,243.7
4,532.5
594
17
180
91
902
223
4,874
1,278
1,469
1,516
697
594
17
180
91
891
223
4,874
1,278
1,469
1,516
697
592.2
15
179.2
87.7
886.5
201.8
4,653.2
1,207
1,336.2
1,450.6
658.1
Stock Complexes
Rockfish ii
Blue/Deacon/Black
...........
Cabezon/Kelp Greenling jj .................
Cabezon/Kelp Greenling kk ...............
Nearshore Rockfish North ll ...............
Nearshore Rockfish South mm ...........
Other Fish nn ......................................
Other Flatfish oo .................................
Shelf Rockfish North pp .....................
Shelf Rockfish South qq .....................
Slope Rockfish North rr ......................
Slope Rockfish South ss ....................
Oregon .............................................
Washington ......................................
Oregon .............................................
N of 40°10′ N lat ..............................
S of 40°10′ N lat ...............................
Coastwide .........................................
Coastwide .........................................
N of 40°10′ N lat ..............................
S of 40°10′ N lat ...............................
N of 40°10′ N lat ..............................
S of 40°10′ N lat ...............................
a Annual
catch limits (ACLs), annual catch targets (ACTs) and harvest guidelines (HGs) are specified as total catch values.
HGs means the HG or quota after subtracting Pacific Coast treaty Indian tribes allocations and projected catch, projected research
catch, deductions for fishing mortality in non-groundfish fisheries, and deductions for EFPs from the ACL or ACT.
c Yelloweye rockfish. The 66 mt ACL is based on the current rebuilding plan with a target year to rebuild of 2029 and an SPR harvest rate of
65 percent. 10.7 mt is deducted from the ACL to accommodate the Tribal fishery (5 mt), EFP fishing (0.12 mt), research catch (2.92 mt), and incidental open access mortality (2.66 mt) resulting in a fishery HG of 55.3 mt. The non-trawl HG is 50.9 mt. The combined non-nearshore/nearshore HG is 10.7 mt. Recreational HGs are: 13.2 mt (Washington); 11.7 mt (Oregon); and 15.3 mt (California). In addition, the non-trawl ACT is
39.9, and the combined non-nearshore/nearshore ACT is 8.4 mt. Recreational ACTs are: 10.4 mt (Washington), 9.2 (Oregon), and 12.0 mt (California).
d Arrowtooth flounder. 2,094.98 mt is deducted from the ACL to accommodate the Tribal fishery (2,041 mt), research catch (12.98 mt) and incidental open access mortality (41 mt), resulting in a fishery HG of 12,083 mt.
e Big skate. 59.8 mt is deducted from the ACL to accommodate the Tribal fishery (15 mt), research catch (5.49 mt), and incidental open access
mortality (39.31 mt), resulting in a fishery HG of 1,207.2 mt.
f Black rockfish (California). 2.26 mt is deducted from the ACL to accommodate EFP fishing (1.0 mt), research catch (0.08 mt), and incidental
open access mortality (1.18 mt), resulting in a fishery HG of 326.6 mt.
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g Black rockfish (Washington). 18.1 mt is deducted from the ACL to accommodate the Tribal fishery (18 mt) and research catch (0.1 mt), resulting in a fishery HG of 270.5 mt.
h Bocaccio south of 40°10′ N lat. Bocaccio are managed with stock-specific harvest specifications south of 40°10′ N lat. and within the Minor
Shelf Rockfish complex north of 40°10′ N lat. 48.12 mt is deducted from the ACL to accommodate EFP fishing (40 mt), research catch (5.6 mt),
and incidental open access mortality (2.52 mt), resulting in a fishery HG of 1,779.9 mt. The California recreational fishery south of 40°10′ N lat.
has an HG of 749.7 mt.
i Cabezon (California). 1.63 mt is deducted from the ACL to accommodate EFP fishing (1 mt), research catch (0.02 mt), and incidental open
access mortality (0.61 mt), resulting in a fishery HG of 169.4 mt.
j California scorpionfish south of 34°27′ N lat. 3.89 mt is deducted from the ACL to accommodate research catch (0.18 mt) and incidental open
access mortality (3.71 mt), resulting in a fishery HG of 248 mt.
k Canary rockfish. 68.91 mt is deducted from the ACL to accommodate the Tribal fishery (50 mt), EFP fishing (6 mt), research catch (10.08
mt), and incidental open access mortality (2.83 mt), resulting in a fishery HG of 1,198.1 mt. The combined nearshore/non-nearshore HG is 119.4
mt. Recreational HGs are: 40.8 mt (Washington); 61.4 mt (Oregon); and 110.2 mt (California).
l Chilipepper rockfish south of 40°10′ N lat. Chilipepper are managed with stock-specific harvest specifications south of 40°10′ N lat. and within
the Minor Shelf Rockfish complex north of 40°10′ N lat. 97.7 mt is deducted from the ACL to accommodate EFP fishing (70 mt), research catch
(14.04 mt), incidental open access mortality (13.66 mt), resulting in a fishery HG of 2,023.4 mt.
m Cowcod south of 40°10′ N lat. Cowcod are managed with stock-specific harvest specifications south of 40°10′ N lat. and within the Minor
Shelf Rockfish complex north of 40°10′ N lat. 11.17 mt is deducted from the ACL to accommodate EFP fishing (1 mt), research catch (10 mt),
and incidental open access mortality (0.17 mt), resulting in a fishery HG of 67.8 mt.
n Darkblotched rockfish. 23.76 mt is deducted from the ACL to accommodate the Tribal fishery (5 mt), EFP fishing (0.5 mt), research catch
(8.46 mt), and incidental open access mortality (9.8 mt) resulting in a fishery HG of 726.2 mt.
o Dover sole. 1,597.11 mt is deducted from the ACL to accommodate the Tribal fishery (1,497 mt), research catch (50.84 mt), and incidental
open access mortality (49.27 mt), resulting in a fishery HG of 48,402.9 mt.
p English sole. 259.52 mt is deducted from the ACL to accommodate the Tribal fishery (200 mt), research catch (17 mt), and incidental open
access mortality (42.52 mt), resulting in a fishery HG of 8,700.5 mt.
q Lingcod north of 40°10′ N lat. 279.63 mt is deducted from the ACL for the Tribal fishery (250 mt), research catch (17.71 mt), and incidental
open access mortality (11.92 mt) resulting in a fishery HG of 3,574.4 mt.
r Lingcod south of 40°10′ N lat. 15.5 mt is deducted from the ACL to accommodate EFP fishing (4 mt), research catch (3.19 mt), and incidental
open access mortality (8.31 mt), resulting in a fishery HG of 706.5 mt.
s Longnose skate. 251.3 mt is deducted from the ACL to accommodate the Tribal fishery (220 mt), and research catch (12.46 mt), and incidental open access mortality (18.84 mt), resulting in a fishery HG of 1,408.7 mt.
t Longspine thornyhead north of 34°27′ N lat. 53.71 mt is deducted from the ACL to accommodate the Tribal fishery (30 mt), research catch
(17.49 mt), and incidental open access mortality (6.22 mt), resulting in a fishery HG of 2,108.3 mt.
u Longspine thornyhead south of 34°27′ N lat. 2.24 mt is deducted from the ACL to accommodate research catch (1.41 mt) and incidental open
access mortality (0.83 mt), resulting in a fishery HG of 680.8 mt.
v Pacific cod. 506 mt is deducted from the ACL to accommodate the Tribal fishery (500 mt), research catch (5.47 mt), and incidental open access mortality (0.53 mt), resulting in a fishery HG of 1,094 mt.
w Pacific ocean perch north of 40°10′ N lat. Pacific ocean perch are managed with stock-specific harvest specifications north of 40°10′ N lat.
and within the Minor Slope Rockfish complex south of 40°10′ N lat. 145.48 mt is deducted from the ACL to accommodate the Tribal fishery (130
mt), EFP fishing, research catch (5.39 mt), and incidental open access mortality (10.09 mt), resulting in a fishery HG of 3,297.5 mt.
x Pacific whiting. Pacific whiting are assessed annually. The final specifications will be determined consistent with the U.S.-Canada Pacific
Whiting Agreement and will be announced after the Council’s April 2023 meeting.
y Petrale sole. 386.24 mt is deducted from the ACL to accommodate the Tribal fishery (350 mt), EFP fishing (1 mt), research catch (24.14 mt),
and incidental open access mortality (11.1 mt), resulting in a fishery HG of 2,898.8 mt.
z Sablefish north of 36° N lat. The sablefish coastwide ACL value is not specified in regulations. The sablefish coastwide ACL value is apportioned north and south of 36° N lat., using the rolling 5-year average estimated swept area biomass from the NMFS NWFSC trawl survey, with
78.4 percent apportioned north of 36° N lat. and 21.6 percent apportioned south of 36° N lat. The northern ACL is 7,780 mt and is reduced by
778 mt for the Tribal allocation (10 percent of the ACL north of 36° N lat.). The 778 mt Tribal allocation is reduced by 1.7 percent to account for
discard mortality. Detailed sablefish allocations are shown in Table 1c.
aa Sablefish south of 36° N lat. The ACL for the area south of 36° N lat. is 2,143 mt (21.6 percent of the calculated coastwide ACL value). 27.4
mt is deducted from the ACL to accommodate research catch (2.40 mt) and the incidental open access fishery (25 mt), resulting in a fishery HG
of 2,115.6 mt.
bb Shortspine thornyhead north of 34°27′ N lat. 78.3 mt is deducted from the ACL to accommodate the Tribal fishery (50 mt), research catch
(10.48 mt), and incidental open access mortality (17.82 mt), resulting in a fishery HG of 1,249.7 mt for the area north of 34°27′ N lat.
cc Shortspine thornyhead south of 34°27′ N lat. 6.71 mt is deducted from the ACL to accommodate research catch (0.71 mt) and incidental
open access mortality (6 mt), resulting in a fishery HG of 695.3 mt for the area south of 34°27′ N lat.
dd Spiny dogfish. 351.48 mt is deducted from the ACL to accommodate the Tribal fishery (275 mt), EFP fishing (1 mt), research catch (41.85
mt), and incidental open access mortality (33.63 mt), resulting in a fishery HG of 1,055.5 mt.
ee Splitnose rockfish south of 40°10′ N lat. Splitnose rockfish in the north is managed in the Slope Rockfish complex and with stock-specific
harvest specifications south of 40°10′ N lat. 18.42 mt is deducted from the ACL to accommodate EFP fishing (1.5 mt), research catch (11.17 mt),
and incidental open access mortality (5.75 mt), resulting in a fishery HG of 1,534.3 mt.
ff Starry flounder. 48.28 mt is deducted from the ACL to accommodate the Tribal fishery (2 mt), research catch (0.57 mt), and incidental open
access mortality (45.71 mt), resulting in a fishery HG of 343.7 mt.
gg Widow rockfish. 238.32 mt is deducted from the ACL to accommodate the Tribal fishery (200 mt), EFP fishing (18 mt), research catch (17.27
mt), and incidental open access mortality (3.05 mt), resulting in a fishery HG of 11,243.7 mt.
hh Yellowtail rockfish north of 40°10′ N lat. Yellowtail rockfish are managed with stock-specific harvest specifications north of 40°10′ N lat. and
within the Minor Shelf Rockfish complex south of 40°10′ N lat. 1,027.55 mt is deducted from the ACL to accommodate the Tribal fishery (1,000
mt), research catch (20.55 mt), and incidental open access mortality (7 mt), resulting in a fishery HG of 4,532.5 mt.
ii Black rockfish/Blue rockfish/Deacon rockfish (Oregon). 1.82 mt is deducted from the ACL to accommodate research catch (0.08 mt), and incidental open access mortality (1.74 mt), resulting in a fishery HG of 592.2 mt.
jj Cabezon/kelp greenling (Washington). 2 mt is deducted from the ACL to accommodate the Tribal fishery, resulting in a fishery HG is 15 mt.
kk Cabezon/kelp greenling (Oregon). 0.79 mt is deducted from the ACL to accommodate research catch (0.05 mt) and incidental open access
mortality (0.74 mt), resulting in a fishery HG of 179.2 mt.
ll Nearshore Rockfish north of 40°10′ N lat. 3.27 mt is deducted from the ACL to accommodate the Tribal fishery (1.5 mt), research catch (0.47
mt), and incidental open access mortality (1.31 mt), resulting in a fishery HG of 87.7 mt. State-specific HGs are 17.2 mt (Washington), 30.9 mt
(Oregon), and 39.9 mt (California). The ACT for copper rockfish (California) is 6.99 mt. The ACT for quillback rockfish (California) is 0.96 mt.
mm Nearshore Rockfish south of 40°10′ N lat. 4.54 mt is deducted from the ACL to accommodate research catch (2.68 mt) and incidental open
access mortality (1.86 mt), resulting in a fishery HG of 886.5 mt. The ACT for copper rockfish is 87.73 mt. The ACT for quillback rockfish is 0.97
mt.
nn Other Fish. The Other Fish complex is comprised of kelp greenling off California and leopard shark coastwide. 21.24 mt is deducted from
the ACL to accommodate research catch (6.29 mt) and incidental open access mortality (14.95 mt), resulting in a fishery HG of 201.8 mt.
oo Other Flatfish. The Other Flatfish complex is comprised of flatfish species managed in the PCGFMP that are not managed with stock-specific OFLs/ABCs/ACLs. Most of the species in the Other Flatfish complex are unassessed and include: butter sole, curlfin sole, flathead sole, Pacific sanddab, rock sole, sand sole, and rex sole. 220.79 mt is deducted from the ACL to accommodate the Tribal fishery (60 mt), research catch
(23.63 mt), and incidental open access mortality (137.16 mt), resulting in a fishery HG of 4,653.2 mt.
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pp Shelf Rockfish north of 40°10′ N lat. 70.94 mt is deducted from the ACL to accommodate the Tribal fishery (30 mt), research catch (15.32
mt), and incidental open access mortality (25.62 mt), resulting in a fishery HG of 1,207.1 mt.
qq Shelf Rockfish south of 40°10′ N lat. 132.77 mt is deducted from the ACL to accommodate EFP fishing (50 mt), research catch (15.1 mt),
and incidental open access mortality (67.67 mt) resulting in a fishery HG of 1,336.2 mt.
rrr Slope Rockfish north of 40°10′ N lat. 65.39 mt is deducted from the ACL to accommodate the Tribal fishery (36 mt), research catch (10.51
mt), and incidental open access mortality (18.88 mt), resulting in a fishery HG of 1,450.6 mt.
ss Slope Rockfish south of 40°10′ N lat. 38.94 mt is deducted from the ACL to accommodate EFP fishing (1 mt), research catch (18.21 mt),
and incidental open access mortality (19.73 mt), resulting in a fishery HG of 658.1 mt. Blackgill rockfish has a stock-specific HG for the entire
groundfish fishery south of 40°10′ N lat. set equal to the species’ contribution to the 40–10-adjusted ACL. Harvest of blackgill rockfish in all
groundfish fisheries south of 40°10′ N lat. counts against this HG of 169.9 mt.
TABLE 2b. TO PART 660, SUBPART C—2024, AND BEYOND, ALLOCATIONS BY SPECIES OR SPECIES GROUP
[Weight in metric tons]
Stocks/stock complexes
Trawl
Fishery HG
or ACT
Area
Non-trawl
%
YELLOWEYE ROCKFISH a .................
Arrowtooth flounder .............................
Big skate a ............................................
Bocaccio a ............................................
Canary rockfish a .................................
Chilipepper rockfish .............................
Cowcod a b ...........................................
Darkblotched rockfish ..........................
Dover sole ...........................................
English sole .........................................
Lingcod ................................................
Lingcod a ..............................................
Longnose skate a .................................
Longspine thornyhead .........................
Pacific cod ...........................................
Pacific ocean perch .............................
Pacific whiting c ....................................
Petrale sole a .......................................
Coastwide ...........................................
Coastwide ...........................................
Coastwide ...........................................
S of 40°10′ N lat .................................
Coastwide ...........................................
S of 40°10′ N lat .................................
S of 40°10′ N lat .................................
Coastwide ...........................................
Coastwide ...........................................
Coastwide ...........................................
N of 40°10′ N lat .................................
S of 40°10′ N lat .................................
Coastwide ...........................................
N of 34°27′ N lat .................................
Coastwide ...........................................
N of 40°10′ N lat .................................
Coastwide ...........................................
Coastwide ...........................................
55.3
12,083
1,207.2
1,779.9
1,198.1
2,023.4
67.8
726.2
4,8402.9
8,700.5
3,574.4
706.5
1,408.7
2,108.3
1,094
3,297.5
TBD
2898.8
Sablefish ..............................................
N of 36° N lat ......................................
NA
Sablefish ..............................................
Shortspine thornyhead ........................
Shortspine thornyhead ........................
Splitnose rockfish ................................
Starry flounder .....................................
Widow rockfish a ..................................
Yellowtail rockfish ................................
Other Flatfish .......................................
Shelf Rockfish a ...................................
Shelf Rockfish a ...................................
Slope Rockfish ....................................
Slope Rockfish a ..................................
S of 36° N lat ......................................
N of 34°27′ N lat .................................
S of 34°27′ N lat .................................
S of 40°10′ N lat .................................
Coastwide ...........................................
Coastwide ...........................................
N of 40°10′ N lat .................................
Coastwide ...........................................
N of 40°10′ N lat .................................
S of 40°10′ N lat .................................
N of 40°10′ N lat .................................
S of 40°10′ N lat .................................
2,115.6
1,249.7
695.3
1,534.3
343.7
11,243.7
4,532.5
4,653.2
1,207.1
1,336.2
1,450.6
658.1
Mt
8
95
95
39.04
72.3
75
36
95
95
95
45
40
90
95
95
95
100
........................
%
4.4
11,478.9
1,146.8
694.9
866.2
1,517.6
24.4
689.9
45,982.7
8265.5
1,608.5
282.6
1,267.8
2,002.9
1,039.3
3,132.6
TBD
2,868.8
Mt
92
5
5
60.96
27.7
25
64
5
5
5
55
60
10
5
5
5
0
........................
50.9
604.2
60.4
1,085
331.9
505.9
43.4
36.3
2,420.1
435
1,965.9
423.9
140.9
105.4
54.7
164.9
0
30
See Table 2c
42
95
........................
95
50
........................
88
90
60.2
12.2
81
63
888.6
1,187.2
50
1,457.6
171.9
10,843.7
3,988.6
4,187.9
726.7
163
1,175
414.6
58
5
........................
5
50
........................
12
10
39.8
87.8
19
37
1,227
62.5
645.3
76.7
171.9
400
543.9
465.3
480.4
1,173.2
275.6
243.5
a Allocations
decided through the biennial specification process.
cowcod non-trawl allocation is further split 50:50 between the commercial and recreational sectors. This results in a sector-specific ACT of 21.7 mt for the
commercial sector and 21.7 mt for the recreational sector.
c Consistent with regulations at § 660.55(i)(2), the commercial harvest guideline for Pacific whiting is allocated as follows: 34 percent for the C/P Coop Program; 24
percent for the MS Coop Program; and 42 percent for the Shorebased IFQ Program. No more than 5 percent of the Shorebased IFQ Program allocation may be
taken and retained south of 42° N lat. before the start of the primary Pacific whiting season north of 42° N lat.
b The
TABLE 2c. TO PART 660, SUBPART C—SABLEFISH NORTH OF 36° N LAT. ALLOCATIONS, 2024 AND BEYOND
[Weights in metric tons]
Set-asides
Year
Research
Recreational
estimate
EFP
Tribal a
778
30.7
6
1
ACL
2024 ......................
7,780
Year
LE All
2024 ......................
6,309
Limited Entry
Limited entry HG
Commercial
HG
Percent
mt
6,964
90.6
6,309
Trawl c
Limited Entry Fixed
Open access HG
Percent
mt b
9.4
665
Gear d
All Trawl
At-sea whiting
Shorebased IFQ
All FG
Primary
DTL
3,659
100
3,559
2,650
2,252
397
jspears on DSK121TN23PROD with PROPOSALS5
a The
tribal allocation is further reduced by 1.7 percent for discard mortality resulting in 764.8 mt in 2024.
open access HG is taken by the incidental OA fishery and the directed OA fishery.
trawl allocation is 58 percent of the limited entry HG.
d The limited entry fixed gear allocation is 42 percent of the limited entry HG.
b The
c The
*
§ 660.111
■
*
*
*
*
*
12. In § 660.111, revise the definition
of ‘‘Block area closures or BACs’’ to read
as follows:
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Trawl fishery—definitions.
*
*
*
*
Block area closures or BACs are a type
of groundfish conservation area, defined
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at § 660.11, bounded on the north and
south by commonly used geographic
coordinates, defined at § 660.11, and on
the east and west by the EEZ, and
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boundary lines approximating depth
contours, defined with latitude and
longitude coordinates at §§ 660.71
through 660.74 (10 fm through 250 fm),
and § 660.76 (700 fm). BACs may be
implemented or modified as routine
management measures, per regulations
at § 660.60(c). BACs may be
implemented in the EEZ seaward of
Washington, Oregon and California for
vessels using limited entry bottom trawl
and/or midwater trawl gear. BACs may
be implemented within tribal Usual and
Accustomed fishing areas but may only
apply to non-tribal vessels. BACs may
close areas to specific trawl gear types
(e.g., closed for midwater trawl, bottom
trawl, or bottom trawl unless using
selective flatfish trawl) and/or specific
programs within the trawl fishery (e.g.,
Pacific whiting fishery or MS Coop
Program). BACs may vary in their
geographic boundaries and duration.
Their geographic boundaries, applicable
gear type(s) and/or specific trawl fishery
program, and effective dates will be
announced in the Federal Register.
BACs may have a specific termination
date as described in the Federal
Register, or may be in effect until
modified. BACs that are in effect until
modified by Council recommendation
and subsequent NMFS action are set out
in Tables 1 (North) and 1 (South) of this
subpart.
*
*
*
*
*
■ 13. In § 660.140, revise paragraphs
(c)(3)(iii) and (iv), and Table 1 to
paragraph (d)(1)(ii)(D) to read as
follows:
§ 660.140
Shorebased IFQ Program.
*
*
*
*
*
(c) * * *
(3) * * *
(iii) For IFQ species listed in the
trawl/non-trawl allocation table,
specified at § 660.55(c), subpart C,
allocations are determined by applying
the trawl column percent to the fishery
harvest guideline minus any set-asides
for the mothership and C/P sectors for
that species.
(iv) The remaining IFQ species
(canary rockfish, bocaccio, cowcod,
yelloweye rockfish, darkblotched
rockfish, POP, widow rockfish, minor
shelf rockfish N of 40°10′ N lat., and
minor shelf rockfish S of 40°10′ N lat.,
and minor slope rockfish S of 40°10′ N
lat.) are allocated through the biennial
specifications and management
measures process minus any set-asides
for the mothership and C/P sectors for
that species.
*
*
*
*
*
(d) * * *
(1) * * *
(ii) * * *
(D) * * *
TABLE 1 TO PARAGRAPH (d)(1)(ii)(D)—SHOREBASED TRAWL ALLOCATIONS FOR 2023 AND 2024
IFQ species
Area
YELLOWEYE ROCKFISH ......................................
Arrowtooth flounder ................................................
Bocaccio .................................................................
Canary rockfish .......................................................
Chilipepper ..............................................................
Cowcod ...................................................................
Darkblotched rockfish .............................................
Dover sole ...............................................................
English sole ............................................................
Lingcod ...................................................................
Lingcod ...................................................................
Longspine thornyhead ............................................
Pacific cod ..............................................................
Pacific halibut (IBQ) a ..............................................
Pacific ocean perch ................................................
Pacific whiting a .......................................................
Petrale sole .............................................................
Sablefish .................................................................
Sablefish .................................................................
Shortspine thornyhead ............................................
Shortspine thornyhead ............................................
Splitnose rockfish ....................................................
Starry flounder ........................................................
Widow rockfish ........................................................
Yellowtail rockfish ...................................................
Other Flatfish complex ............................................
Shelf Rockfish complex ..........................................
Shelf Rockfish complex ..........................................
Slope Rockfish complex .........................................
Slope Rockfish complex .........................................
Coastwide ...............................................................
Coastwide ...............................................................
South of 40°10′ N lat ..............................................
Coastwide ...............................................................
South of 40°10′ N lat ..............................................
South of 40°10′ N lat ..............................................
Coastwide ...............................................................
Coastwide ...............................................................
Coastwide ...............................................................
North of 40°10′ N lat ..............................................
South of 40°10′ N lat ..............................................
North of 34°27′ N lat ..............................................
Coastwide ...............................................................
North of 40°10′ N lat ..............................................
North of 40°10′ N lat ..............................................
Coastwide ...............................................................
Coastwide ...............................................................
North of 36° N lat ...................................................
South of 36° N lat ..................................................
North of 34°27′ N lat ..............................................
South of 34°27′ N lat ..............................................
South of 40°10′ N lat ..............................................
Coastwide ...............................................................
Coastwide ...............................................................
North of 40°10′ N lat ..............................................
Coastwide ...............................................................
North of 40°10′ N lat ..............................................
South of 40°10′ N lat ..............................................
North of 40°10′ N lat ..............................................
South of 40°10′ N lat ..............................................
jspears on DSK121TN23PROD with PROPOSALS5
a Managed
*
*
*
*
14. In § 660.150, revise paragraph
(c)(1) to read as follows:
■
Mothership (MS) Coop Program.
*
*
*
*
*
(c) * * *—(1) MS Coop Program
species. All species other than Pacific
VerDate Sep<11>2014
2024 Shorebased
trawl allocation
(mt)
4.42
15,640.17
700.33
842.50
1,563.80
24.80
646.78
45,972.75
8,320.56
1,829.27
284.20
2,129.23
1,039.30
TBD
2,956.14
TBD
3,063.76
3,893.50
970.00
1,146.67
50
1,494.70
171.86
11,509.68
3,761.84
4,142.09
694.70
163.02
894.43
417.1
4.42
11,408.87
694.87
830.22
1517.60
24.42
613.53
45,972.75
8,265.46
1,593.47
282.60
2,002.88
1,039.30
TBD
2,832.64
TBD
2,863.76
3,559.38
889.00
1,117.22
50
1,457.60
171.86
10,367.68
3,668.56
4,152.89
691.65
163.02
874.99
414.58
through an international process. These allocation will be updated when announced.
*
§ 660.150
2023 Shorebased
trawl allocation
(mt)
19:22 Oct 13, 2022
Jkt 259001
whiting are managed with set-asides for
the MS and C/P Coop Programs, as
described in the biennial specifications.
*
*
*
*
*
■ 15. In § 660.160, revise paragraph
(c)(1)(ii) to read as follows:
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§ 660.160 Catcher/processor (C/P) Coop
Program.
*
*
*
(c) * * *
(1) * * *
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*
*
Federal Register / Vol. 87, No. 198 / Friday, October 14, 2022 / Proposed Rules
(ii) Species with set-asides for the MS
and C/P Programs, as described in the
biennial specifications.
*
*
*
*
*
■ 16. In § 660.213, revise paragraph
(d)(2) to read as follows:
§ 660.213 Fixed gear fishery—
recordkeeping and reporting.
*
*
*
*
*
(d) * * *
(2) For participants in the sablefish
primary season, the cumulative limit
period to which this requirement
applies is April 1 through December 31
or, for an individual vessel owner, when
the tier limit for the permit(s) registered
to the vessel has been reached,
whichever is earlier.
*
*
*
*
*
■ 17. In § 660.230, revise (c)(2)(i)
through (iii) and add paragraph
(d)(11)(v) to read as follows:
§ 660.230 Fixed gear fishery—
management measures.
*
*
*
*
(c) * * *
(2) * * *
(i) Coastwide—arrowtooth flounder,
big skate, black rockfish, blue/deacon
rockfish, canary rockfish, darkblotched
rockfish, Dover sole, English sole,
lingcod, longnose skate, longspine
thornyhead, petrale sole, minor
nearshore rockfish, minor shelf rockfish,
minor slope rockfish, other fish, other
flatfish, Pacific cod, Pacific whiting,
rougheye/blackspotted rockfish,
sablefish, shortbelly rockfish, shortraker
rockfish, shortspine thornyhead, spiny
dogfish, starry flounder, widow
rockfish, and yelloweye rockfish;
(ii) North of 40°10′ N lat.—cabezon
(California), copper rockfish
(California), Oregon cabezon/kelp
greenling complex, POP, quillback
rockfish (California), Washington
cabezon/kelp greenling complex,
yellowtail rockfish; and
(iii) South of 40°10′ N lat.—blackgill
rockfish, bocaccio, bronzespotted
rockfish, cabezon, California
scorpionfish, chilipepper rockfish,
copper rockfish, cowcod, minor shallow
nearshore rockfish, minor deeper
nearshore rockfish, Pacific sanddabs,
quillback rockfish, splitnose rockfish,
and vermilion rockfish.
(d) * * *
jspears on DSK121TN23PROD with PROPOSALS5
*
VerDate Sep<11>2014
19:22 Oct 13, 2022
Jkt 259001
(11) * * *
(v) It is lawful to fish within the nontrawl RCA seaward of Oregon and
California (between 46°16′ N lat. and the
U.S./Mexico border) with open access
non-bottom contact hook-and-line gear
configurations as specified at
§ 660.330(b)(3)(i–ii), subject to
applicable crossover provisions at
§ 660.60(h)(7), and provided that a valid
declaration report as required at
§ 660.13(d) has been filed with NMFS
OLE.
*
*
*
*
*
■ 18. In § 660.231, revise paragraphs
(b)(1), (b)(3)(i), and (b)(3)(iv) to read as
follows:
§ 660.231 Limited entry fixed gear
sablefish primary fishery.
*
*
*
*
*
(b) * * *—(1) Season dates. North of
36° N lat., the sablefish primary season
for the limited entry, fixed gear,
sablefish-endorsed vessels begins at 12
noon local time on April 1 and closes
at 12 noon local time on December 31,
or closes 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, unless otherwise announced by
the Regional Administrator through the
routine management measures process
described at § 660.60(c).
*
*
*
*
*
(3) * * *
(i) A vessel participating in the
primary season will be constrained by
the sablefish cumulative limit
associated with each of the permits
registered for use with that vessel.
During the primary season, each vessel
authorized to fish in that season under
paragraph (a) of this section may take,
retain, possess, and land sablefish, up to
the cumulative limits for each of the
permits registered for use with that
vessel (i.e., stacked permits). If multiple
limited entry permits with sablefish
endorsements are registered for use with
a single vessel, that vessel may land up
to the total of all cumulative limits
announced in this paragraph for the
tiers for those permits, except as limited
by paragraph (b)(3)(ii) of this section.
Up to 3 permits may be registered for
use with a single vessel during the
primary season; thus, a single vessel
may not take and retain, possess or land
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62711
more than 3 primary season sablefish
cumulative limits in any one year. A
vessel registered for use with multiple
limited entry permits is subject to per
vessel limits for species other than
sablefish, and to per vessel limits when
participating in the daily trip limit
fishery for sablefish under § 660.232. In
2023, the following annual limits are in
effect: Tier 1 at 72,904 lb (33,069 kg),
Tier 2 at 33,138 lb (15,031 kg), and Tier
3 at 18,936 lb (8,589 kg). In 2024 and
beyond, the following annual limits are
in effect: Tier 1 at 66,805 lb (30,302 kg),
Tier 2 at 30,366 lb (13,774 kg), and Tier
3 at 17,352 lb (7,871 kg).
*
*
*
*
*
(iv) Incidental Pacific halibut
retention north of Pt. Chehalis, WA
(46°53.30′ N lat.). From April 1 through
the closure date set by the International
Pacific Halibut Commission for Pacific
halibut in all commercial fisheries,
vessels authorized to participate in the
sablefish primary fishery, licensed by
the International Pacific Halibut
Commission for commercial fishing in
Area 2A (waters off Washington,
Oregon, California), and fishing with
longline gear north of Pt. Chehalis, WA
(46°53.30′ N lat.) may possess and land
up to 150 lb (68 kg) dressed weight of
Pacific halibut for every 1,000 lb (454
kg) dressed weight of sablefish landed,
and up to two additional Pacific halibut
in excess of the 150-lbs-per-1,000-pound
limit per landing. NMFS publishes the
International Pacific Halibut
Commission’s regulations setting forth
annual management measures,
including the closure date for Pacific
halibut in all commercial fisheries, in
the Federal Register by March 15 each
year, 50 CFR 300.62. ‘‘Dressed’’ Pacific
halibut in this area means halibut
landed eviscerated with their heads on.
Pacific halibut taken and retained in the
sablefish primary fishery north of Pt.
Chehalis may only be landed north of
Pt. Chehalis and may not be possessed
or landed south of Pt. Chehalis.
*
*
*
*
*
■ 19. Revise Table 2 (North) to part 660,
subpart E, to read as follows:
Non-Trawl Rockfish Conservation
Areas and Trip Limits for Limited Entry
Fixed Gear North of 40≥10′ N Lat.
BILLING CODE 3510–22–P
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Federal Register / Vol. 87, No. 198 / Friday, October 14, 2022 / Proposed Rules
Table 2 (North) to Part 660, Subpart E --Non-Trawl Rockflsh Conservation Areas and Trip Limits for Limited Entry Fixed Gear North of 4010' N. lat.
Other limits and reauirements· aoolv --~ Re.ad $&660.1 Othrouah 660.399 before usina this table
J'\N-FEB
MAR-APR
I
MAY-JUN
I
Rockflsh Conservation Area !RCA!':
1 !North of 46° 16' N. lat
2 46°16'N. lat.-40°10'N. lat.
I
-A.IL-AUG
I
SEP-OCT
I
11112023
NOV-DEC
shoreline - 100 fm l!ne11
30 fm line11 - 100 1m 1ine11
Seo §§660.60 and 660.230 for additional gear, top limit and conoervation area requirements and restrictions. See §§660.70-660,74 and §§660.76-660.71
for conservation area descriptions and coordinates (Including RCAs, YRCAs, CCAs, Farallon Islands, Cordell Bank, and EFHCAs).
State tnn limits and seasons ma" be more restrictive than Federal tnn hmits or seasons narticulat111 in waters off Oreoon and California
Minor Slope Rockflsh21 & Darkblotched
rockflsh
3
8,000 lb/ 2 months
3,600 lb/ 2 'months
4 Pacific ocean oet'ch
5 Sableflsh
2.400 lb/ week, not to exceed 4,800 lb 12 months
6 Lonaspine thomyhead
r Shortsplne thornvhead
a
~
=~~~
I
2,000 lb/ 2 months
oover so1e, arrowtootn nounaer, petnue
rt,,)
-z
rocl
OJ
m
10,000 lb/ tnp
800 lb/ month
4,000 lb/ 2 months
3,000 lb/ month
3,000 lb/ 2 months
CLOSED
5,000 lb/2 months, no more than 1,200 lb of which may be species otherthan bla<..'krockfish or blue/deacon
North of42'00' N. lat
20
2,500 lb/2 months
10,000 lb/month
~~l~sh sole, starty flotinder, Other
: ...
1
11 Whltlna
12 Minor Shelf Rockfistt'
13 Widow rockflsh
14 Yellowtall rockflsh
15 Canal\/ rockflsh
16 Yelloweve rockfish
17 Minor Nearshore Rockflsh Oreaon blacklblue/deacon rockflsh & black rockfisr'
18
-4
10.000 lb/ 2 months
0
...,
:T
21 Llnacod"
22
23
24 Pacific cod
North of42'00' N. lat
42 00' N. lat. - 40 10' N lat
~25 Spiny dogfish
5,000 lb/ 2 months
2 000 lb/ 2 months
200.000 lb/ 2 months
I
I
1,000 lb/ 2 months
150,000 lb/ 2
months
100,000 lb/ 2 months
Unlimited
Unlimited
abezon In Callfomla
:on/Keio Greenllna
Unlimited
Uf'lmited
1/The Rock'f1sh Conservation Area 1s: an area dosed to fishing by partiCt!lar ge:ar types, bounded by Imes s;pec1fically defined by latitude
and longitude coordinates set out at§§'660.71•860.74. This RCA is not defined by depth contours {with the exception of the 20~fm
depth contour boundary south of 47 N. lat). and !:he boundary lines that define thS RCA may dose areas that are deeper ot shallowe1
than the depth contour. Vessels that are subject ta RCA restrictions may not fish in the RCA, or operate In the RCA tor any purpose
otner than transit1ng
•
2/ Minor Shelf and Slope Rockfish complexes are defined .!It§ 660.11. Socaccio, chWpepper and cw,eod are inducted ih the trip limits for Minor Shelf Rockfish. Splitnose rockfish ls n1cluded
in the trip limits for Minor Slope Rockfi$h
3/ "Cther flatfish" are defined at§ 660.11 and indude butter sate, cur!fin so!e, flathead sole, Pacific sanddab, rex sole, rock sole, and sand sole.
4/Forbla!cl'i rockfish north of Cape Aiava (48~09,50' N. lat.), a;nd'between Destruction Is. (4r40' N. lat.) and Leadberulr Pnt. (46G38,17' N. lat.), there Is an additional !/nit
of too lb or 30 percent by weight of all fish on board, M1chever is greater, pervesse!, per fishing trip.
5/The minlmllm size !irrit for Ung cod is 221nches (56 cm) total length North of 41 N. !at. and 24 inches (81 cm) total length South of 41 N. lat.
6/ "O:her Fish" are defined at§ 680. 11 and indude kelp greenling off California and leopard shark
71 LEFG vessels may be allowed to TISh ins.ide groundfish ctinservation areas using hook and line only See§ 680.230 (d) of the regulations fol' more information.
To tonvert pounds to kllogramt, divide by 2.20462, thenutnber ofpoUtids In one kilogram.,
*
*
VerDate Sep<11>2014
*
*
19:22 Oct 13, 2022
Jkt 259001
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jspears on DSK121TN23PROD with PROPOSALS5
*
62713
Federal Register / Vol. 87, No. 198 / Friday, October 14, 2022 / Proposed Rules
20. Review Table 2 (South) to part
660, subpart E, to read as follows:
■
Table 2 (South) to Part 660, Subpart E -Non-Trawl Rockflsh Conservation Areas and Trip Limits for Limited Entry Fixed Gear South of 40°10' N. la
Other limits and reauirements aoolv - Raad &&660. 1Othrouah 660.399 before. usina this table
11112023
NOV.QEC
JAN-FEB
MAR~PR
MAY.JUN
JUL~UG
SEP-OCT
I
I
I
I
I
RockllshConservationArea(RcAf':
1 40'.10· N.. rat., 38'57:5' N:laf.
40fmliM11 -125 Im line"
2 38°57 .5' N. lat. -34°27' N. lat.
50 fm line11 - 125 fm line"
3 1Southof34'27' N. lat.
100 im Hna110 150fm lina11 1-alsoaooliasaroundlslandsl
Ste §§660c60 and 660230 for additional gOlir, trip llmlt and conservation area requirements and rntiictlons, see §§660,70-660,74 and §§660:16-660;7!
for conservation area descriptions and.coordinates (Including RCAs, YRCAs, CCAs, Farallonlslands, 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.
Minor Slope rockflstf' & Dark blotched
40,000 lb/.2 months, of which no more than 6,000 lb may be blackgill rocl
u:,
r-
m
I\,)
8,000 lb/.2 months ,of which no more than 500 lb mav be.vermilion
5,000 lb/ 2 months,.of which no more than 3,000 lb may be vermilion
0
-C
:::s-
10 000 lb. I 2 months
8,000 lb. I 2 mo.nths
3,500 lb/ 2 months
CLOSED
CLOSED
CLOSED
6,000 lb/ 2 months
26 Canarv rockflsh
27
1ii l o d e rockflsh
1ii
zesootled rockflsh
'ii Bocacclo
-
(/)
1oooo lb/. 2 months
8,000 lb/ 2 months
31 Minor Nearshore Rockflsh
32
Shallow nearshore.41
2,000 lb/2 months
33
Deeper nearshores,
2,000 lb/ 2. months,. of which no more than 75 lb may bo quillback rockfish, and. of whicll no more than 75 lb. ma1
be~pper rockfish
34 California Scorolonflsh
35 Llngcocl"
36 Pacific cod
37 Spiny dogfish
200,000 lb/ 2 months
38 Lonanose skate
I
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
39 other Fish'' & Cabezon In California
40 Bia Skate
1/ The Rqckfi~h Conse'."ration Area 1~ a~ area do~ to fish.mg by partlcula~ !ile.ar ~es, bounded by hne~ specificalW. defin~.d by.. latitude
and lo.nglttfde coordinates set out at§§ 680·.7t..SB0.74: This RCA is·not defined by depth contours (with·the exception of the 20-fm
depth•.contour boundary ·south of 4'1. N. lat·.), .and the· boundary lines that defl ne tne RCA may close areas that are deeper or shallower
than tlie depth. contour. V.esselsthat are.subject to RCA restrictions maynotfish ln the RCA,· oroperate.Jn the: RCA·for·any,purposeother th8ntransiting.
2/ Minor ~helf.and SI.ope· Ro~kfi~tt ~~~~.~ are.:defin~ ·~§..86Q.1 L ~$Citic o~a~:Pe~ is incl~.ed I~ the mp·1!~•fil!':Mino( ~.ope·~ockfi~. Bl~ill.IT!c.kfish ~av~ ~.
species specific trip sub-lirnt wthin the Minor Slope·.Rockfish cumJlatNe limit. Yeltoviltail rockfish are included in the trip limits for Minor Shelf Rockfish. Bronzespotted
roci2014
19:22 Oct 13, 2022
Jkt 259001
§.660:i30 ·td} ·otth1fregUiations farrnortf iritorrratiOn.
sector as defined at § 660.11. Legal nonbottom contact hook-and-line gear
means stationary vertical jig gear
attached to the vessel and not anchored
to the bottom, and groundfish troll gear,
subject to the specifications below.
(i) Stationary vertical jig gear. The
following requirements apply to
stationary vertical jig gear:
(A) Must be a minimum of 50 feet
between the bottom weight and the
lowest fishing hook;
(B) No more than 4 vertical mainlines
may be used in the water at one time
PO 00000
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with no more than 25 hooks on each
mainline;
(C) No more than 100 hooks may be
in the water at one time, with no more
than 25 extra hooks on board the vessel;
and
(D) Natural bait or weighted hooks
may not be used nor be on board the
vessel. Artificial lures and flies are
permitted.
(ii) Groundfish troll gear. The
following requirements apply to
groundfish troll gear:
(A) Must be a minimum of 50 feet
between the bottom weight and the troll
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62714
Federal Register / Vol. 87, No. 198 / Friday, October 14, 2022 / Proposed Rules
jspears on DSK121TN23PROD with PROPOSALS5
wire’s connection to the horizontal
mainline;
(B) No more than 1 mainline may be
used in the water at one time;
(C) No more than 500 hooks may be
in the water at one time, with no more
than 25 extra hooks on board the vessel;
(D) Hooks must be spaced apart by a
visible maker (e.g., floats, line wraps,
colored line splices), with no more than
25 hooks between each marker and no
more than 20 markers on the mainline;
and
(E) Natural bait or weighted hooks
may not be used nor be on board the
vessel. Artificial lures and flies are
permitted.
*
*
*
*
*
(c) * * *
(2) * * *
(i) Coastwide—arrowtooth flounder,
big skate, black rockfish, blue/deacon
rockfish, canary rockfish, darkblotched
rockfish, Dover sole, English sole,
VerDate Sep<11>2014
19:22 Oct 13, 2022
Jkt 259001
lingcod, longnose skate, longspine
thornyhead, minor nearshore rockfish,
minor shelf rockfish, minor slope
rockfish, other fish, other flatfish,
Pacific cod, Pacific sanddabs, Pacific
whiting, petrale sole, shortbelly
rockfish, shortraker rockfish, rougheye/
blackspotted rockfish, sablefish,
shortspine thornyhead, spiny dogfish,
starry flounder, widow rockfish, and
yelloweye rockfish;
(ii) North of 40°10′ N lat.—cabezon
(California), copper rockfish
(California), Oregon cabezon/kelp
greenling complex, POP, quillback
rockfish (California), Washington
cabezon/kelp greenling complex,
yellowtail rockfish; and
(iii) South of 40°10′ N lat.—blackgill
rockfish, bocaccio, bronzespotted
rockfish, cabezon, chilipepper rockfish,
copper rockfish, cowcod, minor shallow
nearshore rockfish, minor deeper
nearshore rockfish, quillback rockfish,
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splitnose rockfish, and vermilion
rockfish.
(d) * * *
(12) * * *
(v) Target fishing for groundfish off
Oregon and California (between 46°16′
N. lat. and the U.S./Mexico border) is
allowed within the non-trawl RCA for
vessels participating in the directed
open access sector as defined at
§ 660.11, subject to the gear restrictions
at § 660.330(b)(3)(i–ii), and provided a
valid declaration report as required at
§ 660.13(d) has been filed with NMFS
OLE.
*
*
*
*
*
■ 23. 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.
E:\FR\FM\14OCP5.SGM
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Federal Register / Vol. 87, No. 198 / Friday, October 14, 2022 / Proposed Rules
62715
Table3 (Nortll)to Part-660, SubpartF- Non-Trawl Rockfish Conservation Areas and Trip Limls for Open Access Gears North of40~1G"N. lat.
Other limits and requirements apply- Read §§660.1 O through 660.399 before using -this table
Roekfish Conservation Area (RCA)11:
1 !North of46.16' N. lat. f
2 146.16' N.lat.- 40'10' N. lat.
JAN-FEB
I
MAR-APR
I
I
I
l
I
1/1/2023
MAY-JUN
I
JUL-AUG
I
SEP-OCT
I
NOV-DEC
I
I
I
I
I
I
l
shoreline• 100 fm llne11
30ftn line 1 -100finline1,
See§§66&..60, 610.338 and 668.333 for additional _gear, trip limit and conservation area. requirements and resbictions. See §§660.7~8.74 and §§668.76-660.79
for conservation area descriptions and coordinates (including RCAs, YRCAs, CCAs, Fara11on Islands, Cordell Bank, and EFHCAs).
be more restrictive- than Federal trio limlfs .or seasons. oarlicularlv in waters off Oh>ffl'ln and Cafffomia.
state lriD limits and Seasons m
3 Minor Slope Rockfishv & Darkblotched
2.000 lb/ month
rockfisll
4 Pacific ocean percft
1001b/monlh
2,000 lb/week, not to exceed 4,000 lb/ 2 months
5 Sablefish
6 Shortpine tttornyheads
7 Longs pine thomyheads
8 uover SOie, .. ,.,.,.."'.,..' '"""""""r, .,._ ..e
9 sole, English sole, starryfloundw, Other
50lb/month
50lblmonth
5,000 lb/ month
WF1atnsh3171
11 Whiting
300-lb/m-onth
800 lb/ month
2,000 lb/2 months
1,-500 lb/ month
1,000 lb/ 2 months
CLOSED
12 Minor Shelf Roekflstr'
13 Widow rockfish
14 Yellowtail FOCkfisti
t 5 Canary rockfish
16 Ye11oweye rockfish
17 Minor Near.shore Rockfish, Oreaon blaclpblueldeacon rocldish, & black rockfish
18
North of 42"00' N. lat.
19
4200' N. lal.-40°10'N.fat.
Minor Nearshore Rockfish
20
42°00'N.la1.-40;~~=
Black
-i
)>
m
5.000 lb/2 months. no more than 1.200 lb of which may be species other than bl~k rocklish or blue/deacon rockfish 41
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
North of 4200' N. lat.
42 OO''N.lal.-40 10'N. tat.
:)4 Pacific-cod
25 Spiny dogfish
200,000 lb/ 2 months
26 Lonanose skate
I
2-.500 lb/ month
1,000 lb/ month
1,000-lb/2 months
150.000lb/2
mornhs
I
c.>
.....
7,000 lb/2 months
z
21 Unacod22
23
r
m
--.
0
':T
100,000 lb/2months
Unlimited
Unlimited
Unlimited
29 Oregon CabezonlKelp Greenling
Unlimlled
30 SALMONTROLL ...,u~toRCAswhente mmn all saecies o,--.,......ISh, e.......,.,.,. for vellowtail rockrrsh and,~, as described belowJ
Salmon trollers may retain and land up to 500 lb otyel/owtail rockflsh per month as kmg as salmon is on boatd, both
wlhln and outside oftheRCA. Salmon trollers1T1ByJetainandlandupto 1 Hngcodper2 Chlnookpertrip,plus 1 lingcod
per trip, up to a trip Hml of10 Hngcod, on a trip where any fishing occurs wlhin the RCA. The Jlngcod /iml onlj applies
during times when Hngcod retel1fion is aJJowed, and iS not "CLOSED... Theses limb ant wlhin the per month limts
Jf North
described in the table above, and not in addlion to those limits. AHgroundtish species BJe subject to the open access
Jimls, seasons, siz.e Jimls and RCA restrictions llsfed in the table above, unless othelwise stated here.
?7 Bia skate
28 other Fish"' & Cabezon in California
32 PINK SHRIMP NON..QR-OUNDFISHl'RAWL (not subject to RCAs)
1 • October 31; Groundfish: 500 lb/day, rrwltiplied by the number of days ofthe trip, not to exceed 1,500
1 ~~~jeApril
folowing sublimlts also apply and are counted toward the overall 500 IMiay and 1.500 lbArip groundftsh HmHs
llngcod 300-Jb/monlh- (minimum 24 inch size limil); sablefish 2.000 lb/month; canary, lhomyheads .and yelloweye rockfish
are PROHIBITED. All other groundflsh- species taken are managed under the oversll 500 lb/day and 1.500 IMrip
groundfish limits. Landings of these species count toward lhe per day and per tripgroundfish limits and do not have
specles--specific limits. 1h.e amount ofgroundflsh landed may not -exceed the amount of pink shrimp ~anded.
33 North
11 The Rod2014
*
*
19:22 Oct 13, 2022
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*
62716
Federal Register / Vol. 87, No. 198 / Friday, October 14, 2022 / Proposed Rules
24. 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≥10′ N Lat.
Table. 3 {South) to Part 980, Subpart F - Non-Trawl Rocklish Conservation Areas and Trip Um Its for Open Access Gears South of 441'10' N. tal.
Other limits and renuirements a... M~ Read& aas.0.10 throunh 660.399 before usinnthis table
1/112023
I
I
I
I
I
JAN-FEB
MAR-APR
MAY.JUN
JUL-AUG
SEP-OCT
NOV-OEC
Rockfish ConsetVation•ArealRCA1':
I
I
I
I
I
I
I
I
I
I
I
i 141)'10• N. lat.· 38"57.5'N.iat:
401inUne 11 •·1251ln line"
2 138°57.5' N. lat .•34•27• N. lat.
50in line -125lmline
11
.3 South i,f34'27'Iit lat.
1001ln line • 15ci 1in 6ne 11 (also,u,olies around islands)
See §§660.60:and 88U30 for additional gear, trip ilmitand conservation area requiremenis and,restrictions, See §§B60.70'1180.7;hnd·§§e60.78-ll&0.19 for
conservation an,a descriplicimi and ooordinales Oncluding RCAs, YRCAs, CCAs, FarldJon Islands, Cordell Banlcs, and EFHCAsi
State lrio limitund sea$011S ma be more restrictive than FederaUrio limits cir seasons nartict1lanv.in waters o!forecicin and California:
Minor Slope Rockfish" &.Parkl>lolched
4
10,000 lb/ 2 months, of which. no more than 2,500 lb may be blackgill rocklish
rockfish
5 s1111tnose rnckllsh
200 lb/ month·
6 Sablef,sh
<1if1ii'.lli: Iat:" :ili"oii'lli. ia1.
t;ooolbiweek, ncttoexc6ed.il;o00'1bi2months
I South of36°00"N. lat.
9 Sh....,ine thormmeads
10
40°10' N. lat. -34'27'N. lat.
11 Lonaspine thomvneads
12
4010' N, lat •34'27'N. lai.
13 Shortpine thomyheads and tongspine
!homvheads
14
I South of34°27'N. lat.
2,000 lb/ week, notto exceed 6,000 lb/ 2 months
a
50Ib/monlli
50.lb/monlli
*:::~:»:~;=.o;;:;'°n':.':'ne~~=:r
100 lb/ day, no more than 1,000 lb/2 months
...
5,000 lb/ month
,-
),
ID
.
m
7, Flatfi&h391
300lbllllohth:
18 Whlllna.
19
20
21
22.
13
Minor Shelf Rockfish~
40°fO"N: lat -·:i:4°27'N, 1at.
South of 34°27.' N. lat.
Widow rockfish
40.l!i tf iai; - 34°27'N. lai.
South of34°27'N. lat.
24
2!i ChiliDIIUunr
26
27
22
2s
24
25
26
30
31
32
4
jspears on DSK121TN23PROD with PROPOSALS5
..,.::r
s
BOcatciO·.
Minor.Nearshore Rockfish
al:oml• S=iom1sh
months
2;000 lbl2month$
Shaliow neiirshoro~
I
2,000 lb/2 monifis, of'Mlk:h nom;,,.,than 75 lbmaybe quiUbackrocklish, and·ofwhich no more than 75 lb may·be
copper rocldlsh
3,500.10, ~ montns
700 lb/ months
1,000 lb/ 2 months
Spiny dogfish
200,000 lb/ imoiith~
I
I
150;0001b/~
months
BB Bia skate
'
39 OIiier. Fish ' & Cabson ln California
Unlimited
19:22 Oct 13, 2022
Jkt 259001
C
ooo ibl 2
4,000 lb/ 2 months
1,500 .lb/ 2 months
CLOSED
CLOSED
CLOSED
4,000 lb/ 2 months
Carur.n1 rockfish
Oe~pen,earshoni"'
of which in, mon; thari .ioo lb' mav bev~rmilion ·
4,000 lb/ 2 months
Yeltoweve rockllsh
Cowcod
Bronzesoolled rockfish
s, Lonariose skale
VerDate Sep<11>2014
Ii 000lbi2monilis
4 ooo ibl 2 months
<10'10:lli; lat: ,34•2t•N. lat.
South of34°27'N. lat.
d
36.
3,000 lb/ 2 months, of which no more than 1,200 lb may be vennUion
-.,.
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fDO,OliO lb/ 2 monihs
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7
62717
Federal Register / Vol. 87, No. 198 / Friday, October 14, 2022 / Proposed Rules
Tab/<>3 (Soul/I) Continued
oilier limits and reauirements ann•• - Read ij 660.10 throuah 860.399 before usina this table
1/112023
NOV0 £,;
MAR-APt<
MAY.JUN
JUL•AUG
J
SEP-OCT
Rockfis.h Conservation Area IRCAY':
40.140°10'. N.. lal -38°57.5'111. lat.
40 fm line 11 -125 frn line 11
41138"57.'5' N. lat-34"21' N. lat.
50falne"-f25·fm line"
42,JSoulh of34°27' N. lat.
100 fmllne 11 -150 fm tine" (also al)l)les around Islands)
See §§660.60 and 660.230 for additional gear, trip limit.end conservation area requirements end restrictions. See §§860.70-660.74 and §§&&o.76-660.79 for
conservation area descrintions and coordinates (ino:luding RCAs,YRCAs, CCAs, Farallon Island!'; Cordell Banks, and EFH.CAsi
43 SALMON TROLL (sub/ect to RCA• whe1t·t'elailiinO al/ siiecies rif g/OUildflsli, 'ex~ for yel/owtaH rockfisli; asdescribed_,.
Salmonlrollersmay retai.n and land up to 1 lbofyenowtan rockfish for .,,,ery2 lb of Chinook salmon landed, v.ith a
cumulative limitof 200 lb/month, both 1"1thinand·.outside of the RCA. This limit is 1"1thin the 4,000Ib per2 month limit
South of 40°1 O' N. lat. for minor sheWrockfish be\Ween·40o1.0' and 34027' N lat., a.nd not in a(1dltion. to tha!Umtt. All groundflsh species are
subject to the•open access Omits; ·seasons, size iimlts .and RCA restrictions listed in the tabte above, unless otherwise
stated here.
44
45 RIDGEBACK PRAWN AND, SOUTH OF 3857.50' N. LAT., CA HALIBUT AND SEA CUCUMBER NDN-GRDUNDFISH TRAWL
46
47
4B
NON-GROUNDFl$H TRAWL Rotkfish··Cunt toward the per day, per trip or other specie&specific subnmlts described here and the specles~pe~iic. limlts described In the table above. do not apply. The amoun
of groundfish landed may not exel!ed.the amount of pink shrimp· landed.
1/The Rockfish.Conservat1on A1'8:a ~ an araa dos&d to ~sh1ng by partic,:itar.geartypes. bounded by llMs sp~1fically defined t:iy latitude.
arid !ongitudet.Gordinates"
out af,§§ 680,71-660:74.. TRIS RCA•is not definedby.cfeptn-·contours {llillttrtlie e)(Ce"pl:ion·Orthe"·20-ff'n
depth cootourbtlundary S'Outh of4:i N. lat.),-and the boundary lines that define the RCA may close areas that ar:e daeper·oi- sttallciw~i"
than the dept~ cor1tour.. Vessels that are subject to RCA reStricttons may not fish 1rrttie 'RCA, or operate in the R:"CA:for sny purpo-se-
set
ot~er than tran.sifing
2/ .Mihoi'Shelf11nd SlopeHock:fish·compJeX:es are delt1M·at§ 660.11. Pscifte:oceanlieirthis.included in the tfip•Umits-.formitibr slope·fockfiSfr. Blatkgm·roci2014
19:22 Oct 13, 2022
Jkt 259001
introductory text, (c)(3)(i)(A),
(c)(3)(i)(B), (c)(3)(ii), (c)(3)(ii)(A)(1)
through (5), (c)(3)(iii)(A)(1) through (5),
(c)(3)(iv), and (c)(3)(v)(A).
The additions and revisions read as
follows:
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§ 660.360 Recreational fishery—
management measures.
*
*
*
(c) * * *
(1) * * *
(i) * * *
(D) * * *
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62718
Federal Register / Vol. 87, No. 198 / Friday, October 14, 2022 / Proposed Rules
TABLE 1 TOP ARAGRAPH (C)(l)(I)(D)-WASHINGTON RECREATIONAL FISHING SEASON
STRUCTURE
Marine Area
3 and 4
(North Coast)
Jan
I Feb I Mar I Apr I Mav
Closed
Open
Jun
I Jul
Au2
Open<
20fm
June 1July 31 "1
I Sep I Oct I Nov I Dec
Open
Closed
bl g/
Open c/d/g/
(ii) Rockfish. In areas of the EEZ
seaward of Washington (Washington
Marine Areas 1–4) that are open to
recreational groundfish fishing, there is
a 7 rockfish per day bag limit. Taking
and retaining yelloweye rockfish is
prohibited in all Marine Areas. Taking
and retaining copper rockfish, quillback
rockfish, and vermilion rockfish is
prohibited in all Marine Areas during
May, June and July.
*
*
*
*
*
(2) * * *
(i) * * *
(B) Recreational rockfish conservation
area (RCA). Fishing for groundfish with
recreational gear is prohibited within
the recreational RCA, a type of closed
area or groundfish conservation area,
except with long-leader gear (as defined
at § 660.351). It is unlawful to take and
retain, possess, or land groundfish taken
with recreational gear within the
recreational RCA, except with longleader gear (as defined at § 660.351). A
vessel fishing in the recreational RCA
may not be in possession of any
groundfish unless otherwise stated. [For
example, if a vessel fishes in the
recreational salmon fishery within the
recreational RCA, the vessel cannot be
VerDate Sep<11>2014
19:22 Oct 13, 2022
Jkt 259001
in possession of groundfish while
within the recreational RCA. The vessel
may, however, on the same trip fish for
and retain groundfish shoreward of the
recreational RCA on the return trip to
port.] Off Oregon, from January 1
through December 31, recreational
fishing for groundfish is allowed in all
depths. Coordinates approximating
boundary lines at the 10-fm (18-m)
through 100-fm (183-m) depth contours
can be found at § 660.71 through
§ 660.73.
*
*
*
*
*
(iii) * * *
(D) In the Pacific halibut fisheries.
Retention of groundfish is governed in
part by annual management measures
for Pacific halibut fisheries, which are
published in the Federal Register.
Between the Columbia River and
Humbug Mountain, during days open to
the ‘‘all-depth’’ sport halibut fisheries,
when Pacific halibut are onboard the
vessel, no groundfish, except sablefish,
Pacific cod, and other species of flatfish
(sole, flounder, sanddab), may be taken
and retained, possessed or landed,
except with long-leader gear (as defined
at § 660.351). ‘‘All-depth’’ season days
are established in the annual
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management measures for Pacific
halibut fisheries, which are published in
the Federal Register and are announced
on the NMFS Pacific halibut hotline, 1–
800–662–9825.
BILLING CODE 3510–22–C
*
*
*
*
*
(3) California. Seaward of California,
for groundfish species not specifically
mentioned in this paragraph, fishers are
subject to the overall 20-fish bag limit
for all species of finfish, of which no
more than 10 fish of any one species
may be taken or possessed by any one
person. Petrale sole, Pacific sanddab,
and starry flounder are not subject to a
bag limit. Recreational spearfishing for
all federally-managed groundfish, is
exempt from closed areas and seasons,
consistent with Title 14 of the California
Code of Regulations. This exemption
applies only to recreational vessels and
divers provided no other fishing gear,
except spearfishing gear, is on board the
vessel. California state law may provide
regulations similar to Federal
regulations for kelp greenlings.
Retention of cowcod, yelloweye
rockfish, and bronzespotted rockfish, is
prohibited in the recreational fishery
seaward of California all year in all
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Open dig/
2 (South Coast)
Closed
Closed
Open eirigi
1 (Columbia
Closed
Closed
River)
a/ Retention of Pacific cod, sablefish, lingcod, bocaccio, silvergray rockfish, canary rockfish, widow
rockfish, and yellowtail rockfish allowed >20 fm on days when recreational Pacific halibut is open.
b/ Retention ofyellowtail and widow rockfish is allowed> 20 fm in July.
c/ From May 1 through May 31 lingcod retention prohibited > 30 fathoms except on days that the primary
Pacific halibut season is open.
d/ When lingcod is open, retention is prohibited seaward ofline drawn from Queets River (47°31.70' N.
Lat. 124°45.00' W. Long.) to Leadbetter Point (46° 38.17' N. Lat. 124°30.00' W. Long.), except on days
open to the primary halibut fishery and, June 1 - 15 and September 1 - 30.
el Retention of flatfish, sablefish, Pacific cod, yellowtail rockfish, widow rockfish, canary rockfish,
redstriped rockfish, greenstriped rockfish, silvergray rockfish, chilipepper, bocaccio, and blue/deacon
rockfish allowed during the all-depth Pacific halibut fishery. Lingcod retention is only allowed north of the
WA-OR border with halibut on board.
f/ Retention oflingcod is prohibited seaward of a line drawn from Leadbetter Point (46° 38.17' N. Lat.
124°21.00' W. Long.) to 46° 33.00' N. Lat. 124°21.00' W. Long. year round except lingcod retention is
allowed from June 1 - June 15 and Septembert 1 - September 30.
g/ Retention of copper rockfish, quillback rockfish, and vermilion rockfish is prohibited from May 1
through July 31.
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areas. Retention of species or species
groups for which the season is closed is
prohibited in the recreational fishery
seaward of California all year in all
areas, unless otherwise authorized in
this section. For each person engaged in
recreational fishing in the EEZ seaward
of California, the following closed areas,
seasons, bag limits, and size limits
apply:
(i) * * *
(A) Recreational rockfish conservation
areas. The recreational RCAs are areas
that are closed to recreational fishing for
certain groundfish. Fishing for the
California rockfish, cabezon, greenling
complex (RCG Complex), as defined in
§ 660.360(c)(3)(ii), and lingcod with
recreational gear is prohibited within
the recreational RCA. It is unlawful to
take and retain, possess, or land the
RCG Complex and lingcod taken with
recreational gear within the recreational
RCA, unless otherwise authorized in
this section. A vessel fishing in the
recreational RCA may not be in
possession of any species prohibited by
the restrictions that apply within the
recreational RCA. For example, if a
vessel fishes in the recreational salmon
fishery within the recreational RCA, the
vessel cannot be in possession of the
RCG Complex and lingcod while in the
recreational RCA. The vessel may,
however, on the same trip fish for and
retain rockfish shoreward of the
recreational RCA on the return trip to
port. If the season is closed for a species
or species group, fishing for that species
or species group is prohibited both
within the recreational RCA and outside
of the recreational RCA, unless
otherwise authorized in this section. In
times and areas where a recreational
RCA is closed shoreward of a
recreational RCA line (i.e., when an
‘‘off-shore only’’ fishery is active in that
management area) possession or
retention of nearshore rockfish (defined
as black rockfish, blue rockfish, black
and yellow rockfish, brown rockfish,
China rockfish, copper rockfish, calico
rockfish, gopher rockfish, kelp rockfish,
grass rockfish, olive rockfish, quillback
rockfish, and treefish), cabezon, and
greenlings is prohibited in all depths
throughout the area; and possession and
retention of all rockfish, cabezon,
greenlings, and lingcod is prohibited
shoreward of the recreational RCA
boundary line, except that vessels may
transit through waters shoreward of the
recreational RCA line with no fishing
gear in the water. Coordinates
approximating boundary lines at the 30
fm (55 m) through 100 fm (183 m) depth
contours can be found at § 660.71
through § 660.73. The recreational
fishing season structure and RCA depth
VerDate Sep<11>2014
19:22 Oct 13, 2022
Jkt 259001
boundaries seaward of California by
management area and month are as
follows:
(1) Between 42° N lat. (California/
Oregon border) and 40°10′ N lat.
(Northern Management Area),
recreational fishing for the RCG
Complex and lingcod is closed from
January 1 through May 14, is open at all
depths from May 15 through October 15,
and is closed October 16 through
December 31.
(2) Between 40°10′ N lat. and
38°57.50′ N lat. (Mendocino
Management Area), recreational fishing
for the RCG Complex and lingcod is
closed from January 1 through May 14;
prohibited in the EEZ shoreward of the
boundary line approximating the 50 fm
(91 m) depth contour along the
mainland coast and along islands and
offshore seamounts from May 15
through July 15 (seaward of 50 fm is
open), and is open at all depths from
July 16 through December 31.
(3) Between 38°57.50′ N lat. and
37°11′ N lat. (San Francisco
Management Area), recreational fishing
for the RCG Complex and lingcod s
closed from January 1 through May 14;
is prohibited in the EEZ shoreward of
the boundary line approximating the 50
fm (91 m) depth contour along the
mainland coast and along islands and
offshore seamounts from May 15
through July 15 (seaward of 50 fm is
open), and is open at all depths from
July 16 through December 31. Closures
around Cordell Bank (see paragraph
(c)(3)(i)(C) of this section) also apply in
this area.
(4) Between 37°11′ N lat. and 34°27′
N lat. (Central Management Area),
recreational fishing for the RCG
Complex and lingcod is closed from
January 1 through April 30, is open at
all depths from May 1 through
September 30; and is prohibited in the
EEZ shoreward of a boundary line
approximating the 50 fm (91 m) depth
contour along the mainland coast and
along islands and offshore seamounts
from October 1 through December 31
(seaward of 50 fm is open).
(5) South of 34°27′ N lat. (Southern
Management Area), recreational fishing
for the RCG Complex and lingcod is
closed from January 1 through March
31, open at all depths from April 1
through September 15; and is prohibited
in the EEZ shoreward of a boundary line
approximating the 50 fm (91 m) depth
contour from September 16 through
December 31 along the mainland coast
and along islands and offshore
seamounts (seaward of 50 fm is open),
except in the CCAs where fishing is
prohibited seaward of the 40 fm (73 m)
depth contour when the fishing season
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Fmt 4701
Sfmt 4702
62719
is open (see paragraph (c)(3)(i)(B) of this
section).
(B) Cowcod conservation areas. The
latitude and longitude coordinates of
the Cowcod Conservation Areas (CCAs)
boundaries are specified at § 660.70.
Recreational fishing for all groundfish is
prohibited within the CCAs, except as
specified in this paragraph. Fishing for
California scorpionfish, petrale sole,
starry flounder, and ‘‘Other Flatfish’’ is
permitted within the CCAs as specified
in paragraphs (c)(3)(iv) and (c)(3)(v) of
this section. Recreational fishing for the
following species is permitted
shoreward of the boundary line
approximating the 40 fm (37 m) depth
contour when the season, as specified in
paragraphs (c)(3)(ii)(A)(5) and
(c)(3)(iii)(A)(5) of this section, for those
species is open south of 34°27′ N lat.:
Minor nearshore rockfish, cabezon, kelp
greenling, lingcod, and shelf rockfish.
Retention of all groundfish except
California scorpionfish, petrale sole,
starry flounder, and ‘‘Other Flatfish’’, is
prohibited within the CCA. Coordinates
for the boundary line approximating the
40 fm (73 m) depth contour are listed in
§ 660.71. It is unlawful to take and
retain, possess, or land groundfish taken
within the CCAs, except for species
authorized in this section.
*
*
*
*
*
(ii) RCG complex. The California
rockfish, cabezon, greenling complex
(RCG Complex) includes all rockfish,
kelp greenling, rock greenling, and
cabezon. This category does not include
California scorpionfish, also known as
‘‘sculpin’’.
(A) * * *
(1) Between 42° N lat. (California/
Oregon border) and 40°10′ N lat. (North
Management Area), recreational fishing
for the RCG complex is open from May
15 through October 15 (i.e., recreational
fishing for the RCG complex is closed
from January 1 through May 14, and
October 16 through December 31).
(2) Between 40°10′ N lat. and
38°57.50′ N lat. (Mendocino
Management Area), recreational fishing
for the RCG Complex is open from May
15 through December 31 (i.e.,
recreational fishing for the RCG
complex is closed from January 1
through May 14).
(3) Between 38°57.50′ N lat. and
37°11′ N lat. (San Francisco
Management Area), recreational fishing
for the RCG complex is open from May
15 through December 31 (i.e.,
recreational fishing for the RCG
complex is closed from January 1
through May 14).
(4) Between 37°11′ N lat. and 34°27′
N lat. (Central Management Area),
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recreational fishing for the RCG
complex is open from May 1 through
December 31 (i.e., recreational fishing
for the RCG complex is closed from
January 1 through April 30).
(5) South of 34°27′ N lat. (Southern
Management Area), recreational fishing
for the RCG Complex is open from April
1 through December 31 (i.e., recreational
fishing for the RCG complex is closed
from January 1 through the March 31).
*
*
*
*
*
(iii) * * *
(A) * * *
(1) Between 42° N lat. (California/
Oregon border) and 40°10′ N lat.
(Northern Management Area),
recreational fishing for lingcod is open
from May 15 through October 15 (i.e.,
recreational fishing for lingcod is closed
from January 1 through May 14, and
October 16 through December 31).
(2) Between 40°10′ N lat. and
38°57.50′ N lat. (Mendocino
Management Area), recreational fishing
for lingcod is open from May 15 through
December 31 (i.e., recreational fishing
for lingcod is closed from January 1
through May 14).
(3) Between 38°57.50′ N lat. and
37°11′ N lat. (San Francisco
Management Area), recreational fishing
VerDate Sep<11>2014
19:22 Oct 13, 2022
Jkt 259001
for lingcod is open from May 15 through
December 31 (i.e., recreational fishing
for lingcod is closed from January 1
through May 14).
(4) Between 37°11′ N lat. and 34°27′
N lat. (Central Management Area),
recreational fishing for lingcod is open
from May 1 through December 31 (i.e.,
recreational fishing for lingcod is closed
from January 1 through April 30).
(5) South of 34°27′ N lat. (Southern
Management Area), recreational fishing
for lingcod is open from April 1 through
December 31 (i.e., recreational fishing
for lingcod is closed from January 1
through March 31)
*
*
*
*
*
(iv) ‘‘Other Flatfish,’’ petrale sole, and
starry flounder. ‘‘Other Flatfish’’ are
defined at § 660.11, and include butter
sole, curlfin sole, flathead sole, Pacific
sanddab, rex sole, rock sole, and sand
sole.
(A) Seasons. Recreational fishing for
‘‘Other Flatfish,’’ petrale sole, and starry
flounder is open from January 1 through
December 31. When recreational fishing
for ‘‘Other Flatfish,’’ petrale sole, and
starry flounder is open, it is permitted
both outside and within the recreational
RCAs described in paragraph (c)(3)(i) of
PO 00000
Frm 00046
Fmt 4701
Sfmt 9990
this section and the CCAs described in
paragraph (c)(3)(i)(B) of this section.
(B) Bag limits, hook limits. In times
and areas where the recreational season
for ‘‘Other Flatfish,’’ petrale sole, and
starry flounder is open, ‘‘Other Flatfish’’
are subject to the overall 20-fish bag
limit for all species of finfish, of which
there may be no more than 10 fish of
any one species; there is no daily bag
limit for petrale sole, starry flounder
and Pacific sanddab.
(C) Size limits. There are no size
limits for ‘‘Other Flatfish,’’ petrale sole,
and starry flounder.
(D) Dressing/Filleting. ‘‘Other
Flatfish,’’ petrale sole, and starry
flounder may be filleted at sea. Fillets
may be of any size, but must bear intact
a one-inch (2.6 cm) square patch of skin.
(v) * * *
(A) Seasons. When recreational
fishing for California scorpionfish is
open, it is permitted both outside of and
within the recreational RCAs described
in paragraph (c)(3)(i) of this section.
Recreational fishing for California
scorpionfish is open from January 1
through December 31.
*
*
*
*
*
[FR Doc. 2022–20430 Filed 10–13–22; 8:45 am]
BILLING CODE 3510–22–P
E:\FR\FM\14OCP5.SGM
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Agencies
[Federal Register Volume 87, Number 198 (Friday, October 14, 2022)]
[Proposed Rules]
[Pages 62676-62720]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-20430]
[[Page 62675]]
Vol. 87
Friday,
No. 198
October 14, 2022
Part V
Department of Commerce
-----------------------------------------------------------------------
National Oceanic and Atmospheric Administration
-----------------------------------------------------------------------
50 CFR Part 660
Magnuson-Stevens Act Provisions; Fisheries Off West Coast States;
Pacific Coast Groundfish Fishery; Pacific Coast Groundfish Fishery
Management Plan; Amendment 30; 2023-24 Biennial Specifications and
Management Measure; Proposed Rule
Federal Register / Vol. 87 , No. 198 / Friday, October 14, 2022 /
Proposed Rules
[[Page 62676]]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 660
[Docket No. 220915-0191]
RIN 0648-BL48
Magnuson-Stevens Act Provisions; Fisheries Off West Coast States;
Pacific Coast Groundfish Fishery; Pacific Coast Groundfish Fishery
Management Plan; Amendment 30; 2023-24 Biennial Specifications and
Management Measures
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Proposed rule; notice of availability of a draft environmental
assessment; request for comments.
-----------------------------------------------------------------------
SUMMARY: This proposed rule would establish the 2023-24 harvest
specifications for groundfish caught in the U.S. exclusive economic
zone seaward of Washington, Oregon, and California, consistent with the
Magnuson-Stevens Fishery Conservation and Management Act and the
Pacific Coast Groundfish Fishery Management Plan. This proposed rule
would also revise management measures intended to keep the total annual
catch of each groundfish stock or stock complex within the annual catch
limits. These proposed measures are intended to help prevent
overfishing, rebuild overfished stocks, achieve optimum yield, and
ensure management measures are based on the best scientific information
available. This proposed rule would also make minor corrections to the
regulations. Additionally, this proposed rule announces the receipt of
exempted fishing permit applications. NMFS has made a preliminary
determination that these applications warrant further consideration.
NMFS requests public comment on these applications. This action also
would implement portions of Amendment 30 to the Pacific Coast
Groundfish Fishery Management Plan, which 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. In accordance with the National
Environmental Policy Act of 1969, as amended, NMFS also announces the
availability of a draft environmental assessment that analyzes the
potential effects of the associated proposed rule.
DATES: Comments must be received no later than November 14, 2022.
ADDRESSES: Submit your comments on the proposed rule, draft
environmental assessment, and exempted fishing permit applications,
identified by NOAA-NMFS-2022-0080, by the following method:
Electronic Submissions: 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.
The exempted fishing permit (EFP) applications will be available under
Supporting Documents through the same link.
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). Please specify whether the
comments provided are associated with the proposed rule, draft
environmental assessment, or EFP applications.
Electronic Access
This rule is accessible via the internet at the Office of the
Federal Register website at https://www.federalregister.gov/. 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. 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 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 website at
https://www.pcouncil.org.
FOR FURTHER INFORMATION CONTACT: Brian Hooper, Fishery Management
Specialist, at 206-526-6117 or [email protected].
SUPPLEMENTARY INFORMATION:
I. Background
Chapter 5 of the Pacific Coast Groundfish Fishery Management Plan
(PCGFMP) requires the Pacific Fishery Management Council (Council) to
assess the biological, social, and economic conditions of the Pacific
coast groundfish fishery and use this information to develop harvest
specifications and management measures at least biennially. This
proposed rule is based on the Council's final recommendations for
harvest specifications and management measures for the 2023-24 biennium
made at its April and June 2022 meetings.
The Council deemed the proposed regulations necessary and
appropriate to implement these actions in an August 29, 2022, letter
from Council Executive Director, Merrick Burden, to Acting Regional
Administrator Scott Rumsey. Under the Magnuson-Stevens Act, NMFS is
required to publish proposed rules for comment after preliminarily
determining whether they are consistent with applicable law. We are
seeking comment on the proposed regulations in this action and whether
they are consistent with the PCGFMP, the Magnuson-Stevens Act and its
National Standards, and other applicable law.
Concurrent with this proposed rule, NMFS also published a Notice of
Availability (NOA) to announce the proposed Amendment 30 to the PCGFMP.
The NOA requests public review and comment on proposed changes to the
Council fishery management plan document (87 FR 54445; September 6,
2022). Public comments are being solicited on the amendment through
November 7, 2022, the end of the comment period for the NOA. Public
comments on the proposed rule must be received by the end of the
comment period on the Amendment, as published in the NOA, to be
considered in the approval/disapproval decision on the Amendment. All
comments received by the end of the comment period on the amendment,
whether specifically directed to the Amendment, or the proposed rule,
will be considered in the
[[Page 62677]]
approval/disapproval decision. Comments received after that date will
not be considered in the approval/disapproval decision on the
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.
An action included in this proposed rule would affect the season
dates for the retention of incidentally caught halibut in the sablefish
primary fishery north of Point Chehalis. The Northern Pacific Halibut
Act of 1982 (Halibut Act), 16 U.S.C. 773-773k, gives the Secretary of
Commerce (Secretary) responsibility for implementing the provisions of
the Convention between Canada and the United States for the
Preservation of the Halibut Fishery of the North Pacific Ocean and
Bering Sea (Halibut Convention), signed at Ottawa, Ontario, on March 2,
1953, as amended by a Protocol Amending the Convention (signed at
Washington, DC, on March 29, 1979). The Halibut Act requires that the
Secretary adopt regulations to carry out the purposes and objectives of
the Halibut Convention and Halibut Act (16 U.S.C. 773c). Additionally,
as provided in the Halibut Act, the Regional Fishery Management
Councils having authority for the geographic area concerned may
develop, and the Secretary of Commerce may implement, regulations
governing harvesting privileges among U.S. fishermen in U.S. waters
that are in addition to, and not in conflict with, approved
International Pacific Halibut Commission (IPHC) regulations (16 U.S.C.
773c(c)).
A. Specification and Management Measure Development Process
In 2021, the Northwest Fisheries Science Center (NWFSC) conducted
full stock assessments for Dover sole, lingcod, vermilion rockfish/
sunset rockfish, and spiny dogfish. The NWFSC conducted data moderate
assessments for copper rockfish, quillback rockfish, and squarespot
rockfish off California. The NWFSC conducted an update assessment of
sablefish. Additionally, the NWFSC reviewed catch-only assessment
updates for a number of previously assessed stocks (arrowtooth
flounder, petrale sole, canary rockfish and darkblotched rockfish), as
well as a new yelloweye rockfish catch report. The NWFSC did not update
assessments for the remaining stocks, so harvest specifications for
these stocks are based on assessments from previous years. The full
stock assessments used to set catch limits for this biennium are
available on the Council's website (https://www.pcouncil.org/).
The Council's stock assessment review panel (STAR panel) reviewed
the stock assessments, including assessments on stocks for which some
biological indicators are available, as described below, for technical
merit, and to determine that each stock assessment document was
sufficiently complete. Finally, the Council's Scientific and
Statistical Committee (SSC) reviewed the stock assessments and STAR
panel reports and made its recommendations to the Council (Agenda Item
G.5, June 2021 Council meeting; Agenda Item C.6, September 2021 Council
Meeting; Agenda Item E.2, November 2021 Council Meeting).
The Council considered the new stock assessments, stock assessment
updates, catch-only updates, public comment, recommendations from the
SSC, and advice from its advisory bodies over the course of six Council
meetings during development of its recommendations for the 2023-24
harvest specifications and management measures. At each Council meeting
between June 2021 and June 2022, the Council made a series of decisions
and recommendations that were, in some cases, refined after further
analysis and discussion. Agenda Item G.6, Supplemental Revised
Attachment 1, June 2021 describes the Council's meeting schedule for
developing the 2023-24 biennial harvest specifications. Additionally,
detailed information, including the supporting documentation the
Council considered at each meeting, is available at the Council's
website, www.pcouncil.org.
The 2023-24 biennial management cycle was the fourth cycle
following PCGFMP Amendment 24 (80 FR 12567, March 10, 2015), which
established default harvest control rules and was analyzed through an
Environmental Impact Statement (EIS) (Final Environmental Impact
Statement for Pacific Coast Groundfish Harvest Specifications and
Management Measures for 2015-2016 and Biennial Periods Thereafter, and
Amendment 24 to the PCGFMP, published January 2015). The EIS described
the ongoing implementation of the PCGFMP and default harvest control
rules. Under Amendment 24, the default harvest control rules used to
determine the previous biennium's harvest specifications (i.e.,
overfishing limits (OFLs), acceptable biological catches (ABCs), and
annual catch limits (ACLs)) are applied automatically to the best
scientific information available to determine the future biennium's
harvest specifications. NMFS implements harvest specifications based on
the default harvest control rules used in the previous biennium unless
the Council makes a recommendation to deviate from the default.
Therefore, this rule implements the default harvest control rules,
consistent with the last biennium (2021-22), for most stocks, and
discusses Council-recommended departures from the defaults. The draft
EA supporting this action identifies the preferred harvest control
rules, management measures, and other management changes that were not
described in the 2015 EIS, and will be posted on the NMFS West Coast
Region webpage (see Electronic Access).
Information regarding the OFLs, ABCs, and ACLs proposed for
groundfish stocks and stock complexes in 2023-24 is presented below,
followed by a discussion of the proposed management measures for
commercial and recreational groundfish fisheries.
II. Proposed Harvest Specifications
This proposed rule would set 2023-24 harvest specifications and
management measures for 127 of the 128 groundfish stocks or management
units which currently have ACLs or ACL contributions to stock complexes
managed under the PCGFMP, except for Pacific whiting. Pacific whiting
harvest specifications are established annually through a separate
bilateral process with Canada.
The proposed OFLs, ABCs, and ACLs are based on the best available
biological and socioeconomic data, including projected biomass trends,
information on assumed distribution of stock biomass, and revised
technical methods used to calculate stock biomass. The PCGFMP specifies
a series of three stock categories for the purpose of setting maximum
sustainable yield (MSY),\1\ OFLs, ABCs, ACLs, and rebuilding standards.
Category one represents the highest level of information quality
available, while category three represents the lowest. Category one
stocks are the relatively few stocks for which the NWFSC can conduct a
``data rich'' quantitative stock assessment that incorporates catch-at-
age, catch-at-length, or other data. The SSC can generally calculate
OFLs and overfished/rebuilding thresholds for these stocks, as well as
ABCs, based on the uncertainty of the biomass estimated within an
assessment or the variance in biomass estimates between assessments for
all stocks in this category. The set of category two stocks includes a
large number of stocks for which some
[[Page 62678]]
biological indicators are available, yet status is based on a ``data-
moderate'' quantitative stock assessment. The category three stocks
include minor stocks which are caught, but for which there is, at best,
only information on landed biomass. For stocks in this category, there
is limited data available for the SSC to quantitatively determine MSY,
OFL, or an overfished threshold. Typically, catch-based methods (e.g.,
depletion-based stock reduction analysis, depletion corrected average
catch, and average catches) are used to determine the OFL for category
three stocks. A detailed description of each of these categories can be
found in Section 4.2 of the PCGFMP.
---------------------------------------------------------------------------
\1\ MSY is the largest long-term average catch that can be taken
from a fish stock under prevailing environmental and fishery
conditions.
---------------------------------------------------------------------------
A. Proposed OFLs for 2023 and 2024
The OFL serves as the maximum amount of fish that can be caught in
a year without resulting in overfishing. Overfishing occurs when a
stock has a harvest rate, denoted as Fx, is set
higher than the rate that produces the stock's MSY. The SSC derives
OFLs for groundfish stocks with stock assessments by applying the
harvest rate to the current estimated biomass (B). Harvest rates
represent the rates of fishing mortality (F) that will reduce the
female spawning potential ratio (SPR) to X percent of its unfished
level. As an example, a harvest rate of F40 is more
aggressive than F45 or F50
harvest rates because F40 allows more fishing
mortality on a stock (as it allows a harvest rate that would reduce the
stock to 40 percent of its unfished level). The OFL does not account
for scientific or management uncertainty, so the SSC typically
recommends an ABC that is lower than the OFL in order to account for
this uncertainty. Usually, the greater the amount of scientific
uncertainty, the lower the ABC is set compared to the OFL.
For 2023-24, the Council maintained its policy of using a default
harvest rate as a proxy for the fishing mortality rate that is expected
to achieve FMSY. The Council also maintained the same
default harvest rate proxies as used in the 2021-22 biennium, based on
the SSC's recommendations: F30 for flatfish (meaning
an SPR harvest rate that would reduce the stock to 30 percent of its
unfished level), F50 for rockfish (including
longspine and shortspine thornyheads), F50 for
elasmobranchs, and F45 for other groundfish such as
sablefish and lingcod. For unassessed stocks, the Council recommended
using a historical catch-based approach (e.g., average catch,
depletion-corrected average catch, or depletion-based stock reduction
analysis) to set the OFL. See Tables 1a and 2a to Part 660, Subpart C
in the proposed regulatory text supporting this rule for the proposed
2023-24 OFLs.
The SAFE document for 2022, includes a detailed description of the
scientific basis for all of the SSC-recommended OFLs proposed in this
rule, and is available at the Council's website, www.pcouncil.org.
B. Proposed ABCs for 2023 and 2024
The ABC is the stock or stock complex's OFL reduced by an amount
associated with scientific uncertainty. The SSC-recommended P star-
sigma approach determines the amount by which the OFL is reduced to
account for this uncertainty. Under this approach, the SSC recommends a
sigma ([sigma]) value. The [sigma] value is generally based on the
scientific uncertainty in the biomass estimates generated from stock
assessments and is usually related to the stock category. After the SSC
determines the appropriate [sigma] value, the Council chooses a P star
(P*) based on its chosen level of risk aversion to address the
consequences of the stock being elsewhere within the uncertainty
represented by sigma.
A P* of 0.5 equates to no additional reduction beyond the [sigma]
value reduction. The PCGFMP specifies the upper limit of P* will be
0.45. The P*-sigma approach is discussed in detail in the proposed and
final rules for the 2011-12 (75 FR 67810, November 3, 2010; 76 FR
27508, May 11, 2011) and 2013-14 (77 FR 67974, November 12, 2012; 78 FR
580, January 3, 2013) biennial harvest specifications and management
measures.
The SSC quantified major sources of scientific uncertainty in the
estimates of OFLs and generally recommended a [sigma] value of 0.5 for
category one stocks, a [sigma] value of 1.0 for category two stocks,
and a [sigma] value of 2.0 for category three stocks. For category two
and three stocks, there is greater scientific uncertainty in the OFL
estimate because the assessments for these stocks are informed by less
data than the assessments for category one stocks. Therefore, the
scientific uncertainty buffer is generally greater than that
recommended for stocks with data-rich stock assessments. Assuming the
same P* is applied, a larger [sigma] value results in a larger
reduction from the OFL. For 2023-24, the Council continued the general
policy of using the SSC-recommended [sigma] values for each stock
category.
For 2023-24, the Council maintained the P* policies it established
for the previous biennium for most stocks, except when calculating the
contribution of black rockfish to the Oregon blue/deacon/black rockfish
complex. The Council considered alternative P* values for lingcod south
of 40[deg]0' N lat., lingcod north of 40[deg]10' N lat., sablefish,
spiny dogfish, vermilion and sunset rockfishes south of 4010' N lat.,
and vermilion and sunset rockfishes north of 40[deg]0' N lat., but
ultimately decided to maintain the default P* value used in the
previous biennium. The Council recommended using P* values of 0.45 for
all individually managed category one stocks, except yelloweye
rockfish. Combining the category one [sigma] value of 0.5 with the P*
value of 0.45 results in a reduction of 6.1 percent from the OFL when
deriving the ABC. For category two stocks, the Council's general policy
was to apply a P* of 0.4, with a few exceptions. The Council
recommended applying a P* of 0.45 for big skate, English sole, lingcod
south of 40[deg]10' N lat., lingcod north of 40[deg]10' N lat.,
longnose skate, Pacific ocean perch, and all of the stocks managed in
the Oregon blue/deacon/black rockfish complex, Nearshore Rockfish
complexes, Shelf Rockfish Complexes, Slope Rockfish complexes, and the
Other Fish complex. When combined with the [sigma] values of 1.00 for
category two, a P* value of 0.45 corresponds to an 11.8 percent
reduction and a P* value of 0.40 corresponds to a 22.4 percent
reduction. For category three stocks, the Council's general policy was
to apply a P* value of 0.45 for these stocks, except the Council
recommended a P* value of 0.40 for cowcod between 40[deg]10' N lat. and
34[deg]27' N lat., Pacific cod, starry flounder, and all stocks in the
Other Flatfish complex. When combined with the [sigma] values of 2.00
for category three, a P* value of 0.45 corresponds to 22.2 percent
reduction and a P* value of 0.40 corresponds to a 39.8 percent
reduction. See Table 1-3 of Agenda F.3, Supplemental Revised Attachment
1, April 2022 Council meeting for the full description of [sigma] and
P* values by stock. See Tables 1a and 2a to Part 660, Subpart C in the
in the proposed regulatory text of this proposed rule for the proposed
2023-24 ABCs.
C. Proposed ACLs for 2023 and 2024
The Council recommends ACLs for each groundfish stock or management
unit as defined in the PCGFMP. To determine the ACL for each stock, the
Council will determine the best estimate of current stock abundance and
its relation to the precautionary and overfished/rebuilding thresholds.
Under the PCGFMP, the biomass level that produces MSY, or
BMSY, is defined as the precautionary threshold. When the
biomass for an assessed category one or
[[Page 62679]]
two stock falls below BMSY, the ACL is set below the ABC
using a harvest rate reduction to help the stock return to the
BMSY level, which is the management target for groundfish
stocks. If a stock biomass is larger than BMSY, the ACL may
be set equal to the ABC, or the ACL may be set below the ABC to address
conservation objectives, socioeconomic concerns, management
uncertainty, or other factors necessary to meet management objectives.
The overfished/rebuilding threshold is 25 percent of the estimated
unfished biomass level for non-flatfish stocks or 50 percent of
BMSY, if known. The overfishing/rebuilding threshold for
flatfish stocks is 12.5 percent of the estimated unfished biomass
level. When a stock is below BMSY (the precautionary
threshold) but above the overfishing/rebuilding threshold, it is
considered to be in the precautionary zone.
Under PCGFMP Amendment 24, the Council set up default harvest
control rules, which established default policies that would be applied
to the best available scientific information to set ACLs each biennial
cycle, unless the Council has reasons to diverge from that harvest
control rule. A complete description of the default harvest control
rules for setting ACLs is described in the proposed and final rule for
the 2015-16 harvest specifications and management measures and PCGFMP
Amendment 24 (80 FR 687, January 6, 2015; 80 FR 12567, March 10, 2015).
The PCGFMP defines the 40-10 harvest control rule for stocks with a
BMSY proxy of B40 that are in the
precautionary zone as the standard reduction. The analogous harvest
control rule with the standard reduction for assessed flatfish stocks
is the 25-5 harvest control rule for flatfish stocks with a
BMSY proxy of B25. The further the stock
biomass is below the precautionary threshold, the greater the reduction
in ACL relative to the ABC, until at B10 for a stock
with a BMSY proxy of B40, or
B5 for a stock with a BMSY proxy of
B25, the ACL would be set at zero.
Under the PCGFMP, harvest control rules are typically applied at
the component species level for stock complexes to calculate ACLs.
Resulting contribution values of each component species, or ACL
contributions, are summed to equal the stock complex ACLs. For example
the ACL contributions of black rockfish off of Oregon and quillback
rockfish contribute to the overall ACL for Oregon black/deacon/blue
rockfish stock complex and the Nearshore Rockfish complexes
respectively.
Under the PCGFMP, the Council may recommend setting the ACL at a
different level than what the default harvest control rules specify as
long as the ACL does not exceed the ABC and complies with the
requirements of the Magnuson-Stevens Act (see the Analysis for
information on the Magnuson-Stevens Act). For most of the stocks and
stock complexes managed with harvest specifications for 2023-24, the
Council chose to maintain the default harvest control rules from the
previous biennial cycle. For the Oregon black/deacon/blue rockfish
stock complex and the Nearshore Rockfish complexes, the Council
recommended deviating from the default harvest control rule by changing
how the contribution of black rockfish off of Oregon and quillback
rockfish off of California are calculated. Table 1 presents a summary
table of the proposed changes to default harvest control rules for
certain stocks for 2023-24. Each of these changes is discussed further
below.
Table 1--Proposed Changes to Harvest Control Rules for 2023-24
----------------------------------------------------------------------------------------------------------------
ACL contribution to stock
Stock complex component Alternative Harvest control rule complex \a\ \b\
----------------------------------------------------------------------------------------------------------------
Black Rockfish off of Oregon...... Default.............. ACL contribution = ABC (P* 477 mt (2023), 471 mt
= 0.45). (2024).
Proposed change...... ACL contribution = 2020 512 mt (2023), 512 mt
ABC. (2024).
Quillback Rockfish off of Default.............. ACL contribution < ABC 2023 statewide ACL
California. with the 40-10 adjustment contribution = 0.11 mt;
\c\ off California only 2024 statewide ACL
(P* = 0.45). contribution = 0.42 mt.
Proposed change...... ACL contribution < ABC 2023 statewide ACL
(SPR 0.55; P* 0.45). contribution = 1.76 mt;
2024 statewide ACL
contribution = 1.93 mt.
----------------------------------------------------------------------------------------------------------------
\a\ Default ACL is for 2023 and 2024 under the default harvest control rule, Proposed change ACL is for 2023 and
2024 under the alternative harvest specifications.
\b\ The ACL contribution for quillback rockfish off of California are apportioned to create the ACL
contributions to the nearshore rockfish complexes north and south of 40[deg] 10' N lat. The apportionment was
determined by the proportion of catch between 2005 and 2020 north and south of 40[deg]10' N lat. in California
where 49.6 percent of the statewide ACL is apportioned to the area between 42[deg] and 40[deg]10' N lat. for
the California contribution to the northern complex, and 50.4 percent to the area south of 40[deg]10' N lat.
for the contribution to the southern complex.
\c\ The 40-10 adjustment is applied to only some component species when calculating the complex ACL, where a
precautionary reduction is warranted, per the PCGFMP at section 4.6.1. The 40-10 adjustment reduces the
harvest rate to help the stock return to the maximum sustainable yield level.
Oregon Black Rockfish
Oregon black rockfish is a category two stock, managed as part of
the Oregon blue/deacon/black rockfish complex. Oregon black rockfish
was first assessed as a single stock in 2015. In 2019, the Oregon black
rockfish stock was estimated to be at 56 percent of its unfished
spawning output. For 2021-22, the NWFSC conducted a catch-only update
to the 2015 assessment by adding realized catch data from 2015-2018 and
estimates of catch for 2019 and 2020. For 2021-2022, the Council
recommended and NMFS approved a departure from the default harvest
control rule on a case-specific basis to adopt an ABC for both years
equal to the 2020 value (512 metric tons). The intent of the departure
was to provide fishery stability, without significantly affecting stock
status.
Black rockfish is the primary target stock for nearshore
recreational and commercial fisheries in Oregon and attainment of the
ACL contribution is high. In 2017, Oregon recreational fisheries were
shut down early because of black rockfish concerns, and the Council
received public testimony as to the severe negative consequences for
charter business operators and tourist-revenue dependent coastal
communities resulting from this closure. Due to the constraining nature
of black rockfish in Oregon and the biomass level being above the
precautionary threshold, the Oregon Department of Fish and Wildlife
(ODFW) recommended an alternative harvest control rule where the 2020
ABC of 512 mt is specified in 2023 and 2024, and the ACL contributions
are set equal to ABCs. The Magnuson-Stevens Act and the PCGFMP allow
the SSC to recommend an ABC that differs from the
[[Page 62680]]
ABC control rule on a case by case basis, provided the SSC offers
justification for its recommended deviation. In 2025, the current
default harvest control rule (ABC=ACL, P* of 0.45) would once again
apply to Oregon black rockfish.
Catch-only projections for black rockfish (Agenda Item E.3,
Attachment 3, November 2021) were completed for two scenarios that
differed according to the timeframe for which ABCs/ACL contributions of
512 mt were assumed (2021-2022 vs 2021-2024). For both scenarios,
previously assumed catch projections for 2019 and 2020 were replaced
with the lower observed catches for those years. Under both scenarios,
the long-term projections result in a projected stock biomass at 54
percent of its unfished spawning output in 2032. Stocks with biomass
estimates greater than 40 percent depletion are above the precautionary
thresholds in the PCGFMP. Because the biomass is the same under either
scenario, the SSC endorsed this alternative harvest control rule for
use in 2023-24.
Therefore based on the Analysis, the Council has recommended and
NMFS is proposing alternative harvest specifications for black rockfish
off of Oregon as part of the Oregon blue/deacon/black rockfish complex.
The alternative harvest control rule would implement an ACL for the
2023 and 2024 biennium of 512 mt in each year. This ACL contributes to
the overall stock complex ACL.
Quillback Rockfish Off California
Quillback rockfish is managed as part of the Nearshore Rockfish
complexes north and south of 40[deg]10' N lat. Quillback rockfish was
assessed in 2021 (Agenda Item E.2, Attachment 4, November 2021). Due to
differences in data availability and fishery exploitation, the
quillback rockfish assessment split the species into three separate
assessment areas by state boundary line. For purposes of stock status
determination (i.e., whether the stock or stock complex is subject to
overfishing or overfished), the assessments were combined to reflect
(1) the status of quillback rockfish as a part of the nearshore
rockfish complexes and (2) that quillback rockfish off California are
not a stock defined separately from quillback rockfish off Oregon and
Washington. However, the individual assessment areas suggested
differences in abundance and potential localized depletion, which are
addressed through this action as described below. The assessment for
the portion of quillback rockfish off California indicated that portion
is depleted.
The Council recommended, and NMFS proposes, applying the default
harvest control rule, P* 0.45, for quillback rockfish off of Washington
and Oregon. Under the default harvest control rule for the portion
quillback rockfish off of California, a precautionary adjustment (i.e.,
the 40-10 adjustment) would be applied. However, the Council
anticipated scientific information about the population dynamics of the
various stocks would improve over time. This information would result
in improved estimates of appropriate harvest rates and the default
values from the 40-10 adjustment could be replaced. In response to the
best available scientific information related to the depletion specific
to the portion of quillback rockfish off California estimated in the
assessment, the Council recommended additional steps to reduce
mortality in that assessment area. The Council considered a range of
alternative harvest control rules for the portion of quillback rockfish
off California based on the January 2022 draft rebuilding analysis
which is available at https://www.pcouncil.org/stock-assessments-star-reports-stat-reports-rebuilding-analyses-terms-of-reference/groundfish-stock-assessment-documents/. The Council's SSC endorsed the rebuilding
analysis for use in management, with which the alternative harvest
control rules are consistent. However, as noted above, because for
status determination purposes in the 2023-2024 biennium, quillback
rockfish off California are not a stock defined separately from
quillback rockfish off Oregon and Washington and are part of a stock
complex. NMFS has not determined that any stock or stock complex is
overfished and development of a rebuilding plan is not required.
The Council recommended setting the California statewide ACL
contribution of quillback rockfish to the complexes below the statewide
ABC contribution of quillback rockfish to the complexes to allow the
spawning output of quillback rockfish in this assessment area to
increase toward the management target. The statewide harvest
specifications were then apportioned to create the ACL contributions to
the nearshore rockfish complexes north and south of 40[deg]10' N lat.
The apportionment was determined by the proportion of catch between
2005 and 2020 north and south of 40[deg]10' N lat. in California where
49.6 percent of the statewide ACL is apportioned to the area between
42[deg] and 40[deg]10' N lat. for the California contribution to the
northern complex, and 50.4 percent to the area south of 40[deg]10' N
lat. for the contribution to the southern complex. The California
statewide ACL was used to inform the Council's recommendation on
harvest specifications for the nearshore rockfish complexes, and
precautionary management measures for quillback rockfish (see Sections
III.G, III.M, and III.N).
Therefore, based on the best scientific information available as
detailed in the Analysis and Agenda Item F.6.a Supplemental Groundfish
Management Team Report 2, June 2022, the Council has recommended, and
NMFS is proposing, alternative harvest specifications for quillback
rockfish as part of the Nearshore Rockfish complexes north and south of
40[deg]10' N lat. The alternative harvest control rule would implement
a statewide ACL contribution of 1.76 mt in 2023 and 1.93 mt in 2024.
Based on the apportionment described above, the ACL contribution for
the portion of quillback rockfish off of California to the Nearshore
Rockfish complex north of 40[deg]10' N lat. would be 0.87 mt in 2023
and 0.89 mt in 2024. The ACL contribution for the portion of quillback
rockfish off of California to the Nearshore Rockfish complex south of
40[deg]10' N lat. would be 0.96 mt in 2023 and 0.97 mt in 2024.
Stocks in Rebuilding Plans
When NMFS declares a stock overfished, the Council must develop and
manage the stock in accordance with a rebuilding plan. For overfished
stocks in the PCGFMP, this means that the harvest control rule for
overfished stocks sets the ACL based on the rebuilding plan. The
proposed rules for the 2011-12 (75 FR 67810, November 3, 2010) and
2013-14 (77 FR 67974, November 14, 2012) harvest specifications and
management measures contain extensive discussions on the management
approach used for overfished stocks, which are not repeated here. In
addition, the SAFE document posted on the Council's website at https://www.pcouncil.org/groundfish/safe-documents/ contains a detailed
description of each overfished stock, its status and management, as
well as the SSC's approach for rebuilding analyses. This document
provides information on yelloweye rockfish, which is the only remaining
rebuilding stock in the PCGFMP. NMFS declared yelloweye rockfish
overfished in 2002. The Council adopted a rebuilding plan for the stock
in 2004, and revised the rebuilding plan in 2011 under Amendment 16-4
to the PCGFMP, and again during the 2019-20 biennium (83 FR 63970,
December 12, 2018). The Council proposed yelloweye rockfish ACLs for
2023 and 2024 are
[[Page 62681]]
based on the current yelloweye rockfish rebuilding plan, so additional
details are not repeated here. Appendix F to the PCGFMP contains the
most recent rebuilding plan parameters, as well as a history of each
overfished stock, and can be found at https://www.pcouncil.org/groundfish/fisherymanagement-plan/.
Additionally, the Council recommended, and NMFS is proposing, to
establish annual catch targets (ACTs) within the non-trawl allocation
harvest guideline (HG). The non-trawl sector includes the limited entry
fixed gear (LEFG) and open access (OA) fisheries as well as the
recreational fisheries for Washington, Oregon, and Californ ia. The
nearshore fisheries occur seaward of Oregon and California and are
subject to both Federal and state HGs as well as other state-specific
management measures. The non-nearshore fisheries include the limited
entry and Federal open access fixed gear fleets. Tables 2 and 3 outline
the proposed harvest specifications for 2023 and 2024 for yelloweye
rockfish.
Table 2--2023 Harvest Specifications for Yelloweye Rockfish
----------------------------------------------------------------------------------------------------------------
OFL (mt) ABC (mt) ACL (mt) HG (mt) ACT (mt)
----------------------------------------------------------------------------------------------------------------
All sectors..................... 123 103 66 55.3 ..............
Non-trawl................... .............. .............. .............. 50.9 39.9
Non-Nearshore........... .............. .............. .............. 10.7 8.4
Nearshore
Washington Recreational. .............. .............. .............. 13.2 10.4
Oregon Recreational..... .............. .............. .............. 11.7 9.2
California Recreational. .............. .............. .............. 15.3 12.0
Trawl....................... .............. .............. .............. 4.4 ..............
----------------------------------------------------------------------------------------------------------------
Table 3--2024 Harvest Specifications for Yelloweye Rockfish
----------------------------------------------------------------------------------------------------------------
OFL (mt) ABC (mt) ACL (mt) HG (mt) ACT (mt)
----------------------------------------------------------------------------------------------------------------
All sectors..................... 123 103 66 55.3 ..............
Non-trawl................... .............. .............. .............. 50.9 39.9
Non-Nearshore........... .............. .............. .............. 10.7 8.4
Nearshore
Washington Recreational. .............. .............. .............. 13.2 10.4
Oregon Recreational..... .............. .............. .............. 11.7 9.2
California Recreational. .............. .............. .............. 15.3 12.0
Trawl....................... .............. .............. .............. 4.4 ..............
----------------------------------------------------------------------------------------------------------------
The Council recommended using ACTs for the non-trawl sector as a
precaution. As discussed in the Analysis, because yelloweye rockfish
catch has been restricted for many years, it is difficult to project
encounter rates. This precautionary approach to higher catch limits
would allow more access to target fisheries for the non-trawl sector,
while also managing for the uncertainty and volatility in catch of this
rebuilding stock by this sector.
D. Summary of ACL Changes From 2022 to 2023-24
Table 4 compares the ACLs for major stocks and stock complexes for
2022 and 2023-24. Under this proposed rule, of the 42 stocks and stock
complexes managed with ACLs in 2022, 8 stocks would have higher ACLs in
2023 and 2024 than in 2022, 23 would have ACLs that would decrease in
2023 from 2022, and 7 would have ACLs that would be close to the amount
in place in 2022. Three stocks (Dover sole, Pacific cod, and starry
flounder), and one stock complex (Other fish), would have the same ACLs
in 2022, 2023, and 2024. Under this proposed rule, the ACL for
yelloweye rockfish would increase by 29.4 percent. This is based on the
projections from the 2017 rebuilding analysis and the default harvest
control rule specifying ACLs based on the SPR harvest rate of 65
percent. This predicted slow rate of rebuilding is anticipated for this
slow growing species. One stock (arrowtooth flounder) has an ACL that
would increase more than 100 percent. This increase is due to new
information provided in the 2021 catch-only assessment update. The 37.5
percent increase in sablefish north of 36[deg] N lat. is due to new
information from the update assessment of sablefish. The 31.1 percent
decrease in lingcod south of 40[deg]10' N lat. is due to new
information provided in the 2021 stock assessment.
Table 4--ACLs for Major Stocks and Management Units for 2022, and 2023-24
----------------------------------------------------------------------------------------------------------------
ACL (mt)
Stock/complex Area ------------------------------------------------ Percent change
2022 2023 2024 2022 to 2023
----------------------------------------------------------------------------------------------------------------
YELLOWEYE ROCKFISH............ Coastwide....... 51 66 66 29.4
Arrowtooth Flounder........... Coastwide....... 8,458 18,632 14,178 120.3
Big Skate..................... Coastwide....... 1,389 1,320 1,267 -5.0
Black Rockfish................ WA.............. 291 290 289 -0.3
Black Rockfish................ CA.............. 341 334 329 -2.1
Bocaccio...................... S of 40[deg]10'. 1,724 1,842 1,828 6.8
Cabezon....................... CA.............. 195 182 171 -6.7
[[Page 62682]]
Cabezon/Kelp Greenling........ WA.............. 17 20 17 17.6
Cabezon/Kelp Greenling........ OR.............. 190 185 180 -2.6
California Scorpionfish....... Coastwide....... 275 262 252 -4.7
Canary Rockfish............... Coastwide....... 1,307 1,284 1,267 -1.8
Chilipepper................... S of 40[deg]10'. 2,259 2,183 2,121 -3.4
Cowcod........................ S of 40[deg]10'. 82 80 79 -2.4
Darkblotched Rockfish......... Coastwide....... 831 785 750 -5.5
Dover Sole.................... Coastwide....... 50,000 50,000 50,000 0.0
English Sole.................. Coastwide....... 9,101 9,018 8,960 -0.9
Lingcod....................... N of 40[deg]10'. 4,958 4,378 3,854 -11.7
Lingcod....................... S of 40[deg]10'. 1,172 726 722 -38.1
Longnose Skate................ Coastwide....... 1,761 1,708 1,660 -3.0
Longspine Thornyhead.......... N of 34[deg]27'. 2,452 2,295 2,162 -6.4
Longspine Thornyhead.......... S of 34[deg]27'. 774 725 683 -6.3
Pacific Cod................... Coastwide....... 1,600 1,600 1,600 0.0
Pacific Ocean Perch........... N of 40[deg]10'. 3,711 3,573 3,443 -3.7
Petrale Sole.................. Coastwide....... 3,660 3,485 3,285 -4.8
Sablefish..................... N of 36[deg].... 6,172 8,486 7,780 37.5
Sablefish..................... S of 36[deg].... 2,203 2,338 2,143 6.1
Shortspine Thornyhead......... N of 34[deg]27'. 1,393 1,359 1,328 -2.4
Shortspine Thornyhead......... S of 34[deg]27'. 737 719 702 -2.4
Spiny Dogfish................. Coastwide....... 1,585 1,456 1,407 -8.1
Splitnose..................... S of 40[deg]10'. 1,630 1,592 1,553 -2.3
Starry Flounder............... Coastwide....... 392 392 392 0.0
Widow Rockfish................ Coastwide....... 13,788 12,624 11,482 -8.4
Yellowtail Rockfish........... N of 40[deg]10'. 5,831 5,666 5,560 -2.8
Blue/Deacon/Black Rockfish.... OR.............. 600 597 594 -0.5
Nearshore Rockfish North...... N of 40[deg]10'. 77 93 91 20.8
Nearshore Rockfish South...... S of 40[deg]10'. 1,010 887 891 -11.2
Other Fish.................... Coastwide....... 223 223 223 0.0
Other Flatfish................ Coastwide....... 4,838 4,862 4,874 0.5
Shelf Rockfish North.......... N of 40[deg]10'. 1,450 1,283 1,278 -11.5
Shelf Rockfish South.......... S of 40[deg]10'. 1,428 1,469 1,469 2.9
Slope Rockfish North.......... N of 40[deg]10'. 1,568 1,540 1,516 -1.8
Slope Rockfish South.......... S of 40[deg]10'. 705 701 697 -0.6
----------------------------------------------------------------------------------------------------------------
Note: Rebuilding stocks are capitalized.
III. Proposed Management Measures
This section describes proposed management measures used to further
allocate the ACLs to the various components of the fishery (i.e.,
biennial fishery harvest guidelines and set-asides) and management
measures to control fishing. Management measures for the commercial
fishery modify fishing behavior during the fishing year to ensure catch
does not exceed the ACL, and include trip and cumulative landing
limits, time/area closures, size limits, and gear restrictions.
Management measures for the recreational fisheries include bag limits,
size limits, gear restrictions, fish dressing requirements, and time/
area closures.
A. Deductions From the ACLs
Before making allocations to the primary commercial and
recreational components of groundfish fisheries, the Council recommends
``off-the-top deductions,'' or deductions from the ACLs to account for
anticipated mortality for certain types of activities: harvest in
Pacific Coast treaty Indian tribal fisheries; harvest in scientific
research activities; harvest in non-groundfish fisheries (incidental
catch); and harvest that occurs under EFPs. These off-the-top
deductions are proposed for individual stocks or stock complexes and
can be found in the footnotes to Tables 1a and 2a to part 660, subpart
C in the regulatory text of this proposed rule. The details of the EFPs
are discussed below in Section III.H.
B. Tribal Fisheries
The Quileute Tribe, Quinault Indian Nation, Makah Indian Tribe, and
Hoh Indian Tribe (collectively, ``the Pacific Coast Tribes'') implement
management measures for Tribal fisheries both independently as
sovereign governments and cooperatively with the management measures in
the Federal regulations. The Pacific Coast Tribes work through the
Pacific Fishery Management Council process to maintain groundfish set-
asides, harvest guidelines, and allocations pursuant to treaty fishing
rights and as co-managers of the resource. The Pacific Coast Tribes may
adjust their Tribal fishery management measures inseason to stay within
the Tribal set-asides and allocations and within the estimated impacts
to overfished stocks. Table 5 provides the proposed Tribal harvest set-
asides and allocations proposed for the 2023-24 biennium for groundfish
species other than Pacific whiting, which is allocated through a
separate annual specifications process. These targets are consistent
with the 2022 targets, with the exception of Pacific ocean perch
(increased to 130 mt) and darkblotched rockfish (increased to 5 mt).
[[Page 62683]]
Table 5--Proposed Tribal Harvest Set-Asides and Allocations for the 2023-
24 Biennium Compared to Those in Place in 2022
------------------------------------------------------------------------
Off the top deduction
Stock -------------------------------
2022 (mt) 2023-2024 (mt)
------------------------------------------------------------------------
Arrowtooth Flounder..................... 2,041 2,041
Big Skate............................... 15 15
WA Black Rockfish....................... 18 18
Canary Rockfish......................... 50 50
Darkblotched Rockfish................... 0.2 5
Dover Sole.............................. 1,497 1,497
English Sole............................ 200 200
Lingcod N of 40[deg]10' N lat........... 250 250
Longnose Skate.......................... 220 220
Longspine Thornyhead N of 34[deg]27' N 30 30
lat....................................
Pacific cod............................. 500 500
Pacific Ocean Perch..................... 9.2 130
Petrale Sole............................ 350 350
Sablefish N of 36[deg] N lat.\a\........ 656.6 849 (2023)
778 (2024)
Shortspine Thornyhead S of 34[deg]27' N 50 50
lat....................................
Spiny Dogfish........................... 275 275
Widow rockfish.......................... 200 200
Yellowtail Rockfish..................... 1,000 1,000
WA Cabezon/Kelp Greenling............... 2 2
Nearshore Rockfish North................ 1.5 1.5
Other Flatfish.......................... 60 60
Shelf Rockfish North.................... 30 30
Slope Rockfish North.................... 36 36
------------------------------------------------------------------------
\a\ Sablefish is allocated according to Amendment 6 of the PCGFMP and 50
CFR 660.50(f)(2).
The Pacific Coast Tribes proposed trip limit management in Tribal
fisheries for 2023-24--for several stocks, including several rockfish
stocks and stock complexes. This rule proposes the trip limits for
Tribal fisheries as provided to the Council at its June 2022 meeting in
Supplemental Tribal Report 1, Agenda Item F.6.a. For rockfish stocks,
Tribal regulations will continue to require full retention of all
overfished rockfish stocks and marketable non-overfished rockfish
stocks. The Pacific Coast Tribes will continue to develop management
measures, including depth, area, and time restrictions, in the directed
Tribal Pacific halibut fishery in order to minimize incidental catch of
yelloweye rockfish.
C. Biennial Fishery Allocations
The Council routinely recommends 2-year trawl and non-trawl
allocations during the biennial specifications process for stocks
without formal allocations (as defined in Section 6.3.2 of the PCGFMP)
or stocks where the long-term allocation is suspended because the stock
is declared overfished.
The trawl and non-trawl allocations, with the exception of
sablefish north of 36[deg] N lat., are based on the fishery harvest
guideline. The fishery harvest guideline is the tonnage that remains
after subtracting the off-the-top deductions described in Section III.,
A, entitled ``Deductions from the ACLs,'' in this preamble. The trawl
and non-trawl allocations and recreational harvest guidelines are
designed to accommodate anticipated mortality in each sector as well as
variability and uncertainty in those mortality estimates. Additional
information on the Council's allocation framework and formal
allocations can be found in Section 6.3 of the PCGFMP and Sec. 660.55
of the Federal regulations. Allocations described below are detailed in
the harvest specification tables appended to 50 CFR part 660, subpart C
in the regulatory text of this proposed rule.
Big Skate
The Council recommended and NMFS is proposing the allocations shown
in Table 6 for big skate in 2023 and 2024. These allocations are
anticipated to accommodate estimates of mortality of big skate, by
sector, in 2023-24. Allocations of big skate are determined on a
biennial basis. For 2023-24, the Council elected to maintain the
current big skate split of 95 percent to the trawl fishery and 5
percent to the non-trawl fishery. This results in a trawl allocation of
1,197.2 mt and a non-trawl allocation of 63 mt in 2023, as well as a
trawl allocation of 1,146.8 mt and a non-trawl allocation of 60.4 mt in
2024. No further allocations or deductions are made.
Table 6--2023 and 2024 Trawl/Non-Trawl Allocations of Big Skate
----------------------------------------------------------------------------------------------------------------
2023 Allocation 2024 Allocation
Percentage (mt) (mt)
----------------------------------------------------------------------------------------------------------------
Trawl..................................................... 95 1,197.2 1,146.8
Non-trawl................................................. 5 63 60.4
----------------------------------------------------------------------------------------------------------------
[[Page 62684]]
Bocaccio South of 40[deg]10' N Lat.
Specifications for bocaccio are determined through the biennial
specifications process. For 2023-24, the Council recommended and NMFS
is proposing the allocations shown in Table 7 for bocaccio in 2023 and
2024, which maintain the allocation structure from the previous
biennium. These allocations are anticipated to accommodate estimates of
mortality of bocaccio, by sector, in 2023-24. In each year, the fishery
harvest guideline is split with 39 percent going to the trawl sectors
and 61 percent to the non-trawl sectors. For the trawl sector this
results in an allocation of 700.3 mt in 2023 and 694.9 mt in 2024. The
non-trawl sectors would receive 1,093.5 mt in 2023 and 1,085 mt in
2024. The non-trawl allocation is then distributed between the
commercial (nearshore and non-nearshore fisheries) and California
recreational fisheries. In 2023, the commercial sector would receive
30.9 percent of the non-trawl allocation or 337.9 mt, and the
California recreational sector would receive 755.6 mt. In 2024, the
same percentage would remain in place with the commercial sector
receiving 335.3 mt and the California recreational sector receiving
749.7 mt.
Table 7--2023 and 2024 Allocations of Bocaccio
----------------------------------------------------------------------------------------------------------------
2023 Allocation 2024 Allocation
Percentage (mt) (mt)
----------------------------------------------------------------------------------------------------------------
Trawl..................................................... 39 700.3 694.9
Non-trawl \a\............................................. 61 1,093.5 1,085
----------------------------------------------------------------------------------------------------------------
\a\ The California recreational sector share of the non-trawl allocation is 755.6 mt in 2023 and 749.7 mt in
2024.
Canary Rockfish
The Council recommended and NMFS is proposing the allocations in
Table 8 for canary rockfish in 2023 and 2024, which maintain the status
quo proportions from the 2021-22 biennium. These allocations are
anticipated to accommodate estimates of mortality of canary rockfish,
by sector, in 2023-24. For canary rockfish, the fishery harvest
guideline is distributed to the trawl and non-trawl sectors with trawl
receiving 72.3 percent and non-trawl sectors receiving 27.7 percent
each year. In 2023, the trawl sector would receive 880.7 mt of canary
rockfish, of which 36 mt would be deducted to account for bycatch in
the at-sea sectors, and the remaining 844.7 mt would be distributed to
the shorebased individual fishing quota (IFQ) sector. In 2023, the non-
trawl sector would receive 337.4 mt which is distributed to the
commercial non-trawl (121.5 mt), WA recreational (41.5 mt), OR
recreational (62.4 mt), and CA recreational (112.0 mt) fisheries. In
2024, the trawl sector would receive 868.4 mt of canary rockfish, of
which 36 mt would be deducted to account for bycatch in the at-sea
sectors, and the remaining 832.4 mt would be distributed to the
shorebased IFQ sector. The non-trawl sector would receive 332.7 mt,
which is distributed to the commercial non-trawl sector (119.8 mt), WA
recreational (40.9 mt), OR recreational (61.5 mt), and CA recreational
(110.5 mt) fisheries.
Table 8--2023 and 2024 Allocations of Canary Rockfish
------------------------------------------------------------------------
2023 Allocation 2024 Allocation
(mt) (mt)
------------------------------------------------------------------------
Shorebased IFQ Program............ 844.7 832.4
At-sea Sectors.................... 36 36
Nearshore/Non-nearshore........... 121.5 119.8
Washington recreational........... 41.5 40.9
Oregon recreational............... 62.4 61.5
California recreational........... 112.0 110.5
------------------------------------------------------------------------
Cowcod
For 2023-24, the Council recommended and NMFS is proposing to
remove the 50 mt ACT for cowcod south of 40[deg]10' N lat. that was in
place during the 2021-22 biennium. The ACT was included in the 2021-22
biennium out of concern of the risk of exceeding the ACL and to account
for stock assessment uncertainty. Improved inseason monitoring tools
have been effective at monitoring cowcod mortality and reducing
management uncertainty. Therefore, the Council recommended removing the
50 mt ACT to provide additional flexibility and stability to the non-
trawl sector south of 40[deg]10' N lat. Table 9 shows the trawl/non-
trawl allocations for cowcod for 2023 and 2024. NMFS anticipates the
proposed allocation structure will accommodate estimates of mortality
of cowcod, by sector, in 2023-24. The fishery harvest guideline is
distributed to the trawl and non-trawl sectors, with the trawl sector
receiving 36 percent and the non-trawl sector receiving 64 percent each
year. The trawl sector would receive 24.8 mt of cowcod in 2023 and 24.4
mt in 2024. The non-trawl sector would receive 44.0 mt in 2023 and 43.4
mt in 2024, which is distributed to the commercial and recreational
sectors as a 50/50 split. The Council also recommended, and NMFS
proposes, sector-specific ACTs based on the 50/50 split. For 2023 the
commercial sector ACT would be 22 mt and the recreational sector ACT
would be 22 mt. For 2024 the commercial sector ACT would be 21.7 mt and
the recreational sector ACT would be 21.7 mt. Utilizing sector-specific
ACTs within the non-trawl sector, in addition to maintaining the
proposed zero retention requirement in the non-trawl sector, should
help to reduce management uncertainty with the proposed removal of the
50 mt ACT below the fishery harvest guideline.
[[Page 62685]]
Table 9--2023 and 2024 Trawl/Non-Trawl Allocations of Cowcod
----------------------------------------------------------------------------------------------------------------
2023 Allocation 2024 Allocation
Percentage (mt) (mt)
----------------------------------------------------------------------------------------------------------------
Trawl..................................................... 36 24.8 24.4
Non-trawl................................................. 64 44.1 43.4
----------------------------------------------------------------------------------------------------------------
Lingcod South of 40[deg]10' N Lat.
The Council recommended and NMFS is proposing the trawl/non-trawl
allocations for lingcod south of 40[deg]10' N lat. in Table 10. These
allocations are anticipated to accommodate estimates of mortality of
lingcod, by sector, in 2023-24.
Specifications for the lingcod south of 40[deg]10' N lat. were
established through the biennial process with a trawl/non-trawl
allocation for the 2023-24 specifications of 40 percent of the harvest
guideline to trawl sector and 60 percent to non-trawl sector. In 2023,
the distribution results in 285.2 mt to the trawl sector and 427.8 mt
to the non-trawl sectors. In 2024, the distribution results in 285.2 mt
to the trawl sectors and 425.4 mt to the non-trawl sectors. No further
allocations or distributions are made.
Table 10--2023 and 2024 Trawl/Non-Trawl Allocations of Lingcod South of 40[deg]10' N Lat.
----------------------------------------------------------------------------------------------------------------
2023 Allocation 2024 Allocation
Percentage (mt) (mt)
----------------------------------------------------------------------------------------------------------------
Trawl..................................................... 40 285.2 283.6
Non-trawl................................................. 60 427.8 425.4
----------------------------------------------------------------------------------------------------------------
Longnose Skate
The Council recommended and NMFS is proposing the trawl/non-trawl
allocations for longnose skate in Table 11. The allocation percentages,
90 percent to trawl and 10 percent to non-trawl, reflect historical
catch of longnose skate in the two sectors. These allocations are
anticipated to accommodate estimates of mortality of longnose skate, by
sector, in 2023-24. In 2023, the 90/10 distribution results in 1,311.0
mt to the trawl sectors and 145.7 mt to the non-trawl sectors. In 2024,
the distribution results in 1,267.8 mt to the trawl sectors and 140.9
mt to the non-trawl sectors.
Table 11--2023 and 2024 Trawl/Non-Trawl Allocations of Longnose Skate
----------------------------------------------------------------------------------------------------------------
2023 Allocation 2024 Allocation
Percentage (mt) (mt)
----------------------------------------------------------------------------------------------------------------
Trawl..................................................... 90 1,311.0 1,267.8
Non-trawl................................................. 10 145.7 140.9
----------------------------------------------------------------------------------------------------------------
Minor Shelf Rockfish
Allocations for Minor Shelf Rockfish are recommended by the Council
and proposed by NMFS for each biennial cycle. The proposed allocations
for 2023 and 2024 are shown in Table 12. Specifications for the shelf
rockfish complex north of 40[deg]10' N lat. were established through
the biennial process with a trawl/non-trawl allocation for the 2023-24
specifications of 60.2 percent to trawl sectors and 39.8 percent to
non-trawl sectors. In 2023, the distribution results in 729.7 mt to the
trawl sectors and 482.4 mt to the non-trawl sectors. In 2024, the
distribution results in 726.7 mt to the trawl sectors and 480.4 mt to
the non-trawl sectors. Of the amount going to the trawl sectors, 35 mt
is deducted each year from the trawl allocation to account for bycatch
in the at-sea whiting sectors, with the remaining 694.7 mt in 2023 and
691.7 mt in 2024 going to the shorebased IFQ fishery. No further
allocations or distributions are made.
Specifications for the shelf rockfish complex south of 40[deg]10' N
lat. were established through the biennial process with a trawl/non-
trawl allocation for the 2023-24 specifications of 12.2 percent to
trawl sectors and 87.8 percent to non-trawl sectors. In 2023 and 2024,
the distribution results in 163.9 mt to the trawl sectors and 1,173.2
mt to the non-trawl sectors. No further allocations or distributes are
made.
Table 12--Trawl/Non-Trawl Allocations for Minor Shelf Rockfish North and South of 40[deg]10' N Lat.
----------------------------------------------------------------------------------------------------------------
2023 Allocations 2024 Allocations
Percentage (mt) (mt)
----------------------------------------------------------------------------------------------------------------
Minor Shelf Rockfish north of 40[deg]10' N lat.:
Trawl................................................. 60.2 729.7 726.7
Non-trawl............................................. 39.8 482.4 480.4
Minor Shelf Rockfish south of 40[deg]10' N lat.:
Trawl................................................. 12.2 163.0 163.0
Non-trawl............................................. 87.8 1,173.2 1,173.2
----------------------------------------------------------------------------------------------------------------
[[Page 62686]]
Slope Rockfish Complex
Allocations for slope rockfish complex south of 40[deg]10' N lat.,
including custom shares for blackgill rockfish, are recommended by the
Council and proposed by NMFS for each biennial cycle. The proposed
allocations for 2023 and 2024 are shown in Table 13. The Council
recommended blackgill rockfish within the slope rockfish complex south
of 40[deg]10' N lat. be managed by setting an HG for blackgill rockfish
that was equal to the species specific ACL contribution to the slope
rockfish complex south of 40[deg]10' N lat. The blackgill rockfish HG
was then used to allocate 41 percent to the trawl sector and 59 percent
to the non-trawl sector. Then, trawl (63 percent) and non-trawl (37
percent) allocations were applied to the remaining species in the
complex. Finally, the off-the top set-asides are then deducted to
produce the final two-year allocations. In 2023, the distribution
results in 378.7 mt to the trawl sectors and 279.3 mt to the non-trawl
sectors. In 2024, the distribution results in 381.mt to the trawl
sectors and 280.2 mt to the non-trawl sectors.
Table 13--Trawl/Non-Trawl Allocations for Minor Slope Rockfish South of 40[deg]10' N Lat.
----------------------------------------------------------------------------------------------------------------
2023 Allocations (mt) 2024 Allocations (mt)
Category ---------------------------------------------------------------
Trawl Non-trawl Trawl Non-trawl
----------------------------------------------------------------------------------------------------------------
Blackgill rockfish share........................ 70.7 (41%) 101.7 (59%) 69.7 (41%) 100.2 (59%)
``Other slope rockfish'' share.................. 330.5 (63%) 194.1 (37%) 334.6 (63%) 196.5 (37%)
Share (mt)...................................... 401.2 295.8 404.3 296.7
---------------------------------------------------------------
Total....................................... 697.0
701.0
----------------------------------------------------------------------------------------------------------------
Percentage of total share....................... 57.56% 42.44% 57.67% 42.33%
----------------------------------------------------------------------------------------------------------------
Total combined off-top...................... 39
39
----------------------------------------------------------------------------------------------------------------
Apportioned off-top............................. 22.4 16.6 22.5 16.5
Final two year allocation....................... 378.7 279.3 381.8 280.2
----------------------------------------------------------------------------------------------------------------
Petrale Sole
The Council recommended and NMFS is proposing the trawl/non-trawl
allocations for petrale sole in Table 14. These allocations are
anticipated to accommodate estimates of mortality of petrale sole, by
sector, in 2023-24. For the 2023-24 biennium, 30 mt of petrale sole
would be allocated to the non-trawl sector and the remainder would go
to the trawl sector each year. In 2023, the distribution results in
3,068.8 mt to the trawl sector. In 2024, the trawl sector would receive
2,868.8 mt.
Table 14--2023 and 2024 Trawl/Non-Trawl Allocations of Petrale Sole
----------------------------------------------------------------------------------------------------------------
2023 Allocation 2024 Allocation
Percentage (mt) (mt)
----------------------------------------------------------------------------------------------------------------
Trawl..................................................... .............. 3,068.8 2,868.8
Non-trawl................................................. .............. 30 30
----------------------------------------------------------------------------------------------------------------
Widow Rockfish
The Council recommended and NMFS is proposing the trawl/non-trawl
allocations for widow rockfish in Table 15. These allocations are
anticipated to accommodate estimates of mortality of widow rockfish, by
sector, in 2023-24. For the 2023-24 biennium, 400 mt of widow rockfish
would be allocated to the non-trawl sector and the remainder would go
to the trawl sector each year. In 2023, the distribution results in
11,985.7 mt to the trawl sector. In 2024, the trawl sector would
receive 10,843.7 mt.
Table 15--2023 and 2024 Trawl/Non-Trawl Allocations of Widow Rockfish
----------------------------------------------------------------------------------------------------------------
2023 Allocation 2024 Allocation
Percentage (mt) (mt)
----------------------------------------------------------------------------------------------------------------
Trawl..................................................... .............. 11,985.7 10,843.7
Non-trawl................................................. .............. 400 400
----------------------------------------------------------------------------------------------------------------
D. Corrections and Additional Waypoints for Rockfish Conservation Areas
Rockfish Conservation Areas (RCAs) are large area closures intended
to reduce the catch of a stock or stock complex by restricting fishing
activity at specific depths. The boundaries for RCAs are defined by
straight lines connecting a series of latitude and longitude
coordinates that approximate depth contours. These sets of coordinates,
or lines, are not gear or fishery specific, but can be used in
combination to define an area. NMFS then implements fishing
restrictions for a specific gear and/or fishery within each defined
area.
For the 2023-24 biennium, the Council recommended and NMFS is
proposing line modifications seaward of California around Eel Canyon
(near Eureka), Mendocino Canyon, Mattole Canyon, the Farallon Islands
(near San Francisco), the Channel Islands (near Santa Barbara and east
of Anacapa Island), Redondo Canyon, Santa
[[Page 62687]]
Catalina Island, Lasuen Knoll, and Santa Clemente Island, as well as in
near Albion, Monterey Bay, Point Sur, Morro Bay, Port Hueneme, Santa
Monica Bay, Point Vincente, Huntington Beach, and San Diego. These
modifications would better align existing RCA coordinates with chart-
based depth contours, reduce boundary line crossovers, and address
enforcement concerns. See Section 2.1 of the Analysis for more details
on these changes.
The Council's recommendation would have deleted point (130) on the
boundary line approximating the 50 fathoms (fm) (91 m) depth contour.
This was the only point for this boundary line at 36[deg] N lat. Points
at each commonly used geographic coordinates (latitudes) defined in
paragraph (2) at Sec. 660.11 ``North-South management area'' should be
retained to maintain functionality and enforceability of these depth-
based lines when they are used to form closed areas such as Block Area
Closures or the Non-trawl Rockfish Conservation Area. Therefore, NMFS
is making an administrative change to modify the point instead of
deleting it. This will maintain the shape of the boundary line the
Council recommended, but will also maintain the functionality and
enforceability needed. This is an administrative change and does not
change the on-the-water location of the line that was recommended by
the Council at its June 2022 meeting.
NMFS is republishing Sec. 660.72(j)(220) through (222) to correct
the paragraph designation of paragraph (j)(221). The ``1'' was
mistakenly omitted during prior revisions so it was published as a
second paragraph (j)(22) in that section. This correction is not
substantive, and does not change the on-the-water effects of these
regulations, aside from reducing potential confusion about multiple
paragraphs (j)(22).
E. Limited Entry Trawl
The limited entry trawl fishery is made up of the shorebased IFQ
program, whiting and non-whiting, and the at-sea whiting sectors. For
some stocks and stock complexes with a trawl allocation, an amount is
first set-aside for the at-sea whiting sector with the remainder of the
trawl allocation going to the shorebased IFQ sector. Set-asides are not
managed by NMFS or the Council except in the case of a risk to the ACL.
At-Sea Set Asides
For several species, the trawl allocation is reduced by an amount
set-aside for the at-sea whiting sector. This amount is designed to
accommodate catch by the at-sea whiting sector when they are targeting
Pacific whiting. The Council is recommending and NMFS is proposing the
set-asides in Table 16 for the 2023-24 biennium. The Council considered
a set-aside for Pacific spiny dogfish but did not recommend
establishing one.
Table 16--2023-24 At-Sea Set-Asides for Vessels Targeting Pacific
Whiting While Fishing as Part of the At-Sea Sector
------------------------------------------------------------------------
At-sea set-aside
Stock or stock complex Area amount (mt)
------------------------------------------------------------------------
Arrowtooth Flounder............. Coastwide.......... 70
Canary rockfish................. Coastwide.......... 36
Darkblotched rockfish........... Coastwide.......... 76.4
Dover sole...................... Coastwide.......... 10
Lingcod......................... N of 40[deg]10' N 15
lat.
Longnose skate.................. Coastwide.......... 5
Minor shelf rockfish............ N of 40[deg]10' N 35
lat.
Minor slope rockfish............ N of 40[deg]10' N 300
lat.
Other flatfish.................. Coastwide.......... 35
Pacific halibut................. Coastwide.......... 10
Pacific ocean perch............. N of 40[deg]10' N 300
lat.
Petrale sole.................... Coastwide.......... 5
Sablefish....................... N of 36[deg] N lat. 100
Shortspine thornyhead........... N of 34[deg]27' N 70
lat.
Widow rockfish.................. Coastwide.......... 476
Yellowtail rockfish............. N of 40[deg]10' N 320
lat.
------------------------------------------------------------------------
Incidental Trip Limits for IFQ Vessels
For vessels fishing in the Shorebased IFQ Program, with either
groundfish trawl gear or non-trawl gears, the following incidentally-
caught stocks are managed with trip limits:
Minor Nearshore Rockfish north and south, Washington black
rockfish, Oregon black/blue/deacon rockfish, cabezon (46[deg]16' to
40[deg]10' N lat. and south of 40[deg]10' N lat.), spiny dogfish,
longspine thornyhead south of 34[deg] N lat., big skate, California
scorpionfish, longnose skate, Pacific whiting, and the Other Fish
complex. For all these stocks, this rule proposes maintaining the same
IFQ fishery trip limits for these stocks for the start of the 2023-24
biennium as those in place in 2022. Additionally, this rule proposes
maintaining the trip limit for blackgill rockfish within the southern
slope rockfish complex. The trip limit would be unlimited to start the
2023 fishing year. The purpose of the blackgill trip limit would be to
allow the Council to reduce targeting of blackgill rockfish inseason,
if needed. Trip limits for the IFQ fishery can be found in Table 1
North and Table 1 South to part 660, subpart D. Changes to trip limits
would be considered a routine measure under Sec. 660.60(c), and may be
implemented or adjusted, if determined necessary, through inseason
action.
F. LEFG and OA Non-Trawl Fishery
Management measures for the LEFG and OA non-trawl fisheries tend to
be similar because the majority of participants in both fisheries use
hook-and-line gear. Management measures, including area restrictions
(e.g., non-trawl RCA) and trip limits in these non-trawl fisheries, are
generally designed to allow harvest of target stocks while keeping
catch of overfished stocks low. LEFG trip limits are specified in Table
2 (North) and Table 2 (South) to subpart E. OA trip limits are
specified in Table 3 (North) and Table 3 (South) to subpart F in the
regulatory text of this proposed rule.
[[Page 62688]]
Sablefish Trip Limits
Sablefish are managed separately north and south of 36[deg] N lat.
For the portion of the stock north of 36[deg] N lat., the Council
recommended and NMFS proposes removing the daily trip limit for the OA
fishery and maintaining the same weekly and bimonthly trip limits as
were in place in the start of 2022. For the portion south of 36[deg] N
lat., the Council recommended, and NMFS proposes, the same weekly and
bimonthly trip limits as were in place in the start of 2022. The
proposed sablefish trip limits for 2023-24 are shown in Table 17.
Table 17--Sablefish Trip Limits for Limited Entry and Open Access Sectors North and South of 36[deg] N Lat.
--------------------------------------------------------------------------------------------------------------------------------------------------------
Sector Area Jan-Feb Mar-Apr May-Jun Jul-Aug Sept-Oct Nov-Dec
--------------------------------------------------------------------------------------------------------------------------------------------------------
Limited entry................ north of 36[deg] 2,400 lb (1089 kg)/week; not to exceed 4,800 lb (2,177 kg) bi-monthly.
N lat.
south of 36[deg] 2,500 lb (1,134 kg)/week.
N lat.
Open access.................. north of 36[deg] 2,000 lb (907 kg)/week; not to exceed 4,000 lb (1,814 kg) bi-monthly.
N lat.
south of 36[deg] 2,000 lb (907 kg)/week; not to exceed 4,000 lb (1,814 kg) bi-monthly.
N lat.
--------------------------------------------------------------------------------------------------------------------------------------------------------
LEFG and OA Trip Limits
The Council recommended, and NMFS is proposing, status quo trip
limits for LEFG and OA fisheries in 2023. The Council considered
changes to the quillback rockfish and copper rockfish trip limits off
California but reaffirmed the limits set through inseason action for
2022 (86 FR 72863; December 23, 2021). That action intended to reduce
mortality of quillback and copper rockfish by implementing sub-trip
limits of 75 lbs (34 kg) per 2 months within the 2,000 lbs (907 kg) per
2 months Minor Nearshore Rockfish limit for the areas between 42[deg]-
40[deg]10' N lat., and south of 40[deg]10' N lat. The Council could
recommend further adjustment to the sub-trip limits through additional
inseason action once more data on the current limits is collected and
the effects on mortality, particularly discard mortality, are better
understood. NMFS notes that allowing the continuation of fishery-
dependent data collection through minimal retention would be very
beneficial for future stock assessments. Additionally, further
reductions on quillback rockfish, an important species in the live fish
market, in the commercial Nearshore Fishery could destabilize the niche
fishery. More information on these trip limits can be found in the
Analysis.
Primary Sablefish Tier Limits
Some limited entry fixed gear permits are endorsed to receive
annual sablefish quota, or tier limits. Vessels registered with one,
two, or up to three of these permits may participate in the primary
sablefish fishery. The proposed tier limits are as follows: in 2023,
Tier 1 at 72,904 lb (33,069 kg), Tier 2 at 33,138 lb (15,031 kg), and
Tier 3 at 18,936 lb (8,589 kg). For 2024, Tier 1 at 66,805 lb (30,302
kg), Tier 2 at 30,366 lb (13,774 kg), and Tier 3 at 17,352 lb (7,871
kg).
G. Recreational Fisheries
This section describes the recreational fisheries management
measures proposed for 2023-24. The Council primarily recommends depth
restrictions and groundfish conservation areas to constrain catch
within the recreational harvest guidelines for each stock. Washington,
Oregon, and California each proposed, and the Council recommended,
different combinations of seasons, bag limits, area closures, and size
limits for stocks targeted in recreational fisheries. These measures
are designed to limit catch of overfished stocks found in the waters
adjacent to each state while allowing target fishing opportunities in
their particular recreational fisheries. The following sections
describe the recreational management measures proposed in each state.
Washington
The state of Washington manages its marine fisheries in four areas:
Marine Area 1 extends from the Oregon/Washington border to Leadbetter
Point; Marine Area 2 extends from Leadbetter Point to the mouth of the
Queets Rivers; Marine Area 3 extends from the Queets River to Cape
Alava; and Marine Area 4 extends from Cape Alava to the Sekiu River.
This proposed rule would adopt the following season structure in Table
18.
[[Page 62689]]
[GRAPHIC] [TIFF OMITTED] TP14OC22.073
The Washington recreational fishery would be open from the second
Saturday in March through the third Saturday in October. The aggregate
groundfish bag limits in waters adjacent to Washington would continue
to be nine fish in all areas with a sub-bag limit for cabezon (one per
day), rockfish (seven per day), lingcod (two per day). The flatfish
limit would continue to be five fish, and is not counted towards the
groundfish bag limit of nine but is in addition to it.
The retention of copper rockfish, quillback rockfish, and vermilion
rockfish during the months of May, June, and July would be prohibited.
As stated by the Washington Department of Fish and Wildlife (WDFW) in
its analysis for this proposal, these prohibitions for copper rockfish
and quillback rockfish are projected to keep mortality below the
species specific ACL contributions. For vermilion, the prohibition is
expected to lower mortality while maintaining some data flow needed for
stock assessments (Agenda Item F.6.a, WDFW Report 1, June 2022).
Consistent with the 2021-22 biennium, the Council recommended and
NMFS is proposing to continue to prohibit recreational fishing for
groundfish and Pacific halibut inside the North Coast Recreational
Yelloweye Rockfish Conservation Area (YRCA), a C-shaped closed area off
the northern Washington coast. The South Coast Recreational YRCA and
the Westport Offshore YRCA would remain open to recreational fishing
for the 2023-24 biennium. Coordinates for YRCAs are defined at Sec.
660.70.
Oregon
The Council recommend that Oregon recreational fisheries in 2023-24
would operate under an all months all depths season structure to start
the 2023 fishing year. The Council recommended maintaining the 2021-22
aggregate bag limits and size limits in Oregon recreational fisheries
for 2023-24. The proposed limits are: three lingcod per day, with a
minimum size of 22 in (56 cm); 25 flatfish per day, excluding Pacific
halibut; and a marine fish aggregate bag limit of 10 fish per day,
where cabezon have a minimum size of 16 in (41 cm). Oregon long-leader
gear fishing and ``all-depth'' Pacific halibut fishing would continue
to be allowed on the same trip. This rule proposes sablefish, Pacific
cod, and other flatfish species (sole, flounder, sanddab) may be
retained on ``all-depth'' halibut trips. This measure would provide
additional opportunity for anglers participating in the ``all depth''
halibut fishery and reduce potential regulatory discards. Based on the
Analysis, additional effort would not be expected (i.e., no new trips
occurring), because anglers would just have this additional opportunity
on trips they are already taking. Therefore, no additional impacts to
yelloweye rockfish, Chinook salmon, or coho salmon would be expected.
Oregon often adopts more restrictive measures in state rule. This
enables the ODFW to tighten or ease restrictions inseason based on
quota status and projected mortality. The Federal rules serve as a
backstop, while state rules can be adjusted more rapidly in response to
inseason circumstances, improving management responsiveness and the
ability to achieve conservation and opportunity objectives. For
example, ODFW anticipates continuing the prohibition on retaining
quillback rockfish in the recreational fishery (and all non-trawl
commercial fisheries) in 2023-24.
California
The Council manages recreational fisheries in waters seaward of
California in five separate management areas. Season and area closures
differ between California management areas to limit incidental catch of
overfished stocks and stocks of concern while providing as much
recreational fishing opportunity as possible. The Council's
[[Page 62690]]
recommended California season structure for 2023 and 2024 is a
substantial departure from 2021 and 2022. In order to reduce total
mortality of quillback rockfish and copper rockfish, each management
area would incur a reduction in fishing time in nearshore waters of 30
percent or more. This, in combination with the proposed novel
utilization of the RCA described in Section III.N, would create an
``offshore only fishery'' during certain months. Recreational fishing
for groundfish would continue to be prohibited in waters less than 100
fm (183 m) around Cordell Bank as described in Sec.
660.360(c)(3)(i)(C).
In the Northern Management Area (42[deg] N lat. to 40[deg]10' N
lat.), the fishery for California rockfish, cabezon, greenling complex
(RCG complex), as defined at Sec. 660.360(c)(3)(ii), and the fishery
for lingcod would be closed January 1 to May 14, open in all depths
from May 15 to October 15, and closed October 16 to December 31.
In the Mendocino Management Area (40[deg]10' N lat. to 38[deg]57.5'
N lat.), and the San Francisco Management Area (38[deg]57.5' N lat. to
37[deg]11' N lat.) the RCG complex fishery and the lingcod fishery
would be closed January 1 to May 14, open May 15 to July 15 seaward of
the 50 fm (91 m) RCA line, and open in all depths from July 16 to
December 31.
In the Central Management Area (37[deg]11' N lat. to 34[deg]27' N
lat.), the RCG complex fishery and the lingcod fishery would be closed
January 1 to April 30, open May 1 to September 30 in all depths, and
open October 1 to December 31 seaward of the 50 fm (91 m) RCA line.
In the Southern Management Area (34[deg]27' N lat. to U.S./Mexico
border), the RCG complex fishery and the lingcod fishery would be
closed January 1 to March 31, open April 1 to September 15 in all
depths, and open September 16 to December 31 seaward of the 50 fm (91
m) RCA line.
Table 19 shows the proposed season structure and depth limits by
management area in 2023 and 2024 for the RCG complex fishery and
lingcod fishery.
[GRAPHIC] [TIFF OMITTED] TP14OC22.074
In times and areas where an RCA is closed seaward of an RCA line
(i.e., when an ``off-shore only'' fishery is active in that management
area) the following would be prohibited: (1) possession or retention of
nearshore rockfish (defined as black rockfish, blue rockfish, black and
yellow rockfish, brown rockfish, China rockfish, copper rockfish,
calico rockfish, gopher rockfish, kelp rockfish, grass rockfish, olive
rockfish, quillback rockfish, and treefish), cabezon, and greenlings in
all depths of the Exclusive Economic Zone (EEZ) throughout the
management area; (2) possession and retention of all rockfish, cabezon,
greenlings, and lingcod would be prohibited shoreward of the RCA
boundary line within the EEZ, except that vessels may transit through
waters shoreward of the RCA line with no fishing gear in the water.
In all Management Areas, California scorpionfish, ``Other
Flatfish'' (as defined at Sec. 660.11), petrale sole and starry
flounder, leopard shark, and ``Other Federal Groundfish'' would be open
year-round at all depths. ``Other Federal groundfish'' as defined in
state regulations, (Section 28.49, Title 14, California Code of
Regulations) include soupfin shark, Dover sole, English sole,
arrowtooth flounder, spiny dogfish, skates, ratfish, grenadiers,
finescale codling, Pacific cod, Pacific whiting, sablefish and
thornyheads.
The Council recommended that size limits and bag limits would
remain the same as 2022 for all stocks. The Council also recommended
and NMFS is proposing to continue sub-bag limits of one quillback
rockfish, one copper rockfish, and four vermilion rockfish within the
10-fish RCG daily bag and possession limit.
Continuing the one-fish sub-bag limits for quillback and copper
rockfish would allow for fishery-dependent data
[[Page 62691]]
collection, specifically biological data. Maintaining the flow of this
data is very important for future stock assessments as data gaps would
add uncertainty in the results of future assessments. As described in
Section 11 of the Analysis, the Council analyzed quillback rockfish,
copper rockfish, and vermilion rockfish sub-bag limits ranging from 10
to 0 fish (i.e., no retention) within the 10-fish RCG bag limit.
California Department of Fish and Wildlife (CDFW) tracks groundfish
mortality inseason on a weekly and/or monthly basis to ensure that
mortality remains within allowable limits. Further changes to the sub-
bag limit or to prohibit retention may be recommended by the Council
inseason, as necessary, to limit mortality and achieve specifications.
In addition to the regulatory management measures to reduce
mortality of copper and quillback rockfish in 2022 (86 FR 72863;
December 23, 2021), the fishery industry has undertaken several
voluntary measures including dissemination of enhanced species
identification information, avoidance procedures, and no retention when
a biological sampler is not aboard. Per public testimony at the June
2022 Council meeting, the industry plans to continue these voluntary
measures in 2023 and 2024. NMFS expects these mandatory and voluntary
measures would substantially reduce mortality of quillback and copper
rockfish.
H. Exempted Fishing Permits
Issuing EFPs is authorized by regulations implementing the
Magnuson-Stevens Act at 50 CFR 600.745, which state that EFPs may be
used to authorize fishing activities that would otherwise be
prohibited.
At its June 2022 meeting, the Council recommended NMFS approve five
EFP applications for the 2023 fishing year and preliminarily approve
the EFP applications for the 2024 fishing year. The Council considered
these EFP applications concurrently with the 2023-2024 biennial harvest
specifications and management process because expected catch under most
EFP projects is included in the catch limits for groundfish stocks. All
of the EFP applications are renewals. Two EFP applications request to
test the use of natural bait while fishing inside the non-trawl
Rockfish Conservation Area (NT-RCA), which is proposed to be prohibited
as part of measures allowing non-trawl vessels to use select hook and
line gear configurations within the NT-RCA (see part J of this
section). One EFP application requests to test whether removing certain
gear, time, and area restrictions may impact the nature and extent of
bycatch of protected and prohibited species. The final two EFP
applications request to retain certain prohibited species in order to
collect fishery-dependent data for potential use in upcoming stock
assessments. A summary of each EFP application is provided below:
Groundfish EFP Proposal--Yellowtail Rockfish Jig Fishing
off California: Barbara Emley of the San Francisco Community Fishing
Association and private open access fisherman Daniel Platt submitted a
renewal application for research that has been conducted since 2013
(herein referred to as the ``Emley-Platt EFP''). From 2013-2022, this
EFP tested the efficacy of a commercial jig gear configured to target
underutilized, midwater yellowtail and shelf rockfish species while
avoiding the rebuilding, bottom-dwelling yelloweye rockfish inside the
NT-RCA. As part of this 2023-24 harvest specifications and management
measures action, the Council recommended, and NMFS proposed, this EFP
gear type be approved for legal use inside the NT-RCA (see part J of
this section). Therefore, if this rulemaking is implemented as
proposed, the associated exemptions from the prohibitions on fishing
and/or transiting inside the non-trawl RCA with non-trawl gear would no
longer be needed for this EFP project beginning in 2023. However, the
application contains a new request for 2023 and 2024, which is to test
the effect of using natural bait on the shrimp fly gear. Even if the
commercial jig gear is legalized for use inside the NT-RCA through this
action, there would still be a requirement to use artificial bait,
which has been used in the EFP project since 2013. Testing the use of
natural bait could gather data to inform the Council on changes to
catch composition while using natural bait compared to artificial bait.
If this proposed rule and EFP proposal are approved, this EFP project
would require exemptions from: (1) the prohibition on fishing with
natural bait inside the NT-RCA (see proposed regulation below at Sec.
660.330 (b)(3)(i)(D)); and (2) the open access trip limits in Table 3
(South) to part 660, subpart F (vessels that fish between 40[deg]10' N
lat. and 34[deg]27' have specified EFP catch limits). If this EFP gear
type is not approved for legal use inside the NT-RCA as proposed in
this rulemaking, then this EFP project would require additional
exemptions from: (1) the prohibition to fish inside the non-trawl RCA
with non-trawl gear (see Sec. 660.330(d)(12)(i)); (2) the prohibition
on transiting through the non-trawl RCA without non-trawl gear stowed
(see Sec. 660.330(d)(12)(ii)); and (3) the prohibition on retaining
and landing groundfish harvested from inside the non-trawl RCA with
non-trawl gear (see Sec. 660.330(d)(12)(iii)). In addition to the
request to use natural bait, the 2023-24 application also requests a
geographic expansion of the EFP to include additional area in northern
and southern California. If approved, NMFS would authorize up to 7
vessels to test the use of natural bait inside the non-trawl RCA off
the California coast--specifically between the Oregon/California border
(was previously limited to 40[deg]10' N lat.) and the U.S./Mexico
border (was previously limited to Point Conception, California), at
depths ranging from 35 to 150 fathoms (64 to 274 meters (m)). The EFP
Director did not request any additional EFP allocations for the
geographic expansion north of 40[deg]10' N lat.; those vessels would
fish under the open access trip limits in Table 3 (North) to part 660,
subpart F.
Groundfish EFP Proposal--Monterey Bay Regional EFP
Targeting Chilipepper Rockfish: Real Good Fish of Moss Landing,
California submitted a renewal application to continue research that
has been conducted since 2019. Similar to the Emley-Platt EFP, the
Council recommended this gear type be approved for legal use inside the
NT-RCA, but with the requirement to use artificial bait. Therefore,
this application also includes a request to test the use of natural
bait on the groundfish troll gear. If this proposed rule and EFP
proposal are approved, this EFP project would require exemptions from:
(1) the prohibition on fishing with natural bait inside the NT-RCA (see
proposed regulation below at Sec. 660.330 (b)(3)(ii)(E)); and (2) the
open access trip limits in Table 3 (South) to part 660, subpart F. If
this EFP gear type is not approved for legal use inside the NT-RCA as
proposed in this rulemaking, then this EFP project would require
additional exemptions from: (1) the prohibition to fish inside the non-
trawl RCA with non-trawl gear (see Sec. 660.330(d)(12)(i)); (2) the
prohibition on transiting through the non-trawl RCA without non-trawl
gear stowed (see Sec. 660.330(d)(12)(ii)); and (3) the prohibition on
retaining and landing groundfish harvested from inside the non-trawl
RCA with non-trawl gear (see Sec. 660.330(d)(12)(iii)). If approved,
NMFS would authorize up to 10 vessels to test the use of natural bait
inside the non-trawl RCA off the California coast--
[[Page 62692]]
specifically in areas with canyon edges and walls that have
historically produced high volumes of chilipepper rockfish catch and at
depths ranging from 40 to 150 fathoms (73 to 274 m).
Groundfish EFP Proposal--Year-round Coastwide Midwater
Rockfish EFP: Monitoring and Minimizing Salmon Bycatch When Targeting
Rockfish in the Shorebased IFQ Fishery, 2023-2024: West Coast Seafood
Processors, Oregon Trawl Commission, Midwater Trawlers Cooperative, and
the Environmental Defense Fund submitted a renewal application to
continue research that has been conducted since 2017; the multi-year
EFP project is collectively referred to as the ``Trawl Gear EFP.'' The
purpose of the EFP is for vessels participating in the West Coast
Groundfish Trawl Rationalization Program's Limited Entry Shorebased
Individual Fishing Quota (IFQ) Program to test whether removing certain
gear, time, and area restrictions may impact the nature and extent of
bycatch of protected and prohibited species (i.e., Chinook salmon,
coho, eulachon, and green sturgeon). The EFP project would require
exemptions for vessels fishing with bottom trawl groundfish gear from:
(1) the requirement to use selective flatfish trawl gear, and the
prohibition on using small footrope gear other than selective flatfish
trawl gear between 42[deg] and 40[deg]10' North latitude and shoreward
of the boundary line approximating the 100 fathom (fm) depth contour
(see Sec. 660.130(c)(2)(i) and (c)(2)(ii)); and (2) the requirement
that selective flatfish trawl must be a two-seamed net with no more
than two riblines, excluding the codend (see Sec.
660.130(b)(1)(ii)(A)). The EFP project would require exemptions for
vessels fishing with midwater trawl groundfish gear from: (1) the
prohibition on fishing outside the primary season dates for the Pacific
whiting IFQ fishery (see Sec. 660.112(b)(1)(x) and Sec.
660.130(c)(3)); and (2) the prohibition on fishing south of 40[deg]10'
N lat. shoreward of the boundary line approximating the 150 fm depth
contour (see Sec. 660.130(c)(3)(ii) and (c)(4)(ii)(B)). The EFP
project would require exemptions for vessels fishing with either
midwater or bottom trawl groundfish gear from: (1) the prohibition on
retaining certain prohibited species (see Sec. 660.12 (a)(1)); and (2)
the requirement to discard certain prohibited species at sea (see Sec.
660.140(g)(1)). If this EFP is approved, NMFS would set a bycatch limit
of 1,000 Chinook salmon north of 42[deg] N lat. and 100 Chinook salmon
south of 42[deg] N lat. for vessels declared into the EFP, regardless
of gear type. If either of these bycatch limits are reached, NMFS would
revoke the EFP for both gear types in the respective management area
(i.e., north or south of 42[deg] N lat.). Participating vessels would
also be required to retain all salmon (excluding salmon already sampled
by NMFS' West Coast Groundfish Observer Program) until offloading. If
approved, NMFS would authorize up to 60 vessels to participate in the
EFP.
Groundfish EFP Proposal--California Department of Fish and
Wildlife 2023-2024 EFP: The California Department of Fish and Wildlife
(CDFW) submitted a renewal application for research that has been
conducted since 2021. The purpose of the EFP project is to collect
fishery-dependent biological data for cowcod for inclusion in future
stock assessments. The EFP project would require an exemption from the
prohibition to retain cowcod in the California recreational fishery
(see Sec. 660.360(c)(3)). The EFP would also provide that any cowcod
taken and retained would not count against the recreational bag limit
for the aggregate of rockfish, cabezon, and greenlings. If approved,
NMFS would authorize up to 20 vessels that participate in the
California recreational fishery to retain cowcod and transfer the
cowcod to CDFW groundfish staff upon landing.
Groundfish EFP Proposal--Washington Department of Fish
Wildlife Enhanced Yelloweye Recreational Fishery Biological Sampling
EFP: The Washington Department of Fish and Wildlife (WDFW) submitted a
renewal application for research that has been conducted since 2021.
The purpose of the EFP project is to collect fishery-dependent
biological data for yelloweye rockfish for inclusion in future stock
assessments. The EFP project would require an exemption from the
prohibition to retain yelloweye rockfish in the Washington recreational
fishery (see Sec. 660.360(c)(1)(ii)). The EFP would also provide that
any yelloweye rockfish taken and retained would not count against the
recreational bag limit for rockfish. If approved, NMFS would authorize
up to 15 vessels that participate in the Washington recreational
fishery to retain yelloweye rockfish and transfer the yelloweye
rockfish to WDFW staff upon landing.
During the 2-year period of EFP activities from 2023 to 2024, all
vessels participating in the non-trawl RCA EFP projects (i.e., the
renewal applications submitted by Emley-Platt and Real Good Fish) would
adhere to EFP set-asides for targeted and incidental groundfish and
other species, which were considered and approved by the Council at
their June 2022 meeting. The one exception would be for Emley-Platt
vessels fishing north of 40[deg]10' N lat., which would fish pursuant
to open access trip limits in Table 3 (North) to part 660, subpart F,
as the EFP Director did not request additional EFP set-asides for this
area. These EFP set-asides are off-the-top deductions from the 2023-
2024 applicable ACLs, meaning any landings and discards that occur
under these EFPs would be accounted for within the applicable ACLs. EFP
set-asides would not be needed for the Trawl Gear EFP as landings and
discards of IFQ species would be accounted for through the
participating vessel's IFQ. Vessels participating in the non-trawl RCA
EFP projects and the Trawl Gear EFP would be required to have 100
percent observer coverage. All cowcod mortality under the CDFW EFP
project is expected to occur in conjunction with routine recreational
fishing activities and would be calculated as part of the normal
recreational catch estimation process. All yelloweye rockfish taken
under the WDFW EFP project would be counted against the Washington
recreational harvest guideline for yelloweye rockfish. NMFS would not
require 100 percent observer coverage for vessels participating in the
CDFW and WDFW EFP projects because recreational vessels do not meet the
minimum size requirements under Federal regulations to carry an
observer.
NMFS does not expect any impacts to the environment, essential fish
habitat, or protected or prohibited species from these EFPs beyond
those analyzed for the groundfish fishery as a whole in applicable
biological opinions (available at: https://www.fisheries.noaa.gov/species/west-coast-groundfish#management), the draft EA for the Pacific
Coast Groundfish Fishery 2023-2024 Harvest Specifications and
Management Measures (see ADDRESSES), or the EA for the 2018 Trawl Gear
EFP dated December 2017 (available at: https://www.fisheries.noaa.gov/region/west-coast).
After publication of this document in the Federal Register, NMFS
may approve and issue permits for the proposed EFP projects for the
2023 fishing year after the close of the public comment period. All
five EFP applications are available under ``Supporting and Related
Materials'' (see ADDRESSES). NMFS will consider comments submitted in
deciding whether to approve the applications as requested. NMFS may
approve the applications in their entirety or may make any alterations
needed to achieve the goals of the EFP projects. NMFS would not issue
another Federal
[[Page 62693]]
Register notice soliciting public comment on renewing these EFP
projects for 2024 unless: (1) the applicants modify and resubmit their
applications to NMFS; (2) changes to relevant fisheries regulations
warrant a revised set of exemptions authorized under the EFP projects;
or (3) NMFS' understanding of the current biological and economic
impacts from EFP fishing activities substantially changes.
I. Shortbelly Rockfish 2,000 mt 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 mt in a calendar year. This guidance was not formalized in the
PCGFMP as part of Amendment 29. Therefore, the Council recommended and
NMFS is proposing to 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. To estimate mortality and provide for
catch accounting, NMFS proposes a sorting requirement for shortbelly
rockfish in the LEFG and OA fisheries. For more information on this
measure, see the NOA for Amendment 30 and the Analysis.
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 (FMP 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.
J. Non-Bottom Contact Hook-and-Line Gear Allowance in the Non-Trawl
Rockfish Conservation Area
In order to provide additional opportunity to commercial non-trawl
fisheries to target healthy stocks, relieve pressure on overfished or
constraining nearshore stocks, and limit impacts to sensitive habitats,
the Council recommended, and NMFS proposes, allowing non-trawl vessels
to use select hook-and-line gear configurations within the NT-RCA which
were tested through EFPs as described above in Section III.H. The non-
trawl fisheries are distinguished by the types of gears permitted to be
used to harvest their catch. OA fisheries are allowed to use any ``open
access'' gear, including hook-and-line, pot, and troll gear. Limited
entry fixed gear (LEFG) vessels are restricted to using the gear
endorsed on their registered permit (longline or pot/trap) or are held
to the lower landing limits associated with the OA sector when using
alternative gears. Vessels participating in the shorebased IFQ sector
with fixed gear (i.e., gear switchers) are permitted to use any legal
groundfish gear. Participants in all three fisheries are prohibited
from fishing in the NT-RCA unless permitted (e.g., fishing for other
flatfish or through an EFP).
This proposed action would allow vessels in the directed open
access fishery targeting groundfish to operate inside the NT-RCA from
46[deg]16' N lat. to the U.S./Mexico border with non-bottom contact
hook-and-line gear only, subject to the specifications below.
Prohibited bottom contact hook-and-line gears would include bottom
longline, commercial vertical hook-and-line gear (anchored to the
bottom), and dinglebar gear. Vessels would need to declare their intent
to fish within the NT-RCA and their gear type prior to departure.
Vessels could fish inside and outside of the non-trawl RCA on the same
trip but could only carry one type of legal non-bottom contact hook-
and-line gear on-board the vessel when fishing occurs in the NT-RCA.
Vessels that typically fish in the LEFG or IFQ sector would be required
to declare into the OA fishery to utilize this proposed management
measure and would be subject to the lower OA trip limits.
The proposed action would include a new gear definition. Legal
``non-bottom contact hook-and-line gear'' would be defined as
stationary vertical jig gear attached to the vessel and not anchored to
the bottom, and groundfish troll gear. The following requirements would
apply to stationary vertical jig gear: (1) must be a minimum of 50 feet
between the bottom weight and the lowest fishing hook; (2) no more than
4 vertical mainlines may be used at one time with no more than 25 hooks
on each mainline, and; (3) no more than 100 hooks may be in the water
at one time, with no more than 25 extra hooks on board the vessel.
``Groundfish troll gear'' would be defined as a horizontally-suspended
monofilament mainline attached to a troll wire. The following
requirements would apply to groundfish troll gear: (1) must be a
minimum of 50 feet between the bottom weight and the troll wire's
connection to the horizontal mainline; (2) no more than 1 mainline may
be used at one time; and (3) no more than 500 hooks may be in the water
at one time, with no more than 25 extra hooks on board the vessel;
hooks must be spaced apart by a visible marker (e.g., floats, line
wraps, colored lines splices), with no more than 25 hooks between each
marker and no more than 20 markers on the mainline.
Under the proposed action both stationary vertical jig gear and
groundfish troll gear could be equipped with artificial lures and
flies. Natural bait or weighted hooks could not be used nor be on board
the vessel during the trip. This restriction is expected to mitigate
any potential additional seabird bycatch effects, as seabirds are known
to dive on baited hooks and potentially become entangled.
In order to fish inside the NT-RCA, vessels would be required to
declare into the directed open access fishery, and would not be
permitted to declare into any other fishery if fishing inside the NT-
RCA.
This proposed management measure may provide increased opportunity
for West Coast vessels to expand their portfolios, especially in light
of the proposed restrictions related to quillback and copper rockfishes
(see Section III.G), but it is likely that a limited group of vessels
will take advantage of this opportunity given its limitations. Effort
would likely be constrained by fuel prices, potential offshore travel
danger to ``sport-like''
[[Page 62694]]
OA vessels, and the Vessel Monitoring System (VMS) requirement. Given
the barriers to access the area, it is unlikely the non-trawl
allocations for midwater rockfish would be exceeded.
Based on the Analysis (Section 8) and data from the non-trawl EFPs
(i.e., Emley-Platt and Real Good Fish EFPs), the gear configurations
proposed have relatively low bycatch of groundfish species of concern
while being able to harvest healthy midwater rockfish. Under this
proposal, non-trawl attainments of healthy midwater rockfish species
would likely increase, while impacts to nearshore stocks of concern
including quillback and copper rockfish would be limited. Under this
proposed new gear and area flexibility, mortality of yelloweye rockfish
and cowcod could increase but is expected to remain within the proposed
harvest specifications. Additionally, because the gears are designed to
not contact the bottom, the proposed gear types have minimal impacts on
habitat.
K. LEFG Sablefish Primary Season Extension
This proposed action 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. This proposed action
would also extend the incidental halibut retention allowance provision
for the primary fishery north of Point Chehalis, Washington from
October 31 to the date/time specified by the International Pacific
Halibut Commission (IPHC) annually for the closure of commercial
fisheries coastwide, or until the quota is taken, whichever comes
first. After the specified date/time, any incidental halibut would need
to be discarded as a prohibited species. The proposed action would not
change any other aspects of the program (e.g., stacking privileges,
transferability).
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 (see Section III.F for
the proposed 2023 limits); 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 and so
may be required to cease fishing prior to October 31. These season
dates were put into regulation during the development and
implementation of the fishery under Amendment 14 to the PCFMP. 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.
As detailed in the Analysis, the additional two months proposed in
this measure would give primary tier vessels the flexibility to make
safer decisions and plan their season based on markets and weather with
the ultimate goal of increasing attainment and profitability. Habitat
and gear-related impacts resulting from this proposed measure would
likely be similar to those of an October 31st season end date, because
roughly the same number of fixed gear vessels are expected to
participate in the groundfish fishery as a whole. The overall amount of
permits in this sector is static; however, some permits are not used
every year, or vessels may stack permits, which ultimately reduces the
potential number of participants. This proposed measure could increase
the amount of time that humpback whales are likely to co-occur with the
primary tier fishery. However, the proposed measure would likely have
negligible additional impact on humpback whales compared to the 7-month
season because, (1) based on migration patterns the likelihood of
humpback whale aggregations interacting with fishing gear decreases
from October to December, (2) the majority of the effort during the
entire sablefish primary fishery season would continue to occur via
bottom longline gear and not pot gear, and (3) extending the season
would be unlikely to increase the overall amount of pot gear used
throughout the season due to restrictions on gear endorsements.
Vessels in the primary fishery north of Point Chehalis, Washington
using bottom longline gear are also allowed to retain incidentally
caught Pacific halibut up to a specific limit specified at 50 CFR
660.231(b)(3)(iv). Halibut are encountered regularly in the normal
operation of the sablefish primary fishery due to the co-occurrence of
halibut and sablefish in the same environments, and the design and
function of fixed gear. This retention is allowed until the sablefish
primary season ends and it contributes additional economic value to
this sector. The extended retention allowance proposed in this action
would ensure additional economic benefits and reduce regulatory
discards of commercially valuable incidental halibut.
The IPHC adopts a closure date for Pacific halibut in all
commercial fisheries, which the primary fishery is subject to, and
closure dates are typically set at mid- to late-November but was set at
December 7 in 2021 and 2022. The IPHC typically sets the season
[[Page 62695]]
closure date in late January of that year during its annual meeting.
Per 50 CFR 300.62, NMFS publishes the IPHC's regulations setting forth
annual management measures in the Federal Register by March 15 each
year. For example, NMFS published the 2022 annual management measures
governing the Pacific halibut fishery on March 7, 2022 (87 FR 12604).
Extending the incidental Pacific halibut allowance for the primary
tier fishery to the date annually specified by the IPHC would reduce
regulatory discards, provide more opportunity for an important
alternative income source, and result in minimal additional impacts to
Pacific halibut mortality.
L. Correction to the Definition of Block Area Closures
NMFS proposes a minor change to the PCGFMP to resolve a mismatch
between the FMP and current regulatory text. The salmon bycatch
minimization measures action (86 FR 10857; February 23, 2021)
established Block Area Closures (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
FMP that are consistent with Council intent described in the salmon
bycatch mitigation rulemaking document (86 FR 10857, February 23,
2021). The FMP 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. For more information on this measure, see
the NOA for Amendment 30 and the Analysis.
M. Annual Catch Targets for Quillback and Copper Rockfish
The 2021 stock assessments indicated that the portion of quillback
rockfish and copper rockfish off the coast of California are likely
experiencing localized depletion. An Annual Catch Target (ACT), as
defined at 50 CFR 660.11, is a management target set below the ACL to
account for management uncertainty. ACTs may be used as an
accountability measure to ensure against exceeding an ACL or accomplish
management objectives. As they are part of a stock complex, the ACL
contributions for copper rockfish and quillback rockfish are combined
with the ACL contributions from the other stocks in the complex to set
ACLs for the Nearshore Rockfish complexes north and south of 40[deg]10'
N lat. In setting specifications, the Council, for analytic purposes,
calculated three ACL contributions for quillback rockfish that
corresponded to state boundaries, which were combined and then
apportioned based on historical catch to determine the overall ACL
contribution for quillback rockfish to each Nearshore Rockfish complex
(see Section II.C).
The Council recommended, and NMFS proposes, setting ACTs for copper
rockfish and quillback rockfish. For copper rockfish, the ACT would be
set equal to its ACL contribution for the portion of the stock found
off of California and would be set at 91.54 mt in 2023, and 94.72 mt in
2024. For quillback rockfish, an ACT would be set for the portion of
the stock found off of California and would be set at 1.86 mt in 2023,
and 1.97 mt in 2024.
Given quillback and copper rockfish are managed in a stock complex,
the proposed ACTs would essentially formalize the ACL contributions for
management purposes. Setting the ACTs equal to the ACL contributions
would allow the Council to recommend necessary management measures
inseason when the ACL contribution is met or projected to be met.
Exceeding the ACL contribution for stocks in a complex would otherwise
typically not trigger a Council response or accountability measure. In
order to allow tracking of mortality against the ACT, this proposed
rule also includes sorting requirements for quillback and copper
rockfish.
CDFW closely monitors commercial and recreational landings of
quillback and copper rockfish and the Council would receive updates on
landings at each Council meeting. The management response to an overage
or projected overage would be highly situational. Therefore, as an
accountability measure, should the ACT be exceeded or projected to be
exceeded, the Council would consider routine inseason management
measures (e.g., bag limit reductions or depth restrictions) at regular
Council meetings.
N. Novel Utilization of Existing Rockfish Conservation Area Boundary
Lines
The Council recommended, and NMFS proposes, a novel utilization of
the previously established Rockfish Conservation Area (RCA) boundary
lines for the recreational fishery seaward of California (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. This proposed rule would 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.
Additionally, this novel use of the RCA would allow 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 (e.g., 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 seaward of
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 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
[[Page 62696]]
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. Short-term
and long-term impacts would likely occur as the sector adjusts to new
regulations and fishery operations. Loss of fishing vessels, captains
and crew leaving the industry and the potential closures of landings
and fishing tackle providers are possible. Innovations in fishing gears
or a shift in angler preference for target species could provide new
opportunities for anglers, businesses, and communities. These changes
could have positive long-term effects, but would not bring immediate
relief to communities that would be negatively impacted by fisheries
reductions related to quillback rockfish.
Changes to angler behavior are difficult to predict, but anglers
may choose to opt out of the groundfish fishery due to fuel costs and
other difficulties in reaching fishing grounds, safety concerns related
to fishing offshore, logistical constraints associated with smaller
vessels, such as vessel size and fuel capacity, and the physical effort
of reeling fish up from deeper depths. It is likely the increased
distance and travel time associated with offshore RCA lines would
reduce small vessel effort. Effort may shift to other state and
federally managed fisheries such as Pacific halibut, salmon, California
scorpionfish, highly migratory species, coastal pelagic species,
California sheephead, California halibut, striped bass, kelp bass, and
others as anglers search for other available fishing targets.
In a report (Agenda Item F.6.a, June 2022) to the Council, the
Groundfish Advisory Subpanel (GAP) noted that once shelf rockfish
species are aboard, it restricts fishermen's ability to fish inshore
waters. The GAP stated that mornings are when the outer waters are most
accessible due to weather patterns. During the afternoons, winds
generally make exposed deep waters unfishable and that is when inshore
access is most needed.
As described in Section III.G, in addition to the regulatory
management measures to reduce mortality of copper and quillback
rockfish in 2022 (and proposed for 2023-2024), the fishery industry has
untaken several voluntary measures including dissemination of enhanced
species identification information, avoidance procedures, and no
retention when a biological sampler is not aboard. It is expected that
these mandatory and voluntary measures will substantially reduce
mortality. If mortality is lower than expected through the regular
inseason monitoring and reporting, the Council and NMFS would consider
relieving restrictions during the biennium in order to reduce
socioeconomic impacts, while keeping mortality within the recommended
ACTs.
For more information on this measure, see the NOA for Amendment 30
and the Analysis.
O. Block Area Closures for Groundfish Mitigation
This proposed rule would make Block Area Closures (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 seaward of 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 FMP (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 proposed rule would not implement specific individual BACs.
BACs could not be used to close an area to any type of fishing other
than groundfish bottom or midwater trawling. This proposed rule would
allow NMFS to close or reopen BACs preseason (e.g., before the start of
the fishing year or before the start of the Pacific whiting fishery) or
inseason. The approach would be consistent with existing ``routine
inseason'' frameworks already in the FMP and regulations. Most trip,
bag, and size limits, and some Groundfish Conservation Area closures in
the groundfish fishery, including BRAs and BACs, have been designated
``routine'' management measures in the PCGFMP and in Sec. 660.60(c).
The Council can use routine management measures to rapidly implement or
modify these management measures through a single Council meeting
process. Inseason changes to routine management measures are announced
in the Federal Register pursuant to the requirements of the
Administrative Procedures Act. If good cause exists under the
Administrative Procedure Act to waive notice and comment, a single
Federal Register notice will announce routine inseason BACs approved by
NMFS.
When deciding whether to recommend BACs for NMFS to implement,
consistent with the PCGFMP, the Council will consider environmental
impacts, including economic impacts, and public comment via the Council
process. Depending on the circumstances, NMFS may close areas for a
defined period of time, for example, a few months or the remainder of
the fishing year, or maintain the closure for an indefinite period of
time, for example, until reopened by a subsequent action. NMFS may
close one or more BACs and the size of the BACs can vary. A Federal
Register notice will announce the geographic boundaries (described with
coordinates in codified regulations) of one or more BACs, the effective
dates, applicable gear/fishery restrictions, as well as the purpose and
rationale. NMFS would also disseminate this information on BACs through
public notices and posting on the West Coast Region website (see
ADDRESSES for electronic access information).
This action 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. BAC could be an important tool to manage a species
like Pacific spiny dogfish, which
[[Page 62697]]
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.
P. Corrections
This rule proposes minor corrections to the regulations at 50 CFR
600. These regulations are associated with Amendment 29 (85 FR 79880,
December 11, 2020), Amendment 21-4 to the PCGFMP (84 FR 68799, December
17, 2019), and the 2019-2020 biennial harvest specifications (83 FR
63970, December 12, 2018). These minor corrections are necessary to
reduce confusion and inconsistencies in the regulatory text and ensure
the regulations accurately implement the Council's intent.
The Council recommended and NMFS approved the designation of
shortbelly rockfish as an ecosystem component species through Amendment
29, as part of the 2021-2022 groundfish management measure process.
That rule erroneously did not update the definition of ``Ecosystem
component species'' at Sec. 660.11 to reflect that designation. This
rule proposes to include shortbelly rockfish in the list of species
designated as ecosystem component species at Sec. 660.11.
Additionally, Amendment 29 erroneously included shortbelly rockfish
trip limits for limited entry fixed gear and open access vessels. As an
ecosystem component species, shortbelly rockfish is not managed ``in
the fishery,'' and therefore should not be subject to trip limits. This
rule proposes to remove the shortbelly rockfish trip limit from Table 2
(North) and Table 2 (South) to Part 660, Subpart E, as well as Table 3
(North) and Table 3 (South) to Part 660, Subpart F.
The final rule for Amendment 29 made changes to the trawl/non-trawl
allocations established through Amendment 21 to the PCGFMP (75 FR
32993, June 10, 2010). That rule erroneously did not update Sec.
660.55(c)(1) Table 1 to reflect those changes. This rule proposes to
correct Sec. 660.55(c)(1) Table 1 by removing the allocations for
canary rockfish, as well as petrale sole, widow rockfish, lingcod south
of 40[deg]10' N lat., and the slope rockfish complex south of
40[deg]10' N lat.. Per Amendment 29, these allocations between the
trawl and non-trawl fisheries are determined through the biennial
harvest specifications process to better align these allocations with
current harvest trends. The Council's recommended and NMFS' proposed
allocations through the 2023-2024 specifications process are shown
Tables 1b and 2b in the proposed regulatory text for this proposed
rule.
Amendment 21-4 moved darkblotched rockfish, pacific ocean perch,
and widow rockfish from at-sea allocations to set-asides. That rule
erroneously did not update Sec. 660.140 to reflect those changes. This
rule proposes to amend Sec. 660.140 to remove these species from
paragraph (c)(3)(iii) and add them to paragraph (c)(3)(iv).
Amendment 29 removed the at-sea set-asides from Table 1d to Subpart
C of part 660. However, cross references indicating that the at-sea
set-asides are located at Table 1d to Subpart C remain, erroneously.
This rule proposes removing these cross references in Sec. 660.150 and
Sec. 660.160 and clarifying that the at-sea set-asides are described
in the biennial specifications.
The final rule for the 2019-2020 biennial harvest specifications
contained a revision to the depth boundary within which commercial
fixed gear and recreational gear are allowed to operate in the Western
Cowcod Conservation Area. Fishing was permitted shoreward of the 20
fathom (fm) (36.6 m) depth contour prior to the 2019-2020 biennial
harvest specifications final rule. The final rule revised the depth
boundary to allow fishing shoreward of the 40 fm (73 m) depth contour.
In the regulations for this change at Sec. 660.360(c)(3)(i)(B), NMFS
did not explicitly describe how the 40 fm (73 m) depth contour is
delineated, or cross reference the depth contour definition in existing
regulations. This rule proposes to correct these regulations to note
that a coordinate list describing the 40 fm (73 m) depth contour can be
found in Sec. 660.71.
IV. Classification
Pursuant to section 304 (b)(1)(A) of the Magnuson-Stevens Act, the
NMFS Assistant Administrator has determined that this proposed rule is
consistent with the PCGFMP, other provisions of the Magnuson-Stevens
Act, and other applicable law, subject to further consideration after
public comment. In making its final determination, NMFS will take into
account the complete record, including the data, views, and comments
received during the comment period.
Regulations governing the U.S. fisheries for Pacific halibut are
developed by the IPHC, the Pacific Fishery Management Council, the
North Pacific Fishery Management Council, and the Secretary of
Commerce. Section 5 of the Northern Pacific Halibut Act of 1982
(Halibut Act, 16 U.S.C. 773c) allows the Regional Council, having
authority for a particular geographical area, to develop regulations
governing the allocation and catch of halibut in U.S. Convention waters
as long as those regulations do not conflict with IPHC regulations. The
proposed action is consistent with the Council's authority to allocate
halibut catches among fishery participants in the waters in and off the
United States.
Pursuant to Executive Order 13175, this proposed rule was developed
after meaningful consultation and collaboration with tribal officials
from the area covered by the PCGFMP. Under the Magnuson-Stevens Act at
16 U.S.C. 1852(b)(5), one of the voting members of the Pacific Council
must be a representative of an Indian tribe with federally recognized
fishing rights from the area of the Council's jurisdiction. In
addition, regulations implementing the PCGFMP establish a procedure by
which the tribes with treaty fishing rights in the area covered by the
PCGFMP request new allocations or regulations specific to the tribes,
in writing, before the first of the two meetings at which the Council
considers groundfish management measures. The regulations at 50 CFR
660.50 further direct NMFS to develop tribal allocations and
regulations in consultation with the affected tribes. The tribal
management measures in this proposed rule have been developed following
these procedures. The tribal representative on the Council made a
motion to adopt the non-whiting tribal management measures, which was
passed by the Council. Those management measures, which were developed
and proposed by the tribes, are included in this proposed rule.
This proposed rule has been determined to be not significant for
purposes of Executive Order 12866.
NMFS prepared an analyses for this action, which address the
statutory requirements of the Magnuson-Stevens Act, Presidential
Executive Order 12866, and the Regulatory Flexibility Act. The full
suite of alternatives analyzed by the Council can be found on the
Council's website at www.pcouncil.org. NMFS addressed the statutory
requirements of the National Environmental Policy Act through
preparation of an EIS and an EA. NMFS prepared an EIS for the 2015-16
biennial harvest specifications and management measures and is
available from NMFS (see ADDRESSES). This EIS examined the harvest
specifications and
[[Page 62698]]
management measures for 2015-16 and 10-year projections for routinely
adjusted harvest specifications and management measures. The 10-year
projections evaluated the impacts of the ongoing implementation of
harvest specifications and management measures and to evaluate the
impacts of the routine adjustments that are the main component of each
biennial cycle. Therefore, the EA for the 2023-24 cycle tiers from the
2015-16 EIS and focuses on the harvest specifications and management
measures that were not within the scope of the 10-year projections in
the 2015-16 EIS. A copy of the draft EA is available from NMFS (see
ADDRESSES). This action also announces a public comment period on the
draft EA.
The Chief Counsel for Regulation of the Department of Commerce
certified to the Chief Counsel for Advocacy of the Small Business
Administration that this proposed rule, if adopted, would not have a
significant economic impact on a substantial number of small entities.
An estimated six businesses primarily engaged in seafood product
preparation and packaging and employing 750 or fewer persons may be
affected by this action. An estimated 629 commercial fishing businesses
with less than $11 million in annual gross receipts may be affected by
this action. An estimated 431 charter fishing boats may be affected by
this action, all of which are assumed to have annual receipts of less
than $7.5 million and therefore be considered small businesses. One
governmental jurisdiction, with a population of less than 50,000
persons and therefore considered small, may be affected by this action.
An estimated five not-for-profit organizations with combined annual
receipts of less than $7.5 million may be affected by this action. An
estimated eight small trust, estates, and agency accounts with annual
receipts of less than $32.5 million may be affected by this action. The
purpose of this proposed rule is to conserve Pacific Coast groundfish
stocks by preventing overfishing, while still allowing harvest
opportunity among the various fishery sectors. This will be
accomplished by implementing the 2023-2024 annual specifications in the
U.S. exclusive economic zone off the West Coast. The harvest
specifications affect large and small entities similarly, and for this
biennium, several of the catch limits are proposed to increase,
providing benefit to all participants. Additionally, this proposed rule
contains several of new management measures that are likely to benefit
vessels, specifically openings of previously closed fishing grounds. As
a result, an initial regulatory flexibility analysis is not required
and none has been prepared.
This proposed rule contains no new information collection burden
under the Paperwork Reduction Act of 1995. This action will require
non-trawl sector participants to declare into the open access fishery
and specify the non-bottom contact gear type to be used if fishing in
the non-trawl RCA. The collection of such information was previously
approved by the Office of Management and Budget (OMB) under OMB Control
Number 0648-0573.
List of Subjects in 50 CFR Part 660
Fisheries, Fishing, Reporting and recordkeeping requirements.
Dated: September 16, 2022.
Samuel D. Rauch, III,
Deputy Assistant Administrator for Regulatory Programs, National Marine
Fisheries Service.
For the reasons set out in the preamble, 50 CFR part 660 is
proposed to be 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. Amend Sec. 660.11 by:
0
a. Revising paragraph (1)(vi)(c) under the definition of ``Conservation
areas(s)'';
0
b. Revising paragraph (1) under the definition of ``Fishing gear'' and
adding a paragraph (12);
0
c. Revising paragraph (10) under the definition of ``Groundfish''.
The revisions read as follows:
Sec. 660.11 General definitions.
* * * * *
Conservation area(s) * * *
(1) * * *
(vi) * * *
(C) Recreational RCAs. Recreational RCAs are closed areas intended
to protect overfished rockfish species. In the EEZ seaward of
California, recreational RCAs are also intended to limit catch of non-
overfished groundfish species. Recreational RCAs may either have
boundaries defined by general depth contours or boundaries defined by
specific latitude and longitude coordinates approximating depth
contours. Boundaries for the recreational RCAs throughout the year are
provided in the text in subpart G of this part under each state
(Washington, Oregon and California) and may be modified by NMFS
inseason pursuant to Sec. 660.60(c).
* * * * *
Fishing gear includes the following types of gear and equipment:
(1) Bottom contact gear means fishing gear designed or modified to
make contact with the bottom. This includes, but is not limited to,
beam trawl, bottom trawl, dredge, fixed gear, set net, demersal seine,
dinglebar gear, and other gear (including experimental gear) designed
or modified to make contact with the bottom. Gear used to harvest
bottom dwelling organisms (e.g. by hand, rakes, and knives) are also
considered bottom contact gear for purposes of this subpart. Non-bottom
contact gear is defined in paragraph (12) of this definition.
* * * * *
(12) Non-bottom contact gear means fishing gear designed or
modified to not make contact with the bottom. This includes, but is not
limited to, commercial vertical hook-and-line gear not anchored to the
bottom (e.g., vertical jig gear or rod-and-reel gear with weights
suspended off the bottom) and troll gear.
* * * * *
Groundfish * * *
* * * * *
(10) ``Ecosystem component species'' means species that are
included in the PCGFMP but are not ``in the fishery'' and therefore not
actively managed and do not require harvest specifications. Ecosystem
component species are not targeted in any fishery, not generally
retained for sale or personal use, and are not determined to be subject
to overfishing, approaching an overfished condition, or overfished, nor
are they likely to become subject to overfishing or overfished in the
absence of conservation and management measures. Ecosystem component
species include: All skates listed here in paragraph (2), except
longnose skate and big skate; all grenadiers listed here in paragraph
(5); soupfin shark; ratfish; finescale codling; and shortbelly rockfish
as listed here in paragraph (7)(ii).
* * * * *
0
3. In Sec. 660.25, revise paragraphs (b)(4)(v)(C) and (b)(4)(vi)(D) to
read as follows:
Sec. 660.25 Permits.
* * * * *
(b) * * *
(4) * * *
(v) * * *
(C) Sablefish-endorsed permits. If a permit owner submits an
application to register a sablefish-endorsed limited
[[Page 62699]]
entry permit to a new permit owner or vessel owner during the primary
sablefish season described at Sec. 660.231 (generally April 1 through
December 31), the initial permit owner must certify on the application
form the cumulative quantity, in round weight, of primary season
sablefish landed against that permit as of the application signature
date for the then current primary season. The new permit owner or
vessel owner must sign the application form acknowledging the amount of
landings to date given by the initial permit owner. This certified
amount should match the total amount of primary season sablefish
landings reported on state landing receipts. As required at Sec.
660.12(b), any person landing sablefish must retain on board the vessel
from which sablefish is landed, and provide to an authorized officer
upon request, copies of any and all reports of sablefish landings from
the primary season containing all data, and in the exact manner,
required by the applicable state law throughout the primary sablefish
season during which a landing occurred and for 15 days thereafter.
* * * * *
(vi) * * *
(D) Sablefish-endorsed permits. If a permit owner submits an
application to register a sablefish-endorsed limited entry permit to a
new vessel during the primary sablefish season described at Sec.
660.231 (generally April 1 through December 31), the initial permit
owner must certify on the application form the cumulative quantity, in
round weight, of primary season sablefish landed against that permit as
of the application signature date for the then current primary season.
The new permit owner or vessel owner associated with the new vessel
must sign the application form acknowledging the amount of landings to
date given by the initial permit owner. This certified amount should
match the total amount of primary season sablefish landings reported on
state landing receipts. As required at Sec. 660.12(b), any person
landing sablefish must retain on board the vessel from which sablefish
is landed, and provide to an authorized officer upon request, copies of
any and all reports of sablefish landings from the primary season
containing all data, and in the exact manner, required by the
applicable state law throughout the primary sablefish season during
which a landing occurred and for 15 days thereafter.
* * * * *
0
4. In Sec. 660.50, revise paragraph (f)(2)(ii) to read as follows:
Sec. 660.50 Pacific Coast treaty Indian fisheries.
* * * * *
(f) * * *
(2) * * *
(ii) The Tribal allocation is 849 mt in 2023 and 778 mt in 2024 per
year. This allocation is, for each year, 10 percent of the Monterey
through Vancouver area (North of 36[deg] N lat.) ACL. The Tribal
allocation is reduced by 1.7 percent for estimated discard mortality.
* * * * *
0
5. In Sec. 660.55, revise Table 1 to paragraph (c)(1) to read as
follows:
Sec. 660.55 Allocations.
* * * * *
(c) * * *
(1) * * *
Table 1 to Paragraph (c)(1)--Allocation Amounts and Percentages for
Limited Entry Trawl and Non-Trawl Sectors Specified for FMP Groundfish
Stocks and Stock Complexes
------------------------------------------------------------------------
All non-treaty All non-treaty
Stock or complex LE trawl sectors non-trawl sectors
------------------------------------------------------------------------
Arrowtooth Flounder............... 95% 5%
Chilipepper Rockfish S of 75% 25%
40[deg]10' N lat.................
Darkblotched Rockfish............. 95% 5%
Dover Sole........................ 95% 5%
English Sole...................... 95% 5%
Lingcod N of 40[deg]10' N lat..... 45% 55%
Longspine Thornyhead N of 95% 5%
34[deg]27' N lat.................
Pacific Cod....................... 95% 5%
Pacific Ocean Perch............... 95% 5%
Sablefish S of 36[deg] N lat...... 42% 58%
Shortspine Thornyhead N of 95% 5%
34[deg]27' N lat.................
Shortspine Thornyhead S of 50 mt Remaining Yield
34[deg]27' N lat.................
Splitnose Rockfish S of 40[deg]10' 95% 5%
N lat............................
Starry Flounder................... 50% 50%
Yellowtail Rockfish N of 88% 12%
40[deg]10' N lat.................
Minor Slope Rockfish N rth of 81% 19%
40[deg]10' N lat.................
Other Flatfish.................... 90% 10%
------------------------------------------------------------------------
* * * * *
0
6. Amend Sec. 660.71 by:
0
a. Removing paragraphs (e)(193), (e)(277), and (r)(20);
0
b. Redesignating paragraphs (e)(194) through (276) as (e)(193) through
(275), (e)(278) through (336) as (e)(276) through (334), (o)(113)
through (218) as (o)(114) through (219), (q)(25) as (q)(26), and
(r)(21) through (r)(23) as (r)(20) through (r)(22);
0
c. Revising paragraphs (e)(144) and (e)(192); newly redesignated
paragraphs (e)(263), (e)(274), (e)(280), (e)(287), (e)(307), and
paragraphs (h)(13), (i)(1), (i)(9), (i)(14), (i)(20), (i)(34), (j)(27),
(j)(30), (j)(40)
0
d. Revising paragraphs (o)(95), (o)(97), (o)(112);
0
e. Adding new paragraphs (o)(113);
0
f. Revising newly redesignated paragraphs (o)(181), (o)(193), (0)(215),
and (o)(216) and paragraphs (q)(8), (q)(14), (q)(19), (q)(24);
0
g. Adding new paragraph (q)(25); and
0
h. Revising newly redesignated paragraphs (r)(8), (r)(15).
The additions and revisions read as follows:
Sec. 660.71 Latitude/longitude coordinates defining the 10-fm (18-m)
through 40-fm (73-m) depth contours.
* * * * *
(e) * * *
* * * * *
[[Page 62700]]
(144) 39[deg]16.88' N lat., 123[deg]49.29' W long.;
* * * * *
(192) 36[deg]33.20' N lat., 121[deg]57.50' W long.;
* * * * *
(263) 34[deg]06.13' N lat., 119[deg]15.26' W long.;
* * * * *
(274) 34[deg]04.66' N lat., 119[deg]04.51' W long.;
* * * * *
(280) 33[deg]59.78' N lat., 118[deg]47.26' W long.;
* * * * *
(287) 33[deg]50.29' N lat., 118[deg]24.58' W long.;
* * * * *
(307) 33[deg]35.26' N lat., 118[deg]02.55' W long.;
* * * * *
(h) * * *
* * * * *
(13) 33 [deg]56.75' N lat., 119[deg]49.13' W long.;
* * * * *
(i) * * *
* * * * *
(1) 33[deg]02.98' N lat., 118[deg]37.64' W long.;
* * * * *
(9) 32[deg]54.79' N lat., 118[deg]33.34' W long.;
* * * * *
(14) 32[deg]48.05' N lat., 118[deg]26.81' W long.;
* * * * *
(20) 32[deg]49.04' N lat., 118[deg]20.71' W long.;
* * * * *
(34) 33[deg]02.98' N lat., 118[deg]37.64' W long.;
* * * * *
(j) * * *
* * * * *
(27) 33[deg]28.77' N lat., 118[deg]32.95' W long.;
* * * * *
(30) 33[deg]27.58' N lat., 118[deg]29.51' W long.;
* * * * *
(40) 33[deg]20.21' N lat., 118[deg]18.50' W long.;
* * * * *
(o) * * *
* * * * *
(95) 40 [deg]22.41' N lat., 124[deg]24.19' W long.;
* * * * *
(97) 40[deg]18.71' N lat., 124[deg]22.63' W long.;
* * * * *
(112) 39[deg]22.63' N lat., 123[deg]51.03' W long.;
(113) 39[deg]11.86' N lat., 123[deg]48.83' W long.;
* * * * *
(181) 34[deg]08.23' N lat., 119[deg]13.21' W long.;
* * * * *
(193) 33[deg]49.87' N lat., 118[deg] 24.15' W long.;
* * * * *
(215) 32[deg]51.90' N lat., 117[deg]16.32' W long.;
(216) 32[deg]52.11' N lat., 117[deg]19.33' W long.;
* * * * *
(q) * * *
* * * * *
(8) 32[deg] 54.78' N lat., 118[deg]33.44' W long.;
* * * * *
(14) 32[deg]45.53' N lat., 118[deg]24.82' W long.;
* * * * *
(19) 32[deg]49.70' N lat., 118[deg]21.04' W long.;
* * * * *
(24) 33[deg]02.98' N lat., 118[deg]35.40' W long.;
(25) 33[deg]03.36' N lat., 118[deg]37.57' W long.; and
* * * * *
(r) * * *
* * * * *
(8) 33[deg]20.88' N lat., 118[deg]30.54' W long.;
* * * * *
(15) 33[deg]22.24' N lat., 118[deg]19.99' W long.;
* * * * *
0
7. Amend Sec. 660.72 by:
0
a. Revising paragraphs (a)(74) and (75), (a)(106) and (107), (a)(130),
(a)(132) and (133),
0
b. Redesignating paragraphs (a)(134) through (200) as (a)(135) through
(201);
0
c. Adding new paragraph (a)(134);
0
d. Revising paragraphs (a)(147) and (148), (a)(162), (a)(169),
(a)(171), (a)(173), (a)(174)
0
e. Revising paragraphs (c)(18), (c)(33), (d)(2) through (4), (f)(89),
(f)(96), (f)(129), (f)(143) and (144), (f)(146), (f)(155), (f)(159),
(f)(169), (f)(175) and (176), (f)(208), (g)(17), (h)(2), (h)(4) through
(6), (i)(6);
0
f. Removing paragraph (j)(140);
0
g. Redesignating paragraphs (j)(99) through (139) as (j)(100) through
(140);
0
h. Adding new paragraph (j)(99);
0
i. Revising newly redesignated paragraphs (j)(100), and (j)(109) and
paragraphs (j)(154), (j)(157), (j)(166), (j)(186) and (187), (j)(189)
and (190), (j)(206), (j)(208) through (210), (j)(215), (j)(220) through
(222), (j)(227), (k)(29), (l)(3), (m)(1), (m)(3) and (4), (m)(6),
(m)(15), and (m)(18).
The additions and revisions read as follows:
Sec. 660.72 Latitude/longitude coordinates defining the 50 fm (91 m)
through 75 fm (137 m) depth contours.
* * * * *
(a) * * *
* * * * *
(74) 40[deg]23.71' N lat., 124[deg]28.32' W long.;
(75) 40[deg]22.53' N lat., 124[deg]24.67' W long.;
* * * * *
(106) 37[deg]49.84' N lat., 123[deg]16.05' W long.;
(107) 37[deg]35.67' N lat., 122[deg]55.43' W long.;
* * * * *
(130) 36[deg]00.00' N lat., 121[deg]34.95' W long.;
* * * * *
(132) 35[deg]40.44' N lat., 121[deg] 22.43' W long.;
(133) 35[deg]27.11' N lat., 121[deg]03.55' W long.;
(134) 35[deg]14.91' N lat., 120[deg]56.67' W long.;
* * * * *
(147) 34[deg]07.83' N lat., 119[deg]13.48' W long.;
(148) 34[deg]07.71' N lat., 119[deg]13.29' W long.;
* * * * *
(162) 33[deg]51.33' N lat., 118[deg]36.00' W long.;
* * * * *
(169) 33[deg]48.25' N lat., 118[deg]26.97' W long.;
* * * * *
(171) 33[deg]44.11' N lat., 118[deg]25.23' W long.;
* * * * *
(173) 33[deg]38.16' N lat., 118[deg]15.65' W long.;
(174) 33[deg]37.47' N lat., 118[deg] 16.62' W long.;
* * * * *
(c) * * *
* * * * *
(18) 33[deg]58.76' N lat., 119[deg]32.27' W long.;
* * * * *
(33) 34[deg]02.47' N lat., 120[deg]30.00' W long.;
* * * * *
(d) * * *
* * * * *
(2) 33[deg]02.53' N lat., 118[deg]34.25' W long.;
(3) 32[deg]55.51' N lat., 118[deg]28.92' W long.;
(4) 32[deg]54.99' N lat., 118[deg]27.72' W long.;
* * * * *
(f) * * *
* * * * *
[[Page 62701]]
(89) 40[deg]34.26' N lat., 124[deg]29.52' W long.;
* * * * *
(96) 40[deg]21.58' N lat., 124[deg]24.87' W long.;
* * * * *
(129) 36[deg]51.42' N lat., 121[deg]57.62' W long.;
* * * * *
(143) 36[deg]10.30' N lat., 121[deg]43.00' W long.;
(144) 36[deg]02.54' N lat., 121[deg]36.43' W long.;
* * * * *
(146) 35[deg]58.21' N lat., 121[deg]32.88' W long.;
* * * * *
(155) 34[deg]23.05' N lat., 119[deg]56.25' W long.;
* * * * *
(159) 34[deg]03.80' N lat., 119[deg]12.70' W long.;
* * * * *
(169) 33[deg]55.20' N lat., 118[deg]33.18' W long.;
* * * * *
(175) 33[deg]49.93' N lat., 118[deg]26.36' W long.;
(176) 33[deg]50.68' N lat., 118[deg]26.15' W long.;
* * * * *
(208) 32[deg]43.03' N lat., 117[deg]20.43' W long.;
* * * * *
(g) * * *
* * * * *
(17) 33[deg]59.22' N lat., 119[deg]55.49' W long.;
* * * * *
(h) * * *
* * * * *
(2) 33[deg]02.56' N lat., 118[deg]34.19' W long.;
* * * * *
(4) 32[deg]55.01' N lat., 118[deg]27.70' W long.;
(5) 32[deg]49.77' N lat., 118[deg]20.92' W long.;
(6) 32[deg]48.38' N lat., 118[deg]20.02' W long.;
* * * * *
(i) * * *
* * * * *
(6) 33[deg]25.39' N lat., 118[deg]22.80' W long.;
* * * * *
(j) * * *
* * * * *
(99) 40[deg]39.40' N lat., 124[deg]28.90' W long.;
(100) 40[deg]36.96' N lat., 124[deg]28.02' W long.;
* * * * *
(109) 40[deg]21.65' N lat., 124[deg]24.89' W long.;
* * * * *
(154) 37[deg]04.49' N lat., 122[deg]38.50' W long.;
* * * * *
(157) 37[deg]01.16' N lat., 122[deg]24.50' W long.;
* * * * *
(166) 36[deg]49.80' N lat., 121[deg]57.93' W long.;
* * * * *
(186) 36[deg]10.35' N lat., 121[deg]43.03' W long.;
(187) 36[deg]02.50' N lat., 121[deg]36.47' W long.;
* * * * *
(189) 36[deg]00.00' N lat., 121[deg]35.32' W long.;
(190) 35[deg]58.20' N lat., 121[deg]32.97' W long.;
* * * * *
(206) 34[deg]03.70' N lat., 119[deg]12.77' W long.;
* * * * *
(208) 34[deg]04.44' N lat., 119[deg]04.90' W long.;
(209) 34[deg]02.94' N lat., 119[deg]02.89' W long.;
(210) 34[deg]01.30' N lat., 119[deg]00.48' W long.;
* * * * *
(215) 33[deg]58.99' N lat., 118[deg]47.33' W long.;
* * * * *
(220) 33[deg]49.85' N lat., 118[deg]32.31' W long.;
(221) 33[deg]49.61' N lat., 118[deg]28.07' W long.;
(222) 33[deg]49.77' N lat., 118[deg]26.34' W long.;
* * * * *
(227) 33[deg]44.07' N lat., 118[deg]25.28' W long.;
* * * * *
(k) * * *
* * * * *
(29) 33[deg]51.69' N lat., 120[deg]07.98' W long.;
* * * * *
(l) * * *
* * * * *
(3) 32[deg]55.57' N lat., 118[deg]28.84' W long.;
* * * * *
(m) * * *
(1) 33[deg]28.13' N lat., 118[deg]38.25' W long.;
* * * * *
(3) 33[deg]28.94' N lat., 118[deg]30.81' W long.;
(4) 33[deg]26.73' N lat., 118[deg]27.35' W long.;
* * * * *
(6) 33[deg]25.42' N lat., 118[deg]22.76' W long.;
* * * * *
(15) 33[deg]24.94' N lat., 118[deg]32.29' W long.;
* * * * *
(18) 33[deg]28.13' N lat., 118[deg]38.25' W long.;
* * * * *
0
8. Amend Sec. 660.73 by:
0
a. Revising paragraphs (a)(159) through (322);
0
b. Adding new paragraphs (a)(323) through (329);
0
c. Revising paragraphs (d)(10), (e)(188) and (189), (e)(264), (e)(272),
(e)(274) through (276), (e)(284) through (286), (e)(290), (e)(318)
through (323), (e)(350) through (363);
0
d. Adding new paragraphs (e)(364) through (371); and
0
e. Revising paragraphs (f), (g)(12) and (13), (h) and (l).
The additions and revisions read as follows:
Sec. 660.73 Latitude/longitude coordinates defining the 100 fm (183
m) through 150 fm (274 m) depth contours.
* * * * *
(a) * * *
(159) 40[deg]39.44' N lat., 124[deg]29.08' W long.;
(160) 40[deg]37.08' N lat., 124[deg]28.29' W long.;
(161) 40[deg]34.76' N lat., 124[deg]29.82' W long.;
(162) 40[deg]36.78' N lat., 124[deg]37.06' W long.;
(163) 40[deg]32.44' N lat., 124[deg]39.58' W long.;
(164) 40[deg]30.37' N lat., 124[deg]37.30' W long.;
(165) 40[deg]28.48' N lat., 124[deg]36.95' W long.;
(166) 40[deg]24.82' N lat., 124[deg]35.12' W long.;
(167) 40[deg]23.30' N lat., 124[deg]31.60' W long.;
(168) 40[deg]23.52' N lat., 124[deg]28.78' W long.;
(169) 40[deg]22.43' N lat., 124[deg]25.00' W long.;
(170) 40[deg]21.72' N lat., 124[deg]24.94' W long.;
(171) 40[deg]21.87' N lat., 124[deg]27.96' W long.;
(172) 40[deg]21.40' N lat., 124[deg]28.74' W long.;
(173) 40[deg]19.68' N lat., 124[deg]28.49' W long.;
(174) 40[deg]17.73' N lat., 124[deg]25.43' W long.;
(175) 40[deg]18.37' N lat., 124[deg]23.35' W long.;
(176) 40[deg]15.75' N lat., 124[deg]26.05' W long.;
(177) 40[deg]16.75' N lat., 124[deg]33.71' W long.;
(178) 40[deg]16.29' N lat., 124[deg]34.36' W long.;
(179) 40[deg]10.13' N lat., 124[deg]21.92' W long.;
(180) 40[deg]07.70' N lat., 124[deg]18.44' W long.;
[[Page 62702]]
(181) 40[deg]08.84' N lat., 124[deg]15.86' W long.;
(182) 40[deg]06.39' N lat., 124[deg]17.26' W long.;
(183) 40[deg]03.15' N lat., 124[deg]14.43' W long.;
(184) 40[deg]02.19' N lat., 124[deg]12.85' W long.;
(185) 40[deg]02.89' N lat., 124[deg]11.78' W long.;
(186) 40[deg]02.78' N lat., 124[deg]10.70' W long.;
(187) 40[deg]04.57' N lat., 124[deg]10.08' W long.;
(188) 40[deg]06.06' N lat., 124[deg]08.30' W long.;
(189) 40[deg]04.05' N lat., 124[deg]08.93' W long.;
(190) 40[deg]01.17' N lat., 124[deg]08.80' W long.;
(191) 40[deg]01.00' N lat., 124[deg]09.96' W long.;
(192) 39[deg]58.07' N lat., 124[deg]11.81' W long.;
(193) 39[deg]56.39' N lat., 124[deg]08.69' W long.;
(194) 39[deg]54.64' N lat., 124[deg]07.30' W long.;
(195) 39[deg]53.86' N lat., 124[deg]07.95' W long.;
(196) 39[deg]51.95' N lat., 124[deg]07.63' W long.;
(197) 39[deg]48.78' N lat., 124[deg]03.29' W long.;
(198) 39[deg]47.36' N lat., 124[deg]03.31' W long.;
(199) 39[deg]40.08' N lat., 123[deg]58.37' W long.;
(200) 39[deg]36.16' N lat., 123[deg]56.90' W long.;
(201) 39[deg]30.75' N lat., 123[deg]55.86' W long.;
(202) 39[deg]31.62' N lat., 123[deg]57.33' W long.;
(203) 39[deg]30.91' N lat., 123[deg]57.88' W long.;
(204) 39[deg]01.79' N lat., 123[deg]56.59' W long.;
(205) 38[deg]59.42' N lat., 123[deg]55.67' W long.;
(206) 38[deg]58.89' N lat., 123[deg]56.28' W long.;
(207) 38[deg]57.50' N lat., 123[deg]56.28' W long.;
(208) 38[deg]54.72' N lat., 123[deg]55.68' W long.;
(209) 38[deg]48.95' N lat., 123[deg]51.85' W long.;
(210) 38[deg]36.67' N lat., 123[deg]40.20' W long.;
(211) 38[deg]33.82' N lat., 123[deg]39.23' W long.;
(212) 38[deg]29.02' N lat., 123[deg]33.52' W long.;
(213) 38[deg]18.88' N lat., 123[deg]25.93' W long.;
(214) 38[deg]14.12' N lat., 123[deg]23.26' W long.;
(215) 38[deg]11.07' N lat., 123[deg]22.07' W long.;
(216) 38[deg]03.18' N lat., 123[deg]20.77' W long.;
(217) 38[deg]00.00' N lat., 123[deg]23.08' W long.;
(218) 37[deg]55.07' N lat., 123[deg]26.81' W long.;
(219) 37[deg]50.66' N lat., 123[deg]23.06' W long.;
(220) 37[deg]45.18' N lat., 123[deg]11.88' W long.;
(221) 37[deg]35.67' N lat., 123[deg]01.20' W long.;
(222) 37[deg]26.81' N lat., 122[deg]55.57' W long.;
(223) 37[deg]26.78' N lat., 122[deg]53.91' W long.;
(224) 37[deg]25.74' N lat., 122[deg]54.13' W long.;
(225) 37[deg]25.33' N lat., 122[deg]53.59' W long.;
(226) 37[deg]25.29' N lat., 122[deg]52.57' W long.;
(227) 37[deg]24.50' N lat., 122[deg]52.09' W long.;
(228) 37[deg]23.25' N lat., 122[deg]53.12' W long.;
(229) 37[deg]15.58' N lat., 122[deg]48.36' W long.;
(230) 37[deg]11.00' N lat., 122[deg]44.50' W long.;
(231) 37[deg]07.00' N lat., 122[deg]41.25' W long.;
(232) 37[deg]03.18' N lat., 122[deg]38.15' W long.;
(233) 37[deg]00.48' N lat., 122[deg]33.93' W long.;
(234) 36[deg]58.70' N lat., 122[deg]27.22' W long.;
(235) 37[deg]00.85' N lat., 122[deg]24.70' W long.;
(236) 36[deg]58.00' N lat., 122[deg]24.14' W long.;
(237) 36[deg]58.74' N lat., 122[deg]21.51' W long.;
(238) 36[deg]56.97' N lat., 122[deg]21.32' W long.;
(239) 36[deg]51.52' N lat., 122[deg]10.68' W long.;
(240) 36[deg]48.39' N lat., 122[deg]07.60' W long.;
(241) 36[deg]47.43' N lat., 122[deg]03.22' W long.;
(242) 36[deg]50.95' N lat., 121[deg]58.03' W long.;
(243) 36[deg]49.92' N lat., 121[deg]58.01' W long.;
(244) 36[deg]48.86' N lat., 121[deg]58.80' W long.;
(245) 36[deg]47.76' N lat., 121[deg]58.68' W long.;
(246) 36[deg]48.39' N lat., 121[deg]51.10' W long.;
(247) 36[deg]45.74' N lat., 121[deg]54.17' W long.;
(248) 36[deg]45.51' N lat., 121[deg]57.72' W long.;
(249) 36[deg]38.84' N lat., 122[deg]01.32' W long.;
(250) 36[deg]35.62' N lat., 122[deg]00.98' W long.;
(251) 36[deg]32.46' N lat., 121[deg]59.15' W long.;
(252) 36[deg]32.79' N lat., 121[deg]57.67' W long.;
(253) 36[deg]31.98' N lat., 121[deg]56.55' W long.;
(254) 36[deg]31.79' N lat., 121[deg]58.40' W long.;
(255) 36[deg]30.73' N lat., 121[deg]59.70' W long.;
(256) 36[deg]30.31' N lat., 122[deg]00.22' W long.;
(257) 36[deg]29.35' N lat., 122[deg]00.28' W long.;
(258) 36[deg]27.66' N lat., 121[deg]59.80' W long.;
(259) 36[deg]26.22' N lat., 121[deg]58.35' W long.;
(260) 36[deg]21.20' N lat., 122[deg]00.72' W long.;
(261) 36[deg]20.47' N lat., 122[deg]02.92' W long.;
(262) 36[deg]18.46' N lat., 122[deg]04.51' W long.;
(263) 36[deg]15.92' N lat., 122[deg]01.33' W long.;
(264) 36[deg]13.81' N lat., 121[deg]57.40' W long.;
(265) 36[deg]14.43' N lat., 121[deg]55.43' W long.;
(266) 36[deg]10.24' N lat., 121[deg]43.08' W long.;
(267) 36[deg]07.66' N lat., 121[deg]40.91' W long.;
(268) 36[deg]02.49' N lat., 121[deg]36.51' W long.;
(269) 36[deg]01.08' N lat., 121[deg]36.63' W long.;
(270) 36[deg]00.00' N lat., 121[deg]35.41' W long.;
(271) 35[deg]57.84' N lat., 121[deg]32.81' W long.;
(272) 35[deg]50.36' N lat., 121[deg]29.32' W long.;
(273) 35[deg]39.03' N lat., 121[deg]22.86' W long.;
(274) 35[deg]24.27' N lat., 121[deg]02.74' W long.;
(275) 35[deg]16.53' N lat., 121[deg]00.39' W long.;
(276) 35[deg]04.82' N lat., 120[deg]53.96' W long.;
(277) 34[deg]52.51' N lat., 120[deg]51.62' W long.;
(278) 34[deg]43.36' N lat., 120[deg]52.12' W long.;
(279) 34[deg]38.06' N lat., 120[deg]49.65' W long.;
(280) 34[deg]30.85' N lat., 120[deg]44.76' W long.;
(281) 34[deg]27.00' N lat., 120[deg]39.00' W long.;
(282) 34[deg]21.90' N lat., 120[deg]25.25' W long.;
(283) 34[deg]24.86' N lat., 120[deg]16.81' W long.;
(284) 34[deg]22.80' N lat., 119[deg]57.06' W long.;
(285) 34[deg]18.59' N lat., 119[deg]44.84' W long.;
[[Page 62703]]
(286) 34[deg]15.04' N lat., 119[deg]40.34' W long.;
(287) 34[deg]14.40' N lat., 119[deg]45.39' W long.;
(288) 34[deg]12.32' N lat., 119[deg]42.41' W long.;
(289) 34[deg]09.71' N lat., 119[deg]28.85' W long.;
(290) 34[deg]04.70' N lat., 119[deg]15.38' W long.;
(291) 34[deg]03.33' N lat., 119[deg]12.93' W long.;
(292) 34[deg]02.72' N lat., 119[deg]07.01' W long.;
(293) 34[deg]03.90' N lat., 119[deg]04.64' W long.;
(294) 34[deg]02.75' N lat., 119[deg]02.88' W long.;
(295) 33[deg]59.44' N lat., 119[deg]03.43' W long.;
(296) 33[deg]59.12' N lat., 118[deg]59.59' W long.;
(297) 33[deg]59.84' N lat., 118[deg]57.29' W long.;
(298) 33[deg]58.83' N lat., 118[deg]46.69' W long.;
(299) 33[deg]58.73' N lat., 118[deg]41.76' W long.;
(300) 33[deg]55.09' N lat., 118[deg]34.11' W long.;
(301) 33[deg]54.09' N lat., 118[deg]38.42' W long.;
(302) 33[deg]51.00' N lat., 118[deg]36.66' W long.;
(303) 33[deg]49.06' N lat., 118[deg]31.86' W long.;
(304) 33[deg]49.69' N lat., 118[deg]26.49' W long.;
(305) 33[deg]49.35' N lat., 118[deg]26.04' W long.;
(306) 33[deg]47.60' N lat., 118[deg]31.13' W long.;
(307) 33[deg]39.82' N lat., 118[deg]18.31' W long.;
(308) 33[deg]35.68' N lat., 118[deg]16.81' W long.;
(309) 33[deg]32.85' N lat., 118[deg]09.41' W long.;
(310) 33[deg]35.14' N lat., 118[deg]04.95' W long.;
(311) 33[deg]33.56' N lat., 118[deg]00.63' W long.;
(312) 33[deg]34.25' N lat., 117[deg]53.44' W long.;
(313) 33[deg]31.65' N lat., 117[deg]49.21' W long.;
(314) 33[deg]16.07' N lat., 117[deg]34.74' W long.;
(315) 33[deg]07.06' N lat., 117[deg]22.71' W long.;
(316) 33[deg]02.81' N lat., 117[deg]21.17' W long.;
(317) 33[deg]01.76' N lat., 117[deg]20.51' W long.;
(318) 32[deg]59.90' N lat., 117[deg]19.38' W long.;
(319) 32[deg]57.29' N lat., 117[deg]18.94' W long.;
(320) 32[deg]56.15' N lat., 117[deg]19.54' W long.;
(321) 32[deg]55.30' N lat., 117[deg]19.38' W long.;
(322) 32[deg]54.27' N lat., 117[deg]17.17' W long.;
(323) 32[deg]52.94' N lat., 117[deg]17.11' W long.;
(324) 32[deg]52.66' N lat., 117[deg]19.67' W long.;
(325) 32[deg]50.95' N lat., 117[deg]21.17' W long.;
(326) 32[deg]47.11' N lat., 117[deg]22.98' W long.;
(327) 32[deg]45.60' N lat., 117[deg]22.64' W long.;
(328) 32[deg]42.79' N lat., 117[deg]21.16' W long.; and
(329) 32[deg]34.22' N lat., 117[deg]21.20' W long.
* * * * *
(d) * * *
* * * * *
(10) 34[deg]02.97' N lat., 119[deg]16.89' W long.;
* * * * *
(e) * * *
* * * * *
(188) 40[deg]22.32' N lat., 124[deg]25.15' W long.;
(189) 40[deg]21.85' N lat., 124[deg]25.09' W long.;
* * * * *
(264) 36[deg]51.44' N lat., 122[deg]10.79' W long.;
* * * * *
(272) 36[deg]45.52' N lat., 121[deg]57.74' W long.;
* * * * *
(274) 36[deg]38.84' N lat., 122[deg]01.44' W long.;
(275) 36[deg]35.62' N lat., 122[deg]01.06' W long.;
(276) 36[deg]32.41' N lat., 121[deg]59.18' W long.;
* * * * *
(284) 36[deg]13.66' N lat., 121[deg]57.17' W long.;
(285) 36[deg]14.35' N lat., 121[deg]55.38' W long.;
(286) 36[deg]10.18' N lat., 121[deg]43.26' W long.;
* * * * *
(290) 35[deg]59.96' N lat., 121[deg]35.39' W long.;
* * * * *
(318) 34[deg]07.06' N lat., 120[deg]10.42' W long.;
(319) 34[deg]08.93' N lat., 120[deg]18.34' W long.;
(320) 34[deg]11.04' N lat., 120[deg]25.20' W long.;
(321) 34[deg]13.01' N lat., 120[deg]29.29' W long.;
(322) 34[deg]09.41' N lat., 120[deg]37.69' W long.;
(323) 34[deg]03.20' N lat., 120[deg]34.52' W long.;
* * * * *
(350) 33[deg]48.70' N lat., 118[deg]31.99' W long.;
(351) 33[deg]48.87' N lat., 118[deg]29.47' W long.;
(352) 33[deg]48.37' N lat., 118[deg]29.40' W long.;
(353) 33[deg]47.63' N lat., 118[deg]31.57' W long.;
(354) 33[deg]39.78' N lat., 118[deg]18.40' W long.;
(355) 33[deg]35.50' N lat., 118[deg]16.85' W long.;
(356) 33[deg]32.46' N lat., 118[deg]10.90' W long.;
(357) 33[deg]32.81' N lat., 118[deg]07.30' W long.;
(358) 33[deg]34.38' N lat., 118[deg]05.94' W long.;
(359) 33[deg]34.42' N lat., 118[deg]03.95' W long.;
(360) 33[deg]33.40' N lat., 118[deg]01.26' W long.;
(361) 33[deg]34.11' N lat., 117[deg]54.07' W long.;
(362) 33[deg]31.61' N lat., 117[deg]49.30' W long.;
(363) 33[deg]16.36' N lat., 117[deg]35.48' W long.;
(364) 33[deg]06.81' N lat., 117[deg]22.93' W long.;
(365) 32[deg]59.28' N lat., 117[deg]19.69' W long.;
(366) 32[deg]55.37' N lat., 117[deg]19.55' W long.;
(367) 32[deg]53.12' N lat., 117[deg]17.49' W long.;
(368) 32[deg]52.56' N lat., 117[deg]20.75' W long.;
(369) 32[deg]46.42' N lat., 117[deg]23.45' W long.;
(370) 32[deg]42.71' N lat., 117[deg]21.45' W long.; and
(371) 32[deg]34.54' N lat., 117[deg]23.04' W long.
* * * * *
(f) The 125 fm (229 m) depth contour around San Clemente Island off
the state of California is defined by straight lines connecting all of
the following points in the order stated:
(1) 33[deg]04.86' N lat., 118[deg]37.89' W long.;
(2) 33[deg]02.67' N lat., 118[deg]34.07' W long.;
(3) 32[deg]55.97' N lat., 118[deg]28.95' W long.;
(4) 32[deg]55.06' N lat., 118[deg]27.66' W long.;
(5) 32[deg]49.79' N lat., 118[deg]20.84' W long.;
(6) 32[deg]48.02' N lat., 118[deg]19.49' W long.;
(7) 32[deg]47.37' N lat., 118[deg]21.72' W long.;
(8) 32[deg]43.58' N lat., 118[deg]24.54' W long.;
(9) 32[deg]47.74' N lat., 118[deg]30.39' W long.;
[[Page 62704]]
(10) 32[deg]49.74' N lat., 118[deg]32.11' W long.;
(11) 32 [deg]53.36' N lat., 118[deg]33.44' W long.;
(12) 32 [deg]54.89' N lat., 118[deg]35.37' W long.;
(13) 33 [deg]00.20' N lat., 118[deg]38.72' W long.;
(14) 33 [deg]03.15' N lat., 118[deg]39.80' W long.; and
(15) 33 [deg]04.86' N lat., 118[deg]37.89' W long.;
* * * * *
(g) * * *
* * * * *
(12) 33[deg]19.85' N lat., 118[deg]32.25' W long.;
(13) 33[deg]20.82' N lat., 118[deg]32.98' W long.;
* * * * *
(h) The 125 fm (229 m) depth contour around Lasuen Knoll off the
state of California is defined by straight lines connecting all of the
following points in the order stated:
(1) 33[deg]24.50' N lat., 118[deg]01.08' W long.;
(2) 33[deg]23.35' N lat., 117[deg]59.83' W long.;
(3) 33[deg]23.69' N lat., 117[deg]58.47' W long.;
(4) 33[deg]24.76' N lat., 117[deg]59.33' W long.; and
(5) 33[deg]24.50' N lat., 118[deg]01.08' W long.
* * * * *
(l) The 150 fm (274 m) depth contour used around Lasuen Knoll off
the state of California is defined by straight lines connecting all of
the following points in the order stated:
(1) 33[deg]25.07' N lat., 117[deg]59.26' W long.;
(2) 33[deg]23.69' N lat., 117[deg]58.13' W long.;
(3) 33[deg]23.18' N lat., 117[deg]59.87' W long.;
(4) 33[deg]24.61' N lat., 118[deg]01.31' W long.; and
(5) 33[deg]25.07' N lat., 117[deg]59.26' W long.
* * * * *
0
9. In Sec. 660.74, revise paragraphs (d), (j), and (p)(3) through (7)
to read as follows:
Sec. 660.74 Latitude/longitude coordinates defining the 180 fm (329
m) through 250 fm (457 m) depth contours.
* * * * *
(d) The 180 fm (329 m) depth contour used around Lasuen Knoll off
the state of California is defined by straight lines connecting all of
the following points in the order stated:
(1) 33[deg]25.05' N lat., 118[deg]01.70' W long.;
(2) 33[deg]25.41' N lat., 117[deg]59.36' W long.;
(3) 33[deg]23.49' N lat., 117[deg]57.47' W long.;
(4) 33[deg]23.02' N lat., 117[deg]59.78' W long.;
(5) 33[deg]23.85' N lat., 118[deg]00.88' W long.; and
(6) 33[deg]25.05' N lat., 118[deg]01.70' W long.
* * * * *
(j) The 200 fm (366 m) depth contour used around Lasuen Knoll off
the state of California is defined by straight lines connecting all of
the following points in the order stated:
(1) 33[deg]25.91' N lat., 117[deg]59.44' W long.;
(2) 33[deg]23.37' N lat., 117[deg]56.97' W long.;
(3) 33[deg]22.88' N lat., 117[deg]59.72' W long.;
(4) 33[deg]23.85' N lat., 118[deg]01.03' W long.;
(5) 33[deg]25.20' N lat., 118[deg]01.89' W long.; and
(6) 33[deg]25.91' N lat., 117[deg]59.44' W long.
* * * * *
(p) * * *
* * * * *
(3) 33[deg]23.83' N lat., 117[deg]56.19' W long.;
(4) 33[deg]22.24' N lat., 117[deg]57.20' W long.;
(5) 33[deg]22.78' N lat., 117[deg]59.68' W long.;
(6) 33[deg]23.79' N lat., 118[deg]01.32' W long.;
(7) 33[deg]25.79' N lat., 118[deg]02.25' W long.;
* * * * *
0
10. Revise Tables 1a through 1c to part 660, subpart C, to read as
follows:
* * * * *
Table 1a. to Part 660, Subpart C--2023, Specifications of OFL, ABC, ACL, ACT and Fishery HG
[(Weights in metric tons). Capitalized stocks are rebuilding.]
----------------------------------------------------------------------------------------------------------------
Stocks Area OFL ABC ACL \a\ Fishery HG \b\
----------------------------------------------------------------------------------------------------------------
YELLOWEYE ROCKFISH \c\........ Coastwide....... 123 103 66 55.3
Arrowtooth Flounder \d\....... Coastwide....... 26,391 18,632 18,632 16,537
Big Skate \e\................. Coastwide....... 1,541 1,320 1,320 1,260.2
Black Rockfish \f\............ California (S of 368 334 334 332.1
42[deg] N lat).
Black Rockfish \g\............ Washington (N of 319 290 290 271.8
46[deg]16' N
lat).
Bocaccio \h\.................. S of 40[deg]10' 2,009 1,842 1,842 1,793.9
N lat.
Cabezon \i\................... California (S of 197 182 182 180.4
42[deg] N lat).
California Scorpionfish \j\... S of 34[deg]27' 290 262 262 258.4
N lat.
Canary Rockfish \k\........... Coastwide....... 1,413 1,284 1,284 1,215.1
Chilipepper \l\............... S of 40[deg]10' 2,401 2,183 2,183 2,085
N lat.
Cowcod \m\.................... S of 40[deg]10' 113 80 80 68.8
N lat.
Cowcod.................... (Conception).... 94 69 NA NA
Cowcod.................... (Monterey)...... 19 11 NA NA
Darkblotched Rockfish n....... Coastwide....... 856 785 785 761.2
Dover Sole \o\................ Coastwide....... 63,834 59,685 50,000 48,402.9
English Sole \p\.............. Coastwide....... 11,133 9,018 9,018 8,758.5
Lingcod \q\................... N of 40[deg]10' 5,010 4,378 4,378 4,098.4
N lat.
Lingcod \r\................... S of 40[deg]10' 846 739 726 710.5
N lat.
Longnose Skate \s\............ Coastwide....... 1,993 1,708 1,708 1,456.7
Longspine Thornyhead \t\...... N of 34[deg]27' 4,616 3,019 2,295 2,241.3
N lat.
Longspine Thornyhead \u\...... S of 34[deg]27' 725 722.8
N lat.
Pacific Cod \v\............... Coastwide....... 3,200 1,926 1,600 1,094
Pacific Ocean Perch \w\....... N of 40[deg]10' 4,248 3,573 3,573 3,427.5
N lat.
Pacific Whiting \x\........... Coastwide....... x x x x
Petrale Sole \y\.............. Coastwide....... 3,763 3,485 3,485 3,098.8
Sablefish \z\................. N of 36[deg] N 11,577 10,825 8,486 See Table 1c
lat.
Sablefish \aa\................ S of 36[deg] N 2,338 2,310.6
lat.
Shortspine Thornyhead \bb\.... N of 34[deg]27' 3,177 2,078 1,359 1,280.7
N lat.
Shortspine Thornyhead \cc\.... S of 34[deg]27' 719 712.3
N lat.
Spiny Dogfish \dd\............ Coastwide....... 1,911 1,456 1,456 1,104.5
Splitnose \ee\................ S of 40[deg]10' 1,803 1,592 1,592 1,573.4
N lat.
Starry Flounder \ff\.......... Coastwide....... 652 392 392 343.7
Widow Rockfish \gg\........... Coastwide....... 13,633 12,624 12,624 12,385.7
Yellowtail Rockfish \hh\...... N of 40[deg]10' 6,178 5,666 5,666 4,638.5
N lat.
----------------------------------------------------------------------------------------------------------------
[[Page 62705]]
Stock Complexes
----------------------------------------------------------------------------------------------------------------
Blue/Deacon/Black Rockfish Oregon.......... 679 597 597 595.2
\ii\.
Cabezon/Kelp Greenling \jj\... Oregon.......... 202 185 185 184.2
Cabezon/Kelp Greenling \kk\... Washington...... 25 20 20 18.0
Nearshore Rockfish North \ll\. N of 40[deg]10' 110 93 93 89.7
N lat.
Nearshore Rockfish South \mm\. S of 40[deg]10' 1,089 897 887 882.5
N lat.
Other Fish \nn\............... Coastwide....... 286 223 223 201.8
Other Flatfish \oo\........... Coastwide....... 7,887 4,862 4,862 4,641
Shelf Rockfish North \pp\..... N of 40[deg]10' 1,614 1,283 1,283 1,212.1
N lat.
Shelf Rockfish South \qq\..... S of 40[deg]10' 1,835 1,469 1,469 1,336.2
N lat.
Slope Rockfish North \rr\..... N of 40[deg]10' 1,819 1,540 1,540 1,474.6
N lat.
Slope Rockfish South \ss\..... S of 40[deg]10' 870 701 701 662.1
N lat.
----------------------------------------------------------------------------------------------------------------
\a\ Annual catch limits (ACLs), annual catch targets (ACTs) and harvest guidelines (HGs) are specified as total
catch valueS
\b\ Fishery HGs means the HG or quota after subtracting Pacific Coast treaty Indian tribes allocations and
projected catch, projected research catch, deductions for fishing mortality in non-groundfish fisheries, and
deductions for EFPs from the ACL or ACT.
\c\ Yelloweye rockfish. The 66 mt ACL is based on the current rebuilding plan with a target year to rebuild of
2029 and an SPR harvest rate of 65 percent. 10.7 mt is deducted from the ACL to accommodate the Tribal fishery
(5 mt), EFP fishing (0.12 mt), research catch (2.92 mt), and incidental open access mortality (2.66 mt)
resulting in a fishery HG of 55.3 mt. The non-trawl HG is 50.9 mt. The combined non-nearshore/nearshore HG is
10.7 mt. Recreational HGs are: 13.2 mt (Washington); 11.7 mt (Oregon); and 15.3 mt (California). In addition,
the non-trawl ACT is 39.9 mt, and the combined non-nearshore/nearshore ACT is 8.4 mt. Recreational ACTs are:
10.4 mt (Washington), 9.2 mt (Oregon), and 12.0 mt (California).
\d\ Arrowtooth flounder. 2,094.98 mt is deducted from the ACL to accommodate the Tribal fishery (2,041 mt),
research catch (12.98 mt) and incidental open access mortality (41 mt), resulting in a fishery HG of 16,537
mt.
\e\ Big skate. 59.8 mt is deducted from the ACL to accommodate the Tribal fishery (15 mt), research catch (5.49
mt), and incidental open access mortality (39.31 mt), resulting in a fishery HG of 1,260.2 mt.
\f\ Black rockfish (California). 2.26 mt is deducted from the ACL to accommodate EFP fishing (1.0 mt), research
catch (0.08 mt), and incidental open access mortality (1.18 mt), resulting in a fishery HG of 332.1 mt.
\g\ Black rockfish (Washington). 18.1 mt is deducted from the ACL to accommodate the Tribal fishery (18 mt) and
research catch (0.1 mt), resulting in a fishery HG of 271.8 mt.
\h\ Bocaccio south of 40[deg]10' N lat. Bocaccio are managed with stock-specific harvest specifications south of
40[deg]10' N lat. and within the Minor Shelf Rockfish complex north of 40[deg]10' N lat. 48.12 mt is deducted
from the ACL to accommodate EFP fishing (40 mt), research catch (5.6 mt), and incidental open access mortality
(2.52 mt), resulting in a fishery HG of 1,793.9 mt. The California recreational fishery south of 40[deg]10' N
lat. has an HG of 755.6 mt.
\i\ Cabezon (California). 1.63 mt is deducted from the ACL to accommodate EFP fishing (1 mt), research catch
(0.02 mt), and incidental open access fishery mortality (0.61 mt), resulting in a fishery HG of 180.4 mt.
\j\ California scorpionfish south of 34[deg]27' N lat. 3.89 mt is deducted from the ACL to accommodate research
(0.18 mt) and the incidental open access fishery (3.71 mt), resulting in a fishery HG of 258.4 mt.
\k\ Canary rockfish. 68.91 mt is deducted from the ACL to accommodate the Tribal fishery (50 mt), EFP fishing (6
mt), and research catch (10.08 mt), and incidental open access mortality (2.83 mt), resulting in a fishery HG
of 1,215.1 mt. The combined nearshore/non-nearshore HG is 121.2 mt. Recreational HGs are: 41.4 mt
(Washington); 62.3 mt (Oregon); and 111.7 mt (California).
\l\ Chilipepper rockfish south of 40[deg]10' N lat. Chilipepper are managed with stock-specific harvest
specifications south of 40[deg]10'N lat. and within the Minor Shelf Rockfish complex north of 40[deg]10' N
lat. 97.7 mt is deducted from the ACL to accommodate EFP fishing (70 mt), research catch (14.04 mt),
incidental open access fishery mortality (13.66 mt), resulting in a fishery HG of 2,085 mt.
\m\ Cowcod south of 40[deg]10' N lat. Cowcod are managed with stock-specific harvest specifications south of
40[deg]10' N lat. and within the Minor Shelf Rockfish complex north of 40[deg]10' N lat. 11.17 mt is deducted
from the ACL to accommodate EFP fishing (1 mt), research catch (10 mt), and incidental open access mortality
(0.17 mt), resulting in a fishery HG of 68.8 mt.
\n\ Darkblotched rockfish. 23.76 mt is deducted from the ACL to accommodate the Tribal fishery (5 mt), EFP
fishing (0.5 mt), research catch (8.46 mt), and incidental open access mortality (9.8 mt) resulting in a
fishery HG of 761.2 mt.
\o\ Dover sole. 1,597.11 mt is deducted from the ACL to accommodate the Tribal fishery (1,497 mt), research
catch (50.84 mt), and incidental open access mortality (49.27 mt), resulting in a fishery HG of 48,402.9 mt.
\p\ English sole. 259.52 mt is deducted from the ACL to accommodate the Tribal fishery (200 mt), research catch
(17 mt), and incidental open access mortality (42.52 mt), resulting in a fishery HG of 8,758.5 mt.
\q\ Lingcod north of 40[deg]10' N lat. 279.63 mt is deducted from the ACL for the Tribal fishery (250 mt),
research catch (17.71 mt), and incidental open access mortality (11.92 mt) resulting in a fishery HG of
4,098.4 mt.
\r\ Lingcod south of 40[deg]10' N lat. 15.5 mt is deducted from the ACL to accommodate EFP fishing (4 mt),
research catch (3.19 mt), and incidental open access mortality (8.31 mt), resulting in a fishery HG of 710.5
mt.
\s\ Longnose skate. 251.3 mt is deducted from the ACL to accommodate the Tribal fishery (220 mt), research catch
(12.46 mt), and incidental open access mortality (18.84 mt), resulting in a fishery HG of 1,456.7 mt.
\t\ Longspine thornyhead north of 34[deg]27' N lat. 53.71 mt is deducted from the ACL to accommodate the Tribal
fishery (30 mt), research catch (17.49 mt), and incidental open access mortality(6.22 mt), resulting in a
fishery HG of 2,241.3 mt.
\u\ Longspine thornyhead south of 34[deg]27' N lat. 2.24 mt is deducted from the ACL to accommodate research
catch (1.41 mt) and incidental open access mortality (0.83 mt), resulting in a fishery HG of 722.8 mt.
\v\ Pacific cod. 506 mt is deducted from the ACL to accommodate the Tribal fishery (500 mt), research catch
(5.47 mt), and incidental open access mortality (0.53 mt), resulting in a fishery HG of 1,094 mt.
\w\ Pacific ocean perch north of 40[deg]10' N lat. Pacific ocean perch are managed with stock-specific harvest
specifications north of 40[deg]10' N lat. and within the Minor Slope Rockfish complex south of 40[deg]10' N
lat. 145.48 mt is deducted from the ACL to accommodate the Tribal fishery (130 mt), research catch (5.39 mt),
and incidental open access mortality (10.09 mt), resulting in a fishery HG of 3,427.5 mt.
\x\ Pacific whiting. Pacific whiting are assessed annually. The final specifications will be determined
consistent with the U.S-Canada Pacific Whiting Agreement and will be announced after the Council's April 2023
meeting.
\y\ Petrale sole. 386.24 mt is deducted from the ACL to accommodate the Tribal fishery (350 mt), EFP fishing (1
mt), research catch (24.14 mt), and incidental open access mortality (11.1 mt), resulting in a fishery HG of
3,098.8 mt.
\z\ Sablefish north of 36[deg] N lat. The sablefish coastwide ACL value is not specified in regulationS The
coastwide sablefish ACL value is apportioned north and south of 36[deg] N lat., using the rolling 5-year
average estimated swept area biomass from the NMFS NWFSC trawl survey, with 78.4 percent apportioned north of
36[deg] N lat. and 21.6 percent apportioned south of 36[deg] N lat. The northern ACL is 8,486 mt and is
reduced by 849 mt for the Tribal allocation (10 percent of the ACL north of 36[deg] N lat.). The 849 mt Tribal
allocation is reduced by 1.7 percent to account for discard mortality. Detailed sablefish allocations are
shown in Table 1c.
\aa\ Sablefish south of 36[deg] N lat. The ACL for the area south of 36[deg] N lat. is 2,338 mt (21.6 percent of
the calculated coastwide ACL value). 27.4 mt is deducted from the ACL to accommodate research catch (2.40 mt)
and incidental open access mortality (25 mt), resulting in a fishery HG of 2,310.6 mt.
\bb\ Shortspine thornyhead north of 34[deg]27' N lat. 78.3 mt is deducted from the ACL to accommodate the Tribal
fishery (50 mt), research catch (10.48 mt), and incidental open access mortality (17.82 mt), resulting in a
fishery HG of 1,280.7 mt for the area north of 34[deg]27' N lat.
\cc\ Shortspine thornyhead south of 34[deg]27' N lat. 6.71 mt is deducted from the ACL to accommodate research
catch (0.71 mt) and incidental open access mortality (6 mt), resulting in a fishery HG of 712.3 mt for the
area south of 34[deg]27' N lat.
\dd\ Spiny dogfish. 351.48 mt is deducted from the ACL to accommodate the Tribal fishery (275 mt), EFP fishing
(1 mt), research catch (41.85 mt), and incidental open access mortality (33.63 mt), resulting in a fishery HG
of 1,104.5 mt.
\ee\ Splitnose rockfish south of 40[deg]10' N lat. 18.42 mt is deducted from the ACL to accommodate EFP fishing
(1.5 mt), research catch (11.17 mt), and incidental open access mortality (5.75 mt), resulting in a fishery HG
of 1,573.4 mt.
\ff\ Starry flounder. 48.28 mt is deducted from the ACL to accommodate the Tribal fishery (2 mt), research catch
(0.57 mt), and incidental open access mortality (45.71 mt), resulting in a fishery HG of 343.7 mt.
\gg\ Widow rockfish. 238.32 mt is deducted from the ACL to accommodate the Tribal fishery (200 mt), EFP fishing
(18 mt), research catch (17.27 mt), and incidental open access mortality (3.05 mt), resulting in a fishery HG
of 12,385.7 mt.
\hh\ Yellowtail rockfish north of 40[deg]10' N lat. Yellowtail rockfish are managed with stock-specific harvest
specifications north of 40[deg]10' N lat. and within the Minor Shelf Rockfish complex south of 40[deg]10' N
lat. 1,027.55 mt is deducted from the ACL to accommodate the Tribal fishery (1,000 mt), research catch (20.55
mt), and incidental open access mortality (7 mt), resulting in a fishery HG of 4,638.5 mt.
[[Page 62706]]
\ii\ Black rockfish/Blue rockfish/Deacon rockfish (Oregon). 1.82 mt is deducted from the ACL to accommodate
research catch (0.08 mt) and incidental open access mortality (1.74 mt), resulting in a fishery HG of 595.2
mt.
\jj\ Cabezon/kelp greenling (Oregon). 0.79 mt is deducted from the ACL to accommodate research catch (0.05 mt),
and incidental open access mortality (0.74 mt), resulting in a fishery HG of 184.2 mt.
\kk\ Cabezon/kelp greenling (Washington). 2 mt is deducted from the ACL to accommodate the Tribal fishery,
resulting in a fishery HG is 18 mt.
\ll\ Nearshore Rockfish north of 40[deg]10' N lat. 3.27 mt is deducted from the ACL to accommodate the Tribal
fishery (1.5 mt), research catch (0.47 mt), and incidental open access mortality (1.3 mt), resulting in a
fishery HG of 89.7 mt. State specific HGs are Washington (17.7 mt), Oregon (32.0 mt), and California (39.6
mt). The ACT for copper rockfish (California) is 6.93 mt. The ACT for quillback rockfish (California) is 0.87
mt.
\mm\ Nearshore Rockfish south of 40[deg]10' N lat. 4.54 mt is deducted from the ACL to accommodate research
catch (2.68 mt) and incidental open access mortality (1.86 mt), resulting in a fishery HG of 882.5 mt. The ACT
for copper rockfish is 84.61 mt. The ACT for quillback rockfish is 0.89 mt.
\nn\ Other Fish. The Other Fish complex is comprised of kelp greenling off California and leopard shark
coastwide. 21.24 mt is deducted from the ACL to accommodate research catch (6.29 mt) and incidental open
access mortality (14.95 mt), resulting in a fishery HG of 201.8 mt.
\oo\ Other Flatfish. The Other Flatfish complex is comprised of flatfish species managed in the PCGFMP that are
not managed with stock-specific OFLs/ABCs/ACLS Most of the species in the Other Flatfish complex are
unassessed and include: butter sole, curlfin sole, flathead sole, Pacific sanddab, rock sole, sand sole, and
rex sole. 220.79 mt is deducted from the ACL to accommodate the Tribal fishery (60 mt), research catch (23.63
mt), and incidental open access mortality (137.16 mt), resulting in a fishery HG of 4,641.2 mt.
\pp\ Shelf Rockfish north of 40[deg]10' N lat. 70.94 mt is deducted from the ACL to accommodate the Tribal
fishery (30 mt), research catch (15.32 mt), and incidental open access mortality (25.62 mt), resulting in a
fishery HG of 1,212.1 mt.
\qq\ Shelf Rockfish south of 40[deg]10' N lat. 132.77 mt is deducted from the ACL to accommodate EFP fishing (50
mt), research catch (15.1 mt), and incidental open access mortality (67.67 mt) resulting in a fishery HG of
1,336.2 mt.
\rr\ Slope Rockfish north of 40[deg]10' N lat. 65.39 mt is deducted from the ACL to accommodate the Tribal
fishery (36 mt), and research catch (10.51 mt), and incidental open access mortality (18.88 mt), resulting in
a fishery HG of 1,474.6 mt.
\ss\ Slope Rockfish south of 40[deg]10' N lat. 38.94 mt is deducted from the ACL to accommodate EFP fishing (1
mt), research catch (18.21 mt), and incidental open access mortality (19.73 mt), resulting in a fishery HG of
662.1 mt. Blackgill rockfish has a stock-specific HG for the entire groundfish fishery south of 40[deg]10' N
lat. set equal to the species' contribution to the ACL. Harvest of blackgill rockfish in all groundfish
fisheries south of 40[deg]10' N lat. counts against this HG of 172.4 mt.
Table 1b. to Part 660, Subpart C--2023, Allocations by Species or Species Group
[Weight in metric tons]
--------------------------------------------------------------------------------------------------------------------------------------------------------
Trawl Non-trawl
Stocks/stock complexes Area Fishery HG or ---------------------------------------------------------------
ACT % Mt % Mt
--------------------------------------------------------------------------------------------------------------------------------------------------------
YELLOWEYE ROCKFISH \a\.................... Coastwide................... 55.3 8 4.4 92 50.9
Arrowtooth flounder....................... Coastwide................... 16,537 95 15,710.2 5 826.9
Big skate \a\............................. Coastwide................... 1,260.2 95 1,197.2 5 63
Bocaccio \a\.............................. S of 40[deg]10' N lat....... 1,793.9 39.04 700.3 60.96 1,093.5
Canary rockfish \a\....................... Coastwide................... 1,215.1 72.281 878.3 27.719 336.8
Chilipepper rockfish...................... S of 40[deg]10'N lat........ 2,085 75 1,563.8 25 521.3
Cowcod \a\ \b\............................ S of 40[deg]10' N lat....... 68.8 36 24.8 64 44.1
Darkblotched rockfish..................... Coastwide................... 761.2 95 723.2 5 38.1
Dover sole................................ Coastwide................... 48,402.8 95 45,982.7 5 2,420.1
English sole.............................. Coastwide................... 8,758.5 95 8,320.6 5 437.9
Lingcod................................... N of 40'10[deg] N lat....... 4,098.4 45 1,844.3 55 2,254.1
Lingcod \a\............................... S of 40'10[deg] N lat....... 710.5 40 284.2 60 426.3
Longnose skate \a\........................ Coastwide................... 1,456.7 90 1,311 10 145.7
Longspine thornyhead...................... N of 34[deg]27' N lat....... 2,241.3 95 2,129.2 5 112.1
Pacific cod............................... Coastwide................... 1,094 95 1,039.3 5 54.7
Pacific ocean perch....................... N of 40[deg]10' N lat....... 3,427.5 95 3,256.1 5 171.4
Pacific whiting \c\....................... Coastwide................... TBD 100 TBD 0 0
Petrale sole \a\.......................... Coastwide................... 3,098.8 .............. 3,068.8 .............. 30
---------------------------------------------------------------
Sablefish................................. N of 36[deg] N lat.......... NA See Table 1c
---------------------------------------------------------------
Sablefish................................. S of 36[deg] N lat.......... 2,310.6 42 970.5 58 1,340.1
Shortspine thornyhead..................... N of 34[deg]27' N lat....... 1,280.7 95 1,216.7 5 64
Shortspine thornyhead..................... S of 34[deg]27' N lat....... 712.3 .............. 50 .............. 662.3
Splitnose rockfish........................ S of 40[deg]10' N lat....... 1,572.4 95 1,494.7 5 78.7
Starry flounder........................... Coastwide................... 343.7 50 171.9 50 171.9
Widow rockfish \a\........................ Coastwide................... 12,385.7 .............. 11,985.7 .............. 400
Yellowtail rockfish....................... N of 40[deg]10' N lat....... 4,638.5 88 4,081.8 12 556.6
Other Flatfish............................ Coastwide................... 4,641.2 90 4,177.1 10 464.1
Shelf Rockfish \a\........................ N of 40[deg]10' N lat....... 1,212.1 60.2 729.7 39.8 482.4
Shelf Rockfish \a\........................ S of 40[deg]10' N lat....... 1,336.2 12.2 163 87.8 1,173.2
Slope Rockfish............................ N of 40[deg]10' N lat....... 1,474.6 81 1,194.4 19 280.2
Slope Rockfish \a\........................ S of 40[deg]10' N lat....... 662.1 63 417.1 37 245
--------------------------------------------------------------------------------------------------------------------------------------------------------
\a\ Allocations decided through the biennial specification process.
\b\ The cowcod non-trawl allocation is further split 50:50 between the commercial and recreational sectors. This results in a sector-specific ACT of 22
mt for the commercial sector and 22 mt for the recreational sector.
\c\ Consistent with regulations at Sec. 660.55(i)(2), the commercial harvest guideline for Pacific whiting is allocated as follows: 34 percent for the
C/P Coop Program; 24 percent for the MS Coop Program; and 42 percent for the Shorebased IFQ Program. No more than 5 percent of the Shorebased IFQ
Program allocation may be taken and retained south of 42[deg] N lat. before the start of the primary Pacific whiting season north of 42[deg] N lat.
Table 1c. to Part 660, Subpart C--Sablefish North of 36[deg] N Lat. Allocations, 2023
[Weight in metric tons]
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Set-asides Limited entry HG Open access HG
Year ACL ------------------------------- Recreational EFP Commercial ---------------------------------------------------
Tribal \a\ Research estimate HG Percent mt Percent mt \b\
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
2023................................................. 8,486 849 30.7 6 1 7,600 90.6 6,885 9.4 714
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Year LE all Limited entry trawl \c\
Limited entry fixed gear \d\
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
All trawl At-sea whiting Shorebased IFQ All FG Primary
DTL
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
2023................................................. 6,885 3,994 100 3,893.5 2,892 2,458
434
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
\a\ The tribal allocation is further reduced by 1.7 percent for discard mortality resulting in 834.6 mt in 2023.
[[Page 62707]]
\b\ The open access HG is taken by the incidental OA fishery and the directed OA fishery.
\c\ The trawl allocation is 58 percent of the limited entry HG.
\d\ The limited entry fixed gear allocation is 42 percent of the limited entry HG.
0
11. Revise Tables 2a through 2c to Part 660, Subpart C, to read as
follows:
Table 2a. to Part 660, Subpart C--2024, and Beyond, Specifications of OFL, ABC, ACL, ACT and Fishery Harvest
Guidelines
[Weights in metric tons. Capitalized stocks are overfished.]
----------------------------------------------------------------------------------------------------------------
Stocks Area OFL ABC ACL \a\ Fishery HG \b\
----------------------------------------------------------------------------------------------------------------
YELLOWEYE ROCKFISH \c\........ Coastwide....... 123 103 66 55.3
Arrowtooth Flounder \d\....... Coastwide....... 20,459 14,178 14,178 12,083
Big Skate \e\................. Coastwide....... 1,492 1,267 1,267 1,207.2
Black Rockfish \f\............ California (S of 364 329 329 326.6
42[deg] N lat.).
Black Rockfish \g\............ Washington (N of 319 289 289 270.5
46[deg]16' N
lat.).
Bocaccio \h\.................. S of 40[deg]10' 2,002 1,828 1,828 1,779.9
N lat..
Cabezon \i\................... California (S of 185 171 171 169.4
42[deg] N lat.).
California Scorpionfish \j\... S of 34[deg]27' 280 252 252 248
N lat..
Canary Rockfish \k\........... Coastwide....... 1,401 1,267 1,267 1,198.1
Chilipepper \l\............... S of 40[deg]10' 2,346 2,121 2,121 2,023.4
N lat..
Cowcod \m\.................... S of 40[deg]10' 112 79 79 67.8
N lat..
Cowcod.................... (Conception).... 93 67 NA NA
Cowcod.................... (Monterey)...... 19 12 NA NA
Darkblotched Rockfish \n\..... Coastwide....... 822 750 750 726.2
Dover Sole \o\................ Coastwide....... 55,859 51,949 50,000 48,402.9
English Sole \p\.............. Coastwide....... 11,158 8,960 8,960 8,700.5
Lingcod \q\................... N of 40[deg]10' 4,455 3,854 3,854 3,574.4
N lat.
Lingcod \r\................... S of 40[deg]10' 855 740 722 706.5
N lat.
Longnose Skate \s\............ Coastwide....... 1,955 1,660 1,660 1,408.7
Longspine Thornyhead \t\...... N of 34[deg]27' 4,433 2,846 2,162 2,108.3
N lat.
Longspine Thornyhead \u\...... S of 34[deg]27' 683 680.8
N lat.
Pacific Cod \v\............... Coastwide....... 3,200 1,926 1,600 1,094
Pacific Ocean Perch \w\....... N of 40[deg]10' 4,133 3,443 3,443 3,297.5
N lat.
Pacific Whiting \x\........... Coastwide....... (\x\) (\x\) (\x\) (\x\)
Petrale Sole \y\.............. Coastwide....... 3,563 3,285 3,285 2,898.8
Sablefish \z\................. N of 36[deg] N 10,670 9,923 7,780 See Table 2c
lat.
Sablefish \aa\................ S of 36[deg] N 2,143 2,115.6
lat.
Shortspine Thornyhead \bb\.... N of 34[deg]27' 3,162 2,030 1,328 1,249.7
N lat.
Shortspine Thornyhead \cc\.... S of 34[deg]27' 702 695.3
N lat.
Spiny Dogfish \dd\............ Coastwide....... 1,883 1,407 1,407 1,055.5
Splitnose \ee\................ S of 40[deg]10' 1,766 1,553 1,553 1,534.3
N lat.
Starry Flounder \ff\.......... Coastwide....... 652 392 392 343.7
Widow Rockfish \gg\........... Coastwide....... 12,453 11,482 11,482 11,243.7
Yellowtail Rockfish \hh\...... N of 40[deg]10' 6,090 5,560 5,560 4,532.5
N lat.
----------------------------------------------------------------------------------------------------------------
Stock Complexes
----------------------------------------------------------------------------------------------------------------
Blue/Deacon/Black Rockfish Oregon.......... 671 594 594 592.2
\ii\.
Cabezon/Kelp Greenling \jj\... Washington...... 22 17 17 15
Cabezon/Kelp Greenling \kk\... Oregon.......... 198 180 180 179.2
Nearshore Rockfish North \ll\. N of 40[deg]10' 109 91 91 87.7
N lat.
Nearshore Rockfish South \mm\. S of 40[deg]10' 1,097 902 891 886.5
N lat.
Other Fish \nn\............... Coastwide....... 286 223 223 201.8
Other Flatfish \oo\........... Coastwide....... 7,946 4,874 4,874 4,653.2
Shelf Rockfish North \pp\..... N of 40[deg]10' 1,610 1,278 1,278 1,207
N lat.
Shelf Rockfish South \qq\..... S of 40[deg]10' 1,838 1,469 1,469 1,336.2
N lat.
Slope Rockfish North \rr\..... N of 40[deg]10' 1,797 1,516 1,516 1,450.6
N lat.
Slope Rockfish South \ss\..... S of 40[deg]10' 868 697 697 658.1
N lat.
----------------------------------------------------------------------------------------------------------------
\a\ Annual catch limits (ACLs), annual catch targets (ACTs) and harvest guidelines (HGs) are specified as total
catch values.
\b\ Fishery HGs means the HG or quota after subtracting Pacific Coast treaty Indian tribes allocations and
projected catch, projected research catch, deductions for fishing mortality in non-groundfish fisheries, and
deductions for EFPs from the ACL or ACT.
\c\ Yelloweye rockfish. The 66 mt ACL is based on the current rebuilding plan with a target year to rebuild of
2029 and an SPR harvest rate of 65 percent. 10.7 mt is deducted from the ACL to accommodate the Tribal fishery
(5 mt), EFP fishing (0.12 mt), research catch (2.92 mt), and incidental open access mortality (2.66 mt)
resulting in a fishery HG of 55.3 mt. The non-trawl HG is 50.9 mt. The combined non-nearshore/nearshore HG is
10.7 mt. Recreational HGs are: 13.2 mt (Washington); 11.7 mt (Oregon); and 15.3 mt (California). In addition,
the non-trawl ACT is 39.9, and the combined non-nearshore/nearshore ACT is 8.4 mt. Recreational ACTs are: 10.4
mt (Washington), 9.2 (Oregon), and 12.0 mt (California).
\d\ Arrowtooth flounder. 2,094.98 mt is deducted from the ACL to accommodate the Tribal fishery (2,041 mt),
research catch (12.98 mt) and incidental open access mortality (41 mt), resulting in a fishery HG of 12,083
mt.
\e\ Big skate. 59.8 mt is deducted from the ACL to accommodate the Tribal fishery (15 mt), research catch (5.49
mt), and incidental open access mortality (39.31 mt), resulting in a fishery HG of 1,207.2 mt.
\f\ Black rockfish (California). 2.26 mt is deducted from the ACL to accommodate EFP fishing (1.0 mt), research
catch (0.08 mt), and incidental open access mortality (1.18 mt), resulting in a fishery HG of 326.6 mt.
[[Page 62708]]
\g\ Black rockfish (Washington). 18.1 mt is deducted from the ACL to accommodate the Tribal fishery (18 mt) and
research catch (0.1 mt), resulting in a fishery HG of 270.5 mt.
\h\ Bocaccio south of 40[deg]10' N lat. Bocaccio are managed with stock-specific harvest specifications south of
40[deg]10' N lat. and within the Minor Shelf Rockfish complex north of 40[deg]10' N lat. 48.12 mt is deducted
from the ACL to accommodate EFP fishing (40 mt), research catch (5.6 mt), and incidental open access mortality
(2.52 mt), resulting in a fishery HG of 1,779.9 mt. The California recreational fishery south of 40[deg]10' N
lat. has an HG of 749.7 mt.
\i\ Cabezon (California). 1.63 mt is deducted from the ACL to accommodate EFP fishing (1 mt), research catch
(0.02 mt), and incidental open access mortality (0.61 mt), resulting in a fishery HG of 169.4 mt.
\j\ California scorpionfish south of 34[deg]27' N lat. 3.89 mt is deducted from the ACL to accommodate research
catch (0.18 mt) and incidental open access mortality (3.71 mt), resulting in a fishery HG of 248 mt.
\k\ Canary rockfish. 68.91 mt is deducted from the ACL to accommodate the Tribal fishery (50 mt), EFP fishing (6
mt), research catch (10.08 mt), and incidental open access mortality (2.83 mt), resulting in a fishery HG of
1,198.1 mt. The combined nearshore/non-nearshore HG is 119.4 mt. Recreational HGs are: 40.8 mt (Washington);
61.4 mt (Oregon); and 110.2 mt (California).
\l\ Chilipepper rockfish south of 40[deg]10' N lat. Chilipepper are managed with stock-specific harvest
specifications south of 40[deg]10' N lat. and within the Minor Shelf Rockfish complex north of 40[deg]10' N
lat. 97.7 mt is deducted from the ACL to accommodate EFP fishing (70 mt), research catch (14.04 mt),
incidental open access mortality (13.66 mt), resulting in a fishery HG of 2,023.4 mt.
\m\ Cowcod south of 40[deg]10' N lat. Cowcod are managed with stock-specific harvest specifications south of
40[deg]10' N lat. and within the Minor Shelf Rockfish complex north of 40[deg]10' N lat. 11.17 mt is deducted
from the ACL to accommodate EFP fishing (1 mt), research catch (10 mt), and incidental open access mortality
(0.17 mt), resulting in a fishery HG of 67.8 mt.
\n\ Darkblotched rockfish. 23.76 mt is deducted from the ACL to accommodate the Tribal fishery (5 mt), EFP
fishing (0.5 mt), research catch (8.46 mt), and incidental open access mortality (9.8 mt) resulting in a
fishery HG of 726.2 mt.
\o\ Dover sole. 1,597.11 mt is deducted from the ACL to accommodate the Tribal fishery (1,497 mt), research
catch (50.84 mt), and incidental open access mortality (49.27 mt), resulting in a fishery HG of 48,402.9 mt.
\p\ English sole. 259.52 mt is deducted from the ACL to accommodate the Tribal fishery (200 mt), research catch
(17 mt), and incidental open access mortality (42.52 mt), resulting in a fishery HG of 8,700.5 mt.
\q\ Lingcod north of 40[deg]10' N lat. 279.63 mt is deducted from the ACL for the Tribal fishery (250 mt),
research catch (17.71 mt), and incidental open access mortality (11.92 mt) resulting in a fishery HG of
3,574.4 mt.
\r\ Lingcod south of 40[deg]10' N lat. 15.5 mt is deducted from the ACL to accommodate EFP fishing (4 mt),
research catch (3.19 mt), and incidental open access mortality (8.31 mt), resulting in a fishery HG of 706.5
mt.
\s\ Longnose skate. 251.3 mt is deducted from the ACL to accommodate the Tribal fishery (220 mt), and research
catch (12.46 mt), and incidental open access mortality (18.84 mt), resulting in a fishery HG of 1,408.7 mt.
\t\ Longspine thornyhead north of 34[deg]27' N lat. 53.71 mt is deducted from the ACL to accommodate the Tribal
fishery (30 mt), research catch (17.49 mt), and incidental open access mortality (6.22 mt), resulting in a
fishery HG of 2,108.3 mt.
\u\ Longspine thornyhead south of 34[deg]27' N lat. 2.24 mt is deducted from the ACL to accommodate research
catch (1.41 mt) and incidental open access mortality (0.83 mt), resulting in a fishery HG of 680.8 mt.
\v\ Pacific cod. 506 mt is deducted from the ACL to accommodate the Tribal fishery (500 mt), research catch
(5.47 mt), and incidental open access mortality (0.53 mt), resulting in a fishery HG of 1,094 mt.
\w\ Pacific ocean perch north of 40[deg]10' N lat. Pacific ocean perch are managed with stock-specific harvest
specifications north of 40[deg]10' N lat. and within the Minor Slope Rockfish complex south of 40[deg]10' N
lat. 145.48 mt is deducted from the ACL to accommodate the Tribal fishery (130 mt), EFP fishing, research
catch (5.39 mt), and incidental open access mortality (10.09 mt), resulting in a fishery HG of 3,297.5 mt.
\x\ Pacific whiting. Pacific whiting are assessed annually. The final specifications will be determined
consistent with the U.S.-Canada Pacific Whiting Agreement and will be announced after the Council's April 2023
meeting.
\y\ Petrale sole. 386.24 mt is deducted from the ACL to accommodate the Tribal fishery (350 mt), EFP fishing (1
mt), research catch (24.14 mt), and incidental open access mortality (11.1 mt), resulting in a fishery HG of
2,898.8 mt.
\z\ Sablefish north of 36[deg] N lat. The sablefish coastwide ACL value is not specified in regulations. The
sablefish coastwide ACL value is apportioned north and south of 36[deg] N lat., using the rolling 5-year
average estimated swept area biomass from the NMFS NWFSC trawl survey, with 78.4 percent apportioned north of
36[deg] N lat. and 21.6 percent apportioned south of 36[deg] N lat. The northern ACL is 7,780 mt and is
reduced by 778 mt for the Tribal allocation (10 percent of the ACL north of 36[deg] N lat.). The 778 mt Tribal
allocation is reduced by 1.7 percent to account for discard mortality. Detailed sablefish allocations are
shown in Table 1c.
\aa\ Sablefish south of 36[deg] N lat. The ACL for the area south of 36[deg] N lat. is 2,143 mt (21.6 percent of
the calculated coastwide ACL value). 27.4 mt is deducted from the ACL to accommodate research catch (2.40 mt)
and the incidental open access fishery (25 mt), resulting in a fishery HG of 2,115.6 mt.
\bb\ Shortspine thornyhead north of 34[deg]27' N lat. 78.3 mt is deducted from the ACL to accommodate the Tribal
fishery (50 mt), research catch (10.48 mt), and incidental open access mortality (17.82 mt), resulting in a
fishery HG of 1,249.7 mt for the area north of 34[deg]27' N lat.
\cc\ Shortspine thornyhead south of 34[deg]27' N lat. 6.71 mt is deducted from the ACL to accommodate research
catch (0.71 mt) and incidental open access mortality (6 mt), resulting in a fishery HG of 695.3 mt for the
area south of 34[deg]27' N lat.
\dd\ Spiny dogfish. 351.48 mt is deducted from the ACL to accommodate the Tribal fishery (275 mt), EFP fishing
(1 mt), research catch (41.85 mt), and incidental open access mortality (33.63 mt), resulting in a fishery HG
of 1,055.5 mt.
\ee\ Splitnose rockfish south of 40[deg]10' N lat. Splitnose rockfish in the north is managed in the Slope
Rockfish complex and with stock-specific harvest specifications south of 40[deg]10' N lat. 18.42 mt is
deducted from the ACL to accommodate EFP fishing (1.5 mt), research catch (11.17 mt), and incidental open
access mortality (5.75 mt), resulting in a fishery HG of 1,534.3 mt.
\ff\ Starry flounder. 48.28 mt is deducted from the ACL to accommodate the Tribal fishery (2 mt), research catch
(0.57 mt), and incidental open access mortality (45.71 mt), resulting in a fishery HG of 343.7 mt.
\gg\ Widow rockfish. 238.32 mt is deducted from the ACL to accommodate the Tribal fishery (200 mt), EFP fishing
(18 mt), research catch (17.27 mt), and incidental open access mortality (3.05 mt), resulting in a fishery HG
of 11,243.7 mt.
\hh\ Yellowtail rockfish north of 40[deg]10' N lat. Yellowtail rockfish are managed with stock-specific harvest
specifications north of 40[deg]10' N lat. and within the Minor Shelf Rockfish complex south of 40[deg]10' N
lat. 1,027.55 mt is deducted from the ACL to accommodate the Tribal fishery (1,000 mt), research catch (20.55
mt), and incidental open access mortality (7 mt), resulting in a fishery HG of 4,532.5 mt.
\ii\ Black rockfish/Blue rockfish/Deacon rockfish (Oregon). 1.82 mt is deducted from the ACL to accommodate
research catch (0.08 mt), and incidental open access mortality (1.74 mt), resulting in a fishery HG of 592.2
mt.
\jj\ Cabezon/kelp greenling (Washington). 2 mt is deducted from the ACL to accommodate the Tribal fishery,
resulting in a fishery HG is 15 mt.
\kk\ Cabezon/kelp greenling (Oregon). 0.79 mt is deducted from the ACL to accommodate research catch (0.05 mt)
and incidental open access mortality (0.74 mt), resulting in a fishery HG of 179.2 mt.
\ll\ Nearshore Rockfish north of 40[deg]10' N lat. 3.27 mt is deducted from the ACL to accommodate the Tribal
fishery (1.5 mt), research catch (0.47 mt), and incidental open access mortality (1.31 mt), resulting in a
fishery HG of 87.7 mt. State-specific HGs are 17.2 mt (Washington), 30.9 mt (Oregon), and 39.9 mt
(California). The ACT for copper rockfish (California) is 6.99 mt. The ACT for quillback rockfish (California)
is 0.96 mt.
\mm\ Nearshore Rockfish south of 40[deg]10' N lat. 4.54 mt is deducted from the ACL to accommodate research
catch (2.68 mt) and incidental open access mortality (1.86 mt), resulting in a fishery HG of 886.5 mt. The ACT
for copper rockfish is 87.73 mt. The ACT for quillback rockfish is 0.97 mt.
\nn\ Other Fish. The Other Fish complex is comprised of kelp greenling off California and leopard shark
coastwide. 21.24 mt is deducted from the ACL to accommodate research catch (6.29 mt) and incidental open
access mortality (14.95 mt), resulting in a fishery HG of 201.8 mt.
\oo\ Other Flatfish. The Other Flatfish complex is comprised of flatfish species managed in the PCGFMP that are
not managed with stock-specific OFLs/ABCs/ACLs. Most of the species in the Other Flatfish complex are
unassessed and include: butter sole, curlfin sole, flathead sole, Pacific sanddab, rock sole, sand sole, and
rex sole. 220.79 mt is deducted from the ACL to accommodate the Tribal fishery (60 mt), research catch (23.63
mt), and incidental open access mortality (137.16 mt), resulting in a fishery HG of 4,653.2 mt.
[[Page 62709]]
\pp\ Shelf Rockfish north of 40[deg]10' N lat. 70.94 mt is deducted from the ACL to accommodate the Tribal
fishery (30 mt), research catch (15.32 mt), and incidental open access mortality (25.62 mt), resulting in a
fishery HG of 1,207.1 mt.
\qq\ Shelf Rockfish south of 40[deg]10' N lat. 132.77 mt is deducted from the ACL to accommodate EFP fishing (50
mt), research catch (15.1 mt), and incidental open access mortality (67.67 mt) resulting in a fishery HG of
1,336.2 mt.
\rr\r Slope Rockfish north of 40[deg]10' N lat. 65.39 mt is deducted from the ACL to accommodate the Tribal
fishery (36 mt), research catch (10.51 mt), and incidental open access mortality (18.88 mt), resulting in a
fishery HG of 1,450.6 mt.
\ss\ Slope Rockfish south of 40[deg]10' N lat. 38.94 mt is deducted from the ACL to accommodate EFP fishing (1
mt), research catch (18.21 mt), and incidental open access mortality (19.73 mt), resulting in a fishery HG of
658.1 mt. Blackgill rockfish has a stock-specific HG for the entire groundfish fishery south of 40[deg]10' N
lat. set equal to the species' contribution to the 40-10-adjusted ACL. Harvest of blackgill rockfish in all
groundfish fisheries south of 40[deg]10' N lat. counts against this HG of 169.9 mt.
Table 2b. to Part 660, Subpart C--2024, and Beyond, Allocations by Species or Species Group
[Weight in metric tons]
--------------------------------------------------------------------------------------------------------------------------------------------------------
Trawl Non-trawl
Stocks/stock complexes Area Fishery HG or ---------------------------------------------------------------
ACT % Mt % Mt
--------------------------------------------------------------------------------------------------------------------------------------------------------
YELLOWEYE ROCKFISH \a\.................... Coastwide................... 55.3 8 4.4 92 50.9
Arrowtooth flounder....................... Coastwide................... 12,083 95 11,478.9 5 604.2
Big skate \a\............................. Coastwide................... 1,207.2 95 1,146.8 5 60.4
Bocaccio \a\.............................. S of 40[deg]10' N lat....... 1,779.9 39.04 694.9 60.96 1,085
Canary rockfish \a\....................... Coastwide................... 1,198.1 72.3 866.2 27.7 331.9
Chilipepper rockfish...................... S of 40[deg]10' N lat....... 2,023.4 75 1,517.6 25 505.9
Cowcod \a\ \b\............................ S of 40[deg]10' N lat....... 67.8 36 24.4 64 43.4
Darkblotched rockfish..................... Coastwide................... 726.2 95 689.9 5 36.3
Dover sole................................ Coastwide................... 4,8402.9 95 45,982.7 5 2,420.1
English sole.............................. Coastwide................... 8,700.5 95 8265.5 5 435
Lingcod................................... N of 40[deg]10' N lat....... 3,574.4 45 1,608.5 55 1,965.9
Lingcod \a\............................... S of 40[deg]10' N lat....... 706.5 40 282.6 60 423.9
Longnose skate \a\........................ Coastwide................... 1,408.7 90 1,267.8 10 140.9
Longspine thornyhead...................... N of 34[deg]27' N lat....... 2,108.3 95 2,002.9 5 105.4
Pacific cod............................... Coastwide................... 1,094 95 1,039.3 5 54.7
Pacific ocean perch....................... N of 40[deg]10' N lat....... 3,297.5 95 3,132.6 5 164.9
Pacific whiting \c\....................... Coastwide................... TBD 100 TBD 0 0
Petrale sole \a\.......................... Coastwide................... 2898.8 .............. 2,868.8 .............. 30
---------------------------------------------------------------
Sablefish................................. N of 36[deg] N lat.......... NA See Table 2c
---------------------------------------------------------------
Sablefish................................. S of 36[deg] N lat.......... 2,115.6 42 888.6 58 1,227
Shortspine thornyhead..................... N of 34[deg]27' N lat....... 1,249.7 95 1,187.2 5 62.5
Shortspine thornyhead..................... S of 34[deg]27' N lat....... 695.3 .............. 50 .............. 645.3
Splitnose rockfish........................ S of 40[deg]10' N lat....... 1,534.3 95 1,457.6 5 76.7
Starry flounder........................... Coastwide................... 343.7 50 171.9 50 171.9
Widow rockfish \a\........................ Coastwide................... 11,243.7 .............. 10,843.7 .............. 400
Yellowtail rockfish....................... N of 40[deg]10' N lat....... 4,532.5 88 3,988.6 12 543.9
Other Flatfish............................ Coastwide................... 4,653.2 90 4,187.9 10 465.3
Shelf Rockfish \a\........................ N of 40[deg]10' N lat....... 1,207.1 60.2 726.7 39.8 480.4
Shelf Rockfish \a\........................ S of 40[deg]10' N lat....... 1,336.2 12.2 163 87.8 1,173.2
Slope Rockfish............................ N of 40[deg]10' N lat....... 1,450.6 81 1,175 19 275.6
Slope Rockfish \a\........................ S of 40[deg]10' N lat....... 658.1 63 414.6 37 243.5
--------------------------------------------------------------------------------------------------------------------------------------------------------
\a\ Allocations decided through the biennial specification process.
\b\ The cowcod non-trawl allocation is further split 50:50 between the commercial and recreational sectors. This results in a sector-specific ACT of
21.7 mt for the commercial sector and 21.7 mt for the recreational sector.
\c\ Consistent with regulations at Sec. 660.55(i)(2), the commercial harvest guideline for Pacific whiting is allocated as follows: 34 percent for the
C/P Coop Program; 24 percent for the MS Coop Program; and 42 percent for the Shorebased IFQ Program. No more than 5 percent of the Shorebased IFQ
Program allocation may be taken and retained south of 42[deg] N lat. before the start of the primary Pacific whiting season north of 42[deg] N lat.
Table 2c. to Part 660, Subpart C--Sablefish North of 36[deg] N Lat. Allocations, 2024 and Beyond
[Weights in metric tons]
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Set-asides Limited entry HG Open access HG
Year ACL ------------------------------- Recreational EFP Commercial ---------------------------------------------------
Tribal \a\ Research estimate HG Percent mt Percent mt \b\
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
2024................................................. 7,780 778 30.7 6 1 6,964 90.6 6,309 9.4 665
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Year LE All Limited Entry Trawl \c\
Limited Entry Fixed Gear \d\
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
All Trawl At-sea whiting Shorebased IFQ All FG Primary
DTL
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
2024................................................. 6,309 3,659 100 3,559 2,650 2,252
397
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
\a\ The tribal allocation is further reduced by 1.7 percent for discard mortality resulting in 764.8 mt in 2024.
\b\ The open access HG is taken by the incidental OA fishery and the directed OA fishery.
\c\ The trawl allocation is 58 percent of the limited entry HG.
\d\ The limited entry fixed gear allocation is 42 percent of the limited entry HG.
* * * * *
0
12. In Sec. 660.111, revise the definition of ``Block area closures or
BACs'' to read as follows:
Sec. 660.111 Trawl fishery--definitions.
* * * * *
Block area closures or BACs are a type of groundfish conservation
area, defined at Sec. 660.11, bounded on the north and south by
commonly used geographic coordinates, defined at Sec. 660.11, and on
the east and west by the EEZ, and
[[Page 62710]]
boundary lines approximating depth contours, defined with latitude and
longitude coordinates at Sec. Sec. 660.71 through 660.74 (10 fm
through 250 fm), and Sec. 660.76 (700 fm). BACs may be implemented or
modified as routine management measures, per regulations at Sec.
660.60(c). BACs may be implemented in the EEZ seaward of Washington,
Oregon and California for vessels using limited entry bottom trawl and/
or midwater trawl gear. BACs may be implemented within tribal Usual and
Accustomed fishing areas but may only apply to non-tribal vessels. BACs
may close areas to specific trawl gear types (e.g., closed for midwater
trawl, bottom trawl, or bottom trawl unless using selective flatfish
trawl) and/or specific programs within the trawl fishery (e.g., Pacific
whiting fishery or MS Coop Program). BACs may vary in their geographic
boundaries and duration. Their geographic boundaries, applicable gear
type(s) and/or specific trawl fishery program, and effective dates will
be announced in the Federal Register. BACs may have a specific
termination date as described in the Federal Register, or may be in
effect until modified. BACs that are in effect until modified by
Council recommendation and subsequent NMFS action are set out in Tables
1 (North) and 1 (South) of this subpart.
* * * * *
0
13. In Sec. 660.140, revise paragraphs (c)(3)(iii) and (iv), and Table
1 to paragraph (d)(1)(ii)(D) to read as follows:
Sec. 660.140 Shorebased IFQ Program.
* * * * *
(c) * * *
(3) * * *
(iii) For IFQ species listed in the trawl/non-trawl allocation
table, specified at Sec. 660.55(c), subpart C, allocations are
determined by applying the trawl column percent to the fishery harvest
guideline minus any set-asides for the mothership and C/P sectors for
that species.
(iv) The remaining IFQ species (canary rockfish, bocaccio, cowcod,
yelloweye rockfish, darkblotched rockfish, POP, widow rockfish, minor
shelf rockfish N of 40[deg]10' N lat., and minor shelf rockfish S of
40[deg]10' N lat., and minor slope rockfish S of 40[deg]10' N lat.) are
allocated through the biennial specifications and management measures
process minus any set-asides for the mothership and C/P sectors for
that species.
* * * * *
(d) * * *
(1) * * *
(ii) * * *
(D) * * *
Table 1 to Paragraph (d)(1)(ii)(D)--Shorebased Trawl Allocations for 2023 and 2024
----------------------------------------------------------------------------------------------------------------
2023 Shorebased 2024 Shorebased
IFQ species Area trawl allocation trawl allocation
(mt) (mt)
----------------------------------------------------------------------------------------------------------------
YELLOWEYE ROCKFISH......................... Coastwide.................... 4.42 4.42
Arrowtooth flounder........................ Coastwide.................... 15,640.17 11,408.87
Bocaccio................................... South of 40[deg]10' N lat.... 700.33 694.87
Canary rockfish............................ Coastwide.................... 842.50 830.22
Chilipepper................................ South of 40[deg]10' N lat.... 1,563.80 1517.60
Cowcod..................................... South of 40[deg]10' N lat.... 24.80 24.42
Darkblotched rockfish...................... Coastwide.................... 646.78 613.53
Dover sole................................. Coastwide.................... 45,972.75 45,972.75
English sole............................... Coastwide.................... 8,320.56 8,265.46
Lingcod.................................... North of 40[deg]10' N lat.... 1,829.27 1,593.47
Lingcod.................................... South of 40[deg]10' N lat.... 284.20 282.60
Longspine thornyhead....................... North of 34[deg]27' N lat.... 2,129.23 2,002.88
Pacific cod................................ Coastwide.................... 1,039.30 1,039.30
Pacific halibut (IBQ) \a\.................. North of 40[deg]10' N lat.... TBD TBD
Pacific ocean perch........................ North of 40[deg]10' N lat.... 2,956.14 2,832.64
Pacific whiting \a\........................ Coastwide.................... TBD TBD
Petrale sole............................... Coastwide.................... 3,063.76 2,863.76
Sablefish.................................. North of 36[deg] N lat....... 3,893.50 3,559.38
Sablefish.................................. South of 36[deg] N lat....... 970.00 889.00
Shortspine thornyhead...................... North of 34[deg]27' N lat.... 1,146.67 1,117.22
Shortspine thornyhead...................... South of 34[deg]27' N lat.... 50 50
Splitnose rockfish......................... South of 40[deg]10' N lat.... 1,494.70 1,457.60
Starry flounder............................ Coastwide.................... 171.86 171.86
Widow rockfish............................. Coastwide.................... 11,509.68 10,367.68
Yellowtail rockfish........................ North of 40[deg]10' N lat.... 3,761.84 3,668.56
Other Flatfish complex..................... Coastwide.................... 4,142.09 4,152.89
Shelf Rockfish complex..................... North of 40[deg]10' N lat.... 694.70 691.65
Shelf Rockfish complex..................... South of 40[deg]10' N lat.... 163.02 163.02
Slope Rockfish complex..................... North of 40[deg]10' N lat.... 894.43 874.99
Slope Rockfish complex..................... South of 40[deg]10' N lat.... 417.1 414.58
----------------------------------------------------------------------------------------------------------------
\a\ Managed through an international process. These allocation will be updated when announced.
* * * * *
0
14. In Sec. 660.150, revise paragraph (c)(1) to read as follows:
Sec. 660.150 Mothership (MS) Coop Program.
* * * * *
(c) * * *--(1) MS Coop Program species. All species other than
Pacific whiting are managed with set-asides for the MS and C/P Coop
Programs, as described in the biennial specifications.
* * * * *
0
15. In Sec. 660.160, revise paragraph (c)(1)(ii) to read as follows:
Sec. 660.160 Catcher/processor (C/P) Coop Program.
* * * * *
(c) * * *
(1) * * *
[[Page 62711]]
(ii) Species with set-asides for the MS and C/P Programs, as
described in the biennial specifications.
* * * * *
0
16. In Sec. 660.213, revise paragraph (d)(2) to read as follows:
Sec. 660.213 Fixed gear fishery--recordkeeping and reporting.
* * * * *
(d) * * *
(2) For participants in the sablefish primary season, the
cumulative limit period to which this requirement applies is April 1
through December 31 or, for an individual vessel owner, when the tier
limit for the permit(s) registered to the vessel has been reached,
whichever is earlier.
* * * * *
0
17. In Sec. 660.230, revise (c)(2)(i) through (iii) and add paragraph
(d)(11)(v) to read as follows:
Sec. 660.230 Fixed gear fishery--management measures.
* * * * *
(c) * * *
(2) * * *
(i) Coastwide--arrowtooth flounder, big skate, black rockfish,
blue/deacon rockfish, canary rockfish, darkblotched rockfish, Dover
sole, English sole, lingcod, longnose skate, longspine thornyhead,
petrale sole, minor nearshore rockfish, minor shelf rockfish, minor
slope rockfish, other fish, other flatfish, Pacific cod, Pacific
whiting, rougheye/blackspotted rockfish, sablefish, shortbelly
rockfish, shortraker rockfish, shortspine thornyhead, spiny dogfish,
starry flounder, widow rockfish, and yelloweye rockfish;
(ii) North of 40[deg]10' N lat.--cabezon (California), copper
rockfish (California), Oregon cabezon/kelp greenling complex, POP,
quillback rockfish (California), Washington cabezon/kelp greenling
complex, yellowtail rockfish; and
(iii) South of 40[deg]10' N lat.--blackgill rockfish, bocaccio,
bronzespotted rockfish, cabezon, California scorpionfish, chilipepper
rockfish, copper rockfish, cowcod, minor shallow nearshore rockfish,
minor deeper nearshore rockfish, Pacific sanddabs, quillback rockfish,
splitnose rockfish, and vermilion rockfish.
(d) * * *
(11) * * *
(v) It is lawful to fish within the non-trawl RCA seaward of Oregon
and California (between 46[deg]16' N lat. and the U.S./Mexico border)
with open access non-bottom contact hook-and-line gear configurations
as specified at Sec. 660.330(b)(3)(i-ii), subject to applicable
crossover provisions at Sec. 660.60(h)(7), and provided that a valid
declaration report as required at Sec. 660.13(d) has been filed with
NMFS OLE.
* * * * *
0
18. In Sec. 660.231, revise paragraphs (b)(1), (b)(3)(i), and
(b)(3)(iv) to read as follows:
Sec. 660.231 Limited entry fixed gear sablefish primary fishery.
* * * * *
(b) * * *--(1) Season dates. North of 36[deg] N lat., the sablefish
primary season for the limited entry, fixed gear, sablefish-endorsed
vessels begins at 12 noon local time on April 1 and closes at 12 noon
local time on December 31, or closes 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, unless otherwise
announced by the Regional Administrator through the routine management
measures process described at Sec. 660.60(c).
* * * * *
(3) * * *
(i) A vessel participating in the primary season will be
constrained by the sablefish cumulative limit associated with each of
the permits registered for use with that vessel. During the primary
season, each vessel authorized to fish in that season under paragraph
(a) of this section may take, retain, possess, and land sablefish, up
to the cumulative limits for each of the permits registered for use
with that vessel (i.e., stacked permits). If multiple limited entry
permits with sablefish endorsements are registered for use with a
single vessel, that vessel may land up to the total of all cumulative
limits announced in this paragraph for the tiers for those permits,
except as limited by paragraph (b)(3)(ii) of this section. Up to 3
permits may be registered for use with a single vessel during the
primary season; thus, a single vessel may not take and retain, possess
or land more than 3 primary season sablefish cumulative limits in any
one year. A vessel registered for use with multiple limited entry
permits is subject to per vessel limits for species other than
sablefish, and to per vessel limits when participating in the daily
trip limit fishery for sablefish under Sec. 660.232. In 2023, the
following annual limits are in effect: Tier 1 at 72,904 lb (33,069 kg),
Tier 2 at 33,138 lb (15,031 kg), and Tier 3 at 18,936 lb (8,589 kg). In
2024 and beyond, the following annual limits are in effect: Tier 1 at
66,805 lb (30,302 kg), Tier 2 at 30,366 lb (13,774 kg), and Tier 3 at
17,352 lb (7,871 kg).
* * * * *
(iv) Incidental Pacific halibut retention north of Pt. Chehalis, WA
(46[deg]53.30' N lat.). From April 1 through the closure date set by
the International Pacific Halibut Commission for Pacific halibut in all
commercial fisheries, vessels authorized to participate in the
sablefish primary fishery, licensed by the International Pacific
Halibut Commission for commercial fishing in Area 2A (waters off
Washington, Oregon, California), and fishing with longline gear north
of Pt. Chehalis, WA (46[deg]53.30' N lat.) may possess and land up to
150 lb (68 kg) dressed weight of Pacific halibut for every 1,000 lb
(454 kg) dressed weight of sablefish landed, and up to two additional
Pacific halibut in excess of the 150-lbs-per-1,000-pound limit per
landing. NMFS publishes the International Pacific Halibut Commission's
regulations setting forth annual management measures, including the
closure date for Pacific halibut in all commercial fisheries, in the
Federal Register by March 15 each year, 50 CFR 300.62. ``Dressed''
Pacific halibut in this area means halibut landed eviscerated with
their heads on. Pacific halibut taken and retained in the sablefish
primary fishery north of Pt. Chehalis may only be landed north of Pt.
Chehalis and may not be possessed or landed south of Pt. Chehalis.
* * * * *
0
19. Revise Table 2 (North) to part 660, subpart E, to read as follows:
Non-Trawl Rockfish Conservation Areas and Trip Limits for Limited Entry
Fixed Gear North of 40[deg]10' N Lat.
BILLING CODE 3510-22-P
[[Page 62712]]
[GRAPHIC] [TIFF OMITTED] TP14OC22.000
* * * * *
[[Page 62713]]
0
20. Review Table 2 (South) to part 660, subpart E, to read as follows:
[GRAPHIC] [TIFF OMITTED] TP14OC22.001
* * * * *
0
22. In Sec. 660.330, add paragraphs (b)(3) and (d)(12)(v), and revise
paragraphs (c)(2)(i) through (iii) to read as follows:
Sec. 660.330 Open access fishery--management measures.
* * * * *
(b) * * *
(3) Non-trawl RCA gear. Inside the non-trawl RCA, only legal non-
bottom contact hook-and-line gear configurations may be used for target
fishing for groundfish by vessels that participate in the directed open
access sector as defined at Sec. 660.11. Legal non-bottom contact
hook-and-line gear means stationary vertical jig gear attached to the
vessel and not anchored to the bottom, and groundfish troll gear,
subject to the specifications below.
(i) Stationary vertical jig gear. The following requirements apply
to stationary vertical jig gear:
(A) Must be a minimum of 50 feet between the bottom weight and the
lowest fishing hook;
(B) No more than 4 vertical mainlines may be used in the water at
one time with no more than 25 hooks on each mainline;
(C) No more than 100 hooks may be in the water at one time, with no
more than 25 extra hooks on board the vessel; and
(D) Natural bait or weighted hooks may not be used nor be on board
the vessel. Artificial lures and flies are permitted.
(ii) Groundfish troll gear. The following requirements apply to
groundfish troll gear:
(A) Must be a minimum of 50 feet between the bottom weight and the
troll
[[Page 62714]]
wire's connection to the horizontal mainline;
(B) No more than 1 mainline may be used in the water at one time;
(C) No more than 500 hooks may be in the water at one time, with no
more than 25 extra hooks on board the vessel;
(D) Hooks must be spaced apart by a visible maker (e.g., floats,
line wraps, colored line splices), with no more than 25 hooks between
each marker and no more than 20 markers on the mainline; and
(E) Natural bait or weighted hooks may not be used nor be on board
the vessel. Artificial lures and flies are permitted.
* * * * *
(c) * * *
(2) * * *
(i) Coastwide--arrowtooth flounder, big skate, black rockfish,
blue/deacon rockfish, canary rockfish, darkblotched rockfish, Dover
sole, English sole, lingcod, longnose skate, longspine thornyhead,
minor nearshore rockfish, minor shelf rockfish, minor slope rockfish,
other fish, other flatfish, Pacific cod, Pacific sanddabs, Pacific
whiting, petrale sole, shortbelly rockfish, shortraker rockfish,
rougheye/blackspotted rockfish, sablefish, shortspine thornyhead, spiny
dogfish, starry flounder, widow rockfish, and yelloweye rockfish;
(ii) North of 40[deg]10' N lat.--cabezon (California), copper
rockfish (California), Oregon cabezon/kelp greenling complex, POP,
quillback rockfish (California), Washington cabezon/kelp greenling
complex, yellowtail rockfish; and
(iii) South of 40[deg]10' N lat.--blackgill rockfish, bocaccio,
bronzespotted rockfish, cabezon, chilipepper rockfish, copper rockfish,
cowcod, minor shallow nearshore rockfish, minor deeper nearshore
rockfish, quillback rockfish, splitnose rockfish, and vermilion
rockfish.
(d) * * *
(12) * * *
(v) Target fishing for groundfish off Oregon and California
(between 46[deg]16' N. lat. and the U.S./Mexico border) is allowed
within the non-trawl RCA for vessels participating in the directed open
access sector as defined at Sec. 660.11, subject to the gear
restrictions at Sec. 660.330(b)(3)(i-ii), and provided a valid
declaration report as required at Sec. 660.13(d) has been filed with
NMFS OLE.
* * * * *
0
23. 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[deg]10' N Lat.
[[Page 62715]]
[GRAPHIC] [TIFF OMITTED] TP14OC22.002
* * * * *
[[Page 62716]]
0
24. 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[deg]10' N Lat.
[GRAPHIC] [TIFF OMITTED] TP14OC22.003
[[Page 62717]]
[GRAPHIC] [TIFF OMITTED] TP14OC22.004
* * * * *
0
25. Amend Sec. 660.360 by:
0
a. Adding paragraph (c)(3)(iv)(A) through (D);
0
b. Revising Table 1 to paragraph (c)(1)(i)(D), paragraphs (c)(1)(ii),
(c)(2)(i)(B), (c)(2)(iii)(D), (c)(3) introductory text, (c)(3)(i)(A),
(c)(3)(i)(B), (c)(3)(ii), (c)(3)(ii)(A)(1) through (5),
(c)(3)(iii)(A)(1) through (5), (c)(3)(iv), and (c)(3)(v)(A).
The additions and revisions read as follows:
Sec. 660.360 Recreational fishery--management measures.
* * * * *
(c) * * *
(1) * * *
(i) * * *
(D) * * *
[[Page 62718]]
[GRAPHIC] [TIFF OMITTED] TP14OC22.072
(ii) Rockfish. In areas of the EEZ seaward of Washington
(Washington Marine Areas 1-4) that are open to recreational groundfish
fishing, there is a 7 rockfish per day bag limit. Taking and retaining
yelloweye rockfish is prohibited in all Marine Areas. Taking and
retaining copper rockfish, quillback rockfish, and vermilion rockfish
is prohibited in all Marine Areas during May, June and July.
* * * * *
(2) * * *
(i) * * *
(B) Recreational rockfish conservation area (RCA). Fishing for
groundfish with recreational gear is prohibited within the recreational
RCA, a type of closed area or groundfish conservation area, except with
long-leader gear (as defined at Sec. 660.351). It is unlawful to take
and retain, possess, or land groundfish taken with recreational gear
within the recreational RCA, except with long-leader gear (as defined
at Sec. 660.351). A vessel fishing in the recreational RCA may not be
in possession of any groundfish unless otherwise stated. [For example,
if a vessel fishes in the recreational salmon fishery within the
recreational RCA, the vessel cannot be in possession of groundfish
while within the recreational RCA. The vessel may, however, on the same
trip fish for and retain groundfish shoreward of the recreational RCA
on the return trip to port.] Off Oregon, from January 1 through
December 31, recreational fishing for groundfish is allowed in all
depths. Coordinates approximating boundary lines at the 10-fm (18-m)
through 100-fm (183-m) depth contours can be found at Sec. 660.71
through Sec. 660.73.
* * * * *
(iii) * * *
(D) In the Pacific halibut fisheries. Retention of groundfish is
governed in part by annual management measures for Pacific halibut
fisheries, which are published in the Federal Register. Between the
Columbia River and Humbug Mountain, during days open to the ``all-
depth'' sport halibut fisheries, when Pacific halibut are onboard the
vessel, no groundfish, except sablefish, Pacific cod, and other species
of flatfish (sole, flounder, sanddab), may be taken and retained,
possessed or landed, except with long-leader gear (as defined at Sec.
660.351). ``All-depth'' season days are established in the annual
management measures for Pacific halibut fisheries, which are published
in the Federal Register and are announced on the NMFS Pacific halibut
hotline, 1-800-662-9825.
BILLING CODE 3510-22-C
* * * * *
(3) California. Seaward of California, for groundfish species not
specifically mentioned in this paragraph, fishers are subject to the
overall 20-fish bag limit for all species of finfish, of which no more
than 10 fish of any one species may be taken or possessed by any one
person. Petrale sole, Pacific sanddab, and starry flounder are not
subject to a bag limit. Recreational spearfishing for all federally-
managed groundfish, is exempt from closed areas and seasons, consistent
with Title 14 of the California Code of Regulations. This exemption
applies only to recreational vessels and divers provided no other
fishing gear, except spearfishing gear, is on board the vessel.
California state law may provide regulations similar to Federal
regulations for kelp greenlings. Retention of cowcod, yelloweye
rockfish, and bronzespotted rockfish, is prohibited in the recreational
fishery seaward of California all year in all
[[Page 62719]]
areas. Retention of species or species groups for which the season is
closed is prohibited in the recreational fishery seaward of California
all year in all areas, unless otherwise authorized in this section. For
each person engaged in recreational fishing in the EEZ seaward of
California, the following closed areas, seasons, bag limits, and size
limits apply:
(i) * * *
(A) Recreational rockfish conservation areas. The recreational RCAs
are areas that are closed to recreational fishing for certain
groundfish. Fishing for the California rockfish, cabezon, greenling
complex (RCG Complex), as defined in Sec. 660.360(c)(3)(ii), and
lingcod with recreational gear is prohibited within the recreational
RCA. It is unlawful to take and retain, possess, or land the RCG
Complex and lingcod taken with recreational gear within the
recreational RCA, unless otherwise authorized in this section. A vessel
fishing in the recreational RCA may not be in possession of any species
prohibited by the restrictions that apply within the recreational RCA.
For example, if a vessel fishes in the recreational salmon fishery
within the recreational RCA, the vessel cannot be in possession of the
RCG Complex and lingcod while in the recreational RCA. The vessel may,
however, on the same trip fish for and retain rockfish shoreward of the
recreational RCA on the return trip to port. If the season is closed
for a species or species group, fishing for that species or species
group is prohibited both within the recreational RCA and outside of the
recreational RCA, unless otherwise authorized in this section. In times
and areas where a recreational RCA is closed shoreward of a
recreational RCA line (i.e., when an ``off-shore only'' fishery is
active in that management area) possession or retention of nearshore
rockfish (defined as black rockfish, blue rockfish, black and yellow
rockfish, brown rockfish, China rockfish, copper rockfish, calico
rockfish, gopher rockfish, kelp rockfish, grass rockfish, olive
rockfish, quillback rockfish, and treefish), cabezon, and greenlings is
prohibited in all depths throughout the area; and possession and
retention of all rockfish, cabezon, greenlings, and lingcod is
prohibited shoreward of the recreational RCA boundary line, except that
vessels may transit through waters shoreward of the recreational RCA
line with no fishing gear in the water. Coordinates approximating
boundary lines at the 30 fm (55 m) through 100 fm (183 m) depth
contours can be found at Sec. 660.71 through Sec. 660.73. The
recreational fishing season structure and RCA depth boundaries seaward
of California by management area and month are as follows:
(1) Between 42[deg] N lat. (California/Oregon border) and
40[deg]10' N lat. (Northern Management Area), recreational fishing for
the RCG Complex and lingcod is closed from January 1 through May 14, is
open at all depths from May 15 through October 15, and is closed
October 16 through December 31.
(2) Between 40[deg]10' N lat. and 38[deg]57.50' N lat. (Mendocino
Management Area), recreational fishing for the RCG Complex and lingcod
is closed from January 1 through May 14; prohibited in the EEZ
shoreward of the boundary line approximating the 50 fm (91 m) depth
contour along the mainland coast and along islands and offshore
seamounts from May 15 through July 15 (seaward of 50 fm is open), and
is open at all depths from July 16 through December 31.
(3) Between 38[deg]57.50' N lat. and 37[deg]11' N lat. (San
Francisco Management Area), recreational fishing for the RCG Complex
and lingcod s closed from January 1 through May 14; is prohibited in
the EEZ shoreward of the boundary line approximating the 50 fm (91 m)
depth contour along the mainland coast and along islands and offshore
seamounts from May 15 through July 15 (seaward of 50 fm is open), and
is open at all depths from July 16 through December 31. Closures around
Cordell Bank (see paragraph (c)(3)(i)(C) of this section) also apply in
this area.
(4) Between 37[deg]11' N lat. and 34[deg]27' N lat. (Central
Management Area), recreational fishing for the RCG Complex and lingcod
is closed from January 1 through April 30, is open at all depths from
May 1 through September 30; and is prohibited in the EEZ shoreward of a
boundary line approximating the 50 fm (91 m) depth contour along the
mainland coast and along islands and offshore seamounts from October 1
through December 31 (seaward of 50 fm is open).
(5) South of 34[deg]27' N lat. (Southern Management Area),
recreational fishing for the RCG Complex and lingcod is closed from
January 1 through March 31, open at all depths from April 1 through
September 15; and is prohibited in the EEZ shoreward of a boundary line
approximating the 50 fm (91 m) depth contour from September 16 through
December 31 along the mainland coast and along islands and offshore
seamounts (seaward of 50 fm is open), except in the CCAs where fishing
is prohibited seaward of the 40 fm (73 m) depth contour when the
fishing season is open (see paragraph (c)(3)(i)(B) of this section).
(B) Cowcod conservation areas. The latitude and longitude
coordinates of the Cowcod Conservation Areas (CCAs) boundaries are
specified at Sec. 660.70. Recreational fishing for all groundfish is
prohibited within the CCAs, except as specified in this paragraph.
Fishing for California scorpionfish, petrale sole, starry flounder, and
``Other Flatfish'' is permitted within the CCAs as specified in
paragraphs (c)(3)(iv) and (c)(3)(v) of this section. Recreational
fishing for the following species is permitted shoreward of the
boundary line approximating the 40 fm (37 m) depth contour when the
season, as specified in paragraphs (c)(3)(ii)(A)(5) and
(c)(3)(iii)(A)(5) of this section, for those species is open south of
34[deg]27' N lat.: Minor nearshore rockfish, cabezon, kelp greenling,
lingcod, and shelf rockfish. Retention of all groundfish except
California scorpionfish, petrale sole, starry flounder, and ``Other
Flatfish'', is prohibited within the CCA. Coordinates for the boundary
line approximating the 40 fm (73 m) depth contour are listed in Sec.
660.71. It is unlawful to take and retain, possess, or land groundfish
taken within the CCAs, except for species authorized in this section.
* * * * *
(ii) RCG complex. The California rockfish, cabezon, greenling
complex (RCG Complex) includes all rockfish, kelp greenling, rock
greenling, and cabezon. This category does not include California
scorpionfish, also known as ``sculpin''.
(A) * * *
(1) Between 42[deg] N lat. (California/Oregon border) and
40[deg]10' N lat. (North Management Area), recreational fishing for the
RCG complex is open from May 15 through October 15 (i.e., recreational
fishing for the RCG complex is closed from January 1 through May 14,
and October 16 through December 31).
(2) Between 40[deg]10' N lat. and 38[deg]57.50' N lat. (Mendocino
Management Area), recreational fishing for the RCG Complex is open from
May 15 through December 31 (i.e., recreational fishing for the RCG
complex is closed from January 1 through May 14).
(3) Between 38[deg]57.50' N lat. and 37[deg]11' N lat. (San
Francisco Management Area), recreational fishing for the RCG complex is
open from May 15 through December 31 (i.e., recreational fishing for
the RCG complex is closed from January 1 through May 14).
(4) Between 37[deg]11' N lat. and 34[deg]27' N lat. (Central
Management Area),
[[Page 62720]]
recreational fishing for the RCG complex is open from May 1 through
December 31 (i.e., recreational fishing for the RCG complex is closed
from January 1 through April 30).
(5) South of 34[deg]27' N lat. (Southern Management Area),
recreational fishing for the RCG Complex is open from April 1 through
December 31 (i.e., recreational fishing for the RCG complex is closed
from January 1 through the March 31).
* * * * *
(iii) * * *
(A) * * *
(1) Between 42[deg] N lat. (California/Oregon border) and
40[deg]10' N lat. (Northern Management Area), recreational fishing for
lingcod is open from May 15 through October 15 (i.e., recreational
fishing for lingcod is closed from January 1 through May 14, and
October 16 through December 31).
(2) Between 40[deg]10' N lat. and 38[deg]57.50' N lat. (Mendocino
Management Area), recreational fishing for lingcod is open from May 15
through December 31 (i.e., recreational fishing for lingcod is closed
from January 1 through May 14).
(3) Between 38[deg]57.50' N lat. and 37[deg]11' N lat. (San
Francisco Management Area), recreational fishing for lingcod is open
from May 15 through December 31 (i.e., recreational fishing for lingcod
is closed from January 1 through May 14).
(4) Between 37[deg]11' N lat. and 34[deg]27' N lat. (Central
Management Area), recreational fishing for lingcod is open from May 1
through December 31 (i.e., recreational fishing for lingcod is closed
from January 1 through April 30).
(5) South of 34[deg]27' N lat. (Southern Management Area),
recreational fishing for lingcod is open from April 1 through December
31 (i.e., recreational fishing for lingcod is closed from January 1
through March 31)
* * * * *
(iv) ``Other Flatfish,'' petrale sole, and starry flounder. ``Other
Flatfish'' are defined at Sec. 660.11, and include butter sole,
curlfin sole, flathead sole, Pacific sanddab, rex sole, rock sole, and
sand sole.
(A) Seasons. Recreational fishing for ``Other Flatfish,'' petrale
sole, and starry flounder is open from January 1 through December 31.
When recreational fishing for ``Other Flatfish,'' petrale sole, and
starry flounder is open, it is permitted both outside and within the
recreational RCAs described in paragraph (c)(3)(i) of this section and
the CCAs described in paragraph (c)(3)(i)(B) of this section.
(B) Bag limits, hook limits. In times and areas where the
recreational season for ``Other Flatfish,'' petrale sole, and starry
flounder is open, ``Other Flatfish'' are subject to the overall 20-fish
bag limit for all species of finfish, of which there may be no more
than 10 fish of any one species; there is no daily bag limit for
petrale sole, starry flounder and Pacific sanddab.
(C) Size limits. There are no size limits for ``Other Flatfish,''
petrale sole, and starry flounder.
(D) Dressing/Filleting. ``Other Flatfish,'' petrale sole, and
starry flounder may be filleted at sea. Fillets may be of any size, but
must bear intact a one-inch (2.6 cm) square patch of skin.
(v) * * *
(A) Seasons. When recreational fishing for California scorpionfish
is open, it is permitted both outside of and within the recreational
RCAs described in paragraph (c)(3)(i) of this section. Recreational
fishing for California scorpionfish is open from January 1 through
December 31.
* * * * *
[FR Doc. 2022-20430 Filed 10-13-22; 8:45 am]
BILLING CODE 3510-22-P