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; Correcting Amendment, 12865-12868 [2023-03889]
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Federal Register / Vol. 88, No. 40 / Wednesday, March 1, 2023 / Rules and Regulations
require the approval of the Office of
Management and Budget under the
Paperwork Reduction Act (44 U.S.C.
chapter 35).
DEPARTMENT OF COMMERCE
List of Subjects in 48 CFR Part 242
50 CFR Part 660
National Oceanic and Atmospheric
Administration
Government procurement.
[Docket No. 230217–0046]
Jennifer D. Johnson,
Editor/Publisher, Defense Acquisition
Regulations System.
RIN 0648–BL48
Therefore, 48 CFR 242 is amended as
follows:
PART 242—CONTRACT
ADMINISTRATION AND AUDIT
SERVICES
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Final rule; correcting
amendment.
AGENCY:
1. The authority citation for 48 CFR
242 continues to read as follows:
■
Authority: 41 U.S.C. 1303 and 48 CFR
chapter 1.
2. Add section 242.708 to read as
follows:
■
242.708
(a) Defense Contract Management
Agency administrative contracting
officers are authorized to negotiate the
settlement of direct and indirect costs
for a specific contract, task order, or
delivery order to be closed in advance
of the determination of final direct costs
and indirect rates set forth in FAR
42.705, regardless of the dollar value or
percentage of unsettled direct or
indirect costs allocable to the contract,
task order, or delivery order.
(2) In lieu of the thresholds at FAR
42.708(a)(2)(i) and (ii), the amount of
unsettled direct costs and indirect costs
to be allocated to the contract, task
order, or delivery order will be
considered relatively insignificant when
the total unsettled direct costs and
indirect costs to be allocated to any one
contract, task order, or delivery order do
not exceed $2 million, regardless of the
total contract, task order, or delivery
order amount.
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NMFS is correcting the 2023–
2024 harvest specifications and
management measures for groundfish
caught in the U.S. exclusive economic
zone seaward of Washington, Oregon,
and California published on December
16, 2022. These corrections are
necessary so the regulations accurately
implement the intent of the Pacific
Fishery Management Council.
DATES: This correction is effective
March 1, 2023. As of March 1, 2023, the
revision to § 660.360(c)(2)(i)(D) in
amendatory instruction 18, of the final
rule published December 11, 2020, at 85
FR 79880, is withdrawn.
ADDRESSES: This rule is accessible at the
Office of the Federal Register website at
https://www.federalregister.gov.
Background information and documents
are available at the NMFS West Coast
Region website at https://
www.fisheries.noaa.gov/action/
amendment-30-pacific-coastgroundfish-fishery-management-plan2023-2024-harvest and 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: The
Pacific Coast Groundfish Fishery
Management Plan (PCGFMP) and its
implementing regulations at title 50 in
the Code of Federal Regulations (CFR),
part 660, subparts C through G, regulate
fishing for over 90 species of groundfish
seaward of Washington, Oregon, and
California. The Pacific Fishery
Management Council (Council)
SUMMARY:
Quick-closeout procedure.
[FR Doc. 2023–04027 Filed 2–28–23; 8:45 am]
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; Correcting
Amendment
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12865
develops groundfish harvest
specifications and management
measures for 2 year periods (i.e., a
biennium). NMFS published the final
rule to implement harvest specifications
and management measures for the
2023–2024 biennium for most species
managed under the PCGFMP on
December 16, 2022 (87 FR 77007). That
final rule was effective January 1, 2023.
After publication of the final rule,
NMFS noted the need for corrections to
accurately implement the intent of the
Council.
Corrections
The final rule inadvertently omitted
clarifications regarding declaration
codes for non-bottom contact hook and
line gear for groundfish (e.g., troll, jig
gear, rod and reel gear) (declaration
code 35), open access non-bottom
contact stationary vertical jig gear
(declaration code 36) and open access
non-bottom contact troll gear
(declaration code 37). The final rule
implementing requirements for a
Federal non-trawl logbook (87 FR
59724, October 3, 2022) revised and
added declaration codes to ensure codes
better aligned with the gear profiles
described in the electronic non-trawl
logbook application. The final rule
implementing harvest specifications and
management measures for the 2023–
2024 biennium (87 FR 77007, December
16, 2022) allowed for vessels in the
directed open access fishery targeting
groundfish to operate inside the nontrawl Rockfish Conservation Area (NT–
RCA) from 46°16′ N lat. to the U.S./
Mexico border with non-bottom contact
hook-and-line gear only. The final rule
inadvertently did not add clarifying
language to the declaration codes to
indicate which codes could be used to
fish inside the NT–RCA. This correcting
amendment revises
§ 660.13(d)(4)(iv)(A)(27) through (29) to
clarify that declaration code 35 may be
used only outside the NT–RCA, and
declaration codes 36 and 37 may be
used inside and outside of the NT–RCA.
After the final rule was published,
NMFS received questions on which
declaration code applies when fishing
inside or outside the NT–RCA. This
non-substantive clarification is
consistent with the intent described in
the preamble of the final rule. It
provides needed clarity around the
requirements for non-trawl RCA access
implemented in the final rule.
On page 77016 of the final rule,
paragraph (o)(219) mistakenly republished the existing text at that time
instead of revised text. On page 77020
of the final rule, paragraph (q)(4) also
mistakenly re-published the existing
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Federal Register / Vol. 88, No. 40 / Wednesday, March 1, 2023 / Rules and Regulations
text at that time instead of revised text.
The need for the intended revisions was
described on page 77013 of the final
rule in the section ‘‘Changes from the
Proposed Rule’’ and would move two
boundary line waypoints from locations
outside the Exclusive Economic Zone
(EEZ) to inside the EEZ. However, the
revisions were mistakenly omitted in
the regulatory text. This correcting
amendment revises § 660.71(o)(219) and
§ 660.74(q)(4), consistent with the final
rule.
On page 77020 of the final rule,
paragraph (p)(7) inadvertently omitted
an ‘‘and’’ at the end of the
subparagraph, as is the convention in
these regulations. Adding ‘‘and’’ to the
end of this paragraph is an
administrative change for clarity. This
correcting amendment adds the word
‘‘and’’ to § 660.74(p)(7).
The final rule mistakenly omitted
lingcod south of 40°10′ N lat. from the
list of Individual Fishing Quota species
allocated through the biennial
specifications and management
measures process. This correcting
amendment revises the list at § 660.140
(c)(3)(iv) to include lingcod south of
40°10′ N lat. consistent with the
intentions described in the preamble of
the final rule and Section 6.3.2 of the
PCGFMP, and alphabetizes the list for
clarity.
This correcting amendment revises
Table 1c and Table 2c to § 660, subpart
C to address formatting errors and
increase clarity for the public regarding
the allocations for sablefish north of 36°
N lat.
At its June 2022 meeting, the Council
adopted a management measure
allowing directed open access fishery
vessels to fish inside and outside of the
non-trawl RCA on the same trip but
those vessels can only carry one type of
legal non-bottom contact hook-and-line
gear on-board the vessel when fishing
occurs in the NT–RCA; no other gear
type may be on deck vessel or stowed.
These provisions were adopted by the
Council based on recommendations
from the Groundfish Management Team
(GMT) in its June 2022 Report (Agenda
Item f.6.a, Supplemental GMT Report 3).
The section of the GMT report on this
management measure refers to a June
2022 NMFS report (Agenda Item f.6.a,
NMFS Report 1) which describes the
management measure exactly as it is
being implemented in this correcting
amendment. Therefore, it was the clear
intent of the Council to adopt this
management measure as it is being
implemented in this rule. The preamble
to the proposed rule (87 FR 62676,
October 14, 2022), in Section III.J,
specifically discusses the management
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measure that the Council adopted as
being part of the regulations
implemented through the proposed rule.
However, NMFS inadvertently omitted
these provisions from the proposed
regulatory text and therefore the
management measure was mistakenly
not included in the final rule. This
correcting amendment, which adds
these provisions at § 660.330(b)(3), is
necessary to ensure the regulations are
consistent with the intent of the Council
and the expectation of the public.
The final rule defined legal nonbottom contact hook-and-line gear to
include stationary vertical jig gear
‘‘attached to the vessel.’’ This
management measure was adopted by
the Council based on recommendations
from the GMT in its June 2022 Report
(Agenda Item f.6.a, Supplemental GMT
Report 3). The section of the GMT report
on this management measure refers to a
June 2022 NMFS report (Agenda Item
f.6.a, NMFS Report 1) which includes
the phrase ‘‘attached to the vessel.’’
However, the intent of the Council, as
described in the June 2022 NMFS report
and an April 2022 NMFS Report
(Agenda Item F.4.a, Supplemental
NMFS Report 1), was to allow the use
of stationary jig gear inside the nontrawl RCA in gear configurations that
had been tested through the Emley-Platt
Exempted Fishing Permit, which
included vessels fishing with stationary
jig gear, not just jig gear attached to the
vessel (stationary jig gear includes both
gear attached to the vessel and gear
fished by hand). After the publication of
the final rule, fishermen raised concerns
and confusion over whether this phrase
could be interpreted as only allowing
fishing with gear physically attached to
the vessel and not allowing fishing with
gear fished from the vessel but
unattached. NMFS and NMFS Office of
Law Enforcement reviewed the concerns
of the fishermen and agree that this
provision mistakenly would exclude
jigging from a hand-held rod inside the
non-trawl RCA. By including the phrase
‘‘attached to the vessel’’, the final rule
inadvertently imposed a restriction that
was not intended by the Council. This
phrase unintentionally adds a
restriction that was not anticipated by
the public, is causing confusion by
fishery participants, and raises
questions for how to enforce the
provision. In order to correct this error,
this correcting amendment corrects the
definition at § 660.330(b)(3) by
removing the phrase ‘‘attached to the
vessel.’’ The final rule mistakenly
deleted recreational fishery regulations
seaward of California for the Rockfish,
Cabezon, and Greenling (RCG) complex
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from the CFR due to a technical error in
the amendatory instruction. The
mistaken amendatory instruction
revised paragraph (c)(3)(ii) but
inadvertently deleted all the
subparagraphs within (c)(3)(ii),
including the revised subparagraphs
that were included in the final rule.
This correcting amendment reinstates
all subparagraphs within § 660.360
(c)(3)(ii), including those that were
revised in the final rule, to make the
regulations for the RCG complex
consistent with those published in the
proposed rule and recommended by the
Council.
Classification
NMFS is issuing this rule pursuant to
304(b) of the Magnuson-Stevens Fishery
Conservation and Management Act
(MSA). The NMFS Assistant
Administrator for Fisheries (AA) has
determined that this final rule is
consistent with the PCGFMP and other
applicable law.
Pursuant to 5 U.S.C. 553(b)(B), the AA
finds there is good cause to waive prior
notice and an opportunity for public
comment on this action, as notice and
comment would be unnecessary and
contrary to public interest in clear and
accurate regulations. This action
corrects inadvertent errors and makes
necessary clarifications for to the
December 16, 2022 final rule (87 FR
77007). Expeditious correction of the
errors and clarification is necessary to
prevent confusion among participants in
the fishery, as the fishery has already
begun. In addition, notice and comment
is unnecessary because this notice
makes only minor changes to correct
inadvertent errors and make minor
clarifications related to the December
16, 2022 final rule (87 FR 77007). These
corrections will not affect the results of
analyses conducted to support
management decisions in the Pacific
Coast groundfish fishery. These
corrections are consistent with the
Council’s intent for regulations, and the
public expects the regulations to be
written as in the correction. No change
in operating practices in the fishery is
required.
Similarly, the AA has determined
good cause exists to waive the 30-day
delay in effectiveness pursuant to 5
U.S.C. 553(d). The changes in this
action should be effective immediately
to prevent further confusion among
participants in the fishery. This notice
makes only minor corrections to the
final rule which was effective January 1,
2023. Delaying effectiveness of these
corrections would result in conflicts in
the regulations and confusion among
fishery participants.
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Federal Register / Vol. 88, No. 40 / Wednesday, March 1, 2023 / Rules and Regulations
Because prior notice and an
opportunity for public comment are not
required to be provided for this rule by
5 U.S.C. 553, or any other law, the
analytical requirements of the
Regulatory Flexibility Act, 5 U.S.C. 601
et seq., are not applicable. Accordingly,
no Regulatory Flexibility Analysis is
required for this rule and none has been
prepared.
This final rule is not significant under
Executive Order 12866.
This final rule contains no
information collection requirements
under the Paperwork Reduction Act of
1995.
List of Subjects in 50 CFR Part 660
Fisheries and Fishing.
Dated: February 21, 2023.
Samuel D. Rauch, III,
Deputy Assistant Administrator for
Regulatory Programs, National Marine
Fisheries Service.
For the reasons set out in the
preamble, 50 CFR part 660 is corrected
by making the following amendments:
PART 660—FISHERIES OFF WEST
COAST STATES
§ 660.71 Latitude/longitude coordinates
defining the 10-fm (18-m) through 40-fm (73m) depth contours.
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. In § 660.13, revise paragraphs
(d)(4)(iv)(A)(27) through (29) to read as
follows:
■
§ 660.13
Recordkeeping and reporting.
*
*
*
*
*
(d) * * *
(4) * * *
(iv) * * *
(A) * * *
(27) Open access non-bottom contact
hook and line gear for groundfish (e.g.,
troll, jig gear, rod & reel gear) (outside
the non-trawl RCA only) (declaration
code 35);
(28) Open access non-bottom contact
stationary vertical jig gear (allowed
inside or outside the non-trawl RCA)
(declaration code 36);
(29) Open access non-bottom contact
troll gear (allowed inside or outside the
non-trawl RCA) (declaration code 37);
*
*
*
*
*
■ 3. In § 660.71, revise paragraph
(o)(219) as follows:
*
*
*
*
(o) * * *
*
*
*
*
*
(219) 32°33.33′ N lat., 117°16.45′ W
long.;
*
*
*
*
*
4. In § 660.74, revise paragraphs (p)(7)
and (q)(4) to read as follows:
■
§ 660.74 Latitude/longitude coordinates
defining the 180 fm (329 m) through 250 fm
(457 m) depth contours.
*
*
*
*
*
(p) * * *
*
*
*
*
*
(7) 33°25.79′ N lat., 118°02.25′ W
long.; and
*
*
*
*
*
(q) * * *
*
*
*
*
*
(4) 32°37.14′ N lat., 117°44.94′ W
long.;
*
*
*
*
*
5. Revise Table 1c to part 660, subpart
C, to read as follows:
■
TABLE 1c. TO PART 660, SUBPART C—SABLEFISH NORTH OF 36° N LAT. ALLOCATIONS, 2023
[Weight in metric tons]
Set-asides
Year
Research
Recreational
estimate
EFP
Tribal a
849
30.7
6
1
ACL
2023 ......................
Year
8,486
LE all
2023 ......................
6,885
Limited entry
Limited entry HG
Commercial
HG
Percent
mt
7,600
90.6
6,885
trawl c
Limited entry fixed
Open access HG
Percent
mt b
9.4
714
gear d
All trawl
At-sea whiting
Shorebased IFQ
All FG
Primary
DTL
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.
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.
■ 6. Revise Table 2c to Part 660, Subpart
C, to read as follows:
TABLE 2c. TO PART 660, SUBPART C—SABLEFISH NORTH OF 36° N. LAT. ALLOCATIONS, 2024 AND BEYOND
[Weights in metric tons]
Set-asides
Year
Tribal a
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EFP
Research
Recreational
estimate
30.7
6
1
ACL
2024 ......................
7,780
Year
LE all
2024 ......................
6,309
778
Limited entry HG
Percent
mt
Percent
mt b
6,964
90.6
6,309
9.4
665
Limited entry trawl c
Limited entry fixed gear d
All trawl
At-sea whiting
Shorebased IFQ
All FG
Primary
DTL
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.
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Commercial
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7. In § 660.140, revise paragraph
(c)(3)(iv) to read as follows:
■
§ 660.140
Shorebased IFQ Program.
*
*
*
*
*
(c) * * *
(3) * * *
(iv) The remaining IFQ species
(bocaccio, canary rockfish, cowcod,
darkblotched rockfish, lingcod S of
40°10′ N lat., minor shelf rockfish N of
40°10′ N lat., minor shelf rockfish S of
40°10′ N lat., and minor slope rockfish
S of 40°10′ N lat., POP, widow rockfish,
and yelloweye rockfish) are allocated
through the biennial specifications and
management measures process minus
any set-asides for the mothership and C/
P sectors for that species.
*
*
*
*
*
■ 8. In § 660.330, revise paragraph (b)(3)
introductory text to read as follows:
§ 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 § 660.11. On a
fishing trip where any fishing will occur
inside the non-trawl RCA, only one type
of legal non-bottom contact gear may be
carried on board, and no other fishing
gear of any type may be carried on board
or stowed during that trip. The vessel
may fish inside and outside the nontrawl RCA on the same fishing trip,
provided a valid declaration report as
required at § 660.13(d) has been filed
with NMFS OLE. Legal non-bottom
contact hook-and-line gear means
stationary vertical jig gear not anchored
to the bottom, and groundfish troll gear,
subject to the specifications in
paragraphs (b)(3)(i) and (ii) of this
section.
*
*
*
*
*
■ 9. In § 660.360, revise paragraph
(c)(3)(ii) to read as follows:
§ 660.360 Recreational fishery—
management measures.
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*
*
*
*
*
(c) * * *
(3) * * *
(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) Seasons. When recreational
fishing for the RCG complex is open, it
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is permitted only outside of the
recreational RCAs described in
paragraph (c)(3)(i) of this section.
(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),
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 March 31).
(B) Bag limits, hook limits. In times
and areas when the recreational season
for the RCG Complex is open, there is
a limit of 2 hooks and 1 line when
fishing for the RCG complex. The bag
limit is 10 RCG Complex fish per day
coastwide, with a sub-bag limit of 4 fish
for vermilion rockfish, 1 fish for
quillback rockfish, and 1 fish for copper
rockfish. These sub-bag limits count
towards the bag limit for the RCG
Complex and are not in addition to that
limit. Retention of yelloweye rockfish,
bronzespotted rockfish, and cowcod is
prohibited. Multi-day limits are
authorized by a valid permit issued by
California and must not exceed the daily
limit multiplied by the value of days in
the fishing trip.
(C) Size limits. The following size
limits apply: cabezon may be no smaller
than 15 in (38 cm) total length; and kelp
and other greenling may be no smaller
than 12 in (30 cm) total length.
(D) Dressing/filleting. Cabezon, kelp
greenling, and rock greenling taken in
the recreational fishery may not be
filleted at sea. Rockfish skin may not be
removed when filleting or otherwise
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dressing rockfish taken in the
recreational fishery.
*
*
*
*
*
[FR Doc. 2023–03889 Filed 2–28–23; 8:45 am]
BILLING CODE 3510–22–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 679
[Docket No. 220216–0049; RTID 0648–
XC693]
Fisheries of the Exclusive Economic
Zone Off Alaska; Pacific Cod by
Vessels Using Pot Gear in the Central
Regulatory Area of the Gulf of Alaska
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Temporary rule; closure.
AGENCY:
NMFS is prohibiting directed
fishing for Pacific cod by vessels using
pot gear in the Central Regulatory Area
of the Gulf of Alaska (GOA). This action
is necessary to prevent exceeding the A
season allowance of the 2023 total
allowable catch (TAC) of Pacific cod by
vessels using pot gear in the Central
Regulatory Area of the GOA.
DATES: Effective 1200 hours, Alaska
local time (A.l.t.), February 26, 2023,
through 1200 hours, A.l.t., June 10,
2023.
SUMMARY:
FOR FURTHER INFORMATION CONTACT:
Abby Jahn, 907–586–7228.
NMFS
manages the groundfish fishery in the
GOA exclusive economic zone
according to the Fishery Management
Plan for Groundfish of the Gulf of
Alaska (FMP) prepared by the North
Pacific Fishery Management Council
under authority of the MagnusonStevens Fishery Conservation and
Management Act. Regulations governing
fishing by U.S. vessels in accordance
with the FMP appear at subpart H of 50
CFR part 600 and 50 CFR part 679.
The A season allowance of the 2023
Pacific cod TAC apportioned to vessels
using pot gear in the Central Regulatory
Area of the GOA is 1,963 metric tons
(mt) as established by the final 2022 and
2023 harvest specifications for
groundfish in the GOA (87 FR 11599,
March 2, 2022) and inseason adjustment
(87 FR 80088, December 29, 2022).
In accordance with § 679.20(d)(1)(i),
the Regional Administrator has
determined that the A season allowance
of the 2023 Pacific cod TAC
SUPPLEMENTARY INFORMATION:
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]]>Agencies
[Federal Register Volume 88, Number 40 (Wednesday, March 1, 2023)]
[Rules and Regulations]
[Pages 12865-12868]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-03889]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 660
[Docket No. 230217-0046]
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; Correcting Amendment
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Final rule; correcting amendment.
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SUMMARY: NMFS is correcting the 2023-2024 harvest specifications and
management measures for groundfish caught in the U.S. exclusive
economic zone seaward of Washington, Oregon, and California published
on December 16, 2022. These corrections are necessary so the
regulations accurately implement the intent of the Pacific Fishery
Management Council.
DATES: This correction is effective March 1, 2023. As of March 1, 2023,
the revision to Sec. 660.360(c)(2)(i)(D) in amendatory instruction 18,
of the final rule published December 11, 2020, at 85 FR 79880, is
withdrawn.
ADDRESSES: This rule is accessible at the Office of the Federal
Register website at https://www.federalregister.gov. Background
information and documents are available at the NMFS West Coast Region
website at https://www.fisheries.noaa.gov/action/amendment-30-pacific-coast-groundfish-fishery-management-plan-2023-2024-harvest and 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: The Pacific Coast Groundfish Fishery
Management Plan (PCGFMP) and its implementing regulations at title 50
in the Code of Federal Regulations (CFR), part 660, subparts C through
G, regulate fishing for over 90 species of groundfish seaward of
Washington, Oregon, and California. The Pacific Fishery Management
Council (Council) develops groundfish harvest specifications and
management measures for 2 year periods (i.e., a biennium). NMFS
published the final rule to implement harvest specifications and
management measures for the 2023-2024 biennium for most species managed
under the PCGFMP on December 16, 2022 (87 FR 77007). That final rule
was effective January 1, 2023. After publication of the final rule,
NMFS noted the need for corrections to accurately implement the intent
of the Council.
Corrections
The final rule inadvertently omitted clarifications regarding
declaration codes for non-bottom contact hook and line gear for
groundfish (e.g., troll, jig gear, rod and reel gear) (declaration code
35), open access non-bottom contact stationary vertical jig gear
(declaration code 36) and open access non-bottom contact troll gear
(declaration code 37). The final rule implementing requirements for a
Federal non-trawl logbook (87 FR 59724, October 3, 2022) revised and
added declaration codes to ensure codes better aligned with the gear
profiles described in the electronic non-trawl logbook application. The
final rule implementing harvest specifications and management measures
for the 2023-2024 biennium (87 FR 77007, December 16, 2022) allowed for
vessels in the directed open access fishery targeting groundfish to
operate inside the non-trawl Rockfish Conservation Area (NT-RCA) from
46[deg]16' N lat. to the U.S./Mexico border with non-bottom contact
hook-and-line gear only. The final rule inadvertently did not add
clarifying language to the declaration codes to indicate which codes
could be used to fish inside the NT-RCA. This correcting amendment
revises Sec. 660.13(d)(4)(iv)(A)(27) through (29) to clarify that
declaration code 35 may be used only outside the NT-RCA, and
declaration codes 36 and 37 may be used inside and outside of the NT-
RCA. After the final rule was published, NMFS received questions on
which declaration code applies when fishing inside or outside the NT-
RCA. This non-substantive clarification is consistent with the intent
described in the preamble of the final rule. It provides needed clarity
around the requirements for non-trawl RCA access implemented in the
final rule.
On page 77016 of the final rule, paragraph (o)(219) mistakenly re-
published the existing text at that time instead of revised text. On
page 77020 of the final rule, paragraph (q)(4) also mistakenly re-
published the existing
[[Page 12866]]
text at that time instead of revised text. The need for the intended
revisions was described on page 77013 of the final rule in the section
``Changes from the Proposed Rule'' and would move two boundary line
waypoints from locations outside the Exclusive Economic Zone (EEZ) to
inside the EEZ. However, the revisions were mistakenly omitted in the
regulatory text. This correcting amendment revises Sec. 660.71(o)(219)
and Sec. 660.74(q)(4), consistent with the final rule.
On page 77020 of the final rule, paragraph (p)(7) inadvertently
omitted an ``and'' at the end of the subparagraph, as is the convention
in these regulations. Adding ``and'' to the end of this paragraph is an
administrative change for clarity. This correcting amendment adds the
word ``and'' to Sec. 660.74(p)(7).
The final rule mistakenly omitted lingcod south of 40[deg]10' N
lat. from the list of Individual Fishing Quota species allocated
through the biennial specifications and management measures process.
This correcting amendment revises the list at Sec. 660.140 (c)(3)(iv)
to include lingcod south of 40[deg]10' N lat. consistent with the
intentions described in the preamble of the final rule and Section
6.3.2 of the PCGFMP, and alphabetizes the list for clarity.
This correcting amendment revises Table 1c and Table 2c to Sec.
660, subpart C to address formatting errors and increase clarity for
the public regarding the allocations for sablefish north of 36[deg] N
lat.
At its June 2022 meeting, the Council adopted a management measure
allowing directed open access fishery vessels to fish inside and
outside of the non-trawl RCA on the same trip but those vessels can
only carry one type of legal non-bottom contact hook-and-line gear on-
board the vessel when fishing occurs in the NT-RCA; no other gear type
may be on deck vessel or stowed. These provisions were adopted by the
Council based on recommendations from the Groundfish Management Team
(GMT) in its June 2022 Report (Agenda Item f.6.a, Supplemental GMT
Report 3). The section of the GMT report on this management measure
refers to a June 2022 NMFS report (Agenda Item f.6.a, NMFS Report 1)
which describes the management measure exactly as it is being
implemented in this correcting amendment. Therefore, it was the clear
intent of the Council to adopt this management measure as it is being
implemented in this rule. The preamble to the proposed rule (87 FR
62676, October 14, 2022), in Section III.J, specifically discusses the
management measure that the Council adopted as being part of the
regulations implemented through the proposed rule. However, NMFS
inadvertently omitted these provisions from the proposed regulatory
text and therefore the management measure was mistakenly not included
in the final rule. This correcting amendment, which adds these
provisions at Sec. 660.330(b)(3), is necessary to ensure the
regulations are consistent with the intent of the Council and the
expectation of the public.
The final rule defined legal non-bottom contact hook-and-line gear
to include stationary vertical jig gear ``attached to the vessel.''
This management measure was adopted by the Council based on
recommendations from the GMT in its June 2022 Report (Agenda Item
f.6.a, Supplemental GMT Report 3). The section of the GMT report on
this management measure refers to a June 2022 NMFS report (Agenda Item
f.6.a, NMFS Report 1) which includes the phrase ``attached to the
vessel.'' However, the intent of the Council, as described in the June
2022 NMFS report and an April 2022 NMFS Report (Agenda Item F.4.a,
Supplemental NMFS Report 1), was to allow the use of stationary jig
gear inside the non-trawl RCA in gear configurations that had been
tested through the Emley-Platt Exempted Fishing Permit, which included
vessels fishing with stationary jig gear, not just jig gear attached to
the vessel (stationary jig gear includes both gear attached to the
vessel and gear fished by hand). After the publication of the final
rule, fishermen raised concerns and confusion over whether this phrase
could be interpreted as only allowing fishing with gear physically
attached to the vessel and not allowing fishing with gear fished from
the vessel but unattached. NMFS and NMFS Office of Law Enforcement
reviewed the concerns of the fishermen and agree that this provision
mistakenly would exclude jigging from a hand-held rod inside the non-
trawl RCA. By including the phrase ``attached to the vessel'', the
final rule inadvertently imposed a restriction that was not intended by
the Council. This phrase unintentionally adds a restriction that was
not anticipated by the public, is causing confusion by fishery
participants, and raises questions for how to enforce the provision. In
order to correct this error, this correcting amendment corrects the
definition at Sec. 660.330(b)(3) by removing the phrase ``attached to
the vessel.'' The final rule mistakenly deleted recreational fishery
regulations seaward of California for the Rockfish, Cabezon, and
Greenling (RCG) complex from the CFR due to a technical error in the
amendatory instruction. The mistaken amendatory instruction revised
paragraph (c)(3)(ii) but inadvertently deleted all the subparagraphs
within (c)(3)(ii), including the revised subparagraphs that were
included in the final rule. This correcting amendment reinstates all
subparagraphs within Sec. 660.360 (c)(3)(ii), including those that
were revised in the final rule, to make the regulations for the RCG
complex consistent with those published in the proposed rule and
recommended by the Council.
Classification
NMFS is issuing this rule pursuant to 304(b) of the Magnuson-
Stevens Fishery Conservation and Management Act (MSA). The NMFS
Assistant Administrator for Fisheries (AA) has determined that this
final rule is consistent with the PCGFMP and other applicable law.
Pursuant to 5 U.S.C. 553(b)(B), the AA finds there is good cause to
waive prior notice and an opportunity for public comment on this
action, as notice and comment would be unnecessary and contrary to
public interest in clear and accurate regulations. This action corrects
inadvertent errors and makes necessary clarifications for to the
December 16, 2022 final rule (87 FR 77007). Expeditious correction of
the errors and clarification is necessary to prevent confusion among
participants in the fishery, as the fishery has already begun. In
addition, notice and comment is unnecessary because this notice makes
only minor changes to correct inadvertent errors and make minor
clarifications related to the December 16, 2022 final rule (87 FR
77007). These corrections will not affect the results of analyses
conducted to support management decisions in the Pacific Coast
groundfish fishery. These corrections are consistent with the Council's
intent for regulations, and the public expects the regulations to be
written as in the correction. No change in operating practices in the
fishery is required.
Similarly, the AA has determined good cause exists to waive the 30-
day delay in effectiveness pursuant to 5 U.S.C. 553(d). The changes in
this action should be effective immediately to prevent further
confusion among participants in the fishery. This notice makes only
minor corrections to the final rule which was effective January 1,
2023. Delaying effectiveness of these corrections would result in
conflicts in the regulations and confusion among fishery participants.
[[Page 12867]]
Because prior notice and an opportunity for public comment are not
required to be provided for this rule by 5 U.S.C. 553, or any other
law, the analytical requirements of the Regulatory Flexibility Act, 5
U.S.C. 601 et seq., are not applicable. Accordingly, no Regulatory
Flexibility Analysis is required for this rule and none has been
prepared.
This final rule is not significant under Executive Order 12866.
This final rule contains no information collection requirements
under the Paperwork Reduction Act of 1995.
List of Subjects in 50 CFR Part 660
Fisheries and Fishing.
Dated: February 21, 2023.
Samuel D. Rauch, III,
Deputy Assistant Administrator for Regulatory Programs, National Marine
Fisheries Service.
For the reasons set out in the preamble, 50 CFR part 660 is
corrected by making the following amendments:
PART 660--FISHERIES OFF WEST COAST STATES
0
1. The authority citation for part 660 continues to read as follows:
Authority: 16 U.S.C. 1801 et seq., 16 U.S.C. 773 et seq., and 16
U.S.C. 7001 et seq.
0
2. In Sec. 660.13, revise paragraphs (d)(4)(iv)(A)(27) through (29) to
read as follows:
Sec. 660.13 Recordkeeping and reporting.
* * * * *
(d) * * *
(4) * * *
(iv) * * *
(A) * * *
(27) Open access non-bottom contact hook and line gear for
groundfish (e.g., troll, jig gear, rod & reel gear) (outside the non-
trawl RCA only) (declaration code 35);
(28) Open access non-bottom contact stationary vertical jig gear
(allowed inside or outside the non-trawl RCA) (declaration code 36);
(29) Open access non-bottom contact troll gear (allowed inside or
outside the non-trawl RCA) (declaration code 37);
* * * * *
0
3. In Sec. 660.71, revise paragraph (o)(219) as follows:
Sec. 660.71 Latitude/longitude coordinates defining the 10-fm (18-m)
through 40-fm (73-m) depth contours.
* * * * *
(o) * * *
* * * * *
(219) 32[deg]33.33' N lat., 117[deg]16.45' W long.;
* * * * *
0
4. In Sec. 660.74, revise paragraphs (p)(7) and (q)(4) to read as
follows:
Sec. 660.74 Latitude/longitude coordinates defining the 180 fm (329
m) through 250 fm (457 m) depth contours.
* * * * *
(p) * * *
* * * * *
(7) 33[deg]25.79' N lat., 118[deg]02.25' W long.; and
* * * * *
(q) * * *
* * * * *
(4) 32[deg]37.14' N lat., 117[deg]44.94' W long.;
* * * * *
0
5. Revise Table 1c to part 660, subpart C, to read as follows:
Table 1c. to Part 660, Subpart C--Sablefish North of 36[deg] N Lat. Allocations, 2023
[Weight in metric tons]
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Set-asides Limited entry HG Open access HG
Year ACL ------------------------------- Recreational EFP Commercial ---------------------------------------------------
Tribal \a\ Research estimate HG Percent mt Percent mt \b\
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2023................................................. 8,486 849 30.7 6 1 7,600 90.6 6,885 9.4 714
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Year LE all Limited entry trawl \c\
Limited entry fixed gear \d\
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All trawl At-sea whiting Shorebased IFQ All FG Primary
DTL
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2023................................................. 6,885 3,994 100 3,893.5 2,892 2,458
434
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\a\ The tribal allocation is further reduced by 1.7 percent for discard mortality resulting in 834.6 mt in 2023.
\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
6. Revise Table 2c to Part 660, Subpart C, to read as follows:
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
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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
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\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.
[[Page 12868]]
0
7. In Sec. 660.140, revise paragraph (c)(3)(iv) to read as follows:
Sec. 660.140 Shorebased IFQ Program.
* * * * *
(c) * * *
(3) * * *
(iv) The remaining IFQ species (bocaccio, canary rockfish, cowcod,
darkblotched rockfish, lingcod S of 40[deg]10' N lat., minor shelf
rockfish N of 40[deg]10' N lat., minor shelf rockfish S of 40[deg]10' N
lat., and minor slope rockfish S of 40[deg]10' N lat., POP, widow
rockfish, and yelloweye rockfish) are allocated through the biennial
specifications and management measures process minus any set-asides for
the mothership and C/P sectors for that species.
* * * * *
0
8. In Sec. 660.330, revise paragraph (b)(3) introductory text 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. On a fishing trip where any
fishing will occur inside the non-trawl RCA, only one type of legal
non-bottom contact gear may be carried on board, and no other fishing
gear of any type may be carried on board or stowed during that trip.
The vessel may fish inside and outside the non-trawl RCA on the same
fishing trip, provided a valid declaration report as required at Sec.
660.13(d) has been filed with NMFS OLE. Legal non-bottom contact hook-
and-line gear means stationary vertical jig gear not anchored to the
bottom, and groundfish troll gear, subject to the specifications in
paragraphs (b)(3)(i) and (ii) of this section.
* * * * *
0
9. In Sec. 660.360, revise paragraph (c)(3)(ii) to read as follows:
Sec. 660.360 Recreational fishery--management measures.
* * * * *
(c) * * *
(3) * * *
(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) Seasons. When recreational fishing for the RCG complex is open,
it is permitted only outside of the recreational RCAs described in
paragraph (c)(3)(i) of this section.
(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), 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 March 31).
(B) Bag limits, hook limits. In times and areas when the
recreational season for the RCG Complex is open, there is a limit of 2
hooks and 1 line when fishing for the RCG complex. The bag limit is 10
RCG Complex fish per day coastwide, with a sub-bag limit of 4 fish for
vermilion rockfish, 1 fish for quillback rockfish, and 1 fish for
copper rockfish. These sub-bag limits count towards the bag limit for
the RCG Complex and are not in addition to that limit. Retention of
yelloweye rockfish, bronzespotted rockfish, and cowcod is prohibited.
Multi-day limits are authorized by a valid permit issued by California
and must not exceed the daily limit multiplied by the value of days in
the fishing trip.
(C) Size limits. The following size limits apply: cabezon may be no
smaller than 15 in (38 cm) total length; and kelp and other greenling
may be no smaller than 12 in (30 cm) total length.
(D) Dressing/filleting. Cabezon, kelp greenling, and rock greenling
taken in the recreational fishery may not be filleted at sea. Rockfish
skin may not be removed when filleting or otherwise dressing rockfish
taken in the recreational fishery.
* * * * *
[FR Doc. 2023-03889 Filed 2-28-23; 8:45 am]
BILLING CODE 3510-22-P
