Magnuson-Stevens Act Provisions; Fisheries Off West Coast States; Pacific Coast Groundfish Fishery; Pacific Coast Groundfish Fishery Management Plan; Amendment 32; Modifications to Non-Trawl Area Management Measures, 50830-50832 [2023-15966]
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Federal Register / Vol. 88, No. 147 / Wednesday, August 2, 2023 / Proposed Rules
in the Amendment 15 proposed rule
(May 5, 2023, 88 FR 29050) and
Amendment 16 notice of intent (May 8,
2023, 88 FR 29617) for the other public
hearings and conference calls dates,
times, and locations.
ADDRESSES: NMFS will hold a public
hearing on the proposed rule for
Amendment 15 and its proposed rule in
Panama City, FL, and a public hearing
on the scoping document for
Amendment 16 in San Juan, PR. For
specific location, date and time see the
SUPPLEMENTARY INFORMATION section of
this document.
Electronic copies of the draft
document for Amendment 15 to the
2006 Consolidated HMS FMP (https://
www.fisheries.noaa.gov/action/
amendment-15-2006-consolidated-hmsfishery-management-plan-spatialfisheries-management-and) and the
scoping document for Amendment 16 to
the 2006 Consolidated HMS FMP
(https://www.fisheries.noaa.gov/action/
scoping-amendment-16-2006consolidated-atlantic-highly-migratoryspecies-fishery-management) may be
obtained on the internet.
Guy
DuBeck (Guy.DuBeck@noaa.gov), Steve
Durkee (Steve.Durkee@noaa.gov), Larry
Redd (Larry.Redd@noaa.gov), and Karyl
Brewster-Geisz (Karyl.Brewster-Geisz@
noaa.gov), by email, or by phone at
(301) 427–8503.
FOR FURTHER INFORMATION CONTACT:
SUPPLEMENTARY INFORMATION:
Background
Atlantic HMS fisheries are managed
under the authority of the MagnusonStevens Fishery Conservation and
Management Act (Magnuson-Stevens
Act; 16 U.S.C. 1801 et seq.) and the
Atlantic Tunas Convention Act (16
U.S.C. 971 et seq.). The 2006
Consolidated HMS FMP and its
amendments are implemented by
regulations at 50 CFR part 635.
On May 5, 2023, NMFS published a
proposed rule (88 FR 29050) for Draft
Amendment 15 to the 2006
Consolidated HMS FMP on spatial
fisheries management and electronic
monitoring cost allocation. On May 8,
2023, NMFS published a notice of intent
(88 FR 29617) for scoping of
Amendment 16 to the 2006
Consolidated HMS FMP on shark
management. In both actions, NMFS
announced public hearings and
webinars to provide the opportunity for
public comment. Due to requests for
additional public hearings, NMFS has
decided conduct an additional public
hearing for Draft Amendment 15 and its
proposed rule in Panama City, FL, and
an additional public hearing for scoping
for Amendment 16 in San Juan, PR
(Table 1). None of the other public
hearing timing or locations have
changed.
TABLE 1—DATES, TIMES, AND LOCATIONS OF UPCOMING PUBLIC HEARINGS AND CONFERENCE CALLS
Rulemaking
Venue
Date/time
Street address/webinar information
Amendment 16 ....................
Public .................................
Hearing ..............................
Public Hearing ...................
August 16, 2023, 5:30
p.m.–8:30 p.m.
August 29, 2023, 5 p.m.–8
p.m.
Embassy Suites, 8000 Jose M. Tartak Avenue, San
Juan, PR 00979.
National Marine Fisheries Service, Southeast Fisheries Science Center, 3500 Delwood Beach Road,
Panama City, FL 32408.
ddrumheller on DSK120RN23PROD with PROPOSALS1
Amendment 15 ....................
The public is reminded that NMFS
expects participants to conduct
themselves appropriately. At the
beginning of each meeting, a
representative of NMFS will explain the
ground rules (e.g., all comments are to
be directed to the Agency; attendees
will be called to give their comments in
the order in which they registered to
speak; each attendee will have an equal
amount of time to speak; and attendees
should not interrupt one another). The
in-person meeting locations will be
physically accessible to people with
disabilities. Requests for sign language
interpretation or other auxiliary aids
should be directed to Guy DuBeck or
Steve Durkee at 301–427–8503, at least
7 days prior to the meeting. A NMFS
representative will attempt to structure
the meeting so that all attending
members of the public will be able to
comment if they so choose, regardless of
the controversial nature of the subject
matter. If attendees do not respect the
ground rules they will be asked to leave
the meeting.
VerDate Sep<11>2014
18:34 Aug 01, 2023
Jkt 259001
Dated: July 28, 2023.
Jennifer M. Wallace,
Acting Director, Office of Sustainable
Fisheries, National Marine Fisheries Service.
[FR Doc. 2023–16440 Filed 8–1–23; 8:45 am]
BILLING CODE 3510–22–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 660
RIN 0648–BM28
Magnuson-Stevens Act Provisions;
Fisheries Off West Coast States;
Pacific Coast Groundfish Fishery;
Pacific Coast Groundfish Fishery
Management Plan; Amendment 32;
Modifications to Non-Trawl Area
Management Measures
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Announcement of availability of
proposed fishery management plan
amendment; request for comments.
AGENCY:
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Frm 00021
Fmt 4702
Sfmt 4702
NMFS announces that the
Pacific Fishery Management Council
submitted Amendment 32 to the Pacific
Coast Groundfish Fishery Management
Plan to the Secretary of Commerce for
review. If approved, Amendment 32
would: create a new type of Essential
Fish Habitat Conservation Area that
prohibits fishing with non-trawl bottom
contact gear for all groundfish fisheries
and the non-tribal directed commercial
halibut fishery; remove the Cowcod
Conservation Area seaward of California
for commercial and recreational
groundfish non-trawl fisheries; create
and authorize the use of Groundfish
Exclusion Areas as a new type of
Groundfish Conservation Area;
authorize the use of Block Area Closures
for groundfish non-trawl fisheries, and
make necessary administrative changes
to relevant sections of the Pacific Coast
Groundfish Fishery Management Plan.
Altogether, these changes are
anticipated to provide additional fishing
opportunity to groundfish non-trawl
fishery sectors while continuing to
protect rebuilding yelloweye rockfish
and mitigating fishing impacts to
sensitive areas.
SUMMARY:
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Federal Register / Vol. 88, No. 147 / Wednesday, August 2, 2023 / Proposed Rules
Comments on Amendment 32
must be received on or before Sunday,
October 1, 2023.
ADDRESSES: You may submit comments
on this document, identified by NOAA–
NMFS–2023–0051, by the following
method:
• Electronic Submission: Submit all
electronic public comments via the
Federal e-Rulemaking Portal. Go to
https://www.regulations.gov and enter
NOAA–NMFS–2023–0051, in the
Search box. Click on the ‘‘Comment’’
icon, complete the required fields, and
enter or attach your comments.
Instructions: Comments must be
submitted by the above method to
ensure that the comments are received,
documented, and considered by NMFS.
Comments sent by any other method, to
any other address or individual, or
received after the end of the comment
period, may not be considered. All
comments received are a part of the
public record and NMFS will post for
public viewing on www.regulations.gov
without change. All personal identifying
information (e.g., name, address, etc.),
confidential business information, or
otherwise sensitive information
submitted voluntarily by the sender is
publicly accessible. NMFS will accept
anonymous comments (enter ‘‘N/A’’ in
the required fields if you wish to remain
anonymous).
ddrumheller on DSK120RN23PROD with PROPOSALS1
DATES:
Electronic Access
This notification of availability is
accessible via the internet at the Office
of the Federal Register website at
https://www.federalregister.gov/.
Information relevant to Amendment 32,
which includes a draft Environmental
Assessment, a regulatory impact review,
a Regulatory Flexibility Act
certification, and a Magnuson Stevens
Fishery Conservation and Management
Act (Magnuson-Stevens Act) analysis,
are accessible via the internet at the
NMFS West Coast Region website at:
https://www.fisheries.noaa.gov/westcoast/laws-and-policies/west-coastregion-national-environmental-policyact-documents.
FOR FURTHER INFORMATION CONTACT:
Lynn Massey, phone, or email: 562–
900–2060, Lynn.Massey@noaa.gov.
SUPPLEMENTARY INFORMATION: NMFS
manages the groundfish fisheries in the
exclusive economic zone (EEZ) seaward
of Washington, Oregon, and California
under the Pacific Coast Groundfish
fishery management plan (FMP). The
Pacific Fishery Management Council
(Council) prepared and NMFS
implemented the Pacific Coast
Groundfish FMP under the authority of
the Magnuson-Stevens Act, 16 U.S.C.
VerDate Sep<11>2014
18:34 Aug 01, 2023
Jkt 259001
1801 et seq. and by regulations at 50
CFR parts 600 and 660. The MagnusonStevens Act requires that each regional
fishery management council submit any
FMP or plan amendment it prepares to
NMFS for review and approval,
disapproval, or partial approval by the
Secretary of Commerce. The MagnusonStevens Act also requires that NMFS,
upon receiving an FMP or amendment,
immediately publish a notice that the
FMP or amendment is available for
public review and comment. This
notification announces that the
proposed Amendment 32 to the FMP is
available for public review and
comment. NMFS will consider the
public comments received during the
comment period described above in
determining whether to approve,
partially approve, or disapprove
Amendment 32 to the FMP.
Background
In the early 2000s, several types of
groundfish conservation areas (GCAs,
defined at § 660.11) were enacted to
protect overfished groundfish species
off the U.S. West Coast, including the
coastwide Non-Trawl Rockfish
Conservation Area (Non-Trawl RCA, (68
FR 907, January 7, 2003)) and the
Cowcod Conservation Areas (CCAs, (66
FR 2338, January 11, 2001)) in the
Southern California Bight. With the
rebuilt status of almost all of these
groundfish species (the exception being
yelloweye rockfish, which is projected
to rebuild by 2029), the Council has
been prioritizing increased fishing
access to these areas for groundfish nontrawl fisheries (i.e., the directed open
access sector, the California recreational
sector, the limited entry fixed gear
sector, and vessels that use non-trawl
gear under the Trawl Individual Fishing
Quota Program). In November 2019, the
Council directed the Groundfish
Advisory Subpanel (GAP) to develop
the scope of action and draft a purpose
and need statement for non-trawl area
management modifications during the
GAP’s March and April 2020 meetings.
The GAP then submitted an
informational report (see Informational
Report 4 in the June 2020 briefing book
at pcouncil.org) for Council
consideration and scheduling of further
scoping of the issues. In April 2021, the
Council initiated a scoping process to
address modifying Non-Trawl RCA
catch restrictions and boundaries (see
Agenda Item F.3, Attachment 2 in the
April 2021 briefing book at
pcouncil.org). In November 2021 and
April 2022, the Council further refined
the range of alternatives, which
included expanding the action to
include changes to the CCA (East and
PO 00000
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Sfmt 4702
50831
West) seaward of California,
consideration of new closed areas (i.e.,
Groundfish Exclusion Areas (GEAs) and
Yelloweye Rockfish Conservation Areas
(YRCAs)), and changes to Essential Fish
Habitat Conservation Areas (EFHCAs)
that exposed to fishing activity under
the alternatives. The Council selected a
preliminary preferred range of
alternatives at their September 2022
meeting and a final range of alternatives
at their March 2023 meeting. The
resulting final action constitutes
Amendment 32 to the Pacific Coast
Groundfish FMP. Amendment 32 and
its implementing regulations would
provide additional fishing opportunity
in these closures through a suite of
modifications to GCA boundaries, gear
specifications, and catch restrictions,
while continuing to protect rebuilding
yelloweye rockfish and mitigating
fishing impacts to sensitive areas. These
regulatory changes will be presented in
a forthcoming proposed rule.
In terms of specific changes to the
Pacific Coast Groundfish FMP,
Amendment 32 would: (1) create a new
type of EFHCA that prohibits fishing
with non-trawl bottom contact gear for
all groundfish fisheries and the nontribal directed commercial halibut
fishery; (2) remove the CCA for
commercial and recreational groundfish
non-trawl fisheries; (3) create and
authorize the use of GEAs as a new type
of GCA; (4) authorize the use of Block
Area Closures (BACs) for groundfish
non-trawl fisheries, and (5) make
necessary administrative changes to
relevant sections of the Pacific Coast
Groundfish FMP. Each of these changes
is further described below.
New Type of Essential Fish Habitat
Conservation Area
The Magnuson-Stevens Act requires
that FMPs describe and identify
essential fish habitat (EFH) and
minimize to the extent practicable
adverse effects on EFH caused by
fishing. The Pacific Coast Groundfish
FMP authorizes the use of EFHCAs
(Amendment 19, 71 FR 27408, May 11,
2006; Amendment 28, 84 FR 63966,
November 19, 2019) to protect
groundfish EFH from specific types of
fishing activity. Federal regulations at
50 CFR 660.75 through 660.79 provide
the coordinates for all current EFHCAs
off the U.S. West Coast. At present,
there are two types of EFHCAs based on
gear type: bottom trawl and bottom
contact. Both bottom trawl and bottom
contact EFHCAs apply to all fisheries
utilizing that gear type and are not
limited in application to groundfish
fisheries. Amendment 32 would create a
new type of EFHCA that prohibits using
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50832
Federal Register / Vol. 88, No. 147 / Wednesday, August 2, 2023 / Proposed Rules
non-trawl bottom contact gear (e.g., pot/
longline) in the non-tribal groundfish
fisheries and the non-tribal directed
commercial halibut fishery. In the
forthcoming proposed rule, NMFS is
proposing moving the seaward
boundary of the Non-Trawl RCA from
100 fathoms (fm, 183 meters (m)) to 75
fm (137 m) off the coast of Oregon. The
purpose of this new type of EFHCA is
to protect groundfish EFH that would be
newly exposed to non-trawl bottom
contact gear as a result of this change.
Specifically, five new EFHCAs would be
established: (1) Nehalem Bank East; (2)
Bandon High Spot East; (3) Arago Reef
West; (4) Garibaldi Reef North; and (5)
Garibaldi Reef South. All of these new
EFHCAs overlap partially or entirely
with existing bottom trawl EFHCAs,
which is why the specified gear
prohibition only includes non-trawl
bottom contact gear (i.e., bottom trawl
gear is already prohibited in these
areas).
Removing the Cowcod Conservation
Area for Groundfish Non-Trawl
Fisheries
ddrumheller on DSK120RN23PROD with PROPOSALS1
The CCA was enacted in 2001 to
protect overfished cowcod (Amendment
16–3, 66 FR 2338, January 11, 2001),
which was declared rebuilt in 2019. The
CCA is comprised of the Western and
Eastern CCAs and applies to all
commercial and recreational groundfish
fisheries, including those that use both
trawl and non-trawl gear. Amendment
32 would remove the CCA for all
groundfish non-trawl fisheries; the CCA
would remain in place for groundfish
trawl fisheries. The purpose of this
change is to provide fishing opportunity
in this area given that cowcod has been
declared rebuilt.
VerDate Sep<11>2014
18:34 Aug 01, 2023
Jkt 259001
Groundfish Exclusion Areas
Amendment 32 would create a new
type of GCA called GEAs, which are
intended to mitigate the impacts to
sensitive environments from certain
groundfish fishing activity. Specifically,
eight GEAs would be established: (1)
Hidden Reef; (2) West of Santa Barbara
Island; (3) Potato Bank; (4) 107/118
Bank; (5) Cherry Bank; (6) Seamount
109; (7) Northeast Bank; and (8) The 43Fathom Spot. All of these GEAs would
be located in the Southern California
Bight within the area that non-trawl
CCA restrictions would be removed.
The purpose of this change is to create
a GCA that can be used to protect
sensitive environments that are separate
and distinct from groundfish EFH.
Block Area Closures for Groundfish
Non-Trawl Fisheries
The Pacific Coast Groundfish FMP
currently authorizes the use of BACs to
control bycatch of groundfish in trawl
fisheries. 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) expanded BACs as a tool to
minimize salmon bycatch. Amendment
32 would expand the use of BACs to be
enacted for groundfish non-trawl
fisheries. The purpose of this change is
to create a mechanism to control
bycatch of groundfish, as well as
protected or prohibited species from
non-trawl fisheries given the new
flexibilities that would result from the
approval of Amendment 32 and its
proposed regulations.
Administrative Changes
The Council and NMFS are proposing
additional changes to the relevant
sections of the Pacific Coast Groundfish
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Frm 00023
Fmt 4702
Sfmt 9990
FMP being modified by Amendment 32.
These changes include revising the
terms ‘‘Bottom Contact Closed Areas’’
and ‘‘Bottom Trawl Closed Areas’’ to
‘‘Bottom Trawl Essential Fish Habitat
Conservation Areas’’ and ‘‘Bottom
Contact Essential Fish Habitat
Conservation Areas.’’ Revising this
terminology throughout the FMP will
make these terms consistent with how
they appear in Federal Regulations,
maps, and Council records. These
changes would also include adding a
placeholder in Section 1.1 for a
description of Amendment 31 to the
Pacific Coast Groundfish FMP, as it is
likely that Amendment 32 would be
approved before Amendment 31.
NMFS welcomes comments on the
proposed FMP amendment through the
end of the comment period. A proposed
rule to implement Amendment 32 has
been submitted for Secretarial review
and approval. NMFS expects to publish
and request public review and comment
on proposed regulations to implement
Amendment 32 in the near future. For
public comments on the proposed rule
to be considered in the approval or
disapproval decision on Amendment
32, those comments must be received by
the end of the comment period on the
amendment. All comments received by
the end of the comment period for the
amendment, whether specifically
directed to the amendment or the
proposed rule, will be considered in the
approval/disapproval decision.
(Authority: 16 U.S.C. 1801 et seq.)
Dated: July 24, 2023.
Jennifer M. Wallace,
Acting Director, Office of Sustainable
Fisheries, National Marine Fisheries Service.
[FR Doc. 2023–15966 Filed 8–1–23; 8:45 am]
BILLING CODE 3510–22–P
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]]>Agencies
[Federal Register Volume 88, Number 147 (Wednesday, August 2, 2023)]
[Proposed Rules]
[Pages 50830-50832]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-15966]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 660
RIN 0648-BM28
Magnuson-Stevens Act Provisions; Fisheries Off West Coast States;
Pacific Coast Groundfish Fishery; Pacific Coast Groundfish Fishery
Management Plan; Amendment 32; Modifications to Non-Trawl Area
Management Measures
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Announcement of availability of proposed fishery management
plan amendment; request for comments.
-----------------------------------------------------------------------
SUMMARY: NMFS announces that the Pacific Fishery Management Council
submitted Amendment 32 to the Pacific Coast Groundfish Fishery
Management Plan to the Secretary of Commerce for review. If approved,
Amendment 32 would: create a new type of Essential Fish Habitat
Conservation Area that prohibits fishing with non-trawl bottom contact
gear for all groundfish fisheries and the non-tribal directed
commercial halibut fishery; remove the Cowcod Conservation Area seaward
of California for commercial and recreational groundfish non-trawl
fisheries; create and authorize the use of Groundfish Exclusion Areas
as a new type of Groundfish Conservation Area; authorize the use of
Block Area Closures for groundfish non-trawl fisheries, and make
necessary administrative changes to relevant sections of the Pacific
Coast Groundfish Fishery Management Plan. Altogether, these changes are
anticipated to provide additional fishing opportunity to groundfish
non-trawl fishery sectors while continuing to protect rebuilding
yelloweye rockfish and mitigating fishing impacts to sensitive areas.
[[Page 50831]]
DATES: Comments on Amendment 32 must be received on or before Sunday,
October 1, 2023.
ADDRESSES: You may submit comments on this document, identified by
NOAA-NMFS-2023-0051, by the following method:
Electronic Submission: Submit all electronic public
comments via the Federal e-Rulemaking Portal. Go to https://www.regulations.gov and enter NOAA-NMFS-2023-0051, in the Search box.
Click on the ``Comment'' icon, complete the required fields, and enter
or attach your comments.
Instructions: Comments must be submitted by the above method to
ensure that the comments are received, documented, and considered by
NMFS. Comments sent by any other method, to any other address or
individual, or received after the end of the comment period, may not be
considered. All comments received are a part of the public record and
NMFS will post for public viewing on www.regulations.gov without
change. All personal identifying information (e.g., name, address,
etc.), confidential business information, or otherwise sensitive
information submitted voluntarily by the sender is publicly accessible.
NMFS will accept anonymous comments (enter ``N/A'' in the required
fields if you wish to remain anonymous).
Electronic Access
This notification of availability is accessible via the internet at
the Office of the Federal Register website at https://www.federalregister.gov/. Information relevant to Amendment 32, which
includes a draft Environmental Assessment, a regulatory impact review,
a Regulatory Flexibility Act certification, and a Magnuson Stevens
Fishery Conservation and Management Act (Magnuson-Stevens Act)
analysis, are accessible via the internet at the NMFS West Coast Region
website at: https://www.fisheries.noaa.gov/west-coast/laws-and-policies/west-coast-region-national-environmental-policy-act-documents.
FOR FURTHER INFORMATION CONTACT: Lynn Massey, phone, or email: 562-900-
2060, [email protected].
SUPPLEMENTARY INFORMATION: NMFS manages the groundfish fisheries in the
exclusive economic zone (EEZ) seaward of Washington, Oregon, and
California under the Pacific Coast Groundfish fishery management plan
(FMP). The Pacific Fishery Management Council (Council) prepared and
NMFS implemented the Pacific Coast Groundfish FMP under the authority
of the Magnuson-Stevens Act, 16 U.S.C. 1801 et seq. and by regulations
at 50 CFR parts 600 and 660. The Magnuson-Stevens Act requires that
each regional fishery management council submit any FMP or plan
amendment it prepares to NMFS for review and approval, disapproval, or
partial approval by the Secretary of Commerce. The Magnuson-Stevens Act
also requires that NMFS, upon receiving an FMP or amendment,
immediately publish a notice that the FMP or amendment is available for
public review and comment. This notification announces that the
proposed Amendment 32 to the FMP is available for public review and
comment. NMFS will consider the public comments received during the
comment period described above in determining whether to approve,
partially approve, or disapprove Amendment 32 to the FMP.
Background
In the early 2000s, several types of groundfish conservation areas
(GCAs, defined at Sec. 660.11) were enacted to protect overfished
groundfish species off the U.S. West Coast, including the coastwide
Non-Trawl Rockfish Conservation Area (Non-Trawl RCA, (68 FR 907,
January 7, 2003)) and the Cowcod Conservation Areas (CCAs, (66 FR 2338,
January 11, 2001)) in the Southern California Bight. With the rebuilt
status of almost all of these groundfish species (the exception being
yelloweye rockfish, which is projected to rebuild by 2029), the Council
has been prioritizing increased fishing access to these areas for
groundfish non-trawl fisheries (i.e., the directed open access sector,
the California recreational sector, the limited entry fixed gear
sector, and vessels that use non-trawl gear under the Trawl Individual
Fishing Quota Program). In November 2019, the Council directed the
Groundfish Advisory Subpanel (GAP) to develop the scope of action and
draft a purpose and need statement for non-trawl area management
modifications during the GAP's March and April 2020 meetings. The GAP
then submitted an informational report (see Informational Report 4 in
the June 2020 briefing book at pcouncil.org) for Council consideration
and scheduling of further scoping of the issues. In April 2021, the
Council initiated a scoping process to address modifying Non-Trawl RCA
catch restrictions and boundaries (see Agenda Item F.3, Attachment 2 in
the April 2021 briefing book at pcouncil.org). In November 2021 and
April 2022, the Council further refined the range of alternatives,
which included expanding the action to include changes to the CCA (East
and West) seaward of California, consideration of new closed areas
(i.e., Groundfish Exclusion Areas (GEAs) and Yelloweye Rockfish
Conservation Areas (YRCAs)), and changes to Essential Fish Habitat
Conservation Areas (EFHCAs) that exposed to fishing activity under the
alternatives. The Council selected a preliminary preferred range of
alternatives at their September 2022 meeting and a final range of
alternatives at their March 2023 meeting. The resulting final action
constitutes Amendment 32 to the Pacific Coast Groundfish FMP. Amendment
32 and its implementing regulations would provide additional fishing
opportunity in these closures through a suite of modifications to GCA
boundaries, gear specifications, and catch restrictions, while
continuing to protect rebuilding yelloweye rockfish and mitigating
fishing impacts to sensitive areas. These regulatory changes will be
presented in a forthcoming proposed rule.
In terms of specific changes to the Pacific Coast Groundfish FMP,
Amendment 32 would: (1) create a new type of EFHCA that prohibits
fishing with non-trawl bottom contact gear for all groundfish fisheries
and the non-tribal directed commercial halibut fishery; (2) remove the
CCA for commercial and recreational groundfish non-trawl fisheries; (3)
create and authorize the use of GEAs as a new type of GCA; (4)
authorize the use of Block Area Closures (BACs) for groundfish non-
trawl fisheries, and (5) make necessary administrative changes to
relevant sections of the Pacific Coast Groundfish FMP. Each of these
changes is further described below.
New Type of Essential Fish Habitat Conservation Area
The Magnuson-Stevens Act requires that FMPs describe and identify
essential fish habitat (EFH) and minimize to the extent practicable
adverse effects on EFH caused by fishing. The Pacific Coast Groundfish
FMP authorizes the use of EFHCAs (Amendment 19, 71 FR 27408, May 11,
2006; Amendment 28, 84 FR 63966, November 19, 2019) to protect
groundfish EFH from specific types of fishing activity. Federal
regulations at 50 CFR 660.75 through 660.79 provide the coordinates for
all current EFHCAs off the U.S. West Coast. At present, there are two
types of EFHCAs based on gear type: bottom trawl and bottom contact.
Both bottom trawl and bottom contact EFHCAs apply to all fisheries
utilizing that gear type and are not limited in application to
groundfish fisheries. Amendment 32 would create a new type of EFHCA
that prohibits using
[[Page 50832]]
non-trawl bottom contact gear (e.g., pot/longline) in the non-tribal
groundfish fisheries and the non-tribal directed commercial halibut
fishery. In the forthcoming proposed rule, NMFS is proposing moving the
seaward boundary of the Non-Trawl RCA from 100 fathoms (fm, 183 meters
(m)) to 75 fm (137 m) off the coast of Oregon. The purpose of this new
type of EFHCA is to protect groundfish EFH that would be newly exposed
to non-trawl bottom contact gear as a result of this change.
Specifically, five new EFHCAs would be established: (1) Nehalem Bank
East; (2) Bandon High Spot East; (3) Arago Reef West; (4) Garibaldi
Reef North; and (5) Garibaldi Reef South. All of these new EFHCAs
overlap partially or entirely with existing bottom trawl EFHCAs, which
is why the specified gear prohibition only includes non-trawl bottom
contact gear (i.e., bottom trawl gear is already prohibited in these
areas).
Removing the Cowcod Conservation Area for Groundfish Non-Trawl
Fisheries
The CCA was enacted in 2001 to protect overfished cowcod (Amendment
16-3, 66 FR 2338, January 11, 2001), which was declared rebuilt in
2019. The CCA is comprised of the Western and Eastern CCAs and applies
to all commercial and recreational groundfish fisheries, including
those that use both trawl and non-trawl gear. Amendment 32 would remove
the CCA for all groundfish non-trawl fisheries; the CCA would remain in
place for groundfish trawl fisheries. The purpose of this change is to
provide fishing opportunity in this area given that cowcod has been
declared rebuilt.
Groundfish Exclusion Areas
Amendment 32 would create a new type of GCA called GEAs, which are
intended to mitigate the impacts to sensitive environments from certain
groundfish fishing activity. Specifically, eight GEAs would be
established: (1) Hidden Reef; (2) West of Santa Barbara Island; (3)
Potato Bank; (4) 107/118 Bank; (5) Cherry Bank; (6) Seamount 109; (7)
Northeast Bank; and (8) The 43-Fathom Spot. All of these GEAs would be
located in the Southern California Bight within the area that non-trawl
CCA restrictions would be removed. The purpose of this change is to
create a GCA that can be used to protect sensitive environments that
are separate and distinct from groundfish EFH.
Block Area Closures for Groundfish Non-Trawl Fisheries
The Pacific Coast Groundfish FMP currently authorizes the use of
BACs to control bycatch of groundfish in trawl fisheries. 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) expanded BACs as a tool to minimize salmon
bycatch. Amendment 32 would expand the use of BACs to be enacted for
groundfish non-trawl fisheries. The purpose of this change is to create
a mechanism to control bycatch of groundfish, as well as protected or
prohibited species from non-trawl fisheries given the new flexibilities
that would result from the approval of Amendment 32 and its proposed
regulations.
Administrative Changes
The Council and NMFS are proposing additional changes to the
relevant sections of the Pacific Coast Groundfish FMP being modified by
Amendment 32. These changes include revising the terms ``Bottom Contact
Closed Areas'' and ``Bottom Trawl Closed Areas'' to ``Bottom Trawl
Essential Fish Habitat Conservation Areas'' and ``Bottom Contact
Essential Fish Habitat Conservation Areas.'' Revising this terminology
throughout the FMP will make these terms consistent with how they
appear in Federal Regulations, maps, and Council records. These changes
would also include adding a placeholder in Section 1.1 for a
description of Amendment 31 to the Pacific Coast Groundfish FMP, as it
is likely that Amendment 32 would be approved before Amendment 31.
NMFS welcomes comments on the proposed FMP amendment through the
end of the comment period. A proposed rule to implement Amendment 32
has been submitted for Secretarial review and approval. NMFS expects to
publish and request public review and comment on proposed regulations
to implement Amendment 32 in the near future. For public comments on
the proposed rule to be considered in the approval or disapproval
decision on Amendment 32, those comments must be received by the end of
the comment period on the amendment. All comments received by the end
of the comment period for the amendment, whether specifically directed
to the amendment or the proposed rule, will be considered in the
approval/disapproval decision.
(Authority: 16 U.S.C. 1801 et seq.)
Dated: July 24, 2023.
Jennifer M. Wallace,
Acting Director, Office of Sustainable Fisheries, National Marine
Fisheries Service.
[FR Doc. 2023-15966 Filed 8-1-23; 8:45 am]
BILLING CODE 3510-22-P
