Magnuson-Stevens Act Provisions; Fisheries Off West Coast States; Pacific Coast Groundfish Fishery; 2023-2024 Biennial Specifications and Management Measures; Inseason Adjustments, 52046-52053 [2023-16720]
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Federal Register / Vol. 88, No. 150 / Monday, August 7, 2023 / Rules and Regulations
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[FR Doc. 2023–16449 Filed 8–4–23; 8:45 am]
BILLING CODE 6712–01–C
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 660
[Docket No. 221206–0261]
RIN 0648–BM50
Magnuson-Stevens Act Provisions;
Fisheries Off West Coast States;
Pacific Coast Groundfish Fishery;
2023–2024 Biennial Specifications and
Management Measures; Inseason
Adjustments
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Final rule; inseason adjustments
to biennial groundfish management
measures.
AGENCY:
This final rule announces
routine inseason adjustments to
management measures in commercial
groundfish fisheries. This action is
intended to allow fishing vessels to
access more abundant groundfish stocks
while protecting rebuilding stocks.
DATES: This final rule is effective August
7, 2023.
ADDRESSES: This rule is accessible via
the internet at the Office of the Federal
Register website at https://
www.federalregister.gov. Background
information and documents are
available at the Pacific Fishery
Management Council’s website at
https://www.pcouncil.org/.
FOR FURTHER INFORMATION CONTACT: Dr.
Sean Matson, phone: 206–526–6187 or
email: sean.matson@noaa.gov.
SUPPLEMENTARY INFORMATION:
SUMMARY:
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Background
The Pacific Coast Groundfish Fishery
Management Plan (PCGFMP) and its
implementing regulations at title 50 in
the Code of Federal Regulations (CFR),
part 660, subparts C through G, regulate
fishing for over 90 species of groundfish
seaward of Washington, Oregon, and
California. The Pacific Fishery
Management Council (Council)
develops groundfish harvest
specifications and management
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measures for 2-year periods (biennia).
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). The
management measures set at the start of
the biennial harvest specifications cycle
help the various sectors of the fishery
attain, but not exceed, the catch limits
for each stock. The Council, in
coordination with Pacific Coast Treaty
Indian Tribes and the States of
Washington, Oregon, and California,
recommends adjustments to the
management measures during the
fishing year to achieve this goal.
At its June 2023 meeting, the Council
recommended modifying fixed gear trip
limits for limited entry (LE) and open
access (OA) fisheries, for bocaccio
rockfish (hereafter bocaccio), south of
40°10′ N latitude (lat.), and minimum
length limits for LE and OA lingcod
south of 42° N lat., after updated
information regarding projected catch
and attainment became available, as
well as requests from industry. Pacific
Coast groundfish fisheries are managed
using harvest specifications or limits
(e.g., overfishing limits [OFL],
acceptable biological catch [ABC],
annual catch limits [ACL] and harvest
guidelines [HG]) recommended
biennially by the Council and based on
the best scientific information available
at that time (50 CFR 660.60(b)). During
development of the harvest
specifications, the Council also
recommends management measures
(e.g., trip limits, area closures, and bag
limits) that are meant to control catch so
as not to exceed the harvest
specifications. The harvest
specifications and management
measures developed for the 2023–2024
biennium used data through the 2021
fishing year. Each of the adjustments to
management measures discussed below
are based on updated fisheries
information that was unavailable when
the analysis for the current harvest
specifications was completed. As new
fisheries data becomes available,
adjustments to management measures
are projected so as to help harvesters
achieve but not exceed the harvest
limits.
Bocaccio South of 40°10′ N Latitude
Bocaccio on the West Coast is
managed as a separate stock south of
40°10′ N lat., while bocaccio north of
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40°10′ N lat. is managed as part of the
minor shelf rockfish north of 40°10′ N
lat. Bocaccio south of 40°10′ N lat., the
subject of this action, is caught both
commercially and recreationally, with
commercial vessels harvesting it with
both trawl and fixed gear (longlines and
pots/traps) in the bottom trawl,
nearshore, limited entry, and open
access fixed gear fisheries. It is caught
in shelf and nearshore areas, often
together with chilipepper rockfish. The
2023 ACL and harvest guideline for
bocaccio south of 40°10′ N lat. are 1,842
metric tons (mt), and 1,793.9 mt,
respectively.
At the June 2023 Council meeting, the
California Department of Fish and
Wildlife (CDFW) received a request
from industry to adjust bocaccio
bimonthly landing accumulation
(‘‘trip’’) limits for the open access (OA)
fisheries south of 40°10′ N. lat.; to
increase the trip limit from 4,000
pounds (1,814 kg) per period (2 month)
to 6,000 pounds (2,721 kg) per period.
CDFW analyzed the request, as well as
increasing the LE trip limits for
bocaccio, and recommended the
increases to Council. The Council
reviewed the analytical documents
drafted by the CDFW, as well as the
Groundfish Management Team (GMT),
and the Groundfish Advisory Subpanel
(GAP), to inform their discussion and
decision making under the inseason
adjustment agenda item.
The intent of increasing trip limits is
to increase harvest opportunities, by
reducing discard, for vessels catching
bocaccio, while targeting chilipepper
rockfish. The new OA trip limits would
match existing chilipepper trip limits,
which are reported to currently be
caught in equal amounts to bocaccio. To
evaluate potential increases to bocaccio
trip limits for both the OA and LE
fisheries, the CDFW made model-based
catch projections under current
regulations and alternative bocaccio trip
limits, including the limits ultimately
recommended by the Council, beginning
on July 1 through the remainder of 2023.
Table 1 shows the projected bocaccio
landings by fishery, relevant bocaccio
allocations, and the projected
attainment as a percentage of the
landing target, under both the current
trip limits and the Council’s
recommended adjusted trip limits.
These projections were based on the
most recent catch information available
through June 16, 2023.
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Federal Register / Vol. 88, No. 150 / Monday, August 7, 2023 / Rules and Regulations
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TABLE 1—PROJECTED LANDINGS, ALLOCATION, AND PROJECTED PERCENTAGE OF BOCACCIO ATTAINED THROUGH 2023
BY TRIP LIMIT AND FISHERY
Option
Fishery
Current regulation ...........
LE South of 40°10′ N lat ...............................
OA South of 40°10′ N lat ..............................
LE South of 40°10′ N lat ...............................
OA South of 40°10′ N lat ..............................
Council-recommended ....
As shown in Table 1, under the
current trip limits, the model predicts
catch of bocaccio will be at 15 percent,
or 51.6 mt of the 337.8 mt commercial
non-trawl share for LE and OA fisheries
combined, south of 40°10′ N lat.; while
under the Council-recommended trip
limits, attainment would be 19 percent,
or 65 mt of the 337.8 mt commercial
non-trawl share, for the LE and OA
fisheries combined, south of 40°10′ N
lat. Under the Council’s recommended
trip limits, bocaccio attainment is
projected to increase by 4 percent in the
LE and OA fisheries south of 40°10′ N
lat., from 15 to 19 percent. The Council
as a matter of practice, consistently
maintains trip limits in LE fisheries at
a higher level than those of OA, in order
to afford a measure of additional
opportunity to fishers with LE permits.
Thus, in this case, the bocaccio LE trip
limits were also recommended to be
raised, to maintain a 2,000 lb (907 kg)
per 2 months difference between the LE
and OA sectors. Raising the LE trip
limits for bocaccio to 8,000 lb (3,629 kg)
per 2 months also made them equal to
the chilipepper rockfish trip limits
(which were reported by industry to be
caught in approximately equal
amounts), south of 34°27′ N lat.; and
close to chilipepper limits between
34°27′ N lat. and 40°10′ N lat., currently
10,000 lb (4,536 kg) per 2 months.
Projected
catch
(mt)
Trip limit
6,000
4,000
8,000
6,000
lb
lb
lb
lb
(2,721
(1,814
(3,629
(2,721
kg)/2
kg)/2
kg)/2
kg)/2
months
months
months
months
........................
........................
........................
........................
Trip limit increases for bocaccio are
intended to increase attainment of the
non-trawl harvest guideline (HG), and
convert regulatory discard into landed
catch. The proposed trip limit increases
do not change projected impacts to cooccurring rebuilding species compared
to the impacts anticipated in the 2023–
2024 harvest specifications because the
projected impacts to those species
assume that the entire bocaccio ACL is
harvested. Therefore, the Council
recommended and NMFS is
implementing, by modifying Table 2
south to part 660, subpart E, and Table
3 south to part 660, subpart F, trip limit
changes for the LE and OA fixed gear
fisheries south of 40°10′ N lat. as shown
above in Table 1. These changes will
start with Period 4 (July and August)
and remain in place through the end of
2023 and beyond, unless otherwise
modified.
Lingcod
For the June 2023 meeting, the GMT
received a request to reduce the lingcod
minimum total length limit south of 42°
N lat. from 24 inches (61 cm) to 22
inches (56 cm), in groundfish fisheries
(both trawl and non-trawl), during
periods 4 through 6 of 2023, in order to
reduce regulatory discards and increase
economic opportunity. Industry
reported that constraints from copper
16.2
35.4
19.6
45.4
Projected
sum catch
(mt)
Percent
attainment
2023 nontrawl share
(337.8 mt)
51.6
....................
65
....................
15
......................
19
......................
and quillback rockfishes off California
are leading to nearshore participants to
seek more opportunity in the live fish
market, which prefers fish smaller than
the current commercial limit of 24
inches (61 cm). Lingcod is managed
with two separate ACLs, north and
south of 40°10′ N lat. The 2023 ACL for
lingcod south of 40°10′ N lat. is 726 mt.
The limit of 24 inches (61 cm) for
commercial fisheries south of 42° N lat.
has been in place since 1998.
The intended, and most likely impact
of this small change to minimum size
length is to convert regulatory discards
of slightly smaller fish into landings,
resulting in a negligible overall change
in overall commercial fishing mortality.
Additionally, the ACL for lingcod south
of 42° N lat. has shown low attainment
(mean of 38, coefficient of variation of
35, and maximum of 60 percent, Table
2) over the past 10 years, and it is highly
unlikely that the modest reduction to
minimum length would have impacts of
any conservation concern. Further, 70–
90 percent of lingcod south of 40° 10′ N
lat. mortality occurs in the California
recreational fishery, for which the size
limit is already 22 inches (56 cm); thus,
impacts of this action will only affect a
small fraction of overall lingcod fishing
mortality.
TABLE 2—COMMERCIAL, RECREATIONAL, AND TOTAL MORTALITY OF LINGCOD SOUTH OF 40°10′ N LAT., ALONG WITH
ACL AND ACL ATTAINMENT, 2014–2022
Commercial
mortality
(mt)
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Year
2014 .................................................................................................
2015 .................................................................................................
2016 .................................................................................................
2017 .................................................................................................
2018 .................................................................................................
2019 .................................................................................................
2020 .................................................................................................
2021 .................................................................................................
2022 b ...............................................................................................
76
113
82
89
103
123
88
82
94
Recreational
mortality
(mt)
426
597
593
453
346
269
200
228
226
Total
mortality
(mt) a
510
718
682
552
457
397
290
311
322
ACL
(mt)
1,276
1,205
1,136
1,502
1,373
1,143
977
1,255
1,334
ACL
attainment
(percent)
40
60
60
37
33
35
30
25
24
a Commercial and recreational mortality may not sum up to the total mortality, because the total mortality values also include mortality from research and non-groundfish fisheries.
b 2022 mortality values are a combination of landings data and a 3-year average discard mortality estimate. Final 2022 discard mortality estimates are not available until Fall 2023.
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Federal Register / Vol. 88, No. 150 / Monday, August 7, 2023 / Rules and Regulations
TABLE 3—OPTIONS FOR INSEASON ACTION ON THE LINGCOD SIZE LIMIT SOUTH OF 42° N LAT.
Option
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Current regulation ...............
Council recommendation ....
Description
The commercial minimum size limit for lingcod is 24 inches (61 cm) total length south of 42° N lat.
The commercial minimum size limit for lingcod is 22 inches (56 cm) total length south of 42° N lat.
Minimum size limit changes for
lingcod are intended to reduce
regulatory discards, increase retention,
and potentially marginally increase
attainment of the non-trawl, and trawl
allocations. The proposed size limit
reductions do not change projected
impacts to co-occurring rebuilding
species (yelloweye rockfish) compared
to the impacts anticipated in the 2023–
2024 harvest specifications, due a
projection of yelloweye bycatch levels
assuming the entire lingcod allocation is
attained, in the harvest specifications
analysis.
The Council recommendation reads to
lower ‘‘the minimum lingcod size limit
to 22 inches for commercial fisheries
south of 42° N lat.’’. Groundfish
regulations allow for limited retention
of bycatch of lingcod in the commercial
pink shrimp fishery, and also specifies
a minimum size limit for retention of
lingcod (currently of 24 inches (61 cm)
total length). However, the Council and
ancillary bodies did not discuss making
a change to lingcod size limits in the
pink shrimp fishery, or other nongroundfish fisheries with incidental
groundfish catch at the June 2023
meeting. Thus, no changes to the pink
shrimp fishery regulations are
implemented within this rule.
Therefore, the Council recommended
and NMFS is implementing, by
modifying Table 2 North, and South to
part 660, subpart E, and Table 3 North,
and South to part 660, subpart F,
minimum size limit changes for LE and
OA lingcod south of 42° N lat. as shown
above in Table 3. These changes will
start with Period 4 (July and August)
and remain in place through the end of
2023 and beyond, unless otherwise
modified.
The regulation text is also revised in
§ 660.60, paragraph (h)(5)(ii)(A)(2)(ii) to
read as follows: ‘‘South of 42° N lat., for
lingcod with the head removed, the
minimum size limit is 18 inches (46
cm), which corresponds to 22 inches (56
cm) total length for whole fish’’ (limited
entry fixed gear and open access); and
in § 660.60, paragraph (h)(5)(ii)(B)(2)(ii)
to read as follows: ‘‘The minimum size
limit for lingcod South of 42° N lat. is
22 inches (56 cm) total length for whole
fish, which corresponds to 18 inches (46
cm) with the head removed’’
(shorebased IFQ fishery).
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Classification
This final rule makes routine inseason
adjustments to groundfish fishery
management measures, based on the
best scientific information available,
consistent with the PCGFMP and its
implementing regulations.
This action is taken under the
authority of 50 CFR 660.60(c) and is
exempt from review under Executive
Order 12866.
The aggregate data upon which these
actions are based, are available for
public inspection by contacting Dr. Sean
Matson in NMFS West Coast Region (see
FOR FURTHER INFORMATION CONTACT,
above), or view at the NMFS West Coast
Groundfish website: https://
www.fisheries.noaa.gov/species/westcoast-groundfish.
Pursuant to 5 U.S.C. 553(b), NMFS
finds good cause to waive prior public
notice and an opportunity for public
comment on this action, as notice and
comment would be impracticable and
contrary to the public interest. The
adjustments to management measures in
this document increase trip limits and
decrease size limits for fisheries off
California to allow additional economic
opportunity while keeping catch within
allocations established by the 2023–
2024 harvest specifications. The trip
limit increases are for the LE and OA
sectors for bocaccio south of 40°10′ N
lat. Over the year 2023, these changes
are projected to potentially increase
economic value of the fisheries for
bocaccio alone, by $18,519 for LE and
$40,565 for OA, as well as reduce
regulatory discards in these fisheries.
The decreases to minimum length limits
for lingcod off California fishery are
needed to provide alternative
opportunity due to conservation related
constraints in the nearshore, in the form
of smaller lingcod which are preferred
for live markets; and to convert
regulatory discards to landed catch. No
aspect of this action is controversial,
and changes of this nature were
anticipated in the final rule for the
2023–2024 harvest specifications and
management measures which published
on December 16, 2022 (87 FR 77007).
Delaying implementation to allow for
public comment would likely reduce
the economic benefits to the commercial
fishing industry and the businesses that
rely on that industry, because it is
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unlikely the new regulations would
publish and could be implemented in
time to realize the projected benefits to
fishing communities and the resource. A
delay in implementation could also
contribute to unnecessarily discarded
and largely wasted fish, which could
otherwise be landed to provide food and
revenue, and responsible use of the
resource. Therefore, providing a
comment period for this action could
significantly limit the economic benefits
to the fishery, and would hamper the
achievement of optimum yield from the
affected fisheries.
Therefore, the NMFS finds reason to
waive the 30-day delay in effectiveness
pursuant to 5 U.S.C. 553(d)(1) so that
this final rule may become effective
upon publication in the Federal
Register. The adjustments to
management measures in this document
affect fisheries by increasing
opportunity and allowing greater
economic benefit. These adjustments
were requested by the Council’s
advisory bodies, as well as members of
industry during the Council’s June 2023
meeting, and recommended
unanimously by the Council. No aspect
of this action is controversial, and
changes of this nature were anticipated
in the biennial harvest specifications
and management measures established
through a notice and comment
rulemaking for 2023–2024 (87 FR
77007).
List of Subjects in 50 CFR Part 660
Fisheries, Fishing, Indian fisheries.
Authority: 16 U.S.C. 1801 et seq., 16 U.S.C.
773 et seq., and 16 U.S.C. 7001 et seq.
Dated: August 1, 2023.
Jennifer M. Wallace,
Acting Director, Office of Sustainable
Fisheries, National Marine Fisheries Service.
For the reasons set out in the
preamble, 50 CFR part 660 is amended
as follows:
PART 660–FISHERIES OFF WEST
COAST STATES
1. The authority citation for part 660
continues to read as follows:
■
Authority: 16 U.S.C. 1801 et seq., 16
U.S.C. 773 et seq., and 16 U.S.C. 7001 et seq.
2. In § 660.60, revise paragraph
(h)(5)(ii)(A)(2)(ii) and (h)(5)(ii)(B)(2)(ii)
to read as follows:
■
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Federal Register / Vol. 88, No. 150 / Monday, August 7, 2023 / Rules and Regulations
§ 660.60 Specifications and management
measures.
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(h) * * *
(5) * * *
(ii) * * *
(A) * * *
(2) * * *
(ii) South of 42° N lat., for lingcod
with the head removed, the minimum
size limit is 18 inches (46 cm), which
corresponds to 22 inches (56 cm) total
length for whole fish.
*
*
*
*
*
(B) * * *
(2) * * *
(ii) The minimum size limit for
lingcod South of 42° N lat. is 22 inches
(56 cm) total length for whole fish,
52049
which corresponds to 18 inches (46 cm)
with the head removed.
*
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3. Revise Table 2 (North) to part 660,
subpart E, to read as follows:
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BILLING CODE 3510–22–P
4. Revise Table 2 (South) to part 660,
subpart E, to read as follows:
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Federal Register / Vol. 88, No. 150 / Monday, August 7, 2023 / Rules and Regulations
5. Revise Table 3 (North) to part 660,
subpart F, to read as follows:
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52051
6. Revise Table 3 (South) to part 660,
subpart F, to read as follows:
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52052
NMFS is prohibiting directed
fishing for Pacific cod by vessels using
jig gear in the Western Regulatory Area
of the Gulf of Alaska (GOA). This action
is necessary to prevent exceeding the
2023 total allowable catch (TAC) of
Pacific cod by vessels using jig gear in
the Western Regulatory Area of the
GOA.
SUMMARY:
[FR Doc. 2023–16720 Filed 8–2–23; 4:15 pm]
BILLING CODE 3510–22–C
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 679
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RTID 0648–XD088
Fisheries of the Exclusive Economic
Zone Off Alaska; Pacific Cod by
Vessels Using Jig Gear in the Western
Regulatory Area of the Gulf of Alaska
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Temporary rule; closure.
AGENCY:
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Effective 1200 hours, Alaska
local time (A.l.t.), August 2, 2023,
through 2400 hours, A.l.t., December 31,
2023.
FOR FURTHER INFORMATION CONTACT:
Krista Milani, 907–581–2062.
SUPPLEMENTARY INFORMATION: 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 MagnusonDATES:
[Docket No. 230224–0053]
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52053
Stevens 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 2023 Pacific cod TAC
apportioned to vessels using jig gear in
the Western Regulatory Area of the GOA
is 131 metric tons (mt) as established by
the final 2023 and 2024 harvest
specifications for groundfish in the GOA
(88 FR 13238, March 2, 2023).
In accordance with § 679.20(d)(1)(i),
the Regional Administrator has
determined that the 2023 Pacific cod
TAC apportioned to vessels using jig
gear in the Western Regulatory Area of
the GOA will soon be reached.
Therefore, the Regional Administrator is
establishing a directed fishing
allowance of 130 mt and is setting aside
the remaining 1 mt as bycatch to
support other anticipated groundfish
fisheries. In accordance with
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Federal Register / Vol. 88, No. 150 / Monday, August 7, 2023 / Rules and Regulations
]]>Agencies
[Federal Register Volume 88, Number 150 (Monday, August 7, 2023)]
[Rules and Regulations]
[Pages 52046-52053]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-16720]
=======================================================================
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 660
[Docket No. 221206-0261]
RIN 0648-BM50
Magnuson-Stevens Act Provisions; Fisheries Off West Coast States;
Pacific Coast Groundfish Fishery; 2023-2024 Biennial Specifications and
Management Measures; Inseason Adjustments
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Final rule; inseason adjustments to biennial groundfish
management measures.
-----------------------------------------------------------------------
SUMMARY: This final rule announces routine inseason adjustments to
management measures in commercial groundfish fisheries. This action is
intended to allow fishing vessels to access more abundant groundfish
stocks while protecting rebuilding stocks.
DATES: This final rule is effective August 7, 2023.
ADDRESSES: This rule is accessible via the internet at the Office of
the Federal Register website at https://www.federalregister.gov.
Background information and documents are available at the Pacific
Fishery Management Council's website at https://www.pcouncil.org/.
FOR FURTHER INFORMATION CONTACT: Dr. Sean Matson, phone: 206-526-6187
or email: [email protected].
SUPPLEMENTARY INFORMATION:
Background
The Pacific Coast Groundfish Fishery Management Plan (PCGFMP) and
its implementing regulations at title 50 in the Code of Federal
Regulations (CFR), part 660, subparts C through G, regulate fishing for
over 90 species of groundfish seaward of Washington, Oregon, and
California. The Pacific Fishery Management Council (Council) develops
groundfish harvest specifications and management measures for 2-year
periods (biennia). 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). The management measures set at the start of the biennial
harvest specifications cycle help the various sectors of the fishery
attain, but not exceed, the catch limits for each stock. The Council,
in coordination with Pacific Coast Treaty Indian Tribes and the States
of Washington, Oregon, and California, recommends adjustments to the
management measures during the fishing year to achieve this goal.
At its June 2023 meeting, the Council recommended modifying fixed
gear trip limits for limited entry (LE) and open access (OA) fisheries,
for bocaccio rockfish (hereafter bocaccio), south of 40[deg]10' N
latitude (lat.), and minimum length limits for LE and OA lingcod south
of 42[deg] N lat., after updated information regarding projected catch
and attainment became available, as well as requests from industry.
Pacific Coast groundfish fisheries are managed using harvest
specifications or limits (e.g., overfishing limits [OFL], acceptable
biological catch [ABC], annual catch limits [ACL] and harvest
guidelines [HG]) recommended biennially by the Council and based on the
best scientific information available at that time (50 CFR 660.60(b)).
During development of the harvest specifications, the Council also
recommends management measures (e.g., trip limits, area closures, and
bag limits) that are meant to control catch so as not to exceed the
harvest specifications. The harvest specifications and management
measures developed for the 2023-2024 biennium used data through the
2021 fishing year. Each of the adjustments to management measures
discussed below are based on updated fisheries information that was
unavailable when the analysis for the current harvest specifications
was completed. As new fisheries data becomes available, adjustments to
management measures are projected so as to help harvesters achieve but
not exceed the harvest limits.
Bocaccio South of 40[deg]10' N Latitude
Bocaccio on the West Coast is managed as a separate stock south of
40[deg]10' N lat., while bocaccio north of 40[deg]10' N lat. is managed
as part of the minor shelf rockfish north of 40[deg]10' N lat. Bocaccio
south of 40[deg]10' N lat., the subject of this action, is caught both
commercially and recreationally, with commercial vessels harvesting it
with both trawl and fixed gear (longlines and pots/traps) in the bottom
trawl, nearshore, limited entry, and open access fixed gear fisheries.
It is caught in shelf and nearshore areas, often together with
chilipepper rockfish. The 2023 ACL and harvest guideline for bocaccio
south of 40[deg]10' N lat. are 1,842 metric tons (mt), and 1,793.9 mt,
respectively.
At the June 2023 Council meeting, the California Department of Fish
and Wildlife (CDFW) received a request from industry to adjust bocaccio
bimonthly landing accumulation (``trip'') limits for the open access
(OA) fisheries south of 40[deg]10' N. lat.; to increase the trip limit
from 4,000 pounds (1,814 kg) per period (2 month) to 6,000 pounds
(2,721 kg) per period. CDFW analyzed the request, as well as increasing
the LE trip limits for bocaccio, and recommended the increases to
Council. The Council reviewed the analytical documents drafted by the
CDFW, as well as the Groundfish Management Team (GMT), and the
Groundfish Advisory Subpanel (GAP), to inform their discussion and
decision making under the inseason adjustment agenda item.
The intent of increasing trip limits is to increase harvest
opportunities, by reducing discard, for vessels catching bocaccio,
while targeting chilipepper rockfish. The new OA trip limits would
match existing chilipepper trip limits, which are reported to currently
be caught in equal amounts to bocaccio. To evaluate potential increases
to bocaccio trip limits for both the OA and LE fisheries, the CDFW made
model-based catch projections under current regulations and alternative
bocaccio trip limits, including the limits ultimately recommended by
the Council, beginning on July 1 through the remainder of 2023. Table 1
shows the projected bocaccio landings by fishery, relevant bocaccio
allocations, and the projected attainment as a percentage of the
landing target, under both the current trip limits and the Council's
recommended adjusted trip limits. These projections were based on the
most recent catch information available through June 16, 2023.
[[Page 52047]]
Table 1--Projected Landings, Allocation, and Projected Percentage of Bocaccio Attained Through 2023 by Trip
Limit and Fishery
----------------------------------------------------------------------------------------------------------------
Percent
Projected attainment
Option Fishery Trip limit Projected sum catch 2023 non-
catch (mt) (mt) trawl share
(337.8 mt)
----------------------------------------------------------------------------------------------------------------
Current regulation............ LE South of 6,000 lb (2,721 kg)/ 16.2 51.6 15
40[deg]10' N lat. 2 months.
OA South of 4,000 lb (1,814 kg)/ 35.4 ........... ............
40[deg]10' N lat. 2 months.
Council-recommended........... LE South of 8,000 lb (3,629 kg)/ 19.6 65 19
40[deg]10' N lat. 2 months.
OA South of 6,000 lb (2,721 kg)/ 45.4 ........... ............
40[deg]10' N lat. 2 months.
----------------------------------------------------------------------------------------------------------------
As shown in Table 1, under the current trip limits, the model
predicts catch of bocaccio will be at 15 percent, or 51.6 mt of the
337.8 mt commercial non-trawl share for LE and OA fisheries combined,
south of 40[deg]10' N lat.; while under the Council-recommended trip
limits, attainment would be 19 percent, or 65 mt of the 337.8 mt
commercial non-trawl share, for the LE and OA fisheries combined, south
of 40[deg]10' N lat. Under the Council's recommended trip limits,
bocaccio attainment is projected to increase by 4 percent in the LE and
OA fisheries south of 40[deg]10' N lat., from 15 to 19 percent. The
Council as a matter of practice, consistently maintains trip limits in
LE fisheries at a higher level than those of OA, in order to afford a
measure of additional opportunity to fishers with LE permits. Thus, in
this case, the bocaccio LE trip limits were also recommended to be
raised, to maintain a 2,000 lb (907 kg) per 2 months difference between
the LE and OA sectors. Raising the LE trip limits for bocaccio to 8,000
lb (3,629 kg) per 2 months also made them equal to the chilipepper
rockfish trip limits (which were reported by industry to be caught in
approximately equal amounts), south of 34[deg]27' N lat.; and close to
chilipepper limits between 34[deg]27' N lat. and 40[deg]10' N lat.,
currently 10,000 lb (4,536 kg) per 2 months.
Trip limit increases for bocaccio are intended to increase
attainment of the non-trawl harvest guideline (HG), and convert
regulatory discard into landed catch. The proposed trip limit increases
do not change projected impacts to co-occurring rebuilding species
compared to the impacts anticipated in the 2023-2024 harvest
specifications because the projected impacts to those species assume
that the entire bocaccio ACL is harvested. Therefore, the Council
recommended and NMFS is implementing, by modifying Table 2 south to
part 660, subpart E, and Table 3 south to part 660, subpart F, trip
limit changes for the LE and OA fixed gear fisheries south of
40[deg]10' N lat. as shown above in Table 1. These changes will start
with Period 4 (July and August) and remain in place through the end of
2023 and beyond, unless otherwise modified.
Lingcod
For the June 2023 meeting, the GMT received a request to reduce the
lingcod minimum total length limit south of 42[deg] N lat. from 24
inches (61 cm) to 22 inches (56 cm), in groundfish fisheries (both
trawl and non-trawl), during periods 4 through 6 of 2023, in order to
reduce regulatory discards and increase economic opportunity. Industry
reported that constraints from copper and quillback rockfishes off
California are leading to nearshore participants to seek more
opportunity in the live fish market, which prefers fish smaller than
the current commercial limit of 24 inches (61 cm). Lingcod is managed
with two separate ACLs, north and south of 40[deg]10' N lat. The 2023
ACL for lingcod south of 40[deg]10' N lat. is 726 mt. The limit of 24
inches (61 cm) for commercial fisheries south of 42[deg] N lat. has
been in place since 1998.
The intended, and most likely impact of this small change to
minimum size length is to convert regulatory discards of slightly
smaller fish into landings, resulting in a negligible overall change in
overall commercial fishing mortality. Additionally, the ACL for lingcod
south of 42[deg] N lat. has shown low attainment (mean of 38,
coefficient of variation of 35, and maximum of 60 percent, Table 2)
over the past 10 years, and it is highly unlikely that the modest
reduction to minimum length would have impacts of any conservation
concern. Further, 70-90 percent of lingcod south of 40[deg] 10' N lat.
mortality occurs in the California recreational fishery, for which the
size limit is already 22 inches (56 cm); thus, impacts of this action
will only affect a small fraction of overall lingcod fishing mortality.
Table 2--Commercial, Recreational, and Total Mortality of Lingcod South of 40[deg]10' N Lat., Along With ACL and
ACL Attainment, 2014-2022
----------------------------------------------------------------------------------------------------------------
Total ACL
Year Commercial Recreational mortality ACL (mt) attainment
mortality (mt) mortality (mt) (mt) \a\ (percent)
----------------------------------------------------------------------------------------------------------------
2014..................................... 76 426 510 1,276 40
2015..................................... 113 597 718 1,205 60
2016..................................... 82 593 682 1,136 60
2017..................................... 89 453 552 1,502 37
2018..................................... 103 346 457 1,373 33
2019..................................... 123 269 397 1,143 35
2020..................................... 88 200 290 977 30
2021..................................... 82 228 311 1,255 25
2022 \b\................................. 94 226 322 1,334 24
----------------------------------------------------------------------------------------------------------------
\a\ Commercial and recreational mortality may not sum up to the total mortality, because the total mortality
values also include mortality from research and non-groundfish fisheries.
\b\ 2022 mortality values are a combination of landings data and a 3-year average discard mortality estimate.
Final 2022 discard mortality estimates are not available until Fall 2023.
[[Page 52048]]
Table 3--Options for Inseason Action on the Lingcod Size Limit South of 42[deg] N Lat.
----------------------------------------------------------------------------------------------------------------
Option Description
----------------------------------------------------------------------------------------------------------------
Current regulation.................................. The commercial minimum size limit for lingcod is 24 inches
(61 cm) total length south of 42[deg] N lat.
Council recommendation.............................. The commercial minimum size limit for lingcod is 22 inches
(56 cm) total length south of 42[deg] N lat.
----------------------------------------------------------------------------------------------------------------
Minimum size limit changes for lingcod are intended to reduce
regulatory discards, increase retention, and potentially marginally
increase attainment of the non-trawl, and trawl allocations. The
proposed size limit reductions do not change projected impacts to co-
occurring rebuilding species (yelloweye rockfish) compared to the
impacts anticipated in the 2023-2024 harvest specifications, due a
projection of yelloweye bycatch levels assuming the entire lingcod
allocation is attained, in the harvest specifications analysis.
The Council recommendation reads to lower ``the minimum lingcod
size limit to 22 inches for commercial fisheries south of 42[deg] N
lat.''. Groundfish regulations allow for limited retention of bycatch
of lingcod in the commercial pink shrimp fishery, and also specifies a
minimum size limit for retention of lingcod (currently of 24 inches (61
cm) total length). However, the Council and ancillary bodies did not
discuss making a change to lingcod size limits in the pink shrimp
fishery, or other non-groundfish fisheries with incidental groundfish
catch at the June 2023 meeting. Thus, no changes to the pink shrimp
fishery regulations are implemented within this rule.
Therefore, the Council recommended and NMFS is implementing, by
modifying Table 2 North, and South to part 660, subpart E, and Table 3
North, and South to part 660, subpart F, minimum size limit changes for
LE and OA lingcod south of 42[deg] N lat. as shown above in Table 3.
These changes will start with Period 4 (July and August) and remain in
place through the end of 2023 and beyond, unless otherwise modified.
The regulation text is also revised in Sec. 660.60, paragraph
(h)(5)(ii)(A)(2)(ii) to read as follows: ``South of 42[deg] N lat., for
lingcod with the head removed, the minimum size limit is 18 inches (46
cm), which corresponds to 22 inches (56 cm) total length for whole
fish'' (limited entry fixed gear and open access); and in Sec. 660.60,
paragraph (h)(5)(ii)(B)(2)(ii) to read as follows: ``The minimum size
limit for lingcod South of 42[deg] N lat. is 22 inches (56 cm) total
length for whole fish, which corresponds to 18 inches (46 cm) with the
head removed'' (shorebased IFQ fishery).
Classification
This final rule makes routine inseason adjustments to groundfish
fishery management measures, based on the best scientific information
available, consistent with the PCGFMP and its implementing regulations.
This action is taken under the authority of 50 CFR 660.60(c) and is
exempt from review under Executive Order 12866.
The aggregate data upon which these actions are based, are
available for public inspection by contacting Dr. Sean Matson in NMFS
West Coast Region (see FOR FURTHER INFORMATION CONTACT, above), or view
at the NMFS West Coast Groundfish website: https://www.fisheries.noaa.gov/species/west-coast-groundfish.
Pursuant to 5 U.S.C. 553(b), NMFS finds good cause to waive prior
public notice and an opportunity for public comment on this action, as
notice and comment would be impracticable and contrary to the public
interest. The adjustments to management measures in this document
increase trip limits and decrease size limits for fisheries off
California to allow additional economic opportunity while keeping catch
within allocations established by the 2023-2024 harvest specifications.
The trip limit increases are for the LE and OA sectors for bocaccio
south of 40[deg]10' N lat. Over the year 2023, these changes are
projected to potentially increase economic value of the fisheries for
bocaccio alone, by $18,519 for LE and $40,565 for OA, as well as reduce
regulatory discards in these fisheries. The decreases to minimum length
limits for lingcod off California fishery are needed to provide
alternative opportunity due to conservation related constraints in the
nearshore, in the form of smaller lingcod which are preferred for live
markets; and to convert regulatory discards to landed catch. No aspect
of this action is controversial, and changes of this nature were
anticipated in the final rule for the 2023-2024 harvest specifications
and management measures which published on December 16, 2022 (87 FR
77007).
Delaying implementation to allow for public comment would likely
reduce the economic benefits to the commercial fishing industry and the
businesses that rely on that industry, because it is unlikely the new
regulations would publish and could be implemented in time to realize
the projected benefits to fishing communities and the resource. A delay
in implementation could also contribute to unnecessarily discarded and
largely wasted fish, which could otherwise be landed to provide food
and revenue, and responsible use of the resource. Therefore, providing
a comment period for this action could significantly limit the economic
benefits to the fishery, and would hamper the achievement of optimum
yield from the affected fisheries.
Therefore, the NMFS finds reason to waive the 30-day delay in
effectiveness pursuant to 5 U.S.C. 553(d)(1) so that this final rule
may become effective upon publication in the Federal Register. The
adjustments to management measures in this document affect fisheries by
increasing opportunity and allowing greater economic benefit. These
adjustments were requested by the Council's advisory bodies, as well as
members of industry during the Council's June 2023 meeting, and
recommended unanimously by the Council. No aspect of this action is
controversial, and changes of this nature were anticipated in the
biennial harvest specifications and management measures established
through a notice and comment rulemaking for 2023-2024 (87 FR 77007).
List of Subjects in 50 CFR Part 660
Fisheries, Fishing, Indian fisheries.
Authority: 16 U.S.C. 1801 et seq., 16 U.S.C. 773 et seq., and 16
U.S.C. 7001 et seq.
Dated: August 1, 2023.
Jennifer M. Wallace,
Acting Director, Office of Sustainable Fisheries, National Marine
Fisheries Service.
For the reasons set out in the preamble, 50 CFR part 660 is amended
as follows:
PART 660-FISHERIES OFF WEST COAST STATES
0
1. The authority citation for part 660 continues to read as follows:
Authority: 16 U.S.C. 1801 et seq., 16 U.S.C. 773 et seq., and
16 U.S.C. 7001 et seq.
0
2. In Sec. 660.60, revise paragraph (h)(5)(ii)(A)(2)(ii) and
(h)(5)(ii)(B)(2)(ii) to read as follows:
[[Page 52049]]
Sec. 660.60 Specifications and management measures.
* * * * *
(h) * * *
(5) * * *
(ii) * * *
(A) * * *
(2) * * *
(ii) South of 42[deg] N lat., for lingcod with the head removed,
the minimum size limit is 18 inches (46 cm), which corresponds to 22
inches (56 cm) total length for whole fish.
* * * * *
(B) * * *
(2) * * *
(ii) The minimum size limit for lingcod South of 42[deg] N lat. is
22 inches (56 cm) total length for whole fish, which corresponds to 18
inches (46 cm) with the head removed.
* * * * *
0
3. Revise Table 2 (North) to part 660, subpart E, to read as follows:
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0
4. Revise Table 2 (South) to part 660, subpart E, to read as follows:
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[GRAPHIC] [TIFF OMITTED] TR07AU23.709
0
5. Revise Table 3 (North) to part 660, subpart F, to read as follows:
[[Page 52051]]
[GRAPHIC] [TIFF OMITTED] TR07AU23.710
0
6. Revise Table 3 (South) to part 660, subpart F, to read as follows:
[[Page 52052]]
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[[Page 52053]]
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[FR Doc. 2023-16720 Filed 8-2-23; 4:15 pm]
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