Magnuson-Stevens Act Provisions; Fisheries Off West Coast States; Pacific Coast Groundfish Fishery; 2023-2024 Biennial Specifications and Management Measures; Inseason Adjustments, 67656-67666 [2023-21710]
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Federal Register / Vol. 88, No. 189 / Monday, October 2, 2023 / Rules and Regulations
availability on the fishing grounds, the
migratory nature of this species, and the
regional variations in the BFT fishery.
Providing prior notice and opportunity
for public comment on this quota
transfer of the General category is
impracticable and contrary to the public
interest as the General category fishery
will open on October 1 for the October
through November time period. Based
on General category catch rates, a delay
in this action would likely result in BFT
landings exceeding the adjusted October
through November 2023 General
category quota shortly after the opening
on October 1. Subquota exceedance may
result in the need to reduce quota for
the General category later in the year
and thus could affect later fishing
opportunities. NMFS could not have
proposed this action earlier, as it needed
to consider and respond to updated
landings data, in deciding to transfer a
portion of the Reserve category quota to
the General category quota. This action
does not raise conservation and
management concerns. Transferring
quota from the Reserve category to the
General category does not affect the
overall U.S. BFT quota, and available
data show the adjustment would have a
minimal risk of exceeding the ICCATallocated quota. NMFS notes that the
public had an opportunity to comment
on the underlying rulemakings that
established the U.S. BFT quota and the
inseason adjustment criteria.
For all of the above reasons, the AA
finds that pursuant to 5 U.S.C. 553(d),
there is good cause to waive the 30-day
delay in effective date.
Authority: 16 U.S.C. 971 et seq. and 1801
et seq.
Dated: September 27, 2023.
Jennifer M. Wallace,
Acting Director, Office of Sustainable
Fisheries, National Marine Fisheries Service.
[FR Doc. 2023–21707 Filed 9–27–23; 4:15 pm]
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BILLING CODE 3510–22–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 660
[Docket No. 221206–0261]
RIN 0648–BM62
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
and recreational groundfish fisheries for
the remainder of the 2023 fishing year.
This action is intended to allow
commercial and recreational fishing
vessels to access more abundant
groundfish stocks while protecting
overfished and depleted stocks.
DATES: This final rule is effective
October 2, 2023.
ADDRESSES: Electronic Access: This rule
is accessible via the internet at the
Office of the Federal Register website at
https://www.federalregister.gov.
Background information and documents
are available at the Pacific Fishery
Management Council’s website at https://
www.pcouncil.org/ including the 2021
stock assessment for quillback rockfish
(see Agenda Item E.2, Attachment 4,
November 2021) and supporting
information for the Council’s
recommendations at the September
2023 meeting.
FOR FURTHER INFORMATION CONTACT:
Keeley Kent, phone: 206–247–8252 or
email: keeley.kent@noaa.gov.
SUPPLEMENTARY INFORMATION:
SUMMARY:
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
in the exclusive economic zone (EEZ)
off the coasts 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 (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). In
general, the management measures set at
the start of the biennial harvest
specifications cycle help the various
sectors of the fishery attain, but not
exceed, the catch limits for each stock.
The Council, in coordination with
Pacific Coast Treaty Indian Tribes and
the States of Washington, Oregon, and
California, recommends adjustments to
the management measures during the
fishing year to achieve this goal.
At its September 2023 meeting, in an
effort to limit mortality of quillback
rockfish off California (as discussed
below), the Council recommended
NMFS prohibit quillback rockfish
retention in federal waters off California
in all recreational (i.e., bag limit of zero)
and commercial (i.e., zero retention
under trip limit for minor nearshore
rockfish complex) groundfish fisheries;
close the ‘‘nearshore’’ recreational
groundfish fisheries for the remainder of
2023 in federal waters for the Northern
Groundfish Management Area (GMA),
Mendocino GMA, San Francisco GMA,
and Central GMA; and prohibit
recreational vessels from fishing in
federal waters shoreward of the 50
fathom rockfish conservation area (RCA)
boundary line. Shelf rockfish, slope
rockfish, and lingcod may be taken
seaward of the 50-fathom boundary line
by recreational vessels, while it will be
unlawful to take or possess nearshore
rockfish, cabezon or greenlings at any
depth in federal waters by recreational
vessels. To further limit incidental catch
and discards of quillback rockfish, the
Council also recommended modifying
fixed gear trip limits between 42° North
(N) latitude (lat.) to 34°27′ N lat. for
limited entry (LE) and open access (OA)
fisheries for the following co-occurring
species: Minor Shelf Rockfish complex,
widow rockfish, yellowtail rockfish,
canary rockfish, Minor Nearshore
Rockfish complex, lingcod, chilipepper
rockfish, bocaccio rockfish, and
cabezon.
In addition to the quillback rockfish
related management measure
adjustments, the Council recommended
modifying fixed gear trip limits for LE
and OA fisheries for sablefish north of
36° N lat. and lingcod north of 42° N lat.
All of the inseason actions the Council
recommended were adjustments to be
implemented for the remainder of the
2023 fishing year.
Pacific Coast groundfish fisheries are
managed using harvest specifications or
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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., Annual Catch Targets (ACTs), trip
limits, area closures, and bag limits) that
are meant to mitigate catch so as not to
exceed the harvest specifications. The
harvest specifications and mitigation
measures developed for the 2023–2024
biennium used data through the 2021
fishing year. Each of the adjustments to
mitigation 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 mitigation measures are
projected so as to help harvesters
achieve but not exceed the harvest
limits.
Quillback Rockfish Off California
Under current management, quillback
rockfish are a contributing species
within the Minor Nearshore Rockfish
complex north and south of 40°10′ N lat.
The harvest specifications for this
species (ACL, ABC, OFL) contribute to
the harvest specifications of the
complex. Quillback rockfish was
assessed in 2021 and that assessment
was determined to be the best scientific
information available by the Pacific
Fishery Management Council’s Science
and Statistical Committee as well as
NMFS (see ADDRESSES). Due to
differences in data availability and
fishery exploitation, the quillback
rockfish assessment split the species
into three separate assessment areas by
state boundary line. The individual
assessment areas suggested differences
in abundance and potential localized
depletion. The assessment for the
portion of quillback rockfish off
California indicated that population is
depleted and limited mixing with other
populations of quillback rockfish off the
West Coast is thought to occur.
Additionally, the assessment indicated
the species has been fished at levels too
high to maintain good yields and a
healthy population since the 1990s.
In an analysis for the November 2021
Council meeting, a report by the
Groundfish Management Team (GMT)
showed continued exceedances of the
OFL contribution of quillback rockfish
to the nearshore rockfish complex every
year in all 4 years between 2017 and
2020 (Agenda Item E.3.a GMT Report 2,
November 2021). Additionally, the
Council noted that quillback rockfish
has a 2.22 vulnerability score, making it
one of the most vulnerable rockfishes in
the PCGFMP. For these reasons, the
Council recommended species-specific
ACTs for quillback rockfish off the coast
of California as part of the 2023–24
harvest specifications and management
measures (87 FR 77007, December 16,
2022) to support better tracking of
mortality in light of the depleted nature
of quillback off California.
Quillback rockfish have a shared
commercial and recreational speciesspecific ACT of 0.87 metric tons (mt) for
the area between 42° N lat. and 40°10′
N lat. and 0.89 mt for south of 40°10′ N
lat. (see 50 CFR 660 Table 1a and Table
2a). The ACTs were set under the 2023–
24 Groundfish Harvest Specifications
and Management Measures action in
response to the 2021 stock assessment
for quillback rockfish off the coast of
California, which has been deemed the
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best scientific information available by
NOAA Fisheries and the scientific
advisors to the Council. Given quillback
rockfish are currently managed in a
stock complex, the new ACT was meant
to essentially formalize the ACL
contributions for management purposes.
Setting the ACTs equal to the ACL
contributions allows the Council to
recommend necessary management
measures inseason when the ACL
contribution is met or projected to be
met. Exceeding the ACL contribution for
species in a complex would otherwise
typically not trigger a Council response
or accountability measure.
At the September 2023 Council
meeting, the California Department of
Fish and Wildlife (CDFW) requested
that the Council take action in federal
waters similar to management measures
recently taken in California state waters
as a result of mortality of quillback
rockfish off California estimated to
substantially exceed the federally set
harvest limits (see ADDRESSES). Updated
quillback rockfish mortality as of
August 27, 2023, for California
recreational fisheries and September 5,
2023 for California commercial landings
is provided in Table 1 below (Agenda
Item G.8.a Supplemental GMT Report 5,
September 2023). Table 1 demonstrates
that estimated mortality across
California (4.12 mt), without taking into
account commercial discards, is
substantially higher than the combined
ACTs (1.76 mt) and substantially higher
than the combined OFL contributions
(2.1 mt). Therefore, because the ACTs
were set in order to address localized
depletion identified in the 2021 stock
assessment, the Council determined that
major reductions in fishing opportunity
for the remainder of the year are
warranted.
TABLE 1—BEST ESTIMATE OF 2023 CALIFORNIA QUILLBACK ROCKFISH COMMERCIAL NON-TRAWL LANDINGS AND
RECREATIONAL MORTALITY, IN METRIC TONS (MT)
[California Recreational Fishery Survey (CRFS) estimates through June, Anticipated Catch Values (ACVs) through August 27; commercial landings data retrieved from PacFIN September 5. Inseason catch estimates are compared to the 2023 quillback rockfish ACT/ACL contributions
north and south of 40°10′ N lat.]
Estimated
recreational
total mortality
(mt)
Area
North 40°10′ N lat ................................................
South 40°10′ N lat ...............................................
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a Commercial
1.75
1.84
Combined
mortality
(mt) a
0.25
0.28
2023 Quillback
ACT
(= ACL contribution)
(mt)
2.00
2.12
0.87
0.89
%
Attainment
230
238
does not include estimated discard mortality.
In response, the Council’s GMT
conducted analysis to see if there were
any particular aspects of the fishery (by
sector, location, gear type, etc.) where
quillback were most commonly
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Commercial
landings
(mt)
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encountered, in order to narrow the
scope of potential restrictions that may
be most effective at reducing further
impacts to quillback rockfish for the
remainder of 2023.
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The GMT analyzed observer
(commercial only) and landings data
(commercial and recreational) from
2021 and 2022 for the two geographic
areas off the coast of California with
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quillback rockfish ACTs in 2023:
between 42° N lat. and 40°10′ N lat. and
south of 40°10′ N lat. The sectors with
highest estimated quillback rockfish
removals in 2021 and 2022 were as
follows: landings in the recreational
fishery south of 40°10′ N lat. (7.5 mt in
2021 and 6.3 mt in 2022), discard
mortality in the OA fixed gear fishery
north of 40°10′ N lat. in 2022 (5.3 mt),
landings in the recreational fishery
north of 40°10′ N lat. (3.0 mt in 2021
and 2.9 mt in 2022), and both landings
and discards combined in the nearshore
fishery both north (2.2 mt in 2021 and
1.9 mt in 2022) and south (2.7 mt in
2021 and 1.6 mt in 2022).
This information indicated that in
2021 and 2022, most landed catch of
quillback rockfish was from recreational
fisheries, OA fixed gear had high
estimated discards in 2022, and the
nearshore fishery has a relatively lower
overall but more consistent harvest
tonnage from a mix of both landings and
discards. Further investigation on
commercial fishery encounters
indicated that very few trips in the OA
fixed gear fishery that fished with hook
and line gears caught quillback rockfish
in 2021 and 2022 (approximately 2
percent of trips between 42° N lat. and
40°10′ N lat. and less than 0.2 percent
of trips south of 40°10′ N lat.).
Comparatively, the nearshore fishery
has much higher encounter rates with
quillback rockfish, with approximately
15 percent of trips between 42° N lat.
and 40°10′ N lat. and 6 percent of trips
south of 40°10′ N lat. catching quillback
rockfish.
A further consideration of limited
available spatial data indicated that
quillback rockfish are very rarely
encountered in waters deeper than 50
fathoms (91.4 meters (m)) but that the
depth ranges where they are most
commonly encountered varies
somewhat by latitude with more
attributed catches in shallower depths
(e.g., 11–30 fathoms, 20.1–54.9 m) in the
more northern areas and deeper than 20
fathoms (36.6 m) in southern parts of
the California coast.
The GMT also looked at whether the
legal non-bottom contact hook-and-line
gear allowed in the non-trawl rockfish
conservation area (RCA) (50 CFR
660.330(b)(3)) has been encountering
quillback rockfish. This gear was a new
management measure under the 2023–
24 harvest specifications and
management measures (87 FR 77007,
December 16, 2022) within the nontrawl RCA in order to provide
additional opportunity to commercial
non-trawl fisheries to target healthy
stocks while relieving pressure on
depleted or constraining nearshore
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stocks. While data is limited so far, the
gear configurations have shown to have
relatively low bycatch of groundfish
species of concern while being able to
harvest healthy midwater rockfish. In
the 14 years the three Experimental
Fishing Permits (EFPs) operated that
used similar gear (Emley-Platt, Real
Good Fish, and Oregon RFA EFP), a
total of only three quillback rockfish
were caught. Further analysis showed
that of the 108 mt of total catch in all
three EFPs combined, approximately
only 3 percent was quillback rockfish.
In light of this new information, the
Council recommended limiting the
closures of trip limits by gear type and
by area in order to maintain some
fishing opportunity with limited
quillback rockfish impacts, and focusing
action on the sectors with greater
quillback impacts. The
recommendations from the Council are
projected to reduce take of quillback
rockfish in order to address localized
depletion while minimizing the
economic impact to fishing
communities to the extent possible.
Therefore, the Council recommended
and NMFS is implementing, by
modifying Tables 2 North and South to
part 660, subpart E, Tables 3 North and
South to part 660, subpart F, and 50
CFR 660.360(c)(3), a zero pound trip
and bag limits, thereby effectively
prohibiting retention of quillback
rockfish off California (south of 42° N
lat.) in both commercial (0 lbs per
bimonthly period trip limit) and
recreational fisheries in federal waters
(0 lbs bag limit). The Council also
recommended and NMFS is
implementing, by Tables 2 North and
South to part 660, subpart E, a zero
pound trip limit for LE fisheries,
effectively closing those LE fisheries for
period 6 (November–December)
between 42° North (N) latitude (lat.) to
34°27′ N lat. (unless otherwise
specified) for the following stocks and
complexes: Minor Shelf Rockfish
complex, widow rockfish, yellowtail
rockfish (42° N lat. to 40°10′ N lat),
canary rockfish, Minor Nearshore
Rockfish complex, lingcod, chilipepper
rockfish (40°10′ N lat. to 34°27′ N lat.),
bocaccio rockfish (40°10′ N lat. to 34°27′
N lat.), and cabezon.
The Council recommended and
NMFS is implementing, by modifying
Tables 3 North and South to part 660,
subpart F, a zero pound trip limit for
OA fisheries, effectively closing the OA
fisheries for period 6 (November–
December) between 42° North (N)
latitude (lat.) to 34°27′ N lat. for the
following stocks and complexes: Minor
Nearshore Rockfish complex, lingcod,
and cabezon.
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The Council recommended and
NMFS is implementing, by modifying
Tables 3 North and South to part 660,
subpart F, a zero pound trip limit for
OA fisheries, effectively closing the OA
fishieries for period 6 (November–
December), except for vessels using
legal non-bottom contact hook and line
gear (as defined at § 660.330(b)(3))
between 42° North (N) latitude (lat.) to
34°27′ N lat. (unless otherwise
specified) for the following stocks and
complexes: minor shelf rockfish (42° N
lat. to 40°10′ N lat), widow rockfish,
yellowtail rockfish (42° N lat. to 40°10′
N lat), canary rockfish, chilipepper
rockfish (40°10′ N lat. to 34°27′ N lat.),
and bocaccio rockfish (40°10′ N lat. to
34°27′ N lat.).
Additionally, the Council
recommended and NMFS is
implementing, by modifying 50 CFR
660.360, a closure for the nearshore
recreational groundfish fisheries for the
remainder of 2023 in federal waters for
the Northern GMA, Mendocino GMA,
San Francisco GMA, and Central GMA;
and prohibiting recreational vessels
from fishing in federal waters shoreward
of the 50 fathom RCA boundary line.
Shelf rockfish, slope rockfish, and
lingcod may be taken seaward of the 50fathom boundary line by recreational
vessels, while it will be unlawful to take
or possess nearshore rockfish, cabezon
or greenlings at any depth in federal
waters by recreational vessels.
Vermilion Rockfish
Vermilion rockfish off California are
currently managed as part of the Minor
Shelf Rockfish complex, south of 40°10′
N latitude; as well as the Minor Shelf
Rockfish complex north of 40°10′ N
latitude, but only in the area between
42° and 40°10′ N lat. For 2023, the
southern complex has an ACL of 1,469
mt, and vermilion rockfish has an ACL
contribution of 281.3 mt; the northern
complex has an ACL of 1,283 mt, and
vermilion rockfish has an ACL
contribution of 6.5 mt within it.
With the changes described above,
which will shift fishing effort from the
nearshore out to the shelf, concerns
about limiting shelf stocks, specifically
vermilion rockfish, arose. Due to the
high value of vermilion rockfish, there
are concerns about potential effort
increases to minor shelf rockfish
species, especially vermilion rockfish,
as well as additional concerns with noncompliance in utilizing the legal nonbottom contact hook and line gear (as
defined at § 660.330(b)(3)). While the
Council intends to minimize impacts to
quillback rockfish, the intent of this
action is also to avoid overharvesting
other species. To achieve this, the
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Council recommended reducing trip
limits to minimize the potential for
effort shift. Within the Minor Shelf
Rockfish Complex, vermilion rockfish
south of 40°10′ ACL contribution is
projected to be exceeded and therefore
the Council determined that additional
trip limit reductions should be taken.
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The expected mortality under current
limits are shown in Table 2.
TABLE 2—PROJECTED LANDINGS OF VERMILION, VERMILION ALLOCATION, AND PROJECTED PERCENTAGE OF VERMILION
ATTAINED THROUGH THE END OF THE YEAR BY CURRENT TRIP LIMIT AND FISHERY
Projected
landings
(mt)
Area
42° N lat.–40°10′ N lat .............................................
40°10′ N lat.–34°27′ N lat ........................................
Given that the new LE trip limits for
the Minor Shelf Rockfish complex will
be set to zero for the areas between 42°
N lat. to 40°10′ N lat. and 40°10′ N lat.
to 34°27′ N lat. for period 6 (November–
December), it is assumed that the LE
entrants will shift their effort to the OA
fishery when targeting the Minor Shelf
Rockfish complex since legal nonbottom contact hook and line gear (as
defined at § 660.330(b)(3)) will still be
allowed in that area. Therefore, the
GMT analyzed the potential reduction
to open access Minor Shelf Rockfish
complex trip limits between 42° N lat.
to 40°10′ N lat. and 40°10′ N lat. to
34°27′ N lat. Additionally, the GMT
analyzed a potential reduction to the
vermilion rockfish subtrip limit between
40°10′ N lat. and 34°27′ N lat. (Agenda
Item G.8.a Supplemental GMT Report 5,
September 2023).
Consequently, the Council
recommended and NMFS is
implementing, by modifying Tables 3
North and South to part 660, subpart F,
a closure of the Minor Shelf Rockfish
complex trip limit for all OA gear
between 42° N lat. to 34°27′ N lat.
except legal non-bottom contact hook
and line gear (as defined at
§ 660.330(b)(3)) (as discussed above).
For vessels using legal non-bottom
contact hook and line gear, the Council
recommended and NMFS is
6.7 mt
375.0 mt
Projected
attainment of ACL
contribution
OFL/ABC/ACL Contribution to the
Minor Shelf Complex
OFL=6.99; ABC/ACL=6.54 ......................................
OFL=311.24; ABC/ACL=281.3 ................................
implementing a reduction in the Minor
Shelf Rockfish complex trip limits for
period 6 (November–December).
Between 42° N lat. to 40°10′ N lat., the
Minor Shelf Rockfish trip limit will be
400 lbs. (181.4 kg) per month. Between
40° 10′ N lat. to 34°27′ N lat., the trip
limit will be 2,000 lbs. (907.2 kg) per
bimonthly period, of which no more
than 200 lb. (90.7 kg) may be vermilion
rockfish.
Sablefish
Sablefish is an important commercial
species on the west coast with vessels
targeting sablefish with both trawl and
fixed gear (longlines and pots/traps).
Sablefish is managed with a coast-wide
ACL that is apportioned north and south
of 36° N lat. based on a 5-year rolling
average of swept-area biomass from the
trawl survey. In 2023, the portion of the
ACL for sablefish north of 36° N lat. is
8,486 mt with a fishery HG of 7,600 mt.
The fishery HG north of 36° N lat. is
further divided between the Limited
Entry Fixed Gear (LEFG) and OA sectors
with 90.6 percent, or 6,885 mt, going to
the LEFG sector and 9.4 percent, or 714
mt, going to the OA sector.
At the September 2023 Council
meeting, the Council’s GMT received
requests from industry members and
members of the Council’s Groundfish
Advisory Subpanel to examine the
102
133
potential to increase sablefish trips
limits for the LEFG and OA fisheries
north of 36° N lat. Landings in both
northern sectors are tracking well below
their respective sector-specific targets so
far in 2023, and the LEFG sector in
particular had a slow start to the fishing
season, largely driven by fishing
opportunities off Alaska. The intent of
increasing trip limits is to increase
harvest opportunities for vessels
targeting sablefish. To evaluate potential
increases to sablefish trip limits, the
GMT made model-based landings
projections under current regulations
and alternative sablefish trip limits,
including the limits ultimately
recommended by the Council, for the
LEFG and OA fisheries through the
remainder of the year. Table 4 shows the
projected sablefish landings, the
sablefish allocations, and the projected
attainment percentage by fishery under
both the current trip limits and the
Council’s recommended adjusted trip
limits. These projections were based on
the most recent catch information
available through early September 2023.
Industry did not request changes to
sablefish trip limits for the LEFG or OA
fishery south of 36° N lat. Therefore,
NMFS and the Council did not consider
trip limit changes for these fisheries at
this time.
TABLE 3—PROJECTED LANDINGS OF SABLEFISH, SABLEFISH ALLOCATION, AND PROJECTED PERCENTAGE OF SABLEFISH
ATTAINED THROUGH THE END OF THE YEAR BY TRIP LIMIT AND FISHERY
Fishery
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LEFG North of 36° N lat.
OA North of 36° N lat. .....
VerDate Sep<11>2014
Projected
landings
(round weight)
(mt)
Trip limits
Current: 4,500 lb. (2,042 kg)/week, not to exceed 9,000 lb. (4,082
kg)/two months.
Recommended: 9,000 lb. (4,082 kg)/week, not to exceed 18,000
lb. (8,165 kg)/two months.
Current: 3,000 lb. (1,361 kg)/day, not to exceed 6,000 lb. (2,722
kg)/two months.
Recommended: 4,000 lb. (1,814 kg)/day, not to exceed 8,000 lb.
(8,629 kg)/two months.
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215–240
Allocation
(mt)
417
317–364
520–561
599–654
02OCR1
Projected
percentage
attained
52–58
82–87
687
76–82
87–95
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Federal Register / Vol. 88, No. 189 / Monday, October 2, 2023 / Rules and Regulations
As shown in Table 4, under the
current trip limits, the model predicts
catches of sablefish will be at or below
58 percent, or 240 mt of the 417 mt
allocation, for LEFG and 82 percent, or
561 mt of the 687 mt allocation, for OA
fishery north of 36° N lat. Under the
Council’s recommended trip limits,
sablefish attainment is projected to
increase in the LEFG and OA fisheries
north of 36° N lat. up to 87 and 95
percent, respectively.
Trip limit increases for sablefish are
intended to increase attainment of the
non-trawl HG. The recommended trip
limit increases do not change projected
impacts to co-occurring rebuilding
species compared to the impacts
anticipated in the 2023–24 harvest
specifications because the projected
impacts to those species assume that the
entire sablefish ACL is harvested.
Therefore, the Council recommended
and NMFS is implementing, by
modifying Tables 2 North and South to
part 660, subpart E, trip limit changes
for the LEFG fishery north of 36° N lat.
to set the limits at ‘‘9,000 lbs. (4,082.3
kg)/week not to exceed 18,000 lbs.
(8,164.7 kg)/2 months’’ beginning in
period 6 (November–December) through
the end of the year. NMFS is also
implementing, by modifying Tables 3
North and South to part 660, subpart F,
trip limit changes for the OA sablefish
fishery north of 36° N lat. to set the
limits at 4,000 lbs. (1,814.4 kg)/week not
to exceed 8,000 lbs. (3,628.7 kg)/2
months starting with period 6
(November–December) through the end
of the year.
Lingcod
Prior to the September 2023 meeting,
the GMT also received a request to
increase the lingcod trip limits north of
42° N lat. to reduce regulatory
discarding and increase economic
opportunity. Status quo is currently
resulting in regulatory discard for
certain participants in the fishery.
Lingcod is managed with an ACL north
of 40°10′ N lat. and an ACL south of
40°10′ N lat. The 2023 ACL for lingcod
north of 40°10′ N lat. is 4,378 mt.
To evaluate potential increases to
lingcod trip limits north of 42° N lat.,
the GMT made model-based landings
projections under current regulations
and alternative trip limits, including the
limits ultimately recommended by the
Council, for the LE and OA fisheries
through the remainder of the year. Table
5 shows the projected lingcod landings,
the lingcod allocations, and the
projected attainment percentage by
fishery under both the current trip
limits and the Council’s recommended
adjusted trip limits for north of 42° N
lat. These projections were based on the
most recent catch information available
through late August 2023.
lotter on DSK11XQN23PROD with RULES1
TABLE 4—PROJECTED LANDINGS OF LINGCOD, LINGCOD ALLOCATION, AND PROJECTED PERCENTAGE OF LINGCOD NORTH
OF 42° N LAT. ATTAINED THROUGH THE END OF THE YEAR BY TRIP LIMIT AND FISHERY
Projected
landings
(round weight)
(mt)
Fishery
Trip limits
LE North of 42° N lat ...............................
OA North of 42° N lat ..............................
LE North of 42° N lat ...............................
OA North of 42° N lat ..............................
Current: 7,000 lb. (3,175.1 kg)/two months ..............................................................
Current: 3,500 lb. (1,587.6 kg)/month.
Recommended: 9,000 lb. (4,082.3 kg)/two months ..................................................
Recommended: 4,500 lb. (2,041.2 kg)/month.
Under the current trip limits, the
model predicts catches of lingcod north
of 42° N lat. will total 160.8 mt, which
is 7.1 percent of the 2023 non-trawl
allocation of lingcod (2,254.1 mt). Under
the Council’s recommended trip limits,
lingcod mortality north of 42° N lat. is
expected to increase to 166.0 mt, which
is 7.4 percent of the 2023 non-trawl
allocation of lingcod.
Trip limit increases for lingcod are
intended to marginally increase
attainment of the non-trawl allocation.
The recommended trip limit increases
do not appreciably 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 lingcod ACL is harvested.
Therefore, the Council recommended
and NMFS is implementing, by
modifying Table 2 North to part 660,
subpart E, and Table 3 North to part
660, subpart F, trip limit changes for LE
and OA lingcod north of 42° N lat. for
period 6 (November–December) as
shown above in Table 5. These changes
VerDate Sep<11>2014
16:36 Sep 29, 2023
Jkt 262001
will be implemented through the end of
2023.
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 the 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. Changes
of this nature were anticipated in the
final rule for the 2023–24 harvest
PO 00000
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160.8
166.0
specifications and management
measures which published on December
16, 2022 (87 FR 76007). The majority of
the adjustments to management
measures in this action address a
conservation concern for quillback
rockfish off of California as new
information demonstrates the current
management measures are not sufficient
to control mortality as is needed.
Therefore, providing a comment period
for this action could hamper the
adherence to scientifically informed
reference points, created to ensure
sustainability of the affected fisheries,
and would delay measures intended to
address localized depletion of quillback
rockfish. In addition, trip limit increases
for sablefish and lingcod are expected to
potentially increase economic value of
the fisheries by increasing harvest
opportunity and reducing regulatory
discards. 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 the new regulations could not
be implemented in time to realize the
projected benefits to fishing
E:\FR\FM\02OCR1.SGM
02OCR1
Federal Register / Vol. 88, No. 189 / Monday, October 2, 2023 / Rules and Regulations
communities. For these same reasons,
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.
List of Subjects in 50 CFR Part 660
Dated: September 27, 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:
Fisheries, Fishing, and Indian
Fisheries.
67661
PART 660—FISHERIES OFF WEST
COAST STATES
1. The authority citation for part 660
continues to read as follows:
■
Authority: 16 U.S.C. 1801 et seq., 16 U.S.C.
773 et seq., and 16 U.S.C. 7001 et seq.
2. Revise Table 2 (North) to part 660,
subpart E, to read as follows:
■
BILLING CODE 3510–22–P
Table 2 (North) to Part 660, Subpart E-- Non-Trawl Rockfish Conservation Areas and Trip Lirrits for Lirrited Entry Fixed Gear North of 40°10' N lat.
Other limits and requirements apply -- Read §§660 10 through 660 399 before using this table
JAN-FEB
I MAR-APR I MAY-JUN I JUL-AUG
Rockfish Conservation Area (RCA)":
1 North of 46°16' N lat.
shoreline - 100 fm line 11
2 46°16' N lat. - 40°1 0' N lat.
30 fm line 11 - 100 fm line 11
I
SEP-OCT
I
9/26/2023
NOV-DEC
See §§660.60 and 660.230 for additional gear, trip lirrit and conservation area requirements and restrictions. See §§660.70-660.74 and §§660.76-660.79 for
conservation area descriptions and coordinates (including RCAs, YRCAs, CCAs, Farallon Islands, Cordell Bank, and EFHCAs).
State trio limits and seasons mav be more restrictive than Federal trio limits or seasons, oarticularlv in waters off Oreqon and California.
Minor Slope Rockfish~ & Darkblotched
8,000 lb/ 2 months
rockfish
4 Pacific ocean perch
3,600 lb/ 2 months
3
9,000 lb/ week,
5 Sablefish
not to exceed
4,500 lb/ »eek, not to exceed 9,000 lb /2 months
I
6 Longspine thornyhead
7 Shortspine thornvhead
10,000 lb/ 2 months
I
2,000 lb/ 2 months
18,000 lb/2
months
2,500 lb/ 2 months
Dover sole, arrowtooth flounder, petrale sole,
8 English sole, starry flounder, Other Flatfish 31
10,000 lb/month
71
9 Whiting
-I
10,000 lb/ trip
)>
10 Minor Shelf Rockfish 21
11
12
13
14
15
16
17
18
19
20
21
22
23
24
INorth of 42°00' N lat.
800 lb/ month
800 lb/ month
142°00' N lat. -40°10' N lat.
I
0 lb/month
Widow rockfish
INorth of 42°00' N lat.
4,000 lb/ 2 months
4,000 lb/ 2 months
142°00' N lat. -40°10' N lat.
I 0 lb/ 2 months
Yellowtail rockfish
I North of 42°00' N lat.
3,000 lb/ month
142°00' N lat. -40°10' N lat.
3,000 lb/ month
I 0 lb/ 2 months
Canary rockfish
I North of 42°00' N lat.
4,000 lb/ 2 months
142°00' N lat. -40°10' N lat.
4,000 lb/ 2 months
I 0 lb/ 2 months
Yelloweye rockfish
CLOSED
Quillback rockfish
0 lb/ 2 months
142°00' N lat. -40°10' N lat.
25 Minor Nearshore Rockfish Oreaon black/blue/deacon rockfish & black rockfish 41
5,000 lb/ 2 months, no more than 1,200 lb of which may be species other than black rockfish or blue/deacon
26
North of 42°00' N lat.
rockfish31
27
42°00' N lat. - 40°1 0' N lat. 2,000 lb/ 2 months, of which no more than 75 lb may be Quillback rockfish, and of which no more
Minor Nearshore Rockfish
than 75 lb may be copper rockfish
28
42°00' N lat. - 40°1 0' N lat.
Black Rockfish
I
m
r
m
N
-z
..
0
-,
:::r
0 lb/ 2 months
7,000 lb/ 2 months
29 Linacod51
30
31
32 Pacific cod
North of 42°00' N lat.
7,000 lb/ 2 months
I
42°00' N lat. - 40°1 0' N lat.
2. 000 lb/ 2 months
I
33 Spiny dogfish
200,000 lb/ 2 months
34 Longnose skate
35 Other Fishw
I
36 Cabezon in California
1,000 lb/ 2 months
150,000 lb/ 2
months
Unlimited
Unlimited
I
100,000 lb/ 2 months
Unlimited
37 Oregon Cabezon/Kelp Greenling
9,000 lb/ 2
months
0 lb/ 2 months
I
0 lb/ 2 months
Unlimited
Unlimited
38 Bia skate
1/ The Rocldish Conservation Area Is an area closed to fisting by particular gear types, bourx:ted by Imes specifically defined by latitude
arx:t longitl.Kte coordinates set out at§§ 660.71-660.74. This RCA is not defined by depth contours (with the exception of the 20-fm
depth contour bourx:tary south of 42° N lat.), and the boundary lines that define the RCA may close areas that are deeper or shallower
than the depth contour. Vessels that are subject to RCA restrictions may not fish in the RCA, or operate in the RCA for any purpose
other than transiting.
3/ "Other flatfish" are defined at§ 660.11 and incll.Kte butter sole, curlfin sole, flathead sole, Pacific sarx:tdab, rex sole, rock sole, and sand sole.
4/ For black rocl<fish north of Cape Aiava (48°09.50' N lat.), and between Destruction Is. (47°40' N lat.) and Leadbetter Pnt. (46°38.17' N lat.), there is an additional lirrit
of 100 lb or 30 percent by weight of all fish on board, whichever is greater, per vessel, per fishing trip.
5/ The rrinimum size lirrit for lingcod is 22 inches (56 cm) total length f'.brth of 42° N lat. and 22 inches (56 cm) total length South of 42° N lat.
6/ "Other Fish" are defined at§ 660.11 arx:t include kelp greenling off California and leopard shark.
7/ LEFG vessels may be allowed to fish inside groundfish conservation areas using hook and line only. See§ 660.230 (d) of the regulations for more information.
To convert pounds to kilograms, divide by 2.20462, the number of pounds in one kilogram.
VerDate Sep<11>2014
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lotter on DSK11XQN23PROD with RULES1
2/ Minor Shelf and Slope Rockfish complexes are defined at § 660.11 . Bocaccio, ctilipepper and cowcod are included in the trip limits for Minor Shelf Rocldish. Splitnose rocl<fish is included
in the trip limits for Minor Slope Rocldish.
67662
Federal Register / Vol. 88, No. 189 / Monday, October 2, 2023 / Rules and Regulations
3. Revise Table 2 (South) to part 660,
subpart E, to read as follows:
■
Table 2 (South) to Part 660, Subpart E -- Non-Trawl Rockfish Conservation Areas and Trip Limits for Limited Entry Fixed Gear South of 40°10' N lat.
Other limits and reauirements annh, -- Read &&660 10 throuah 660 399 before usina this table
9/26/2023
JAN-FEB
I
MAR-APR
I
MAY-JUN
I
JUL-AUG
I
SEP-OCT
I
NOV-DEC
Rockfish Conservation Area CRCAl 11 :
1 40°10' N lat. - 38°57.5' N lat.
40 fm line 11 - 125 fm line 11
2 38°57.5' N lat. -34°27' N lat.
3 ISouth of 34 °27' N lat.
50 fm line 11 - 125 fm line 11
100 fm line 11 -150 fm line 11 (also aoclies around islands)
See §§660.60 and 660.230 for additional gear, trip limit and conservation area requirements and restrictions. See §§660.70-660.74 and §§660.76-660.79 for
conservation area descriptions and coordinates (including RCAs, YRCAs, CCAs, Farallon Islands, Cordell Banks, and EFHCAs).
State trip limits and seasons may be more restrictive than Federal trip limits or seasons, particularly in waters off Oregon and California.
4 Minor Slope rockfish 21 & Darkblotched
40,000 lb/ 2 months, of which no more than 6,000 lb may be blackgill rockfish
rockfish
s Splitnose rockfish
40,000 lb/ 2 months
6 Sablefish
7
40°10' N lat. - 36°00' N lat.
8
South of 36°00' N lat.
9 Longspine thornyhead
10 Shortsoine thornvhead
11
40°10' N lat. - 34°27' N lat.
12
South of 34 °27' N lat.
Dover sole, arrowtooth flounder, petrale sole,
13 English sole, starry flounder, other
Flatfish3/8/
14 Whiting
15 Minor Shelf Rockfish 21
16
40°10' N lat. - 34°27' N lat.
I
17
South of 34 °27' N lat.
18 Widow
19
40°10' N lat. - 34°27' N lat.
I
20
South of 34 °27' N lat.
21 Chilipepper
22
I 40°10' N lat. - 34°27' N lat.
23
South of 34 °27' N lat.
24 Canary rockfish
25
40°10' N lat. - 34°27' N lat.
I
26
South of 34 °27' N lat.
27 Yelloweve rockfish
28 Quillback rockfish
29 Cowcod
30 Bronzespotted rockfish
31 Bocaccio
32
40°10' N lat. - 34°27' N lat.
I
33
South of 34 °27' N lat.
34 Minor Nearshore Rockfish
35 40°10• N lat. - 34 °27' N lat. Shallow nearshore41
36
South of 34°27' N lat. Shallownearshore41
37
40°10• N lat. - 34 °27' N lat. Deeper nearshore51
38
South of 34°27' N lat. Deeper nearshore51
9,000 lb/week,
not to exceed
18,000 lb/2
months
4,500 lb/ "'8ek, not to exceed 9,000 lb /2 months
2,500 lb/ week
10,000 lb/ 2 months
2,000 lb/ 2 months
I
3,000 lb/ 2 months
2,500 lb/ 2 months
10,000 lb/ month
-I
10,000 lb/ trip
)>
8,000 lb/ 2 months, of which no more than 500 lb may be vermilion
5,000 lb/ 2 months, of which no more than 3,000 lb mav be vermilion
10,000 lb/ 2 months
8,000 lb/ 2 months
I
0 lb/ 2 months
CD
rI
0 lb/ 2 months
m
N
0 lb/ 2 months
10,000 lb./ 2 months
8,000 lb./ 2 months
4,000 lb/ 2 months
4,000 lb/ 2 months
CLOSED
0 lb/ 2 months
CLOSED
CLOSED
I
8,000 lb/ 2 months
8,000 lb/ 2 months
I
en
-C:
:::r
O lb/ 2 months
O lb/ 2 months
2,000 lb/ 2 months
2,000 lb/ 2 months, of which no more than 75 lb may be quillback rockfish, of which no more
than 75 lb mav be coooer rockfish
0 lb/ 2 months
2,000 lb/ 2
months, of which
no more than 75
lb may be copper
rockfish
2,000 lb/ 2 months, of which no more than 75 lb may be quillback rockfish, and of which no
more than 75 lb may be copper rockfish
44 Spiny dogfish
0
2,000 lb/ 2 months
39 California Scorpionfish
40 Linacod 61
41
40°10' N lat. - 34°27' N lat.
I
42
South of 34 °27' N lat.
43 Pacific cod
0 lb/ 2 months
3,500 lb/ 2 months
200,000 lb/ 2 months
45 Longnose skate
48 Other Fish 71
47 Cabezon in California
48
I
40°10' N lat. - 34°27' N lat.
49
South of 34 °27' N lat.
50 Big Skate
1,600 lb/ 2 months
1,600 lb / 2 months
1,000 lb/ 2 months
150,000 lb/ 2
months
Unlimited
Unlimited
I
I
I
I
0 lb/ 2 months
100,000 lb/ 2 months
Unlimited
I
0 lb/ 2 months
Unlimited
Unlimited
1/ The Rockfish Conservation Area Is an area closed to fishing by particular gear types, bounded by lines specifically defined by latitude
and longitude coordinates set out at§§ 660.71-660.74. This RCA is not defined by depth contours (with the exception of the 20-fm
depth contour bollldary south of 42° N lat.), and the boundary lines that define the RCA may close areas that are deeper or shallower
other than transiting.
'2/ Minor Shelf and Slope Rockfish complexes are defined at§ 660.11. Pacific ocean perch is included in the trip lirrits for Minor Slope Rockfish. Blackgill rockfish have a
species specific trip sub-linit within the Minor Slope Rockfish cum.dative limit. Yellowtail rocldish are included in the trip limits for Minor Shelf Rockfish. Bronzespotted
rockfish have a species specific trip limit.
3/ "other Flatfish" are defined at§ 660.11 and include butter sole, cll'lfin sole, flathead sole, Pacific sanddab, rex sole, rock sole, and sand sole.
4/ "Shallow Nearshore" are defined at§ 660.11 under "Groundfish" (7)(i)(B)(1).
5/ "Deeper Nearshore" are defined at§ 660.11 under "Groundfish" (7)(i)(B)(2).
6/ The commercial mimimum size limit for lingcod is 22 inches (56 cm) total length South of 42° N lat.
7/ "other Fish" are defined at§ 660.11 and include kelp greenling off California and leopard shark.
8/ LEFG vessels may be allowed to fish inside groundfish conservation areas using hook and line only. See§ 660.230 (d) of the regulations for more information.
To convert pounds to kilograms, divide by 2.20462, the number of pounds in one kilogram.
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16:36 Sep 29, 2023
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lotter on DSK11XQN23PROD with RULES1
than the depth contour. Vessels that are subject to RCA restrictions may not fish in the RCA, or operate in the RCA for any purpose
Federal Register / Vol. 88, No. 189 / Monday, October 2, 2023 / Rules and Regulations
67663
4. Revise Table 3 (North) to part 660,
subpart F, to read as follows:
■
Table 3 (North) to Part 660, Subpart F -- Non-Trawl Rockfish Conservation Areas and Trip Units for Open Access Gears North of40°10' N lat.
Other limi1s and requirements apply-- Read§§660.10 through 660.399 before using this table
Rockfish Conservation Area (RCA) 11:
1 North of 46°16' N lat.
2 46°16' N lat. - 40°1 0' N lat
I
9/2612023
JAN-FEB
I
MAR-APR
I
I
I
I
I
MAY-JUN
I
JUL-AUG
I
SEP-OCT
NOV-DEC
I
I
I
I
I
I
shoreline-100fmline 11
30fmline 11 -100fmline 11
See §§660.60, 660.330 and 660.333 for additional gear, trip limit and conservation area requirements and restrictions. See §§660.70-660.74 and §§660.76-660.79
for conservation area descriptions and coordinates (lncludlng RCAs, YRCAs, CCAs, Farallon Islands, Cordell Bank, and EFHCAs).
State 1ri limits and seasons mav be more res1rictive than Federal trin linits or seasons narticularlv in waters off Drenon and California.
3 Minor Slope Rockfish 21 & Darkblotched
rockftsh
2,000 lb/month
4 Pacific ocean perch
100Ib/month
5 Sableftsh
4,000 lb/week, not
toexceedB,000lb/
2months
3,000 lb/week, not to exceed 6,000 lb/2 months
6 Short ine thomvheads
7 Lonas lne thornVheads
SO lb/month
SO lb/month
8 Dover sole, arrowtooth flounder, petrale sole,
5,000lb/month
Engllsh sole, starry flounder, Other Flatnsh 3171
9 Whiting
10 Minor ShelfRockfish2/
300Ib/month
800 lb/month
North of 42°00' N lat.
12
42°00' N lat - 40°1 0' N lat.
13 Widow rockflsh
14 Yellowta.11 rockflsh
800Ib/month
400 lb/month; only
legal non-bottom
contacthook-andline gear(as
defined at§
660.330(b)(3))
maybe used
2,000 lb/2 months
2,000 lb/ 2 months;
between 42°00' N
lat.-40°10' N lat.,
onlylegalnonbottomcontaci
hook-and-line gear
(as defined at§
660.330(b)(3))
maybe used
1,500Ib/month
1,500Ib/month;
between 42°00' N
-I
la~~::~~, n~~~t.,
)>
bottomcontaci
hook-and-ine gear
::o~:~~~b~(~)J
may be used
m
rm
2,000 lb/2 months; W
between 42°00' N
lat.-40°10'Nlat, f-,.
only legal nonbottomcontaci 0
z
15 Canaryrockfish
2,000 lb/ 2 months
h~::-~::nl~ndea~~ar -.
660.330(b)(3))
maybe used
16 Yelloweye rockftsh
17
:::T
CLOSED
Qulllback rockflsh
18
42°00' N lat.- 40°10' N lat.
19 Minor Nearshore Rockflsh Oreaon black/blue/deacon rockftsh
20
North of 42°00' N lat.
0 lb/2 months
& black rockflsh
5,000 lb/ 2 months, no more than 1,200 b of which may be species other than black rockfish or blue/deacon rockfish 41
21
42°00' N lat - 40°1 0' N lat. 2,000 lb/ 2 months, of which no more than 75 lb may be quillback rockfish, and of which no more than
Minor Nearshore Rockfish
75 lb may be copper rockfish
0lb/2 months
22
42°00' N lat - 40°1 0' N lat.
Blackrockfish
7,000lb/2 months
0lb/2 months
3,500 lb/ month
4,500 lb/month
1 000lb/month
0lb/month
23 Llnacoda1
24
North of 42°00' N lat.
42°00' N lat.- 40°10' N lat.
25
26 Pacific cod
27 Spinydogfish
200,000 lb/ 2 months
100,000 lb/2 months
28 Lonanose skate
Unlimited
Unlimited
Unlimited
29 Bi skate
30 Other Flsh 61
31 Cabezon in California
Unlinited
0lb/2 months
32 Oreaon Cabezon/Kel
Greenllna
Unlimited
33 SALMON TROLL (subject to RCAs when retaining all species ofgroundfish, except for yellowtail rock.fish and lingcod, as described below)
Salmon trollers may retain and land up to 500 lb ofyellowtail rockfish per month as long as salmon is on board, both
within and outside of the RCA Salmon trollers may retain and land up to 1 lingcod per 2 Chinook per trip, plus 1
lingcod per trip, up to a trip limit of 10 lingcod, on a trip where any fishing occurs within the RCA The lingcod limit
34 North
only applies during times when lingcod retention is allowed, and is not "CLOSED," Theses limits are within the per
month limits described in the table above, and not in addition to those limits. All groundfish species are subject to the
open access limits, seasons, size limits and RCA restrictions listed in the table above, unless otherwise stated here,
35 PINK SHRIMP NON-GROUND FISH TRAWL (not subject to RCAs)
lotter on DSK11XQN23PROD with RULES1
36 North
1/ The Rockfish Conservation Area Is an area closed to fishing by particLJar gear types, bounded by llres specifically defined by lalltu:le
and longitude coordinates set olt at §§ 660. 71-660.74. This RCA is rot defined by depth contours (with the exception of the 20-frn
depth cortour boundary sol.th of 42° N lat.), and the boll"ldary lines that define the RCA may close areas that are deeper or shallower
than the depth contour. Vessels that are slbject to RCA restrictions may rot fish in the RCA, or operate in the RCA for any pLrpose
other than transiting.
2/ Miror Shelfan:I Slope Rockfishcomplexes are defined at§ 660.11. Bocaccio, ctilipepperan:I cowcod rockfishes are inc:luded in the trip limlts for Miror Shelf Rockfish. Splitrose
rockfishisin:::lu:ledinthetriplimitsforMinorSlopeRockfish.
'3/"otherflatflsh''aredefined at §660.11 an:I inc:lu:le bu:tersole, CU"lfinsole, flathead sole, Pacific san:ldab, rexsole, rock sole, an:I san:I sole.
4/ For black rockfish north of Cape Aiava (48°09.50' N lat.), and between Destruction Is. (47°40' N lat.) and Leadbetter Prt. (46°38.17' N lat.),
there is an addtional limit of 100 lbs or 30 percert by weiglt of all fish on board, whichever is greater, per vessel, per fishing trip.
5' The mirim..rn size limit for lingcod is 22 inches (56 cm) total length l'-brth of 42° N lat. and 22 inc:hes (56 cm) Sol.th of 42° N lat.
6/ "other fish'' are defined at § 660.11 an:I inc:lu:le kelp greeriing off California an:I leopard shark
7/ Open access vessels may be allowed to fish inside groundfish conservation areas using h:lokand line oriy. See§ 660.330 (d) of the regulations for more information
To convert pounds to kilograms, divide by 2.20462, the number of pounds in one kilogram.
VerDate Sep<11>2014
16:36 Sep 29, 2023
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Effective April 1 - October 31: Groundfish: 500 lb/day, rrutliplied by the nuniler of days of the trip, not to exceed 1,500
lb/trip. The following sublimits also apply and are counted toward the overall 500 lb/day and 1,500 lb/trip groundfish limits:
ingcod 300 lb/month (ninirrum 24 inch size limit); sablefish 2,000 lb/month; canary, thornyheads and yelloweye rocl<fish
are PROHIBITED. All other groundfish species taken are managed under the overall 500 lb/day and 1,500 lb/trip
groundfish limits. Landings of these species count toward the per day and per 1rip groundfish lirri1s and do not have
species-specific limits. The amount of groundfish landed may not exceed the amount of pink shrimp landed.
67664
Federal Register / Vol. 88, No. 189 / Monday, October 2, 2023 / Rules and Regulations
5. Revise Table 3 (South) to part 660,
subpart F, to read as follows:
■
Table 3 (South) to Part 660, Subpart F - Non-Trawl Rockfish Conservation Areas and Trip Limits for Open Access Gears South of 40°10' N lat.
Other limits and reauirements aoolv -- Read SS660 10 throuah 660 399 before usina this table
I
JAN-FEB
I
MAR-APR
I
MAY-JUN
JUL-AUG
I
SEP-OCT
9/26/2023
NOV-DEC
Rockfish Conservation Area lRCAl 11:
I
I
I
I
I
I
I
I
I
I
1 40°10' N lat.- 38°57.5' N lat.
40 fm line 11 - 125 fm line11
2 38°57.5' N lat.-34°27' N lat.
50 fmline 1' - 125 fm line11
3 South of 34 °27' N lat.
100 frn line 11 - 150 fm line 11 (also anr lies around islands)
See §§660.60 and 660.230 for additional gear, trip limit and conservation area requirements and restrictions. See §§660.70-660.74 and §§660.76-660.79 for
conservation area descriptions and coordinates (including RCAs, YRCAs, CCAs, Farallon Islands, Cordell Banks, and EFHCAs).
State trio limits and seasons mav be more restrictive than Federal trio limits or seasons, oarticularlv in waters off Oreaon and California.
Minor Slope Rockfish 21 & Darkblotched
10,000 lb/ 2 months, of which no more than 2,500 lb may be blackgill rockfish
rockfish
s Splitnose rockfish
200 lb/month
6 Sablefish
4
7
40'10· N lat. - 36°00· N lat.
8
Southof36°00"Nlat.
4,000 b/week, not
to exceed 8,000 lb/
2 months
3,000 lb/ week, not to exceed 6,000 lb/2 months
2,000 lb/week. not to exceed 6 000 lb/ 2 months
9 Shortpine thomyheads
10
40°1 0' N lat. - 34 °27' N lat.
11 Longspine thornyheads
50 lb/month
12
50 lb/month
40°1 0' N lat. - 34 °27' N lat.
13 Shortpine thomyheads and longspine
thomvheads
14
South of 34°27' N lat.
*
100 lb/ day, no more than 1 ,000 lb/ 2 months
Dover sole, arrowtooth flounder, petrale sole,
~ English sole, starry flounder, Other Flatfishw
5,000 lb/month
18 Whitina
300 lb/ month
19 Minor Shelf Rockfish 21
20
2,000 lb/ 2 months,
of which no more
than 200 b may be
vermilon; only legal
non-bottom contact
hook-and-line gear
(as defined at §
660.330(0)(3))
mav be used
40°10' N lat. - 34°27' N lat.
21
22 Widow rockfish
South of 34°27' N lat.
23
4 000 lb/ 2 months of which no more than 400 lb mav be vemilion
3,000 lb/2 months, of which no more than 1,200 lb maybe vermilion
6,000 lb/ 2 months;
only legal nonbottom contact
hook-and-line gear
(as defined at §
660.330(0)(3))
may be used
40°10' N lat. - 34°27' N lat.
24
25 Chilipepper
6,000 lb/ 2 months
4,000 bl 2 months
South of 34°27' N lat.
-I
)>
OJ
r
m
6,000 lb/ 2 months;
only legal nonbottom contact
hook-and-line gear
(as defined at § I 660.330(0)(3))
may be used
0
w
2fi
40°1 0' N lat. - 34 °27' N lat.
6,000 lb/ 2 months
en
South of 34 °27' N lat.
27
C
4,000 lb/ 2 months
28 Canary rockfish
29
30
31
32
33
34
35
2,000 lb/ 2 months; :::T
only legal non- i-bottom contact
hook-and-line gear
(as defined at §
660.330(0)(3))
may be used
40°10' N lat. - 34°27' N lat.
2,000 lb/ 2 months
2,000 lb/ 2 months
CLOSED
CLOSED
CLOSED
0 lb/2 months
South of 34 °27' N lat.
Yelloweye rockfish
Cowcod
Bronzespotted rockfish
Quillback rockfish
Bocaccio
36
6,000 lb/ 2 months
40°10' N lat. - 34°27' N lat.
South of 34 °27' N lat.
37
6,000 lb/ 2 months;
only legal nonbottom contact
hook-and-line gear
(as defined at §
660.330(0)(3))
may be used
6,000 lb/ 2 months
38 Minor Nearshore Rockfish
39
40°10' N lat. - 34°27' N lat. Shallownearshore 41
2,000 lb/ 2 months
0 lb/2 months
40
40°10' N lat. - 34°27' N lat. Deeper nearshore51
2,000 bl 2 months, of 'Mlich no more than 75 lb may be quilback rockfish, and of which no more
than 75 lb may be copper rockfish
0 lb/2 months
41
South of34°27' N lat. Shallow nearshore 41
42
South of34°27' N lat. Deeper nearshore51
2,000 bl 2 months
",uuu
2,000 bl 2 months, of which no more than 75 lb may be quilback rockfish, and of which no more
than 75 lb may be copper rockfish
43 California Scorpionfish
3,500 lb/ 2 months
40°10' N lat. - 34°27' N lat.
South of 34°27' N lat.
46
47 Pacific cod
48 Spiny dogfish
200,000 lb/ 2 months
49 Longnose skate
50 Big skate
51 Other Fish 71
I
700 lb/ month
700 l:l/ month
1,000 lb/ 2 months
150,000 lb/2
months
Unlimited
Unlimited
Unlimited
I
Ob/month
100,000 lb/ 2 months
52 Cabezon in California
53
54
VerDate Sep<11>2014
16:36 Sep 29, 2023
40°1 0' N lat. - 34 °27' N lat.
South of 34 °27' N lat.
Jkt 262001
PO 00000
Unlimited
Ob/month
Unlimited
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ER02OC23.008</GPH>
lotter on DSK11XQN23PROD with RULES1
44 Lingcod"
45
HJ/"
months, of which
no more than 75 lb
may be copper
Federal Register / Vol. 88, No. 189 / Monday, October 2, 2023 / Rules and Regulations
67665
Table 3 (South) Continued
Other limits and reauirements aoolv -- Read &&660 10 throuah 660 399 before usina this table
JAN-FEB
MAR-APR
I
I
Rockfish Conservation Area (RCA) 11:
56140°10' N lat.- 38°57.5' N lat.
57138°57.5' N lat. -34°27' N lat.
sa lSouth of34°27' N lat.
MAY-JUN
I
JUL-AUG
I
SEP-OCT
I
9/26/2023
NOV-DEC
40 fm line 11 - 125 fm line 11
50 fm line 11 - 125 fm line 11
100 fm line 11 - 150 fm line 11 (also applies around islands)
See §§660.60 and 660.230 for additional gear, trip limit and conservation area requirements and restrictions. See §§660.70-660.74 and §§660.76-660.79 for
conservation area descriptions and coordinates (including RCAs, YRCAs, CCAs, Farallon Islands, Cordell Banks, and EFHCAs).
59 SALMON TROLL (subject to RCAs when retainin all species of groundfish, except tor yellowfail rockfish, as described below)
-I
)>
Salmon trollers may retain and land up to 1 lb of yellowtail rockfish for every 2 lb of Chinook salmon landed, with a
cumulative limit of 200 lb/month, both within and outside of the RCA This limit is within the 4,000 lb per 2 month limit for
South of 40°1 O' N lat. minor shelf rockfish between 40°1 O' and 34°27' N lat., and not in addition to that limit. All groundfish species are subject
to the open access limits, seasons, size limits and RCA restrictions listed in the table above, unless otherwise stated
here.
6{)
m
r
m
w
61 RIDGEBACK PRAWN AND, SOUTH OF 38°57.50' N lat., CA HALIBUT AND SEA CUCUMBER NON-GROUNDFISH TRAWL
62 NON-GROUNDFISH TRAWL Rockfish Conservation Area (RCA) for CA Halibut, Sea Cucumber & Ridgeback Prawn:
63
40°10' N lat. - 38°00' N lat.
64
38°00' N lat. - 34°27' N lat.
South of 34°27' N lat.
65
100 fm line 11 200 fm line 11
I
100 fm line 11 - 150 rm line
11
100 fm line
150 rm line
100 fm line 11 - 150 rm line
11
11 -
I
100 fm line 11 200fm line 11
~
en
0
-
11
C
Groundfish: 300 lb/trip. Species-specific limits described in the table above also apply and are counted toward the 300 lb
groundfish per trip limit. The amount of groundfish landed may not exceed the amount of the target species landed,
Iexcept that the amount of spiny dogfish landed may exceed the amount of target species landed. Spiny dogfish are
limited by the 300 lb/trip overall groundfish limit. The daily trip limits for sablefish coastwide and thornyheads south of Pt.
0
Conception and the overall groundfish "per trip" limit may not be multiplied by the number of days of the trip. Vessels
0
participating in the California halibut fishery south of 38°57.50' N lat. are allowed to (1) land up to 100 lb/day of
:::s
groundfish without the ratio requirement, provided that at least one California halibut is landed and (2) land up to 3,000
lb/month of flatfish, no more than 300 lb of which may be species other than Pacific sanddabs, sand sole, starry flounder,
rock sole, curtfin sole, or California scorpionfish (California scorpionfish is also subject to the trip limits and closures in
:::s
line 29).
:::r
66
C
CD
67 PINK SHRIMP NON-GROUNDFISH TRAWL GEAR (not subject to RCAs)
Effective April 1 - October 31: Groundfish: 500 lb/day, multiplied by the number of days of the trip, not to exceed 1,500
lb/trip. The following sublimits also apply and are counted toward the overall 500 lb/ day and 1,500 lb/ trip groundfish
limits: lingcod 300 lb/ month (minimum 24 inch size limit); sablefish 2,000 lb/ month; canary rockfish, thornyheads and
yelloweye rockfish are PROHIBITED. All other groundfish species taken are managed under the overall 500 lb/day and
1,500 lb/ trip groundfish limits. Landings of all groundfish species count toward the per day, per trip or other speciesspecific sublimits described here and the species-specific limits described in the table above do not apply. The amount
of groundfish landed may not exceed the amount of pink shrimp landed.
South
69
a.
1/ The Rockf1sh Conservation Area Is an area closed to fisllng by particular gear types, bounded by Imes specifically defined by latitude
and lorgitude coordinates set out at§§ 660.71-660.74. Tns RCA is not defined by depth contours (with the exception of the 20-fm
depth contour boundary south of 42° N lat.), and the boundary lines that define the RCA may close areas that are deeper or shallower
than the depth contour. Vessels that are subject to RCA restrictions may not fish in the RCA, or operate in the RCA for any purpose
other than transiting.
2/ Minor Shelf and Slope Rocl<fish complexes are defined at§ 660.11. Pacific ocean perch is induded in the trip limits for minor slope rockfish. Blackgill rockfish have
a species specific trip sub-limit within the minor slope rockfish cumlJative limits. Yellowtail rockfish is included in the trip limits for minor shelf rockfish. Bronzespotted rockfish
have a species specific trip limit.
3/ "Other flatfish'' are defined at§ 660.11 and indude butter sole, curlfin sole, flathead sole, Pacific sanddab, rex sole, rock sole, and sand sole.
4/ "Shallow Nearshore" are defined at§ 660.11 under "Groundfish'' (7)(i)(B)(1 ).
5/ "Deeper Nearshore" are defined at§ 660.11 under "Groundfish" (7)(i)(B)(2).
6/ The commercial mimimum size limit for lingcod is 22 inches (56 cm) South of 42° N lat.
7/ "other fish'' are defined at§ 660.11 and includes kelp greenlirg off Galifornia and leopard shark.
8/ Open access vessels may be allowed to fish inside groundfish conservation areas using hook and line only. See § 660.330 ( d) of the regulations for more information.
BILLING CODE 3510–22–C
6. In 660.360, revise paragraph (c)(3)
introductory text, and paragraphs
(c)(3)(i)(A)(1) through (5) to read as
follows:
■
§ 660.360 Recreational fishery—
management measures.
lotter on DSK11XQN23PROD with RULES1
*
*
*
*
*
(c) * * *
(3) California. Seaward of California,
for groundfish species not specifically
mentioned in this paragraph, fishers are
subject to the overall 20-fish bag limit
for all species of finfish, of which no
more than 10 fish of any one species
may be taken or possessed by any one
person. Petrale sole, Pacific sanddab,
and starry flounder are not subject to a
bag limit. Recreational spearfishing for
all federally-managed groundfish, is
exempt from closed areas and seasons,
consistent with Title 14 of the California
Code of Regulations. This exemption
applies only to recreational vessels and
divers provided no other fishing gear,
except spearfishing gear, is on board the
vessel. California state law may provide
regulations similar to Federal
VerDate Sep<11>2014
16:36 Sep 29, 2023
Jkt 262001
regulations for kelp greenlings.
Retention of cowcod, yelloweye
rockfish, quillback rockfish, and
bronzespotted rockfish, is prohibited in
the recreational fishery seaward of
California all year in all areas. Retention
of species or species groups for which
the season is closed is prohibited in the
recreational fishery seaward of
California all year in all areas, unless
otherwise authorized in this section. For
each person engaged in recreational
fishing in the EEZ seaward of California,
the following closed areas, seasons, bag
limits, and size limits apply:
(i) * * *
(A) * * *
(1) Between 42° N lat. (California/
Oregon border) and 40°10′ N lat.
(Northern Management Area),
recreational fishing for the RCG
Complex and lingcod is closed from
January 1 through May 14, is open at all
depths from May 15 through October
October 2, 2023, is prohibited in the
EEZ shoreward of the boundary line
approximating the 50 fm (91 m) depth
contour along the mainland coast and
PO 00000
Frm 00045
Fmt 4700
Sfmt 4700
along islands and offshore seamounts
October 2, 2023 through December 31.
(2) Between 40°10′ N lat. and
38°57.50′ N lat. (Mendocino
Management Area), recreational fishing
for the RCG Complex and lingcod is
closed from January 1 through May 14;
prohibited in the EEZ shoreward of the
boundary line approximating the 50 fm
(91 m) depth contour along the
mainland coast and along islands and
offshore seamounts from May 15
through July 15 (seaward of 50 fm (91
m) is open), is open at all depths from
July 16 through October 2, 2023, and is
prohibited in the EEZ shoreward of the
boundary line approximating the 50 fm
(91 m) depth contour along the
mainland coast and along islands and
offshore seamounts from October 3,
2023 through December 31.
(3) Between 38°57.50′ N lat. and
37°11′ N lat. (San Francisco
Management Area), recreational fishing
for the RCG Complex and lingcod is
closed from January 1 through May 14;
is prohibited in the EEZ shoreward of
the boundary line approximating the 50
E:\FR\FM\02OCR1.SGM
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ER02OC23.009</GPH>
To convert pounds to kilograms, divide by 2.20462, the number of pounds in one kilogram.
67666
Federal Register / Vol. 88, No. 189 / Monday, October 2, 2023 / Rules and Regulations
fm (91 m) depth contour along the
mainland coast and along islands and
offshore seamounts from May 15
through July 15 (seaward of 50 fm (91
m) is open), is open at all depths from
July 16 through October 2, 2023, and is
prohibited in the EEZ shoreward of the
boundary line approximating the 50 fm
(91 m) depth contour along the
mainland coast and along islands and
offshore seamounts from October
October 3, 2023 through December 31.
Closures around Cordell Bank (see
paragraph (c)(3)(i)(C) of this section)
also apply in this area.
(4) Between 37°11′ N lat. and 34°27′
N lat. (Central Management Area),
recreational fishing for the RCG
Complex and lingcod is closed from
January 1 through April 30, is open at
all depths from May 1 through
September 30; and is prohibited in the
EEZ shoreward of a boundary line
approximating the 50 fm (91 m) depth
contour along the mainland coast and
along islands and offshore seamounts
from October 1 through December 31
(seaward of 50 fm (91 m) is open).
(5) South of 34°27′ N lat. (Southern
Management Area), recreational fishing
for the RCG Complex and lingcod is
closed from January 1 through March
31, open at all depths from April 1
through September 15; and is prohibited
in the EEZ shoreward of a boundary line
approximating the 50 fm (91 m) depth
contour from September 16 through
December 31 along the mainland coast
and along islands and offshore
seamounts (seaward of 50 fm (91 m) is
open), except in the CCAs where fishing
is prohibited seaward of the 40 fm (73
m) depth contour when the fishing
season is open (see paragraph (c)(3)(i)(B)
of this section).
*
*
*
*
*
[FR Doc. 2023–21710 Filed 9–29–23; 8:45 am]
BILLING CODE 3510–22–C
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 679
lotter on DSK11XQN23PROD with RULES1
[Docket No. 230306–0065; RTID 0648–
XD425]
Fisheries of the Exclusive Economic
Zone Off Alaska; Reallocation of
Pacific Cod in the Bering Sea and
Aleutian Islands Management Area
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
AGENCY:
VerDate Sep<11>2014
16:36 Sep 29, 2023
Jkt 262001
ACTION:
Temporary rule; reallocation.
NMFS is reallocating the
projected unused amount of Pacific cod
from trawl catcher vessels to catcher
vessels less than 60 feet (18.3 m) length
overall (LOA) using hook-and-line or
pot gear and to Amendment 80 trawl
catcher/processors in the Bering Sea and
Aleutian Islands management area
(BSAI). This action is necessary to allow
the 2023 total allowable catch (TAC) of
Pacific cod to be harvested.
DATES: Effective September 26, 2023,
through 2400 hours, Alaska local time
(A.l.t.), December 31, 2023.
FOR FURTHER INFORMATION CONTACT:
Krista Milani, 907–581–2062.
SUPPLEMENTARY INFORMATION: NMFS
manages the groundfish fishery in the
BSAI according to the Fishery
Management Plan for Groundfish of the
Bering Sea and Aleutian Islands
Management Area (FMP) prepared by
the North Pacific Fishery Management
Council under authority of the
Magnuson-Stevens Fishery
Conservation and Management Act
(Magnuson-Stevens 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 specified
for trawl catcher vessels in the BSAI is
26,307 mt as established by the final
2023 and 2024 harvest specifications for
groundfish in the BSAI (88 FR 14926,
March 10, 2023), correction (88 FR
18258, March 28, 2023) and reallocation
(88 FR 56778, August 21, 2023).
The 2023 Pacific cod TAC allocated to
catcher vessels less than 60 feet (18.3 m)
LOA using hook-and-line or pot gear in
the BSAI is 4,740 mt as established by
the final 2023 and 2024 harvest
specifications for groundfish in the
BSAI (88 FR 14926, March 10, 2023),
correction (88 FR 18258, March 28,
2023), and reallocations (88 FR 18443,
March 29, 2023; 88 FR 56778, August
21, 2023).
The 2023 Pacific cod TAC allocated to
Amendment 80 trawl catcher/processors
in the BSAI is 16,254 mt as established
by the final 2023 and 2024 harvest
specifications for groundfish in the
BSAI (88 FR 14926, March 10, 2023),
and correction (88 FR 18258, March 28,
2023).
The Administrator, Alaska Region,
NMFS, (Regional Administrator) has
determined that trawl catcher vessels
will not be able to harvest 1,000 mt of
the 2023 Pacific cod TAC allocated to
those vessels under
§ 679.20(a)(7)(ii)(A)(9).
Therefore, in accordance with
§ 679.20(a)(7)(iii)(A), NMFS reallocates
SUMMARY:
PO 00000
Frm 00046
Fmt 4700
Sfmt 9990
300 mt from trawl catcher vessels to the
annual amount specified for catcher
vessels less than 60 feet (18.3 m) LOA
using hook-and-line or pot gear, and in
accordance with § 679.20(a)(7)(iii)(B),
NMFS reallocates 700 mt from trawl
catcher vessels to the annual amount
specified for Amendment 80 trawl
catcher/processors.
The harvest specifications for 2023
Pacific cod included in final 2023 and
2024 harvest specifications for
groundfish in the BSAI (88 FR 14926,
March 10, 2023), correction (88 FR
18258, March 28, 2023), and
reallocations (88 FR 18443, March 29,
2023; 88 FR 56778, August 21, 2023) is
revised as follows: 25,307 mt to trawl
catcher vessels, 5,040 mt to catcher
vessels less than 60 feet (18.3 m) LOA
using hook-and-line or pot gear, and
16,954 mt to Amendment 80 trawl
catcher/processors.
Classification
NMFS issues this action pursuant to
section 305(d) of the Magnuson-Stevens
Act. This action is required by 50 CFR
part 679, which was issued pursuant to
section 304(b), and is exempt from
review under Executive Order 12866.
Pursuant to 5 U.S.C. 553(b)(B), there
is good cause to waive prior notice and
an opportunity for public comment on
this action, as notice and comment
would be impracticable and contrary to
the public interest. This requirement is
impracticable and contrary to the public
interest as it would prevent NMFS from
responding to the most recent fisheries
data in a timely fashion and would
allow for harvests that exceed the
originally specified apportionment of
the Pacific cod TAC. NMFS was unable
to publish a notice providing time for
public comment because the most
recent, relevant data only became
available as of September 26, 2023.
The Assistant Administrator for
Fisheries, NOAA also finds good cause
to waive the 30-day delay in the
effective date of this action under 5
U.S.C. 553(d)(3). This finding is based
upon the reasons provided above for
waiver of prior notice and opportunity
for public comment.
Authority: 16 U.S.C. 1801 et seq.
Dated: September 26, 2023.
Jennifer M. Wallace,
Acting Director, Office of Sustainable
Fisheries, National Marine Fisheries Service.
[FR Doc. 2023–21556 Filed 9–26–23; 4:15 pm]
BILLING CODE 3510–22–P
E:\FR\FM\02OCR1.SGM
02OCR1
]]>Agencies
[Federal Register Volume 88, Number 189 (Monday, October 2, 2023)]
[Rules and Regulations]
[Pages 67656-67666]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-21710]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 660
[Docket No. 221206-0261]
RIN 0648-BM62
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 and recreational groundfish fisheries
for the remainder of the 2023 fishing year. This action is intended to
allow commercial and recreational fishing vessels to access more
abundant groundfish stocks while protecting overfished and depleted
stocks.
DATES: This final rule is effective October 2, 2023.
ADDRESSES: Electronic Access: This rule is accessible via the internet
at the Office of the Federal Register website at https://www.federalregister.gov. Background information and documents are
available at the Pacific Fishery Management Council's website at https://www.pcouncil.org/ including the 2021 stock assessment for quillback
rockfish (see Agenda Item E.2, Attachment 4, November 2021) and
supporting information for the Council's recommendations at the
September 2023 meeting.
FOR FURTHER INFORMATION CONTACT: Keeley Kent, phone: 206-247-8252 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 in the exclusive economic zone (EEZ) off
the coasts 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). In general, the
management measures set at the start of the biennial harvest
specifications cycle help the various sectors of the fishery attain,
but not exceed, the catch limits for each stock. The Council, in
coordination with Pacific Coast Treaty Indian Tribes and the States of
Washington, Oregon, and California, recommends adjustments to the
management measures during the fishing year to achieve this goal.
At its September 2023 meeting, in an effort to limit mortality of
quillback rockfish off California (as discussed below), the Council
recommended NMFS prohibit quillback rockfish retention in federal
waters off California in all recreational (i.e., bag limit of zero) and
commercial (i.e., zero retention under trip limit for minor nearshore
rockfish complex) groundfish fisheries; close the ``nearshore''
recreational groundfish fisheries for the remainder of 2023 in federal
waters for the Northern Groundfish Management Area (GMA), Mendocino
GMA, San Francisco GMA, and Central GMA; and prohibit recreational
vessels from fishing in federal waters shoreward of the 50 fathom
rockfish conservation area (RCA) boundary line. Shelf rockfish, slope
rockfish, and lingcod may be taken seaward of the 50-fathom boundary
line by recreational vessels, while it will be unlawful to take or
possess nearshore rockfish, cabezon or greenlings at any depth in
federal waters by recreational vessels. To further limit incidental
catch and discards of quillback rockfish, the Council also recommended
modifying fixed gear trip limits between 42[deg] North (N) latitude
(lat.) to 34[deg]27' N lat. for limited entry (LE) and open access (OA)
fisheries for the following co-occurring species: Minor Shelf Rockfish
complex, widow rockfish, yellowtail rockfish, canary rockfish, Minor
Nearshore Rockfish complex, lingcod, chilipepper rockfish, bocaccio
rockfish, and cabezon.
In addition to the quillback rockfish related management measure
adjustments, the Council recommended modifying fixed gear trip limits
for LE and OA fisheries for sablefish north of 36[deg] N lat. and
lingcod north of 42[deg] N lat. All of the inseason actions the Council
recommended were adjustments to be implemented for the remainder of the
2023 fishing year.
Pacific Coast groundfish fisheries are managed using harvest
specifications or
[[Page 67657]]
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., Annual Catch Targets (ACTs), trip limits,
area closures, and bag limits) that are meant to mitigate catch so as
not to exceed the harvest specifications. The harvest specifications
and mitigation measures developed for the 2023-2024 biennium used data
through the 2021 fishing year. Each of the adjustments to mitigation
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 mitigation measures are projected so as to help
harvesters achieve but not exceed the harvest limits.
Quillback Rockfish Off California
Under current management, quillback rockfish are a contributing
species within the Minor Nearshore Rockfish complex north and south of
40[deg]10' N lat. The harvest specifications for this species (ACL,
ABC, OFL) contribute to the harvest specifications of the complex.
Quillback rockfish was assessed in 2021 and that assessment was
determined to be the best scientific information available by the
Pacific Fishery Management Council's Science and Statistical Committee
as well as NMFS (see Addresses). Due to differences in data
availability and fishery exploitation, the quillback rockfish
assessment split the species into three separate assessment areas by
state boundary line. The individual assessment areas suggested
differences in abundance and potential localized depletion. The
assessment for the portion of quillback rockfish off California
indicated that population is depleted and limited mixing with other
populations of quillback rockfish off the West Coast is thought to
occur. Additionally, the assessment indicated the species has been
fished at levels too high to maintain good yields and a healthy
population since the 1990s.
In an analysis for the November 2021 Council meeting, a report by
the Groundfish Management Team (GMT) showed continued exceedances of
the OFL contribution of quillback rockfish to the nearshore rockfish
complex every year in all 4 years between 2017 and 2020 (Agenda Item
E.3.a GMT Report 2, November 2021). Additionally, the Council noted
that quillback rockfish has a 2.22 vulnerability score, making it one
of the most vulnerable rockfishes in the PCGFMP. For these reasons, the
Council recommended species-specific ACTs for quillback rockfish off
the coast of California as part of the 2023-24 harvest specifications
and management measures (87 FR 77007, December 16, 2022) to support
better tracking of mortality in light of the depleted nature of
quillback off California.
Quillback rockfish have a shared commercial and recreational
species-specific ACT of 0.87 metric tons (mt) for the area between
42[deg] N lat. and 40[deg]10' N lat. and 0.89 mt for south of
40[deg]10' N lat. (see 50 CFR 660 Table 1a and Table 2a). The ACTs were
set under the 2023-24 Groundfish Harvest Specifications and Management
Measures action in response to the 2021 stock assessment for quillback
rockfish off the coast of California, which has been deemed the best
scientific information available by NOAA Fisheries and the scientific
advisors to the Council. Given quillback rockfish are currently managed
in a stock complex, the new ACT was meant to essentially formalize the
ACL contributions for management purposes. Setting the ACTs equal to
the ACL contributions allows the Council to recommend necessary
management measures inseason when the ACL contribution is met or
projected to be met. Exceeding the ACL contribution for species in a
complex would otherwise typically not trigger a Council response or
accountability measure.
At the September 2023 Council meeting, the California Department of
Fish and Wildlife (CDFW) requested that the Council take action in
federal waters similar to management measures recently taken in
California state waters as a result of mortality of quillback rockfish
off California estimated to substantially exceed the federally set
harvest limits (see ADDRESSES). Updated quillback rockfish mortality as
of August 27, 2023, for California recreational fisheries and September
5, 2023 for California commercial landings is provided in Table 1 below
(Agenda Item G.8.a Supplemental GMT Report 5, September 2023). Table 1
demonstrates that estimated mortality across California (4.12 mt),
without taking into account commercial discards, is substantially
higher than the combined ACTs (1.76 mt) and substantially higher than
the combined OFL contributions (2.1 mt). Therefore, because the ACTs
were set in order to address localized depletion identified in the 2021
stock assessment, the Council determined that major reductions in
fishing opportunity for the remainder of the year are warranted.
Table 1--Best Estimate of 2023 California Quillback Rockfish Commercial Non-Trawl Landings and Recreational Mortality, in Metric Tons (mt)
[California Recreational Fishery Survey (CRFS) estimates through June, Anticipated Catch Values (ACVs) through August 27; commercial landings data
retrieved from PacFIN September 5. Inseason catch estimates are compared to the 2023 quillback rockfish ACT/ACL contributions north and south of
40[deg]10' N lat.]
--------------------------------------------------------------------------------------------------------------------------------------------------------
Estimated
recreational Commercial Combined 2023 Quillback ACT (= %
Area total mortality landings (mt) mortality (mt) ACL contribution) Attainment
(mt) \a\ (mt)
--------------------------------------------------------------------------------------------------------------------------------------------------------
North 40[deg]10' N lat........................................... 1.75 0.25 2.00 0.87 230
South 40[deg]10' N lat........................................... 1.84 0.28 2.12 0.89 238
--------------------------------------------------------------------------------------------------------------------------------------------------------
\a\ Commercial does not include estimated discard mortality.
In response, the Council's GMT conducted analysis to see if there
were any particular aspects of the fishery (by sector, location, gear
type, etc.) where quillback were most commonly encountered, in order to
narrow the scope of potential restrictions that may be most effective
at reducing further impacts to quillback rockfish for the remainder of
2023.
The GMT analyzed observer (commercial only) and landings data
(commercial and recreational) from 2021 and 2022 for the two geographic
areas off the coast of California with
[[Page 67658]]
quillback rockfish ACTs in 2023: between 42[deg] N lat. and 40[deg]10'
N lat. and south of 40[deg]10' N lat. The sectors with highest
estimated quillback rockfish removals in 2021 and 2022 were as follows:
landings in the recreational fishery south of 40[deg]10' N lat. (7.5 mt
in 2021 and 6.3 mt in 2022), discard mortality in the OA fixed gear
fishery north of 40[deg]10' N lat. in 2022 (5.3 mt), landings in the
recreational fishery north of 40[deg]10' N lat. (3.0 mt in 2021 and 2.9
mt in 2022), and both landings and discards combined in the nearshore
fishery both north (2.2 mt in 2021 and 1.9 mt in 2022) and south (2.7
mt in 2021 and 1.6 mt in 2022).
This information indicated that in 2021 and 2022, most landed catch
of quillback rockfish was from recreational fisheries, OA fixed gear
had high estimated discards in 2022, and the nearshore fishery has a
relatively lower overall but more consistent harvest tonnage from a mix
of both landings and discards. Further investigation on commercial
fishery encounters indicated that very few trips in the OA fixed gear
fishery that fished with hook and line gears caught quillback rockfish
in 2021 and 2022 (approximately 2 percent of trips between 42[deg] N
lat. and 40[deg]10' N lat. and less than 0.2 percent of trips south of
40[deg]10' N lat.). Comparatively, the nearshore fishery has much
higher encounter rates with quillback rockfish, with approximately 15
percent of trips between 42[deg] N lat. and 40[deg]10' N lat. and 6
percent of trips south of 40[deg]10' N lat. catching quillback
rockfish.
A further consideration of limited available spatial data indicated
that quillback rockfish are very rarely encountered in waters deeper
than 50 fathoms (91.4 meters (m)) but that the depth ranges where they
are most commonly encountered varies somewhat by latitude with more
attributed catches in shallower depths (e.g., 11-30 fathoms, 20.1-54.9
m) in the more northern areas and deeper than 20 fathoms (36.6 m) in
southern parts of the California coast.
The GMT also looked at whether the legal non-bottom contact hook-
and-line gear allowed in the non-trawl rockfish conservation area (RCA)
(50 CFR 660.330(b)(3)) has been encountering quillback rockfish. This
gear was a new management measure under the 2023-24 harvest
specifications and management measures (87 FR 77007, December 16, 2022)
within the non-trawl RCA in order to provide additional opportunity to
commercial non-trawl fisheries to target healthy stocks while relieving
pressure on depleted or constraining nearshore stocks. While data is
limited so far, the gear configurations have shown to have relatively
low bycatch of groundfish species of concern while being able to
harvest healthy midwater rockfish. In the 14 years the three
Experimental Fishing Permits (EFPs) operated that used similar gear
(Emley-Platt, Real Good Fish, and Oregon RFA EFP), a total of only
three quillback rockfish were caught. Further analysis showed that of
the 108 mt of total catch in all three EFPs combined, approximately
only 3 percent was quillback rockfish.
In light of this new information, the Council recommended limiting
the closures of trip limits by gear type and by area in order to
maintain some fishing opportunity with limited quillback rockfish
impacts, and focusing action on the sectors with greater quillback
impacts. The recommendations from the Council are projected to reduce
take of quillback rockfish in order to address localized depletion
while minimizing the economic impact to fishing communities to the
extent possible. Therefore, the Council recommended and NMFS is
implementing, by modifying Tables 2 North and South to part 660,
subpart E, Tables 3 North and South to part 660, subpart F, and 50 CFR
660.360(c)(3), a zero pound trip and bag limits, thereby effectively
prohibiting retention of quillback rockfish off California (south of
42[deg] N lat.) in both commercial (0 lbs per bimonthly period trip
limit) and recreational fisheries in federal waters (0 lbs bag limit).
The Council also recommended and NMFS is implementing, by Tables 2
North and South to part 660, subpart E, a zero pound trip limit for LE
fisheries, effectively closing those LE fisheries for period 6
(November-December) between 42[deg] North (N) latitude (lat.) to
34[deg]27' N lat. (unless otherwise specified) for the following stocks
and complexes: Minor Shelf Rockfish complex, widow rockfish, yellowtail
rockfish (42[deg] N lat. to 40[deg]10' N lat), canary rockfish, Minor
Nearshore Rockfish complex, lingcod, chilipepper rockfish (40[deg]10' N
lat. to 34[deg]27' N lat.), bocaccio rockfish (40[deg]10' N lat. to
34[deg]27' N lat.), and cabezon.
The Council recommended and NMFS is implementing, by modifying
Tables 3 North and South to part 660, subpart F, a zero pound trip
limit for OA fisheries, effectively closing the OA fisheries for period
6 (November-December) between 42[deg] North (N) latitude (lat.) to
34[deg]27' N lat. for the following stocks and complexes: Minor
Nearshore Rockfish complex, lingcod, and cabezon.
The Council recommended and NMFS is implementing, by modifying
Tables 3 North and South to part 660, subpart F, a zero pound trip
limit for OA fisheries, effectively closing the OA fishieries for
period 6 (November-December), except for vessels using legal non-bottom
contact hook and line gear (as defined at Sec. 660.330(b)(3)) between
42[deg] North (N) latitude (lat.) to 34[deg]27' N lat. (unless
otherwise specified) for the following stocks and complexes: minor
shelf rockfish (42[deg] N lat. to 40[deg]10' N lat), widow rockfish,
yellowtail rockfish (42[deg] N lat. to 40[deg]10' N lat), canary
rockfish, chilipepper rockfish (40[deg]10' N lat. to 34[deg]27' N
lat.), and bocaccio rockfish (40[deg]10' N lat. to 34[deg]27' N lat.).
Additionally, the Council recommended and NMFS is implementing, by
modifying 50 CFR 660.360, a closure for the nearshore recreational
groundfish fisheries for the remainder of 2023 in federal waters for
the Northern GMA, Mendocino GMA, San Francisco GMA, and Central GMA;
and prohibiting recreational vessels from fishing in federal waters
shoreward of the 50 fathom RCA boundary line. Shelf rockfish, slope
rockfish, and lingcod may be taken seaward of the 50-fathom boundary
line by recreational vessels, while it will be unlawful to take or
possess nearshore rockfish, cabezon or greenlings at any depth in
federal waters by recreational vessels.
Vermilion Rockfish
Vermilion rockfish off California are currently managed as part of
the Minor Shelf Rockfish complex, south of 40[deg]10' N latitude; as
well as the Minor Shelf Rockfish complex north of 40[deg]10' N
latitude, but only in the area between 42[deg] and 40[deg]10' N lat.
For 2023, the southern complex has an ACL of 1,469 mt, and vermilion
rockfish has an ACL contribution of 281.3 mt; the northern complex has
an ACL of 1,283 mt, and vermilion rockfish has an ACL contribution of
6.5 mt within it.
With the changes described above, which will shift fishing effort
from the nearshore out to the shelf, concerns about limiting shelf
stocks, specifically vermilion rockfish, arose. Due to the high value
of vermilion rockfish, there are concerns about potential effort
increases to minor shelf rockfish species, especially vermilion
rockfish, as well as additional concerns with non-compliance in
utilizing the legal non-bottom contact hook and line gear (as defined
at Sec. 660.330(b)(3)). While the Council intends to minimize impacts
to quillback rockfish, the intent of this action is also to avoid
overharvesting other species. To achieve this, the
[[Page 67659]]
Council recommended reducing trip limits to minimize the potential for
effort shift. Within the Minor Shelf Rockfish Complex, vermilion
rockfish south of 40[deg]10' ACL contribution is projected to be
exceeded and therefore the Council determined that additional trip
limit reductions should be taken. The expected mortality under current
limits are shown in Table 2.
Table 2--Projected Landings of Vermilion, Vermilion Allocation, and Projected Percentage of Vermilion Attained
Through the End of the Year by Current Trip Limit and Fishery
----------------------------------------------------------------------------------------------------------------
Projected
Area Projected OFL/ABC/ACL Contribution to attainment of ACL
landings (mt) the Minor Shelf Complex contribution
----------------------------------------------------------------------------------------------------------------
42[deg] N lat.-40[deg]10' N lat............ 6.7 mt OFL=6.99; ABC/ACL=6.54........ 102
40[deg]10' N lat.-34[deg]27' N lat......... 375.0 mt OFL=311.24; ABC/ACL=281.3..... 133
----------------------------------------------------------------------------------------------------------------
Given that the new LE trip limits for the Minor Shelf Rockfish
complex will be set to zero for the areas between 42[deg] N lat. to
40[deg]10' N lat. and 40[deg]10' N lat. to 34[deg]27' N lat. for period
6 (November-December), it is assumed that the LE entrants will shift
their effort to the OA fishery when targeting the Minor Shelf Rockfish
complex since legal non-bottom contact hook and line gear (as defined
at Sec. 660.330(b)(3)) will still be allowed in that area. Therefore,
the GMT analyzed the potential reduction to open access Minor Shelf
Rockfish complex trip limits between 42[deg] N lat. to 40[deg]10' N
lat. and 40[deg]10' N lat. to 34[deg]27' N lat. Additionally, the GMT
analyzed a potential reduction to the vermilion rockfish subtrip limit
between 40[deg]10' N lat. and 34[deg]27' N lat. (Agenda Item G.8.a
Supplemental GMT Report 5, September 2023).
Consequently, the Council recommended and NMFS is implementing, by
modifying Tables 3 North and South to part 660, subpart F, a closure of
the Minor Shelf Rockfish complex trip limit for all OA gear between
42[deg] N lat. to 34[deg]27' N lat. except legal non-bottom contact
hook and line gear (as defined at Sec. 660.330(b)(3)) (as discussed
above). For vessels using legal non-bottom contact hook and line gear,
the Council recommended and NMFS is implementing a reduction in the
Minor Shelf Rockfish complex trip limits for period 6 (November-
December). Between 42[deg] N lat. to 40[deg]10' N lat., the Minor Shelf
Rockfish trip limit will be 400 lbs. (181.4 kg) per month. Between
40[deg] 10' N lat. to 34[deg]27' N lat., the trip limit will be 2,000
lbs. (907.2 kg) per bimonthly period, of which no more than 200 lb.
(90.7 kg) may be vermilion rockfish.
Sablefish
Sablefish is an important commercial species on the west coast with
vessels targeting sablefish with both trawl and fixed gear (longlines
and pots/traps). Sablefish is managed with a coast-wide ACL that is
apportioned north and south of 36[deg] N lat. based on a 5-year rolling
average of swept-area biomass from the trawl survey. In 2023, the
portion of the ACL for sablefish north of 36[deg] N lat. is 8,486 mt
with a fishery HG of 7,600 mt. The fishery HG north of 36[deg] N lat.
is further divided between the Limited Entry Fixed Gear (LEFG) and OA
sectors with 90.6 percent, or 6,885 mt, going to the LEFG sector and
9.4 percent, or 714 mt, going to the OA sector.
At the September 2023 Council meeting, the Council's GMT received
requests from industry members and members of the Council's Groundfish
Advisory Subpanel to examine the potential to increase sablefish trips
limits for the LEFG and OA fisheries north of 36[deg] N lat. Landings
in both northern sectors are tracking well below their respective
sector-specific targets so far in 2023, and the LEFG sector in
particular had a slow start to the fishing season, largely driven by
fishing opportunities off Alaska. The intent of increasing trip limits
is to increase harvest opportunities for vessels targeting sablefish.
To evaluate potential increases to sablefish trip limits, the GMT made
model-based landings projections under current regulations and
alternative sablefish trip limits, including the limits ultimately
recommended by the Council, for the LEFG and OA fisheries through the
remainder of the year. Table 4 shows the projected sablefish landings,
the sablefish allocations, and the projected attainment percentage by
fishery under both the current trip limits and the Council's
recommended adjusted trip limits. These projections were based on the
most recent catch information available through early September 2023.
Industry did not request changes to sablefish trip limits for the LEFG
or OA fishery south of 36[deg] N lat. Therefore, NMFS and the Council
did not consider trip limit changes for these fisheries at this time.
Table 3--Projected Landings of Sablefish, Sablefish Allocation, and Projected Percentage of Sablefish Attained
Through the End of the Year by Trip Limit and Fishery
----------------------------------------------------------------------------------------------------------------
Projected Projected
Fishery Trip limits landings (round Allocation percentage
weight) (mt) (mt) attained
----------------------------------------------------------------------------------------------------------------
LEFG North of 36[deg] N lat.............. Current: 4,500 lb. (2,042 215-240 417 52-58
kg)/week, not to exceed
9,000 lb. (4,082 kg)/two
months.
Recommended: 9,000 lb. 317-364 82-87
(4,082 kg)/week, not to
exceed 18,000 lb. (8,165
kg)/two months.
OA North of 36[deg] N lat................ Current: 3,000 lb. (1,361 520-561 687 76-82
kg)/day, not to exceed
6,000 lb. (2,722 kg)/two
months.
Recommended: 4,000 lb. 599-654 87-95
(1,814 kg)/day, not to
exceed 8,000 lb. (8,629
kg)/two months.
----------------------------------------------------------------------------------------------------------------
[[Page 67660]]
As shown in Table 4, under the current trip limits, the model
predicts catches of sablefish will be at or below 58 percent, or 240 mt
of the 417 mt allocation, for LEFG and 82 percent, or 561 mt of the 687
mt allocation, for OA fishery north of 36[deg] N lat. Under the
Council's recommended trip limits, sablefish attainment is projected to
increase in the LEFG and OA fisheries north of 36[deg] N lat. up to 87
and 95 percent, respectively.
Trip limit increases for sablefish are intended to increase
attainment of the non-trawl HG. The recommended trip limit increases do
not change projected impacts to co-occurring rebuilding species
compared to the impacts anticipated in the 2023-24 harvest
specifications because the projected impacts to those species assume
that the entire sablefish ACL is harvested. Therefore, the Council
recommended and NMFS is implementing, by modifying Tables 2 North and
South to part 660, subpart E, trip limit changes for the LEFG fishery
north of 36[deg] N lat. to set the limits at ``9,000 lbs. (4,082.3 kg)/
week not to exceed 18,000 lbs. (8,164.7 kg)/2 months'' beginning in
period 6 (November-December) through the end of the year. NMFS is also
implementing, by modifying Tables 3 North and South to part 660,
subpart F, trip limit changes for the OA sablefish fishery north of
36[deg] N lat. to set the limits at 4,000 lbs. (1,814.4 kg)/week not to
exceed 8,000 lbs. (3,628.7 kg)/2 months starting with period 6
(November-December) through the end of the year.
Lingcod
Prior to the September 2023 meeting, the GMT also received a
request to increase the lingcod trip limits north of 42[deg] N lat. to
reduce regulatory discarding and increase economic opportunity. Status
quo is currently resulting in regulatory discard for certain
participants in the fishery. Lingcod is managed with an ACL north of
40[deg]10' N lat. and an ACL south of 40[deg]10' N lat. The 2023 ACL
for lingcod north of 40[deg]10' N lat. is 4,378 mt.
To evaluate potential increases to lingcod trip limits north of
42[deg] N lat., the GMT made model-based landings projections under
current regulations and alternative trip limits, including the limits
ultimately recommended by the Council, for the LE and OA fisheries
through the remainder of the year. Table 5 shows the projected lingcod
landings, the lingcod allocations, and the projected attainment
percentage by fishery under both the current trip limits and the
Council's recommended adjusted trip limits for north of 42[deg] N lat.
These projections were based on the most recent catch information
available through late August 2023.
Table 4--Projected Landings of Lingcod, Lingcod Allocation, and
Projected Percentage of Lingcod North of 42[deg] N Lat. Attained Through
the End of the Year by Trip Limit and Fishery
------------------------------------------------------------------------
Projected
Fishery Trip limits landings (round
weight) (mt)
------------------------------------------------------------------------
LE North of 42[deg] N lat..... Current: 7,000 lb. 160.8
(3,175.1 kg)/two
months.
OA North of 42[deg] N lat..... Current: 3,500 lb.
(1,587.6 kg)/month.
LE North of 42[deg] N lat..... Recommended: 9,000 lb. 166.0
(4,082.3 kg)/two
months.
OA North of 42[deg] N lat..... Recommended: 4,500 lb.
(2,041.2 kg)/month.
------------------------------------------------------------------------
Under the current trip limits, the model predicts catches of
lingcod north of 42[deg] N lat. will total 160.8 mt, which is 7.1
percent of the 2023 non-trawl allocation of lingcod (2,254.1 mt). Under
the Council's recommended trip limits, lingcod mortality north of
42[deg] N lat. is expected to increase to 166.0 mt, which is 7.4
percent of the 2023 non-trawl allocation of lingcod.
Trip limit increases for lingcod are intended to marginally
increase attainment of the non-trawl allocation. The recommended trip
limit increases do not appreciably 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 lingcod ACL is harvested. Therefore, the
Council recommended and NMFS is implementing, by modifying Table 2
North to part 660, subpart E, and Table 3 North to part 660, subpart F,
trip limit changes for LE and OA lingcod north of 42[deg] N lat. for
period 6 (November-December) as shown above in Table 5. These changes
will be implemented through the end of 2023.
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 the 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. Changes of this nature were anticipated in the final rule for
the 2023-24 harvest specifications and management measures which
published on December 16, 2022 (87 FR 76007). The majority of the
adjustments to management measures in this action address a
conservation concern for quillback rockfish off of California as new
information demonstrates the current management measures are not
sufficient to control mortality as is needed. Therefore, providing a
comment period for this action could hamper the adherence to
scientifically informed reference points, created to ensure
sustainability of the affected fisheries, and would delay measures
intended to address localized depletion of quillback rockfish. In
addition, trip limit increases for sablefish and lingcod are expected
to potentially increase economic value of the fisheries by increasing
harvest opportunity and reducing regulatory discards. 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 the new regulations could not be
implemented in time to realize the projected benefits to fishing
[[Page 67661]]
communities. For these same reasons, 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.
List of Subjects in 50 CFR Part 660
Fisheries, Fishing, and Indian Fisheries.
Dated: September 27, 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. Revise Table 2 (North) to part 660, subpart E, to read as follows:
BILLING CODE 3510-22-P
[GRAPHIC] [TIFF OMITTED] TR02OC23.005
[[Page 67662]]
0
3. Revise Table 2 (South) to part 660, subpart E, to read as follows:
[GRAPHIC] [TIFF OMITTED] TR02OC23.006
[[Page 67663]]
0
4. Revise Table 3 (North) to part 660, subpart F, to read as follows:
[GRAPHIC] [TIFF OMITTED] TR02OC23.007
[[Page 67664]]
0
5. Revise Table 3 (South) to part 660, subpart F, to read as follows:
[GRAPHIC] [TIFF OMITTED] TR02OC23.008
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[GRAPHIC] [TIFF OMITTED] TR02OC23.009
BILLING CODE 3510-22-C
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6. In 660.360, revise paragraph (c)(3) introductory text, and
paragraphs (c)(3)(i)(A)(1) through (5) to read as follows:
Sec. 660.360 Recreational fishery--management measures.
* * * * *
(c) * * *
(3) California. Seaward of California, for groundfish species not
specifically mentioned in this paragraph, fishers are subject to the
overall 20-fish bag limit for all species of finfish, of which no more
than 10 fish of any one species may be taken or possessed by any one
person. Petrale sole, Pacific sanddab, and starry flounder are not
subject to a bag limit. Recreational spearfishing for all federally-
managed groundfish, is exempt from closed areas and seasons, consistent
with Title 14 of the California Code of Regulations. This exemption
applies only to recreational vessels and divers provided no other
fishing gear, except spearfishing gear, is on board the vessel.
California state law may provide regulations similar to Federal
regulations for kelp greenlings. Retention of cowcod, yelloweye
rockfish, quillback rockfish, and bronzespotted rockfish, is prohibited
in the recreational fishery seaward of California all year in all
areas. Retention of species or species groups for which the season is
closed is prohibited in the recreational fishery seaward of California
all year in all areas, unless otherwise authorized in this section. For
each person engaged in recreational fishing in the EEZ seaward of
California, the following closed areas, seasons, bag limits, and size
limits apply:
(i) * * *
(A) * * *
(1) Between 42[deg] N lat. (California/Oregon border) and
40[deg]10' N lat. (Northern Management Area), recreational fishing for
the RCG Complex and lingcod is closed from January 1 through May 14, is
open at all depths from May 15 through October October 2, 2023, is
prohibited in the EEZ shoreward of the boundary line approximating the
50 fm (91 m) depth contour along the mainland coast and along islands
and offshore seamounts October 2, 2023 through December 31.
(2) Between 40[deg]10' N lat. and 38[deg]57.50' N lat. (Mendocino
Management Area), recreational fishing for the RCG Complex and lingcod
is closed from January 1 through May 14; prohibited in the EEZ
shoreward of the boundary line approximating the 50 fm (91 m) depth
contour along the mainland coast and along islands and offshore
seamounts from May 15 through July 15 (seaward of 50 fm (91 m) is
open), is open at all depths from July 16 through October 2, 2023, and
is prohibited in the EEZ shoreward of the boundary line approximating
the 50 fm (91 m) depth contour along the mainland coast and along
islands and offshore seamounts from October 3, 2023 through December
31.
(3) Between 38[deg]57.50' N lat. and 37[deg]11' N lat. (San
Francisco Management Area), recreational fishing for the RCG Complex
and lingcod is closed from January 1 through May 14; is prohibited in
the EEZ shoreward of the boundary line approximating the 50
[[Page 67666]]
fm (91 m) depth contour along the mainland coast and along islands and
offshore seamounts from May 15 through July 15 (seaward of 50 fm (91 m)
is open), is open at all depths from July 16 through October 2, 2023,
and is prohibited in the EEZ shoreward of the boundary line
approximating the 50 fm (91 m) depth contour along the mainland coast
and along islands and offshore seamounts from October October 3, 2023
through December 31. Closures around Cordell Bank (see paragraph
(c)(3)(i)(C) of this section) also apply in this area.
(4) Between 37[deg]11' N lat. and 34[deg]27' N lat. (Central
Management Area), recreational fishing for the RCG Complex and lingcod
is closed from January 1 through April 30, is open at all depths from
May 1 through September 30; and is prohibited in the EEZ shoreward of a
boundary line approximating the 50 fm (91 m) depth contour along the
mainland coast and along islands and offshore seamounts from October 1
through December 31 (seaward of 50 fm (91 m) is open).
(5) South of 34[deg]27' N lat. (Southern Management Area),
recreational fishing for the RCG Complex and lingcod is closed from
January 1 through March 31, open at all depths from April 1 through
September 15; and is prohibited in the EEZ shoreward of a boundary line
approximating the 50 fm (91 m) depth contour from September 16 through
December 31 along the mainland coast and along islands and offshore
seamounts (seaward of 50 fm (91 m) is open), except in the CCAs where
fishing is prohibited seaward of the 40 fm (73 m) depth contour when
the fishing season is open (see paragraph (c)(3)(i)(B) of this
section).
* * * * *
[FR Doc. 2023-21710 Filed 9-29-23; 8:45 am]
BILLING CODE 3510-22-C
