Magnuson-Stevens Act Provisions; Fisheries Off West Coast States; Pacific Coast Groundfish Fishery; 2023-2024 Biennial Specifications and Management Measures; Inseason Adjustments, 83354-83363 [2023-26018]
Download as PDF
<![CDATA[
83354
Federal Register / Vol. 88, No. 228 / Wednesday, November 29, 2023 / Rules and Regulations
LIBRARY OF CONGRESS
Copyright Royalty Board
37 CFR Part 386
[Docket No 23–CRB–0010–SA–COLA (2024)]
Cost of Living Adjustment to Satellite
Carrier Compulsory License Royalty
Rates
Copyright Royalty Board (CRB),
Library of Congress.
ACTION: Final rule; cost of living
adjustment.
AGENCY:
The Copyright Royalty Judges
announce a cost of living adjustment
(COLA) of 3.2% in the royalty rates
satellite carriers pay for a compulsory
license under the Copyright Act. The
COLA is based on the change in the
Consumer Price Index from October
2022 to October 2023.
DATES:
Effective date: November 29, 2023.
Applicability dates: These rates are
applicable to the period January 1, 2024,
through December 31, 2024.
FOR FURTHER INFORMATION CONTACT:
Anita Brown, (202) 707–7658, crb@
loc.gov.
SUMMARY:
The
satellite carrier compulsory license
establishes a statutory copyright
licensing scheme for the distant
retransmission of television
programming by satellite carriers. 17
U.S.C. 119. Congress created the license
in 1988 and reauthorized the license for
additional five-year periods until 2019
when it made the license permanent.1
On August 31, 2010, the Copyright
Royalty Judges (Judges) adopted rates
for the section 119 compulsory license
for the 2010–2014 term. See 75 FR
53198. The rates were proposed by
Copyright Owners and Satellite
Carriers 2 and were unopposed. Id.
section 119(c)(2) of the Copyright Act
provides that, effective January 1 of each
year, the Judges shall adjust the royalty
fee payable under section 119(b)(1)(B)
‘‘to reflect any changes occurring in the
cost of living as determined by the most
recent Consumer Price Index (for all
consumers and for all items) [CPI–U]
ddrumheller on DSK120RN23PROD with RULES1
SUPPLEMENTARY INFORMATION:
1 The most recent five-year reauthorization was
pursuant to the STELA Reauthorization Act of 2014,
Public Law 113–200. The license was made
permanent by the Satellite Television Community
Protection and Promotion Act of 2019, Public Law
116–94, div. P, title XI, section 1102(a), (c)(1), 133
Stat. 3201, 3203.
2 Program Suppliers and Joint Sports Claimants
comprised the Copyright Owners while DIRECTV,
Inc., DISH Network, LLC, and National
Programming Service, LLC, comprised the Satellite
Carriers.
VerDate Sep<11>2014
16:24 Nov 28, 2023
Jkt 262001
published by the Secretary of Labor
before December 1 of the preceding
year.’’ Section 119 also requires that
‘‘[n]otification of the adjusted fees shall
be published in the Federal Register at
least 25 days before January 1.’’ 17
U.S.C. 119(c)(2).
The change in the cost of living as
determined by the CPI–U during the
period from the most recent index
published before December 1, 2022, to
the most recent index published before
December 1, 2023, is 3.2%.3 Application
of the 3.2% COLA to the current rate for
the secondary transmission of broadcast
stations by satellite carriers for private
home viewing—34 cents per subscriber
per month—results in a rate of 35 cents
per subscriber per month (rounded to
the nearest cent). See 37 CFR
386.2(b)(1). Application of the 3.2%
COLA to the current rate for viewing in
commercial establishments—70 cents
per subscriber per month—results in a
rate of 72 cents per subscriber per
month (rounded to the nearest cent). See
37 CFR 386.2(b)(2).
List of Subjects in 37 CFR Part 386
Copyright, Satellite, Television.
Final Regulations
In consideration of the foregoing, the
Judges amend part 386 of title 37 of the
Code of Federal Regulations as follows:
PART 386—ADJUSTMENT OF
ROYALTY FEES FOR SECONDARY
TRANSMISSIONS BY SATELLITE
CARRIERS
1. The authority citation for part 386
continues to read as follows:
■
Authority: 17 U.S.C. 119(c), 801(b)(1).
2. Section 386.2 is amended by adding
paragraphs (b)(1)(xiv) and (b)(2)(xiv) to
read as follows:
■
§ 386.2 Royalty fee for secondary
transmission by satellite carriers.
*
*
*
*
*
(b) * * *
(1) * * *
(xiv) 2024: 35 cents per subscriber per
month.
(2) * * *
(xiv) 2024: 72 cents per subscriber per
month.
Dated: November 21, 2023.
David P. Shaw,
Chief Copyright Royalty Judge.
[FR Doc. 2023–26122 Filed 11–28–23; 8:45 am]
BILLING CODE 1410–72–P
3 On November 14, 2023, the Bureau of Labor
Statistics announced that the CPI–U increased 3.2%
over the last 12 months.
PO 00000
Frm 00050
Fmt 4700
Sfmt 4700
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 660
[Docket No. 221206–0261]
RIN 0648–BM72
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 2024 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.
SUMMARY:
This final rule is effective
January 1, 2024.
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
and supporting information for the
Council’s recommendations at the
November 2023 meeting.
FOR FURTHER INFORMATION CONTACT:
Keeley Kent, phone: 206–247–8252 or
email: keeley.kent@noaa.gov.
SUPPLEMENTARY INFORMATION:
DATES:
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
E:\FR\FM\29NOR1.SGM
29NOR1
Federal Register / Vol. 88, No. 228 / Wednesday, November 29, 2023 / Rules and Regulations
ddrumheller on DSK120RN23PROD with RULES1
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.
Pacific Coast groundfish fisheries are
managed using harvest specifications or
limits (e.g., overfishing limits [OFL],
acceptable biological catch [ABC],
annual catch limits [ACL], and harvest
guidelines [HG]) recommended
biennially by the Council and based on
the best scientific information available
at that time (50 CFR 660.60(b)). During
development of the harvest
specifications, the Council also
recommends management measures
(e.g., 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.
At its November 2023 meeting, the
Council recommended that NMFS
extend the duration of several measures
implemented through an inseason
published on October 2, 2023 (88 FR
67656), to continue the minimization of
mortality of quillback rockfish off
California for the 2024 fishing season.
The Council also recommended NMFS
reset trip limits for several species for
the 2024 fishing season.
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, and OFL) contribute
to the harvest specifications of the
complex. Amendment 31 to the
PCGFMP, which was approved on
November 13, 2023, defined quillback
VerDate Sep<11>2014
16:24 Nov 28, 2023
Jkt 262001
rockfish as three separate stocks
(Washington, Oregon, and California).
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 part 660, tables 1a and
2a to subpart C). 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
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.
At the November 2023 Council
meeting, the PFMC recommended
inseason changes to commercial
fisheries in order to limit the mortality
of quillback rockfish off California for
2024. The ACTs, and OFL contributions
for the stock of quillback rockfish off
California were estimated to be
significantly exceeded in 2023 (see 88
FR 67656, October 2, 2023, for more
information). Further action relative to
mortality of quillback rockfish off
California in the recreational fisheries is
expected at the March 2024 PFMC
meeting.
At the November 2023 meeting, 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
PO 00000
Frm 00051
Fmt 4700
Sfmt 4700
83355
narrow the scope of potential
restrictions that may be most effective at
reducing further impacts to quillback
rockfish for 2024.
The limited available spatial data
indicated that quillback rockfish are
very rarely encountered south of 36° N
latitude. Additionally, the data available
suggest that quillback rockfish off
California north of 36° N latitude are
rarely encountered in waters deeper
than 50 fathoms (fm) (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
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 Cook 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
reductions in 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 discard mortality of
quillback rockfish in order to address
depletion while minimizing the
economic impact to fishing
communities to the extent possible.
The Council recommended and, by
revising tables 2 North and South to part
660, subpart E, and tables 3 North and
South to part 660, subpart F, NMFS is
implementing an expansion of the
shoreward extent of the non-trawl RCA
E:\FR\FM\29NOR1.SGM
29NOR1
83356
Federal Register / Vol. 88, No. 228 / Wednesday, November 29, 2023 / Rules and Regulations
off California. Currently, the shoreward
boundary off California is either 40 or
50 fathoms (73 meters (m) or 91 m),
depending on latitude. This action
moves the boundary to the shoreward
boundary of the EEZ (3 nautical miles
(5556 m) from shore). This closure
reduces access to demersal co-occurring
targets in the range of quillback
rockfish. While new area will be closed
to bottom-contact gears, legal nonbottom contact hook-and-line gear are
allowed in the non-trawl RCA (50 CFR
660.330(b)(3)). This change to the
shoreward extent of the non-trawl RCA
allows fishery participants to continue
to access healthy midwater stocks inside
the non-trawl RCA, consistent with
§ 660.330(b)(3).
Additionally, the Council
recommended and, by revising tables 2
North and South to part 660, subpart E,
and tables 3 North and South to part
660, subpart F, NMFS is extending the
non-trawl RCA south of 34° 27′ N lat. in
the 100–150 fm (183 m–274 m) depths
to include additional islands and banks
that were formerly in the Cowcod
Conservation Area (CCA) (for more
information see 88 FR 59838, August 30,
2023). This change, which expands the
non-trawl RCA, is being promulgated as
a precautionary measure because
recreational fishing may increase fishing
pressure in areas which were
historically closed for some or all of the
year, and this anticipated increase in
anglers may increase catch of
constraining species such as copper
rockfish, vermilion/sunset rockfish and/
or species with prohibited retention
such as bronzespotted rockfish and
cowcod. Similarly, commercial fisheries
operating in these depths around the
islands and banks may increase the
likelihood of interactions with
prohibited species (e.g., cowcod and
bronzespotted rockfish). Additionally,
the consistency in areas formerly closed
by the CCA with the RCA lines in use
along the mainland coast and Channel
Islands south of Point Conception (34°
27′ N lat.) will reduce regulatory
complexity for stakeholders.
The Council also recommended and,
by modifying tables 2 North and South
to part 660, subpart E, and tables 3
North and South to part 660, subpart F,
NMFS is implementing a zero pound
trip limit for limited entry (LE) and
open access (OA) fisheries between 42°
N latitude and 36° N latitude for the
following targets for all cumulative
periods in 2024: Nearshore Rockfish
complex and cabezon. These targets are
only found in depths co-occurring with
quillback rockfish, so in order to reduce
quillback discard mortality, fishing on
these targets is not allowed.
The Council recommended and, by
modifying tables 2 North and South to
part 660, subpart E, and tables 3 North
and South to part 660, subpart F, NMFS
is implementing an area-based trip limit
for LE and OA fisheries between 42° N
latitude and 36° N latitude seaward of
the non-trawl RCA for the following
targets for all cumulative periods in
2024: lingcod and other flatfish. Inside
of the non-trawl RCA, the trip limit is
zero pounds for LE and OA fisheries for
both lingcod and other flatfish, which
co-occur with quillback rockfish, in
order to reduce quillback discard
mortality. The area-based trip limits will
allow access to these stocks in deeper
waters, seaward of the non-trawl RCA,
where they do not co-occur with
quillback rockfish, providing fishing
opportunity in this area.
Minor Shelf Rockfish; Vermilion/Sunset
Rockfish
Vermilion/Sunset 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 2024,
the southern complex has an ACL of
1,469 metric tons (mt), and vermilion/
sunset rockfish has an ACL contribution
of 281.29 mt; the northern complex has
an ACL of 1,278 mt, and vermilion/
sunset rockfish has an ACL contribution
of 6.62 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
minor shelf rockfish and vermilion/
sunset rockfish, arose. The GMT
analyzed reductions to the trip limits for
Minor Shelf Rockfish in the LE and OA
sectors off California. Based on the GMT
analysis, the Council recommended
reducing the trip limits, in anticipation
of increased effort. The expected
mortality by sector under current limits
and under the recommended changes
are shown in table 1.
TABLE 1—OPTIONS CONSIDERED BY THE COUNCIL TO ADJUST MINOR SHELF ROCKFISH TRIP LIMITS BY PERIOD IN THE
LEN (LIMITED ENTRY NORTH) (40°10′–42° N LAT.), LES (LIMITED ENTRY SOUTH) (40°10′–36° N LAT.), OAN (OPEN
ACCESS NORTH) (40°10′–42° N LAT.), AND OAS (OPEN ACCESS NORTH) (40°10′–36° N LAT.) SECTORS, ASSOCIATED LANDINGS PROJECTIONS, AND TOTAL LANDINGS
[Bolded row represents the GMT recommendation, which was adopted by the Council. There is no geographic harvest target to compare
estimated total landings against the trip limit change due to the split at 36° N lat.]
Sector
Trip limit
No Action .............
LEN ..........
OAN .........
LES ..........
OAS .........
LEN .........
OAN .........
LES ..........
OAS .........
LEN ..........
OAN .........
LES ..........
OAS .........
800 lbs. (363 kg)/mo ........................................................................................
800 lbs. (363 kg)/mo ........................................................................................
8,000 lbs. (3,629 kg)/2 mos .............................................................................
4,000 lbs. (1,814 kg)/2 mos .............................................................................
800 lbs. (363 kg)/mo ......................................................................................
600 lbs. (272 kg)/mo ......................................................................................
6,000 lbs. (2,722 kg)/2 mos ...........................................................................
3,000 lbs. (1,361 kg)/2 mos ...........................................................................
800 lbs. (363 kg)/mo ........................................................................................
400 lbs. (181 kg)/mo ........................................................................................
4,000 lbs. (1,814 kg)/2 mos .............................................................................
2,000 lbs. (907 kg)/2 mos ................................................................................
Option 1 ...............
Option 2 ...............
ddrumheller on DSK120RN23PROD with RULES1
Est. total
landings
(mt)
Option
Additionally, within the Minor Shelf
Rockfish Complex, vermilion rockfish
south of 40°10′ ACL contribution is
VerDate Sep<11>2014
16:24 Nov 28, 2023
Jkt 262001
projected to be exceeded in 2023 and
therefore the Council determined that
additional trip limit reductions should
PO 00000
Frm 00052
Fmt 4700
Sfmt 4700
Estimated total
landings
(mt)
0.6
5.0
11.8
83.6
0.6
4.7
11.6
68.0
0.6
4.6
10.6
56.0
be taken for 2024. Consequently, the
Council recommended and NMFS is
approving this change by modifying
E:\FR\FM\29NOR1.SGM
29NOR1
101
84.9
71.8
83357
Federal Register / Vol. 88, No. 228 / Wednesday, November 29, 2023 / Rules and Regulations
tables 2 and 3 North and South for all
cumulative periods in 2024. The
expected mortality by sector under
current limits and under the
recommended changes are shown in
table 2.
TABLE 2—PROJECTED LANDINGS OF VERMILION/SUNSET, VERMILION/SUNSET ALLOCATION, AND PROJECTED PERCENTAGE
OF VERMILION/SUNSET ATTAINED THROUGH THE END OF THE YEAR BY CURRENT TRIP LIMIT AND FISHERY
[LEN (40°10′ N lat.–34°27′ N lat.). LES (south of 34°27′ N lat.). OAN (40°10′ N lat.–34°27′ N lat.). OAS (south of 34°27′ N lat.).
Bolded row represents the GMT recommendation which was recommended by the Council to NMFS.]
No Action .............
Option 1 ..............
Landing
projection
(mt)
Sector,
option
Trip limit
LEN ..........
OAN .........
LES ..........
OAS .........
LEN .........
OAN .........
LES ..........
OAS .........
500 lbs. (227 kg)/2 mos ...........................................
400 lbs. (181 kg)/2 mos ...........................................
3,000 lbs. (1,361 kg)/2 mos .....................................
1,200 lbs. (544 kg)/2 mos ........................................
500 lbs. (227 kg)/2 mos .........................................
300 lbs. (136 kg)/2 mos .........................................
3,000 lbs. (1,361 kg)/2 mos ...................................
900 lbs. (408 kg)/2 mos .........................................
Bocaccio Rockfish South of 40°10′ N
Lat.
Bocaccio on the West Coast is
managed as a separate stock south of
40°10′ N lat., while bocaccio north of
40°10′ N lat. is managed as part of the
minor shelf rockfish complex north of
40°10′ N lat. Bocaccio south of 40°10′ N
lat., the subject of this action, is caught
both commercially and recreationally,
with commercial vessels harvesting it
with both trawl and fixed gear
(longlines and pots/traps) in the bottom
trawl, nearshore, limited entry, and
open access fixed gear fisheries. It is
caught in shelf and nearshore areas,
often together with chilipepper rockfish.
The 2024 ACL and harvest guideline for
bocaccio south of 40°10′ N lat. are 1,828
mt, and 1,779.9 mt, respectively.
Subsequent to the June 2023 Council
meeting, the Council recommended and
NMFS implemented increases to the
bocaccio trip limits for the LE and OA
sectors through table 2 South and table
3 South such that the new limits were
set at 8,000 lb (3,629 kg) per period for
LE and 6,000 pounds (2,721 kg) per
period for OA. Subsequent to the
September 2023 Council meeting, the
Council recommended revising the
bocaccio trip limits between 40°10 ′ and
34°27′ N lat. for both sectors due to
concerns due to quillback rockfish off
California. NMFS implemented via
inseason action a zero bag limit for
bocaccio in the LE sector for period 6 in
2023 and a gear restriction for the
existing bag limit for bocaccio in the OA
sector (see 88 FR 67656, October 2,
2023). As part of the November 2023
analysis, the GMT concluded that there
is minimal expected impact of target
fishing for bocaccio on quillback
rockfish as bocaccio is a midwater
species and quillback rockfish are
demersal and therefore they are not cooccurring. Therefore, the Council
recommended applying the trip limits
in place for each sector for periods 1–
5 to period 6 for 2024. NMFS is
implementing this change through
revisions to table 2 South and table 3
South.
Other Flatfish
Fishing for ‘‘other flatfish ’’ off
California as defined at § 660.11 General
definitions (between 42° N lat. south to
the U.S./Mexico border) is allowed
within the non-trawl RCA with hook
and line gear only (§ 660.330(d)(12)(iv)).
To prevent the possible interaction with
quillback rockfish within the RCA, the
Council recommended reducing the
‘‘other flatfish’’ trip limit to 0 lbs./2
months between 42° N lat. to 36° N lat.
inside the Non-Trawl RCA, and
maintaining the current trip limits
seaward of the Non-Trawl RCA. This
Est. total
landings
(mt)
2.4
17.8
35.1
35.6
2.4
13.4
35.1
26.8
Est. discard
mortality
(mt)
Est. total
mortality
(mt)
90.9
0.1
91.0
77.7
0.1
77.8
modification would allow for the
opportunity to land other flatfish caught
seaward of the RCA while preventing
interactions with quillback rockfish.
Lingcod
Prior to the November 2023 meeting,
the GMT 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 2024 ACL for
lingcod north of 40°10′ N lat. is 3,854
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
3 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 October 2023.
ddrumheller on DSK120RN23PROD with RULES1
TABLE 3—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: 9,000 lb. (4,082.3 kg)/two months ............................................
Current: 4,500 lb. (2,041.2 kg)/month.
Recommended: 11,000 lb. (4,989.5 kg)/two months ..............................
Recommended: 5,500 lb. (2,494.8 kg)/month.
VerDate Sep<11>2014
16:24 Nov 28, 2023
Jkt 262001
PO 00000
Frm 00053
Fmt 4700
Sfmt 4700
E:\FR\FM\29NOR1.SGM
29NOR1
157.63
173.45
83358
Federal Register / Vol. 88, No. 228 / Wednesday, November 29, 2023 / Rules and Regulations
Under the current trip limits, the
model predicts catches of lingcod north
of 42° N lat. will total 157.63 mt, which
is 8 percent of the 2024 non-trawl
allocation of lingcod (1,965.9 mt). Under
the Council’s recommended trip limits,
lingcod mortality north of 42° N lat. is
expected to increase to 173.45 mt,
which is 9 percent of the 2024 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 yelloweye rockfish (a 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 all cumulative periods in
2024 as shown above in table 3.
Canary Rockfish
At the November 2023 meeting, the
GMT evaluated a request to decrease the
2024 canary rockfish trip limits for the
LE fixed gear and OA in light of the
2023 stock assessment indicating canary
rockfish are below the healthy biomass
management target. The request was to
reverse a trip limit increase that was
implemented pursuant to a November
2022 inseason action (88 FR 4910,
January 26, 2023). Table 4 provides the
projected landings, mortality, and
attainment of the commercial share of
canary under the status quo and under
the recommended decrease in the limits.
TABLE 4—OPTIONS TO DECREASE CANARY TRIP LIMITS BY PERIOD IN THE LEN, OAN, LES, AND OAS SECTORS,
ASSOCIATED LANDINGS PROJECTIONS, ESTIMATED MORTALITY, AND NON-TRAWL COMMERCIAL SHARE ATTAINMENT
[Bolded row represents the GMT recommendation that was adopted by the Council]
Option
Sector
No Action ..............
LEN ............
OAN ...........
LES ............
OAS ............
LEN ............
OAN ...........
LES ............
OAS ...........
Option 1 ...............
4,000
2,000
4,000
2,000
3,000
1,000
3,500
1,500
lbs. (1,814 kg)/2 mos ......................................
lbs. (907 kg)/2 mos .........................................
lbs. (1,814 kg)/2 mos ......................................
lbs. (907 kg)/2 mos .........................................
lbs. (1,361 kg)/2 mos .....................................
lbs. (454 kg)/2 mos ........................................
lbs. (1,588 kg)/2 mos .....................................
lbs. (680 kg)/2 mos ........................................
Therefore, the Council recommended,
and by modifying tables 2 North and
South and tables 3 North and South,
NMFS is implementing a revision to the
LE and OA trip limits for all cumulative
periods in 2024 as shown in table 4
above. The adjustment will provide
proactive adjustment looking to the
2025–2026 biennium.
ddrumheller on DSK120RN23PROD with RULES1
Longleader (Holloway Gear)—Oregon
Recreational Fishery
The longleader gear is used to harvest
midwater rockfish seaward of the 40fathom regulatory line. Due to low
impacts to yelloweye rockfish and other
benthic species, the bag limit for this
fishery has been higher than the
nearshore traditional bottomfish bag
limit. In 2023, the bag limit was
increased from 10 fish to 15 fish as a
way to further entice anglers to
participate in the offshore fishery to
alleviate some of the fishing pressure
from the nearshore reefs. For 2024, the
GMT recommended decreasing the
Oregon longleader fishery bag limit to
12 fish due to an increase of canary
rockfish, a limiting stock, encountered
in the fishery and to be consistent with
state regulatory action which decreased
bag limits in state waters. Consequently,
the Council recommended and NMFS is
implementing this change in the bag
VerDate Sep<11>2014
16:24 Nov 28, 2023
Landing
projection
(mt)
Trip limit
Jkt 262001
Est. total
landings
(mt)
5.4
3.9
8.7
13.3
4.0
3.4
6.5
10.0
limit by modifying 50 CFR
660.360(c)(2)(iii)(A).
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
PO 00000
Frm 00054
Fmt 4700
Sfmt 4700
Est. discard
mortality
(mt)
Est. total
mortality
(mt)
% of the 2024
non-trawl
commercial
share
(122.4 mt)
31.3
0.8
32.0
26
23.9
0.6
24.5
20
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, by allowing for
fishing in areas where quillback rockfish
are not likely to occur and through trip
limit increases for lingcod, this action is
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 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 on
E:\FR\FM\29NOR1.SGM
29NOR1
Federal Register / Vol. 88, No. 228 / Wednesday, November 29, 2023 / Rules and Regulations
January 1, 2024, for the start of the new
fishing year.
List of Subjects in 50 CFR Part 660
Fisheries, Fishing, Indian Fisheries.
Dated: November 20, 2023.
Kelly Denit,
Director, Office of Sustainable Fisheries,
National Marine Fisheries Service.
83359
PART 660—FISHERIES OFF WEST
COAST STATES
1. The authority citation for part 660
continues to read as follows:
■
For the reasons set out in the
preamble, 50 CFR part 660 is amended
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 Limits for Limited 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
MAY-JUN
I MAR-APR I
Rockfish Conservation Area (RCA)11 :
1 North of 46°16' N lat.
2 46°16' N lat. - 42°00' N lat.
3 42°00' N lat. - 40°1 0' N lat.
I
JUL-AUG
I
SEP-OCT
I
1/1/2024
NOV-DEC
Shoreward EEZ -100 fm line"
30 fm line" - 75 fm line"
Shoreward EEZ - 75 fm line 11
See §§660.60 and 660.230 for additional gear, trip limit and conservation area requirements and restrictions. See §§660.70-660.74 and §§660.76660.79 for conservation area descriptions and coordinates (including RCAs, YRCAs, Farallon Islands, Cordell Bank, and EFHCAs).
3 Minor Slope Rockfish 21 & Darkblotched
rockfish
4 Pacific ocean perch
5 Sablefish
6
7
8,000 lb/ 2 months
3,600 lb/ 2 months
4,500 lb/ week, not to exceed 9,000 lb /2 months
10,000 lb/ 2 months
2,000 lb/ 2 months
2,500 lb/ 2 months
I
Lonasoine thornvhead
Shortspine thornvhead
8
Dover sole, arrowtooth flounder, petrale
sole, English sole, starry flounder
9
Other Flatfish 31
10
)>
North of 42°00' N lat.
42°00' N lat. - 40° 10' N lat.
11
-I
10,000 lb/ month
10,000 lb/ month
10,000 lb/ month seaward of the non-trawl RCA; 0 lb/month inside the non-trawl RCA
10,000 lb/ trip
800 lb/ month
4,000 lb/ 2 months
3,000 lb/ month
3,000 lb/ 2 months
CLOSED
12 Whitina
13 Minor Shelf Rockfish 21
14 Widow rockfish
15 Yellowtail rockfish
16 Canarv rockfish
17 Yelloweve rockfish
18 Quillback rockfish
19
42°00' N lat. - 40° 10' N lat.
0 lb/ 2 months
North of 42°00' N lat.
-
23
24 Linacod 51
25
26
27
5,000 lb/ 2 months, no more than 1,200 lb of which may be species other than black rockfish or blue/deacon
North of 42°00' N lat.
42°00' N lat. - 40°1 0' N lat.
Pacific cod
28 Spiny dogfish
29
30
31
32
33
0 lb/ 2 months
z
--...
0 lb/ 2 months
11,000 lb/ 2 months
2,000 lb/ 2 months seaward of the non-trawl RCA; 0 lb/ 2 months inside the non-trawl RCA
1,000 lb/ 2 months
150,000 lb/ 2
200,000 lb/ 2 months
100,000 lb/ 2 months
months
Unlimited
Unlimited
0 lb/ 2 months
Unlimited
Unlimited
I
Lonanose skate
Other Fish 61
Cabezon in California
Oreaon Cabezon/KelP Greenlina
Bia skate
N
:::r
rockfish 31
42°00' N lat. - 40° 10' N lat.
Minor Nearshore Rockfish
42°00' N lat. - 40° 10' N lat.
Black Rockfish
22
r
m
0
20 Minor Nearshore Rockfish Oreaon black/blue/deacon rockfish & black rockfish 41
21
m
I
1/The Rockfish Conservation Area Is an area closed to fishing by particular gear types, bounded by the EEZ (exclusIw economic zone, I.e., federal waters from 3-200 nautical miles from shore)
or 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 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. LEFG vessels may be allowed to fish inside groundfish conservation areas using non-bottom contact hook and line only.
See§ 660.230 (d) of the regulations for more infom,ation.
2/ Minor Shelf and Slope Rockfish complexes are defined at§ 660.11. Bocaccio, chili pepper and cowcod are included in the trip limits for Minor Shelf Rockfish. Splitnose rockfish is included
in the trip limits for Minor Slope Rockfish.
3/"otherflatfish" are defined at§ 660.11 and include butter sole, curlfin sole, flathead sole, Pacific sanddab, rexsole, rock sole, and sand sole.
4/ For black rockfish 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 limit
of 100 lb or 30 percent by weight of all fish on board, whichever is greater, per vessel, per fishing trip.
5/The minimum size limit forlingcod is 22 inches (56 cm) total length North of42° N lat. and 22 inches (56 cm) total length South of42° N lat.
6/"other Fish" are defined at§ 660.11 and include kelp greenling off Califomia and leopard shark.
3. Revise table 2 (South) to part 660,
subpart E, to read as follows:
■
VerDate Sep<11>2014
16:24 Nov 28, 2023
Jkt 262001
PO 00000
Frm 00055
Fmt 4700
Sfmt 4700
E:\FR\FM\29NOR1.SGM
29NOR1
ER29NO23.000</GPH>
ddrumheller on DSK120RN23PROD with RULES1
To convert pounds to kilograms, divide by 2.20462, the nurn:>er of pounds in one kilogram.
83360
Federal Register / Vol. 88, No. 228 / Wednesday, November 29, 2023 / Rules and Regulations
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 requirements apply -- Read §§660 10 through 660 399 before using this table
1/1/2024
JAN-FEB
MAR-APR
JUL-AUG
SEP-OCT
NOV-DEC
MAY-JUN
I
I
I
I
I
11
Rockfish Conservation Area (RCA) :
1 40°1 0' N lat. - 36°00' N lat.
Shoreward EEZ11 - 75 Im line11
2 36°00' N lat. - 34°27' N lat.
50 fm line11 - 75 fm line 11
3 ISouth of 34°27' N lat.
100 frn line11 - 150 fm line11 falso annlies around islands and banks\
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, Farallon Islands, Cordell Bank, and EFHCAs).
21
4 Minor Slope rockfish & Darkblotched
40,000 lb/ 2 months, of which no more than 6,000 lb may be blackgill rockfsh
rockfish
5 Splitnose rockfish
6 Sablefish
40,000 lb/ 2 months
7
40°10' N lat. - 36°00' N lat.
8
South of 36°00' N lat.
9 Lonascine thomvhead
10 Shortspine thomyhead
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
14 Other Flatfish31
15
I 40°10' N lat. -36°00' N lat.
16
South of 36°00' N lat.
I
17 Whitina
21
tB Minor Shelf Rockfish
19
40°10' N lat. -34°27' N lat.
I
20
South of 34 °27' N lat.
21 Widow rockfish
22
40°10' N lat. -34°27' N lat.
I
23
South of 34 °27' N lat.
24 Chilipepper rockfish
25
I 40°10' N lat. -34°27' N lat.
26
South of 34 °27' N lat.
27 Canary rockfish
28 Yelloweye rockfish
29 Quillback rockfish
30 Cowcod
31 Bronzespotted rockfish
32 Bocaccio
33 Minor Nearshore Rockfish
34
40°1 0' N lat. - 36° N lat. Shallow nearshore41
35
South of 36° N lat. Shallow nearshore41
36
2,000 lb/ 2 months
Spiny dogfish
44 Longnose skate
45 Other Fish71
48 Cabezon in C&lifornia
47
48
49 Big Skate
I
3,000 lb/ 2 months
2,500 lb/ 2 months
10,000 lb/ month
10,000 lb/ month
10,000 lb/ month seaward of the non-trawl RCA; 0 lb/month inside the non-trawl RCA
10,000 lb/ trip
6,000 lb/ 2 months, of which no more than 500 lb mav be vermilion
6,000 lb/ 2 months, of which no more than 3,000 lb mav be vermilion
-I
)>
m
r
m
N
10,000 lb/2 months
8,000 lb/ 2 months
-
en
10,000 lb. / 2 months
8,000 lb./ 2 months
3,500 lb/ 2 months
CLOSED
0 lb/ 2 months
CLOSED
CLOSED
8,000 lb/ 2 months
0
-C:
:::r
0 lb/ 2 months
2,000 lb/ 2 months
nearshore51
40°1 0' N lat. - 36° N lat. Deeper
37
South of 36° N lat. Deeper nearshore51
38 California Scorpionfish
61
39 Linacod
40
40°10' N lat. - 36° N lat.
I
41
South of 36° N lat.
42 Pacific cod
43
4,500 lb/ week, not to exceed 9,000 lb /2 months
2,500 lb/ week
10,000 lb/ 2 months
0 lb/ 2 months
2,000 lb/ 2 months, of which no more than 75 lb may be copper rockfish
3,500 lb/ 2 months
1,600 lb / 2 months seaward of the non-trawl RCA; 0 lb / 2 months inside the non-trawl RCA
1,600 lb/ 2 months
1,000 lb/ 2 months
150,000 lb/ 2
200,000 lb/ 2 months
100,000 lb/ 2 months
months
Unlimited
0 lb / 2 months
I
40°10' N lat. - 36° N lat.
South of 36° N lat.
I
0 lb/ 2 months
Unlimited
Unlimited
1/ The Roclcfish Conservation Afea 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 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. LEFG vessels may be allowed to fish inside groundfish conservation areas using non-bottom contact hook and line only.
See § 660.230 (d) of the regulations for more information.
2/ Minor Shelf and Slope Rockfish complexes are defined at§ 660.11. Pacific ocean perch is included in the trip limits for Minor Slope Rockfish. Blackgill rockfish have a
species specific trip sub-limit within the Minor Slope Rockfish cumulative limit. Yellowtail rockfish 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, 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) total length South of 42° N lat.
7/ "Other Fish" are defined at§ 660.11 and include kelp greenling off California and leopard shark.
To convert pounds to kilograms, divide by 2.20462, the number of pounds in one kilogram.
4. Revise table 3 (North) to part 660,
subpart F, to read as follows:
VerDate Sep<11>2014
16:24 Nov 28, 2023
Jkt 262001
PO 00000
Frm 00056
Fmt 4700
Sfmt 4700
E:\FR\FM\29NOR1.SGM
29NOR1
ER29NO23.001</GPH>
ddrumheller on DSK120RN23PROD with RULES1
■
Federal Register / Vol. 88, No. 228 / Wednesday, November 29, 2023 / Rules and Regulations
83361
Table 3 (North) to Part 660, Subpart F -- Non-Trawl Rockfish Conservation Areas and Trip Limits for Open Access Gears North of 40°1 O' N lat.
Other limits and requirements apply -- Read §§660.10 through 660.399 before using this table
Rockfish Conservation Area (RCA)11:
1 North of46'16' N lat.
2 46'16' N lat. -42'00' N lat.
3 42'00' N lat. - 40'1 0' N lat.
JAN-FEB
I
MAR-APR
I
I
I
I
I
1/1/2024
MAY✓UN
I
JUL-AUG
I
SEP-OCT
I
NOV-DEC
I
I
I
I
I
I
I
Shoreward EEZ-100 fm line 11
30 fm line 11 - 75 fm line 11
Shoreward EEZ - 75 fm line 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 (including RCAs, YRCAs, Farallon Islands, Cordell Bank, and EFHCAs).
4
5
6
7
a
9
Minor Slope Rockfish 21 & Darkblotched
rockfish
2,000 lb/ month
100 lb/ month
3,000 lb/ week, not to exceed 6,000 lb/ 2 months
50 lb/ month
50 lb/ month
Pacific ocean perch
Sablefish
Shortpine thornyheads
Longspine thornvheads
Dover sole, arrowtooth flounder, petrale sole,
5,000 lb/ month
English sole, starry flounder 71
10 Other Flatfish 31
11
12
North of 42'00' N lat.
42'00' N lat. - 40'1 0' N lat.
5,000 lb/ month
5,000 lb/ month seaward of the non-trawl RCA; O lb/month inside the non-trawl RCA
300 lb/ month
13 Whiting
14 Minor Shelf Rockfish 21
15
North of 42'00' N lat.
16
42'00' N lat. - 40'1 0' N lat.
17 Widow rockfish
18
19
20
21
22
23
Yellowtail rockfish
Canarv rockfish
Yelloweye rockfish
Quillback rockfish
42'00' N lat. - 40'1 0' N lat.
Minor Nearshore Rockfish, Oregon black/blue/deacon rockfish, & black rockfish
42'00' N lat. - 40'1 0' N lat.
Minor Nearshore Rock.fish
42'00' N lat. - 40'1 0' N lat.
Black rockfish
25
26
27 Linncod51
28
30
31
32
33
34
35
36
37
38
-I
0 lb/ 2 months
m
>
CD
r
North of 42'00' N lat. 5,000 lb/ 2 months, no more than 1,200 lb of which may be species other than black rockfish or blue/deacon rockfish 41
24
29
800 lb/ month
600 lb/month
2,000 lb/ 2 months
1,500 lb/month
1,000 lb/ 2 months
CLOSED
0 lb/ 2 months
1,000 lb/ month seaward of the non-trawl RCA; 0 lb/ month inside the non-trawl RCA
Pacific cod
1,000 lb/ 2 months
150,000 lb/ 2
Spiny dogfish
200,000 lb/ 2 months
100,000 lb/ 2 months
months
Lonanose skate
Unlimited
Bia skate
Unlimited
Unlimited
Other Fish 61
Cabezon in California
O lb/ 2 months
Oreaon Cabezon/Kelp Greenlina
Unlimited
SALM ON TROLL (subject to RCAs when retaining all species of groundfish, except for yellowtail rockfish 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 ling cod per 2 Chinook per trip, plus 1
ling cod per trip, up to a trip limit of 1O lingcod, on a trip where any fishing occurs within the RCA. The ling cod limit only
North
applies during times when lingcod retention is allm,ved, 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.
42°00' N lat.-40°10' N lat.
I
....
0
5,500 lb/ month
North of 42°00' N lat.
w
--z
0 lb/ 2 months
:::r
I
39 PINK SHRIMP NON-GROUNDFISH TRAWL (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. Toe 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, thomyheads
and yelloweye rockfish are PROHIBITED. All othergroundfish 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 trip groundfish
limits and do not have species-specific limits. The amount of groundfish landed may not exceed the amount of pink
shrimp landed.
40 North
1/ The Rockfish Conservation Area is an area closed to fishing by particular gear types, bounded by the EEZ (exclusive economic zone, i.e,, federal waters from 3-200 nautical miles from shore)
or 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 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. 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.
2/ Minor Shelf and Slope Rockfish complexes are defined at§ 660.11. Bocaccio, chilipepper and cowcod rockfishes are included in the trip limits for Minor Shelf Rockfish. Splitnose
rockfish is included in the trip limits for Minor Slope Rockfish.
3/ "other flatfish" are defined at§ 660.11 and include butter sole, curlfin sole, flathead sole, Pacific sanddab, rex sole, rock sole, and sand sole.
4/ For black rockfish 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 limit of 100 lbs or 30 percent by weight of all fish on board, wtlichever is greater, per vessel, per fishing trip.
5. Revise table 3 (South) to part 660,
subpart F, to read as follows:
■
VerDate Sep<11>2014
16:24 Nov 28, 2023
Jkt 262001
PO 00000
Frm 00057
Fmt 4700
Sfmt 4700
E:\FR\FM\29NOR1.SGM
29NOR1
ER29NO23.002</GPH>
ddrumheller on DSK120RN23PROD with RULES1
5/ The minimum size limit for lingcod is 22 inches (56 cm) total length North of 42° N lat. and 22 inches (56 cm) South of 42° N lat.
6/ "other fish" are defined at§ 660.11 and include kelp green ling off California and leopard shark.
7/ 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.
To convert pounds to kilograms, divide by 2.20462, the number of pounds in one kilogram.
83362
Federal Register / Vol. 88, No. 228 / Wednesday, November 29, 2023 / Rules and Regulations
Table 3 (South) to Part 660, Subpart F -- Non-Trawl Rockfish Conservation Areas and Trip Limits for Open Access Gears South of40°10' N lat.
Other limits and reauirements aoolv - Read &&660 10 throuah 660 399 before usina this table
1/1/2024
JAN-FEB
MAR-APR
MAY-JUN
JUL-AUG
I
I
I
I SEP-OCT
I NOV-DEC
Rockfish Conservation Area IRCAl :
I
I
I
I
I
I
I
I
I
I
I
1 40°1 0' N lat. - 36°00' N lat.
Shoreward EEZ 11 - 75 Im line 11
2 36°00' N lat. - 34 °27' N lat.
50 Im line 11 - 75 Im line 11
100 Im line 11 - 150 Im line 11 (also aoolies around islands and banks\
See §§660.60 and 660.230 for additional gear, trip limlt and conservation area requirements and restrictions. See §§660.70-660.74 and §§660.76660.79 for conservation area descriptions and coordinates (including RCAs, YRCAs, Farallon Islands, Cordell Bank, and EFHCAs).
3 South of 34°27' N lat.
Minor Slope Rockfish 21 & Darkblotched
rockfish
5 Splitnose rockfish
6 Sablefish
7
140°10' N lat. -36°00' N lat.
4
8
10,000 lb/ 2 months, of which no more than 2,500 lb may be blackgill rockfish
200 lb/ month
3,000 lb/ week, not to exceed 6,000 lb/ 2 months
Isouth of 36°00' N lat.
2,000 lb/ week, not to exceed 6,000 lb/ 2 months
9 Shortoine thornvheads
10
140°10' N lat. -34°27' N lat.
11 Longspine thornyheads
12
140°10' N lat. -34°27' N lat.
50 lb/month
50 lb/month
13 Shortpine thornyheads and longspine
thornvheads
I
100 lb/ day, no more than 1,000 lb/ 2 months
south of 34°27' N lat.
Dover sole, arrowtooth flounder, petrale
15 sole, English sole, starry flounder, Other
5,000 lb/ month
-I
Flatfish 3181
16 Other Flatfish"
17
)>
140° 10' N lat. - 36°00' N lat.
South of 36°00' N lat.
I
18
19 Whitina
5,000 lb/ month
5,000 lb/ month seaward of the non-trawl RCA; 0 lb/month inside the non-trawl RCA
300 lb/ month
m
r
3,000 lb/ 2 months, of which no more than 300 lb may be vennilion/sunset
3,000 lb/ 2 months, of which no more than 900 lb may be vennilion/sunset
w
20 Minor Shelf Rockfish 21
21
140°10' N lat. -34°27' N lat.
22
I
South of 34 °27' N lat.
23 Widow rockfish
I 40°10' N lat. -34°27' N lat.
I South of 34°27' N lat.
24
25
--
6,000 lb/ 2 months
4,000 lb/ 2 months
C/)
26 Chilipepper rockfish
0
140°10' N lat. -34°27' N lat.
South of 34 °27' N lat.
I
27
28
29 Canary rockfish
32 Bronzespotted rockfish
33 Quillback rockfish
34 Bocaccio
35 Minor Nearshore Rockfish
Deepernearshore 51
I 40°10' N lat. -36°00' N lat.
43
South of 36°00' N lat.
44 Pacific cod
46 Longnose skate
47 Big skate
48 Other Fish 71
49 Cabezon in California
50
ddrumheller on DSK120RN23PROD with RULES1
51
VerDate Sep<11>2014
700 lb / month seaward of the non-trawl RCA; 0 lb/ month inside the non-trawl RCA
700 lb/ month
1,000 lb/ 2 months
150,000 lb/ 2
200,000 lb/ 2 months
100,000 lb/ 2 months
months
Unlimited
Unlimited
Unlimited
I
45 Spiny dogfish
140°1 0' N lat. - 36°00' N lat.
South of 36°00' N lat. I
Jkt 262001
PO 00000
I
0 lb/month
Unlimited
I
16:24 Nov 28, 2023
:::r
2,000 lb/ 2 months, of which no more than 75 lb may be copper rockfish
3,500 lb/ 2 months
South of 36°00' N lat. Deeoer nearshore 51
40 California Scorpionfish
41 Lin11cod"
42
C:
0 lb/ 2 months
2,000 lb/ 2 months
0 lb/ 2 months
36 40° 10' N lat. - 36°00' N lat. Shallow nearshore 41
37
South of 36°00' N lat. Shallow nearshore 41
38 40°10' N lat. - 36°00' N lat.
-
6,000 lb/ 2 months
4,000 lb/ 2 months
1,500 lb/ 2 months
CLOSED
CLOSED
CLOSED
0 lb/ 2 months
6,000 lb/ 2 months
30 Yelloweve rockfish
31 Cowcod
39
m
Frm 00058
Fmt 4700
Sfmt 4725
E:\FR\FM\29NOR1.SGM
29NOR1
ER29NO23.003</GPH>
14
Federal Register / Vol. 88, No. 228 / Wednesday, November 29, 2023 / Rules and Regulations
Table 3 (South) Continued
Other limits and requirements apply -- Read §§660 1O through 660 399 before using this table
JAN-FEB
MAR-APR
I
I
Rockfish Conservation Area
1 40"10' N lat. - 36"00' N lat.
MAY-JUN
I
JUL-AUG
I
SEP-OCT
I
83363
1/1/2024
NOV-DEC
{RCA)11:
Shoreward EEZ 11 - 75 fm line 11
2 36"00' N lat. - 34"27' N lat.
50 fm line 11 - 75 fm line 11
100 fm
-150 fm line11 (also aoolies around islands and banks)
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, Farallon Islands, Cordell Bank, and EFHCAs).
59 SALM ON TROLL (subject to RCAs when retainin all species of groundfish, except for yellowtail rockfish, as described below)
3 South of 34 °27' N lat.
line11
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
South of 40°1 O' N lat. for 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.
60
63
40"10' N tat. - 38"00' N tat.
64
38"00' N tat. - 34"27' N tat.
South of 34"27' N tat.
65
100 fmline
200fmline 11
I
100 fm line
11 -
150 fm line
11
100 fm line
11 -
150 fm line
11
100 fm line
11 -
150 fm line
11
>
CD
rm
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 {RCAl for CA Halibut, Sea Cucumber & Ridoeback Prawn:
11 -
-I
100 fmline
I
11 -
200 fmline
11
-en
..
0
C:
--
:::r
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,
except 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 C')
Pt. Conception and the overall groundfish "per trip" limit may not be multiplied by the number of days of the trip.
0
Vessels participating in the California halibut fishery south of 38"57.50' N lat. are allowed to (1) land up to 100 lb/day of
:::J
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, stany
flounder, rock sole, curlfin sole, or California scorpionfish (California scorpionfish is also subject to the trip limits and
:::J
closures in line 29).
..-·
66
C:
67 PINK SHRIMP NON-GROUNDFISH TRAWL GEAR (not subject to RCAs)
69
South
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. Toe 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 yello\o\Eye 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 species-specific 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.
CD
C.
1/ The Rockfish Conservation P.rea 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 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. 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.
21 Minor Shelf and Slope Rockfish complexes are defined at§ 660.11. Pacific ocean perch is included in the trip limits for minor slope rockfish. Blackgill rockfish have
a species specific trip sub-limit within the minor slope rockfish cumulative 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 include 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 greenling off California 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.
To convert pounds to kilograms, divide by 2.20462, the number of pounds in one kilogram.
§ 660.360 Recreational fishery—
management measures.
ddrumheller on DSK120RN23PROD with RULES1
*
*
*
(c) * * *
(2) * * *
(iii) * * *
VerDate Sep<11>2014
*
*
16:24 Nov 28, 2023
Jkt 262001
(A) Marine fish. The bag limit is 10
marine fish per day, which includes
rockfish, kelp greenling, cabezon, and
other groundfish species; except the
daily bag limit in the long-leader gear
fishery is 12 fish per day. The bag limit
of marine fish excludes Pacific halibut,
salmonids, tuna, perch species,
sturgeon, sanddabs, flatfish, lingcod,
PO 00000
Frm 00059
Fmt 4700
Sfmt 9990
striped bass, hybrid bass, offshore
pelagic species and baitfish (herring,
smelt, anchovies and sardines). The
minimum size for cabezon retained in
the Oregon recreational fishery is 16 in
(41 cm) total length.
*
*
*
*
*
[FR Doc. 2023–26018 Filed 11–28–23; 8:45 am]
BILLING CODE 3510–22–C
E:\FR\FM\29NOR1.SGM
29NOR1
ER29NO23.004</GPH>
6. Amend § 660.360 by revising
paragraph (c)(2)(iii)(A) to read as
follows:
■
]]>Agencies
[Federal Register Volume 88, Number 228 (Wednesday, November 29, 2023)]
[Rules and Regulations]
[Pages 83354-83363]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-26018]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 660
[Docket No. 221206-0261]
RIN 0648-BM72
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 2024 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 January 1, 2024.
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 and supporting information for the
Council's recommendations at the November 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
[[Page 83355]]
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.
Pacific Coast groundfish fisheries are managed using harvest
specifications or limits (e.g., overfishing limits [OFL], acceptable
biological catch [ABC], annual catch limits [ACL], and harvest
guidelines [HG]) recommended biennially by the Council and based on the
best scientific information available at that time (50 CFR 660.60(b)).
During development of the harvest specifications, the Council also
recommends management measures (e.g., 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.
At its November 2023 meeting, the Council recommended that NMFS
extend the duration of several measures implemented through an inseason
published on October 2, 2023 (88 FR 67656), to continue the
minimization of mortality of quillback rockfish off California for the
2024 fishing season. The Council also recommended NMFS reset trip
limits for several species for the 2024 fishing season.
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, and OFL) contribute to the harvest specifications of the complex.
Amendment 31 to the PCGFMP, which was approved on November 13, 2023,
defined quillback rockfish as three separate stocks (Washington,
Oregon, and California).
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 part 660, tables 1a and 2a to subpart C).
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
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.
At the November 2023 Council meeting, the PFMC recommended inseason
changes to commercial fisheries in order to limit the mortality of
quillback rockfish off California for 2024. The ACTs, and OFL
contributions for the stock of quillback rockfish off California were
estimated to be significantly exceeded in 2023 (see 88 FR 67656,
October 2, 2023, for more information). Further action relative to
mortality of quillback rockfish off California in the recreational
fisheries is expected at the March 2024 PFMC meeting.
At the November 2023 meeting, 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 2024.
The limited available spatial data indicated that quillback
rockfish are very rarely encountered south of 36[deg] N latitude.
Additionally, the data available suggest that quillback rockfish off
California north of 36[deg] N latitude are rarely encountered in waters
deeper than 50 fathoms (fm) (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 Cook 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 reductions in 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
discard mortality of quillback rockfish in order to address depletion
while minimizing the economic impact to fishing communities to the
extent possible.
The Council recommended and, by revising tables 2 North and South
to part 660, subpart E, and tables 3 North and South to part 660,
subpart F, NMFS is implementing an expansion of the shoreward extent of
the non-trawl RCA
[[Page 83356]]
off California. Currently, the shoreward boundary off California is
either 40 or 50 fathoms (73 meters (m) or 91 m), depending on latitude.
This action moves the boundary to the shoreward boundary of the EEZ (3
nautical miles (5556 m) from shore). This closure reduces access to
demersal co-occurring targets in the range of quillback rockfish. While
new area will be closed to bottom-contact gears, legal non-bottom
contact hook-and-line gear are allowed in the non-trawl RCA (50 CFR
660.330(b)(3)). This change to the shoreward extent of the non-trawl
RCA allows fishery participants to continue to access healthy midwater
stocks inside the non-trawl RCA, consistent with Sec. 660.330(b)(3).
Additionally, the Council recommended and, by revising tables 2
North and South to part 660, subpart E, and tables 3 North and South to
part 660, subpart F, NMFS is extending the non-trawl RCA south of
34[deg] 27' N lat. in the 100-150 fm (183 m-274 m) depths to include
additional islands and banks that were formerly in the Cowcod
Conservation Area (CCA) (for more information see 88 FR 59838, August
30, 2023). This change, which expands the non-trawl RCA, is being
promulgated as a precautionary measure because recreational fishing may
increase fishing pressure in areas which were historically closed for
some or all of the year, and this anticipated increase in anglers may
increase catch of constraining species such as copper rockfish,
vermilion/sunset rockfish and/or species with prohibited retention such
as bronzespotted rockfish and cowcod. Similarly, commercial fisheries
operating in these depths around the islands and banks may increase the
likelihood of interactions with prohibited species (e.g., cowcod and
bronzespotted rockfish). Additionally, the consistency in areas
formerly closed by the CCA with the RCA lines in use along the mainland
coast and Channel Islands south of Point Conception (34[deg] 27' N
lat.) will reduce regulatory complexity for stakeholders.
The Council also recommended and, by modifying tables 2 North and
South to part 660, subpart E, and tables 3 North and South to part 660,
subpart F, NMFS is implementing a zero pound trip limit for limited
entry (LE) and open access (OA) fisheries between 42[deg] N latitude
and 36[deg] N latitude for the following targets for all cumulative
periods in 2024: Nearshore Rockfish complex and cabezon. These targets
are only found in depths co-occurring with quillback rockfish, so in
order to reduce quillback discard mortality, fishing on these targets
is not allowed.
The Council recommended and, by modifying tables 2 North and South
to part 660, subpart E, and tables 3 North and South to part 660,
subpart F, NMFS is implementing an area-based trip limit for LE and OA
fisheries between 42[deg] N latitude and 36[deg] N latitude seaward of
the non-trawl RCA for the following targets for all cumulative periods
in 2024: lingcod and other flatfish. Inside of the non-trawl RCA, the
trip limit is zero pounds for LE and OA fisheries for both lingcod and
other flatfish, which co-occur with quillback rockfish, in order to
reduce quillback discard mortality. The area-based trip limits will
allow access to these stocks in deeper waters, seaward of the non-trawl
RCA, where they do not co-occur with quillback rockfish, providing
fishing opportunity in this area.
Minor Shelf Rockfish; Vermilion/Sunset Rockfish
Vermilion/Sunset 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 2024, the southern complex has an ACL of 1,469
metric tons (mt), and vermilion/sunset rockfish has an ACL contribution
of 281.29 mt; the northern complex has an ACL of 1,278 mt, and
vermilion/sunset rockfish has an ACL contribution of 6.62 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 minor shelf rockfish and vermilion/sunset
rockfish, arose. The GMT analyzed reductions to the trip limits for
Minor Shelf Rockfish in the LE and OA sectors off California. Based on
the GMT analysis, the Council recommended reducing the trip limits, in
anticipation of increased effort. The expected mortality by sector
under current limits and under the recommended changes are shown in
table 1.
Table 1--Options Considered by the Council To Adjust Minor Shelf Rockfish Trip Limits by Period in the LEN
(Limited Entry North) (40[deg]10'-42[deg] N Lat.), LES (Limited Entry South) (40[deg]10'-36[deg] N Lat.), OAN
(Open Access North) (40[deg]10'-42[deg] N Lat.), and OAS (Open Access North) (40[deg]10'-36[deg] N Lat.)
Sectors, Associated Landings Projections, and Total Landings
[Bolded row represents the GMT recommendation, which was adopted by the Council. There is no geographic harvest
target to compare estimated total landings against the trip limit change due to the split at 36[deg] N lat.]
----------------------------------------------------------------------------------------------------------------
Estimated
Option Sector Trip limit Est. total total landings
landings (mt) (mt)
----------------------------------------------------------------------------------------------------------------
No Action...................... LEN................... 800 lbs. (363 kg)/mo... 0.6 101
OAN................... 800 lbs. (363 kg)/mo... 5.0
LES................... 8,000 lbs. (3,629 kg)/2 11.8
mos.
OAS................... 4,000 lbs. (1,814 kg)/2 83.6
mos.
Option 1....................... LEN................... 800 lbs. (363 kg)/mo... 0.6 84.9
OAN................... 600 lbs. (272 kg)/mo... 4.7
LES................... 6,000 lbs. (2,722 kg)/2 11.6
mos.
OAS................... 3,000 lbs. (1,361 kg)/2 68.0
mos.
Option 2....................... LEN................... 800 lbs. (363 kg)/mo... 0.6 71.8
OAN................... 400 lbs. (181 kg)/mo... 4.6
LES................... 4,000 lbs. (1,814 kg)/2 10.6
mos.
OAS................... 2,000 lbs. (907 kg)/2 56.0
mos.
----------------------------------------------------------------------------------------------------------------
Additionally, within the Minor Shelf Rockfish Complex, vermilion
rockfish south of 40[deg]10' ACL contribution is projected to be
exceeded in 2023 and therefore the Council determined that additional
trip limit reductions should be taken for 2024. Consequently, the
Council recommended and NMFS is approving this change by modifying
[[Page 83357]]
tables 2 and 3 North and South for all cumulative periods in 2024. The
expected mortality by sector under current limits and under the
recommended changes are shown in table 2.
Table 2--Projected Landings of Vermilion/Sunset, Vermilion/Sunset Allocation, and Projected Percentage of
Vermilion/Sunset Attained Through the End of the Year by Current Trip Limit and Fishery
[LEN (40[deg]10' N lat.-34[deg]27' N lat.). LES (south of 34[deg]27' N lat.). OAN (40[deg]10' N lat.-34[deg]27'
N lat.). OAS (south of 34[deg]27' N lat.).
Bolded row represents the GMT recommendation which was recommended by the Council to NMFS.]
----------------------------------------------------------------------------------------------------------------
Est.
Landing Est. total discard Est. total
Sector, option Trip limit projection landings mortality mortality
(mt) (mt) (mt) (mt)
----------------------------------------------------------------------------------------------------------------
No Action............... LEN............ 500 lbs. (227 kg)/ 2.4 90.9 0.1 91.0
2 mos.
OAN............ 400 lbs. (181 kg)/ 17.8
2 mos.
LES............ 3,000 lbs. (1,361 35.1
kg)/2 mos.
OAS............ 1,200 lbs. (544 35.6
kg)/2 mos.
Option 1................ LEN............ 500 lbs. (227 kg)/ 2.4 77.7 0.1 77.8
2 mos.
OAN............ 300 lbs. (136 kg)/ 13.4
2 mos.
LES............ 3,000 lbs. (1,361 35.1
kg)/2 mos.
OAS............ 900 lbs. (408 kg)/ 26.8
2 mos.
----------------------------------------------------------------------------------------------------------------
Bocaccio Rockfish South of 40[deg]10' N Lat.
Bocaccio on the West Coast is managed as a separate stock south of
40[deg]10' N lat., while bocaccio north of 40[deg]10' N lat. is managed
as part of the minor shelf rockfish complex north of 40[deg]10' N lat.
Bocaccio south of 40[deg]10' N lat., the subject of this action, is
caught both commercially and recreationally, with commercial vessels
harvesting it with both trawl and fixed gear (longlines and pots/traps)
in the bottom trawl, nearshore, limited entry, and open access fixed
gear fisheries. It is caught in shelf and nearshore areas, often
together with chilipepper rockfish. The 2024 ACL and harvest guideline
for bocaccio south of 40[deg]10' N lat. are 1,828 mt, and 1,779.9 mt,
respectively.
Subsequent to the June 2023 Council meeting, the Council
recommended and NMFS implemented increases to the bocaccio trip limits
for the LE and OA sectors through table 2 South and table 3 South such
that the new limits were set at 8,000 lb (3,629 kg) per period for LE
and 6,000 pounds (2,721 kg) per period for OA. Subsequent to the
September 2023 Council meeting, the Council recommended revising the
bocaccio trip limits between 40[deg]10 ' and 34[deg]27' N lat. for both
sectors due to concerns due to quillback rockfish off California. NMFS
implemented via inseason action a zero bag limit for bocaccio in the LE
sector for period 6 in 2023 and a gear restriction for the existing bag
limit for bocaccio in the OA sector (see 88 FR 67656, October 2, 2023).
As part of the November 2023 analysis, the GMT concluded that there is
minimal expected impact of target fishing for bocaccio on quillback
rockfish as bocaccio is a midwater species and quillback rockfish are
demersal and therefore they are not co-occurring. Therefore, the
Council recommended applying the trip limits in place for each sector
for periods 1-5 to period 6 for 2024. NMFS is implementing this change
through revisions to table 2 South and table 3 South.
Other Flatfish
Fishing for ``other flatfish '' off California as defined at Sec.
660.11 General definitions (between 42[deg] N lat. south to the U.S./
Mexico border) is allowed within the non-trawl RCA with hook and line
gear only (Sec. 660.330(d)(12)(iv)). To prevent the possible
interaction with quillback rockfish within the RCA, the Council
recommended reducing the ``other flatfish'' trip limit to 0 lbs./2
months between 42[deg] N lat. to 36[deg] N lat. inside the Non-Trawl
RCA, and maintaining the current trip limits seaward of the Non-Trawl
RCA. This modification would allow for the opportunity to land other
flatfish caught seaward of the RCA while preventing interactions with
quillback rockfish.
Lingcod
Prior to the November 2023 meeting, the GMT 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 2024 ACL for lingcod north of
40[deg]10' N lat. is 3,854 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 3 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 October 2023.
Table 3--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 landings
Fishery Trip limits (round weight) (mt)
------------------------------------------------------------------------
LE North of 42[deg] N lat...... Current: 9,000 157.63
lb. (4,082.3 kg)/
two months.
OA North of 42[deg] N lat...... Current: 4,500
lb. (2,041.2 kg)/
month.
LE North of 42[deg] N lat...... Recommended: 173.45
11,000 lb.
(4,989.5 kg)/two
months.
OA North of 42[deg] N lat...... Recommended:
5,500 lb.
(2,494.8 kg)/
month.
------------------------------------------------------------------------
[[Page 83358]]
Under the current trip limits, the model predicts catches of
lingcod north of 42[deg] N lat. will total 157.63 mt, which is 8
percent of the 2024 non-trawl allocation of lingcod (1,965.9 mt). Under
the Council's recommended trip limits, lingcod mortality north of
42[deg] N lat. is expected to increase to 173.45 mt, which is 9 percent
of the 2024 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
yelloweye rockfish (a 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 all cumulative periods in 2024 as
shown above in table 3.
Canary Rockfish
At the November 2023 meeting, the GMT evaluated a request to
decrease the 2024 canary rockfish trip limits for the LE fixed gear and
OA in light of the 2023 stock assessment indicating canary rockfish are
below the healthy biomass management target. The request was to reverse
a trip limit increase that was implemented pursuant to a November 2022
inseason action (88 FR 4910, January 26, 2023). Table 4 provides the
projected landings, mortality, and attainment of the commercial share
of canary under the status quo and under the recommended decrease in
the limits.
Table 4--Options To Decrease Canary Trip Limits by Period in the LEN, OAN, LES, and OAS Sectors, Associated Landings Projections, Estimated Mortality,
and Non-Trawl Commercial Share Attainment
[Bolded row represents the GMT recommendation that was adopted by the Council]
--------------------------------------------------------------------------------------------------------------------------------------------------------
% of the 2024
Landing Est. total Est. Est. total non-trawl
Option Sector Trip limit projection landings discard mortality commercial
(mt) (mt) mortality (mt) share (122.4
(mt) mt)
--------------------------------------------------------------------------------------------------------------------------------------------------------
No Action...................... LEN..................... 4,000 lbs. (1,814 kg)/2 5.4 31.3 0.8 32.0 26
mos.
OAN..................... 2,000 lbs. (907 kg)/2 mos 3.9
LES..................... 4,000 lbs. (1,814 kg)/2 8.7
mos.
OAS..................... 2,000 lbs. (907 kg)/2 mos 13.3
Option 1....................... LEN..................... 3,000 lbs. (1,361 kg)/2 4.0 23.9 0.6 24.5 20
mos.
OAN..................... 1,000 lbs. (454 kg)/2 mos 3.4
LES..................... 3,500 lbs. (1,588 kg)/2 6.5
mos.
OAS..................... 1,500 lbs. (680 kg)/2 mos 10.0
--------------------------------------------------------------------------------------------------------------------------------------------------------
Therefore, the Council recommended, and by modifying tables 2 North
and South and tables 3 North and South, NMFS is implementing a revision
to the LE and OA trip limits for all cumulative periods in 2024 as
shown in table 4 above. The adjustment will provide proactive
adjustment looking to the 2025-2026 biennium.
Longleader (Holloway Gear)--Oregon Recreational Fishery
The longleader gear is used to harvest midwater rockfish seaward of
the 40-fathom regulatory line. Due to low impacts to yelloweye rockfish
and other benthic species, the bag limit for this fishery has been
higher than the nearshore traditional bottomfish bag limit. In 2023,
the bag limit was increased from 10 fish to 15 fish as a way to further
entice anglers to participate in the offshore fishery to alleviate some
of the fishing pressure from the nearshore reefs. For 2024, the GMT
recommended decreasing the Oregon longleader fishery bag limit to 12
fish due to an increase of canary rockfish, a limiting stock,
encountered in the fishery and to be consistent with state regulatory
action which decreased bag limits in state waters. Consequently, the
Council recommended and NMFS is implementing this change in the bag
limit by modifying 50 CFR 660.360(c)(2)(iii)(A).
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, by allowing for fishing in areas where quillback rockfish are
not likely to occur and through trip limit increases for lingcod, this
action is 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 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 on
[[Page 83359]]
January 1, 2024, for the start of the new fishing year.
List of Subjects in 50 CFR Part 660
Fisheries, Fishing, Indian Fisheries.
Dated: November 20, 2023.
Kelly Denit,
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] TR29NO23.000
0
3. Revise table 2 (South) to part 660, subpart E, to read as follows:
[[Page 83360]]
[GRAPHIC] [TIFF OMITTED] TR29NO23.001
0
4. Revise table 3 (North) to part 660, subpart F, to read as follows:
[[Page 83361]]
[GRAPHIC] [TIFF OMITTED] TR29NO23.002
0
5. Revise table 3 (South) to part 660, subpart F, to read as follows:
[[Page 83362]]
[GRAPHIC] [TIFF OMITTED] TR29NO23.003
[[Page 83363]]
[GRAPHIC] [TIFF OMITTED] TR29NO23.004
0
6. Amend Sec. 660.360 by revising paragraph (c)(2)(iii)(A) to read as
follows:
Sec. 660.360 Recreational fishery--management measures.
* * * * *
(c) * * *
(2) * * *
(iii) * * *
(A) Marine fish. The bag limit is 10 marine fish per day, which
includes rockfish, kelp greenling, cabezon, and other groundfish
species; except the daily bag limit in the long-leader gear fishery is
12 fish per day. The bag limit of marine fish excludes Pacific halibut,
salmonids, tuna, perch species, sturgeon, sanddabs, flatfish, lingcod,
striped bass, hybrid bass, offshore pelagic species and baitfish
(herring, smelt, anchovies and sardines). The minimum size for cabezon
retained in the Oregon recreational fishery is 16 in (41 cm) total
length.
* * * * *
[FR Doc. 2023-26018 Filed 11-28-23; 8:45 am]
BILLING CODE 3510-22-C
