Magnuson-Stevens Act Provisions; Fisheries Off West Coast States; Pacific Coast Groundfish Fishery; Pacific Coast Groundfish Fishery Management Plan; 2024 Specifications and Management Measures Corrections, 89313-89319 [2023-28339]

Agencies

• DEPARTMENT OF COMMERCE
• National Oceanic and Atmospheric Administration

[Federal Register Volume 88, Number 247 (Wednesday, December 27, 2023)]
[Rules and Regulations]
[Pages 89313-89319]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-28339]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 660

[Docket No. 231219-0311]
RIN 0648-BM60


Magnuson-Stevens Act Provisions; Fisheries Off West Coast States; 
Pacific Coast Groundfish Fishery; Pacific Coast Groundfish Fishery 
Management Plan; 2024 Specifications and Management Measures 
Corrections

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and 
Atmospheric Administration (NOAA), Commerce.

ACTION: Final rule.

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SUMMARY: This rule corrects 2024 harvest specifications for several 
species of groundfish where the numerical values were mathematically 
calculated incorrectly and do not accurately reflect the harvest policy 
recommendations of the Pacific Fishery Management Council (Council). 
These harvest specifications are for groundfish caught in the U.S. 
exclusive economic zone seaward of Washington, Oregon, and California, 
consistent with the Magnuson-Stevens Fishery Conservation and 
Management Act (Magnuson-Stevens Act) and the Pacific Coast Groundfish 
Fishery Management Plan (PCGFMP). This rule revises harvest limits or 
allocations that were previously calculated based on incorrect annual 
catch limits (ACLs). This action implements corrected numerical values 
that align with the Council's intended harvest policy decisions and 
considers the most recent fishery information available at the time 
those policies were recommended.

DATES: This final rule is effective December 27, 2023.

ADDRESSES: This rule is accessible via the internet at the Office of 
the Federal Register website at https://www.federalregister.gov/. 
Background information and documents including an analysis for the 
policy decisions underpinning this action (Analysis), which addresses 
the statutory requirements of the Magnuson-Stevens Act are available 
from the Council's website at https://www.pcouncil.org. The final 2022 
Stock Assessment and Fishery Evaluation (SAFE) report for Pacific Coast 
groundfish, as well as the SAFE reports for previous years, are 
available from the Council's website at https://www.pcouncil.org. The 
final Environmental Assessment (EA) and Regulatory Impact Review from 
the 2023-2024 harvest specifications is available from the NMFS website 
at https://www.fisheries.noaa.gov/region/west-coast.

FOR FURTHER INFORMATION CONTACT: Gretchen Hanshew, Fishery Management 
Specialist, at 206-526-6147 or [email protected].

SUPPLEMENTARY INFORMATION:

Background

    This final rule corrects the numerical values of harvest 
specifications and resulting harvest target management measures for six 
species or stock complexes for 2024. The harvest policies by which 
these numerical values are derived were recommended by the Council at 
its April and June 2022 meetings and published in a proposed rule on 
October 14, 2022 (87 FR 62676) and final rule on December 16, 2022 (87 
FR 77007). Hereafter, these proposed and final rules for the 2023-2024 
harvest specifications and management measures will be referred to as 
the ``original'' proposed and final rules. In the original proposed and 
final rules, numerical values were miscalculated for a small subset 
(six species or stock complexes) of those harvest specifications and 
harvest target management measures regulations for 127 groundfish 
stocks or management units. Numerical values were either too high 
(increasing risk of overfishing) or too low (increasing risk of not 
achieving optimum yield). Specific details on the errors and corrected 
values for each species or stock complex are discussed in detail in the 
proposed rule for this action (88 FR 73810, October 27, 2023).
    The harvest policies used to calculate the numerical values of the 
corrected harvest specifications and harvest target management measures 
in this rule are not revised from those described in the original 
proposed and final rules for the 2023-2024 harvest specifications and 
management measures. The Council recommended these corrections at its 
September 2023 meeting.

Corrections to Harvest Specifications and Harvest Targets

    As described in the proposed rule (88 FR 73810, October 27, 2023) a 
few species and stock complex harvest specifications, which are 
numerical values of the harvestable surplus and include overfishing 
limits (OFLs), annual biological catch (ABCs), and ACLs, were 
calculated in error. Subsequent harvest target calculations that stem 
from the ACLs were also erroneous. This final rule corrects the 
numerical values of harvest specifications and applies the same sharing 
agreements to corrected ACLs to recalculate harvest targets. The OFLs,

[[Page 89314]]

ABCs, and ACLs in this rule are based on the best available biological 
data, including projected biomass trends, information on assumed 
distribution of stock biomass, and technical methods used to calculate 
stock biomass and apportion that biomass within the allocation 
structure of the PCGFMP. This rule corrects errors in the original 
proposed and final rules for the 2023-2024 harvest specifications and 
management measures, as recommended by the Council at its September 7-
14, 2023 meeting.
    Due to the timing of being made aware of these mistakes, and that 
the 2023 fishing season was more than 75 percent complete by the time 
the Council considered this issue at its September 2023 meeting, we are 
only implementing corrections for 2024. This action includes correctly 
calculated numerical values for 2024 that are representative of the 
Council-recommended harvest control rules and that incorporate fishery 
and other scientific information that was inadvertently omitted. This 
action does not revise static numerical values deducted from the ACLs, 
such as set-asides for tribal fisheries or scientific research, except 
for sablefish north as described in the proposed rule (88 FR 73810, 
October 27, 2023). All other deductions from the ACLs remain the same 
as those described in the original proposed rule.
    The Stock Assessment and Fishery Evaluation (SAFE) document for 
2022, includes a detailed description of the scientific basis for all 
of the Council's Science and Statistical Committee-recommended OFLs 
implemented in this rule, and is available at the Council's website, 
https://www.pcouncil.org.
    For all species described in the proposed rule (88 FR 73810, 
October 27, 2023), revised 2024 OFLs, ABCs, ACLs and fishery harvest 
guidelines are revised at table 2a to subpart C, and in some cases 
other necessary adjustments to numerical harvest target management 
measures in footnotes to that table are also revised. For all species 
described below, except sablefish north, 2024 trawl or non-trawl 
allocations are revised at table 2b to subpart C. Also, for all species 
described in the proposed rule, 2024 shorebased IFQ allocations are 
revised at Sec.  660.140(d)(1)(ii)(D). Any additional species-specific 
regulatory changes are described in the proposed rule (88 FR 73810, 
October 27, 2023).

Summary

    NMFS is correcting the harvest specifications and harvest targets 
for six species and complexes for 2024 as described in the proposed 
rule (88 FR 73810, October 27, 2023) and as summarized in table 1. The 
2024 fishing season begins on January 1, 2024.

                    Table 1--Proposed Revised 2024 OFLs, ABCs, ACLs, and Fishery Harvest Guidelines (HGs) for 6 Species or Complexes
--------------------------------------------------------------------------------------------------------------------------------------------------------
                  Stock/complex                                  Area                    OFL (mt)        ABC (mt)        ACL (mt)       Fishery HG (mt)
--------------------------------------------------------------------------------------------------------------------------------------------------------
YELLOWEYE ROCKFISH..............................  Coastwide.........................            91.2            75.9            53.3                42.6
Canary Rockfish.................................  Coastwide.........................           1,434           1,296           1,296             1,227.4
Darkblotched Rockfish...........................  Coastwide.........................             857             782             782               758.7
Sablefish.......................................  N of 36[deg] N lat................      \1\ 10,670       \1\ 9,923           7,730  Not Applicable \2\
                                                  S of 36[deg] N lat................                                           2,193             2,165.6
Yellowtail Rockfish.............................  N of 40[deg]10' N lat.............           5,795           5,291           5,291             4,263.3
Minor Shelf Rockfish South......................  S of 40[deg]10' N lat.............           1,833           1,464           1,464             1,331.4
--------------------------------------------------------------------------------------------------------------------------------------------------------
Note: Rebuilding stocks are capitalized.
\1\ Values are the same as those in the 2023-2024 original proposed and final rules and are not revised in this final rule.
\2\ Sablefish north of 36[deg] N lat. has a different long-term allocation framework in the PCGFMP than the other species in this rule. Numerical values
  following this framework under the new, lower, proposed ACL are found in table 2c to subpart C.

Comments and Responses

    The proposed rule had a public comment period open from October 27, 
2023 through November 13, 2023 and received no public comments.

Changes From the Proposed Rule

    There are no changes from the proposed rule.

Classification

    Pursuant to section 304 (b)(1)(A) of the Magnuson-Stevens Act, the 
NMFS Assistant Administrator has determined that this final rule is 
consistent with the PCGFMP, other provisions of the Magnuson-Stevens 
Act, and other applicable law.
    The errors were discovered in August 2023 and the recommendations 
from the Council to correct these errors were transmitted to NMFS on 
September 20, 2023. NMFS immediately prepared and published a proposed 
rule with a comment period open from the date of publication on October 
27, 2023 through November 13, 2023, the final rule was submitted to DOC 
OGC for review and clearance on December 12, 2023, and the errors need 
to be corrected by the start of the fishing year on January 1, 2024. 
This timeline necessitates that NMFS waive the 30-day delay in 
effective date of this final rule so that the corrected, calculated 
values can be in effect by the start of the fishing year. Failure to 
implement the revised harvest specifications as soon as possible leaves 
harvest specifications in place that are inconsistent with the best 
scientific information available and the Council's recommended harvest 
policies and would cause unnecessary restrictions to industry.
    Therefore, NMFS finds that waiving the 30-day delay in 
effectiveness is warranted under 5 U.S.C. 553(d)(1) because delaying 
the effective date on these corrective measures beyond January 1, 2024 
to allow for a 30-day delay in effectiveness will restrict fisheries by 
delaying the issuance of some 2024 quota pounds for the subject species 
and stock complexes. If the 2024 quotas calculated and released by NMFS 
based on the corrected 2024 harvest specifications in this rule are 
delayed, shareholders for those quotas effectively receive zero pounds 
for the start of the year and will be unable to begin fishing. Making 
this final rule effective upon publication in the Federal Register 
would relieve restrictions on the amounts of quota pounds that can be 
issued (and potentially fished) at the start of the fishing year. 
Therefore, NMFS finds reason to waive the 30-day delay in effectiveness 
pursuant to 5 U.S.C. 553(d)(1) so that this final rule may become 
effective upon publication in the Federal Register.
    Additionally, a 30-day delay in effectiveness would confuse the 
industry as to what quota pounds NMFS will issue to holders of quota 
share for

[[Page 89315]]

2024. This could negatively impact vessels because they could end up 
planning fishing operations under two different quota pound scenarios 
for 2024. Failure to implement the revised harvest specifications by 
the start of the fishing year on January 1, 2024 will keep harvest 
specifications in place that were not calculated to be consistent with 
harvest policies adopted by the Council and NMFS, and will cause 
confusion for the regulated public. This outcome runs contrary to the 
public interest.
    Pursuant to Executive Order 13175, this final rule was developed 
after meaningful consultation and collaboration with tribal officials 
from the area covered by the PCGFMP. Under the Magnuson-Stevens Act at 
16 U.S.C. 1852(b)(5), one of the voting members of the Pacific Council 
must be a representative of an Indian tribe with federally recognized 
fishing rights from the area of the Council's jurisdiction. This rule 
revises the numerical values of the sablefish north ACL to correctly 
apply the harvest control rules recommended by the Council. As a 
result, the regulations that implement the long-term allocation and 
sharing agreements for sablefish north in the PCGFMP, including the 
numerical calculation of the 10 percent tribal share, must be 
recalculated and revised in this rule. No other tribal management 
measures are revised in this rule. The regulations at 50 CFR 660.50 
direct NMFS to develop tribal allocations and regulations in 
consultation with the affected tribes. In this instance, no change to 
harvest policies was proposed, and therefore additional tribal 
consultation was not required and none was conducted.
    This rule has been determined to be not significant for purposes of 
Executive Order 12866.
    NMFS prepared documentation for the original proposed and final 
rules, which address the statutory requirements of the Magnuson-Stevens 
Act, Executive Order 12866, and the Regulatory Flexibility Act. The 
full suite of alternatives analyzed by the Council can be found on the 
Council's website at https://www.pcouncil.org. NMFS addressed the 
statutory requirements of the National Environmental Policy Act through 
preparation of an environmental impact statement (EIS). NMFS prepared 
an EIS for the 2015-2016 biennial harvest specifications and management 
measures and is available from NMFS (see ADDRESSES) and tiered 
environmental analyses (EA) every biennium since then. This EIS and 
subsequent EAs examined the harvest specifications and management 
measures for 2015-2016 and 10-year projections for routinely adjusted 
harvest specifications and management measures. The 10-year projections 
evaluated the impacts of the ongoing implementation of harvest 
specifications and management measures and to evaluate the impacts of 
the routine adjustments that are the main component of each biennial 
cycle. This final rule corrects the numerical values that result from 
the application of best scientific information available and default 
harvest control rules analyzed in that EIS. There are no environmental 
effects expected from this rule beyond those evaluated in the EIS and 
the Environmental Assessment for the 2023-2024 harvest specifications 
and management measures. The harvest levels for all six species or 
complexes have not been fully attained in recent years, so minor 
adjustments to the ACLs implemented in this rule are likely to result 
in no discernable difference to the fishery or communities.
    The Chief Counsel for Regulation of the Department of Commerce 
certified to the Chief Counsel for Advocacy of the Small Business 
Administration that the 2023-2024 harvest specifications and management 
measures in the original proposed and final rules would not have a 
significant economic impact on a substantial number of small entities. 
The Chief Counsel for Regulation of the Department of Commerce 
certified to the Chief Counsel for Advocacy of the Small Business 
Administration that the proposed rule, if adopted, would not have a 
significant economic impact on a substantial number of small entities. 
This final rule implements the proposed rule unchanged, making minor, 
corrective adjustments to harvest specifications and related 
allocations and harvest targets that are unlikely to make any 
appreciable difference to the expected harvests in this mixed-stock 
fishery because the six species and complexes with corrected numerical 
values are not constraining access to co-occurring species. This action 
affects only a small number of species, and in a mixed stock fishery 
the affected entities for these few species cannot be differentiated 
from those described in the original proposed rule. The same small 
entities identified in the original proposed rule are the same parties 
that would be subject to the minor regulatory corrections in this rule. 
Additional information about the affected entities and expected 
impacts, in the context of the entire fishery and all species, can be 
found in the original proposed rule (87 FR 62676, October, 14, 2022). 
No environmental or socioeconomic impacts are expected from the changes 
in this rule, nor does the action diverge from the harvest policies 
considered in that certification. The corrections in this final rule do 
not change the overall framework and management measures from the 
original proposed and final rules and would affect large and small 
entities similarly. As a result, an initial regulatory flexibility 
analysis is not required and none has been prepared.
    This rule contains no new information collection burden under the 
Paperwork Reduction Act of 1995.

List of Subjects in 50 CFR Part 660

    Fisheries, Fishing, Reporting and recordkeeping requirements.

    Dated: December 19, 2023.
Samuel D. Rauch, III,
Deputy Assistant Administrator for Regulatory Programs, National Marine 
Fisheries Service.

    For the reasons set out in the preamble, NOAA amends 50 CFR part 
660 as follows:

PART 660--FISHERIES OFF WEST COAST STATES

0
1. The authority citation for part 660 continues to read as follows:

    Authority: 16 U.S.C. 1801 et seq., 16 U.S.C. 773 et seq., and 16 
U.S.C. 7001 et seq.


0
2. In Sec.  660.50, revise paragraph (f)(2)(ii) to read as follows:


Sec.  660.50  Pacific Coast treaty Indian fisheries.

* * * * *
    (f) * * *
    (2) * * *
    (ii) The Tribal allocation is 849 mt in 2023 and 773 mt in 2024 per 
year. This allocation is, for each year, 10 percent of the Monterey 
through Vancouver area (North of 36[deg] N lat.) ACL. The Tribal 
allocation is reduced by 1.7 percent for estimated discard mortality.
* * * * *

0
3. Revise tables 2a, 2b, and 2c to subpart C to read as follows:

Table 2a. to Part 660, Subpart C--2024, and Beyond, Specifications of 
OFL, ABC, ACL, ACT and Fishery Harvest Guidelines

[[Page 89316]]



  Table 2a. to Part 660, Subpart C--2024, and Beyond, Specifications of OFL, ABC, ACL, ACT and Fishery Harvest
                                                   Guidelines
                         [(Weights in metric tons). Capitalized stocks are overfished.]
----------------------------------------------------------------------------------------------------------------
            Stocks                    Area              OFL             ABC           ACL \a\     Fishery HG \b\
----------------------------------------------------------------------------------------------------------------
YELLOWEYE ROCKFISH \c\........  Coastwide.......              91              76            53.3            42.6
Arrowtooth Flounder \d\.......  Coastwide.......          20,459          14,178          14,178          12,083
Big Skate \e\.................  Coastwide.......           1,492           1,267           1,267         1,207.2
Black Rockfish \f\............  California (S of             364             329             329           326.6
                                 42[deg] N lat.).
Black Rockfish \g\............  Washington (N of             319             289             289           270.5
                                 46[deg]16' N
                                 lat.).
Bocaccio \h\..................  S of 40[deg]10'            2,002           1,828           1,828         1,779.9
                                 N lat.
Cabezon \i\...................  California (S of             185             171             171           169.4
                                 42[deg] N lat.).
California Scorpionfish \j\...  S of 34[deg]27'              280             252             252             248
                                 N lat.
Canary Rockfish \k\...........  Coastwide.......           1,434           1,296           1,296         1,227.4
Chilipepper \l\...............  S of 40[deg]10'            2,346           2,121           2,121         2,023.4
                                 N lat.
Cowcod \m\....................  S of 40[deg]10'              112              79              79            67.8
                                 N lat.
    Cowcod....................  (Conception)....              93              67              NA              NA
    Cowcod....................  (Monterey)......              19              12              NA              NA
Darkblotched Rockfish \n\.....  Coastwide.......             857             782             782           758.7
Dover Sole \o\................  Coastwide.......          55,859          51,949          50,000        48,402.9
English Sole \p\..............  Coastwide.......          11,158           8,960           8,960         8,700.5
Lingcod \q\...................  N of 40[deg]10'            4,455           3,854           3,854         3,574.4
                                 N lat.
Lingcod \r\...................  S of 40[deg]10'              855             740             722           706.5
                                 N lat.
Longnose Skate \s\............  Coastwide.......           1,955           1,660           1,660         1,408.7
Longspine Thornyhead \t\......  N of 34[deg]27'            4,433           2,846           2,162         2,108.3
                                 N lat.
Longspine Thornyhead \u\......  S of 34[deg]27'                                              683           680.8
                                 N lat.
Pacific Cod \v\...............  Coastwide.......           3,200           1,926           1,600           1,094
Pacific Ocean Perch \w\.......  N of 40[deg]10'            4,133           3,443           3,443         3,297.5
                                 N lat.
Pacific Whiting \x\...........  Coastwide.......             (x)             (x)             (x)             (x)
Petrale Sole \y\..............  Coastwide.......           3,563           3,285           3,285         2,898.8
Sablefish \z\.................  N of 36[deg] N            10,670           9,923           7,730    See table 2c
                                 lat.
Sablefish \aa\................  S of 36[deg] N                                             2,193         2,165.6
                                 lat.
Shortspine Thornyhead \bb\....  N of 34[deg]27'            3,162           2,030           1,328         1,249.7
                                 N lat.
Shortspine Thornyhead \cc\....  S of 34[deg]27'                                              702           695.3
                                 N lat.
Spiny Dogfish \dd\............  Coastwide.......           1,883           1,407           1,407         1,055.5
Splitnose \ee\................  S of 40[deg]10'            1,766           1,553           1,553         1,534.3
                                 N lat.
Starry Flounder \ff\..........  Coastwide.......             652             392             392           343.7
Widow Rockfish \gg\...........  Coastwide.......          12,453          11,482          11,482        11,243.7
Yellowtail Rockfish \hh\......  N of 40[deg]10'            5,795           5,291           5,291         4,263.3
                                 N lat.
----------------------------------------------------------------------------------------------------------------
                                                 Stock Complexes
----------------------------------------------------------------------------------------------------------------
Blue/Deacon/Black Rockfish      Oregon..........             671             594             594           592.2
 \ii\.
Cabezon/Kelp Greenling \jj\...  Washington......              22              17              17              15
Cabezon/Kelp Greenling \kk\...  Oregon..........             198             180             180           179.2
Nearshore Rockfish North \ll\.  N of 40[deg]10'              109              91              91            87.7
                                 N lat.
Nearshore Rockfish South \mm\.  S of 40[deg]10'            1,097             902             891           886.5
                                 N lat.
Other Fish \nn\...............  Coastwide.......             286             223             223           201.8
Other Flatfish \oo\...........  Coastwide.......           7,946           4,874           4,874         4,653.2
Shelf Rockfish North \pp\.....  N of 40[deg]10'            1,610           1,278           1,278           1,207
                                 N lat.
Shelf Rockfish South \qq\.....  S of 40[deg]10'            1,833           1,464           1,464         1,331.4
                                 N lat.
Slope Rockfish North \rr\.....  N of 40[deg]10'            1,797           1,516           1,516         1,450.6
                                 N lat.
Slope Rockfish South \ss\.....  S of 40[deg]10'              868             697             697           658.1
                                 N lat.
----------------------------------------------------------------------------------------------------------------
\a\ Annual catch limits (ACLs), annual catch targets (ACTs) and harvest guidelines (HGs) are specified as total
  catch values.
\b\ Fishery HGs means the HG or quota after subtracting Pacific Coast treaty Indian tribes allocations and
  projected catch, projected research catch, deductions for fishing mortality in non-groundfish fisheries, and
  deductions for EFPs from the ACL or ACT.
\c\ Yelloweye rockfish. The 53.3 mt ACL is based on the current rebuilding plan with a target year to rebuild of
  2029 and an SPR harvest rate of 65 percent. 10.7 mt is deducted from the ACL to accommodate the Tribal fishery
  (5 mt), EFP fishing (0.12 mt), research catch (2.92 mt), and incidental open access mortality (2.66 mt)
  resulting in a fishery HG of 42.6 mt. The non-trawl HG is 39.2 mt. The combined non-nearshore/nearshore HG is
  8.2 mt. Recreational HGs are: 10 mt (Washington); 9.1 mt (Oregon); and 11.8 mt (California). In addition, the
  non-trawl ACT is 30.7, and the combined non-nearshore/nearshore ACT is 6.4 mt. Recreational ACTs are: 7.9 mt
  (Washington), 7.2 (Oregon), and 9.3 mt (California).
\d\ Arrowtooth flounder. 2,094.98 mt is deducted from the ACL to accommodate the Tribal fishery (2,041 mt),
  research catch (12.98 mt) and incidental open access mortality (41 mt), resulting in a fishery HG of 12,083
  mt.
\e\ Big skate. 59.8 mt is deducted from the ACL to accommodate the Tribal fishery (15 mt), research catch (5.49
  mt), and incidental open access mortality (39.31 mt), resulting in a fishery HG of 1,207.2 mt.
\f\ Black rockfish (California). 2.26 mt is deducted from the ACL to accommodate EFP fishing (1.0 mt), research
  catch (0.08 mt), and incidental open access mortality (1.18 mt), resulting in a fishery HG of 326.6 mt.
\g\ Black rockfish (Washington). 18.1 mt is deducted from the ACL to accommodate the Tribal fishery (18 mt) and
  research catch (0.1 mt), resulting in a fishery HG of 270.5 mt.
\h\ Bocaccio south of 40[deg]10' N lat. Bocaccio are managed with stock-specific harvest specifications south of
  40[deg]10' N lat. and within the Minor Shelf Rockfish complex north of 40[deg]10' N lat. 48.12 mt is deducted
  from the ACL to accommodate EFP fishing (40 mt), research catch (5.6 mt), and incidental open access mortality
  (2.52 mt), resulting in a fishery HG of 1,779.9 mt. The California recreational fishery south of 40[deg]10' N
  lat. has an HG of 749.7 mt.
\i\ Cabezon (California). 1.63 mt is deducted from the ACL to accommodate EFP fishing (1 mt), research catch
  (0.02 mt), and incidental open access mortality (0.61 mt), resulting in a fishery HG of 169.4 mt.
\j\ California scorpionfish south of 34[deg]27' N lat. 3.89 mt is deducted from the ACL to accommodate research
  catch (0.18 mt) and incidental open access mortality (3.71 mt), resulting in a fishery HG of 248 mt.

[[Page 89317]]

 
\k\ Canary rockfish. 68.91 mt is deducted from the ACL to accommodate the Tribal fishery (50 mt), EFP fishing (6
  mt), research catch (10.08 mt), and incidental open access mortality (2.83 mt), resulting in a fishery HG of
  1,227.4 mt. The combined nearshore/non-nearshore HG is 122.4 mt. Recreational HGs are: 41.8 mt (Washington);
  62.9 mt (Oregon); and 112.9 mt (California).
\l\ Chilipepper rockfish south of 40[deg]10' N lat. Chilipepper are managed with stock-specific harvest
  specifications south of 40[deg]10' N lat. and within the Minor Shelf Rockfish complex north of 40[deg]10' N
  lat. 97.7 mt is deducted from the ACL to accommodate EFP fishing (70 mt), research catch (14.04 mt),
  incidental open access mortality (13.66 mt), resulting in a fishery HG of 2,023.4 mt.
\m\ Cowcod south of 40[deg]10' N lat. Cowcod are managed with stock-specific harvest specifications south of
  40[deg]10' N lat. and within the Minor Shelf Rockfish complex north of 40[deg]10' N lat. 11.17 mt is deducted
  from the ACL to accommodate EFP fishing (1 mt), research catch (10 mt), and incidental open access mortality
  (0.17 mt), resulting in a fishery HG of 67.8 mt.
\n\ Darkblotched rockfish. 23.76 mt is deducted from the ACL to accommodate the Tribal fishery (5 mt), EFP
  fishing (0.5 mt), research catch (8.46 mt), and incidental open access mortality (9.8 mt) resulting in a
  fishery HG of 758.7 mt.
\o\ Dover sole. 1,597.11 mt is deducted from the ACL to accommodate the Tribal fishery (1,497 mt), research
  catch (50.84 mt), and incidental open access mortality (49.27 mt), resulting in a fishery HG of 48,402.9 mt.
\p\ English sole. 259.52 mt is deducted from the ACL to accommodate the Tribal fishery (200 mt), research catch
  (17 mt), and incidental open access mortality (42.52 mt), resulting in a fishery HG of 8,700.5 mt.
\q\ Lingcod north of 40[deg]10' N lat. 279.63 mt is deducted from the ACL for the Tribal fishery (250 mt),
  research catch (17.71 mt), and incidental open access mortality (11.92 mt) resulting in a fishery HG of
  3,574.4 mt.
\r\ Lingcod south of 40[deg]10' N lat. 15.5 mt is deducted from the ACL to accommodate EFP fishing (4 mt),
  research catch (3.19 mt), and incidental open access mortality (8.31 mt), resulting in a fishery HG of 706.5
  mt.
\s\ Longnose skate. 251.3 mt is deducted from the ACL to accommodate the Tribal fishery (220 mt), and research
  catch (12.46 mt), and incidental open access mortality (18.84 mt), resulting in a fishery HG of 1,408.7 mt.
\t\ Longspine thornyhead north of 34[deg]27' N lat. 53.71 mt is deducted from the ACL to accommodate the Tribal
  fishery (30 mt), research catch (17.49 mt), and incidental open access mortality (6.22 mt), resulting in a
  fishery HG of 2,108.3 mt.
\u\ Longspine thornyhead south of 34[deg]27' N. lat. 2.24 mt is deducted from the ACL to accommodate research
  catch (1.41 mt) and incidental open access mortality (0.83 mt), resulting in a fishery HG of 680.8 mt.
\v\ Pacific cod. 506 mt is deducted from the ACL to accommodate the Tribal fishery (500 mt), research catch
  (5.47 mt), and incidental open access mortality (0.53 mt), resulting in a fishery HG of 1,094 mt.
\w\ Pacific ocean perch north of 40[deg]10' N lat. Pacific ocean perch are managed with stock-specific harvest
  specifications north of 40[deg]10' N. lat. and within the Minor Slope Rockfish complex south of 40[deg]10' N
  lat. 145.48 mt is deducted from the ACL to accommodate the Tribal fishery (130 mt), EFP fishing, research
  catch (5.39 mt), and incidental open access mortality (10.09 mt), resulting in a fishery HG of 3,297.5 mt.
\x\ Pacific whiting. Pacific whiting are assessed annually. The final specifications will be determined
  consistent with the U.S.-Canada Pacific Whiting Agreement and will be announced in 2024.
\y\ Petrale sole. 386.24 mt is deducted from the ACL to accommodate the Tribal fishery (350 mt), EFP fishing (1
  mt), research catch (24.14 mt), and incidental open access mortality (11.1 mt), resulting in a fishery HG of
  2,898.8 mt.
\z\ Sablefish north of 36[deg] N lat. The sablefish coastwide ACL value is not specified in regulations. The
  sablefish coastwide ACL value is apportioned north and south of 36[deg] N lat., using the rolling 5-year
  average estimated swept area biomass from the NMFS NWFSC trawl survey, with 77.9 percent apportioned north of
  36[deg] N lat. and 22.1 percent apportioned south of 36[deg] N lat. The northern ACL is 7,730 mt and is
  reduced by 773 mt for the Tribal allocation (10 percent of the ACL north of 36[deg] N lat.). The 773 mt Tribal
  allocation is reduced by 1.7 percent to account for discard mortality. Detailed sablefish allocations are
  shown in table 1c.
\aa\ Sablefish south of 36[deg] N lat. The ACL for the area south of 36[deg] N lat. is 2,193 mt (22.1 percent of
  the calculated coastwide ACL value). 27.4 mt is deducted from the ACL to accommodate research catch (2.40 mt)
  and the incidental open access fishery (25 mt), resulting in a fishery HG of 2,165.6 mt.
\bb\ Shortspine thornyhead north of 34[deg]27' N lat. 78.3 mt is deducted from the ACL to accommodate the Tribal
  fishery (50 mt), research catch (10.48 mt), and incidental open access mortality (17.82 mt), resulting in a
  fishery HG of 1,249.7 mt for the area north of 34[deg]27' N lat.
\cc\ Shortspine thornyhead south of 34[deg]27' N lat. 6.71 mt is deducted from the ACL to accommodate research
  catch (0.71 mt) and incidental open access mortality (6 mt), resulting in a fishery HG of 695.3 mt for the
  area south of 34[deg]27' N lat.
\dd\ Spiny dogfish. 351.48 mt is deducted from the ACL to accommodate the Tribal fishery (275 mt), EFP fishing
  (1 mt), research catch (41.85 mt), and incidental open access mortality (33.63 mt), resulting in a fishery HG
  of 1,055.5 mt.
\ee\ Splitnose rockfish south of 40[deg]10' N lat. Splitnose rockfish in the north is managed in the Slope
  Rockfish complex and with stock-specific harvest specifications south of 40[deg]10' N lat. 18.42 mt is
  deducted from the ACL to accommodate EFP fishing (1.5 mt), research catch (11.17 mt), and incidental open
  access mortality (5.75 mt), resulting in a fishery HG of 1,534.3 mt.
\ff\ Starry flounder. 48.28 mt is deducted from the ACL to accommodate the Tribal fishery (2 mt), research catch
  (0.57 mt), and incidental open access mortality (45.71 mt), resulting in a fishery HG of 343.7 mt.
\gg\ Widow rockfish. 238.32 mt is deducted from the ACL to accommodate the Tribal fishery (200 mt), EFP fishing
  (18 mt), research catch (17.27 mt), and incidental open access mortality (3.05 mt), resulting in a fishery HG
  of 11,243.7 mt.
\hh\ Yellowtail rockfish north of 40[deg]10' N lat. Yellowtail rockfish are managed with stock-specific harvest
  specifications north of 40[deg]10' N lat. and within the Minor Shelf Rockfish complex south of 40[deg]10' N
  lat. 1,027.55 mt is deducted from the ACL to accommodate the Tribal fishery (1,000 mt), research catch (20.55
  mt), and incidental open access mortality (7 mt), resulting in a fishery HG of 4,263.3 mt.
\jj\ Black rockfish/Blue rockfish/Deacon rockfish (Oregon). 1.82 mt is deducted from the ACL to accommodate
  research catch (0.08 mt), and incidental open access mortality (1.74 mt), resulting in a fishery HG of 592.2
  mt.
\jj\ Cabezon/kelp greenling (Washington). 2 mt is deducted from the ACL to accommodate the Tribal fishery,
  resulting in a fishery HG is 15 mt.
\kk\ Cabezon/kelp greenling (Oregon). 0.79 mt is deducted from the ACL to accommodate research catch (0.05 mt)
  and incidental open access mortality (0.74 mt), resulting in a fishery HG of 179.2 mt.
\ll\ Nearshore Rockfish north of 40[deg]10' N lat. 3.27 mt is deducted from the ACL to accommodate the Tribal
  fishery (1.5 mt), research catch (0.47 mt), and incidental open access mortality (1.31 mt), resulting in a
  fishery HG of 87.7 mt. State-specific HGs are 17.2 mt (Washington), 30.9 mt (Oregon), and 39.9 mt
  (California). The ACT for copper rockfish (California) is 6.99 mt. The ACT for quillback rockfish (California)
  is 0.96 mt.
\mm\ Nearshore Rockfish south of 40[deg]10' N lat. 4.54 mt is deducted from the ACL to accommodate research
  catch (2.68 mt) and incidental open access mortality (1.86 mt), resulting in a fishery HG of 886.5 mt. The ACT
  for copper rockfish is 87.73 mt. The ACT for quillback rockfish is 0.97 mt.
\nn\ Other Fish. The Other Fish complex is comprised of kelp greenling off California and leopard shark
  coastwide. 21.24 mt is deducted from the ACL to accommodate research catch (6.29 mt) and incidental open
  access mortality (14.95 mt), resulting in a fishery HG of 201.8 mt.
\oo\ Other Flatfish. The Other Flatfish complex is comprised of flatfish species managed in the PCGFMP that are
  not managed with stock-specific OFLs/ABCs/ACLs. Most of the species in the Other Flatfish complex are
  unassessed and include: butter sole, curlfin sole, flathead sole, Pacific sanddab, rock sole, sand sole, and
  rex sole. 220.79 mt is deducted from the ACL to accommodate the Tribal fishery (60 mt), research catch (23.63
  mt), and incidental open access mortality (137.16 mt), resulting in a fishery HG of 4,653.2 mt.
\pp\ Shelf Rockfish north of 40[deg]10' N lat. 70.94 mt is deducted from the ACL to accommodate the Tribal
  fishery (30 mt), research catch (15.32 mt), and incidental open access mortality (25.62 mt), resulting in a
  fishery HG of 1,207.1 mt.
\qq\ Shelf Rockfish south of 40[deg]10' N lat. 132.77 mt is deducted from the ACL to accommodate EFP fishing (50
  mt), research catch (15.1 mt), and incidental open access mortality (67.67 mt) resulting in a fishery HG of
  1,331.4 mt.
\rr\ Slope Rockfish north of 40[deg]10' N lat. 65.39 mt is deducted from the ACL to accommodate the Tribal
  fishery (36 mt), research catch (10.51 mt), and incidental open access mortality (18.88 mt), resulting in a
  fishery HG of 1,450.6 mt.
\ss\ Slope Rockfish south of 40[deg]10' N lat. 38.94 mt is deducted from the ACL to accommodate EFP fishing (1
  mt), research catch (18.21 mt), and incidental open access mortality (19.73 mt), resulting in a fishery HG of
  658.1 mt. Blackgill rockfish has a stock-specific HG for the entire groundfish fishery south of 40[deg]10' N
  lat. set equal to the species' contribution to the 40-10-adjusted ACL. Harvest of blackgill rockfish in all
  groundfish fisheries south of 40[deg]10' N lat. counts against this HG of 169.9 mt.


[[Page 89318]]

Table 2b to Part 660, Subpart C--2024, and Beyond, Allocations by 
Species or Species Group

           Table 2b. to Part 660, Subpart C--2024, and Beyond, Allocations by Species or Species Group
                                             [Weight in metric tons]
----------------------------------------------------------------------------------------------------------------
                                                                        Trawl                   Non-Trawl
    Stocks/stock complexes           Area         Fishery HG ---------------------------------------------------
                                                    or ACT         %            Mt           %            Mt
----------------------------------------------------------------------------------------------------------------
YELLOWEYE ROCKFISH \a\.......  Coastwide.......         42.6            8         3.41           92         39.2
Arrowtooth flounder..........  Coastwide.......       12,083           95     11,478.9            5        604.2
Big skate \a\................  Coastwide.......      1,207.2           95      1,146.8            5         60.4
Bocaccio \a\.................  S of 40[deg]10'       1,779.9        39.04        694.9        60.96        1,085
                                N lat.
Canary rockfish \a\..........  Coastwide.......      1,227.4         72.3        887.4         27.7          340
Chilipepper rockfish.........  S of 40[deg]10'       2,023.4           75      1,517.6           25        505.9
                                N lat.
Cowcod a b...................  S of 40[deg]10'          67.8           36         24.4           64         43.4
                                N lat.
Darkblotched rockfish........  Coastwide.......        758.7           95        720.8            5         37.9
Dover sole...................  Coastwide.......     4,8402.9           95     45,982.7            5      2,420.1
English sole.................  Coastwide.......      8,700.5           95       8265.5            5          435
Lingcod......................  N of 40[deg]10'       3,574.4           45      1,608.5           55      1,965.9
                                N lat.
Lingcod \a\..................  S of 40[deg]10'         706.5           40        282.6           60        423.9
                                N lat.
Longnose skate \a\...........  Coastwide.......      1,408.7           90      1,267.8           10        140.9
Longspine thornyhead.........  N of 34[deg]27'       2,108.3           95      2,002.9            5        105.4
                                N lat.
Pacific cod..................  Coastwide.......        1,094           95      1,039.3            5         54.7
Pacific ocean perch..........  N of 40[deg]10'       3,297.5           95      3,132.6            5        164.9
                                N lat.
Pacific whiting \c\..........  Coastwide.......          TBD          100          TBD            0            0
Petrale sole \a\.............  Coastwide.......       2898.8  ...........      2,868.8  ...........           30
                                                             ---------------------------------------------------
Sablefish....................  N of 36[deg] N             NA                     See table 2c
                                lat.
                                                             ---------------------------------------------------
Sablefish....................  S of 36[deg] N        2,165.6           42        909.6           58      1,256.0
                                lat.
Shortspine thornyhead........  N of 34[deg]27'       1,249.7           95      1,187.2            5         62.5
                                N lat.
Shortspine thornyhead........  S of 34[deg]27'         695.3  ...........           50  ...........        645.3
                                N lat.
Splitnose rockfish...........  S of 40[deg]10'       1,534.3           95      1,457.6            5         76.7
                                N lat.
Starry flounder..............  Coastwide.......        343.7           50        171.9           50        171.9
Widow rockfish \a\...........  Coastwide.......     11,243.7  ...........     10,843.7  ...........          400
Yellowtail rockfish..........  N of 40[deg]10'       4,263.3           88      3,751.7           12        511.6
                                N lat.
Other Flatfish...............  Coastwide.......      4,653.2           90      4,187.9           10        465.3
Shelf Rockfish \a\...........  N of 40[deg]10'       1,207.1         60.2        726.7         39.8        480.4
                                N lat.
Shelf Rockfish \a\...........  S of 40[deg]10'       1,331.4         12.2       162.43         87.8      1,169.0
                                N lat.
Slope Rockfish...............  N of 40[deg]10'       1,450.6           81      1,175.0           19        275.6
                                N lat.
Slope Rockfish \a\...........  S of 40[deg]10'         658.1           63        414.6           37        243.5
                                N lat.
----------------------------------------------------------------------------------------------------------------
\a\ Allocations decided through the biennial specification process.
\b\ The cowcod non-trawl allocation is further split 50:50 between the commercial and recreational sectors. This
  results in a sector-specific ACT of 21.7 mt for the commercial sector and 21.7 mt for the recreational sector.
\c\ Consistent with regulations at Sec.   660.55(i)(2), the commercial harvest guideline for Pacific whiting is
  allocated as follows: 34 percent for the C/P Coop Program; 24 percent for the MS Coop Program; and 42 percent
  for the Shorebased IFQ Program. No more than 5 percent of the Shorebased IFQ Program allocation may be taken
  and retained south of 42[deg] N lat. before the start of the primary Pacific whiting season north of 42[deg] N
  lat.

Table 2c to Part 660, Subpart C--Sablefish North of 36[deg] N Lat. 
Allocations, 2024 and Beyond

                                                Table 2c. to Part 660, Subpart C--Sablefish North of 36[deg] N Lat. Allocations, 2024 and Beyond
                                                                                    [Weights in metric tons]
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                               Set-asides                                        Commercial       Limited entry HG           Open access HG
                                                                    ------------------------------- Recreational    Exempted       harvest   ---------------------------------------------------
                         Year                               ACL                                       estimate       fishing      guideline
                                                                      Tribal \a\       Research                      permit         (HG)        Percent         mt        Percent       m \b\
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
2024.................................................        7,730           773             30.7             6             1         6,919         90.6        6,269          9.4          650
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
                         Year                             LE all                    Limited entry (LE) trawl \c\
                                                                                LE fixed gear (FG) \d\
                                                                    ----------------------------------------------------------------------------------------------------------------------------
                                                                       All trawl   At-sea whiting         Shorebased IFQ             All FG            Primary
                                                            Daily trip limit
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
2024.................................................        6,269         3,636              100         3,536         2,633             2,238
                                                                   395
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
\a\ The tribal allocation is further reduced by 1.7 percent for discard mortality resulting in 759.9 mt in 2024.
\b\ The open access HG is taken by the incidental OA fishery and the directed OA fishery.
\c\ The trawl allocation is 58 percent of the limited entry HG.
\d\ The limited entry fixed gear allocation is 42 percent of the limited entry HG.


[[Page 89319]]


0
4. In Sec.  660.140, revise table 1 to paragraph (d)(1)(ii)(D) to read 
as follows:


Sec.  660.140  Shorebased IFQ Program.

* * * * *
    (d) * * *
    (1) * * *
    (ii) * * *
    (D) * * *

               Table 1 to Paragraph (d)(1)(ii)(D)--Shorebased Trawl Allocations for 2023 and 2024
----------------------------------------------------------------------------------------------------------------
                                                                            2023 Shorebased     2024 Shorebased
                IFQ species                             Area               trawl allocation    trawl allocation
                                                                                 (mt)                (mt)
----------------------------------------------------------------------------------------------------------------
YELLOWEYE ROCKFISH........................  Coastwide...................                4.42                3.41
Arrowtooth flounder.......................  Coastwide...................           15,640.17           11,408.87
Bocaccio..................................  S of 40[deg]10' N lat.......              700.33              694.87
Canary rockfish...........................  Coastwide...................              842.50              851.42
Chilipepper...............................  S of 40[deg]10' N lat.......            1,563.80             1517.60
Cowcod....................................  S of 40[deg]10' N lat.......               24.80               24.42
Darkblotched rockfish.....................  Coastwide...................              646.78              644.34
Dover sole................................  Coastwide...................           45,972.75           45,972.75
English sole..............................  Coastwide...................            8,320.56            8,265.46
Lingcod...................................  N of 40[deg]10' N lat.......            1,829.27            1,593.47
Lingcod...................................  S of 40[deg]10' N lat.......              284.20              282.60
Longspine thornyhead......................  N of 34[deg]27' N lat.......            2,129.23            2,002.88
Pacific cod...............................  Coastwide...................            1,039.30            1,039.30
Pacific halibut (IBQ) \a\.................  N of 40[deg]10' N lat.......                 TBD                 TBD
Pacific ocean perch.......................  N of 40[deg]10' N lat.......            2,956.14            2,832.64
Pacific whiting \b\.......................  Coastwide...................          159,681.38                 TBD
Petrale sole..............................  Coastwide...................            3,063.76            2,863.76
Sablefish.................................  N of 36[deg] N lat..........            3,893.50            3,535.91
Sablefish.................................  S of 36[deg] N lat..........              970.00              909.55
Shortspine thornyhead.....................  N of 34[deg]27' N lat.......            1,146.67            1,117.22
Shortspine thornyhead.....................  S of 34[deg]27' N lat.......                  50                  50
Splitnose rockfish........................  S of 40[deg]10' N lat.......            1,494.70            1,457.60
Starry flounder...........................  Coastwide...................              171.86              171.86
Widow rockfish............................  Coastwide...................           11,509.68           10,367.68
Yellowtail rockfish.......................  N of 40[deg]10' N lat.......            3,761.84            3,431.69
Other Flatfish complex....................  Coastwide...................            4,142.09            4,152.89
Shelf Rockfish complex....................  N of 40[deg]10' N lat.......              694.70              691.65
Shelf Rockfish complex....................  S of 40[deg]10' N lat.......              163.02              162.43
Slope Rockfish complex....................  N of 40[deg]10' N lat.......              894.43              874.99
Slope Rockfish complex....................  S of 40[deg]10' N lat.......               417.1              414.58
----------------------------------------------------------------------------------------------------------------
\a\ Pacific halibut IBQ is set according to 50 CFR 660.55(m).
\b\ Managed through an international process. This allocation will be updated when announced.

* * * * *

0
5. In Sec.  660.231, revise paragraph (b)(3)(i) to read as follows:


Sec.  660.231  Limited entry fixed gear sablefish primary fishery.

* * * * *
    (b) * * *
    (3) * * *
    (i) A vessel participating in the primary season will be 
constrained by the sablefish cumulative limit associated with each of 
the permits registered for use with that vessel. During the primary 
season, each vessel authorized to fish in that season under paragraph 
(a) of this section may take, retain, possess, and land sablefish, up 
to the cumulative limits for each of the permits registered for use 
with that vessel (i.e., stacked permits). If multiple limited entry 
permits with sablefish endorsements are registered for use with a 
single vessel, that vessel may land up to the total of all cumulative 
limits announced in this paragraph for the tiers for those permits, 
except as limited by paragraph (b)(3)(ii) of this section. Up to 3 
permits may be registered for use with a single vessel during the 
primary season; thus, a single vessel may not take and retain, possess 
or land more than 3 primary season sablefish cumulative limits in any 
one year. A vessel registered for use with multiple limited entry 
permits is subject to per vessel limits for species other than 
sablefish, and to per vessel limits when participating in the daily 
trip limit fishery for sablefish under Sec.  660.232. In 2023, the 
following annual limits are in effect: Tier 1 at 72,904 lb (33,069 kg), 
Tier 2 at 33,138 lb (15,031 kg), and Tier 3 at 18,936 lb (8,589 kg). In 
2024 and beyond, the following annual limits are in effect: Tier 1 at 
66,377lb (30,108 kg), Tier 2 at 30,171 lb (13,685 kg), and Tier 3 at 
17,241lb (7,820 kg).
* * * * *
[FR Doc. 2023-28339 Filed 12-26-23; 8:45 am]
BILLING CODE 3510-22-P