Magnuson-Stevens Act Provisions; Fisheries Off West Coast States; Pacific Coast Groundfish Fishery; Pacific Coast Groundfish Fishery Management Plan; Amendment 33; 2025-26 Biennial Specifications and Management Measures, 70406-70448 [2024-17651]
Download as PDF
70406
Federal Register / Vol. 89, No. 168 / Thursday, August 29, 2024 / Proposed Rules
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 660
[Docket No. 240802–0211]
RIN 0648–BN08
Magnuson-Stevens Act Provisions;
Fisheries Off West Coast States;
Pacific Coast Groundfish Fishery;
Pacific Coast Groundfish Fishery
Management Plan; Amendment 33;
2025–26 Biennial Specifications and
Management Measures
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Proposed rule; availability of a
draft environmental assessment; request
for comments.
AGENCY:
This proposed rule would
establish the 2025–26 harvest
specifications for groundfish caught in
the U.S. exclusive economic zone (EEZ)
seaward of Washington, Oregon, and
California, consistent with the
Magnuson-Stevens Fishery
Conservation and Management Act
(Magnuson-Stevens Act or MSA) and
the Pacific Coast Groundfish Fishery
Management Plan (PCGFMP). This
proposed rule would also revise
management measures intended to keep
the total annual catch of each
groundfish stock or stock complex
within the annual catch limits. These
proposed measures are intended to help
prevent overfishing, rebuild overfished
stocks, achieve optimum yield, and
ensure that management measures are
based on the best scientific information
available. This proposed rule would
also make minor corrections (e.g.
correcting grammar, removing outdated
regulations, revisions for clarity) to the
regulations. Additionally, this proposed
rule announces the receipt of exempted
fishing permit (EFP) applications.
NMFS has made a preliminary
determination that these applications
warrant further consideration and is
requesting public comment on these
applications. This proposed rule also
would implement amendment 33 to the
PCGFMP, which would establish a
rebuilding plan for California quillback
rockfish and revise the allocation
framework for shortspine thornyhead. In
accordance with the National
Environmental Policy Act (NEPA) of
1969, as amended, NMFS also
announces the availability of a draft
Environmental Assessment (EA) that
lotter on DSK11XQN23PROD with PROPOSALS2
SUMMARY:
VerDate Sep<11>2014
20:56 Aug 28, 2024
Jkt 262001
analyzes the potential effects of the
associated proposed rule.
DATES: Comments must be received no
later than September 30, 2024.
ADDRESSES: Submit your comments on
the proposed rule, draft EA, and EFP
applications, identified by NOAA–
NMFS–2024–0065, by the following
method:
• Electronic Submissions: Submit all
electronic public comments via the
Federal e-Rulemaking Portal. Go to
www.regulations.gov and enter NOAA–
NMFS–2024–0065 in the Search box.
Click the ‘‘Comment’’ icon, complete
the required fields, and enter or attach
your comments. The EFP applications
will be available under Supporting
Documents through the same link.
Instructions: Comments must be
submitted by the above method to
ensure that the comments are received,
documented, and considered by NMFS.
Comments sent by any other method, to
any other address or individual, or
received after the end of the comment
period, may not be considered. All
comments received are a part of the
public record and NMFS will post them
for public viewing on
www.regulations.gov without change.
All personal identifying information
(e.g., name, address, etc.), confidential
business information, or otherwise
sensitive information submitted
voluntarily by the sender is publicly
accessible. NMFS will accept
anonymous comments (enter ‘‘N/A’’ in
the required fields if you wish to remain
anonymous). Please specify whether the
comments provided are associated with
the proposed rule, draft EA, or EFP
applications.
Please submit written comments
regarding the burden-hour estimates or
other aspects of the collection-ofinformation requirements contained in
this proposed rule and subject to the
Paperwork Reduction Act (PRA) by
email to WCR.HMS@noaa.gov and to
OIRA_Submission@omb.eop.gov or fax
to (202) 395–7285.
Electronic Access
This rulemaking is accessible via the
internet at the Office of the Federal
Register website at https://
www.federalregister.gov/. The draft
Analysis, which includes an EA that
addresses the NEPA, as well analyses
that address Presidential Executive
Order 12866, the Regulatory Flexibility
Act (RFA), and the statutory
requirements of the Magnuson-Stevens
Act is accessible via the internet at the
NMFS West Coast Region website at
https://www.fisheries.noaa.gov/region/
west-coast and the Pacific Fishery
PO 00000
Frm 00002
Fmt 4701
Sfmt 4702
Management Council’s (Council)
website at https://www.pcouncil.org. The
final 2024 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.
FOR FURTHER INFORMATION CONTACT:
Lynn Massey, Fishery Management
Specialist, at 562–900–2060 or
lynn.massey@noaa.gov.
SUPPLEMENTARY INFORMATION:
I. Background
The Pacific Coast groundfish fishery
in the U.S. EEZ seaward of Washington,
Oregon, and California is managed
under the PCGFMP. The Council
developed the PCGFMP pursuant to the
MSA (16 U.S.C. 1801 et seq.). The
Secretary of Commerce approved the
PCGFMP and implemented the
provisions of the plan through Federal
regulations at 50 CFR part 660, subparts
C through G. The PCGFMP manages
more than 90 species of roundfish,
flatfish, rockfish, sharks, and skates.
Chapter 5 of the PCGFMP requires the
Council to assess the biological, social,
and economic conditions of the Pacific
Coast groundfish fishery and use this
information to develop harvest
specifications and management
measures at least biennially. This
proposed rule is based on the Council’s
final recommendations for harvest
specifications and management
measures for the 2025–26 biennium
made at its April and June 2024
meetings.
The Council deemed the proposed
regulations necessary and appropriate to
implement these actions in a July 29,
2024, letter from Council Executive
Director, Merrick Burden, to Regional
Administrator Jennifer Quan. Under the
MSA, NMFS is required to publish
proposed rules for comment after
preliminarily determining whether they
are consistent with applicable law. We
are seeking comment on the proposed
regulations in this action and whether
they are consistent with the PCGFMP,
the MSA and its National Standards,
and other applicable law.
NMFS published a Notice of
Availability (NOA) to announce the
proposed amendment 33 to the
PCGFMP (referred to interchangeably as
‘‘the amendment’’) on August 2, 2024
(89 FR 63153). The NOA requests public
review and comment on proposed
changes to the Council fishery
management plan document (89 FR
63153; August 2, 2024). Public
comments are being solicited on the
amendment through October 1, 2024,
E:\FR\FM\29AUP2.SGM
29AUP2
Federal Register / Vol. 89, No. 168 / Thursday, August 29, 2024 / Proposed Rules
lotter on DSK11XQN23PROD with PROPOSALS2
the end of the comment period for the
NOA. Public comments on the proposed
rule must be received by the end of the
comment period on the amendment, as
published in the NOA, to be considered
in the approval/disapproval decision on
the amendment. All comments received
by the end of the comment period on
the amendment, whether specifically
directed to the amendment, or the
proposed rule, will be considered in the
approval/disapproval decision.
Comments received after that date will
not be considered in the approval/
disapproval decision on the
amendment. To be considered,
comments must be received by close of
business on the last day of the comment
period; that does not mean postmarked
or otherwise transmitted by that date.
A. Specification and Management
Measure Development Process
In 2023, the Northwest Fisheries
Science Center (NWFSC) conducted full
stock assessments for black rockfish (all
areas), copper rockfish (California
areas), petrale sole, and canary rockfish.
The NWFSC conducted length-based
data moderate assessments for
shortspine thornyhead and rex sole.
Additionally, the NWFSC conducted
catch-only assessment updates for
widow rockfish and yelloweye rockfish,
a limited update assessment for
sablefish, and catch-only projections for
chilipepper rockfish and yellowtail
rockfish north of 40°10′ north latitude
(N lat.). The NWFSC did not update
assessments for the remaining stocks, so
harvest specifications for these stocks
are based on assessments from previous
years. The full stock assessments used
to set catch limits for this biennium are
available on the Council’s website at
https://www.pcouncil.org/.
The Council’s stock assessment
review panel (STAR panel) reviewed the
stock assessments, including
assessments on stocks for which some
biological indicators are available, as
described below, for technical merit,
and to determine that each stock
assessment document was sufficiently
complete. Finally, the Council’s
Scientific and Statistical Committee
(SSC) reviewed the stock assessments
and STAR panel reports and made its
recommendations to the Council
(Agenda Item G.2, September 2023
Council Meeting; Agenda Item E.2,
November 2023 Council Meeting).
The Council considered the new stock
assessments, stock assessment updates,
catch-only updates, public comment,
recommendations from the SSC, and
advice from its advisory bodies over the
course of six Council meetings during
development of its recommendations for
VerDate Sep<11>2014
20:56 Aug 28, 2024
Jkt 262001
the 2025–26 harvest specifications and
management measures. At each Council
meeting between June 2023 and June
2024, the Council made a series of
decisions and recommendations that
were, in some cases, refined after further
analysis and discussion. Agenda Item
H.7, Attachment 1, June 2023 describes
the Council’s meeting schedule for
developing the 2025–26 biennial harvest
specifications. Additionally, detailed
information, including the supporting
documentation the Council considered
at each meeting, is available at the
Council’s website at www.pcouncil.org.
The 2025–26 biennial management
cycle is the fifth cycle following
PCGFMP amendment 24 (80 FR 12567,
March 10, 2015), which established
default harvest control rules and was
analyzed through an Environmental
Impact Statement (EIS) (Final
Environmental Impact Statement for
Pacific Coast Groundfish Harvest
Specifications and Management
Measures for 2015–2016 and Biennial
Periods Thereafter, and amendment 24
to the PCGFMP, published January
2015). The EIS described the ongoing
implementation of the PCGFMP and the
default harvest control rules. Under
amendment 24, the default harvest
control rules used to determine the
previous biennium’s harvest
specifications (i.e., overfishing limits
(OFLs), acceptable biological catches
(ABCs), and annual catch limits (ACLs))
are applied automatically to the best
scientific information available to
determine the future biennium’s harvest
specifications. NMFS implements
harvest specifications based on the
default harvest control rules used in the
previous biennium unless the Council
makes a recommendation to deviate
from the default. Therefore, this
rulemaking would implement the
default harvest control rules, consistent
with the last biennium (i.e., 2023–24),
for most stocks, and discusses Councilrecommended departures from the
defaults. The draft EA supporting this
action identifies the preferred harvest
control rules, management measures,
and other management changes that
were not described in the 2015 EIS and
will be posted on the NMFS West Coast
Region web page (see Electronic
Access).
Information regarding the OFLs,
ABCs, and ACLs proposed for
groundfish stocks and stock complexes
in 2025–26 is presented below, followed
by a discussion of the proposed
management measures for commercial
and recreational groundfish fisheries.
PO 00000
Frm 00003
Fmt 4701
Sfmt 4702
70407
II. Proposed Harvest Specifications
This proposed rule would set 2025–26
harvest specifications and management
measures for the 90+ groundfish stocks
or management units which currently
have ACLs or ACL contributions to
stock complexes managed under the
PCGFMP, except for Pacific whiting.
Pacific whiting harvest specifications
are established annually through a
separate bilateral process with Canada.
The proposed OFLs, ABCs, and ACLs
are based on the best available
biological and socioeconomic data,
including projected biomass trends,
information on assumed distribution of
stock biomass, and revised technical
methods used to calculate stock
biomass. The PCGFMP specifies a series
of three stock categories for the purpose
of setting maximum sustainable yield
(MSY),1 OFLs, ABCs, ACLs, and
rebuilding standards. Category 1
represents the highest level of
information quality available, while
Category 3 represents the lowest.
Category 1 stocks are the relatively few
stocks for which the NWFSC can
conduct a ‘‘data rich’’ quantitative stock
assessment that incorporates catch-atage, catch-at-length, or other data. The
SSC can generally calculate OFLs and
overfished/rebuilding thresholds for
these stocks, as well as ABCs, based on
the uncertainty of the biomass estimated
within an assessment or the variance in
biomass estimates between assessments
for all stocks in this category. The set of
Category 2 stocks includes a large
number of stocks for which some
biological indicators are available, yet
status is based on a ‘‘data moderate’’
quantitative stock assessment. The
Category 3 stocks include minor stocks
which are caught, but for which there is,
at best, only information on landed
biomass. For stocks in this category,
there is limited data available for the
SSC to quantitatively determine MSY,
OFL, or an overfished threshold.
Typically, catch-based methods (e.g.,
depletion-based stock reduction
analysis, depletion corrected average
catch, and average catches) are used to
determine the OFL for Category 3
stocks. A detailed description of each of
these categories can be found in Section
4.2 of the PCGFMP.
A. Proposed OFLs for 2025 and 2026
The OFL serves as the maximum
amount of fish that can be caught in a
year without resulting in overfishing.
Overfishing occurs when a stock’s
harvest rate, denoted as Fx%, is set
1 MSY is the largest long-term average catch that
can be taken from a fish stock under prevailing
environmental and fishery conditions.
E:\FR\FM\29AUP2.SGM
29AUP2
lotter on DSK11XQN23PROD with PROPOSALS2
70408
Federal Register / Vol. 89, No. 168 / Thursday, August 29, 2024 / Proposed Rules
higher than the rate that produces the
stock’s MSY. The SSC derives OFLs for
groundfish stocks with stock
assessments by applying the harvest rate
to the current estimated biomass (B).
Harvest rates represent the rates of
fishing mortality (F) that will reduce the
female spawning potential ratio (SPR) to
X percent of its unfished level. The
PCGFMP defines SPR as the average
fecundity of a recruit over its lifetime
when the stock is fished divided by the
average fecundity of a recruit over its
lifetime when the stock is unfished. The
SPR is based on the principle that a
certain biomass of fish has to survive in
order to spawn and replenish the stock
at a sustainable level. As an example, a
harvest rate of F40% means the harvest
rate that would fish 60 percent of the
population, thereby reducing the stock
to 40 percent of its unfished level. F40%
is more aggressive than F45% or F50%
harvest rates because F40% allows more
fishing mortality on a stock (as it allows
a harvest rate that would reduce the
stock to 40 percent of its unfished level,
while F45% or F50% would reduce the
stock to 45 percent and 50 percent of its
unfished level). The OFL does not
account for scientific or management
uncertainty; therefore, the SSC typically
recommends an ABC that is lower than
the OFL in order to account for this
uncertainty. Usually, the greater the
amount of scientific uncertainty, the
lower the ABC is set compared to the
OFL.
For 2025–26, the Council maintained
its policy of using a default harvest rate
as a proxy for the fishing mortality rate
that is expected to achieve MSY (FMSY).
The Council also maintained the same
default harvest rate proxies as used in
the 2023–24 biennium, based on the
SSC’s recommendations: F30% for
flatfish (meaning an SPR harvest rate
that would reduce the stock to 30
percent of its unfished level), F50% for
rockfish (including longspine and
shortspine thornyheads), F50% for
elasmobranchs, and F45% for other
groundfish such as sablefish and
lingcod. For unassessed stocks, the
Council recommended using a historical
catch-based approach (e.g., average
catch, depletion-corrected average
catch, or depletion-based stock
reduction analysis) to set the OFL. See
Tables 1a and 2a to Part 660, subpart C
in the proposed regulatory text
supporting this rulemaking for the
proposed 2025–26 OFLs. The SAFE
document for 2024 includes a detailed
description of the scientific basis for all
of the SSC-recommended OFLs
proposed in this rulemaking and is
VerDate Sep<11>2014
20:56 Aug 28, 2024
Jkt 262001
available at the Council’s website at
www.pcouncil.org.
B. Proposed ABCs for 2025 and 2026
The ABC is the stock or stock
complex’s OFL reduced by an amount
associated with scientific uncertainty.
The SSC-recommended P star (P*)sigma (s) approach determines the
amount by which the OFL is reduced to
account for this uncertainty. Under this
approach, the SSC recommends a s
value. The s value is generally based on
the scientific uncertainty in the biomass
estimates generated from stock
assessments and is usually related to the
stock category. After the SSC determines
the appropriate s value, the Council
chooses a P* based on its chosen level
of risk aversion to address the
consequences of the stock being
elsewhere within the uncertainty
represented by s. A P* of 0.5 equates to
no additional reduction beyond the s
value reduction. The PCGFMP specifies
that the upper limit of P* will be 0.45,
thus always ensuring at least some
additional reduction beyond the s value
reduction. The P*- s approach is
discussed in detail in the proposed and
final rules for the 2011–12 biennial
harvest specifications and management
measures (75 FR 67810, November 3,
2010; 76 FR 27508, May 11, 2011) and
the 2013–14 biennial harvest
specifications and management
measures (77 FR 67974, November 12,
2012; 78 FR 580, January 3, 2013).
The SSC quantified major sources of
scientific uncertainty in the estimates of
OFLs and generally recommended a s
value of 0.5 for Category 1 stocks, a s
value of 1.0 for Category 2 stocks, and
a s value of 2.0 for Category 3 stocks.
For Category 2 and 3 stocks, there is
greater scientific uncertainty in the OFL
estimate because the assessments for
these stocks are informed by less data
than the assessments for Category 1
stocks. Therefore, the scientific
uncertainty buffer is generally greater
than that recommended for stocks with
data-rich stock assessments. Assuming
the same P* is applied, a larger s value
results in a larger reduction from the
OFL. For 2025–26, the ABC
recommendations are consistent with
the general policy of using the SSCrecommended s values for each stock
category.
For 2025–26, the Council maintained
the P* policies it established for the
previous biennium for most stocks. The
Council recommended using P* values
of 0.45 for all individually managed
Category 1 stocks, except yelloweye
rockfish. Combining the Category 1 s
value of 0.5 with the P* value of 0.45
results in a reduction of 6.1 percent
PO 00000
Frm 00004
Fmt 4701
Sfmt 4702
from the OFL when deriving the ABC.
For Category 2 stocks, the Council’s
general policy was to apply a P* of 0.40,
with a few exceptions. The Council
recommended applying a P* of 0.45 for
big skate, English sole, lingcod south of
40°10′ N lat., lingcod north of 40°10′ N
lat., longnose skate, Pacific ocean perch,
shortspine thornyhead, blue rockfish in
the Oregon blue/deacon/black rockfish
complex, and all Category 2 stocks in
the Nearshore rockfish complexes, Shelf
rockfish complexes, and Slope rockfish
complexes. When combined with the s
values of 1.0 for Category 2, a P* value
of 0.45 corresponds to an 11.8 percent
reduction from the OFL and a P* value
of 0.40 corresponds to a 22.4 percent
reduction. For Category 3 stocks, the
Council’s general policy was to apply a
P* value of 0.45, except the Council
recommended a P* value of 0.40 for
cowcod between 40°10′ N lat. and
34°27′ N lat., Pacific cod, starry
flounder, and all stocks in the Other
Flatfish complex except rex sole, which
was upgraded to a Category 2 stock with
a P* of 0.45. When combined with the
s values of 2.0 for Category 3, a P* value
of 0.45 corresponds to 22.2 percent
reduction from the OFL and a P* value
of 0.40 corresponds to a 39.8 percent
reduction. See tables 8 and 9 of Agenda
Item F.6 Attachment 2 from the June
2024 Council meeting (hereafter
interchangeably referred to as the
Council Analytical Document) for the
full description of s and P* values by
stock (see tables 1a and 2a to Part 660,
Subpart C in the proposed regulatory
text of this proposed rule for the
proposed 2025–26 ABCs).
C. Proposed ACLs for 2025 and 2026
The Council recommends ACLs for
each groundfish stock or management
unit in the PCGFMP. To determine the
ACL for each stock, the Council will
determine the best estimate of current
stock abundance and its relation to the
precautionary and overfished/rebuilding
thresholds. Under the PCGFMP, the
biomass level that produces MSY, or
BMSY, is defined as the precautionary
threshold. When the biomass for an
assessed Category 1 or 2 stock falls
below BMSY, the ACL is set below the
ABC using a harvest rate reduction to
help the stock return to the BMSY level,
which is the management target for
groundfish stocks. If a stock biomass is
larger than BMSY, the ACL may be set
equal to the ABC, or the ACL may be set
below the ABC to address conservation
objectives, socioeconomic concerns,
management uncertainty, or other
factors necessary to meet management
objectives. The overfished/rebuilding
threshold is 25 percent of the estimated
E:\FR\FM\29AUP2.SGM
29AUP2
Federal Register / Vol. 89, No. 168 / Thursday, August 29, 2024 / Proposed Rules
unfished biomass level for non-flatfish
stocks or 50 percent of BMSY, if known.
The overfishing/rebuilding threshold for
flatfish stocks is 12.5 percent of the
estimated unfished biomass level. When
a stock is below BMSY (i.e., the
precautionary threshold) but above the
overfishing/rebuilding threshold, it is
considered to be in the precautionary
zone.
Under PCGFMP amendment 24, the
Council set up default harvest control
rules, which established default policies
that would be applied to the best
available scientific information to set
ACLs each biennial cycle, unless the
Council has reasons to diverge from that
harvest control rule. A complete
description of the default harvest
control rules for setting ACLs is
described in the proposed and final rule
for the 2015–16 harvest specifications
and management measures (80 FR 687,
January 6, 2015) and PCGFMP
amendment 24 (80 FR 12567, March 10,
2015).
The PCGFMP defines the 40–10
harvest control rule for stocks with a
BMSY proxy of B40% that are in the
precautionary zone as the standard
reduction. The analogous harvest
control rule with the standard reduction
for assessed flatfish stocks is the 25–5
harvest control rule for flatfish stocks
with a BMSY proxy of B25%. The further
the stock biomass is below the
precautionary threshold, the greater the
reduction in ACL relative to the ABC. If
B10% for a stock with a BMSY proxy of
B40% is reached, or if B5% for a stock
with a BMSY proxy of B25% is reached,
then ACL would be set at zero.
Under the PCGFMP, harvest control
rules are typically applied at the
component species level for stock
complexes to calculate ACLs. Resulting
contribution values of each component
species, or ACL contributions, are
70409
summed to equal the stock complex
ACLs. For example, the ACL
contribution of black rockfish off of
Oregon contributes to the overall ACL
for the Oregon black/deacon/blue
rockfish stock complex. Under the
PCGFMP, the Council may recommend
setting the ACL at a different level than
what the default harvest control rules
specify as long as the ACL does not
exceed the ABC and complies with the
requirements of the MSA (see the
Analysis for information on the MSA).
For most of the stocks and stock
complexes managed with harvest
specifications for 2025–26, the Council
chose to maintain the default harvest
control rules from the previous biennial
cycle. Table 1 presents a summary of the
proposed changes to default harvest
control rules for certain stocks for 2025–
26. Each of these changes is discussed
further below.
TABLE 1—PROPOSED CHANGES TO HARVEST CONTROL RULES FOR THE 2025–26 BIENNIUM
Default harvest
control rule a
Stock
Rex Sole ............................................................
Shortspine thornyhead b ....................................
Dover sole .........................................................
Quillback Rockfish off California .......................
ACL
ACL
ACL
ACL
Alternative harvest
control rule a
= ABC (P* 0.40) .......................................
< ABC (P* 0.40) .......................................
= 50,000 mt ..............................................
contribution < ABC (SPR 0.55; P* 0.45) c
ACL = ABC (P* 0.45)
ACL < ABC (P* 0.45), 40–10 HRC applied
ACL = ABC (P* 0.45)
ABC Rule d (ACL = ABC; P* 0.45)
a The Default Harvest Control Rules were used to set the ACLs in 2023 and 2024. The Alternative Harvest Controls rules are the proposed
changes for setting the ACLs in 2025 and 2026.
b The 40–10 adjustment applies where a precautionary reduction is warranted, per the PCGFMP at section 4.6.1. The 40–10 adjustment reduces the harvest rate to help the stock return to the maximum sustainable yield level.
c In 2023–24, the harvest control rule (ACL contribution < ABC, SPR 0.55; P* 0.45) specified an ACL contribution because quillback rockfish
was still part of the Nearshore rockfish complex. For 2025–26, California quillback rockfish is proposed to be taken out of the Nearshore complex
and managed pursuant to a stock-specific ACL.
d The Council recommended the ABC Rule as the alternative harvest control rule based on a range of harvest strategies analyzed in the California Quillback Rockfish Rebuilding Plan new management measure, which is described in section III, P of this preamble.
lotter on DSK11XQN23PROD with PROPOSALS2
Rex Sole
Rex sole is a Category 2 stock,
managed as part of the Other Flatfish
complex, with a default harvest control
rule of ACL=ABC (P* 0.40). Rex sole is
primarily caught in the bottom trawl
fishery. In 2023, the NWFSC conducted
a length-based data-moderate
assessment (Agenda Item G.2
Attachment 3, September 2023), which
estimates the stock is at 76.1 percent of
unfished spawning output in 2023. This
value is above the 25 percent
management target level, indicating the
stock is healthy. Therefore, the Council
considered an alternative harvest
control rule of ACL=ABC (P* 0.45). The
application of a P* 0.45 means that a
smaller fraction is used to reduce the
OFL and to derive an ABC (beyond the
reduction from s), the result of which
would yield higher ACLs in 2025–26
than under the default P* 0.40. As
presented in the stock assessment and
explained in the Council Analytical
VerDate Sep<11>2014
20:56 Aug 28, 2024
Jkt 262001
Document (Agenda Item F.6 Attachment
2 June 2024), the stock is not expected
to fall below the 25 percent management
target level during the 10-year catch
projection period under either harvest
control rule, even with the projected
attainment of the full ACL, which is
unlikely to occur based on recent
mortality trends. ACL attainment from
2020–2022 was approximately 9 percent
of the potential 2025 ACL under P*
0.45. Therefore, the Council
recommended, and NMFS is proposing,
an alternative harvest control rule of
ACL=ABC (P* 0.45). This will provide
the trawl industry the most flexibility in
light of other expected constraints in
2025–26.
Shortspine Thornyhead
Shortspine thornyhead is a Category 2
stock with a default harvest control rule
that includes the application of P* 0.40
to the coastwide ABC, which is then
split into two area-based ACLs north
and south of 34° 27′ N lat. The ACLs are
PO 00000
Frm 00005
Fmt 4701
Sfmt 4702
set according to the 5-year rolling
average biomass estimated from the
NWFSC’s West Coast Groundfish
Bottom Trawl (WCGBT), which for the
2025–26 biennium would yield a north
and south split of 70.6 percent and 29.4
percent, respectively. In 2023, the
NWFSC conducted a length-based datamoderate assessment (Agenda Item G.2
Attachment 4, September 2023), which
indicates the stock is at 39.4 percent of
unfished spawning output in 2023. This
value is slightly below the 40 percent
target management level, which
indicates the stock is in the
precautionary zone; thus, the 40–10
reduction from the ABC to derive the
ACL automatically applies when setting
ACLs for 2025–26 as a precautionary
management approach. Due to the
decrease in biomass, the Council
anticipates that shortspine thornyhead
will become a constraining species even
under the highest P* for both the trawl
and non-trawl sectors, as catch
projections for 2023 and 2024 are
E:\FR\FM\29AUP2.SGM
29AUP2
70410
Federal Register / Vol. 89, No. 168 / Thursday, August 29, 2024 / Proposed Rules
similar to those ACLs that would result
from a P* of 0.45. Additionally, due to
anticipated increases in sablefish ACLs
over the next few years, the trawl fleet
that targets Dover sole, thornyheads,
and sablefish (DTS) may expand effort,
hence full attainment of shortspine
thornyhead is a reasonable expectation.
Therefore, the Council considered an
alternative harvest control rule (ACL <
ABC P* 0.45, 40–10 harvest control rule
applied) to yield higher ACLs in 2025–
26. As summarized in the Analysis and
the Council Analytical Document
(Agenda Item F.6 Attachment 2 June
2024), catch projections under a P* of
0.45 are still anticipated to remain
within the ACLs and prevent
overfishing. Therefore, NMFS is
proposing, in alignment with the
Council’s recommendation, an
alternative harvest control rule (i.e.,
ACL < ABC P* 0.45, 40–10 harvest
control rule applied). This will
minimize adverse impacts to industry
while still preventing overfishing of the
stock. In addition to a change from the
default P*, the Council recommended a
new management measure that would
remove the management line at 34° 27′
N lat. and set a coastwide ACL for the
stock. This measure is described below
under section III, L of this preamble.
lotter on DSK11XQN23PROD with PROPOSALS2
Dover Sole
Dover sole is a Category 1 stock with
a default harvest control rule of ACL =
50,000 metric tons (mt). However, in
2025–26, setting the ACL at 50,000 mt
would violate the MSA, as the ACL
would exceed the ABC. Therefore, the
Council considered an alternative
harvest control rule of P* 0.45 with the
ACL set equal to the ABC. As explained
in the Analysis and the Council
Analytical Document (Agenda Item F.6
Attachment 2 June 2024), actual
removals are likely to remain well
below the ABC/ACL under this
alternative, making the risk of
overfishing low. Therefore, NMFS is
proposing, in alignment with the
Council’s recommendation, an
alternative harvest control rule (i.e.,
ACL=ABC, P* 0.45).
California Quillback Rockfish
California quillback rockfish is a
Category 2 stock with a default harvest
control rule of ACL contribution < ABC
(SPR 0.55; P* 0.45). Quillback rockfish
is primarily caught by the non-trawl
sectors, with approximately 75 percent
caught by the recreational sector and
approximately 25 percent caught by the
commercial sector. Additionally, the
majority of fishing mortality (∼85
percent) occurs in State waters. In the
2023–24 biennium, California quillback
VerDate Sep<11>2014
20:56 Aug 28, 2024
Jkt 262001
rockfish was managed as part of the
Nearshore rockfish complex both north
and south of 40°10′ N lat. California
quillback rockfish has since been
categorized as its own stock under
amendment 31 to the PCGFMP (88 FR
78677, November 16, 2023). The
NWFSC conducted a data-moderate
assessment in 2021 (Agenda Item E.2,
Attachment 4, November 2021), which
indicated depletion of the stock off
California. The assessment was
determined to be the best scientific
information available in December 2021.
In response to this assessment, and
several subsequent reviews (Agenda
Item C.6.a Supplemental SSC Report 1,
September 2021; Agenda Item E.2.a
Supplemental SSC Report 1, November
2021), NMFS declared the stock
overfished in December 2023 and
notified the Council of the requirement
to develop a rebuilding plan. California
quillback rockfish are caught with many
other species of groundfish; therefore,
the Council developed the rebuilding
plan as part of the 2025–26 biennial
specifications and management
measures in order to account for
restrictions needed for other groundfish
targets in order to rebuild the stock. The
Council considered a range of
alternative harvest control rules during
the development of the rebuilding plan
that is proposed as a new management
measure in this action, and which is
described in detail under section III, P.
of this preamble. Per the MSA,
overfished species must have harvest
specifications set to prevent overfishing
(50 CFR 600.310(f)(3)(ii) and 50 CFR
600.310(f)(4)(i)), and species managed
within a complex are managed to the
complex OFL, which is additive across
all species in the complex, rather than
being managed to a species- or stockspecific harvest specification. Therefore,
for the 2025–26 biennium, the Council
recommended removing California
quillback rockfish from the Nearshore
rockfish complexes north and south of
40°10′ N lat., so that catch can be
managed under stock-specific harvest
specifications. NMFS is also proposing
in alignment with the Council’s
recommendation, an alternative harvest
control rule of the ABC Rule to set the
2025–26 ACLs for California quillback
rockfish. The ABC Rule sets the ACL
equal to the ABC with a management
risk tolerance of P* 0.45 and the timevarying scientific uncertainty (s = 1.0)
reduction applied to the OFL. This
harvest strategy is anticipated to rebuild
the stock as fast as possible while taking
into account the biology of the stock and
the needs of fishing communities.
PO 00000
Frm 00006
Fmt 4701
Sfmt 4702
Stocks in Rebuilding Plans
When NMFS declares a stock
overfished, the Council must develop
and manage the stock in accordance
with a rebuilding plan. For overfished
stocks in the PCGFMP, this means that
the harvest control rule for overfished
stocks sets the ACL based on the
rebuilding plan. The proposed rules for
the 2011–12 (75 FR 67810, November 3,
2010) and 2013–14 (77 FR 67974,
November 14, 2012) harvest
specifications and management
measures contain extensive discussions
on the management approach used for
overfished stocks, which are not
repeated here. In addition, the SAFE
document posted on the Council’s
website at https://www.pcouncil.org/
groundfish/safe-documents/ contains a
detailed description of each overfished
stock, its status and management, as
well as the SSC’s approach for the
rebuilding analyses. This document
provides information on yelloweye
rockfish and, starting with the 2025–26
biennium, California quillback rockfish.
NMFS declared yelloweye rockfish
overfished in 2002. The Council
adopted a rebuilding plan for the stock
in 2004, and revised the rebuilding plan
in 2011 under amendment 16–4 to the
PCGFMP, and again during the 2019–20
biennium (83 FR 63970, December 12,
2018). The Council’s proposed
yelloweye rockfish ACLs for 2025 and
2026 are based on the current yelloweye
rockfish rebuilding plan (see Appendix
F to the PCGFMP at www.pcouncil.org),
so additional details are not repeated
here. As described above, NMFS
declared California quillback rockfish
overfished in December 2023. The
Council adopted a rebuilding plan for
the stock at the June 2024 meeting,
which NMFS is proposing for
implementation in this rulemaking for
the 2025–26 biennium (Agenda Item F.6
Supplemental Revised Attachment 3
June 2024). The Council proposed
California quillback rockfish ACLs for
2025 and 2026 in accordance with the
proposed rebuilding plan, which is
described in detail under section III, P.
of this preamble.
D. Summary of ACL Changes From 2023
to 2025–26
Table 2 compares the ACLs for major
stocks and stock complexes for 2023
and 2025–26 with harvest specifications
set under their default harvest control
rules. Under this proposed rule, 8 of the
39 stocks/complexes shown in table 2
would have higher ACLs in 2025 than
in 2023, and 27 stocks/complexes
would have ACLs that would decrease
in 2025 from those in 2023. Three
E:\FR\FM\29AUP2.SGM
29AUP2
70411
Federal Register / Vol. 89, No. 168 / Thursday, August 29, 2024 / Proposed Rules
stocks/complexes (i.e., Other fish
complex, Pacific cod, and starry
flounder) would have the same ACLs in
2025 as in 2023. Under this proposed
rule, the ACL for yelloweye rockfish
would increase by 4.7 percent. This is
based on the projections from the 2017
rebuilding analysis and the default
harvest control rule specifying ACLs
based on the SPR harvest rate of 65
percent. This predicted slow rate of
rebuilding is anticipated for this slow
growing species. Two stocks (sablefish
north of 36° N lat. and sablefish south
of 36° N lat.) have ACLs that would
increase by more than 100 percent. This
increase is due to new information
provided in the 2023 update
assessment, indicating multiple large
year-classes in recent years (e.g., 2016,
2020, and 2021), leading to large
increases in the spawning biomass at
the end of the time series, with the
population projected to continue
increasing as new recruits mature. The
55.5 percent decrease in canary rockfish
is due to new information from the 2023
full assessment. The 64 percent increase
in Other flatfish is due to new
information from the 2023 update
assessment on rex sole.
TABLE 2—ACLS FOR MAJOR STOCKS AND MANAGEMENT UNITS FOR 2023, AND PROPOSED ACLS FOR THE 2025–26
BIENNIUM UNDER DEFAULT HARVEST CONTROL RULES. BOLD INDICATES A CHANGE IN ACL GREATER THAN 50%
[Rebuilding species are capitalized]
Stock/species or complex
ACL
(mt)
Area
2023
YELLOWEYE ROCKFISH ....................................
Arrowtooth Flounder .............................................
Big Skate ..............................................................
Black Rockfish ......................................................
Black Rockfish ......................................................
Bocaccio ...............................................................
Cabezon ...............................................................
Cabezon/Kelp Greenling complex ........................
Cabezon/Kelp Greenling complex ........................
California Scorpionfish ..........................................
Canary Rockfish .................................................
Chilipepper ............................................................
Cowcod .................................................................
Darkblotched Rockfish ..........................................
English Sole ..........................................................
Lingcod .................................................................
Lingcod .................................................................
Longnose Skate ....................................................
Longspine Thornyhead .........................................
Longspine Thornyhead .........................................
Pacific Cod ...........................................................
Pacific Ocean Perch .............................................
Pacific Spiny Dogfish ............................................
Petrale Sole ..........................................................
Sablefish ..............................................................
Sablefish ..............................................................
Blue/Deacon/Black Rockfish complex ..................
Nearshore Rockfish North a complex ...................
Nearshore Rockfish South a complex ...................
Other Fish complex ..............................................
Other Flatfish complex ......................................
Shelf Rockfish North complex ..............................
Shelf Rockfish South complex .............................
Slope Rockfish North complex .............................
Slope Rockfish South complex ............................
Splitnose Rockfish ................................................
Starry Flounder .....................................................
Widow Rockfish ....................................................
Yellowtail Rockfish ................................................
Coastwide .....................
Coastwide .....................
Coastwide .....................
WA ................................
CA .................................
S of 40°10′ N lat ...........
CA .................................
WA ................................
OR ................................
Coastwide .....................
Coastwide ....................
S of 40°10′ N lat ...........
S of 40°10′ N lat ...........
Coastwide .....................
Coastwide .....................
N of 40°10′ N lat ...........
S of 40°10′ N lat ...........
Coastwide .....................
N of 34°27′ N lat ...........
S of 34°27′ N lat ...........
Coastwide .....................
N of 40°10′ N lat ...........
Coastwide .....................
Coastwide .....................
N of 36≥ N lat ...............
S of 36≥ N lat ...............
Oregon ..........................
N of 40°10′ N lat ...........
S of 40°10′ N lat ...........
Coastwide .....................
Coastwide ....................
N of 40°10′ N lat ...........
S of 40°10′ N lat ...........
N of 40°10′ N lat ...........
S of 40°10′ N lat ...........
S of 40°10′ N lat ...........
Coastwide .....................
Coastwide .....................
N of 40° 10′ N lat ..........
53.3
18,632
1,320
290
334
1,842
182
20
185
262
1,284
2,183
80
785
9,018
4,378
726
1,708
2,295
725
1,600
3,573
1,456
3,485
8,486
2,338
597
93
887
223
4,862
1,283
1,469
1,540
701
1,592
392
12,624
5,666
% Change
2023 to 2025
2025
2026
55.8
11,193
1,224
245
234
1,681
162
15
177
244
571
2,815
77
754
8,884
3,631
748
1,616
2,050
648
1,600
3,328
1,361
2,354
28,688
7,857
423
88
932
223
7,974
1,392
1,465
1,488
693
1,508
392
11,237
6,241
56.6
9,227
1,188
241
236
1,668
155
15
174
238
573
2,643
75
732
8,819
3,534
773
1,579
1,957
618
1,600
3,220
1,318
2,238
27,238
7,460
428
86
931
223
7,144
1,378
1,462
1,460
690
1,469
392
10,392
6,023
+4.7%
¥39.9
¥7.3
¥15.5
¥29.9
¥8.7
¥11.0
¥25.0
¥4.3
¥6.9
Ø55.5
+28.9
¥3.8
¥3.9
¥1.5
¥17.1
+3.0
¥5.3
¥10.7
¥10.7
0.0
¥6.9
¥6.5
¥32.5
+238.1
+236.1
¥29.2
¥5.4
5.1
0.0
+64.0
+8.5
¥0.3
¥3.4
¥1.1
¥5.3
0.0
¥11.0
+10.1
a California quillback rockfish were removed from the Nearshore Rockfish complexes in November 2023. Thus, the units of comparison are offset between the 2023 ACL and 2025–2026 values in this table.
lotter on DSK11XQN23PROD with PROPOSALS2
III. Proposed Management Measures
This section describes proposed
management measures used to further
allocate the ACLs to the various
components of the fishery (i.e., biennial
fishery harvest guidelines (HGs) and setasides) and management measures to
control fishing. Management measures
VerDate Sep<11>2014
20:56 Aug 28, 2024
Jkt 262001
for the commercial fishery modify
fishing behavior during the fishing year
to ensure catch does not exceed the
ACL, and include trip and cumulative
landing limits, time/area closures, size
limits, and gear restrictions.
Management measures for the
recreational fisheries include bag limits,
size limits, gear restrictions, fish
PO 00000
Frm 00007
Fmt 4701
Sfmt 4702
dressing requirements, and time/area
closures.
A. Deductions From the ACLs
Before making allocations to the
primary commercial and recreational
components of groundfish fisheries, the
Council recommends ‘‘off-the-top
deductions,’’ or deductions from the
E:\FR\FM\29AUP2.SGM
29AUP2
70412
Federal Register / Vol. 89, No. 168 / Thursday, August 29, 2024 / Proposed Rules
ACLs to account for anticipated
mortality for certain types of activities,
including: (1) harvest in Pacific Coast
treaty Indian Tribal fisheries; (2) harvest
in scientific research activities; (3)
harvest in non-groundfish fisheries
(incidental catch); and (4) harvest that
occurs under EFPs. As part of NMFS’
effort to simplify regulations pertaining
to harvest specifications, the footnotes
that typically specify these values in
tables 1a, 1b, 2a, and 2b of subpart C
would be removed, and all off-the-top
deductions proposed for individual
stocks or stock complexes and would be
published in the 2024 SAFE. The details
of the EFPs are discussed below in
section III,I of this preamble.
Pacific Coast Tribal Fisheries
The Quileute Tribe, Quinault Indian
Nation, Makah Indian Tribe, and Hoh
Indian Tribe (collectively, ‘‘the Pacific
Coast Tribes’’) implement management
measures for Tribal fisheries both
independently as sovereign
governments and cooperatively with the
management measures in the Federal
regulations. The Pacific Coast Tribes
work through the Council process to
maintain groundfish set-asides, harvest
guidelines, and allocations pursuant to
treaty fishing rights and as co-managers
of the resource. The Pacific Coast Tribes
may adjust their Tribal fishery
management measures inseason to stay
within the Tribal set-asides and
allocations and within the estimated
impacts to overfished stocks. Table 3
provides the proposed Tribal harvest
set-asides and allocations proposed for
the 2025–26 biennium for groundfish
species other than Pacific whiting,
which is allocated through a separate
annual specifications process with
Canada. These targets are consistent
with the 2024 targets, with the
exception of petrale sole (decreased to
290 mt), sablefish north of 36° N lat.
(increased to 2,869 mt in 2025 and 2,724
mt in 2026) and yelloweye rockfish
(increased to 8 mt). Typically, a portion
of these values are included as footnotes
to tables 1a, 1b, 2a, and 2b of subpart
C and the other portion of these values
are specified at 50 CFR 660.50. NMFS
would remove the footnotes from tables
1a, 1b, 2a, and 2b of subpart C, and
publish the full list of Tribal set asides
at 50 CFR 660.50 as part of regulatory
cleanup efforts. As noted above, these
values will also be published in the
SAFE.
TABLE 3—PROPOSED TRIBAL HARVEST SET-ASIDES AND ALLOCATIONS FOR THE 2025–26 BIENNIUM COMPARED TO
THOSE IN PLACE IN 2024
Off the top deduction
Stock/species
2025–2026
(mt)
Arrowtooth Flounder ....................................................................................................................
Big Skate .....................................................................................................................................
Black Rockfish (WA) ....................................................................................................................
Cabezon/Kelp Greenling (WA) ....................................................................................................
Canary Rockfish ..........................................................................................................................
Darkblotched Rockfish .................................................................................................................
Dover Sole ...................................................................................................................................
English Sole .................................................................................................................................
Lingcod N. of 40°10′ N lat ...........................................................................................................
Longnose Skate ...........................................................................................................................
Longspine Thornyhead N. of 34°27′ N lat ...................................................................................
Nearshore Rockfish North ...........................................................................................................
Other Flatfish ...............................................................................................................................
Pacific cod ...................................................................................................................................
Pacific Ocean Perch ....................................................................................................................
Pacific Spiny Dogfish ...................................................................................................................
Petrale Sole .................................................................................................................................
2,041
15
18
2
50
5
1,497
200
250
220
30
1.5
60
500
130
275
350
Sablefish N. of 36° N lat a ............................................................................................................
778
Shelf Rockfish North ....................................................................................................................
Shortspine Thornyhead S. of 34°27′ N lat ..................................................................................
Slope Rockfish North ...................................................................................................................
Starry flounder .............................................................................................................................
Widow rockfish .............................................................................................................................
Yellowtail rockfish ........................................................................................................................
Yelloweye rockfish .......................................................................................................................
30
50
36
2
200
1,000
5
a Sablefish
lotter on DSK11XQN23PROD with PROPOSALS2
2024
(mt)
2,869 (2025)
2,724 (2026)
30
50
36
2
200
1,000
8
is allocated according to amendment 6 of the PCGFMP and 50 CFR 660.50(f)(2).
The Pacific Coast Tribes proposed trip
limit management in Tribal fisheries for
2025–26 for several stocks, including
several rockfish stocks and stock
complexes. This rulemaking proposes
the trip limits for Tribal fisheries. as
provided to the Council at its April 2024
meeting in Supplemental Tribal Reports
1 and 2, Agenda Item F.5. For rockfish
stocks. Tribal regulations will continue
to require full retention of all overfished
VerDate Sep<11>2014
2,041
15
18
2
50
5
1,497
200
250
220
30
1.5
60
500
130
275
290
20:56 Aug 28, 2024
Jkt 262001
rockfish stocks and marketable nonoverfished rockfish stocks. The Pacific
Coast Tribes will continue to develop
management measures, including depth,
area, and time restrictions, in the
directed Tribal Pacific halibut fishery in
order to minimize incidental catch of
yelloweye rockfish.
PO 00000
Frm 00008
Fmt 4701
Sfmt 4702
Scientific Research
NMFS is proposing, in alignment with
the Council’s recommendation, the
below amounts in table 4 to
accommodate mortality from research
activities for the 2025–26 biennium.
Research activities include the
NWFSC’s WCGBT survey, the NWFSC’s
Southern California Hook-and-Line
survey, and the International Pacific
E:\FR\FM\29AUP2.SGM
29AUP2
70413
Federal Register / Vol. 89, No. 168 / Thursday, August 29, 2024 / Proposed Rules
Halibut Commission longline surveys,
as well as other Federal and state
research projects. In previous harvest
specification cycles, the Council
established research set-asides equal to
the long-term maximum or historical
average (beginning in 2003) for all
species except yelloweye rockfish and
cowcod, for which custom
methodologies were designed for setting
research set-asides. However, many of
these long-term maximums or averages
are not reflective of recent mortality
trends in scientific research activities.
Therefore, for the 2025–26 biennium, 39
of the 43 stocks or stock complexes that
have research set-asides would instead
be set equal to their 10-year rolling
maximum. The research set-asides for
the remaining four stocks (i.e., canary
rockfish, cowcod, California quillback
rockfish, and yelloweye rockfish) would
continue to be established by other
methodologies. The rationale for these
departures is detailed in Agenda Item
E.7.a, Supplemental GMT Report 2,
November 2023. The amounts in Table
4 will be published in the SAFE.
TABLE 4—PROPOSED RESEARCH SET-ASIDES FOR THE 2025–26 BIENNIUM
[Rebuilding species are capitalized]
Stock/species
Management area
2025
2026
QUILLBACK ROCKFISH ................................................................................
YELLOWEYE ROCKFISH ..............................................................................
Arrowtooth flounder .........................................................................................
Big skate .........................................................................................................
Black rockfish (WA) .........................................................................................
Black rockfish (CA) .........................................................................................
Bocaccio ..........................................................................................................
Cabezon (CA) .................................................................................................
California scorpionfish .....................................................................................
Canary rockfish ...............................................................................................
Chilipepper ......................................................................................................
Cowcod ...........................................................................................................
Darkblotched rockfish ......................................................................................
Dover sole .......................................................................................................
English sole .....................................................................................................
Lingcod ............................................................................................................
Lingcod ............................................................................................................
Longnose skate ...............................................................................................
Longspine thornyhead .....................................................................................
Longspine thornyhead .....................................................................................
Pacific cod .......................................................................................................
Pacific ocean perch .........................................................................................
Pacific Spiny dogfish .......................................................................................
Pacific whiting .................................................................................................
Petrale sole .....................................................................................................
Sablefish ..........................................................................................................
Sablefish ..........................................................................................................
Shortspine thornyhead ....................................................................................
Splitnose rockfish ............................................................................................
Starry flounder .................................................................................................
Widow rockfish ................................................................................................
Yellowtail rockfish ............................................................................................
California ............................................
Coastwide ..........................................
Coastwide ..........................................
Coastwide ..........................................
Washington ........................................
California ............................................
S of 40°10′ N lat ................................
S of 42° N lat .....................................
S of 34°27′ N lat ................................
Coastwide ..........................................
S of 40°10′ N lat ................................
S of 40°10′ N lat ................................
Coastwide ..........................................
Coastwide ..........................................
Coastwide ..........................................
N of 40°10′ N lat ................................
S of 40°10′ N lat ................................
Coastwide ..........................................
N of 34°27′ N lat ................................
S of 34°27′ N lat ................................
Coastwide ..........................................
N of 40°10′ N lat ................................
Coastwide ..........................................
Coastwide ..........................................
Coastwide ..........................................
N of 36° N lat .....................................
S of 36° N lat .....................................
Coastwide ..........................................
S of 40°10′ N lat ................................
Coastwide ..........................................
Coastwide ..........................................
N of 40°10′ N lat ................................
0.1
2.9
13.0
5.5
0.6
0.1
5.6
0.0
0.8
10.1
14.1
10.0
8.5
61.9
8.0
17.7
3.2
14.7
18.4
1.3
0.8
5.4
41.9
750.0
24.1
59.3
2.3
16.3
11.2
0.6
17.3
20.6
0.1
2.9
13.0
5.5
0.6
0.1
5.6
0.0
0.8
10.1
14.1
10.0
8.5
61.9
8.0
17.7
3.2
14.7
18.4
1.3
0.8
5.4
41.9
750.0
24.1
59.3
2.3
16.3
11.2
0.6
17.3
20.6
N of 40°10′ N lat ................................
S of 40°10′ N lat ................................
N of 40°10′ N lat ................................
S of 40°10′ N lat ................................
N of 40°10′ N lat ................................
S of 40°10′ N lat ................................
Coastwide ..........................................
Coastwide ..........................................
Oregon ...............................................
Oregon ...............................................
Washington ........................................
0.5
0.7
15.3
15.1
10.5
18.2
0.1
23.6
0.1
0.1
0.4
0.5
0.7
15.3
15.1
10.5
18.2
0.1
23.6
0.1
0.1
0.4
Complex
Nearshore rockfish north .................................................................................
Nearshore rockfish south ................................................................................
Shelf rockfish north .........................................................................................
Shelf rockfish south .........................................................................................
Slope rockfish north ........................................................................................
Slope rockfish south ........................................................................................
Other fish .........................................................................................................
Other flatfish ....................................................................................................
Oregon black/blue/deacon rockfish .................................................................
Oregon cabezon/kelp greenling ......................................................................
Washington cabezon/kelp greenling ...............................................................
lotter on DSK11XQN23PROD with PROPOSALS2
Incidental Open Access
NMFS is proposing, in alignment with
the Council’s recommendation, the
below amounts in table 5 to
accommodate mortality of groundfish
taken incidentally in non-groundfish
fisheries (i.e., the groundfish incidental
open access (IOA) fisheries). IOA
VerDate Sep<11>2014
20:56 Aug 28, 2024
Jkt 262001
comprises the non-Tribal directed
commercial Pacific halibut, limited
entry and open access California
halibut, pink shrimp, and other
incidental fisheries. Similar to research
mortality, the Council has historically
established IOA set-asides equal to the
long-term maximum or historical
PO 00000
Frm 00009
Fmt 4701
Sfmt 4702
average (beginning in 2003) for all
species; however, for the 2025–26
biennium, the Council recommended
establishing set-asides based on the new
10-year rolling maximum for 33 of the
43 stocks or stock complexes that have
IOA set-asides. The IOA set-asides for
the remaining 10 stocks or stock
E:\FR\FM\29AUP2.SGM
29AUP2
70414
Federal Register / Vol. 89, No. 168 / Thursday, August 29, 2024 / Proposed Rules
complexes (i.e., bocaccio south of 40°10′
N lat., canary rockfish, darkblotched
rockfish, longspine thornyhead north of
34° 27′ N lat., petrale sole, sablefish
south of 36° N lat., widow rockfish,
nearshore rockfish north of 40° 10′ N
lat., slope rockfish south of 40° 10′ N
lat., and yelloweye rockfish) would
continue to be established by other
methodologies. The rationale for these
departures is detailed in the Agenda
Item E.7.a, Supplemental GMT Report 2
(November 2023). The amounts in table
5 will be published in the SAFE.
TABLE 5—PROPOSED INCIDENTAL OPEN ACCESS SET-ASIDES FOR THE 2025–26 BIENNIUM
[Rebuilding species are capitalized]
Stock/species
Management area
2025
2026
QUILLBACK ROCKFISH ................................................................................
YELLOWEYE ROCKFISH ..............................................................................
Arrowtooth flounder .........................................................................................
Big skate .........................................................................................................
Black rockfish (WA) .........................................................................................
Black rockfish (CA) .........................................................................................
Bocaccio rockfish ............................................................................................
Cabezon (CA) .................................................................................................
California scorpionfish .....................................................................................
Canary rockfish ...............................................................................................
Chilipepper rockfish .........................................................................................
Cowcod ...........................................................................................................
Darkblotched rockfish ......................................................................................
Dover sole .......................................................................................................
English sole .....................................................................................................
Lingcod ............................................................................................................
Lingcod ............................................................................................................
Longnose skate ...............................................................................................
Longspine thornyhead .....................................................................................
Longspine thornyhead .....................................................................................
Pacific cod .......................................................................................................
Pacific ocean perch .........................................................................................
Pacific Spiny dogfish .......................................................................................
Pacific whiting .................................................................................................
Petrale sole .....................................................................................................
Sablefish ..........................................................................................................
Shortspine thornyhead ....................................................................................
Splitnose rockfish ............................................................................................
Starry flounder .................................................................................................
Widow rockfish ................................................................................................
Yellowtail rockfish ............................................................................................
California ............................................
Coastwide ..........................................
Coastwide ..........................................
Coastwide ..........................................
Washington ........................................
California ............................................
S of 40°10′ N lat ................................
S of 42° N lat .....................................
S of 34°27′ N lat ................................
Coastwide ..........................................
S of 40°10′ N lat ................................
S of 40°10′ N lat ................................
Coastwide ..........................................
Coastwide ..........................................
Coastwide ..........................................
N of 40°10′ N lat ................................
S of 40°10′ N lat ................................
Coastwide ..........................................
N of 34°27′ N lat ................................
S of 34°27′ N lat ................................
Coastwide ..........................................
N of 40°10′ N lat ................................
Coastwide ..........................................
Coastwide ..........................................
Coastwide ..........................................
S of 36° N lat. ....................................
Coastwide ..........................................
S of 40°10′ N lat ................................
Coastwide ..........................................
Coastwide ..........................................
N of 40°10′ N lat ................................
0.0
3.9
41.0
38.9
0.0
1.2
2.2
0.06
1.2
2.8
13.2
0.1
10.7
25.2
6.6
13.4
8.7
15.9
1.3
0.2
0.6
10.1
6.7
1,500.0
4.4
25.0
5.7
2.9
14.1
1.0
4.5
0.0
3.9
41.0
38.9
0.0
1.2
2.2
0.6
1.2
2.8
13.2
0.1
10.7
25.2
6.6
13.4
8.7
15.9
1.3
0.2
0.6
10.1
6.7
1,500.0
4.4
25.0
5.7
2.9
14.1
1.0
4.5
N of 40°10′ N lat ................................
S of 40°10′ N lat ................................
N of 40°10′ N lat ................................
S of 40°10′ N lat ................................
N of 40°10′ N lat ................................
S of 40°10′ N lat ................................
Coastwide ..........................................
Coastwide ..........................................
Oregon ...............................................
Oregon ...............................................
Washington ........................................
1.1
1.8
20.5
11.5
11.5
0.9
9.7
87.7
1.5
0.7
0
1.1
1.8
20.5
11.5
11.5
0.9
9.7
87.7
1.5
0.7
0
Complex
Nearshore rockfish north .................................................................................
Nearshore rockfish south ................................................................................
Shelf rockfish north .........................................................................................
Shelf rockfish south .........................................................................................
Slope rockfish north ........................................................................................
Slope rockfish south ........................................................................................
Other fish .........................................................................................................
Other flatfish ....................................................................................................
Oregon black/blue/deacon rockfish .................................................................
Oregon cabezon/kelp greenling ......................................................................
Washington cabezon/kelp greenling ...............................................................
lotter on DSK11XQN23PROD with PROPOSALS2
Exempted Fishing Permits
Issuing EFPs is authorized by
regulations implementing the MSA at 50
CFR 600.745, which state that EFPs may
be used to authorize fishing activities
that would otherwise be prohibited. The
Council routinely considers EFP
applications concurrently with the
biennial harvest specifications and
management process because expected
catch under most EFP projects is
accounted for via off-the-top deductions
from ACLs. However, both EFP
applications recommended by the
VerDate Sep<11>2014
20:56 Aug 28, 2024
Jkt 262001
Council for 2025–26 do not request offthe-top deductions from ACLs and plan
to account for their catch via other
methods. A detailed description of these
EFP proposals is provided in section III,
I of this preamble.
Recreational Sablefish Set-Aside
The allocation framework for
sablefish north of 36° N lat. was set up
under amendment 6 to PCGFMP (57 FR
54001; Nov 16 1992). This framework
deducts a set-aside from the ACL to
account for mortality in the recreational
fisheries. The set-aside amount is
PO 00000
Frm 00010
Fmt 4701
Sfmt 4702
usually based on the maximum
historical value of sablefish caught in
recreational fisheries. The Council
recommended, and NMFS is proposing,
increasing the recreational set-aside
from 6 mt in the 2023–24 biennium to
30 mt in the 2025–26 biennium. As
described in the Council Analytical
Document (Agenda Item F.6
Attachment, June 2, 2024), historical
recreational mortality of sablefish north
of 36° N lat. has not exceeded 3.98 mt
from 2005–22. However, the California
and Oregon recreational catch estimates
E:\FR\FM\29AUP2.SGM
29AUP2
70415
Federal Register / Vol. 89, No. 168 / Thursday, August 29, 2024 / Proposed Rules
for 2023 totaled 23.9 mt. Therefore, the
Council is recommending increasing the
set-aside amount to accommodate the
recreational fishery. This increase is not
expected to constrain the commercial
fishery in the 2025–26 biennium.
B. Annual Catch Targets
As defined at 50 CFR 660.11, an
annual catch target (ACT) is a
management target set below the ACL
that may be used as an accountability
measure in cases where there is
uncertainty in inseason catch
monitoring to ensure against exceeding
an ACL. Since the ACT is a target and
not a limit, it can be used in lieu of HGs
or set strategically to accomplish other
management objectives. Sector-specific
ACTs can also be specified to
accomplish management objectives. For
the 2025–26 biennium, the Council
recommended, and NMFS is proposing,
ACTs for yelloweye rockfish in the nontrawl sectors (both commercial and
recreational), copper rockfish in the
recreational sector south of 34° 27′ N
lat., and shortspine thornyhead in the
commercial non-trawl sector north of
34° 27′ N lat. Further, the Council
recommended removing the ACT from
the 2023–24 biennium for California
quillback rockfish. These ACTs can be
found in the footnotes to tables 1a and
2a to part 660, subpart C in the
regulatory text of this proposed rule.
Yelloweye Rockfish
The Council considered removing the
non-trawl ACT for yelloweye rockfish.
Yelloweye rockfish is a prohibited
species in all non-trawl groundfish
fisheries, where more than 95 percent of
the mortality occurs. It is currently
managed with a non-trawl ACT set at
78.4 percent of the non-trawl allocation,
and sector-specific ACTs under the nontrawl allocation are also set at 78.4
percent of their respective sectorspecific HGs (table 6 below). The
majority of commercial non-trawl
mortality is discarded and, therefore,
commercial non-trawl inseason
estimates are largely year-end
projections that do not have datainformed estimates of discards until
September of the following year, when
the Groundfish Expanded Mortality
Multiyear (GEMM) report is available.
Additionally, pre-season management
measures of any non-trawl sector are not
expected to be different with or without
the ACT. However, ultimately, the
Council recommended maintaining
ACTs as a precaution. Since yelloweye
rockfish catch has been restricted for
many years, it is difficult to project
encounter rates. This precautionary
approach to higher catch limits would
allow more access to target fisheries for
the non-trawl sector, while also
managing for the uncertainty and
volatility in catch of this rebuilding
stock by this sector.
TABLE 6—PROPOSED 2025–26 NON-TRAWL YELLOWEYE ROCKFISH HGS AND ACTS FOR THE SECTOR AND SUBSECTORS
2025
Sector
HG
(mt)
Non-Trawl Sector total .....................................................................................
Non-nearshore/Nearshore (20.9%) ..................................................................
WA Rec (25.6%) ..............................................................................................
OR Rec (23.3%) ..............................................................................................
CA Rec (30.2%) ...............................................................................................
lotter on DSK11XQN23PROD with PROPOSALS2
Copper Rockfish South of 34°27′ N lat.
NMFS is proposing, in alignment with
the Council’s recommendation, to
remove the statewide all-sector copper
rockfish ACT and to establish a
recreational copper rockfish ACT in the
area south of 34°27′ N lat. This
recommendation was made in response
to the 2023 copper rockfish off
California stock assessment, which
estimated depletion of copper rockfish
at 46 and 16 percent north and south of
34°27′ N lat., respectively (Agenda Item
G.2 Attachment 1, September 2023 and
Agenda Item G.2 Attachment 2,
September 2023). While allowable
harvest of copper rockfish off California
is shared by the fixed gear commercial
and recreational sectors, recreational
mortality has accounted for the majority
of impacts in recent years. This is
particularly evident in the area south of
34°27′ N lat. Over the last 6 years, the
recreational fishery, on average, has
been responsible for approximately 90
percent of total mortality in the area
south of 34°27′ N lat. As noted in
Agenda Item E.7.a, Supplemental GMT
VerDate Sep<11>2014
20:56 Aug 28, 2024
Jkt 262001
ACT
(mt)
37.7
7.9
9.7
8.8
11.4
Report 3, November 2023, establishing a
within non-trawl recreational ACT for
copper rockfish south of 34°27′ N lat.
may provide a mechanism for
management specifically addressing the
proportion of the copper rockfish stock
that may be more susceptible to
localized depletion, in a similar manner
as has been done previously for stocks
of concern (e.g., yelloweye rockfish).
The proposed ACTs are 15.8 and 18.0
mt for 2025 and 2026, respectively.
Shortspine Thornyhead North of 34°27′
N lat.
NMFS is proposing, in alignment with
the Council’s recommendation, an ACT
for shortspine thornyhead in the nontrawl commercial sector north of 34°27′
N lat. This ACT is related to the
Council’s recommendation to revise the
allocation framework for shortspine
thornyhead, which is described in detail
under section III, L of this preamble.
The proposed ACTs for shortspine
thornyhead are 67 mt and 55 mt for
2025 and 2026, respectively.
PO 00000
Frm 00011
Fmt 4701
Sfmt 4702
2026
HG
(mt)
29.6
6.2
7.6
6.9
8.9
ACT
(mt)
38.5
8.0
9.9
9.0
11.6
30.2
6.3
7.7
7.0
9.1
California Quillback Rockfish
NMFS is proposing, in alignment with
the Council’s recommendation, to
remove the ACT from the 2023–24
biennium for quillback rockfish off
California. The ACT was originally
designed as a mechanism to monitor
quillback rockfish mortality relative to
its component mortality of the
Nearshore Rockfish complex ACL. Now
that the Council has recommended to
remove California quillback rockfish
from the Nearshore complex, mortality
will be monitored against its speciesspecific ACLs. Due to anticipated low
harvest limits, there is little value in
setting an ACT lower than the ACL
because the small difference in an ACL
to ACT will not give the Council a
timely warning to reduce mortality to
avoid exceeding the ACL.
C. Biennial Fishery Allocations
The Council routinely recommends
two-year trawl and non-trawl
allocations during the biennial
specifications process for stocks without
formal allocations (as defined in section
E:\FR\FM\29AUP2.SGM
29AUP2
70416
Federal Register / Vol. 89, No. 168 / Thursday, August 29, 2024 / Proposed Rules
6.3.2 of the PCGFMP) or stocks where
the long-term allocation is suspended
because the stock is declared overfished.
The two-year trawl and non-trawl
allocations, with the exception of
sablefish north of 36° N lat., are based
on the fishery HG. The fishery HG is the
tonnage that remains after subtracting
the off-the-top deductions described in
section III, A, entitled ‘‘Deductions from
the ACLs,’’ in this preamble. The trawl
and non-trawl allocations and
recreational HGs are designed to
accommodate anticipated mortality in
each sector as well as variability and
uncertainty in those mortality estimates.
Additional information on the Council’s
allocation framework and formal
allocations can be found in section 6.3
of the PCGFMP and 50 CFR 660.55 of
the Federal regulations. Tables 7 and 8
below include both categories of
allocations, including formal allocations
specified in the PCGFMP (i.e.,
amendment 21 stocks/species) or
biennial allocations that are not
specified in the PCGFMP and only
specified in the Federal regulations each
biennium (i.e., 2-year allocations). Table
9 below presents the proposed
allocations for sablefish north of 36° N
lat. All allocations are detailed in the
harvest specification tables appended to
50 CFR part 660, subpart C in the
regulatory text of this proposed rule.
TABLE 7—PROPOSED 2025 AMENDMENT 21 AND BIENNIAL TRAWL/NON-TRAWL ALLOCATION PERCENTAGES (%) AND
ALLOCATION AMOUNTS IN METRIC TONS (mt)
[Rebuilding species are capitalized]
Stock/species
Management area
Yelloweye rockfish ............
Arrowtooth flounder ..........
Big skate ...........................
Bocaccio rockfish ..............
Canary rockfish .................
Chilipepper rockfish ..........
Cowcod .............................
Darkblotched rockfish .......
Dover sole ........................
English sole ......................
Lingcod .............................
Lingcod .............................
Longnose skate ................
Longspine thornyhead ......
Pacific cod ........................
Pacific Ocean perch .........
Pacific whiting b/ ...............
Petrale sole .......................
Coastwide .........................
Coastwide .........................
Coastwide .........................
S of 40°10′ N lat ...............
Coastwide .........................
S of 40°10′ N lat ...............
S of 40°10′ N lat ...............
Coastwide .........................
Coastwide .........................
Coastwide .........................
N of 40°10′ N lat ...............
S of 40°10′ N lat ...............
Coastwide .........................
N of 34°27′ N lat ...............
Coastwide .........................
N of 40°10′ N lat ...............
Coastwide .........................
Coastwide .........................
Sablefish ...........................
N of 36° N lat ...................
Sablefish ...........................
Shortspine thornyhead .....
Splitnose rockfish .............
Starry flounder ..................
Widow rockfish .................
Yellowtail rockfish .............
S of 36° N lat ....................
Coastwide .........................
S of 40°10′ N lat ...............
Coastwide .........................
Coastwide .........................
N of 40°10′ N lat ...............
Trawl
Fishery HG
(mt)
Allocation type
41
9,098
1,164.6
1,673.2
508.4
2,788
66.5
729.8
45,840
8,669.4
3,349.9
736.4
1,365.4
2,000.7
1,098.6
3,182.5
........................
2,036
Biennial ..........
A–21 ..............
Biennial ..........
Biennial ..........
Biennial ..........
A–21 ..............
Biennial ..........
A–21 ..............
A–21 ..............
A–21 ..............
A–21 ..............
Biennial ..........
Biennial ..........
A–21 ..............
A–21 ..............
A–21 ..............
A–21 ..............
Biennial ..........
Non-trawl
%
mt
%
mt
8
95
95
39
72.3
75
36
95
95
95
45
40
90
95
95
95
100
............
3.3
8,643.1
1,106.4
652.5
367.6
2,091
23.9
693.3
43,459.8
8,235.9
1,507.5
294.6
1,228.9
1,900.7
1,043.7
3,023.4
........................
2,006
92
5
5
61
27.7
25
64
5
5
5
55
60
10
5
5
5
0
............
38.5
454.9
58.2
1,020.6
140.8
697.0
42.6
36.5
2,290.2
433.5
1,842.4
441.8
136.5
100.0
54.9
159.1
0
30
See Table 9
7,829.8
743.3
1,493.9
375.3
11,018.7
5,216.1
A–21 ..............
Biennial ..........
A–21 ..............
A–21 ..............
Biennial ..........
A–21 ..............
42
64
95
50
............
88
3,288.5
475.7
1,419.2
187.7
10,718.7
4,590.2
58
36
5
50
............
12
4,541.3
267.6
74.7
187.7
300.0
625.9
60.2
12.2
81
63
90
798.1
175.4
1,158.3
424.6
7,022.7
39.8
87.8
19
37
10
527.6
1,263.1
271.7
249.4
780.3
Complexes
Shelf rockfish north ...........
Shelf rockfish south ..........
Slope rockfish north ..........
Slope rockfish south .........
Other flatfish .....................
N of 40°10′ N lat ...............
S of 40°10′ N lat ...............
N of 40°10′ N lat ...............
S of 40°10′ N lat ...............
Coastwide .........................
1,325.7
1,438.6
1,430
674
7,803
Biennial ..........
Biennial ..........
A–21 ..............
Biennial ..........
A–21 ..............
I
I
I
TABLE 8—PROPOSED 2026 AMENDMENT 21 AND BIENNIAL TRAWL/NON-TRAWL ALLOCATION PERCENTAGES (%) AND
ALLOCATION AMOUNTS IN METRIC TONS (mt)
lotter on DSK11XQN23PROD with PROPOSALS2
Stock/species
Yelloweye Rockfish ...............
Arrowtooth flounder ...............
Big skate ................................
Bocaccio ................................
Canary rockfish ......................
Chilipepper .............................
Cowcod ..................................
Darkblotched rockfish ............
Dover sole .............................
English sole ...........................
Lingcod ..................................
Lingcod ..................................
VerDate Sep<11>2014
Coastwide ..............................
Coastwide ..............................
Coastwide ..............................
S of 40°10′ N lat ...................
Coastwide ..............................
S of 40°10′ N lat ...................
south of 40°10′ N lat .............
Coastwide ..............................
Coastwide ..............................
Coastwide ..............................
N of 40°10′ N lat ...................
S of 40°10′ N lat ...................
21:32 Aug 28, 2024
Jkt 262001
PO 00000
Trawl
Fishery HG
(mt)
Management area
Frm 00012
41.8
7,132
1,128.6
1,680.5
509.6
2,615.2
65.2
707.8
40,873
8,604.4
3,252.9
761.5
Non-trawl
Allocation type
Biennial ..................................
A–21 ......................................
Biennial ..................................
Biennial ..................................
Biennial ..................................
A–21 ......................................
Biennial ..................................
A–21 ......................................
A–21 ......................................
A–21 ......................................
A–21 ......................................
Biennial ..................................
Fmt 4701
Sfmt 4702
%
mt
%
8
95
95
39
72.3
75
36
95
95
95
45
40
3.3
6,775.4
1,072.2
655.4
368.4
1,961.4
23.5
672.4
38,829.4
8,174.2
1,463.8
304.6
92
5
5
60
27.7
25
64
5
5
5
55
60
E:\FR\FM\29AUP2.SGM
29AUP2
mt
38.5
356.6
56.4
1,025.1
141.2
653.8
41.7
35.4
2,043.7
430.2
1,789.1
456.9
70417
Federal Register / Vol. 89, No. 168 / Thursday, August 29, 2024 / Proposed Rules
TABLE 8—PROPOSED 2026 AMENDMENT 21 AND BIENNIAL TRAWL/NON-TRAWL ALLOCATION PERCENTAGES (%) AND
ALLOCATION AMOUNTS IN METRIC TONS (mt)—Continued
Stock/species
Management area
Trawl
Fishery HG
(mt)
Allocation type
Biennial ..................................
A–21 ......................................
A–21 ......................................
A–21 ......................................
A–21 ......................................
Biennial ..................................
%
Longnose skate .....................
Longspine thornyhead ...........
Pacific cod .............................
Pacific Ocean perch ..............
Pacific whiting a/ ....................
Petrale sole ............................
Coastwide ..............................
N of 34°27’ N lat ...................
Coastwide ..............................
N of 40°10′ N lat ...................
Coastwide ..............................
Coastwide ..............................
1,328.4
1,907.3
1,098.6
3,074.5
........................
1,919.5
Sablefish ................................
N of 36° N lat ........................
........................
Sablefish ................................
Shortspine thornyhead ..........
Splitnose rockfish ..................
Starry flounder .......................
Widow rockfish ......................
Yellowtail rockfish ..................
S of 36° N lat ........................
Coastwide ..............................
S of 40°10′ N lat ...................
Coastwide ..............................
Coastwide ..............................
N of 40°10′ N lat ...................
7,432.9
752.7
1,454.9
375.3
10,173.7
4,997.5
Non-trawl
mt
90
95
95
95
100
............
%
mt
1,195.6
1,811.9
1,043.7
2,920.8
0.0
1,889.5
10
5
5
5
............
............
132.8
95.4
54.9
153.7
0
30.0
42
71
95
50
............
88
3,121.8
534.4
1,382.2
187.7
9,873.7
4,397.8
58
29
5
50
............
12
4,311.1
218.3
72.7
187.7
300.0
599.7
60.2
12.2
81
63
90
790
172.2
1,135.8
422.7
6,973
39.8
87.8
19
37
10
522.3
1261
266.4
248.3
697.3
See Table 9
A–21 ......................................
Biennial ..................................
A–21 ......................................
A–21 ......................................
Biennial ..................................
A–21 ......................................
Complexes
Shelf rockfish north ................
Shelf rockfish south ...............
Slope rockfish north ...............
Slope rockfish south ..............
Other flatfish ..........................
a Pacific
N of 40°10′ N lat ...................
N of 40°10′ N lat ...................
N of 40°10′ N lat ...................
S of 40°10′ N lat ...................
Coastwide ..............................
I
I
1,312.3
1,436.2
1,402.2
671
6,563
Biennial ..................................
Biennial ..................................
A–21 ......................................
Biennial ..................................
A–21 ......................................
I
I
I
whiting harvest limits are set through an annual bilateral treaty process external to the Council.
TABLE 9—PROPOSED 2025–2026 NON-TRIBAL SABLEFISH NORTH OF 36° N LAT. COMMERCIAL HGS AND LIMITED ENTRY
(LE) TRAWL AND FIXED GEAR (LEFG) AND OPEN ACCESS (OA) FISHERY ALLOCATIONS AS PERCENTAGES (%) AND
METRIC TONS (mt)
Non-tribal
commercial
HG
Year
lotter on DSK11XQN23PROD with PROPOSALS2
2025 .....................
2026 .....................
I
25,729.3
24,425.1
LE share
%
mt
90.6
90.6
23,310.7
22,129.1
I
Shortspine Thornyhead
Shortspine thornyhead has a formal
allocation structure described in
amendment 21 to the PCGFMP. The
stock has a coastwide OFL and ABC,
with two area-specific ACLs and fishery
HGs set for north and south of 34°27′ N
lat. The area-specific ACLs have been
apportioned using the data (2003–2012)
from the NWFSC WCGBT survey at the
time of the previous assessment
conducted in 2013. There are different
allocation frameworks for each area. For
north of 34°27′ N lat., 95 percent of the
HG has gone to the trawl sector, and 5
percent of the HG to the non-trawl
sector. For south of 34°27′ N lat., a fixed
tonnage of 50 mt has gone to the trawl
sector, and the remainder of the HG to
the non-trawl sector. For the 2025–26
biennium, NMFS is proposing, in
alignment with the Council’s
recommendation, a change to this
allocation structure to alleviate
anticipated constraints for both the
trawl and non-trawl sector north of
34°27′ N lat. The details of this new
management measure are described in
the Analysis and in section III, L of this
preamble. The proposed allocation
VerDate Sep<11>2014
20:56 Aug 28, 2024
Jkt 262001
I
LE trawl share
%
I
LEFG share
mt
58
58
I
13,520.2
12,834.9
%
I
framework would change shortspine
thornyhead to a 2-year allocation
species, and set a coastwide ACL,
coastwide off-the-top deductions, and a
coastwide HG. In 2025, the trawl/nontrawl allocation would be 64 and 36
percent of the HG, respectively, and in
2026 the trawl/non-trawl allocation
would be 71 and 29 percent of the HG,
respectively. These values are reflected
in tables 6 and 7 above.
Widow Rockfish
The typical allocation framework for
widow rockfish allots a fixed 400 mt to
the non-trawl sector and the remainder
of the HG to the trawl sector. For the
2025–26 biennium, NMFS is proposing,
in alignment with the Council’s
recommendation, to reduce the nontrawl allocation to a fixed 300 mt, thus
increasing the remainder of the HG
allocated to the trawl sector by 100 mt.
As described in the Council Analytical
Document (Agenda Item F.6 Attachment
2 June 2024), the 2025–26 trawl
allocations are expected to be lower
than that sector’s mortality in recent
years. The resulting allocations
proposed for 2025 and 2026 in tables 6
PO 00000
Frm 00013
Fmt 4701
Sfmt 4702
OA share
mt
42
42
I
9,791.9
9,294.0
%
I
9.4
9.4
mt
I
2,418.6
2,296.0
and 7, respectively, are expected to meet
the needs of each sector.
D. Harvest Guideline Sharing
Agreements
For each biennium, the Council can
consider HG sharing agreements for
other stocks or stock complexes separate
from the standard list of biennial
allocations discussed in section III, C of
this preamble. These sharing agreements
can be arrangements on how the HG is
split among separate states, fishery
sectors, or both. For the 2025–26
biennium, NMFS is proposing sharing
agreements for: bocaccio south of 40°10′
N lat., canary rockfish, cowcod,
Nearshore rockfish complex north of
40°10′ N lat., sablefish south of 36° N
lat., slope rockfish south of 40°10′ N lat.,
and blackgill rockfish. All proposed
sharing agreements are maintained from
the 2023–24 biennium, with the
exception of sablefish south of 36° N lat.
The Council is recommending a new
sharing agreement for sablefish south of
36° N lat. (described below) based on a
new recreational set-aside. See the
Council Analytical Document (Agenda
Item F.6 Attachment 2, June 2024) for
E:\FR\FM\29AUP2.SGM
29AUP2
70418
Federal Register / Vol. 89, No. 168 / Thursday, August 29, 2024 / Proposed Rules
more information on how these HG
sharing agreements were chosen. Each
of the sharing agreements and the
resulting shares between sectors and/or
states will be published in the SAFE.
Sablefish South of 36° N Lat.
The Council recommended, and
NMFS is proposing, a new recreational
set-aside of 10 mt for sablefish south of
36° N lat., within the non-trawl HG
sharing agreement, because the
recreational fishery in this area has
expressed interest in targeting sablefish.
As described in the Council Analytical
Document (Agenda Item F.6 Attachment
2, June 2024), this amount would allow
for better monitoring of mortality of this
stock and is not expected to constrain
the commercial non-trawl sector, which
targets sablefish.
TABLE 10—PROPOSED HG SHARING AGREEMENT FOR SABLEFISH SOUTH OF 36° N LAT. IN THE 2025–26 BIENNIUM
Non-trawl
allocation
(mt)
Sector
2025 .....................................................................................
2026 .....................................................................................
E. Modifications to Waypoints for
Rockfish Conservation Areas
Rockfish Conservation Areas (RCAs)
are large area closures intended to
reduce the catch of a rockfish stock or
stock complex by restricting fishing
activity at specific depths. The
boundaries for RCAs are defined by
straight lines connecting a series of
latitude and longitude coordinates that
approximate depth contours. These sets
of coordinates, or lines, are not gear or
fishery specific, but can be used in
combination to define an area. NMFS
then implements fishing restrictions for
a specific gear and/or fishery within
each defined area.
Rec. set-aside
(mt)
4,541.3
4,311.1
10
10
For the 2025–26 biennium, NMFS is
proposing, in alignment with the
Council’s recommendation, coordinate
modifications to six waypoints (#95
through 100) on the 50 fathom (fm) line
seaward of California between Pt. Arena
and Bodega Bay. These modifications
would better align existing RCA
coordinates with the 50-fm chart-based
depth contour.
F. Limited Entry Trawl
The limited entry trawl fishery is
made up of the shorebased individual
fishing quota (IFQ) program (for whiting
and non-whiting) and the at-sea whiting
sectors (Mothership (MS) and catcherprocessor (C/P)). For some stocks and
stock complexes with a trawl allocation,
Non-trawl HG
(mt)
LEFG share
(mt) 70%
4,531.3
4,301.1
3,171.9
3,010.8
OA share
(mt) 30%
1,359.4
1,290.3
an amount is first set-aside for the at-sea
whiting sector with the remainder of the
trawl allocation going to the shorebased
IFQ sector. Set-asides are not managed
by NMFS or the Council except in the
case of a risk to the ACL.
At-Sea Set Asides
For several species, the trawl
allocation is reduced by an amount setaside for the at-sea whiting sector. This
amount is designed to accommodate
catch by the at-sea whiting sector when
they are targeting Pacific whiting. NMFS
is proposing, in alignment with the
Council’s recommendation, the setasides in table 11 for the 2025–26
biennium.
lotter on DSK11XQN23PROD with PROPOSALS2
TABLE 11—2025–26 AT-SEA SET-ASIDES FOR VESSELS TARGETING PACIFIC WHITING WHILE FISHING AS PART OF THE
AT-SEA SECTOR
Species or species complex
Area
Arrowtooth Flounder .....................................................................................................
Canary rockfish ............................................................................................................
Darkblotched rockfish ...................................................................................................
Dover sole ....................................................................................................................
Lingcod .........................................................................................................................
Longnose skate ............................................................................................................
Other flatfish .................................................................................................................
Pacific halibut ...............................................................................................................
Pacific ocean perch ......................................................................................................
Petrale sole ..................................................................................................................
Sablefish .......................................................................................................................
Shelf rockfish complex .................................................................................................
Shortspine thornyhead .................................................................................................
Slope rockfish complex ................................................................................................
Widow rockfish .............................................................................................................
Yellowtail rockfish .........................................................................................................
Coastwide .................................................
Coastwide .................................................
Coastwide .................................................
Coastwide .................................................
N of 40°10′ N lat .......................................
Coastwide .................................................
Coastwide .................................................
Coastwide .................................................
N of 40°10′ N lat .......................................
Coastwide .................................................
N of 36° N lat ............................................
N of 40°10′ N lat .......................................
N of 34°27′ N lat .......................................
N of 40°10′ N lat .......................................
Coastwide .................................................
N of 40°10′ N lat .......................................
Incidental Trip Limits for IFQ Vessels
For vessels fishing in the Shorebased
IFQ Program, with either groundfish
trawl gear or non-trawl gears, the
following incidentally-caught stocks are
managed with trip limits: Nearshore
rockfish complex north and south,
VerDate Sep<11>2014
20:56 Aug 28, 2024
Jkt 262001
Washington black rockfish, Oregon
black/blue/deacon rockfish complex,
cabezon (46°16′ to 40°10′ N lat. and
south of 40°10′ N lat.), Pacific spiny
dogfish, longspine thornyhead south of
34°27′ N lat., big skate, California
scorpionfish, longnose skate, Pacific
PO 00000
Frm 00014
Fmt 4701
Sfmt 4702
At-sea set
aside amount
(mt)
100
20
100
10
15
5
100
10
300
5
429
35
70
300
300
360
whiting, and the Other Fish complex.
For all these stocks, this rulemaking
proposes maintaining the same IFQ
fishery trip limits for these stocks for the
start of the 2025–26 biennium as those
in place in 2024. Additionally, this
rulemaking proposes maintaining the
E:\FR\FM\29AUP2.SGM
29AUP2
Federal Register / Vol. 89, No. 168 / Thursday, August 29, 2024 / Proposed Rules
trip limit for blackgill rockfish within
the southern Slope rockfish complex.
The trip limit would be unlimited to
start the 2025 fishing year. The purpose
of the blackgill trip limit would be to
allow the Council to reduce targeting of
blackgill rockfish inseason, if needed.
Trip limits for the IFQ fishery can be
found in table 1b (North) and table 1b
(South) to part 660, subpart D. Changes
to trip limits would be considered a
routine measure under 50 CFR
660.60(c), and may be implemented or
adjusted, if determined necessary,
through inseason action.
G. LEFG and OA Non-Trawl Fishery
Management measures for the LEFG
and OA non-trawl fisheries tend to be
similar because the majority of
participants in both fisheries use hookand-line gear. Management measures,
including area restrictions (e.g., NonTrawl RCA) and trip limits in these nontrawl fisheries, are generally designed to
allow harvest of target stocks while
keeping catch of overfished stocks low.
LEFG trip limits are specified in table 2b
(North) and table 2b (South) to subpart
E. OA trip limits are specified in table
3b (North) and table 3b (South) to
subpart F, in the regulatory text of this
proposed rule. HG sharing agreements
between non-trawl sectors are published
in the SAFE.
lotter on DSK11XQN23PROD with PROPOSALS2
LEFG and OA Trip Limits
The Council recommended, and
NMFS is proposing, status quo trip
limits for LEFG and OA fisheries in
2025, with the exception of the OA trip
limit for lingcod north of 42° N lat.,
which is being decreased from 11,000
pounds (lb) (4,990 kilograms (kg)) per 2
months, to 9,000 lb (4,082 kg) per 2
months, to ensure the OA trip limit is
lower than the LEFG trip limit. The
Council also recommended modifying
the temporal component (i.e., monthly
to bimonthly) of multiple OA and LEFG
VerDate Sep<11>2014
20:56 Aug 28, 2024
Jkt 262001
trip limits. Consolidating trip limits
from monthly to bimonthly is expected
to reduce regulator complexity and
confusion. With the exception of the
trip limit for lingcod north of 42° N lat.,
trip limit amounts that were monthly
would double for the bimonthly trip
limit (i.e., a trip limit that was 100 lb (45
kg) monthly would become a 200 lb (91
kg) trip limit in the bimonthly option).
The Council could recommend further
adjustment to the trip limits through
additional inseason action, once more
data on the current limits is collected
and the effects on mortality, particularly
discard mortality, are better understood.
More information on these trip limits
can be found in the Council Analytical
Document (Agenda Item F.6 Attachment
2, June 2024).
Primary Sablefish Tier Limits
The primary sablefish fishery tier
program is a limited access privilege
program set up under amendment 14 to
PCGFMP (66 FR 41152; August 7, 2001).
Participants hold limited entry permits
with a pot gear and/or longline gear
endorsement and a sablefish
endorsement.
Under amendment 14, as set out in 50
CFR 660.231, the permit holder of a
sablefish-endorsed permit receives a tier
limit, which is an annual share of the
sablefish catch allocation to this sector.
NMFS sets three different tier limits
through the biennial harvest
specifications and management
measures process and up to three
permits may be stacked at one time on
a vessel participating in the fishery.
Stacked tier limits are combined to
provide a cumulative catch limit for that
vessel. After vessels have caught their
full tier limits, they are allowed to move
into other fisheries for sablefish,
specifically the LEFG or OA trip limit
fishery, or fisheries for other species.
The proposed tier limits for 2025 are as
PO 00000
Frm 00015
Fmt 4701
Sfmt 4702
70419
follows: Tier 1 at 246,824 lb (111,957
kg), Tier 2 at 112,193 lb (50,890 kg), and
Tier 3 at 64,110 lb (29,080 kg). The
proposed tier limits for 2026 are as
follows: Tier 1 at 234,312 lb (106,282
kg), Tier 2 at 106,506 lb (48,310 kg), and
Tier 3 at 60,860 lb (27,606 kg).
H. Recreational Fisheries
This section describes the recreational
fisheries management measures
proposed for 2025–2026, which are
intended to keep catch within the
recreational harvest guidelines for each
stock. Washington, Oregon, and
California each proposed, and the
Council recommended, different
combinations of seasons, bag limits, area
closures, and size limits for stocks
targeted in recreational fisheries. These
measures are designed to limit catch of
overfished stocks found in the waters
adjacent to each state while allowing
target fishing opportunities in their
particular recreational fisheries. This
proposed rule would set these measures
for recreational fisheries occurring in
the EEZ. Each state, respectively,
typically sets measures for recreational
fisheries in State waters. The following
sections describe the recreational
management measures proposed in each
state.
Washington
The state of Washington manages its
marine fisheries in four areas: (1)
Marine Area 1, which extends from the
Oregon/Washington border to
Leadbetter Point; (2) Marine Area 2,
which extends from Leadbetter Point to
the mouth of the Queets Rivers; (3)
Marine Area 3, which extends from the
Queets River to Cape Alava; and (4)
Marine Area 4, which extends from
Cape Alava to the Sekiu River. This
proposed rule would adopt the
following season structure in table 12.
BILLING CODE 3510–22–P
E:\FR\FM\29AUP2.SGM
29AUP2
70420
Federal Register / Vol. 89, No. 168 / Thursday, August 29, 2024 / Proposed Rules
Table 12 -- Proposed Washington Recreational Fishing Season Structure for 202526
3 and4
Opena/
Closed
Open
<20fm
(37 m) a/
(North
Coast)
Open
Closed
b/ c/
Closed
Open die!
Closed
1
Closed
(Columbia
River)
Open fig!
Closed
2 (South
Coast)
lotter on DSK11XQN23PROD with PROPOSALS2
BILLING CODE 3510–22–C
Oregon
Consistent with the Council’s
recommendation, NMFS proposes
continuing with the same season
structure, closed areas, and bag limits
for 2025–26 as were in place in 2024,
with the exception of some varying
depth restrictions proposed in table 12
above to ensure harvest specifications
are not exceeded. The Council also
proposed a new sub-bag limit for canary
rockfish of five fish (out of the seven
rockfish bag limit). For more
information on the proposed
management measures for the
Washington recreational fishery, see the
Washington Department of Fish and
Wildlife (WDFW) reports from the April
and June 2024 Council meetings
(Agenda Item F.5.a, Supp. WDFW
Report 1, April 2024; Agenda Item F.6.a
WDFW Report 1 June 2024).
VerDate Sep<11>2014
20:56 Aug 28, 2024
Jkt 262001
NMFS is proposing, consistent with
the Council’s recommendation, that
Oregon recreational fisheries in 2025–26
would operate under an all months all
depths season structure to start the 2025
fishing year. The Council recommended
maintaining the 2023–24 aggregate bag
limits and size limits in Oregon
recreational fisheries for 2025–26, but
with the addition of a new bag limit for
sablefish and a new sub-bag limit for
canary rockfish within the longleader
bag limit. The proposed bag limits are:
a marine fish aggregate limit of 10 fish
per day, where cabezon have a
minimum size of 16 inches (in) (41
centimeter (cm)); 3 lingcod per day,
with a minimum size of 22 in (56 cm);
25 flatfish per day, excluding Pacific
halibut; a longleader gear limit of 12 fish
per day with a sub-bag limit of 5 canary
rockfish; and 10 sablefish per day.
PO 00000
Frm 00016
Fmt 4701
Sfmt 4702
NMFS is proposing, consistent with
the Council’s recommendation, a new
sub-bag limit of five canary rockfish per
angler within the longleader bag limit.
This sub-bag limit would be used to
mitigate the decrease in the coastwide
ACL and recreational allocation for
canary rockfish. The Council also
recommended a new bag limit for
sablefish. As explained in the Council
Analytical Document (Agenda Item F.6
Attachment 2, June 2024), sablefish
encounters and catches have increased
in all sectors (including the Oregon
recreational fishery), as larger
recruitment classes of sablefish have
entered into the different fisheries.
Sablefish are not a targeted species in
the Oregon recreational fishery;
however, they are encountered during
offshore Pacific halibut fishing trips
and/or offshore longleader trips.
Recreational anglers off Oregon are
allowed to retain sablefish during a
E:\FR\FM\29AUP2.SGM
29AUP2
EP29AU24.019
a/ Retention of copper, quillback, and vermilion rockfishes prohibited May 1 through July 31.
b/ Retention of lingcod, Pacific cod, sablefish, bocaccio, silvergray rockfish, canary rockfish, widow
rockfish, and yellowtail rockfish allowed >20 fm on days when Pacific halibut is open June 1 through July
31.
c/ Retention ofyellowtail and widow rockfishes is allowed >20 fm (37 m) in July.
di From May 1 through May 31 lingcod retention prohibited >30 fm (55 m) except on days that the primary
Pacific halibut season is open.
e/ When lingcod is open, retention is prohibited seaward of a line drawn from Queets River (47° 31.70' N.
Lat. 124° 45.00' W. Lon.) to Leadbetter Point (46° 38.17' N. Lat. 124° 30.00' W. Lon.), except on days
open to the primary Pacific halibut fishery and June 1 - 15 and September 1 - 30.
fl Retention of sablefish, Pacific cod, flatfish (other than halibut), yellowtail, widow, canary, redstripe,
greenstriped, silvergray, chilipepper, bocaccio, and blue/deacon rockfishes allowed during the all-depth
Pacific halibut fishery. Lingcod retention is only allowed with halibut on board north of the WA-OR
border.
g/ Retention of lingcod is prohibited seaward of a line drawn from Leadbetter Point (46° 38.17' N. Lat.,
124° 21.00' W. Lon.) to 46° 33.00' N. Lat., 124° 21.00' W. Lon. year round except lingcod retention is
allowed from June 1 - 15 and September 1 - 30.
Federal Register / Vol. 89, No. 168 / Thursday, August 29, 2024 / Proposed Rules
longleader trip, however, under current
regulations, the sablefish bag limit is
part of the general marine bag limit (i.e.,
maximum of 10), which is smaller than
the longleader bag limit (i.e., maximum
of 12). Sablefish, at present, must count
as part of the 12-fish longleader bag
limit. Removing sablefish from the
marine bag and creating a new sablefish
bag limit of 10 avoids regulatory
complexity, as anglers would then be
allowed to retain 10 sablefish in
addition to the 12-fish longleader bag
limit. Additionally, a 10-fish sablefish
bag limit allows anglers to retain more
sablefish in conjunction with the
longleader bag limit. This measure will
likely decrease regulatory discards and
provide an additional opportunity for
recreational anglers that fish offshore.
For more information on the proposed
management measures for the Oregon
recreational fishery, see the Council
Analytical Document and the Oregon
Department of Fish and Wildlife reports
from the April 2024 Council meeting
(Agenda Item F.5.a Supplemental
ODFW Report 1, April 2024).
California
The Council manages recreational
fisheries in waters seaward of California
in five separate management areas.
Season and area closures differ between
California management areas to limit
incidental catch of overfished stocks
and stocks of concern while providing
as much recreational fishing
opportunity as possible. The Council’s
recommended California season
structure for 2025 and 2026 is the same
as the structure adopted by the Council
for 2024 recreational fisheries in
California (Agenda Item F.8.a CDFW
Supplemental Report 2, March 2024;
Agenda Item F.5.a Supplemental CDFW
Report 1 April 2024).
In the Northern Management Area
(42° N lat. to 40°10′ N lat.), the
Mendocino Management Area (40°10′ N
lat. to 38°57.5′ N lat.), the San Francisco
Management Area (38°57.5′ N lat. to
37°11′ N lat.), and part of the Central
Management Area (37°11′ N lat. to 36°
N lat.), the fishery for California
rockfish, cabezon, greenling complex
(RCG complex), as defined at 50 CFR
660.360(c)(3)(ii), and the fishery for
lingcod would be closed January 1 to
70421
March 31, open seaward of 50 fm (91 m)
from April 1 to April 31, closed in the
EEZ from May 1 to September 30, open
seaward of 50 fm (91 m) from October
1 to October 31, closed in the EEZ, and
open seaward of 50 fm (91 m) from
December 1 to December 31.
In the other portion of the Central
Management Area (36° N lat. to 34°27′
N lat.) and the Southern Management
Area (34°27′ N lat. to U.S./Mexico
border), the RCG complex fishery and
the lingcod fishery would be closed
January 1 to March 31, open in all
depths April 1 to June 30, open in the
EEZ shoreward of 50 fm (91 m) from
July 1 to September 30, and open
seaward of 50 fm (91 m) from October
1 to December 31. Recreational
groundfish fishing opportunities in state
waters may differ and would be
announced separately by the California
Department of Fish and Wildlife
(CDFW).
Table 13 shows the proposed season
structure and depth limits by
management area in 2025 and 2026 for
the RCG complex fishery and lingcod
fishery.
BILLING CODE 3510–22–P
Table 13 -- Proposed Season Structure and Depth Limits by Management Area for
the 2025-2026 in the California RCG Complex and Lingcod Fisheries
Northern
(42° N lat. to
40°10' N lat.)
CLOSED
>50
fm
Closed in the EEZA
>50
fm
Closed
>50
in the
EEZA fm
CLOSED
>50
fm
Closed in the EEZ al
>50
fm
Closed
>50
in the
fm
EEZA
San Francisco
(38°57.50' N lat.
to 37°11' N lat.)
CLOSED
>50
fm
Closed in the EEZ al
>50
fm
Closed
>50
in the
EEZA fm
Central
(37°11' N lat. to
36° N lat.)
CLOSED
>50
fm
Closed in the EEZ al
>50
fm
Closed
>50
in the
fm
EEZA
Central
(36° N lat. to
34°27' N lat.)
CLOSED
All Depth
<50 fm in the
EEZ
>50fm
Southern
(South of 34°27'
N lat.)
CLOSED
All Depth
<50 fm in the
EEZ
>50fm
a1 See California state regulations for state water fishing opportunities
VerDate Sep<11>2014
20:56 Aug 28, 2024
Jkt 262001
PO 00000
Frm 00017
Fmt 4701
Sfmt 4725
E:\FR\FM\29AUP2.SGM
29AUP2
EP29AU24.020
lotter on DSK11XQN23PROD with PROPOSALS2
Mendocino
(40° 10' N lat. to
38°57.50' N lat.)
70422
Federal Register / Vol. 89, No. 168 / Thursday, August 29, 2024 / Proposed Rules
lotter on DSK11XQN23PROD with PROPOSALS2
BILLING CODE 3510–22–C
The use of the 50 fm line in the table
above constitutes the Recreational RCA
line for the start of the 2025–26
biennium, but the Council could
recommend to use a different fm line via
an inseason action. In other words, the
line approximating the 50 fm depth
contour would be the line used for the
‘‘offshore fishery,’’ where fishing can be
open seaward of the single fm line, as
opposed to across a range of depths
between two fm lines, which is how
RCA closures are typically structured.
This management measure was
implemented in the 2023–24 biennium
(87 FR 77007; December 16, 2022) and
used for the first time via the Council’s
September 2023 inseason action (88 FR
67656; October 2, 2023).
In 2023–24, Federal regulations
required that recreational vessels be in
continuous transit when motoring back
to port during times where an offshore
fishery was in place. However, these
regulations inadvertently prevented
recreational vessels from anchoring
overnight shoreward of a Recreational
RCA during unfavorable weather
conditions or during multi-day trips,
thus creating safety-at-sea concerns.
Additionally, these regulations
inadvertently prevented recreational
vessels from fishing for non-groundfish
species (e.g., lobster) that they would
typically target alongside groundfish.
NMFS published a temporary
emergency rule to address this issue on
April 1, 2024 (89 FR 22352). To address
these concerns for the 2025–26
biennium and beyond, NMFS is
proposing, consistent with the Council’s
recommendation, a new management
measure that would allow recreational
vessels to stop and/or anchor in Federal
waters shoreward of the Recreational
RCA line, provided that no hook-andline gear is deployed. This management
measure is described in greater detail in
the Analysis and below in section III.N.
NMFS is proposing, consistent with
the Council’s recommendation, the
continuation of all the same bag and
sub-bag limits from 2024 for the RCG
complex, lingcod, Other flatfish, petrale
sole, starry flounder, and California
scorpionfish. With the exception of the
seasonal Recreational RCA boundaries
described above in table 13, all other
area closures would remain the same as
2024 for 2025–26 (i.e., Cordell Bank
GCA, YRCAs, GEAs, and EFHCAs).
NMFS is proposing, consistent with
the Council’s recommendation, to
remove size limit requirements for
cabezon, greenlings, and California
scorpionfish. NMFS is also proposing to
remove the filet length requirement for
California scorpion fish and modifying
VerDate Sep<11>2014
20:56 Aug 28, 2024
Jkt 262001
the filet requirements for cabezon,
greenlings, California scorpionfish, and
lingcod. Current regulations prohibit
fileting cabezon and greenlings at sea
(50 CFR 660.360(c)(3)(ii)(D)) and specify
minimum size requirements (50 CFR
660.360(c)(3)(ii)(C)). California scorpion
fish are allowed to be fileted at sea
provided that filets are no smaller than
5 in (12.8 cm) and bear an intact 1 in
(2.6 cm) square patch of skin (50 CFR
660.360(c)(3)(v)(D)); there is also a
minimum size requirement of 10 in (25
cm) (50 CFR 660.360(c)(3)(v)(C)).
Lingcod is also allowed to be fileted at
sea provided that filets are no smaller
than 14 in (36 cm) in length and that
each filet bear an intact 1 in (2.6 cm)
square patch of skin. The Council
recommended to change these
regulations to remove the size limits and
instead allow fishermen to filet both
cabezon and greenlings at sea. In
addition, the Council recommended to
remove the size limit for California
scorpionfish, and modify the filet
requirements for cabezon, greenlings,
California scorpionfish and lingcod so
that the skin is required to be left on the
filet, which would improve the ability
for enforcement officers to distinguish
between filets of these four species,
which closely resemble one another.
Cabezon, greenling, and California
scorpionfish are commonly captured
along with rockfish on recreational
trips. Size limit restrictions and filet
regulations prevent commercial
passenger fishing vessel (CPFV)
operators and recreational anglers from
fileting all species aboard the vessel at
sea since, regulations that require fish
with a size limit, but no filet length
requirement, must be landed whole (50
CFR 660.360(c)(3)(ii)(D)). This process
increases time and cost as anglers need
to wait to filet certain species when they
return to port. These changes are
anticipated to reduce operational
constraints for CPFVs. See the Council
Analytical Document (Agenda Item F.6
Attachment 2, June 2024) for more
information on these proposed changes.
I. Exempted Fishing Permits
Issuing EFPs is authorized by
regulations implementing the MSA at 50
CFR 600.745, which state that EFPs may
be used to authorize fishing activities
that would otherwise be prohibited.
At its June 2024 meeting, the Council
recommended that NMFS approve two
EFP applications for the 2025 fishing
year and preliminarily approve the EFP
applications for the 2026 fishing year.
The Council considers EFP applications
concurrently with the biennial harvest
specifications and management process
because expected catch under most EFP
PO 00000
Frm 00018
Fmt 4701
Sfmt 4702
projects is included in the catch limits
for groundfish stocks. All of the EFP
applications for 2025–26 are renewals
from previous biennia. A summary of
each EFP application is provided below:
• Groundfish EFP Proposal—Yearround Coastwide Midwater Rockfish
EFP: Monitoring and Minimizing
Salmon Bycatch When Targeting
Rockfish in the Shorebased IFQ Fishery,
2025–2026: West Coast Seafood
Processors, Oregon Trawl Commission,
Midwater Trawlers Cooperative, and the
Environmental Defense Fund submitted
a renewal application to continue
research that has been conducted since
2017; the multi-year EFP project is
collectively referred to as the ‘‘Trawl
Gear EFP.’’ The purpose of the EFP is
for vessels participating in the West
Coast Groundfish Trawl Rationalization
Program’s Limited Entry Shorebased
IFQ Program to test whether removing
certain gear, time, and area restrictions
may impact the nature and extent of
bycatch of protected and prohibited
species (i.e., Chinook salmon, coho,
eulachon, and green sturgeon). The EFP
project would require exemptions for
vessels fishing with bottom trawl
groundfish gear from: (1) the
requirement to use selective flatfish
trawl gear, and the prohibition on using
small footrope gear other than selective
flatfish trawl gear between 42° and
40°10′ N lat. and shoreward of the
boundary line approximating the 100 fm
depth contour (see 50 CFR
660.130(c)(2)(i) and (c)(2)(ii)); and (2)
the requirement that selective flatfish
trawl must be a two-seamed net with no
more than two riblines, excluding the
codend (see 50 CFR
660.130(b)(1)(ii)(A)). The EFP project
would require exemptions for vessels
fishing with midwater trawl groundfish
gear from: (1) the prohibition on fishing
outside the primary season dates for the
Pacific whiting IFQ fishery (see 50 CFR
660.112(b)(1)(x) and § 660.130(c)(3));
and (2) the prohibition on fishing south
of 40°10′ N lat. shoreward of the
boundary line approximating the 150 fm
depth contour (see § 660.130(c)(3)(ii)
and (c)(4)(ii)(B)). The EFP project would
require exemptions for vessels fishing
with either midwater or bottom trawl
groundfish gear from: (1) the prohibition
on retaining certain prohibited species
(see § 660.12 (a)(1)); and (2) the
requirement to discard certain
prohibited species at sea (see § 660.140
(g)(1)). If this EFP is approved, NMFS
would set a bycatch limit of 1,000
Chinook salmon north of 42° N lat. and
100 Chinook salmon south of 42° N lat.
for vessels declared into the EFP,
regardless of gear type. If either of these
E:\FR\FM\29AUP2.SGM
29AUP2
lotter on DSK11XQN23PROD with PROPOSALS2
Federal Register / Vol. 89, No. 168 / Thursday, August 29, 2024 / Proposed Rules
bycatch limits are reached, NMFS
would revoke the EFP for both gear
types in the respective management area
(i.e., north or south of 42° N lat.).
Participating vessels would also be
required to retain all salmon (excluding
salmon already sampled by NMFS’ West
Coast Groundfish Observer Program)
until offloading. If approved, NMFS
would authorize up to 60 vessels to
participate in the EFP.
• Groundfish EFP Proposal—
California Department of Fish and
Wildlife 2025–2026 EFP: The CDFW
submitted a renewal application for
research that has been conducted since
2021. The purpose of the EFP project is
to collect fishery-dependent biological
data for cowcod for inclusion in future
stock assessments. For the 2025–26
biennium, CDFW added yelloweye
rockfish and California quillback
rockfish to this scope to also collect
fishery-dependent biological data for
these species. The EFP project would
require an exemption from the
prohibition on retention of cowcod,
yelloweye rockfish, and California
quillback rockfish in the California
recreational fishery (see § 660.360(c)(3)).
The EFP would also provide that any
cowcod, yelloweye rockfish, or
California quillback rockfish taken and
retained would not count against the
recreational bag limit for the aggregate
of rockfish, cabezon, and greenlings. If
approved, NMFS would authorize up to
30 vessels that participate in the
California recreational CPFV fishery to
retain these species for transfer to
CDFW groundfish staff upon landing.
Neither of these EFP projects request
set-asides as off-the-top deductions from
the 2025–26 applicable ACLs. For the
Trawl Gear EFP, landings and discards
of IFQ species would be accounted for
through the participating vessel’s IFQ.
For the CDFW EFP, all mortality is
expected to occur in conjunction with
routine recreational fishing activities
and would be calculated as part of the
normal recreational catch estimation
process. NMFS would not require 100
percent observer coverage for vessels
participating in the CDFW EFP project
because recreational vessels do not meet
the minimum size requirements under
Federal regulations to carry an observer.
NMFS does not expect any impacts to
the environment, essential fish habitat,
or protected or prohibited species from
these EFPs beyond those analyzed for
the groundfish fishery as a whole in
applicable biological opinions (available
at https://www.fisheries.noaa.gov/
species/west-coast-groundfish#
management), the draft Analysis (see
ADDRESSES), or the EA for the 2018
Trawl Gear EFP dated December 2017
VerDate Sep<11>2014
20:56 Aug 28, 2024
Jkt 262001
(available at: https://
www.fisheries.noaa.gov/region/westcoast).
After publication of this document in
the Federal Register, NMFS may
approve and issue permits for the
proposed EFP projects for the 2025
fishing year after the close of the public
comment period. Both EFP applications
are available under ‘‘Supporting and
Related Materials’’ (see ADDRESSES).
NMFS will consider comments
submitted in deciding whether to
approve the applications as requested.
NMFS may approve the applications in
their entirety or may make any
alterations needed to achieve the goals
of the EFP projects. NMFS would not
issue another Federal Register notice
soliciting public comment on renewing
these EFP projects for 2026 unless: (1)
the applicants modify and resubmit
their applications to NMFS; (2) changes
to relevant fisheries regulations warrant
a revised set of exemptions authorized
under the EFP projects; or (3) NMFS’
understanding of the current biological
and economic impacts from EFP fishing
activities substantially changes.
J. Permit Program for the Directed Open
Access Fishery Sector
NMFS is proposing, consistent with
the Council’s recommendation, a new
permit program for the directed OA
sector. The directed OA fishery is
defined in 50 CFR 660.11 under ‘‘open
access fishery’’ and includes those
vessels targeting groundfish pursuant to
the OA regulations under Part 660
subpart F. It does not include vessels
that retain groundfish incidentally to
non-groundfish target species (e.g., the
salmon troll fishery, which often retains
incidentally caught groundfish).
The purpose of this new management
measure is to better track and account
for participation in the directed OA
sector, thus enabling the Council and
NMFS to better account for impacts to
and from this sector. The directed OA
sector has grown substantially since it
was first established alongside the LE
sectors in amendment 6 to the PCGFMP
(57 FR 54001; Nov 16 1992). Although
the Council can generally identify
participants via landing receipts and
declarations, the lack of an official
registry of directed OA participants has
created ongoing challenges with: (1)
developing management measures for
the directed OA fishery; (2)
communicating new regulations to the
directed OA sector (e.g., the non-trawl
logbook), and; (3) the West Coast
Groundfish Observer Program’s ability
to target and sample specific gear types
in this sector. This permit program
would help alleviate these challenges,
PO 00000
Frm 00019
Fmt 4701
Sfmt 4702
70423
as NMFS would have an official list of
the participants with their contact and
vessel information, as well as advanced
notice of when they intend to
participate in the directed OA fishery.
Additionally, the ability to better tailor
observer coverage to this sector would
help verify impacts from non-bottom
contact hook-and-line gear types that
were recently approved for use inside
the Non-Trawl RCA starting in 2023 (87
FR 77007; January 1, 2023).
The permit program would require
vessels that intend to participate in the
directed OA sector to register their
information, pay an administrative fee,
and obtain a permit on an annual basis.
Permits would expire on the last day of
the birth month of the permit holder.
The number of permits would not be
capped. Permits will be assigned to a
vessel owner per vessel (i.e., if an owner
intends to use two vessels in the
directed OA fishery, they would need to
obtain two permits, one for each vessel).
Applications would be available yearround with an estimated 2-week
turnaround between when an applicant
submits a complete application and
when a permit would be issued;
therefore, directed open access
participants would need to do some
short-term planning ahead for their
participation in the sector. NMFS
proposes to use its existing web-based
application with digital submission and
delivery of the permit applications and
to allow participants to provide either
digital or paper proof of permit upon
request. Required application
information would include vessel
ownership documentation from either
the U.S. Coast Guard or state registration
form. Permit lists would be shared with
the WCGOP for observer selection
purposes.
All permits issued by NMFS carry an
administrative cost, per the
requirements for user fees based on the
provision of a service. These costs vary
based on the administrative costs of
receiving applications, reviewing
applications and any association
required documentation, and issuing
permits as a factor of the number of
expected applications. The amount of
the fee would be determined in
accordance with the NOAA Finance
Handbook available at https://
www.corporateservices.noaa.gov/
finance/documents/
NOAAFinanceHBTOC_09.06.19.pdf and
would be specified on the application
form. The fee may not exceed the
administrative costs and must be
submitted with the application for the
application to be considered complete.
Annual permit fees across West Coast
fisheries currently range from $18 for
E:\FR\FM\29AUP2.SGM
29AUP2
70424
Federal Register / Vol. 89, No. 168 / Thursday, August 29, 2024 / Proposed Rules
lotter on DSK11XQN23PROD with PROPOSALS2
the limited entry drift gillnet permit to
$170 for the groundfish limited entry
permit. Permit fees are recalculated on
a regular basis and may decrease after
initial implementation due to on-going
operating costs being lower than
administrative costs. NMFS expects the
cost of the directed open access permit
to be on the lower end of the cost range.
NMFS may require that fishermen
provide vessel monitoring system (VMS)
information during the application
process for a directed OA permit. The
purpose of this requirement would be to
ensure that all directed OA permittees
are in compliance with VMS
regulations. If NMFS chooses to require
VMS information, notification will be
provided in the final rule. NMFS
welcomes public comment on this
potential requirement. Additionally,
NMFS may also restrict the ability to
dual declare both a directed OA
declaration code (codes 33 through 37 at
§ 660.13(d)(4)(iv)(A) and an IOA
declaration code. The purpose of this
restriction would be to better delineate
directed OA fishermen from IOA
fishermen. If NMFS chooses to move
forward with this restriction, additional
language would be added to
§ 660.13(d)(4)(iv) specifying the
restriction in the final rule. NMFS also
welcomes public comment on this
potential restriction.
When the permit program is
established, NMFS will do appropriate
outreach to communicate instructions to
the fleet. For more information on this
new management measure see Council
Analytical Document (Agenda Item F.6
Attachment 2, June 2024) and the NMFS
report from the June 2024 Council
meeting (Agenda Item F.6.a NMFS
Report 1, June 2024).
K. Update Electronic Monitoring
Program Discard and Retention
Requirements
NMFS is proposing, consistent with
the Council’s recommendation,
modifications to the regulations
pertaining to discard and retention
requirements in the Electronic
Monitoring (EM) program for non-IFQ
species, to include sablefish and rex
sole, and to exclude California halibut.
An EFP project designed to test EM to
determine its efficacy for monitoring the
groundfish trawl fishery and the at-sea
Pacific whiting fishery, in lieu of human
observers, occurred from 2015–2023.
During the past 8 years, the Pacific
States Marine Fisheries Commission has
conducted video review analysis of EM.
Improved catch handling from vessel
crew, as well as the improved ability to
reliably identify more species on camera
from video reviewers over time has
VerDate Sep<11>2014
20:56 Aug 28, 2024
Jkt 262001
resulted in the allowable discards list to
expand under the EFP. However,
inadvertently, both sablefish and rex
sole have been missing from the discard
list specified in regulation, whereas the
Vessel Monitoring Plan does list these
stocks. Additionally, as currently
written, the regulations are in conflict
with regard to the rules for California
halibut catch handling. The regulations
require vessels to discard the non-IFQ
species California halibut ‘‘except as
allowed by state regulations’’ at 50 CFR
660.604(p)(4)(ii), but under 50 CFR
660.604(p)(4)(i), the vessel must retain
this species. The addition of sablefish
and rex sole to the existing list in
regulations, and removing California
halibut from them, would align current
practices under the EFP.
L. Shortspine Thornyhead Allocation
Framework
The Council recommended, and
NMFS is proposing, modifying the
allocation framework for shortspine
thornyhead. These modifications would
include removing the management line
at 34°27′ N lat. and combining the areaspecific ACLs, off-the-top deductions,
HGs, and trawl/non-trawl allocations
that would have otherwise been
assigned north and south of 34°27′ N lat.
Shortspine thornyhead’s allocation
structure was established via
amendment 21 to the PCGFMP (see
pcouncil.org). It has a coastwide OFL
and ABC, and two area-specific ACLs
and fishery HGs for north and south of
34°27′ N lat. The ACL apportionment
method is based on the available data
(2003–2012) from the NWFSC WCGBT
survey at the time of the previous
assessment conducted in 2013, which
has resulted in approximately 70
percent of the biomass estimated north
of 34°27′ N lat. for the past 5 years
(Agenda Item E.5.a, Supplemental GMT
Report 1, November 2023). For north of
34°27′ N lat., the trawl sector is
allocated 95 percent of the HG and the
non-trawl sector is allocated 5 percent
of the HG. For south of 34°27′ N lat., the
trawl sector is allocated a fixed 50 mt of
the HG, and the non-trawl sector
receives the remainder of the HG. Thus,
the percent allocation of each sector’s
HG in the area south of 34°27′ N lat. has
fluctuated from year to year, depending
on the biomass of the stock and
resulting ACL and HG.
As a result of the 2023 stock
assessment (Agenda Item G.2
Attachment 4, September 2023), which
indicates the stock will be in the
precautionary zone, shortspine
thornyhead ACLs in the 2025–26
biennium are expected to be
constraining for both the trawl and non-
PO 00000
Frm 00020
Fmt 4701
Sfmt 4702
trawl sectors in the area north of 34°27′
N lat. For the trawl sector in the north,
there would be substantial IFQ
reductions. For the non-trawl sector in
the north, trip limits for the LEFG
fishery would have to be so low that a
targeted fishery is unlikely to be viable.
Shortspine thornyhead has been
chronically under-attained in the area
south of 34°27′ N lat.; therefore,
combining the trawl and non-trawl
allocations into coastwide allocations
would allow for more flexible use in
issuing trawl quota and setting nontrawl trip limits. The stock occurs
coastwide without known finer-scale
population structure. The separate ACLs
are a relic of the management system,
rather than a tool to address any
biological or ecological issue. To
achieve the proposed combination, the
Council and NMFS would change
shortspine thornyhead to a 2-year
allocation species (i.e., trawl/non-trawl
allocation amounts would be set
biennially as opposed to specified in the
PCGFMP) and set a coastwide ACL and
HG (as opposed to two area-specific
ACLs and HGs) for 2025 and beyond.
The trawl/non-trawl allocation at the
outset of the recombination in 2025
would be 64 percent of the HG to the
trawl sector and 36 percent of the HG to
the non-trawl sector. For 2026, the
Council recommended that 71 percent
of the coastwide HG be allocated to the
trawl sector and 29 percent of the HG be
allocated to the non-trawl sector. These
allocation amounts may be revisited by
the Council in future biennia.
Shortspine thornyhead was recently
defined as a coastwide stock via
amendment 31 (88 FR 78677; November
16, 2023). Therefore, the removal of the
management line is consistent with the
best scientific information available,
which indicates there is no biological
need for different management strategies
north and south of 34°27′ N lat.
However, recent data from the NWFSC
WCGBT survey indicates that
approximately 70 percent of the stock
has resided north of 34°27′ N lat. and 30
percent has resided south in the past 5
years, and the separate ACLs had been
apportioned accordingly. Since this new
management measure would create a
coastwide allocation, there will likely be
more effort in the area north of 34°27′
N lat., than there otherwise would be if
the management line were not removed
and the area-specific ACLs and HGs
remained. Consequently, the Council
recommended the continuation of
setting different trip limits for the LEFG
and OA fisheries north and south of
34°27′ N lat. to maintain their ability to
manage effort in each area. The
E:\FR\FM\29AUP2.SGM
29AUP2
Federal Register / Vol. 89, No. 168 / Thursday, August 29, 2024 / Proposed Rules
lotter on DSK11XQN23PROD with PROPOSALS2
proposed trip limits are provided in
table 2b (LEFG) and table 3b (OA) in the
regulatory changes presented in this
proposed rule. The Council also
recommended setting an ACT in the
area north of 34°27′ N lat. This would
provide a mechanism to slow the
concentration of effort in the northern
non-trawl fishery. The proposed ACTs
for shortspine thornyhead are 67 mt and
55 mt for 2025 and 2026, respectively.
For more information on this
management measure, see the Council
Analytical Document (Agenda Item F.6
Attachment 2, June 2024).
M. Requirement for Recreational Vessels
To Possess a Descending Device
NMFS is proposing, consistent with
the Council’s recommendation, a new
management measure that would
require recreational vessels fishing in
Federal waters seaward of Washington,
Oregon, or California, to possess a
functional descending device. A
descending device is a tool used to
return fish that suffer from barotrauma
to depth of capture. Barotrauma is a
condition caused by rapid
decompression when a fish is reeled up
from depth (high pressure) to the
surface (low pressure), which can cause
multiple physiological changes, notably
an inflated swim bladder. When
rockfish suffering from barotrauma are
released at the surface, their ability to
return to depth on their own is
compromised due to the inability of the
fish to vent the gas from the swim
bladder. This can result in increased
mortality, either due to surface
depredation (e.g., from birds, marine
mammals, etc.) or physiological trauma.
Returning a fish to depth can reverse the
physiological effects of barotrauma and
can reduce mortality of released fish.
Therefore, this new management
measure would reduce mortality of
rockfish species in the Pacific Coast
groundfish recreational fisheries by
increasing the likelihood that discarded
species will be returned to depth.
The requirement would be one
functional descending device per vessel,
regardless of the number of anglers
onboard. Although each of the
respective states have their own
requirements, those requirements are
only applicable in State waters. This
management measure would apply to
any vessel fishing for groundfish under
recreational catch limits in Federal
waters, thus creating continuity across
state and Federal regulations. Anglers
would be required to present the
descending device at the request of an
enforcement officer. For information on
this management measure, see the
Analysis.
VerDate Sep<11>2014
20:56 Aug 28, 2024
Jkt 262001
N. Modification to Continuous Transit
Limitations for California Recreational
Vessels
NMFS is proposing, consistent with
the Council’s recommendation,
modifications to the continuous transit
regulations for California recreational
vessels. These changes would allow
recreational vessels to stop and/or
anchor in Federal waters shoreward of
a Recreational RCA line, provided that
no hook-and-line gear is deployed. At
their September 2023 meeting, the
Council recommended that California
recreational fishing vessels be required
to fish seaward of the Recreational RCA
line (i.e., the 50 fm depth contour, a
management measure also known as the
‘‘offshore fishery’’) for the remainder of
2023, consistent with California state
action implemented on August 21, 2023.
The purpose of this action was to
protect nearshore-dwelling California
quillback rockfish, a stock that was
declared overfished by NMFS in
December 2023. Like other groundfish
closures that exist in Federal waters,
continuous transit rules apply when a
Recreational RCA line is in effect, which
means recreational vessels may only be
transiting shoreward of 50 fm depth
contour on their way back to port (see
50 CFR 660.360(c)(3)(i)(a)). Industry
representatives brought up early
concerns that these continuous transit
rules, in conjunction with similar transit
rules that were applicable in California
state waters at the time, prevent
recreational vessels from: (1) anchoring
overnight on multi-day charter trips,
either planned or for safety shoreward
of 50 fm (91 m), and (2) anchoring to
fish for non-groundfish species (e.g.,
lobster or Dungeness crabs with traps)
shoreward of 50 fm (91 m). The lack of
ability to do these activities creates
significant safety-at-sea concerns and
forces charter companies to cancel
fishing trips that typically offer a variety
of target species, both groundfish and
non-groundfish (primarily invertebrate
targets).
NMFS took temporary emergency
action to modify the continuous transit
regulations for the 2024 fishing year (89
FR 22352; April 1, 2024). The Council
recommended the same modifications
be made permanent through this action
for the 2025–26 biennium and beyond.
Similar to the emergency action (89 FR
22352; April 1, 2024), this new
management measure is expected to
prevent the cancellation of thousands of
multi-day or groundfish/non-groundfish
recreational fishing trips. For more
information on this management
measure, see the Analysis.
PO 00000
Frm 00021
Fmt 4701
Sfmt 4702
70425
O. Change to the Scientific Name of
Pacific Sand Lance and the Common
Name of Pacific Spiny Dogfish
NMFS is proposing, consistent with
the Council’s recommendation,
administrative changes to the
regulations that would correct the
scientific name of Pacific sand lance
and the common name of Pacific spiny
dogfish. The scientific name for Pacific
sand lance at § 660.5(a) is incorrectly
listed as Ammodytes hexapterus. The
correct scientific name for this species
is Ammodytes personatus. The common
name for spiny dogfish (Squalus
suckleyi) has changed to include
‘‘Pacific’’ thus the correct common
name is Pacific Spiny Dogfish.
P. Rebuilding Plan for California
Quillback Rockfish
NMFS is proposing, consistent with
the Council’s recommendation, the
implementation of a rebuilding plan for
quillback rockfish off California. NMFS
declared quillback rockfish off
California overfished in December 2023
in response to a data-moderate
assessment conducted by the NWFSC in
2021 (Agenda Item E.2, Attachment 4,
November 2021). When NMFS declares
a stock overfished, the Council must
develop and manage the stock in
accordance with a rebuilding plan (50
CFR 600.310(j)), which must include
certain rebuilding parameters, including
Tmin, Tmax, and Ttarget. Tmin means
the amount of time the stock or stock
complex is expected to take to rebuild
to its MSY biomass level in the absence
of any fishing mortality (50 CFR
600.310(j)(3)(i)(A)). Tmax means the
maximum time for rebuilding a stock or
stock complex to its MSY biomass and
can be 10 years or more depending on
the value of Tmin (50 CFR
600.310(j)(3)(i)(B)). If Tmin for the stock
or stock complex exceeds 10 years, then
Tmax must be calculated as Tmin plus
the length of time associated with one
generation time for that stock or stock
complex. ‘‘Generation time’’ is the
average length of time between when an
individual is born and the birth of its
offspring. Ttarget means the specified
time period for rebuilding a stock that
is considered to be as short a time as
possible, taking into account the status
and biology of the overfished stock, the
needs of fishing communities,
recommendations by international
organizations in which the U.S.
participates, and interaction of the stock
within the marine ecosystem (50 CFR
600.310(j)(3)(i)(C) and 50 CFR
600.310(j)(3)(i)). In March 2024, the
Council adopted the California
quillback rockfish rebuilding analysis
E:\FR\FM\29AUP2.SGM
29AUP2
70426
Federal Register / Vol. 89, No. 168 / Thursday, August 29, 2024 / Proposed Rules
(Agenda Item F.2 Attachment 1, March
2024), which specified the following
rebuilding parameters: Tmin = 2045,
Tmax = 2071, and mean generation time
of 26 years. Ttarget (2060) was selected
by the Council based on the chosen
rebuilding strategy described below.
To meet rebuilding plan
requirements, the Council considered a
range of alternative harvest control rules
during the development of this action
(Agenda Item F.6 Supplemental Revised
Attachment 3, June 2024). The four
harvest control rules considered
include: (1) Alternative 1¥ACL SPR =
0.55 < ABC P* 0.45; (2) Alternative
2¥the ABC rule, P* 0.45; (3) Alternative
3¥CDFW alternative; and (4)
Alternative 4¥F = 0. The Council
considered but removed Alternative 1
and Alternative 3 from further
consideration at the April 2024 meeting.
Alternative 1 would rebuild the stock by
2071 (Tmax), however, the Council
rejected Alternative 1 as, when
compared to Alternative 2, Alternative 1
delays rebuilding by two years and with
a lower probability of rebuilding (69.4
percent) by Tmax. Alternative 3 was not
selected for further consideration
because it failed to meet technical and
legal requirements, as it would result in
a catch limit substantially higher than
the SSC-recommended OFL. Alternative
4 (F = 0) represents a harvest strategy
that achieves zero fishing mortality and
rebuilds the stock in the minimum
amount of time. This strategy has a 50
percent probability of rebuilding the
stock by 2045 and a 99.9 percent
probability of rebuilding by 2071
(Tmax); however, to achieve F=0, all
groundfish and non-groundfish fisheries
that encounter California quillback
rockfish would need to be closed, which
would cause devastating short-term
economic impacts to California fishing
communities. Table 14 below shows
what the resulting harvest specifications
would be under each rebuilding strategy
for comparison.
TABLE 14—HARVEST SPECIFICATIONS FOR OFL AND ACL RESULTING FROM REBUILDING STRATEGIES GIVEN THE
ASSUMED REMOVALS FOR 2021–2024
Harvest control rule a
CA quillback rockfish
2025 OFL/ACL (mt) .....................................................................................................................
2026 OFL/ACL (mt) .....................................................................................................................
SPR ..............................................................................................................................................
TTARGET .......................................................................................................................................
TMAX .............................................................................................................................................
Probability of recovery by TMAX ...................................................................................................
lotter on DSK11XQN23PROD with PROPOSALS2
a Alternative
SPR 0.55
ABC rule
(P* 0.45)
F=0
(i.e., no fishing
mortality)
1.52/1.26
1.77/1.47
0.55
2062
2071
0.694
1.52/1.30
1.77/1.50
........................
2060
2071
0.736
1.52/0
1.81/0
1.0
2045
2071
0.999
3 is not included in this table because it was not part of the range included in the rebuilding analysis.
NMFS is proposing, consistent with
the Council’s recommendation, the ABC
control rule as the rebuilding plan
harvest strategy (Alternative 2). This
rebuilding strategy sets the ABC by
applying the maximum management
risk tolerance (P* 0.45) and the standard
scientific uncertainty (time-varying s)
reduction to the OFL. As shown in the
Analysis, this rebuilding strategy has a
50 percent probability of rebuilding the
stock by 2060 (Ttarget) and 73.6 percent
probability of rebuilding by 2071.
Accordingly, this alternative will
rebuild the stock within the MSAmandated timeframe, while still
providing some fishing opportunity to
meet the needs of the fishing
communities.
The Analysis explains that if the
rebuilding plan were set to rebuild the
stock as fast as possible (i.e., F = 0), the
necessary full fishery closures across all
groundfish fisheries off of California
would devastate numerous fishing
businesses and communities. Given the
target length of time to rebuild under
the F = 0 strategy, it’s likely that many
California communities could lose vital
infrastructure that would impede future
engagement in the groundfish fisheries
even after California quillback rockfish
VerDate Sep<11>2014
Alternative 2
Alternative 4
Alternative 1
20:56 Aug 28, 2024
Jkt 262001
was rebuilt. Therefore, the Council
recommended, and NMFS is proposing,
slower rebuilding in order to allow for
very limited mortality of co-occurring
quillback rockfish, so that other healthy
groundfish targets can be caught in
recreational and commercial fisheries.
For additional information on the range
of alternative harvest control rules
considered, see the Analysis.
As noted above, the majority of
quillback rockfish fishing mortality
occurs in state waters. The proposed
rebuilding plan only applies in the EEZ.
NMFS expects to work cooperatively
with the CDFW on any measures the
state deems fit to apply in state waters
to support rebuilding throughout the
stock’s range. Mortality of California
quillback rockfish in state waters will be
deducted from the Federal ACL.
Q. Corrections
This rulemaking proposes minor
corrections to the regulations at 50 CFR
part 660. These minor corrections are
necessary to reduce confusion and
inconsistencies in the regulatory text,
alleviate enforcement challenges, and
ensure the regulations accurately
implement the Council’s intent.
PO 00000
Frm 00022
Fmt 4701
Sfmt 4702
At § 660.11, NMFS proposes to
remove the definition for
‘‘grandfathered or first generation’’
because it is a term that is no longer
used in Federal regulations.
At § 660.13, NMFS proposes to make
various changes to the non-trawl
logbook regulations. First, at
§ 660.13(a)(3)(ii)(A) and (B), NMFS
proposes amending the regulations to
clarify that information on setting and
retrieving gear must be recorded for
every set. The regulations as written:
‘‘Logbook entries for setting gear,
including vessel information, gear
specifications, set date/time/location,
must be completed within 2 hours of
setting gear’’ have led to enforcement
challenges because some fishermen
have interpreted the regulations to mean
that they are only required to record
information once all of their gear is
deployed (i.e., if they set a portion of
their gear on one day, and the rest of
their gear the next day, they interpret
that to mean the 2-hour requirement
starts after the last piece of gear is set).
Amending these regulations will clarify
that the 2-hour and 4-hour requirements
for setting and retrieving gear apply to
each individual set. Second, at
§ 660.13(a)(3)(ii)(A) and (B), NMFS is
E:\FR\FM\29AUP2.SGM
29AUP2
lotter on DSK11XQN23PROD with PROPOSALS2
Federal Register / Vol. 89, No. 168 / Thursday, August 29, 2024 / Proposed Rules
proposing to clarify that all logbook
information, whether recorded inside or
outside of the electronic application,
must be available at-sea for review by an
enforcement officer. The regulations as
written: ‘‘Information recorded outside
of the logbook entry must be available
for review at-sea by authorized law
enforcement personnel upon request’’
have led to enforcement challenges
because some fishermen have
interpreted the regulations to mean they
are only required to show enforcement
officers logbook data that they have
recorded outside of the electronic
application. Amending these regulations
will clarify that all logbook data,
whether recorded in the electronic
application or by some other method,
must be available for review by an
enforcement officer. Last, NMFS
proposes to remove the paragraph at
§ 660.13(a)(4), as the non-trawl paper
logbook provision will expire at the end
of 2024 and this regulation will no
longer be relevant starting in 2025.
At § 660.55(i)(2), NMFS proposes to
clarify that at-sea set-asides are
described in the biennial specifications
process and not ‘‘in Tables 1D and 2D
of this subpart’’ as currently stated.
At § 660.60(c)(1)(i), NMFS proposes to
remove the cross reference to
‘‘(c)(1)(i)(A) and (B) of this section’’ as
those references no longer exist.
At § 660.60(g) and § 660.65, NMFS
proposes to clarify language about how
catch of groundfish species in state
waters is accounted for under Federal
harvest specifications.
At § 660.140(g), NMFS proposes to
add a sentence clarifying that IFQ
species with discard mortality rates
(DMRs) should be appropriately
accounted for when deducting discard
amounts from quota pounds (QP) in
vessel accounts. As currently written,
the regulations state that discarded
species must be accounted for and
deducted from QP in vessels accounts,
but it does not state that the species
with reduced discard amounts because
of DMRs should be accounted for when
deducting discard amounts from QP in
vessels accounts. Revising this
regulation would clarify that IFQ
species with DMRs should also be
accounted for when deducting discard
amounts from QP in vessel accounts.
At § 660.230 and § 660.330(b), NMFS
is proposing to remove the 25-hook
maximum limit on each mainline. As
written, the regulations preclude
fishermen from adjusting the number of
hooks on mainlines if they are using
fewer than four mainlines. For example,
if a fisherman chooses to only have two
mainlines in the water, then the intent
of the regulations is to allow a
VerDate Sep<11>2014
20:56 Aug 28, 2024
Jkt 262001
maximum of 50 hooks on each
mainline. However, as written, the
fisherman would still only be able to
use 25 hooks per mainline. The gear
specifications require that no more than
100 hooks may be in the water,
therefore, removing the 25-hook
maximum will not change the intent of
the regulations.
At § 660.231, NMFS is proposing to
revise the paragraph at (b)(3)(iv) to
improve readability. The purpose of
these revisions is to make the regulatory
text less confusing for fishermen and
enforcement to interpret. No substantive
changes to this regulation are being
proposed.
IV. Classification
Pursuant to § 304(b)(1)(A) and 305(d)
of the MSA, the NMFS Assistant
Administrator has determined that this
proposed rule is consistent with the
PCGFMP, other provisions of the MSA,
and other applicable law, subject to
further consideration after public
comment. In making its final
determination, NMFS will take into
account the complete record, including
the data, views, and comments received
during the comment period.
Pursuant to Executive Order 13175,
this proposed rule was developed after
meaningful consultation and
collaboration with Tribal officials from
the area covered by the PCGFMP. Under
the MSA at 16 U.S.C. 1852(b)(5), one of
the voting members of the Council must
be a representative of an Indian Tribe
with federally recognized fishing rights
from the area of the Council’s
jurisdiction. In addition, regulations
implementing the PCGFMP establish a
procedure by which the Tribes with
treaty fishing rights in the area covered
by the PCGFMP request new allocations
or regulations specific to the Tribes, in
writing, before the first of the two
meetings at which the Council considers
groundfish management measures. The
regulations at 50 CFR 660.50 further
direct NMFS to develop Tribal
allocations and regulations in
consultation with the affected Tribes.
The Tribal management measures in
this proposed rule have been developed
following these procedures. The Tribal
representative on the Council made a
motion to adopt the non-whiting Tribal
management measures, which was
passed by the Council. Those
management measures, which were
developed and proposed by the Tribes,
are included in this proposed rule.
This proposed rule has been
determined to be not significant for
purposes of Executive Order 12866.
NMFS prepared an Analysis for this
action, which addresses the statutory
PO 00000
Frm 00023
Fmt 4701
Sfmt 4702
70427
requirements of the MSA, Presidential
Executive Order 12866, and the RFA.
The full suite of alternatives analyzed
by the Council can be found on the
Council’s website at www.pcouncil.org.
NMFS addressed the statutory
requirements of the NEPA through
preparation of an EA, which is included
in the Analysis. This action announces
a public comment period on the draft
EA (see ADDRESSES).
The Chief Counsel for Regulation of
the Department of Commerce certified
to the Chief Counsel for Advocacy of the
Small Business Administration that this
proposed rule, if adopted, would not
have a significant economic impact on
a substantial number of small entities.
The following small entities may be
affected by this action: (1) an estimated
6 businesses primarily engaged in
seafood product preparation and
packaging and employing 750 or fewer
persons; (2) an estimated 1,019
commercial fishing businesses with less
than $11 million in annual gross
receipts; (3) an estimated 357 charter
fishing boats all of which are assumed
to have annual receipts of less than $7.5
million and are therefore considered to
be small businesses; (4) one
governmental jurisdiction, with a
population of less than 50,000 persons,
and therefore considered small;(5) an
estimated five not-for-profit
organizations with combined annual
receipts of less than $7.5 million; and
(5) an estimated eight small trust,
estates, and agency accounts with
annual receipts of less than $32.5
million.
The purpose of this proposed rule is
to conserve Pacific Coast groundfish
stocks by preventing overfishing, while
still allowing harvest opportunity
among the various fishery sectors. This
will be accomplished by implementing
the 2025–26 biennial specifications in
the U.S. EEZ off the West Coast. The
harvest specifications affect large and
small entities similarly, and for this
biennium, the catch limit for sablefish
(one of the most profitable stocks) is
increasing, providing benefit to all
participants. Additionally, this
proposed rule contains new
management measures that are likely to
benefit vessels. Specifically, recombining area-specific allocations for
shortspine thornyhead is expected to
relieve economic loss and provide
additional fishing opportunity for nontrawl vessels north of 34°27′ N lat. The
recreational sector may benefit from the
proposed new management measure to
require descending devices on board
fishing vessel. Use of descending
devices is known to reduce discard
mortality, which may lead to potential
E:\FR\FM\29AUP2.SGM
29AUP2
lotter on DSK11XQN23PROD with PROPOSALS2
70428
Federal Register / Vol. 89, No. 168 / Thursday, August 29, 2024 / Proposed Rules
increases in opportunity. Although the
continuation of restrictive management
measures to reduce California quillback
rockfish mortality from the 2023–24
biennium are proposed for continuation
in the 2025–26 biennium, the Council is
proposing a rebuilding plan strategy
(i.e., ABC Rule) that yields a slower
rebuilding timeline than the strategy
with the fastest rebuilding timeline (i.e.,
F=0) in order to provide some fishing
opportunity for co-occurring species.
This is expected to sustain fishing
communities during the rebuilding
timeframe that would otherwise not be
possible under the complete fishery
closures that would be necessary under
F=0. Based on the rationale above and
contained in the Analysis (see
ADDRESSES), NMFS has concluded that
this proposed action would not have a
significant economic impact on a
substantial number of small entities. As
a result, an initial regulatory flexibility
analysis is not required and none has
been prepared.
This proposed rule contains a
collection-of-information requirement
subject to review and approval by the
Office of Management and Budget under
the PRA. This proposed rule revises
existing requirements for information
collection 0648–0203, Northwest Region
Federal Fisheries Permits. The main
change to this collection is the addition
of a new directed groundfish open
access fishery permit. The addition of
this permit will increase the number of
respondents for this collection by 400
respondents. The public reporting
burden for the directed groundfish open
access permit is estimated to average 20
minutes per respondent, including the
time for reviewing instructions,
searching existing data sources,
gathering and maintaining the data
needed, and completing and reviewing
the collection of information. This
results in an additional 133 hours for
the time burden for this collection
(1,953 hours to 2,086 hours). The
additional permit will also result in
additional labor costs of $2,226.67 and
$40,000 in miscellaneous costs to the
public.
NMFS seeks public comment
regarding whether this proposed
collection of information is necessary
for the proper performance of the
functions of the agency, including
whether the information shall have
practical utility. NMFS also seeks public
comment regarding the accuracy of the
burden estimate, ways to enhance the
quality, utility, and clarity of the
information to be collected, and ways to
minimize the burden of the collection of
information, including through the use
of automated collection techniques or
VerDate Sep<11>2014
20:56 Aug 28, 2024
Jkt 262001
other forms of information technology.
Submit comments on these or any other
aspects of the collection of information
at www.reginfo.gov/public/do/PRAMain.
Find this particular information
collection by selecting ‘‘Currently under
review’’ or by using the search function
and entering the title of the collection or
the OMB Control Number.
Notwithstanding any other provision
of the law, no person is required to
respond to, nor shall any person be
subject to a penalty for failure to comply
with, a collection of information subject
to the requirements of the PRA, unless
that collection of information displays a
currently valid OMB Control Number.
List of Subjects in 50 CFR Part 660
Fisheries, Fishing, Reporting and
recordkeeping requirements.
Dated: August 2, 2024.
Samuel D. Rauch, III,
Deputy Assistant Administrator for
Regulatory Programs, National Marine
Fisheries Service.
For the reasons set out in the
preamble, NMFS proposes to amend 50
CFR part 660 as follows:
PART 660—FISHERIES OFF WEST
COAST STATES
1. The authority citation for part 660
continues to read as follows:
■
Authority: 16 U.S.C. 1801 et seq., 16 U.S.C.
773 et seq., and 16 U.S.C. 7001 et seq.
2. Amend part 660 by:
a. Removing the word ‘‘non-coop’’
and adding in its place the word ‘‘noncooperative’’ wherever it appears;
■ b. Removing the word ‘‘coop’s’’ and
adding in its place the word
‘‘cooperative’s’’ wherever it appears;
■ c. Removing the name ‘‘nontrawl
RCA’’ and adding in its place the name
‘‘Non-Trawl RCA’’ wherever it appears;
and
■ d. Removing the word ‘‘nontrawl’’ and
adding in its place the word ‘‘nontrawl’’ wherever it appears.
■ 3. Amend § 660.5 by revising
paragraph (a)(3) to read as follows:
■
■
§ 660.5 Shared Ecosystem Component
Species.
(a) * * *
(3) Pacific sand lance (Ammodytes
personatus)
*
*
*
*
*
■ 4. Amend § 660.11:
■ a. In the definition of ‘‘Conservation
areas(s)’’ by removing paragraph (1)(v);
redesignating paragraphs (1)(vi), (vii),
and (viii) as paragraphs (1)(v), (vi), and
(vii); and revising newly redesignated
paragraphs (1)(vi)(A) and (B);
■ b. By removing the definition of
‘‘Grandfathered or first generation’’;
PO 00000
Frm 00024
Fmt 4701
Sfmt 4702
c. In the definition of ‘‘Groundfish’’ by
revising paragraphs (1) and (7); and
■ d. In the definition of ‘‘Open access
fishery’’ by revising paragraph (1) and
adding paragraph (2).
The revisions and addition read as
follows:
■
§ 660.11
General definitions.
*
*
*
*
*
Conservation area(s) * * *
(1) * * *
(vi) * * *
(A) Trawl (Limited Entry and Open
Access Non-groundfish Trawl Gears)
RCAs. The Trawl RCAs are intended to
protect a complex of species, such as
overfished shelf rockfish species, and
have boundaries defined by specific
latitude and longitude coordinates
approximating depth contours.
Boundaries for the limited entry Trawl
RCA throughout the year are provided
in table 1a (North) subpart D of this part.
Boundaries for the open access nongroundfish Trawl RCA throughout the
year are provided in § 660.333(e).
Boundaries of the Trawl RCAs may be
modified by NMFS inseason pursuant to
§ 660.60(c).
(B) Non-Trawl (Limited Entry Fixed
Gear and Open Access Non-trawl Gears)
RCAs. Non-Trawl RCAs are intended to
protect a complex of species, such as
overfished shelf rockfish species, and
have boundaries defined by specific
latitude and longitude coordinates
approximating depth contours.
Boundaries for the Non-Trawl RCA
throughout the year are provided in
tables 2a (North) and 2a (South) of
subpart E of this part and tables 3a
(North) and 3a (South) of subpart F of
this part and may be modified by NMFS
inseason pursuant to § 660.60(c).
*
*
*
*
*
Groundfish * * *
(1) Sharks: Leopard shark, Triakis
semifasciata; soupfin shark,
Galeorhinus zyopterus; Pacific spiny
dogfish, Squalus suckleyi.
*
*
*
*
*
(7) Rockfish: ‘‘Rockfish’’ in the
PCGFMP include all genera and species
of the family Scorpaenidae that occur
off Washington, Oregon, and California,
even if not listed below, including
longspine thornyhead, Sebastolobus
altivelis, and shortspine thornyhead, S.
alascanus. Where species below are
listed both in a geographic category
(nearshore, shelf, slope) and as an areaspecific listing (north or south of 40°10′
N lat.) those species are managed within
a complex in that area-specific listing.
(i) Nearshore rockfish includes black
rockfish, Sebastes melanops (off
Washington and California) and the
E:\FR\FM\29AUP2.SGM
29AUP2
lotter on DSK11XQN23PROD with PROPOSALS2
Federal Register / Vol. 89, No. 168 / Thursday, August 29, 2024 / Proposed Rules
following nearshore rockfish species
managed in complexes:
(A) Nearshore Rockfish Complex
North of 46°16′ N lat. (Washington):
Black and yellow rockfish, S.
chrysomelas; blue rockfish, S. mystinus;
brown rockfish, S. auriculatus; calico
rockfish, S. dalli; China rockfish, S.
nebulosus; copper rockfish, S. caurinus;
deacon rockfish, S. diaconus, gopher
rockfish, S. carnatus; grass rockfish, S.
rastrelliger; kelp rockfish, S. atrovirens;
olive rockfish, S. serranoides; quillback
rockfish, S. maliger; treefish, S.
serriceps.
(B) Nearshore Rockfish Complex
between 46°16′ N lat. and 42° N lat.
(Oregon): Black and yellow rockfish, S.
chrysomelas; brown rockfish, S.
auriculatus; calico rockfish, S. dalli;
China rockfish, S. nebulosus; copper
rockfish, S. caurinus; gopher rockfish, S.
carnatus; grass rockfish, S. rastrelliger;
kelp rockfish, S. atrovirens; olive
rockfish, S. serranoides; quillback
rockfish, S. maliger; treefish, S.
serriceps.
(C) Black/blue/deacon Rockfish
Complex between 46°16′ N lat. and 42°
N lat. (Oregon): Black rockfish, S.
melanops, blue rockfish, S. mystinus,
and deacon rockfish, S. diaconus.
(D) Nearshore Rockfish Complex
between 42° N lat. and 40°10′ N lat.
(northern California): Black and yellow
rockfish, S. chrysomelas; blue rockfish,
S. mystinus; brown rockfish, S.
auriculatus; calico rockfish, S. dalli;
China rockfish, S. nebulosus; copper
rockfish, S. caurinus; deacon rockfish,
S. diaconus, gopher rockfish, S.
carnatus; grass rockfish, S. rastrelliger;
kelp rockfish, S. atrovirens; olive
rockfish, S. serranoides; treefish, S.
serriceps.
(E) Nearshore Rockfish Complex
South of 40°10′ N lat. (Southern
California): Nearshore rockfish are
divided into three management
categories:
(1) Shallow nearshore rockfish
consists of black and yellow rockfish, S.
chrysomelas; China rockfish, S.
nebulosus; gopher rockfish, S. carnatus;
grass rockfish, S. rastrelliger; kelp
rockfish, S. atrovirens.
(2) Deeper nearshore rockfish consists
of black rockfish, S. melanops; blue
rockfish, S. mystinus; brown rockfish, S.
auriculatus; calico rockfish, S. dalli;
copper rockfish, S. caurinus; deacon
rockfish, S. diaconus; olive rockfish, S.
serranoides; treefish, S. serriceps.
(3) California scorpionfish, Scorpaena
guttata.
(ii) Shelf rockfish includes bocaccio,
Sebastes paucispinis; canary rockfish, S.
pinniger; chilipepper, S. goodei;
cowcod, S. levis; shortbelly rockfish, S.
VerDate Sep<11>2014
20:56 Aug 28, 2024
Jkt 262001
jordani; widow rockfish, S. entomelas;
yelloweye rockfish, S. ruberrimus;
yellowtail rockfish, S. flavidus and the
following shelf rockfish species
managed in complexes:
(A) Shelf Rockfish Complex North of
40°10′ N lat.: Bronzespotted rockfish, S.
gilli; bocaccio, S. paucispinis;
chameleon rockfish, S. phillipsi;
chilipepper, S. goodei; cowcod, S. levis;
dusky rockfish, S. ciliatus; dwarf-red
rockfish, S. rufianus; flag rockfish, S.
rubrivinctus; freckled rockfish, S.
lentiginosus; greenblotched rockfish, S.
rosenblatti; greenspotted rockfish, S.
chlorostictus; greenstriped rockfish, S.
elongatus; halfbanded rockfish, S.
semicinctus; harlequin rockfish, S.
variegatus; honeycomb rockfish, S.
umbrosus; Mexican rockfish, S.
macdonaldi; pink rockfish, S. eos;
pinkrose rockfish, S. simulator; pygmy
rockfish, S. wilsoni; redstripe rockfish,
S. proriger; rosethorn rockfish, S.
helvomaculatus; rosy rockfish, S.
rosaceus; silvergray rockfish, S.
brevispinis; speckled rockfish, S. ovalis;
squarespot rockfish, S. hopkinsi; starry
rockfish, S. constellatus; stripetail
rockfish, S. saxicola; sunset rockfish, S.
crocotulus; swordspine rockfish, S.
ensifer; tiger rockfish, S. nigrocinctus;
vermilion rockfish, S. miniatus.
(B) Shelf Rockfish Complex South of
40°10′ N lat.: Bronzespotted rockfish, S.
gilli; chameleon rockfish, S. phillipsi;
dusky rockfish, S. ciliatus; dwarf-red
rockfish, S. rufianus; flag rockfish, S.
rubrivinctus; freckled rockfish, S.
lentiginosus; greenblotched rockfish, S.
rosenblatti; greenspotted rockfish, S.
chlorostictus; greenstriped rockfish, S.
elongatus; halfbanded rockfish, S.
semicinctus; harlequin rockfish, S.
variegatus; honeycomb rockfish, S.
umbrosus; Mexican rockfish, S.
macdonaldi; pink rockfish, S. eos;
pinkrose rockfish, S. simulator; pygmy
rockfish, S. wilsoni; redstripe rockfish,
S. proriger; rosethorn rockfish, S.
helvomaculatus; rosy rockfish, S.
rosaceus; silvergray rockfish, S.
brevispinis; speckled rockfish, S. ovalis;
squarespot rockfish, S. hopkinsi; starry
rockfish, S. constellatus; stripetail
rockfish, S. saxicola; sunset rockfish, S.
crocotulus; swordspine rockfish, S.
ensifer; tiger rockfish, S. nigrocinctus;
vermilion rockfish, S. miniatus;
yellowtail rockfish, S. flavidus.
(iii) Slope rockfish includes
darkblotched rockfish, Sebastes crameri;
Pacific ocean perch, S. alutus; splitnose
rockfish, S. diploproa; and the following
slope rockfish species managed in
complexes:
(A) Slope Rockfish Complex North of
40°10′ N lat.: Aurora rockfish, S. aurora;
bank rockfish, S. rufus; blackgill
PO 00000
Frm 00025
Fmt 4701
Sfmt 4702
70429
rockfish, S. melanostomus; blackspotted
rockfish, S. melanostictus; redbanded
rockfish, S. babcocki; rougheye rockfish,
S. aleutianus; sharpchin rockfish, S.
zacentrus; shortraker rockfish, S.
borealis; splitnose rockfish, S.
diploproa; yellowmouth rockfish, S.
reedi.
(B) Slope Rockfish Complex South of
40°10′ N lat.: Aurora rockfish, S. aurora;
bank rockfish, S. rufus; blackgill
rockfish, S. melanostomus; blackspotted
rockfish, S. melanostictus; Pacific ocean
perch, S. alutus; redbanded rockfish, S.
babcocki; rougheye rockfish, S.
aleutianus; sharpchin rockfish, S.
zacentrus; shortraker rockfish, S.
borealis; yellowmouth rockfish, S. reedi.
*
*
*
*
*
Open access fishery * * *
(1) Directed open access fishery
means that a fishing vessel is target
fishing (defined at § 660.11) for
groundfish and is only declared into a
directed open access groundfish gear
type or sector as defined in
§ 660.13(d)(4)(iv)(A). In addition to the
requirements in subpart F of this part,
fishing vessels participating in the
directed open access fishery must be
registered to a directed open access
permit described at § 660.25(i) and are
also subject to the non-trawl logbook
requirement at § 660.13(a)(3).
(2) Incidental open access fishery
means that a fishing vessel is retaining
groundfish incidentally to a nongroundfish target species (see
‘‘Incidental catch or incidental
species’’).
*
*
*
*
*
■ 5. Amend § 660.12 by adding
paragraph (a)(22) to read as follows:
§ 660.12
General groundfish prohibitions.
*
*
*
*
*
(a) * * *
(22) Take and retain, possess, or land
groundfish in the directed open access
fishery without having a valid directed
open access permit for the vessel.
*
*
*
*
*
■ 6. Amend § 660.13 by:
■ a. Revising paragraphs (a)(2)(ii) and
(a)(3)(ii)(A) and (B);
■ b. Removing paragraph (a)(4); and
■ c. Revising paragraphs (d)(3), (d)(4)(iv)
introductory text, and (d)(4)(iv)(A)(21),
(23), and (27) through (29).
The revisions read as follows:
§ 660.13
Recordkeeping and reporting.
*
*
*
*
*
(a) * * *
(2) * * *
(ii) The limited entry fixed gear trip
limit fisheries subject to the trip limits
in tables 2b (North) and 2b (South) to
E:\FR\FM\29AUP2.SGM
29AUP2
lotter on DSK11XQN23PROD with PROPOSALS2
70430
Federal Register / Vol. 89, No. 168 / Thursday, August 29, 2024 / Proposed Rules
subpart E of this part, and primary
sablefish fisheries, as defined at
§ 660.211; and
*
*
*
*
*
(3) * * *
(ii) * * *
(A) Setting gear. Logbook entries for
setting gear, including vessel
information, gear specifications, set
date/time/location, must be completed
within 2 hours of setting each piece of
string or gear. The authorized
representative of each vessel may record
or document this information in a
format outside of the electronic logbook
application (e.g., waterproof paper). All
logbook information whether recorded
inside or outside of the electronic
application must be available for
immediate review by at-sea authorized
law enforcement personnel.
(B) Retrieving gear. Logbook entries
for retrieving gear, including date/time
recovered and catch/discard
information, must be completed within
4 hours of retrieving each piece of string
or gear. The authorized representative of
each vessel may record or document
this information in a format outside of
the electronic logbook application (e.g.,
waterproof paper). All logbook
information whether recorded inside or
outside of the electronic application
must be available for immediate review
by at-sea authorized law enforcement
personnel.
*
*
*
*
*
(d) * * *
(3) Declaration reports for open access
vessels using non-trawl gear (all types of
open access gear other than nongroundfish trawl gear). The operator of
any vessel that is not registered to a
limited entry permit or is registered to
a directed open access permit, must
provide NMFS with a declaration
report, as specified at paragraph
(d)(4)(iv) of this section, before the
vessel leaves port on a trip in which the
vessel is used to take and retain or
possess groundfish in the EEZ or land
groundfish taken in the EEZ.
(4) * * *
(iv) Declaration reports will include:
The vessel name and/or identification
number, gear type, and monitoring type
where applicable, (as defined in
paragraph (d)(4)(iv)(A) of this section).
Upon receipt of a declaration report,
NMFS will provide a confirmation code
or receipt to confirm that a valid
declaration report was received for the
vessel. Retention of the confirmation
code or receipt to verify that a valid
declaration report was filed and the
declaration requirement was met is the
responsibility of the vessel owner or
operator. Vessels using non-trawl gear
VerDate Sep<11>2014
20:56 Aug 28, 2024
Jkt 262001
may declare more than one gear type,
with the exception of vessels
participating in the Shorebased IFQ
Program (i.e., gear switching) and those
vessels declaring to fish inside the NonTrawl RCA with non-bottom contact
stationary vertical jig gear or groundfish
troll gear (i.e., if one of these
declarations is used, no other
declaration may be made on that fishing
trip). For the purpose of the directed
open access permit defined at § 660.65,
declaration codes for the directed open
access fishery include codes 33 through
37. Vessels using trawl gear may only
declare one of the trawl gear types listed
in paragraph (d)(4)(iv)(A) of this section
on any trip and may not declare nontrawl gear on the same trip in which
trawl gear is declared.
(A) * * *
(21) Directed open access bottom
contact hook-and-line gear for
groundfish (e.g., bottom longline,
commercial vertical hook-and-line, rod
and reel, dinglebar) (declaration code
33);
*
*
*
*
*
(23) Directed open access groundfish
trap or pot gear (declaration code 34);
*
*
*
*
*
(27) Directed open access non-bottom
contact hook and line gear for
groundfish (e.g., troll, jig gear, rod & reel
gear) (outside the Non-Trawl RCA only)
(declaration code 35);
(28) Directed open access non-bottom
contact stationary vertical jig gear
(allowed inside or outside the NonTrawl RCA) (declaration code 36);
(29) Directed open access non-bottom
contact troll gear (allowed inside or
outside the Non-Trawl RCA)
(declaration code 37);
*
*
*
*
*
■ 7. Amend § 660.14 by revising
paragraph (d)(4)(iii) to read as follows:
*
*
*
*
*
(d) * * *
(4) * * *
(iii) Permit exemption. If the limited
entry permit had a change in vessel
registration so that it is no longer
registered to the vessel (for the purposes
of this section, this includes permits
placed into ‘‘unidentified’’ status), the
vessel may be exempted from VMS
requirements providing the vessel is not
used in a fishery requiring VMS off the
States of Washington, Oregon, or
California (0–200 nm (5.6–370.4 km)
offshore) for the remainder of the fishing
year.
*
*
*
*
*
■ 8. Amend § 660.25 by adding
paragraph (i) to read as follows:
PO 00000
Frm 00026
Fmt 4701
Sfmt 4702
§ 660.25
Permits.
*
*
*
*
*
(i) Directed open access permit—(1)
Permit information. This section applies
to vessels that take and retain, possess,
or land groundfish in the West Coast
groundfish directed open access fishery,
as defined in § 660.11 under ‘‘Open
Access Fishery’’. No person shall take
and retain, possess, or land groundfish
as part of the directed open access
fishery, unless the SFD has issued a
permit valid for the groundfish directed
open access fishery.
(i) Validity. The following section
applies to vessel for permits under this
paragraph (i):
(A) A permit issued under this
paragraph (i) is valid only for the vessel
for which it is registered.
(B) A permit issued under this
paragraph (i) not registered for use with
a particular vessel is not valid.
(C) Only a person eligible to own a
documented vessel under the terms of
46 U.S.C. 12103 may be issued or may
hold a directed open access vessel
permit.
(D) No individual may alter, erase,
mutilate, or forge any permit or
document issued under this section.
Any such permit or document that is
intentionally altered, erased, mutilated,
or forged is invalid.
(ii) Transferability. Permits are not
transferable. A permit issued under this
paragraph (i) is valid only for the vessel
for which it is registered. A change in
ownership, documentation, or name of
the registered vessel, or transfer of the
ownership of the registered vessel will
render the permit invalid.
(A) A vessel owner must contact SFD
if the vessel for which the permit is
issued is sold, ownership of the vessel
is transferred, the vessel is renamed, or
any other reason for which the
documentation of the vessel is changed
as the change may invalidate the current
permit.
(B) In the case where a permit is
invalidated due to a change in
documentation, a new permit
application is required. To submit a new
application, please complete the process
outlined below in paragraph (i)(2) of
this section.
(iii) Civil Procedures. SFD may
suspend, revoke, or modify any permit
issued under this section under policies
and procedures in title 15 CFR part 904,
or other applicable regulations in this
chapter.
(2) Applications. A vessel owner who
wants to engage in the West Coast
groundfish directed open access fishery,
as defined in section § 660.11, must
apply for the directed open access
E:\FR\FM\29AUP2.SGM
29AUP2
lotter on DSK11XQN23PROD with PROPOSALS2
Federal Register / Vol. 89, No. 168 / Thursday, August 29, 2024 / Proposed Rules
permit using the application form in
paragraph (i)(2)(i) of this section.
(i) Application form. To apply for a
directed open access permit, an
individual must submit a complete
permit application to the SFD West
Coast Region through the NOAA
Fisheries Pacific Coast Groundfish and
Halibut Portal—Log In web page at
https://www.webapps.nwfsc.noaa.gov/
apex/ifq/f?p=120:LOGIN_DESKTOP.
(ii) Required documentation. A
complete application consists of:
(A) An application form that contains
valid responses for all required data
fields, information, and signatures.
(B) A copy of the current (not expired)
U.S. Coast Guard Documentation Form
or state registration form for the vessel.
(C) Payment of required fees as
required at paragraph (f) of this section.
(D) Additional documentation SFD
may require as it deems necessary to
make a determination on the
application.
(iii) Application review, approval or
denial, and appeals—(A) Application
review. Applications for groundfish
directed open access permits issued
under this paragraph (i) must be
received a minimum of 15 days before
intending to participate in the fishery to
allow for processing time.
(B) Approved application. SFD shall
issue a vessel permit upon receipt of a
completed permit application, including
all required information listed in
paragraph (i)(2)(ii) of this section,
submitted through the Pacific Coast
Groundfish and Halibut Portal, and a
cleared sanctions check.
(C) Denied application. If the
application is denied, SFD will issue an
initial administrative decision (IAD)
that will explain the denial in writing.
SFD may decline to act on a permit
application that is incomplete, or if the
vessel or vessel owner is subject to
sanction provisions of the MagnusonStevens Act at 16 U.S.C. 1858(a) and
implementing regulations at 15 CFR part
904, subpart D.
(D) Appeals. In cases where the
applicant disagrees with SFD’s decision
on a permit application, the applicant
may file an appeal following the
procedures described at paragraph (g) of
this section.
(iv) Issuance. Upon review and
approval of a directed open access
permit application, SFD will issue a
permit under this paragraph (i)
electronically to the permit owner.
(A) Duration. A permit issued under
this paragraph (i) is valid until the first
date of renewal. The date of renewal
will be the last day of the vessel owner’s
birth month, following the year after the
permit is issued (e.g., if the birth month
VerDate Sep<11>2014
20:56 Aug 28, 2024
Jkt 262001
is March and the permit is issued on
October 3, 2024, the permit will remain
valid through March 31, 2025). The
permit owner is responsible for
renewing their directed open access
permit. Any permit not renewed by the
renewal date will expire and is no
longer valid.
(B) Display. A copy (electronic or
paper) of the permit issued under this
subpart must be available for inspection
by an authorized officer when the vessel
is operating in the groundfish open
access fishery, defined at § 660.11.
■ 9. Amend § 660.40 by adding
paragraph (b) to read as follows:
§ 660.40
Rebuilding Plans.
*
*
*
*
*
(b) Quillback rockfish off California.
Quillback rockfish off California was
declared overfished in 2023. The target
year for rebuilding the California
quillback rockfish stock to BMSY is 2060.
The harvest control rule to be used to
rebuild the quillback rockfish stock off
California is the ABC Rule (P* 0.45).
■ 10. Amend § 660.50 by revising
paragraphs (f) and (g) to read as follows:
§ 660.50 Pacific Coast treaty Indian
fisheries.
*
*
*
*
*
(f) Pacific Coast treaty Indian fisheries
allocations, harvest guidelines, and setasides. Trip limits for certain species
were recommended by the Tribes and
the Council and are specified in
paragraph (g) of this section.
(1) Arrowtooth flounder. The Tribal
harvest guideline is 2,041 mt per year.
(2) Big skate. The Tribal harvest
guideline is 15 mt per year.
(3) Black rockfish off Washington. (i)
Harvest guidelines for commercial
harvests of black rockfish by members of
the Pacific Coast Indian Tribes using
hook-and-line gear will be established
biennially for two subsequent 1-year
periods for the areas between the U.S.Canadian border and Cape Alava
(48°09.50′ N lat.) and between
Destruction Island (47°40′ N lat.) and
Leadbetter Point (46°38.17′ N lat.), in
accordance with the procedures for
implementing harvest specifications and
management measures. Pacific Coast
treaty Indians fishing for black rockfish
in these areas under these harvest
guidelines are subject to the provisions
in this section, and not to the
restrictions in subparts C through G of
this part.
(ii) For the commercial harvest of
black rockfish off Washington State, a
treaty Indian Tribes’ harvest guideline is
set at 30,000 lb (13,608 kg) for the area
north of Cape Alava, WA (48°09.50′ N
lat.) and 10,000 lb (4,536 kg) for the area
PO 00000
Frm 00027
Fmt 4701
Sfmt 4702
70431
between Destruction Island, WA (47°40′
N lat.) and Leadbetter Point, WA
(46°38.17′ N lat.). This harvest guideline
applies and is available to the Pacific
Coast treaty Indian Tribes. There are no
Tribal harvest restrictions for black
rockfish in the area between Cape Alava
and Destruction Island.
(4) Canary rockfish. The Tribal
harvest guideline is 50 mt per year.
(5) Darkblotched rockfish. The Tribal
harvest guideline is 5 mt per year.
(6) Dover sole. The Tribal harvest
guideline is 1,497 mt per year.
(7) English sole. The Tribal harvest
guideline is 200 mt per year.
(8) Lingcod. The Tribal harvest
guideline is 250 mt per year.
(9) Longnose skate. The Tribal harvest
guideline is 220 mt per year.
(10) Minor nearshore rockfish. The
Tribal harvest guideline is 1.5 mt per
year.
(11) Minor shelf rockfish. The Tribal
harvest guideline is 30 mt per year.
(12) Minor slope rockfish. The Tribal
harvest guideline is 36 mt per year.
(13) Other flatfish. The Tribal harvest
guideline is 60 mt per year.
(14) Pacific cod. The Tribal harvest
guideline is 500 mt per year.
(15) Pacific ocean perch. The Tribal
harvest guideline is 130 mt per year.
(16) Pacific spiny dogfish. The Tribal
harvest guideline is 275 mt per year.
(17) Pacific whiting. The Tribal
whiting allocation will be announced
annually in conjunction with the Total
Allowable Catch (TAC) setting process
of the Whiting Act.
(18) Petrale sole. The harvest
guideline is 290 mt per year.
(19) Sablefish. (i) The sablefish
allocation to Pacific coast treaty Indian
Tribes is 10 percent of the sablefish ACL
for the area north of 36°N lat. This
allocation represents the total amount
available to the treaty Indian fisheries
before deductions for discard mortality.
(ii) The Tribal allocation is 2,869 mt
in 2025 and 2,724 mt in 2026. This
allocation is, for each year, 10 percent
of the Monterey through Vancouver area
(North of 36°N lat.) ACL, including
estimated discard mortality.
(20) Starry flounder. The Tribal
harvest guideline is 2 mt per year.
(21) Thornyheads. The Tribal harvest
guideline for shortspine thornyhead is
50 mt per year and the Tribal harvest
guideline for longspine thornyhead is 30
mt per year.
(22) Washington cabezon/kelp
greenling. The Tribal harvest guideline
is 2 mt per year.
(23) Widow rockfish. Widow rockfish
taken in the directed Tribal midwater
trawl fisheries are subject to a catch
limit of 200 mt for the entire fleet, per
year.
E:\FR\FM\29AUP2.SGM
29AUP2
70432
Federal Register / Vol. 89, No. 168 / Thursday, August 29, 2024 / Proposed Rules
(24) Yelloweye rockfish. The Tribal
harvest guideline is 8 mt per year.
(25) Yellowtail rockfish. Yellowtail
rockfish taken in the directed Tribal
mid-water trawl fisheries are subject to
a catch limit of 1,000 mt for the entire
fleet, per year.
(g) Pacific coast treaty Indian fisheries
management measures. Trip limits for
certain species were recommended by
the Tribes and the Council and are
specified here.
(1) Rockfish. The Tribes will require
full retention of all overfished rockfish
species and all other marketable
rockfish species during treaty fisheries.
(2) Yelloweye rockfish. Subject to a
200-lb (90-kg) trip limit.
(3) Pacific whiting. Tribal whiting
processed at-sea by non-Tribal vessels,
must be transferred within the Tribal
U&A from a member of a Pacific Coast
treaty Indian Tribe fishing under this
section.
(4) Groundfish without a Tribal
allocation. Makah Tribal members may
use midwater trawl gear to take and
retain groundfish for which there is no
Tribal allocation and will be subject to
the trip landing and frequency and size
limits applicable to the limited entry
fishery.
(5) EFH. Measures implemented to
minimize adverse impacts to groundfish
EFH, as described in § 660.12, do not
apply to Tribal fisheries in their U&A
fishing areas described at § 660.4,
subpart A.
(6) Small footrope trawl gear. Makah
Tribal members fishing in the bottom
trawl fishery may use only small
footrope (less than or equal to 8 inches
(20.3 cm)) bottom trawl gear.
*
*
*
*
*
■ 11. Amend § 660.55 by revising table
1 to paragraph (c)(1) and paragraph (i)(2)
to read as follows:
§ 660.55
*
Allocations.
*
*
(c) * * *
(1) * * *
*
*
TABLE 1 TO PARAGRAPH (c)(1)—ALLOCATION AMOUNTS AND PERCENTAGES FOR LIMITED ENTRY TRAWL AND NON-TRAWL
SECTORS SPECIFIED FOR FMP GROUNDFISH STOCKS AND STOCK COMPLEXES
All non-treaty
LE trawl
sectors
(%)
Stock or complex
Arrowtooth Flounder ................................................................................................................................................
Chilipepper Rockfish S of 40°10′ N lat ....................................................................................................................
Darkblotched Rockfish .............................................................................................................................................
Dover Sole ...............................................................................................................................................................
English Sole .............................................................................................................................................................
Lingcod N of 40°10′ N lat ........................................................................................................................................
Longspine Thornyhead N of 34°27′ N lat ................................................................................................................
Pacific Cod ...............................................................................................................................................................
Pacific Ocean Perch ................................................................................................................................................
Sablefish S of 36° N lat ...........................................................................................................................................
Splitnose Rockfish S. of 40°10′ N lat ......................................................................................................................
Starry Flounder ........................................................................................................................................................
Yellowtail Rockfish N of 40°10′ N lat ......................................................................................................................
Minor Slope Rockfish North of 40°10′ N lat ............................................................................................................
Other Flatfish ...........................................................................................................................................................
lotter on DSK11XQN23PROD with PROPOSALS2
*
*
*
*
*
(i) * * *
(2) The fishery harvest guideline for
Pacific whiting is allocated among three
sectors, as follows: 34 percent for the C/
P Co-op Program; 24 percent for the MS
Co-op 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° N lat. before the
start of the primary Pacific whiting
season north of 42° N lat. Specific sector
allocations for a given calendar year are
found in tables 1a through c and 2a
through c of this subpart. Set-asides for
other species for the at-sea whiting
fishery for a given calendar year are
established through the biennial
specifications process.
*
*
*
*
*
■ 12. Amend § 660.60 by revising
paragraphs (b)(1), (c) introductory text,
(c)(1)(i), (g), (h)(1), (h)(7)(i)(D), and
(h)(7)(ii)(A)(2) to read as follows:
VerDate Sep<11>2014
20:56 Aug 28, 2024
Jkt 262001
§ 660.60 Specifications and management
measures.
*
*
*
*
*
(b) * * *
(1) Except for Pacific whiting, every
biennium, NMFS will implement OFLs,
ABCs, and ACLs, if applicable, for each
species or species group based on the
harvest controls used in the previous
biennium (referred to as default harvest
control rules) applied to the best
available scientific information. The
default harvest control rules for each
species or species group are listed in the
biennial SAFE document. NMFS may
implement OFLs, ABCs, and ACLs, if
applicable, that vary from the default
harvest control rules based on a Council
recommendation.
*
*
*
*
*
(c) Routine management measures.
Catch restrictions that are likely to be
adjusted on a biennial, or more frequent,
basis may be imposed and announced
by a single notification in the Federal
Register, if good cause exists under the
Administrative Procedure Act (APA) to
PO 00000
Frm 00028
Fmt 4701
Sfmt 4702
95
75
95
95
95
45
95
95
95
42
95
50
88
81
90
All non-treaty
non-trawl
sectors
(%)
5
25
5
5
5
55
5
5
5
58
5
50
12
19
10
waive notice and comment, and if they
have been designated as routine through
the two-meeting process described in
the PCGFMP. Routine management
measures that may be revised during the
fishing year, via this process, are
implemented in paragraph (h) of this
section, and in subparts C through G of
this part, including tables 1a through 1c,
and 2a through 2c to subpart C of this
part, tables 1a and 1b (North) and tables
1a and 1b (South) of subpart D of this
part, tables 2a and 2b (North) and tables
2a and 2b (South) of subpart E of this
part, and tables 3a and 3b (North) and
tables 3a and 3b (South) of subpart F of
this part. Most trip, bag, and size limits,
and some Groundfish Conservation Area
closures in the groundfish fishery have
been designated ‘‘routine,’’ which
means they may be changed rapidly
after a single Council meeting. Council
meetings are held in the months of
March, April, June, September, and
November. Inseason changes to routine
management measures are announced in
the Federal Register pursuant to the
E:\FR\FM\29AUP2.SGM
29AUP2
lotter on DSK11XQN23PROD with PROPOSALS2
Federal Register / Vol. 89, No. 168 / Thursday, August 29, 2024 / Proposed Rules
requirements of the APA. Changes to
trip limits are effective at the times
stated in the Federal Register. Once a
trip limit change is effective, it is illegal
to take and retain, possess, or land more
fish than allowed under the new trip
limit. This means that, unless otherwise
announced in the Federal Register,
offloading must begin before the time a
fishery closes or a more restrictive trip
limit takes effect. The following catch
restrictions have been designated as
routine:
(1) * * *
(i) Trip landing and frequency limits,
size limits, all gear. Trip landing and
frequency limits have been designated
as routine for the following species or
species groups: Widow rockfish, canary
rockfish, yellowtail rockfish, Pacific
ocean perch, yelloweye rockfish, black
rockfish, blue/deacon rockfish, splitnose
rockfish, blackgill rockfish in the area
south of 40°10′ N lat., chilipepper,
bocaccio, cowcod, Minor Nearshore
Rockfish or shallow and deeper Minor
Nearshore Rockfish, shelf or Minor
Shelf Rockfish, and Minor Slope
Rockfish; Dover sole, sablefish,
shortspine thornyheads, and longspine
thornyheads; petrale sole, rex sole,
arrowtooth flounder, Pacific sanddabs,
big skate, and the Other Flatfish
complex, which is composed of those
species plus any other flatfish species
listed at § 660.11; Pacific whiting;
lingcod; Pacific cod; Pacific spiny
dogfish; longnose skate; cabezon in
Oregon and California; and ‘‘Other
Fish’’ as defined at § 660.11. In addition
to the species and species groups listed
above, sub-limits or aggregate limits
may be specified, specific to the
Shorebased IFQ Program, for the
following species: big skate, California
skate, California scorpionfish, leopard
shark, soupfin shark, finescale codling,
Pacific rattail (grenadier), ratfish, kelp
greenling, shortbelly rockfish, and
cabezon in Washington. Size limits have
been designated as routine for sablefish
and lingcod. Trip landing and frequency
limits and size limits for species with
those limits designated as routine may
be imposed or adjusted on a biennial or
more frequent basis for the purpose of
keeping landings within the harvest
levels announced by NMFS.
*
*
*
*
*
(g) Applicability. These specifications
account for fish caught in state ocean
waters (0–3 nm offshore) though that
fishing activity is governed by the States
VerDate Sep<11>2014
20:56 Aug 28, 2024
Jkt 262001
of Washington, Oregon, and California,
respectively. Catch of a stock in State
waters is taken off the top of the harvest
specifications for the stock in the EEZ
(3–200 nm (5.6–370.4 km) offshore).
(h) * * *
(1) Commercial trip limits and
recreational bag and boat limits.
Commercial trip limits and recreational
bag and boat limits defined in tables 1a
through 2d of this subpart, and those
specified in subparts D through G of this
part, including tables 1b (North) and 1b
(South) of subpart D of this part, tables
2b (North) and 2b (South) of subpart E
of this part, and tables 3b (North) and
3b (South) of subpart F of this part must
not be exceeded.
*
*
*
*
*
(7) * * *
(i) * * *
(D) Rockfish complexes. Several
rockfish species are designated with
species-specific limits on one side of the
40°10′ N lat. management line and are
included as part of a rockfish complex
on the other side of the line. A vessel
that takes and retains fish from a
rockfish complex (nearshore, shelf, or
slope) on both sides of a management
line during a single cumulative limit
period is subject to the more restrictive
cumulative limit for that rockfish
complex during that period.
(1) If a vessel takes and retains species
from the slope rockfish complex north
of 40°10′ N lat., that vessel is also
permitted to take and retain, possess or
land splitnose rockfish up to its
cumulative limit south of 40°10′ N lat.,
even if splitnose rockfish were a part of
the landings from slope rockfish
complex taken and retained north of
40°10′ N lat.
(2) If a vessel takes and retains species
from the slope rockfish complex south
of 40°10′ N lat., that vessel is also
permitted to take and retain, possess or
land Pacific ocean perch up to its
cumulative limit north of 40°10′ N lat.,
even if Pacific ocean perch were a part
of the landings from slope rockfish
complex taken and retained south of
40°10′ N lat.
(ii) * * *
(A) * * *
(2) Vessels with a valid limited entry
permit endorsed for bottom longline
and/or pot gear fishing inside the NonTrawl RCA with stationary vertical jig
gear or groundfish troll gear as defined
at § 660.320(b)(6). Vessels fishing with
one of these two approved hook-andline gear configurations may fish up to
PO 00000
Frm 00029
Fmt 4701
Sfmt 4702
70433
the limited entry fixed gear trip limits
in table 2b (North) and table 2b (South)
of subpart E, either inside or outside the
Non-Trawl RCA. This provision only
applies on fishing trips where the vessel
made the appropriate declaration
(specified at § 660.13(d)(4)(iv)(A)).
*
*
*
*
*
■ 13. Revise § 660.65 to read as follows:
§ 660.65 Groundfish harvest
specifications.
Harvest specifications include OFLs,
ABCs, and the designation of OYs and
ACLs. Management measures necessary
to keep catch within the ACL include
ACTs, HGs, or quotas for species that
need individual management, the
allocation of fishery HGs between the
trawl and non-trawl segments of the
fishery, and the allocation of
commercial HGs between the open
access and limited entry segments of the
fishery. These specifications account for
fish caught in state ocean waters (0–3
nm (0–5.6 km) offshore), though that
fishing activity is governed by the States
of Washington, Oregon, and California
respectively. Catch of a stock in State
waters is taken off the top of the harvest
specifications for the stock in the EEZ
(3–200 nm (5.6–370.4 km) offshore).
Harvest specifications are provided in
tables 1a through 2d of this subpart.
§ 660.70
[Amended]
14. Amend § 660.70 by removing
paragraph (u) and redesignating
paragraph (v) as paragraph (u).
■ 15. Amend § 660.72 by revising
paragraphs (a)(95) through (100) to read
as follows:
■
§ 660.72 Latitude/longitude coordinates
defining the 50 fm (91 m) through 75 fm (137
m) depth contours.
*
*
*
*
*
(a) * * *
(95) 39°32.47′ N lat., 123°52.25′ W
long.;
(96) 39°21.86′ N lat., 123°54.13′ W
long.;
(97) 39°8.35′ N lat., 123°49.67′ W
long.;
(98) 38°57.50′ N lat., 123°49.42′ W
long.;
(99) 38°51.20′ N lat., 123°46.09′ W
long.;
(100) 38°29.47′ N lat., 123°20.19′ W
long.;
*
*
*
*
*
■ 16. Revise tables 1a through 1c to part
660, subpart C to read as follows:
E:\FR\FM\29AUP2.SGM
29AUP2
70434
Federal Register / Vol. 89, No. 168 / Thursday, August 29, 2024 / Proposed Rules
TABLE 1a TO PART 660, SUBPART C—2025, SPECIFICATIONS OF OFL, ABC, ACL, ACT AND FISHERY HG (WEIGHTS IN
METRIC TONS). CAPITALIZED STOCKS ARE REBUILDING
OFL
ACL a
ABC
Fishery HG b
Species/stock
Area
QUILLBACK ROCKFISH OFF CALIFORNIA.
YELLOWEYE ROCKFISH c ..............
Arrowtooth Flounder .........................
Big Skate ...........................................
Black Rockfish ..................................
Black Rockfish ..................................
Bocaccio ............................................
Cabezon ............................................
California Scorpionfish ......................
Canary Rockfish ................................
Chilipepper ........................................
Cowcod .............................................
Cowcod .............................................
Cowcod .............................................
Darkblotched Rockfish ......................
Dover Sole ........................................
English Sole ......................................
Lingcod ..............................................
Lingcod ..............................................
Longnose Skate ................................
Longspine Thornyhead .....................
Longspine Thornyhead .....................
Longspine Thornyhead .....................
Pacific Cod ........................................
Pacific Ocean Perch .........................
Pacific Spiny Dogfish ........................
Pacific Whiting ..................................
Petrale Sole ......................................
Sablefish ...........................................
Sablefish ...........................................
Sablefish ...........................................
Shortspine Thornyhead e ..................
Splitnose ...........................................
Starry Flounder .................................
Widow Rockfish ................................
Yellowtail Rockfish ............................
California ..........................................
1.52
1.3
1.3
1.2
Coastwide .........................................
Coastwide .........................................
Coastwide .........................................
Washington (N of 46°16′ N lat.) .......
California (S of 42° N lat.) ................
S of 40°10′ N lat ...............................
California (S of 42° N lat.) ................
S of 34°27′ N lat ...............................
Coastwide .........................................
S of 40°10′ N lat ...............................
S of 40°10′ N lat ...............................
(Conception) .....................................
(Monterey) ........................................
Coastwide .........................................
Coastwide .........................................
Coastwide .........................................
N of 40°10′ N lat ..............................
S of 40°10′ N lat ...............................
Coastwide .........................................
Coastwide .........................................
N of 34°27′ N lat ..............................
S of 34°27′ N lat ...............................
Coastwide .........................................
N of 40°10′ N lat. .............................
Coastwide .........................................
Coastwide .........................................
Coastwide .........................................
Coastwide .........................................
N of 36° N lat ...................................
S of 36° N lat ...................................
Coastwide .........................................
S of 40°10′ N lat ...............................
Coastwide .........................................
Coastwide .........................................
N of 40°10′ N lat ..............................
105.8
16,460
1,456
262
250
1,849
176
273
647
3,128
111
93
18
830
52,214
11,175
4,237
897
1,922
4,284
........................
........................
3,200
4,029
1,857
(d)
2,518
39,085
........................
........................
940
1,724
652
12,254
6,866
87.2
11,193
1,224
244.6
234
1,681
162
244
605
2,815
77
66
11
754
47,424
8,884
3,631
768
1,616
2,698
........................
........................
1,926
3,328
1,361
( d)
2,354
36,545
........................
........................
821
1,508
392
11,237
6,241
55.8
11,193
1,224
244.6
224
1,681
162
244
572
2,815
77
66
11
754
47,424
8,884
3,631
748
1,616
2,698
2,050
648
1,600
3,328
1,361
(d )
2,354
36,545
28,688
7,857
815
1,508
392
11,237
6,241
41
9,098
1,164.6
226
222.3
1,673.2
161.2
242
508.4
2,788
66.5
........................
........................
729.8
45,840
8,669.4
3,349.9
736.4
1,365.4
........................
2,000.7
646
1,098.6
3,182.5
1,037.6
(d )
2,035.5
........................
See Table 1c
7,829.80
743.3
1,493.9
375.3
11,018.7
5,216.1
423
15
177
88
934
223
7,974
1,392
1,465
1,488
693
423
15
177
88
932
223
7,974
1,392
1,464
1,488
693
421.7
12.2
176.1
84.8
929.3
213.2
7,803
1,325.7
1,437.9
1,430
674
Species/Stock Complexes
Blue/Deacon/Black Rockfish .............
Cabezon/Kelp Greenling ...................
Cabezon/Kelp Greenling ...................
Nearshore Rockfish North ................
Nearshore Rockfish South ................
Other Fish .........................................
Other Flatfish ....................................
Shelf Rockfish North .........................
Shelf Rockfish South ........................
Slope Rockfish North ........................
Slope Rockfish South .......................
Oregon .............................................
Washington ......................................
Oregon .............................................
N of 40°10′ N lat ..............................
S of 40°10′ N lat ...............................
Coastwide .........................................
Coastwide .........................................
N of 40°10′ N lat ..............................
S of 40°10′ N lat ...............................
N of 40°10′ N lat ..............................
S of 40°10′ N lat ...............................
464
19
196
106
1,137
286
10,895
1,747
1,837
1,779
866
a Annual
catch limits (ACLs), annual catch targets (ACTs) and harvest guidelines (HGs) are specified as total catch values.
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. These deductions, as well as
any HG sharing agreements between states and/or sectors, are published in the SAFE.
c Yelloweye rockfish has a non-trawl ACT of 29.6 mt and a non-nearshore ACT of 6.2 mt. The recreational ACTs are: 7.6 mt (Washington), 6.9
mt (Oregon), and 8.9 mt (California).
d 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 2025.
e Shortspine thornyhead has a commercial ACT of 67 mt for north of 34°27′ N lat.
f Copper rockfish has a recreational ACT of 15.8 for south of 34°27′ N lat.
lotter on DSK11XQN23PROD with PROPOSALS2
b Fishery
TABLE 1b TO PART 660, SUBPART C—2025, ALLOCATIONS BY SPECIES OR SPECIES GROUP
[Weight in metric tons]
Species/stock & complexes
YELLOWEYE ROCKFISH ..
Arrowtooth flounder .............
VerDate Sep<11>2014
Coastwide ...........................
Coastwide ...........................
20:56 Aug 28, 2024
Jkt 262001
PO 00000
Trawl
Fishery HG or
ACT
Area
I
Frm 00030
41
9,098
Fmt 4701
%
I
Sfmt 4702
Non-trawl
mt
8
95
%
3.3
8,643.1
E:\FR\FM\29AUP2.SGM
29AUP2
mt
92
5
38.5
454.9
70435
Federal Register / Vol. 89, No. 168 / Thursday, August 29, 2024 / Proposed Rules
TABLE 1b TO PART 660, SUBPART C—2025, ALLOCATIONS BY SPECIES OR SPECIES GROUP—Continued
[Weight in metric tons]
Species/stock & complexes
Area
Trawl
Non-trawl
Fishery HG or
ACT
%
mt
%
95
39
72.3
75
36
95
95
95
45
40
90
95
95
95
100
........................
1,106.4
652.5
367.6
2,091
23.90
693.3
43,459.8
8,235.9
1,507.5
294.6
1,228.9
1,900.7
1,043.7
3,023.4
........................
2,005.5
5
61
27.7
25
64
5
5
5
55
60
10
5
5
5
0
........................
Big skate .............................
Bocaccio ..............................
Canary rockfish ...................
Chilipepper rockfish ............
Cowcod ...............................
Darkblotched rockfish .........
Dover sole ...........................
English sole .........................
Lingcod ................................
Lingcod ................................
Longnose skate ...................
Longspine thornyhead ........
Pacific cod ...........................
Pacific Ocean perch ............
Pacific whiting .....................
Petrale sole .........................
Coastwide ...........................
S of 40°10′ N lat .................
Coastwide ...........................
S of 40°10′ N lat .................
S of 40°10′ N lat .................
Coastwide ...........................
Coastwide ...........................
Coastwide ...........................
N of 40°10′ N lat ................
S of 40°10′ N lat .................
Coastwide ...........................
N of 34°27′ N lat ................
Coastwide ...........................
N of 40°10′ N lat ................
Coastwide ...........................
Coastwide ...........................
1,164.6
1,673.2
508.4
2,788
66.5
729.8
45,840
8,669.4
3,349.9
736.4
1,365.4
2,000.7
1,098.6
3,182.5
........................
2,035.5
Sablefish .............................
N of 36° N lat .....................
25,729.3
Sablefish .............................
Shortspine thornyhead ........
Splitnose rockfish ................
Starry flounder ....................
Widow rockfish ....................
Yellowtail rockfish ...............
Shelf rockfish north .............
Shelf rockfish south ............
Slope rockfish north ............
Slope rockfish south ...........
Other flatfish ........................
S of 36° N lat .....................
Coastwide ...........................
S of 40°10′ N lat .................
Coastwide ...........................
Coastwide ...........................
N of 40°10′ N lat ................
N of 40°10′ N lat ................
S of 40°10′ N lat .................
N of 40°10′ N lat ................
S of 40°10′ N lat .................
Coastwide ...........................
7,829.8
743.3
1,493.9
375.3
11,018.7
5,216.1
1,325.7
1,437.9
1,430
674
7,803
mt
58.2
1,020.6
140.8
697
42.6
36.5
2,290.2
433.5
1,842.4
441.8
136.5
100
54.9
159.1
0
30
See Table 1c
42
64
95
50
........................
88
60.2
12.2
81
63
90
3,288.5
475.71
1,419.2
187.7
10,718.7
4,590.2
798.1
175.4
1,158.3
424.6
7,022.7
58
36
5
50
........................
12
39.8
87.8
19
37
10
4,541.3
267.59
74.7
187.7
300
625.9
527.6
1,262.5
271.7
249.4
780.3
TABLE 1c TO PART 660, SUBPART C—SABLEFISH NORTH OF 36° N LAT. ALLOCATIONS, 2025
[Weight in metric tons]
Allocation
(mt)
Percent
Non-Tribal Commercial HG a ...................................................................................................................................
LE Share ..................................................................................................................................................................
LE Trawl ...........................................................................................................................................................
LEFG ................................................................................................................................................................
Primary ......................................................................................................................................................
Trip limit .....................................................................................................................................................
OA Share .................................................................................................................................................................
a Off-the-top
........................
90.6
58
42
85
15
9.4
25,729.3
23,310.7
13,520.2
9,791.9
8,323.1
1,468.8
2,418.6
deductions from the ACL that result in the HG are in the SAFE.
17. Revise tables 2a through 2c to part
660, subpart C, to read as follows:
■
TABLE 2a TO PART 660, SUBPART C—2026, AND BEYOND, SPECIFICATIONS OF OFL, ABC, ACL, ACT, AND FISHERY HG
(WEIGHTS IN METRIC TONS)
lotter on DSK11XQN23PROD with PROPOSALS2
[Capitalized Stocks Are Rebuilding]
QUILLBACK ROCKFISH OFF CALIFORNIA.
YELLOWEYE ROCKFISH c ..............
Arrowtooth Flounder .........................
Big Skate ...........................................
Black Rockfish ..................................
Black Rockfish ..................................
Bocaccio ............................................
Cabezon ............................................
California Scorpionfish ......................
California ..........................................
1.77
1.5
1.5
1.4
Coastwide .........................................
Coastwide .........................................
Coastwide .........................................
Washington (N of 46°16′ N lat.) .......
California (S of 42° N lat.) ................
S of 40°10′ N lat ...............................
California (S of 42° N lat.) ................
S of 34°27′ N lat ...............................
108.3
13,833
1,426
259
265
1,846
170
267
88.5
9,227
1,188
241
247
1,668
155
238
56.6
9,227
1,188
241
236
1,668
155
238
41.8
7,132
1,128.6
226.6
234.4
1,660.2
154.5
236
20:56 Aug 28, 2024
Jkt 262001
PO 00000
Frm 00031
Fmt 4701
Sfmt 4702
ABC
Fishery HG b
Area
VerDate Sep<11>2014
OFL
ACL a
Species/stock
E:\FR\FM\29AUP2.SGM
29AUP2
70436
Federal Register / Vol. 89, No. 168 / Thursday, August 29, 2024 / Proposed Rules
TABLE 2a TO PART 660, SUBPART C—2026, AND BEYOND, SPECIFICATIONS OF OFL, ABC, ACL, ACT, AND FISHERY HG
(WEIGHTS IN METRIC TONS)—Continued
[Capitalized Stocks Are Rebuilding]
ACL a
Fishery HG b
Species/stock
Area
OFL
ABC
Canary Rockfish ................................
Chilipepper Rockfish .........................
Cowcod .............................................
Cowcod .............................................
Cowcod .............................................
Darkblotched Rockfish ......................
Dover Sole ........................................
English Sole ......................................
Lingcod ..............................................
Lingcod ..............................................
Longnose Skate ................................
Longspine Thornyhead .....................
Longspine Thornyhead .....................
Longspine Thornyhead .....................
Pacific Cod ........................................
Pacific Ocean Perch .........................
Pacific Spiny Dogfish ........................
Pacific Whiting ..................................
Petrale Sole ......................................
Sablefish ...........................................
Sablefish ...........................................
Sablefish ...........................................
Shortspine Thornyhead e ..................
Splitnose Rockfish ............................
Starry Flounder .................................
Widow Rockfish ................................
Yellowtail Rockfish ............................
Coastwide .........................................
S of 40°10′ N lat ...............................
S of 40°10′ N lat ...............................
(Conception) .....................................
(Monterey) ........................................
Coastwide .........................................
Coastwide .........................................
Coastwide .........................................
N of 40°10′ N lat ..............................
S of 40°10′ N lat ...............................
Coastwide .........................................
Coastwide .........................................
N of 34°27′ N lat ..............................
S of 34°27′ N lat ...............................
Coastwide .........................................
N of 40°10′ N lat ..............................
Coastwide .........................................
Coastwide .........................................
Coastwide .........................................
Coastwide .........................................
N of 36° N lat ...................................
S of 36° N lat ...................................
Coastwide .........................................
S of 40°10′ N lat ...............................
Coastwide .........................................
Coastwide .........................................
N of 40°10′ N lat ..............................
655
2,949
111
92
19
810
46,049
11,192
4,163
937
1,895
4,166
........................
........................
3,200
3,937
1,833
(d)
2,424
37,310
........................
........................
961
1,686
652
11,382
6,662
609
2,643
75
64
11
732
42,457
8,819
3,534
795
1,579
2,575
........................
........................
1,926
3,220
1,318
( d)
2,255
34,699
........................
........................
831
1,469
392
10,392
6,023
573
2,643
75
64
11
732
42,457
8,819
3,534
773
1,579
2,575
1,957
618
1,600
3,220
1,318
(d )
2,238
34,699
27,238
7,460
825
1,469
392
10,392
6,023
509.6
2,615.2
65.2
........................
........................
707.8
40,873
8,604.4
3,252.9
761.5
1,328.4
........................
1,907.3
616.5
1,098.6
3,074.5
994.2
(d )
1,919.5
........................
See Table 2c
7,432.9
752.7
1,454.9
375.3
10,173.7
4,997.5
428
15
174
86
933
223
7,144
1,379
1,463
1,460
690
428
15
174
86
931
223
7,144
1,378
1,463
1,460
690
426.5
12.1
173.6
83
928.1
212.7
6,972.6
1,312.3
1,435.7
1,402.2
671
Species/stock Complexes
Blue/Deacon/Black Rockfish .............
Cabezon/Kelp Greenling ...................
Cabezon/Kelp Greenling ...................
Nearshore Rockfish North ................
Nearshore Rockfish South ................
Other Fish .........................................
Other Flatfish ....................................
Shelf Rockfish North .........................
Shelf Rockfish South ........................
Slope Rockfish North ........................
Slope Rockfish South .......................
Oregon .............................................
Washington ......................................
Oregon .............................................
N of 42° N lat ...................................
S of 40°10′ N lat ...............................
Coastwide .........................................
Coastwide .........................................
N of 40°10′ N lat ..............................
S of 40°10′ N lat ...............................
N of 40°10′ N lat ..............................
S of 40°10′ N lat ...............................
472
19
194
105
1,143
286
9,988
1,734
1,837
1,754
865
a Annual
catch limits (ACLs), annual catch targets (ACTs) and harvest guidelines (HGs) are specified as total catch values.
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. These deductions, as well as
any HG sharing agreements between states and/or sectors, are published in the SAFE.
c Yelloweye rockfish has a non-trawl ACT of 30.2 mt and a non-nearshore ACT of 6.3 mt. The recreational ACTs are: 7.7 mt (Washington), 7.0
mt (Oregon), and 9.1 mt (California).
d 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 2026.
e Shortspine thornyhead has a commercial ACT of 55 mt for north of 34°27′ N lat.
f Copper rockfish has a recreational ACT of 18.0 for south of 34°27′ N lat.
b Fishery
TABLE 2b TO PART 660, SUBPART C—2026, AND BEYOND, ALLOCATIONS BY SPECIES OR SPECIES GROUP
lotter on DSK11XQN23PROD with PROPOSALS2
Species/stock & complexes
YELLOWEYE ROCKFISH ..............
Arrowtooth flounder ........................
Big skate .........................................
Bocaccio .........................................
Canary rockfish ...............................
Chilipepper rockfish ........................
Cowcod ...........................................
Darkblotched rockfish .....................
Dover sole .......................................
English sole ....................................
Lingcod ...........................................
Lingcod ...........................................
VerDate Sep<11>2014
20:56 Aug 28, 2024
Fishery HG or
ACT
Area
Coastwide .......................................
Coastwide .......................................
Coastwide .......................................
S of 40°10′ N lat .............................
Coastwide .......................................
S of 40°10′ N lat .............................
S of 40°10′ N lat .............................
Coastwide .......................................
Coastwide .......................................
Coastwide .......................................
N of 40°10′ N lat .............................
S of 40°10′ N lat .............................
Jkt 262001
PO 00000
Frm 00032
Fmt 4701
41.8
7,132
1,128.6
1,660.2
509.6
2,615.2
65.2
707.8
40,873
8,604.4
3,252.9
761.5
Sfmt 4702
Trawl
Non-trawl
%
mt
%
8
95
95
39
72.3
75
36
95
95
95
45
40
3.3
6,775.4
1,072.2
647.5
368.4
1,961.4
23.5
672.4
38,829.4
8,174.2
1,463.8
304.6
92
5
5
61
27.7
25
64
5
5
5
55
60
E:\FR\FM\29AUP2.SGM
29AUP2
mt
38.5
356.6
56.4
1,012.7
141.2
653.8
41.7
35.4
2,043.7
430.2
1,789.1
456.9
70437
Federal Register / Vol. 89, No. 168 / Thursday, August 29, 2024 / Proposed Rules
TABLE 2b TO PART 660, SUBPART C—2026, AND BEYOND, ALLOCATIONS BY SPECIES OR SPECIES GROUP—Continued
Species/stock & complexes
Area
Trawl
Fishery HG or
ACT
%
90
95
95
95
100
............
Longnose skate ..............................
Longspine thornyhead ....................
Pacific cod ......................................
Pacific Ocean perch .......................
Pacific whiting .................................
Petrale sole .....................................
Coastwide .......................................
N of 34°27′ N lat .............................
Coastwide .......................................
N of 40°10′ N lat .............................
Coastwide .......................................
Coastwide .......................................
1,328.4
1,907.3
1,098.6
3,074.5
........................
1,919.5
Sablefish .........................................
N of 36° N lat .................................
24,425.1
Sablefish .........................................
Shortspine thornyhead ....................
Splitnose rockfish ............................
Starry flounder ................................
Widow rockfish ................................
Yellowtail rockfish ...........................
Shelf rockfish north .........................
Shelf rockfish south ........................
Slope rockfish north ........................
Slope rockfish south .......................
Other flatfish ...................................
S of 36° N lat ..................................
Coastwide .......................................
S of 40°10′ N lat .............................
Coastwide .......................................
Coastwide .......................................
N of 40°10′ N lat .............................
N of 40°10′ N lat .............................
S of 40°10′ N lat .............................
N of 40°10′ N lat .............................
S of 40°10′ N lat .............................
Coastwide .......................................
7,432.9
752.7
1,454.9
375.3
10,173.7
4,997.5
1,312.3
1,435.7
1,402.2
671
6,972.6
Non-trawl
mt
%
1,195.6
1,811.9
1,043.7
2,920.8
0.0
1,889.5
mt
10
5
5
5
............
............
132.8
95.4
54.9
153.7
0
30
See Table 2c
42
71
95
50
............
88
60.2
12.2
81
63
90
3,121.8
534.4
1,382.2
187.7
9,873.7
4,397.8
790
172.2
1,135.8
422.7
6,275.3
58
29
5
50
............
12
39.8
87.8
19
37
10
4,311.1
218.3
72.7
187.7
300
599.7
522.3
1,260.5
266.4
248.3
697.3
TABLE 2c TO PART 660, SUBPART C—SABLEFISH NORTH OF 36° N LAT. ALLOCATIONS, 2026 AND BEYOND
[Weights in Metric Tons]
Percent
Non-Tribal Commercial HG a ...................................................................................................................................
LE Share ..................................................................................................................................................................
LE Trawl ...........................................................................................................................................................
LEFG ................................................................................................................................................................
Primary ......................................................................................................................................................
Trip limit .....................................................................................................................................................
OA Share .................................................................................................................................................................
a Off-the-top
18. Amend § 660.111 by revising the
definition of ‘‘Block area closures or
BACs’’ to read as follows:
Trawl fishery—definitions.
lotter on DSK11XQN23PROD with PROPOSALS2
*
*
*
*
*
Block area closures or BACs are a type
of groundfish conservation area, defined
at § 660.11, bounded on the north and
south by commonly used geographic
coordinates, defined at § 660.11, and on
the east and west by the EEZ, and
boundary lines approximating depth
contours, defined with latitude and
longitude coordinates at §§ 660.71
through 660.74 (10 fm (18 m) through
250 fm (457 m)), and § 660.76 (700 fm
(1,280 m)). BACs may be implemented
or modified as routine management
measures, per regulations at § 660.60(c).
BACs may be implemented in the EEZ
seaward of Washington, Oregon, and
California for vessels using limited entry
bottom trawl and/or midwater trawl
gear. BACs may be implemented within
Tribal Usual and Accustomed fishing
areas but may only apply to non-Tribal
vessels. BACs may close areas to
VerDate Sep<11>2014
........................
90.6
58
42
85
15
9.4
24,425.1
22,129.1
12,834.9
9,294
7,899.9
1,394.1
2,296
deductions from the ACL that result in the HG are in the SAFE.
■
§ 660.111
Allocation
(mt)
20:56 Aug 28, 2024
Jkt 262001
specific trawl gear types (e.g., closed for
midwater trawl, bottom trawl, or bottom
trawl unless using selective flatfish
trawl) and/or specific programs within
the trawl fishery (e.g., Pacific whiting
fishery or MS Co-op Program). BACs
may vary in their geographic boundaries
and duration. Their geographic
boundaries, applicable gear type(s) and/
or specific trawl fishery program, and
effective dates will be announced in the
Federal Register. BACs may have a
specific termination date as described in
the Federal Register or may be in effect
until modified. BACs that are in effect
until modified by Council
recommendation and subsequent NMFS
action are set out in tables 1a (North)
and 1a (South) of this subpart.
*
*
*
*
*
■ 19. Amend § 660.130 by:
■ a. Revising paragraphs (a), (c)
introductory paragraph, and (c)(4);
■ c. Removing paragraph (e)(2);
■ d. Redesignating paragraphs (e)(3)
through (8) as (e)(2) through (7); and
■ e. Revising newly redesignated
paragraph (e)(3) introductory text.
PO 00000
Frm 00033
Fmt 4701
Sfmt 4702
The revisions read as follows:
§ 660.130 Trawl fishery—management
measures.
(a) General. This section applies to the
limited entry trawl fishery. Most species
taken in the limited entry trawl fishery
will be managed with quotas (see
§ 660.140), allocations or set-asides (see
§ 660.150 or § 660.160), or cumulative
trip limits (see trip limits in tables 1b
(North) and 1b (South) of this subpart),
size limits (see § 660.60(h)(5)), seasons
(see Pacific whiting at § 660.131(b)),
gear restrictions (see paragraphs (b) and
(c) of this section) and closed areas (see
paragraphs (c) and (e) of this section and
§§ 660.70 through 660.79). The limited
entry trawl fishery has gear
requirements and harvest limits that
differ by the type of groundfish trawl
gear on board and the area fished.
Groundfish vessels operating south of
Point Conception must adhere to CCA
restrictions (see paragraph (e)(1) of this
section and § 660.70). The trip limits in
tables 1b (North) and 1b (South) of this
subpart apply to vessels participating in
E:\FR\FM\29AUP2.SGM
29AUP2
70438
Federal Register / Vol. 89, No. 168 / Thursday, August 29, 2024 / Proposed Rules
the limited entry trawl fishery and may
not be exceeded. Federal commercial
groundfish regulations are not intended
to supersede any more restrictive state
commercial groundfish regulations
relating to federally managed
groundfish.
*
*
*
*
*
(c) Restrictions by limited entry trawl
gear type. Management measures may
vary depending on the type of trawl gear
(i.e., large footrope, small footrope,
selective flatfish, or midwater trawl
gear) used and/or on board a vessel
during a fishing trip, cumulative limit
period, and the area fished. Trawl nets
may be used on and off the seabed. For
some species or species groups, tables
1b (North) and 1b (South) of this subpart
provide trip limits that are specific to
different types of trawl gear: Large
footrope, small footrope (including
selective flatfish), selective flatfish,
midwater, and multiple types. If tables
1a (North), 1b (North), 1a (South), and
1b (South) of this subpart provide gear
specific limits or closed areas for a
particular species or species group,
prohibitions at §§ 660.12 and
660.112(a)(5) apply. Additional
conservation areas applicable to vessels
registered to limited entry permits with
trawl endorsements are listed at
paragraph (e) of this section.
*
*
*
*
*
(4) More than one type of trawl gear
on board. The trip limits in table 1b
(North) or 1b (South) of this subpart
must not be exceeded. A vessel may not
have both groundfish trawl gear and
non-groundfish trawl gear onboard
simultaneously. A vessel may have
more than one type of limited entry
trawl gear on board (midwater, large or
small footrope, including selective
flatfish trawl), either simultaneously or
successively, during a cumulative limit
period except between 42° N lat. and
40°10′ N lat. as described in this section.
If a vessel fishes both north and south
of 40°10′ N lat. with any type of small
or large footrope gear onboard the vessel
at any time during the cumulative limit
period, the most restrictive cumulative
limit associated with the gear on board
would apply for that trip and all catch
would be counted toward that
cumulative limit (see crossover
provisions at § 660.60(h)(7)). When
operating in an applicable GCA, all
trawl gear must be stowed, consistent
with prohibitions at § 660.112(a)(5)(i),
unless authorized in this section.
*
*
*
*
*
(e) * * *
(3) Trawl RCA. This GCA is off the
coast of Washington, between the US/
Canada border and 46°16′ N lat.
Boundaries for the trawl RCA applicable
to groundfish trawl vessels throughout
the year are provided in the header to
table 1a (North) of this subpart and may
be modified by NMFS inseason
pursuant to § 660.60(c). Prohibitions at
§ 660.112(a)(5) do not apply under the
following conditions and when the
vessel has a valid declaration for the
allowed fishing:
*
*
*
*
*
20. Amend § 660.131 by revising
paragraphs (b)(3) introductory text and
(g)(2) to read as follows:
■
§ 660.131 Pacific whiting fishery
management measures.
*
*
*
*
*
(b) * * *
(3) Pacific whiting trip limits. For
Shorebased IFQ Program vessels
targeting Pacific whiting outside the
primary season, the ‘‘per trip’’ limit for
whiting is announced in table 1b of this
subpart. The per-trip limit is a routine
management measure under § 660.60(c).
This trip limit includes any whiting
caught shoreward of 100 fm (183 m) in
the Eureka management area. The pertrip limit for other groundfish species
are announced in tables 1b (North) and
1b (South) of this subpart and apply as
follows:
*
*
*
*
*
(g) * * *
(2) The amount of whole whiting on
board does not exceed the trip limit (if
any) allowed under § 660.60(c) or table
1b (North) or 1b (South) in subpart D.
*
*
*
*
*
■ 21. Amend § 660.140 by revising table
1 to paragraph (d)(1)(ii)(D) and
paragraph (g) to read as follows:
§ 660.140
Shorebased IFQ Program.
*
*
*
*
*
*
*
(d) *
(1) *
(ii) *
(D) *
*
*
*
*
*
*
lotter on DSK11XQN23PROD with PROPOSALS2
TABLE 1 TO PARAGRAPH (d)(1)(ii)(D)—SHOREBASED TRAWL ALLOCATIONS FOR 2025 AND 2026
IFQ species
Area
YELLOWEYE ROCKFISH ............................................
Arrowtooth flounder ......................................................
Bocaccio .......................................................................
Canary rockfish .............................................................
Chilipepper rockfish ......................................................
Cowcod .........................................................................
Darkblotched rockfish ...................................................
Dover sole ....................................................................
English sole ..................................................................
Lingcod .........................................................................
Lingcod .........................................................................
Longspine thornyhead ..................................................
Pacific cod ....................................................................
Pacific ocean perch ......................................................
Pacific whiting a .............................................................
Petrale sole ...................................................................
Sablefish .......................................................................
Sablefish .......................................................................
Shortspine thornyhead .................................................
Splitnose rockfish .........................................................
Starry flounder ..............................................................
Widow rockfish .............................................................
Yellowtail rockfish .........................................................
Other Flatfish complex .................................................
Coastwide .....................................................................
Coastwide .....................................................................
South of 40°10′ N lat ....................................................
Coastwide .....................................................................
South of 40°10′ N lat ....................................................
South of 40°10′ N lat ....................................................
Coastwide .....................................................................
Coastwide .....................................................................
Coastwide .....................................................................
North of 40°10′ N lat ....................................................
South of 40°10′ N lat ....................................................
North of 34°27′ N lat ....................................................
Coastwide .....................................................................
North of 40°10′ N lat ....................................................
Coastwide .....................................................................
Coastwide .....................................................................
North of 36° N lat .........................................................
South of 36° N lat .........................................................
Coastwide .....................................................................
South of 40°10′ N lat ....................................................
Coastwide .....................................................................
Coastwide .....................................................................
North of 40°10′ N lat ....................................................
Coastwide .....................................................................
VerDate Sep<11>2014
20:56 Aug 28, 2024
Jkt 262001
PO 00000
Frm 00034
Fmt 4701
Sfmt 4702
E:\FR\FM\29AUP2.SGM
29AUP2
2025
Shorebased
trawl allocation
(mt)
2026
Shorebased
trawl allocation
(mt)
3.3
8,573
653
348
2,091
24
593
43,538
8,236
1,503
295
1,901
1,044
2,723
TBD
2,001
13,091
3,289
406
1,419
188
10,243
4,230
6,922
3.4
6,705
648
347
1,961
23
572
38,819
8,174
1,449
305
1,812
1,044
2,621
TBD
1,885
13,091
3,289
464
1,382
188
9,398
4,038
6,175
Federal Register / Vol. 89, No. 168 / Thursday, August 29, 2024 / Proposed Rules
70439
TABLE 1 TO PARAGRAPH (d)(1)(ii)(D)—SHOREBASED TRAWL ALLOCATIONS FOR 2025 AND 2026—Continued
IFQ species
Area
Shelf Rockfish complex ................................................
Shelf Rockfish complex ................................................
Slope Rockfish complex ...............................................
Slope Rockfish complex ...............................................
a Managed
North of 40°10′ N lat
South of 40°10′ N lat
North of 40°10′ N lat
South of 40°10′ N lat
....................................................
....................................................
....................................................
....................................................
*
*
*
*
(g) Retention and disposition
requirements—(1) General. Shorebased
IFQ Program vessels may discard IFQ
species/species groups, provided such
discards are accounted for and deducted
from QP in the vessel account. The
discard mortality for those species with
discard mortality rates must be
accounted for and applied to QP in the
vessel account. With the exception of
vessels on a declared Pacific whiting
IFQ trip and engaged in maximized
retention, and vessels fishing under a
valid EM Authorization in accordance
with § 660.604, prohibited and
protected species (except short-tailed
albatross as directed by
§ 660.21(c)(1)(v)) must be discarded at
sea. Pacific halibut must be discarded as
soon as practicable and the discard
mortality must be accounted for and
deducted from IBQ pounds in the vessel
account. Non-IFQ species and nongroundfish species may be discarded at
sea, unless otherwise required by EM
Program requirements at § 660.604. The
sorting of catch, the weighing and
discarding of any IBQ and IFQ species,
and the retention of IFQ species must be
monitored by the observer or EM
system.
*
*
*
*
*
Tables 1 (North) and 2 (South) to Part
660, Subpart D—[Removed]
■ 22. Remove tables 1 (North) and 2
(South) to part 660, subpart D.
■ 23. Add tables 1a (North), 1b (North),
1a (South), and 1b (South) to part 660,
subpart D to read as follows:
Table 1a (North) to Part 660, Subpart
D—Limited Entry Trawl Rockfish
Conservation Areas for North of 40≥10′
N Lat.
Note 1 to table 1a (North): The Trawl RCA
is an area closed to fishing with groundfish
trawl gear, as defined at § 660.11. Trawl RCA
boundaries apply in the EEZ only; see
appropriate state regulations for state
closures. Trawl RCA boundaries or Block
Area Closures (BACs) may be revised or
implemented via inseason action; therefore,
users should refer back to this table
throughout the year. Vessels fishing
groundfish trawl quota pounds with
groundfish non-trawl gears, under gear
switching provisions at § 660.140, are subject
to the limited entry fixed gear Non-Trawl
RCA, as described in tables 2a (North) and 2a
(South) to part 660, subpart E.
Latitude
North of 46°16′
N lat:
46°16′ N lat–
40°10′ N lat
Boundary
100 fm line–150 fm line.
763
175
858
425
755
175
836
423
Note 1 to table 1b (North): This table
describes incidental landing allowances for
vessels registered to a Federal limited entry
trawl permit. Trip limits apply in the EEZ
only; see appropriate state regulations for
state trip limits. Trip limits are effective yearround unless otherwise specified for different
cumulative periods (defined at § 660.11
under ‘‘Trip limits’’). Trip limits are effective
from the U.S.-Canada border to 40°10′ N lat.
unless otherwise specified via latitudinal or
state subdivisions in this table. Stock
complexes are defined at § 660.11 under
‘‘Groundfish’’. Trip limits may be revised via
inseason action; therefore, users should refer
back to this table throughout the year. To
convert pounds to kilograms, divide the
weight in pounds by 2.20462. The resulting
quotient is the weight in kilograms. See
provisions at § 660.130 for gear restrictions
and requirements by area. Vessels fishing
groundfish trawl quota pounds with
groundfish non-trawl gears, under gear
switching provisions at § 660.140, are subject
to the limited entry groundfish trawl fishery
landing allowances in this table, regardless of
the type of fishing gear used.
Trip limit
Big skate ............................................................................
Cabezon (California) ..........................................................
Longnose skate ..................................................................
Nearshore rockfish complex, Washington black rockfish
and Oregon black/blue/deacon rockfish.
Oregon cabezon/kelp greenling complex ..........................
Other fish ............................................................................
Pacific Spiny Dogfish .........................................................
Pacific whiting—Midwater Trawl ........................................
Pacific whiting—Large & Small Footrope Gear .................
Pacific whiting—Eureka Management Area ......................
20:56 Aug 28, 2024
Table 1b (North) to Part 660, Subpart
D—Landing Allowances for Non-IFQ
Species and Pacific Whiting North of
40≥10′ N Lat.
BACs may be implemented
and will be announced in
the Federal Register.
Species
lotter on DSK11XQN23PROD with PROPOSALS2
2026
Shorebased
trawl allocation
(mt)
through an international process. These allocations will be updated when announced.
*
VerDate Sep<11>2014
2025
Shorebased
trawl allocation
(mt)
Jkt 262001
PO 00000
Unlimited.
50 lb/month.
Unlimited.
300 lb/month.
50 lb/month.
Unlimited.
60,000 lb/month.
Before the primary whiting season: CLOSED.
During the primary whiting season: mid-water trawl permitted in the RCA. See
§ 660.131 for season and trip limit details.
After the primary whiting season: CLOSED.
Before the primary whiting season: 20,000 lb/trip.
During the primary whiting season: 10,000 lb/trip.
After the primary whiting season: 10,000 lb/trip.
No more than 10,000 lb of whiting may be taken and retained, possessed, or landed
by a vessel that, at any time during the fishing trip, fished in the fishery management area shoreward of 100 fm contour (see § 660.131(d)).
Frm 00035
Fmt 4701
Sfmt 4702
E:\FR\FM\29AUP2.SGM
29AUP2
70440
Federal Register / Vol. 89, No. 168 / Thursday, August 29, 2024 / Proposed Rules
Table 1a (South) to Part 660, Subpart
D—Limited Entry Trawl Rockfish
Conservation Areas for South of 40≥10′
N Lat.
Note 1 to table 1a (South): The Trawl RCA
is an area closed to fishing with groundfish
trawl gear, as defined at § 660.11. Trawl RCA
boundaries apply in the EEZ only; see
appropriate state regulations for state
closures. Trawl RCA boundaries or Block
Area Closures (BACs) may be revised or
implemented via inseason action; therefore,
users should refer back to this table
Latitude
Boundary
South of 40°10′ N lat.: .......................................................
Table 1b (South) to Part 660, Subpart
D—Landing Allowances for Non-IFQ
Species and Pacific Whiting South of
40≥10′ N Lat.
Note 1 to table 1b (South): This table
describes incidental landing allowances for
vessels registered to a Federal limited entry
trawl permit. Trip limits apply in the EEZ
only; see appropriate state regulations for
BACs may be implemented and will be announced in the Federal Register.
state trip limits. Trip limits are effective yearround unless otherwise specified for different
cumulative periods (defined at § 660.11
under ‘‘Trip limits’’). Trip limits are effective
from 40°10′ N lat. to the U.S.-Mexico border
unless otherwise specified via latitudinal or
state subdivisions in this table. Stock
complexes are defined at § 660.11 under
‘‘Groundfish’’. Trip limits may be revised via
inseason action; therefore, users should refer
back to this table throughout the year. To
Species
Pacific whiting—Large & Small Footrope Gear .................
24. Amend § 660.230 by:
a. Revising paragraphs (a) and
(b)(6)(i)(B);
■ b. Removing paragraph (d)(15); and
■ c. Redesignating paragraphs (d)(16)
and (17) as paragraphs (d)(15) and (16).
The revisions read as follows:
■
■
lotter on DSK11XQN23PROD with PROPOSALS2
§ 660.230 Fixed gear fishery—
management measures.
(a) General. Most species taken in
limited entry fixed gear (longline and
pot/trap) fisheries will be managed with
cumulative trip limits (see trip limits in
tables 2b (North) and 2b (South) of this
subpart), size limits (see § 660.60(h)(5)),
seasons (see trip limits in tables 2b
(North) and 2b (South) of this subpart
and sablefish primary season details in
§ 660.231), gear restrictions (see
paragraph (b) of this section), and closed
areas (see paragraph (d) of this section
and §§ 660.70 through 660.79). Cowcod,
yelloweye, and California quillback
rockfish retention is prohibited in all
fisheries, and groundfish vessels
operating south of Point Conception
20:56 Aug 28, 2024
convert pounds to kilograms, divide the
weight in pounds by 2.20462. The resulting
quotient is the weight in kilograms. See
provisions at § 660.130 for gear restrictions
and requirements by area. Vessels fishing
groundfish trawl quota pounds with
groundfish non-trawl gears, under gear
switching provisions at § 660.140, are subject
to the limited entry groundfish trawl fishery
landing allowances in this table, regardless of
the type of fishing gear used.
Trip limit
Big skate ............................................................................
Blackgill rockfish .................................................................
Cabezon .............................................................................
California scorpionfish ........................................................
Longnose skate ..................................................................
Longspine thornyhead ........................................................
(south of 34° 27′ N lat.) .....................................................
Nearshore rockfish complex, Washington black rockfish
and Oregon black/blue/deacon rockfish.
Other fish ............................................................................
Pacific Spiny Dogfish .........................................................
Pacific whiting—Midwater Trawl ........................................
VerDate Sep<11>2014
throughout the year. Vessels fishing
groundfish trawl quota pounds with
groundfish non-trawl gears, under gear
switching provisions at § 660.140, are subject
to the limited entry fixed gear Non-Trawl
RCA, as described in tables 2a (North) and 2a
(South) to part 660, subpart E.
Jkt 262001
Unlimited.
Unlimited.
50 lb/month.
Unlimited.
Unlimited.
24,000 lb/2 months.
300 lb/month.
Unlimited.
60,000 lb/month.
During the primary whiting season: allowed seaward of the Trawl RCA; prohibited
within and shoreward of the Trawl RCA.
Before the primary whiting season: 20,000 lb/trip.
During the primary whiting season: 10,000 lb/trip.
After the primary whiting season: 10,000 lb/trip.
must adhere to GEA restrictions (see
paragraph (d)(16) of this section and
§ 660.70). Regulations governing tier
limits for the limited entry fixed gear
sablefish primary season north of 36°N
lat. are found in § 660.231. Vessels not
participating in the sablefish primary
season are subject to daily or weekly
sablefish limits in addition to
cumulative limits for each cumulative
limit period. Only one sablefish landing
per week may be made in excess of the
daily trip limit and, if the vessel chooses
to make a landing in excess of that daily
trip limit, then that is the only sablefish
landing permitted for that week. The
trip limit for black rockfish caught with
hook-and-line gear also applies, see
paragraph (e) of this section. The trip
limits in tables 2b (North) and 2b
(South) of this subpart apply to vessels
participating in the limited entry
groundfish fixed gear fishery and may
not be exceeded.
(b) * * *
(6) * * *
PO 00000
Frm 00036
Fmt 4701
Sfmt 4702
(i) * * *
(B) No more than four vertical
mainlines attached to or fished from the
vessel (e.g., rod and reel) may be used
in the water at one time.
*
*
*
*
*
■ 25. Amend § 660.231 by revising
paragraphs (b)(3)(i) and (iv) to read as
follows:
§ 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
E:\FR\FM\29AUP2.SGM
29AUP2
Federal Register / Vol. 89, No. 168 / Thursday, August 29, 2024 / Proposed Rules
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 three 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 three 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
§ 660.232. In 2025, the following annual
limits are in effect: Tier 1 at 246,824 lb
(111,957 kg), Tier 2 at 112,193 lb
(50,890 kg), and Tier 3 at 64,110 lb
(29,080 kg). In 2026 and beyond, the
following annual limits are in effect:
Tier 1 at 234,312 lb (106,282 kg), Tier
2 at 106,506 lb (48,310 kg), and Tier 3
at 60,860 lb (27,606 kg).
*
*
*
*
*
(iv) Incidental Pacific halibut
retention north of Pt. Chehalis, WA
(46°53.30′ N lat.). Pacific halibut may be
retained north of Pt Chehalis by vessels
participating in the sablefish primary
fishery with the requisite Pacific halibut
commercial fishery permit. Pacific
halibut incidentally caught in the
primary sablefish fishery when using
bottom longline gear may be retained
from April 1 through the Pacific halibut
commercial fishing closure date set by
the International Pacific Halibut
Commission. Vessels permitted as
described in this section may possess
and land up to 130 lb (59 kg) dressed
weight of Pacific halibut for every 1,000
lb (454 kg) dressed weight of sablefish
landed, plus two additional Pacific
halibut. Pacific halibut retained as
described in this section may not be
possessed or landed south of Pt.
Chehalis.
*
*
*
*
*
■ 26. Amend § 660.232 by revising
paragraph (a)(3) to read as follows:
§ 660.232 Limited entry daily trip limit
(DTL) fishery for sablefish.
(a) * * *
(3) Vessels registered for use with a
limited entry fixed gear permit that does
not have a sablefish endorsement may
fish in the limited entry DTL fishery,
consistent with regulations at § 660.230,
for as long as that fishery is open during
the fishing year, subject to routine
management measures imposed under
§ 660.60(c), Subpart C. DTL limits for
the limited entry fishery north and
south of 36° N lat. are provided in tables
2b (North) and 2b (South) of this
subpart.
*
*
*
*
*
Tables 2 (North) and 2 (South) to Part
660, Subpart E—[Removed]
27. Remove tables 2 (North) and 2
(South) to part 660, subpart E.
■ 28. Add tables 2a (North), 2b (North),
2a (South), and 2b (South) to part 660,
subpart E to read as follows:
■
Table 2a (North) to Part 660, Subpart
E—Non-Trawl Rockfish Conservation
Area Boundaries
Note 1 to table 2a (North): The Non-Trawl
RCA is an area closed to fishing with
particular non-trawl gear types, as defined at
§ 660.11. Non-Trawl RCA boundaries apply
in the EEZ only; see appropriate state
regulations for state closures. Non-Trawl
RCA boundaries may be revised via inseason
action; therefore, users should refer back to
this table throughout the year.
Latitude
Boundary
North of 46°16′ N lat.: ..............................................................................
46°16′ N lat.–42°00′ N lat. ........................................................................
42°00′ N lat.–40°10′ N lat. ........................................................................
Table 2b (North) to Part 660, Subpart
E—Trip Limits for Limited Entry Fixed
Gear North of 40≥10′ N Lat.
Note 1 to table 2b (North): Trip limits
apply in the EEZ only; see appropriate state
regulations for state trip limits. Trip limits
Shoreward EEZ–100 fm line.
30 fm line–75 fm line.
Shoreward EEZ–75 fm line.
are effective year-round unless otherwise
specified for different cumulative periods
(defined at § 660.11 under ‘‘Trip limits’’).
Trip limits are effective from the U.S.-Canada
border to 40°10′ N lat. unless otherwise
specified via latitudinal or state subdivisions
in this table. Stock complexes are defined at
§ 660.11 under ‘‘Groundfish’’. Trip limits
may be revised via inseason action; therefore,
users should refer back to this table
throughout the year. To convert pounds to
kilograms, divide the weight in pounds by
2.20462. The resulting quotient is the weight
in kilograms.
Species
Trip Limit
lotter on DSK11XQN23PROD with PROPOSALS2
Big skate ...................................................................................................
Black rockfish (42°00′ N lat.–40°10′ N lat.) ..............................................
Cabezon (42°00′ N lat.–40°10′ N lat.) ......................................................
Cabezon/kelp greenling complex (Oregon) ..............................................
Canary rockfish .........................................................................................
Flatfish (includes dover sole, arrowtooth flounder, petrale sole, English
sole, starry flounder).
Lingcod (north of 42°00′ N lat.) ................................................................
Lingcod (42°00′ N lat.–40°10′ N lat.) .......................................................
Longnose skate ........................................................................................
Longspine thornyheads ............................................................................
Nearshore rockfish complex, Oregon black/blue/deacon rockfish, &
Washington black rockfish (north of 42°00′ N lat.).
Nearshore rockfish complex .....................................................................
(42°00′ N lat.–40°10′ N lat.) .....................................................................
Other fish ..................................................................................................
Other flatfish complex (north of 42°00′ N lat.) .........................................
Other flatfish complex ...............................................................................
(42°00′ N lat.–40°10′ N lat.) .....................................................................
VerDate Sep<11>2014
20:56 Aug 28, 2024
Jkt 262001
70441
PO 00000
Frm 00037
Fmt 4701
Unlimited.
CLOSED.
CLOSED.
Unlimited.
3,000 lb/2 months.
20,000 lb/2 months.
11,000 lb/2 months.
2,000 lb/2 months seaward of the Non-Trawl RCA; CLOSED inside the
Non-Trawl RCA.
Unlimited.
10,000 lb/2 months.
5,000 lb/2 months, no more than 1,200 lb of which may be species
other than black rockfish or blue/deacon rockfish
See § 660.230(e) for additional trip limits for Washington black rockfish.
CLOSED.
Unlimited.
20,000 lb/2 months.
20,000 lb/2 months seaward of the Non-Trawl RCA; CLOSED inside
the Non-Trawl RCA.
Sfmt 4702
E:\FR\FM\29AUP2.SGM
29AUP2
70442
Federal Register / Vol. 89, No. 168 / Thursday, August 29, 2024 / Proposed Rules
Species
Trip Limit
Pacific cod ................................................................................................
Pacific ocean perch ..................................................................................
Pacific Spiny Dogfish ................................................................................
Pacific whiting ...........................................................................................
Quillback rockfish .....................................................................................
(42°00′ N lat.–40°10′ N lat.) .....................................................................
Sablefish ...................................................................................................
Shelf rockfish complex .............................................................................
Shortspine thornyhead .............................................................................
Slope rockfish complex & darkblotched rockfish .....................................
Widow rockfish .........................................................................................
Yelloweye rockfish ....................................................................................
Yellowtail rockfish .....................................................................................
Table 2a (South) to Part 660, Subpart
E—Non-Trawl Rockfish Conservation
Area Boundaries
Note 1 to table 2a (South): The Non-Trawl
RCA is an area closed to fishing with
1,000 lb/2 months.
3,600 lb/2 months.
Periods 1–2: 200,000 lb/2 months
Period 3: 150,000 lb/2 months
Periods 4–6: 100,000 lb/2 months.
10,000 lb per trip.
CLOSED.
4,500 lb/week
not to exceed 9,000 lb/2 months.
1,600 lb/2 months.
3,000 lb/2 months.
8,000 lb/2 months.
4,000 lb/2 months.
CLOSED.
6,000 lb/2 months.
particular non-trawl gear types, as defined at
§ 660.11. Non-Trawl RCA boundaries apply
in the EEZ only; see appropriate state
regulations for state closures. Non-Trawl
RCA boundaries may be revised via inseason
action; therefore, users should refer back to
this table throughout the year.
Latitude
Boundary
40°10′ N lat.–37° 07′ N lat. ......................................................................
37° 07′ N lat.–34° 27′ N lat. .....................................................................
South of 34° 27′ N lat. ..............................................................................
Table 2b (South) to Part 660, Subpart
E—Trip Limits for Limited Entry Fixed
Gear South of 40≥10′ N Lat.
Note 1 to table 2b (South): Trip limits
apply in the EEZ only; see appropriate state
regulations for state trip limits. Trip limits
Shoreward EEZ–75 fm line.
50 fm line–75 fm line.
100 fm line–150 fm line (also applies around islands and banks).
are effective year-round unless otherwise
specified for different cumulative periods
(defined at § 660.11 under ‘‘Trip limits’’).
Trip limits are effective from 40°10′ N lat. to
the U.S.-Mexico border unless otherwise
specified via latitudinal or state subdivisions
in this table. Stock complexes are defined at
§ 660.11 under ‘‘Groundfish’’. Trip limits
may be revised via inseason action; therefore,
users should refer back to this table
throughout the year. To convert pounds to
kilograms, divide the weight in pounds by
2.20462. The resulting quotient is the weight
in kilograms.
Species
Trip limit
lotter on DSK11XQN23PROD with PROPOSALS2
Big skate ...................................................................................................
Bocaccio ...................................................................................................
Bronzespotted rockfish .............................................................................
Cabezon (40°10′ N lat.–36° N lat.) ..........................................................
Cabezon (south of 36° N lat.) ..................................................................
California scorpionfish ..............................................................................
Canary rockfish .........................................................................................
Chilipepper rockfish (40°10′ N lat.–34° 27′ N lat.) ...................................
Chilipepper rockfish (south of 34° 27′ N lat.) ...........................................
Cowcod .....................................................................................................
Flatfish (includes dover sole, arrowtooth flounder, petrale sole, English
sole, starry flounder).
Lingcod (40°10′ N lat.–37° 07′ N lat.) ......................................................
Lingcod (south of 37° 07′ N lat.) ..............................................................
Longnose skate ........................................................................................
Longspine thornyhead (south of 34° 27′ N lat.) .......................................
Nearshore rockfish complexes:
Shallow nearshore rockfish complex (40°10′ N lat.–36° N lat.) ........
Shallow nearshore rockfish complex (south of 36° N lat.) ...............
Deeper nearshore rockfish complex (40°10′ N lat.–36° N lat.) ........
Deeper nearshore rockfish complex (south of 36° N lat.) ................
Other fish ..................................................................................................
Other flatfish complex (40°10′ N lat.–37° 07′ N lat.) ................................
Other flatfish complex (south of 37° 07′ N lat.) ........................................
Pacific cod ................................................................................................
VerDate Sep<11>2014
20:56 Aug 28, 2024
Jkt 262001
PO 00000
Frm 00038
Fmt 4701
Unlimited.
8,000 lb/2 months.
CLOSED.
CLOSED.
Unlimited.
3,500 lb/2 months.
3,500 lb/2 months.
10,000 lb/2 months.
8,000 lb/2 months.
CLOSED.
20,000 lb/2 months.
1,600 lb/2 months seaward of the Non-Trawl RCA; 0 lb/2 months inside of the Non-Trawl RCA.
1,600 lb/2 months.
Unlimited.
10,000 lb/2 months.
CLOSED.
2,000 lb/2 months.
CLOSED.
2,000 lb/2 months, of which no more than 75 lb may be copper rockfish.
Unlimited.
20,000 lb/2 months seaward of the Non-Trawl RCA; CLOSED inside of
the Non-Trawl RCA.
20,000 lb/2 months.
1,000 lb/2 months.
Sfmt 4702
E:\FR\FM\29AUP2.SGM
29AUP2
Federal Register / Vol. 89, No. 168 / Thursday, August 29, 2024 / Proposed Rules
Species
Trip limit
Pacific Spiny Dogfish ................................................................................
Periods 1–2: 200,000 lb/2 months.
Period 3: 150,000 lb/2 months.
Periods 4–6: 100,000 lb/2 months.
10,000 lb per trip.
CLOSED.
4,500 lb/week not to exceed 9,000 lb/2 months.
2,500 lb/2 months.
6,000 lb per 2 months, of which no more than 500 lb may be vermilion/
sunset rockfish.
8,000 lb per 2 months, of which no more than 500 lb may be vermilion/
sunset rockfish.
5,000 lb per 2 months, of which no more than 3,000 lb may be
vermilion/sunset rockfish.
3,000 lb/2 months.
40,000 lb/2 months, of which no more than 6,000 lb may be blackgill
rockfish.
40,000 lb/2 months.
10,000 lb/2 months.
8,000 lb/2 months.
CLOSED.
Pacific whiting ...........................................................................................
Quillback rockfish .....................................................................................
Sablefish (40°10′ N lat.–36° N lat.) ..........................................................
Sablefish (south of 36° N lat.) ..................................................................
Shelf rockfish complex (40°10′ N lat.–37° 07′ N lat.); excludes
bronzespotted rockfish..
Shelf rockfish complex (37° 07′ N lat.–34° 27′ N lat.); excludes
bronzespotted rockfish..
Shelf rockfish complex (south of 34° 27′ N lat.); excludes
bronzespotted rockfish.
Shortspine thornyhead (40° 10′ N lat.–34° 27′ N Lat.) ............................
Slope rockfish complex & darkblotched rockfish .....................................
Splitnose rockfish .....................................................................................
Widow rockfish (40°10′ N lat.–34° 27′ N lat.) ..........................................
Widow rockfish (south of 34° 27′ N lat.) ..................................................
Yelloweye rockfish ....................................................................................
29. Amend § 660.312 by adding
paragraph (a)(6) to read as follows:
■
§ 660.312 Open access fishery—
prohibitions.
*
*
*
*
*
(a) * * *
(6) Take and retain, possess, or land
groundfish in the directed open access
fishery without having a valid directed
open access permit for the vessel.
*
*
*
*
*
■ 30. Amend § 660.330 by:
■ a. Revising paragraphs (a), (b)(3)
introductory text, and (b)(3)(i)(B) and
(C);
■ b. Removing paragraph (d)(17); and
■ c. Redesignating paragraphs (d)(18)
and (19) as paragraphs (d)(17) and (18).
The revisions read as follows:
§ 660.330 Open access fishery—
management measures.
lotter on DSK11XQN23PROD with PROPOSALS2
70443
(a) General. Groundfish species taken
in open access fisheries will be managed
with cumulative trip limits (see trip
limits in tables 3b (North) and 3b
(South) of this subpart), size limits (see
§ 660.60(h)(5)), seasons (see seasons in
tables 3a (North) and 3a (South) of this
subpart), gear restrictions (see paragraph
(b) of this section), and closed areas (see
paragraph (d) of this section and
§§ 660.70 through 660.79). Unless
otherwise specified, a vessel operating
in the open access fishery is subject to,
and must not exceed, any trip limit,
frequency limit, and/or size limit for the
open access fishery. Retention of
cowcod, yelloweye rockfish, and
quillback rockfish off California is
prohibited in all fisheries, and
groundfish vessels operating south of
Point Conception must adhere to GEA
restrictions (see paragraph (d)(18) of this
section and § 660.70). For information
on the open access daily/weekly trip
VerDate Sep<11>2014
20:56 Aug 28, 2024
Jkt 262001
limit fishery for sablefish, see § 660.332
and the trip limits in tables 3b (North)
and 3b (South) of this subpart. Open
access vessels are subject to daily or
weekly sablefish limits in addition to
cumulative limits for each cumulative
limit period. Only one sablefish landing
per week may be made in excess of the
daily trip limit and, if the vessel chooses
to make a landing in excess of that daily
trip limit, then that is the only sablefish
landing permitted for that week. The
trip limit for black rockfish caught with
hook-and-line gear also applies (see
paragraph (e) of this section).
(b) * * *
(3) Gear for use inside the Non-Trawl
RCA. Inside the Non-Trawl RCA, only
legal non-bottom contact hook-and-line
gear configurations may be used for
target fishing for groundfish by vessels
that participate in the directed open
access sector as defined at § 660.11.
Vessels must be registered to a valid
directed open access permit as defined
at § 660.25(i). On a fishing trip where
any fishing will occur inside the NonTrawl RCA, only one type of legal nonbottom contact gear may be carried on
board, and no other fishing gear of any
type may be carried on board or stowed
during that trip. The vessel may fish
inside and outside the Non-Trawl RCA
on the same fishing trip, provided a
valid declaration report as required at
§ 660.13(d) has been filed with NMFS
OLE. Legal non-bottom contact hookand-line gear means stationary vertical
jig gear not anchored to the bottom, and
groundfish troll gear, subject to the
specifications in paragraphs (b)(3)(i) and
(ii) of this section.
(i) * * *
(B) No more than four vertical
mainlines attached to or fished from the
PO 00000
Frm 00039
Fmt 4701
Sfmt 4702
vessel (e.g., rod & reel) may be used in
the water at one time.
(C) No more than 100 hooks may be
in the water at one time, with no more
than 25 extra hooks on board the vessel.
*
*
*
*
*
■ 31. Amend § 660.332 by revising
paragraph (b)(1) to read as follows:
§ 660.332 Open access daily trip limit
(DTL) fishery for sablefish.
*
*
*
*
*
(b) * * *
(1) Daily and/or weekly trip limits for
the open access fishery north and south
of 36° N lat. are provided in tables 3b
(North) and 3b (South) of this subpart.
*
*
*
*
*
32. Amend § 660.333 by revising
paragraph (a), redesignating paragraph
(e) as paragraph (g), and adding new
paragraph (e) and paragraphs (f), (h),
and (i).
The revision and additions read as
follows:
§ 660.333 Open access non-groundfish
trawl fishery—management measures.
(a) General. This section describes
management measures for vessels that
take groundfish incidentally with nongroundfish trawl gear, including vessels
engaged in fishing for pink shrimp,
ridgeback prawns, California halibut, or
sea cucumbers.
*
*
*
*
*
(e) Non-Trawl Rockfish Conservation
Area restrictions for the ridgeback
prawn, California halibut, and sea
cucumber fisheries. (1) 40° 10′ N lat.–
38.00° N lat.: 100 fm to 150 fm during
Periods 1 and 6; 100 fm to 150 fm
during Periods 2, 3, 4, and 5.
(2) 38.00° N lat.–34° 27 N lat.: 100 fm
to 150 fm
(3) South of 34° 27 N lat.: 100 fm to
150 fm
E:\FR\FM\29AUP2.SGM
29AUP2
lotter on DSK11XQN23PROD with PROPOSALS2
70444
Federal Register / Vol. 89, No. 168 / Thursday, August 29, 2024 / Proposed Rules
(f) Trip Limits for the ridgeback
prawn, California halibut, and sea
cucumber fisheries. Groundfish. 300 lb
(136 kg) per trip. Species-specific limits
described in table 3b South also apply
and are counted toward the 300 lb (136
kg) groundfish per trip limit. The
amount of groundfish landed may not
exceed the amount of the target species
landed, except that the amount of
Pacific spiny dogfish landed may
exceed the amount of target species
landed. Pacific spiny dogfish are limited
by the 300 lb (136 kg)/trip overall
groundfish limit. The daily trip limits
for sablefish coastwide and thornyheads
south of Pt. Conception and the overall
groundfish ‘‘per trip’’ limit may not be
multiplied by the number of days of the
trip. Vessels participating in the
California halibut fishery south of
38°57.50′ N lat. are allowed to:
(1) Land up to 100 lb (45 kg) per day
of groundfish without the ratio
requirement, provided that at least one
California halibut is landed; and
(2) Land up to 3,000 lb (1,361 kg) per
month of flatfish, no more than 300 lb
(136 kg) of which may be species other
than Pacific sanddabs, sand sole, starry
flounder, rock sole, curlfin sole, or
California scorpionfish (California
scorpionfish is also subject to the trip
limits and closures in table 3b South).
*
*
*
*
*
(h) Management measures for the
pink shrimp fishery north of 40° 10′ N
lat. Effective April 1–October 31:
Groundfish: 500 lb (227 kg)/day,
multiplied by the number of days of the
trip, not to exceed 1,500 lb (680 kg)/trip.
The following sublimits also apply and
are counted toward the overall 500 lb
(227 kg)/day and 1,500 lb (680 kg)/trip
groundfish limits: lingcod 300 lb (136
kg)/month (minimum 24-inch (0.61 cm)
size limit); sablefish 2,000 lb (907 kg)/
month; canary, thornyheads, and
yelloweye rockfish are PROHIBITED.
All other groundfish species taken are
managed under the overall 500 lb (227
kg)/day and 1,500 lb (680 kg)/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.
(i) Management measures for the pink
shrimp fishery south of 40° 10′ N lat.
Effective April 1–October 31:
Groundfish: 500 lb (227 kg)/day,
multiplied by the number of days of the
trip, not to exceed 1,500 lb (680 kg)/trip.
The following sublimits also apply and
are counted toward the overall 500 lb
(227 kg)/day and 1,500 lb (680 kg)/trip
groundfish limits: lingcod 300 lb (136
kg)/month (minimum 24-inch (0.61 cm)
size limit); sablefish 2,000 lb (907 kg)/
month; canary rockfish, thornyheads,
and yelloweye rockfish are
PROHIBITED. All other groundfish
species taken are managed under the
overall 500 lb (227 kg)/day and 1,500 lb
(680 kg)/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.
■ 33. Add § 660.334 to read as follows:
§ 660.334 Open access non-groundfish
salmon troll fishery—management
measures.
(a) General. This section includes
management measures applicable to
vessels that incidentally take and retain
groundfish while participating in the
West Coast salmon fishery under the
regulations at part 660, subpart H
(herein referred to as ‘‘salmon troll
fishery’’). All salmon troll vessels that
take and retain groundfish species are
subject to the open access trip limits,
seasons, size limits, and Non-Trawl
RCA restrictions listed in tables 3a
(North), 3b (North), 3a (South), and 3b
(South) to this subpart, unless otherwise
stated in this section.
(b) Trip limits. (1) In the area north of
40° 10′ N lat., salmon trollers may retain
and land up to 500 lb (227 kg) of
yellowtail rockfish per month as long as
salmon is on board, both within and
outside of the Non-Trawl RCA. Salmon
trollers may retain and land up to 1
lingcod per 2 Chinook per trip, plus 1
lingcod per trip, up to a trip limit of 10
lingcod, on a trip where any fishing
occurs within the Non-Trawl RCA. The
lingcod limit only applies during times
when lingcod retention is allowed and
is not ‘‘CLOSED’’. These limits are
within the limits described in table 3b
(North), and not in addition to those
limits.
(2) In the area south of 40° 10′ N lat.,
salmon trollers may retain and land up
to 1 lb (0.45 kg) of yellowtail rockfish
for every 2 lb (0.90 kg) of Chinook
salmon landed, with a cumulative limit
of 200 lb (91 kg)/month, both within
and outside of the Non-Trawl RCA. This
limit is within the trip limits for shelf
rockfish, 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 tables 3a (South)
and 3b (South) to this subpart, unless
otherwise stated here.
Tables 3 (North) and 3 (South) to Part
660, Subpart F—[Removed]
34. Remove tables 3 (North) and 3
(South) to part 660, subpart F.
■ 35. Add tables 3a (North), 3b (North),
3a (South), and 3b (South) to part 660,
subpart F to read as follows:
■
Table 3a (North) to Part 660, Subpart
F—Non-Trawl Rockfish Conservation
Area Boundaries
Note 1 to table 3a (North): The Non-Trawl
RCA is an area closed to fishing with
particular non-trawl gear types, as defined at
§ 660.11. Non-Trawl RCA boundaries apply
in the EEZ only; see appropriate state
regulations for state closures. Non-Trawl
RCA boundaries may be revised via inseason
action; therefore, users should refer back to
this table throughout the year.
Latitude
Boundary
North of 46°16′
N lat..
46°16′ N lat.–
42°00′ N lat..
42°00′ N lat.–
40°10′ N lat.
Shoreward EEZ–100 fm line.
VerDate Sep<11>2014
20:56 Aug 28, 2024
Jkt 262001
Note 1 to table 3b (North): Trip limits
apply in the EEZ only; see appropriate state
regulations for state trip limits. Trip limits
are effective year-round unless otherwise
specified for different cumulative periods
(defined at § 660.11 under ‘‘Trip limits’’).
Trip limits are effective from the U.S.-Canada
border to 40°10′ N lat. unless otherwise
specified via latitudinal or state subdivisions
in this table. Stock complexes are defined at
§ 660.11 under ‘‘Groundfish’’. Trip limits
may be revised via inseason action; therefore,
users should refer back to this table
throughout the year. To convert pounds to
kilograms, divide the weight in pounds by
2.20462. The resulting quotient is the weight
in kilograms.
Trip limit
PO 00000
Frm 00040
Fmt 4701
Unlimited.
CLOSED.
CLOSED.
Unlimited.
Sfmt 4702
Shoreward EEZ–75 fm line.
Table 3b (North) to Part 660, Subpart
F—Trip Limits for Open Access North
of 40≥10′ N Lat.
Species
Big skate ...................................................................................................
Black rockfish (42°00′ N Lat.–40°10′ N Lat.) ...........................................
Cabezon (42°00′ N Lat.–40°10′ N Lat.) ...................................................
Cabezon/kelp greenling complex (Oregon) ..............................................
30 fm line–75 fm line.
E:\FR\FM\29AUP2.SGM
29AUP2
Federal Register / Vol. 89, No. 168 / Thursday, August 29, 2024 / Proposed Rules
Species
Trip limit
Canary rockfish .........................................................................................
Flatfish (includes dover sole, arrowtooth flounder, petrale sole, English
sole, starry flounder).
Lingcod (north of 42°00′ N Lat.) ...............................................................
Lingcod (42°00′ N Lat.–40°10′ N Lat.) .....................................................
Longnose skate ........................................................................................
Longspine thornyheads ............................................................................
Nearshore rockfish complex, Oregon black/blue/deacon rockfish, &
Washington black rockfish (north of 42°00′ N Lat.).
Nearshore rockfish complex (42°00′ N Lat.–40°10′ N Lat.) .....................
Other fish ..................................................................................................
Other flatfish complex (north of 42°00′ N Lat.) ........................................
Other flatfish complex (42°00′ N Lat.–40°10′ N Lat.) ..............................
Pacific cod ................................................................................................
Pacific ocean perch ..................................................................................
Pacific Spiny Dogfish ................................................................................
Pacific whiting ...........................................................................................
Quillback rockfish (42°00′ N lat.–40°10′ N lat.) ........................................
Sablefish ...................................................................................................
Shelf rockfish complex (north of 42°00′ N Lat.) .......................................
Shelf rockfish complex (42°00′ N lat.–40°10′ N lat.) ................................
Shortspine thornyhead .............................................................................
Slope rockfish complex & darkblotched rockfish .....................................
Widow rockfish .........................................................................................
Yelloweye rockfish ....................................................................................
Yellowtail rockfish .....................................................................................
Salmon Troll .............................................................................................
Pink Shrimp non-groundfish trawl ............................................................
Table 3a (South) to Part 660, Subpart
F—Non-Trawl Rockfish Conservation
Area Boundaries
Note 1 to table 3a (South): The Non-Trawl
RCA is an area closed to fishing with
particular non-trawl gear types, as defined at
§ 660.11. Non-Trawl RCA boundaries apply
in the EEZ only; see appropriate state
regulations for state closures. Non-Trawl
RCA boundaries may be revised via inseason
action; therefore, users should refer back to
this table throughout the year.
Latitude
40°10′ N lat.–
37°07′ N lat.
37°07′ N lat.–
34°27′ N lat.
South of
34°27′ N lat.
1,000 lb/2 months.
10,000 lb/2 months.
9,000 lb/2 months.
2,000 lb/2 months seaward of the Non-Trawl RCA; CLOSED inside the
Non-Trawl RCA.
Unlimited.
100 lb/2 months.
5,000 lb/2 months no more than 1,200 lb of which may be species
other than black rockfish or blue/deacon rockfish.
See § 660.330(e) for additional trip limits for Washington black rockfish.
CLOSED.
Unlimited.
10,000 lb/2 months.
10,000 lb/2 months seaward of the Non-Trawl RCA; 0 lb/2 months inside the Non-Trawl RCA.
1,000 lb/2 months.
200 lb/2 months.
Periods 1–2: 200,000 lb/2 months.
Period 3: 150,000 lb/2 months.
Periods 4–6: 100,000 lb/2 months.
600 lb/2 months.
CLOSED.
3,250 lb/week not to exceed 6,500 lb/2 months.
1,600 lb/2 months.
1,200 lb per 2 months.
100 lb/2 months.
4,000 lb/2 months.
2,000 lb/2 months.
CLOSED.
3,000 lb/2 months.
See § 660.334(b)(1).
See § 660.333(g) and (h).
Boundary
Shoreward EEZ–75 fm line.
50 fm line–75 fm line.
100 fm line–150 fm line (also
applies around islands and
banks).
Table 3b (South) to Part 660, Subpart
F—Trip Limits for Open Access South
of 40≥10′ N Lat.
Note 1 to table 3b (South): Trip limits
apply in the EEZ only; see appropriate state
regulations for state trip limits. Trip limits
are effective year-round unless otherwise
specified for different cumulative periods
(defined at § 660.11 under ‘‘Trip limits’’).
Trip limits are effective from 40°10′ N lat. to
the U.S.-Mexico border unless otherwise
specified via latitudinal or state subdivisions
in this table. Stock complexes are defined at
§ 660.11 under ‘‘Groundfish’’. Trip limits
may be revised via inseason action; therefore,
users should refer back to this table
throughout the year. To convert pounds to
kilograms, divide the weight in pounds by
2.20462. The resulting quotient is the weight
in kilograms.
lotter on DSK11XQN23PROD with PROPOSALS2
Species
Trip limit
Big skate ...................................................................................................
Bocaccio ...................................................................................................
Bronzespotted rockfish .............................................................................
Cabezon (40°10′ N lat.–36° N lat.) ..........................................................
Cabezon (south of 36° N lat.) ..................................................................
California scorpionfish ..............................................................................
Canary rockfish .........................................................................................
Chilipepper rockfish (40°10′ N lat.–34° 27′ N lat.) ...................................
Chilipepper rockfish (south of 34° 27′ N lat.) ...........................................
Cowcod .....................................................................................................
Flatfish (includes Dover sole, arrowtooth flounder, petrale sole, English
sole, starry flounder).
Lingcod (40°10′ N lat.–37° 07′ N lat.) ......................................................
Lingcod (south of 37° 07′ N lat.) ..............................................................
Longnose skate ........................................................................................
Longspine thornyhead (40° 10′ to 34° 27′ N lat.) ....................................
Nearshore rockfish complexes:
VerDate Sep<11>2014
20:56 Aug 28, 2024
Jkt 262001
70445
PO 00000
Frm 00041
Fmt 4701
Unlimited.
6,000 lb/2 months.
CLOSED.
CLOSED.
Unlimited.
3,500 lb/2 months.
1,500 lb/2 months.
6,000 lb/2 months.
4,000 lb/2 months.
CLOSED.
10,000 lb/2 months.
1,400 lb/2 months seaward of the Non-Trawl RCA; CLOSED inside of
the Non-Trawl RCA.
1,400 lb/2 months.
Unlimited.
100 lb/2 months.
Sfmt 4702
E:\FR\FM\29AUP2.SGM
29AUP2
70446
Federal Register / Vol. 89, No. 168 / Thursday, August 29, 2024 / Proposed Rules
Species
Trip limit
Shallow nearshore rockfish (40°10′ N lat.–36° N lat.) ......................
Shallow nearshore rockfish (south of 36° N lat.) ..............................
Deeper nearshore rockfish (40°10′ N lat.–36° N lat.) .......................
Deeper nearshore rockfish (south of 36° N lat.) ...............................
Other fish (defined at § 660.11) ................................................................
Other flatfish complex (defined at § 660.11) ............................................
Pacific cod ................................................................................................
Pacific Spiny Dogfish ................................................................................
Pacific whiting ...........................................................................................
Quillback rockfish .....................................................................................
Sablefish (40°10′ N lat.–36° N lat.) ..........................................................
Sablefish (south of 36° N lat.) ..................................................................
Shelf rockfish complex (40°10′ N lat.–37° 07′ N lat.); excludes
bronzespotted rockfish.
Shelf rockfish complex (37° 07′ N lat.–34° 27′ N lat.); excludes
bronzespotted rockfish.
Shelf rockfish complex (south of 34° 27′ N lat.); excludes
bronzespotted rockfish.
Shortspine thornyhead (40° 10′ N lat.–34° 27′ N lat.) .............................
Shortspine thornyhead and longspine thornyhead (south of 34° 27′ N
lat.).
Slope rockfish complex & darkblotched rockfish .....................................
Splitnose rockfish .....................................................................................
Widow rockfish (40°10′ N lat.–34° 27′ N lat.) ..........................................
Widow rockfish (south of 34° 27′ N lat.) ..................................................
Yelloweye rockfish ....................................................................................
Salmon Troll .............................................................................................
Ridgeback Prawn, California halibut, and sea cucumber ........................
Pink Shrimp ..............................................................................................
36. Amend § 660.351 by revising the
definition of ‘‘Boat limit’’ and adding in
alphabetical order a definition for
‘‘Descending device’’ to read as follows:
■
§ 660.351 Recreational fishery—
definitions.
*
*
*
*
*
Boat limit means the number of fish
available for a vessel or boat.
Descending device means an
instrument capable of releasing a fish at
the depth from which the fish was
caught.
*
*
*
*
*
■ 37. Amend § 660.352 by adding
paragraph (c) to read as follows:
§ 660.352 Recreational fishery—
prohibitions.
lotter on DSK11XQN23PROD with PROPOSALS2
*
*
*
*
*
(c) Fail to have at least one functional
descending device on board ready for
immediate use during a groundfish
recreational fishing trip.
■ 38. Amend § 660.360 by:
■ a. Adding paragraph (b)(1) and a
reserved paragraph (b)(2);
■ b. Revising paragraph (c)(1)
introductory text, table 1 to paragraph
VerDate Sep<11>2014
20:56 Aug 28, 2024
Jkt 262001
CLOSED.
2,000 lb/2 months.
CLOSED.
2,000 lb/2 months, of which no more than 75 lb may be copper rockfish.
Unlimited.
40°10′ N lat.–37° 07′ N lat.: 10,000 lb/2 months seaward of the NonTrawl RCA; CLOSED inside of the Non-Trawl RCA.
South of 37° 07′ N lat.: 10,000 lb/2 months.
1,000 lb/2 months.
Periods 1–2: 200,000 lb/2 months.
Period 3: 150,000 lb/2 months.
Periods 4–6: 100,000 lb/2 months.
600 lb/2 months.
CLOSED.
3,000 lb/week not to exceed 9,000 lb/2 months.
2,000 lb/week not to exceed 6,000 lb/2 months.
3,000 lb per 2 months, of which no more than 300 lb may be vermilion/
sunset rockfish.
4,000 lb per 2 months, of which no more than 300 lb may be vermilion/
sunset rockfish.
3,000 lb per 2 months, of which no more than 900 lb may be vermilion/
sunset rockfish.
100 lb/2 months.
100 lb/day, no more than 1,000 lb/2 months for all periods.
10,000 lb/2 months, of which no more than 2,500 lb may be blackgill
rockfish.
400 lb/2 months.
6,000 lb/2 months.
4,000 lb/2 months.
CLOSED.
See § 660.334(b)(2).
See § 660.333(e) and (f).
See § 660.333(g) and (i).
(c)(1)(i)(D), paragraphs (c)(1)(ii) through
(iv) and (c)(2)(iii)(A) through (C);
■ c. Redesignating paragraphs
(c)(2)(iii)(D) and (E) as paragraphs
(c)(2)(iii)(E) and (F);
■ d. Adding new paragraph (c)(2)(iii)(D);
■ e. Revising paragraph (c)(3)(i)(A);
■ f. Removing paragraph (c)(3)(ii)(C);
■ g. Redesignating paragraph
(c)(3)(ii)(D) as paragraph (c)(3)(ii)(C) and
revising it;
■ h. Revising paragraph (c)(3)(iii)(D);
■ i. Removing paragraph (c)(3)(v)(C);
and
■ j. Redesignating paragraph (c)(3)(v)(D)
as paragraph (c)(3)(v)(C) and revising it.
The revisions and additions read as
follows:
§ 660.360 Recreational fishery—
management measures.
*
*
*
*
*
(b) * * *
(1) All vessels participating in the
groundfish recreational fishery seaward
of California, Oregon, or Washington
must carry on board one functional
descending device as defined at
§ 660.351. The descending device must
be available for immediate use and be
PO 00000
Frm 00042
Fmt 4701
Sfmt 4702
available to present to an enforcement
officer upon request.
(2) [Reserved]
(c) * * *
(1) Washington. For each person
engaged in recreational fishing off the
coast of Washington, the groundfish bag
limit is nine groundfish per day,
including rockfish, cabezon, and
lingcod. Within the groundfish bag
limit, there are sub-limits for rockfish,
lingcod, and cabezon outlined in
paragraph (c)(1)(i)(D) of this section. In
addition to the groundfish bag limit of
nine, there will be a flatfish limit of five
fish, not to be counted towards the
groundfish bag limit but in addition to
it. The recreational groundfish fishery
will open the second Saturday in March
through the third Saturday in October
for all species. In the Pacific halibut
fisheries, retention of groundfish is
governed in part by annual management
measures for Pacific halibut fisheries,
which are published in the Federal
Register. The following seasons, closed
areas, sub-limits, and size limits apply:
(i) * * *
(D) * * *
BILLING CODE 3510–22–P
E:\FR\FM\29AUP2.SGM
29AUP2
Federal Register / Vol. 89, No. 168 / Thursday, August 29, 2024 / Proposed Rules
70447
Table 1 to Paragraph (C)(l)(i)(D) -- Washington Recreational Fishing Season
Structure
Marine
Area
3&4
(N.
Coast)
Jan I Feb I Mar I Apr I May
Open a
Closed
June
I July
See WA state
regulations
for allowable
depths a be
Aug I Sep I Oct I Nov I Dec
Open
Closed
lotter on DSK11XQN23PROD with PROPOSALS2
BILLING CODE 3510–22–C
(ii) Rockfish. In areas of the EEZ
seaward of Washington (Washington
Marine Areas 1–4) that are open to
recreational groundfish fishing, there is
a seven rockfish per day bag limit,
including a sub-bag limit of five canary
rockfish. Taking and retaining
yelloweye rockfish is prohibited in all
Marine Areas.
(iii) Cabezon. In areas of the EEZ
seaward of Washington (Washington
Marine Areas 1–4) that are open to
recreational groundfish fishing, there is
a one cabezon per day bag limit.
(iv) Lingcod. In areas of the EEZ
seaward of Washington (Washington
Marine Areas 1–4) that are open to
recreational groundfish fishing and
when the recreational season for lingcod
is open, there is a bag limit of two
VerDate Sep<11>2014
20:56 Aug 28, 2024
Jkt 262001
lingcod per day. The recreational fishing
seasons for lingcod is open from the
second Saturday in March through the
third Saturday in October.
(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 with a sub-bag
limit of 5 fish per day for canary
rockfish. 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 (e.g., herring, smelt, anchovies,
and sardines). The minimum size for
cabezon retained in the Oregon
PO 00000
Frm 00043
Fmt 4701
Sfmt 4702
recreational fishery is 16 in (41 cm) total
length.
(B) Lingcod. There is a three fish limit
per day. The minimum size for lingcod
retained in the Oregon recreational
fishery is 22 in (56 cm) total length. For
vessels using long-leader gear (as
defined in § 660.351) and fishing inside
the Recreational RCA, possession of
lingcod is prohibited.
(C) Flatfish. There is a 25 fish limit
per day for all flatfish, excluding Pacific
halibut, but including all soles,
flounders, and Pacific sanddabs.
(D) Sablefish. There is a 10 fish limit
per day.
*
*
*
*
*
(3) * * *
(i) * * *
(A) Recreational rockfish conservation
areas. The recreational RCAs are areas
E:\FR\FM\29AUP2.SGM
29AUP2
EP29AU24.021
2 (S.
Open de
Closed
Closed
Coast)
1 (Col.
Open fg
Closed
Closed
River)
a Retention of copper, quillback, and vermilion rockfishes prohibited May 1 through July
31.
h Retention of lingcod, Pacific cod, sablefish, bocaccio, silvergray rockfish, canary
rockfish, widow rockfish, and yellowtail rockfish allowed >20 fm (37 m) on days when
Pacific halibut is open June 1 through July 31.
c Retention ofyellowtail and widow rockfishes is allowed >20 fm (37 m) in July.
d From May 1 through May 31, lingcod retention prohibited >30 fm (55 m), except on
days that the primary Pacific halibut season is open.
e When lingcod is open, retention is prohibited seaward of a line drawn from Queets
River (47° 31.70' N. lat. 124° 45.00' W. long.) to Leadbetter Point (46° 38.17' N. lat. 124°
30.00' W. long.), except on days open to the primary Pacific halibut fishery and June 1 15 and September 1 - 30.
f Retention of sablefish, Pacific cod, flatfish (other than halibut), yellowtail, widow,
canary, redstripe, greenstriped, silvergray, chilipepper, bocaccio, and blue/deacon
rockfishes allowed during the all-depth Pacific halibut fishery. Lingcod retention is only
allowed with halibut on board north of the WA-OR border.
g Retention of lingcod is prohibited seaward of a line drawn from Leadbetter Point (46°
38.17' N. lat., 124° 21.00' W. long.) to 46° 33.00' N. lat., 124° 21.00' W. long. yearround, except lingcod retention is allowed from June 1 - June 15 and Sept 1 - Sept 30.
70448
Federal Register / Vol. 89, No. 168 / Thursday, August 29, 2024 / Proposed Rules
lotter on DSK11XQN23PROD with PROPOSALS2
that are closed to recreational fishing for
certain groundfish. Fishing for the
California rockfish, cabezon, greenling
complex (RCG Complex), as defined in
paragraph (c)(3)(ii) of this section, and
lingcod with recreational gear, is
prohibited within the Recreational RCA.
It is unlawful to take and retain,
possess, or land the RCG Complex and
lingcod taken with recreational gear
within the Recreational RCA, unless
otherwise authorized in this section. A
vessel fishing in the Recreational RCA
may not be in possession of any species
prohibited by the restrictions that apply
within the Recreational RCA. For
example, if a vessel fishes in the
recreational salmon fishery within the
Recreational RCA, the vessel cannot be
in possession of the RCG Complex and
lingcod while in the Recreational RCA.
The vessel may, however, on the same
trip fish for and retain rockfish
shoreward of the Recreational RCA on
the return trip to port. If the season is
closed for a species or species group,
fishing for that species or species group
is prohibited both within the
Recreational RCA and outside of the
Recreational RCA, unless otherwise
authorized in this section. In times and
areas where a Recreational RCA is
VerDate Sep<11>2014
20:56 Aug 28, 2024
Jkt 262001
closed shoreward of a Recreational RCA
line (i.e., when an ‘‘off-shore only’’
fishery is active in that management
area) vessels may stop, anchor in, or
transit through waters shoreward of the
Recreational RCA line so long as they do
not have any hook-and-line fishing gear
in the water. Coordinates approximating
boundary lines at the 30 fm (55 m)
through 100 fm (183 m) depth contours
can be found at §§ 660.71 through
660.73. The recreational fishing season
structure and RCA depth boundaries
seaward of California by management
area and month are as follows:
*
*
*
*
*
(ii) * * *
(C) Dressing/fileting. Each RCG
Complex filet must have the entire skin
attached.
(iii) * * *
(D) Dressing/fileting. Lingcod filets
may be no smaller than 14 in (36 cm)
in length. Each lingcod filet must have
the entire skin attached.
*
*
*
*
*
(v) * * *
(C) Dressing/fileting. Each California
scorpionfish filet must have the entire
skin attached.
*
*
*
*
*
PO 00000
Frm 00044
Fmt 4701
Sfmt 9990
39. Amend § 660.604 by revising
paragraph (p)(4)(i) introductory text to
read as follows:
■
§ 660.604 Vessel and first receiver
responsibilities.
*
*
*
*
*
(p) * * *
(4) * * *
(i) The vessel must retain IFQ species
(as defined at § 660.140(c)), except for
Arrowtooth flounder, English sole,
Dover sole, deep sea sole, Pacific
sanddab, Pacific whiting, lingcod,
sablefish, starry flounder, and rex sole;
must retain salmon and eulachon; and
must retain the following non-IFQ
species: Greenland turbot, slender sole,
hybrid sole, c-o sole, bigmouth sole,
fantail sole, hornyhead turbot, spotted
turbot, northern rockfish, black rockfish,
blue rockfish, shortbelly rockfish, olive
rockfish, Puget Sound rockfish,
semaphore rockfish, walleye pollock,
slender codling, and Pacific tom cod,
with exceptions listed in paragraphs
(p)(4)(i)(A) and (B) of this section.
*
*
*
*
*
[FR Doc. 2024–17651 Filed 8–26–24; 4:15 pm]
BILLING CODE 3510–22–P
E:\FR\FM\29AUP2.SGM
29AUP2
Agencies
[Federal Register Volume 89, Number 168 (Thursday, August 29, 2024)]
[Proposed Rules]
[Pages 70406-70448]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-17651]
[[Page 70405]]
Vol. 89
Thursday,
No. 168
August 29, 2024
Part VI
Department of Commerce
-----------------------------------------------------------------------
National Oceanic and Atmospheric Administration
-----------------------------------------------------------------------
50 CFR Part 660
Magnuson-Stevens Act Provisions; Fisheries Off West Coast States;
Pacific Coast Groundfish Fishery; Pacific Coast Groundfish Fishery
Management Plan; Amendment 33; 2025-26 Biennial Specifications and
Management Measures; Proposed Rule
Federal Register / Vol. 89 , No. 168 / Thursday, August 29, 2024 /
Proposed Rules
[[Page 70406]]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 660
[Docket No. 240802-0211]
RIN 0648-BN08
Magnuson-Stevens Act Provisions; Fisheries Off West Coast States;
Pacific Coast Groundfish Fishery; Pacific Coast Groundfish Fishery
Management Plan; Amendment 33; 2025-26 Biennial Specifications and
Management Measures
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Proposed rule; availability of a draft environmental
assessment; request for comments.
-----------------------------------------------------------------------
SUMMARY: This proposed rule would establish the 2025-26 harvest
specifications for groundfish caught in the U.S. exclusive economic
zone (EEZ) seaward of Washington, Oregon, and California, consistent
with the Magnuson-Stevens Fishery Conservation and Management Act
(Magnuson-Stevens Act or MSA) and the Pacific Coast Groundfish Fishery
Management Plan (PCGFMP). This proposed rule would also revise
management measures intended to keep the total annual catch of each
groundfish stock or stock complex within the annual catch limits. These
proposed measures are intended to help prevent overfishing, rebuild
overfished stocks, achieve optimum yield, and ensure that management
measures are based on the best scientific information available. This
proposed rule would also make minor corrections (e.g. correcting
grammar, removing outdated regulations, revisions for clarity) to the
regulations. Additionally, this proposed rule announces the receipt of
exempted fishing permit (EFP) applications. NMFS has made a preliminary
determination that these applications warrant further consideration and
is requesting public comment on these applications. This proposed rule
also would implement amendment 33 to the PCGFMP, which would establish
a rebuilding plan for California quillback rockfish and revise the
allocation framework for shortspine thornyhead. In accordance with the
National Environmental Policy Act (NEPA) of 1969, as amended, NMFS also
announces the availability of a draft Environmental Assessment (EA)
that analyzes the potential effects of the associated proposed rule.
DATES: Comments must be received no later than September 30, 2024.
ADDRESSES: Submit your comments on the proposed rule, draft EA, and EFP
applications, identified by NOAA-NMFS-2024-0065, by the following
method:
Electronic Submissions: Submit all electronic public
comments via the Federal e-Rulemaking Portal. Go to www.regulations.gov
and enter NOAA-NMFS-2024-0065 in the Search box. Click the ``Comment''
icon, complete the required fields, and enter or attach your comments.
The EFP applications will be available under Supporting Documents
through the same link.
Instructions: Comments must be submitted by the above method to
ensure that the comments are received, documented, and considered by
NMFS. Comments sent by any other method, to any other address or
individual, or received after the end of the comment period, may not be
considered. All comments received are a part of the public record and
NMFS will post them for public viewing on www.regulations.gov without
change. All personal identifying information (e.g., name, address,
etc.), confidential business information, or otherwise sensitive
information submitted voluntarily by the sender is publicly accessible.
NMFS will accept anonymous comments (enter ``N/A'' in the required
fields if you wish to remain anonymous). Please specify whether the
comments provided are associated with the proposed rule, draft EA, or
EFP applications.
Please submit written comments regarding the burden-hour estimates
or other aspects of the collection-of-information requirements
contained in this proposed rule and subject to the Paperwork Reduction
Act (PRA) by email to [email protected] and to
[email protected] or fax to (202) 395-7285.
Electronic Access
This rulemaking is accessible via the internet at the Office of the
Federal Register website at https://www.federalregister.gov/. The draft
Analysis, which includes an EA that addresses the NEPA, as well
analyses that address Presidential Executive Order 12866, the
Regulatory Flexibility Act (RFA), and the statutory requirements of the
Magnuson-Stevens Act is accessible via the internet at the NMFS West
Coast Region website at https://www.fisheries.noaa.gov/region/west-coast and the Pacific Fishery Management Council's (Council) website at
https://www.pcouncil.org. The final 2024 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.
FOR FURTHER INFORMATION CONTACT: Lynn Massey, Fishery Management
Specialist, at 562-900-2060 or [email protected].
SUPPLEMENTARY INFORMATION:
I. Background
The Pacific Coast groundfish fishery in the U.S. EEZ seaward of
Washington, Oregon, and California is managed under the PCGFMP. The
Council developed the PCGFMP pursuant to the MSA (16 U.S.C. 1801 et
seq.). The Secretary of Commerce approved the PCGFMP and implemented
the provisions of the plan through Federal regulations at 50 CFR part
660, subparts C through G. The PCGFMP manages more than 90 species of
roundfish, flatfish, rockfish, sharks, and skates.
Chapter 5 of the PCGFMP requires the Council to assess the
biological, social, and economic conditions of the Pacific Coast
groundfish fishery and use this information to develop harvest
specifications and management measures at least biennially. This
proposed rule is based on the Council's final recommendations for
harvest specifications and management measures for the 2025-26 biennium
made at its April and June 2024 meetings.
The Council deemed the proposed regulations necessary and
appropriate to implement these actions in a July 29, 2024, letter from
Council Executive Director, Merrick Burden, to Regional Administrator
Jennifer Quan. Under the MSA, NMFS is required to publish proposed
rules for comment after preliminarily determining whether they are
consistent with applicable law. We are seeking comment on the proposed
regulations in this action and whether they are consistent with the
PCGFMP, the MSA and its National Standards, and other applicable law.
NMFS published a Notice of Availability (NOA) to announce the
proposed amendment 33 to the PCGFMP (referred to interchangeably as
``the amendment'') on August 2, 2024 (89 FR 63153). The NOA requests
public review and comment on proposed changes to the Council fishery
management plan document (89 FR 63153; August 2, 2024). Public comments
are being solicited on the amendment through October 1, 2024,
[[Page 70407]]
the end of the comment period for the NOA. Public comments on the
proposed rule must be received by the end of the comment period on the
amendment, as published in the NOA, to be considered in the approval/
disapproval decision on the amendment. All comments received by the end
of the comment period on the amendment, whether specifically directed
to the amendment, or the proposed rule, will be considered in the
approval/disapproval decision. Comments received after that date will
not be considered in the approval/disapproval decision on the
amendment. To be considered, comments must be received by close of
business on the last day of the comment period; that does not mean
postmarked or otherwise transmitted by that date.
A. Specification and Management Measure Development Process
In 2023, the Northwest Fisheries Science Center (NWFSC) conducted
full stock assessments for black rockfish (all areas), copper rockfish
(California areas), petrale sole, and canary rockfish. The NWFSC
conducted length-based data moderate assessments for shortspine
thornyhead and rex sole. Additionally, the NWFSC conducted catch-only
assessment updates for widow rockfish and yelloweye rockfish, a limited
update assessment for sablefish, and catch-only projections for
chilipepper rockfish and yellowtail rockfish north of 40[deg]10' north
latitude (N lat.). The NWFSC did not update assessments for the
remaining stocks, so harvest specifications for these stocks are based
on assessments from previous years. The full stock assessments used to
set catch limits for this biennium are available on the Council's
website at https://www.pcouncil.org/.
The Council's stock assessment review panel (STAR panel) reviewed
the stock assessments, including assessments on stocks for which some
biological indicators are available, as described below, for technical
merit, and to determine that each stock assessment document was
sufficiently complete. Finally, the Council's Scientific and
Statistical Committee (SSC) reviewed the stock assessments and STAR
panel reports and made its recommendations to the Council (Agenda Item
G.2, September 2023 Council Meeting; Agenda Item E.2, November 2023
Council Meeting).
The Council considered the new stock assessments, stock assessment
updates, catch-only updates, public comment, recommendations from the
SSC, and advice from its advisory bodies over the course of six Council
meetings during development of its recommendations for the 2025-26
harvest specifications and management measures. At each Council meeting
between June 2023 and June 2024, the Council made a series of decisions
and recommendations that were, in some cases, refined after further
analysis and discussion. Agenda Item H.7, Attachment 1, June 2023
describes the Council's meeting schedule for developing the 2025-26
biennial harvest specifications. Additionally, detailed information,
including the supporting documentation the Council considered at each
meeting, is available at the Council's website at www.pcouncil.org.
The 2025-26 biennial management cycle is the fifth cycle following
PCGFMP amendment 24 (80 FR 12567, March 10, 2015), which established
default harvest control rules and was analyzed through an Environmental
Impact Statement (EIS) (Final Environmental Impact Statement for
Pacific Coast Groundfish Harvest Specifications and Management Measures
for 2015-2016 and Biennial Periods Thereafter, and amendment 24 to the
PCGFMP, published January 2015). The EIS described the ongoing
implementation of the PCGFMP and the default harvest control rules.
Under amendment 24, the default harvest control rules used to determine
the previous biennium's harvest specifications (i.e., overfishing
limits (OFLs), acceptable biological catches (ABCs), and annual catch
limits (ACLs)) are applied automatically to the best scientific
information available to determine the future biennium's harvest
specifications. NMFS implements harvest specifications based on the
default harvest control rules used in the previous biennium unless the
Council makes a recommendation to deviate from the default. Therefore,
this rulemaking would implement the default harvest control rules,
consistent with the last biennium (i.e., 2023-24), for most stocks, and
discusses Council-recommended departures from the defaults. The draft
EA supporting this action identifies the preferred harvest control
rules, management measures, and other management changes that were not
described in the 2015 EIS and will be posted on the NMFS West Coast
Region web page (see Electronic Access).
Information regarding the OFLs, ABCs, and ACLs proposed for
groundfish stocks and stock complexes in 2025-26 is presented below,
followed by a discussion of the proposed management measures for
commercial and recreational groundfish fisheries.
II. Proposed Harvest Specifications
This proposed rule would set 2025-26 harvest specifications and
management measures for the 90+ groundfish stocks or management units
which currently have ACLs or ACL contributions to stock complexes
managed under the PCGFMP, except for Pacific whiting. Pacific whiting
harvest specifications are established annually through a separate
bilateral process with Canada.
The proposed OFLs, ABCs, and ACLs are based on the best available
biological and socioeconomic data, including projected biomass trends,
information on assumed distribution of stock biomass, and revised
technical methods used to calculate stock biomass. The PCGFMP specifies
a series of three stock categories for the purpose of setting maximum
sustainable yield (MSY),\1\ OFLs, ABCs, ACLs, and rebuilding standards.
Category 1 represents the highest level of information quality
available, while Category 3 represents the lowest. Category 1 stocks
are the relatively few stocks for which the NWFSC can conduct a ``data
rich'' quantitative stock assessment that incorporates catch-at-age,
catch-at-length, or other data. The SSC can generally calculate OFLs
and overfished/rebuilding thresholds for these stocks, as well as ABCs,
based on the uncertainty of the biomass estimated within an assessment
or the variance in biomass estimates between assessments for all stocks
in this category. The set of Category 2 stocks includes a large number
of stocks for which some biological indicators are available, yet
status is based on a ``data moderate'' quantitative stock assessment.
The Category 3 stocks include minor stocks which are caught, but for
which there is, at best, only information on landed biomass. For stocks
in this category, there is limited data available for the SSC to
quantitatively determine MSY, OFL, or an overfished threshold.
Typically, catch-based methods (e.g., depletion-based stock reduction
analysis, depletion corrected average catch, and average catches) are
used to determine the OFL for Category 3 stocks. A detailed description
of each of these categories can be found in Section 4.2 of the PCGFMP.
---------------------------------------------------------------------------
\1\ MSY is the largest long-term average catch that can be taken
from a fish stock under prevailing environmental and fishery
conditions.
---------------------------------------------------------------------------
A. Proposed OFLs for 2025 and 2026
The OFL serves as the maximum amount of fish that can be caught in
a year without resulting in overfishing. Overfishing occurs when a
stock's harvest rate, denoted as Fx, is set
[[Page 70408]]
higher than the rate that produces the stock's MSY. The SSC derives
OFLs for groundfish stocks with stock assessments by applying the
harvest rate to the current estimated biomass (B). Harvest rates
represent the rates of fishing mortality (F) that will reduce the
female spawning potential ratio (SPR) to X percent of its unfished
level. The PCGFMP defines SPR as the average fecundity of a recruit
over its lifetime when the stock is fished divided by the average
fecundity of a recruit over its lifetime when the stock is unfished.
The SPR is based on the principle that a certain biomass of fish has to
survive in order to spawn and replenish the stock at a sustainable
level. As an example, a harvest rate of F40 means
the harvest rate that would fish 60 percent of the population, thereby
reducing the stock to 40 percent of its unfished level.
F40 is more aggressive than F45
or F50 harvest rates because F40
allows more fishing mortality on a stock (as it allows a harvest rate
that would reduce the stock to 40 percent of its unfished level, while
F45 or F50 would reduce the stock
to 45 percent and 50 percent of its unfished level). The OFL does not
account for scientific or management uncertainty; therefore, the SSC
typically recommends an ABC that is lower than the OFL in order to
account for this uncertainty. Usually, the greater the amount of
scientific uncertainty, the lower the ABC is set compared to the OFL.
For 2025-26, the Council maintained its policy of using a default
harvest rate as a proxy for the fishing mortality rate that is expected
to achieve MSY (FMSY). The Council also maintained the same
default harvest rate proxies as used in the 2023-24 biennium, based on
the SSC's recommendations: F30 for flatfish (meaning
an SPR harvest rate that would reduce the stock to 30 percent of its
unfished level), F50 for rockfish (including
longspine and shortspine thornyheads), F50 for
elasmobranchs, and F45 for other groundfish such as
sablefish and lingcod. For unassessed stocks, the Council recommended
using a historical catch-based approach (e.g., average catch,
depletion-corrected average catch, or depletion-based stock reduction
analysis) to set the OFL. See Tables 1a and 2a to Part 660, subpart C
in the proposed regulatory text supporting this rulemaking for the
proposed 2025-26 OFLs. The SAFE document for 2024 includes a detailed
description of the scientific basis for all of the SSC-recommended OFLs
proposed in this rulemaking and is available at the Council's website
at www.pcouncil.org.
B. Proposed ABCs for 2025 and 2026
The ABC is the stock or stock complex's OFL reduced by an amount
associated with scientific uncertainty. The SSC-recommended P star
(P*)-sigma ([sigma]) approach determines the amount by which the OFL is
reduced to account for this uncertainty. Under this approach, the SSC
recommends a [sigma] value. The [sigma] value is generally based on the
scientific uncertainty in the biomass estimates generated from stock
assessments and is usually related to the stock category. After the SSC
determines the appropriate [sigma] value, the Council chooses a P*
based on its chosen level of risk aversion to address the consequences
of the stock being elsewhere within the uncertainty represented by
[sigma]. A P* of 0.5 equates to no additional reduction beyond the
[sigma] value reduction. The PCGFMP specifies that the upper limit of
P* will be 0.45, thus always ensuring at least some additional
reduction beyond the [sigma] value reduction. The P*- [sigma] approach
is discussed in detail in the proposed and final rules for the 2011-12
biennial harvest specifications and management measures (75 FR 67810,
November 3, 2010; 76 FR 27508, May 11, 2011) and the 2013-14 biennial
harvest specifications and management measures (77 FR 67974, November
12, 2012; 78 FR 580, January 3, 2013).
The SSC quantified major sources of scientific uncertainty in the
estimates of OFLs and generally recommended a [sigma] value of 0.5 for
Category 1 stocks, a [sigma] value of 1.0 for Category 2 stocks, and a
[sigma] value of 2.0 for Category 3 stocks. For Category 2 and 3
stocks, there is greater scientific uncertainty in the OFL estimate
because the assessments for these stocks are informed by less data than
the assessments for Category 1 stocks. Therefore, the scientific
uncertainty buffer is generally greater than that recommended for
stocks with data-rich stock assessments. Assuming the same P* is
applied, a larger [sigma] value results in a larger reduction from the
OFL. For 2025-26, the ABC recommendations are consistent with the
general policy of using the SSC-recommended [sigma] values for each
stock category.
For 2025-26, the Council maintained the P* policies it established
for the previous biennium for most stocks. The Council recommended
using P* values of 0.45 for all individually managed Category 1 stocks,
except yelloweye rockfish. Combining the Category 1 [sigma] value of
0.5 with the P* value of 0.45 results in a reduction of 6.1 percent
from the OFL when deriving the ABC. For Category 2 stocks, the
Council's general policy was to apply a P* of 0.40, with a few
exceptions. The Council recommended applying a P* of 0.45 for big
skate, English sole, lingcod south of 40[deg]10' N lat., lingcod north
of 40[deg]10' N lat., longnose skate, Pacific ocean perch, shortspine
thornyhead, blue rockfish in the Oregon blue/deacon/black rockfish
complex, and all Category 2 stocks in the Nearshore rockfish complexes,
Shelf rockfish complexes, and Slope rockfish complexes. When combined
with the [sigma] values of 1.0 for Category 2, a P* value of 0.45
corresponds to an 11.8 percent reduction from the OFL and a P* value of
0.40 corresponds to a 22.4 percent reduction. For Category 3 stocks,
the Council's general policy was to apply a P* value of 0.45, except
the Council recommended a P* value of 0.40 for cowcod between
40[deg]10' N lat. and 34[deg]27' N lat., Pacific cod, starry flounder,
and all stocks in the Other Flatfish complex except rex sole, which was
upgraded to a Category 2 stock with a P* of 0.45. When combined with
the [sigma] values of 2.0 for Category 3, a P* value of 0.45
corresponds to 22.2 percent reduction from the OFL and a P* value of
0.40 corresponds to a 39.8 percent reduction. See tables 8 and 9 of
Agenda Item F.6 Attachment 2 from the June 2024 Council meeting
(hereafter interchangeably referred to as the Council Analytical
Document) for the full description of [sigma] and P* values by stock
(see tables 1a and 2a to Part 660, Subpart C in the proposed regulatory
text of this proposed rule for the proposed 2025-26 ABCs).
C. Proposed ACLs for 2025 and 2026
The Council recommends ACLs for each groundfish stock or management
unit in the PCGFMP. To determine the ACL for each stock, the Council
will determine the best estimate of current stock abundance and its
relation to the precautionary and overfished/rebuilding thresholds.
Under the PCGFMP, the biomass level that produces MSY, or
BMSY, is defined as the precautionary threshold. When the
biomass for an assessed Category 1 or 2 stock falls below
BMSY, the ACL is set below the ABC using a harvest rate
reduction to help the stock return to the BMSY level, which
is the management target for groundfish stocks. If a stock biomass is
larger than BMSY, the ACL may be set equal to the ABC, or
the ACL may be set below the ABC to address conservation objectives,
socioeconomic concerns, management uncertainty, or other factors
necessary to meet management objectives. The overfished/rebuilding
threshold is 25 percent of the estimated
[[Page 70409]]
unfished biomass level for non-flatfish stocks or 50 percent of
BMSY, if known. The overfishing/rebuilding threshold for
flatfish stocks is 12.5 percent of the estimated unfished biomass
level. When a stock is below BMSY (i.e., the precautionary
threshold) but above the overfishing/rebuilding threshold, it is
considered to be in the precautionary zone.
Under PCGFMP amendment 24, the Council set up default harvest
control rules, which established default policies that would be applied
to the best available scientific information to set ACLs each biennial
cycle, unless the Council has reasons to diverge from that harvest
control rule. A complete description of the default harvest control
rules for setting ACLs is described in the proposed and final rule for
the 2015-16 harvest specifications and management measures (80 FR 687,
January 6, 2015) and PCGFMP amendment 24 (80 FR 12567, March 10, 2015).
The PCGFMP defines the 40-10 harvest control rule for stocks with a
BMSY proxy of B40 that are in the
precautionary zone as the standard reduction. The analogous harvest
control rule with the standard reduction for assessed flatfish stocks
is the 25-5 harvest control rule for flatfish stocks with a
BMSY proxy of B25. The further the stock
biomass is below the precautionary threshold, the greater the reduction
in ACL relative to the ABC. If B10 for a stock with
a BMSY proxy of B40 is reached, or if
B5 for a stock with a BMSY proxy of
B25 is reached, then ACL would be set at zero.
Under the PCGFMP, harvest control rules are typically applied at
the component species level for stock complexes to calculate ACLs.
Resulting contribution values of each component species, or ACL
contributions, are summed to equal the stock complex ACLs. For example,
the ACL contribution of black rockfish off of Oregon contributes to the
overall ACL for the Oregon black/deacon/blue rockfish stock complex.
Under the PCGFMP, the Council may recommend setting the ACL at a
different level than what the default harvest control rules specify as
long as the ACL does not exceed the ABC and complies with the
requirements of the MSA (see the Analysis for information on the MSA).
For most of the stocks and stock complexes managed with harvest
specifications for 2025-26, the Council chose to maintain the default
harvest control rules from the previous biennial cycle. Table 1
presents a summary of the proposed changes to default harvest control
rules for certain stocks for 2025-26. Each of these changes is
discussed further below.
Table 1--Proposed Changes to Harvest Control Rules for the 2025-26
Biennium
------------------------------------------------------------------------
Alternative
Stock Default harvest harvest control
control rule \a\ rule \a\
------------------------------------------------------------------------
Rex Sole........................ ACL = ABC (P* ACL = ABC (P*
0.40). 0.45)
Shortspine thornyhead \b\....... ACL < ABC (P* ACL < ABC (P*
0.40). 0.45), 40-10 HRC
applied
Dover sole...................... ACL = 50,000 mt... ACL = ABC (P*
0.45)
Quillback Rockfish off ACL contribution < ABC Rule \d\ (ACL
California. ABC (SPR 0.55; P* = ABC; P* 0.45)
0.45) \c\.
------------------------------------------------------------------------
\a\ The Default Harvest Control Rules were used to set the ACLs in 2023
and 2024. The Alternative Harvest Controls rules are the proposed
changes for setting the ACLs in 2025 and 2026.
\b\ The 40-10 adjustment applies where a precautionary reduction is
warranted, per the PCGFMP at section 4.6.1. The 40-10 adjustment
reduces the harvest rate to help the stock return to the maximum
sustainable yield level.
\c\ In 2023-24, the harvest control rule (ACL contribution < ABC, SPR
0.55; P* 0.45) specified an ACL contribution because quillback
rockfish was still part of the Nearshore rockfish complex. For 2025-
26, California quillback rockfish is proposed to be taken out of the
Nearshore complex and managed pursuant to a stock-specific ACL.
\d\ The Council recommended the ABC Rule as the alternative harvest
control rule based on a range of harvest strategies analyzed in the
California Quillback Rockfish Rebuilding Plan new management measure,
which is described in section III, P of this preamble.
Rex Sole
Rex sole is a Category 2 stock, managed as part of the Other
Flatfish complex, with a default harvest control rule of ACL=ABC (P*
0.40). Rex sole is primarily caught in the bottom trawl fishery. In
2023, the NWFSC conducted a length-based data-moderate assessment
(Agenda Item G.2 Attachment 3, September 2023), which estimates the
stock is at 76.1 percent of unfished spawning output in 2023. This
value is above the 25 percent management target level, indicating the
stock is healthy. Therefore, the Council considered an alternative
harvest control rule of ACL=ABC (P* 0.45). The application of a P* 0.45
means that a smaller fraction is used to reduce the OFL and to derive
an ABC (beyond the reduction from [sigma]), the result of which would
yield higher ACLs in 2025-26 than under the default P* 0.40. As
presented in the stock assessment and explained in the Council
Analytical Document (Agenda Item F.6 Attachment 2 June 2024), the stock
is not expected to fall below the 25 percent management target level
during the 10-year catch projection period under either harvest control
rule, even with the projected attainment of the full ACL, which is
unlikely to occur based on recent mortality trends. ACL attainment from
2020-2022 was approximately 9 percent of the potential 2025 ACL under
P* 0.45. Therefore, the Council recommended, and NMFS is proposing, an
alternative harvest control rule of ACL=ABC (P* 0.45). This will
provide the trawl industry the most flexibility in light of other
expected constraints in 2025-26.
Shortspine Thornyhead
Shortspine thornyhead is a Category 2 stock with a default harvest
control rule that includes the application of P* 0.40 to the coastwide
ABC, which is then split into two area-based ACLs north and south of
34[deg] 27' N lat. The ACLs are set according to the 5-year rolling
average biomass estimated from the NWFSC's West Coast Groundfish Bottom
Trawl (WCGBT), which for the 2025-26 biennium would yield a north and
south split of 70.6 percent and 29.4 percent, respectively. In 2023,
the NWFSC conducted a length-based data-moderate assessment (Agenda
Item G.2 Attachment 4, September 2023), which indicates the stock is at
39.4 percent of unfished spawning output in 2023. This value is
slightly below the 40 percent target management level, which indicates
the stock is in the precautionary zone; thus, the 40-10 reduction from
the ABC to derive the ACL automatically applies when setting ACLs for
2025-26 as a precautionary management approach. Due to the decrease in
biomass, the Council anticipates that shortspine thornyhead will become
a constraining species even under the highest P* for both the trawl and
non-trawl sectors, as catch projections for 2023 and 2024 are
[[Page 70410]]
similar to those ACLs that would result from a P* of 0.45.
Additionally, due to anticipated increases in sablefish ACLs over the
next few years, the trawl fleet that targets Dover sole, thornyheads,
and sablefish (DTS) may expand effort, hence full attainment of
shortspine thornyhead is a reasonable expectation. Therefore, the
Council considered an alternative harvest control rule (ACL < ABC P*
0.45, 40-10 harvest control rule applied) to yield higher ACLs in 2025-
26. As summarized in the Analysis and the Council Analytical Document
(Agenda Item F.6 Attachment 2 June 2024), catch projections under a P*
of 0.45 are still anticipated to remain within the ACLs and prevent
overfishing. Therefore, NMFS is proposing, in alignment with the
Council's recommendation, an alternative harvest control rule (i.e.,
ACL < ABC P* 0.45, 40-10 harvest control rule applied). This will
minimize adverse impacts to industry while still preventing overfishing
of the stock. In addition to a change from the default P*, the Council
recommended a new management measure that would remove the management
line at 34[deg] 27' N lat. and set a coastwide ACL for the stock. This
measure is described below under section III, L of this preamble.
Dover Sole
Dover sole is a Category 1 stock with a default harvest control
rule of ACL = 50,000 metric tons (mt). However, in 2025-26, setting the
ACL at 50,000 mt would violate the MSA, as the ACL would exceed the
ABC. Therefore, the Council considered an alternative harvest control
rule of P* 0.45 with the ACL set equal to the ABC. As explained in the
Analysis and the Council Analytical Document (Agenda Item F.6
Attachment 2 June 2024), actual removals are likely to remain well
below the ABC/ACL under this alternative, making the risk of
overfishing low. Therefore, NMFS is proposing, in alignment with the
Council's recommendation, an alternative harvest control rule (i.e.,
ACL=ABC, P* 0.45).
California Quillback Rockfish
California quillback rockfish is a Category 2 stock with a default
harvest control rule of ACL contribution < ABC (SPR 0.55; P* 0.45).
Quillback rockfish is primarily caught by the non-trawl sectors, with
approximately 75 percent caught by the recreational sector and
approximately 25 percent caught by the commercial sector. Additionally,
the majority of fishing mortality (~85 percent) occurs in State waters.
In the 2023-24 biennium, California quillback rockfish was managed as
part of the Nearshore rockfish complex both north and south of
40[deg]10' N lat. California quillback rockfish has since been
categorized as its own stock under amendment 31 to the PCGFMP (88 FR
78677, November 16, 2023). The NWFSC conducted a data-moderate
assessment in 2021 (Agenda Item E.2, Attachment 4, November 2021),
which indicated depletion of the stock off California. The assessment
was determined to be the best scientific information available in
December 2021. In response to this assessment, and several subsequent
reviews (Agenda Item C.6.a Supplemental SSC Report 1, September 2021;
Agenda Item E.2.a Supplemental SSC Report 1, November 2021), NMFS
declared the stock overfished in December 2023 and notified the Council
of the requirement to develop a rebuilding plan. California quillback
rockfish are caught with many other species of groundfish; therefore,
the Council developed the rebuilding plan as part of the 2025-26
biennial specifications and management measures in order to account for
restrictions needed for other groundfish targets in order to rebuild
the stock. The Council considered a range of alternative harvest
control rules during the development of the rebuilding plan that is
proposed as a new management measure in this action, and which is
described in detail under section III, P. of this preamble. Per the
MSA, overfished species must have harvest specifications set to prevent
overfishing (50 CFR 600.310(f)(3)(ii) and 50 CFR 600.310(f)(4)(i)), and
species managed within a complex are managed to the complex OFL, which
is additive across all species in the complex, rather than being
managed to a species- or stock-specific harvest specification.
Therefore, for the 2025-26 biennium, the Council recommended removing
California quillback rockfish from the Nearshore rockfish complexes
north and south of 40[deg]10' N lat., so that catch can be managed
under stock-specific harvest specifications. NMFS is also proposing in
alignment with the Council's recommendation, an alternative harvest
control rule of the ABC Rule to set the 2025-26 ACLs for California
quillback rockfish. The ABC Rule sets the ACL equal to the ABC with a
management risk tolerance of P* 0.45 and the time-varying scientific
uncertainty ([sigma] = 1.0) reduction applied to the OFL. This harvest
strategy is anticipated to rebuild the stock as fast as possible while
taking into account the biology of the stock and the needs of fishing
communities.
Stocks in Rebuilding Plans
When NMFS declares a stock overfished, the Council must develop and
manage the stock in accordance with a rebuilding plan. For overfished
stocks in the PCGFMP, this means that the harvest control rule for
overfished stocks sets the ACL based on the rebuilding plan. The
proposed rules for the 2011-12 (75 FR 67810, November 3, 2010) and
2013-14 (77 FR 67974, November 14, 2012) harvest specifications and
management measures contain extensive discussions on the management
approach used for overfished stocks, which are not repeated here. In
addition, the SAFE document posted on the Council's website at https://www.pcouncil.org/groundfish/safe-documents/ contains a detailed
description of each overfished stock, its status and management, as
well as the SSC's approach for the rebuilding analyses. This document
provides information on yelloweye rockfish and, starting with the 2025-
26 biennium, California quillback rockfish. NMFS declared yelloweye
rockfish overfished in 2002. The Council adopted a rebuilding plan for
the stock in 2004, and revised the rebuilding plan in 2011 under
amendment 16-4 to the PCGFMP, and again during the 2019-20 biennium (83
FR 63970, December 12, 2018). The Council's proposed yelloweye rockfish
ACLs for 2025 and 2026 are based on the current yelloweye rockfish
rebuilding plan (see Appendix F to the PCGFMP at www.pcouncil.org), so
additional details are not repeated here. As described above, NMFS
declared California quillback rockfish overfished in December 2023. The
Council adopted a rebuilding plan for the stock at the June 2024
meeting, which NMFS is proposing for implementation in this rulemaking
for the 2025-26 biennium (Agenda Item F.6 Supplemental Revised
Attachment 3 June 2024). The Council proposed California quillback
rockfish ACLs for 2025 and 2026 in accordance with the proposed
rebuilding plan, which is described in detail under section III, P. of
this preamble.
D. Summary of ACL Changes From 2023 to 2025-26
Table 2 compares the ACLs for major stocks and stock complexes for
2023 and 2025-26 with harvest specifications set under their default
harvest control rules. Under this proposed rule, 8 of the 39 stocks/
complexes shown in table 2 would have higher ACLs in 2025 than in 2023,
and 27 stocks/complexes would have ACLs that would decrease in 2025
from those in 2023. Three
[[Page 70411]]
stocks/complexes (i.e., Other fish complex, Pacific cod, and starry
flounder) would have the same ACLs in 2025 as in 2023. Under this
proposed rule, the ACL for yelloweye rockfish would increase by 4.7
percent. This is based on the projections from the 2017 rebuilding
analysis and the default harvest control rule specifying ACLs based on
the SPR harvest rate of 65 percent. This predicted slow rate of
rebuilding is anticipated for this slow growing species. Two stocks
(sablefish north of 36[deg] N lat. and sablefish south of 36[deg] N
lat.) have ACLs that would increase by more than 100 percent. This
increase is due to new information provided in the 2023 update
assessment, indicating multiple large year-classes in recent years
(e.g., 2016, 2020, and 2021), leading to large increases in the
spawning biomass at the end of the time series, with the population
projected to continue increasing as new recruits mature. The 55.5
percent decrease in canary rockfish is due to new information from the
2023 full assessment. The 64 percent increase in Other flatfish is due
to new information from the 2023 update assessment on rex sole.
Table 2--ACLs for Major Stocks and Management Units for 2023, and Proposed ACLs for the 2025-26 Biennium Under
Default Harvest Control Rules. Bold Indicates a Change in ACL Greater Than 50%
[Rebuilding species are capitalized]
----------------------------------------------------------------------------------------------------------------
ACL (mt)
Stock/species or complex Area ------------------------------------------------ % Change 2023
2023 2025 2026 to 2025
----------------------------------------------------------------------------------------------------------------
YELLOWEYE ROCKFISH............ Coastwide....... 53.3 55.8 56.6 +4.7%
Arrowtooth Flounder........... Coastwide....... 18,632 11,193 9,227 -39.9
Big Skate..................... Coastwide....... 1,320 1,224 1,188 -7.3
Black Rockfish................ WA.............. 290 245 241 -15.5
Black Rockfish................ CA.............. 334 234 236 -29.9
Bocaccio...................... S of 40[deg]10' 1,842 1,681 1,668 -8.7
N lat.
Cabezon....................... CA.............. 182 162 155 -11.0
Cabezon/Kelp Greenling complex WA.............. 20 15 15 -25.0
Cabezon/Kelp Greenling complex OR.............. 185 177 174 -4.3
California Scorpionfish....... Coastwide....... 262 244 238 -6.9
Canary Rockfish............... Coastwide....... 1,284 571 573 -55.5
Chilipepper................... S of 40[deg]10' 2,183 2,815 2,643 +28.9
N lat.
Cowcod........................ S of 40[deg]10' 80 77 75 -3.8
N lat.
Darkblotched Rockfish......... Coastwide....... 785 754 732 -3.9
English Sole.................. Coastwide....... 9,018 8,884 8,819 -1.5
Lingcod....................... N of 40[deg]10' 4,378 3,631 3,534 -17.1
N lat.
Lingcod....................... S of 40[deg]10' 726 748 773 +3.0
N lat.
Longnose Skate................ Coastwide....... 1,708 1,616 1,579 -5.3
Longspine Thornyhead.......... N of 34[deg]27' 2,295 2,050 1,957 -10.7
N lat.
Longspine Thornyhead.......... S of 34[deg]27' 725 648 618 -10.7
N lat.
Pacific Cod................... Coastwide....... 1,600 1,600 1,600 0.0
Pacific Ocean Perch........... N of 40[deg]10' 3,573 3,328 3,220 -6.9
N lat.
Pacific Spiny Dogfish......... Coastwide....... 1,456 1,361 1,318 -6.5
Petrale Sole.................. Coastwide....... 3,485 2,354 2,238 -32.5
Sablefish..................... N of 36[deg] N 8,486 28,688 27,238 +238.1
lat.
Sablefish..................... S of 36[deg] N 2,338 7,857 7,460 +236.1
lat.
Blue/Deacon/Black Rockfish Oregon.......... 597 423 428 -29.2
complex.
Nearshore Rockfish North \a\ N of 40[deg]10' 93 88 86 -5.4
complex. N lat.
Nearshore Rockfish South \a\ S of 40[deg]10' 887 932 931 5.1
complex. N lat.
Other Fish complex............ Coastwide....... 223 223 223 0.0
Other Flatfish complex........ Coastwide....... 4,862 7,974 7,144 +64.0
Shelf Rockfish North complex.. N of 40[deg]10' 1,283 1,392 1,378 +8.5
N lat.
Shelf Rockfish South complex.. S of 40[deg]10' 1,469 1,465 1,462 -0.3
N lat.
Slope Rockfish North complex.. N of 40[deg]10' 1,540 1,488 1,460 -3.4
N lat.
Slope Rockfish South complex.. S of 40[deg]10' 701 693 690 -1.1
N lat.
Splitnose Rockfish............ S of 40[deg]10' 1,592 1,508 1,469 -5.3
N lat.
Starry Flounder............... Coastwide....... 392 392 392 0.0
Widow Rockfish................ Coastwide....... 12,624 11,237 10,392 -11.0
Yellowtail Rockfish........... N of 40[deg] 10' 5,666 6,241 6,023 +10.1
N lat.
----------------------------------------------------------------------------------------------------------------
\a\ California quillback rockfish were removed from the Nearshore Rockfish complexes in November 2023. Thus, the
units of comparison are offset between the 2023 ACL and 2025-2026 values in this table.
III. Proposed Management Measures
This section describes proposed management measures used to further
allocate the ACLs to the various components of the fishery (i.e.,
biennial fishery harvest guidelines (HGs) and set-asides) and
management measures to control fishing. Management measures for the
commercial fishery modify fishing behavior during the fishing year to
ensure catch does not exceed the ACL, and include trip and cumulative
landing limits, time/area closures, size limits, and gear restrictions.
Management measures for the recreational fisheries include bag limits,
size limits, gear restrictions, fish dressing requirements, and time/
area closures.
A. Deductions From the ACLs
Before making allocations to the primary commercial and
recreational components of groundfish fisheries, the Council recommends
``off-the-top deductions,'' or deductions from the
[[Page 70412]]
ACLs to account for anticipated mortality for certain types of
activities, including: (1) harvest in Pacific Coast treaty Indian
Tribal fisheries; (2) harvest in scientific research activities; (3)
harvest in non-groundfish fisheries (incidental catch); and (4) harvest
that occurs under EFPs. As part of NMFS' effort to simplify regulations
pertaining to harvest specifications, the footnotes that typically
specify these values in tables 1a, 1b, 2a, and 2b of subpart C would be
removed, and all off-the-top deductions proposed for individual stocks
or stock complexes and would be published in the 2024 SAFE. The details
of the EFPs are discussed below in section III,I of this preamble.
Pacific Coast Tribal Fisheries
The Quileute Tribe, Quinault Indian Nation, Makah Indian Tribe, and
Hoh Indian Tribe (collectively, ``the Pacific Coast Tribes'') implement
management measures for Tribal fisheries both independently as
sovereign governments and cooperatively with the management measures in
the Federal regulations. The Pacific Coast Tribes work through the
Council process to maintain groundfish set-asides, harvest guidelines,
and allocations pursuant to treaty fishing rights and as co-managers of
the resource. The Pacific Coast Tribes may adjust their Tribal fishery
management measures inseason to stay within the Tribal set-asides and
allocations and within the estimated impacts to overfished stocks.
Table 3 provides the proposed Tribal harvest set-asides and allocations
proposed for the 2025-26 biennium for groundfish species other than
Pacific whiting, which is allocated through a separate annual
specifications process with Canada. These targets are consistent with
the 2024 targets, with the exception of petrale sole (decreased to 290
mt), sablefish north of 36[deg] N lat. (increased to 2,869 mt in 2025
and 2,724 mt in 2026) and yelloweye rockfish (increased to 8 mt).
Typically, a portion of these values are included as footnotes to
tables 1a, 1b, 2a, and 2b of subpart C and the other portion of these
values are specified at 50 CFR 660.50. NMFS would remove the footnotes
from tables 1a, 1b, 2a, and 2b of subpart C, and publish the full list
of Tribal set asides at 50 CFR 660.50 as part of regulatory cleanup
efforts. As noted above, these values will also be published in the
SAFE.
Table 3--Proposed Tribal Harvest Set-Asides and Allocations for the 2025-26 Biennium Compared to Those in Place
in 2024
----------------------------------------------------------------------------------------------------------------
Off the top deduction
Stock/species ----------------------------------------------
2024 (mt) 2025-2026 (mt)
----------------------------------------------------------------------------------------------------------------
Arrowtooth Flounder.............................................. 2,041 2,041
Big Skate........................................................ 15 15
Black Rockfish (WA).............................................. 18 18
Cabezon/Kelp Greenling (WA)...................................... 2 2
Canary Rockfish.................................................. 50 50
Darkblotched Rockfish............................................ 5 5
Dover Sole....................................................... 1,497 1,497
English Sole..................................................... 200 200
Lingcod N. of 40[deg]10' N lat................................... 250 250
Longnose Skate................................................... 220 220
Longspine Thornyhead N. of 34[deg]27' N lat...................... 30 30
Nearshore Rockfish North......................................... 1.5 1.5
Other Flatfish................................................... 60 60
Pacific cod...................................................... 500 500
Pacific Ocean Perch.............................................. 130 130
Pacific Spiny Dogfish............................................ 275 275
Petrale Sole..................................................... 350 290
------------------------------
Sablefish N. of 36[deg] N lat \a\................................ 778 2,869 (2025) 2,724 (2026)
------------------------------
Shelf Rockfish North............................................. 30 30
Shortspine Thornyhead S. of 34[deg]27' N lat..................... 50 50
Slope Rockfish North............................................. 36 36
Starry flounder.................................................. 2 2
Widow rockfish................................................... 200 200
Yellowtail rockfish.............................................. 1,000 1,000
Yelloweye rockfish............................................... 5 8
----------------------------------------------------------------------------------------------------------------
\a\ Sablefish is allocated according to amendment 6 of the PCGFMP and 50 CFR 660.50(f)(2).
The Pacific Coast Tribes proposed trip limit management in Tribal
fisheries for 2025-26 for several stocks, including several rockfish
stocks and stock complexes. This rulemaking proposes the trip limits
for Tribal fisheries. as provided to the Council at its April 2024
meeting in Supplemental Tribal Reports 1 and 2, Agenda Item F.5. For
rockfish stocks. Tribal regulations will continue to require full
retention of all overfished rockfish stocks and marketable non-
overfished rockfish stocks. The Pacific Coast Tribes will continue to
develop management measures, including depth, area, and time
restrictions, in the directed Tribal Pacific halibut fishery in order
to minimize incidental catch of yelloweye rockfish.
Scientific Research
NMFS is proposing, in alignment with the Council's recommendation,
the below amounts in table 4 to accommodate mortality from research
activities for the 2025-26 biennium. Research activities include the
NWFSC's WCGBT survey, the NWFSC's Southern California Hook-and-Line
survey, and the International Pacific
[[Page 70413]]
Halibut Commission longline surveys, as well as other Federal and state
research projects. In previous harvest specification cycles, the
Council established research set-asides equal to the long-term maximum
or historical average (beginning in 2003) for all species except
yelloweye rockfish and cowcod, for which custom methodologies were
designed for setting research set-asides. However, many of these long-
term maximums or averages are not reflective of recent mortality trends
in scientific research activities. Therefore, for the 2025-26 biennium,
39 of the 43 stocks or stock complexes that have research set-asides
would instead be set equal to their 10-year rolling maximum. The
research set-asides for the remaining four stocks (i.e., canary
rockfish, cowcod, California quillback rockfish, and yelloweye
rockfish) would continue to be established by other methodologies. The
rationale for these departures is detailed in Agenda Item E.7.a,
Supplemental GMT Report 2, November 2023. The amounts in Table 4 will
be published in the SAFE.
Table 4--Proposed Research Set-Asides for the 2025-26 Biennium
[Rebuilding species are capitalized]
------------------------------------------------------------------------
Stock/species Management area 2025 2026
------------------------------------------------------------------------
QUILLBACK ROCKFISH........... California..... 0.1 0.1
YELLOWEYE ROCKFISH........... Coastwide...... 2.9 2.9
Arrowtooth flounder.......... Coastwide...... 13.0 13.0
Big skate.................... Coastwide...... 5.5 5.5
Black rockfish (WA).......... Washington..... 0.6 0.6
Black rockfish (CA).......... California..... 0.1 0.1
Bocaccio..................... S of 40[deg]10' 5.6 5.6
N lat.
Cabezon (CA)................. S of 42[deg] N 0.0 0.0
lat.
California scorpionfish...... S of 34[deg]27' 0.8 0.8
N lat.
Canary rockfish.............. Coastwide...... 10.1 10.1
Chilipepper.................. S of 40[deg]10' 14.1 14.1
N lat.
Cowcod....................... S of 40[deg]10' 10.0 10.0
N lat.
Darkblotched rockfish........ Coastwide...... 8.5 8.5
Dover sole................... Coastwide...... 61.9 61.9
English sole................. Coastwide...... 8.0 8.0
Lingcod...................... N of 40[deg]10' 17.7 17.7
N lat.
Lingcod...................... S of 40[deg]10' 3.2 3.2
N lat.
Longnose skate............... Coastwide...... 14.7 14.7
Longspine thornyhead......... N of 34[deg]27' 18.4 18.4
N lat.
Longspine thornyhead......... S of 34[deg]27' 1.3 1.3
N lat.
Pacific cod.................. Coastwide...... 0.8 0.8
Pacific ocean perch.......... N of 40[deg]10' 5.4 5.4
N lat.
Pacific Spiny dogfish........ Coastwide...... 41.9 41.9
Pacific whiting.............. Coastwide...... 750.0 750.0
Petrale sole................. Coastwide...... 24.1 24.1
Sablefish.................... N of 36[deg] N 59.3 59.3
lat.
Sablefish.................... S of 36[deg] N 2.3 2.3
lat.
Shortspine thornyhead........ Coastwide...... 16.3 16.3
Splitnose rockfish........... S of 40[deg]10' 11.2 11.2
N lat.
Starry flounder.............. Coastwide...... 0.6 0.6
Widow rockfish............... Coastwide...... 17.3 17.3
Yellowtail rockfish.......... N of 40[deg]10' 20.6 20.6
N lat.
------------------------------------------------------------------------
Complex
------------------------------------------------------------------------
Nearshore rockfish north..... N of 40[deg]10' 0.5 0.5
N lat.
Nearshore rockfish south..... S of 40[deg]10' 0.7 0.7
N lat.
Shelf rockfish north......... N of 40[deg]10' 15.3 15.3
N lat.
Shelf rockfish south......... S of 40[deg]10' 15.1 15.1
N lat.
Slope rockfish north......... N of 40[deg]10' 10.5 10.5
N lat.
Slope rockfish south......... S of 40[deg]10' 18.2 18.2
N lat.
Other fish................... Coastwide...... 0.1 0.1
Other flatfish............... Coastwide...... 23.6 23.6
Oregon black/blue/deacon Oregon......... 0.1 0.1
rockfish.
Oregon cabezon/kelp greenling Oregon......... 0.1 0.1
Washington cabezon/kelp Washington..... 0.4 0.4
greenling.
------------------------------------------------------------------------
Incidental Open Access
NMFS is proposing, in alignment with the Council's recommendation,
the below amounts in table 5 to accommodate mortality of groundfish
taken incidentally in non-groundfish fisheries (i.e., the groundfish
incidental open access (IOA) fisheries). IOA comprises the non-Tribal
directed commercial Pacific halibut, limited entry and open access
California halibut, pink shrimp, and other incidental fisheries.
Similar to research mortality, the Council has historically established
IOA set-asides equal to the long-term maximum or historical average
(beginning in 2003) for all species; however, for the 2025-26 biennium,
the Council recommended establishing set-asides based on the new 10-
year rolling maximum for 33 of the 43 stocks or stock complexes that
have IOA set-asides. The IOA set-asides for the remaining 10 stocks or
stock
[[Page 70414]]
complexes (i.e., bocaccio south of 40[deg]10' N lat., canary rockfish,
darkblotched rockfish, longspine thornyhead north of 34[deg] 27' N
lat., petrale sole, sablefish south of 36[deg] N lat., widow rockfish,
nearshore rockfish north of 40[deg] 10' N lat., slope rockfish south of
40[deg] 10' N lat., and yelloweye rockfish) would continue to be
established by other methodologies. The rationale for these departures
is detailed in the Agenda Item E.7.a, Supplemental GMT Report 2
(November 2023). The amounts in table 5 will be published in the SAFE.
Table 5--Proposed Incidental Open Access Set-Asides for the 2025-26
Biennium
[Rebuilding species are capitalized]
------------------------------------------------------------------------
Stock/species Management area 2025 2026
------------------------------------------------------------------------
QUILLBACK ROCKFISH........... California..... 0.0 0.0
YELLOWEYE ROCKFISH........... Coastwide...... 3.9 3.9
Arrowtooth flounder.......... Coastwide...... 41.0 41.0
Big skate.................... Coastwide...... 38.9 38.9
Black rockfish (WA).......... Washington..... 0.0 0.0
Black rockfish (CA).......... California..... 1.2 1.2
Bocaccio rockfish............ S of 40[deg]10' 2.2 2.2
N lat.
Cabezon (CA)................. S of 42[deg] N 0.06 0.6
lat.
California scorpionfish...... S of 34[deg]27' 1.2 1.2
N lat.
Canary rockfish.............. Coastwide...... 2.8 2.8
Chilipepper rockfish......... S of 40[deg]10' 13.2 13.2
N lat.
Cowcod....................... S of 40[deg]10' 0.1 0.1
N lat.
Darkblotched rockfish........ Coastwide...... 10.7 10.7
Dover sole................... Coastwide...... 25.2 25.2
English sole................. Coastwide...... 6.6 6.6
Lingcod...................... N of 40[deg]10' 13.4 13.4
N lat.
Lingcod...................... S of 40[deg]10' 8.7 8.7
N lat.
Longnose skate............... Coastwide...... 15.9 15.9
Longspine thornyhead......... N of 34[deg]27' 1.3 1.3
N lat.
Longspine thornyhead......... S of 34[deg]27' 0.2 0.2
N lat.
Pacific cod.................. Coastwide...... 0.6 0.6
Pacific ocean perch.......... N of 40[deg]10' 10.1 10.1
N lat.
Pacific Spiny dogfish........ Coastwide...... 6.7 6.7
Pacific whiting.............. Coastwide...... 1,500.0 1,500.0
Petrale sole................. Coastwide...... 4.4 4.4
Sablefish.................... S of 36[deg] N 25.0 25.0
lat..
Shortspine thornyhead........ Coastwide...... 5.7 5.7
Splitnose rockfish........... S of 40[deg]10' 2.9 2.9
N lat.
Starry flounder.............. Coastwide...... 14.1 14.1
Widow rockfish............... Coastwide...... 1.0 1.0
Yellowtail rockfish.......... N of 40[deg]10' 4.5 4.5
N lat.
------------------------------------------------------------------------
Complex
------------------------------------------------------------------------
Nearshore rockfish north..... N of 40[deg]10' 1.1 1.1
N lat.
Nearshore rockfish south..... S of 40[deg]10' 1.8 1.8
N lat.
Shelf rockfish north......... N of 40[deg]10' 20.5 20.5
N lat.
Shelf rockfish south......... S of 40[deg]10' 11.5 11.5
N lat.
Slope rockfish north......... N of 40[deg]10' 11.5 11.5
N lat.
Slope rockfish south......... S of 40[deg]10' 0.9 0.9
N lat.
Other fish................... Coastwide...... 9.7 9.7
Other flatfish............... Coastwide...... 87.7 87.7
Oregon black/blue/deacon Oregon......... 1.5 1.5
rockfish.
Oregon cabezon/kelp greenling Oregon......... 0.7 0.7
Washington cabezon/kelp Washington..... 0 0
greenling.
------------------------------------------------------------------------
Exempted Fishing Permits
Issuing EFPs is authorized by regulations implementing the MSA at
50 CFR 600.745, which state that EFPs may be used to authorize fishing
activities that would otherwise be prohibited. The Council routinely
considers EFP applications concurrently with the biennial harvest
specifications and management process because expected catch under most
EFP projects is accounted for via off-the-top deductions from ACLs.
However, both EFP applications recommended by the Council for 2025-26
do not request off-the-top deductions from ACLs and plan to account for
their catch via other methods. A detailed description of these EFP
proposals is provided in section III, I of this preamble.
Recreational Sablefish Set-Aside
The allocation framework for sablefish north of 36[deg] N lat. was
set up under amendment 6 to PCGFMP (57 FR 54001; Nov 16 1992). This
framework deducts a set-aside from the ACL to account for mortality in
the recreational fisheries. The set-aside amount is usually based on
the maximum historical value of sablefish caught in recreational
fisheries. The Council recommended, and NMFS is proposing, increasing
the recreational set-aside from 6 mt in the 2023-24 biennium to 30 mt
in the 2025-26 biennium. As described in the Council Analytical
Document (Agenda Item F.6 Attachment, June 2, 2024), historical
recreational mortality of sablefish north of 36[deg] N lat. has not
exceeded 3.98 mt from 2005-22. However, the California and Oregon
recreational catch estimates
[[Page 70415]]
for 2023 totaled 23.9 mt. Therefore, the Council is recommending
increasing the set-aside amount to accommodate the recreational
fishery. This increase is not expected to constrain the commercial
fishery in the 2025-26 biennium.
B. Annual Catch Targets
As defined at 50 CFR 660.11, an annual catch target (ACT) is a
management target set below the ACL that may be used as an
accountability measure in cases where there is uncertainty in inseason
catch monitoring to ensure against exceeding an ACL. Since the ACT is a
target and not a limit, it can be used in lieu of HGs or set
strategically to accomplish other management objectives. Sector-
specific ACTs can also be specified to accomplish management
objectives. For the 2025-26 biennium, the Council recommended, and NMFS
is proposing, ACTs for yelloweye rockfish in the non-trawl sectors
(both commercial and recreational), copper rockfish in the recreational
sector south of 34[deg] 27' N lat., and shortspine thornyhead in the
commercial non-trawl sector north of 34[deg] 27' N lat. Further, the
Council recommended removing the ACT from the 2023-24 biennium for
California quillback rockfish. These ACTs can be found in the footnotes
to tables 1a and 2a to part 660, subpart C in the regulatory text of
this proposed rule.
Yelloweye Rockfish
The Council considered removing the non-trawl ACT for yelloweye
rockfish. Yelloweye rockfish is a prohibited species in all non-trawl
groundfish fisheries, where more than 95 percent of the mortality
occurs. It is currently managed with a non-trawl ACT set at 78.4
percent of the non-trawl allocation, and sector-specific ACTs under the
non-trawl allocation are also set at 78.4 percent of their respective
sector-specific HGs (table 6 below). The majority of commercial non-
trawl mortality is discarded and, therefore, commercial non-trawl
inseason estimates are largely year-end projections that do not have
data-informed estimates of discards until September of the following
year, when the Groundfish Expanded Mortality Multiyear (GEMM) report is
available. Additionally, pre-season management measures of any non-
trawl sector are not expected to be different with or without the ACT.
However, ultimately, the Council recommended maintaining ACTs as a
precaution. Since yelloweye rockfish catch has been restricted for many
years, it is difficult to project encounter rates. This precautionary
approach to higher catch limits would allow more access to target
fisheries for the non-trawl sector, while also managing for the
uncertainty and volatility in catch of this rebuilding stock by this
sector.
Table 6--Proposed 2025-26 Non-Trawl Yelloweye Rockfish HGs and ACTs for the Sector and Sub-Sectors
----------------------------------------------------------------------------------------------------------------
2025 2026
Sector ---------------------------------------------------------------
HG (mt) ACT (mt) HG (mt) ACT (mt)
----------------------------------------------------------------------------------------------------------------
Non-Trawl Sector total.......................... 37.7 29.6 38.5 30.2
Non-nearshore/Nearshore (20.9%)................. 7.9 6.2 8.0 6.3
WA Rec (25.6%).................................. 9.7 7.6 9.9 7.7
OR Rec (23.3%).................................. 8.8 6.9 9.0 7.0
CA Rec (30.2%).................................. 11.4 8.9 11.6 9.1
----------------------------------------------------------------------------------------------------------------
Copper Rockfish South of 34[deg]27' N lat.
NMFS is proposing, in alignment with the Council's recommendation,
to remove the statewide all-sector copper rockfish ACT and to establish
a recreational copper rockfish ACT in the area south of 34[deg]27' N
lat. This recommendation was made in response to the 2023 copper
rockfish off California stock assessment, which estimated depletion of
copper rockfish at 46 and 16 percent north and south of 34[deg]27' N
lat., respectively (Agenda Item G.2 Attachment 1, September 2023 and
Agenda Item G.2 Attachment 2, September 2023). While allowable harvest
of copper rockfish off California is shared by the fixed gear
commercial and recreational sectors, recreational mortality has
accounted for the majority of impacts in recent years. This is
particularly evident in the area south of 34[deg]27' N lat. Over the
last 6 years, the recreational fishery, on average, has been
responsible for approximately 90 percent of total mortality in the area
south of 34[deg]27' N lat. As noted in Agenda Item E.7.a, Supplemental
GMT Report 3, November 2023, establishing a within non-trawl
recreational ACT for copper rockfish south of 34[deg]27' N lat. may
provide a mechanism for management specifically addressing the
proportion of the copper rockfish stock that may be more susceptible to
localized depletion, in a similar manner as has been done previously
for stocks of concern (e.g., yelloweye rockfish). The proposed ACTs are
15.8 and 18.0 mt for 2025 and 2026, respectively.
Shortspine Thornyhead North of 34[deg]27' N lat.
NMFS is proposing, in alignment with the Council's recommendation,
an ACT for shortspine thornyhead in the non-trawl commercial sector
north of 34[deg]27' N lat. This ACT is related to the Council's
recommendation to revise the allocation framework for shortspine
thornyhead, which is described in detail under section III, L of this
preamble. The proposed ACTs for shortspine thornyhead are 67 mt and 55
mt for 2025 and 2026, respectively.
California Quillback Rockfish
NMFS is proposing, in alignment with the Council's recommendation,
to remove the ACT from the 2023-24 biennium for quillback rockfish off
California. The ACT was originally designed as a mechanism to monitor
quillback rockfish mortality relative to its component mortality of the
Nearshore Rockfish complex ACL. Now that the Council has recommended to
remove California quillback rockfish from the Nearshore complex,
mortality will be monitored against its species-specific ACLs. Due to
anticipated low harvest limits, there is little value in setting an ACT
lower than the ACL because the small difference in an ACL to ACT will
not give the Council a timely warning to reduce mortality to avoid
exceeding the ACL.
C. Biennial Fishery Allocations
The Council routinely recommends two-year trawl and non-trawl
allocations during the biennial specifications process for stocks
without formal allocations (as defined in section
[[Page 70416]]
6.3.2 of the PCGFMP) or stocks where the long-term allocation is
suspended because the stock is declared overfished. The two-year trawl
and non-trawl allocations, with the exception of sablefish north of
36[deg] N lat., are based on the fishery HG. The fishery HG is the
tonnage that remains after subtracting the off-the-top deductions
described in section III, A, entitled ``Deductions from the ACLs,'' in
this preamble. The trawl and non-trawl allocations and recreational HGs
are designed to accommodate anticipated mortality in each sector as
well as variability and uncertainty in those mortality estimates.
Additional information on the Council's allocation framework and formal
allocations can be found in section 6.3 of the PCGFMP and 50 CFR 660.55
of the Federal regulations. Tables 7 and 8 below include both
categories of allocations, including formal allocations specified in
the PCGFMP (i.e., amendment 21 stocks/species) or biennial allocations
that are not specified in the PCGFMP and only specified in the Federal
regulations each biennium (i.e., 2-year allocations). Table 9 below
presents the proposed allocations for sablefish north of 36[deg] N lat.
All allocations are detailed in the harvest specification tables
appended to 50 CFR part 660, subpart C in the regulatory text of this
proposed rule.
Table 7--Proposed 2025 Amendment 21 and Biennial Trawl/Non-Trawl Allocation Percentages (%) and Allocation Amounts in Metric Tons (mt)
[Rebuilding species are capitalized]
--------------------------------------------------------------------------------------------------------------------------------------------------------
Trawl Non-trawl
Stock/species Management area Fishery HG Allocation type -------------------------------------------------
(mt) % mt % mt
--------------------------------------------------------------------------------------------------------------------------------------------------------
Yelloweye rockfish................. Coastwide............. 41 Biennial................. 8 3.3 92 38.5
Arrowtooth flounder................ Coastwide............. 9,098 A-21..................... 95 8,643.1 5 454.9
Big skate.......................... Coastwide............. 1,164.6 Biennial................. 95 1,106.4 5 58.2
Bocaccio rockfish.................. S of 40[deg]10' N lat. 1,673.2 Biennial................. 39 652.5 61 1,020.6
Canary rockfish.................... Coastwide............. 508.4 Biennial................. 72.3 367.6 27.7 140.8
Chilipepper rockfish............... S of 40[deg]10' N lat. 2,788 A-21..................... 75 2,091 25 697.0
Cowcod............................. S of 40[deg]10' N lat. 66.5 Biennial................. 36 23.9 64 42.6
Darkblotched rockfish.............. Coastwide............. 729.8 A-21..................... 95 693.3 5 36.5
Dover sole......................... Coastwide............. 45,840 A-21..................... 95 43,459.8 5 2,290.2
English sole....................... Coastwide............. 8,669.4 A-21..................... 95 8,235.9 5 433.5
Lingcod............................ N of 40[deg]10' N lat. 3,349.9 A-21..................... 45 1,507.5 55 1,842.4
Lingcod............................ S of 40[deg]10' N lat. 736.4 Biennial................. 40 294.6 60 441.8
Longnose skate..................... Coastwide............. 1,365.4 Biennial................. 90 1,228.9 10 136.5
Longspine thornyhead............... N of 34[deg]27' N lat. 2,000.7 A-21..................... 95 1,900.7 5 100.0
Pacific cod........................ Coastwide............. 1,098.6 A-21..................... 95 1,043.7 5 54.9
Pacific Ocean perch................ N of 40[deg]10' N lat. 3,182.5 A-21..................... 95 3,023.4 5 159.1
Pacific whiting b/................. Coastwide............. .............. A-21..................... 100 .............. 0 0
Petrale sole....................... Coastwide............. 2,036 Biennial................. ....... 2,006 ....... 30
--------------------------------------------------------------------------------------------
Sablefish.......................... N of 36[deg] N lat.... See Table 9
--------------------------------------------------------------------------------------------
Sablefish.......................... S of 36[deg] N lat.... 7,829.8 A-21..................... 42 3,288.5 58 4,541.3
Shortspine thornyhead.............. Coastwide............. 743.3 Biennial................. 64 475.7 36 267.6
Splitnose rockfish................. S of 40[deg]10' N lat. 1,493.9 A-21..................... 95 1,419.2 5 74.7
Starry flounder.................... Coastwide............. 375.3 A-21..................... 50 187.7 50 187.7
Widow rockfish..................... Coastwide............. 11,018.7 Biennial................. ....... 10,718.7 ....... 300.0
Yellowtail rockfish................ N of 40[deg]10' N lat. 5,216.1 A-21..................... 88 4,590.2 12 625.9
--------------------------------------------------------------------------------------------------------------------------------------------------------
Complexes
--------------------------------------------------------------------------------------------------------------------------------------------------------
Shelf rockfish north............... N of 40[deg]10' N lat. 1,325.7 Biennial................. 60.2 798.1 39.8 527.6
Shelf rockfish south............... S of 40[deg]10' N lat. 1,438.6 Biennial................. 12.2 175.4 87.8 1,263.1
Slope rockfish north............... N of 40[deg]10' N lat. 1,430 A-21..................... 81 1,158.3 19 271.7
Slope rockfish south............... S of 40[deg]10' N lat. 674 Biennial................. 63 424.6 37 249.4
Other flatfish..................... Coastwide............. 7,803 A-21..................... 90 7,022.7 10 780.3
--------------------------------------------------------------------------------------------------------------------------------------------------------
Table 8--Proposed 2026 Amendment 21 and Biennial Trawl/Non-Trawl Allocation Percentages (%) and Allocation Amounts in Metric Tons (mt)
--------------------------------------------------------------------------------------------------------------------------------------------------------
Trawl Non-trawl
Stock/species Management area Fishery HG Allocation type -------------------------------------------------
(mt) % mt % mt
--------------------------------------------------------------------------------------------------------------------------------------------------------
Yelloweye Rockfish.................. Coastwide.............. 41.8 Biennial............... 8 3.3 92 38.5
Arrowtooth flounder................. Coastwide.............. 7,132 A-21................... 95 6,775.4 5 356.6
Big skate........................... Coastwide.............. 1,128.6 Biennial............... 95 1,072.2 5 56.4
Bocaccio............................ S of 40[deg]10' N lat.. 1,680.5 Biennial............... 39 655.4 60 1,025.1
Canary rockfish..................... Coastwide.............. 509.6 Biennial............... 72.3 368.4 27.7 141.2
Chilipepper......................... S of 40[deg]10' N lat.. 2,615.2 A-21................... 75 1,961.4 25 653.8
Cowcod.............................. south of 40[deg]10' N 65.2 Biennial............... 36 23.5 64 41.7
lat.
Darkblotched rockfish............... Coastwide.............. 707.8 A-21................... 95 672.4 5 35.4
Dover sole.......................... Coastwide.............. 40,873 A-21................... 95 38,829.4 5 2,043.7
English sole........................ Coastwide.............. 8,604.4 A-21................... 95 8,174.2 5 430.2
Lingcod............................. N of 40[deg]10' N lat.. 3,252.9 A-21................... 45 1,463.8 55 1,789.1
Lingcod............................. S of 40[deg]10' N lat.. 761.5 Biennial............... 40 304.6 60 456.9
[[Page 70417]]
Longnose skate...................... Coastwide.............. 1,328.4 Biennial............... 90 1,195.6 10 132.8
Longspine thornyhead................ N of 34[deg]27' N lat.. 1,907.3 A-21................... 95 1,811.9 5 95.4
Pacific cod......................... Coastwide.............. 1,098.6 A-21................... 95 1,043.7 5 54.9
Pacific Ocean perch................. N of 40[deg]10' N lat.. 3,074.5 A-21................... 95 2,920.8 5 153.7
Pacific whiting a/.................. Coastwide.............. .............. A-21................... 100 0.0 ....... 0
Petrale sole........................ Coastwide.............. 1,919.5 Biennial............... ....... 1,889.5 ....... 30.0
--------------------------------------------------------------------------
Sablefish........................... N of 36[deg] N lat..... .............. See Table 9
--------------------------------------------------------------------------
Sablefish........................... S of 36[deg] N lat..... 7,432.9 A-21................... 42 3,121.8 58 4,311.1
Shortspine thornyhead............... Coastwide.............. 752.7 Biennial............... 71 534.4 29 218.3
Splitnose rockfish.................. S of 40[deg]10' N lat.. 1,454.9 A-21................... 95 1,382.2 5 72.7
Starry flounder..................... Coastwide.............. 375.3 A-21................... 50 187.7 50 187.7
Widow rockfish...................... Coastwide.............. 10,173.7 Biennial............... ....... 9,873.7 ....... 300.0
Yellowtail rockfish................. N of 40[deg]10' N lat.. 4,997.5 A-21................... 88 4,397.8 12 599.7
--------------------------------------------------------------------------------------------------------------------------------------------------------
Complexes
--------------------------------------------------------------------------------------------------------------------------------------------------------
Shelf rockfish north................ N of 40[deg]10' N lat.. 1,312.3 Biennial............... 60.2 790 39.8 522.3
Shelf rockfish south................ N of 40[deg]10' N lat.. 1,436.2 Biennial............... 12.2 172.2 87.8 1261
Slope rockfish north................ N of 40[deg]10' N lat.. 1,402.2 A-21................... 81 1,135.8 19 266.4
Slope rockfish south................ S of 40[deg]10' N lat.. 671 Biennial............... 63 422.7 37 248.3
Other flatfish...................... Coastwide.............. 6,563 A-21................... 90 6,973 10 697.3
--------------------------------------------------------------------------------------------------------------------------------------------------------
\a\ Pacific whiting harvest limits are set through an annual bilateral treaty process external to the Council.
Table 9--Proposed 2025-2026 Non-Tribal Sablefish North of 36[deg] N Lat. Commercial HGs and Limited Entry (LE) Trawl and Fixed Gear (LEFG) and Open
Access (OA) Fishery Allocations as Percentages (%) and Metric Tons (mt)
--------------------------------------------------------------------------------------------------------------------------------------------------------
LE share LE trawl share LEFG share OA share
Year Non-tribal ---------------------------------------------------------------------------------------------------
commercial HG % mt % mt % mt % mt
--------------------------------------------------------------------------------------------------------------------------------------------------------
2025................................ 25,729.3 90.6 23,310.7 58 13,520.2 42 9,791.9 9.4 2,418.6
2026................................ 24,425.1 90.6 22,129.1 58 12,834.9 42 9,294.0 9.4 2,296.0
--------------------------------------------------------------------------------------------------------------------------------------------------------
Shortspine Thornyhead
Shortspine thornyhead has a formal allocation structure described
in amendment 21 to the PCGFMP. The stock has a coastwide OFL and ABC,
with two area-specific ACLs and fishery HGs set for north and south of
34[deg]27' N lat. The area-specific ACLs have been apportioned using
the data (2003-2012) from the NWFSC WCGBT survey at the time of the
previous assessment conducted in 2013. There are different allocation
frameworks for each area. For north of 34[deg]27' N lat., 95 percent of
the HG has gone to the trawl sector, and 5 percent of the HG to the
non-trawl sector. For south of 34[deg]27' N lat., a fixed tonnage of 50
mt has gone to the trawl sector, and the remainder of the HG to the
non-trawl sector. For the 2025-26 biennium, NMFS is proposing, in
alignment with the Council's recommendation, a change to this
allocation structure to alleviate anticipated constraints for both the
trawl and non-trawl sector north of 34[deg]27' N lat. The details of
this new management measure are described in the Analysis and in
section III, L of this preamble. The proposed allocation framework
would change shortspine thornyhead to a 2-year allocation species, and
set a coastwide ACL, coastwide off-the-top deductions, and a coastwide
HG. In 2025, the trawl/non-trawl allocation would be 64 and 36 percent
of the HG, respectively, and in 2026 the trawl/non-trawl allocation
would be 71 and 29 percent of the HG, respectively. These values are
reflected in tables 6 and 7 above.
Widow Rockfish
The typical allocation framework for widow rockfish allots a fixed
400 mt to the non-trawl sector and the remainder of the HG to the trawl
sector. For the 2025-26 biennium, NMFS is proposing, in alignment with
the Council's recommendation, to reduce the non-trawl allocation to a
fixed 300 mt, thus increasing the remainder of the HG allocated to the
trawl sector by 100 mt. As described in the Council Analytical Document
(Agenda Item F.6 Attachment 2 June 2024), the 2025-26 trawl allocations
are expected to be lower than that sector's mortality in recent years.
The resulting allocations proposed for 2025 and 2026 in tables 6 and 7,
respectively, are expected to meet the needs of each sector.
D. Harvest Guideline Sharing Agreements
For each biennium, the Council can consider HG sharing agreements
for other stocks or stock complexes separate from the standard list of
biennial allocations discussed in section III, C of this preamble.
These sharing agreements can be arrangements on how the HG is split
among separate states, fishery sectors, or both. For the 2025-26
biennium, NMFS is proposing sharing agreements for: bocaccio south of
40[deg]10' N lat., canary rockfish, cowcod, Nearshore rockfish complex
north of 40[deg]10' N lat., sablefish south of 36[deg] N lat., slope
rockfish south of 40[deg]10' N lat., and blackgill rockfish. All
proposed sharing agreements are maintained from the 2023-24 biennium,
with the exception of sablefish south of 36[deg] N lat. The Council is
recommending a new sharing agreement for sablefish south of 36[deg] N
lat. (described below) based on a new recreational set-aside. See the
Council Analytical Document (Agenda Item F.6 Attachment 2, June 2024)
for
[[Page 70418]]
more information on how these HG sharing agreements were chosen. Each
of the sharing agreements and the resulting shares between sectors and/
or states will be published in the SAFE.
Sablefish South of 36[deg] N Lat.
The Council recommended, and NMFS is proposing, a new recreational
set-aside of 10 mt for sablefish south of 36[deg] N lat., within the
non-trawl HG sharing agreement, because the recreational fishery in
this area has expressed interest in targeting sablefish. As described
in the Council Analytical Document (Agenda Item F.6 Attachment 2, June
2024), this amount would allow for better monitoring of mortality of
this stock and is not expected to constrain the commercial non-trawl
sector, which targets sablefish.
Table 10--Proposed HG Sharing Agreement for Sablefish South of 36[deg] N lat. in the 2025-26 Biennium
----------------------------------------------------------------------------------------------------------------
Non-trawl
Sector allocation Rec. set-aside Non-trawl HG LEFG share OA share (mt)
(mt) (mt) (mt) (mt) 70% 30%
----------------------------------------------------------------------------------------------------------------
2025............................ 4,541.3 10 4,531.3 3,171.9 1,359.4
2026............................ 4,311.1 10 4,301.1 3,010.8 1,290.3
----------------------------------------------------------------------------------------------------------------
E. Modifications to Waypoints for Rockfish Conservation Areas
Rockfish Conservation Areas (RCAs) are large area closures intended
to reduce the catch of a rockfish stock or stock complex by restricting
fishing activity at specific depths. The boundaries for RCAs are
defined by straight lines connecting a series of latitude and longitude
coordinates that approximate depth contours. These sets of coordinates,
or lines, are not gear or fishery specific, but can be used in
combination to define an area. NMFS then implements fishing
restrictions for a specific gear and/or fishery within each defined
area.
For the 2025-26 biennium, NMFS is proposing, in alignment with the
Council's recommendation, coordinate modifications to six waypoints
(#95 through 100) on the 50 fathom (fm) line seaward of California
between Pt. Arena and Bodega Bay. These modifications would better
align existing RCA coordinates with the 50-fm chart-based depth
contour.
F. Limited Entry Trawl
The limited entry trawl fishery is made up of the shorebased
individual fishing quota (IFQ) program (for whiting and non-whiting)
and the at-sea whiting sectors (Mothership (MS) and catcher-processor
(C/P)). For some stocks and stock complexes with a trawl allocation, an
amount is first set-aside for the at-sea whiting sector with the
remainder of the trawl allocation going to the shorebased IFQ sector.
Set-asides are not managed by NMFS or the Council except in the case of
a risk to the ACL.
At-Sea Set Asides
For several species, the trawl allocation is reduced by an amount
set-aside for the at-sea whiting sector. This amount is designed to
accommodate catch by the at-sea whiting sector when they are targeting
Pacific whiting. NMFS is proposing, in alignment with the Council's
recommendation, the set-asides in table 11 for the 2025-26 biennium.
Table 11--2025-26 At-Sea Set-Asides for Vessels Targeting Pacific
Whiting While Fishing as Part of the At-Sea Sector
------------------------------------------------------------------------
At-sea set
Species or species complex Area aside amount
(mt)
------------------------------------------------------------------------
Arrowtooth Flounder............... Coastwide........... 100
Canary rockfish................... Coastwide........... 20
Darkblotched rockfish............. Coastwide........... 100
Dover sole........................ Coastwide........... 10
Lingcod........................... N of 40[deg]10' N 15
lat.
Longnose skate.................... Coastwide........... 5
Other flatfish.................... Coastwide........... 100
Pacific halibut................... Coastwide........... 10
Pacific ocean perch............... N of 40[deg]10' N 300
lat.
Petrale sole...................... Coastwide........... 5
Sablefish......................... N of 36[deg] N lat.. 429
Shelf rockfish complex............ N of 40[deg]10' N 35
lat.
Shortspine thornyhead............. N of 34[deg]27' N 70
lat.
Slope rockfish complex............ N of 40[deg]10' N 300
lat.
Widow rockfish.................... Coastwide........... 300
Yellowtail rockfish............... N of 40[deg]10' N 360
lat.
------------------------------------------------------------------------
Incidental Trip Limits for IFQ Vessels
For vessels fishing in the Shorebased IFQ Program, with either
groundfish trawl gear or non-trawl gears, the following incidentally-
caught stocks are managed with trip limits: Nearshore rockfish complex
north and south, Washington black rockfish, Oregon black/blue/deacon
rockfish complex, cabezon (46[deg]16' to 40[deg]10' N lat. and south of
40[deg]10' N lat.), Pacific spiny dogfish, longspine thornyhead south
of 34[deg]27' N lat., big skate, California scorpionfish, longnose
skate, Pacific whiting, and the Other Fish complex. For all these
stocks, this rulemaking proposes maintaining the same IFQ fishery trip
limits for these stocks for the start of the 2025-26 biennium as those
in place in 2024. Additionally, this rulemaking proposes maintaining
the
[[Page 70419]]
trip limit for blackgill rockfish within the southern Slope rockfish
complex. The trip limit would be unlimited to start the 2025 fishing
year. The purpose of the blackgill trip limit would be to allow the
Council to reduce targeting of blackgill rockfish inseason, if needed.
Trip limits for the IFQ fishery can be found in table 1b (North) and
table 1b (South) to part 660, subpart D. Changes to trip limits would
be considered a routine measure under 50 CFR 660.60(c), and may be
implemented or adjusted, if determined necessary, through inseason
action.
G. LEFG and OA Non-Trawl Fishery
Management measures for the LEFG and OA non-trawl fisheries tend to
be similar because the majority of participants in both fisheries use
hook-and-line gear. Management measures, including area restrictions
(e.g., Non-Trawl RCA) and trip limits in these non-trawl fisheries, are
generally designed to allow harvest of target stocks while keeping
catch of overfished stocks low. LEFG trip limits are specified in table
2b (North) and table 2b (South) to subpart E. OA trip limits are
specified in table 3b (North) and table 3b (South) to subpart F, in the
regulatory text of this proposed rule. HG sharing agreements between
non-trawl sectors are published in the SAFE.
LEFG and OA Trip Limits
The Council recommended, and NMFS is proposing, status quo trip
limits for LEFG and OA fisheries in 2025, with the exception of the OA
trip limit for lingcod north of 42[deg] N lat., which is being
decreased from 11,000 pounds (lb) (4,990 kilograms (kg)) per 2 months,
to 9,000 lb (4,082 kg) per 2 months, to ensure the OA trip limit is
lower than the LEFG trip limit. The Council also recommended modifying
the temporal component (i.e., monthly to bimonthly) of multiple OA and
LEFG trip limits. Consolidating trip limits from monthly to bimonthly
is expected to reduce regulator complexity and confusion. With the
exception of the trip limit for lingcod north of 42[deg] N lat., trip
limit amounts that were monthly would double for the bimonthly trip
limit (i.e., a trip limit that was 100 lb (45 kg) monthly would become
a 200 lb (91 kg) trip limit in the bimonthly option). The Council could
recommend further adjustment to the trip limits through additional
inseason action, once more data on the current limits is collected and
the effects on mortality, particularly discard mortality, are better
understood. More information on these trip limits can be found in the
Council Analytical Document (Agenda Item F.6 Attachment 2, June 2024).
Primary Sablefish Tier Limits
The primary sablefish fishery tier program is a limited access
privilege program set up under amendment 14 to PCGFMP (66 FR 41152;
August 7, 2001). Participants hold limited entry permits with a pot
gear and/or longline gear endorsement and a sablefish endorsement.
Under amendment 14, as set out in 50 CFR 660.231, the permit holder
of a sablefish-endorsed permit receives a tier limit, which is an
annual share of the sablefish catch allocation to this sector. NMFS
sets three different tier limits through the biennial harvest
specifications and management measures process and up to three permits
may be stacked at one time on a vessel participating in the fishery.
Stacked tier limits are combined to provide a cumulative catch limit
for that vessel. After vessels have caught their full tier limits, they
are allowed to move into other fisheries for sablefish, specifically
the LEFG or OA trip limit fishery, or fisheries for other species. The
proposed tier limits for 2025 are as follows: Tier 1 at 246,824 lb
(111,957 kg), Tier 2 at 112,193 lb (50,890 kg), and Tier 3 at 64,110 lb
(29,080 kg). The proposed tier limits for 2026 are as follows: Tier 1
at 234,312 lb (106,282 kg), Tier 2 at 106,506 lb (48,310 kg), and Tier
3 at 60,860 lb (27,606 kg).
H. Recreational Fisheries
This section describes the recreational fisheries management
measures proposed for 2025-2026, which are intended to keep catch
within the recreational harvest guidelines for each stock. Washington,
Oregon, and California each proposed, and the Council recommended,
different combinations of seasons, bag limits, area closures, and size
limits for stocks targeted in recreational fisheries. These measures
are designed to limit catch of overfished stocks found in the waters
adjacent to each state while allowing target fishing opportunities in
their particular recreational fisheries. This proposed rule would set
these measures for recreational fisheries occurring in the EEZ. Each
state, respectively, typically sets measures for recreational fisheries
in State waters. The following sections describe the recreational
management measures proposed in each state.
Washington
The state of Washington manages its marine fisheries in four areas:
(1) Marine Area 1, which extends from the Oregon/Washington border to
Leadbetter Point; (2) Marine Area 2, which extends from Leadbetter
Point to the mouth of the Queets Rivers; (3) Marine Area 3, which
extends from the Queets River to Cape Alava; and (4) Marine Area 4,
which extends from Cape Alava to the Sekiu River. This proposed rule
would adopt the following season structure in table 12.
BILLING CODE 3510-22-P
[[Page 70420]]
[GRAPHIC] [TIFF OMITTED] TP29AU24.019
BILLING CODE 3510-22-C
Consistent with the Council's recommendation, NMFS proposes
continuing with the same season structure, closed areas, and bag limits
for 2025-26 as were in place in 2024, with the exception of some
varying depth restrictions proposed in table 12 above to ensure harvest
specifications are not exceeded. The Council also proposed a new sub-
bag limit for canary rockfish of five fish (out of the seven rockfish
bag limit). For more information on the proposed management measures
for the Washington recreational fishery, see the Washington Department
of Fish and Wildlife (WDFW) reports from the April and June 2024
Council meetings (Agenda Item F.5.a, Supp. WDFW Report 1, April 2024;
Agenda Item F.6.a WDFW Report 1 June 2024).
Oregon
NMFS is proposing, consistent with the Council's recommendation,
that Oregon recreational fisheries in 2025-26 would operate under an
all months all depths season structure to start the 2025 fishing year.
The Council recommended maintaining the 2023-24 aggregate bag limits
and size limits in Oregon recreational fisheries for 2025-26, but with
the addition of a new bag limit for sablefish and a new sub-bag limit
for canary rockfish within the longleader bag limit. The proposed bag
limits are: a marine fish aggregate limit of 10 fish per day, where
cabezon have a minimum size of 16 inches (in) (41 centimeter (cm)); 3
lingcod per day, with a minimum size of 22 in (56 cm); 25 flatfish per
day, excluding Pacific halibut; a longleader gear limit of 12 fish per
day with a sub-bag limit of 5 canary rockfish; and 10 sablefish per
day.
NMFS is proposing, consistent with the Council's recommendation, a
new sub-bag limit of five canary rockfish per angler within the
longleader bag limit. This sub-bag limit would be used to mitigate the
decrease in the coastwide ACL and recreational allocation for canary
rockfish. The Council also recommended a new bag limit for sablefish.
As explained in the Council Analytical Document (Agenda Item F.6
Attachment 2, June 2024), sablefish encounters and catches have
increased in all sectors (including the Oregon recreational fishery),
as larger recruitment classes of sablefish have entered into the
different fisheries. Sablefish are not a targeted species in the Oregon
recreational fishery; however, they are encountered during offshore
Pacific halibut fishing trips and/or offshore longleader trips.
Recreational anglers off Oregon are allowed to retain sablefish during
a
[[Page 70421]]
longleader trip, however, under current regulations, the sablefish bag
limit is part of the general marine bag limit (i.e., maximum of 10),
which is smaller than the longleader bag limit (i.e., maximum of 12).
Sablefish, at present, must count as part of the 12-fish longleader bag
limit. Removing sablefish from the marine bag and creating a new
sablefish bag limit of 10 avoids regulatory complexity, as anglers
would then be allowed to retain 10 sablefish in addition to the 12-fish
longleader bag limit. Additionally, a 10-fish sablefish bag limit
allows anglers to retain more sablefish in conjunction with the
longleader bag limit. This measure will likely decrease regulatory
discards and provide an additional opportunity for recreational anglers
that fish offshore. For more information on the proposed management
measures for the Oregon recreational fishery, see the Council
Analytical Document and the Oregon Department of Fish and Wildlife
reports from the April 2024 Council meeting (Agenda Item F.5.a
Supplemental ODFW Report 1, April 2024).
California
The Council manages recreational fisheries in waters seaward of
California in five separate management areas. Season and area closures
differ between California management areas to limit incidental catch of
overfished stocks and stocks of concern while providing as much
recreational fishing opportunity as possible. The Council's recommended
California season structure for 2025 and 2026 is the same as the
structure adopted by the Council for 2024 recreational fisheries in
California (Agenda Item F.8.a CDFW Supplemental Report 2, March 2024;
Agenda Item F.5.a Supplemental CDFW Report 1 April 2024).
In the Northern Management Area (42[deg] N lat. to 40[deg]10' N
lat.), the Mendocino Management Area (40[deg]10' N lat. to 38[deg]57.5'
N lat.), the San Francisco Management Area (38[deg]57.5' N lat. to
37[deg]11' N lat.), and part of the Central Management Area (37[deg]11'
N lat. to 36[deg] N lat.), the fishery for California rockfish,
cabezon, greenling complex (RCG complex), as defined at 50 CFR
660.360(c)(3)(ii), and the fishery for lingcod would be closed January
1 to March 31, open seaward of 50 fm (91 m) from April 1 to April 31,
closed in the EEZ from May 1 to September 30, open seaward of 50 fm (91
m) from October 1 to October 31, closed in the EEZ, and open seaward of
50 fm (91 m) from December 1 to December 31.
In the other portion of the Central Management Area (36[deg] N lat.
to 34[deg]27' N lat.) and the Southern Management Area (34[deg]27' N
lat. to U.S./Mexico border), the RCG complex fishery and the lingcod
fishery would be closed January 1 to March 31, open in all depths April
1 to June 30, open in the EEZ shoreward of 50 fm (91 m) from July 1 to
September 30, and open seaward of 50 fm (91 m) from October 1 to
December 31. Recreational groundfish fishing opportunities in state
waters may differ and would be announced separately by the California
Department of Fish and Wildlife (CDFW).
Table 13 shows the proposed season structure and depth limits by
management area in 2025 and 2026 for the RCG complex fishery and
lingcod fishery.
BILLING CODE 3510-22-P
[GRAPHIC] [TIFF OMITTED] TP29AU24.020
[[Page 70422]]
BILLING CODE 3510-22-C
The use of the 50 fm line in the table above constitutes the
Recreational RCA line for the start of the 2025-26 biennium, but the
Council could recommend to use a different fm line via an inseason
action. In other words, the line approximating the 50 fm depth contour
would be the line used for the ``offshore fishery,'' where fishing can
be open seaward of the single fm line, as opposed to across a range of
depths between two fm lines, which is how RCA closures are typically
structured. This management measure was implemented in the 2023-24
biennium (87 FR 77007; December 16, 2022) and used for the first time
via the Council's September 2023 inseason action (88 FR 67656; October
2, 2023).
In 2023-24, Federal regulations required that recreational vessels
be in continuous transit when motoring back to port during times where
an offshore fishery was in place. However, these regulations
inadvertently prevented recreational vessels from anchoring overnight
shoreward of a Recreational RCA during unfavorable weather conditions
or during multi-day trips, thus creating safety-at-sea concerns.
Additionally, these regulations inadvertently prevented recreational
vessels from fishing for non-groundfish species (e.g., lobster) that
they would typically target alongside groundfish. NMFS published a
temporary emergency rule to address this issue on April 1, 2024 (89 FR
22352). To address these concerns for the 2025-26 biennium and beyond,
NMFS is proposing, consistent with the Council's recommendation, a new
management measure that would allow recreational vessels to stop and/or
anchor in Federal waters shoreward of the Recreational RCA line,
provided that no hook-and-line gear is deployed. This management
measure is described in greater detail in the Analysis and below in
section III.N.
NMFS is proposing, consistent with the Council's recommendation,
the continuation of all the same bag and sub-bag limits from 2024 for
the RCG complex, lingcod, Other flatfish, petrale sole, starry
flounder, and California scorpionfish. With the exception of the
seasonal Recreational RCA boundaries described above in table 13, all
other area closures would remain the same as 2024 for 2025-26 (i.e.,
Cordell Bank GCA, YRCAs, GEAs, and EFHCAs).
NMFS is proposing, consistent with the Council's recommendation, to
remove size limit requirements for cabezon, greenlings, and California
scorpionfish. NMFS is also proposing to remove the filet length
requirement for California scorpion fish and modifying the filet
requirements for cabezon, greenlings, California scorpionfish, and
lingcod. Current regulations prohibit fileting cabezon and greenlings
at sea (50 CFR 660.360(c)(3)(ii)(D)) and specify minimum size
requirements (50 CFR 660.360(c)(3)(ii)(C)). California scorpion fish
are allowed to be fileted at sea provided that filets are no smaller
than 5 in (12.8 cm) and bear an intact 1 in (2.6 cm) square patch of
skin (50 CFR 660.360(c)(3)(v)(D)); there is also a minimum size
requirement of 10 in (25 cm) (50 CFR 660.360(c)(3)(v)(C)). Lingcod is
also allowed to be fileted at sea provided that filets are no smaller
than 14 in (36 cm) in length and that each filet bear an intact 1 in
(2.6 cm) square patch of skin. The Council recommended to change these
regulations to remove the size limits and instead allow fishermen to
filet both cabezon and greenlings at sea. In addition, the Council
recommended to remove the size limit for California scorpionfish, and
modify the filet requirements for cabezon, greenlings, California
scorpionfish and lingcod so that the skin is required to be left on the
filet, which would improve the ability for enforcement officers to
distinguish between filets of these four species, which closely
resemble one another. Cabezon, greenling, and California scorpionfish
are commonly captured along with rockfish on recreational trips. Size
limit restrictions and filet regulations prevent commercial passenger
fishing vessel (CPFV) operators and recreational anglers from fileting
all species aboard the vessel at sea since, regulations that require
fish with a size limit, but no filet length requirement, must be landed
whole (50 CFR 660.360(c)(3)(ii)(D)). This process increases time and
cost as anglers need to wait to filet certain species when they return
to port. These changes are anticipated to reduce operational
constraints for CPFVs. See the Council Analytical Document (Agenda Item
F.6 Attachment 2, June 2024) for more information on these proposed
changes.
I. Exempted Fishing Permits
Issuing EFPs is authorized by regulations implementing the MSA at
50 CFR 600.745, which state that EFPs may be used to authorize fishing
activities that would otherwise be prohibited.
At its June 2024 meeting, the Council recommended that NMFS approve
two EFP applications for the 2025 fishing year and preliminarily
approve the EFP applications for the 2026 fishing year. The Council
considers EFP applications concurrently with the biennial harvest
specifications and management process because expected catch under most
EFP projects is included in the catch limits for groundfish stocks. All
of the EFP applications for 2025-26 are renewals from previous biennia.
A summary of each EFP application is provided below:
Groundfish EFP Proposal--Year-round Coastwide Midwater
Rockfish EFP: Monitoring and Minimizing Salmon Bycatch When Targeting
Rockfish in the Shorebased IFQ Fishery, 2025-2026: West Coast Seafood
Processors, Oregon Trawl Commission, Midwater Trawlers Cooperative, and
the Environmental Defense Fund submitted a renewal application to
continue research that has been conducted since 2017; the multi-year
EFP project is collectively referred to as the ``Trawl Gear EFP.'' The
purpose of the EFP is for vessels participating in the West Coast
Groundfish Trawl Rationalization Program's Limited Entry Shorebased IFQ
Program to test whether removing certain gear, time, and area
restrictions may impact the nature and extent of bycatch of protected
and prohibited species (i.e., Chinook salmon, coho, eulachon, and green
sturgeon). The EFP project would require exemptions for vessels fishing
with bottom trawl groundfish gear from: (1) the requirement to use
selective flatfish trawl gear, and the prohibition on using small
footrope gear other than selective flatfish trawl gear between 42[deg]
and 40[deg]10' N lat. and shoreward of the boundary line approximating
the 100 fm depth contour (see 50 CFR 660.130(c)(2)(i) and (c)(2)(ii));
and (2) the requirement that selective flatfish trawl must be a two-
seamed net with no more than two riblines, excluding the codend (see 50
CFR 660.130(b)(1)(ii)(A)). The EFP project would require exemptions for
vessels fishing with midwater trawl groundfish gear from: (1) the
prohibition on fishing outside the primary season dates for the Pacific
whiting IFQ fishery (see 50 CFR 660.112(b)(1)(x) and Sec.
660.130(c)(3)); and (2) the prohibition on fishing south of 40[deg]10'
N lat. shoreward of the boundary line approximating the 150 fm depth
contour (see Sec. 660.130(c)(3)(ii) and (c)(4)(ii)(B)). The EFP
project would require exemptions for vessels fishing with either
midwater or bottom trawl groundfish gear from: (1) the prohibition on
retaining certain prohibited species (see Sec. 660.12 (a)(1)); and (2)
the requirement to discard certain prohibited species at sea (see Sec.
660.140 (g)(1)). If this EFP is approved, NMFS would set a bycatch
limit of 1,000 Chinook salmon north of 42[deg] N lat. and 100 Chinook
salmon south of 42[deg] N lat. for vessels declared into the EFP,
regardless of gear type. If either of these
[[Page 70423]]
bycatch limits are reached, NMFS would revoke the EFP for both gear
types in the respective management area (i.e., north or south of
42[deg] N lat.). Participating vessels would also be required to retain
all salmon (excluding salmon already sampled by NMFS' West Coast
Groundfish Observer Program) until offloading. If approved, NMFS would
authorize up to 60 vessels to participate in the EFP.
Groundfish EFP Proposal--California Department of Fish and
Wildlife 2025-2026 EFP: The CDFW submitted a renewal application for
research that has been conducted since 2021. The purpose of the EFP
project is to collect fishery-dependent biological data for cowcod for
inclusion in future stock assessments. For the 2025-26 biennium, CDFW
added yelloweye rockfish and California quillback rockfish to this
scope to also collect fishery-dependent biological data for these
species. The EFP project would require an exemption from the
prohibition on retention of cowcod, yelloweye rockfish, and California
quillback rockfish in the California recreational fishery (see Sec.
660.360(c)(3)). The EFP would also provide that any cowcod, yelloweye
rockfish, or California quillback rockfish taken and retained would not
count against the recreational bag limit for the aggregate of rockfish,
cabezon, and greenlings. If approved, NMFS would authorize up to 30
vessels that participate in the California recreational CPFV fishery to
retain these species for transfer to CDFW groundfish staff upon
landing.
Neither of these EFP projects request set-asides as off-the-top
deductions from the 2025-26 applicable ACLs. For the Trawl Gear EFP,
landings and discards of IFQ species would be accounted for through the
participating vessel's IFQ. For the CDFW EFP, all mortality is expected
to occur in conjunction with routine recreational fishing activities
and would be calculated as part of the normal recreational catch
estimation process. NMFS would not require 100 percent observer
coverage for vessels participating in the CDFW EFP project because
recreational vessels do not meet the minimum size requirements under
Federal regulations to carry an observer.
NMFS does not expect any impacts to the environment, essential fish
habitat, or protected or prohibited species from these EFPs beyond
those analyzed for the groundfish fishery as a whole in applicable
biological opinions (available at https://www.fisheries.noaa.gov/species/west-coast-groundfish#management), the draft Analysis (see
ADDRESSES), or the EA for the 2018 Trawl Gear EFP dated December 2017
(available at: https://www.fisheries.noaa.gov/region/west-coast).
After publication of this document in the Federal Register, NMFS
may approve and issue permits for the proposed EFP projects for the
2025 fishing year after the close of the public comment period. Both
EFP applications are available under ``Supporting and Related
Materials'' (see ADDRESSES). NMFS will consider comments submitted in
deciding whether to approve the applications as requested. NMFS may
approve the applications in their entirety or may make any alterations
needed to achieve the goals of the EFP projects. NMFS would not issue
another Federal Register notice soliciting public comment on renewing
these EFP projects for 2026 unless: (1) the applicants modify and
resubmit their applications to NMFS; (2) changes to relevant fisheries
regulations warrant a revised set of exemptions authorized under the
EFP projects; or (3) NMFS' understanding of the current biological and
economic impacts from EFP fishing activities substantially changes.
J. Permit Program for the Directed Open Access Fishery Sector
NMFS is proposing, consistent with the Council's recommendation, a
new permit program for the directed OA sector. The directed OA fishery
is defined in 50 CFR 660.11 under ``open access fishery'' and includes
those vessels targeting groundfish pursuant to the OA regulations under
Part 660 subpart F. It does not include vessels that retain groundfish
incidentally to non-groundfish target species (e.g., the salmon troll
fishery, which often retains incidentally caught groundfish).
The purpose of this new management measure is to better track and
account for participation in the directed OA sector, thus enabling the
Council and NMFS to better account for impacts to and from this sector.
The directed OA sector has grown substantially since it was first
established alongside the LE sectors in amendment 6 to the PCGFMP (57
FR 54001; Nov 16 1992). Although the Council can generally identify
participants via landing receipts and declarations, the lack of an
official registry of directed OA participants has created ongoing
challenges with: (1) developing management measures for the directed OA
fishery; (2) communicating new regulations to the directed OA sector
(e.g., the non-trawl logbook), and; (3) the West Coast Groundfish
Observer Program's ability to target and sample specific gear types in
this sector. This permit program would help alleviate these challenges,
as NMFS would have an official list of the participants with their
contact and vessel information, as well as advanced notice of when they
intend to participate in the directed OA fishery. Additionally, the
ability to better tailor observer coverage to this sector would help
verify impacts from non-bottom contact hook-and-line gear types that
were recently approved for use inside the Non-Trawl RCA starting in
2023 (87 FR 77007; January 1, 2023).
The permit program would require vessels that intend to participate
in the directed OA sector to register their information, pay an
administrative fee, and obtain a permit on an annual basis. Permits
would expire on the last day of the birth month of the permit holder.
The number of permits would not be capped. Permits will be assigned to
a vessel owner per vessel (i.e., if an owner intends to use two vessels
in the directed OA fishery, they would need to obtain two permits, one
for each vessel). Applications would be available year-round with an
estimated 2-week turnaround between when an applicant submits a
complete application and when a permit would be issued; therefore,
directed open access participants would need to do some short-term
planning ahead for their participation in the sector. NMFS proposes to
use its existing web-based application with digital submission and
delivery of the permit applications and to allow participants to
provide either digital or paper proof of permit upon request. Required
application information would include vessel ownership documentation
from either the U.S. Coast Guard or state registration form. Permit
lists would be shared with the WCGOP for observer selection purposes.
All permits issued by NMFS carry an administrative cost, per the
requirements for user fees based on the provision of a service. These
costs vary based on the administrative costs of receiving applications,
reviewing applications and any association required documentation, and
issuing permits as a factor of the number of expected applications. The
amount of the fee would be determined in accordance with the NOAA
Finance Handbook available at https://www.corporateservices.noaa.gov/finance/documents/NOAAFinanceHBTOC_09.06.19.pdf and would be specified
on the application form. The fee may not exceed the administrative
costs and must be submitted with the application for the application to
be considered complete. Annual permit fees across West Coast fisheries
currently range from $18 for
[[Page 70424]]
the limited entry drift gillnet permit to $170 for the groundfish
limited entry permit. Permit fees are recalculated on a regular basis
and may decrease after initial implementation due to on-going operating
costs being lower than administrative costs. NMFS expects the cost of
the directed open access permit to be on the lower end of the cost
range.
NMFS may require that fishermen provide vessel monitoring system
(VMS) information during the application process for a directed OA
permit. The purpose of this requirement would be to ensure that all
directed OA permittees are in compliance with VMS regulations. If NMFS
chooses to require VMS information, notification will be provided in
the final rule. NMFS welcomes public comment on this potential
requirement. Additionally, NMFS may also restrict the ability to dual
declare both a directed OA declaration code (codes 33 through 37 at
Sec. 660.13(d)(4)(iv)(A) and an IOA declaration code. The purpose of
this restriction would be to better delineate directed OA fishermen
from IOA fishermen. If NMFS chooses to move forward with this
restriction, additional language would be added to Sec.
660.13(d)(4)(iv) specifying the restriction in the final rule. NMFS
also welcomes public comment on this potential restriction.
When the permit program is established, NMFS will do appropriate
outreach to communicate instructions to the fleet. For more information
on this new management measure see Council Analytical Document (Agenda
Item F.6 Attachment 2, June 2024) and the NMFS report from the June
2024 Council meeting (Agenda Item F.6.a NMFS Report 1, June 2024).
K. Update Electronic Monitoring Program Discard and Retention
Requirements
NMFS is proposing, consistent with the Council's recommendation,
modifications to the regulations pertaining to discard and retention
requirements in the Electronic Monitoring (EM) program for non-IFQ
species, to include sablefish and rex sole, and to exclude California
halibut. An EFP project designed to test EM to determine its efficacy
for monitoring the groundfish trawl fishery and the at-sea Pacific
whiting fishery, in lieu of human observers, occurred from 2015-2023.
During the past 8 years, the Pacific States Marine Fisheries Commission
has conducted video review analysis of EM. Improved catch handling from
vessel crew, as well as the improved ability to reliably identify more
species on camera from video reviewers over time has resulted in the
allowable discards list to expand under the EFP. However,
inadvertently, both sablefish and rex sole have been missing from the
discard list specified in regulation, whereas the Vessel Monitoring
Plan does list these stocks. Additionally, as currently written, the
regulations are in conflict with regard to the rules for California
halibut catch handling. The regulations require vessels to discard the
non-IFQ species California halibut ``except as allowed by state
regulations'' at 50 CFR 660.604(p)(4)(ii), but under 50 CFR
660.604(p)(4)(i), the vessel must retain this species. The addition of
sablefish and rex sole to the existing list in regulations, and
removing California halibut from them, would align current practices
under the EFP.
L. Shortspine Thornyhead Allocation Framework
The Council recommended, and NMFS is proposing, modifying the
allocation framework for shortspine thornyhead. These modifications
would include removing the management line at 34[deg]27' N lat. and
combining the area-specific ACLs, off-the-top deductions, HGs, and
trawl/non-trawl allocations that would have otherwise been assigned
north and south of 34[deg]27' N lat.
Shortspine thornyhead's allocation structure was established via
amendment 21 to the PCGFMP (see pcouncil.org). It has a coastwide OFL
and ABC, and two area-specific ACLs and fishery HGs for north and south
of 34[deg]27' N lat. The ACL apportionment method is based on the
available data (2003-2012) from the NWFSC WCGBT survey at the time of
the previous assessment conducted in 2013, which has resulted in
approximately 70 percent of the biomass estimated north of 34[deg]27' N
lat. for the past 5 years (Agenda Item E.5.a, Supplemental GMT Report
1, November 2023). For north of 34[deg]27' N lat., the trawl sector is
allocated 95 percent of the HG and the non-trawl sector is allocated 5
percent of the HG. For south of 34[deg]27' N lat., the trawl sector is
allocated a fixed 50 mt of the HG, and the non-trawl sector receives
the remainder of the HG. Thus, the percent allocation of each sector's
HG in the area south of 34[deg]27' N lat. has fluctuated from year to
year, depending on the biomass of the stock and resulting ACL and HG.
As a result of the 2023 stock assessment (Agenda Item G.2
Attachment 4, September 2023), which indicates the stock will be in the
precautionary zone, shortspine thornyhead ACLs in the 2025-26 biennium
are expected to be constraining for both the trawl and non-trawl
sectors in the area north of 34[deg]27' N lat. For the trawl sector in
the north, there would be substantial IFQ reductions. For the non-trawl
sector in the north, trip limits for the LEFG fishery would have to be
so low that a targeted fishery is unlikely to be viable. Shortspine
thornyhead has been chronically under-attained in the area south of
34[deg]27' N lat.; therefore, combining the trawl and non-trawl
allocations into coastwide allocations would allow for more flexible
use in issuing trawl quota and setting non-trawl trip limits. The stock
occurs coastwide without known finer-scale population structure. The
separate ACLs are a relic of the management system, rather than a tool
to address any biological or ecological issue. To achieve the proposed
combination, the Council and NMFS would change shortspine thornyhead to
a 2-year allocation species (i.e., trawl/non-trawl allocation amounts
would be set biennially as opposed to specified in the PCGFMP) and set
a coastwide ACL and HG (as opposed to two area-specific ACLs and HGs)
for 2025 and beyond. The trawl/non-trawl allocation at the outset of
the recombination in 2025 would be 64 percent of the HG to the trawl
sector and 36 percent of the HG to the non-trawl sector. For 2026, the
Council recommended that 71 percent of the coastwide HG be allocated to
the trawl sector and 29 percent of the HG be allocated to the non-trawl
sector. These allocation amounts may be revisited by the Council in
future biennia.
Shortspine thornyhead was recently defined as a coastwide stock via
amendment 31 (88 FR 78677; November 16, 2023). Therefore, the removal
of the management line is consistent with the best scientific
information available, which indicates there is no biological need for
different management strategies north and south of 34[deg]27' N lat.
However, recent data from the NWFSC WCGBT survey indicates that
approximately 70 percent of the stock has resided north of 34[deg]27' N
lat. and 30 percent has resided south in the past 5 years, and the
separate ACLs had been apportioned accordingly. Since this new
management measure would create a coastwide allocation, there will
likely be more effort in the area north of 34[deg]27' N lat., than
there otherwise would be if the management line were not removed and
the area-specific ACLs and HGs remained. Consequently, the Council
recommended the continuation of setting different trip limits for the
LEFG and OA fisheries north and south of 34[deg]27' N lat. to maintain
their ability to manage effort in each area. The
[[Page 70425]]
proposed trip limits are provided in table 2b (LEFG) and table 3b (OA)
in the regulatory changes presented in this proposed rule. The Council
also recommended setting an ACT in the area north of 34[deg]27' N lat.
This would provide a mechanism to slow the concentration of effort in
the northern non-trawl fishery. The proposed ACTs for shortspine
thornyhead are 67 mt and 55 mt for 2025 and 2026, respectively. For
more information on this management measure, see the Council Analytical
Document (Agenda Item F.6 Attachment 2, June 2024).
M. Requirement for Recreational Vessels To Possess a Descending Device
NMFS is proposing, consistent with the Council's recommendation, a
new management measure that would require recreational vessels fishing
in Federal waters seaward of Washington, Oregon, or California, to
possess a functional descending device. A descending device is a tool
used to return fish that suffer from barotrauma to depth of capture.
Barotrauma is a condition caused by rapid decompression when a fish is
reeled up from depth (high pressure) to the surface (low pressure),
which can cause multiple physiological changes, notably an inflated
swim bladder. When rockfish suffering from barotrauma are released at
the surface, their ability to return to depth on their own is
compromised due to the inability of the fish to vent the gas from the
swim bladder. This can result in increased mortality, either due to
surface depredation (e.g., from birds, marine mammals, etc.) or
physiological trauma. Returning a fish to depth can reverse the
physiological effects of barotrauma and can reduce mortality of
released fish. Therefore, this new management measure would reduce
mortality of rockfish species in the Pacific Coast groundfish
recreational fisheries by increasing the likelihood that discarded
species will be returned to depth.
The requirement would be one functional descending device per
vessel, regardless of the number of anglers onboard. Although each of
the respective states have their own requirements, those requirements
are only applicable in State waters. This management measure would
apply to any vessel fishing for groundfish under recreational catch
limits in Federal waters, thus creating continuity across state and
Federal regulations. Anglers would be required to present the
descending device at the request of an enforcement officer. For
information on this management measure, see the Analysis.
N. Modification to Continuous Transit Limitations for California
Recreational Vessels
NMFS is proposing, consistent with the Council's recommendation,
modifications to the continuous transit regulations for California
recreational vessels. These changes would allow recreational vessels to
stop and/or anchor in Federal waters shoreward of a Recreational RCA
line, provided that no hook-and-line gear is deployed. At their
September 2023 meeting, the Council recommended that California
recreational fishing vessels be required to fish seaward of the
Recreational RCA line (i.e., the 50 fm depth contour, a management
measure also known as the ``offshore fishery'') for the remainder of
2023, consistent with California state action implemented on August 21,
2023. The purpose of this action was to protect nearshore-dwelling
California quillback rockfish, a stock that was declared overfished by
NMFS in December 2023. Like other groundfish closures that exist in
Federal waters, continuous transit rules apply when a Recreational RCA
line is in effect, which means recreational vessels may only be
transiting shoreward of 50 fm depth contour on their way back to port
(see 50 CFR 660.360(c)(3)(i)(a)). Industry representatives brought up
early concerns that these continuous transit rules, in conjunction with
similar transit rules that were applicable in California state waters
at the time, prevent recreational vessels from: (1) anchoring overnight
on multi-day charter trips, either planned or for safety shoreward of
50 fm (91 m), and (2) anchoring to fish for non-groundfish species
(e.g., lobster or Dungeness crabs with traps) shoreward of 50 fm (91
m). The lack of ability to do these activities creates significant
safety-at-sea concerns and forces charter companies to cancel fishing
trips that typically offer a variety of target species, both groundfish
and non-groundfish (primarily invertebrate targets).
NMFS took temporary emergency action to modify the continuous
transit regulations for the 2024 fishing year (89 FR 22352; April 1,
2024). The Council recommended the same modifications be made permanent
through this action for the 2025-26 biennium and beyond. Similar to the
emergency action (89 FR 22352; April 1, 2024), this new management
measure is expected to prevent the cancellation of thousands of multi-
day or groundfish/non-groundfish recreational fishing trips. For more
information on this management measure, see the Analysis.
O. Change to the Scientific Name of Pacific Sand Lance and the Common
Name of Pacific Spiny Dogfish
NMFS is proposing, consistent with the Council's recommendation,
administrative changes to the regulations that would correct the
scientific name of Pacific sand lance and the common name of Pacific
spiny dogfish. The scientific name for Pacific sand lance at Sec.
660.5(a) is incorrectly listed as Ammodytes hexapterus. The correct
scientific name for this species is Ammodytes personatus. The common
name for spiny dogfish (Squalus suckleyi) has changed to include
``Pacific'' thus the correct common name is Pacific Spiny Dogfish.
P. Rebuilding Plan for California Quillback Rockfish
NMFS is proposing, consistent with the Council's recommendation,
the implementation of a rebuilding plan for quillback rockfish off
California. NMFS declared quillback rockfish off California overfished
in December 2023 in response to a data-moderate assessment conducted by
the NWFSC in 2021 (Agenda Item E.2, Attachment 4, November 2021). When
NMFS declares a stock overfished, the Council must develop and manage
the stock in accordance with a rebuilding plan (50 CFR 600.310(j)),
which must include certain rebuilding parameters, including Tmin, Tmax,
and Ttarget. Tmin means the amount of time the stock or stock complex
is expected to take to rebuild to its MSY biomass level in the absence
of any fishing mortality (50 CFR 600.310(j)(3)(i)(A)). Tmax means the
maximum time for rebuilding a stock or stock complex to its MSY biomass
and can be 10 years or more depending on the value of Tmin (50 CFR
600.310(j)(3)(i)(B)). If Tmin for the stock or stock complex exceeds 10
years, then Tmax must be calculated as Tmin plus the length of time
associated with one generation time for that stock or stock complex.
``Generation time'' is the average length of time between when an
individual is born and the birth of its offspring. Ttarget means the
specified time period for rebuilding a stock that is considered to be
as short a time as possible, taking into account the status and biology
of the overfished stock, the needs of fishing communities,
recommendations by international organizations in which the U.S.
participates, and interaction of the stock within the marine ecosystem
(50 CFR 600.310(j)(3)(i)(C) and 50 CFR 600.310(j)(3)(i)). In March
2024, the Council adopted the California quillback rockfish rebuilding
analysis
[[Page 70426]]
(Agenda Item F.2 Attachment 1, March 2024), which specified the
following rebuilding parameters: Tmin = 2045, Tmax = 2071, and mean
generation time of 26 years. Ttarget (2060) was selected by the Council
based on the chosen rebuilding strategy described below.
To meet rebuilding plan requirements, the Council considered a
range of alternative harvest control rules during the development of
this action (Agenda Item F.6 Supplemental Revised Attachment 3, June
2024). The four harvest control rules considered include: (1)
Alternative 1-ACL SPR = 0.55 < ABC P* 0.45; (2) Alternative 2-the ABC
rule, P* 0.45; (3) Alternative 3-CDFW alternative; and (4) Alternative
4-F = 0. The Council considered but removed Alternative 1 and
Alternative 3 from further consideration at the April 2024 meeting.
Alternative 1 would rebuild the stock by 2071 (Tmax), however, the
Council rejected Alternative 1 as, when compared to Alternative 2,
Alternative 1 delays rebuilding by two years and with a lower
probability of rebuilding (69.4 percent) by Tmax. Alternative 3 was not
selected for further consideration because it failed to meet technical
and legal requirements, as it would result in a catch limit
substantially higher than the SSC-recommended OFL. Alternative 4 (F =
0) represents a harvest strategy that achieves zero fishing mortality
and rebuilds the stock in the minimum amount of time. This strategy has
a 50 percent probability of rebuilding the stock by 2045 and a 99.9
percent probability of rebuilding by 2071 (Tmax); however, to achieve
F=0, all groundfish and non-groundfish fisheries that encounter
California quillback rockfish would need to be closed, which would
cause devastating short-term economic impacts to California fishing
communities. Table 14 below shows what the resulting harvest
specifications would be under each rebuilding strategy for comparison.
Table 14--Harvest Specifications for OFL and ACL Resulting From Rebuilding Strategies Given the Assumed Removals
for 2021-2024
----------------------------------------------------------------------------------------------------------------
Harvest control rule \a\
-----------------------------------------------
Alternative 1 Alternative 2 Alternative 4
CA quillback rockfish -----------------------------------------------
F = 0 (i.e.,
SPR 0.55 ABC rule (P* no fishing
0.45) mortality)
----------------------------------------------------------------------------------------------------------------
2025 OFL/ACL (mt)............................................... 1.52/1.26 1.52/1.30 1.52/0
2026 OFL/ACL (mt)............................................... 1.77/1.47 1.77/1.50 1.81/0
SPR............................................................. 0.55 .............. 1.0
TTARGET......................................................... 2062 2060 2045
TMAX............................................................ 2071 2071 2071
Probability of recovery by TMAX................................. 0.694 0.736 0.999
----------------------------------------------------------------------------------------------------------------
\a\ Alternative 3 is not included in this table because it was not part of the range included in the rebuilding
analysis.
NMFS is proposing, consistent with the Council's recommendation,
the ABC control rule as the rebuilding plan harvest strategy
(Alternative 2). This rebuilding strategy sets the ABC by applying the
maximum management risk tolerance (P* 0.45) and the standard scientific
uncertainty (time-varying [sigma]) reduction to the OFL. As shown in
the Analysis, this rebuilding strategy has a 50 percent probability of
rebuilding the stock by 2060 (Ttarget) and 73.6 percent probability of
rebuilding by 2071. Accordingly, this alternative will rebuild the
stock within the MSA-mandated timeframe, while still providing some
fishing opportunity to meet the needs of the fishing communities.
The Analysis explains that if the rebuilding plan were set to
rebuild the stock as fast as possible (i.e., F = 0), the necessary full
fishery closures across all groundfish fisheries off of California
would devastate numerous fishing businesses and communities. Given the
target length of time to rebuild under the F = 0 strategy, it's likely
that many California communities could lose vital infrastructure that
would impede future engagement in the groundfish fisheries even after
California quillback rockfish was rebuilt. Therefore, the Council
recommended, and NMFS is proposing, slower rebuilding in order to allow
for very limited mortality of co-occurring quillback rockfish, so that
other healthy groundfish targets can be caught in recreational and
commercial fisheries. For additional information on the range of
alternative harvest control rules considered, see the Analysis.
As noted above, the majority of quillback rockfish fishing
mortality occurs in state waters. The proposed rebuilding plan only
applies in the EEZ. NMFS expects to work cooperatively with the CDFW on
any measures the state deems fit to apply in state waters to support
rebuilding throughout the stock's range. Mortality of California
quillback rockfish in state waters will be deducted from the Federal
ACL.
Q. Corrections
This rulemaking proposes minor corrections to the regulations at 50
CFR part 660. These minor corrections are necessary to reduce confusion
and inconsistencies in the regulatory text, alleviate enforcement
challenges, and ensure the regulations accurately implement the
Council's intent.
At Sec. 660.11, NMFS proposes to remove the definition for
``grandfathered or first generation'' because it is a term that is no
longer used in Federal regulations.
At Sec. 660.13, NMFS proposes to make various changes to the non-
trawl logbook regulations. First, at Sec. 660.13(a)(3)(ii)(A) and (B),
NMFS proposes amending the regulations to clarify that information on
setting and retrieving gear must be recorded for every set. The
regulations as written: ``Logbook entries for setting gear, including
vessel information, gear specifications, set date/time/location, must
be completed within 2 hours of setting gear'' have led to enforcement
challenges because some fishermen have interpreted the regulations to
mean that they are only required to record information once all of
their gear is deployed (i.e., if they set a portion of their gear on
one day, and the rest of their gear the next day, they interpret that
to mean the 2-hour requirement starts after the last piece of gear is
set). Amending these regulations will clarify that the 2-hour and 4-
hour requirements for setting and retrieving gear apply to each
individual set. Second, at Sec. 660.13(a)(3)(ii)(A) and (B), NMFS is
[[Page 70427]]
proposing to clarify that all logbook information, whether recorded
inside or outside of the electronic application, must be available at-
sea for review by an enforcement officer. The regulations as written:
``Information recorded outside of the logbook entry must be available
for review at-sea by authorized law enforcement personnel upon
request'' have led to enforcement challenges because some fishermen
have interpreted the regulations to mean they are only required to show
enforcement officers logbook data that they have recorded outside of
the electronic application. Amending these regulations will clarify
that all logbook data, whether recorded in the electronic application
or by some other method, must be available for review by an enforcement
officer. Last, NMFS proposes to remove the paragraph at Sec.
660.13(a)(4), as the non-trawl paper logbook provision will expire at
the end of 2024 and this regulation will no longer be relevant starting
in 2025.
At Sec. 660.55(i)(2), NMFS proposes to clarify that at-sea set-
asides are described in the biennial specifications process and not
``in Tables 1D and 2D of this subpart'' as currently stated.
At Sec. 660.60(c)(1)(i), NMFS proposes to remove the cross
reference to ``(c)(1)(i)(A) and (B) of this section'' as those
references no longer exist.
At Sec. 660.60(g) and Sec. 660.65, NMFS proposes to clarify
language about how catch of groundfish species in state waters is
accounted for under Federal harvest specifications.
At Sec. 660.140(g), NMFS proposes to add a sentence clarifying
that IFQ species with discard mortality rates (DMRs) should be
appropriately accounted for when deducting discard amounts from quota
pounds (QP) in vessel accounts. As currently written, the regulations
state that discarded species must be accounted for and deducted from QP
in vessels accounts, but it does not state that the species with
reduced discard amounts because of DMRs should be accounted for when
deducting discard amounts from QP in vessels accounts. Revising this
regulation would clarify that IFQ species with DMRs should also be
accounted for when deducting discard amounts from QP in vessel
accounts.
At Sec. 660.230 and Sec. 660.330(b), NMFS is proposing to remove
the 25-hook maximum limit on each mainline. As written, the regulations
preclude fishermen from adjusting the number of hooks on mainlines if
they are using fewer than four mainlines. For example, if a fisherman
chooses to only have two mainlines in the water, then the intent of the
regulations is to allow a maximum of 50 hooks on each mainline.
However, as written, the fisherman would still only be able to use 25
hooks per mainline. The gear specifications require that no more than
100 hooks may be in the water, therefore, removing the 25-hook maximum
will not change the intent of the regulations.
At Sec. 660.231, NMFS is proposing to revise the paragraph at
(b)(3)(iv) to improve readability. The purpose of these revisions is to
make the regulatory text less confusing for fishermen and enforcement
to interpret. No substantive changes to this regulation are being
proposed.
IV. Classification
Pursuant to Sec. 304(b)(1)(A) and 305(d) of the MSA, the NMFS
Assistant Administrator has determined that this proposed rule is
consistent with the PCGFMP, other provisions of the MSA, and other
applicable law, subject to further consideration after public comment.
In making its final determination, NMFS will take into account the
complete record, including the data, views, and comments received
during the comment period.
Pursuant to Executive Order 13175, this proposed rule was developed
after meaningful consultation and collaboration with Tribal officials
from the area covered by the PCGFMP. Under the MSA at 16 U.S.C.
1852(b)(5), one of the voting members of the Council must be a
representative of an Indian Tribe with federally recognized fishing
rights from the area of the Council's jurisdiction. In addition,
regulations implementing the PCGFMP establish a procedure by which the
Tribes with treaty fishing rights in the area covered by the PCGFMP
request new allocations or regulations specific to the Tribes, in
writing, before the first of the two meetings at which the Council
considers groundfish management measures. The regulations at 50 CFR
660.50 further direct NMFS to develop Tribal allocations and
regulations in consultation with the affected Tribes. The Tribal
management measures in this proposed rule have been developed following
these procedures. The Tribal representative on the Council made a
motion to adopt the non-whiting Tribal management measures, which was
passed by the Council. Those management measures, which were developed
and proposed by the Tribes, are included in this proposed rule.
This proposed rule has been determined to be not significant for
purposes of Executive Order 12866.
NMFS prepared an Analysis for this action, which addresses the
statutory requirements of the MSA, Presidential Executive Order 12866,
and the RFA. The full suite of alternatives analyzed by the Council can
be found on the Council's website at www.pcouncil.org. NMFS addressed
the statutory requirements of the NEPA through preparation of an EA,
which is included in the Analysis. This action announces a public
comment period on the draft EA (see ADDRESSES).
The Chief Counsel for Regulation of the Department of Commerce
certified to the Chief Counsel for Advocacy of the Small Business
Administration that this proposed rule, if adopted, would not have a
significant economic impact on a substantial number of small entities.
The following small entities may be affected by this action: (1) an
estimated 6 businesses primarily engaged in seafood product preparation
and packaging and employing 750 or fewer persons; (2) an estimated
1,019 commercial fishing businesses with less than $11 million in
annual gross receipts; (3) an estimated 357 charter fishing boats all
of which are assumed to have annual receipts of less than $7.5 million
and are therefore considered to be small businesses; (4) one
governmental jurisdiction, with a population of less than 50,000
persons, and therefore considered small;(5) an estimated five not-for-
profit organizations with combined annual receipts of less than $7.5
million; and (5) an estimated eight small trust, estates, and agency
accounts with annual receipts of less than $32.5 million.
The purpose of this proposed rule is to conserve Pacific Coast
groundfish stocks by preventing overfishing, while still allowing
harvest opportunity among the various fishery sectors. This will be
accomplished by implementing the 2025-26 biennial specifications in the
U.S. EEZ off the West Coast. The harvest specifications affect large
and small entities similarly, and for this biennium, the catch limit
for sablefish (one of the most profitable stocks) is increasing,
providing benefit to all participants. Additionally, this proposed rule
contains new management measures that are likely to benefit vessels.
Specifically, re-combining area-specific allocations for shortspine
thornyhead is expected to relieve economic loss and provide additional
fishing opportunity for non-trawl vessels north of 34[deg]27' N lat.
The recreational sector may benefit from the proposed new management
measure to require descending devices on board fishing vessel. Use of
descending devices is known to reduce discard mortality, which may lead
to potential
[[Page 70428]]
increases in opportunity. Although the continuation of restrictive
management measures to reduce California quillback rockfish mortality
from the 2023-24 biennium are proposed for continuation in the 2025-26
biennium, the Council is proposing a rebuilding plan strategy (i.e.,
ABC Rule) that yields a slower rebuilding timeline than the strategy
with the fastest rebuilding timeline (i.e., F=0) in order to provide
some fishing opportunity for co-occurring species. This is expected to
sustain fishing communities during the rebuilding timeframe that would
otherwise not be possible under the complete fishery closures that
would be necessary under F=0. Based on the rationale above and
contained in the Analysis (see ADDRESSES), NMFS has concluded that this
proposed action would not have a significant economic impact on a
substantial number of small entities. As a result, an initial
regulatory flexibility analysis is not required and none has been
prepared.
This proposed rule contains a collection-of-information requirement
subject to review and approval by the Office of Management and Budget
under the PRA. This proposed rule revises existing requirements for
information collection 0648-0203, Northwest Region Federal Fisheries
Permits. The main change to this collection is the addition of a new
directed groundfish open access fishery permit. The addition of this
permit will increase the number of respondents for this collection by
400 respondents. The public reporting burden for the directed
groundfish open access permit is estimated to average 20 minutes per
respondent, including the time for reviewing instructions, searching
existing data sources, gathering and maintaining the data needed, and
completing and reviewing the collection of information. This results in
an additional 133 hours for the time burden for this collection (1,953
hours to 2,086 hours). The additional permit will also result in
additional labor costs of $2,226.67 and $40,000 in miscellaneous costs
to the public.
NMFS seeks public comment regarding whether this proposed
collection of information is necessary for the proper performance of
the functions of the agency, including whether the information shall
have practical utility. NMFS also seeks public comment regarding the
accuracy of the burden estimate, ways to enhance the quality, utility,
and clarity of the information to be collected, and ways to minimize
the burden of the collection of information, including through the use
of automated collection techniques or other forms of information
technology. Submit comments on these or any other aspects of the
collection of information at www.reginfo.gov/public/do/PRAMain. Find
this particular information collection by selecting ``Currently under
review'' or by using the search function and entering the title of the
collection or the OMB Control Number.
Notwithstanding any other provision of the law, no person is
required to respond to, nor shall any person be subject to a penalty
for failure to comply with, a collection of information subject to the
requirements of the PRA, unless that collection of information displays
a currently valid OMB Control Number.
List of Subjects in 50 CFR Part 660
Fisheries, Fishing, Reporting and recordkeeping requirements.
Dated: August 2, 2024.
Samuel D. Rauch, III,
Deputy Assistant Administrator for Regulatory Programs, National Marine
Fisheries Service.
For the reasons set out in the preamble, NMFS proposes to amend 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. Amend part 660 by:
0
a. Removing the word ``non-coop'' and adding in its place the word
``non-cooperative'' wherever it appears;
0
b. Removing the word ``coop's'' and adding in its place the word
``cooperative's'' wherever it appears;
0
c. Removing the name ``nontrawl RCA'' and adding in its place the name
``Non-Trawl RCA'' wherever it appears; and
0
d. Removing the word ``nontrawl'' and adding in its place the word
``non-trawl'' wherever it appears.
0
3. Amend Sec. 660.5 by revising paragraph (a)(3) to read as follows:
Sec. 660.5 Shared Ecosystem Component Species.
(a) * * *
(3) Pacific sand lance (Ammodytes personatus)
* * * * *
0
4. Amend Sec. 660.11:
0
a. In the definition of ``Conservation areas(s)'' by removing paragraph
(1)(v); redesignating paragraphs (1)(vi), (vii), and (viii) as
paragraphs (1)(v), (vi), and (vii); and revising newly redesignated
paragraphs (1)(vi)(A) and (B);
0
b. By removing the definition of ``Grandfathered or first generation'';
0
c. In the definition of ``Groundfish'' by revising paragraphs (1) and
(7); and
0
d. In the definition of ``Open access fishery'' by revising paragraph
(1) and adding paragraph (2).
The revisions and addition read as follows:
Sec. 660.11 General definitions.
* * * * *
Conservation area(s) * * *
(1) * * *
(vi) * * *
(A) Trawl (Limited Entry and Open Access Non-groundfish Trawl
Gears) RCAs. The Trawl RCAs are intended to protect a complex of
species, such as overfished shelf rockfish species, and have boundaries
defined by specific latitude and longitude coordinates approximating
depth contours. Boundaries for the limited entry Trawl RCA throughout
the year are provided in table 1a (North) subpart D of this part.
Boundaries for the open access non-groundfish Trawl RCA throughout the
year are provided in Sec. 660.333(e). Boundaries of the Trawl RCAs may
be modified by NMFS inseason pursuant to Sec. 660.60(c).
(B) Non-Trawl (Limited Entry Fixed Gear and Open Access Non-trawl
Gears) RCAs. Non-Trawl RCAs are intended to protect a complex of
species, such as overfished shelf rockfish species, and have boundaries
defined by specific latitude and longitude coordinates approximating
depth contours. Boundaries for the Non-Trawl RCA throughout the year
are provided in tables 2a (North) and 2a (South) of subpart E of this
part and tables 3a (North) and 3a (South) of subpart F of this part and
may be modified by NMFS inseason pursuant to Sec. 660.60(c).
* * * * *
Groundfish * * *
(1) Sharks: Leopard shark, Triakis semifasciata; soupfin shark,
Galeorhinus zyopterus; Pacific spiny dogfish, Squalus suckleyi.
* * * * *
(7) Rockfish: ``Rockfish'' in the PCGFMP include all genera and
species of the family Scorpaenidae that occur off Washington, Oregon,
and California, even if not listed below, including longspine
thornyhead, Sebastolobus altivelis, and shortspine thornyhead, S.
alascanus. Where species below are listed both in a geographic category
(nearshore, shelf, slope) and as an area-specific listing (north or
south of 40[deg]10' N lat.) those species are managed within a complex
in that area-specific listing.
(i) Nearshore rockfish includes black rockfish, Sebastes melanops
(off Washington and California) and the
[[Page 70429]]
following nearshore rockfish species managed in complexes:
(A) Nearshore Rockfish Complex North of 46[deg]16' N lat.
(Washington): Black and yellow rockfish, S. chrysomelas; blue rockfish,
S. mystinus; brown rockfish, S. auriculatus; calico rockfish, S. dalli;
China rockfish, S. nebulosus; copper rockfish, S. caurinus; deacon
rockfish, S. diaconus, gopher rockfish, S. carnatus; grass rockfish, S.
rastrelliger; kelp rockfish, S. atrovirens; olive rockfish, S.
serranoides; quillback rockfish, S. maliger; treefish, S. serriceps.
(B) Nearshore Rockfish Complex between 46[deg]16' N lat. and
42[deg] N lat. (Oregon): Black and yellow rockfish, S. chrysomelas;
brown rockfish, S. auriculatus; calico rockfish, S. dalli; China
rockfish, S. nebulosus; copper rockfish, S. caurinus; gopher rockfish,
S. carnatus; grass rockfish, S. rastrelliger; kelp rockfish, S.
atrovirens; olive rockfish, S. serranoides; quillback rockfish, S.
maliger; treefish, S. serriceps.
(C) Black/blue/deacon Rockfish Complex between 46[deg]16' N lat.
and 42[deg] N lat. (Oregon): Black rockfish, S. melanops, blue
rockfish, S. mystinus, and deacon rockfish, S. diaconus.
(D) Nearshore Rockfish Complex between 42[deg] N lat. and
40[deg]10' N lat. (northern California): Black and yellow rockfish, S.
chrysomelas; blue rockfish, S. mystinus; brown rockfish, S.
auriculatus; calico rockfish, S. dalli; China rockfish, S. nebulosus;
copper rockfish, S. caurinus; deacon rockfish, S. diaconus, gopher
rockfish, S. carnatus; grass rockfish, S. rastrelliger; kelp rockfish,
S. atrovirens; olive rockfish, S. serranoides; treefish, S. serriceps.
(E) Nearshore Rockfish Complex South of 40[deg]10' N lat. (Southern
California): Nearshore rockfish are divided into three management
categories:
(1) Shallow nearshore rockfish consists of black and yellow
rockfish, S. chrysomelas; China rockfish, S. nebulosus; gopher
rockfish, S. carnatus; grass rockfish, S. rastrelliger; kelp rockfish,
S. atrovirens.
(2) Deeper nearshore rockfish consists of black rockfish, S.
melanops; blue rockfish, S. mystinus; brown rockfish, S. auriculatus;
calico rockfish, S. dalli; copper rockfish, S. caurinus; deacon
rockfish, S. diaconus; olive rockfish, S. serranoides; treefish, S.
serriceps.
(3) California scorpionfish, Scorpaena guttata.
(ii) Shelf rockfish includes bocaccio, Sebastes paucispinis; canary
rockfish, S. pinniger; chilipepper, S. goodei; cowcod, S. levis;
shortbelly rockfish, S. jordani; widow rockfish, S. entomelas;
yelloweye rockfish, S. ruberrimus; yellowtail rockfish, S. flavidus and
the following shelf rockfish species managed in complexes:
(A) Shelf Rockfish Complex North of 40[deg]10' N lat.:
Bronzespotted rockfish, S. gilli; bocaccio, S. paucispinis; chameleon
rockfish, S. phillipsi; chilipepper, S. goodei; cowcod, S. levis; dusky
rockfish, S. ciliatus; dwarf-red rockfish, S. rufianus; flag rockfish,
S. rubrivinctus; freckled rockfish, S. lentiginosus; greenblotched
rockfish, S. rosenblatti; greenspotted rockfish, S. chlorostictus;
greenstriped rockfish, S. elongatus; halfbanded rockfish, S.
semicinctus; harlequin rockfish, S. variegatus; honeycomb rockfish, S.
umbrosus; Mexican rockfish, S. macdonaldi; pink rockfish, S. eos;
pinkrose rockfish, S. simulator; pygmy rockfish, S. wilsoni; redstripe
rockfish, S. proriger; rosethorn rockfish, S. helvomaculatus; rosy
rockfish, S. rosaceus; silvergray rockfish, S. brevispinis; speckled
rockfish, S. ovalis; squarespot rockfish, S. hopkinsi; starry rockfish,
S. constellatus; stripetail rockfish, S. saxicola; sunset rockfish, S.
crocotulus; swordspine rockfish, S. ensifer; tiger rockfish, S.
nigrocinctus; vermilion rockfish, S. miniatus.
(B) Shelf Rockfish Complex South of 40[deg]10' N lat.:
Bronzespotted rockfish, S. gilli; chameleon rockfish, S. phillipsi;
dusky rockfish, S. ciliatus; dwarf-red rockfish, S. rufianus; flag
rockfish, S. rubrivinctus; freckled rockfish, S. lentiginosus;
greenblotched rockfish, S. rosenblatti; greenspotted rockfish, S.
chlorostictus; greenstriped rockfish, S. elongatus; halfbanded
rockfish, S. semicinctus; harlequin rockfish, S. variegatus; honeycomb
rockfish, S. umbrosus; Mexican rockfish, S. macdonaldi; pink rockfish,
S. eos; pinkrose rockfish, S. simulator; pygmy rockfish, S. wilsoni;
redstripe rockfish, S. proriger; rosethorn rockfish, S. helvomaculatus;
rosy rockfish, S. rosaceus; silvergray rockfish, S. brevispinis;
speckled rockfish, S. ovalis; squarespot rockfish, S. hopkinsi; starry
rockfish, S. constellatus; stripetail rockfish, S. saxicola; sunset
rockfish, S. crocotulus; swordspine rockfish, S. ensifer; tiger
rockfish, S. nigrocinctus; vermilion rockfish, S. miniatus; yellowtail
rockfish, S. flavidus.
(iii) Slope rockfish includes darkblotched rockfish, Sebastes
crameri; Pacific ocean perch, S. alutus; splitnose rockfish, S.
diploproa; and the following slope rockfish species managed in
complexes:
(A) Slope Rockfish Complex North of 40[deg]10' N lat.: Aurora
rockfish, S. aurora; bank rockfish, S. rufus; blackgill rockfish, S.
melanostomus; blackspotted rockfish, S. melanostictus; redbanded
rockfish, S. babcocki; rougheye rockfish, S. aleutianus; sharpchin
rockfish, S. zacentrus; shortraker rockfish, S. borealis; splitnose
rockfish, S. diploproa; yellowmouth rockfish, S. reedi.
(B) Slope Rockfish Complex South of 40[deg]10' N lat.: Aurora
rockfish, S. aurora; bank rockfish, S. rufus; blackgill rockfish, S.
melanostomus; blackspotted rockfish, S. melanostictus; Pacific ocean
perch, S. alutus; redbanded rockfish, S. babcocki; rougheye rockfish,
S. aleutianus; sharpchin rockfish, S. zacentrus; shortraker rockfish,
S. borealis; yellowmouth rockfish, S. reedi.
* * * * *
Open access fishery * * *
(1) Directed open access fishery means that a fishing vessel is
target fishing (defined at Sec. 660.11) for groundfish and is only
declared into a directed open access groundfish gear type or sector as
defined in Sec. 660.13(d)(4)(iv)(A). In addition to the requirements
in subpart F of this part, fishing vessels participating in the
directed open access fishery must be registered to a directed open
access permit described at Sec. 660.25(i) and are also subject to the
non-trawl logbook requirement at Sec. 660.13(a)(3).
(2) Incidental open access fishery means that a fishing vessel is
retaining groundfish incidentally to a non-groundfish target species
(see ``Incidental catch or incidental species'').
* * * * *
0
5. Amend Sec. 660.12 by adding paragraph (a)(22) to read as follows:
Sec. 660.12 General groundfish prohibitions.
* * * * *
(a) * * *
(22) Take and retain, possess, or land groundfish in the directed
open access fishery without having a valid directed open access permit
for the vessel.
* * * * *
0
6. Amend Sec. 660.13 by:
0
a. Revising paragraphs (a)(2)(ii) and (a)(3)(ii)(A) and (B);
0
b. Removing paragraph (a)(4); and
0
c. Revising paragraphs (d)(3), (d)(4)(iv) introductory text, and
(d)(4)(iv)(A)(21), (23), and (27) through (29).
The revisions read as follows:
Sec. 660.13 Recordkeeping and reporting.
* * * * *
(a) * * *
(2) * * *
(ii) The limited entry fixed gear trip limit fisheries subject to
the trip limits in tables 2b (North) and 2b (South) to
[[Page 70430]]
subpart E of this part, and primary sablefish fisheries, as defined at
Sec. 660.211; and
* * * * *
(3) * * *
(ii) * * *
(A) Setting gear. Logbook entries for setting gear, including
vessel information, gear specifications, set date/time/location, must
be completed within 2 hours of setting each piece of string or gear.
The authorized representative of each vessel may record or document
this information in a format outside of the electronic logbook
application (e.g., waterproof paper). All logbook information whether
recorded inside or outside of the electronic application must be
available for immediate review by at-sea authorized law enforcement
personnel.
(B) Retrieving gear. Logbook entries for retrieving gear, including
date/time recovered and catch/discard information, must be completed
within 4 hours of retrieving each piece of string or gear. The
authorized representative of each vessel may record or document this
information in a format outside of the electronic logbook application
(e.g., waterproof paper). All logbook information whether recorded
inside or outside of the electronic application must be available for
immediate review by at-sea authorized law enforcement personnel.
* * * * *
(d) * * *
(3) Declaration reports for open access vessels using non-trawl
gear (all types of open access gear other than non-groundfish trawl
gear). The operator of any vessel that is not registered to a limited
entry permit or is registered to a directed open access permit, must
provide NMFS with a declaration report, as specified at paragraph
(d)(4)(iv) of this section, before the vessel leaves port on a trip in
which the vessel is used to take and retain or possess groundfish in
the EEZ or land groundfish taken in the EEZ.
(4) * * *
(iv) Declaration reports will include: The vessel name and/or
identification number, gear type, and monitoring type where applicable,
(as defined in paragraph (d)(4)(iv)(A) of this section). Upon receipt
of a declaration report, NMFS will provide a confirmation code or
receipt to confirm that a valid declaration report was received for the
vessel. Retention of the confirmation code or receipt to verify that a
valid declaration report was filed and the declaration requirement was
met is the responsibility of the vessel owner or operator. Vessels
using non-trawl gear may declare more than one gear type, with the
exception of vessels participating in the Shorebased IFQ Program (i.e.,
gear switching) and those vessels declaring to fish inside the Non-
Trawl RCA with non-bottom contact stationary vertical jig gear or
groundfish troll gear (i.e., if one of these declarations is used, no
other declaration may be made on that fishing trip). For the purpose of
the directed open access permit defined at Sec. 660.65, declaration
codes for the directed open access fishery include codes 33 through 37.
Vessels using trawl gear may only declare one of the trawl gear types
listed in paragraph (d)(4)(iv)(A) of this section on any trip and may
not declare non-trawl gear on the same trip in which trawl gear is
declared.
(A) * * *
(21) Directed open access bottom contact hook-and-line gear for
groundfish (e.g., bottom longline, commercial vertical hook-and-line,
rod and reel, dinglebar) (declaration code 33);
* * * * *
(23) Directed open access groundfish trap or pot gear (declaration
code 34);
* * * * *
(27) Directed open access non-bottom contact hook and line gear for
groundfish (e.g., troll, jig gear, rod & reel gear) (outside the Non-
Trawl RCA only) (declaration code 35);
(28) Directed open access non-bottom contact stationary vertical
jig gear (allowed inside or outside the Non-Trawl RCA) (declaration
code 36);
(29) Directed open access non-bottom contact troll gear (allowed
inside or outside the Non-Trawl RCA) (declaration code 37);
* * * * *
0
7. Amend Sec. 660.14 by revising paragraph (d)(4)(iii) to read as
follows:
* * * * *
(d) * * *
(4) * * *
(iii) Permit exemption. If the limited entry permit had a change in
vessel registration so that it is no longer registered to the vessel
(for the purposes of this section, this includes permits placed into
``unidentified'' status), the vessel may be exempted from VMS
requirements providing the vessel is not used in a fishery requiring
VMS off the States of Washington, Oregon, or California (0-200 nm (5.6-
370.4 km) offshore) for the remainder of the fishing year.
* * * * *
0
8. Amend Sec. 660.25 by adding paragraph (i) to read as follows:
Sec. 660.25 Permits.
* * * * *
(i) Directed open access permit--(1) Permit information. This
section applies to vessels that take and retain, possess, or land
groundfish in the West Coast groundfish directed open access fishery,
as defined in Sec. 660.11 under ``Open Access Fishery''. No person
shall take and retain, possess, or land groundfish as part of the
directed open access fishery, unless the SFD has issued a permit valid
for the groundfish directed open access fishery.
(i) Validity. The following section applies to vessel for permits
under this paragraph (i):
(A) A permit issued under this paragraph (i) is valid only for the
vessel for which it is registered.
(B) A permit issued under this paragraph (i) not registered for use
with a particular vessel is not valid.
(C) Only a person eligible to own a documented vessel under the
terms of 46 U.S.C. 12103 may be issued or may hold a directed open
access vessel permit.
(D) No individual may alter, erase, mutilate, or forge any permit
or document issued under this section. Any such permit or document that
is intentionally altered, erased, mutilated, or forged is invalid.
(ii) Transferability. Permits are not transferable. A permit issued
under this paragraph (i) is valid only for the vessel for which it is
registered. A change in ownership, documentation, or name of the
registered vessel, or transfer of the ownership of the registered
vessel will render the permit invalid.
(A) A vessel owner must contact SFD if the vessel for which the
permit is issued is sold, ownership of the vessel is transferred, the
vessel is renamed, or any other reason for which the documentation of
the vessel is changed as the change may invalidate the current permit.
(B) In the case where a permit is invalidated due to a change in
documentation, a new permit application is required. To submit a new
application, please complete the process outlined below in paragraph
(i)(2) of this section.
(iii) Civil Procedures. SFD may suspend, revoke, or modify any
permit issued under this section under policies and procedures in title
15 CFR part 904, or other applicable regulations in this chapter.
(2) Applications. A vessel owner who wants to engage in the West
Coast groundfish directed open access fishery, as defined in section
Sec. 660.11, must apply for the directed open access
[[Page 70431]]
permit using the application form in paragraph (i)(2)(i) of this
section.
(i) Application form. To apply for a directed open access permit,
an individual must submit a complete permit application to the SFD West
Coast Region through the NOAA Fisheries Pacific Coast Groundfish and
Halibut Portal--Log In web page at https://www.webapps.nwfsc.noaa.gov/apex/ifq/f?p=120:LOGIN_DESKTOP.
(ii) Required documentation. A complete application consists of:
(A) An application form that contains valid responses for all
required data fields, information, and signatures.
(B) A copy of the current (not expired) U.S. Coast Guard
Documentation Form or state registration form for the vessel.
(C) Payment of required fees as required at paragraph (f) of this
section.
(D) Additional documentation SFD may require as it deems necessary
to make a determination on the application.
(iii) Application review, approval or denial, and appeals--(A)
Application review. Applications for groundfish directed open access
permits issued under this paragraph (i) must be received a minimum of
15 days before intending to participate in the fishery to allow for
processing time.
(B) Approved application. SFD shall issue a vessel permit upon
receipt of a completed permit application, including all required
information listed in paragraph (i)(2)(ii) of this section, submitted
through the Pacific Coast Groundfish and Halibut Portal, and a cleared
sanctions check.
(C) Denied application. If the application is denied, SFD will
issue an initial administrative decision (IAD) that will explain the
denial in writing. SFD may decline to act on a permit application that
is incomplete, or if the vessel or vessel owner is subject to sanction
provisions of the Magnuson-Stevens Act at 16 U.S.C. 1858(a) and
implementing regulations at 15 CFR part 904, subpart D.
(D) Appeals. In cases where the applicant disagrees with SFD's
decision on a permit application, the applicant may file an appeal
following the procedures described at paragraph (g) of this section.
(iv) Issuance. Upon review and approval of a directed open access
permit application, SFD will issue a permit under this paragraph (i)
electronically to the permit owner.
(A) Duration. A permit issued under this paragraph (i) is valid
until the first date of renewal. The date of renewal will be the last
day of the vessel owner's birth month, following the year after the
permit is issued (e.g., if the birth month is March and the permit is
issued on October 3, 2024, the permit will remain valid through March
31, 2025). The permit owner is responsible for renewing their directed
open access permit. Any permit not renewed by the renewal date will
expire and is no longer valid.
(B) Display. A copy (electronic or paper) of the permit issued
under this subpart must be available for inspection by an authorized
officer when the vessel is operating in the groundfish open access
fishery, defined at Sec. 660.11.
0
9. Amend Sec. 660.40 by adding paragraph (b) to read as follows:
Sec. 660.40 Rebuilding Plans.
* * * * *
(b) Quillback rockfish off California. Quillback rockfish off
California was declared overfished in 2023. The target year for
rebuilding the California quillback rockfish stock to BMSY
is 2060. The harvest control rule to be used to rebuild the quillback
rockfish stock off California is the ABC Rule (P* 0.45).
0
10. Amend Sec. 660.50 by revising paragraphs (f) and (g) to read as
follows:
Sec. 660.50 Pacific Coast treaty Indian fisheries.
* * * * *
(f) Pacific Coast treaty Indian fisheries allocations, harvest
guidelines, and set-asides. Trip limits for certain species were
recommended by the Tribes and the Council and are specified in
paragraph (g) of this section.
(1) Arrowtooth flounder. The Tribal harvest guideline is 2,041 mt
per year.
(2) Big skate. The Tribal harvest guideline is 15 mt per year.
(3) Black rockfish off Washington. (i) Harvest guidelines for
commercial harvests of black rockfish by members of the Pacific Coast
Indian Tribes using hook-and-line gear will be established biennially
for two subsequent 1-year periods for the areas between the U.S.-
Canadian border and Cape Alava (48[deg]09.50' N lat.) and between
Destruction Island (47[deg]40' N lat.) and Leadbetter Point
(46[deg]38.17' N lat.), in accordance with the procedures for
implementing harvest specifications and management measures. Pacific
Coast treaty Indians fishing for black rockfish in these areas under
these harvest guidelines are subject to the provisions in this section,
and not to the restrictions in subparts C through G of this part.
(ii) For the commercial harvest of black rockfish off Washington
State, a treaty Indian Tribes' harvest guideline is set at 30,000 lb
(13,608 kg) for the area north of Cape Alava, WA (48[deg]09.50' N lat.)
and 10,000 lb (4,536 kg) for the area between Destruction Island, WA
(47[deg]40' N lat.) and Leadbetter Point, WA (46[deg]38.17' N lat.).
This harvest guideline applies and is available to the Pacific Coast
treaty Indian Tribes. There are no Tribal harvest restrictions for
black rockfish in the area between Cape Alava and Destruction Island.
(4) Canary rockfish. The Tribal harvest guideline is 50 mt per
year.
(5) Darkblotched rockfish. The Tribal harvest guideline is 5 mt per
year.
(6) Dover sole. The Tribal harvest guideline is 1,497 mt per year.
(7) English sole. The Tribal harvest guideline is 200 mt per year.
(8) Lingcod. The Tribal harvest guideline is 250 mt per year.
(9) Longnose skate. The Tribal harvest guideline is 220 mt per
year.
(10) Minor nearshore rockfish. The Tribal harvest guideline is 1.5
mt per year.
(11) Minor shelf rockfish. The Tribal harvest guideline is 30 mt
per year.
(12) Minor slope rockfish. The Tribal harvest guideline is 36 mt
per year.
(13) Other flatfish. The Tribal harvest guideline is 60 mt per
year.
(14) Pacific cod. The Tribal harvest guideline is 500 mt per year.
(15) Pacific ocean perch. The Tribal harvest guideline is 130 mt
per year.
(16) Pacific spiny dogfish. The Tribal harvest guideline is 275 mt
per year.
(17) Pacific whiting. The Tribal whiting allocation will be
announced annually in conjunction with the Total Allowable Catch (TAC)
setting process of the Whiting Act.
(18) Petrale sole. The harvest guideline is 290 mt per year.
(19) Sablefish. (i) The sablefish allocation to Pacific coast
treaty Indian Tribes is 10 percent of the sablefish ACL for the area
north of 36[deg]N lat. This allocation represents the total amount
available to the treaty Indian fisheries before deductions for discard
mortality.
(ii) The Tribal allocation is 2,869 mt in 2025 and 2,724 mt in
2026. This allocation is, for each year, 10 percent of the Monterey
through Vancouver area (North of 36[deg]N lat.) ACL, including
estimated discard mortality.
(20) Starry flounder. The Tribal harvest guideline is 2 mt per
year.
(21) Thornyheads. The Tribal harvest guideline for shortspine
thornyhead is 50 mt per year and the Tribal harvest guideline for
longspine thornyhead is 30 mt per year.
(22) Washington cabezon/kelp greenling. The Tribal harvest
guideline is 2 mt per year.
(23) Widow rockfish. Widow rockfish taken in the directed Tribal
midwater trawl fisheries are subject to a catch limit of 200 mt for the
entire fleet, per year.
[[Page 70432]]
(24) Yelloweye rockfish. The Tribal harvest guideline is 8 mt per
year.
(25) Yellowtail rockfish. Yellowtail rockfish taken in the directed
Tribal mid-water trawl fisheries are subject to a catch limit of 1,000
mt for the entire fleet, per year.
(g) Pacific coast treaty Indian fisheries management measures. Trip
limits for certain species were recommended by the Tribes and the
Council and are specified here.
(1) Rockfish. The Tribes will require full retention of all
overfished rockfish species and all other marketable rockfish species
during treaty fisheries.
(2) Yelloweye rockfish. Subject to a 200-lb (90-kg) trip limit.
(3) Pacific whiting. Tribal whiting processed at-sea by non-Tribal
vessels, must be transferred within the Tribal U&A from a member of a
Pacific Coast treaty Indian Tribe fishing under this section.
(4) Groundfish without a Tribal allocation. Makah Tribal members
may use midwater trawl gear to take and retain groundfish for which
there is no Tribal allocation and will be subject to the trip landing
and frequency and size limits applicable to the limited entry fishery.
(5) EFH. Measures implemented to minimize adverse impacts to
groundfish EFH, as described in Sec. 660.12, do not apply to Tribal
fisheries in their U&A fishing areas described at Sec. 660.4, subpart
A.
(6) Small footrope trawl gear. Makah Tribal members fishing in the
bottom trawl fishery may use only small footrope (less than or equal to
8 inches (20.3 cm)) bottom trawl gear.
* * * * *
0
11. Amend Sec. 660.55 by revising table 1 to paragraph (c)(1) and
paragraph (i)(2) to read as follows:
Sec. 660.55 Allocations.
* * * * *
(c) * * *
(1) * * *
Table 1 to Paragraph (c)(1)--Allocation Amounts and Percentages for
Limited Entry Trawl and Non-Trawl Sectors Specified for FMP Groundfish
Stocks and Stock Complexes
------------------------------------------------------------------------
All non-treaty All non-treaty
Stock or complex LE trawl non-trawl
sectors (%) sectors (%)
------------------------------------------------------------------------
Arrowtooth Flounder..................... 95 5
Chilipepper Rockfish S of 40[deg]10' N 75 25
lat....................................
Darkblotched Rockfish................... 95 5
Dover Sole.............................. 95 5
English Sole............................ 95 5
Lingcod N of 40[deg]10' N lat........... 45 55
Longspine Thornyhead N of 34[deg]27' N 95 5
lat....................................
Pacific Cod............................. 95 5
Pacific Ocean Perch..................... 95 5
Sablefish S of 36[deg] N lat............ 42 58
Splitnose Rockfish S. of 40[deg]10' N 95 5
lat....................................
Starry Flounder......................... 50 50
Yellowtail Rockfish N of 40[deg]10' N 88 12
lat....................................
Minor Slope Rockfish North of 40[deg]10' 81 19
N lat..................................
Other Flatfish.......................... 90 10
------------------------------------------------------------------------
* * * * *
(i) * * *
(2) The fishery harvest guideline for Pacific whiting is allocated
among three sectors, as follows: 34 percent for the C/P Co-op Program;
24 percent for the MS Co-op 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.
Specific sector allocations for a given calendar year are found in
tables 1a through c and 2a through c of this subpart. Set-asides for
other species for the at-sea whiting fishery for a given calendar year
are established through the biennial specifications process.
* * * * *
0
12. Amend Sec. 660.60 by revising paragraphs (b)(1), (c) introductory
text, (c)(1)(i), (g), (h)(1), (h)(7)(i)(D), and (h)(7)(ii)(A)(2) to
read as follows:
Sec. 660.60 Specifications and management measures.
* * * * *
(b) * * *
(1) Except for Pacific whiting, every biennium, NMFS will implement
OFLs, ABCs, and ACLs, if applicable, for each species or species group
based on the harvest controls used in the previous biennium (referred
to as default harvest control rules) applied to the best available
scientific information. The default harvest control rules for each
species or species group are listed in the biennial SAFE document. NMFS
may implement OFLs, ABCs, and ACLs, if applicable, that vary from the
default harvest control rules based on a Council recommendation.
* * * * *
(c) Routine management measures. Catch restrictions that are likely
to be adjusted on a biennial, or more frequent, basis may be imposed
and announced by a single notification in the Federal Register, if good
cause exists under the Administrative Procedure Act (APA) to waive
notice and comment, and if they have been designated as routine through
the two-meeting process described in the PCGFMP. Routine management
measures that may be revised during the fishing year, via this process,
are implemented in paragraph (h) of this section, and in subparts C
through G of this part, including tables 1a through 1c, and 2a through
2c to subpart C of this part, tables 1a and 1b (North) and tables 1a
and 1b (South) of subpart D of this part, tables 2a and 2b (North) and
tables 2a and 2b (South) of subpart E of this part, and tables 3a and
3b (North) and tables 3a and 3b (South) of subpart F of this part. Most
trip, bag, and size limits, and some Groundfish Conservation Area
closures in the groundfish fishery have been designated ``routine,''
which means they may be changed rapidly after a single Council meeting.
Council meetings are held in the months of March, April, June,
September, and November. Inseason changes to routine management
measures are announced in the Federal Register pursuant to the
[[Page 70433]]
requirements of the APA. Changes to trip limits are effective at the
times stated in the Federal Register. Once a trip limit change is
effective, it is illegal to take and retain, possess, or land more fish
than allowed under the new trip limit. This means that, unless
otherwise announced in the Federal Register, offloading must begin
before the time a fishery closes or a more restrictive trip limit takes
effect. The following catch restrictions have been designated as
routine:
(1) * * *
(i) Trip landing and frequency limits, size limits, all gear. Trip
landing and frequency limits have been designated as routine for the
following species or species groups: Widow rockfish, canary rockfish,
yellowtail rockfish, Pacific ocean perch, yelloweye rockfish, black
rockfish, blue/deacon rockfish, splitnose rockfish, blackgill rockfish
in the area south of 40[deg]10' N lat., chilipepper, bocaccio, cowcod,
Minor Nearshore Rockfish or shallow and deeper Minor Nearshore
Rockfish, shelf or Minor Shelf Rockfish, and Minor Slope Rockfish;
Dover sole, sablefish, shortspine thornyheads, and longspine
thornyheads; petrale sole, rex sole, arrowtooth flounder, Pacific
sanddabs, big skate, and the Other Flatfish complex, which is composed
of those species plus any other flatfish species listed at Sec.
660.11; Pacific whiting; lingcod; Pacific cod; Pacific spiny dogfish;
longnose skate; cabezon in Oregon and California; and ``Other Fish'' as
defined at Sec. 660.11. In addition to the species and species groups
listed above, sub-limits or aggregate limits may be specified, specific
to the Shorebased IFQ Program, for the following species: big skate,
California skate, California scorpionfish, leopard shark, soupfin
shark, finescale codling, Pacific rattail (grenadier), ratfish, kelp
greenling, shortbelly rockfish, and cabezon in Washington. Size limits
have been designated as routine for sablefish and lingcod. Trip landing
and frequency limits and size limits for species with those limits
designated as routine may be imposed or adjusted on a biennial or more
frequent basis for the purpose of keeping landings within the harvest
levels announced by NMFS.
* * * * *
(g) Applicability. These specifications account for fish caught in
state ocean waters (0-3 nm offshore) though that fishing activity is
governed by the States of Washington, Oregon, and California,
respectively. Catch of a stock in State waters is taken off the top of
the harvest specifications for the stock in the EEZ (3-200 nm (5.6-
370.4 km) offshore).
(h) * * *
(1) Commercial trip limits and recreational bag and boat limits.
Commercial trip limits and recreational bag and boat limits defined in
tables 1a through 2d of this subpart, and those specified in subparts D
through G of this part, including tables 1b (North) and 1b (South) of
subpart D of this part, tables 2b (North) and 2b (South) of subpart E
of this part, and tables 3b (North) and 3b (South) of subpart F of this
part must not be exceeded.
* * * * *
(7) * * *
(i) * * *
(D) Rockfish complexes. Several rockfish species are designated
with species-specific limits on one side of the 40[deg]10' N lat.
management line and are included as part of a rockfish complex on the
other side of the line. A vessel that takes and retains fish from a
rockfish complex (nearshore, shelf, or slope) on both sides of a
management line during a single cumulative limit period is subject to
the more restrictive cumulative limit for that rockfish complex during
that period.
(1) If a vessel takes and retains species from the slope rockfish
complex north of 40[deg]10' N lat., that vessel is also permitted to
take and retain, possess or land splitnose rockfish up to its
cumulative limit south of 40[deg]10' N lat., even if splitnose rockfish
were a part of the landings from slope rockfish complex taken and
retained north of 40[deg]10' N lat.
(2) If a vessel takes and retains species from the slope rockfish
complex south of 40[deg]10' N lat., that vessel is also permitted to
take and retain, possess or land Pacific ocean perch up to its
cumulative limit north of 40[deg]10' N lat., even if Pacific ocean
perch were a part of the landings from slope rockfish complex taken and
retained south of 40[deg]10' N lat.
(ii) * * *
(A) * * *
(2) Vessels with a valid limited entry permit endorsed for bottom
longline and/or pot gear fishing inside the Non-Trawl RCA with
stationary vertical jig gear or groundfish troll gear as defined at
Sec. 660.320(b)(6). Vessels fishing with one of these two approved
hook-and-line gear configurations may fish up to the limited entry
fixed gear trip limits in table 2b (North) and table 2b (South) of
subpart E, either inside or outside the Non-Trawl RCA. This provision
only applies on fishing trips where the vessel made the appropriate
declaration (specified at Sec. 660.13(d)(4)(iv)(A)).
* * * * *
0
13. Revise Sec. 660.65 to read as follows:
Sec. 660.65 Groundfish harvest specifications.
Harvest specifications include OFLs, ABCs, and the designation of
OYs and ACLs. Management measures necessary to keep catch within the
ACL include ACTs, HGs, or quotas for species that need individual
management, the allocation of fishery HGs between the trawl and non-
trawl segments of the fishery, and the allocation of commercial HGs
between the open access and limited entry segments of the fishery.
These specifications account for fish caught in state ocean waters (0-3
nm (0-5.6 km) offshore), though that fishing activity is governed by
the States of Washington, Oregon, and California respectively. Catch of
a stock in State waters is taken off the top of the harvest
specifications for the stock in the EEZ (3-200 nm (5.6-370.4 km)
offshore). Harvest specifications are provided in tables 1a through 2d
of this subpart.
Sec. 660.70 [Amended]
0
14. Amend Sec. 660.70 by removing paragraph (u) and redesignating
paragraph (v) as paragraph (u).
0
15. Amend Sec. 660.72 by revising paragraphs (a)(95) through (100) to
read as follows:
Sec. 660.72 Latitude/longitude coordinates defining the 50 fm (91 m)
through 75 fm (137 m) depth contours.
* * * * *
(a) * * *
(95) 39[deg]32.47' N lat., 123[deg]52.25' W long.;
(96) 39[deg]21.86' N lat., 123[deg]54.13' W long.;
(97) 39[deg]8.35' N lat., 123[deg]49.67' W long.;
(98) 38[deg]57.50' N lat., 123[deg]49.42' W long.;
(99) 38[deg]51.20' N lat., 123[deg]46.09' W long.;
(100) 38[deg]29.47' N lat., 123[deg]20.19' W long.;
* * * * *
0
16. Revise tables 1a through 1c to part 660, subpart C to read as
follows:
[[Page 70434]]
Table 1a to Part 660, Subpart C--2025, Specifications of OFL, ABC, ACL, ACT and Fishery HG (Weights in Metric
Tons). Capitalized Stocks Are Rebuilding
----------------------------------------------------------------------------------------------------------------
Species/stock Area OFL ABC ACL \a\ Fishery HG \b\
----------------------------------------------------------------------------------------------------------------
QUILLBACK ROCKFISH OFF California...... 1.52 1.3 1.3 1.2
CALIFORNIA.
YELLOWEYE ROCKFISH \c\........ Coastwide....... 105.8 87.2 55.8 41
Arrowtooth Flounder........... Coastwide....... 16,460 11,193 11,193 9,098
Big Skate..................... Coastwide....... 1,456 1,224 1,224 1,164.6
Black Rockfish................ Washington (N of 262 244.6 244.6 226
46[deg]16' N
lat.).
Black Rockfish................ California (S of 250 234 224 222.3
42[deg] N lat.).
Bocaccio...................... S of 40[deg]10' 1,849 1,681 1,681 1,673.2
N lat.
Cabezon....................... California (S of 176 162 162 161.2
42[deg] N lat.).
California Scorpionfish....... S of 34[deg]27' 273 244 244 242
N lat.
Canary Rockfish............... Coastwide....... 647 605 572 508.4
Chilipepper................... S of 40[deg]10' 3,128 2,815 2,815 2,788
N lat.
Cowcod........................ S of 40[deg]10' 111 77 77 66.5
N lat.
Cowcod........................ (Conception).... 93 66 66 ..............
Cowcod........................ (Monterey)...... 18 11 11 ..............
Darkblotched Rockfish......... Coastwide....... 830 754 754 729.8
Dover Sole.................... Coastwide....... 52,214 47,424 47,424 45,840
English Sole.................. Coastwide....... 11,175 8,884 8,884 8,669.4
Lingcod....................... N of 40[deg]10' 4,237 3,631 3,631 3,349.9
N lat.
Lingcod....................... S of 40[deg]10' 897 768 748 736.4
N lat.
Longnose Skate................ Coastwide....... 1,922 1,616 1,616 1,365.4
Longspine Thornyhead.......... Coastwide....... 4,284 2,698 2,698 ..............
Longspine Thornyhead.......... N of 34[deg]27' .............. .............. 2,050 2,000.7
N lat.
Longspine Thornyhead.......... S of 34[deg]27' .............. .............. 648 646
N lat.
Pacific Cod................... Coastwide....... 3,200 1,926 1,600 1,098.6
Pacific Ocean Perch........... N of 40[deg]10' 4,029 3,328 3,328 3,182.5
N lat..
Pacific Spiny Dogfish......... Coastwide....... 1,857 1,361 1,361 1,037.6
Pacific Whiting............... Coastwide....... (\d\) (\d\) (\d\) (\d\)
Petrale Sole.................. Coastwide....... 2,518 2,354 2,354 2,035.5
Sablefish..................... Coastwide....... 39,085 36,545 36,545 ..............
Sablefish..................... N of 36[deg] N .............. .............. 28,688 See Table 1c
lat.
Sablefish..................... S of 36[deg] N .............. .............. 7,857 7,829.80
lat.
Shortspine Thornyhead \e\..... Coastwide....... 940 821 815 743.3
Splitnose..................... S of 40[deg]10' 1,724 1,508 1,508 1,493.9
N lat.
Starry Flounder............... Coastwide....... 652 392 392 375.3
Widow Rockfish................ Coastwide....... 12,254 11,237 11,237 11,018.7
Yellowtail Rockfish........... N of 40[deg]10' 6,866 6,241 6,241 5,216.1
N lat.
----------------------------------------------------------------------------------------------------------------
Species/Stock Complexes
----------------------------------------------------------------------------------------------------------------
Blue/Deacon/Black Rockfish.... Oregon.......... 464 423 423 421.7
Cabezon/Kelp Greenling........ Washington...... 19 15 15 12.2
Cabezon/Kelp Greenling........ Oregon.......... 196 177 177 176.1
Nearshore Rockfish North...... N of 40[deg]10' 106 88 88 84.8
N lat.
Nearshore Rockfish South...... S of 40[deg]10' 1,137 934 932 929.3
N lat.
Other Fish.................... Coastwide....... 286 223 223 213.2
Other Flatfish................ Coastwide....... 10,895 7,974 7,974 7,803
Shelf Rockfish North.......... N of 40[deg]10' 1,747 1,392 1,392 1,325.7
N lat.
Shelf Rockfish South.......... S of 40[deg]10' 1,837 1,465 1,464 1,437.9
N lat.
Slope Rockfish North.......... N of 40[deg]10' 1,779 1,488 1,488 1,430
N lat.
Slope Rockfish South.......... S of 40[deg]10' 866 693 693 674
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. These deductions, as well as any HG sharing agreements between states
and/or sectors, are published in the SAFE.
\c\ Yelloweye rockfish has a non-trawl ACT of 29.6 mt and a non-nearshore ACT of 6.2 mt. The recreational ACTs
are: 7.6 mt (Washington), 6.9 mt (Oregon), and 8.9 mt (California).
\d\ 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 2025.
\e\ Shortspine thornyhead has a commercial ACT of 67 mt for north of 34[deg]27' N lat.
\f\ Copper rockfish has a recreational ACT of 15.8 for south of 34[deg]27' N lat.
Table 1b to Part 660, Subpart C--2025, Allocations by Species or Species Group
[Weight in metric tons]
--------------------------------------------------------------------------------------------------------------------------------------------------------
Trawl Non-trawl
Species/stock & complexes Area Fishery HG or ---------------------------------------------------------------
ACT % mt % mt
--------------------------------------------------------------------------------------------------------------------------------------------------------
YELLOWEYE ROCKFISH........................ Coastwide................... 41 8 3.3 92 38.5
Arrowtooth flounder....................... Coastwide................... 9,098 95 8,643.1 5 454.9
[[Page 70435]]
Big skate................................. Coastwide................... 1,164.6 95 1,106.4 5 58.2
Bocaccio.................................. S of 40[deg]10' N lat....... 1,673.2 39 652.5 61 1,020.6
Canary rockfish........................... Coastwide................... 508.4 72.3 367.6 27.7 140.8
Chilipepper rockfish...................... S of 40[deg]10' N lat....... 2,788 75 2,091 25 697
Cowcod.................................... S of 40[deg]10' N lat....... 66.5 36 23.90 64 42.6
Darkblotched rockfish..................... Coastwide................... 729.8 95 693.3 5 36.5
Dover sole................................ Coastwide................... 45,840 95 43,459.8 5 2,290.2
English sole.............................. Coastwide................... 8,669.4 95 8,235.9 5 433.5
Lingcod................................... N of 40[deg]10' N lat....... 3,349.9 45 1,507.5 55 1,842.4
Lingcod................................... S of 40[deg]10' N lat....... 736.4 40 294.6 60 441.8
Longnose skate............................ Coastwide................... 1,365.4 90 1,228.9 10 136.5
Longspine thornyhead...................... N of 34[deg]27' N lat....... 2,000.7 95 1,900.7 5 100
Pacific cod............................... Coastwide................... 1,098.6 95 1,043.7 5 54.9
Pacific Ocean perch....................... N of 40[deg]10' N lat....... 3,182.5 95 3,023.4 5 159.1
Pacific whiting........................... Coastwide................... .............. 100 .............. 0 0
Petrale sole.............................. Coastwide................... 2,035.5 .............. 2,005.5 .............. 30
---------------------------------------------------------------
Sablefish................................. N of 36[deg] N lat.......... 25,729.3 See Table 1c
---------------------------------------------------------------
Sablefish................................. S of 36[deg] N lat.......... 7,829.8 42 3,288.5 58 4,541.3
Shortspine thornyhead..................... Coastwide................... 743.3 64 475.71 36 267.59
Splitnose rockfish........................ S of 40[deg]10' N lat....... 1,493.9 95 1,419.2 5 74.7
Starry flounder........................... Coastwide................... 375.3 50 187.7 50 187.7
Widow rockfish............................ Coastwide................... 11,018.7 .............. 10,718.7 .............. 300
Yellowtail rockfish....................... N of 40[deg]10' N lat....... 5,216.1 88 4,590.2 12 625.9
Shelf rockfish north...................... N of 40[deg]10' N lat....... 1,325.7 60.2 798.1 39.8 527.6
Shelf rockfish south...................... S of 40[deg]10' N lat....... 1,437.9 12.2 175.4 87.8 1,262.5
Slope rockfish north...................... N of 40[deg]10' N lat....... 1,430 81 1,158.3 19 271.7
Slope rockfish south...................... S of 40[deg]10' N lat....... 674 63 424.6 37 249.4
Other flatfish............................ Coastwide................... 7,803 90 7,022.7 10 780.3
--------------------------------------------------------------------------------------------------------------------------------------------------------
Table 1c to Part 660, Subpart C--Sablefish North of 36[deg] N Lat.
Allocations, 2025
[Weight in metric tons]
------------------------------------------------------------------------
Allocation
Percent (mt)
------------------------------------------------------------------------
Non-Tribal Commercial HG \a\............ .............. 25,729.3
LE Share................................ 90.6 23,310.7
LE Trawl............................ 58 13,520.2
LEFG................................ 42 9,791.9
Primary......................... 85 8,323.1
Trip limit...................... 15 1,468.8
OA Share................................ 9.4 2,418.6
------------------------------------------------------------------------
\a\ Off-the-top deductions from the ACL that result in the HG are in the
SAFE.
0
17. Revise tables 2a through 2c to part 660, subpart C, to read as
follows:
Table 2a to Part 660, Subpart C--2026, and Beyond, Specifications of OFL, ABC, ACL, ACT, and Fishery HG (Weights
in Metric Tons)
[Capitalized Stocks Are Rebuilding]
----------------------------------------------------------------------------------------------------------------
Species/stock Area OFL ABC ACL \a\ Fishery HG \b\
----------------------------------------------------------------------------------------------------------------
QUILLBACK ROCKFISH OFF California...... 1.77 1.5 1.5 1.4
CALIFORNIA.
YELLOWEYE ROCKFISH \c\........ Coastwide....... 108.3 88.5 56.6 41.8
Arrowtooth Flounder........... Coastwide....... 13,833 9,227 9,227 7,132
Big Skate..................... Coastwide....... 1,426 1,188 1,188 1,128.6
Black Rockfish................ Washington (N of 259 241 241 226.6
46[deg]16' N
lat.).
Black Rockfish................ California (S of 265 247 236 234.4
42[deg] N lat.).
Bocaccio...................... S of 40[deg]10' 1,846 1,668 1,668 1,660.2
N lat.
Cabezon....................... California (S of 170 155 155 154.5
42[deg] N lat.).
California Scorpionfish....... S of 34[deg]27' 267 238 238 236
N lat.
[[Page 70436]]
Canary Rockfish............... Coastwide....... 655 609 573 509.6
Chilipepper Rockfish.......... S of 40[deg]10' 2,949 2,643 2,643 2,615.2
N lat.
Cowcod........................ S of 40[deg]10' 111 75 75 65.2
N lat.
Cowcod........................ (Conception).... 92 64 64 ..............
Cowcod........................ (Monterey)...... 19 11 11 ..............
Darkblotched Rockfish......... Coastwide....... 810 732 732 707.8
Dover Sole.................... Coastwide....... 46,049 42,457 42,457 40,873
English Sole.................. Coastwide....... 11,192 8,819 8,819 8,604.4
Lingcod....................... N of 40[deg]10' 4,163 3,534 3,534 3,252.9
N lat.
Lingcod....................... S of 40[deg]10' 937 795 773 761.5
N lat.
Longnose Skate................ Coastwide....... 1,895 1,579 1,579 1,328.4
Longspine Thornyhead.......... Coastwide....... 4,166 2,575 2,575 ..............
Longspine Thornyhead.......... N of 34[deg]27' .............. .............. 1,957 1,907.3
N lat.
Longspine Thornyhead.......... S of 34[deg]27' .............. .............. 618 616.5
N lat.
Pacific Cod................... Coastwide....... 3,200 1,926 1,600 1,098.6
Pacific Ocean Perch........... N of 40[deg]10' 3,937 3,220 3,220 3,074.5
N lat.
Pacific Spiny Dogfish......... Coastwide....... 1,833 1,318 1,318 994.2
Pacific Whiting............... Coastwide....... (\d\) (\d\) (\d\) (\d\)
Petrale Sole.................. Coastwide....... 2,424 2,255 2,238 1,919.5
Sablefish..................... Coastwide....... 37,310 34,699 34,699 ..............
Sablefish..................... N of 36[deg] N .............. .............. 27,238 See Table 2c
lat.
Sablefish..................... S of 36[deg] N .............. .............. 7,460 7,432.9
lat.
Shortspine Thornyhead \e\..... Coastwide....... 961 831 825 752.7
Splitnose Rockfish............ S of 40[deg]10' 1,686 1,469 1,469 1,454.9
N lat.
Starry Flounder............... Coastwide....... 652 392 392 375.3
Widow Rockfish................ Coastwide....... 11,382 10,392 10,392 10,173.7
Yellowtail Rockfish........... N of 40[deg]10' 6,662 6,023 6,023 4,997.5
N lat.
----------------------------------------------------------------------------------------------------------------
Species/stock Complexes
----------------------------------------------------------------------------------------------------------------
Blue/Deacon/Black Rockfish.... Oregon.......... 472 428 428 426.5
Cabezon/Kelp Greenling........ Washington...... 19 15 15 12.1
Cabezon/Kelp Greenling........ Oregon.......... 194 174 174 173.6
Nearshore Rockfish North...... N of 42[deg] N 105 86 86 83
lat.
Nearshore Rockfish South...... S of 40[deg]10' 1,143 933 931 928.1
N lat.
Other Fish.................... Coastwide....... 286 223 223 212.7
Other Flatfish................ Coastwide....... 9,988 7,144 7,144 6,972.6
Shelf Rockfish North.......... N of 40[deg]10' 1,734 1,379 1,378 1,312.3
N lat.
Shelf Rockfish South.......... S of 40[deg]10' 1,837 1,463 1,463 1,435.7
N lat.
Slope Rockfish North.......... N of 40[deg]10' 1,754 1,460 1,460 1,402.2
N lat.
Slope Rockfish South.......... S of 40[deg]10' 865 690 690 671
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. These deductions, as well as any HG sharing agreements between states
and/or sectors, are published in the SAFE.
\c\ Yelloweye rockfish has a non-trawl ACT of 30.2 mt and a non-nearshore ACT of 6.3 mt. The recreational ACTs
are: 7.7 mt (Washington), 7.0 mt (Oregon), and 9.1 mt (California).
\d\ 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 2026.
\e\ Shortspine thornyhead has a commercial ACT of 55 mt for north of 34[deg]27' N lat.
\f\ Copper rockfish has a recreational ACT of 18.0 for south of 34[deg]27' N lat.
Table 2b to Part 660, Subpart C--2026, and Beyond, Allocations by Species or Species Group
----------------------------------------------------------------------------------------------------------------
Trawl Non-trawl
Species/stock & complexes Area Fishery HG or -------------------------------------------------
ACT % mt % mt
----------------------------------------------------------------------------------------------------------------
YELLOWEYE ROCKFISH........... Coastwide...... 41.8 8 3.3 92 38.5
Arrowtooth flounder.......... Coastwide...... 7,132 95 6,775.4 5 356.6
Big skate.................... Coastwide...... 1,128.6 95 1,072.2 5 56.4
Bocaccio..................... S of 40[deg]10' 1,660.2 39 647.5 61 1,012.7
N lat.
Canary rockfish.............. Coastwide...... 509.6 72.3 368.4 27.7 141.2
Chilipepper rockfish......... S of 40[deg]10' 2,615.2 75 1,961.4 25 653.8
N lat.
Cowcod....................... S of 40[deg]10' 65.2 36 23.5 64 41.7
N lat.
Darkblotched rockfish........ Coastwide...... 707.8 95 672.4 5 35.4
Dover sole................... Coastwide...... 40,873 95 38,829.4 5 2,043.7
English sole................. Coastwide...... 8,604.4 95 8,174.2 5 430.2
Lingcod...................... N of 40[deg]10' 3,252.9 45 1,463.8 55 1,789.1
N lat.
Lingcod...................... S of 40[deg]10' 761.5 40 304.6 60 456.9
N lat.
[[Page 70437]]
Longnose skate............... Coastwide...... 1,328.4 90 1,195.6 10 132.8
Longspine thornyhead......... N of 34[deg]27' 1,907.3 95 1,811.9 5 95.4
N lat.
Pacific cod.................. Coastwide...... 1,098.6 95 1,043.7 5 54.9
Pacific Ocean perch.......... N of 40[deg]10' 3,074.5 95 2,920.8 5 153.7
N lat.
Pacific whiting.............. Coastwide...... .............. 100 0.0 ....... 0
Petrale sole................. Coastwide...... 1,919.5 ....... 1,889.5 ....... 30
-------------------------------------------------
Sablefish.................... N of 36[deg] N 24,425.1 See Table 2c
lat.
-------------------------------------------------
Sablefish.................... S of 36[deg] N 7,432.9 42 3,121.8 58 4,311.1
lat.
Shortspine thornyhead........ Coastwide...... 752.7 71 534.4 29 218.3
Splitnose rockfish........... S of 40[deg]10' 1,454.9 95 1,382.2 5 72.7
N lat.
Starry flounder.............. Coastwide...... 375.3 50 187.7 50 187.7
Widow rockfish............... Coastwide...... 10,173.7 ....... 9,873.7 ....... 300
Yellowtail rockfish.......... N of 40[deg]10' 4,997.5 88 4,397.8 12 599.7
N lat.
Shelf rockfish north......... N of 40[deg]10' 1,312.3 60.2 790 39.8 522.3
N lat.
Shelf rockfish south......... S of 40[deg]10' 1,435.7 12.2 172.2 87.8 1,260.5
N lat.
Slope rockfish north......... N of 40[deg]10' 1,402.2 81 1,135.8 19 266.4
N lat.
Slope rockfish south......... S of 40[deg]10' 671 63 422.7 37 248.3
N lat.
Other flatfish............... Coastwide...... 6,972.6 90 6,275.3 10 697.3
----------------------------------------------------------------------------------------------------------------
Table 2c to Part 660, Subpart C--Sablefish North of 36[deg] N Lat.
Allocations, 2026 and Beyond
[Weights in Metric Tons]
------------------------------------------------------------------------
Allocation
Percent (mt)
------------------------------------------------------------------------
Non-Tribal Commercial HG \a\............ .............. 24,425.1
LE Share................................ 90.6 22,129.1
LE Trawl............................ 58 12,834.9
LEFG................................ 42 9,294
Primary......................... 85 7,899.9
Trip limit...................... 15 1,394.1
OA Share................................ 9.4 2,296
------------------------------------------------------------------------
\a\ Off-the-top deductions from the ACL that result in the HG are in the
SAFE.
0
18. Amend Sec. 660.111 by revising the definition of ``Block area
closures or BACs'' to read as follows:
Sec. 660.111 Trawl fishery--definitions.
* * * * *
Block area closures or BACs are a type of groundfish conservation
area, defined at Sec. 660.11, bounded on the north and south by
commonly used geographic coordinates, defined at Sec. 660.11, and on
the east and west by the EEZ, and boundary lines approximating depth
contours, defined with latitude and longitude coordinates at Sec. Sec.
660.71 through 660.74 (10 fm (18 m) through 250 fm (457 m)), and Sec.
660.76 (700 fm (1,280 m)). BACs may be implemented or modified as
routine management measures, per regulations at Sec. 660.60(c). BACs
may be implemented in the EEZ seaward of Washington, Oregon, and
California for vessels using limited entry bottom trawl and/or midwater
trawl gear. BACs may be implemented within Tribal Usual and Accustomed
fishing areas but may only apply to non-Tribal vessels. BACs may close
areas to specific trawl gear types (e.g., closed for midwater trawl,
bottom trawl, or bottom trawl unless using selective flatfish trawl)
and/or specific programs within the trawl fishery (e.g., Pacific
whiting fishery or MS Co-op Program). BACs may vary in their geographic
boundaries and duration. Their geographic boundaries, applicable gear
type(s) and/or specific trawl fishery program, and effective dates will
be announced in the Federal Register. BACs may have a specific
termination date as described in the Federal Register or may be in
effect until modified. BACs that are in effect until modified by
Council recommendation and subsequent NMFS action are set out in tables
1a (North) and 1a (South) of this subpart.
* * * * *
0
19. Amend Sec. 660.130 by:
0
a. Revising paragraphs (a), (c) introductory paragraph, and (c)(4);
0
c. Removing paragraph (e)(2);
0
d. Redesignating paragraphs (e)(3) through (8) as (e)(2) through (7);
and
0
e. Revising newly redesignated paragraph (e)(3) introductory text.
The revisions read as follows:
Sec. 660.130 Trawl fishery--management measures.
(a) General. This section applies to the limited entry trawl
fishery. Most species taken in the limited entry trawl fishery will be
managed with quotas (see Sec. 660.140), allocations or set-asides (see
Sec. 660.150 or Sec. 660.160), or cumulative trip limits (see trip
limits in tables 1b (North) and 1b (South) of this subpart), size
limits (see Sec. 660.60(h)(5)), seasons (see Pacific whiting at Sec.
660.131(b)), gear restrictions (see paragraphs (b) and (c) of this
section) and closed areas (see paragraphs (c) and (e) of this section
and Sec. Sec. 660.70 through 660.79). The limited entry trawl fishery
has gear requirements and harvest limits that differ by the type of
groundfish trawl gear on board and the area fished. Groundfish vessels
operating south of Point Conception must adhere to CCA restrictions
(see paragraph (e)(1) of this section and Sec. 660.70). The trip
limits in tables 1b (North) and 1b (South) of this subpart apply to
vessels participating in
[[Page 70438]]
the limited entry trawl fishery and may not be exceeded. Federal
commercial groundfish regulations are not intended to supersede any
more restrictive state commercial groundfish regulations relating to
federally managed groundfish.
* * * * *
(c) Restrictions by limited entry trawl gear type. Management
measures may vary depending on the type of trawl gear (i.e., large
footrope, small footrope, selective flatfish, or midwater trawl gear)
used and/or on board a vessel during a fishing trip, cumulative limit
period, and the area fished. Trawl nets may be used on and off the
seabed. For some species or species groups, tables 1b (North) and 1b
(South) of this subpart provide trip limits that are specific to
different types of trawl gear: Large footrope, small footrope
(including selective flatfish), selective flatfish, midwater, and
multiple types. If tables 1a (North), 1b (North), 1a (South), and 1b
(South) of this subpart provide gear specific limits or closed areas
for a particular species or species group, prohibitions at Sec. Sec.
660.12 and 660.112(a)(5) apply. Additional conservation areas
applicable to vessels registered to limited entry permits with trawl
endorsements are listed at paragraph (e) of this section.
* * * * *
(4) More than one type of trawl gear on board. The trip limits in
table 1b (North) or 1b (South) of this subpart must not be exceeded. A
vessel may not have both groundfish trawl gear and non-groundfish trawl
gear onboard simultaneously. A vessel may have more than one type of
limited entry trawl gear on board (midwater, large or small footrope,
including selective flatfish trawl), either simultaneously or
successively, during a cumulative limit period except between 42[deg] N
lat. and 40[deg]10' N lat. as described in this section. If a vessel
fishes both north and south of 40[deg]10' N lat. with any type of small
or large footrope gear onboard the vessel at any time during the
cumulative limit period, the most restrictive cumulative limit
associated with the gear on board would apply for that trip and all
catch would be counted toward that cumulative limit (see crossover
provisions at Sec. 660.60(h)(7)). When operating in an applicable GCA,
all trawl gear must be stowed, consistent with prohibitions at Sec.
660.112(a)(5)(i), unless authorized in this section.
* * * * *
(e) * * *
(3) Trawl RCA. This GCA is off the coast of Washington, between the
US/Canada border and 46[deg]16' N lat. Boundaries for the trawl RCA
applicable to groundfish trawl vessels throughout the year are provided
in the header to table 1a (North) of this subpart and may be modified
by NMFS inseason pursuant to Sec. 660.60(c). Prohibitions at Sec.
660.112(a)(5) do not apply under the following conditions and when the
vessel has a valid declaration for the allowed fishing:
* * * * *
0
20. Amend Sec. 660.131 by revising paragraphs (b)(3) introductory text
and (g)(2) to read as follows:
Sec. 660.131 Pacific whiting fishery management measures.
* * * * *
(b) * * *
(3) Pacific whiting trip limits. For Shorebased IFQ Program vessels
targeting Pacific whiting outside the primary season, the ``per trip''
limit for whiting is announced in table 1b of this subpart. The per-
trip limit is a routine management measure under Sec. 660.60(c). This
trip limit includes any whiting caught shoreward of 100 fm (183 m) in
the Eureka management area. The per-trip limit for other groundfish
species are announced in tables 1b (North) and 1b (South) of this
subpart and apply as follows:
* * * * *
(g) * * *
(2) The amount of whole whiting on board does not exceed the trip
limit (if any) allowed under Sec. 660.60(c) or table 1b (North) or 1b
(South) in subpart D.
* * * * *
0
21. Amend Sec. 660.140 by revising table 1 to paragraph (d)(1)(ii)(D)
and paragraph (g) 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 2025 and 2026
----------------------------------------------------------------------------------------------------------------
2025 2026
Shorebased Shorebased
IFQ species Area trawl trawl
allocation allocation
(mt) (mt)
----------------------------------------------------------------------------------------------------------------
YELLOWEYE ROCKFISH............................ Coastwide....................... 3.3 3.4
Arrowtooth flounder........................... Coastwide....................... 8,573 6,705
Bocaccio...................................... South of 40[deg]10' N lat....... 653 648
Canary rockfish............................... Coastwide....................... 348 347
Chilipepper rockfish.......................... South of 40[deg]10' N lat....... 2,091 1,961
Cowcod........................................ South of 40[deg]10' N lat....... 24 23
Darkblotched rockfish......................... Coastwide....................... 593 572
Dover sole.................................... Coastwide....................... 43,538 38,819
English sole.................................. Coastwide....................... 8,236 8,174
Lingcod....................................... North of 40[deg]10' N lat....... 1,503 1,449
Lingcod....................................... South of 40[deg]10' N lat....... 295 305
Longspine thornyhead.......................... North of 34[deg]27' N lat....... 1,901 1,812
Pacific cod................................... Coastwide....................... 1,044 1,044
Pacific ocean perch........................... North of 40[deg]10' N lat....... 2,723 2,621
Pacific whiting \a\........................... Coastwide....................... TBD TBD
Petrale sole.................................. Coastwide....................... 2,001 1,885
Sablefish..................................... North of 36[deg] N lat.......... 13,091 13,091
Sablefish..................................... South of 36[deg] N lat.......... 3,289 3,289
Shortspine thornyhead......................... Coastwide....................... 406 464
Splitnose rockfish............................ South of 40[deg]10' N lat....... 1,419 1,382
Starry flounder............................... Coastwide....................... 188 188
Widow rockfish................................ Coastwide....................... 10,243 9,398
Yellowtail rockfish........................... North of 40[deg]10' N lat....... 4,230 4,038
Other Flatfish complex........................ Coastwide....................... 6,922 6,175
[[Page 70439]]
Shelf Rockfish complex........................ North of 40[deg]10' N lat....... 763 755
Shelf Rockfish complex........................ South of 40[deg]10' N lat....... 175 175
Slope Rockfish complex........................ North of 40[deg]10' N lat....... 858 836
Slope Rockfish complex........................ South of 40[deg]10' N lat....... 425 423
----------------------------------------------------------------------------------------------------------------
\a\ Managed through an international process. These allocations will be updated when announced.
* * * * *
(g) Retention and disposition requirements--(1) General. Shorebased
IFQ Program vessels may discard IFQ species/species groups, provided
such discards are accounted for and deducted from QP in the vessel
account. The discard mortality for those species with discard mortality
rates must be accounted for and applied to QP in the vessel account.
With the exception of vessels on a declared Pacific whiting IFQ trip
and engaged in maximized retention, and vessels fishing under a valid
EM Authorization in accordance with Sec. 660.604, prohibited and
protected species (except short-tailed albatross as directed by Sec.
660.21(c)(1)(v)) must be discarded at sea. Pacific halibut must be
discarded as soon as practicable and the discard mortality must be
accounted for and deducted from IBQ pounds in the vessel account. Non-
IFQ species and non-groundfish species may be discarded at sea, unless
otherwise required by EM Program requirements at Sec. 660.604. The
sorting of catch, the weighing and discarding of any IBQ and IFQ
species, and the retention of IFQ species must be monitored by the
observer or EM system.
* * * * *
Tables 1 (North) and 2 (South) to Part 660, Subpart D--[Removed]
0
22. Remove tables 1 (North) and 2 (South) to part 660, subpart D.
0
23. Add tables 1a (North), 1b (North), 1a (South), and 1b (South) to
part 660, subpart D to read as follows:
Table 1a (North) to Part 660, Subpart D--Limited Entry Trawl Rockfish
Conservation Areas for North of 40[deg]10' N Lat.
Note 1 to table 1a (North): The Trawl RCA is an area closed to
fishing with groundfish trawl gear, as defined at Sec. 660.11.
Trawl RCA boundaries apply in the EEZ only; see appropriate state
regulations for state closures. Trawl RCA boundaries or Block Area
Closures (BACs) may be revised or implemented via inseason action;
therefore, users should refer back to this table throughout the
year. Vessels fishing groundfish trawl quota pounds with groundfish
non-trawl gears, under gear switching provisions at Sec. 660.140,
are subject to the limited entry fixed gear Non-Trawl RCA, as
described in tables 2a (North) and 2a (South) to part 660, subpart
E.
------------------------------------------------------------------------
Latitude Boundary
------------------------------------------------------------------------
North of 46[deg]16' N lat: 100 fm line-150 fm line.
46[deg]16' N lat-40[deg]10' N lat BACs may be implemented and
will be announced in the
Federal Register.
------------------------------------------------------------------------
Table 1b (North) to Part 660, Subpart D--Landing Allowances for Non-IFQ
Species and Pacific Whiting North of 40[deg]10' N Lat.
Note 1 to table 1b (North): This table describes incidental
landing allowances for vessels registered to a Federal limited entry
trawl permit. Trip limits apply in the EEZ only; see appropriate
state regulations for state trip limits. Trip limits are effective
year-round unless otherwise specified for different cumulative
periods (defined at Sec. 660.11 under ``Trip limits''). Trip limits
are effective from the U.S.-Canada border to 40[deg]10' N lat.
unless otherwise specified via latitudinal or state subdivisions in
this table. Stock complexes are defined at Sec. 660.11 under
``Groundfish''. Trip limits may be revised via inseason action;
therefore, users should refer back to this table throughout the
year. To convert pounds to kilograms, divide the weight in pounds by
2.20462. The resulting quotient is the weight in kilograms. See
provisions at Sec. 660.130 for gear restrictions and requirements
by area. Vessels fishing groundfish trawl quota pounds with
groundfish non-trawl gears, under gear switching provisions at Sec.
660.140, are subject to the limited entry groundfish trawl fishery
landing allowances in this table, regardless of the type of fishing
gear used.
------------------------------------------------------------------------
Species Trip limit
------------------------------------------------------------------------
Big skate......................... Unlimited.
Cabezon (California).............. 50 lb/month.
Longnose skate.................... Unlimited.
Nearshore rockfish complex, 300 lb/month.
Washington black rockfish and
Oregon black/blue/deacon rockfish.
Oregon cabezon/kelp greenling 50 lb/month.
complex.
Other fish........................ Unlimited.
Pacific Spiny Dogfish............. 60,000 lb/month.
Pacific whiting--Midwater Trawl... Before the primary whiting season:
CLOSED.
During the primary whiting season:
mid-water trawl permitted in the
RCA. See Sec. 660.131 for season
and trip limit details.
After the primary whiting season:
CLOSED.
Pacific whiting--Large & Small Before the primary whiting season:
Footrope Gear. 20,000 lb/trip.
During the primary whiting season:
10,000 lb/trip.
After the primary whiting season:
10,000 lb/trip.
Pacific whiting--Eureka Management No more than 10,000 lb of whiting
Area. may be taken and retained,
possessed, or landed by a vessel
that, at any time during the
fishing trip, fished in the fishery
management area shoreward of 100 fm
contour (see Sec. 660.131(d)).
------------------------------------------------------------------------
[[Page 70440]]
Table 1a (South) to Part 660, Subpart D--Limited Entry Trawl Rockfish
Conservation Areas for South of 40[deg]10' N Lat.
Note 1 to table 1a (South): The Trawl RCA is an area closed to
fishing with groundfish trawl gear, as defined at Sec. 660.11.
Trawl RCA boundaries apply in the EEZ only; see appropriate state
regulations for state closures. Trawl RCA boundaries or Block Area
Closures (BACs) may be revised or implemented via inseason action;
therefore, users should refer back to this table throughout the
year. Vessels fishing groundfish trawl quota pounds with groundfish
non-trawl gears, under gear switching provisions at Sec. 660.140,
are subject to the limited entry fixed gear Non-Trawl RCA, as
described in tables 2a (North) and 2a (South) to part 660, subpart
E.
------------------------------------------------------------------------
Latitude Boundary
------------------------------------------------------------------------
South of 40[deg]10' N lat.:....... BACs may be implemented and will be
announced in the Federal Register.
------------------------------------------------------------------------
Table 1b (South) to Part 660, Subpart D--Landing Allowances for Non-IFQ
Species and Pacific Whiting South of 40[deg]10' N Lat.
Note 1 to table 1b (South): This table describes incidental
landing allowances for vessels registered to a Federal limited entry
trawl permit. Trip limits apply in the EEZ only; see appropriate
state regulations for state trip limits. Trip limits are effective
year-round unless otherwise specified for different cumulative
periods (defined at Sec. 660.11 under ``Trip limits''). Trip limits
are effective from 40[deg]10' N lat. to the U.S.-Mexico border
unless otherwise specified via latitudinal or state subdivisions in
this table. Stock complexes are defined at Sec. 660.11 under
``Groundfish''. Trip limits may be revised via inseason action;
therefore, users should refer back to this table throughout the
year. To convert pounds to kilograms, divide the weight in pounds by
2.20462. The resulting quotient is the weight in kilograms. See
provisions at Sec. 660.130 for gear restrictions and requirements
by area. Vessels fishing groundfish trawl quota pounds with
groundfish non-trawl gears, under gear switching provisions at Sec.
660.140, are subject to the limited entry groundfish trawl fishery
landing allowances in this table, regardless of the type of fishing
gear used.
------------------------------------------------------------------------
Species Trip limit
------------------------------------------------------------------------
Big skate......................... Unlimited.
Blackgill rockfish................ Unlimited.
Cabezon........................... 50 lb/month.
California scorpionfish........... Unlimited.
Longnose skate.................... Unlimited.
Longspine thornyhead.............. 24,000 lb/2 months.
(south of 34[deg] 27' N lat.).....
Nearshore rockfish complex, 300 lb/month.
Washington black rockfish and
Oregon black/blue/deacon rockfish.
Other fish........................ Unlimited.
Pacific Spiny Dogfish............. 60,000 lb/month.
Pacific whiting--Midwater Trawl... During the primary whiting season:
allowed seaward of the Trawl RCA;
prohibited within and shoreward of
the Trawl RCA.
Pacific whiting--Large & Small Before the primary whiting season:
Footrope Gear. 20,000 lb/trip.
During the primary whiting season:
10,000 lb/trip.
After the primary whiting season:
10,000 lb/trip.
------------------------------------------------------------------------
0
24. Amend Sec. 660.230 by:
0
a. Revising paragraphs (a) and (b)(6)(i)(B);
0
b. Removing paragraph (d)(15); and
0
c. Redesignating paragraphs (d)(16) and (17) as paragraphs (d)(15) and
(16).
The revisions read as follows:
Sec. 660.230 Fixed gear fishery--management measures.
(a) General. Most species taken in limited entry fixed gear
(longline and pot/trap) fisheries will be managed with cumulative trip
limits (see trip limits in tables 2b (North) and 2b (South) of this
subpart), size limits (see Sec. 660.60(h)(5)), seasons (see trip
limits in tables 2b (North) and 2b (South) of this subpart and
sablefish primary season details in Sec. 660.231), gear restrictions
(see paragraph (b) of this section), and closed areas (see paragraph
(d) of this section and Sec. Sec. 660.70 through 660.79). Cowcod,
yelloweye, and California quillback rockfish retention is prohibited in
all fisheries, and groundfish vessels operating south of Point
Conception must adhere to GEA restrictions (see paragraph (d)(16) of
this section and Sec. 660.70). Regulations governing tier limits for
the limited entry fixed gear sablefish primary season north of 36[deg]N
lat. are found in Sec. 660.231. Vessels not participating in the
sablefish primary season are subject to daily or weekly sablefish
limits in addition to cumulative limits for each cumulative limit
period. Only one sablefish landing per week may be made in excess of
the daily trip limit and, if the vessel chooses to make a landing in
excess of that daily trip limit, then that is the only sablefish
landing permitted for that week. The trip limit for black rockfish
caught with hook-and-line gear also applies, see paragraph (e) of this
section. The trip limits in tables 2b (North) and 2b (South) of this
subpart apply to vessels participating in the limited entry groundfish
fixed gear fishery and may not be exceeded.
(b) * * *
(6) * * *
(i) * * *
(B) No more than four vertical mainlines attached to or fished from
the vessel (e.g., rod and reel) may be used in the water at one time.
* * * * *
0
25. Amend Sec. 660.231 by revising paragraphs (b)(3)(i) and (iv) 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
[[Page 70441]]
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 three 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 three 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 2025, the following annual limits
are in effect: Tier 1 at 246,824 lb (111,957 kg), Tier 2 at 112,193 lb
(50,890 kg), and Tier 3 at 64,110 lb (29,080 kg). In 2026 and beyond,
the following annual limits are in effect: Tier 1 at 234,312 lb
(106,282 kg), Tier 2 at 106,506 lb (48,310 kg), and Tier 3 at 60,860 lb
(27,606 kg).
* * * * *
(iv) Incidental Pacific halibut retention north of Pt. Chehalis, WA
(46[deg]53.30' N lat.). Pacific halibut may be retained north of Pt
Chehalis by vessels participating in the sablefish primary fishery with
the requisite Pacific halibut commercial fishery permit. Pacific
halibut incidentally caught in the primary sablefish fishery when using
bottom longline gear may be retained from April 1 through the Pacific
halibut commercial fishing closure date set by the International
Pacific Halibut Commission. Vessels permitted as described in this
section may possess and land up to 130 lb (59 kg) dressed weight of
Pacific halibut for every 1,000 lb (454 kg) dressed weight of sablefish
landed, plus two additional Pacific halibut. Pacific halibut retained
as described in this section may not be possessed or landed south of
Pt. Chehalis.
* * * * *
0
26. Amend Sec. 660.232 by revising paragraph (a)(3) to read as
follows:
Sec. 660.232 Limited entry daily trip limit (DTL) fishery for
sablefish.
(a) * * *
(3) Vessels registered for use with a limited entry fixed gear
permit that does not have a sablefish endorsement may fish in the
limited entry DTL fishery, consistent with regulations at Sec.
660.230, for as long as that fishery is open during the fishing year,
subject to routine management measures imposed under Sec. 660.60(c),
Subpart C. DTL limits for the limited entry fishery north and south of
36[deg] N lat. are provided in tables 2b (North) and 2b (South) of this
subpart.
* * * * *
Tables 2 (North) and 2 (South) to Part 660, Subpart E--[Removed]
0
27. Remove tables 2 (North) and 2 (South) to part 660, subpart E.
0
28. Add tables 2a (North), 2b (North), 2a (South), and 2b (South) to
part 660, subpart E to read as follows:
Table 2a (North) to Part 660, Subpart E--Non-Trawl Rockfish
Conservation Area Boundaries
Note 1 to table 2a (North): The Non-Trawl RCA is an area closed
to fishing with particular non-trawl gear types, as defined at Sec.
660.11. Non-Trawl RCA boundaries apply in the EEZ only; see
appropriate state regulations for state closures. Non-Trawl RCA
boundaries may be revised via inseason action; therefore, users
should refer back to this table throughout the year.
------------------------------------------------------------------------
Latitude Boundary
------------------------------------------------------------------------
North of 46[deg]16' N lat.:............ Shoreward EEZ-100 fm line.
46[deg]16' N lat.-42[deg]00' N lat..... 30 fm line-75 fm line.
42[deg]00' N lat.-40[deg]10' N lat..... Shoreward EEZ-75 fm line.
------------------------------------------------------------------------
Table 2b (North) to Part 660, Subpart E--Trip Limits for Limited Entry
Fixed Gear North of 40[deg]10' N Lat.
Note 1 to table 2b (North): Trip limits apply in the EEZ only;
see appropriate state regulations for state trip limits. Trip limits
are effective year-round unless otherwise specified for different
cumulative periods (defined at Sec. 660.11 under ``Trip limits'').
Trip limits are effective from the U.S.-Canada border to 40[deg]10'
N lat. unless otherwise specified via latitudinal or state
subdivisions in this table. Stock complexes are defined at Sec.
660.11 under ``Groundfish''. Trip limits may be revised via inseason
action; therefore, users should refer back to this table throughout
the year. To convert pounds to kilograms, divide the weight in
pounds by 2.20462. The resulting quotient is the weight in
kilograms.
------------------------------------------------------------------------
Species Trip Limit
------------------------------------------------------------------------
Big skate.............................. Unlimited.
Black rockfish (42[deg]00' N lat.- CLOSED.
40[deg]10' N lat.).
Cabezon (42[deg]00' N lat.-40[deg]10' N CLOSED.
lat.).
Cabezon/kelp greenling complex (Oregon) Unlimited.
Canary rockfish........................ 3,000 lb/2 months.
Flatfish (includes dover sole, 20,000 lb/2 months.
arrowtooth flounder, petrale sole,
English sole, starry flounder).
Lingcod (north of 42[deg]00' N lat.)... 11,000 lb/2 months.
Lingcod (42[deg]00' N lat.-40[deg]10' N 2,000 lb/2 months seaward of
lat.). the Non-Trawl RCA; CLOSED
inside the Non-Trawl RCA.
Longnose skate......................... Unlimited.
Longspine thornyheads.................. 10,000 lb/2 months.
Nearshore rockfish complex, Oregon 5,000 lb/2 months, no more than
black/blue/deacon rockfish, & 1,200 lb of which may be
Washington black rockfish (north of species other than black
42[deg]00' N lat.). rockfish or blue/deacon
rockfish
See Sec. 660.230(e) for
additional trip limits for
Washington black rockfish.
Nearshore rockfish complex............. CLOSED.
(42[deg]00' N lat.-40[deg]10' N lat.)..
Other fish............................. Unlimited.
Other flatfish complex (north of 20,000 lb/2 months.
42[deg]00' N lat.).
Other flatfish complex................. 20,000 lb/2 months seaward of
(42[deg]00' N lat.-40[deg]10' N lat.).. the Non-Trawl RCA; CLOSED
inside the Non-Trawl RCA.
[[Page 70442]]
Pacific cod............................ 1,000 lb/2 months.
Pacific ocean perch.................... 3,600 lb/2 months.
Pacific Spiny Dogfish.................. Periods 1-2: 200,000 lb/2
months
Period 3: 150,000 lb/2 months
Periods 4-6: 100,000 lb/2
months.
Pacific whiting........................ 10,000 lb per trip.
Quillback rockfish..................... CLOSED.
(42[deg]00' N lat.-40[deg]10' N lat.)..
Sablefish.............................. 4,500 lb/week
not to exceed 9,000 lb/2
months.
Shelf rockfish complex................. 1,600 lb/2 months.
Shortspine thornyhead.................. 3,000 lb/2 months.
Slope rockfish complex & darkblotched 8,000 lb/2 months.
rockfish.
Widow rockfish......................... 4,000 lb/2 months.
Yelloweye rockfish..................... CLOSED.
Yellowtail rockfish.................... 6,000 lb/2 months.
------------------------------------------------------------------------
Table 2a (South) to Part 660, Subpart E--Non-Trawl Rockfish
Conservation Area Boundaries
Note 1 to table 2a (South): The Non-Trawl RCA is an area closed
to fishing with particular non-trawl gear types, as defined at Sec.
660.11. Non-Trawl RCA boundaries apply in the EEZ only; see
appropriate state regulations for state closures. Non-Trawl RCA
boundaries may be revised via inseason action; therefore, users
should refer back to this table throughout the year.
------------------------------------------------------------------------
Latitude Boundary
------------------------------------------------------------------------
40[deg]10' N lat.-37[deg] 07' N lat.... Shoreward EEZ-75 fm line.
37[deg] 07' N lat.-34[deg] 27' N lat... 50 fm line-75 fm line.
South of 34[deg] 27' N lat............. 100 fm line-150 fm line (also
applies around islands and
banks).
------------------------------------------------------------------------
Table 2b (South) to Part 660, Subpart E--Trip Limits for Limited Entry
Fixed Gear South of 40[deg]10' N Lat.
Note 1 to table 2b (South): Trip limits apply in the EEZ only;
see appropriate state regulations for state trip limits. Trip limits
are effective year-round unless otherwise specified for different
cumulative periods (defined at Sec. 660.11 under ``Trip limits'').
Trip limits are effective from 40[deg]10' N lat. to the U.S.-Mexico
border unless otherwise specified via latitudinal or state
subdivisions in this table. Stock complexes are defined at Sec.
660.11 under ``Groundfish''. Trip limits may be revised via inseason
action; therefore, users should refer back to this table throughout
the year. To convert pounds to kilograms, divide the weight in
pounds by 2.20462. The resulting quotient is the weight in
kilograms.
------------------------------------------------------------------------
Species Trip limit
------------------------------------------------------------------------
Big skate.............................. Unlimited.
Bocaccio............................... 8,000 lb/2 months.
Bronzespotted rockfish................. CLOSED.
Cabezon (40[deg]10' N lat.-36[deg] N CLOSED.
lat.).
Cabezon (south of 36[deg] N lat.)...... Unlimited.
California scorpionfish................ 3,500 lb/2 months.
Canary rockfish........................ 3,500 lb/2 months.
Chilipepper rockfish (40[deg]10' N lat.- 10,000 lb/2 months.
34[deg] 27' N lat.).
Chilipepper rockfish (south of 34[deg] 8,000 lb/2 months.
27' N lat.).
Cowcod................................. CLOSED.
Flatfish (includes dover sole, 20,000 lb/2 months.
arrowtooth flounder, petrale sole,
English sole, starry flounder).
Lingcod (40[deg]10' N lat.-37[deg] 07' 1,600 lb/2 months seaward of
N lat.). the Non-Trawl RCA; 0 lb/2
months inside of the Non-Trawl
RCA.
Lingcod (south of 37[deg] 07' N lat.).. 1,600 lb/2 months.
Longnose skate......................... Unlimited.
Longspine thornyhead (south of 34[deg] 10,000 lb/2 months.
27' N lat.).
Nearshore rockfish complexes:
Shallow nearshore rockfish complex CLOSED.
(40[deg]10' N lat.-36[deg] N lat.).
Shallow nearshore rockfish complex 2,000 lb/2 months.
(south of 36[deg] N lat.).
Deeper nearshore rockfish complex CLOSED.
(40[deg]10' N lat.-36[deg] N lat.).
Deeper nearshore rockfish complex 2,000 lb/2 months, of which no
(south of 36[deg] N lat.). more than 75 lb may be copper
rockfish.
Other fish............................. Unlimited.
Other flatfish complex (40[deg]10' N 20,000 lb/2 months seaward of
lat.-37[deg] 07' N lat.). the Non-Trawl RCA; CLOSED
inside of the Non-Trawl RCA.
Other flatfish complex (south of 20,000 lb/2 months.
37[deg] 07' N lat.).
Pacific cod............................ 1,000 lb/2 months.
[[Page 70443]]
Pacific Spiny Dogfish.................. Periods 1-2: 200,000 lb/2
months.
Period 3: 150,000 lb/2 months.
Periods 4-6: 100,000 lb/2
months.
Pacific whiting........................ 10,000 lb per trip.
Quillback rockfish..................... CLOSED.
Sablefish (40[deg]10' N lat.-36[deg] N 4,500 lb/week not to exceed
lat.). 9,000 lb/2 months.
Sablefish (south of 36[deg] N lat.).... 2,500 lb/2 months.
Shelf rockfish complex (40[deg]10' N 6,000 lb per 2 months, of which
lat.-37[deg] 07' N lat.); excludes no more than 500 lb may be
bronzespotted rockfish.. vermilion/sunset rockfish.
Shelf rockfish complex (37[deg] 07' N 8,000 lb per 2 months, of which
lat.-34[deg] 27' N lat.); excludes no more than 500 lb may be
bronzespotted rockfish.. vermilion/sunset rockfish.
Shelf rockfish complex (south of 5,000 lb per 2 months, of which
34[deg] 27' N lat.); excludes no more than 3,000 lb may be
bronzespotted rockfish. vermilion/sunset rockfish.
Shortspine thornyhead (40[deg] 10' N 3,000 lb/2 months.
lat.-34[deg] 27' N Lat.).
Slope rockfish complex & darkblotched 40,000 lb/2 months, of which no
rockfish. more than 6,000 lb may be
blackgill rockfish.
Splitnose rockfish..................... 40,000 lb/2 months.
Widow rockfish (40[deg]10' N lat.- 10,000 lb/2 months.
34[deg] 27' N lat.).
Widow rockfish (south of 34[deg] 27' N 8,000 lb/2 months.
lat.).
Yelloweye rockfish..................... CLOSED.
------------------------------------------------------------------------
0
29. Amend Sec. 660.312 by adding paragraph (a)(6) to read as follows:
Sec. 660.312 Open access fishery--prohibitions.
* * * * *
(a) * * *
(6) Take and retain, possess, or land groundfish in the directed
open access fishery without having a valid directed open access permit
for the vessel.
* * * * *
0
30. Amend Sec. 660.330 by:
0
a. Revising paragraphs (a), (b)(3) introductory text, and (b)(3)(i)(B)
and (C);
0
b. Removing paragraph (d)(17); and
0
c. Redesignating paragraphs (d)(18) and (19) as paragraphs (d)(17) and
(18).
The revisions read as follows:
Sec. 660.330 Open access fishery--management measures.
(a) General. Groundfish species taken in open access fisheries will
be managed with cumulative trip limits (see trip limits in tables 3b
(North) and 3b (South) of this subpart), size limits (see Sec.
660.60(h)(5)), seasons (see seasons in tables 3a (North) and 3a (South)
of this subpart), gear restrictions (see paragraph (b) of this
section), and closed areas (see paragraph (d) of this section and
Sec. Sec. 660.70 through 660.79). Unless otherwise specified, a vessel
operating in the open access fishery is subject to, and must not
exceed, any trip limit, frequency limit, and/or size limit for the open
access fishery. Retention of cowcod, yelloweye rockfish, and quillback
rockfish off California is prohibited in all fisheries, and groundfish
vessels operating south of Point Conception must adhere to GEA
restrictions (see paragraph (d)(18) of this section and Sec. 660.70).
For information on the open access daily/weekly trip limit fishery for
sablefish, see Sec. 660.332 and the trip limits in tables 3b (North)
and 3b (South) of this subpart. Open access vessels are subject to
daily or weekly sablefish limits in addition to cumulative limits for
each cumulative limit period. Only one sablefish landing per week may
be made in excess of the daily trip limit and, if the vessel chooses to
make a landing in excess of that daily trip limit, then that is the
only sablefish landing permitted for that week. The trip limit for
black rockfish caught with hook-and-line gear also applies (see
paragraph (e) of this section).
(b) * * *
(3) Gear for use inside the Non-Trawl RCA. Inside the Non-Trawl
RCA, only legal non-bottom contact hook-and-line gear configurations
may be used for target fishing for groundfish by vessels that
participate in the directed open access sector as defined at Sec.
660.11. Vessels must be registered to a valid directed open access
permit as defined at Sec. 660.25(i). On a fishing trip where any
fishing will occur inside the Non-Trawl RCA, only one type of legal
non-bottom contact gear may be carried on board, and no other fishing
gear of any type may be carried on board or stowed during that trip.
The vessel may fish inside and outside the Non-Trawl RCA on the same
fishing trip, provided a valid declaration report as required at Sec.
660.13(d) has been filed with NMFS OLE. Legal non-bottom contact hook-
and-line gear means stationary vertical jig gear not anchored to the
bottom, and groundfish troll gear, subject to the specifications in
paragraphs (b)(3)(i) and (ii) of this section.
(i) * * *
(B) No more than four vertical mainlines attached to or fished from
the vessel (e.g., rod & reel) may be used in the water at one time.
(C) No more than 100 hooks may be in the water at one time, with no
more than 25 extra hooks on board the vessel.
* * * * *
0
31. Amend Sec. 660.332 by revising paragraph (b)(1) to read as
follows:
Sec. 660.332 Open access daily trip limit (DTL) fishery for
sablefish.
* * * * *
(b) * * *
(1) Daily and/or weekly trip limits for the open access fishery
north and south of 36[deg] N lat. are provided in tables 3b (North) and
3b (South) of this subpart.
* * * * *
32. Amend Sec. 660.333 by revising paragraph (a), redesignating
paragraph (e) as paragraph (g), and adding new paragraph (e) and
paragraphs (f), (h), and (i).
The revision and additions read as follows:
Sec. 660.333 Open access non-groundfish trawl fishery--management
measures.
(a) General. This section describes management measures for vessels
that take groundfish incidentally with non-groundfish trawl gear,
including vessels engaged in fishing for pink shrimp, ridgeback prawns,
California halibut, or sea cucumbers.
* * * * *
(e) Non-Trawl Rockfish Conservation Area restrictions for the
ridgeback prawn, California halibut, and sea cucumber fisheries. (1)
40[deg] 10' N lat.-38.00[deg] N lat.: 100 fm to 150 fm during Periods 1
and 6; 100 fm to 150 fm during Periods 2, 3, 4, and 5.
(2) 38.00[deg] N lat.-34[deg] 27 N lat.: 100 fm to 150 fm
(3) South of 34[deg] 27 N lat.: 100 fm to 150 fm
[[Page 70444]]
(f) Trip Limits for the ridgeback prawn, California halibut, and
sea cucumber fisheries. Groundfish. 300 lb (136 kg) per trip. Species-
specific limits described in table 3b South also apply and are counted
toward the 300 lb (136 kg) groundfish per trip limit. The amount of
groundfish landed may not exceed the amount of the target species
landed, except that the amount of Pacific spiny dogfish landed may
exceed the amount of target species landed. Pacific spiny dogfish are
limited by the 300 lb (136 kg)/trip overall groundfish limit. The daily
trip limits for sablefish coastwide and thornyheads south of Pt.
Conception and the overall groundfish ``per trip'' limit may not be
multiplied by the number of days of the trip. Vessels participating in
the California halibut fishery south of 38[deg]57.50' N lat. are
allowed to:
(1) Land up to 100 lb (45 kg) per day of groundfish without the
ratio requirement, provided that at least one California halibut is
landed; and
(2) Land up to 3,000 lb (1,361 kg) per month of flatfish, no more
than 300 lb (136 kg) of which may be species other than Pacific
sanddabs, sand sole, starry flounder, rock sole, curlfin sole, or
California scorpionfish (California scorpionfish is also subject to the
trip limits and closures in table 3b South).
* * * * *
(h) Management measures for the pink shrimp fishery north of
40[deg] 10' N lat. Effective April 1-October 31: Groundfish: 500 lb
(227 kg)/day, multiplied by the number of days of the trip, not to
exceed 1,500 lb (680 kg)/trip. The following sublimits also apply and
are counted toward the overall 500 lb (227 kg)/day and 1,500 lb (680
kg)/trip groundfish limits: lingcod 300 lb (136 kg)/month (minimum 24-
inch (0.61 cm) size limit); sablefish 2,000 lb (907 kg)/month; canary,
thornyheads, and yelloweye rockfish are PROHIBITED. All other
groundfish species taken are managed under the overall 500 lb (227 kg)/
day and 1,500 lb (680 kg)/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.
(i) Management measures for the pink shrimp fishery south of
40[deg] 10' N lat. Effective April 1-October 31: Groundfish: 500 lb
(227 kg)/day, multiplied by the number of days of the trip, not to
exceed 1,500 lb (680 kg)/trip. The following sublimits also apply and
are counted toward the overall 500 lb (227 kg)/day and 1,500 lb (680
kg)/trip groundfish limits: lingcod 300 lb (136 kg)/month (minimum 24-
inch (0.61 cm) size limit); sablefish 2,000 lb (907 kg)/month; canary
rockfish, thornyheads, and yelloweye rockfish are PROHIBITED. All other
groundfish species taken are managed under the overall 500 lb (227 kg)/
day and 1,500 lb (680 kg)/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.
0
33. Add Sec. 660.334 to read as follows:
Sec. 660.334 Open access non-groundfish salmon troll fishery--
management measures.
(a) General. This section includes management measures applicable
to vessels that incidentally take and retain groundfish while
participating in the West Coast salmon fishery under the regulations at
part 660, subpart H (herein referred to as ``salmon troll fishery'').
All salmon troll vessels that take and retain groundfish species are
subject to the open access trip limits, seasons, size limits, and Non-
Trawl RCA restrictions listed in tables 3a (North), 3b (North), 3a
(South), and 3b (South) to this subpart, unless otherwise stated in
this section.
(b) Trip limits. (1) In the area north of 40[deg] 10' N lat.,
salmon trollers may retain and land up to 500 lb (227 kg) of yellowtail
rockfish per month as long as salmon is on board, both within and
outside of the Non-Trawl RCA. Salmon trollers may retain and land up to
1 lingcod per 2 Chinook per trip, plus 1 lingcod per trip, up to a trip
limit of 10 lingcod, on a trip where any fishing occurs within the Non-
Trawl RCA. The lingcod limit only applies during times when lingcod
retention is allowed and is not ``CLOSED''. These limits are within the
limits described in table 3b (North), and not in addition to those
limits.
(2) In the area south of 40[deg] 10' N lat., salmon trollers may
retain and land up to 1 lb (0.45 kg) of yellowtail rockfish for every 2
lb (0.90 kg) of Chinook salmon landed, with a cumulative limit of 200
lb (91 kg)/month, both within and outside of the Non-Trawl RCA. This
limit is within the trip limits for shelf rockfish, 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 tables 3a
(South) and 3b (South) to this subpart, unless otherwise stated here.
Tables 3 (North) and 3 (South) to Part 660, Subpart F--[Removed]
0
34. Remove tables 3 (North) and 3 (South) to part 660, subpart F.
0
35. Add tables 3a (North), 3b (North), 3a (South), and 3b (South) to
part 660, subpart F to read as follows:
Table 3a (North) to Part 660, Subpart F--Non-Trawl Rockfish
Conservation Area Boundaries
Note 1 to table 3a (North): The Non-Trawl RCA is an area closed
to fishing with particular non-trawl gear types, as defined at Sec.
660.11. Non-Trawl RCA boundaries apply in the EEZ only; see
appropriate state regulations for state closures. Non-Trawl RCA
boundaries may be revised via inseason action; therefore, users
should refer back to this table throughout the year.
------------------------------------------------------------------------
Latitude Boundary
------------------------------------------------------------------------
North of 46[deg]16' N lat.............. Shoreward EEZ-100 fm line.
46[deg]16' N lat.-42[deg]00' N lat..... 30 fm line-75 fm line.
42[deg]00' N lat.-40[deg]10' N lat..... Shoreward EEZ-75 fm line.
------------------------------------------------------------------------
Table 3b (North) to Part 660, Subpart F--Trip Limits for Open Access
North of 40[deg]10' N Lat.
Note 1 to table 3b (North): Trip limits apply in the EEZ only;
see appropriate state regulations for state trip limits. Trip limits
are effective year-round unless otherwise specified for different
cumulative periods (defined at Sec. 660.11 under ``Trip limits'').
Trip limits are effective from the U.S.-Canada border to 40[deg]10'
N lat. unless otherwise specified via latitudinal or state
subdivisions in this table. Stock complexes are defined at Sec.
660.11 under ``Groundfish''. Trip limits may be revised via inseason
action; therefore, users should refer back to this table throughout
the year. To convert pounds to kilograms, divide the weight in
pounds by 2.20462. The resulting quotient is the weight in
kilograms.
------------------------------------------------------------------------
Species Trip limit
------------------------------------------------------------------------
Big skate.............................. Unlimited.
Black rockfish (42[deg]00' N Lat.- CLOSED.
40[deg]10' N Lat.).
Cabezon (42[deg]00' N Lat.-40[deg]10' N CLOSED.
Lat.).
Cabezon/kelp greenling complex (Oregon) Unlimited.
[[Page 70445]]
Canary rockfish........................ 1,000 lb/2 months.
Flatfish (includes dover sole, 10,000 lb/2 months.
arrowtooth flounder, petrale sole,
English sole, starry flounder).
Lingcod (north of 42[deg]00' N Lat.)... 9,000 lb/2 months.
Lingcod (42[deg]00' N Lat.-40[deg]10' N 2,000 lb/2 months seaward of
Lat.). the Non-Trawl RCA; CLOSED
inside the Non-Trawl RCA.
Longnose skate......................... Unlimited.
Longspine thornyheads.................. 100 lb/2 months.
Nearshore rockfish complex, Oregon 5,000 lb/2 months no more than
black/blue/deacon rockfish, & 1,200 lb of which may be
Washington black rockfish (north of species other than black
42[deg]00' N Lat.). rockfish or blue/deacon
rockfish.
See Sec. 660.330(e) for
additional trip limits for
Washington black rockfish.
Nearshore rockfish complex (42[deg]00' CLOSED.
N Lat.-40[deg]10' N Lat.).
Other fish............................. Unlimited.
Other flatfish complex (north of 10,000 lb/2 months.
42[deg]00' N Lat.).
Other flatfish complex (42[deg]00' N 10,000 lb/2 months seaward of
Lat.-40[deg]10' N Lat.). the Non-Trawl RCA; 0 lb/2
months inside the Non-Trawl
RCA.
Pacific cod............................ 1,000 lb/2 months.
Pacific ocean perch.................... 200 lb/2 months.
Pacific Spiny Dogfish.................. Periods 1-2: 200,000 lb/2
months.
Period 3: 150,000 lb/2 months.
Periods 4-6: 100,000 lb/2
months.
Pacific whiting........................ 600 lb/2 months.
Quillback rockfish (42[deg]00' N lat.- CLOSED.
40[deg]10' N lat.).
Sablefish.............................. 3,250 lb/week not to exceed
6,500 lb/2 months.
Shelf rockfish complex (north of 1,600 lb/2 months.
42[deg]00' N Lat.).
Shelf rockfish complex (42[deg]00' N 1,200 lb per 2 months.
lat.-40[deg]10' N lat.).
Shortspine thornyhead.................. 100 lb/2 months.
Slope rockfish complex & darkblotched 4,000 lb/2 months.
rockfish.
Widow rockfish......................... 2,000 lb/2 months.
Yelloweye rockfish..................... CLOSED.
Yellowtail rockfish.................... 3,000 lb/2 months.
Salmon Troll........................... See Sec. 660.334(b)(1).
Pink Shrimp non-groundfish trawl....... See Sec. 660.333(g) and (h).
------------------------------------------------------------------------
Table 3a (South) to Part 660, Subpart F--Non-Trawl Rockfish
Conservation Area Boundaries
Note 1 to table 3a (South): The Non-Trawl RCA is an area closed
to fishing with particular non-trawl gear types, as defined at Sec.
660.11. Non-Trawl RCA boundaries apply in the EEZ only; see
appropriate state regulations for state closures. Non-Trawl RCA
boundaries may be revised via inseason action; therefore, users
should refer back to this table throughout the year.
------------------------------------------------------------------------
Latitude Boundary
------------------------------------------------------------------------
40[deg]10' N lat.-37[deg]07' N lat..... Shoreward EEZ-75 fm line.
37[deg]07' N lat.-34[deg]27' N lat..... 50 fm line-75 fm line.
South of 34[deg]27' N lat.............. 100 fm line-150 fm line (also
applies around islands and
banks).
------------------------------------------------------------------------
Table 3b (South) to Part 660, Subpart F--Trip Limits for Open Access
South of 40[deg]10' N Lat.
Note 1 to table 3b (South): Trip limits apply in the EEZ only;
see appropriate state regulations for state trip limits. Trip limits
are effective year-round unless otherwise specified for different
cumulative periods (defined at Sec. 660.11 under ``Trip limits'').
Trip limits are effective from 40[deg]10' N lat. to the U.S.-Mexico
border unless otherwise specified via latitudinal or state
subdivisions in this table. Stock complexes are defined at Sec.
660.11 under ``Groundfish''. Trip limits may be revised via inseason
action; therefore, users should refer back to this table throughout
the year. To convert pounds to kilograms, divide the weight in
pounds by 2.20462. The resulting quotient is the weight in
kilograms.
------------------------------------------------------------------------
Species Trip limit
------------------------------------------------------------------------
Big skate.............................. Unlimited.
Bocaccio............................... 6,000 lb/2 months.
Bronzespotted rockfish................. CLOSED.
Cabezon (40[deg]10' N lat.-36[deg] N CLOSED.
lat.).
Cabezon (south of 36[deg] N lat.)...... Unlimited.
California scorpionfish................ 3,500 lb/2 months.
Canary rockfish........................ 1,500 lb/2 months.
Chilipepper rockfish (40[deg]10' N lat.- 6,000 lb/2 months.
34[deg] 27' N lat.).
Chilipepper rockfish (south of 34[deg] 4,000 lb/2 months.
27' N lat.).
Cowcod................................. CLOSED.
Flatfish (includes Dover sole, 10,000 lb/2 months.
arrowtooth flounder, petrale sole,
English sole, starry flounder).
Lingcod (40[deg]10' N lat.-37[deg] 07' 1,400 lb/2 months seaward of
N lat.). the Non-Trawl RCA; CLOSED
inside of the Non-Trawl RCA.
Lingcod (south of 37[deg] 07' N lat.).. 1,400 lb/2 months.
Longnose skate......................... Unlimited.
Longspine thornyhead (40[deg] 10' to 100 lb/2 months.
34[deg] 27' N lat.).
Nearshore rockfish complexes:
[[Page 70446]]
Shallow nearshore rockfish CLOSED.
(40[deg]10' N lat.-36[deg] N lat.).
Shallow nearshore rockfish (south 2,000 lb/2 months.
of 36[deg] N lat.).
Deeper nearshore rockfish CLOSED.
(40[deg]10' N lat.-36[deg] N lat.).
Deeper nearshore rockfish (south of 2,000 lb/2 months, of which no
36[deg] N lat.). more than 75 lb may be copper
rockfish.
Other fish (defined at Sec. 660.11).. Unlimited.
Other flatfish complex (defined at Sec. 40[deg]10' N lat.-37[deg] 07' N
660.11). lat.: 10,000 lb/2 months
seaward of the Non-Trawl RCA;
CLOSED inside of the Non-Trawl
RCA.
South of 37[deg] 07' N lat.:
10,000 lb/2 months.
Pacific cod............................ 1,000 lb/2 months.
Pacific Spiny Dogfish.................. Periods 1-2: 200,000 lb/2
months.
Period 3: 150,000 lb/2 months.
Periods 4-6: 100,000 lb/2
months.
Pacific whiting........................ 600 lb/2 months.
Quillback rockfish..................... CLOSED.
Sablefish (40[deg]10' N lat.-36[deg] N 3,000 lb/week not to exceed
lat.). 9,000 lb/2 months.
Sablefish (south of 36[deg] N lat.).... 2,000 lb/week not to exceed
6,000 lb/2 months.
Shelf rockfish complex (40[deg]10' N 3,000 lb per 2 months, of which
lat.-37[deg] 07' N lat.); excludes no more than 300 lb may be
bronzespotted rockfish. vermilion/sunset rockfish.
Shelf rockfish complex (37[deg] 07' N 4,000 lb per 2 months, of which
lat.-34[deg] 27' N lat.); excludes no more than 300 lb may be
bronzespotted rockfish. vermilion/sunset rockfish.
Shelf rockfish complex (south of 3,000 lb per 2 months, of which
34[deg] 27' N lat.); excludes no more than 900 lb may be
bronzespotted rockfish. vermilion/sunset rockfish.
Shortspine thornyhead (40[deg] 10' N 100 lb/2 months.
lat.-34[deg] 27' N lat.).
Shortspine thornyhead and longspine 100 lb/day, no more than 1,000
thornyhead (south of 34[deg] 27' N lb/2 months for all periods.
lat.).
Slope rockfish complex & darkblotched 10,000 lb/2 months, of which no
rockfish. more than 2,500 lb may be
blackgill rockfish.
Splitnose rockfish..................... 400 lb/2 months.
Widow rockfish (40[deg]10' N lat.- 6,000 lb/2 months.
34[deg] 27' N lat.).
Widow rockfish (south of 34[deg] 27' N 4,000 lb/2 months.
lat.).
Yelloweye rockfish..................... CLOSED.
Salmon Troll........................... See Sec. 660.334(b)(2).
Ridgeback Prawn, California halibut, See Sec. 660.333(e) and (f).
and sea cucumber.
Pink Shrimp............................ See Sec. 660.333(g) and (i).
------------------------------------------------------------------------
0
36. Amend Sec. 660.351 by revising the definition of ``Boat limit''
and adding in alphabetical order a definition for ``Descending device''
to read as follows:
Sec. 660.351 Recreational fishery--definitions.
* * * * *
Boat limit means the number of fish available for a vessel or boat.
Descending device means an instrument capable of releasing a fish
at the depth from which the fish was caught.
* * * * *
0
37. Amend Sec. 660.352 by adding paragraph (c) to read as follows:
Sec. 660.352 Recreational fishery--prohibitions.
* * * * *
(c) Fail to have at least one functional descending device on board
ready for immediate use during a groundfish recreational fishing trip.
0
38. Amend Sec. 660.360 by:
0
a. Adding paragraph (b)(1) and a reserved paragraph (b)(2);
0
b. Revising paragraph (c)(1) introductory text, table 1 to paragraph
(c)(1)(i)(D), paragraphs (c)(1)(ii) through (iv) and (c)(2)(iii)(A)
through (C);
0
c. Redesignating paragraphs (c)(2)(iii)(D) and (E) as paragraphs
(c)(2)(iii)(E) and (F);
0
d. Adding new paragraph (c)(2)(iii)(D);
0
e. Revising paragraph (c)(3)(i)(A);
0
f. Removing paragraph (c)(3)(ii)(C);
0
g. Redesignating paragraph (c)(3)(ii)(D) as paragraph (c)(3)(ii)(C) and
revising it;
0
h. Revising paragraph (c)(3)(iii)(D);
0
i. Removing paragraph (c)(3)(v)(C); and
0
j. Redesignating paragraph (c)(3)(v)(D) as paragraph (c)(3)(v)(C) and
revising it.
The revisions and additions read as follows:
Sec. 660.360 Recreational fishery--management measures.
* * * * *
(b) * * *
(1) All vessels participating in the groundfish recreational
fishery seaward of California, Oregon, or Washington must carry on
board one functional descending device as defined at Sec. 660.351. The
descending device must be available for immediate use and be available
to present to an enforcement officer upon request.
(2) [Reserved]
(c) * * *
(1) Washington. For each person engaged in recreational fishing off
the coast of Washington, the groundfish bag limit is nine groundfish
per day, including rockfish, cabezon, and lingcod. Within the
groundfish bag limit, there are sub-limits for rockfish, lingcod, and
cabezon outlined in paragraph (c)(1)(i)(D) of this section. In addition
to the groundfish bag limit of nine, there will be a flatfish limit of
five fish, not to be counted towards the groundfish bag limit but in
addition to it. The recreational groundfish fishery will open the
second Saturday in March through the third Saturday in October for all
species. In the Pacific halibut fisheries, retention of groundfish is
governed in part by annual management measures for Pacific halibut
fisheries, which are published in the Federal Register. The following
seasons, closed areas, sub-limits, and size limits apply:
(i) * * *
(D) * * *
BILLING CODE 3510-22-P
[[Page 70447]]
[GRAPHIC] [TIFF OMITTED] TP29AU24.021
BILLING CODE 3510-22-C
(ii) Rockfish. In areas of the EEZ seaward of Washington
(Washington Marine Areas 1-4) that are open to recreational groundfish
fishing, there is a seven rockfish per day bag limit, including a sub-
bag limit of five canary rockfish. Taking and retaining yelloweye
rockfish is prohibited in all Marine Areas.
(iii) Cabezon. In areas of the EEZ seaward of Washington
(Washington Marine Areas 1-4) that are open to recreational groundfish
fishing, there is a one cabezon per day bag limit.
(iv) Lingcod. In areas of the EEZ seaward of Washington (Washington
Marine Areas 1-4) that are open to recreational groundfish fishing and
when the recreational season for lingcod is open, there is a bag limit
of two lingcod per day. The recreational fishing seasons for lingcod is
open from the second Saturday in March through the third Saturday in
October.
(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 with a sub-bag limit of 5 fish per day for canary
rockfish. 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
(e.g., herring, smelt, anchovies, and sardines). The minimum size for
cabezon retained in the Oregon recreational fishery is 16 in (41 cm)
total length.
(B) Lingcod. There is a three fish limit per day. The minimum size
for lingcod retained in the Oregon recreational fishery is 22 in (56
cm) total length. For vessels using long-leader gear (as defined in
Sec. 660.351) and fishing inside the Recreational RCA, possession of
lingcod is prohibited.
(C) Flatfish. There is a 25 fish limit per day for all flatfish,
excluding Pacific halibut, but including all soles, flounders, and
Pacific sanddabs.
(D) Sablefish. There is a 10 fish limit per day.
* * * * *
(3) * * *
(i) * * *
(A) Recreational rockfish conservation areas. The recreational RCAs
are areas
[[Page 70448]]
that are closed to recreational fishing for certain groundfish. Fishing
for the California rockfish, cabezon, greenling complex (RCG Complex),
as defined in paragraph (c)(3)(ii) of this section, and lingcod with
recreational gear, is prohibited within the Recreational RCA. It is
unlawful to take and retain, possess, or land the RCG Complex and
lingcod taken with recreational gear within the Recreational RCA,
unless otherwise authorized in this section. A vessel fishing in the
Recreational RCA may not be in possession of any species prohibited by
the restrictions that apply within the Recreational RCA. For example,
if a vessel fishes in the recreational salmon fishery within the
Recreational RCA, the vessel cannot be in possession of the RCG Complex
and lingcod while in the Recreational RCA. The vessel may, however, on
the same trip fish for and retain rockfish shoreward of the
Recreational RCA on the return trip to port. If the season is closed
for a species or species group, fishing for that species or species
group is prohibited both within the Recreational RCA and outside of the
Recreational RCA, unless otherwise authorized in this section. In times
and areas where a Recreational RCA is closed shoreward of a
Recreational RCA line (i.e., when an ``off-shore only'' fishery is
active in that management area) vessels may stop, anchor in, or transit
through waters shoreward of the Recreational RCA line so long as they
do not have any hook-and-line fishing gear in the water. Coordinates
approximating boundary lines at the 30 fm (55 m) through 100 fm (183 m)
depth contours can be found at Sec. Sec. 660.71 through 660.73. The
recreational fishing season structure and RCA depth boundaries seaward
of California by management area and month are as follows:
* * * * *
(ii) * * *
(C) Dressing/fileting. Each RCG Complex filet must have the entire
skin attached.
(iii) * * *
(D) Dressing/fileting. Lingcod filets may be no smaller than 14 in
(36 cm) in length. Each lingcod filet must have the entire skin
attached.
* * * * *
(v) * * *
(C) Dressing/fileting. Each California scorpionfish filet must have
the entire skin attached.
* * * * *
0
39. Amend Sec. 660.604 by revising paragraph (p)(4)(i) introductory
text to read as follows:
Sec. 660.604 Vessel and first receiver responsibilities.
* * * * *
(p) * * *
(4) * * *
(i) The vessel must retain IFQ species (as defined at Sec.
660.140(c)), except for Arrowtooth flounder, English sole, Dover sole,
deep sea sole, Pacific sanddab, Pacific whiting, lingcod, sablefish,
starry flounder, and rex sole; must retain salmon and eulachon; and
must retain the following non-IFQ species: Greenland turbot, slender
sole, hybrid sole, c-o sole, bigmouth sole, fantail sole, hornyhead
turbot, spotted turbot, northern rockfish, black rockfish, blue
rockfish, shortbelly rockfish, olive rockfish, Puget Sound rockfish,
semaphore rockfish, walleye pollock, slender codling, and Pacific tom
cod, with exceptions listed in paragraphs (p)(4)(i)(A) and (B) of this
section.
* * * * *
[FR Doc. 2024-17651 Filed 8-26-24; 4:15 pm]
BILLING CODE 3510-22-P