Magnuson-Stevens Act Provisions; Fisheries Off West Coast States; Pacific Coast Groundfish Fishery; Pacific Coast Groundfish Fishery Management Plan; Amendment 34; Groundfish Exclusion Area for Coral Research and Restoration, 84511-84514 [2024-24556]

Agencies

• DEPARTMENT OF COMMERCE
• National Oceanic and Atmospheric Administration

[Federal Register Volume 89, Number 205 (Wednesday, October 23, 2024)]
[Proposed Rules]
[Pages 84511-84514]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-24556]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 660

[Docket No. 241018-0275]
RIN 0648-BN15


Magnuson-Stevens Act Provisions; Fisheries Off West Coast States; 
Pacific Coast Groundfish Fishery; Pacific Coast Groundfish Fishery 
Management Plan; Amendment 34; Groundfish Exclusion Area for Coral 
Research and Restoration

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

ACTION: Proposed rule; request for comments.

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SUMMARY: NMFS issues these proposed regulations to implement amendment 
34 to the Pacific Coast Groundfish Fishery Management Plan (Groundfish 
FMP). The proposed regulations include a closure to commercial 
groundfish bottom contact gear in Monterey Bay National Marine 
Sanctuary (MBNMS). Specifically, NMFS proposes to implement a new 
groundfish exclusion area (GEA) for the purposes of coral research and 
restoration within MBNMS at the site of Sur Ridge. The purpose of this 
proposed action is to close the Sur Ridge site within the MBNMS off 
California to commercial groundfish bottom contact gear in order to 
protect future deep-sea coral research and restoration projects from 
the impact of fishing gear. The Office of National Marine Sanctuaries 
(ONMS) conducts scientific research in National Marine Sanctuaries, 
including on deep sea coral survival, growth and reproduction, under 
the National Marine Sanctuaries Act (NMSA) and the Magnuson-Stevens 
Fishery Conservation and Management Act (Magnuson-Stevens Act).

DATES: Comments on this proposed rule must be received on or before 
November 22, 2024.

ADDRESSES: A plain language summary of this proposed rule is available 
at https://www.regulations.gov/docket/NOAA-NMFS-2024-0081. You may 
submit comments on this document, identified by NOAA-NMFS-2024-0081, by 
the following method:
     Electronic Submission: Submit all electronic public 
comments via the Federal e-Rulemaking Portal. Go to https://www.regulations.gov and type NOAA-NMFS-2024-0081 in the Search box. 
Click on the ``Comment'' icon, complete the required fields, and enter 
or attach your comments.
    Instructions: 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 by NMFS. All comments received are a part of the 
public record and will generally be posted for public viewing on 
https://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 will be publicly accessible. NMFS will accept anonymous 
comments (enter ``N/A'' in the required fields if you wish to remain 
anonymous).
    Electronic copies of proposed amendment 34 and the draft analysis 
that addresses Presidential Executive Order 12866, the Regulatory 
Flexibility Act (RFA), and the statutory requirements of the Magnuson-
Stevens Act (the Analysis), may be obtained from https://www.regulations.gov and the NMFS West Coast Region website at https://www.fisheries.noaa.gov/region/west-coast.

FOR FURTHER INFORMATION CONTACT: Megan Mackey, 206-526-6140, 
[email protected].

SUPPLEMENTARY INFORMATION: The Pacific Coast groundfish fishery in the 
U.S. exclusive economic zone (EEZ) seaward of Washington, Oregon, and 
California is managed under the Groundfish FMP. The Council developed 
the Groundfish FMP pursuant to the Magnuson-Stevens Act, 16 U.S.C. 1801 
et seq. The Secretary of Commerce approved the Groundfish FMP and 
implemented the provisions of the plan at 50 CFR part 660, subparts C 
through G. Species managed under the Groundfish FMP include more than 
90 species of groundfish, flatfish, rockfish, sharks, and skates.
    This proposed rule (also referred to interchangeably as ``this 
proposed action'') would implement regulations for amendment 34 to the 
Groundfish FMP. Consistent with Magnuson-Stevens Act section 303(c)(1), 
the Council deemed the proposed regulations consistent with and 
necessary to implement amendment 34 in an October 1, 2024 letter from 
Council Chairman, Merrick Burden, to Regional Administrator, Jennifer 
Quan. The Notice of Availability for amendment 34 that published on 
October 9, 2024 (89 FR 81878) describes the details of the Groundfish 
FMP changes established through this proposed action. NMFS is 
concurrently seeking comment on the Council's proposed measures in 
amendment 34.

Background

    The Council met over 2023 and 2024 to consider developing fisheries 
closures for deep-sea coral restoration and research in response to a 
request from the ONMS. ONMS conducts scientific research in National 
Marine Sanctuaries, including within MBNMS, under the NMSA and the 
Magnuson-Stevens Act.
    In September 2023, ONMS presented a scoping paper that posed 5 
locations with 10 sites within Greater Farallones National Marine 
Sanctuary and MBNMS, for deep seas coral restoration and research 
(section 1.2 of the Analysis). At that meeting, the Council chose to 
continue to scope closures in MBNMS only, at the locations of 
A[ntilde]o Nuevo and Ascension Canyons (two sites) and Sur Ridge (one 
site), for areas to conduct coral research and restoration. The Council 
proposed that these areas could be closed to bottom contact gears as 
GEAs. GEAs were established by amendment 32 to the Groundfish FMP (88 
FR 83830, December 1, 2023) and are a management tool intended to 
mitigate the impacts to sensitive environments from certain groundfish 
fishing activity.
    At the March 2024 meeting, the Council adopted a range of 
alternatives for this proposed action that included modified versions 
of the A[ntilde]o Nuevo and Ascension Canyon sites to address concerns 
raised by the public regarding closing off key fishing grounds 
shallower than 400 fathoms (fm) and enforcement concerns (section 1.2 
of the Analysis). The Council also confirmed that the potential sites 
would only be proposed to be closed to commercial groundfish bottom 
contact gears and that no other gear types or fisheries would be 
proposed in the closures.
    At the June 2024 meeting, the Council adopted its final preferred 
alternative to develop a GEA for commercial groundfish bottom contact 
gear at Sur Ridge in MBNMS. If the GEA is established, it is expected 
that ONMS would begin deep-sea coral outplanting at Sur Ridge in 2025.
    The proposed GEA at Sur Ridge would apply to commercial groundfish 
vessels using bottom contact gear. Currently, the GEA area is within a

[[Page 84512]]

bottom trawl essential fish habitat conservation area (EFHCA), and 
therefore no bottom trawling is permitted. If the EFHCA were to be 
removed in the future, the GEA would continue to prohibit bottom trawl. 
The GEA would create new restrictions for non-trawl commercial 
groundfish vessels using bottom contact gears in the limited entry 
fixed gear, directed open access, and shore-based individual fishing 
quota sectors. Vessels using non-bottom contact gear would still be 
permitted to operate in the area. The proposed GEA would close 36.64 
square nautical miles of area, with depths ranging from 2,690 to 5,118 
feet (448 to 853 fm). Overall, this proposed GEA would allow ONMS to 
perform deep-sea coral research and restoration while having limited 
impact on the groundfish fisheries.

Amendment 34

    NMFS is proposing amendment 34 to the Groundfish FMP in alignment 
with the Council's recommendation in June 2024. Amendment 34 would 
revise the description of GEAs in the FMP to remove references to 
specific GEAs, consistent with how other closed area types are included 
in the FMP. Active GEAs would instead be noted in the Federal 
groundfish regulations at proposed Sec.  660.70, and the history of a 
specific GEA would likely be provided in the groundfish Stock 
Assessment Fishery Evaluation document.

Proposed Rule

    In addition to revising the description of GEAs under amendment 34, 
in alignment with the Council's recommendation, NMFS proposes 
regulations to modify the use of GEAs as a management tool in the 
following ways. This proposed rule would:
     Add GEAs to the general groundfish prohibitions found at 
Sec.  660.12;
     Revise the descriptions of GEAs found in Sec. Sec.  
660.230, 660.330, and 660.360 to remove the specific references to the 
Southern California Bight; and,
     Establish a new GEA at Sur Ridge in MBNMS.
    To add GEAs to the general groundfish prohibitions found in the 
regulations, this proposed rule would add proposed Sec.  660.12(a)(22) 
to the list of prohibitions in Sec.  660.12(a) to clarify that it is 
unlawful for fishermen to violate any regulations that apply to 
activity in GEAs. To revise the descriptions of GEAs in regulations, 
this proposed rule would update Sec. Sec.  660.230, 660.330, and 
660.360 to remove specific references to the Southern California Bight 
and generalize the GEA descriptions to allow for GEAs to be located 
more broadly. This proposed rule would also update the GEA description 
at Sec.  660.70(t) to note that there would be a total of nine GEAs and 
to remove the specific reference to GEAs being areas south of Point 
Conception, California. And, finally, this proposed rule would add 
Sec.  660.70(t)(9) to the list of GEAs found in that section and would 
include the latitude and longitude coordinates and other information 
relevant to establishing the proposed Sur Ridge GEA.

Classification

    Pursuant to sections 303(C) and 304(b)(1)(A) of the Magnuson-
Stevens Act, the NMFS Assistant Administrator has determined that this 
proposed rule is consistent with the Groundfish FMP, other provisions 
of the Magnuson-Stevens Act, and other applicable law, subject to 
further consideration after public comment.
    This proposed rule has been determined to be not significant for 
purposes of Executive Order 12866.
    There are no relevant Federal rules that may duplicate, overlap, or 
conflict with this action.

Regulatory Impact Review (RIR)

    An RIR was prepared to assess all costs and benefits of available 
regulatory alternatives. A copy of this Analysis is available from NMFS 
(see ADDRESSES section). NMFS is recommending amendment 34 and the 
regulatory revisions in this proposed rule based on its assessment of 
the net benefits to the Nation of these measures.

Regulatory Flexibility Act

    NMFS has recommended that the Chief Counsel for Regulation of the 
Department of Commerce certify to the Chief Counsel for Advocacy of the 
Small Business Administration that this proposed rule, if adopted, 
would not have a significant adverse economic impact on a substantial 
number of small entities.
    For purposes of the RFA (5 U.S.C. 601 et seq.) only, NMFS has 
established a small business size standard for businesses, including 
their affiliates, whose primary industry is commercial fishing (see 50 
CFR 200.2). A business primarily engaged in commercial fishing is 
classified as a small business if it is independently owned and 
operated, is not dominant in its field of operation (including its 
affiliates), and has combined annual receipts not in excess of $11 
million for all its affiliated operations worldwide. This standard 
applies to all businesses classified under North American Industry 
Classification System (NAICS) code 11411 for commercial fishing, 
including all businesses classified as commercial finfish fishing 
(NAICS 114111), commercial shellfish fishing (NAICS 114112), and other 
commercial marine fishing (NAICS 114119) businesses (50 CFR 200.2; 13 
CFR 121.201).
    All commercial groundfish participants that use bottom contact gear 
for fisheries in the EEZ off Washington, Oregon, and California, which 
are managed under the Groundfish FMP, may be affected by this proposed 
rule. Bottom contact gear is defined at 50 CFR 660.11: ``fishing gear 
designed or modified to make contact with the bottom. This includes, 
but is not limited to, beam trawl, bottom trawl, dredge, fixed gear, 
set net, demersal seine, dinglebar gear, and other gear (including 
experimental gear) designed or modified to make contact with the 
bottom. Gear used to harvest bottom dwelling organisms (e.g. by hand, 
rakes, and knives) are also considered bottom contact gear for purposes 
of this subpart.''
    This list is non-exhaustive. The proposed coral research and 
restoration area is within existing bottom trawl EFHCAs, which prohibit 
all bottom trawl gears from operating within those EFHCA boundaries. 
Given that these areas are currently closed to bottom trawl vessels, 
this action would establish no new impact to those vessels. Therefore, 
the proposed action would impact only fishing with non-trawl bottom 
contact gear types within the proposed GEA at Sur Ridge. The commercial 
gears that would be permitted to operate within the newly closed area, 
as currently proposed, are midwater trawl and select non-trawl gear 
types (troll gear and commercial vertical hook-and-line gear not 
anchored to the bottom, such as vertical jig gear or rod-and-reel gear 
with weights suspended off the bottom).
    From 2019 to 2023, there were 429 distinct vessels that utilized 
non-trawl bottom contact gears \1\ in the 3 commercial groundfish 
sectors (directed open access (OA), limited entry fixed gear (LEFG), 
and individual fishing quota (IFQ) gear switching) with an annual 
average of 175 vessels operating annually (table 1) between the 
latitudes of 40[deg] 30' N and 36[deg] N. As described in section 3.5.2 
of the Analysis, this is the catch area that encompassed the three 
coral restoration and research areas

[[Page 84513]]

proposed within MBNMS in late 2023. The Council ultimately only 
recommended one offshore area to move forward as a GEA. Therefore, the 
estimated values here are expected to reflect the maximum number of 
vessels that could potentially be affected by this proposed action. The 
actual number is likely lower. The majority of affected vessels would 
participate in the directed OA fishery. To protect the confidentiality 
of vessel data, IFQ gear switching vessels were combined with LEFG 
vessels in table 1.
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    \1\ Vessels were selected based on FOS_Groundfish_Sector_Codes 
of ``Catch Shares'', ``LE Fixed Gear Daily Trip Limit'', ``Limited 
entry Sablefish'', and ``OA Fixed Gear'' and were not declared 
(using declaration code) associated with non-bottom contact gears.

               Table 1--Range of Vessels by Fishery Sector
                               [2019-2023]
------------------------------------------------------------------------
                  Fishery  sector                     Range     Average
------------------------------------------------------------------------
OA................................................    130-172        149
LEFG/IFQ..........................................      24-29         26
------------------------------------------------------------------------

    For purposes of this analysis, directed OA vessels are assumed to 
be small entities, with ex-vessel revenues for all landings (groundfish 
and non-groundfish) averaging $71,959. In 2023, 26 of the 29 LEFG 
permits associated with vessels that would likely be subject to this 
action (i.e., required to fish in the primary or LE trip limit 
fisheries) were owned by small entities (self-reported). For gear 
switching vessels likely to be affected by this action, all were 
reported as small entities in 2023.
    Note that there is not a strict one-to-one correlation between 
vessels and entities, nor between permits and entities; therefore, some 
persons or firms likely have ownership interests in more than one 
vessel or permit. Therefore, the actual number of entities regulated by 
this proposed action may be lower than the estimates presented here.
    If the proposed area to be closed is key to the affected parties' 
fishing, and if there are limited replacement fishing opportunities 
available, the economic impact of the proposed action may 
disproportionately affect small entities compared to large entities and 
may result in some profit loss. Given other likely current and future 
fishing restrictions impacting the relevant catch area (e.g., nearshore 
restrictions north of the area and limited or non-existent salmon 
seasons), offshore opportunities are likely to be of greater importance 
in the portfolios of California fishing vessels. However, given the 
limited documented historical fishing activity at Sur Ridge and the 
depth of the proposed closure, it is likely that a limited subset of 
vessels might be impacted. Additionally, these vessels could 
potentially move to other fishing areas to maintain similar harvest 
opportunities.
    Therefore, although this action would apply to the entirety of all 
entities fishing with bottom contact gear within the proposed GEA and 
the majority of those entities are considered small entities, because 
there has been limited documented fishing activity in the Sur Ridge 
area and because bottom trawl gear is currently prohibited within the 
proposed GEA under the EFHCA, this proposed rule is expected to have a 
limited impact on a modest number of small entities. For these reasons, 
NMFS believes that this proposed rule would not have a significant 
adverse 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.

Paperwork Reduction Act

    This proposed rule contains no new information collection 
requirements under the Paperwork Reduction Act of 1995.

List of Subjects in 50 CFR Part 660

    Fisheries, Fishing, Reporting and recordkeeping requirements.

    Dated: October 18, 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 Sec.  660.12 by adding paragraph (a)(22) to read as follows:


Sec.  660.12  General groundfish prohibitions.

* * * * *
    (a) * * *
    (22) Fish for, take and retain, possess (except for the purpose of 
continuous transit), or land any species of groundfish in the GEAs as 
defined at Sec.  660.11 with coordinates defined at Sec.  660.70.
* * * * *
0
3. Amend Sec.  660.70 by revising the introductory text of paragraph 
(t) and adding paragraph (t)(9) to read as follows:


Sec.  660.70   Groundfish conservation areas.

* * * * *
    (t) Groundfish Exclusion Areas. The Groundfish Exclusion Areas 
(GEAs) include nine areas off the coast of California intended to 
protect sensitive areas, including areas with coral and sea pens. GEAs 
are closed to both commercial and recreational groundfish fisheries 
unless otherwise noted.
* * * * *
    (9) Sur Ridge. The Sur Ridge GEA is closed to commercial groundfish 
bottom contact gear only and is defined by straight lines connecting 
the following specific latitude and longitude coordinates in the order 
listed and connecting back to 36[deg]26.00' N lat., 122[deg]20.81' W 
long:
    (i) 36[deg]26.00' N lat., 122[deg]20.81' W long.;
    (ii) 36[deg]25.55' N lat., 122[deg]15.23' W long.;
    (iii) 36[deg]21.71' N lat., 122[deg]15.32' W long.;
    (iv) 36[deg]17.95' N lat., 122[deg]17.13' W long.;
    (v) 36[deg]16.42' N lat., 122[deg]16.69' W long.; and
    (vi) 36[deg]16.41' N lat., 122[deg]20.76' W long.
* * * * *
0
4. Amend Sec.  660.230 by revising paragraphs (a) and (d)(17) to 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 2 (North) and 2 (South) of this 
subpart), size limits (see Sec.  660.60(h)(5)), seasons (see trip 
limits in tables 2 (North) and 2 (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 retention is 
prohibited in all fisheries, and groundfish vessels must adhere to GEA 
restrictions (see paragraph (d)(17) of this section and Sec.  660.70). 
Yelloweye rockfish retention is prohibited in the limited entry fixed 
gear fisheries. Regulations governing tier limits for the limited 
entry, fixed gear sablefish primary season north of lat. 36[deg] N 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

[[Page 84514]]

trip limit for black rockfish caught with hook-and-line gear also 
applies, see Sec.  660.230(e). The trip limits in tables 2 (North) and 
2 (South) of this subpart apply to vessels participating in the limited 
entry groundfish fixed gear 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.
* * * * *
    (d) * * *
    (17) Groundfish exclusion areas (GEAs). GEAs are closed areas 
defined by specific latitude and longitude coordinates (specified at 
Sec.  660.70) where recreational and/or commercial fishing for 
groundfish is prohibited. It is unlawful to fish for, take and retain, 
possess (except for the purpose of continuous transit) or land 
groundfish within the GEAs. All fishing gear for targeting groundfish 
must be stowed while transiting through a GEA. If fishing for non-
groundfish species within a GEA, then no groundfish may be on board the 
vessel.
* * * * *
0
5. Amend Sec.  660.330 by revising paragraphs (a) and (d)(19) to 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 3 
(North) and 3 (South) of this subpart), size limits (see Sec.  
660.60(h)(5)), seasons (see seasons in tables 3 (North) and 3 (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. Cowcod retention is prohibited in all fisheries, and 
groundfish vessels must adhere to GEA restrictions (see paragraph 
(d)(19) of this section and Sec.  660.70). Retention of yelloweye 
rockfish is prohibited in all open access fisheries. For information on 
the open access daily/weekly trip limit fishery for sablefish, see 
Sec.  660.332 of this subpart and the trip limits in tables 3 (North) 
and 3 (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. Open access vessels that fish with non-
groundfish trawl gear or in the salmon troll fishery north of lat. 
40[deg]10' N are subject the cumulative limits and closed areas (except 
the pink shrimp fishery which is not subject to RCA restrictions) 
listed in tables 3 (North) and 3 (South) of this subpart.
* * * * *
    (d) * * *
    (19) Groundfish exclusion areas (GEAs). GEAs are closed areas 
defined by specific latitude and longitude coordinates (specified at 
Sec.  660.70) where recreational and/or commercial fishing for 
groundfish is prohibited. It is unlawful to fish for, take and retain, 
possess (except for the purpose of continuous transit) or land 
groundfish within the GEAs. All fishing gear for targeting groundfish 
must be stowed while transiting through a GEA. If fishing for non-
groundfish species within a GEA, then no groundfish may be on board the 
vessel.
* * * * *
0
6. Amend Sec.  660.360 by revising paragraph (c)(3)(i)(B) to read as 
follows:


Sec.  660.360  Recreational fishery--management measures.

* * * * *
     (c) * * *
    (3) * * *
    (i) * * *
    (B) Groundfish exclusion areas (GEAs). GEAs are closed areas 
defined by specific latitude and longitude coordinates (specified at 
Sec.  660.70) where recreational and/or commercial fishing for 
groundfish is prohibited. It is unlawful to fish for, take and retain, 
possess (except for the purpose of continuous transit) or land 
groundfish within the GEAs. Recreational fishing gear for targeting 
groundfish may not be deployed while transiting through a GEA. If 
fishing for non-groundfish species within a GEA, then no groundfish may 
be on board the vessel.
* * * * *
[FR Doc. 2024-24556 Filed 10-22-24; 8:45 a.m.]
BILLING CODE 3510-22-P