Magnuson-Stevens Act Provisions; Fisheries Off West Coast States; Pacific Coast Groundfish Fishery; 2025-2026 Biennial Specifications and Management Measures; Inseason Adjustments, 11389-11390 [2025-03556]

Agencies

• DEPARTMENT OF COMMERCE
• National Oceanic and Atmospheric Administration

[Federal Register Volume 90, Number 43 (Thursday, March 6, 2025)]
[Rules and Regulations]
[Pages 11389-11390]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2025-03556]



[[Page 11389]]

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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 660

[Docket No. 241022-0278]
RIN 0648-BN48


Magnuson-Stevens Act Provisions; Fisheries Off West Coast States; 
Pacific Coast Groundfish Fishery; 2025-2026 Biennial Specifications and 
Management Measures; Inseason Adjustments

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

ACTION: Final rule; inseason adjustments to biennial groundfish 
management measures.

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SUMMARY: This final rule announces routine inseason adjustments to 
management measures in commercial groundfish fisheries. This action is 
intended to allow commercial fishing vessels to access more abundant 
groundfish stocks while protecting overfished and depleted stocks.

DATES: This final rule is effective March 6, 2025.

ADDRESSES: 

Electronic Access

    This rule is accessible via the internet at the Office of the 
Federal Register website at https://www.federalregister.gov. Background 
information and documents are available at the Pacific Fishery 
Management Council's website at https://www.pcouncil.org/.

FOR FURTHER INFORMATION CONTACT: Christopher Biegel, phone: 503-231-
6291 or email: [email protected].

SUPPLEMENTARY INFORMATION:

Background

    The Pacific Coast Groundfish Fishery Management Plan (PCGFMP) and 
its implementing regulations at title 50 in the Code of Federal 
Regulations (CFR), part 660, subparts C through G, regulate fishing for 
over 90 species of groundfish off the coasts of Washington, Oregon, and 
California. The Pacific Fishery Management Council (Council) develops 
groundfish harvest specifications and management measures for 2-year 
periods (i.e., a biennium). NMFS published the final rule to implement 
harvest specifications and management measures for the 2025-2026 
biennium for most species managed under the PCGFMP on December 16, 2024 
(89 FR 101514). In general, the management measures set at the start of 
the biennial harvest specifications cycle help the various sectors of 
the fishery attain, but not exceed, the catch limits for each stock. 
The Council, in coordination with Pacific Coast Treaty Indian Tribes 
and the States of Washington, Oregon, and California, recommends 
adjustments to the management measures during the fishing year to 
achieve this goal.
    At its November 13-18, 2024 meeting, the Council recommended 
increasing the open access (OA) trip limit for shelf rockfish in the 
area between 40[deg]10' N lat. and 42[deg] N lat. to be consistent with 
that in the area north of 42[deg] N lat. The current trip limit for OA 
shelf rockfish between 40[deg]10' N lat. and 42[deg] N lat. is 1,200 lb 
(544 kg) per 2 months. Pacific Coast groundfish fisheries are managed 
using harvest specifications or limits (e.g., overfishing limits (OFL), 
acceptable biological catch (ABC), annual catch limits (ACL) and 
harvest guidelines (HG)) recommended biennially by the Council and 
based on the best scientific information available at that time (50 CFR 
660.60(b)). During development of the harvest specifications, the 
Council also recommended management measures (e.g., trip limits, area 
closures, and bag limits) that are meant to mitigate catch so as not to 
exceed the harvest specifications. The harvest specifications and 
mitigation measures developed for the 2025-2026 biennium used data 
through the 2023 fishing year. Each of the adjustments to mitigation 
measures discussed below are based on updated fisheries information 
that was unavailable when the analysis for the current harvest 
specifications was completed. As new fisheries data becomes available, 
adjustments to mitigation measures are projected so as to help 
harvesters achieve but not exceed the harvest limits.
    At the November 2024 Council meeting, the Groundfish Management 
Team (GMT) received a request to increase the OA trip limit for the 
shelf rockfish north of 40[deg]10' N lat. complex beginning in 2025. 
The request was aimed to provide relief to the OA sector who have been 
affected by closures to protect California quillback rockfish. Some 
vessels have landed more than 80 percent of their 2024 trip limit over 
multiple periods and the request may allow those participants to 
utilize the stocks in the complex that are under-attained (i.e., 
bocaccio and chilipepper rockfish). Absent inseason action, the 2025 
trip limits would have remained the same, except for a change in the 
limit structure, i.e., the 2024 trip limit was a monthly limit whereas 
the 2025 limit is a bimonthly limit. The GMT analyzed the following two 
options to increase the shelf rockfish complex trip limits: (1) 
increased trip limits in the area between 40[deg]10' N lat. and 42[deg] 
N lat. to be consistent with that in the area north of 42[deg] N lat., 
and (2) Option 1 as well as doubling the trip limits north of 
40[deg]10' N lat. As a whole, the non-trawl shelf rockfish complex non-
trawl allocation of the annual catch limit (ACL) is underutilized. 
However, individual fishermen are attaining close to the trip limit, 
which increases the risk of regulatory discards.
    To consider increasing the OA shelf complex trip limits in the area 
40[deg]10' N lat. and 42[deg] N lat., the GMT evaluated non-trawl 
species-specific mortality relative to ACL contributions to the shelf 
complex. During their analysis, vermilion/sunset rockfish, which is one 
of the stocks managed in the shelf complex, attainment arose as a 
concern, because the California harvest of vermilion/sunset rockfish 
has exceeded area-specific ACL contributions in recent years. 
Vermilion/sunset rockfish off California is managed in a split between 
two shelf rockfish stock complexes north and south of 40[deg]10' N lat. 
To prevent exceedance of the area-specific overfishing limit of the 
California vermilion/sunset rockfish stock as defined for status 
determination, the NMFS will maintain management measures, including 
harvest targets, that aim to keep mortality of vermilion/sunset 
rockfish in all areas south of 42[deg] N lat. within the OFL 
contributions associated with that area (i.e., the combined OFL 
contributions for northern and southern California). While the combined 
ACL contribution of vermilion/sunset rockfish south of 42[deg] N lat. 
to the shelf rockfish complexes north and south of 40[deg]10' N lat. 
has been exceeded in the past, the Agenda Item I.6.a, Supplemental CDFW 
Report 1, November 2024 notes that vermilion/sunset rockfish mortality 
is lower in 2024 than in recent years and is projected to remain within 
California-specific harvest targets. Similar attainment is expected in 
2025. The GMT discussed creating a sub-trip limit for vermilion/sunset 
rockfish north of 40[deg]10' N lat., similar to the sub-trip limit for 
vermilion/sunset rockfish in the shelf rockfish complex trip limit 
south of 40[deg]10' N lat. The GMT determined this action could not be 
accomplished inseason and would instead need to be addressed in the 
biennial harvest

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specification process. Table 5 of the GMT report describes the 
additional projected vermilion/sunset rockfish mortality relative to 
the trip limit options analyzed. The respective ACL contribution for 
vermilion/sunset rockfish off California are not at risk of being 
exceeded with the addition of 0.1 mt mortality associated with the 
Option 1 trip limit. Noting the limited impacts to species-specific 
contributions to the shelf complex including vermilion/sunset rockfish, 
the GMT recommended increasing the OA trip limit for shelf rockfish in 
the area between 40[deg]10' N lat. and 42[deg] N lat. to be consistent 
with that in the area north of 42[deg] N lat. (i.e., Option 1 in table 
4).
    Therefore, the Council recommended, and NMFS is implementing, a 
trip limit increase for OA shelf rockfish trip limits between 
40[deg]10' N lat and 42[deg] N lat. to 1,600 lbs/2 months in table 3b 
(North) to part 660, subpart F.

Classification

    This final rule makes routine inseason adjustments to groundfish 
fishery management measures, based on the best scientific information 
available, consistent with the PCGFMP and its implementing regulations.
    This action is taken under the authority of 50 CFR 660.60(c) and is 
exempt from review under Executive Order 12866.
    The aggregate data upon which these actions are based are available 
for public inspection by contacting Christopher Biegel in NMFS West 
Coast Region (see FOR FURTHER INFORMATION CONTACT, above), or view at 
the NMFS West Coast Groundfish website: https://www.westcoast.fisheries.noaa.gov/fisheries/groundfish/.
    Pursuant to 5 U.S.C. 553(b), NMFS finds good cause to waive prior 
public notice and an opportunity for public comment on this action, as 
notice and comment would be impracticable and contrary to the public 
interest. The adjustments to management measures in this document 
modify trip limits in California to keep catch within allocations 
established by the 2025-2026 harvest specifications. No aspect of this 
action is controversial, and changes of this nature were anticipated in 
the final rule for the 2025-2026 harvest specifications and management 
measures which published on December 16, 2024 (89 FR 101514).
    The Council recommended, and NMFS is implementing, an increase to 
the OA trip limit for shelf rockfish in the area between 40[deg]10' N. 
lat and 42[deg] N lat. to be consistent with that in the area north of 
42[deg] N lat. As a whole, the non-trawl shelf rockfish complex 
allocation is underutilized and providing the OA fishery with increased 
access to these stocks would have economic benefits without 
jeopardizing the ACL.
    Delaying implementation to allow for public comment would likely 
reduce the economic benefits to the commercial fishing industry and the 
businesses that rely on that industry because it is unlikely the new 
regulations would publish and could be implemented in time to realize 
the projected benefits to fishing communities and the resource. A delay 
in implementation could also contribute to unnecessarily discarded and 
largely wasted fish for any fishermen who are attaining the lower trip 
limit, which could otherwise be landed to provide food and revenue, and 
responsible use of the resource. Therefore, providing a comment period 
for this action could limit the economic benefits to the fishery, and 
would hamper the achievement of optimum yield from the affected 
fisheries.
    Therefore, the NMFS finds reason to waive the 30-day delay in 
effectiveness pursuant to 5 U.S.C. 553(d)(1) so that this final rule 
may become effective upon publication in the Federal Register. The 
adjustments to management measures in this document affect commercial 
fisheries by increasing opportunity and allowing greater economic 
benefit. These adjustments were requested by the Council's advisory 
bodies, as well as members of industry during the Council's November 
2024 meeting, and recommended unanimously by the Council. No aspect of 
this action is controversial, and changes of this nature were 
anticipated in the biennial harvest specifications and management 
measures established through a notice and comment rulemaking for 2025-
2026 (89 FR 101514).

List of Subjects in 50 CFR Part 660

    Fisheries, Fishing, Indian fisheries.

    Dated: February 28, 2025.
Samuel D. Rauch III,
Deputy Assistant Administrator for Regulatory Programs, National Marine 
Fisheries Service.

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

PART 660--FISHERIES OFF WEST COAST STATES

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

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


0
2. Amend table 3b (North) to part 660, subpart F by revising the entry 
for ``Shelf rockfish complex (42[deg]00' N lat.-40[deg]10' N lat.)'' to 
read as follows:

  Table 3b (North) to Part 660, Subpart F--Trip Limits for Open Access
                       North of 40[deg]10' N Lat.
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                   Species                             Trip limit
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                              * * * * * * *
Shelf rockfish complex (42[deg]00' N lat.-     1,600 lb/2 months.
 40[deg]10' N lat.).
 
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[FR Doc. 2025-03556 Filed 3-5-25; 8:45 am]
BILLING CODE 3510-22-P