Magnuson-Stevens Act Provisions; Fisheries Off West Coast States; Pacific Coast Groundfish Fishery; 2023-2024 Biennial Specifications and Management Measures; Inseason Adjustments

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Federal RegisterOct 22, 2024
89 Fed. Reg. 84296 (Oct. 22, 2024)
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    Department of Commerce National Oceanic and Atmospheric Administration
  • 50 CFR Part 660
  • [Docket No. 221206-0261]
  • RIN 0648-BN32
  • AGENCY:

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

    ACTION:

    Final rule; inseason adjustments to biennial groundfish management measures.

    SUMMARY:

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

    DATES:

    This final rule is effective October 22, 2024.

    ADDRESSES:

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

    FOR FURTHER INFORMATION CONTACT:

    Dr. Sean Matson, phone: 206-526-6187 or email: sean.matson@noaa.gov.

    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 seaward of Washington, Oregon, and California. The Pacific Fishery Management Council (Council) develops groundfish harvest specifications and management measures for 2-year periods (biennia). NMFS published the final rule to implement harvest specifications and management measures for the 2023-2024 biennium for most species managed under the PCGFMP on December 16, 2022 (87 FR 77007). 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 September 2024 meeting, the Council recommended an assortment of modifications that included corrections and adjustments, to commercial fixed gear trip limits and incidental catch limits, for limited entry (LE) and open access (OA) fisheries for the remainder of 2024. Stocks and complexes with recommended changes included the other fish complex south of 40°10′ N lat., minor nearshore rockfish south of 40°10′ N lat., and cabezon in California. Potential changes were analyzed and ultimately recommended after updated information regarding projected catch and attainment became available, as well as requests from industry.

    Pacific Coast groundfish fisheries are managed using harvest specifications or limits ( e.g., overfishing limits, acceptable biological catch, annual catch limits and harvest guidelines) recommended biennially by the Council and based on the best scientific information available at that time (50 CFR 660.60(b)). During development of the harvest specifications, the Council also recommends management measures ( e.g., trip limits, area closures, and bag limits) that are meant to control catch so as not to exceed the harvest specifications. The harvest specifications and management measures developed for the 2023-2024 biennium used data through the 2021 fishing year. Each of the adjustments to management 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 management measures are projected so as to help harvesters achieve but not exceed the harvest limits.

    Other Fish Limited Entry Trip Limit South of 40°10′ N Lat. (Correction)

    In the September 2024 meeting, the Council recommended that the trip limit for the “other fish” complex be changed from zero pounds (lb) per 2 months, to unlimited for the limited entry fixed gear (LEFG) fishery south of 40°10′ N lat. during November and December of 2024 (table 1), to correct an inadvertent change made in the inseason action from November 2023, which became effective in January 2024.

    Table 1—Trip Limit Structure for LE FG “Other Fish” Complex South of 40°10′ N Lat., in Current Regulation and Recommended by Council in September 2024

    Option January-October November-December
    Current regulation 0 lb (0 kg)/2 months 0 lb (0 kg)/2 months.
    Recommended 0 lb (0 kg)/2 months Unlimited.

    Table 2—Trip Limit Structure for LEFG and OA Minor Nearshore Rockfish South of 40°10′ N Lat., in Current Regulation and Recommended by Council in September 2024

    Option Habitat Management area Trip limits
    Current regulation Shallow nearshore 40°10′ N lat.-36° N lat South of 36° N lat 0 lb (0 kg)/2 months. 2,000 lb (907 kg)/2 months.
    Deeper nearshore 40°10′ N lat.-36° N lat South of 36° N lat 0 lb (0 kg)/2 months. 2,000 lb (907 kg)/2 months, of which no more than 75 lb (34 kg) may be copper rockfish.
    Council recommended Shallow nearshore 40°10′ N lat.-37°07′ N lat South of 37°07′ N lat 0 lb (0 kg)/2 months. 2,000 lb (907 kg)/2 months.
    Deeper nearshore 40°10′ N lat.-37°07′ N lat South of 37°07′ N lat 0 lb (0 kg)/2 months. 2,000 lb (907 kg)/2 months, of which no more than 75 lb (34 kg) may be copper rockfish.

    Table 3—Trip Limit Structure for LE FG and OA Cabezon in California, South of 40°10′ N Lat., in Current Regulation and Recommended by Council in September 2024

    Option Management area Trip limits
    Current regulation 40°10′ N lat.-36° N lat South of 36° N lat 0 lb (0 kg)/2 months. Unlimited.
    Council recommended 40°10′ N lat.-37°07′ N lat South of 37°07′ N lat 0 lb (0 kg)/2 months. Unlimited.

    Table 4—Projected Incidental Pacific Halibut Landings in the Primary Sablefish Fishery North of Point Chehalis Under Current Regulation and Council Recommended Incidental Trip Limits

    Option Landing ratio Projected landings (net wt. lb) through December 7 Allocation (net wt. lb) Attainment (%)
    Status Quo 130 lb (59 kg) halibut per 1,000 lb sablefish landed and up to 2 halibut in excess of limit 25,871 (11,735 kg) 50,000 lb (22,680 kg) 52
    Alternative 1 150 lb (68 kg) halibut per 1,000 lb sablefish landed and up to 2 halibut in excess of limit 27,609 (12,523 kg) 55