[Federal Register Volume 87, Number 171 (Tuesday, September 6, 2022)]
[Proposed Rules]
[Pages 54445-54448]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-19158]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 660

RIN 0648-BL48


Magnuson-Stevens Act Provisions; Fisheries Off West Coast States; 
Pacific Coast Groundfish Fishery Management Plan; Amendment 30; 2023-
2024 Biennial Specifications and Management Measures; Notice of 
Availability

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

ACTION: Notice of Availability of proposed fishery management plan 
amendment; request for comments.

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SUMMARY: NMFS announces that the Pacific Fishery Management Council has 
submitted Amendment 30 to the Pacific Coast Groundfish Fishery 
Management Plan to the Secretary of Commerce for review. If approved, 
Amendment 30 would specify a shortbelly rockfish catch threshold to 
initiate Council review; extend the length of the limited entry fixed 
gear sablefish primary season; change the use of Rockfish Conservation 
Area boundaries; expand the use of Block Area Closures to control catch 
of groundfish; and correct the definition of Block Area Closures. 
Amendment 30 is necessary to help prevent overfishing, rebuild 
overfished stocks, achieve optimum yield, and ensure management 
measures are based on the best scientific information available. It is 
intended to promote the goals and objectives of the Pacific Coast 
Groundfish Fishery Management Plan.

DATES: Comments on Amendment 30 must be received no later than November 
7, 2022.

ADDRESSES: You may submit comments on this document, identified by 
NOAA-NMFS-2022-0080, by the following method:
     Electronic Submission: Submit all electronic public 
comments via the Federal e-Rulemaking Portal. Go to www.regulations.gov 
and enter NOAA-NMFS-2022-0080 in the Search box. Click the ``Comment'' 
icon, complete the required fields, and enter or attach your comments.
    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 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).

Electronic Access

    This rule is accessible via the internet at the Office of the 
Federal Register

[[Page 54446]]

website at https://www.federalregister.gov/. Background information and 
documents including an analysis for this action (Analysis), which 
addresses the statutory requirements of the Magnuson Stevens Fishery 
Conservation and Management Act (Magnuson-Stevens Act) are available 
from the Pacific Fishery Management Council's website at http://www.pcouncil.org. The draft Environmental Assessment (EA) which 
addresses the National Environmental Policy Act, Presidential Executive 
Order 12866, and the Regulatory Flexibility Act, is accessible via the 
internet at the NMFS West Coast Region website at https://www.fisheries.noaa.gov/region/west-coast. The final 2022 Stock 
Assessment and Fishery Evaluation (SAFE) report for Pacific Coast 
groundfish, as well as the SAFE reports for previous years, are 
available from the Pacific Fishery Management Council's (Council's) 
website at http://www.pcouncil.org.

FOR FURTHER INFORMATION CONTACT: Brian Hooper, Fishery Management 
Specialist, at 206-526-6117 or [email protected].

SUPPLEMENTARY INFORMATION: NMFS manages the groundfish fisheries in the 
exclusive economic zone (EEZ) seaward of Washington, Oregon, and 
California under the Pacific Coast Groundfish fishery management plan 
(PCGFMP). The Council prepared and NMFS implemented the PCGFMP under 
the authority of the Magnuson-Stevens Fishery Conservation and 
Management Act (Magnuson-Stevens Act), 16 U.S.C. 1801 et seq. and by 
regulations at 50 CFR parts 600 and 660. The Magnuson-Stevens Act 
requires that each regional fishery management council submit any 
fishery management plan (FMP) or plan amendment it prepares to NMFS for 
review and approval, disapproval, or partial approval by the Secretary 
of Commerce. The Magnuson-Stevens Act also requires that NMFS, upon 
receiving an FMP or amendment, immediately publish a notice that the 
FMP or amendment is available for public review and comment. This 
notice announces that the proposed Amendment 30 to the FMP is available 
for public review and comment. NMFS will consider the public comments 
received during the comment period described above in determining 
whether to approve, partially approve, or disapprove Amendment 30 to 
the FMP.
    Amendment 30 would make five changes to the PCGFMP. Amendment 30 
would (1) specify a shortbelly rockfish catch threshold to initiate 
Council review; (2) extend the length of the limited entry fixed gear 
(LEFG) sablefish primary season; (3) change the use of Rockfish 
Conservation Area (RCA) boundaries; (4) expand the use of Block Area 
Closures (BACs) to control catch of groundfish; and (5) correct the 
definition BACs.

Shortbelly Rockfish Catch Threshold To Initiate Council Review

    Shortbelly rockfish is one of the most abundant rockfish species in 
the California Current Ecosystem and is a key forage species for many 
fish, birds, and marine mammals. The Council recommended and NMFS 
approved the designation of shortbelly rockfish as an ecosystem 
component (EC) species through Amendment 29 to the PCGFMP, as part of 
the 2021-2022 groundfish management measure process (85 FR 79880, 
December 11, 2020). The Notice of Availability for Amendment 29 (85 FR 
54529, September 2, 2020) provides additional background on shortbelly 
rockfish. The Council monitors and tracks shortbelly rockfish mortality 
inseason. Shortbelly rockfish are not, and have not historically been, 
a directed target of commercial or recreational fisheries. Due to their 
small size, shortbelly rockfish are not currently marketable. However, 
concerns over the potential future development of a directed fishery 
prompted the Council to note during the 2021-2022 groundfish management 
measure process that it would consider taking action if mortality of 
shortbelly rockfish in the fishery exceeds, or is projected to exceed, 
2,000 metric tons (mt) in a calendar year. This guidance was not 
formalized in the PCGFMP as part of Amendment 29. Therefore, Amendment 
30 would amend the PCGFMP to add language stating that if shortbelly 
rockfish mortalities exceed, or are projected to exceed 2,000 mt in a 
calendar year, the Council would review relevant fishery information 
and consider if management changes were warranted, including, but not 
limited to reconsideration of its current classification as an EC 
species. Relevant information could include but would not be limited 
to, survey abundance trends and other stock status information, changes 
in fishing behavior, and changes in the market interest for shortbelly 
rockfish. In response to the review of the information, the Council 
would consider voluntary measures taken by the fishing industry to 
reduce bycatch, and consider other management measures including, but 
not limited to, area closures, gear prohibitions, bycatch limits and 
seasonal restrictions as deemed necessary to reduce shortbelly rockfish 
mortality.
    NMFS notes that routine management measures as laid out in 50 CFR 
660.60(c) are not currently available for shortbelly rockfish 
management because shortbelly rockfish is an EC species. Shortbelly 
rockfish would need to be redesignated as ``in the fishery'' prior to 
routine management measures being available for inseason use. However, 
the Council could recommend, consistent with the points of concern 
framework (PCGFMP Section 6.2.2), management measures to minimize 
bycatch or bycatch mortality of EC species as laid out in 50 CFR 
600.305(c)(5). Depending on the issue triggering the need for 
management measures, this pathway might require revisiting the EC 
designation.

LEFG Sablefish Primary Season Extension

    Amendment 30 would permanently extend the LEFG primary sablefish 
tier fishery (hereinafter referred to as primary fishery) season end 
date from October 31 to December 31. The primary fishery would close on 
December 31, or close for an individual vessel owner when the tier 
limit for the sablefish endorsed permit(s) registered to the vessel has 
been reached, whichever is earlier.
    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 limited entry or open access trip limit fishery, or fisheries for 
other species.
    Under Amendment 14, the sablefish primary season has historically 
been open from April 1 through October 31 of each year, though 
individual permit holders may only fish up to their tier limits so may 
be required to cease fishing prior to October 31. These season dates 
were put into regulation

[[Page 54447]]

during the development and implementation of the fishery under 
Amendment 14. Prior to the implementation of Amendment 14, the 
sablefish fishery had operated as a `derby' style fishery, with a 
season length lasting a few weeks to a few days. Under Amendment 14, 
the fishery began operating under a seven-month season. The seven-month 
season structure, as opposed to a year-long season, was intended to 
allow for timely catch accounting so that the sector allocation was not 
exceeded. As of 2017, commercial vessels landing sablefish are required 
to submit e-tickets within 24 hours of offload, ``to improve timeliness 
and accuracy of sablefish catch reporting in the limited entry fixed 
gear fisheries and open access fisheries'' (Sec.  660.213). Given the 
increase in speed of modern catch accounting, the original reason for 
the seven-month season is no longer applicable.
    In response to industry requests and Council recommendation, NMFS 
issued emergency rules in 2020 and 2021 (85 FR 68001, October 27, 2020; 
86 FR 59873, October 29, 2021) to temporarily extend the sablefish 
primary fishery from October 31 to December 31. These emergency actions 
were intended to mitigate COVID-19 pandemic related disruptions in the 
fishery by allowing participants more time to harvest their full tier 
limits.
    The Analysis discusses that the primary fishery has experienced 
lower than average attainment since 2019 amidst higher than average 
sablefish allocations. Even with the season extension in 2020 and 2021, 
attainment was only 80 and 74 percent of the sector allocation, 
respectively. A season extension could provide opportunity and 
flexibility for vessels to fish their full tier limits and maximize 
economic benefits.

Novel Utilization of Existing Rockfish Conservation Area Boundary Lines

    The Council recommended a novel utilization of the previously 
established RCA boundary lines for the California recreational fishery 
(Sec.  660.360(c)(3)). Recreational RCA boundary lines are a set of 
connecting waypoints which approximate a depth contour (Sec.  660.71 
through Sec.  660.73). These lines have historically been used to allow 
fishing shoreward of a specific RCA boundary line and prohibit fishing 
seaward of that line. Amendment 30 would modify the PCGFMP to also 
allow fishing seaward of a specified RCA boundary line and prohibit 
fishing shoreward of that line. For example, fishing could be 
prohibited in Federal waters shoreward of the 30, 40, 50, 60, 75, 100, 
or 125, fathom line. Amendment 30 would modify the PCGFMP to allow RCAs 
to be used to control catch of groundfish species. This would provide 
logistical flexibility for the management of overfished species like 
yelloweye rockfish (current RCA utilization) and non-overfished species 
that include species of concern such as quillback rockfish, copper 
rockfish, or cowcod (novel RCA utilization). This new management 
measure, if approved, may be used during the regular season setting 
process through the biennial specifications and management measures or 
as an inseason action to achieve harvest specifications.
    This proposed measure is intended to be a tool to reduce mortality 
for nearshore rockfish species of concern (such as quillback rockfish, 
copper rockfish, or cowcod) or rebuilding yelloweye rockfish by 
shifting fishing effort away from the habitats and depths where those 
stocks are most commonly encountered, and onto shelf and slope waters 
to target other, healthier groundfish stocks. This measure would 
provide more flexibility in managing groundfish fisheries in California 
and is designed to be combined with other season structure options and 
bag limit options to create a suite of management measures which take 
steps to achieve harvest specifications and minimize negative impacts 
to California fisheries and coastal communities. The effectiveness of 
this proposed management tool would be limited based on the prevalence 
of each species in state waters as compared to in the EEZ. The majority 
of fishery effort for copper and quillback rockfish off California is 
in state waters, therefore, the overall effectiveness of this 
management measure may be constrained.
    The Analysis discusses uncertainty with model projections when RCA 
boundary lines are utilized in this novel way, especially for species 
with a deeper depth distribution, like cowcod and yelloweye rockfish. 
The California Department of Fish and Wildlife's weekly and monthly 
tracking processes have been an effective and reliable tool to closely 
monitor recreational inseason mortality and provide timely and accurate 
information to apply inseason adjustments, such as changes to depth 
limits, season length, or bag limits, to fisheries.
    This proposed measure is intended to limit the negative 
socioeconomic impacts that could otherwise occur as a result of the 
need to reduce mortality for quillback and copper rockfishes, and stay 
within harvest guidelines for yelloweye rockfish and cowcod. The 
Analysis discusses the impact of this measure on the recreational boat-
based groundfish fisheries in California.

Block Area Closures for Groundfish Mitigation

    Amendment 30 would modify the PCGFMP to make BACs available as a 
routine management measure to control catch of groundfish by midwater 
trawl and bottom trawl vessels. BACs could be implemented in the EEZ 
off Washington, Oregon, and California. BACs could be implemented 
within tribal Usual and Accustomed (U&A) fishing areas but would only 
apply to non-tribal vessels. This proposed rule would prohibit midwater 
trawl and/or bottom trawl fishing within the BAC boundaries.
    BACs are size variable spatial closures bounded by latitude lines, 
defined at 50 CFR 660.11, and depth contour approximations defined at 
50 CFR 660.71 through 660.74 (10 fm (18 m) through 250 fm (457 m)), and 
Sec.  660.76 (700 fm (1280 m)). Amendment 28 to the PCGFMP (84 FR 
63966, November 19, 2019) first established BACs as a management tool. 
The salmon bycatch minimization measures action (86 FR 10857, February 
23, 2021) established BACs as a tool to minimize salmon bycatch. This 
proposed measure would align the outermost available depth boundaries 
(i.e., 700 fathoms) across all midwater and bottom trawl BACs used to 
control groundfish catch.
    The BAC tool would allow the Council to recommend and NMFS to 
implement size variable area closures as a routine management measure 
to address specific areas of high catch or bycatch of one or more 
specific groundfish species rather than large fixed closure areas 
(e.g., Bycatch Reduction Area or BRA). BACs would allow for the trawl 
fishery to remain open in areas outside of the BACs.
    This measure is needed because fishery managers do not currently 
have appropriate scaled spatial tools to mitigate trawl-based 
groundfish catches, while also minimizing economic impacts to the 
fishing industry. BACs could be an important tool to manage a species 
like Pacific spiny dogfish, which exhibit spatial and seasonal 
aggregations, that may be limiting based on recent stock assessment 
outlook.
    During development of this measure the Council noted BACs should be 
considered a last-resort measure behind industry implemented avoidance 
measures. The Council also noted BAC were not intended to be used for 
habitat protection because of their flexible nature.

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Correction to the Definition of Block Area Closures

    Amendment 30 would modify the PCGFMP to correct a mismatch between 
the PCGFMP and current regulations regarding the definition of BACs. 
The salmon bycatch minimization measures action (86 FR 10857, February 
23, 2021) established BACs as a tool to minimize salmon bycatch. BACs 
are described in multiple regulation sections (e.g., 50 CFR 660.11 
Conservation area(s); Sec.  660.111 Block area closures; Sec.  
660.60(c)(3)(i)). The regulations articulate the Council's intent to 
manage incidental salmon bycatch by vessels using groundfish midwater 
trawl gear in the EEZ off of Washington, Oregon, and California with 
Block Area Closures (BACs). However, inadvertently, the FMP was not 
updated to be consistent with regulations. To avoid potential future 
implementation delays, updates would be made to the PCGFMP that are 
consistent with Council intent described in the salmon bycatch 
mitigation rulemaking document (86 FR 10857, February 23. 2021). The 
PCGFMP would be revised to include language that BACs are available in 
the EEZ seaward of Washington, Oregon and California state waters for 
vessels using limited entry bottom trawl gear and in the EEZ seaward of 
Washington, Oregon and California state waters for vessels using 
midwater trawl gear.
    NMFS welcomes comments on the proposed FMP amendment through the 
end of the comment period stated in this notice of availability. A 
proposed rule to implement Amendment 30 and the 2023-2024 groundfish 
biennial harvest specifications and management measures has been 
submitted for Secretarial review and approval. NMFS expects to publish 
and request public review and comment on proposed regulations to 
implement Amendment 30 in the near future. For public comments on the 
proposed rule to be considered in the approval or disapproval decision 
on Amendment 30, those comments must be received by the end of the 
comment period on the amendment. All comments received by the end of 
the comment period for 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 of the FMP 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.

    Authority: 16 U.S.C. 1801 et seq.

    Dated: August 31, 2022.
Jennifer M. Wallace,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2022-19158 Filed 9-2-22; 8:45 am]
BILLING CODE 3510-22-P