[Federal Register Volume 87, Number 190 (Monday, October 3, 2022)]
[Rules and Regulations]
[Pages 59716-59724]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-21409]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 660

[Docket No. 201204-0325]
RIN 0648-BL85


Magnuson-Stevens Act Provisions; Fisheries off West Coast States; 
Pacific Coast Groundfish Fishery; 2021-2022 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 October 3, 2022.

FOR FURTHER INFORMATION CONTACT: Keeley Kent, phone: 206-247-8252 or 
email: [email protected].

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 http://www.pcouncil.org/.

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 two-year 
periods (i.e., a biennium). NMFS published the final rule to implement 
harvest specifications and management measures for the 2021-2022 
biennium for most species managed under the PCGFMP on December 11, 2020 
(85 FR 79880). In

[[Page 59717]]

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 September 2022 meeting, the Council recommended modifying 
trip limits for limited entry (LE) and open access (OA) sablefish north 
of 36[deg] N. latitude, modifying trip limits for LE and OA canary 
rockfish north and south of 40[deg]10' N. latitude, and modifying trip 
limits for LE and OA lingcod north of 42[deg] N. latitude. 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 recommends 
management measures (e.g., trip limits, area closures, and bag limits) 
that are meant to manage catch so as not to exceed the harvest 
specifications. The harvest specifications and management measures 
developed for the 2021-2022 biennium used data through the 2019 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.

Sablefish

    Sablefish is an important commercial species on the west coast with 
vessels targeting sablefish with both trawl and fixed gear (longlines 
and pots/traps). Sablefish is managed with an ACL for north of 36[deg] 
N. lat. and an ACL for south of 36[deg] N. lat.. The 2022 ACLs for the 
north and south are 6,172 mt and 2,203 mt, respectively.
    At the September 2022 Council meeting, the Council's Groundfish 
Management Team (GMT) received requests from industry members and 
members of the Council's Groundfish Advisory Subpanel to examine the 
potential to increase sablefish trips limits for the LE and OA 
fisheries north of 36[deg] N. lat.. The intent of increasing trip 
limits is to increase harvest opportunities for vessels targeting 
sablefish. To evaluate potential increases to sablefish trip limits, 
the GMT made model-based landings projections under current regulations 
and alternative sablefish trip limits, including the limits ultimately 
recommended by the Council, for the LEFG and OA fisheries through the 
remainder of the year. Table 1 shows the projected sablefish landings, 
the sablefish allocations, and the projected attainment percentage by 
fishery under both the current trip limits and the Council's 
recommended adjusted trip limits. These projections were based on the 
most recent catch information available through late August 2022. 
Industry did not request changes to sablefish trip limits for the LE or 
OA fishery south of 36[deg] N. lat. Therefore, NMFS and the Council did 
not consider trip limit changes for these fisheries at this time.

 Table 1--Projected Landings of Sablefish, Sablefish Allocation, and Projected Percentage of Sablefish Attained
                              Through the end of the Year by Trip Limit and Fishery
----------------------------------------------------------------------------------------------------------------
                                                                     Projected
                                                                     landings       Allocation       Projected
              Fishery                        Trip limits          (round weight)       (mt)         percentage
                                                                        (mt)                         attained
----------------------------------------------------------------------------------------------------------------
LE North of 36[deg] N. lat.........  Current: 2,400 lb/week              155-178             320           48-56
                                      (1,089 kg), not to exceed
                                      4,800 lb/two months (2,177
                                      kg).
                                     Recommended: 4,500 lb/week          203-246  ..............           63-77
                                      (2,041 kg), not to exceed
                                      9,000 lb/two months
                                      (4,082).
OA North of 36[deg] N. lat.........  Current: 600 lb/day (272            335-371             527           64-70
                                      kg), 2,000 lb/week (907
                                      kg), not to exceed 4,000
                                      lb/two months (1,814 kg).
                                     Recommended: 600 lb/day             408-472  ..............           77-89
                                      (272 kg), 4,000 lb/week
                                      (1,814 kg), not to exceed
                                      8,000 lb/two months (3,629
                                      kg).
----------------------------------------------------------------------------------------------------------------

    As shown in Table 1, under the current trip limits, the model 
predicts catches of sablefish will be at or below 56 percent, or 178 mt 
of the 320 mt allocation, for LE fishery north of 36[deg] N. lat. and 
70 percent, or 371 mt of the 527 mt allocation, for OA fishery north of 
36[deg] N. lat. Under the Council's recommended trip limits, sablefish 
attainment is projected to increase in the LE and OA fisheries north of 
36[deg] N. lat. up to 77 and 89 percent, respectively.
    Trip limit increases for sablefish are intended to increase 
attainment of the non-trawl HG. The proposed trip limit increases do 
not change projected impacts to co-occurring rebuilding species 
compared to the impacts anticipated in the 2021-2022 harvest 
specifications because the projected impacts to those species assume 
that the entire sablefish ACL is harvested. Therefore, the Council 
recommended and NMFS is implementing, by modifying Tables 2 North and 
South to part 660, subpart E, and Tables 3 North and South to part 660, 
subpart F, trip limit changes for the LE sablefish fishery north of 
36[deg] N. lat. and trip limit changes for the OA sablefish fishery 
north of 36[deg] N. lat. as shown above in Table 1. These changes will 
be implemented through the end of 2022.

Canary Rockfish

    Prior to the September 2022 meeting, the GMT received a request 
from an OA fisherman from Northern California to increase the canary 
rockfish OA north of 40[deg]10' N. lat. trip limit to better align with 
the yellowtail rockfish trip limit in order to reduce regulatory 
discarding of canary rockfish. The 2022 coastwide ACL for canary 
rockfish is 1,307 mt.
    To evaluate potential increases to canary rockfish trip limits, the 
GMT made model-based landings projections under current regulations and 
alternative trip limits, including the limits ultimately recommended by 
the Council, for the LE and OA fisheries through the remainder of the 
year. The GMT evaluated changes to the trip limits for canary rockfish 
both north and south of 40[deg]10' N. lat. Table 2 shows the projected 
canary rockfish landings, the

[[Page 59718]]

canary rockfish allocations, and the projected attainment percentage by 
fishery under both the current trip limits and the Council's 
recommended adjusted trip limits for north of 40[deg]10' N. lat. and 
Table 3 shows the same metrics for south of 40[deg]10' N. lat. These 
projections were based on the most recent catch information available 
through late August 2022.

     Table 2--Projected Landings of Canary Rockfish, Canary Rockfish
    Allocation, and Projected Percentage of Canary Rockfish North of
  40[deg]10' N. Lat. Attained Through the end of the Year by Trip Limit
                               and Fishery
------------------------------------------------------------------------
                                                             Projected
                                                             landings
            Fishery                    Trip limits        (round weight)
                                                                (mt)
------------------------------------------------------------------------
LE North of 40[deg]10' N. lat..  Current: 3,000 lb/two               3.3
                                  months (1,361 kg).
                                 Recommended: 4,000 lb/              3.5
                                  two months (1,814 kg).
OA North of 40[deg]10' N. lat..  Current: 1,000 lb/two               9.2
                                  months (454 kg).
                                 Recommended: 2,000/two             11.1
                                  months (907 kg).
------------------------------------------------------------------------


     Table 3--Projected Landings of Canary Rockfish, Canary Rockfish
    Allocation, and Projected Percentage of Canary Rockfish South of
  40[deg]10' N. Lat. Attained Through the end of the Year by Trip Limit
                               and Fishery
------------------------------------------------------------------------
                                                             Projected
                                                             landings
            Fishery                    Trip limits        (round weight)
                                                                (mt)
------------------------------------------------------------------------
LE South of 40[deg]10' N. lat..  Current: 3,500 lb/two               6.2
                                  months (1,588 kg).
                                 Recommended: 4,000 lb/              6.5
                                  two months (1,814 kg).
OA South of 40[deg]10' N. lat..  Current: 1,500 lb/two              12.2
                                  months (680 kg).
                                 Recommended: 2,000/two             13.8
                                  months (907 kg).
------------------------------------------------------------------------

    Under the current trip limits, the model predicts catches of canary 
rockfish coastwide will total 30.9 mt (including discard mortality), 
which is 25 percent of the 2022 non-trawl commercial share of canary 
rockfish (123.5 mt). Under the Council's recommended trip limits, 
canary rockfish mortality is expected to increase to 35 mt coastwide 
(including discard mortality), which is 28 percent of the 2022 non-
trawl commercial share of canary rockfish.
    Trip limit increases for canary rockfish are intended to increase 
attainment of the non-trawl commercial share. The proposed trip limit 
increases do not change projected impacts to co-occurring rebuilding 
species compared to the impacts anticipated in the 2021-2022 harvest 
specifications because the projected impacts to those species assume 
that the entire canary rockfish ACL is harvested. Therefore, the 
Council recommended and NMFS is implementing, by modifying Table 2 
North and South to part 660, subpart E, and Table 3 North and South to 
part 660, subpart F, trip limit changes for LE canary rockfish north 
and south of 40[deg]10' N lat. and trip limit changes for OA canary 
rockfish fishery north and south of 40[deg]10' N lat. as shown above in 
Tables 2 and 3. These changes will be implemented through the end of 
2022.

Lingcod

    Prior to the September 2022 meeting, the GMT also received a 
request to increase the lingcod trip limits north of 42[deg] N lat. to 
reduce regulatory discarding and increase economic opportunity. Lingcod 
is managed with an ACL north of 40[deg]10' N lat. and an ACL south of 
40[deg]10' N lat. The 2022 ACL for lingcod north of 40[deg]10' N lat. 
is 4,958 mt.
    To evaluate potential increases to lingcod trip limits north of 
42[deg] N lat., the GMT made model-based landings projections under 
current regulations and alternative trip limits, including the limits 
ultimately recommended by the Council, for the LE and OA fisheries 
through the remainder of the year. Table 4 shows the projected lingcod 
landings, the lingcod allocations, and the projected attainment 
percentage by fishery under both the current trip limits and the 
Council's recommended adjusted trip limits for north of 42[deg] N lat. 
These projections were based on the most recent catch information 
available through late August 2022.

     Table 4--Projected Landings of Lingcod, Lingcod Allocation, and
Projected Percentage of Lingcod North of 42[deg] N lat. Attained Through
              the end of the Year by Trip Limit and Fishery
------------------------------------------------------------------------
                                                             Projected
                                                             landings
            Fishery                    Trip limits        (round weight)
                                                               (mt)
------------------------------------------------------------------------
LE North of 42[deg] N lat......  Current: 5,000 lb/two            182.76
                                  months (2,268 kg).
OA North of 42[deg] N lat......  Current: 2,500 lb/month
                                  (1,134 kg).
LE North of 42[deg] N lat......  Recommended: 7,000 lb/           188.76
                                  two months (3,175 kg).
OA North of 42[deg] N lat......  Recommended: 3,500/
                                  month (1,588 kg).
------------------------------------------------------------------------

    Under the current trip limits, the model predicts catches of 
lingcod north of 42[deg] N lat. will total 182.76 mt, which is 7.1 
percent of the 2022 non-trawl allocation of lingcod (2,573.791 mt). 
Under the Council's recommended trip

[[Page 59719]]

limits, lingcod mortality north of 42[deg] N lat. is expected to 
increase to 188.76 mt, which is 7.3 percent of the 2022 non-trawl 
allocation of lingcod (2,573.791 mt).
    Trip limit increases for lingcod are intended to marginally 
increase attainment of the non-trawl allocation. The proposed trip 
limit increases do not appreciably change projected impacts to co-
occurring rebuilding species compared to the impacts anticipated in the 
2021-2022 harvest specifications because the projected impacts to those 
species assume that the entire lingcod ACL is harvested. Therefore, the 
Council recommended and NMFS is implementing, by modifying Table 2 
North to part 660, subpart E, and Table 3 North to part 660, subpart F, 
trip limit changes for LE and OA lingcod north of 42[deg] N lat. as 
shown above in Table 4. These changes will be implemented through the 
end of 2022.

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 Keeley Kent in NMFS West Coast 
Region (see FOR FURTHER INFORMATION CONTACT, above), or view at the 
NMFS West Coast Groundfish website: https://www.fisheries.noaa.gov/species/west-coast-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 
increase trip limits for fisheries in Washington, Oregon, and 
California to allow additional economic opportunity while keeping catch 
within allocations established by the 2021-2022 harvest specifications. 
New information became available at the September 2022 Council meeting 
showing that updated 2022 catch projections using the most recent 
available data were lower than projections made during the harvest 
specifications process due to a combination of changing fishery 
conditions, and trip limit changes made during the 2021 fishing year. 
The trip limit increases are for the LE and OA sectors for sablefish 
north of 36[deg] N lat., canary rockfish, and lingcod north of 42[deg] 
N lat. These changes are projected to increase economic value of the 
fisheries by $283,335 for sablefish, $25,324 for canary, and $10,660 
for lingcod as well as reduce regulatory discards in these fisheries. 
No aspect of this action is controversial, and changes of this nature 
were anticipated in the final rule for the 2021-2022 harvest 
specifications and management measures which published on December 11, 
2020 (85 FR 79880).
    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 before the end of 
the calendar year. Therefore, providing a comment period for this 
action could significantly 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 September 
2022 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 2021-
2022 (85 FR 79880, December 11, 2020).

List of Subjects in 50 CFR Part 660

    Fisheries, Fishing, and Indian Fisheries.

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

    Dated: September 28, 2022.
Jennifer M. Wallace,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.

    For the reasons set out in the preamble, 50 CFR part 660 is amended 
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. Revise Table 2 (North) to part 660, subpart E, to read as follows:
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[GRAPHIC] [TIFF OMITTED] TR03OC22.064


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3. Revise Table 2 (South) to part 660, subpart E, to read as follows:
[GRAPHIC] [TIFF OMITTED] TR03OC22.065


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0
4. Revise Table 3 (North) to part 660, subpart F, to read as follows:
[GRAPHIC] [TIFF OMITTED] TR03OC22.066


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0
5. Revise Table 3 (South) to part 660, subpart F, to read as follows:
[GRAPHIC] [TIFF OMITTED] TR03OC22.067


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[GRAPHIC] [TIFF OMITTED] TR03OC22.068

[FR Doc. 2022-21409 Filed 9-30-22; 8:45 am]
BILLING CODE 3510-22-C