[Federal Register Volume 87, Number 198 (Friday, October 14, 2022)]
[Proposed Rules]
[Pages 62676-62720]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-20430]



[[Page 62675]]

Vol. 87

Friday,

No. 198

October 14, 2022

Part V





Department of Commerce





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National Oceanic and Atmospheric Administration





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50 CFR Part 660





Magnuson-Stevens Act Provisions; Fisheries Off West Coast States; 
Pacific Coast Groundfish Fishery; Pacific Coast Groundfish Fishery 
Management Plan; Amendment 30; 2023-24 Biennial Specifications and 
Management Measure; Proposed Rule

  Federal Register / Vol. 87 , No. 198 / Friday, October 14, 2022 / 
Proposed Rules  

[[Page 62676]]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 660

[Docket No. 220915-0191]
RIN 0648-BL48


Magnuson-Stevens Act Provisions; Fisheries Off West Coast States; 
Pacific Coast Groundfish Fishery; Pacific Coast Groundfish Fishery 
Management Plan; Amendment 30; 2023-24 Biennial Specifications and 
Management Measures

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

ACTION: Proposed rule; notice of availability of a draft environmental 
assessment; request for comments.

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SUMMARY: This proposed rule would establish the 2023-24 harvest 
specifications for groundfish caught in the U.S. exclusive economic 
zone seaward of Washington, Oregon, and California, consistent with the 
Magnuson-Stevens Fishery Conservation and Management Act and the 
Pacific Coast Groundfish Fishery Management Plan. This proposed rule 
would also revise management measures intended to keep the total annual 
catch of each groundfish stock or stock complex within the annual catch 
limits. These proposed measures are intended to help prevent 
overfishing, rebuild overfished stocks, achieve optimum yield, and 
ensure management measures are based on the best scientific information 
available. This proposed rule would also make minor corrections to the 
regulations. Additionally, this proposed rule announces the receipt of 
exempted fishing permit applications. NMFS has made a preliminary 
determination that these applications warrant further consideration. 
NMFS requests public comment on these applications. This action also 
would implement portions of Amendment 30 to the Pacific Coast 
Groundfish Fishery Management Plan, which 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. In accordance with the National 
Environmental Policy Act of 1969, as amended, NMFS also announces the 
availability of a draft environmental assessment that analyzes the 
potential effects of the associated proposed rule.

DATES: Comments must be received no later than November 14, 2022.

ADDRESSES: Submit your comments on the proposed rule, draft 
environmental assessment, and exempted fishing permit applications, 
identified by NOAA-NMFS-2022-0080, by the following method:
     Electronic Submissions: 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. 
The exempted fishing permit (EFP) applications will be available under 
Supporting Documents through the same link.
    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). Please specify whether the 
comments provided are associated with the proposed rule, draft 
environmental assessment, or EFP applications.

Electronic Access

    This rule is accessible via the internet at the Office of the 
Federal Register website at https://www.federalregister.gov/. 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. 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 https://www.pcouncil.org. 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 website at 
https://www.pcouncil.org.

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

SUPPLEMENTARY INFORMATION: 

I. Background

    Chapter 5 of the Pacific Coast Groundfish Fishery Management Plan 
(PCGFMP) requires the Pacific Fishery Management Council (Council) to 
assess the biological, social, and economic conditions of the Pacific 
coast groundfish fishery and use this information to develop harvest 
specifications and management measures at least biennially. This 
proposed rule is based on the Council's final recommendations for 
harvest specifications and management measures for the 2023-24 biennium 
made at its April and June 2022 meetings.
    The Council deemed the proposed regulations necessary and 
appropriate to implement these actions in an August 29, 2022, letter 
from Council Executive Director, Merrick Burden, to Acting Regional 
Administrator Scott Rumsey. Under the Magnuson-Stevens Act, NMFS is 
required to publish proposed rules for comment after preliminarily 
determining whether they are consistent with applicable law. We are 
seeking comment on the proposed regulations in this action and whether 
they are consistent with the PCGFMP, the Magnuson-Stevens Act and its 
National Standards, and other applicable law.
    Concurrent with this proposed rule, NMFS also published a Notice of 
Availability (NOA) to announce the proposed Amendment 30 to the PCGFMP. 
The NOA requests public review and comment on proposed changes to the 
Council fishery management plan document (87 FR 54445; September 6, 
2022). Public comments are being solicited on the amendment through 
November 7, 2022, the end of the comment period for the NOA. Public 
comments on the proposed rule must be received by the end of the 
comment period on the Amendment, as published in the NOA, to be 
considered in the approval/disapproval decision on the Amendment. All 
comments received by the end of the comment period on the amendment, 
whether specifically directed to the Amendment, or the proposed rule, 
will be considered in the

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approval/disapproval decision. Comments received after that date will 
not be considered in the approval/disapproval decision on the 
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.
    An action included in this proposed rule would affect the season 
dates for the retention of incidentally caught halibut in the sablefish 
primary fishery north of Point Chehalis. The Northern Pacific Halibut 
Act of 1982 (Halibut Act), 16 U.S.C. 773-773k, gives the Secretary of 
Commerce (Secretary) responsibility for implementing the provisions of 
the Convention between Canada and the United States for the 
Preservation of the Halibut Fishery of the North Pacific Ocean and 
Bering Sea (Halibut Convention), signed at Ottawa, Ontario, on March 2, 
1953, as amended by a Protocol Amending the Convention (signed at 
Washington, DC, on March 29, 1979). The Halibut Act requires that the 
Secretary adopt regulations to carry out the purposes and objectives of 
the Halibut Convention and Halibut Act (16 U.S.C. 773c). Additionally, 
as provided in the Halibut Act, the Regional Fishery Management 
Councils having authority for the geographic area concerned may 
develop, and the Secretary of Commerce may implement, regulations 
governing harvesting privileges among U.S. fishermen in U.S. waters 
that are in addition to, and not in conflict with, approved 
International Pacific Halibut Commission (IPHC) regulations (16 U.S.C. 
773c(c)).

A. Specification and Management Measure Development Process

    In 2021, the Northwest Fisheries Science Center (NWFSC) conducted 
full stock assessments for Dover sole, lingcod, vermilion rockfish/
sunset rockfish, and spiny dogfish. The NWFSC conducted data moderate 
assessments for copper rockfish, quillback rockfish, and squarespot 
rockfish off California. The NWFSC conducted an update assessment of 
sablefish. Additionally, the NWFSC reviewed catch-only assessment 
updates for a number of previously assessed stocks (arrowtooth 
flounder, petrale sole, canary rockfish and darkblotched rockfish), as 
well as a new yelloweye rockfish catch report. The NWFSC did not update 
assessments for the remaining stocks, so harvest specifications for 
these stocks are based on assessments from previous years. The full 
stock assessments used to set catch limits for this biennium are 
available on the Council's website (https://www.pcouncil.org/).
    The Council's stock assessment review panel (STAR panel) reviewed 
the stock assessments, including assessments on stocks for which some 
biological indicators are available, as described below, for technical 
merit, and to determine that each stock assessment document was 
sufficiently complete. Finally, the Council's Scientific and 
Statistical Committee (SSC) reviewed the stock assessments and STAR 
panel reports and made its recommendations to the Council (Agenda Item 
G.5, June 2021 Council meeting; Agenda Item C.6, September 2021 Council 
Meeting; Agenda Item E.2, November 2021 Council Meeting).
    The Council considered the new stock assessments, stock assessment 
updates, catch-only updates, public comment, recommendations from the 
SSC, and advice from its advisory bodies over the course of six Council 
meetings during development of its recommendations for the 2023-24 
harvest specifications and management measures. At each Council meeting 
between June 2021 and June 2022, the Council made a series of decisions 
and recommendations that were, in some cases, refined after further 
analysis and discussion. Agenda Item G.6, Supplemental Revised 
Attachment 1, June 2021 describes the Council's meeting schedule for 
developing the 2023-24 biennial harvest specifications. Additionally, 
detailed information, including the supporting documentation the 
Council considered at each meeting, is available at the Council's 
website, www.pcouncil.org.
    The 2023-24 biennial management cycle was the fourth cycle 
following PCGFMP Amendment 24 (80 FR 12567, March 10, 2015), which 
established default harvest control rules and was analyzed through an 
Environmental Impact Statement (EIS) (Final Environmental Impact 
Statement for Pacific Coast Groundfish Harvest Specifications and 
Management Measures for 2015-2016 and Biennial Periods Thereafter, and 
Amendment 24 to the PCGFMP, published January 2015). The EIS described 
the ongoing implementation of the PCGFMP and default harvest control 
rules. Under Amendment 24, the default harvest control rules used to 
determine the previous biennium's harvest specifications (i.e., 
overfishing limits (OFLs), acceptable biological catches (ABCs), and 
annual catch limits (ACLs)) are applied automatically to the best 
scientific information available to determine the future biennium's 
harvest specifications. NMFS implements harvest specifications based on 
the default harvest control rules used in the previous biennium unless 
the Council makes a recommendation to deviate from the default. 
Therefore, this rule implements the default harvest control rules, 
consistent with the last biennium (2021-22), for most stocks, and 
discusses Council-recommended departures from the defaults. The draft 
EA supporting this action identifies the preferred harvest control 
rules, management measures, and other management changes that were not 
described in the 2015 EIS, and will be posted on the NMFS West Coast 
Region webpage (see Electronic Access).
    Information regarding the OFLs, ABCs, and ACLs proposed for 
groundfish stocks and stock complexes in 2023-24 is presented below, 
followed by a discussion of the proposed management measures for 
commercial and recreational groundfish fisheries.

II. Proposed Harvest Specifications

    This proposed rule would set 2023-24 harvest specifications and 
management measures for 127 of the 128 groundfish stocks or management 
units which currently have ACLs or ACL contributions to stock complexes 
managed under the PCGFMP, except for Pacific whiting. Pacific whiting 
harvest specifications are established annually through a separate 
bilateral process with Canada.
    The proposed OFLs, ABCs, and ACLs are based on the best available 
biological and socioeconomic data, including projected biomass trends, 
information on assumed distribution of stock biomass, and revised 
technical methods used to calculate stock biomass. The PCGFMP specifies 
a series of three stock categories for the purpose of setting maximum 
sustainable yield (MSY),\1\ OFLs, ABCs, ACLs, and rebuilding standards. 
Category one represents the highest level of information quality 
available, while category three represents the lowest. Category one 
stocks are the relatively few stocks for which the NWFSC can conduct a 
``data rich'' quantitative stock assessment that incorporates catch-at-
age, catch-at-length, or other data. The SSC can generally calculate 
OFLs and overfished/rebuilding thresholds for these stocks, as well as 
ABCs, based on the uncertainty of the biomass estimated within an 
assessment or the variance in biomass estimates between assessments for 
all stocks in this category. The set of category two stocks includes a 
large number of stocks for which some

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biological indicators are available, yet status is based on a ``data-
moderate'' quantitative stock assessment. The category three stocks 
include minor stocks which are caught, but for which there is, at best, 
only information on landed biomass. For stocks in this category, there 
is limited data available for the SSC to quantitatively determine MSY, 
OFL, or an overfished threshold. Typically, catch-based methods (e.g., 
depletion-based stock reduction analysis, depletion corrected average 
catch, and average catches) are used to determine the OFL for category 
three stocks. A detailed description of each of these categories can be 
found in Section 4.2 of the PCGFMP.
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    \1\ MSY is the largest long-term average catch that can be taken 
from a fish stock under prevailing environmental and fishery 
conditions.
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A. Proposed OFLs for 2023 and 2024

    The OFL serves as the maximum amount of fish that can be caught in 
a year without resulting in overfishing. Overfishing occurs when a 
stock has a harvest rate, denoted as Fx, is set 
higher than the rate that produces the stock's MSY. The SSC derives 
OFLs for groundfish stocks with stock assessments by applying the 
harvest rate to the current estimated biomass (B). Harvest rates 
represent the rates of fishing mortality (F) that will reduce the 
female spawning potential ratio (SPR) to X percent of its unfished 
level. As an example, a harvest rate of F40 is more 
aggressive than F45 or F50 
harvest rates because F40 allows more fishing 
mortality on a stock (as it allows a harvest rate that would reduce the 
stock to 40 percent of its unfished level). The OFL does not account 
for scientific or management uncertainty, so the SSC typically 
recommends an ABC that is lower than the OFL in order to account for 
this uncertainty. Usually, the greater the amount of scientific 
uncertainty, the lower the ABC is set compared to the OFL.
    For 2023-24, the Council maintained its policy of using a default 
harvest rate as a proxy for the fishing mortality rate that is expected 
to achieve FMSY. The Council also maintained the same 
default harvest rate proxies as used in the 2021-22 biennium, based on 
the SSC's recommendations: F30 for flatfish (meaning 
an SPR harvest rate that would reduce the stock to 30 percent of its 
unfished level), F50 for rockfish (including 
longspine and shortspine thornyheads), F50 for 
elasmobranchs, and F45 for other groundfish such as 
sablefish and lingcod. For unassessed stocks, the Council recommended 
using a historical catch-based approach (e.g., average catch, 
depletion-corrected average catch, or depletion-based stock reduction 
analysis) to set the OFL. See Tables 1a and 2a to Part 660, Subpart C 
in the proposed regulatory text supporting this rule for the proposed 
2023-24 OFLs.
    The SAFE document for 2022, includes a detailed description of the 
scientific basis for all of the SSC-recommended OFLs proposed in this 
rule, and is available at the Council's website, www.pcouncil.org.

B. Proposed ABCs for 2023 and 2024

    The ABC is the stock or stock complex's OFL reduced by an amount 
associated with scientific uncertainty. The SSC-recommended P star-
sigma approach determines the amount by which the OFL is reduced to 
account for this uncertainty. Under this approach, the SSC recommends a 
sigma ([sigma]) value. The [sigma] value is generally based on the 
scientific uncertainty in the biomass estimates generated from stock 
assessments and is usually related to the stock category. After the SSC 
determines the appropriate [sigma] value, the Council chooses a P star 
(P*) based on its chosen level of risk aversion to address the 
consequences of the stock being elsewhere within the uncertainty 
represented by sigma.
    A P* of 0.5 equates to no additional reduction beyond the [sigma] 
value reduction. The PCGFMP specifies the upper limit of P* will be 
0.45. The P*-sigma approach is discussed in detail in the proposed and 
final rules for the 2011-12 (75 FR 67810, November 3, 2010; 76 FR 
27508, May 11, 2011) and 2013-14 (77 FR 67974, November 12, 2012; 78 FR 
580, January 3, 2013) biennial harvest specifications and management 
measures.
    The SSC quantified major sources of scientific uncertainty in the 
estimates of OFLs and generally recommended a [sigma] value of 0.5 for 
category one stocks, a [sigma] value of 1.0 for category two stocks, 
and a [sigma] value of 2.0 for category three stocks. For category two 
and three stocks, there is greater scientific uncertainty in the OFL 
estimate because the assessments for these stocks are informed by less 
data than the assessments for category one stocks. Therefore, the 
scientific uncertainty buffer is generally greater than that 
recommended for stocks with data-rich stock assessments. Assuming the 
same P* is applied, a larger [sigma] value results in a larger 
reduction from the OFL. For 2023-24, the Council continued the general 
policy of using the SSC-recommended [sigma] values for each stock 
category.
    For 2023-24, the Council maintained the P* policies it established 
for the previous biennium for most stocks, except when calculating the 
contribution of black rockfish to the Oregon blue/deacon/black rockfish 
complex. The Council considered alternative P* values for lingcod south 
of 40[deg]0' N lat., lingcod north of 40[deg]10' N lat., sablefish, 
spiny dogfish, vermilion and sunset rockfishes south of 4010' N lat., 
and vermilion and sunset rockfishes north of 40[deg]0' N lat., but 
ultimately decided to maintain the default P* value used in the 
previous biennium. The Council recommended using P* values of 0.45 for 
all individually managed category one stocks, except yelloweye 
rockfish. Combining the category one [sigma] value of 0.5 with the P* 
value of 0.45 results in a reduction of 6.1 percent from the OFL when 
deriving the ABC. For category two stocks, the Council's general policy 
was to apply a P* of 0.4, with a few exceptions. The Council 
recommended applying a P* of 0.45 for big skate, English sole, lingcod 
south of 40[deg]10' N lat., lingcod north of 40[deg]10' N lat., 
longnose skate, Pacific ocean perch, and all of the stocks managed in 
the Oregon blue/deacon/black rockfish complex, Nearshore Rockfish 
complexes, Shelf Rockfish Complexes, Slope Rockfish complexes, and the 
Other Fish complex. When combined with the [sigma] values of 1.00 for 
category two, a P* value of 0.45 corresponds to an 11.8 percent 
reduction and a P* value of 0.40 corresponds to a 22.4 percent 
reduction. For category three stocks, the Council's general policy was 
to apply a P* value of 0.45 for these stocks, except the Council 
recommended a P* value of 0.40 for cowcod between 40[deg]10' N lat. and 
34[deg]27' N lat., Pacific cod, starry flounder, and all stocks in the 
Other Flatfish complex. When combined with the [sigma] values of 2.00 
for category three, a P* value of 0.45 corresponds to 22.2 percent 
reduction and a P* value of 0.40 corresponds to a 39.8 percent 
reduction. See Table 1-3 of Agenda F.3, Supplemental Revised Attachment 
1, April 2022 Council meeting for the full description of [sigma] and 
P* values by stock. See Tables 1a and 2a to Part 660, Subpart C in the 
in the proposed regulatory text of this proposed rule for the proposed 
2023-24 ABCs.

C. Proposed ACLs for 2023 and 2024

    The Council recommends ACLs for each groundfish stock or management 
unit as defined in the PCGFMP. To determine the ACL for each stock, the 
Council will determine the best estimate of current stock abundance and 
its relation to the precautionary and overfished/rebuilding thresholds. 
Under the PCGFMP, the biomass level that produces MSY, or 
BMSY, is defined as the precautionary threshold. When the 
biomass for an assessed category one or

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two stock falls below BMSY, the ACL is set below the ABC 
using a harvest rate reduction to help the stock return to the 
BMSY level, which is the management target for groundfish 
stocks. If a stock biomass is larger than BMSY, the ACL may 
be set equal to the ABC, or the ACL may be set below the ABC to address 
conservation objectives, socioeconomic concerns, management 
uncertainty, or other factors necessary to meet management objectives. 
The overfished/rebuilding threshold is 25 percent of the estimated 
unfished biomass level for non-flatfish stocks or 50 percent of 
BMSY, if known. The overfishing/rebuilding threshold for 
flatfish stocks is 12.5 percent of the estimated unfished biomass 
level. When a stock is below BMSY (the precautionary 
threshold) but above the overfishing/rebuilding threshold, it is 
considered to be in the precautionary zone.
    Under PCGFMP Amendment 24, the Council set up default harvest 
control rules, which established default policies that would be applied 
to the best available scientific information to set ACLs each biennial 
cycle, unless the Council has reasons to diverge from that harvest 
control rule. A complete description of the default harvest control 
rules for setting ACLs is described in the proposed and final rule for 
the 2015-16 harvest specifications and management measures and PCGFMP 
Amendment 24 (80 FR 687, January 6, 2015; 80 FR 12567, March 10, 2015).
    The PCGFMP defines the 40-10 harvest control rule for stocks with a 
BMSY proxy of B40 that are in the 
precautionary zone as the standard reduction. The analogous harvest 
control rule with the standard reduction for assessed flatfish stocks 
is the 25-5 harvest control rule for flatfish stocks with a 
BMSY proxy of B25. The further the stock 
biomass is below the precautionary threshold, the greater the reduction 
in ACL relative to the ABC, until at B10 for a stock 
with a BMSY proxy of B40, or 
B5 for a stock with a BMSY proxy of 
B25, the ACL would be set at zero.
    Under the PCGFMP, harvest control rules are typically applied at 
the component species level for stock complexes to calculate ACLs. 
Resulting contribution values of each component species, or ACL 
contributions, are summed to equal the stock complex ACLs. For example 
the ACL contributions of black rockfish off of Oregon and quillback 
rockfish contribute to the overall ACL for Oregon black/deacon/blue 
rockfish stock complex and the Nearshore Rockfish complexes 
respectively.
    Under the PCGFMP, the Council may recommend setting the ACL at a 
different level than what the default harvest control rules specify as 
long as the ACL does not exceed the ABC and complies with the 
requirements of the Magnuson-Stevens Act (see the Analysis for 
information on the Magnuson-Stevens Act). For most of the stocks and 
stock complexes managed with harvest specifications for 2023-24, the 
Council chose to maintain the default harvest control rules from the 
previous biennial cycle. For the Oregon black/deacon/blue rockfish 
stock complex and the Nearshore Rockfish complexes, the Council 
recommended deviating from the default harvest control rule by changing 
how the contribution of black rockfish off of Oregon and quillback 
rockfish off of California are calculated. Table 1 presents a summary 
table of the proposed changes to default harvest control rules for 
certain stocks for 2023-24. Each of these changes is discussed further 
below.

                         Table 1--Proposed Changes to Harvest Control Rules for 2023-24
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                                                                                       ACL contribution to stock
     Stock complex  component            Alternative          Harvest control rule          complex \a\ \b\
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Black Rockfish off of Oregon......  Default..............  ACL contribution = ABC (P*  477 mt (2023), 471 mt
                                                            = 0.45).                    (2024).
                                    Proposed change......  ACL contribution = 2020     512 mt (2023), 512 mt
                                                            ABC.                        (2024).
Quillback Rockfish off of           Default..............  ACL contribution < ABC      2023 statewide ACL
 California.                                                with the 40-10 adjustment   contribution = 0.11 mt;
                                                            \c\ off California only     2024 statewide ACL
                                                            (P* = 0.45).                contribution = 0.42 mt.
                                    Proposed change......  ACL contribution < ABC      2023 statewide ACL
                                                            (SPR 0.55; P* 0.45).        contribution = 1.76 mt;
                                                                                        2024 statewide ACL
                                                                                        contribution = 1.93 mt.
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\a\ Default ACL is for 2023 and 2024 under the default harvest control rule, Proposed change ACL is for 2023 and
  2024 under the alternative harvest specifications.
\b\ The ACL contribution for quillback rockfish off of California are apportioned to create the ACL
  contributions to the nearshore rockfish complexes north and south of 40[deg] 10' N lat. The apportionment was
  determined by the proportion of catch between 2005 and 2020 north and south of 40[deg]10' N lat. in California
  where 49.6 percent of the statewide ACL is apportioned to the area between 42[deg] and 40[deg]10' N lat. for
  the California contribution to the northern complex, and 50.4 percent to the area south of 40[deg]10' N lat.
  for the contribution to the southern complex.
\c\ The 40-10 adjustment is applied to only some component species when calculating the complex ACL, where a
  precautionary reduction is warranted, per the PCGFMP at section 4.6.1. The 40-10 adjustment reduces the
  harvest rate to help the stock return to the maximum sustainable yield level.

Oregon Black Rockfish
    Oregon black rockfish is a category two stock, managed as part of 
the Oregon blue/deacon/black rockfish complex. Oregon black rockfish 
was first assessed as a single stock in 2015. In 2019, the Oregon black 
rockfish stock was estimated to be at 56 percent of its unfished 
spawning output. For 2021-22, the NWFSC conducted a catch-only update 
to the 2015 assessment by adding realized catch data from 2015-2018 and 
estimates of catch for 2019 and 2020. For 2021-2022, the Council 
recommended and NMFS approved a departure from the default harvest 
control rule on a case-specific basis to adopt an ABC for both years 
equal to the 2020 value (512 metric tons). The intent of the departure 
was to provide fishery stability, without significantly affecting stock 
status.
    Black rockfish is the primary target stock for nearshore 
recreational and commercial fisheries in Oregon and attainment of the 
ACL contribution is high. In 2017, Oregon recreational fisheries were 
shut down early because of black rockfish concerns, and the Council 
received public testimony as to the severe negative consequences for 
charter business operators and tourist-revenue dependent coastal 
communities resulting from this closure. Due to the constraining nature 
of black rockfish in Oregon and the biomass level being above the 
precautionary threshold, the Oregon Department of Fish and Wildlife 
(ODFW) recommended an alternative harvest control rule where the 2020 
ABC of 512 mt is specified in 2023 and 2024, and the ACL contributions 
are set equal to ABCs. The Magnuson-Stevens Act and the PCGFMP allow 
the SSC to recommend an ABC that differs from the

[[Page 62680]]

ABC control rule on a case by case basis, provided the SSC offers 
justification for its recommended deviation. In 2025, the current 
default harvest control rule (ABC=ACL, P* of 0.45) would once again 
apply to Oregon black rockfish.
    Catch-only projections for black rockfish (Agenda Item E.3, 
Attachment 3, November 2021) were completed for two scenarios that 
differed according to the timeframe for which ABCs/ACL contributions of 
512 mt were assumed (2021-2022 vs 2021-2024). For both scenarios, 
previously assumed catch projections for 2019 and 2020 were replaced 
with the lower observed catches for those years. Under both scenarios, 
the long-term projections result in a projected stock biomass at 54 
percent of its unfished spawning output in 2032. Stocks with biomass 
estimates greater than 40 percent depletion are above the precautionary 
thresholds in the PCGFMP. Because the biomass is the same under either 
scenario, the SSC endorsed this alternative harvest control rule for 
use in 2023-24.
    Therefore based on the Analysis, the Council has recommended and 
NMFS is proposing alternative harvest specifications for black rockfish 
off of Oregon as part of the Oregon blue/deacon/black rockfish complex. 
The alternative harvest control rule would implement an ACL for the 
2023 and 2024 biennium of 512 mt in each year. This ACL contributes to 
the overall stock complex ACL.
Quillback Rockfish Off California
    Quillback rockfish is managed as part of the Nearshore Rockfish 
complexes north and south of 40[deg]10' N lat. Quillback rockfish was 
assessed in 2021 (Agenda Item E.2, Attachment 4, November 2021). Due to 
differences in data availability and fishery exploitation, the 
quillback rockfish assessment split the species into three separate 
assessment areas by state boundary line. For purposes of stock status 
determination (i.e., whether the stock or stock complex is subject to 
overfishing or overfished), the assessments were combined to reflect 
(1) the status of quillback rockfish as a part of the nearshore 
rockfish complexes and (2) that quillback rockfish off California are 
not a stock defined separately from quillback rockfish off Oregon and 
Washington. However, the individual assessment areas suggested 
differences in abundance and potential localized depletion, which are 
addressed through this action as described below. The assessment for 
the portion of quillback rockfish off California indicated that portion 
is depleted.
    The Council recommended, and NMFS proposes, applying the default 
harvest control rule, P* 0.45, for quillback rockfish off of Washington 
and Oregon. Under the default harvest control rule for the portion 
quillback rockfish off of California, a precautionary adjustment (i.e., 
the 40-10 adjustment) would be applied. However, the Council 
anticipated scientific information about the population dynamics of the 
various stocks would improve over time. This information would result 
in improved estimates of appropriate harvest rates and the default 
values from the 40-10 adjustment could be replaced. In response to the 
best available scientific information related to the depletion specific 
to the portion of quillback rockfish off California estimated in the 
assessment, the Council recommended additional steps to reduce 
mortality in that assessment area. The Council considered a range of 
alternative harvest control rules for the portion of quillback rockfish 
off California based on the January 2022 draft rebuilding analysis 
which is available at https://www.pcouncil.org/stock-assessments-star-reports-stat-reports-rebuilding-analyses-terms-of-reference/groundfish-stock-assessment-documents/. The Council's SSC endorsed the rebuilding 
analysis for use in management, with which the alternative harvest 
control rules are consistent. However, as noted above, because for 
status determination purposes in the 2023-2024 biennium, quillback 
rockfish off California are not a stock defined separately from 
quillback rockfish off Oregon and Washington and are part of a stock 
complex. NMFS has not determined that any stock or stock complex is 
overfished and development of a rebuilding plan is not required.
    The Council recommended setting the California statewide ACL 
contribution of quillback rockfish to the complexes below the statewide 
ABC contribution of quillback rockfish to the complexes to allow the 
spawning output of quillback rockfish in this assessment area to 
increase toward the management target. The statewide harvest 
specifications were then apportioned to create the ACL contributions to 
the nearshore rockfish complexes north and south of 40[deg]10' N lat. 
The apportionment was determined by the proportion of catch between 
2005 and 2020 north and south of 40[deg]10' N lat. in California where 
49.6 percent of the statewide ACL is apportioned to the area between 
42[deg] and 40[deg]10' N lat. for the California contribution to the 
northern complex, and 50.4 percent to the area south of 40[deg]10' N 
lat. for the contribution to the southern complex. The California 
statewide ACL was used to inform the Council's recommendation on 
harvest specifications for the nearshore rockfish complexes, and 
precautionary management measures for quillback rockfish (see Sections 
III.G, III.M, and III.N).
    Therefore, based on the best scientific information available as 
detailed in the Analysis and Agenda Item F.6.a Supplemental Groundfish 
Management Team Report 2, June 2022, the Council has recommended, and 
NMFS is proposing, alternative harvest specifications for quillback 
rockfish as part of the Nearshore Rockfish complexes north and south of 
40[deg]10' N lat. The alternative harvest control rule would implement 
a statewide ACL contribution of 1.76 mt in 2023 and 1.93 mt in 2024. 
Based on the apportionment described above, the ACL contribution for 
the portion of quillback rockfish off of California to the Nearshore 
Rockfish complex north of 40[deg]10' N lat. would be 0.87 mt in 2023 
and 0.89 mt in 2024. The ACL contribution for the portion of quillback 
rockfish off of California to the Nearshore Rockfish complex south of 
40[deg]10' N lat. would be 0.96 mt in 2023 and 0.97 mt in 2024.
Stocks in Rebuilding Plans
    When NMFS declares a stock overfished, the Council must develop and 
manage the stock in accordance with a rebuilding plan. For overfished 
stocks in the PCGFMP, this means that the harvest control rule for 
overfished stocks sets the ACL based on the rebuilding plan. The 
proposed rules for the 2011-12 (75 FR 67810, November 3, 2010) and 
2013-14 (77 FR 67974, November 14, 2012) harvest specifications and 
management measures contain extensive discussions on the management 
approach used for overfished stocks, which are not repeated here. In 
addition, the SAFE document posted on the Council's website at https://www.pcouncil.org/groundfish/safe-documents/ contains a detailed 
description of each overfished stock, its status and management, as 
well as the SSC's approach for rebuilding analyses. This document 
provides information on yelloweye rockfish, which is the only remaining 
rebuilding stock in the PCGFMP. NMFS declared yelloweye rockfish 
overfished in 2002. The Council adopted a rebuilding plan for the stock 
in 2004, and revised the rebuilding plan in 2011 under Amendment 16-4 
to the PCGFMP, and again during the 2019-20 biennium (83 FR 63970, 
December 12, 2018). The Council proposed yelloweye rockfish ACLs for 
2023 and 2024 are

[[Page 62681]]

based on the current yelloweye rockfish rebuilding plan, so additional 
details are not repeated here. Appendix F to the PCGFMP contains the 
most recent rebuilding plan parameters, as well as a history of each 
overfished stock, and can be found at https://www.pcouncil.org/groundfish/fisherymanagement-plan/.
    Additionally, the Council recommended, and NMFS is proposing, to 
establish annual catch targets (ACTs) within the non-trawl allocation 
harvest guideline (HG). The non-trawl sector includes the limited entry 
fixed gear (LEFG) and open access (OA) fisheries as well as the 
recreational fisheries for Washington, Oregon, and Californ ia. The 
nearshore fisheries occur seaward of Oregon and California and are 
subject to both Federal and state HGs as well as other state-specific 
management measures. The non-nearshore fisheries include the limited 
entry and Federal open access fixed gear fleets. Tables 2 and 3 outline 
the proposed harvest specifications for 2023 and 2024 for yelloweye 
rockfish.

                           Table 2--2023 Harvest Specifications for Yelloweye Rockfish
----------------------------------------------------------------------------------------------------------------
                                     OFL (mt)        ABC (mt)        ACL (mt)         HG (mt)        ACT (mt)
----------------------------------------------------------------------------------------------------------------
All sectors.....................             123             103              66            55.3  ..............
    Non-trawl...................  ..............  ..............  ..............            50.9            39.9
        Non-Nearshore...........  ..............  ..............  ..............            10.7             8.4
        Nearshore
        Washington Recreational.  ..............  ..............  ..............            13.2            10.4
        Oregon Recreational.....  ..............  ..............  ..............            11.7             9.2
        California Recreational.  ..............  ..............  ..............            15.3            12.0
    Trawl.......................  ..............  ..............  ..............             4.4  ..............
----------------------------------------------------------------------------------------------------------------


                           Table 3--2024 Harvest Specifications for Yelloweye Rockfish
----------------------------------------------------------------------------------------------------------------
                                     OFL (mt)        ABC (mt)        ACL (mt)         HG (mt)        ACT (mt)
----------------------------------------------------------------------------------------------------------------
All sectors.....................             123             103              66            55.3  ..............
    Non-trawl...................  ..............  ..............  ..............            50.9            39.9
        Non-Nearshore...........  ..............  ..............  ..............            10.7             8.4
        Nearshore
        Washington Recreational.  ..............  ..............  ..............            13.2            10.4
        Oregon Recreational.....  ..............  ..............  ..............            11.7             9.2
        California Recreational.  ..............  ..............  ..............            15.3            12.0
    Trawl.......................  ..............  ..............  ..............             4.4  ..............
----------------------------------------------------------------------------------------------------------------

    The Council recommended using ACTs for the non-trawl sector as a 
precaution. As discussed in the Analysis, because yelloweye rockfish 
catch has been restricted for many years, it is difficult to project 
encounter rates. This precautionary approach to higher catch limits 
would allow more access to target fisheries for the non-trawl sector, 
while also managing for the uncertainty and volatility in catch of this 
rebuilding stock by this sector.

D. Summary of ACL Changes From 2022 to 2023-24

    Table 4 compares the ACLs for major stocks and stock complexes for 
2022 and 2023-24. Under this proposed rule, of the 42 stocks and stock 
complexes managed with ACLs in 2022, 8 stocks would have higher ACLs in 
2023 and 2024 than in 2022, 23 would have ACLs that would decrease in 
2023 from 2022, and 7 would have ACLs that would be close to the amount 
in place in 2022. Three stocks (Dover sole, Pacific cod, and starry 
flounder), and one stock complex (Other fish), would have the same ACLs 
in 2022, 2023, and 2024. Under this proposed rule, the ACL for 
yelloweye rockfish would increase by 29.4 percent. This is based on the 
projections from the 2017 rebuilding analysis and the default harvest 
control rule specifying ACLs based on the SPR harvest rate of 65 
percent. This predicted slow rate of rebuilding is anticipated for this 
slow growing species. One stock (arrowtooth flounder) has an ACL that 
would increase more than 100 percent. This increase is due to new 
information provided in the 2021 catch-only assessment update. The 37.5 
percent increase in sablefish north of 36[deg] N lat. is due to new 
information from the update assessment of sablefish. The 31.1 percent 
decrease in lingcod south of 40[deg]10' N lat. is due to new 
information provided in the 2021 stock assessment.

                    Table 4--ACLs for Major Stocks and Management Units for 2022, and 2023-24
----------------------------------------------------------------------------------------------------------------
                                                                     ACL (mt)
         Stock/complex                Area       ------------------------------------------------ Percent change
                                                       2022            2023            2024        2022 to 2023
----------------------------------------------------------------------------------------------------------------
YELLOWEYE ROCKFISH............  Coastwide.......              51              66              66            29.4
Arrowtooth Flounder...........  Coastwide.......           8,458          18,632          14,178           120.3
Big Skate.....................  Coastwide.......           1,389           1,320           1,267            -5.0
Black Rockfish................  WA..............             291             290             289            -0.3
Black Rockfish................  CA..............             341             334             329            -2.1
Bocaccio......................  S of 40[deg]10'.           1,724           1,842           1,828             6.8
Cabezon.......................  CA..............             195             182             171            -6.7

[[Page 62682]]

 
Cabezon/Kelp Greenling........  WA..............              17              20              17            17.6
Cabezon/Kelp Greenling........  OR..............             190             185             180            -2.6
California Scorpionfish.......  Coastwide.......             275             262             252            -4.7
Canary Rockfish...............  Coastwide.......           1,307           1,284           1,267            -1.8
Chilipepper...................  S of 40[deg]10'.           2,259           2,183           2,121            -3.4
Cowcod........................  S of 40[deg]10'.              82              80              79            -2.4
Darkblotched Rockfish.........  Coastwide.......             831             785             750            -5.5
Dover Sole....................  Coastwide.......          50,000          50,000          50,000             0.0
English Sole..................  Coastwide.......           9,101           9,018           8,960            -0.9
Lingcod.......................  N of 40[deg]10'.           4,958           4,378           3,854           -11.7
Lingcod.......................  S of 40[deg]10'.           1,172             726             722           -38.1
Longnose Skate................  Coastwide.......           1,761           1,708           1,660            -3.0
Longspine Thornyhead..........  N of 34[deg]27'.           2,452           2,295           2,162            -6.4
Longspine Thornyhead..........  S of 34[deg]27'.             774             725             683            -6.3
Pacific Cod...................  Coastwide.......           1,600           1,600           1,600             0.0
Pacific Ocean Perch...........  N of 40[deg]10'.           3,711           3,573           3,443            -3.7
Petrale Sole..................  Coastwide.......           3,660           3,485           3,285            -4.8
Sablefish.....................  N of 36[deg]....           6,172           8,486           7,780            37.5
Sablefish.....................  S of 36[deg]....           2,203           2,338           2,143             6.1
Shortspine Thornyhead.........  N of 34[deg]27'.           1,393           1,359           1,328            -2.4
Shortspine Thornyhead.........  S of 34[deg]27'.             737             719             702            -2.4
Spiny Dogfish.................  Coastwide.......           1,585           1,456           1,407            -8.1
Splitnose.....................  S of 40[deg]10'.           1,630           1,592           1,553            -2.3
Starry Flounder...............  Coastwide.......             392             392             392             0.0
Widow Rockfish................  Coastwide.......          13,788          12,624          11,482            -8.4
Yellowtail Rockfish...........  N of 40[deg]10'.           5,831           5,666           5,560            -2.8
Blue/Deacon/Black Rockfish....  OR..............             600             597             594            -0.5
Nearshore Rockfish North......  N of 40[deg]10'.              77              93              91            20.8
Nearshore Rockfish South......  S of 40[deg]10'.           1,010             887             891           -11.2
Other Fish....................  Coastwide.......             223             223             223             0.0
Other Flatfish................  Coastwide.......           4,838           4,862           4,874             0.5
Shelf Rockfish North..........  N of 40[deg]10'.           1,450           1,283           1,278           -11.5
Shelf Rockfish South..........  S of 40[deg]10'.           1,428           1,469           1,469             2.9
Slope Rockfish North..........  N of 40[deg]10'.           1,568           1,540           1,516            -1.8
Slope Rockfish South..........  S of 40[deg]10'.             705             701             697            -0.6
----------------------------------------------------------------------------------------------------------------
Note: Rebuilding stocks are capitalized.

III. Proposed Management Measures

    This section describes proposed management measures used to further 
allocate the ACLs to the various components of the fishery (i.e., 
biennial fishery harvest guidelines and set-asides) and management 
measures to control fishing. Management measures for the commercial 
fishery modify fishing behavior during the fishing year to ensure catch 
does not exceed the ACL, and include trip and cumulative landing 
limits, time/area closures, size limits, and gear restrictions. 
Management measures for the recreational fisheries include bag limits, 
size limits, gear restrictions, fish dressing requirements, and time/
area closures.

A. Deductions From the ACLs

    Before making allocations to the primary commercial and 
recreational components of groundfish fisheries, the Council recommends 
``off-the-top deductions,'' or deductions from the ACLs to account for 
anticipated mortality for certain types of activities: harvest in 
Pacific Coast treaty Indian tribal fisheries; harvest in scientific 
research activities; harvest in non-groundfish fisheries (incidental 
catch); and harvest that occurs under EFPs. These off-the-top 
deductions are proposed for individual stocks or stock complexes and 
can be found in the footnotes to Tables 1a and 2a to part 660, subpart 
C in the regulatory text of this proposed rule. The details of the EFPs 
are discussed below in Section III.H.

B. Tribal Fisheries

    The Quileute Tribe, Quinault Indian Nation, Makah Indian Tribe, and 
Hoh Indian Tribe (collectively, ``the Pacific Coast Tribes'') implement 
management measures for Tribal fisheries both independently as 
sovereign governments and cooperatively with the management measures in 
the Federal regulations. The Pacific Coast Tribes work through the 
Pacific Fishery Management Council process to maintain groundfish set-
asides, harvest guidelines, and allocations pursuant to treaty fishing 
rights and as co-managers of the resource. The Pacific Coast Tribes may 
adjust their Tribal fishery management measures inseason to stay within 
the Tribal set-asides and allocations and within the estimated impacts 
to overfished stocks. Table 5 provides the proposed Tribal harvest set-
asides and allocations proposed for the 2023-24 biennium for groundfish 
species other than Pacific whiting, which is allocated through a 
separate annual specifications process. These targets are consistent 
with the 2022 targets, with the exception of Pacific ocean perch 
(increased to 130 mt) and darkblotched rockfish (increased to 5 mt).

[[Page 62683]]



Table 5--Proposed Tribal Harvest Set-Asides and Allocations for the 2023-
             24 Biennium Compared to Those in Place in 2022
------------------------------------------------------------------------
                                               Off the top deduction
                  Stock                  -------------------------------
                                             2022 (mt)    2023-2024 (mt)
------------------------------------------------------------------------
Arrowtooth Flounder.....................           2,041           2,041
Big Skate...............................              15              15
WA Black Rockfish.......................              18              18
Canary Rockfish.........................              50              50
Darkblotched Rockfish...................             0.2               5
Dover Sole..............................           1,497           1,497
English Sole............................             200             200
Lingcod N of 40[deg]10' N lat...........             250             250
Longnose Skate..........................             220             220
Longspine Thornyhead N of 34[deg]27' N                30              30
 lat....................................
Pacific cod.............................             500             500
Pacific Ocean Perch.....................             9.2             130
Petrale Sole............................             350             350
Sablefish N of 36[deg] N lat.\a\........           656.6      849 (2023)
                                                              778 (2024)
Shortspine Thornyhead S of 34[deg]27' N               50              50
 lat....................................
Spiny Dogfish...........................             275             275
Widow rockfish..........................             200             200
Yellowtail Rockfish.....................           1,000           1,000
WA Cabezon/Kelp Greenling...............               2               2
Nearshore Rockfish North................             1.5             1.5
Other Flatfish..........................              60              60
Shelf Rockfish North....................              30              30
Slope Rockfish North....................              36              36
------------------------------------------------------------------------
\a\ Sablefish is allocated according to Amendment 6 of the PCGFMP and 50
  CFR 660.50(f)(2).

    The Pacific Coast Tribes proposed trip limit management in Tribal 
fisheries for 2023-24--for several stocks, including several rockfish 
stocks and stock complexes. This rule proposes the trip limits for 
Tribal fisheries as provided to the Council at its June 2022 meeting in 
Supplemental Tribal Report 1, Agenda Item F.6.a. For rockfish stocks, 
Tribal regulations will continue to require full retention of all 
overfished rockfish stocks and marketable non-overfished rockfish 
stocks. The Pacific Coast Tribes will continue to develop management 
measures, including depth, area, and time restrictions, in the directed 
Tribal Pacific halibut fishery in order to minimize incidental catch of 
yelloweye rockfish.

C. Biennial Fishery Allocations

    The Council routinely recommends 2-year trawl and non-trawl 
allocations during the biennial specifications process for stocks 
without formal allocations (as defined in Section 6.3.2 of the PCGFMP) 
or stocks where the long-term allocation is suspended because the stock 
is declared overfished.
    The trawl and non-trawl allocations, with the exception of 
sablefish north of 36[deg] N lat., are based on the fishery harvest 
guideline. The fishery harvest guideline is the tonnage that remains 
after subtracting the off-the-top deductions described in Section III., 
A, entitled ``Deductions from the ACLs,'' in this preamble. The trawl 
and non-trawl allocations and recreational harvest guidelines are 
designed to accommodate anticipated mortality in each sector as well as 
variability and uncertainty in those mortality estimates. Additional 
information on the Council's allocation framework and formal 
allocations can be found in Section 6.3 of the PCGFMP and Sec.  660.55 
of the Federal regulations. Allocations described below are detailed in 
the harvest specification tables appended to 50 CFR part 660, subpart C 
in the regulatory text of this proposed rule.
Big Skate
    The Council recommended and NMFS is proposing the allocations shown 
in Table 6 for big skate in 2023 and 2024. These allocations are 
anticipated to accommodate estimates of mortality of big skate, by 
sector, in 2023-24. Allocations of big skate are determined on a 
biennial basis. For 2023-24, the Council elected to maintain the 
current big skate split of 95 percent to the trawl fishery and 5 
percent to the non-trawl fishery. This results in a trawl allocation of 
1,197.2 mt and a non-trawl allocation of 63 mt in 2023, as well as a 
trawl allocation of 1,146.8 mt and a non-trawl allocation of 60.4 mt in 
2024. No further allocations or deductions are made.

                         Table 6--2023 and 2024 Trawl/Non-Trawl Allocations of Big Skate
----------------------------------------------------------------------------------------------------------------
                                                                             2023 Allocation    2024 Allocation
                                                              Percentage           (mt)               (mt)
----------------------------------------------------------------------------------------------------------------
Trawl.....................................................              95            1,197.2            1,146.8
Non-trawl.................................................               5                 63               60.4
----------------------------------------------------------------------------------------------------------------


[[Page 62684]]

Bocaccio South of 40[deg]10' N Lat.
    Specifications for bocaccio are determined through the biennial 
specifications process. For 2023-24, the Council recommended and NMFS 
is proposing the allocations shown in Table 7 for bocaccio in 2023 and 
2024, which maintain the allocation structure from the previous 
biennium. These allocations are anticipated to accommodate estimates of 
mortality of bocaccio, by sector, in 2023-24. In each year, the fishery 
harvest guideline is split with 39 percent going to the trawl sectors 
and 61 percent to the non-trawl sectors. For the trawl sector this 
results in an allocation of 700.3 mt in 2023 and 694.9 mt in 2024. The 
non-trawl sectors would receive 1,093.5 mt in 2023 and 1,085 mt in 
2024. The non-trawl allocation is then distributed between the 
commercial (nearshore and non-nearshore fisheries) and California 
recreational fisheries. In 2023, the commercial sector would receive 
30.9 percent of the non-trawl allocation or 337.9 mt, and the 
California recreational sector would receive 755.6 mt. In 2024, the 
same percentage would remain in place with the commercial sector 
receiving 335.3 mt and the California recreational sector receiving 
749.7 mt.

                                 Table 7--2023 and 2024 Allocations of Bocaccio
----------------------------------------------------------------------------------------------------------------
                                                                             2023 Allocation    2024 Allocation
                                                              Percentage           (mt)               (mt)
----------------------------------------------------------------------------------------------------------------
Trawl.....................................................              39              700.3              694.9
Non-trawl \a\.............................................              61            1,093.5              1,085
----------------------------------------------------------------------------------------------------------------
\a\ The California recreational sector share of the non-trawl allocation is 755.6 mt in 2023 and 749.7 mt in
  2024.

Canary Rockfish
    The Council recommended and NMFS is proposing the allocations in 
Table 8 for canary rockfish in 2023 and 2024, which maintain the status 
quo proportions from the 2021-22 biennium. These allocations are 
anticipated to accommodate estimates of mortality of canary rockfish, 
by sector, in 2023-24. For canary rockfish, the fishery harvest 
guideline is distributed to the trawl and non-trawl sectors with trawl 
receiving 72.3 percent and non-trawl sectors receiving 27.7 percent 
each year. In 2023, the trawl sector would receive 880.7 mt of canary 
rockfish, of which 36 mt would be deducted to account for bycatch in 
the at-sea sectors, and the remaining 844.7 mt would be distributed to 
the shorebased individual fishing quota (IFQ) sector. In 2023, the non-
trawl sector would receive 337.4 mt which is distributed to the 
commercial non-trawl (121.5 mt), WA recreational (41.5 mt), OR 
recreational (62.4 mt), and CA recreational (112.0 mt) fisheries. In 
2024, the trawl sector would receive 868.4 mt of canary rockfish, of 
which 36 mt would be deducted to account for bycatch in the at-sea 
sectors, and the remaining 832.4 mt would be distributed to the 
shorebased IFQ sector. The non-trawl sector would receive 332.7 mt, 
which is distributed to the commercial non-trawl sector (119.8 mt), WA 
recreational (40.9 mt), OR recreational (61.5 mt), and CA recreational 
(110.5 mt) fisheries.

          Table 8--2023 and 2024 Allocations of Canary Rockfish
------------------------------------------------------------------------
                                     2023 Allocation    2024 Allocation
                                           (mt)               (mt)
------------------------------------------------------------------------
Shorebased IFQ Program............              844.7              832.4
At-sea Sectors....................                 36                 36
Nearshore/Non-nearshore...........              121.5              119.8
Washington recreational...........               41.5               40.9
Oregon recreational...............               62.4               61.5
California recreational...........              112.0              110.5
------------------------------------------------------------------------

Cowcod
    For 2023-24, the Council recommended and NMFS is proposing to 
remove the 50 mt ACT for cowcod south of 40[deg]10' N lat. that was in 
place during the 2021-22 biennium. The ACT was included in the 2021-22 
biennium out of concern of the risk of exceeding the ACL and to account 
for stock assessment uncertainty. Improved inseason monitoring tools 
have been effective at monitoring cowcod mortality and reducing 
management uncertainty. Therefore, the Council recommended removing the 
50 mt ACT to provide additional flexibility and stability to the non-
trawl sector south of 40[deg]10' N lat. Table 9 shows the trawl/non-
trawl allocations for cowcod for 2023 and 2024. NMFS anticipates the 
proposed allocation structure will accommodate estimates of mortality 
of cowcod, by sector, in 2023-24. The fishery harvest guideline is 
distributed to the trawl and non-trawl sectors, with the trawl sector 
receiving 36 percent and the non-trawl sector receiving 64 percent each 
year. The trawl sector would receive 24.8 mt of cowcod in 2023 and 24.4 
mt in 2024. The non-trawl sector would receive 44.0 mt in 2023 and 43.4 
mt in 2024, which is distributed to the commercial and recreational 
sectors as a 50/50 split. The Council also recommended, and NMFS 
proposes, sector-specific ACTs based on the 50/50 split. For 2023 the 
commercial sector ACT would be 22 mt and the recreational sector ACT 
would be 22 mt. For 2024 the commercial sector ACT would be 21.7 mt and 
the recreational sector ACT would be 21.7 mt. Utilizing sector-specific 
ACTs within the non-trawl sector, in addition to maintaining the 
proposed zero retention requirement in the non-trawl sector, should 
help to reduce management uncertainty with the proposed removal of the 
50 mt ACT below the fishery harvest guideline.

[[Page 62685]]



                          Table 9--2023 and 2024 Trawl/Non-Trawl Allocations of Cowcod
----------------------------------------------------------------------------------------------------------------
                                                                             2023 Allocation    2024 Allocation
                                                              Percentage           (mt)               (mt)
----------------------------------------------------------------------------------------------------------------
Trawl.....................................................              36               24.8               24.4
Non-trawl.................................................              64               44.1               43.4
----------------------------------------------------------------------------------------------------------------

Lingcod South of 40[deg]10' N Lat.
    The Council recommended and NMFS is proposing the trawl/non-trawl 
allocations for lingcod south of 40[deg]10' N lat. in Table 10. These 
allocations are anticipated to accommodate estimates of mortality of 
lingcod, by sector, in 2023-24.
    Specifications for the lingcod south of 40[deg]10' N lat. were 
established through the biennial process with a trawl/non-trawl 
allocation for the 2023-24 specifications of 40 percent of the harvest 
guideline to trawl sector and 60 percent to non-trawl sector. In 2023, 
the distribution results in 285.2 mt to the trawl sector and 427.8 mt 
to the non-trawl sectors. In 2024, the distribution results in 285.2 mt 
to the trawl sectors and 425.4 mt to the non-trawl sectors. No further 
allocations or distributions are made.

            Table 10--2023 and 2024 Trawl/Non-Trawl Allocations of Lingcod South of 40[deg]10' N Lat.
----------------------------------------------------------------------------------------------------------------
                                                                             2023 Allocation    2024 Allocation
                                                              Percentage           (mt)               (mt)
----------------------------------------------------------------------------------------------------------------
Trawl.....................................................              40              285.2              283.6
Non-trawl.................................................              60              427.8              425.4
----------------------------------------------------------------------------------------------------------------

Longnose Skate
    The Council recommended and NMFS is proposing the trawl/non-trawl 
allocations for longnose skate in Table 11. The allocation percentages, 
90 percent to trawl and 10 percent to non-trawl, reflect historical 
catch of longnose skate in the two sectors. These allocations are 
anticipated to accommodate estimates of mortality of longnose skate, by 
sector, in 2023-24. In 2023, the 90/10 distribution results in 1,311.0 
mt to the trawl sectors and 145.7 mt to the non-trawl sectors. In 2024, 
the distribution results in 1,267.8 mt to the trawl sectors and 140.9 
mt to the non-trawl sectors.

                      Table 11--2023 and 2024 Trawl/Non-Trawl Allocations of Longnose Skate
----------------------------------------------------------------------------------------------------------------
                                                                             2023 Allocation    2024 Allocation
                                                              Percentage           (mt)               (mt)
----------------------------------------------------------------------------------------------------------------
Trawl.....................................................              90            1,311.0            1,267.8
Non-trawl.................................................              10              145.7              140.9
----------------------------------------------------------------------------------------------------------------

Minor Shelf Rockfish
    Allocations for Minor Shelf Rockfish are recommended by the Council 
and proposed by NMFS for each biennial cycle. The proposed allocations 
for 2023 and 2024 are shown in Table 12. Specifications for the shelf 
rockfish complex north of 40[deg]10' N lat. were established through 
the biennial process with a trawl/non-trawl allocation for the 2023-24 
specifications of 60.2 percent to trawl sectors and 39.8 percent to 
non-trawl sectors. In 2023, the distribution results in 729.7 mt to the 
trawl sectors and 482.4 mt to the non-trawl sectors. In 2024, the 
distribution results in 726.7 mt to the trawl sectors and 480.4 mt to 
the non-trawl sectors. Of the amount going to the trawl sectors, 35 mt 
is deducted each year from the trawl allocation to account for bycatch 
in the at-sea whiting sectors, with the remaining 694.7 mt in 2023 and 
691.7 mt in 2024 going to the shorebased IFQ fishery. No further 
allocations or distributions are made.
    Specifications for the shelf rockfish complex south of 40[deg]10' N 
lat. were established through the biennial process with a trawl/non-
trawl allocation for the 2023-24 specifications of 12.2 percent to 
trawl sectors and 87.8 percent to non-trawl sectors. In 2023 and 2024, 
the distribution results in 163.9 mt to the trawl sectors and 1,173.2 
mt to the non-trawl sectors. No further allocations or distributes are 
made.

       Table 12--Trawl/Non-Trawl Allocations for Minor Shelf Rockfish North and South of 40[deg]10' N Lat.
----------------------------------------------------------------------------------------------------------------
                                                                             2023 Allocations   2024 Allocations
                                                              Percentage           (mt)               (mt)
----------------------------------------------------------------------------------------------------------------
Minor Shelf Rockfish north of 40[deg]10' N lat.:
    Trawl.................................................            60.2              729.7              726.7
    Non-trawl.............................................            39.8              482.4              480.4
Minor Shelf Rockfish south of 40[deg]10' N lat.:
    Trawl.................................................            12.2              163.0              163.0
    Non-trawl.............................................            87.8            1,173.2            1,173.2
----------------------------------------------------------------------------------------------------------------


[[Page 62686]]

Slope Rockfish Complex
    Allocations for slope rockfish complex south of 40[deg]10' N lat., 
including custom shares for blackgill rockfish, are recommended by the 
Council and proposed by NMFS for each biennial cycle. The proposed 
allocations for 2023 and 2024 are shown in Table 13. The Council 
recommended blackgill rockfish within the slope rockfish complex south 
of 40[deg]10' N lat. be managed by setting an HG for blackgill rockfish 
that was equal to the species specific ACL contribution to the slope 
rockfish complex south of 40[deg]10' N lat. The blackgill rockfish HG 
was then used to allocate 41 percent to the trawl sector and 59 percent 
to the non-trawl sector. Then, trawl (63 percent) and non-trawl (37 
percent) allocations were applied to the remaining species in the 
complex. Finally, the off-the top set-asides are then deducted to 
produce the final two-year allocations. In 2023, the distribution 
results in 378.7 mt to the trawl sectors and 279.3 mt to the non-trawl 
sectors. In 2024, the distribution results in 381.mt to the trawl 
sectors and 280.2 mt to the non-trawl sectors.

            Table 13--Trawl/Non-Trawl Allocations for Minor Slope Rockfish South of 40[deg]10' N Lat.
----------------------------------------------------------------------------------------------------------------
                                                       2023 Allocations (mt)           2024 Allocations (mt)
                    Category                     ---------------------------------------------------------------
                                                       Trawl         Non-trawl         Trawl         Non-trawl
----------------------------------------------------------------------------------------------------------------
Blackgill rockfish share........................      70.7 (41%)     101.7 (59%)      69.7 (41%)     100.2 (59%)
``Other slope rockfish'' share..................     330.5 (63%)     194.1 (37%)     334.6 (63%)     196.5 (37%)
Share (mt)......................................           401.2           295.8           404.3           296.7
                                                 ---------------------------------------------------------------
    Total.......................................               697.0
                                                               701.0
----------------------------------------------------------------------------------------------------------------
Percentage of total share.......................          57.56%          42.44%          57.67%          42.33%
----------------------------------------------------------------------------------------------------------------
    Total combined off-top......................                39
                                                                39
----------------------------------------------------------------------------------------------------------------
Apportioned off-top.............................            22.4            16.6            22.5            16.5
Final two year allocation.......................           378.7           279.3           381.8           280.2
----------------------------------------------------------------------------------------------------------------

Petrale Sole
    The Council recommended and NMFS is proposing the trawl/non-trawl 
allocations for petrale sole in Table 14. These allocations are 
anticipated to accommodate estimates of mortality of petrale sole, by 
sector, in 2023-24. For the 2023-24 biennium, 30 mt of petrale sole 
would be allocated to the non-trawl sector and the remainder would go 
to the trawl sector each year. In 2023, the distribution results in 
3,068.8 mt to the trawl sector. In 2024, the trawl sector would receive 
2,868.8 mt.

                       Table 14--2023 and 2024 Trawl/Non-Trawl Allocations of Petrale Sole
----------------------------------------------------------------------------------------------------------------
                                                                             2023 Allocation    2024 Allocation
                                                              Percentage           (mt)               (mt)
----------------------------------------------------------------------------------------------------------------
Trawl.....................................................  ..............            3,068.8            2,868.8
Non-trawl.................................................  ..............                 30                 30
----------------------------------------------------------------------------------------------------------------

Widow Rockfish
    The Council recommended and NMFS is proposing the trawl/non-trawl 
allocations for widow rockfish in Table 15. These allocations are 
anticipated to accommodate estimates of mortality of widow rockfish, by 
sector, in 2023-24. For the 2023-24 biennium, 400 mt of widow rockfish 
would be allocated to the non-trawl sector and the remainder would go 
to the trawl sector each year. In 2023, the distribution results in 
11,985.7 mt to the trawl sector. In 2024, the trawl sector would 
receive 10,843.7 mt.

                      Table 15--2023 and 2024 Trawl/Non-Trawl Allocations of Widow Rockfish
----------------------------------------------------------------------------------------------------------------
                                                                             2023 Allocation    2024 Allocation
                                                              Percentage           (mt)               (mt)
----------------------------------------------------------------------------------------------------------------
Trawl.....................................................  ..............           11,985.7           10,843.7
Non-trawl.................................................  ..............                400                400
----------------------------------------------------------------------------------------------------------------

D. Corrections and Additional Waypoints for Rockfish Conservation Areas

    Rockfish Conservation Areas (RCAs) are large area closures intended 
to reduce the catch of a stock or stock complex by restricting fishing 
activity at specific depths. The boundaries for RCAs are defined by 
straight lines connecting a series of latitude and longitude 
coordinates that approximate depth contours. These sets of coordinates, 
or lines, are not gear or fishery specific, but can be used in 
combination to define an area. NMFS then implements fishing 
restrictions for a specific gear and/or fishery within each defined 
area.
    For the 2023-24 biennium, the Council recommended and NMFS is 
proposing line modifications seaward of California around Eel Canyon 
(near Eureka), Mendocino Canyon, Mattole Canyon, the Farallon Islands 
(near San Francisco), the Channel Islands (near Santa Barbara and east 
of Anacapa Island), Redondo Canyon, Santa

[[Page 62687]]

Catalina Island, Lasuen Knoll, and Santa Clemente Island, as well as in 
near Albion, Monterey Bay, Point Sur, Morro Bay, Port Hueneme, Santa 
Monica Bay, Point Vincente, Huntington Beach, and San Diego. These 
modifications would better align existing RCA coordinates with chart-
based depth contours, reduce boundary line crossovers, and address 
enforcement concerns. See Section 2.1 of the Analysis for more details 
on these changes.
    The Council's recommendation would have deleted point (130) on the 
boundary line approximating the 50 fathoms (fm) (91 m) depth contour. 
This was the only point for this boundary line at 36[deg] N lat. Points 
at each commonly used geographic coordinates (latitudes) defined in 
paragraph (2) at Sec.  660.11 ``North-South management area'' should be 
retained to maintain functionality and enforceability of these depth-
based lines when they are used to form closed areas such as Block Area 
Closures or the Non-trawl Rockfish Conservation Area. Therefore, NMFS 
is making an administrative change to modify the point instead of 
deleting it. This will maintain the shape of the boundary line the 
Council recommended, but will also maintain the functionality and 
enforceability needed. This is an administrative change and does not 
change the on-the-water location of the line that was recommended by 
the Council at its June 2022 meeting.
    NMFS is republishing Sec.  660.72(j)(220) through (222) to correct 
the paragraph designation of paragraph (j)(221). The ``1'' was 
mistakenly omitted during prior revisions so it was published as a 
second paragraph (j)(22) in that section. This correction is not 
substantive, and does not change the on-the-water effects of these 
regulations, aside from reducing potential confusion about multiple 
paragraphs (j)(22).

E. Limited Entry Trawl

    The limited entry trawl fishery is made up of the shorebased IFQ 
program, whiting and non-whiting, and the at-sea whiting sectors. For 
some stocks and stock complexes with a trawl allocation, an amount is 
first set-aside for the at-sea whiting sector with the remainder of the 
trawl allocation going to the shorebased IFQ sector. Set-asides are not 
managed by NMFS or the Council except in the case of a risk to the ACL.
At-Sea Set Asides
    For several species, the trawl allocation is reduced by an amount 
set-aside for the at-sea whiting sector. This amount is designed to 
accommodate catch by the at-sea whiting sector when they are targeting 
Pacific whiting. The Council is recommending and NMFS is proposing the 
set-asides in Table 16 for the 2023-24 biennium. The Council considered 
a set-aside for Pacific spiny dogfish but did not recommend 
establishing one.

    Table 16--2023-24 At-Sea Set-Asides for Vessels Targeting Pacific
           Whiting While Fishing as Part of the At-Sea Sector
------------------------------------------------------------------------
                                                        At-sea set-aside
     Stock or stock complex               Area            amount (mt)
------------------------------------------------------------------------
Arrowtooth Flounder.............  Coastwide..........                 70
Canary rockfish.................  Coastwide..........                 36
Darkblotched rockfish...........  Coastwide..........               76.4
Dover sole......................  Coastwide..........                 10
Lingcod.........................  N of 40[deg]10' N                   15
                                   lat.
Longnose skate..................  Coastwide..........                  5
Minor shelf rockfish............  N of 40[deg]10' N                   35
                                   lat.
Minor slope rockfish............  N of 40[deg]10' N                  300
                                   lat.
Other flatfish..................  Coastwide..........                 35
Pacific halibut.................  Coastwide..........                 10
Pacific ocean perch.............  N of 40[deg]10' N                  300
                                   lat.
Petrale sole....................  Coastwide..........                  5
Sablefish.......................  N of 36[deg] N lat.                100
Shortspine thornyhead...........  N of 34[deg]27' N                   70
                                   lat.
Widow rockfish..................  Coastwide..........                476
Yellowtail rockfish.............  N of 40[deg]10' N                  320
                                   lat.
------------------------------------------------------------------------

Incidental Trip Limits for IFQ Vessels
    For vessels fishing in the Shorebased IFQ Program, with either 
groundfish trawl gear or non-trawl gears, the following incidentally-
caught stocks are managed with trip limits:
    Minor Nearshore Rockfish north and south, Washington black 
rockfish, Oregon black/blue/deacon rockfish, cabezon (46[deg]16' to 
40[deg]10' N lat. and south of 40[deg]10' N lat.), spiny dogfish, 
longspine thornyhead south of 34[deg] N lat., big skate, California 
scorpionfish, longnose skate, Pacific whiting, and the Other Fish 
complex. For all these stocks, this rule proposes maintaining the same 
IFQ fishery trip limits for these stocks for the start of the 2023-24 
biennium as those in place in 2022. Additionally, this rule proposes 
maintaining the trip limit for blackgill rockfish within the southern 
slope rockfish complex. The trip limit would be unlimited to start the 
2023 fishing year. The purpose of the blackgill trip limit would be to 
allow the Council to reduce targeting of blackgill rockfish inseason, 
if needed. Trip limits for the IFQ fishery can be found in Table 1 
North and Table 1 South to part 660, subpart D. Changes to trip limits 
would be considered a routine measure under Sec.  660.60(c), and may be 
implemented or adjusted, if determined necessary, through inseason 
action.

F. LEFG and OA Non-Trawl Fishery

    Management measures for the LEFG and OA non-trawl fisheries tend to 
be similar because the majority of participants in both fisheries use 
hook-and-line gear. Management measures, including area restrictions 
(e.g., non-trawl RCA) and trip limits in these non-trawl fisheries, are 
generally designed to allow harvest of target stocks while keeping 
catch of overfished stocks low. LEFG trip limits are specified in Table 
2 (North) and Table 2 (South) to subpart E. OA trip limits are 
specified in Table 3 (North) and Table 3 (South) to subpart F in the 
regulatory text of this proposed rule.

[[Page 62688]]

Sablefish Trip Limits
    Sablefish are managed separately north and south of 36[deg] N lat. 
For the portion of the stock north of 36[deg] N lat., the Council 
recommended and NMFS proposes removing the daily trip limit for the OA 
fishery and maintaining the same weekly and bimonthly trip limits as 
were in place in the start of 2022. For the portion south of 36[deg] N 
lat., the Council recommended, and NMFS proposes, the same weekly and 
bimonthly trip limits as were in place in the start of 2022. The 
proposed sablefish trip limits for 2023-24 are shown in Table 17.

                       Table 17--Sablefish Trip Limits for Limited Entry and Open Access Sectors North and South of 36[deg] N Lat.
--------------------------------------------------------------------------------------------------------------------------------------------------------
            Sector                   Area             Jan-Feb           Mar-Apr           May-Jun          Jul-Aug          Sept-Oct         Nov-Dec
--------------------------------------------------------------------------------------------------------------------------------------------------------
Limited entry................  north of 36[deg]  2,400 lb (1089 kg)/week; not to exceed 4,800 lb (2,177 kg) bi-monthly.
                                N lat.
                               south of 36[deg]  2,500 lb (1,134 kg)/week.
                                N lat.
Open access..................  north of 36[deg]  2,000 lb (907 kg)/week; not to exceed 4,000 lb (1,814 kg) bi-monthly.
                                N lat.
                               south of 36[deg]  2,000 lb (907 kg)/week; not to exceed 4,000 lb (1,814 kg) bi-monthly.
                                N lat.
--------------------------------------------------------------------------------------------------------------------------------------------------------

LEFG and OA Trip Limits
    The Council recommended, and NMFS is proposing, status quo trip 
limits for LEFG and OA fisheries in 2023. The Council considered 
changes to the quillback rockfish and copper rockfish trip limits off 
California but reaffirmed the limits set through inseason action for 
2022 (86 FR 72863; December 23, 2021). That action intended to reduce 
mortality of quillback and copper rockfish by implementing sub-trip 
limits of 75 lbs (34 kg) per 2 months within the 2,000 lbs (907 kg) per 
2 months Minor Nearshore Rockfish limit for the areas between 42[deg]-
40[deg]10' N lat., and south of 40[deg]10' N lat. The Council could 
recommend further adjustment to the sub-trip limits through additional 
inseason action once more data on the current limits is collected and 
the effects on mortality, particularly discard mortality, are better 
understood. NMFS notes that allowing the continuation of fishery-
dependent data collection through minimal retention would be very 
beneficial for future stock assessments. Additionally, further 
reductions on quillback rockfish, an important species in the live fish 
market, in the commercial Nearshore Fishery could destabilize the niche 
fishery. More information on these trip limits can be found in the 
Analysis.
Primary Sablefish Tier Limits
    Some limited entry fixed gear permits are endorsed to receive 
annual sablefish quota, or tier limits. Vessels registered with one, 
two, or up to three of these permits may participate in the primary 
sablefish fishery. The proposed tier limits are as follows: in 2023, 
Tier 1 at 72,904 lb (33,069 kg), Tier 2 at 33,138 lb (15,031 kg), and 
Tier 3 at 18,936 lb (8,589 kg). For 2024, Tier 1 at 66,805 lb (30,302 
kg), Tier 2 at 30,366 lb (13,774 kg), and Tier 3 at 17,352 lb (7,871 
kg).

G. Recreational Fisheries

    This section describes the recreational fisheries management 
measures proposed for 2023-24. The Council primarily recommends depth 
restrictions and groundfish conservation areas to constrain catch 
within the recreational harvest guidelines for each stock. Washington, 
Oregon, and California each proposed, and the Council recommended, 
different combinations of seasons, bag limits, area closures, and size 
limits for stocks targeted in recreational fisheries. These measures 
are designed to limit catch of overfished stocks found in the waters 
adjacent to each state while allowing target fishing opportunities in 
their particular recreational fisheries. The following sections 
describe the recreational management measures proposed in each state.
Washington
    The state of Washington manages its marine fisheries in four areas: 
Marine Area 1 extends from the Oregon/Washington border to Leadbetter 
Point; Marine Area 2 extends from Leadbetter Point to the mouth of the 
Queets Rivers; Marine Area 3 extends from the Queets River to Cape 
Alava; and Marine Area 4 extends from Cape Alava to the Sekiu River. 
This proposed rule would adopt the following season structure in Table 
18.

[[Page 62689]]

[GRAPHIC] [TIFF OMITTED] TP14OC22.073

    The Washington recreational fishery would be open from the second 
Saturday in March through the third Saturday in October. The aggregate 
groundfish bag limits in waters adjacent to Washington would continue 
to be nine fish in all areas with a sub-bag limit for cabezon (one per 
day), rockfish (seven per day), lingcod (two per day). The flatfish 
limit would continue to be five fish, and is not counted towards the 
groundfish bag limit of nine but is in addition to it.
    The retention of copper rockfish, quillback rockfish, and vermilion 
rockfish during the months of May, June, and July would be prohibited. 
As stated by the Washington Department of Fish and Wildlife (WDFW) in 
its analysis for this proposal, these prohibitions for copper rockfish 
and quillback rockfish are projected to keep mortality below the 
species specific ACL contributions. For vermilion, the prohibition is 
expected to lower mortality while maintaining some data flow needed for 
stock assessments (Agenda Item F.6.a, WDFW Report 1, June 2022).
    Consistent with the 2021-22 biennium, the Council recommended and 
NMFS is proposing to continue to prohibit recreational fishing for 
groundfish and Pacific halibut inside the North Coast Recreational 
Yelloweye Rockfish Conservation Area (YRCA), a C-shaped closed area off 
the northern Washington coast. The South Coast Recreational YRCA and 
the Westport Offshore YRCA would remain open to recreational fishing 
for the 2023-24 biennium. Coordinates for YRCAs are defined at Sec.  
660.70.
Oregon
    The Council recommend that Oregon recreational fisheries in 2023-24 
would operate under an all months all depths season structure to start 
the 2023 fishing year. The Council recommended maintaining the 2021-22 
aggregate bag limits and size limits in Oregon recreational fisheries 
for 2023-24. The proposed limits are: three lingcod per day, with a 
minimum size of 22 in (56 cm); 25 flatfish per day, excluding Pacific 
halibut; and a marine fish aggregate bag limit of 10 fish per day, 
where cabezon have a minimum size of 16 in (41 cm). Oregon long-leader 
gear fishing and ``all-depth'' Pacific halibut fishing would continue 
to be allowed on the same trip. This rule proposes sablefish, Pacific 
cod, and other flatfish species (sole, flounder, sanddab) may be 
retained on ``all-depth'' halibut trips. This measure would provide 
additional opportunity for anglers participating in the ``all depth'' 
halibut fishery and reduce potential regulatory discards. Based on the 
Analysis, additional effort would not be expected (i.e., no new trips 
occurring), because anglers would just have this additional opportunity 
on trips they are already taking. Therefore, no additional impacts to 
yelloweye rockfish, Chinook salmon, or coho salmon would be expected.
    Oregon often adopts more restrictive measures in state rule. This 
enables the ODFW to tighten or ease restrictions inseason based on 
quota status and projected mortality. The Federal rules serve as a 
backstop, while state rules can be adjusted more rapidly in response to 
inseason circumstances, improving management responsiveness and the 
ability to achieve conservation and opportunity objectives. For 
example, ODFW anticipates continuing the prohibition on retaining 
quillback rockfish in the recreational fishery (and all non-trawl 
commercial fisheries) in 2023-24.
California
    The Council manages recreational fisheries in waters seaward of 
California in five separate management areas. Season and area closures 
differ between California management areas to limit incidental catch of 
overfished stocks and stocks of concern while providing as much 
recreational fishing opportunity as possible. The Council's

[[Page 62690]]

recommended California season structure for 2023 and 2024 is a 
substantial departure from 2021 and 2022. In order to reduce total 
mortality of quillback rockfish and copper rockfish, each management 
area would incur a reduction in fishing time in nearshore waters of 30 
percent or more. This, in combination with the proposed novel 
utilization of the RCA described in Section III.N, would create an 
``offshore only fishery'' during certain months. Recreational fishing 
for groundfish would continue to be prohibited in waters less than 100 
fm (183 m) around Cordell Bank as described in Sec.  
660.360(c)(3)(i)(C).
    In the Northern Management Area (42[deg] N lat. to 40[deg]10' N 
lat.), the fishery for California rockfish, cabezon, greenling complex 
(RCG complex), as defined at Sec.  660.360(c)(3)(ii), and the fishery 
for lingcod would be closed January 1 to May 14, open in all depths 
from May 15 to October 15, and closed October 16 to December 31.
    In the Mendocino Management Area (40[deg]10' N lat. to 38[deg]57.5' 
N lat.), and the San Francisco Management Area (38[deg]57.5' N lat. to 
37[deg]11' N lat.) the RCG complex fishery and the lingcod fishery 
would be closed January 1 to May 14, open May 15 to July 15 seaward of 
the 50 fm (91 m) RCA line, and open in all depths from July 16 to 
December 31.
    In the Central Management Area (37[deg]11' N lat. to 34[deg]27' N 
lat.), the RCG complex fishery and the lingcod fishery would be closed 
January 1 to April 30, open May 1 to September 30 in all depths, and 
open October 1 to December 31 seaward of the 50 fm (91 m) RCA line.
    In the Southern Management Area (34[deg]27' N lat. to U.S./Mexico 
border), the RCG complex fishery and the lingcod fishery would be 
closed January 1 to March 31, open April 1 to September 15 in all 
depths, and open September 16 to December 31 seaward of the 50 fm (91 
m) RCA line.
    Table 19 shows the proposed season structure and depth limits by 
management area in 2023 and 2024 for the RCG complex fishery and 
lingcod fishery.
[GRAPHIC] [TIFF OMITTED] TP14OC22.074

    In times and areas where an RCA is closed seaward of an RCA line 
(i.e., when an ``off-shore only'' fishery is active in that management 
area) the following would be prohibited: (1) possession or retention of 
nearshore rockfish (defined as black rockfish, blue rockfish, black and 
yellow rockfish, brown rockfish, China rockfish, copper rockfish, 
calico rockfish, gopher rockfish, kelp rockfish, grass rockfish, olive 
rockfish, quillback rockfish, and treefish), cabezon, and greenlings in 
all depths of the Exclusive Economic Zone (EEZ) throughout the 
management area; (2) possession and retention of all rockfish, cabezon, 
greenlings, and lingcod would be prohibited shoreward of the RCA 
boundary line within the EEZ, except that vessels may transit through 
waters shoreward of the RCA line with no fishing gear in the water.
    In all Management Areas, California scorpionfish, ``Other 
Flatfish'' (as defined at Sec.  660.11), petrale sole and starry 
flounder, leopard shark, and ``Other Federal Groundfish'' would be open 
year-round at all depths. ``Other Federal groundfish'' as defined in 
state regulations, (Section 28.49, Title 14, California Code of 
Regulations) include soupfin shark, Dover sole, English sole, 
arrowtooth flounder, spiny dogfish, skates, ratfish, grenadiers, 
finescale codling, Pacific cod, Pacific whiting, sablefish and 
thornyheads.
    The Council recommended that size limits and bag limits would 
remain the same as 2022 for all stocks. The Council also recommended 
and NMFS is proposing to continue sub-bag limits of one quillback 
rockfish, one copper rockfish, and four vermilion rockfish within the 
10-fish RCG daily bag and possession limit.
    Continuing the one-fish sub-bag limits for quillback and copper 
rockfish would allow for fishery-dependent data

[[Page 62691]]

collection, specifically biological data. Maintaining the flow of this 
data is very important for future stock assessments as data gaps would 
add uncertainty in the results of future assessments. As described in 
Section 11 of the Analysis, the Council analyzed quillback rockfish, 
copper rockfish, and vermilion rockfish sub-bag limits ranging from 10 
to 0 fish (i.e., no retention) within the 10-fish RCG bag limit. 
California Department of Fish and Wildlife (CDFW) tracks groundfish 
mortality inseason on a weekly and/or monthly basis to ensure that 
mortality remains within allowable limits. Further changes to the sub-
bag limit or to prohibit retention may be recommended by the Council 
inseason, as necessary, to limit mortality and achieve specifications.
    In addition to the regulatory management measures to reduce 
mortality of copper and quillback rockfish in 2022 (86 FR 72863; 
December 23, 2021), the fishery industry has undertaken several 
voluntary measures including dissemination of enhanced species 
identification information, avoidance procedures, and no retention when 
a biological sampler is not aboard. Per public testimony at the June 
2022 Council meeting, the industry plans to continue these voluntary 
measures in 2023 and 2024. NMFS expects these mandatory and voluntary 
measures would substantially reduce mortality of quillback and copper 
rockfish.

H. Exempted Fishing Permits

    Issuing EFPs is authorized by regulations implementing the 
Magnuson-Stevens Act at 50 CFR 600.745, which state that EFPs may be 
used to authorize fishing activities that would otherwise be 
prohibited.
    At its June 2022 meeting, the Council recommended NMFS approve five 
EFP applications for the 2023 fishing year and preliminarily approve 
the EFP applications for the 2024 fishing year. The Council considered 
these EFP applications concurrently with the 2023-2024 biennial harvest 
specifications and management process because expected catch under most 
EFP projects is included in the catch limits for groundfish stocks. All 
of the EFP applications are renewals. Two EFP applications request to 
test the use of natural bait while fishing inside the non-trawl 
Rockfish Conservation Area (NT-RCA), which is proposed to be prohibited 
as part of measures allowing non-trawl vessels to use select hook and 
line gear configurations within the NT-RCA (see part J of this 
section). One EFP application requests to test whether removing certain 
gear, time, and area restrictions may impact the nature and extent of 
bycatch of protected and prohibited species. The final two EFP 
applications request to retain certain prohibited species in order to 
collect fishery-dependent data for potential use in upcoming stock 
assessments. A summary of each EFP application is provided below:
     Groundfish EFP Proposal--Yellowtail Rockfish Jig Fishing 
off California: Barbara Emley of the San Francisco Community Fishing 
Association and private open access fisherman Daniel Platt submitted a 
renewal application for research that has been conducted since 2013 
(herein referred to as the ``Emley-Platt EFP''). From 2013-2022, this 
EFP tested the efficacy of a commercial jig gear configured to target 
underutilized, midwater yellowtail and shelf rockfish species while 
avoiding the rebuilding, bottom-dwelling yelloweye rockfish inside the 
NT-RCA. As part of this 2023-24 harvest specifications and management 
measures action, the Council recommended, and NMFS proposed, this EFP 
gear type be approved for legal use inside the NT-RCA (see part J of 
this section). Therefore, if this rulemaking is implemented as 
proposed, the associated exemptions from the prohibitions on fishing 
and/or transiting inside the non-trawl RCA with non-trawl gear would no 
longer be needed for this EFP project beginning in 2023. However, the 
application contains a new request for 2023 and 2024, which is to test 
the effect of using natural bait on the shrimp fly gear. Even if the 
commercial jig gear is legalized for use inside the NT-RCA through this 
action, there would still be a requirement to use artificial bait, 
which has been used in the EFP project since 2013. Testing the use of 
natural bait could gather data to inform the Council on changes to 
catch composition while using natural bait compared to artificial bait. 
If this proposed rule and EFP proposal are approved, this EFP project 
would require exemptions from: (1) the prohibition on fishing with 
natural bait inside the NT-RCA (see proposed regulation below at Sec.  
660.330 (b)(3)(i)(D)); and (2) the open access trip limits in Table 3 
(South) to part 660, subpart F (vessels that fish between 40[deg]10' N 
lat. and 34[deg]27' have specified EFP catch limits). If this EFP gear 
type is not approved for legal use inside the NT-RCA as proposed in 
this rulemaking, then this EFP project would require additional 
exemptions from: (1) the prohibition to fish inside the non-trawl RCA 
with non-trawl gear (see Sec.  660.330(d)(12)(i)); (2) the prohibition 
on transiting through the non-trawl RCA without non-trawl gear stowed 
(see Sec.  660.330(d)(12)(ii)); and (3) the prohibition on retaining 
and landing groundfish harvested from inside the non-trawl RCA with 
non-trawl gear (see Sec.  660.330(d)(12)(iii)). In addition to the 
request to use natural bait, the 2023-24 application also requests a 
geographic expansion of the EFP to include additional area in northern 
and southern California. If approved, NMFS would authorize up to 7 
vessels to test the use of natural bait inside the non-trawl RCA off 
the California coast--specifically between the Oregon/California border 
(was previously limited to 40[deg]10' N lat.) and the U.S./Mexico 
border (was previously limited to Point Conception, California), at 
depths ranging from 35 to 150 fathoms (64 to 274 meters (m)). The EFP 
Director did not request any additional EFP allocations for the 
geographic expansion north of 40[deg]10' N lat.; those vessels would 
fish under the open access trip limits in Table 3 (North) to part 660, 
subpart F.
     Groundfish EFP Proposal--Monterey Bay Regional EFP 
Targeting Chilipepper Rockfish: Real Good Fish of Moss Landing, 
California submitted a renewal application to continue research that 
has been conducted since 2019. Similar to the Emley-Platt EFP, the 
Council recommended this gear type be approved for legal use inside the 
NT-RCA, but with the requirement to use artificial bait. Therefore, 
this application also includes a request to test the use of natural 
bait on the groundfish troll gear. If this proposed rule and EFP 
proposal are approved, this EFP project would require exemptions from: 
(1) the prohibition on fishing with natural bait inside the NT-RCA (see 
proposed regulation below at Sec.  660.330 (b)(3)(ii)(E)); and (2) the 
open access trip limits in Table 3 (South) to part 660, subpart F. If 
this EFP gear type is not approved for legal use inside the NT-RCA as 
proposed in this rulemaking, then this EFP project would require 
additional exemptions from: (1) the prohibition to fish inside the non-
trawl RCA with non-trawl gear (see Sec.  660.330(d)(12)(i)); (2) the 
prohibition on transiting through the non-trawl RCA without non-trawl 
gear stowed (see Sec.  660.330(d)(12)(ii)); and (3) the prohibition on 
retaining and landing groundfish harvested from inside the non-trawl 
RCA with non-trawl gear (see Sec.  660.330(d)(12)(iii)). If approved, 
NMFS would authorize up to 10 vessels to test the use of natural bait 
inside the non-trawl RCA off the California coast--

[[Page 62692]]

specifically in areas with canyon edges and walls that have 
historically produced high volumes of chilipepper rockfish catch and at 
depths ranging from 40 to 150 fathoms (73 to 274 m).
     Groundfish EFP Proposal--Year-round Coastwide Midwater 
Rockfish EFP: Monitoring and Minimizing Salmon Bycatch When Targeting 
Rockfish in the Shorebased IFQ Fishery, 2023-2024: West Coast Seafood 
Processors, Oregon Trawl Commission, Midwater Trawlers Cooperative, and 
the Environmental Defense Fund submitted a renewal application to 
continue research that has been conducted since 2017; the multi-year 
EFP project is collectively referred to as the ``Trawl Gear EFP.'' The 
purpose of the EFP is for vessels participating in the West Coast 
Groundfish Trawl Rationalization Program's Limited Entry Shorebased 
Individual Fishing Quota (IFQ) Program to test whether removing certain 
gear, time, and area restrictions may impact the nature and extent of 
bycatch of protected and prohibited species (i.e., Chinook salmon, 
coho, eulachon, and green sturgeon). The EFP project would require 
exemptions for vessels fishing with bottom trawl groundfish gear from: 
(1) the requirement to use selective flatfish trawl gear, and the 
prohibition on using small footrope gear other than selective flatfish 
trawl gear between 42[deg] and 40[deg]10' North latitude and shoreward 
of the boundary line approximating the 100 fathom (fm) depth contour 
(see Sec.  660.130(c)(2)(i) and (c)(2)(ii)); and (2) the requirement 
that selective flatfish trawl must be a two-seamed net with no more 
than two riblines, excluding the codend (see Sec.  
660.130(b)(1)(ii)(A)). The EFP project would require exemptions for 
vessels fishing with midwater trawl groundfish gear from: (1) the 
prohibition on fishing outside the primary season dates for the Pacific 
whiting IFQ fishery (see Sec.  660.112(b)(1)(x) and Sec.  
660.130(c)(3)); and (2) the prohibition on fishing south of 40[deg]10' 
N lat. shoreward of the boundary line approximating the 150 fm depth 
contour (see Sec.  660.130(c)(3)(ii) and (c)(4)(ii)(B)). The EFP 
project would require exemptions for vessels fishing with either 
midwater or bottom trawl groundfish gear from: (1) the prohibition on 
retaining certain prohibited species (see Sec.  660.12 (a)(1)); and (2) 
the requirement to discard certain prohibited species at sea (see Sec.  
660.140(g)(1)). If this EFP is approved, NMFS would set a bycatch limit 
of 1,000 Chinook salmon north of 42[deg] N lat. and 100 Chinook salmon 
south of 42[deg] N lat. for vessels declared into the EFP, regardless 
of gear type. If either of these bycatch limits are reached, NMFS would 
revoke the EFP for both gear types in the respective management area 
(i.e., north or south of 42[deg] N lat.). Participating vessels would 
also be required to retain all salmon (excluding salmon already sampled 
by NMFS' West Coast Groundfish Observer Program) until offloading. If 
approved, NMFS would authorize up to 60 vessels to participate in the 
EFP.
     Groundfish EFP Proposal--California Department of Fish and 
Wildlife 2023-2024 EFP: The California Department of Fish and Wildlife 
(CDFW) submitted a renewal application for research that has been 
conducted since 2021. The purpose of the EFP project is to collect 
fishery-dependent biological data for cowcod for inclusion in future 
stock assessments. The EFP project would require an exemption from the 
prohibition to retain cowcod in the California recreational fishery 
(see Sec.  660.360(c)(3)). The EFP would also provide that any cowcod 
taken and retained would not count against the recreational bag limit 
for the aggregate of rockfish, cabezon, and greenlings. If approved, 
NMFS would authorize up to 20 vessels that participate in the 
California recreational fishery to retain cowcod and transfer the 
cowcod to CDFW groundfish staff upon landing.
     Groundfish EFP Proposal--Washington Department of Fish 
Wildlife Enhanced Yelloweye Recreational Fishery Biological Sampling 
EFP: The Washington Department of Fish and Wildlife (WDFW) submitted a 
renewal application for research that has been conducted since 2021. 
The purpose of the EFP project is to collect fishery-dependent 
biological data for yelloweye rockfish for inclusion in future stock 
assessments. The EFP project would require an exemption from the 
prohibition to retain yelloweye rockfish in the Washington recreational 
fishery (see Sec.  660.360(c)(1)(ii)). The EFP would also provide that 
any yelloweye rockfish taken and retained would not count against the 
recreational bag limit for rockfish. If approved, NMFS would authorize 
up to 15 vessels that participate in the Washington recreational 
fishery to retain yelloweye rockfish and transfer the yelloweye 
rockfish to WDFW staff upon landing.
    During the 2-year period of EFP activities from 2023 to 2024, all 
vessels participating in the non-trawl RCA EFP projects (i.e., the 
renewal applications submitted by Emley-Platt and Real Good Fish) would 
adhere to EFP set-asides for targeted and incidental groundfish and 
other species, which were considered and approved by the Council at 
their June 2022 meeting. The one exception would be for Emley-Platt 
vessels fishing north of 40[deg]10' N lat., which would fish pursuant 
to open access trip limits in Table 3 (North) to part 660, subpart F, 
as the EFP Director did not request additional EFP set-asides for this 
area. These EFP set-asides are off-the-top deductions from the 2023-
2024 applicable ACLs, meaning any landings and discards that occur 
under these EFPs would be accounted for within the applicable ACLs. EFP 
set-asides would not be needed for the Trawl Gear EFP as landings and 
discards of IFQ species would be accounted for through the 
participating vessel's IFQ. Vessels participating in the non-trawl RCA 
EFP projects and the Trawl Gear EFP would be required to have 100 
percent observer coverage. All cowcod mortality under the CDFW EFP 
project is expected to occur in conjunction with routine recreational 
fishing activities and would be calculated as part of the normal 
recreational catch estimation process. All yelloweye rockfish taken 
under the WDFW EFP project would be counted against the Washington 
recreational harvest guideline for yelloweye rockfish. NMFS would not 
require 100 percent observer coverage for vessels participating in the 
CDFW and WDFW EFP projects because recreational vessels do not meet the 
minimum size requirements under Federal regulations to carry an 
observer.
    NMFS does not expect any impacts to the environment, essential fish 
habitat, or protected or prohibited species from these EFPs beyond 
those analyzed for the groundfish fishery as a whole in applicable 
biological opinions (available at: https://www.fisheries.noaa.gov/species/west-coast-groundfish#management), the draft EA for the Pacific 
Coast Groundfish Fishery 2023-2024 Harvest Specifications and 
Management Measures (see ADDRESSES), or the EA for the 2018 Trawl Gear 
EFP dated December 2017 (available at: https://www.fisheries.noaa.gov/region/west-coast).
    After publication of this document in the Federal Register, NMFS 
may approve and issue permits for the proposed EFP projects for the 
2023 fishing year after the close of the public comment period. All 
five EFP applications are available under ``Supporting and Related 
Materials'' (see ADDRESSES). NMFS will consider comments submitted in 
deciding whether to approve the applications as requested. NMFS may 
approve the applications in their entirety or may make any alterations 
needed to achieve the goals of the EFP projects. NMFS would not issue 
another Federal

[[Page 62693]]

Register notice soliciting public comment on renewing these EFP 
projects for 2024 unless: (1) the applicants modify and resubmit their 
applications to NMFS; (2) changes to relevant fisheries regulations 
warrant a revised set of exemptions authorized under the EFP projects; 
or (3) NMFS' understanding of the current biological and economic 
impacts from EFP fishing activities substantially changes.

I. Shortbelly Rockfish 2,000 mt 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 mt in a calendar year. This guidance was not formalized in the 
PCGFMP as part of Amendment 29. Therefore, the Council recommended and 
NMFS is proposing to 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. To estimate mortality and provide for 
catch accounting, NMFS proposes a sorting requirement for shortbelly 
rockfish in the LEFG and OA fisheries. For more information on this 
measure, see the NOA for Amendment 30 and the Analysis.
    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 (FMP 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.

J. Non-Bottom Contact Hook-and-Line Gear Allowance in the Non-Trawl 
Rockfish Conservation Area

    In order to provide additional opportunity to commercial non-trawl 
fisheries to target healthy stocks, relieve pressure on overfished or 
constraining nearshore stocks, and limit impacts to sensitive habitats, 
the Council recommended, and NMFS proposes, allowing non-trawl vessels 
to use select hook-and-line gear configurations within the NT-RCA which 
were tested through EFPs as described above in Section III.H. The non-
trawl fisheries are distinguished by the types of gears permitted to be 
used to harvest their catch. OA fisheries are allowed to use any ``open 
access'' gear, including hook-and-line, pot, and troll gear. Limited 
entry fixed gear (LEFG) vessels are restricted to using the gear 
endorsed on their registered permit (longline or pot/trap) or are held 
to the lower landing limits associated with the OA sector when using 
alternative gears. Vessels participating in the shorebased IFQ sector 
with fixed gear (i.e., gear switchers) are permitted to use any legal 
groundfish gear. Participants in all three fisheries are prohibited 
from fishing in the NT-RCA unless permitted (e.g., fishing for other 
flatfish or through an EFP).
    This proposed action would allow vessels in the directed open 
access fishery targeting groundfish to operate inside the NT-RCA from 
46[deg]16' N lat. to the U.S./Mexico border with non-bottom contact 
hook-and-line gear only, subject to the specifications below. 
Prohibited bottom contact hook-and-line gears would include bottom 
longline, commercial vertical hook-and-line gear (anchored to the 
bottom), and dinglebar gear. Vessels would need to declare their intent 
to fish within the NT-RCA and their gear type prior to departure. 
Vessels could fish inside and outside of the non-trawl RCA on the same 
trip but could only carry one type of legal non-bottom contact hook-
and-line gear on-board the vessel when fishing occurs in the NT-RCA. 
Vessels that typically fish in the LEFG or IFQ sector would be required 
to declare into the OA fishery to utilize this proposed management 
measure and would be subject to the lower OA trip limits.
    The proposed action would include a new gear definition. Legal 
``non-bottom contact hook-and-line gear'' would be defined as 
stationary vertical jig gear attached to the vessel and not anchored to 
the bottom, and groundfish troll gear. The following requirements would 
apply to stationary vertical jig gear: (1) must be a minimum of 50 feet 
between the bottom weight and the lowest fishing hook; (2) no more than 
4 vertical mainlines may be used at one time with no more than 25 hooks 
on each mainline, and; (3) no more than 100 hooks may be in the water 
at one time, with no more than 25 extra hooks on board the vessel. 
``Groundfish troll gear'' would be defined as a horizontally-suspended 
monofilament mainline attached to a troll wire. The following 
requirements would apply to groundfish troll gear: (1) must be a 
minimum of 50 feet between the bottom weight and the troll wire's 
connection to the horizontal mainline; (2) no more than 1 mainline may 
be used at one time; and (3) no more than 500 hooks may be in the water 
at one time, with no more than 25 extra hooks on board the vessel; 
hooks must be spaced apart by a visible marker (e.g., floats, line 
wraps, colored lines splices), with no more than 25 hooks between each 
marker and no more than 20 markers on the mainline.
    Under the proposed action both stationary vertical jig gear and 
groundfish troll gear could be equipped with artificial lures and 
flies. Natural bait or weighted hooks could not be used nor be on board 
the vessel during the trip. This restriction is expected to mitigate 
any potential additional seabird bycatch effects, as seabirds are known 
to dive on baited hooks and potentially become entangled.
    In order to fish inside the NT-RCA, vessels would be required to 
declare into the directed open access fishery, and would not be 
permitted to declare into any other fishery if fishing inside the NT-
RCA.
    This proposed management measure may provide increased opportunity 
for West Coast vessels to expand their portfolios, especially in light 
of the proposed restrictions related to quillback and copper rockfishes 
(see Section III.G), but it is likely that a limited group of vessels 
will take advantage of this opportunity given its limitations. Effort 
would likely be constrained by fuel prices, potential offshore travel 
danger to ``sport-like''

[[Page 62694]]

OA vessels, and the Vessel Monitoring System (VMS) requirement. Given 
the barriers to access the area, it is unlikely the non-trawl 
allocations for midwater rockfish would be exceeded.
    Based on the Analysis (Section 8) and data from the non-trawl EFPs 
(i.e., Emley-Platt and Real Good Fish EFPs), the gear configurations 
proposed have relatively low bycatch of groundfish species of concern 
while being able to harvest healthy midwater rockfish. Under this 
proposal, non-trawl attainments of healthy midwater rockfish species 
would likely increase, while impacts to nearshore stocks of concern 
including quillback and copper rockfish would be limited. Under this 
proposed new gear and area flexibility, mortality of yelloweye rockfish 
and cowcod could increase but is expected to remain within the proposed 
harvest specifications. Additionally, because the gears are designed to 
not contact the bottom, the proposed gear types have minimal impacts on 
habitat.

K. LEFG Sablefish Primary Season Extension

    This proposed action 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. This proposed action 
would also extend the incidental halibut retention allowance provision 
for the primary fishery north of Point Chehalis, Washington from 
October 31 to the date/time specified by the International Pacific 
Halibut Commission (IPHC) annually for the closure of commercial 
fisheries coastwide, or until the quota is taken, whichever comes 
first. After the specified date/time, any incidental halibut would need 
to be discarded as a prohibited species. The proposed action would not 
change any other aspects of the program (e.g., stacking privileges, 
transferability).
    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 (see Section III.F for 
the proposed 2023 limits); 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 and so 
may be required to cease fishing prior to October 31. These season 
dates were put into regulation during the development and 
implementation of the fishery under Amendment 14 to the PCFMP. 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.
    As detailed in the Analysis, the additional two months proposed in 
this measure would give primary tier vessels the flexibility to make 
safer decisions and plan their season based on markets and weather with 
the ultimate goal of increasing attainment and profitability. Habitat 
and gear-related impacts resulting from this proposed measure would 
likely be similar to those of an October 31st season end date, because 
roughly the same number of fixed gear vessels are expected to 
participate in the groundfish fishery as a whole. The overall amount of 
permits in this sector is static; however, some permits are not used 
every year, or vessels may stack permits, which ultimately reduces the 
potential number of participants. This proposed measure could increase 
the amount of time that humpback whales are likely to co-occur with the 
primary tier fishery. However, the proposed measure would likely have 
negligible additional impact on humpback whales compared to the 7-month 
season because, (1) based on migration patterns the likelihood of 
humpback whale aggregations interacting with fishing gear decreases 
from October to December, (2) the majority of the effort during the 
entire sablefish primary fishery season would continue to occur via 
bottom longline gear and not pot gear, and (3) extending the season 
would be unlikely to increase the overall amount of pot gear used 
throughout the season due to restrictions on gear endorsements.
    Vessels in the primary fishery north of Point Chehalis, Washington 
using bottom longline gear are also allowed to retain incidentally 
caught Pacific halibut up to a specific limit specified at 50 CFR 
660.231(b)(3)(iv). Halibut are encountered regularly in the normal 
operation of the sablefish primary fishery due to the co-occurrence of 
halibut and sablefish in the same environments, and the design and 
function of fixed gear. This retention is allowed until the sablefish 
primary season ends and it contributes additional economic value to 
this sector. The extended retention allowance proposed in this action 
would ensure additional economic benefits and reduce regulatory 
discards of commercially valuable incidental halibut.
    The IPHC adopts a closure date for Pacific halibut in all 
commercial fisheries, which the primary fishery is subject to, and 
closure dates are typically set at mid- to late-November but was set at 
December 7 in 2021 and 2022. The IPHC typically sets the season

[[Page 62695]]

closure date in late January of that year during its annual meeting. 
Per 50 CFR 300.62, NMFS publishes the IPHC's regulations setting forth 
annual management measures in the Federal Register by March 15 each 
year. For example, NMFS published the 2022 annual management measures 
governing the Pacific halibut fishery on March 7, 2022 (87 FR 12604).
    Extending the incidental Pacific halibut allowance for the primary 
tier fishery to the date annually specified by the IPHC would reduce 
regulatory discards, provide more opportunity for an important 
alternative income source, and result in minimal additional impacts to 
Pacific halibut mortality.

L. Correction to the Definition of Block Area Closures

    NMFS proposes a minor change to the PCGFMP to resolve a mismatch 
between the FMP and current regulatory text. The salmon bycatch 
minimization measures action (86 FR 10857; February 23, 2021) 
established Block Area Closures (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 
FMP that are consistent with Council intent described in the salmon 
bycatch mitigation rulemaking document (86 FR 10857, February 23, 
2021). The FMP 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. For more information on this measure, see 
the NOA for Amendment 30 and the Analysis.

M. Annual Catch Targets for Quillback and Copper Rockfish

    The 2021 stock assessments indicated that the portion of quillback 
rockfish and copper rockfish off the coast of California are likely 
experiencing localized depletion. An Annual Catch Target (ACT), as 
defined at 50 CFR 660.11, is a management target set below the ACL to 
account for management uncertainty. ACTs may be used as an 
accountability measure to ensure against exceeding an ACL or accomplish 
management objectives. As they are part of a stock complex, the ACL 
contributions for copper rockfish and quillback rockfish are combined 
with the ACL contributions from the other stocks in the complex to set 
ACLs for the Nearshore Rockfish complexes north and south of 40[deg]10' 
N lat. In setting specifications, the Council, for analytic purposes, 
calculated three ACL contributions for quillback rockfish that 
corresponded to state boundaries, which were combined and then 
apportioned based on historical catch to determine the overall ACL 
contribution for quillback rockfish to each Nearshore Rockfish complex 
(see Section II.C).
    The Council recommended, and NMFS proposes, setting ACTs for copper 
rockfish and quillback rockfish. For copper rockfish, the ACT would be 
set equal to its ACL contribution for the portion of the stock found 
off of California and would be set at 91.54 mt in 2023, and 94.72 mt in 
2024. For quillback rockfish, an ACT would be set for the portion of 
the stock found off of California and would be set at 1.86 mt in 2023, 
and 1.97 mt in 2024.
    Given quillback and copper rockfish are managed in a stock complex, 
the proposed ACTs would essentially formalize the ACL contributions for 
management purposes. Setting the ACTs equal to the ACL contributions 
would allow the Council to recommend necessary management measures 
inseason when the ACL contribution is met or projected to be met. 
Exceeding the ACL contribution for stocks in a complex would otherwise 
typically not trigger a Council response or accountability measure. In 
order to allow tracking of mortality against the ACT, this proposed 
rule also includes sorting requirements for quillback and copper 
rockfish.
    CDFW closely monitors commercial and recreational landings of 
quillback and copper rockfish and the Council would receive updates on 
landings at each Council meeting. The management response to an overage 
or projected overage would be highly situational. Therefore, as an 
accountability measure, should the ACT be exceeded or projected to be 
exceeded, the Council would consider routine inseason management 
measures (e.g., bag limit reductions or depth restrictions) at regular 
Council meetings.

N. Novel Utilization of Existing Rockfish Conservation Area Boundary 
Lines

    The Council recommended, and NMFS proposes, a novel utilization of 
the previously established Rockfish Conservation Area (RCA) boundary 
lines for the recreational fishery seaward of California (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. This proposed rule would 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. 
Additionally, this novel use of the RCA would allow 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 (e.g., 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 seaward of 
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 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

[[Page 62696]]

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. Short-term 
and long-term impacts would likely occur as the sector adjusts to new 
regulations and fishery operations. Loss of fishing vessels, captains 
and crew leaving the industry and the potential closures of landings 
and fishing tackle providers are possible. Innovations in fishing gears 
or a shift in angler preference for target species could provide new 
opportunities for anglers, businesses, and communities. These changes 
could have positive long-term effects, but would not bring immediate 
relief to communities that would be negatively impacted by fisheries 
reductions related to quillback rockfish.
    Changes to angler behavior are difficult to predict, but anglers 
may choose to opt out of the groundfish fishery due to fuel costs and 
other difficulties in reaching fishing grounds, safety concerns related 
to fishing offshore, logistical constraints associated with smaller 
vessels, such as vessel size and fuel capacity, and the physical effort 
of reeling fish up from deeper depths. It is likely the increased 
distance and travel time associated with offshore RCA lines would 
reduce small vessel effort. Effort may shift to other state and 
federally managed fisheries such as Pacific halibut, salmon, California 
scorpionfish, highly migratory species, coastal pelagic species, 
California sheephead, California halibut, striped bass, kelp bass, and 
others as anglers search for other available fishing targets.
    In a report (Agenda Item F.6.a, June 2022) to the Council, the 
Groundfish Advisory Subpanel (GAP) noted that once shelf rockfish 
species are aboard, it restricts fishermen's ability to fish inshore 
waters. The GAP stated that mornings are when the outer waters are most 
accessible due to weather patterns. During the afternoons, winds 
generally make exposed deep waters unfishable and that is when inshore 
access is most needed.
    As described in Section III.G, in addition to the regulatory 
management measures to reduce mortality of copper and quillback 
rockfish in 2022 (and proposed for 2023-2024), the fishery industry has 
untaken several voluntary measures including dissemination of enhanced 
species identification information, avoidance procedures, and no 
retention when a biological sampler is not aboard. It is expected that 
these mandatory and voluntary measures will substantially reduce 
mortality. If mortality is lower than expected through the regular 
inseason monitoring and reporting, the Council and NMFS would consider 
relieving restrictions during the biennium in order to reduce 
socioeconomic impacts, while keeping mortality within the recommended 
ACTs.
    For more information on this measure, see the NOA for Amendment 30 
and the Analysis.

O. Block Area Closures for Groundfish Mitigation

    This proposed rule would make Block Area Closures (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 seaward of 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 FMP (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 proposed rule would not implement specific individual BACs. 
BACs could not be used to close an area to any type of fishing other 
than groundfish bottom or midwater trawling. This proposed rule would 
allow NMFS to close or reopen BACs preseason (e.g., before the start of 
the fishing year or before the start of the Pacific whiting fishery) or 
inseason. The approach would be consistent with existing ``routine 
inseason'' frameworks already in the FMP and regulations. Most trip, 
bag, and size limits, and some Groundfish Conservation Area closures in 
the groundfish fishery, including BRAs and BACs, have been designated 
``routine'' management measures in the PCGFMP and in Sec.  660.60(c). 
The Council can use routine management measures to rapidly implement or 
modify these management measures through a single Council meeting 
process. Inseason changes to routine management measures are announced 
in the Federal Register pursuant to the requirements of the 
Administrative Procedures Act. If good cause exists under the 
Administrative Procedure Act to waive notice and comment, a single 
Federal Register notice will announce routine inseason BACs approved by 
NMFS.
    When deciding whether to recommend BACs for NMFS to implement, 
consistent with the PCGFMP, the Council will consider environmental 
impacts, including economic impacts, and public comment via the Council 
process. Depending on the circumstances, NMFS may close areas for a 
defined period of time, for example, a few months or the remainder of 
the fishing year, or maintain the closure for an indefinite period of 
time, for example, until reopened by a subsequent action. NMFS may 
close one or more BACs and the size of the BACs can vary. A Federal 
Register notice will announce the geographic boundaries (described with 
coordinates in codified regulations) of one or more BACs, the effective 
dates, applicable gear/fishery restrictions, as well as the purpose and 
rationale. NMFS would also disseminate this information on BACs through 
public notices and posting on the West Coast Region website (see 
ADDRESSES for electronic access information).
    This action 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. BAC could be an important tool to manage a species 
like Pacific spiny dogfish, which

[[Page 62697]]

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.

P. Corrections

    This rule proposes minor corrections to the regulations at 50 CFR 
600. These regulations are associated with Amendment 29 (85 FR 79880, 
December 11, 2020), Amendment 21-4 to the PCGFMP (84 FR 68799, December 
17, 2019), and the 2019-2020 biennial harvest specifications (83 FR 
63970, December 12, 2018). These minor corrections are necessary to 
reduce confusion and inconsistencies in the regulatory text and ensure 
the regulations accurately implement the Council's intent.
    The Council recommended and NMFS approved the designation of 
shortbelly rockfish as an ecosystem component species through Amendment 
29, as part of the 2021-2022 groundfish management measure process. 
That rule erroneously did not update the definition of ``Ecosystem 
component species'' at Sec.  660.11 to reflect that designation. This 
rule proposes to include shortbelly rockfish in the list of species 
designated as ecosystem component species at Sec.  660.11. 
Additionally, Amendment 29 erroneously included shortbelly rockfish 
trip limits for limited entry fixed gear and open access vessels. As an 
ecosystem component species, shortbelly rockfish is not managed ``in 
the fishery,'' and therefore should not be subject to trip limits. This 
rule proposes to remove the shortbelly rockfish trip limit from Table 2 
(North) and Table 2 (South) to Part 660, Subpart E, as well as Table 3 
(North) and Table 3 (South) to Part 660, Subpart F.
    The final rule for Amendment 29 made changes to the trawl/non-trawl 
allocations established through Amendment 21 to the PCGFMP (75 FR 
32993, June 10, 2010). That rule erroneously did not update Sec.  
660.55(c)(1) Table 1 to reflect those changes. This rule proposes to 
correct Sec.  660.55(c)(1) Table 1 by removing the allocations for 
canary rockfish, as well as petrale sole, widow rockfish, lingcod south 
of 40[deg]10' N lat., and the slope rockfish complex south of 
40[deg]10' N lat.. Per Amendment 29, these allocations between the 
trawl and non-trawl fisheries are determined through the biennial 
harvest specifications process to better align these allocations with 
current harvest trends. The Council's recommended and NMFS' proposed 
allocations through the 2023-2024 specifications process are shown 
Tables 1b and 2b in the proposed regulatory text for this proposed 
rule.
    Amendment 21-4 moved darkblotched rockfish, pacific ocean perch, 
and widow rockfish from at-sea allocations to set-asides. That rule 
erroneously did not update Sec.  660.140 to reflect those changes. This 
rule proposes to amend Sec.  660.140 to remove these species from 
paragraph (c)(3)(iii) and add them to paragraph (c)(3)(iv).
    Amendment 29 removed the at-sea set-asides from Table 1d to Subpart 
C of part 660. However, cross references indicating that the at-sea 
set-asides are located at Table 1d to Subpart C remain, erroneously. 
This rule proposes removing these cross references in Sec.  660.150 and 
Sec.  660.160 and clarifying that the at-sea set-asides are described 
in the biennial specifications.
    The final rule for the 2019-2020 biennial harvest specifications 
contained a revision to the depth boundary within which commercial 
fixed gear and recreational gear are allowed to operate in the Western 
Cowcod Conservation Area. Fishing was permitted shoreward of the 20 
fathom (fm) (36.6 m) depth contour prior to the 2019-2020 biennial 
harvest specifications final rule. The final rule revised the depth 
boundary to allow fishing shoreward of the 40 fm (73 m) depth contour. 
In the regulations for this change at Sec.  660.360(c)(3)(i)(B), NMFS 
did not explicitly describe how the 40 fm (73 m) depth contour is 
delineated, or cross reference the depth contour definition in existing 
regulations. This rule proposes to correct these regulations to note 
that a coordinate list describing the 40 fm (73 m) depth contour can be 
found in Sec.  660.71.

IV. Classification

    Pursuant to section 304 (b)(1)(A) of the Magnuson-Stevens Act, the 
NMFS Assistant Administrator has determined that this proposed rule is 
consistent with the PCGFMP, other provisions of the Magnuson-Stevens 
Act, and other applicable law, subject to further consideration after 
public comment. In making its final determination, NMFS will take into 
account the complete record, including the data, views, and comments 
received during the comment period.
    Regulations governing the U.S. fisheries for Pacific halibut are 
developed by the IPHC, the Pacific Fishery Management Council, the 
North Pacific Fishery Management Council, and the Secretary of 
Commerce. Section 5 of the Northern Pacific Halibut Act of 1982 
(Halibut Act, 16 U.S.C. 773c) allows the Regional Council, having 
authority for a particular geographical area, to develop regulations 
governing the allocation and catch of halibut in U.S. Convention waters 
as long as those regulations do not conflict with IPHC regulations. The 
proposed action is consistent with the Council's authority to allocate 
halibut catches among fishery participants in the waters in and off the 
United States.
    Pursuant to Executive Order 13175, this proposed rule was developed 
after meaningful consultation and collaboration with tribal officials 
from the area covered by the PCGFMP. Under the Magnuson-Stevens Act at 
16 U.S.C. 1852(b)(5), one of the voting members of the Pacific Council 
must be a representative of an Indian tribe with federally recognized 
fishing rights from the area of the Council's jurisdiction. In 
addition, regulations implementing the PCGFMP establish a procedure by 
which the tribes with treaty fishing rights in the area covered by the 
PCGFMP request new allocations or regulations specific to the tribes, 
in writing, before the first of the two meetings at which the Council 
considers groundfish management measures. The regulations at 50 CFR 
660.50 further direct NMFS to develop tribal allocations and 
regulations in consultation with the affected tribes. The tribal 
management measures in this proposed rule have been developed following 
these procedures. The tribal representative on the Council made a 
motion to adopt the non-whiting tribal management measures, which was 
passed by the Council. Those management measures, which were developed 
and proposed by the tribes, are included in this proposed rule.
    This proposed rule has been determined to be not significant for 
purposes of Executive Order 12866.
    NMFS prepared an analyses for this action, which address the 
statutory requirements of the Magnuson-Stevens Act, Presidential 
Executive Order 12866, and the Regulatory Flexibility Act. The full 
suite of alternatives analyzed by the Council can be found on the 
Council's website at www.pcouncil.org. NMFS addressed the statutory 
requirements of the National Environmental Policy Act through 
preparation of an EIS and an EA. NMFS prepared an EIS for the 2015-16 
biennial harvest specifications and management measures and is 
available from NMFS (see ADDRESSES). This EIS examined the harvest 
specifications and

[[Page 62698]]

management measures for 2015-16 and 10-year projections for routinely 
adjusted harvest specifications and management measures. The 10-year 
projections evaluated the impacts of the ongoing implementation of 
harvest specifications and management measures and to evaluate the 
impacts of the routine adjustments that are the main component of each 
biennial cycle. Therefore, the EA for the 2023-24 cycle tiers from the 
2015-16 EIS and focuses on the harvest specifications and management 
measures that were not within the scope of the 10-year projections in 
the 2015-16 EIS. A copy of the draft EA is available from NMFS (see 
ADDRESSES). This action also announces a public comment period on the 
draft EA.
    The Chief Counsel for Regulation of the Department of Commerce 
certified to the Chief Counsel for Advocacy of the Small Business 
Administration that this proposed rule, if adopted, would not have a 
significant economic impact on a substantial number of small entities. 
An estimated six businesses primarily engaged in seafood product 
preparation and packaging and employing 750 or fewer persons may be 
affected by this action. An estimated 629 commercial fishing businesses 
with less than $11 million in annual gross receipts may be affected by 
this action. An estimated 431 charter fishing boats may be affected by 
this action, all of which are assumed to have annual receipts of less 
than $7.5 million and therefore be considered small businesses. One 
governmental jurisdiction, with a population of less than 50,000 
persons and therefore considered small, may be affected by this action. 
An estimated five not-for-profit organizations with combined annual 
receipts of less than $7.5 million may be affected by this action. An 
estimated eight small trust, estates, and agency accounts with annual 
receipts of less than $32.5 million may be affected by this action. The 
purpose of this proposed rule is to conserve Pacific Coast groundfish 
stocks by preventing overfishing, while still allowing harvest 
opportunity among the various fishery sectors. This will be 
accomplished by implementing the 2023-2024 annual specifications in the 
U.S. exclusive economic zone off the West Coast. The harvest 
specifications affect large and small entities similarly, and for this 
biennium, several of the catch limits are proposed to increase, 
providing benefit to all participants. Additionally, this proposed rule 
contains several of new management measures that are likely to benefit 
vessels, specifically openings of previously closed fishing grounds. As 
a result, an initial regulatory flexibility analysis is not required 
and none has been prepared.
    This proposed rule contains no new information collection burden 
under the Paperwork Reduction Act of 1995. This action will require 
non-trawl sector participants to declare into the open access fishery 
and specify the non-bottom contact gear type to be used if fishing in 
the non-trawl RCA. The collection of such information was previously 
approved by the Office of Management and Budget (OMB) under OMB Control 
Number 0648-0573.

List of Subjects in 50 CFR Part 660

    Fisheries, Fishing, Reporting and recordkeeping requirements.

    Dated: September 16, 2022.
Samuel D. Rauch, III,
Deputy Assistant Administrator for Regulatory Programs, National Marine 
Fisheries Service.

    For the reasons set out in the preamble, 50 CFR part 660 is 
proposed to be 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. Amend Sec.  660.11 by:
0
a. Revising paragraph (1)(vi)(c) under the definition of ``Conservation 
areas(s)'';
0
b. Revising paragraph (1) under the definition of ``Fishing gear'' and 
adding a paragraph (12);
0
c. Revising paragraph (10) under the definition of ``Groundfish''.
    The revisions read as follows:


Sec.  660.11  General definitions.

* * * * *
    Conservation area(s) * * *
    (1) * * *
    (vi) * * *
    (C) Recreational RCAs. Recreational RCAs are closed areas intended 
to protect overfished rockfish species. In the EEZ seaward of 
California, recreational RCAs are also intended to limit catch of non-
overfished groundfish species. Recreational RCAs may either have 
boundaries defined by general depth contours or boundaries defined by 
specific latitude and longitude coordinates approximating depth 
contours. Boundaries for the recreational RCAs throughout the year are 
provided in the text in subpart G of this part under each state 
(Washington, Oregon and California) and may be modified by NMFS 
inseason pursuant to Sec.  660.60(c).
* * * * *
    Fishing gear includes the following types of gear and equipment:
    (1) Bottom contact gear means 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. Non-bottom 
contact gear is defined in paragraph (12) of this definition.
* * * * *
    (12) Non-bottom contact gear means fishing gear designed or 
modified to not make contact with the bottom. This includes, but is not 
limited to, commercial vertical hook-and-line gear not anchored to the 
bottom (e.g., vertical jig gear or rod-and-reel gear with weights 
suspended off the bottom) and troll gear.
* * * * *
    Groundfish * * *
* * * * *
    (10) ``Ecosystem component species'' means species that are 
included in the PCGFMP but are not ``in the fishery'' and therefore not 
actively managed and do not require harvest specifications. Ecosystem 
component species are not targeted in any fishery, not generally 
retained for sale or personal use, and are not determined to be subject 
to overfishing, approaching an overfished condition, or overfished, nor 
are they likely to become subject to overfishing or overfished in the 
absence of conservation and management measures. Ecosystem component 
species include: All skates listed here in paragraph (2), except 
longnose skate and big skate; all grenadiers listed here in paragraph 
(5); soupfin shark; ratfish; finescale codling; and shortbelly rockfish 
as listed here in paragraph (7)(ii).
* * * * *
0
3. In Sec.  660.25, revise paragraphs (b)(4)(v)(C) and (b)(4)(vi)(D) to 
read as follows:


Sec.  660.25  Permits.

* * * * *
    (b) * * *
    (4) * * *
    (v) * * *
    (C) Sablefish-endorsed permits. If a permit owner submits an 
application to register a sablefish-endorsed limited

[[Page 62699]]

entry permit to a new permit owner or vessel owner during the primary 
sablefish season described at Sec.  660.231 (generally April 1 through 
December 31), the initial permit owner must certify on the application 
form the cumulative quantity, in round weight, of primary season 
sablefish landed against that permit as of the application signature 
date for the then current primary season. The new permit owner or 
vessel owner must sign the application form acknowledging the amount of 
landings to date given by the initial permit owner. This certified 
amount should match the total amount of primary season sablefish 
landings reported on state landing receipts. As required at Sec.  
660.12(b), any person landing sablefish must retain on board the vessel 
from which sablefish is landed, and provide to an authorized officer 
upon request, copies of any and all reports of sablefish landings from 
the primary season containing all data, and in the exact manner, 
required by the applicable state law throughout the primary sablefish 
season during which a landing occurred and for 15 days thereafter.
* * * * *
    (vi) * * *
    (D) Sablefish-endorsed permits. If a permit owner submits an 
application to register a sablefish-endorsed limited entry permit to a 
new vessel during the primary sablefish season described at Sec.  
660.231 (generally April 1 through December 31), the initial permit 
owner must certify on the application form the cumulative quantity, in 
round weight, of primary season sablefish landed against that permit as 
of the application signature date for the then current primary season. 
The new permit owner or vessel owner associated with the new vessel 
must sign the application form acknowledging the amount of landings to 
date given by the initial permit owner. This certified amount should 
match the total amount of primary season sablefish landings reported on 
state landing receipts. As required at Sec.  660.12(b), any person 
landing sablefish must retain on board the vessel from which sablefish 
is landed, and provide to an authorized officer upon request, copies of 
any and all reports of sablefish landings from the primary season 
containing all data, and in the exact manner, required by the 
applicable state law throughout the primary sablefish season during 
which a landing occurred and for 15 days thereafter.
* * * * *
0
4. In Sec.  660.50, revise paragraph (f)(2)(ii) to read as follows:


Sec.  660.50  Pacific Coast treaty Indian fisheries.

* * * * *
    (f) * * *
    (2) * * *
    (ii) The Tribal allocation is 849 mt in 2023 and 778 mt in 2024 per 
year. This allocation is, for each year, 10 percent of the Monterey 
through Vancouver area (North of 36[deg] N lat.) ACL. The Tribal 
allocation is reduced by 1.7 percent for estimated discard mortality.
* * * * *
0
5. In Sec.  660.55, revise Table 1 to paragraph (c)(1) to read as 
follows:


Sec.  660.55  Allocations.

* * * * *
    (c) * * *
    (1) * * *

   Table 1 to Paragraph (c)(1)--Allocation Amounts and Percentages for
 Limited Entry Trawl and Non-Trawl Sectors Specified for FMP Groundfish
                       Stocks and Stock Complexes
------------------------------------------------------------------------
                                      All non-treaty     All non-treaty
         Stock or complex            LE trawl sectors  non-trawl sectors
------------------------------------------------------------------------
Arrowtooth Flounder...............                95%                 5%
Chilipepper Rockfish S of                         75%                25%
 40[deg]10' N lat.................
Darkblotched Rockfish.............                95%                 5%
Dover Sole........................                95%                 5%
English Sole......................                95%                 5%
Lingcod N of 40[deg]10' N lat.....                45%                55%
Longspine Thornyhead N of                         95%                 5%
 34[deg]27' N lat.................
Pacific Cod.......................                95%                 5%
Pacific Ocean Perch...............                95%                 5%
Sablefish S of 36[deg] N lat......                42%                58%
Shortspine Thornyhead N of                        95%                 5%
 34[deg]27' N lat.................
Shortspine Thornyhead S of                      50 mt    Remaining Yield
 34[deg]27' N lat.................
Splitnose Rockfish S of 40[deg]10'                95%                 5%
 N lat............................
Starry Flounder...................                50%                50%
Yellowtail Rockfish N of                          88%                12%
 40[deg]10' N lat.................
Minor Slope Rockfish N rth of                     81%                19%
 40[deg]10' N lat.................
Other Flatfish....................                90%                10%
------------------------------------------------------------------------

* * * * *
0
6. Amend Sec.  660.71 by:
0
a. Removing paragraphs (e)(193), (e)(277), and (r)(20);
0
b. Redesignating paragraphs (e)(194) through (276) as (e)(193) through 
(275), (e)(278) through (336) as (e)(276) through (334), (o)(113) 
through (218) as (o)(114) through (219), (q)(25) as (q)(26), and 
(r)(21) through (r)(23) as (r)(20) through (r)(22);
0
c. Revising paragraphs (e)(144) and (e)(192); newly redesignated 
paragraphs (e)(263), (e)(274), (e)(280), (e)(287), (e)(307), and 
paragraphs (h)(13), (i)(1), (i)(9), (i)(14), (i)(20), (i)(34), (j)(27), 
(j)(30), (j)(40)
0
d. Revising paragraphs (o)(95), (o)(97), (o)(112);
0
e. Adding new paragraphs (o)(113);
0
f. Revising newly redesignated paragraphs (o)(181), (o)(193), (0)(215), 
and (o)(216) and paragraphs (q)(8), (q)(14), (q)(19), (q)(24);
0
g. Adding new paragraph (q)(25); and
0
h. Revising newly redesignated paragraphs (r)(8), (r)(15).
    The additions and revisions read as follows:


 Sec.  660.71  Latitude/longitude coordinates defining the 10-fm (18-m) 
through 40-fm (73-m) depth contours.

* * * * *
    (e) * * *
* * * * *

[[Page 62700]]

    (144) 39[deg]16.88' N lat., 123[deg]49.29' W long.;
* * * * *
    (192) 36[deg]33.20' N lat., 121[deg]57.50' W long.;
* * * * *
    (263) 34[deg]06.13' N lat., 119[deg]15.26' W long.;
* * * * *
    (274) 34[deg]04.66' N lat., 119[deg]04.51' W long.;
* * * * *
    (280) 33[deg]59.78' N lat., 118[deg]47.26' W long.;
* * * * *
    (287) 33[deg]50.29' N lat., 118[deg]24.58' W long.;
* * * * *
    (307) 33[deg]35.26' N lat., 118[deg]02.55' W long.;
* * * * *
    (h) * * *
* * * * *
    (13) 33 [deg]56.75' N lat., 119[deg]49.13' W long.;
* * * * *
    (i) * * *
* * * * *
    (1) 33[deg]02.98' N lat., 118[deg]37.64' W long.;
* * * * *
    (9) 32[deg]54.79' N lat., 118[deg]33.34' W long.;
* * * * *
    (14) 32[deg]48.05' N lat., 118[deg]26.81' W long.;
* * * * *
    (20) 32[deg]49.04' N lat., 118[deg]20.71' W long.;
* * * * *
    (34) 33[deg]02.98' N lat., 118[deg]37.64' W long.;
* * * * *
    (j) * * *
* * * * *
    (27) 33[deg]28.77' N lat., 118[deg]32.95' W long.;
* * * * *
    (30) 33[deg]27.58' N lat., 118[deg]29.51' W long.;
* * * * *
    (40) 33[deg]20.21' N lat., 118[deg]18.50' W long.;
* * * * *
    (o) * * *
* * * * *
    (95) 40 [deg]22.41' N lat., 124[deg]24.19' W long.;
* * * * *
    (97) 40[deg]18.71' N lat., 124[deg]22.63' W long.;
* * * * *
    (112) 39[deg]22.63' N lat., 123[deg]51.03' W long.;
    (113) 39[deg]11.86' N lat., 123[deg]48.83' W long.;
* * * * *
    (181) 34[deg]08.23' N lat., 119[deg]13.21' W long.;
* * * * *
    (193) 33[deg]49.87' N lat., 118[deg] 24.15' W long.;
* * * * *
    (215) 32[deg]51.90' N lat., 117[deg]16.32' W long.;
    (216) 32[deg]52.11' N lat., 117[deg]19.33' W long.;
* * * * *
    (q) * * *
* * * * *
    (8) 32[deg] 54.78' N lat., 118[deg]33.44' W long.;
* * * * *
    (14) 32[deg]45.53' N lat., 118[deg]24.82' W long.;
* * * * *
    (19) 32[deg]49.70' N lat., 118[deg]21.04' W long.;
* * * * *
    (24) 33[deg]02.98' N lat., 118[deg]35.40' W long.;
    (25) 33[deg]03.36' N lat., 118[deg]37.57' W long.; and
* * * * *
    (r) * * *
* * * * *
    (8) 33[deg]20.88' N lat., 118[deg]30.54' W long.;
* * * * *
    (15) 33[deg]22.24' N lat., 118[deg]19.99' W long.;
* * * * *
0
7. Amend Sec.  660.72 by:
0
a. Revising paragraphs (a)(74) and (75), (a)(106) and (107), (a)(130), 
(a)(132) and (133),
0
b. Redesignating paragraphs (a)(134) through (200) as (a)(135) through 
(201);
0
c. Adding new paragraph (a)(134);
0
d. Revising paragraphs (a)(147) and (148), (a)(162), (a)(169), 
(a)(171), (a)(173), (a)(174)
0
e. Revising paragraphs (c)(18), (c)(33), (d)(2) through (4), (f)(89), 
(f)(96), (f)(129), (f)(143) and (144), (f)(146), (f)(155), (f)(159), 
(f)(169), (f)(175) and (176), (f)(208), (g)(17), (h)(2), (h)(4) through 
(6), (i)(6);
0
f. Removing paragraph (j)(140);
0
g. Redesignating paragraphs (j)(99) through (139) as (j)(100) through 
(140);
0
h. Adding new paragraph (j)(99);
0
i. Revising newly redesignated paragraphs (j)(100), and (j)(109) and 
paragraphs (j)(154), (j)(157), (j)(166), (j)(186) and (187), (j)(189) 
and (190), (j)(206), (j)(208) through (210), (j)(215), (j)(220) through 
(222), (j)(227), (k)(29), (l)(3), (m)(1), (m)(3) and (4), (m)(6), 
(m)(15), and (m)(18).

    The additions and revisions read as follows:


 Sec.  660.72  Latitude/longitude coordinates defining the 50 fm (91 m) 
through 75 fm (137 m) depth contours.

* * * * *
    (a) * * *
* * * * *
    (74) 40[deg]23.71' N lat., 124[deg]28.32' W long.;
    (75) 40[deg]22.53' N lat., 124[deg]24.67' W long.;
* * * * *
    (106) 37[deg]49.84' N lat., 123[deg]16.05' W long.;
    (107) 37[deg]35.67' N lat., 122[deg]55.43' W long.;
* * * * *
    (130) 36[deg]00.00' N lat., 121[deg]34.95' W long.;
* * * * *
    (132) 35[deg]40.44' N lat., 121[deg] 22.43' W long.;
    (133) 35[deg]27.11' N lat., 121[deg]03.55' W long.;
    (134) 35[deg]14.91' N lat., 120[deg]56.67' W long.;
* * * * *
    (147) 34[deg]07.83' N lat., 119[deg]13.48' W long.;
    (148) 34[deg]07.71' N lat., 119[deg]13.29' W long.;
* * * * *
    (162) 33[deg]51.33' N lat., 118[deg]36.00' W long.;
* * * * *
    (169) 33[deg]48.25' N lat., 118[deg]26.97' W long.;
* * * * *
    (171) 33[deg]44.11' N lat., 118[deg]25.23' W long.;
* * * * *
    (173) 33[deg]38.16' N lat., 118[deg]15.65' W long.;
    (174) 33[deg]37.47' N lat., 118[deg] 16.62' W long.;
* * * * *
    (c) * * *
* * * * *
    (18) 33[deg]58.76' N lat., 119[deg]32.27' W long.;
* * * * *
    (33) 34[deg]02.47' N lat., 120[deg]30.00' W long.;
* * * * *
    (d) * * *
* * * * *
    (2) 33[deg]02.53' N lat., 118[deg]34.25' W long.;
    (3) 32[deg]55.51' N lat., 118[deg]28.92' W long.;
    (4) 32[deg]54.99' N lat., 118[deg]27.72' W long.;
* * * * *
    (f) * * *
* * * * *

[[Page 62701]]

    (89) 40[deg]34.26' N lat., 124[deg]29.52' W long.;
* * * * *
    (96) 40[deg]21.58' N lat., 124[deg]24.87' W long.;
* * * * *
    (129) 36[deg]51.42' N lat., 121[deg]57.62' W long.;
* * * * *
    (143) 36[deg]10.30' N lat., 121[deg]43.00' W long.;
    (144) 36[deg]02.54' N lat., 121[deg]36.43' W long.;
* * * * *
    (146) 35[deg]58.21' N lat., 121[deg]32.88' W long.;
* * * * *
    (155) 34[deg]23.05' N lat., 119[deg]56.25' W long.;
* * * * *
    (159) 34[deg]03.80' N lat., 119[deg]12.70' W long.;
* * * * *
    (169) 33[deg]55.20' N lat., 118[deg]33.18' W long.;
* * * * *
    (175) 33[deg]49.93' N lat., 118[deg]26.36' W long.;
    (176) 33[deg]50.68' N lat., 118[deg]26.15' W long.;
* * * * *
    (208) 32[deg]43.03' N lat., 117[deg]20.43' W long.;
* * * * *
    (g) * * *
* * * * *
    (17) 33[deg]59.22' N lat., 119[deg]55.49' W long.;
* * * * *
    (h) * * *
* * * * *
    (2) 33[deg]02.56' N lat., 118[deg]34.19' W long.;
* * * * *
    (4) 32[deg]55.01' N lat., 118[deg]27.70' W long.;
    (5) 32[deg]49.77' N lat., 118[deg]20.92' W long.;
    (6) 32[deg]48.38' N lat., 118[deg]20.02' W long.;
* * * * *
    (i) * * *
* * * * *
    (6) 33[deg]25.39' N lat., 118[deg]22.80' W long.;
* * * * *
    (j) * * *
* * * * *
    (99) 40[deg]39.40' N lat., 124[deg]28.90' W long.;
    (100) 40[deg]36.96' N lat., 124[deg]28.02' W long.;
* * * * *
    (109) 40[deg]21.65' N lat., 124[deg]24.89' W long.;
* * * * *
    (154) 37[deg]04.49' N lat., 122[deg]38.50' W long.;
* * * * *
    (157) 37[deg]01.16' N lat., 122[deg]24.50' W long.;
* * * * *
    (166) 36[deg]49.80' N lat., 121[deg]57.93' W long.;
* * * * *
    (186) 36[deg]10.35' N lat., 121[deg]43.03' W long.;
    (187) 36[deg]02.50' N lat., 121[deg]36.47' W long.;
* * * * *
    (189) 36[deg]00.00' N lat., 121[deg]35.32' W long.;
    (190) 35[deg]58.20' N lat., 121[deg]32.97' W long.;
* * * * *
    (206) 34[deg]03.70' N lat., 119[deg]12.77' W long.;
* * * * *
    (208) 34[deg]04.44' N lat., 119[deg]04.90' W long.;
    (209) 34[deg]02.94' N lat., 119[deg]02.89' W long.;
    (210) 34[deg]01.30' N lat., 119[deg]00.48' W long.;
* * * * *
    (215) 33[deg]58.99' N lat., 118[deg]47.33' W long.;
* * * * *
    (220) 33[deg]49.85' N lat., 118[deg]32.31' W long.;
    (221) 33[deg]49.61' N lat., 118[deg]28.07' W long.;
    (222) 33[deg]49.77' N lat., 118[deg]26.34' W long.;
* * * * *
    (227) 33[deg]44.07' N lat., 118[deg]25.28' W long.;
* * * * *
    (k) * * *
* * * * *
    (29) 33[deg]51.69' N lat., 120[deg]07.98' W long.;
* * * * *
    (l) * * *
* * * * *
    (3) 32[deg]55.57' N lat., 118[deg]28.84' W long.;
* * * * *
    (m) * * *
    (1) 33[deg]28.13' N lat., 118[deg]38.25' W long.;
* * * * *
    (3) 33[deg]28.94' N lat., 118[deg]30.81' W long.;
    (4) 33[deg]26.73' N lat., 118[deg]27.35' W long.;
* * * * *
    (6) 33[deg]25.42' N lat., 118[deg]22.76' W long.;
* * * * *
    (15) 33[deg]24.94' N lat., 118[deg]32.29' W long.;
* * * * *
    (18) 33[deg]28.13' N lat., 118[deg]38.25' W long.;
* * * * *
0
8. Amend Sec.  660.73 by:
0
a. Revising paragraphs (a)(159) through (322);
0
b. Adding new paragraphs (a)(323) through (329);
0
c. Revising paragraphs (d)(10), (e)(188) and (189), (e)(264), (e)(272), 
(e)(274) through (276), (e)(284) through (286), (e)(290), (e)(318) 
through (323), (e)(350) through (363);
0
d. Adding new paragraphs (e)(364) through (371); and
0
e. Revising paragraphs (f), (g)(12) and (13), (h) and (l).

    The additions and revisions read as follows:


Sec.  660.73   Latitude/longitude coordinates defining the 100 fm (183 
m) through 150 fm (274 m) depth contours.

* * * * *
    (a) * * *
    (159) 40[deg]39.44' N lat., 124[deg]29.08' W long.;
    (160) 40[deg]37.08' N lat., 124[deg]28.29' W long.;
    (161) 40[deg]34.76' N lat., 124[deg]29.82' W long.;
    (162) 40[deg]36.78' N lat., 124[deg]37.06' W long.;
    (163) 40[deg]32.44' N lat., 124[deg]39.58' W long.;
    (164) 40[deg]30.37' N lat., 124[deg]37.30' W long.;
    (165) 40[deg]28.48' N lat., 124[deg]36.95' W long.;
    (166) 40[deg]24.82' N lat., 124[deg]35.12' W long.;
    (167) 40[deg]23.30' N lat., 124[deg]31.60' W long.;
    (168) 40[deg]23.52' N lat., 124[deg]28.78' W long.;
    (169) 40[deg]22.43' N lat., 124[deg]25.00' W long.;
    (170) 40[deg]21.72' N lat., 124[deg]24.94' W long.;
    (171) 40[deg]21.87' N lat., 124[deg]27.96' W long.;
    (172) 40[deg]21.40' N lat., 124[deg]28.74' W long.;
    (173) 40[deg]19.68' N lat., 124[deg]28.49' W long.;
    (174) 40[deg]17.73' N lat., 124[deg]25.43' W long.;
    (175) 40[deg]18.37' N lat., 124[deg]23.35' W long.;
    (176) 40[deg]15.75' N lat., 124[deg]26.05' W long.;
    (177) 40[deg]16.75' N lat., 124[deg]33.71' W long.;
    (178) 40[deg]16.29' N lat., 124[deg]34.36' W long.;
    (179) 40[deg]10.13' N lat., 124[deg]21.92' W long.;
    (180) 40[deg]07.70' N lat., 124[deg]18.44' W long.;

[[Page 62702]]

    (181) 40[deg]08.84' N lat., 124[deg]15.86' W long.;
    (182) 40[deg]06.39' N lat., 124[deg]17.26' W long.;
    (183) 40[deg]03.15' N lat., 124[deg]14.43' W long.;
    (184) 40[deg]02.19' N lat., 124[deg]12.85' W long.;
    (185) 40[deg]02.89' N lat., 124[deg]11.78' W long.;
    (186) 40[deg]02.78' N lat., 124[deg]10.70' W long.;
    (187) 40[deg]04.57' N lat., 124[deg]10.08' W long.;
    (188) 40[deg]06.06' N lat., 124[deg]08.30' W long.;
    (189) 40[deg]04.05' N lat., 124[deg]08.93' W long.;
    (190) 40[deg]01.17' N lat., 124[deg]08.80' W long.;
    (191) 40[deg]01.00' N lat., 124[deg]09.96' W long.;
    (192) 39[deg]58.07' N lat., 124[deg]11.81' W long.;
    (193) 39[deg]56.39' N lat., 124[deg]08.69' W long.;
    (194) 39[deg]54.64' N lat., 124[deg]07.30' W long.;
    (195) 39[deg]53.86' N lat., 124[deg]07.95' W long.;
    (196) 39[deg]51.95' N lat., 124[deg]07.63' W long.;
    (197) 39[deg]48.78' N lat., 124[deg]03.29' W long.;
    (198) 39[deg]47.36' N lat., 124[deg]03.31' W long.;
    (199) 39[deg]40.08' N lat., 123[deg]58.37' W long.;
    (200) 39[deg]36.16' N lat., 123[deg]56.90' W long.;
    (201) 39[deg]30.75' N lat., 123[deg]55.86' W long.;
    (202) 39[deg]31.62' N lat., 123[deg]57.33' W long.;
    (203) 39[deg]30.91' N lat., 123[deg]57.88' W long.;
    (204) 39[deg]01.79' N lat., 123[deg]56.59' W long.;
    (205) 38[deg]59.42' N lat., 123[deg]55.67' W long.;
    (206) 38[deg]58.89' N lat., 123[deg]56.28' W long.;
    (207) 38[deg]57.50' N lat., 123[deg]56.28' W long.;
    (208) 38[deg]54.72' N lat., 123[deg]55.68' W long.;
    (209) 38[deg]48.95' N lat., 123[deg]51.85' W long.;
    (210) 38[deg]36.67' N lat., 123[deg]40.20' W long.;
    (211) 38[deg]33.82' N lat., 123[deg]39.23' W long.;
    (212) 38[deg]29.02' N lat., 123[deg]33.52' W long.;
    (213) 38[deg]18.88' N lat., 123[deg]25.93' W long.;
    (214) 38[deg]14.12' N lat., 123[deg]23.26' W long.;
    (215) 38[deg]11.07' N lat., 123[deg]22.07' W long.;
    (216) 38[deg]03.18' N lat., 123[deg]20.77' W long.;
    (217) 38[deg]00.00' N lat., 123[deg]23.08' W long.;
    (218) 37[deg]55.07' N lat., 123[deg]26.81' W long.;
    (219) 37[deg]50.66' N lat., 123[deg]23.06' W long.;
    (220) 37[deg]45.18' N lat., 123[deg]11.88' W long.;
    (221) 37[deg]35.67' N lat., 123[deg]01.20' W long.;
    (222) 37[deg]26.81' N lat., 122[deg]55.57' W long.;
    (223) 37[deg]26.78' N lat., 122[deg]53.91' W long.;
    (224) 37[deg]25.74' N lat., 122[deg]54.13' W long.;
    (225) 37[deg]25.33' N lat., 122[deg]53.59' W long.;
    (226) 37[deg]25.29' N lat., 122[deg]52.57' W long.;
    (227) 37[deg]24.50' N lat., 122[deg]52.09' W long.;
    (228) 37[deg]23.25' N lat., 122[deg]53.12' W long.;
    (229) 37[deg]15.58' N lat., 122[deg]48.36' W long.;
    (230) 37[deg]11.00' N lat., 122[deg]44.50' W long.;
    (231) 37[deg]07.00' N lat., 122[deg]41.25' W long.;
    (232) 37[deg]03.18' N lat., 122[deg]38.15' W long.;
    (233) 37[deg]00.48' N lat., 122[deg]33.93' W long.;
    (234) 36[deg]58.70' N lat., 122[deg]27.22' W long.;
    (235) 37[deg]00.85' N lat., 122[deg]24.70' W long.;
    (236) 36[deg]58.00' N lat., 122[deg]24.14' W long.;
    (237) 36[deg]58.74' N lat., 122[deg]21.51' W long.;
    (238) 36[deg]56.97' N lat., 122[deg]21.32' W long.;
    (239) 36[deg]51.52' N lat., 122[deg]10.68' W long.;
    (240) 36[deg]48.39' N lat., 122[deg]07.60' W long.;
    (241) 36[deg]47.43' N lat., 122[deg]03.22' W long.;
    (242) 36[deg]50.95' N lat., 121[deg]58.03' W long.;
    (243) 36[deg]49.92' N lat., 121[deg]58.01' W long.;
    (244) 36[deg]48.86' N lat., 121[deg]58.80' W long.;
    (245) 36[deg]47.76' N lat., 121[deg]58.68' W long.;
    (246) 36[deg]48.39' N lat., 121[deg]51.10' W long.;
    (247) 36[deg]45.74' N lat., 121[deg]54.17' W long.;
    (248) 36[deg]45.51' N lat., 121[deg]57.72' W long.;
    (249) 36[deg]38.84' N lat., 122[deg]01.32' W long.;
    (250) 36[deg]35.62' N lat., 122[deg]00.98' W long.;
    (251) 36[deg]32.46' N lat., 121[deg]59.15' W long.;
    (252) 36[deg]32.79' N lat., 121[deg]57.67' W long.;
    (253) 36[deg]31.98' N lat., 121[deg]56.55' W long.;
    (254) 36[deg]31.79' N lat., 121[deg]58.40' W long.;
    (255) 36[deg]30.73' N lat., 121[deg]59.70' W long.;
    (256) 36[deg]30.31' N lat., 122[deg]00.22' W long.;
    (257) 36[deg]29.35' N lat., 122[deg]00.28' W long.;
    (258) 36[deg]27.66' N lat., 121[deg]59.80' W long.;
    (259) 36[deg]26.22' N lat., 121[deg]58.35' W long.;
    (260) 36[deg]21.20' N lat., 122[deg]00.72' W long.;
    (261) 36[deg]20.47' N lat., 122[deg]02.92' W long.;
    (262) 36[deg]18.46' N lat., 122[deg]04.51' W long.;
    (263) 36[deg]15.92' N lat., 122[deg]01.33' W long.;
    (264) 36[deg]13.81' N lat., 121[deg]57.40' W long.;
    (265) 36[deg]14.43' N lat., 121[deg]55.43' W long.;
    (266) 36[deg]10.24' N lat., 121[deg]43.08' W long.;
    (267) 36[deg]07.66' N lat., 121[deg]40.91' W long.;
    (268) 36[deg]02.49' N lat., 121[deg]36.51' W long.;
    (269) 36[deg]01.08' N lat., 121[deg]36.63' W long.;
    (270) 36[deg]00.00' N lat., 121[deg]35.41' W long.;
    (271) 35[deg]57.84' N lat., 121[deg]32.81' W long.;
    (272) 35[deg]50.36' N lat., 121[deg]29.32' W long.;
    (273) 35[deg]39.03' N lat., 121[deg]22.86' W long.;
    (274) 35[deg]24.27' N lat., 121[deg]02.74' W long.;
    (275) 35[deg]16.53' N lat., 121[deg]00.39' W long.;
    (276) 35[deg]04.82' N lat., 120[deg]53.96' W long.;
    (277) 34[deg]52.51' N lat., 120[deg]51.62' W long.;
    (278) 34[deg]43.36' N lat., 120[deg]52.12' W long.;
    (279) 34[deg]38.06' N lat., 120[deg]49.65' W long.;
    (280) 34[deg]30.85' N lat., 120[deg]44.76' W long.;
    (281) 34[deg]27.00' N lat., 120[deg]39.00' W long.;
    (282) 34[deg]21.90' N lat., 120[deg]25.25' W long.;
    (283) 34[deg]24.86' N lat., 120[deg]16.81' W long.;
    (284) 34[deg]22.80' N lat., 119[deg]57.06' W long.;
    (285) 34[deg]18.59' N lat., 119[deg]44.84' W long.;

[[Page 62703]]

    (286) 34[deg]15.04' N lat., 119[deg]40.34' W long.;
    (287) 34[deg]14.40' N lat., 119[deg]45.39' W long.;
    (288) 34[deg]12.32' N lat., 119[deg]42.41' W long.;
    (289) 34[deg]09.71' N lat., 119[deg]28.85' W long.;
    (290) 34[deg]04.70' N lat., 119[deg]15.38' W long.;
    (291) 34[deg]03.33' N lat., 119[deg]12.93' W long.;
    (292) 34[deg]02.72' N lat., 119[deg]07.01' W long.;
    (293) 34[deg]03.90' N lat., 119[deg]04.64' W long.;
    (294) 34[deg]02.75' N lat., 119[deg]02.88' W long.;
    (295) 33[deg]59.44' N lat., 119[deg]03.43' W long.;
    (296) 33[deg]59.12' N lat., 118[deg]59.59' W long.;
    (297) 33[deg]59.84' N lat., 118[deg]57.29' W long.;
    (298) 33[deg]58.83' N lat., 118[deg]46.69' W long.;
    (299) 33[deg]58.73' N lat., 118[deg]41.76' W long.;
    (300) 33[deg]55.09' N lat., 118[deg]34.11' W long.;
    (301) 33[deg]54.09' N lat., 118[deg]38.42' W long.;
    (302) 33[deg]51.00' N lat., 118[deg]36.66' W long.;
    (303) 33[deg]49.06' N lat., 118[deg]31.86' W long.;
    (304) 33[deg]49.69' N lat., 118[deg]26.49' W long.;
    (305) 33[deg]49.35' N lat., 118[deg]26.04' W long.;
    (306) 33[deg]47.60' N lat., 118[deg]31.13' W long.;
    (307) 33[deg]39.82' N lat., 118[deg]18.31' W long.;
    (308) 33[deg]35.68' N lat., 118[deg]16.81' W long.;
    (309) 33[deg]32.85' N lat., 118[deg]09.41' W long.;
    (310) 33[deg]35.14' N lat., 118[deg]04.95' W long.;
    (311) 33[deg]33.56' N lat., 118[deg]00.63' W long.;
    (312) 33[deg]34.25' N lat., 117[deg]53.44' W long.;
    (313) 33[deg]31.65' N lat., 117[deg]49.21' W long.;
    (314) 33[deg]16.07' N lat., 117[deg]34.74' W long.;
    (315) 33[deg]07.06' N lat., 117[deg]22.71' W long.;
    (316) 33[deg]02.81' N lat., 117[deg]21.17' W long.;
    (317) 33[deg]01.76' N lat., 117[deg]20.51' W long.;
    (318) 32[deg]59.90' N lat., 117[deg]19.38' W long.;
    (319) 32[deg]57.29' N lat., 117[deg]18.94' W long.;
    (320) 32[deg]56.15' N lat., 117[deg]19.54' W long.;
    (321) 32[deg]55.30' N lat., 117[deg]19.38' W long.;
    (322) 32[deg]54.27' N lat., 117[deg]17.17' W long.;
    (323) 32[deg]52.94' N lat., 117[deg]17.11' W long.;
    (324) 32[deg]52.66' N lat., 117[deg]19.67' W long.;
    (325) 32[deg]50.95' N lat., 117[deg]21.17' W long.;
    (326) 32[deg]47.11' N lat., 117[deg]22.98' W long.;
    (327) 32[deg]45.60' N lat., 117[deg]22.64' W long.;
    (328) 32[deg]42.79' N lat., 117[deg]21.16' W long.; and
    (329) 32[deg]34.22' N lat., 117[deg]21.20' W long.
* * * * *
    (d) * * *
* * * * *
    (10) 34[deg]02.97' N lat., 119[deg]16.89' W long.;
* * * * *
    (e) * * *
* * * * *
    (188) 40[deg]22.32' N lat., 124[deg]25.15' W long.;
    (189) 40[deg]21.85' N lat., 124[deg]25.09' W long.;
* * * * *
    (264) 36[deg]51.44' N lat., 122[deg]10.79' W long.;
* * * * *
    (272) 36[deg]45.52' N lat., 121[deg]57.74' W long.;
* * * * *
    (274) 36[deg]38.84' N lat., 122[deg]01.44' W long.;
    (275) 36[deg]35.62' N lat., 122[deg]01.06' W long.;
    (276) 36[deg]32.41' N lat., 121[deg]59.18' W long.;
* * * * *
    (284) 36[deg]13.66' N lat., 121[deg]57.17' W long.;
    (285) 36[deg]14.35' N lat., 121[deg]55.38' W long.;
    (286) 36[deg]10.18' N lat., 121[deg]43.26' W long.;
* * * * *
    (290) 35[deg]59.96' N lat., 121[deg]35.39' W long.;
* * * * *
    (318) 34[deg]07.06' N lat., 120[deg]10.42' W long.;
    (319) 34[deg]08.93' N lat., 120[deg]18.34' W long.;
    (320) 34[deg]11.04' N lat., 120[deg]25.20' W long.;
    (321) 34[deg]13.01' N lat., 120[deg]29.29' W long.;
    (322) 34[deg]09.41' N lat., 120[deg]37.69' W long.;
    (323) 34[deg]03.20' N lat., 120[deg]34.52' W long.;
* * * * *
    (350) 33[deg]48.70' N lat., 118[deg]31.99' W long.;
    (351) 33[deg]48.87' N lat., 118[deg]29.47' W long.;
    (352) 33[deg]48.37' N lat., 118[deg]29.40' W long.;
    (353) 33[deg]47.63' N lat., 118[deg]31.57' W long.;
    (354) 33[deg]39.78' N lat., 118[deg]18.40' W long.;
    (355) 33[deg]35.50' N lat., 118[deg]16.85' W long.;
    (356) 33[deg]32.46' N lat., 118[deg]10.90' W long.;
    (357) 33[deg]32.81' N lat., 118[deg]07.30' W long.;
    (358) 33[deg]34.38' N lat., 118[deg]05.94' W long.;
    (359) 33[deg]34.42' N lat., 118[deg]03.95' W long.;
    (360) 33[deg]33.40' N lat., 118[deg]01.26' W long.;
    (361) 33[deg]34.11' N lat., 117[deg]54.07' W long.;
    (362) 33[deg]31.61' N lat., 117[deg]49.30' W long.;
    (363) 33[deg]16.36' N lat., 117[deg]35.48' W long.;
    (364) 33[deg]06.81' N lat., 117[deg]22.93' W long.;
    (365) 32[deg]59.28' N lat., 117[deg]19.69' W long.;
    (366) 32[deg]55.37' N lat., 117[deg]19.55' W long.;
    (367) 32[deg]53.12' N lat., 117[deg]17.49' W long.;
    (368) 32[deg]52.56' N lat., 117[deg]20.75' W long.;
    (369) 32[deg]46.42' N lat., 117[deg]23.45' W long.;
    (370) 32[deg]42.71' N lat., 117[deg]21.45' W long.; and
    (371) 32[deg]34.54' N lat., 117[deg]23.04' W long.
* * * * *
    (f) The 125 fm (229 m) depth contour around San Clemente Island off 
the state of California is defined by straight lines connecting all of 
the following points in the order stated:
    (1) 33[deg]04.86' N lat., 118[deg]37.89' W long.;
    (2) 33[deg]02.67' N lat., 118[deg]34.07' W long.;
    (3) 32[deg]55.97' N lat., 118[deg]28.95' W long.;
    (4) 32[deg]55.06' N lat., 118[deg]27.66' W long.;
    (5) 32[deg]49.79' N lat., 118[deg]20.84' W long.;
    (6) 32[deg]48.02' N lat., 118[deg]19.49' W long.;
    (7) 32[deg]47.37' N lat., 118[deg]21.72' W long.;
    (8) 32[deg]43.58' N lat., 118[deg]24.54' W long.;
    (9) 32[deg]47.74' N lat., 118[deg]30.39' W long.;

[[Page 62704]]

    (10) 32[deg]49.74' N lat., 118[deg]32.11' W long.;
    (11) 32 [deg]53.36' N lat., 118[deg]33.44' W long.;
    (12) 32 [deg]54.89' N lat., 118[deg]35.37' W long.;
    (13) 33 [deg]00.20' N lat., 118[deg]38.72' W long.;
    (14) 33 [deg]03.15' N lat., 118[deg]39.80' W long.; and
    (15) 33 [deg]04.86' N lat., 118[deg]37.89' W long.;
* * * * *
    (g) * * *
* * * * *
    (12) 33[deg]19.85' N lat., 118[deg]32.25' W long.;
    (13) 33[deg]20.82' N lat., 118[deg]32.98' W long.;
* * * * *
    (h) The 125 fm (229 m) depth contour around Lasuen Knoll off the 
state of California is defined by straight lines connecting all of the 
following points in the order stated:
    (1) 33[deg]24.50' N lat., 118[deg]01.08' W long.;
    (2) 33[deg]23.35' N lat., 117[deg]59.83' W long.;
    (3) 33[deg]23.69' N lat., 117[deg]58.47' W long.;
    (4) 33[deg]24.76' N lat., 117[deg]59.33' W long.; and
    (5) 33[deg]24.50' N lat., 118[deg]01.08' W long.
* * * * *
    (l) The 150 fm (274 m) depth contour used around Lasuen Knoll off 
the state of California is defined by straight lines connecting all of 
the following points in the order stated:
    (1) 33[deg]25.07' N lat., 117[deg]59.26' W long.;
    (2) 33[deg]23.69' N lat., 117[deg]58.13' W long.;
    (3) 33[deg]23.18' N lat., 117[deg]59.87' W long.;
    (4) 33[deg]24.61' N lat., 118[deg]01.31' W long.; and
    (5) 33[deg]25.07' N lat., 117[deg]59.26' W long.
* * * * *
0
9. In Sec.  660.74, revise paragraphs (d), (j), and (p)(3) through (7) 
to read as follows:


Sec.  660.74   Latitude/longitude coordinates defining the 180 fm (329 
m) through 250 fm (457 m) depth contours.

* * * * *
    (d) The 180 fm (329 m) depth contour used around Lasuen Knoll off 
the state of California is defined by straight lines connecting all of 
the following points in the order stated:
    (1) 33[deg]25.05' N lat., 118[deg]01.70' W long.;
    (2) 33[deg]25.41' N lat., 117[deg]59.36' W long.;
    (3) 33[deg]23.49' N lat., 117[deg]57.47' W long.;
    (4) 33[deg]23.02' N lat., 117[deg]59.78' W long.;
    (5) 33[deg]23.85' N lat., 118[deg]00.88' W long.; and
    (6) 33[deg]25.05' N lat., 118[deg]01.70' W long.
* * * * *
    (j) The 200 fm (366 m) depth contour used around Lasuen Knoll off 
the state of California is defined by straight lines connecting all of 
the following points in the order stated:
    (1) 33[deg]25.91' N lat., 117[deg]59.44' W long.;
    (2) 33[deg]23.37' N lat., 117[deg]56.97' W long.;
    (3) 33[deg]22.88' N lat., 117[deg]59.72' W long.;
    (4) 33[deg]23.85' N lat., 118[deg]01.03' W long.;
    (5) 33[deg]25.20' N lat., 118[deg]01.89' W long.; and
    (6) 33[deg]25.91' N lat., 117[deg]59.44' W long.
* * * * *
    (p) * * *
* * * * *
    (3) 33[deg]23.83' N lat., 117[deg]56.19' W long.;
    (4) 33[deg]22.24' N lat., 117[deg]57.20' W long.;
    (5) 33[deg]22.78' N lat., 117[deg]59.68' W long.;
    (6) 33[deg]23.79' N lat., 118[deg]01.32' W long.;
    (7) 33[deg]25.79' N lat., 118[deg]02.25' W long.;
* * * * *
0
10. Revise Tables 1a through 1c to part 660, subpart C, to read as 
follows:
* * * * *

           Table 1a. to Part 660, Subpart C--2023, Specifications of OFL, ABC, ACL, ACT and Fishery HG
                         [(Weights in metric tons). Capitalized stocks are rebuilding.]
----------------------------------------------------------------------------------------------------------------
            Stocks                    Area              OFL             ABC           ACL \a\     Fishery HG \b\
----------------------------------------------------------------------------------------------------------------
YELLOWEYE ROCKFISH \c\........  Coastwide.......             123             103              66            55.3
Arrowtooth Flounder \d\.......  Coastwide.......          26,391          18,632          18,632          16,537
Big Skate \e\.................  Coastwide.......           1,541           1,320           1,320         1,260.2
Black Rockfish \f\............  California (S of             368             334             334           332.1
                                 42[deg] N lat).
Black Rockfish \g\............  Washington (N of             319             290             290           271.8
                                 46[deg]16' N
                                 lat).
Bocaccio \h\..................  S of 40[deg]10'            2,009           1,842           1,842         1,793.9
                                 N lat.
Cabezon \i\...................  California (S of             197             182             182           180.4
                                 42[deg] N lat).
California Scorpionfish \j\...  S of 34[deg]27'              290             262             262           258.4
                                 N lat.
Canary Rockfish \k\...........  Coastwide.......           1,413           1,284           1,284         1,215.1
Chilipepper \l\...............  S of 40[deg]10'            2,401           2,183           2,183           2,085
                                 N lat.
Cowcod \m\....................  S of 40[deg]10'              113              80              80            68.8
                                 N lat.
    Cowcod....................  (Conception)....              94              69              NA              NA
    Cowcod....................  (Monterey)......              19              11              NA              NA
Darkblotched Rockfish n.......  Coastwide.......             856             785             785           761.2
Dover Sole \o\................  Coastwide.......          63,834          59,685          50,000        48,402.9
English Sole \p\..............  Coastwide.......          11,133           9,018           9,018         8,758.5
Lingcod \q\...................  N of 40[deg]10'            5,010           4,378           4,378         4,098.4
                                 N lat.
Lingcod \r\...................  S of 40[deg]10'              846             739             726           710.5
                                 N lat.
Longnose Skate \s\............  Coastwide.......           1,993           1,708           1,708         1,456.7
Longspine Thornyhead \t\......  N of 34[deg]27'            4,616           3,019           2,295         2,241.3
                                 N lat.
Longspine Thornyhead \u\......  S of 34[deg]27'              725           722.8
                                 N lat.
Pacific Cod \v\...............  Coastwide.......           3,200           1,926           1,600           1,094
Pacific Ocean Perch \w\.......  N of 40[deg]10'            4,248           3,573           3,573         3,427.5
                                 N lat.
Pacific Whiting \x\...........  Coastwide.......               x               x               x               x
Petrale Sole \y\..............  Coastwide.......           3,763           3,485           3,485         3,098.8
Sablefish \z\.................  N of 36[deg] N            11,577          10,825           8,486    See Table 1c
                                 lat.
Sablefish \aa\................  S of 36[deg] N             2,338         2,310.6
                                 lat.
Shortspine Thornyhead \bb\....  N of 34[deg]27'            3,177           2,078           1,359         1,280.7
                                 N lat.
Shortspine Thornyhead \cc\....  S of 34[deg]27'              719           712.3
                                 N lat.
Spiny Dogfish \dd\............  Coastwide.......           1,911           1,456           1,456         1,104.5
Splitnose \ee\................  S of 40[deg]10'            1,803           1,592           1,592         1,573.4
                                 N lat.
Starry Flounder \ff\..........  Coastwide.......             652             392             392           343.7
Widow Rockfish \gg\...........  Coastwide.......          13,633          12,624          12,624        12,385.7
Yellowtail Rockfish \hh\......  N of 40[deg]10'            6,178           5,666           5,666         4,638.5
                                 N lat.
----------------------------------------------------------------------------------------------------------------

[[Page 62705]]

 
                                                 Stock Complexes
----------------------------------------------------------------------------------------------------------------
Blue/Deacon/Black Rockfish      Oregon..........             679             597             597           595.2
 \ii\.
Cabezon/Kelp Greenling \jj\...  Oregon..........             202             185             185           184.2
Cabezon/Kelp Greenling \kk\...  Washington......              25              20              20            18.0
Nearshore Rockfish North \ll\.  N of 40[deg]10'              110              93              93            89.7
                                 N lat.
Nearshore Rockfish South \mm\.  S of 40[deg]10'            1,089             897             887           882.5
                                 N lat.
Other Fish \nn\...............  Coastwide.......             286             223             223           201.8
Other Flatfish \oo\...........  Coastwide.......           7,887           4,862           4,862           4,641
Shelf Rockfish North \pp\.....  N of 40[deg]10'            1,614           1,283           1,283         1,212.1
                                 N lat.
Shelf Rockfish South \qq\.....  S of 40[deg]10'            1,835           1,469           1,469         1,336.2
                                 N lat.
Slope Rockfish North \rr\.....  N of 40[deg]10'            1,819           1,540           1,540         1,474.6
                                 N lat.
Slope Rockfish South \ss\.....  S of 40[deg]10'              870             701             701           662.1
                                 N lat.
----------------------------------------------------------------------------------------------------------------
\a\ Annual catch limits (ACLs), annual catch targets (ACTs) and harvest guidelines (HGs) are specified as total
  catch valueS
\b\ Fishery HGs means the HG or quota after subtracting Pacific Coast treaty Indian tribes allocations and
  projected catch, projected research catch, deductions for fishing mortality in non-groundfish fisheries, and
  deductions for EFPs from the ACL or ACT.
\c\ Yelloweye rockfish. The 66 mt ACL is based on the current rebuilding plan with a target year to rebuild of
  2029 and an SPR harvest rate of 65 percent. 10.7 mt is deducted from the ACL to accommodate the Tribal fishery
  (5 mt), EFP fishing (0.12 mt), research catch (2.92 mt), and incidental open access mortality (2.66 mt)
  resulting in a fishery HG of 55.3 mt. The non-trawl HG is 50.9 mt. The combined non-nearshore/nearshore HG is
  10.7 mt. Recreational HGs are: 13.2 mt (Washington); 11.7 mt (Oregon); and 15.3 mt (California). In addition,
  the non-trawl ACT is 39.9 mt, and the combined non-nearshore/nearshore ACT is 8.4 mt. Recreational ACTs are:
  10.4 mt (Washington), 9.2 mt (Oregon), and 12.0 mt (California).
\d\ Arrowtooth flounder. 2,094.98 mt is deducted from the ACL to accommodate the Tribal fishery (2,041 mt),
  research catch (12.98 mt) and incidental open access mortality (41 mt), resulting in a fishery HG of 16,537
  mt.
\e\ Big skate. 59.8 mt is deducted from the ACL to accommodate the Tribal fishery (15 mt), research catch (5.49
  mt), and incidental open access mortality (39.31 mt), resulting in a fishery HG of 1,260.2 mt.
\f\ Black rockfish (California). 2.26 mt is deducted from the ACL to accommodate EFP fishing (1.0 mt), research
  catch (0.08 mt), and incidental open access mortality (1.18 mt), resulting in a fishery HG of 332.1 mt.
\g\ Black rockfish (Washington). 18.1 mt is deducted from the ACL to accommodate the Tribal fishery (18 mt) and
  research catch (0.1 mt), resulting in a fishery HG of 271.8 mt.
\h\ Bocaccio south of 40[deg]10' N lat. Bocaccio are managed with stock-specific harvest specifications south of
  40[deg]10' N lat. and within the Minor Shelf Rockfish complex north of 40[deg]10' N lat. 48.12 mt is deducted
  from the ACL to accommodate EFP fishing (40 mt), research catch (5.6 mt), and incidental open access mortality
  (2.52 mt), resulting in a fishery HG of 1,793.9 mt. The California recreational fishery south of 40[deg]10' N
  lat. has an HG of 755.6 mt.
\i\ Cabezon (California). 1.63 mt is deducted from the ACL to accommodate EFP fishing (1 mt), research catch
  (0.02 mt), and incidental open access fishery mortality (0.61 mt), resulting in a fishery HG of 180.4 mt.
\j\ California scorpionfish south of 34[deg]27' N lat. 3.89 mt is deducted from the ACL to accommodate research
  (0.18 mt) and the incidental open access fishery (3.71 mt), resulting in a fishery HG of 258.4 mt.
\k\ Canary rockfish. 68.91 mt is deducted from the ACL to accommodate the Tribal fishery (50 mt), EFP fishing (6
  mt), and research catch (10.08 mt), and incidental open access mortality (2.83 mt), resulting in a fishery HG
  of 1,215.1 mt. The combined nearshore/non-nearshore HG is 121.2 mt. Recreational HGs are: 41.4 mt
  (Washington); 62.3 mt (Oregon); and 111.7 mt (California).
\l\ Chilipepper rockfish south of 40[deg]10' N lat. Chilipepper are managed with stock-specific harvest
  specifications south of 40[deg]10'N lat. and within the Minor Shelf Rockfish complex north of 40[deg]10' N
  lat. 97.7 mt is deducted from the ACL to accommodate EFP fishing (70 mt), research catch (14.04 mt),
  incidental open access fishery mortality (13.66 mt), resulting in a fishery HG of 2,085 mt.
\m\ Cowcod south of 40[deg]10' N lat. Cowcod are managed with stock-specific harvest specifications south of
  40[deg]10' N lat. and within the Minor Shelf Rockfish complex north of 40[deg]10' N lat. 11.17 mt is deducted
  from the ACL to accommodate EFP fishing (1 mt), research catch (10 mt), and incidental open access mortality
  (0.17 mt), resulting in a fishery HG of 68.8 mt.
\n\ Darkblotched rockfish. 23.76 mt is deducted from the ACL to accommodate the Tribal fishery (5 mt), EFP
  fishing (0.5 mt), research catch (8.46 mt), and incidental open access mortality (9.8 mt) resulting in a
  fishery HG of 761.2 mt.
\o\ Dover sole. 1,597.11 mt is deducted from the ACL to accommodate the Tribal fishery (1,497 mt), research
  catch (50.84 mt), and incidental open access mortality (49.27 mt), resulting in a fishery HG of 48,402.9 mt.
\p\ English sole. 259.52 mt is deducted from the ACL to accommodate the Tribal fishery (200 mt), research catch
  (17 mt), and incidental open access mortality (42.52 mt), resulting in a fishery HG of 8,758.5 mt.
\q\ Lingcod north of 40[deg]10' N lat. 279.63 mt is deducted from the ACL for the Tribal fishery (250 mt),
  research catch (17.71 mt), and incidental open access mortality (11.92 mt) resulting in a fishery HG of
  4,098.4 mt.
\r\ Lingcod south of 40[deg]10' N lat. 15.5 mt is deducted from the ACL to accommodate EFP fishing (4 mt),
  research catch (3.19 mt), and incidental open access mortality (8.31 mt), resulting in a fishery HG of 710.5
  mt.
\s\ Longnose skate. 251.3 mt is deducted from the ACL to accommodate the Tribal fishery (220 mt), research catch
  (12.46 mt), and incidental open access mortality (18.84 mt), resulting in a fishery HG of 1,456.7 mt.
\t\ Longspine thornyhead north of 34[deg]27' N lat. 53.71 mt is deducted from the ACL to accommodate the Tribal
  fishery (30 mt), research catch (17.49 mt), and incidental open access mortality(6.22 mt), resulting in a
  fishery HG of 2,241.3 mt.
\u\ Longspine thornyhead south of 34[deg]27' N lat. 2.24 mt is deducted from the ACL to accommodate research
  catch (1.41 mt) and incidental open access mortality (0.83 mt), resulting in a fishery HG of 722.8 mt.
\v\ Pacific cod. 506 mt is deducted from the ACL to accommodate the Tribal fishery (500 mt), research catch
  (5.47 mt), and incidental open access mortality (0.53 mt), resulting in a fishery HG of 1,094 mt.
\w\ Pacific ocean perch north of 40[deg]10' N lat. Pacific ocean perch are managed with stock-specific harvest
  specifications north of 40[deg]10' N lat. and within the Minor Slope Rockfish complex south of 40[deg]10' N
  lat. 145.48 mt is deducted from the ACL to accommodate the Tribal fishery (130 mt), research catch (5.39 mt),
  and incidental open access mortality (10.09 mt), resulting in a fishery HG of 3,427.5 mt.
\x\ Pacific whiting. Pacific whiting are assessed annually. The final specifications will be determined
  consistent with the U.S-Canada Pacific Whiting Agreement and will be announced after the Council's April 2023
  meeting.
\y\ Petrale sole. 386.24 mt is deducted from the ACL to accommodate the Tribal fishery (350 mt), EFP fishing (1
  mt), research catch (24.14 mt), and incidental open access mortality (11.1 mt), resulting in a fishery HG of
  3,098.8 mt.
\z\ Sablefish north of 36[deg] N lat. The sablefish coastwide ACL value is not specified in regulationS The
  coastwide sablefish ACL value is apportioned north and south of 36[deg] N lat., using the rolling 5-year
  average estimated swept area biomass from the NMFS NWFSC trawl survey, with 78.4 percent apportioned north of
  36[deg] N lat. and 21.6 percent apportioned south of 36[deg] N lat. The northern ACL is 8,486 mt and is
  reduced by 849 mt for the Tribal allocation (10 percent of the ACL north of 36[deg] N lat.). The 849 mt Tribal
  allocation is reduced by 1.7 percent to account for discard mortality. Detailed sablefish allocations are
  shown in Table 1c.
\aa\ Sablefish south of 36[deg] N lat. The ACL for the area south of 36[deg] N lat. is 2,338 mt (21.6 percent of
  the calculated coastwide ACL value). 27.4 mt is deducted from the ACL to accommodate research catch (2.40 mt)
  and incidental open access mortality (25 mt), resulting in a fishery HG of 2,310.6 mt.
\bb\ Shortspine thornyhead north of 34[deg]27' N lat. 78.3 mt is deducted from the ACL to accommodate the Tribal
  fishery (50 mt), research catch (10.48 mt), and incidental open access mortality (17.82 mt), resulting in a
  fishery HG of 1,280.7 mt for the area north of 34[deg]27' N lat.
\cc\ Shortspine thornyhead south of 34[deg]27' N lat. 6.71 mt is deducted from the ACL to accommodate research
  catch (0.71 mt) and incidental open access mortality (6 mt), resulting in a fishery HG of 712.3 mt for the
  area south of 34[deg]27' N lat.
\dd\ Spiny dogfish. 351.48 mt is deducted from the ACL to accommodate the Tribal fishery (275 mt), EFP fishing
  (1 mt), research catch (41.85 mt), and incidental open access mortality (33.63 mt), resulting in a fishery HG
  of 1,104.5 mt.
\ee\ Splitnose rockfish south of 40[deg]10' N lat. 18.42 mt is deducted from the ACL to accommodate EFP fishing
  (1.5 mt), research catch (11.17 mt), and incidental open access mortality (5.75 mt), resulting in a fishery HG
  of 1,573.4 mt.
\ff\ Starry flounder. 48.28 mt is deducted from the ACL to accommodate the Tribal fishery (2 mt), research catch
  (0.57 mt), and incidental open access mortality (45.71 mt), resulting in a fishery HG of 343.7 mt.
\gg\ Widow rockfish. 238.32 mt is deducted from the ACL to accommodate the Tribal fishery (200 mt), EFP fishing
  (18 mt), research catch (17.27 mt), and incidental open access mortality (3.05 mt), resulting in a fishery HG
  of 12,385.7 mt.
\hh\ Yellowtail rockfish north of 40[deg]10' N lat. Yellowtail rockfish are managed with stock-specific harvest
  specifications north of 40[deg]10' N lat. and within the Minor Shelf Rockfish complex south of 40[deg]10' N
  lat. 1,027.55 mt is deducted from the ACL to accommodate the Tribal fishery (1,000 mt), research catch (20.55
  mt), and incidental open access mortality (7 mt), resulting in a fishery HG of 4,638.5 mt.

[[Page 62706]]

 
\ii\ Black rockfish/Blue rockfish/Deacon rockfish (Oregon). 1.82 mt is deducted from the ACL to accommodate
  research catch (0.08 mt) and incidental open access mortality (1.74 mt), resulting in a fishery HG of 595.2
  mt.
\jj\ Cabezon/kelp greenling (Oregon). 0.79 mt is deducted from the ACL to accommodate research catch (0.05 mt),
  and incidental open access mortality (0.74 mt), resulting in a fishery HG of 184.2 mt.
\kk\ Cabezon/kelp greenling (Washington). 2 mt is deducted from the ACL to accommodate the Tribal fishery,
  resulting in a fishery HG is 18 mt.
\ll\ Nearshore Rockfish north of 40[deg]10' N lat. 3.27 mt is deducted from the ACL to accommodate the Tribal
  fishery (1.5 mt), research catch (0.47 mt), and incidental open access mortality (1.3 mt), resulting in a
  fishery HG of 89.7 mt. State specific HGs are Washington (17.7 mt), Oregon (32.0 mt), and California (39.6
  mt). The ACT for copper rockfish (California) is 6.93 mt. The ACT for quillback rockfish (California) is 0.87
  mt.
\mm\ Nearshore Rockfish south of 40[deg]10' N lat. 4.54 mt is deducted from the ACL to accommodate research
  catch (2.68 mt) and incidental open access mortality (1.86 mt), resulting in a fishery HG of 882.5 mt. The ACT
  for copper rockfish is 84.61 mt. The ACT for quillback rockfish is 0.89 mt.
\nn\ Other Fish. The Other Fish complex is comprised of kelp greenling off California and leopard shark
  coastwide. 21.24 mt is deducted from the ACL to accommodate research catch (6.29 mt) and incidental open
  access mortality (14.95 mt), resulting in a fishery HG of 201.8 mt.
\oo\ Other Flatfish. The Other Flatfish complex is comprised of flatfish species managed in the PCGFMP that are
  not managed with stock-specific OFLs/ABCs/ACLS Most of the species in the Other Flatfish complex are
  unassessed and include: butter sole, curlfin sole, flathead sole, Pacific sanddab, rock sole, sand sole, and
  rex sole. 220.79 mt is deducted from the ACL to accommodate the Tribal fishery (60 mt), research catch (23.63
  mt), and incidental open access mortality (137.16 mt), resulting in a fishery HG of 4,641.2 mt.
\pp\ Shelf Rockfish north of 40[deg]10' N lat. 70.94 mt is deducted from the ACL to accommodate the Tribal
  fishery (30 mt), research catch (15.32 mt), and incidental open access mortality (25.62 mt), resulting in a
  fishery HG of 1,212.1 mt.
\qq\ Shelf Rockfish south of 40[deg]10' N lat. 132.77 mt is deducted from the ACL to accommodate EFP fishing (50
  mt), research catch (15.1 mt), and incidental open access mortality (67.67 mt) resulting in a fishery HG of
  1,336.2 mt.
\rr\ Slope Rockfish north of 40[deg]10' N lat. 65.39 mt is deducted from the ACL to accommodate the Tribal
  fishery (36 mt), and research catch (10.51 mt), and incidental open access mortality (18.88 mt), resulting in
  a fishery HG of 1,474.6 mt.
\ss\ Slope Rockfish south of 40[deg]10' N lat. 38.94 mt is deducted from the ACL to accommodate EFP fishing (1
  mt), research catch (18.21 mt), and incidental open access mortality (19.73 mt), resulting in a fishery HG of
  662.1 mt. Blackgill rockfish has a stock-specific HG for the entire groundfish fishery south of 40[deg]10' N
  lat. set equal to the species' contribution to the ACL. Harvest of blackgill rockfish in all groundfish
  fisheries south of 40[deg]10' N lat. counts against this HG of 172.4 mt.


                                     Table 1b. to Part 660, Subpart C--2023, Allocations by Species or Species Group
                                                                 [Weight in metric tons]
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                                       Trawl                         Non-trawl
          Stocks/stock complexes                        Area              Fishery HG  or ---------------------------------------------------------------
                                                                                ACT              %              Mt               %              Mt
--------------------------------------------------------------------------------------------------------------------------------------------------------
YELLOWEYE ROCKFISH \a\....................  Coastwide...................            55.3               8             4.4              92            50.9
Arrowtooth flounder.......................  Coastwide...................          16,537              95        15,710.2               5           826.9
Big skate \a\.............................  Coastwide...................         1,260.2              95         1,197.2               5              63
Bocaccio \a\..............................  S of 40[deg]10' N lat.......         1,793.9           39.04           700.3           60.96         1,093.5
Canary rockfish \a\.......................  Coastwide...................         1,215.1          72.281           878.3          27.719           336.8
Chilipepper rockfish......................  S of 40[deg]10'N lat........           2,085              75         1,563.8              25           521.3
Cowcod \a\ \b\............................  S of 40[deg]10' N lat.......            68.8              36            24.8              64            44.1
Darkblotched rockfish.....................  Coastwide...................           761.2              95           723.2               5            38.1
Dover sole................................  Coastwide...................        48,402.8              95        45,982.7               5         2,420.1
English sole..............................  Coastwide...................         8,758.5              95         8,320.6               5           437.9
Lingcod...................................  N of 40'10[deg] N lat.......         4,098.4              45         1,844.3              55         2,254.1
Lingcod \a\...............................  S of 40'10[deg] N lat.......           710.5              40           284.2              60           426.3
Longnose skate \a\........................  Coastwide...................         1,456.7              90           1,311              10           145.7
Longspine thornyhead......................  N of 34[deg]27' N lat.......         2,241.3              95         2,129.2               5           112.1
Pacific cod...............................  Coastwide...................           1,094              95         1,039.3               5            54.7
Pacific ocean perch.......................  N of 40[deg]10' N lat.......         3,427.5              95         3,256.1               5           171.4
Pacific whiting \c\.......................  Coastwide...................             TBD             100             TBD               0               0
Petrale sole \a\..........................  Coastwide...................         3,098.8  ..............         3,068.8  ..............              30
                                                                                         ---------------------------------------------------------------
Sablefish.................................  N of 36[deg] N lat..........              NA                           See Table 1c
                                                                                         ---------------------------------------------------------------
Sablefish.................................  S of 36[deg] N lat..........         2,310.6              42           970.5              58         1,340.1
Shortspine thornyhead.....................  N of 34[deg]27' N lat.......         1,280.7              95         1,216.7               5              64
Shortspine thornyhead.....................  S of 34[deg]27' N lat.......           712.3  ..............              50  ..............           662.3
Splitnose rockfish........................  S of 40[deg]10' N lat.......         1,572.4              95         1,494.7               5            78.7
Starry flounder...........................  Coastwide...................           343.7              50           171.9              50           171.9
Widow rockfish \a\........................  Coastwide...................        12,385.7  ..............        11,985.7  ..............             400
Yellowtail rockfish.......................  N of 40[deg]10' N lat.......         4,638.5              88         4,081.8              12           556.6
Other Flatfish............................  Coastwide...................         4,641.2              90         4,177.1              10           464.1
Shelf Rockfish \a\........................  N of 40[deg]10' N lat.......         1,212.1            60.2           729.7            39.8           482.4
Shelf Rockfish \a\........................  S of 40[deg]10' N lat.......         1,336.2            12.2             163            87.8         1,173.2
Slope Rockfish............................  N of 40[deg]10' N lat.......         1,474.6              81         1,194.4              19           280.2
Slope Rockfish \a\........................  S of 40[deg]10' N lat.......           662.1              63           417.1              37             245
--------------------------------------------------------------------------------------------------------------------------------------------------------
\a\ Allocations decided through the biennial specification process.
\b\ The cowcod non-trawl allocation is further split 50:50 between the commercial and recreational sectors. This results in a sector-specific ACT of 22
  mt for the commercial sector and 22 mt for the recreational sector.
\c\ Consistent with regulations at Sec.   660.55(i)(2), the commercial harvest guideline for Pacific whiting is allocated as follows: 34 percent for the
  C/P Coop Program; 24 percent for the MS Coop Program; and 42 percent for the Shorebased IFQ Program. No more than 5 percent of the Shorebased IFQ
  Program allocation may be taken and retained south of 42[deg] N lat. before the start of the primary Pacific whiting season north of 42[deg] N lat.


                                                      Table 1c. to Part 660, Subpart C--Sablefish North of 36[deg] N Lat. Allocations, 2023
                                                                                     [Weight in metric tons]
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                               Set-asides                                                         Limited entry HG           Open access HG
                         Year                               ACL     ------------------------------- Recreational       EFP       Commercial  ---------------------------------------------------
                                                                      Tribal \a\       Research       estimate                       HG         Percent         mt        Percent       mt \b\
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
2023.................................................        8,486           849             30.7             6             1         7,600         90.6        6,885          9.4          714
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
                         Year                             LE all                      Limited entry trawl \c\
                                                                             Limited entry fixed gear \d\
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                       All trawl    At-sea whiting        Shorebased IFQ           All FG              Primary
                                                                   DTL
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
2023.................................................        6,885         3,994              100             3,893.5                 2,892             2,458
                                                                   434
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
\a\ The tribal allocation is further reduced by 1.7 percent for discard mortality resulting in 834.6 mt in 2023.

[[Page 62707]]

 
\b\ The open access HG is taken by the incidental OA fishery and the directed OA fishery.
\c\ The trawl allocation is 58 percent of the limited entry HG.
\d\ The limited entry fixed gear allocation is 42 percent of the limited entry HG.

0
11. Revise Tables 2a through 2c to Part 660, Subpart C, to read as 
follows:

  Table 2a. to Part 660, Subpart C--2024, and Beyond, Specifications of OFL, ABC, ACL, ACT and Fishery Harvest
                                                   Guidelines
                          [Weights in metric tons. Capitalized stocks are overfished.]
----------------------------------------------------------------------------------------------------------------
            Stocks                    Area              OFL             ABC           ACL \a\     Fishery HG \b\
----------------------------------------------------------------------------------------------------------------
YELLOWEYE ROCKFISH \c\........  Coastwide.......             123             103              66            55.3
Arrowtooth Flounder \d\.......  Coastwide.......          20,459          14,178          14,178          12,083
Big Skate \e\.................  Coastwide.......           1,492           1,267           1,267         1,207.2
Black Rockfish \f\............  California (S of             364             329             329           326.6
                                 42[deg] N lat.).
Black Rockfish \g\............  Washington (N of             319             289             289           270.5
                                 46[deg]16' N
                                 lat.).
Bocaccio \h\..................  S of 40[deg]10'            2,002           1,828           1,828         1,779.9
                                 N lat..
Cabezon \i\...................  California (S of             185             171             171           169.4
                                 42[deg] N lat.).
California Scorpionfish \j\...  S of 34[deg]27'              280             252             252             248
                                 N lat..
Canary Rockfish \k\...........  Coastwide.......           1,401           1,267           1,267         1,198.1
Chilipepper \l\...............  S of 40[deg]10'            2,346           2,121           2,121         2,023.4
                                 N lat..
Cowcod \m\....................  S of 40[deg]10'              112              79              79            67.8
                                 N lat..
    Cowcod....................  (Conception)....              93              67              NA              NA
    Cowcod....................  (Monterey)......              19              12              NA              NA
Darkblotched Rockfish \n\.....  Coastwide.......             822             750             750           726.2
Dover Sole \o\................  Coastwide.......          55,859          51,949          50,000        48,402.9
English Sole \p\..............  Coastwide.......          11,158           8,960           8,960         8,700.5
Lingcod \q\...................  N of 40[deg]10'            4,455           3,854           3,854         3,574.4
                                 N lat.
Lingcod \r\...................  S of 40[deg]10'              855             740             722           706.5
                                 N lat.
Longnose Skate \s\............  Coastwide.......           1,955           1,660           1,660         1,408.7
Longspine Thornyhead \t\......  N of 34[deg]27'            4,433           2,846           2,162         2,108.3
                                 N lat.
Longspine Thornyhead \u\......  S of 34[deg]27'                                              683           680.8
                                 N lat.
Pacific Cod \v\...............  Coastwide.......           3,200           1,926           1,600           1,094
Pacific Ocean Perch \w\.......  N of 40[deg]10'            4,133           3,443           3,443         3,297.5
                                 N lat.
Pacific Whiting \x\...........  Coastwide.......           (\x\)           (\x\)           (\x\)           (\x\)
Petrale Sole \y\..............  Coastwide.......           3,563           3,285           3,285         2,898.8
Sablefish \z\.................  N of 36[deg] N            10,670           9,923           7,780    See Table 2c
                                 lat.
Sablefish \aa\................  S of 36[deg] N                                             2,143         2,115.6
                                 lat.
Shortspine Thornyhead \bb\....  N of 34[deg]27'            3,162           2,030           1,328         1,249.7
                                 N lat.
Shortspine Thornyhead \cc\....  S of 34[deg]27'                                              702           695.3
                                 N lat.
Spiny Dogfish \dd\............  Coastwide.......           1,883           1,407           1,407         1,055.5
Splitnose \ee\................  S of 40[deg]10'            1,766           1,553           1,553         1,534.3
                                 N lat.
Starry Flounder \ff\..........  Coastwide.......             652             392             392           343.7
Widow Rockfish \gg\...........  Coastwide.......          12,453          11,482          11,482        11,243.7
Yellowtail Rockfish \hh\......  N of 40[deg]10'            6,090           5,560           5,560         4,532.5
                                 N lat.
----------------------------------------------------------------------------------------------------------------
                                                 Stock Complexes
----------------------------------------------------------------------------------------------------------------
Blue/Deacon/Black Rockfish      Oregon..........             671             594             594           592.2
 \ii\.
Cabezon/Kelp Greenling \jj\...  Washington......              22              17              17              15
Cabezon/Kelp Greenling \kk\...  Oregon..........             198             180             180           179.2
Nearshore Rockfish North \ll\.  N of 40[deg]10'              109              91              91            87.7
                                 N lat.
Nearshore Rockfish South \mm\.  S of 40[deg]10'            1,097             902             891           886.5
                                 N lat.
Other Fish \nn\...............  Coastwide.......             286             223             223           201.8
Other Flatfish \oo\...........  Coastwide.......           7,946           4,874           4,874         4,653.2
Shelf Rockfish North \pp\.....  N of 40[deg]10'            1,610           1,278           1,278           1,207
                                 N lat.
Shelf Rockfish South \qq\.....  S of 40[deg]10'            1,838           1,469           1,469         1,336.2
                                 N lat.
Slope Rockfish North \rr\.....  N of 40[deg]10'            1,797           1,516           1,516         1,450.6
                                 N lat.
Slope Rockfish South \ss\.....  S of 40[deg]10'              868             697             697           658.1
                                 N lat.
----------------------------------------------------------------------------------------------------------------
\a\ Annual catch limits (ACLs), annual catch targets (ACTs) and harvest guidelines (HGs) are specified as total
  catch values.
\b\ Fishery HGs means the HG or quota after subtracting Pacific Coast treaty Indian tribes allocations and
  projected catch, projected research catch, deductions for fishing mortality in non-groundfish fisheries, and
  deductions for EFPs from the ACL or ACT.
\c\ Yelloweye rockfish. The 66 mt ACL is based on the current rebuilding plan with a target year to rebuild of
  2029 and an SPR harvest rate of 65 percent. 10.7 mt is deducted from the ACL to accommodate the Tribal fishery
  (5 mt), EFP fishing (0.12 mt), research catch (2.92 mt), and incidental open access mortality (2.66 mt)
  resulting in a fishery HG of 55.3 mt. The non-trawl HG is 50.9 mt. The combined non-nearshore/nearshore HG is
  10.7 mt. Recreational HGs are: 13.2 mt (Washington); 11.7 mt (Oregon); and 15.3 mt (California). In addition,
  the non-trawl ACT is 39.9, and the combined non-nearshore/nearshore ACT is 8.4 mt. Recreational ACTs are: 10.4
  mt (Washington), 9.2 (Oregon), and 12.0 mt (California).
\d\ Arrowtooth flounder. 2,094.98 mt is deducted from the ACL to accommodate the Tribal fishery (2,041 mt),
  research catch (12.98 mt) and incidental open access mortality (41 mt), resulting in a fishery HG of 12,083
  mt.
\e\ Big skate. 59.8 mt is deducted from the ACL to accommodate the Tribal fishery (15 mt), research catch (5.49
  mt), and incidental open access mortality (39.31 mt), resulting in a fishery HG of 1,207.2 mt.
\f\ Black rockfish (California). 2.26 mt is deducted from the ACL to accommodate EFP fishing (1.0 mt), research
  catch (0.08 mt), and incidental open access mortality (1.18 mt), resulting in a fishery HG of 326.6 mt.

[[Page 62708]]

 
\g\ Black rockfish (Washington). 18.1 mt is deducted from the ACL to accommodate the Tribal fishery (18 mt) and
  research catch (0.1 mt), resulting in a fishery HG of 270.5 mt.
\h\ Bocaccio south of 40[deg]10' N lat. Bocaccio are managed with stock-specific harvest specifications south of
  40[deg]10' N lat. and within the Minor Shelf Rockfish complex north of 40[deg]10' N lat. 48.12 mt is deducted
  from the ACL to accommodate EFP fishing (40 mt), research catch (5.6 mt), and incidental open access mortality
  (2.52 mt), resulting in a fishery HG of 1,779.9 mt. The California recreational fishery south of 40[deg]10' N
  lat. has an HG of 749.7 mt.
\i\ Cabezon (California). 1.63 mt is deducted from the ACL to accommodate EFP fishing (1 mt), research catch
  (0.02 mt), and incidental open access mortality (0.61 mt), resulting in a fishery HG of 169.4 mt.
\j\ California scorpionfish south of 34[deg]27' N lat. 3.89 mt is deducted from the ACL to accommodate research
  catch (0.18 mt) and incidental open access mortality (3.71 mt), resulting in a fishery HG of 248 mt.
\k\ Canary rockfish. 68.91 mt is deducted from the ACL to accommodate the Tribal fishery (50 mt), EFP fishing (6
  mt), research catch (10.08 mt), and incidental open access mortality (2.83 mt), resulting in a fishery HG of
  1,198.1 mt. The combined nearshore/non-nearshore HG is 119.4 mt. Recreational HGs are: 40.8 mt (Washington);
  61.4 mt (Oregon); and 110.2 mt (California).
\l\ Chilipepper rockfish south of 40[deg]10' N lat. Chilipepper are managed with stock-specific harvest
  specifications south of 40[deg]10' N lat. and within the Minor Shelf Rockfish complex north of 40[deg]10' N
  lat. 97.7 mt is deducted from the ACL to accommodate EFP fishing (70 mt), research catch (14.04 mt),
  incidental open access mortality (13.66 mt), resulting in a fishery HG of 2,023.4 mt.
\m\ Cowcod south of 40[deg]10' N lat. Cowcod are managed with stock-specific harvest specifications south of
  40[deg]10' N lat. and within the Minor Shelf Rockfish complex north of 40[deg]10' N lat. 11.17 mt is deducted
  from the ACL to accommodate EFP fishing (1 mt), research catch (10 mt), and incidental open access mortality
  (0.17 mt), resulting in a fishery HG of 67.8 mt.
\n\ Darkblotched rockfish. 23.76 mt is deducted from the ACL to accommodate the Tribal fishery (5 mt), EFP
  fishing (0.5 mt), research catch (8.46 mt), and incidental open access mortality (9.8 mt) resulting in a
  fishery HG of 726.2 mt.
\o\ Dover sole. 1,597.11 mt is deducted from the ACL to accommodate the Tribal fishery (1,497 mt), research
  catch (50.84 mt), and incidental open access mortality (49.27 mt), resulting in a fishery HG of 48,402.9 mt.
\p\ English sole. 259.52 mt is deducted from the ACL to accommodate the Tribal fishery (200 mt), research catch
  (17 mt), and incidental open access mortality (42.52 mt), resulting in a fishery HG of 8,700.5 mt.
\q\ Lingcod north of 40[deg]10' N lat. 279.63 mt is deducted from the ACL for the Tribal fishery (250 mt),
  research catch (17.71 mt), and incidental open access mortality (11.92 mt) resulting in a fishery HG of
  3,574.4 mt.
\r\ Lingcod south of 40[deg]10' N lat. 15.5 mt is deducted from the ACL to accommodate EFP fishing (4 mt),
  research catch (3.19 mt), and incidental open access mortality (8.31 mt), resulting in a fishery HG of 706.5
  mt.
\s\ Longnose skate. 251.3 mt is deducted from the ACL to accommodate the Tribal fishery (220 mt), and research
  catch (12.46 mt), and incidental open access mortality (18.84 mt), resulting in a fishery HG of 1,408.7 mt.
\t\ Longspine thornyhead north of 34[deg]27' N lat. 53.71 mt is deducted from the ACL to accommodate the Tribal
  fishery (30 mt), research catch (17.49 mt), and incidental open access mortality (6.22 mt), resulting in a
  fishery HG of 2,108.3 mt.
\u\ Longspine thornyhead south of 34[deg]27' N lat. 2.24 mt is deducted from the ACL to accommodate research
  catch (1.41 mt) and incidental open access mortality (0.83 mt), resulting in a fishery HG of 680.8 mt.
\v\ Pacific cod. 506 mt is deducted from the ACL to accommodate the Tribal fishery (500 mt), research catch
  (5.47 mt), and incidental open access mortality (0.53 mt), resulting in a fishery HG of 1,094 mt.
\w\ Pacific ocean perch north of 40[deg]10' N lat. Pacific ocean perch are managed with stock-specific harvest
  specifications north of 40[deg]10' N lat. and within the Minor Slope Rockfish complex south of 40[deg]10' N
  lat. 145.48 mt is deducted from the ACL to accommodate the Tribal fishery (130 mt), EFP fishing, research
  catch (5.39 mt), and incidental open access mortality (10.09 mt), resulting in a fishery HG of 3,297.5 mt.
\x\ Pacific whiting. Pacific whiting are assessed annually. The final specifications will be determined
  consistent with the U.S.-Canada Pacific Whiting Agreement and will be announced after the Council's April 2023
  meeting.
\y\ Petrale sole. 386.24 mt is deducted from the ACL to accommodate the Tribal fishery (350 mt), EFP fishing (1
  mt), research catch (24.14 mt), and incidental open access mortality (11.1 mt), resulting in a fishery HG of
  2,898.8 mt.
\z\ Sablefish north of 36[deg] N lat. The sablefish coastwide ACL value is not specified in regulations. The
  sablefish coastwide ACL value is apportioned north and south of 36[deg] N lat., using the rolling 5-year
  average estimated swept area biomass from the NMFS NWFSC trawl survey, with 78.4 percent apportioned north of
  36[deg] N lat. and 21.6 percent apportioned south of 36[deg] N lat. The northern ACL is 7,780 mt and is
  reduced by 778 mt for the Tribal allocation (10 percent of the ACL north of 36[deg] N lat.). The 778 mt Tribal
  allocation is reduced by 1.7 percent to account for discard mortality. Detailed sablefish allocations are
  shown in Table 1c.
\aa\ Sablefish south of 36[deg] N lat. The ACL for the area south of 36[deg] N lat. is 2,143 mt (21.6 percent of
  the calculated coastwide ACL value). 27.4 mt is deducted from the ACL to accommodate research catch (2.40 mt)
  and the incidental open access fishery (25 mt), resulting in a fishery HG of 2,115.6 mt.
\bb\ Shortspine thornyhead north of 34[deg]27' N lat. 78.3 mt is deducted from the ACL to accommodate the Tribal
  fishery (50 mt), research catch (10.48 mt), and incidental open access mortality (17.82 mt), resulting in a
  fishery HG of 1,249.7 mt for the area north of 34[deg]27' N lat.
\cc\ Shortspine thornyhead south of 34[deg]27' N lat. 6.71 mt is deducted from the ACL to accommodate research
  catch (0.71 mt) and incidental open access mortality (6 mt), resulting in a fishery HG of 695.3 mt for the
  area south of 34[deg]27' N lat.
\dd\ Spiny dogfish. 351.48 mt is deducted from the ACL to accommodate the Tribal fishery (275 mt), EFP fishing
  (1 mt), research catch (41.85 mt), and incidental open access mortality (33.63 mt), resulting in a fishery HG
  of 1,055.5 mt.
\ee\ Splitnose rockfish south of 40[deg]10' N lat. Splitnose rockfish in the north is managed in the Slope
  Rockfish complex and with stock-specific harvest specifications south of 40[deg]10' N lat. 18.42 mt is
  deducted from the ACL to accommodate EFP fishing (1.5 mt), research catch (11.17 mt), and incidental open
  access mortality (5.75 mt), resulting in a fishery HG of 1,534.3 mt.
\ff\ Starry flounder. 48.28 mt is deducted from the ACL to accommodate the Tribal fishery (2 mt), research catch
  (0.57 mt), and incidental open access mortality (45.71 mt), resulting in a fishery HG of 343.7 mt.
\gg\ Widow rockfish. 238.32 mt is deducted from the ACL to accommodate the Tribal fishery (200 mt), EFP fishing
  (18 mt), research catch (17.27 mt), and incidental open access mortality (3.05 mt), resulting in a fishery HG
  of 11,243.7 mt.
\hh\ Yellowtail rockfish north of 40[deg]10' N lat. Yellowtail rockfish are managed with stock-specific harvest
  specifications north of 40[deg]10' N lat. and within the Minor Shelf Rockfish complex south of 40[deg]10' N
  lat. 1,027.55 mt is deducted from the ACL to accommodate the Tribal fishery (1,000 mt), research catch (20.55
  mt), and incidental open access mortality (7 mt), resulting in a fishery HG of 4,532.5 mt.
\ii\ Black rockfish/Blue rockfish/Deacon rockfish (Oregon). 1.82 mt is deducted from the ACL to accommodate
  research catch (0.08 mt), and incidental open access mortality (1.74 mt), resulting in a fishery HG of 592.2
  mt.
\jj\ Cabezon/kelp greenling (Washington). 2 mt is deducted from the ACL to accommodate the Tribal fishery,
  resulting in a fishery HG is 15 mt.
\kk\ Cabezon/kelp greenling (Oregon). 0.79 mt is deducted from the ACL to accommodate research catch (0.05 mt)
  and incidental open access mortality (0.74 mt), resulting in a fishery HG of 179.2 mt.
\ll\ Nearshore Rockfish north of 40[deg]10' N lat. 3.27 mt is deducted from the ACL to accommodate the Tribal
  fishery (1.5 mt), research catch (0.47 mt), and incidental open access mortality (1.31 mt), resulting in a
  fishery HG of 87.7 mt. State-specific HGs are 17.2 mt (Washington), 30.9 mt (Oregon), and 39.9 mt
  (California). The ACT for copper rockfish (California) is 6.99 mt. The ACT for quillback rockfish (California)
  is 0.96 mt.
\mm\ Nearshore Rockfish south of 40[deg]10' N lat. 4.54 mt is deducted from the ACL to accommodate research
  catch (2.68 mt) and incidental open access mortality (1.86 mt), resulting in a fishery HG of 886.5 mt. The ACT
  for copper rockfish is 87.73 mt. The ACT for quillback rockfish is 0.97 mt.
\nn\ Other Fish. The Other Fish complex is comprised of kelp greenling off California and leopard shark
  coastwide. 21.24 mt is deducted from the ACL to accommodate research catch (6.29 mt) and incidental open
  access mortality (14.95 mt), resulting in a fishery HG of 201.8 mt.
\oo\ Other Flatfish. The Other Flatfish complex is comprised of flatfish species managed in the PCGFMP that are
  not managed with stock-specific OFLs/ABCs/ACLs. Most of the species in the Other Flatfish complex are
  unassessed and include: butter sole, curlfin sole, flathead sole, Pacific sanddab, rock sole, sand sole, and
  rex sole. 220.79 mt is deducted from the ACL to accommodate the Tribal fishery (60 mt), research catch (23.63
  mt), and incidental open access mortality (137.16 mt), resulting in a fishery HG of 4,653.2 mt.

[[Page 62709]]

 
\pp\ Shelf Rockfish north of 40[deg]10' N lat. 70.94 mt is deducted from the ACL to accommodate the Tribal
  fishery (30 mt), research catch (15.32 mt), and incidental open access mortality (25.62 mt), resulting in a
  fishery HG of 1,207.1 mt.
\qq\ Shelf Rockfish south of 40[deg]10' N lat. 132.77 mt is deducted from the ACL to accommodate EFP fishing (50
  mt), research catch (15.1 mt), and incidental open access mortality (67.67 mt) resulting in a fishery HG of
  1,336.2 mt.
\rr\r Slope Rockfish north of 40[deg]10' N lat. 65.39 mt is deducted from the ACL to accommodate the Tribal
  fishery (36 mt), research catch (10.51 mt), and incidental open access mortality (18.88 mt), resulting in a
  fishery HG of 1,450.6 mt.
\ss\ Slope Rockfish south of 40[deg]10' N lat. 38.94 mt is deducted from the ACL to accommodate EFP fishing (1
  mt), research catch (18.21 mt), and incidental open access mortality (19.73 mt), resulting in a fishery HG of
  658.1 mt. Blackgill rockfish has a stock-specific HG for the entire groundfish fishery south of 40[deg]10' N
  lat. set equal to the species' contribution to the 40-10-adjusted ACL. Harvest of blackgill rockfish in all
  groundfish fisheries south of 40[deg]10' N lat. counts against this HG of 169.9 mt.


                               Table 2b. to Part 660, Subpart C--2024, and Beyond, Allocations by Species or Species Group
                                                                 [Weight in metric tons]
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                                       Trawl                         Non-trawl
          Stocks/stock complexes                        Area              Fishery HG  or ---------------------------------------------------------------
                                                                                ACT              %              Mt               %              Mt
--------------------------------------------------------------------------------------------------------------------------------------------------------
YELLOWEYE ROCKFISH \a\....................  Coastwide...................            55.3               8             4.4              92            50.9
Arrowtooth flounder.......................  Coastwide...................          12,083              95        11,478.9               5           604.2
Big skate \a\.............................  Coastwide...................         1,207.2              95         1,146.8               5            60.4
Bocaccio \a\..............................  S of 40[deg]10' N lat.......         1,779.9           39.04           694.9           60.96           1,085
Canary rockfish \a\.......................  Coastwide...................         1,198.1            72.3           866.2            27.7           331.9
Chilipepper rockfish......................  S of 40[deg]10' N lat.......         2,023.4              75         1,517.6              25           505.9
Cowcod \a\ \b\............................  S of 40[deg]10' N lat.......            67.8              36            24.4              64            43.4
Darkblotched rockfish.....................  Coastwide...................           726.2              95           689.9               5            36.3
Dover sole................................  Coastwide...................        4,8402.9              95        45,982.7               5         2,420.1
English sole..............................  Coastwide...................         8,700.5              95          8265.5               5             435
Lingcod...................................  N of 40[deg]10' N lat.......         3,574.4              45         1,608.5              55         1,965.9
Lingcod \a\...............................  S of 40[deg]10' N lat.......           706.5              40           282.6              60           423.9
Longnose skate \a\........................  Coastwide...................         1,408.7              90         1,267.8              10           140.9
Longspine thornyhead......................  N of 34[deg]27' N lat.......         2,108.3              95         2,002.9               5           105.4
Pacific cod...............................  Coastwide...................           1,094              95         1,039.3               5            54.7
Pacific ocean perch.......................  N of 40[deg]10' N lat.......         3,297.5              95         3,132.6               5           164.9
Pacific whiting \c\.......................  Coastwide...................             TBD             100             TBD               0               0
Petrale sole \a\..........................  Coastwide...................          2898.8  ..............         2,868.8  ..............              30
                                                                                         ---------------------------------------------------------------
Sablefish.................................  N of 36[deg] N lat..........              NA                           See Table 2c
                                                                                         ---------------------------------------------------------------
Sablefish.................................  S of 36[deg] N lat..........         2,115.6              42           888.6              58           1,227
Shortspine thornyhead.....................  N of 34[deg]27' N lat.......         1,249.7              95         1,187.2               5            62.5
Shortspine thornyhead.....................  S of 34[deg]27' N lat.......           695.3  ..............              50  ..............           645.3
Splitnose rockfish........................  S of 40[deg]10' N lat.......         1,534.3              95         1,457.6               5            76.7
Starry flounder...........................  Coastwide...................           343.7              50           171.9              50           171.9
Widow rockfish \a\........................  Coastwide...................        11,243.7  ..............        10,843.7  ..............             400
Yellowtail rockfish.......................  N of 40[deg]10' N lat.......         4,532.5              88         3,988.6              12           543.9
Other Flatfish............................  Coastwide...................         4,653.2              90         4,187.9              10           465.3
Shelf Rockfish \a\........................  N of 40[deg]10' N lat.......         1,207.1            60.2           726.7            39.8           480.4
Shelf Rockfish \a\........................  S of 40[deg]10' N lat.......         1,336.2            12.2             163            87.8         1,173.2
Slope Rockfish............................  N of 40[deg]10' N lat.......         1,450.6              81           1,175              19           275.6
Slope Rockfish \a\........................  S of 40[deg]10' N lat.......           658.1              63           414.6              37           243.5
--------------------------------------------------------------------------------------------------------------------------------------------------------
\a\ Allocations decided through the biennial specification process.
\b\ The cowcod non-trawl allocation is further split 50:50 between the commercial and recreational sectors. This results in a sector-specific ACT of
  21.7 mt for the commercial sector and 21.7 mt for the recreational sector.
\c\ Consistent with regulations at Sec.   660.55(i)(2), the commercial harvest guideline for Pacific whiting is allocated as follows: 34 percent for the
  C/P Coop Program; 24 percent for the MS Coop Program; and 42 percent for the Shorebased IFQ Program. No more than 5 percent of the Shorebased IFQ
  Program allocation may be taken and retained south of 42[deg] N lat. before the start of the primary Pacific whiting season north of 42[deg] N lat.


                                                Table 2c. to Part 660, Subpart C--Sablefish North of 36[deg] N Lat. Allocations, 2024 and Beyond
                                                                                    [Weights in metric tons]
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                               Set-asides                                                         Limited entry HG           Open access HG
                         Year                               ACL     ------------------------------- Recreational       EFP       Commercial  ---------------------------------------------------
                                                                      Tribal \a\       Research       estimate                       HG         Percent         mt        Percent       mt \b\
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
2024.................................................        7,780           778             30.7             6             1         6,964         90.6        6,309          9.4          665
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
                         Year                             LE All                      Limited Entry Trawl \c\
                                                                             Limited Entry Fixed Gear \d\
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                       All Trawl    At-sea whiting        Shorebased IFQ           All FG              Primary
                                                                   DTL
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
2024.................................................        6,309         3,659              100              3,559                  2,650             2,252
                                                                   397
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
\a\ The tribal allocation is further reduced by 1.7 percent for discard mortality resulting in 764.8 mt in 2024.
\b\ The open access HG is taken by the incidental OA fishery and the directed OA fishery.
\c\ The trawl allocation is 58 percent of the limited entry HG.
\d\ The limited entry fixed gear allocation is 42 percent of the limited entry HG.

* * * * *
0
12. In Sec.  660.111, revise the definition of ``Block area closures or 
BACs'' to read as follows:


Sec.  660.111  Trawl fishery--definitions.

* * * * *
    Block area closures or BACs are a type of groundfish conservation 
area, defined at Sec.  660.11, bounded on the north and south by 
commonly used geographic coordinates, defined at Sec.  660.11, and on 
the east and west by the EEZ, and

[[Page 62710]]

boundary lines approximating depth contours, defined with latitude and 
longitude coordinates at Sec. Sec.  660.71 through 660.74 (10 fm 
through 250 fm), and Sec.  660.76 (700 fm). BACs may be implemented or 
modified as routine management measures, per regulations at Sec.  
660.60(c). BACs may be implemented in the EEZ seaward of Washington, 
Oregon and California for vessels using limited entry bottom trawl and/
or midwater trawl gear. BACs may be implemented within tribal Usual and 
Accustomed fishing areas but may only apply to non-tribal vessels. BACs 
may close areas to specific trawl gear types (e.g., closed for midwater 
trawl, bottom trawl, or bottom trawl unless using selective flatfish 
trawl) and/or specific programs within the trawl fishery (e.g., Pacific 
whiting fishery or MS Coop Program). BACs may vary in their geographic 
boundaries and duration. Their geographic boundaries, applicable gear 
type(s) and/or specific trawl fishery program, and effective dates will 
be announced in the Federal Register. BACs may have a specific 
termination date as described in the Federal Register, or may be in 
effect until modified. BACs that are in effect until modified by 
Council recommendation and subsequent NMFS action are set out in Tables 
1 (North) and 1 (South) of this subpart.
* * * * *
0
13. In Sec.  660.140, revise paragraphs (c)(3)(iii) and (iv), and Table 
1 to paragraph (d)(1)(ii)(D) to read as follows:


Sec.  660.140   Shorebased IFQ Program.

* * * * *
    (c) * * *
    (3) * * *
    (iii) For IFQ species listed in the trawl/non-trawl allocation 
table, specified at Sec.  660.55(c), subpart C, allocations are 
determined by applying the trawl column percent to the fishery harvest 
guideline minus any set-asides for the mothership and C/P sectors for 
that species.
    (iv) The remaining IFQ species (canary rockfish, bocaccio, cowcod, 
yelloweye rockfish, darkblotched rockfish, POP, widow rockfish, minor 
shelf rockfish N of 40[deg]10' N lat., and minor shelf rockfish S of 
40[deg]10' N lat., and minor slope rockfish S of 40[deg]10' N lat.) are 
allocated through the biennial specifications and management measures 
process minus any set-asides for the mothership and C/P sectors for 
that species.
* * * * *
    (d) * * *
    (1) * * *
    (ii) * * *
    (D) * * *

               Table 1 to Paragraph (d)(1)(ii)(D)--Shorebased Trawl Allocations for 2023 and 2024
----------------------------------------------------------------------------------------------------------------
                                                                             2023 Shorebased    2024 Shorebased
                IFQ species                               Area               trawl allocation   trawl allocation
                                                                                   (mt)               (mt)
----------------------------------------------------------------------------------------------------------------
YELLOWEYE ROCKFISH.........................  Coastwide....................               4.42               4.42
Arrowtooth flounder........................  Coastwide....................          15,640.17          11,408.87
Bocaccio...................................  South of 40[deg]10' N lat....             700.33             694.87
Canary rockfish............................  Coastwide....................             842.50             830.22
Chilipepper................................  South of 40[deg]10' N lat....           1,563.80            1517.60
Cowcod.....................................  South of 40[deg]10' N lat....              24.80              24.42
Darkblotched rockfish......................  Coastwide....................             646.78             613.53
Dover sole.................................  Coastwide....................          45,972.75          45,972.75
English sole...............................  Coastwide....................           8,320.56           8,265.46
Lingcod....................................  North of 40[deg]10' N lat....           1,829.27           1,593.47
Lingcod....................................  South of 40[deg]10' N lat....             284.20             282.60
Longspine thornyhead.......................  North of 34[deg]27' N lat....           2,129.23           2,002.88
Pacific cod................................  Coastwide....................           1,039.30           1,039.30
Pacific halibut (IBQ) \a\..................  North of 40[deg]10' N lat....                TBD                TBD
Pacific ocean perch........................  North of 40[deg]10' N lat....           2,956.14           2,832.64
Pacific whiting \a\........................  Coastwide....................                TBD                TBD
Petrale sole...............................  Coastwide....................           3,063.76           2,863.76
Sablefish..................................  North of 36[deg] N lat.......           3,893.50           3,559.38
Sablefish..................................  South of 36[deg] N lat.......             970.00             889.00
Shortspine thornyhead......................  North of 34[deg]27' N lat....           1,146.67           1,117.22
Shortspine thornyhead......................  South of 34[deg]27' N lat....                 50                 50
Splitnose rockfish.........................  South of 40[deg]10' N lat....           1,494.70           1,457.60
Starry flounder............................  Coastwide....................             171.86             171.86
Widow rockfish.............................  Coastwide....................          11,509.68          10,367.68
Yellowtail rockfish........................  North of 40[deg]10' N lat....           3,761.84           3,668.56
Other Flatfish complex.....................  Coastwide....................           4,142.09           4,152.89
Shelf Rockfish complex.....................  North of 40[deg]10' N lat....             694.70             691.65
Shelf Rockfish complex.....................  South of 40[deg]10' N lat....             163.02             163.02
Slope Rockfish complex.....................  North of 40[deg]10' N lat....             894.43             874.99
Slope Rockfish complex.....................  South of 40[deg]10' N lat....              417.1             414.58
----------------------------------------------------------------------------------------------------------------
\a\ Managed through an international process. These allocation will be updated when announced.

* * * * *
0
14. In Sec.  660.150, revise paragraph (c)(1) to read as follows:


Sec.  660.150  Mothership (MS) Coop Program.

* * * * *
    (c) * * *--(1) MS Coop Program species. All species other than 
Pacific whiting are managed with set-asides for the MS and C/P Coop 
Programs, as described in the biennial specifications.
* * * * *
0
15. In Sec.  660.160, revise paragraph (c)(1)(ii) to read as follows:


Sec.  660.160  Catcher/processor (C/P) Coop Program.

* * * * *
    (c) * * *
    (1) * * *

[[Page 62711]]

    (ii) Species with set-asides for the MS and C/P Programs, as 
described in the biennial specifications.
* * * * *
0
16. In Sec.  660.213, revise paragraph (d)(2) to read as follows:


Sec.  660.213  Fixed gear fishery--recordkeeping and reporting.

* * * * *
    (d) * * *
    (2) For participants in the sablefish primary season, the 
cumulative limit period to which this requirement applies is April 1 
through December 31 or, for an individual vessel owner, when the tier 
limit for the permit(s) registered to the vessel has been reached, 
whichever is earlier.
* * * * *
0
17. In Sec.  660.230, revise (c)(2)(i) through (iii) and add paragraph 
(d)(11)(v) to read as follows:


Sec.  660.230   Fixed gear fishery--management measures.

* * * * *
    (c) * * *
    (2) * * *
    (i) Coastwide--arrowtooth flounder, big skate, black rockfish, 
blue/deacon rockfish, canary rockfish, darkblotched rockfish, Dover 
sole, English sole, lingcod, longnose skate, longspine thornyhead, 
petrale sole, minor nearshore rockfish, minor shelf rockfish, minor 
slope rockfish, other fish, other flatfish, Pacific cod, Pacific 
whiting, rougheye/blackspotted rockfish, sablefish, shortbelly 
rockfish, shortraker rockfish, shortspine thornyhead, spiny dogfish, 
starry flounder, widow rockfish, and yelloweye rockfish;
    (ii) North of 40[deg]10' N lat.--cabezon (California), copper 
rockfish (California), Oregon cabezon/kelp greenling complex, POP, 
quillback rockfish (California), Washington cabezon/kelp greenling 
complex, yellowtail rockfish; and
    (iii) South of 40[deg]10' N lat.--blackgill rockfish, bocaccio, 
bronzespotted rockfish, cabezon, California scorpionfish, chilipepper 
rockfish, copper rockfish, cowcod, minor shallow nearshore rockfish, 
minor deeper nearshore rockfish, Pacific sanddabs, quillback rockfish, 
splitnose rockfish, and vermilion rockfish.
    (d) * * *
    (11) * * *
    (v) It is lawful to fish within the non-trawl RCA seaward of Oregon 
and California (between 46[deg]16' N lat. and the U.S./Mexico border) 
with open access non-bottom contact hook-and-line gear configurations 
as specified at Sec.  660.330(b)(3)(i-ii), subject to applicable 
crossover provisions at Sec.  660.60(h)(7), and provided that a valid 
declaration report as required at Sec.  660.13(d) has been filed with 
NMFS OLE.
* * * * *
0
18. In Sec.  660.231, revise paragraphs (b)(1), (b)(3)(i), and 
(b)(3)(iv) to read as follows:


Sec.  660.231  Limited entry fixed gear sablefish primary fishery.

* * * * *
    (b) * * *--(1) Season dates. North of 36[deg] N lat., the sablefish 
primary season for the limited entry, fixed gear, sablefish-endorsed 
vessels begins at 12 noon local time on April 1 and closes at 12 noon 
local time on December 31, or closes 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, unless otherwise 
announced by the Regional Administrator through the routine management 
measures process described at Sec.  660.60(c).
* * * * *
    (3) * * *
    (i) A vessel participating in the primary season will be 
constrained by the sablefish cumulative limit associated with each of 
the permits registered for use with that vessel. During the primary 
season, each vessel authorized to fish in that season under paragraph 
(a) of this section may take, retain, possess, and land sablefish, up 
to the cumulative limits for each of the permits registered for use 
with that vessel (i.e., stacked permits). If multiple limited entry 
permits with sablefish endorsements are registered for use with a 
single vessel, that vessel may land up to the total of all cumulative 
limits announced in this paragraph for the tiers for those permits, 
except as limited by paragraph (b)(3)(ii) of this section. Up to 3 
permits may be registered for use with a single vessel during the 
primary season; thus, a single vessel may not take and retain, possess 
or land more than 3 primary season sablefish cumulative limits in any 
one year. A vessel registered for use with multiple limited entry 
permits is subject to per vessel limits for species other than 
sablefish, and to per vessel limits when participating in the daily 
trip limit fishery for sablefish under Sec.  660.232. In 2023, the 
following annual limits are in effect: Tier 1 at 72,904 lb (33,069 kg), 
Tier 2 at 33,138 lb (15,031 kg), and Tier 3 at 18,936 lb (8,589 kg). In 
2024 and beyond, the following annual limits are in effect: Tier 1 at 
66,805 lb (30,302 kg), Tier 2 at 30,366 lb (13,774 kg), and Tier 3 at 
17,352 lb (7,871 kg).
* * * * *
    (iv) Incidental Pacific halibut retention north of Pt. Chehalis, WA 
(46[deg]53.30' N lat.). From April 1 through the closure date set by 
the International Pacific Halibut Commission for Pacific halibut in all 
commercial fisheries, vessels authorized to participate in the 
sablefish primary fishery, licensed by the International Pacific 
Halibut Commission for commercial fishing in Area 2A (waters off 
Washington, Oregon, California), and fishing with longline gear north 
of Pt. Chehalis, WA (46[deg]53.30' N lat.) may possess and land up to 
150 lb (68 kg) dressed weight of Pacific halibut for every 1,000 lb 
(454 kg) dressed weight of sablefish landed, and up to two additional 
Pacific halibut in excess of the 150-lbs-per-1,000-pound limit per 
landing. NMFS publishes the International Pacific Halibut Commission's 
regulations setting forth annual management measures, including the 
closure date for Pacific halibut in all commercial fisheries, in the 
Federal Register by March 15 each year, 50 CFR 300.62. ``Dressed'' 
Pacific halibut in this area means halibut landed eviscerated with 
their heads on. Pacific halibut taken and retained in the sablefish 
primary fishery north of Pt. Chehalis may only be landed north of Pt. 
Chehalis and may not be possessed or landed south of Pt. Chehalis.
* * * * *
0
19. Revise Table 2 (North) to part 660, subpart E, to read as follows:

Non-Trawl Rockfish Conservation Areas and Trip Limits for Limited Entry 
Fixed Gear North of 40[deg]10' N Lat.

BILLING CODE 3510-22-P

[[Page 62712]]

[GRAPHIC] [TIFF OMITTED] TP14OC22.000

* * * * *

[[Page 62713]]

0
20. Review Table 2 (South) to part 660, subpart E, to read as follows:
[GRAPHIC] [TIFF OMITTED] TP14OC22.001

* * * * *
0
22. In Sec.  660.330, add paragraphs (b)(3) and (d)(12)(v), and revise 
paragraphs (c)(2)(i) through (iii) to read as follows:


Sec.  660.330  Open access fishery--management measures.

* * * * *
    (b) * * *
    (3) Non-trawl RCA gear. Inside the non-trawl RCA, only legal non-
bottom contact hook-and-line gear configurations may be used for target 
fishing for groundfish by vessels that participate in the directed open 
access sector as defined at Sec.  660.11. Legal non-bottom contact 
hook-and-line gear means stationary vertical jig gear attached to the 
vessel and not anchored to the bottom, and groundfish troll gear, 
subject to the specifications below.
    (i) Stationary vertical jig gear. The following requirements apply 
to stationary vertical jig gear:
    (A) Must be a minimum of 50 feet between the bottom weight and the 
lowest fishing hook;
    (B) No more than 4 vertical mainlines may be used in the water at 
one time with no more than 25 hooks on each mainline;
    (C) No more than 100 hooks may be in the water at one time, with no 
more than 25 extra hooks on board the vessel; and
    (D) Natural bait or weighted hooks may not be used nor be on board 
the vessel. Artificial lures and flies are permitted.
    (ii) Groundfish troll gear. The following requirements apply to 
groundfish troll gear:
    (A) Must be a minimum of 50 feet between the bottom weight and the 
troll

[[Page 62714]]

wire's connection to the horizontal mainline;
    (B) No more than 1 mainline may be used in the water at one time;
    (C) No more than 500 hooks may be in the water at one time, with no 
more than 25 extra hooks on board the vessel;
    (D) Hooks must be spaced apart by a visible maker (e.g., floats, 
line wraps, colored line splices), with no more than 25 hooks between 
each marker and no more than 20 markers on the mainline; and
    (E) Natural bait or weighted hooks may not be used nor be on board 
the vessel. Artificial lures and flies are permitted.
* * * * *
    (c) * * *
    (2) * * *
    (i) Coastwide--arrowtooth flounder, big skate, black rockfish, 
blue/deacon rockfish, canary rockfish, darkblotched rockfish, Dover 
sole, English sole, lingcod, longnose skate, longspine thornyhead, 
minor nearshore rockfish, minor shelf rockfish, minor slope rockfish, 
other fish, other flatfish, Pacific cod, Pacific sanddabs, Pacific 
whiting, petrale sole, shortbelly rockfish, shortraker rockfish, 
rougheye/blackspotted rockfish, sablefish, shortspine thornyhead, spiny 
dogfish, starry flounder, widow rockfish, and yelloweye rockfish;
    (ii) North of 40[deg]10' N lat.--cabezon (California), copper 
rockfish (California), Oregon cabezon/kelp greenling complex, POP, 
quillback rockfish (California), Washington cabezon/kelp greenling 
complex, yellowtail rockfish; and
    (iii) South of 40[deg]10' N lat.--blackgill rockfish, bocaccio, 
bronzespotted rockfish, cabezon, chilipepper rockfish, copper rockfish, 
cowcod, minor shallow nearshore rockfish, minor deeper nearshore 
rockfish, quillback rockfish, splitnose rockfish, and vermilion 
rockfish.
    (d) * * *
    (12) * * *
    (v) Target fishing for groundfish off Oregon and California 
(between 46[deg]16' N. lat. and the U.S./Mexico border) is allowed 
within the non-trawl RCA for vessels participating in the directed open 
access sector as defined at Sec.  660.11, subject to the gear 
restrictions at Sec.  660.330(b)(3)(i-ii), and provided a valid 
declaration report as required at Sec.  660.13(d) has been filed with 
NMFS OLE.
* * * * *
0
23. Revise Table 3 (North) to part 660, subpart F, to read as follows:

Table 3 (North) to Part 660, Subpart F--Non-Trawl Rockfish Conservation 
Areas and Trip Limits for Open Access Gears North of 40[deg]10' N Lat.

[[Page 62715]]

[GRAPHIC] [TIFF OMITTED] TP14OC22.002

* * * * *

[[Page 62716]]

0
24. Revise Table 3 (South) to part 660, subpart F, to read as follows:

Table 3 (South) to Part 660, Subpart F--Non-Trawl Rockfish Conservation 
Areas and Trip Limits for Open Access Gears South of 40[deg]10' N Lat.
[GRAPHIC] [TIFF OMITTED] TP14OC22.003


[[Page 62717]]


[GRAPHIC] [TIFF OMITTED] TP14OC22.004

* * * * *
0
25. Amend Sec.  660.360 by:
0
a. Adding paragraph (c)(3)(iv)(A) through (D);
0
b. Revising Table 1 to paragraph (c)(1)(i)(D), paragraphs (c)(1)(ii), 
(c)(2)(i)(B), (c)(2)(iii)(D), (c)(3) introductory text, (c)(3)(i)(A), 
(c)(3)(i)(B), (c)(3)(ii), (c)(3)(ii)(A)(1) through (5), 
(c)(3)(iii)(A)(1) through (5), (c)(3)(iv), and (c)(3)(v)(A).
    The additions and revisions read as follows:


Sec.  660.360  Recreational fishery--management measures.

* * * * *
    (c) * * *
    (1) * * *
    (i) * * *
    (D) * * *

[[Page 62718]]

[GRAPHIC] [TIFF OMITTED] TP14OC22.072

    (ii) Rockfish. In areas of the EEZ seaward of Washington 
(Washington Marine Areas 1-4) that are open to recreational groundfish 
fishing, there is a 7 rockfish per day bag limit. Taking and retaining 
yelloweye rockfish is prohibited in all Marine Areas. Taking and 
retaining copper rockfish, quillback rockfish, and vermilion rockfish 
is prohibited in all Marine Areas during May, June and July.
* * * * *
    (2) * * *
    (i) * * *
    (B) Recreational rockfish conservation area (RCA). Fishing for 
groundfish with recreational gear is prohibited within the recreational 
RCA, a type of closed area or groundfish conservation area, except with 
long-leader gear (as defined at Sec.  660.351). It is unlawful to take 
and retain, possess, or land groundfish taken with recreational gear 
within the recreational RCA, except with long-leader gear (as defined 
at Sec.  660.351). A vessel fishing in the recreational RCA may not be 
in possession of any groundfish unless otherwise stated. [For example, 
if a vessel fishes in the recreational salmon fishery within the 
recreational RCA, the vessel cannot be in possession of groundfish 
while within the recreational RCA. The vessel may, however, on the same 
trip fish for and retain groundfish shoreward of the recreational RCA 
on the return trip to port.] Off Oregon, from January 1 through 
December 31, recreational fishing for groundfish is allowed in all 
depths. Coordinates approximating boundary lines at the 10-fm (18-m) 
through 100-fm (183-m) depth contours can be found at Sec.  660.71 
through Sec.  660.73.
* * * * *
    (iii) * * *
    (D) In the Pacific halibut fisheries. Retention of groundfish is 
governed in part by annual management measures for Pacific halibut 
fisheries, which are published in the Federal Register. Between the 
Columbia River and Humbug Mountain, during days open to the ``all-
depth'' sport halibut fisheries, when Pacific halibut are onboard the 
vessel, no groundfish, except sablefish, Pacific cod, and other species 
of flatfish (sole, flounder, sanddab), may be taken and retained, 
possessed or landed, except with long-leader gear (as defined at Sec.  
660.351). ``All-depth'' season days are established in the annual 
management measures for Pacific halibut fisheries, which are published 
in the Federal Register and are announced on the NMFS Pacific halibut 
hotline, 1-800-662-9825.
BILLING CODE 3510-22-C
* * * * *
    (3) California. Seaward of California, for groundfish species not 
specifically mentioned in this paragraph, fishers are subject to the 
overall 20-fish bag limit for all species of finfish, of which no more 
than 10 fish of any one species may be taken or possessed by any one 
person. Petrale sole, Pacific sanddab, and starry flounder are not 
subject to a bag limit. Recreational spearfishing for all federally-
managed groundfish, is exempt from closed areas and seasons, consistent 
with Title 14 of the California Code of Regulations. This exemption 
applies only to recreational vessels and divers provided no other 
fishing gear, except spearfishing gear, is on board the vessel. 
California state law may provide regulations similar to Federal 
regulations for kelp greenlings. Retention of cowcod, yelloweye 
rockfish, and bronzespotted rockfish, is prohibited in the recreational 
fishery seaward of California all year in all

[[Page 62719]]

areas. Retention of species or species groups for which the season is 
closed is prohibited in the recreational fishery seaward of California 
all year in all areas, unless otherwise authorized in this section. For 
each person engaged in recreational fishing in the EEZ seaward of 
California, the following closed areas, seasons, bag limits, and size 
limits apply:
    (i) * * *
    (A) Recreational rockfish conservation areas. The recreational RCAs 
are areas that are closed to recreational fishing for certain 
groundfish. Fishing for the California rockfish, cabezon, greenling 
complex (RCG Complex), as defined in Sec.  660.360(c)(3)(ii), and 
lingcod with recreational gear is prohibited within the recreational 
RCA. It is unlawful to take and retain, possess, or land the RCG 
Complex and lingcod taken with recreational gear within the 
recreational RCA, unless otherwise authorized in this section. A vessel 
fishing in the recreational RCA may not be in possession of any species 
prohibited by the restrictions that apply within the recreational RCA. 
For example, if a vessel fishes in the recreational salmon fishery 
within the recreational RCA, the vessel cannot be in possession of the 
RCG Complex and lingcod while in the recreational RCA. The vessel may, 
however, on the same trip fish for and retain rockfish shoreward of the 
recreational RCA on the return trip to port. If the season is closed 
for a species or species group, fishing for that species or species 
group is prohibited both within the recreational RCA and outside of the 
recreational RCA, unless otherwise authorized in this section. In times 
and areas where a recreational RCA is closed shoreward of a 
recreational RCA line (i.e., when an ``off-shore only'' fishery is 
active in that management area) possession or retention of nearshore 
rockfish (defined as black rockfish, blue rockfish, black and yellow 
rockfish, brown rockfish, China rockfish, copper rockfish, calico 
rockfish, gopher rockfish, kelp rockfish, grass rockfish, olive 
rockfish, quillback rockfish, and treefish), cabezon, and greenlings is 
prohibited in all depths throughout the area; and possession and 
retention of all rockfish, cabezon, greenlings, and lingcod is 
prohibited shoreward of the recreational RCA boundary line, except that 
vessels may transit through waters shoreward of the recreational RCA 
line with no fishing gear in the water. Coordinates approximating 
boundary lines at the 30 fm (55 m) through 100 fm (183 m) depth 
contours can be found at Sec.  660.71 through Sec.  660.73. The 
recreational fishing season structure and RCA depth boundaries seaward 
of California by management area and month are as follows:
    (1) Between 42[deg] N lat. (California/Oregon border) and 
40[deg]10' N lat. (Northern Management Area), recreational fishing for 
the RCG Complex and lingcod is closed from January 1 through May 14, is 
open at all depths from May 15 through October 15, and is closed 
October 16 through December 31.
    (2) Between 40[deg]10' N lat. and 38[deg]57.50' N lat. (Mendocino 
Management Area), recreational fishing for the RCG Complex and lingcod 
is closed from January 1 through May 14; prohibited in the EEZ 
shoreward of the boundary line approximating the 50 fm (91 m) depth 
contour along the mainland coast and along islands and offshore 
seamounts from May 15 through July 15 (seaward of 50 fm is open), and 
is open at all depths from July 16 through December 31.
    (3) Between 38[deg]57.50' N lat. and 37[deg]11' N lat. (San 
Francisco Management Area), recreational fishing for the RCG Complex 
and lingcod s closed from January 1 through May 14; is prohibited in 
the EEZ shoreward of the boundary line approximating the 50 fm (91 m) 
depth contour along the mainland coast and along islands and offshore 
seamounts from May 15 through July 15 (seaward of 50 fm is open), and 
is open at all depths from July 16 through December 31. Closures around 
Cordell Bank (see paragraph (c)(3)(i)(C) of this section) also apply in 
this area.
    (4) Between 37[deg]11' N lat. and 34[deg]27' N lat. (Central 
Management Area), recreational fishing for the RCG Complex and lingcod 
is closed from January 1 through April 30, is open at all depths from 
May 1 through September 30; and is prohibited in the EEZ shoreward of a 
boundary line approximating the 50 fm (91 m) depth contour along the 
mainland coast and along islands and offshore seamounts from October 1 
through December 31 (seaward of 50 fm is open).
    (5) South of 34[deg]27' N lat. (Southern Management Area), 
recreational fishing for the RCG Complex and lingcod is closed from 
January 1 through March 31, open at all depths from April 1 through 
September 15; and is prohibited in the EEZ shoreward of a boundary line 
approximating the 50 fm (91 m) depth contour from September 16 through 
December 31 along the mainland coast and along islands and offshore 
seamounts (seaward of 50 fm is open), except in the CCAs where fishing 
is prohibited seaward of the 40 fm (73 m) depth contour when the 
fishing season is open (see paragraph (c)(3)(i)(B) of this section).
    (B) Cowcod conservation areas. The latitude and longitude 
coordinates of the Cowcod Conservation Areas (CCAs) boundaries are 
specified at Sec.  660.70. Recreational fishing for all groundfish is 
prohibited within the CCAs, except as specified in this paragraph. 
Fishing for California scorpionfish, petrale sole, starry flounder, and 
``Other Flatfish'' is permitted within the CCAs as specified in 
paragraphs (c)(3)(iv) and (c)(3)(v) of this section. Recreational 
fishing for the following species is permitted shoreward of the 
boundary line approximating the 40 fm (37 m) depth contour when the 
season, as specified in paragraphs (c)(3)(ii)(A)(5) and 
(c)(3)(iii)(A)(5) of this section, for those species is open south of 
34[deg]27' N lat.: Minor nearshore rockfish, cabezon, kelp greenling, 
lingcod, and shelf rockfish. Retention of all groundfish except 
California scorpionfish, petrale sole, starry flounder, and ``Other 
Flatfish'', is prohibited within the CCA. Coordinates for the boundary 
line approximating the 40 fm (73 m) depth contour are listed in Sec.  
660.71. It is unlawful to take and retain, possess, or land groundfish 
taken within the CCAs, except for species authorized in this section.
* * * * *
    (ii) RCG complex. The California rockfish, cabezon, greenling 
complex (RCG Complex) includes all rockfish, kelp greenling, rock 
greenling, and cabezon. This category does not include California 
scorpionfish, also known as ``sculpin''.
    (A) * * *
    (1) Between 42[deg] N lat. (California/Oregon border) and 
40[deg]10' N lat. (North Management Area), recreational fishing for the 
RCG complex is open from May 15 through October 15 (i.e., recreational 
fishing for the RCG complex is closed from January 1 through May 14, 
and October 16 through December 31).
    (2) Between 40[deg]10' N lat. and 38[deg]57.50' N lat. (Mendocino 
Management Area), recreational fishing for the RCG Complex is open from 
May 15 through December 31 (i.e., recreational fishing for the RCG 
complex is closed from January 1 through May 14).
    (3) Between 38[deg]57.50' N lat. and 37[deg]11' N lat. (San 
Francisco Management Area), recreational fishing for the RCG complex is 
open from May 15 through December 31 (i.e., recreational fishing for 
the RCG complex is closed from January 1 through May 14).
    (4) Between 37[deg]11' N lat. and 34[deg]27' N lat. (Central 
Management Area),

[[Page 62720]]

recreational fishing for the RCG complex is open from May 1 through 
December 31 (i.e., recreational fishing for the RCG complex is closed 
from January 1 through April 30).
    (5) South of 34[deg]27' N lat. (Southern Management Area), 
recreational fishing for the RCG Complex is open from April 1 through 
December 31 (i.e., recreational fishing for the RCG complex is closed 
from January 1 through the March 31).
* * * * *
    (iii) * * *
    (A) * * *
    (1) Between 42[deg] N lat. (California/Oregon border) and 
40[deg]10' N lat. (Northern Management Area), recreational fishing for 
lingcod is open from May 15 through October 15 (i.e., recreational 
fishing for lingcod is closed from January 1 through May 14, and 
October 16 through December 31).
    (2) Between 40[deg]10' N lat. and 38[deg]57.50' N lat. (Mendocino 
Management Area), recreational fishing for lingcod is open from May 15 
through December 31 (i.e., recreational fishing for lingcod is closed 
from January 1 through May 14).
    (3) Between 38[deg]57.50' N lat. and 37[deg]11' N lat. (San 
Francisco Management Area), recreational fishing for lingcod is open 
from May 15 through December 31 (i.e., recreational fishing for lingcod 
is closed from January 1 through May 14).
    (4) Between 37[deg]11' N lat. and 34[deg]27' N lat. (Central 
Management Area), recreational fishing for lingcod is open from May 1 
through December 31 (i.e., recreational fishing for lingcod is closed 
from January 1 through April 30).
    (5) South of 34[deg]27' N lat. (Southern Management Area), 
recreational fishing for lingcod is open from April 1 through December 
31 (i.e., recreational fishing for lingcod is closed from January 1 
through March 31)
* * * * *
    (iv) ``Other Flatfish,'' petrale sole, and starry flounder. ``Other 
Flatfish'' are defined at Sec.  660.11, and include butter sole, 
curlfin sole, flathead sole, Pacific sanddab, rex sole, rock sole, and 
sand sole.
    (A) Seasons. Recreational fishing for ``Other Flatfish,'' petrale 
sole, and starry flounder is open from January 1 through December 31. 
When recreational fishing for ``Other Flatfish,'' petrale sole, and 
starry flounder is open, it is permitted both outside and within the 
recreational RCAs described in paragraph (c)(3)(i) of this section and 
the CCAs described in paragraph (c)(3)(i)(B) of this section.
    (B) Bag limits, hook limits. In times and areas where the 
recreational season for ``Other Flatfish,'' petrale sole, and starry 
flounder is open, ``Other Flatfish'' are subject to the overall 20-fish 
bag limit for all species of finfish, of which there may be no more 
than 10 fish of any one species; there is no daily bag limit for 
petrale sole, starry flounder and Pacific sanddab.
    (C) Size limits. There are no size limits for ``Other Flatfish,'' 
petrale sole, and starry flounder.
    (D) Dressing/Filleting. ``Other Flatfish,'' petrale sole, and 
starry flounder may be filleted at sea. Fillets may be of any size, but 
must bear intact a one-inch (2.6 cm) square patch of skin.
    (v) * * *
    (A) Seasons. When recreational fishing for California scorpionfish 
is open, it is permitted both outside of and within the recreational 
RCAs described in paragraph (c)(3)(i) of this section. Recreational 
fishing for California scorpionfish is open from January 1 through 
December 31.
* * * * *
[FR Doc. 2022-20430 Filed 10-13-22; 8:45 am]
BILLING CODE 3510-22-P