[Federal Register Volume 88, Number 189 (Monday, October 2, 2023)]
[Rules and Regulations]
[Pages 67656-67666]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-21710]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 660

[Docket No. 221206-0261]
RIN 0648-BM62


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

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

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

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SUMMARY: This final rule announces routine inseason adjustments to 
management measures in commercial and recreational groundfish fisheries 
for the remainder of the 2023 fishing year. This action is intended to 
allow commercial and recreational fishing vessels to access more 
abundant groundfish stocks while protecting overfished and depleted 
stocks.

DATES: This final rule is effective October 2, 2023.

ADDRESSES: Electronic Access: This rule is accessible via the internet 
at the Office of the Federal Register website at https://www.federalregister.gov. Background information and documents are 
available at the Pacific Fishery Management Council's website at http://www.pcouncil.org/ including the 2021 stock assessment for quillback 
rockfish (see Agenda Item E.2, Attachment 4, November 2021) and 
supporting information for the Council's recommendations at the 
September 2023 meeting.

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

SUPPLEMENTARY INFORMATION: 

Background

    The Pacific Coast Groundfish Fishery Management Plan (PCGFMP) and 
its implementing regulations at title 50 in the Code of Federal 
Regulations (CFR), part 660, subparts C through G, regulate fishing for 
over 90 species of groundfish in the exclusive economic zone (EEZ) off 
the coasts of Washington, Oregon, and California. The Pacific Fishery 
Management Council (Council) develops groundfish harvest specifications 
and management measures for 2 year periods (i.e., a biennium). NMFS 
published the final rule to implement harvest specifications and 
management measures for the 2023-2024 biennium for most species managed 
under the PCGFMP on December 16, 2022 (87 FR 77007). In general, the 
management measures set at the start of the biennial harvest 
specifications cycle help the various sectors of the fishery attain, 
but not exceed, the catch limits for each stock. The Council, in 
coordination with Pacific Coast Treaty Indian Tribes and the States of 
Washington, Oregon, and California, recommends adjustments to the 
management measures during the fishing year to achieve this goal.
    At its September 2023 meeting, in an effort to limit mortality of 
quillback rockfish off California (as discussed below), the Council 
recommended NMFS prohibit quillback rockfish retention in federal 
waters off California in all recreational (i.e., bag limit of zero) and 
commercial (i.e., zero retention under trip limit for minor nearshore 
rockfish complex) groundfish fisheries; close the ``nearshore'' 
recreational groundfish fisheries for the remainder of 2023 in federal 
waters for the Northern Groundfish Management Area (GMA), Mendocino 
GMA, San Francisco GMA, and Central GMA; and prohibit recreational 
vessels from fishing in federal waters shoreward of the 50 fathom 
rockfish conservation area (RCA) boundary line. Shelf rockfish, slope 
rockfish, and lingcod may be taken seaward of the 50-fathom boundary 
line by recreational vessels, while it will be unlawful to take or 
possess nearshore rockfish, cabezon or greenlings at any depth in 
federal waters by recreational vessels. To further limit incidental 
catch and discards of quillback rockfish, the Council also recommended 
modifying fixed gear trip limits between 42[deg] North (N) latitude 
(lat.) to 34[deg]27' N lat. for limited entry (LE) and open access (OA) 
fisheries for the following co-occurring species: Minor Shelf Rockfish 
complex, widow rockfish, yellowtail rockfish, canary rockfish, Minor 
Nearshore Rockfish complex, lingcod, chilipepper rockfish, bocaccio 
rockfish, and cabezon.
    In addition to the quillback rockfish related management measure 
adjustments, the Council recommended modifying fixed gear trip limits 
for LE and OA fisheries for sablefish north of 36[deg] N lat. and 
lingcod north of 42[deg] N lat. All of the inseason actions the Council 
recommended were adjustments to be implemented for the remainder of the 
2023 fishing year.
    Pacific Coast groundfish fisheries are managed using harvest 
specifications or

[[Page 67657]]

limits (e.g., overfishing limits [OFL], acceptable biological catch 
[ABC], annual catch limits [ACL] and harvest guidelines [HG]) 
recommended biennially by the Council and based on the best scientific 
information available at that time (50 CFR 660.60(b)). During 
development of the harvest specifications, the Council also recommends 
management measures (e.g., Annual Catch Targets (ACTs), trip limits, 
area closures, and bag limits) that are meant to mitigate catch so as 
not to exceed the harvest specifications. The harvest specifications 
and mitigation measures developed for the 2023-2024 biennium used data 
through the 2021 fishing year. Each of the adjustments to mitigation 
measures discussed below are based on updated fisheries information 
that was unavailable when the analysis for the current harvest 
specifications was completed. As new fisheries data becomes available, 
adjustments to mitigation measures are projected so as to help 
harvesters achieve but not exceed the harvest limits.

Quillback Rockfish Off California

    Under current management, quillback rockfish are a contributing 
species within the Minor Nearshore Rockfish complex north and south of 
40[deg]10' N lat. The harvest specifications for this species (ACL, 
ABC, OFL) contribute to the harvest specifications of the complex. 
Quillback rockfish was assessed in 2021 and that assessment was 
determined to be the best scientific information available by the 
Pacific Fishery Management Council's Science and Statistical Committee 
as well as NMFS (see Addresses). 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. The individual assessment areas suggested 
differences in abundance and potential localized depletion. The 
assessment for the portion of quillback rockfish off California 
indicated that population is depleted and limited mixing with other 
populations of quillback rockfish off the West Coast is thought to 
occur. Additionally, the assessment indicated the species has been 
fished at levels too high to maintain good yields and a healthy 
population since the 1990s.
    In an analysis for the November 2021 Council meeting, a report by 
the Groundfish Management Team (GMT) showed continued exceedances of 
the OFL contribution of quillback rockfish to the nearshore rockfish 
complex every year in all 4 years between 2017 and 2020 (Agenda Item 
E.3.a GMT Report 2, November 2021). Additionally, the Council noted 
that quillback rockfish has a 2.22 vulnerability score, making it one 
of the most vulnerable rockfishes in the PCGFMP. For these reasons, the 
Council recommended species-specific ACTs for quillback rockfish off 
the coast of California as part of the 2023-24 harvest specifications 
and management measures (87 FR 77007, December 16, 2022) to support 
better tracking of mortality in light of the depleted nature of 
quillback off California.
    Quillback rockfish have a shared commercial and recreational 
species-specific ACT of 0.87 metric tons (mt) for the area between 
42[deg] N lat. and 40[deg]10' N lat. and 0.89 mt for south of 
40[deg]10' N lat. (see 50 CFR 660 Table 1a and Table 2a). The ACTs were 
set under the 2023-24 Groundfish Harvest Specifications and Management 
Measures action in response to the 2021 stock assessment for quillback 
rockfish off the coast of California, which has been deemed the best 
scientific information available by NOAA Fisheries and the scientific 
advisors to the Council. Given quillback rockfish are currently managed 
in a stock complex, the new ACT was meant to essentially formalize the 
ACL contributions for management purposes. Setting the ACTs equal to 
the ACL contributions allows the Council to recommend necessary 
management measures inseason when the ACL contribution is met or 
projected to be met. Exceeding the ACL contribution for species in a 
complex would otherwise typically not trigger a Council response or 
accountability measure.
    At the September 2023 Council meeting, the California Department of 
Fish and Wildlife (CDFW) requested that the Council take action in 
federal waters similar to management measures recently taken in 
California state waters as a result of mortality of quillback rockfish 
off California estimated to substantially exceed the federally set 
harvest limits (see ADDRESSES). Updated quillback rockfish mortality as 
of August 27, 2023, for California recreational fisheries and September 
5, 2023 for California commercial landings is provided in Table 1 below 
(Agenda Item G.8.a Supplemental GMT Report 5, September 2023). Table 1 
demonstrates that estimated mortality across California (4.12 mt), 
without taking into account commercial discards, is substantially 
higher than the combined ACTs (1.76 mt) and substantially higher than 
the combined OFL contributions (2.1 mt). Therefore, because the ACTs 
were set in order to address localized depletion identified in the 2021 
stock assessment, the Council determined that major reductions in 
fishing opportunity for the remainder of the year are warranted.

       Table 1--Best Estimate of 2023 California Quillback Rockfish Commercial Non-Trawl Landings and Recreational Mortality, in Metric Tons (mt)
   [California Recreational Fishery Survey (CRFS) estimates through June, Anticipated Catch Values (ACVs) through August 27; commercial landings data
    retrieved from PacFIN September 5. Inseason catch estimates are compared to the 2023 quillback rockfish ACT/ACL contributions north and south of
                                                                   40[deg]10' N lat.]
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                       Estimated
                                                                      recreational      Commercial       Combined     2023 Quillback ACT (=       %
                               Area                                 total mortality    landings (mt)  mortality (mt)    ACL contribution)     Attainment
                                                                          (mt)                              \a\                (mt)
--------------------------------------------------------------------------------------------------------------------------------------------------------
North 40[deg]10' N lat...........................................               1.75            0.25            2.00                   0.87          230
South 40[deg]10' N lat...........................................               1.84            0.28            2.12                   0.89          238
--------------------------------------------------------------------------------------------------------------------------------------------------------
\a\ Commercial does not include estimated discard mortality.

    In response, the Council's GMT conducted analysis to see if there 
were any particular aspects of the fishery (by sector, location, gear 
type, etc.) where quillback were most commonly encountered, in order to 
narrow the scope of potential restrictions that may be most effective 
at reducing further impacts to quillback rockfish for the remainder of 
2023.
    The GMT analyzed observer (commercial only) and landings data 
(commercial and recreational) from 2021 and 2022 for the two geographic 
areas off the coast of California with

[[Page 67658]]

quillback rockfish ACTs in 2023: between 42[deg] N lat. and 40[deg]10' 
N lat. and south of 40[deg]10' N lat. The sectors with highest 
estimated quillback rockfish removals in 2021 and 2022 were as follows: 
landings in the recreational fishery south of 40[deg]10' N lat. (7.5 mt 
in 2021 and 6.3 mt in 2022), discard mortality in the OA fixed gear 
fishery north of 40[deg]10' N lat. in 2022 (5.3 mt), landings in the 
recreational fishery north of 40[deg]10' N lat. (3.0 mt in 2021 and 2.9 
mt in 2022), and both landings and discards combined in the nearshore 
fishery both north (2.2 mt in 2021 and 1.9 mt in 2022) and south (2.7 
mt in 2021 and 1.6 mt in 2022).
    This information indicated that in 2021 and 2022, most landed catch 
of quillback rockfish was from recreational fisheries, OA fixed gear 
had high estimated discards in 2022, and the nearshore fishery has a 
relatively lower overall but more consistent harvest tonnage from a mix 
of both landings and discards. Further investigation on commercial 
fishery encounters indicated that very few trips in the OA fixed gear 
fishery that fished with hook and line gears caught quillback rockfish 
in 2021 and 2022 (approximately 2 percent of trips between 42[deg] N 
lat. and 40[deg]10' N lat. and less than 0.2 percent of trips south of 
40[deg]10' N lat.). Comparatively, the nearshore fishery has much 
higher encounter rates with quillback rockfish, with approximately 15 
percent of trips between 42[deg] N lat. and 40[deg]10' N lat. and 6 
percent of trips south of 40[deg]10' N lat. catching quillback 
rockfish.
    A further consideration of limited available spatial data indicated 
that quillback rockfish are very rarely encountered in waters deeper 
than 50 fathoms (91.4 meters (m)) but that the depth ranges where they 
are most commonly encountered varies somewhat by latitude with more 
attributed catches in shallower depths (e.g., 11-30 fathoms, 20.1-54.9 
m) in the more northern areas and deeper than 20 fathoms (36.6 m) in 
southern parts of the California coast.
    The GMT also looked at whether the legal non-bottom contact hook-
and-line gear allowed in the non-trawl rockfish conservation area (RCA) 
(50 CFR 660.330(b)(3)) has been encountering quillback rockfish. This 
gear was a new management measure under the 2023-24 harvest 
specifications and management measures (87 FR 77007, December 16, 2022) 
within the non-trawl RCA in order to provide additional opportunity to 
commercial non-trawl fisheries to target healthy stocks while relieving 
pressure on depleted or constraining nearshore stocks. While data is 
limited so far, the gear configurations have shown to have relatively 
low bycatch of groundfish species of concern while being able to 
harvest healthy midwater rockfish. In the 14 years the three 
Experimental Fishing Permits (EFPs) operated that used similar gear 
(Emley-Platt, Real Good Fish, and Oregon RFA EFP), a total of only 
three quillback rockfish were caught. Further analysis showed that of 
the 108 mt of total catch in all three EFPs combined, approximately 
only 3 percent was quillback rockfish.
    In light of this new information, the Council recommended limiting 
the closures of trip limits by gear type and by area in order to 
maintain some fishing opportunity with limited quillback rockfish 
impacts, and focusing action on the sectors with greater quillback 
impacts. The recommendations from the Council are projected to reduce 
take of quillback rockfish in order to address localized depletion 
while minimizing the economic impact to fishing communities to the 
extent possible. Therefore, the Council recommended and NMFS is 
implementing, by modifying Tables 2 North and South to part 660, 
subpart E, Tables 3 North and South to part 660, subpart F, and 50 CFR 
660.360(c)(3), a zero pound trip and bag limits, thereby effectively 
prohibiting retention of quillback rockfish off California (south of 
42[deg] N lat.) in both commercial (0 lbs per bimonthly period trip 
limit) and recreational fisheries in federal waters (0 lbs bag limit). 
The Council also recommended and NMFS is implementing, by Tables 2 
North and South to part 660, subpart E, a zero pound trip limit for LE 
fisheries, effectively closing those LE fisheries for period 6 
(November-December) between 42[deg] North (N) latitude (lat.) to 
34[deg]27' N lat. (unless otherwise specified) for the following stocks 
and complexes: Minor Shelf Rockfish complex, widow rockfish, yellowtail 
rockfish (42[deg] N lat. to 40[deg]10' N lat), canary rockfish, Minor 
Nearshore Rockfish complex, lingcod, chilipepper rockfish (40[deg]10' N 
lat. to 34[deg]27' N lat.), bocaccio rockfish (40[deg]10' N lat. to 
34[deg]27' N lat.), and cabezon.
    The Council recommended and NMFS is implementing, by modifying 
Tables 3 North and South to part 660, subpart F, a zero pound trip 
limit for OA fisheries, effectively closing the OA fisheries for period 
6 (November-December) between 42[deg] North (N) latitude (lat.) to 
34[deg]27' N lat. for the following stocks and complexes: Minor 
Nearshore Rockfish complex, lingcod, and cabezon.
    The Council recommended and NMFS is implementing, by modifying 
Tables 3 North and South to part 660, subpart F, a zero pound trip 
limit for OA fisheries, effectively closing the OA fishieries for 
period 6 (November-December), except for vessels using legal non-bottom 
contact hook and line gear (as defined at Sec.  660.330(b)(3)) between 
42[deg] North (N) latitude (lat.) to 34[deg]27' N lat. (unless 
otherwise specified) for the following stocks and complexes: minor 
shelf rockfish (42[deg] N lat. to 40[deg]10' N lat), widow rockfish, 
yellowtail rockfish (42[deg] N lat. to 40[deg]10' N lat), canary 
rockfish, chilipepper rockfish (40[deg]10' N lat. to 34[deg]27' N 
lat.), and bocaccio rockfish (40[deg]10' N lat. to 34[deg]27' N lat.).
    Additionally, the Council recommended and NMFS is implementing, by 
modifying 50 CFR 660.360, a closure for the nearshore recreational 
groundfish fisheries for the remainder of 2023 in federal waters for 
the Northern GMA, Mendocino GMA, San Francisco GMA, and Central GMA; 
and prohibiting recreational vessels from fishing in federal waters 
shoreward of the 50 fathom RCA boundary line. Shelf rockfish, slope 
rockfish, and lingcod may be taken seaward of the 50-fathom boundary 
line by recreational vessels, while it will be unlawful to take or 
possess nearshore rockfish, cabezon or greenlings at any depth in 
federal waters by recreational vessels.

Vermilion Rockfish

    Vermilion rockfish off California are currently managed as part of 
the Minor Shelf Rockfish complex, south of 40[deg]10' N latitude; as 
well as the Minor Shelf Rockfish complex north of 40[deg]10' N 
latitude, but only in the area between 42[deg] and 40[deg]10' N lat. 
For 2023, the southern complex has an ACL of 1,469 mt, and vermilion 
rockfish has an ACL contribution of 281.3 mt; the northern complex has 
an ACL of 1,283 mt, and vermilion rockfish has an ACL contribution of 
6.5 mt within it.
    With the changes described above, which will shift fishing effort 
from the nearshore out to the shelf, concerns about limiting shelf 
stocks, specifically vermilion rockfish, arose. Due to the high value 
of vermilion rockfish, there are concerns about potential effort 
increases to minor shelf rockfish species, especially vermilion 
rockfish, as well as additional concerns with non-compliance in 
utilizing the legal non-bottom contact hook and line gear (as defined 
at Sec.  660.330(b)(3)). While the Council intends to minimize impacts 
to quillback rockfish, the intent of this action is also to avoid 
overharvesting other species. To achieve this, the

[[Page 67659]]

Council recommended reducing trip limits to minimize the potential for 
effort shift. Within the Minor Shelf Rockfish Complex, vermilion 
rockfish south of 40[deg]10' ACL contribution is projected to be 
exceeded and therefore the Council determined that additional trip 
limit reductions should be taken. The expected mortality under current 
limits are shown in Table 2.

 Table 2--Projected Landings of Vermilion, Vermilion Allocation, and Projected Percentage of Vermilion Attained
                          Through the End of the Year by Current Trip Limit and Fishery
----------------------------------------------------------------------------------------------------------------
                                                                                                  Projected
                    Area                        Projected      OFL/ABC/ACL Contribution to    attainment of ACL
                                              landings (mt)      the Minor Shelf Complex         contribution
----------------------------------------------------------------------------------------------------------------
42[deg] N lat.-40[deg]10' N lat............          6.7 mt  OFL=6.99; ABC/ACL=6.54........                  102
40[deg]10' N lat.-34[deg]27' N lat.........        375.0 mt  OFL=311.24; ABC/ACL=281.3.....                  133
----------------------------------------------------------------------------------------------------------------

    Given that the new LE trip limits for the Minor Shelf Rockfish 
complex will be set to zero for the areas between 42[deg] N lat. to 
40[deg]10' N lat. and 40[deg]10' N lat. to 34[deg]27' N lat. for period 
6 (November-December), it is assumed that the LE entrants will shift 
their effort to the OA fishery when targeting the Minor Shelf Rockfish 
complex since legal non-bottom contact hook and line gear (as defined 
at Sec.  660.330(b)(3)) will still be allowed in that area. Therefore, 
the GMT analyzed the potential reduction to open access Minor Shelf 
Rockfish complex trip limits between 42[deg] N lat. to 40[deg]10' N 
lat. and 40[deg]10' N lat. to 34[deg]27' N lat. Additionally, the GMT 
analyzed a potential reduction to the vermilion rockfish subtrip limit 
between 40[deg]10' N lat. and 34[deg]27' N lat. (Agenda Item G.8.a 
Supplemental GMT Report 5, September 2023).
    Consequently, the Council recommended and NMFS is implementing, by 
modifying Tables 3 North and South to part 660, subpart F, a closure of 
the Minor Shelf Rockfish complex trip limit for all OA gear between 
42[deg] N lat. to 34[deg]27' N lat. except legal non-bottom contact 
hook and line gear (as defined at Sec.  660.330(b)(3)) (as discussed 
above). For vessels using legal non-bottom contact hook and line gear, 
the Council recommended and NMFS is implementing a reduction in the 
Minor Shelf Rockfish complex trip limits for period 6 (November-
December). Between 42[deg] N lat. to 40[deg]10' N lat., the Minor Shelf 
Rockfish trip limit will be 400 lbs. (181.4 kg) per month. Between 
40[deg] 10' N lat. to 34[deg]27' N lat., the trip limit will be 2,000 
lbs. (907.2 kg) per bimonthly period, of which no more than 200 lb. 
(90.7 kg) may be vermilion rockfish.

Sablefish

    Sablefish is an important commercial species on the west coast with 
vessels targeting sablefish with both trawl and fixed gear (longlines 
and pots/traps). Sablefish is managed with a coast-wide ACL that is 
apportioned north and south of 36[deg] N lat. based on a 5-year rolling 
average of swept-area biomass from the trawl survey. In 2023, the 
portion of the ACL for sablefish north of 36[deg] N lat. is 8,486 mt 
with a fishery HG of 7,600 mt. The fishery HG north of 36[deg] N lat. 
is further divided between the Limited Entry Fixed Gear (LEFG) and OA 
sectors with 90.6 percent, or 6,885 mt, going to the LEFG sector and 
9.4 percent, or 714 mt, going to the OA sector.
    At the September 2023 Council meeting, the Council's GMT received 
requests from industry members and members of the Council's Groundfish 
Advisory Subpanel to examine the potential to increase sablefish trips 
limits for the LEFG and OA fisheries north of 36[deg] N lat. Landings 
in both northern sectors are tracking well below their respective 
sector-specific targets so far in 2023, and the LEFG sector in 
particular had a slow start to the fishing season, largely driven by 
fishing opportunities off Alaska. The intent of increasing trip limits 
is to increase harvest opportunities for vessels targeting sablefish. 
To evaluate potential increases to sablefish trip limits, the GMT made 
model-based landings projections under current regulations and 
alternative sablefish trip limits, including the limits ultimately 
recommended by the Council, for the LEFG and OA fisheries through the 
remainder of the year. Table 4 shows the projected sablefish landings, 
the sablefish allocations, and the projected attainment percentage by 
fishery under both the current trip limits and the Council's 
recommended adjusted trip limits. These projections were based on the 
most recent catch information available through early September 2023. 
Industry did not request changes to sablefish trip limits for the LEFG 
or OA fishery south of 36[deg] N lat. Therefore, NMFS and the Council 
did not consider trip limit changes for these fisheries at this time.

 Table 3--Projected Landings of Sablefish, Sablefish Allocation, and Projected Percentage of Sablefish Attained
                              Through the End of the Year by Trip Limit and Fishery
----------------------------------------------------------------------------------------------------------------
                                                                          Projected                   Projected
                 Fishery                          Trip limits          landings (round   Allocation   percentage
                                                                        weight) (mt)        (mt)       attained
----------------------------------------------------------------------------------------------------------------
LEFG North of 36[deg] N lat..............  Current: 4,500 lb. (2,042           215-240          417        52-58
                                            kg)/week, not to exceed
                                            9,000 lb. (4,082 kg)/two
                                            months.
                                           Recommended: 9,000 lb.              317-364                     82-87
                                            (4,082 kg)/week, not to
                                            exceed 18,000 lb. (8,165
                                            kg)/two months.
OA North of 36[deg] N lat................  Current: 3,000 lb. (1,361           520-561          687        76-82
                                            kg)/day, not to exceed
                                            6,000 lb. (2,722 kg)/two
                                            months.
                                           Recommended: 4,000 lb.              599-654                     87-95
                                            (1,814 kg)/day, not to
                                            exceed 8,000 lb. (8,629
                                            kg)/two months.
----------------------------------------------------------------------------------------------------------------


[[Page 67660]]

    As shown in Table 4, under the current trip limits, the model 
predicts catches of sablefish will be at or below 58 percent, or 240 mt 
of the 417 mt allocation, for LEFG and 82 percent, or 561 mt of the 687 
mt allocation, for OA fishery north of 36[deg] N lat. Under the 
Council's recommended trip limits, sablefish attainment is projected to 
increase in the LEFG and OA fisheries north of 36[deg] N lat. up to 87 
and 95 percent, respectively.
    Trip limit increases for sablefish are intended to increase 
attainment of the non-trawl HG. The recommended trip limit increases do 
not change projected impacts to co-occurring rebuilding species 
compared to the impacts anticipated in the 2023-24 harvest 
specifications because the projected impacts to those species assume 
that the entire sablefish ACL is harvested. Therefore, the Council 
recommended and NMFS is implementing, by modifying Tables 2 North and 
South to part 660, subpart E, trip limit changes for the LEFG fishery 
north of 36[deg] N lat. to set the limits at ``9,000 lbs. (4,082.3 kg)/
week not to exceed 18,000 lbs. (8,164.7 kg)/2 months'' beginning in 
period 6 (November-December) through the end of the year. NMFS is also 
implementing, by modifying Tables 3 North and South to part 660, 
subpart F, trip limit changes for the OA sablefish fishery north of 
36[deg] N lat. to set the limits at 4,000 lbs. (1,814.4 kg)/week not to 
exceed 8,000 lbs. (3,628.7 kg)/2 months starting with period 6 
(November-December) through the end of the year.

Lingcod

    Prior to the September 2023 meeting, the GMT also received a 
request to increase the lingcod trip limits north of 42[deg] N lat. to 
reduce regulatory discarding and increase economic opportunity. Status 
quo is currently resulting in regulatory discard for certain 
participants in the fishery. Lingcod is managed with an ACL north of 
40[deg]10' N lat. and an ACL south of 40[deg]10' N lat. The 2023 ACL 
for lingcod north of 40[deg]10' N lat. is 4,378 mt.
    To evaluate potential increases to lingcod trip limits north of 
42[deg] N lat., the GMT made model-based landings projections under 
current regulations and alternative trip limits, including the limits 
ultimately recommended by the Council, for the LE and OA fisheries 
through the remainder of the year. Table 5 shows the projected lingcod 
landings, the lingcod allocations, and the projected attainment 
percentage by fishery under both the current trip limits and the 
Council's recommended adjusted trip limits for north of 42[deg] N lat. 
These projections were based on the most recent catch information 
available through late August 2023.

     Table 4--Projected Landings of Lingcod, Lingcod Allocation, and
Projected Percentage of Lingcod North of 42[deg] N Lat. Attained Through
              the End of the Year by Trip Limit and Fishery
------------------------------------------------------------------------
                                                            Projected
            Fishery                   Trip limits        landings (round
                                                          weight) (mt)
------------------------------------------------------------------------
LE North of 42[deg] N lat.....  Current: 7,000 lb.                 160.8
                                 (3,175.1 kg)/two
                                 months.
OA North of 42[deg] N lat.....  Current: 3,500 lb.
                                 (1,587.6 kg)/month.
LE North of 42[deg] N lat.....  Recommended: 9,000 lb.             166.0
                                 (4,082.3 kg)/two
                                 months.
OA North of 42[deg] N lat.....  Recommended: 4,500 lb.
                                 (2,041.2 kg)/month.
------------------------------------------------------------------------

    Under the current trip limits, the model predicts catches of 
lingcod north of 42[deg] N lat. will total 160.8 mt, which is 7.1 
percent of the 2023 non-trawl allocation of lingcod (2,254.1 mt). Under 
the Council's recommended trip limits, lingcod mortality north of 
42[deg] N lat. is expected to increase to 166.0 mt, which is 7.4 
percent of the 2023 non-trawl allocation of lingcod.
    Trip limit increases for lingcod are intended to marginally 
increase attainment of the non-trawl allocation. The recommended trip 
limit increases do not appreciably change projected impacts to co-
occurring rebuilding species compared to the impacts anticipated in the 
2023-2024 harvest specifications because the projected impacts to those 
species assume that the entire lingcod ACL is harvested. Therefore, the 
Council recommended and NMFS is implementing, by modifying Table 2 
North to part 660, subpart E, and Table 3 North to part 660, subpart F, 
trip limit changes for LE and OA lingcod north of 42[deg] N lat. for 
period 6 (November-December) as shown above in Table 5. These changes 
will be implemented through the end of 2023.

Classification

    This final rule makes routine inseason adjustments to groundfish 
fishery management measures, based on the best scientific information 
available, consistent with the PCGFMP and its implementing regulations.
    This action is taken under the authority of 50 CFR 660.60(c) and is 
exempt from review under Executive Order 12866.
    The aggregate data upon which these actions are based are available 
for public inspection by contacting the NMFS West Coast Region (see FOR 
FURTHER INFORMATION CONTACT, above), or view at the NMFS West Coast 
Groundfish website: https://www.fisheries.noaa.gov/species/west-coast-groundfish.
    Pursuant to 5 U.S.C. 553(b), NMFS finds good cause to waive prior 
public notice and an opportunity for public comment on this action, as 
notice and comment would be impracticable and contrary to the public 
interest. Changes of this nature were anticipated in the final rule for 
the 2023-24 harvest specifications and management measures which 
published on December 16, 2022 (87 FR 76007). The majority of the 
adjustments to management measures in this action address a 
conservation concern for quillback rockfish off of California as new 
information demonstrates the current management measures are not 
sufficient to control mortality as is needed. Therefore, providing a 
comment period for this action could hamper the adherence to 
scientifically informed reference points, created to ensure 
sustainability of the affected fisheries, and would delay measures 
intended to address localized depletion of quillback rockfish. In 
addition, trip limit increases for sablefish and lingcod are expected 
to potentially increase economic value of the fisheries by increasing 
harvest opportunity and reducing regulatory discards. Delaying 
implementation to allow for public comment would likely reduce the 
economic benefits to the commercial fishing industry and the businesses 
that rely on that industry, because the new regulations could not be 
implemented in time to realize the projected benefits to fishing

[[Page 67661]]

communities. For these same reasons, NMFS finds reason to waive the 30-
day delay in effectiveness pursuant to 5 U.S.C. 553(d)(1) so that this 
final rule may become effective upon publication in the Federal 
Register.

List of Subjects in 50 CFR Part 660

    Fisheries, Fishing, and Indian Fisheries.

    Dated: September 27, 2023.
Jennifer M. Wallace,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.

    For the reasons set out in the preamble, 50 CFR part 660 is amended 
as follows:

PART 660--FISHERIES OFF WEST COAST STATES

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

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


0
2. Revise Table 2 (North) to part 660, subpart E, to read as follows:
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[GRAPHIC] [TIFF OMITTED] TR02OC23.005


[[Page 67662]]



0
3. Revise Table 2 (South) to part 660, subpart E, to read as follows:
[GRAPHIC] [TIFF OMITTED] TR02OC23.006


[[Page 67663]]



0
4. Revise Table 3 (North) to part 660, subpart F, to read as follows:
[GRAPHIC] [TIFF OMITTED] TR02OC23.007



[[Page 67664]]



0
5. Revise Table 3 (South) to part 660, subpart F, to read as follows:
[GRAPHIC] [TIFF OMITTED] TR02OC23.008


[[Page 67665]]


[GRAPHIC] [TIFF OMITTED] TR02OC23.009

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0
6. In 660.360, revise paragraph (c)(3) introductory text, and 
paragraphs (c)(3)(i)(A)(1) through (5) to read as follows:


Sec.  660.360  Recreational fishery--management measures.

* * * * *
    (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, quillback rockfish, and bronzespotted rockfish, is prohibited 
in the recreational fishery seaward of California all year in all 
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) * * *
    (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 October 2, 2023, 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 October 2, 2023 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 (91 m) is 
open), is open at all depths from July 16 through October 2, 2023, and 
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 October 3, 2023 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 is closed from January 1 through May 14; is prohibited in 
the EEZ shoreward of the boundary line approximating the 50

[[Page 67666]]

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 (91 m) 
is open), is open at all depths from July 16 through October 2, 2023, 
and 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 October October 3, 2023 
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 (91 m) 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 (91 m) 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).
* * * * *
[FR Doc. 2023-21710 Filed 9-29-23; 8:45 am]
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