[Federal Register Volume 89, Number 141 (Tuesday, July 23, 2024)]
[Rules and Regulations]
[Pages 59681-59689]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-16134]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 660

[Docket No. 221206-0261]
RIN 0648-BN16


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 groundfish fisheries. This action is 
intended to allow commercial fishing vessels to access more abundant 
groundfish stocks while protecting overfished and depleted stocks.

DATES: This final rule is effective July 23, 2024.

ADDRESSES: 

Electronic Access

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

FOR FURTHER INFORMATION CONTACT: Abbie Moyer, phone: 206-305-9601 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 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 June 2024 meeting, the Council recommended inseason 
adjustments to commercial non-trawl trip limits for sablefish north of 
36[deg] N lat., widow rockfish north of 40[deg]10' N lat., and 
yellowtail rockfish north 40[deg]10' N lat. These adjustments are 
expected to improve attainment of these stocks in the non-trawl 
fishery. Pacific Coast groundfish fisheries are managed using harvest 
specifications or limits (e.g., overfishing limits [OFL], acceptable 
biological catch [ABC], annual catch limits [ACL] and harvest 
guidelines [HG]) recommended biennially by the Council and based on the 
best scientific information available at that time (50 CFR 660.60(b)). 
During development of the harvest specifications, the Council also 
recommends management measures (e.g., trip limits, area closures, and 
bag limits) that are meant to mitigate catch so as not to exceed the 
harvest specifications. The harvest specifications and mitigation 
measures developed for the 2023-2024 biennium used data collected 
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.
    Sablefish is an important commercial species on the U.S. West Coast 
with vessels targeting sablefish with both trawl and fixed gear 
(longlines and pots/traps). Sablefish is managed with a coast-wide OFL 
and ABC and ACLs that are apportioned north and south of 36[deg] N lat. 
In 2024, the ACL for sablefish north of 36[deg] N lat. is 7,730 metric 
tons (mt) with a fishery HG of 6,919 mt. The fishery HG north of 
36[deg] N lat. is further divided between the LE and OA sectors with 
90.6 percent, or 6,269 mt, going to the LE sector and 9.4 percent, or 
650 mt, going to the OA sector. From the 6,269 mt LE allocation, 395 mt 
is allocated to the LE fixed gear (LEFG) trip limit fishery.
    At the June 2024 Council meeting, the Council's Groundfish 
Management Team (GMT) received requests from industry members and 
members of the Council's Groundfish Advisory Subpanel (GAP) to examine 
the potential to increase sablefish trips limits for the LEFG and OA 
fisheries north of 36[deg] N lat. The intent of increasing trip limits 
would be to increase harvest opportunities for vessels targeting 
sablefish. Discussion with GAP and GMT members indicated that sablefish 
markets continue to be less lucrative than they were prior to 2020 and, 
consequently, that prices per pound may be a stronger predictor of 
participation than before, as some vessels opt to target other species 
instead. Therefore, for both of the northern sablefish sectors, the GMT 
provided data on 2024 sablefish prices to date, alongside calculated 
prices, to predict participation for the remainder of the year. This 
information can help interpret the fleetwide landings projections under 
each of the low, average, and high price scenarios. Predicted prices 
for the remainder of the year were calculated using prices in each 
respective period of recent year(s).
    Tables 1 and 2 show projected 2024 landings and attainment under 
the three modeled price scenarios for status quo and for the new 
Council recommended trip limits for the LEFG (table 1) and OA (table 2) 
sectors north of 36[deg] N lat. LEFG landings for the full year are 
projected to be 55-70 percent of the 2024 landings target under status 
quo trip limits. So far this year, five LEFG vessels have attained more 
than 90 percent of the status quo bimonthly limit, indicating that at 
least some vessels in the fleet would benefit from a trip limit 
increase. Therefore, the Council recommended Option 1, which projects 
fleetwide landings at 75-97 percent of the 2024 landings target.

[[Page 59682]]



                             Table 1--Options for Sablefish Trip Limit Increases in the LEFG Sector North of 36[deg] N lat.
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                                                                             Projected landings (rd. wt. mt)               Attainment under three price
                                                                               under three price scenarios                          scenarios
                    Option                               Trip limit         ---------------------------------   Target  --------------------------------
                                                                                                                 (mt)                Average
                                                                                Low      Average      High                Low  (%)     (%)     High  (%)
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SQ............................................  4,500 lbs. (2,041.2 kg)/           209        237        265    \a\ 380         55         62         70
                                                 week not to exceed 9,000
                                                 lbs. (4,082.3 kg)/2 months.
Council Recommendation........................  7,000 lbs. (3,175.2 kg)/           284        326        367  .........         75         86         97
                                                 week not to exceed 14,000
                                                 lbs. (6,350.3 kg)/2 months.
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\a\ Landings target is calculated after deducting an amount of assumed discard mortality.

    OA landings north of 36[deg] N lat. for the full year are projected 
to be 79-90 percent of the 2024 landings target under status quo trip 
limits. So far this year, three OA vessels have attained more than 90 
percent of the status quo bimonthly limit, indicating that at least 
some vessels in the fleet would benefit from a trip limit increase. 
Therefore, the Council recommended Option 1, which projects fleetwide 
landings at 88-101 percent of the 2024 landings target.

                              Table 2--Options for Sablefish Trip Limit Increases in the OA Sector North of 36[deg] N Lat.
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                                                                             Projected landings (rd. wt. mt)               Attainment under three price
                                                                               under three price scenarios                          scenarios
                    Option                               Trip limit         ---------------------------------   Target  --------------------------------
                                                                                                                 (mt)                Average
                                                                                Low      Average      High                Low  (%)     (%)     High  (%)
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SQ............................................  3,000 lbs. (1,360.8 kg)/           492        527        563    \a\ 626         79         85         90
                                                 week not to exceed 6,000
                                                 lbs. (2,721.6 kg)/2 months.
Council Recommendation........................  3,500 lbs. (1,587.6 kg)/           551        592        632  .........         88         95        101
                                                 week not to exceed 7,000
                                                 lbs. (3,175.2 kg)/2 months.
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\a\ Landings target is calculated after deducting an amount of assumed discard mortality.

    Trip limit increases for sablefish are intended to increase 
attainment of the non-trawl HG. The proposed trip limit increases do 
not change projected impacts to co-occurring overfished species, 
compared to the impacts anticipated in the 2023-2024 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 the proposed trip limit increases, 
by modifying table 2 (North) and table 2 (South) to part 660, subpart 
E, to reflect trip limit changes for the LEFG fishery north of 36[deg] 
N lat. and increase the limits from ``4,500 lb (2,041 kg) per week, not 
to exceed 9,000 lb (4,082 kg) per two months'' to ``7,000 lb (3,175 kg) 
per week, not to exceed 14,000 lb (6,350 kg) per two months''. NMFS is 
also implementing, by modifying table 3 (North) and table 3 (South) to 
part 660, subpart F, to reflect trip limit changes for the OA sablefish 
fishery north of 36[deg] N lat. and increase the limits from ``3,000 lb 
(1,361 kg) per week, not to exceed 6,000 lb (2,722 kg) per two months'' 
to ``3,500 lb (1,588 kg) per week, not to exceed 7,000 lb (3,175 kg) 
per two. These changes will be in effect until further revised.
    The GMT also received a request from industry members at the June 
2024 Council meeting to increase the yellowtail rockfish and widow 
rockfish OA and LEFG trip limits for the remainder of the year. 
Industry members stated that the abnormally challenging weather 
conditions have prevented fishing effort that would have typically 
already occurred this year and, therefore, an increase in trip limits 
could help make up for lost fishing opportunity once the weather 
improves.
    Currently, between 42[deg] and 40[deg]10' N lat., the non-trawl 
fleet in Federal waters is only permitted to use non-bottom contact 
gear within the Non-Trawl Rockfish Conservation Area (RCA) to access 
midwater shelf species due to actions taken in September (October 2, 
2023, 88 FR 67656) and November (November 29, 2023, 88 FR 83354) of 
2023 to mitigate California quillback rockfish encounters. The only 
current nearshore opportunity off northern California to target 
midwater rockfish (including yellowtail and widow rockfishes) stocks is 
with approved non-bottom contact hook-and-line gear configurations. As 
area closures and gear restrictions have required the fleet to fish 
offshore, where weather conditions can have a larger impact on smaller 
vessels typically prosecuting these trip limits, higher trip limits may 
allow those vessels to land larger volumes across fewer trips, thereby 
promoting safety at-sea and potentially reducing fuel and operational 
costs associated with traveling farther offshore.
    Widow rockfish is managed with a coast-wide ACL. In 2024, the ACL 
for widow rockfish is 11,482 mt with a fishery HG of 11,243.7 mt. The 
fishery HG is further apportioned between the trawl and non-trawl 
sectors with 10,843.7 mt going to the trawl sector and 400 mt going to 
the non-trawl sector. 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. In 2024, 
the ACL for yellowtail rockfish north of 40[deg]10' N lat. is 5,291 mt 
with a fishery HG of 4,263.3 mt. The fishery HG is further apportioned 
between the trawl and non-trawl sectors with 88 percent (3,751.7 mt) 
going to the trawl sector and 12 percent (511.6 mt) going to non-trawl.
    LEFG and OA vessels currently land less than 0.1 percent of the 
non-trawl allocations of yellowtail and widow rockfishes. The trip 
limit increases may help facilitate the attainment of the National 
Standard 1 objective to attain but not exceed optimum yield, while 
posing very limited risk to co-occurring stocks. For example, canary 
rockfish are a co-occurring species of concern but are being attained 
well under their non-trawl commercial allocation. Therefore, the 
increase of yellowtail and widow rockfish trip limits would unlikely 
jeopardize their allocation nor create regulatory discards.
    Table 3 below shows status quo and new Council recommend trip 
limits for widow rockfish north of 40[deg]10' N lat., and table 4 shows 
the GMT projected landings for 2024 under those limits. To

[[Page 59683]]

date, fewer than three vessels operating in the LEFG sector have landed 
widow rockfish north of 40[deg]10' N lat. in 2024. None of these 
vessels have come within 50 percent of the trip limit in 2024. 
Therefore, the projection for the LEFG sector in table 4 does not 
change under status quo or the Council Recommendation. In the OA 
sector, there are 12 vessels operating that have landed widow rockfish 
to date in 2024. Fewer than 3 of these vessels have come within 50 
percent of the trip limit.
    There would be no conservation risk to the stock if the trip limits 
increase since it is expected that not many fishery participants would 
take advantage of the Council's recommended higher trip limits and 
under both options the sectors would remain well under one percent of 
the non-trawl allocation of 400 mt. Therefore, the Council recommended 
and NMFS is implementing higher trip limits, by modifying table 2 
(North) to part 660, subpart E, and table 3 (North) to part 660, 
subpart F, for LEFG and OA widow rockfish north of 40[deg]10' N lat. as 
shown in table 3 below. This will allow fishery participants an 
opportunity to harvest a greater amount in fewer trips, when the 
weather permits, so as to promote safety at sea and improve attainment 
of the stock in the non-trawl fishery. These changes will be in effect 
until further revised.

                      Table 3--Status Quo and Council Recommended Trip Limits for LEFG/OA Widow Rockfish North of 40[deg]10' N Lat.
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                Option                      Sector             Area           Jan-Feb      Mar-Apr      May-Jun      Jul-Aug      Sep-Oct      Nov-Dec
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Status Quo............................  LE             N of 40[deg]10' N                          4,000 lbs. (1,814.4 kg)/2 months.
                                                        lat.
                                       -----------------------------------------------------------------------------------------------------------------
                                        OA             N of 40[deg]10' N                           2,000 lbs. (907.2 kg)/2 months.
                                                        lat.
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Council Recommendation................  LE             N of 40[deg]10' N      4,000 lbs. (1,814.4 kg)/2 months.
                                                        lat.
                                               6,000 lbs. (2,721.6 kg)/2 months.
                                       -----------------------------------------------------------------------------------------------------------------
                                        OA             N of 40[deg]10' N       2,000 lbs. (907.2 kg)/2 months.
                                                        lat.
                                               3,000 lbs. (1,360.8 kg)/2 months.
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                        Table 4--GMT Projected Coastwide Widow Rockfish Landings for 2024
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                                                                                         Coastwide
                                               Projected landings   Projected landings   non-trawl        %
             Option                 Sector         (mt) N of            (mt) S of        allocation   Attainment
                                               40[deg]10' N lat.    40[deg]10' N lat.       (mt)
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Status Quo.....................  LE                           1.0                  0.1          400         <0.1
                                 OA                           5.2                  1.5
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Council Recommendation.........  LE                           1.0                  0.1          400         <0.1
                                 OA                           7.1                  1.5
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    Table 5 below shows status quo and new Council recommended trip 
limits for yellowtail rockfish north of 40[deg]10' N lat. and table 6 
shows the projected landings under those limits. To date in 2024, only 
three vessels operating in the LEFG sector have landed yellowtail 
rockfish north of 40[deg]10' N lat. None of these vessels have come 
within 50 percent of the trip limit. Therefore, the projection of 2.3 
mt in landings in the LEFG in 2024 does not change. In the OA sector, 
there are 44 vessels operating that have landed yellowtail rockfish to 
date in 2024, but similarly, none of the vessels have come within 50 
percent of the trip limit. Therefore, it is not expected they would 
attain the limit, as they are still projected at 2.0 mt. regardless of 
the increase in trip limits.
    In 2023, fewer than three vessels reached or exceeded their trip 
limits. There would be no conservation risk to the stock if trip limits 
increase since it is expected that both sectors would remain under one 
percent of the non-trawl allocation. Therefore, the Council recommended 
and NMFS is implementing, higher trip limits by modifying table 2 
(North) to part 660, subpart E, and table 3 (North) to part 660, 
subpart F, to reflect trip limit changes for LEFG and OA yellowtail 
rockfish north of 40[deg]10' N lat., as shown in table 5 below, in 
order to promote safety at sea and increase opportunity for the fishery 
to achieve its 2024 catch limits. These changes will be in effect until 
further revised.

                     Table 5--Status Quo and Alternative Trip Limit Options for LE/OA Yellowtail Rockfish North of 40[deg]10' N Lat.
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                Option                      Sector             Area           Jan-Feb      Mar-Apr      May-Jun      Jul-Aug      Sep-Oct      Nov-Dec
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Status Quo............................  LE             N of 40[deg]10' N                           3,000 lbs. (1,360.8 kg)/month.
                                                        lat.
                                       -----------------------------------------------------------------------------------------------------------------
                                        OA             N of 40[deg]10' N                            1,500 lbs. (680.4 kg)/month.
                                                        lat.
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Council Recommendation................  LE             N of 40[deg]10' N        3,000 lbs. (1,360.8 kg)/month.
                                                        lat.
                                                 4,500 lbs. (2,041.2 kg)/month.
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                                        OA             N of 40[deg]10' N         1,500 lbs. (680.4 kg)/month.
                                                        lat.
                                                  2,500 lbs. (1,134 kg)/month.
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[[Page 59684]]


               Table 6--Projected Yellowtail Rockfish North of 40[deg]10' N Lat. Landings for 2024
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                                                                                     Non-trawl
                  Option                           Sector            Projected      allocation     % Attainment
                                                                   landings (mt)       (mt)
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Status Quo...............................  LE                                2.3             512            <0.1
                                           OA                                2.0
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Council Recommendation...................  LE                                2.3             512            <0.1
                                           OA                                2.0
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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/region/west-coast.
    Pursuant to 5 U.S.C. 553(b), NMFS finds good cause to waive prior 
public notice and an opportunity for public comment on this action, as 
notice and comment would be impracticable and contrary to the public 
interest. The adjustments to management measures in this document 
modify restrictive trip limits to fisheries in Washington, Oregon, and 
California, which were developed to keep catch within allocations 
established by the 2023-2024 harvest specifications. Management 
measures set at the start of a biennial cycle are intended to help the 
fishery attain, but not exceed, the catch limits for each stock. The 
adjustments to commercial non-trawl trip limits for sablefish north of 
36[deg] N lat., widow rockfish north of 40[deg]10' N lat., and 
yellowtail rockfish north 40[deg]10' N lat. implemented through this 
action will improve attainment of these stocks without exceeding their 
2023-2024 catch limits. No aspect of this action is controversial, and 
changes of this nature were anticipated in the final rule for the 2023-
2024 harvest specifications and management measures, which published on 
December 16, 2022 (87 FR 77007).
    Delaying implementation to allow for public comment would likely 
reduce the economic benefits of this action to the commercial fishing 
industry and the businesses that rely on that industry, because it 
would be unlikely that the new regulations would publish and could be 
implemented before the end of the 2024 calendar year. Therefore, 
providing a comment period for this action could significantly limit 
the economic benefits to the fishery, and would hamper the potential to 
achieve optimum yield from the affected fisheries.
    Therefore, the NMFS finds reason to waive the 30-day delay in 
effectiveness pursuant to 5 U.S.C. 553(d)(1) so that this final rule 
may become effective upon publication in the Federal Register. The 
adjustments to management measures in this document affect commercial 
fisheries by increasing opportunity and relieving participants of the 
more restrictive trip limits. These adjustments were requested by the 
Council's advisory bodies, as well as members of industry during the 
Council's June 2024 meeting, and are recommended by the Council. No 
aspect of this action is controversial, and changes of this nature were 
anticipated in the biennial harvest specifications and management 
measures established through a notice and comment rulemaking for 2023-
2024 (December 16, 2022, 87 FR 77007).

List of Subjects in 50 CFR Part 660

    Fisheries, Fishing, Indian fisheries.

    Dated: July 18, 2024.
Lindsay Fullenkamp,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.

    For the reasons set out in the preamble, NMFS amends 50 CFR part 
660 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.


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2. Revise table 2 (North) to part 660, subpart E, to read as follows:
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3. Revise table 2 (South) to part 660, subpart E, to read as follows:
[GRAPHIC] [TIFF OMITTED] TR23JY24.002


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0
4. Revise table 3 (North) to part 660, subpart F, to read as follows:
[GRAPHIC] [TIFF OMITTED] TR23JY24.003


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0
5. Revise table 3 (South) to part 660, subpart F, to read as follows:
[GRAPHIC] [TIFF OMITTED] TR23JY24.004


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[FR Doc. 2024-16134 Filed 7-22-24; 8:45 am]
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