[Federal Register Volume 89, Number 149 (Friday, August 2, 2024)]
[Proposed Rules]
[Pages 63153-63154]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-17067]



[[Page 63153]]

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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 660

RIN 0648-BN08


Magnuson-Stevens Act Provisions; Fisheries Off West Coast States; 
Pacific Coast Groundfish Fishery; Pacific Coast Groundfish Fishery 
Management Plan; Amendment 33; 2025-26 Biennial Specifications and 
Management Measures

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

ACTION: Announcement of availability of proposed fishery management 
plan amendment; request for comments.

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SUMMARY: NMFS announces that the Pacific Fishery Management Council 
submitted amendment 33 to the Pacific Coast Groundfish Fishery 
Management Plan to the Secretary of Commerce for review. If approved, 
amendment 33 would implement a rebuilding plan for California quillback 
rockfish and modify the allocation framework for shortspine thornyhead. 
Amendment 33 is necessary to rebuild overfished stocks, achieve optimum 
yield, and ensure management measures are based on the best scientific 
information available. It is intended to promote the goals and 
objectives of the Pacific Coast Groundfish Fishery Management Plan.

DATES: Comments on amendment 33 must be received on or before October 
1, 2024.

ADDRESSES: You may submit comments on this document, identified by 
NOAA-NMFS-2024-0065, by the following method:
     Electronic Submission: Submit all electronic public 
comments via the Federal e-Rulemaking Portal. Go to https://www.regulations.gov and enter NOAA-NMFS-2024-0065, in the Search box. 
Click on the ``Comment'' icon, complete the required fields, and enter 
or attach your comments.
    Instructions: Comments must be submitted by the above method to 
ensure that the comments are received, documented, and considered by 
NMFS. Comments sent by any other method, to any other address or 
individual, or received after the end of the comment period, may not be 
considered. All comments received are a part of the public record and 
NMFS will post for public viewing on https://www.regulations.gov 
without change. All personal identifying information (e.g., name, 
address, etc.), confidential business information, or otherwise 
sensitive information submitted voluntarily by the sender is publicly 
accessible. NMFS will accept anonymous comments (enter ``N/A'' in the 
required fields if you wish to remain anonymous).

Electronic Access

    This notification of availability is accessible via the internet at 
the Office of the Federal Register website at https://www.federalregister.gov/. Information relevant to amendment 33, which 
includes a draft Environmental Assessment, a regulatory impact review, 
a Regulatory Flexibility Act certification, and a Magnuson Stevens 
Fishery Conservation and Management Act (Magnuson-Stevens Act) analysis 
(collectively termed the ``Analysis''), are accessible via the internet 
at the NMFS West Coast Region website at: https://www.fisheries.noaa.gov/west-coast/laws-and-policies/west-coast-region-national-environmental-policy-act-documents.

FOR FURTHER INFORMATION CONTACT: Lynn Massey, phone, or email: 562-900-
2060, [email protected].

SUPPLEMENTARY INFORMATION: NMFS manages the groundfish fisheries in the 
exclusive economic zone (EEZ) seaward of Washington, Oregon, and 
California under the Pacific Coast Groundfish fishery management plan 
(PCGFMP). The Pacific Fishery Management Council (Council) prepared, 
and NMFS implemented the PCGFMP under the authority of the Magnuson-
Stevens Act, 16 U.S.C. 1801 et seq. and by regulations at 50 CFR parts 
600 and 660. The Magnuson-Stevens Act requires that each regional 
fishery management council submit any FMP or plan amendment it prepares 
to NMFS for review and approval, disapproval, or partial approval by 
the Secretary of Commerce. The Magnuson-Stevens Act also requires that 
NMFS, upon receiving an FMP or amendment, immediately publish a notice 
that the FMP or amendment is available for public review and comment. 
This notification announces that the proposed amendment 33 to the 
PCGFMP is available for public review and comment. NMFS will consider 
the public comments received during the comment period described above 
in determining whether to approve, partially approve, or disapprove 
amendment 33 to the PCGFMP.

Background

    Every 2 years, the Council recommends harvest specifications and 
management measures to NMFS for most of the stocks and management units 
that are managed via the PCGFMP. Most of these harvest specifications 
and management measures can be implemented by amending the regulations 
published in the Code of Federal Regulations, however, in some cases, 
these changes necessitate amending the PCGFMP. Amendment 33 constitutes 
the portion of the 2025-26 groundfish harvest specifications and 
management measures action that necessitates a change to the PCGFMP. 
Specifically, amendment 33 would: (1) implement a rebuilding plan for 
California quillback rockfish, and (2) amend the allocation framework 
for shortspine thornyhead. The rest of 2025-26 groundfish harvest 
specifications and management measures will be described in a 
forthcoming proposed rule that will publish in the near future.

Rebuilding Plan for California Quillback Rockfish

    The Council recommended, and NMFS is proposing, the implementation 
of a rebuilding plan for California quillback rockfish. NMFS declared 
California quillback rockfish overfished in December 2023, in response 
to a data moderate assessment conducted by the Northwest Fisheries 
Science Center (NWFSC) in 2021 (Agenda Item E.2, Attachment 4, November 
2021). When NMFS declares a stock overfished, the Council must develop 
and manage the stock in accordance with a rebuilding plan (Magnuson-
Stevens Act at section 304(e)(3)), which must include certain 
rebuilding parameters, including Tmin, Tmax, and Ttarget. Tmin means 
the amount of time the stock or stock complex would be expected to take 
to rebuild to its maximum sustainable yield (MSY) biomass level in the 
absence of any fishing mortality (50 CFR 600.310(j)(3)(i)(A)). Tmax 
means the maximum time allowable for rebuilding a stock or stock 
complex to its MSY biomass. If Tmin for the stock or stock complex is 
10 years or less, then Tmax is automatically 10 years. If Tmin for the 
stock or stock complex exceeds 10 years, then Tmax must be calculated 
as Tmin plus the length of time associated with one generation time for 
that stock or stock complex. ``Generation time'' is the average length 
of time between when an individual is born and the birth of its 
offspring. Ttarget means the specified time period for rebuilding a 
stock that is considered to be as short a

[[Page 63154]]

time as possible, taking into account the status and biology of the 
overfished stock, the needs of fishing communities, recommendations by 
international organizations in which the U.S. participates, and the 
interaction of the stock within the marine ecosystem (50 CFR 
600.310(j)(3)(i)). In March 2024, the Council adopted the California 
quillback rockfish rebuilding analysis (Agenda Item F.2 Attachment 1 
March 2024), which specified the following rebuilding parameters: Tmin 
= 2045, Tmax = 2071, and mean generation time of 26 years.
    The Council prepared a Rebuilding Plan Analysis, which describes 
the four rebuilding strategies considered for California quillback 
rockfish (Agenda Item F.6 Supplemental Revised Attachment 3 June 2024). 
The Council recommended Alternative 2 (the ``acceptable biological 
catch (ABC) rule'' rebuilding strategy) as its final preferred 
alternative for California quillback rockfish rebuilding. This 
rebuilding strategy includes a harvest control rule that sets the 
annual catch limit (ACL) equal to the ABC, with a management risk 
tolerance of P* = 0.45 and the scientific uncertainty (time-varying 
sigma) reduction applied to the overfishing limit (OFL). This 
rebuilding strategy identifies Ttarget as 2060. As shown in the 
Rebuilding Plan Analysis, Alternative 2 is projected to rebuild the 
stock by 2060 with 73.6 percent probability of rebuilding by 2071 
(Tmax). Accordingly, the final preferred rebuilding strategy is 
anticipated to rebuild the stock within the Magnuson-Stevens Act 
mandated timeframe, while still providing a limited amount of fishing 
opportunity, and thus rebuilding in as short a time as possible while 
taking into account the status and biology of the overfished stock and 
the needs of fishing communities. A proposed rule to implement 
amendment 33 will soon be published alongside an updated Rebuilding 
Plan Analysis that reflects the Council's final preferred rebuilding 
strategy.
    Chapter 4 of the PCGFMP describes the Council's rebuilding 
policies. The proposed revision would add a new section to this chapter 
(section 4.6.3.7) describing the rebuilding plan for California 
quillback rockfish, including the rebuilding parameters described 
above. This section would also describe the existing rebuilding plan 
for yelloweye rockfish. In prior PCFFMP documents, the rebuilding 
species section has been included as appendix F, which describes the 
history of the Council's rebuilding plans. With the exception of 
yelloweye rockfish, all stocks described in appendix F have rebuilt. 
Therefore, the Council and NMFS propose removing appendix F from the 
PCGFMP and adding that information to the Stock Assessment and Fishery 
Evaluation (SAFE) document to preserve the historical rebuilding plan 
information. This amendment would only keep extant rebuilding plans in 
the PCGFMP.

Change to the Allocation Framework for Shortspine Thornyhead

    The Council recommended, and NMFS is proposing, modifying the 
allocation framework for shortspine thornyhead. Shortspine thornyhead's 
allocation structure was established via amendment 21 to the PCGFMP 
(see https://www.pcouncil.org). It has a coastwide OFL and ABC, and two 
area-specific ACLs and fishery harvest guidelines (HGs) for north and 
south of 34[deg]27' north latitude (N lat.). The existing ACL 
apportionment method is based on the available data (2003-2012) from 
the NWFSC West Coast Bottom Trawl survey, at the time of the previous 
assessment conducted in 2013. This has resulted in approximately 70 
percent of the estimated biomass being apportioned to the ACL north of 
34[deg]27' N lat. for the past 5 years (Agenda Item E.5.a, Supplemental 
GMT Report 1, November 2023). For north of 34[deg]27' N lat., the trawl 
sector has been allocated 95 percent of the HG and the non-trawl sector 
allocated 5 percent of the HG. For south of 34[deg]27' N lat., the 
trawl sector has been allocated a fixed 50 metric tons of the HG, with 
the non-trawl sector receiving the remainder of the HG.
    As a result of the 2023 shortspine thornyhead stock assessment 
(Agenda Item G.2 Attachment 4 September 2023), which indicates that the 
stock will be in the precautionary zone, shortspine thornyhead ACLs in 
the 2025-26 biennium are expected to be constraining for both the trawl 
and non-trawl sectors in the area north of 34[deg]27' N lat. For the 
trawl sector, under the existing allocation framework, there would be 
substantial individual fishing quota reductions. For the non-trawl 
sector, trip limits for the limited entry fixed gear fishery would have 
to be so low that a targeted fishery is unlikely to be prosecuted. 
Shortspine thornyhead has been chronically under-attained in the area 
south of 34[deg]27' N lat.; therefore, combining the trawl and non-
trawl allocations into coastwide allocations would allow for more 
flexible use of that allocation in issuing trawl quota and setting non-
trawl trip limits. To achieve this, the Council and NMFS would set a 
coastwide ACL and HG (as opposed to two area-specific ACLs and HGs) for 
2025 and beyond. Additionally, the Council recommended, and NMFS is 
proposing, to shift the trawl/non-trawl allocation of shortspine 
thornyhead from an allocation specified in the PCGFMP to a 2-year 
allocation, specified in regulation.
    Chapter 6 of the PCGFMP describes routine management measures used 
to manage Pacific Coast groundfish fisheries, including allocations. 
Further, table 1 of section 6.3.2.3 describes formal allocations 
established via amendment 21. The Council recommended and NMFS is 
proposing to remove the allocation amounts for shortspine thornyhead 
north and south of 34[deg]27' N lat. from table 1. This change would 
effectively remove the management line at 34[deg]27' N lat., allowing 
the Council and NMFS to set a coastwide ACL and HG. This change is 
anticipated to provide needed fishing opportunity for limited entry 
fishermen north of 34[deg]27' N lat., while still preserving fishing 
opportunity for fishermen south of 34[deg]27' N lat., as well prevent 
overfishing.

Public Comment

    NMFS welcomes comments on the proposed PCGFMP amendment through the 
end of the comment period. A proposed rule to implement amendment 33 
has been submitted for Secretarial review and approval. NMFS expects to 
publish and request public review and comment on proposed regulations 
to implement amendment 33 in the near future. For public comments on 
the proposed rule to be considered in the approval or disapproval 
decision on amendment 33, those comments must be received by the end of 
the comment period on the amendment. All comments received by the end 
of the comment period for the amendment, whether specifically directed 
to the amendment or the proposed rule, will be considered in the 
approval/disapproval decision.

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

    Dated: July 29, 2024.
Lindsay Fullenkamp,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2024-17067 Filed 8-1-24; 8:45 am]
BILLING CODE 3510-22-P