[Federal Register Volume 90, Number 42 (Wednesday, March 5, 2025)]
[Proposed Rules]
[Pages 11242-11246]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2025-03561]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Parts 600 and 660
[RTID 0648-XE525]
Magnuson-Stevens Act Provisions; Fisheries Off West Coast States;
Pacific Coast Groundfish Fishery Management Plan; Amendment 35; Notice
of Availability
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Notice of availability of proposed fishery management plan
amendment; request for comments.
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SUMMARY: NMFS announces that the Pacific Fishery Management Council
(referred to as ``the Council'') has submitted amendment 35 to the
Pacific Coast Groundfish Fishery Management Plan (PCGFMP) to the
Secretary of Commerce for review. If approved, amendment 35 would
define stocks that are in need of conservation and management,
consistent with the provisions and guidelines of the Magnuson-Stevens
Fishery Conservation and Management Act (Magnuson-Stevens Act).
Amendment 35 would define stocks for eight species within the fishery
management unit. These species were prioritized because they are
scheduled for stock assessments in 2025 or in 2027. Amendment 35 is
necessary for NMFS to make stock status determinations, which in turn
will help prevent overfishing, rebuild overfished stocks, and achieve
optimum yield. Amendment 35 is administrative in nature and does not
change harvest levels or timing and location of fishing, nor does it
revise the goals and objectives or the management frameworks of the
PCGFMP.
DATES: Comments on amendment 35 must be received no later than May 4,
2025.
ADDRESSES: You may submit comments on this document, identified by
NOAA-
[[Page 11243]]
NMFS-2025-0012, 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-2025-0012 in the Search box.
Click 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 rulemaking is accessible via the internet at the Office of the
Federal Register website at https://www.federalregister.gov. Background
information and documents including an analysis for this action
(referred to as ``Analysis''), which addresses the statutory
requirements of the Magnuson-Stevens Act are available from the Pacific
Fishery Management Council's website at https://www.pcouncil.org.
FOR FURTHER INFORMATION CONTACT: Abbie Moyer, Fishery Management
Specialist, at 206-305-9601 or [email protected].
SUPPLEMENTARY INFORMATION: NMFS manages the groundfish fisheries in the
exclusive economic zone (EEZ) seaward of Washington, Oregon, and
California under the PCGFMP. The 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 fishery management plan (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 notification that the FMP or amendment is available for public
review and comment. This notification announces that the proposed
amendment 35 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 35 to the PCGFMP.
Background
In 2021, NMFS was unable to make stock status determinations for
stocks that were assessed in 2021, because the ``stocks'' for which the
Council was expecting status determinations did not exist in the
PCGFMP. At that time, the PCGFMP contained a list of over 80 species
and did not describe whether each species is a single stock within the
fishery management unit or if it is multiple (e.g., regional) stocks.
NMFS requested that the Council undertake amendment 31 to define stocks
for 14 of those species listed in the PCGFMP at its March 8-14, 2022
meeting in San Jose, California. The Council prioritized a sub-set of
species, because they were subject to stock assessments in 2021 or were
subject to stock assessments in 2023, and were therefore the most
likely candidates to be the subject of NMFS' forthcoming status
determinations, which are often based on new assessments. Amendment 31
was published on November 16, 2023 (88 FR 78677).
At its November 13-18, 2024 meeting in Costa Mesa, California, the
Council recommended stock definitions for eight species of Pacific
Coast groundfish (chilipepper rockfish, English sole, redbanded
rockfish, rougheye/blackspotted rockfish (a cryptic pair), widow
rockfish, yellowtail rockfish, and yelloweye rockfish) that will have
stock assessments in 2025 or in 2027 (priority species) so that NMFS
may be able to make stock status determinations. Amendment 35 would
define stocks for eight species within the fishery management unit
(FMU; the jurisdiction of the FMP from 3 to 200 nautical miles offshore
between the United States border with Canada and the United States
border with Mexico, which may also be referred to as ``coastwide'')
that require conservation and management.
The goal of this process is to create stock definitions for all
Pacific coast groundfish species in need of conservation and
management. Given time constraints, this process to develop stock
definitions for all managed Pacific coast groundfish species is a
multi-phase process. The Council is pursuing a process for stock
definitions for the remaining species in the PCGFMP under another
action. The current proposed amendment 35 overlaps with that action but
will allow NMFS to make stock status determinations and allow the
Council to initiate the 2027-2028 biennial harvest specifications and
management measure process based upon new stock definitions for those
species assessed in 2025. This amendment is administrative in nature,
and the economic impacts, if any, will come when stock assessments are
completed, the status of the stocks are determined by NMFS, and
appropriate fishery management actions are taken by the Council.
During the development of amendment 31, the Council was advised by
the Scientific and Statistical Committee (SSC) that indications of
population structure within a species should be an indicator of whether
stock status should be determined at a finer scale than coastwide.
Therefore, the Council evaluated a literature review of the best
scientific and biological information available for each species, which
is appended to the Analysis developed for amendment 35, available on
the Council website (see Electronic Access section).
The Analysis considered a single stock definition alternative for
most of the priority species except yelloweye rockfish and yellowtail
rockfish, as explained below. Generally, species with no known
population structure, based on the literature review, or with known
single-population structure based on genetic information, were
considered under a single stock definition alternative. Based on best
scientific information available along with past and recent fishery
management and policy decisions, yellowtail rockfish was only
considered under one alternative defining it as two stocks, one stock
north of latitude (lat.) 40[deg]10' N and one stock south of lat.
40[deg]10' N. Yelloweye rockfish had no known indicators of population
structure, but was noted by the SSC at the June 2024 Council meeting
for having uncertainty in movement rates. Therefore, yelloweye rockfish
was initially considered under two alternatives: one as a single stock
definition and a second alternative defining it as two stocks (one as a
Washington and Oregon stock and one as a California stock). The second
alternative for yelloweye rockfish was later removed from further
consideration due to insufficient scientific support to warrant stock
structure finer than coastwide at the time.
[[Page 11244]]
The Analysis assumed each alternative stock definition was adopted,
then applied the PCGFMP's harvest specifications framework to each
stock to assess some of the biological, socioeconomic, and fishery
management trade-offs that might be expected from implementation of
future management actions based on the alternative stock definitions.
Impacts of these stock definitions are expected to flow from future,
subsequent action(s) to set harvest specifications and management
measures for the stock(s), but the Analysis provided information for
the Council to consider in making its decision. The Council considered
these tradeoffs when making its final stock definition recommendations
at its November 13-18, 2024 meeting. The following narrative provides
species-specific information, in alphabetical order by common name, and
rationale for the stock definition for each species that would be
implemented by amendment 35.
Chilipepper Rockfish (Sebastes goodei)
Chilipepper rockfish (Sebastes goodei) range from British Columbia
to the United States-Mexico border, with peak abundance near Cape
Mendocino, California and declines north of Cape Blanco, Oregon.
Chilipepper rockfish are an important commercial target species in
California waters and were historically an important recreational
target in southern California waters. There is no evidence of
population structure for chilipepper rockfish, and information is
limited on larval dispersal distances and adult movement rates.
Stock assessments have been conducted on a coastwide scale since
2007. Prior to 2007, chilipepper rockfish were assessed in the area
south of lat. 40[deg]10' N where they are predominantly found. The 2007
chilipepper rockfish stock assessment was extended to their entire west
coast range through waters off Oregon. To date, chilipepper rockfish
have been managed with stock-specific harvest specifications south of
lat. 40[deg]10' N and as part of the Shelf Rockfish Complex north of
lat. 40[deg]10' N. The harvest specifications that are compared to
mortality estimates to assess whether the species is subject to
overfishing are derived from the coastwide stock assessment. The
overfishing limit (OFL)/acceptable biological catch (ABC)/annual catch
limit (ACL) is then apportioned to each area north and south of lat.
40[deg]10' N. Although the ACL scale is less than coastwide, by
application of the harvest specifications framework in the PCGFMP, a
coastwide ACL is calculated using a coastwide ACL control rule and then
the ACL is subsequently apportioned north and south. Under a single
coastwide stock definition, this management structure is assumed to
continue and is not expected to trigger future allocative actions,
increase management burden during the next biennial cycle compared to
2025-2026 or result in short-term or long-term biological impacts if
status is determined at a coastwide scale. The only alternative the
Council considered was a coastwide stock definition, as only a single
geographic delineation clearly aligned well with the best scientific
information available and aligns with past and recent fishery
management and policy decisions for the species. Therefore, the Council
recommended and NMFS is proposing to approve a single stock of
chilipepper rockfish in the PCGFMP.
English Sole (Parophrys vetulus)
English Sole (Parophrys vetulus) range from Unimak Island in Alaska
to Baja California, Mexico. English sole are primarily caught by
groundfish bottom trawls. Current literature has found little genetic
diversity among sampled individuals, and there is no evidence to
support a stock delineation on a finer geographic scale than coastwide.
The harvest specifications that are compared to mortality estimates to
assess whether the species is subject to overfishing have been set at a
coastwide scale. English sole's single, coastwide ACL is formally
allocated in the PCGFMP between trawl and non-trawl fisheries. Defining
English sole as a stock at a coastwide scale is not expected to trigger
future allocative actions, increase management burden during the next
biennial cycle compared to 2025-2026, or result in short-term or long-
term biological impacts if status is determined at a coastwide scale.
The only alternative the Council considered was a coastwide stock
definition, as only a single geographic delineation clearly aligned
well with past and recent fishery management and policy decisions for
the species as well as best scientific information available.
Therefore, the Council recommended and NMFS is proposing to approve a
single stock of English sole in the FMP.
Redbanded Rockfish (Sebastes babcocki)
Redbanded rockfish (Sebastes babcocki) range from the Gulf of
Alaska to southern California but are most abundant in southeast
Alaska. Redbanded rockfish do not have a directed fishery and are
considered a data-limited species. While population structure remains
poorly understood, there are no known indications that the species has
distinct geospatial population structure. To date, redbanded rockfish
has not been fully assessed. Using the Depletion-Based Stock Reduction
Analysis (DB-SRA) method, redbanded rockfish was included in estimates
of sustainable yield for data poor stocks in the PCGFMP in 2010. Since
then, revisions to the OFL contributions to correct several errors were
made and have provided the current values used in harvest
specifications and management. Redbanded rockfish are managed north and
south of lat. 40[deg]10' N in the Slope Rockfish Complex. OFL values
are apportioned to management areas north and south of lat. 40[deg]10'
N based on cumulative catch data. ACL contribution is calculated using
a coastwide ACL control rule and then the ACL contribution is
subsequently apportioned north and south. Under a single coastwide
stock definition, this management structure is assumed to continue and
is not expected to trigger future allocative actions, increase
management burden during the next biennial cycle compared to 2025-2026,
or result in short-term or long-term biological impacts if status is
determined at a coastwide scale. The only alternative the Council
considered was a coastwide stock definition, as only a single
geographic delineation aligned well with the best scientific
information available, and is unlikely to require the Council to
consider changes to fishery management and policy decisions for the
species. Therefore, the Council recommended and NMFS is proposing to
approve a single stock of redbanded rockfish in the PCGFMP.
Rougheye/Blackspotted Rockfishes (Sebastes aleutianus and Sebastes
melanostictus)
Rougheye rockfish (Sebastes aleutianus) and blackspotted rockfish
(Sebastes melanostictus) are a pair of cryptic species that share broad
overlap in their depth and geographic distributions. They range from
Japan to the Bering Sea and south to Point Conception, California.
Although not targeted, rougheye/blackspotted rockfish are desirable and
marketable and are often caught in the bottom trawl, midwater trawl and
longline fisheries. It is very difficult to visually distinguish
between the two species, and it wasn't until genetic studies in the
early 2000s that the two separate species were identified and
described. Therefore, they are treated in assessments and fishery
management as a single cryptic species pair. The species have been
[[Page 11245]]
assessed as a single geographic unit within the FMU since 2013.
Rougheye/blackspotted rockfish are managed north and south of lat.
40[deg]10' N in the Slope Rockfish Complex. Coastwide OFL values are
apportioned to management areas north and south of lat. 40[deg]10' N
based on average historical catch. The ACL contribution is calculated
using a coastwide ACL control rule and then the ACL contribution is
subsequently apportioned north and south. Under a single coastwide
stock definition, this management structure is assumed to continue and
is not expected to trigger future allocative actions, increase
management burden during the next biennial cycle compared to 2025-2027,
or result in short-term or long-term biological impacts if status is
determined at a coastwide scale. The Council recommended and NMFS is
proposing a single stock of rougheye/blackspotted rockfish in the FMU
due to a lack of scientific evidence of distinct population structure
off the U.S west coast. A single geographic delineation aligned well
with the best scientific information available and is unlikely to
require the Council to consider changes to fishery management and
policy decisions for the cryptic species pair.
Widow Rockfish (Sebastes entomelas)
Widow Rockfish (Sebastes entomelas) range from southeast Alaska to
Baja California, Mexico and are most abundant from British Columbia to
northern California. Widow rockfish are an important commercial species
from British Columbia to central California and are a minor component
in the recreational groundfish fishery. All life stages are pelagic,
but older juveniles and adults are often associated with the bottom.
Survey-based indices of abundance suggest similar biomass densities of
widow rockfish from Washington to California. While population
structure remains poorly understood, current literature found no
genetic variation among widow rockfish along the California coast.
There are no known indications that the species has distinct geospatial
population structure. Using two models separated at Coos Bay, Oregon,
the species has been assessed as a single geographic unit within the
FMU since its first U.S west coast assessment in 1988, including
throughout the period where it was managed under a rebuilding plan
(2004-2014). In 2010, a coastwide assessment produced results
comparable to a two-area model. The harvest specifications that are
compared to mortality estimates to assess whether the species is
subject to overfishing have been set at a coastwide scale throughout
the period the species was managed under a rebuilding plan and in its
current rebuilt status (2012-present). Defining widow rockfish as a
stock at a coastwide scale is not expected to trigger future allocative
actions, increase management burden during the next biennial cycle
compared to 2025-2026, or result in short-term or long-term biological
impacts if status is determined at a coastwide scale. The only
alternative the Council considered was a coastwide stock definition, as
only a single geographic delineation clearly aligned well with past and
recent fishery management and policy decisions for the species as well
as best scientific information available. Therefore, the Council
recommended and NMFS is proposing to approve a single stock of widow
rockfish in the PCGFMP.
Yelloweye Rockfish (Sebastes ruberrimus)
Yelloweye Rockfish (Sebastes ruberrimus) range from the western
Gulf of Alaska to northern Baja California, Mexico and are common from
Central California northward to the Gulf of Alaska. Yelloweye rockfish
are caught coastwide in all sectors of the Pacific groundfish fishery
but are more commonly caught with hook and line gears. Literature
suggests there may be genetic separation between yelloweye rockfish in
the Strait of Georgia (British Columbia) and the outer coasts of
Washington but show the coastal populations are not genetically
distinct from each other. Information on genetics, larval dispersal,
and spatial variation in life history traits with which to assess stock
structure for yelloweye rockfish is limited. Recent literature,
however, suggests there may be a high degree of population connectivity
along the U.S. west coast due to evidence of greater adult movement
rates than were previously documented.
Using multiple area assessments, the species has been assessed as a
single geographic unit within the FMU since its first U.S west coast
assessment in 2001, including throughout the period where it has been
managed under a rebuilding plan (2004-present). For over 20 years, the
harvest specifications that are compared to mortality estimates to
assess whether the species is subject to overfishing have been set at a
coastwide scale. Defining yelloweye rockfish as a single coastwide
stock is not expected to trigger future allocative actions, increase
management burden during the next biennial cycle compared to 2025-2026,
or result in short-term or long-term biological impacts if status is
determined at a coastwide scale. The Council recommended and NMFS is
proposing a single stock of yelloweye rockfish due to a lack of
scientific evidence to support a discernable population structure. A
single geographic delineation for yelloweye rockfish aligned well with
past and recent fishery management and policy decisions for the species
as well as best scientific information available.
Yellowtail Rockfish (Sebastes flavidus)
Yellowtail rockfish (Sebastes flavidus) range from the Aleutian
Islands to Baja California, Mexico with peak abundance from British
Columbia, Canada to Oregon. The species is commonly caught in both
commercial and recreational fisheries throughout its range. Studies
have shown a genetic break in yellowtail rockfish along the coast,
indicating two separate stocks separated by Cape Mendocino, California
(approximately one north of and one south of lat. 40[deg]10' N).
Yellowtail rockfish is managed with stock-specific harvest
specifications north of lat. 40[deg]10' N and within the southern Shelf
Rockfish complex south of lat. 40[deg]10' N. Yellowtail rockfish on the
U.S. west coast north of lat. 40[deg]10' N were first assessed in 1984,
and there has never been an assessment of the southern population.
Attempts have been made to assess the southern population using data-
moderate methods, though, a southern model sufficiently robust for use
in management could not be developed. The OFL contribution of
yellowtail rockfish to the southern Shelf Rockfish complex is based on
a DB-SRA estimate. Harvest specification values that are compared to
mortality estimates to assess whether the species is subject to
overfishing for the population north of lat. 40[deg]10' N are based on
stock assessment work.
Defining yellowtail rockfish as a northern stock and a southern
stock within the FMU is not expected to trigger future allocative
actions, increase management burden during the next biennial cycle
compared to 2025-2026, or result in short-term or long-term biological
impacts if status is determined at that scale. The only alternative the
Council considered was a two-stock definition (yellowtail rockfish
north of lat. 40[deg]10' N and yellowtail rockfish south of lat.
40[deg]10' N), as only this geographic delineation clearly aligned well
with past and recent fishery management and policy decisions for the
species as well as best scientific information available. Therefore,
the Council recommended and NMFS is proposing two yellowtail rockfish
stocks in the PCGFMP.
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Summary
The Council recommended defining 8 stocks for 8 species within the
over 80 managed groundfish species within the FMU, as described in
table 1. The Council has begun a comprehensive effort to define all
remaining groundfish species in the FMP as part of a separate action.
Table 1--Groundfish Stocks Within the FMU of the PCGFMP and Their
Boundaries, as Proposed To Be Amended Through Amendment 35
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Species scientific
Stock name Stock boundaries
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Rockfish:
Chilipepper Rockfish........ Sebastes goodei... Pacific West Coast
FMU.
Redbanded Rockfish.......... S. babcocki....... Pacific West Coast
FMU.
Rougheye/Blackspotted S. aleutiamus/S. Pacific West Coast
Rockfish. melanostictus. FMU.
Widow Rockfish.............. S. entomelas...... Pacific West Coast
FMU.
Yellowtail Rockfish North... S. flavidus....... North of lat.
40[deg]10' N.
Yellowtail Rockfish South... S. flavidus....... South of lat.
40[deg]10' N.
Yelloweye Rockfish.......... S. ruberrimus..... Pacific West Coast
FMU.
Flatfish:
English Sole................ Parophrys vetulus. Pacific West Coast
FMU.
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Authority: 16 U.S.C. 1801 et seq.
Dated: February 28, 2025.
Karen H. Abrams,
Acting Director, Office of Sustainable Fisheries, National Marine
Fisheries Service.
[FR Doc. 2025-03561 Filed 3-4-25; 8:45 am]
BILLING CODE 3510-22-P