57400 Federal Register / Vol. 88, No. 162 / Wednesday, August 23, 2023 / Proposed Rules 

References Cited 

A list of the references cited in each 

petition finding is available in the 

relevant species assessment form, which 

is available on the internet at https://

www.regulations.gov in the appropriate 

docket (see ADDRESSES, above) and upon 

request from the appropriate person (see 

FOR FURTHER INFORMATION CONTACT, 

above). 

Authors 

The primary authors of this document 

are the staff members of the Species 

Assessment Team, Ecological Services 

Program. 

Authority 

The authority for this action is section 

4 of the Endangered Species Act of 

1973, as amended (16 U.S.C. 1531 et 

seq.). 

Wendi Weber, 

Acting Director, U.S. Fish and Wildlife 

Service. 

[FR Doc. 2023–18260 Filed 8–22–23; 8:45 am] 

BILLING CODE 4333–15–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 660 

[RTID 0648–XC971] 

Magnuson-Stevens Act Provisions; 

Fisheries Off West Coast States; 

Pacific Coast Groundfish Fishery 

Management Plan; Amendment 31 

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. 

SUMMARY: NMFS announces that the 

Pacific Fishery Management Council 

has submitted Amendment 31 to the 

Pacific Coast Groundfish Fishery 

Management Plan to the Secretary of 

Commerce for review. If approved, 

Amendment 31 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. 

Amendment 31 would define stocks for 

14 species within the fishery 

management unit. These species were 

prioritized because they had stock 

assessments in 2021 or will have 

assessments in 2023. Amendment 31 is 

necessary for NMFS to make stock 

status determinations, which in turn 

will help prevent overfishing, rebuild 

overfished stocks, and achieve optimum 

yield. Amendment 31 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 Pacific Coast 

Groundfish Fishery Management Plan. 

DATES: Comments on Amendment 31 

must be received no later than October 

22, 2023. 

ADDRESSES: You may submit comments 

on this document, identified by NOAA– 

NMFS–2023–0066, 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–2023–0066 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 rule 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 (Analysis), 

which addresses the statutory 

requirements of the Magnuson Stevens 

Fishery Conservation and Management 

Act (Magnuson-Stevens Act) are 

available from the Pacific Fishery 

Management Council’s website at 

https://www.pcouncil.org. 

FOR FURTHER INFORMATION CONTACT: 

Gretchen Hanshew, Fishery 

Management Specialist, at 206–526– 

6147 or gretchen.hanshew@noaa.gov. 

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 Council prepared and NMFS 

implemented the PCGFMP under the 

authority of the Magnuson-Stevens 

Fishery Conservation and Management 

Act (Magnuson-Stevens Act), 16 U.S.C. 

1801 et seq. and by regulations at 50 

CFR parts 600 and 660. The MagnusonStevens 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 a notification that the FMP or 

amendment is available for public 

review and comment. This notice of 

availability announces that the 

proposed Amendment 31 to the FMP 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 31 to the FMP. 

Background 

Amendment 31 would define stocks 

that are in need of conservation and 

management. Amendment 31 would 

define stocks for 14 species within the 

fishery management unit (FMU; the 

jurisdiction of the FMP from 3–200 

nautical miles offshore between the U.S. 

border with Canada and the U.S. border 

with Mexico, which may also be 

referred to as ‘‘coastwide’’). 

At its June 20–27, 2023 meeting in 

Vancouver, Washington, the Council 

recommended stock definitions for 14 

species of Pacific Coast groundfish after 

NMFS was unable to make stock status 

determinations in 2021. NMFS was 

unable to make stock status 

determinations because the ‘‘stocks’’ for 

which the Council was expecting status 

determinations did not exist in the FMP. 

Currently, the FMP has a list of 80+ 

species to which it pertains, and does 

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 at its March 8–14, 2022 meeting 

in San Jose, California. NMFS advised 

the Council that it should define the 

stocks for which stock status 

determinations were changing in 2021 

and 2023, and to add those definitions 

to the FMP. In particular, NMFS was 


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seeking clarifications on whether 

species should have overfished (or not 

overfished) and subject to overfishing 

(or not subject to overfishing) status 

determinations on a scale that is less 

than coastwide. 

The Council prioritized a sub-set of 

species, because there are 80+ species 

managed by the FMP, be considered for 

stock identification in Amendment 31. 

These species are black, canary, copper, 

quillback, squarespot, vermilion, and 

vermilion/sunset rockfishes; Dover, 

petrale, and rex soles; lingcod, Pacific 

spiny dogfish, sablefish, and shortspine 

thornyhead. These species were 

prioritized because they were subject to 

stock assessments in 2021 or are 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. 

Early in 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. The Council 

evaluated a literature review of the best 

scientific and biological information 

available for each species, which is 

appended to the main analytical 

document (Analysis) developed for 

Amendment 31, available on the 

Council website (see Electronic Access). 

The Analysis considered alternative 

stock definitions for each species where 

applicable, as some species only had 

one stock definition alternative, as 

explained below. Generally, species 

with no known population structure, 

based on the literature review, or with 

known population structure based on 

genetic information, were considered 

under a single stock definition 

alternative. The rest of the species had 

known indicators of population 

structure but were lacking or had 

conflicting genetic indicators of 

latitudinal variation and were therefore 

considered under multiple stock 

definition alternatives. For species with 

multiple alternatives, the Analysis 

assumed each alternative stock 

definition was adopted, then applied 

the FMP’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 June 

20–27, 2023 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 

31. 

Black Rockfish (Sebastes Melanops) 

Black rockfish range from Southern 

California to the Aleutian Islands in 

Alaska and occur most commonly north 

of San Francisco, California. Black 

rockfish are an important target species 

in Pacific Coast tribal fisheries off the 

coast of Washington State and in nontribal commercial and recreational 

fisheries predominantly north of San 

Francisco, California. While overall 

population structure remains poorly 

understood, there are some indications 

that the species may have distinct 

geospatial population structure. Genetic 

work has indicated three, or perhaps 

more, populations within the species’ 

range, and larval dispersal and adult 

movement are limited, to varying 

degrees, along the coast. All black 

rockfish assessments (1999 through 

2023) have been assessed with multiple, 

area-specific, models within the FMU 

due to management considerations and 

differences in exploitation history. The 

Council has calculated harvest 

specifications and managed black 

rockfish as three state-specific 

populations since 2017 and defining 

three stocks of black rockfish is not 

expected to trigger future allocative 

actions, increase management burden 

during the next biennial cycle compared 

to 2023, or result in short-term or longterm biological impacts if status is 

determined at a coastwide scale. 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 to approve three stocks of 

black rockfish in the FMP. 

Canary Rockfish (Sebastes Pinniger) 

Canary rockfish are distributed along 

the northeastern Pacific coast, and the 

species is most abundant from British 

Columbia to central California. Canary 

rockfish are mostly harvested in sectors 

of the commercial and recreational nontribal fisheries within the FMU. While 

population structure remains poorly 

understood, there are no known 

indications that the species has distinct 

geospatial population structure. The 

species has been assessed as a single 

geographic unit within the FMU since 

its first assessment in 1994, including 

throughout the period where it was 

managed under a rebuilding plan (2001– 

2014). The harvest specifications that 

are compared to mortality estimates to 

assess whether the species is subject to 

overfishing (currently overfishing limits 

[OFLs] and before 2005 called 

acceptable biological catches, or ABCs), 

have been set at a coastwide level 

throughout the period the species was 

managed under a rebuilding plan and in 

its current rebuilt status (2015–present). 

The Council cooperatively manages this 

species at a coastwide scale, with 

allocative sharing agreements between 

states and fishery sectors decided every 

2 years through the harvest 

specifications and management 

measures biennial process. Defining 

canary 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 2023, or result in shortterm 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 canary rockfish in the 

FMP. 

Copper Rockfish (Sebastes Caurinus) 

Copper rockfish are distributed from 

Mexico to Alaska. Within the FMU, 

copper rockfish are predominantly 

harvested in recreational fisheries, but 

are also harvested in nearshore 

commercial fisheries to varying degrees 

along the coast. While population 

structure remains poorly understood, 

there are some indications that the 

species may have distinct geospatial 

population structure. Multiple studies 

have found genetic differentiation 

within the species’ distribution, likely 

due to some level of isolation. Isolation 

could be a result of lack of larval 

dispersal or adult movement, patchiness 

of their preferred rocky habitat along 

parts of the coast, or other factors. 

Copper rockfish have been managed for 

years at a less than coastwide scale, and 

was assessed in 2021 and 2023 using 

models at a less than coastwide scale. 

The geographic stratification of the 

assessment areas is primarily driven by 

differences in current and historical 


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harvest intensity. There is no known 

scientific evidence that there is distinct 

population structure for copper rockfish 

between the two assessed areas of the 

coasts off of Washington and Oregon, or 

between the two assessed areas off the 

coast of California. A two stock 

delineation aligned with the Council’s 

desire to keep the sub-division of 

management of a species to a minimum, 

while retaining a geographic delineation 

aligned with best scientific information 

available and consistent with past 

management decisions to manage the 

species as multiple units. Therefore, the 

Council recommended and NMFS is 

proposing to approve two stocks of 

copper rockfish in the FMP, north and 

south of 42°00′ N lat. 

Dover Sole (Microstomus Pacificus) 

Dover sole are distributed from the 

Bering Sea in Alaska to Baja California 

and are harvested in the groundfish 

fishery throughout the FMU, though 

mostly by the non-tribal bottom trawl 

fishery off Oregon and Washington. The 

population structure of Dover sole is 

largely unknown, though the limited 

information available does not indicate 

distinct geospatial population structure. 

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, for over 30 years. Dover sole’s 

single, coastwide annual catch limit 

(ACL) is formally allocated in the FMP 

between trawl and non-trawl fisheries. 

Defining Dover 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 2023–24, 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 Dover sole in the FMP. 

Lingcod (Ophiodon Elongatus) 

Lingcod are distributed along the 

eastern Pacific coast from Baja 

California to the Gulf of Alaska. Lingcod 

are harvested in tribal fisheries and all 

sectors of non-tribal commercial and 

recreational fisheries. There are known 

indications that the species has distinct 

geospatial population structure, 

including genetic studies and life 

history characteristics such as 

differences in growth, longevity, and 

size at maturity. Lingcod have been 

assessed and managed as northern and 

southern geographic units since 2005. 

The Council manages this species at a 

less than coastwide scale, with 

allocative sharing agreements between 

states and fishery sectors decided every 

2 years through the harvest 

specifications and management 

measures biennial process. Defining 

lingcod 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 2023–24, 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 (lingcod north 

and lingcod south), 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 lingcod stocks in the 

FMP. 

Pacific Spiny Dogfish (Squalus 

Suckleyi) 

Pacific spiny dogfish live from the 

Gulf of Alaska to Baja California, with 

the highest abundance off the coast of 

British Columbia and Washington State. 

There are known indications that the 

portions of the stock within the FMU 

has interaction with and overlaps with 

spiny dogfish observed off British 

Colombia. There are no known 

indications of geospatial population 

structure within the FMU. Pacific spiny 

dogfish have been assessed and 

managed as a coastwide population 

since it was first assessed in 2011. The 

OFLs have been set at a coastwide level 

since the species was removed from the 

Other Fish complex in 2015; prior to 

2015, the species’ OFLs contributed to 

the coastwide OFL for the Other Fish 

complex. Allocative sharing agreements 

between states and fishery sectors for 

spiny dogfish have not been necessary 

to date. Defining spiny dogfish 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 2023–24, 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 a single stock of 

spiny dogfish in the FMP. 

Petrale Sole (Eopsetta Jordani) 

Petrale sole are distributed along the 

northeastern Pacific coast from the Gulf 

of Alaska to northern Baja California 

and their abundance is predominantly 

distributed by depth rather than 

latitude, with known seasonal depth 

migration patterns. Most petrale sole 

harvest in the FMU come from 

commercial bottom trawl gear, and 

fisheries harvesting petrale sole exhibit 

spatial and seasonal patterns. 

Population structure along this species’ 

range is poorly understood, but there are 

no known indications that the species 

has distinct geospatial population 

structure. At the recommendation of the 

stock assessment review panel of 2006, 

the species has been assessed as a single 

geographic unit within the fishery 

management unit since 2009, including 

throughout the period where it was 

managed under a rebuilding plan (2009– 

2014). Similar to canary rockfish, the 

harvest specifications to assess whether 

the species is subject to overfishing have 

been set at a coastwide level for over 30 

years, including throughout the period 

the species was managed under a 

rebuilding plan. A large majority of the 

coastwide harvestable surplus is 

allocated to trawl fisheries, with the 

allocation being decided every 2 years 

through the biennial harvest 

specifications and management 

measures process. Defining petrale 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 2023–24, 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 petrale sole in the FMP. 

Quillback Rockfish (Sebastes Maliger) 

Quillback rockfish are distributed in 

the northeastern Pacific Ocean from 

Southern California to the Gulf of 

Alaska. Within the FMU, Quillback 

rockfish are predominantly harvested in 

recreational fisheries, but are also 

harvested in nearshore commercial 

fisheries to varying degrees along the 

coast. While population structure 


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remains poorly understood, there are 

some indications that the species may 

have distinct geospatial population 

structure within the FMU. While there 

has been limited genetic work on this 

species, adults in multiple sites within 

the species range show high site fidelity 

with limited adult movement. There are 

known, albeit limited, differences in 

growth along the coast, and abundance 

trends are also estimated to differ 

regionally. Quillback rockfish have been 

managed for many years at a less than 

coastwide scale, and was assessed in 

2021 using models at a less than 

coastwide scale. The geographic 

stratification of the assessment areas on 

a state-specific scale is primarily driven 

by differences in current and historical 

harvest intensity, but also aligns with 

the state-specific approaches to fishery 

management of nearshore species and is 

consistent with the best scientific 

information available. Therefore, the 

Council recommended and NMFS is 

proposing to approve three state-specific 

stocks of quillback rockfish in the FMP 

(i.e., Quillback Rockfish—Washington, 

Quillback Rockfish—Oregon, and 

Quillback Rockfish—California). 

Rex Sole (Glyptocephalus Zachirus) 

Rex sole are distributed along the 

northeastern Pacific coast from Alaska 

to southern California. Rex sole are 

commonly caught in trawl fisheries 

within the FMU. While population 

structure remains poorly understood, 

there are no known indications that the 

species has distinct geospatial 

population structure. The species has 

been assessed as a single geographic 

unit within the FMU since its first 

assessment in 2013. The OFLs for rex 

sole contribute to the Other Flatfish 

stock complex OFLs, which are 

compared to mortality estimates of all 

the species in the complex to assess 

whether the stock complex is subject to 

overfishing. Other Flatfish OFLs have 

been set at a coastwide level since at 

least 2005. The Other Flatfish complex, 

including rex sole, is managed by the 

Council at a coastwide scale and formal 

or informal sharing agreements between 

states or fishery sectors have been 

unnecessary to date. Defining rex 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 2023–24, 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 rex sole in the FMP. 

Sablefish (Anoplopoma Fimbria) 

Sablefish are distributed along the 

northern Pacific coast from the coast of 

Japan, through the Bering Sea in Alaska, 

and south to the southern tip of Baja 

California. Sablefish is a highly attained 

and important commercial fishery 

component of both tribal and non-tribal 

West Coast groundfish fisheries. While 

population structure remains poorly 

understood, there are few known 

indications that the species has distinct 

geospatial population structure within 

the FMU. Research has indicated 

geospatially distinctive growth rates and 

different maximum sizes for this species 

within the FMU, however recruitment 

trends do not show the same geospatial 

differentiation. Sablefish within the 

FMU has been assessed as a single 

geographic unit and for over 30 years 

the harvest specifications to assess 

whether sablefish is subject to 

overfishing have been set at a coastwide 

level. Sablefish are formally allocated in 

the FMP and the Council manages 

sablefish harvest at a less than 

coastwide scale, reflective of the 

geospatial differences in maximum size 

and regional fishery characteristics. The 

formal allocation is both geographic, 

north and south of 36° N lat., and also 

establishes sharing among user groups, 

including two different individual 

fishing quota fisheries and tribal 

fisheries. Defining sablefish 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 2023–24, 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 harvest specifications 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 sablefish in the FMP. 

This action does not change the 

Council’s ability to set multiple ACLs 

for sablefish and makes no changes to 

the formal sablefish allocation structure 

described in the FMP. 

Shortspine Thornyhead (Sebastolobus 

Alascanus) 

Shortspine thornyhead are distributed 

in the waters of the northeastern Pacific 

coast from the Bering Sea to Baja 

California. Historically, shortspine 

thornyhead were mostly harvested in 

non-tribal fisheries with trawl gear, but 

since the mid-1990s, harvest of 

shortspine thornyhead with non-trawl 

gears like longlines have steadily 

increased. While population structure 

remains poorly understood, there are no 

known indications that the species has 

distinct geospatial population structure 

within the FMU. The species has been 

assessed as a single, coastwide stock 

throughout the FMU since 2005. For 

over 20 years the overfishing limits, 

which are compared to mortality 

estimates to assess whether shortspine 

thornyhead is subject to overfishing, 

have been set for a single geographic 

unit within the FMU. Shortspine 

thornyhead are formally allocated in the 

FMP and the Council manages 

shortspine thornyhead at a less than 

coastwide scale, reflective of the 

differences in regional fishery 

characteristics. The formal allocation is 

both geographic, north and south of 

34°27′ N lat., and also establishes 

sharing among user groups, including 

allocations to the trawl individual 

fishing quota fishery. Defining 

shortspine thornyhead as a single stock 

at a coastwide scale is not expected to 

trigger future allocative actions, increase 

management burden during the next 

biennial cycle compared to 2023–24, 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 shortspine thornyhead in 

the FMP. This action does not change 

the Council’s ability to set multiple 

ACLs for shortspine thornyhead and 

makes no changes to the formal 

shortspine thornyhead allocation 

structure described in the FMP. 

Squarespot Rockfish (Sebastes 

Hopkinsi) 

Squarespot rockfish are distributed 

from southern Oregon to Mexico with 

their highest densities in southern 

California. Squarespot rockfish are not 

typically targeted due to their small 

size, but are caught in both commercial 

and recreational fisheries off the coast of 

California. While population structure 

remains poorly understood, there are no 

known indications that the species has 

distinct geospatial population structure 


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(e.g., that it is multiple stocks). The 

species was assessed for the first time in 

2021 as a single stock, using all 

available data within the FMU. The 

resulting 2021 assessment was only 

informative of the portion of the 

population off the coast of California. 

The OFLs for squarespot rockfish 

contribute to the Shelf Rockfish stock 

complex OFLs, which are compared to 

mortality estimates of all the species in 

the complex combined to assess 

whether the stock complex is subject to 

overfishing. Shelf Rockfish overfishing 

status has been assessed north and 

south of 40°10′ N lat. (Cape Mendocino, 

in northern California) for over 30 years. 

However, squarespot rockfish 

contributes extremely small biomass to 

the complex harvest specifications north 

of 40°10′ N lat. due to its relatively 

sparse distribution and historically 

minimal harvest in that region. The 

Shelf Rockfish complex both north and 

south of 40°10′ N lat. is managed by the 

Council with allocative sharing 

agreements between fishery sectors 

decided every 2 years through the 

harvest specifications and management 

measures biennial process. Defining 

squarespot rockfish as a single stock 

within the FMU is not expected to 

trigger future allocative actions, increase 

management burden during the next 

biennial cycle compared to 2023–24, or 

result in short-term or long-term 

negative biological impacts if status is 

determined at a coastwide scale. 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 squarespot rockfish in 

the FMP. 

Vermilion Rockfish (Sebastes Miniatus) 

Vermilion rockfish are distributed in 

the waters of the northeastern Pacific 

from Alaska to Baja California, with 

highest abundance from central Oregon 

south into Mexico. Vermilion rockfish 

are harvested in all sectors of the 

commercial and recreational fisheries 

within the FMU. There are known 

indications that the species has distinct 

geospatial population structure, 

including low-average larval dispersal 

and high site fidelity in adults, which 

has led to genetic differentiation within 

the FMU. Vermilion rockfish throughout 

the FMU were originally considered a 

single species; however, in southern 

California it is found as part of a pair of 

cryptic species, vermilion rockfish and 

sunset rockfish. For this reason, this 

cryptic species pair are considered 

together in the areas of the coast where 

sunset rockfish is known to be more 

prevalent. 

In the areas of the coast where sunset 

rockfish are not known to be present, 

the Council recommended and NMFS is 

proposing a single stock of vermilion 

rockfish in the area of the FMU north of 

42° N lat. due to a lack of scientific 

evidence of distinct population 

structure off the coasts of Washington 

and Oregon. This geographic 

delineation for vermilion rockfish 

clearly aligned well with past and 

recent fishery management and policy 

decisions for the species as well as best 

scientific information available. 

Vermilion/Sunset Rockfish (Sebastes 

Miniatus and Sebastes Crocotulus) 

The primary biomass of sunset 

rockfish appears to be in the Southern 

California Bight, though their range does 

extend somewhat north of Point 

Conception, California to an unknown 

extent. The two species lack 

morphological distinctions and can only 

be differentiated with genetic testing. 

Therefore, they are treated in 

assessments and fishery management as 

a single cryptic species pair in the areas 

of the coast with known sunset rockfish 

presence. In the areas of the coast where 

sunset rockfish are present and 

contributing biomass to a vermilion/ 

sunset rockfish cryptic species pair in 

the assessments and fisheries, the 

Council recommended and NMFS is 

proposing a single stock of vermilion/ 

sunset rockfish in the area of the FMU 

south of 42° N lat. due to a lack of 

scientific evidence of distinct 

population structure off the coast of 

California and the uncertainty in the 

northern extent of the range of sunset 

rockfish. A single geographic 

delineation for vermilion/sunset 

rockfish clearly aligned well with past 

and recent fishery management and 

policy decisions for the cryptic species 

pair as well as best scientific 

information available. 

Summary 

The Council recommended defining 

20 stocks for 14 species within the over 

80 managed groundfish species within 

the FMU, as described in Table 1. The 

Council also recognized the need for, 

and is scheduled to begin in 2023, a 

comprehensive effort to define all 

remaining groundfish species in the 

FMP. 

TABLE 1—GROUNDFISH STOCKS WITHIN THE FISHERY MANAGEMENT UNIT (FMU) OF THE PACIFIC COAST GROUNDFISH

FMP AND THEIR BOUNDARIES, AS PROPOSED TO BE AMENDED THROUGH AMENDMENT 31 

Stock Species scientific name Stock boundaries 

Elasmobranchs: 

Pacific Spiny Dogfish .............................................. Squalus suckleyi ............................................................ Pacific West Coast FMU. 

Roundfish: 

Lingcod North .......................................................... Ophiodon elongatus ...................................................... North of 40°10′ N lat. 

Lingcod South ......................................................... Ophiodon elongatus ...................................................... South of 40°10′ N lat. 

Sablefish ................................................................. Anoplopoma fimbria ...................................................... Pacific West Coast FMU. 

Rockfish: 

Black Rockfish—Washington .................................. Sebastes melanops ....................................................... North of 46°16′ N lat. 

Black Rockfish—Oregon ......................................... S. melanops .................................................................. 46°16′ N lat. to 42° N lat. 

Black Rockfish—California ...................................... S. melanops .................................................................. South of 42° N lat. 

Canary Rockfish ...................................................... S. pinniger ..................................................................... Pacific West Coast FMU. 

Copper Rockfish North ........................................... S. caurinus .................................................................... North of 42° N lat. 

Copper Rockfish South ........................................... S. caurinus .................................................................... South 42° N lat. 

Quillback Rockfish–Washington ............................. S. maliger ...................................................................... North of 46°16′ N lat. 

Quillback Rockfish—Oregon ................................... S. maliger ...................................................................... 46°16’ N lat. to 42° N lat. 

Quillback Rockfish—California ................................ S. maliger ...................................................................... South of 42° N lat. 

Squarespot Rockfish ............................................... S. hopkinsi ..................................................................... Pacific West Coast FMU. 

Vermilion Rockfish .................................................. S. miniatus ..................................................................... North of 42° N lat. 

Vermilion/Sunset Rockfish ...................................... S. miniatus/S. crocotulus ............................................... South 42° N lat. 


lotter on DSK11XQN23PROD with PROPOSALS1
Federal Register / Vol. 88, No. 162 / Wednesday, August 23, 2023 / Proposed Rules 57405 

TABLE 1—GROUNDFISH STOCKS WITHIN THE FISHERY MANAGEMENT UNIT (FMU) OF THE PACIFIC COAST GROUNDFISH

FMP AND THEIR BOUNDARIES, AS PROPOSED TO BE AMENDED THROUGH AMENDMENT 31—Continued 

Stock Species scientific name Stock boundaries 

Shortspine Thornyhead ........................................... Sebastolobus alascanus ............................................... Pacific West Coast FMU. 

Flatfish: 

Dover Sole .............................................................. Microstomus pacificus ................................................... Pacific West Coast FMU. 

Petrale Sole ............................................................ Eopsetta jordani ............................................................ Pacific West Coast FMU. 

Rex Sole ................................................................. Glyptocephalus zachirus ............................................... Pacific West Coast FMU. 

Authority: 16 U.S.C. 1801 et seq. Dated: August 17, 2023. 

Kelly Denit, 

Director, Office of Sustainable Fisheries, 

National Marine Fisheries Service. 

[FR Doc. 2023–18089 Filed 8–22–23; 8:45 am] 

BILLING CODE 3510–22–P 


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