67656 Federal Register / Vol. 88, No. 189 / Monday, October 2, 2023 / Rules and Regulations 

availability on the fishing grounds, the 

migratory nature of this species, and the 

regional variations in the BFT fishery. 

Providing prior notice and opportunity 

for public comment on this quota 

transfer of the General category is 

impracticable and contrary to the public 

interest as the General category fishery 

will open on October 1 for the October 

through November time period. Based 

on General category catch rates, a delay 

in this action would likely result in BFT 

landings exceeding the adjusted October 

through November 2023 General 

category quota shortly after the opening 

on October 1. Subquota exceedance may 

result in the need to reduce quota for 

the General category later in the year 

and thus could affect later fishing 

opportunities. NMFS could not have 

proposed this action earlier, as it needed 

to consider and respond to updated 

landings data, in deciding to transfer a 

portion of the Reserve category quota to 

the General category quota. This action 

does not raise conservation and 

management concerns. Transferring 

quota from the Reserve category to the 

General category does not affect the 

overall U.S. BFT quota, and available 

data show the adjustment would have a 

minimal risk of exceeding the ICCATallocated quota. NMFS notes that the 

public had an opportunity to comment 

on the underlying rulemakings that 

established the U.S. BFT quota and the 

inseason adjustment criteria. 

For all of the above reasons, the AA 

finds that pursuant to 5 U.S.C. 553(d), 

there is good cause to waive the 30-day 

delay in effective date. 

Authority: 16 U.S.C. 971 et seq. and 1801 

et seq. 

Dated: September 27, 2023. 

Jennifer M. Wallace, 

Acting Director, Office of Sustainable 

Fisheries, National Marine Fisheries Service. 

[FR Doc. 2023–21707 Filed 9–27–23; 4:15 pm] 

BILLING CODE 3510–22–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 660 

[Docket No. 221206–0261] 

RIN 0648–BM62 

Magnuson-Stevens Act Provisions; 

Fisheries Off West Coast States; 

Pacific Coast Groundfish Fishery; 

2023–2024 Biennial Specifications and 

Management Measures; Inseason 

Adjustments 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Final rule; inseason adjustments 

to biennial groundfish management 

measures. 

SUMMARY: This final rule announces 

routine inseason adjustments to 

management measures in commercial 

and recreational groundfish fisheries for 

the remainder of the 2023 fishing year. 

This action is intended to allow 

commercial and recreational fishing 

vessels to access more abundant 

groundfish stocks while protecting 

overfished and depleted stocks. 

DATES: This final rule is effective 

October 2, 2023. 

ADDRESSES: Electronic Access: This rule 

is accessible via the internet at the 

Office of the Federal Register website at 

https://www.federalregister.gov. 

Background information and documents 

are available at the Pacific Fishery 

Management Council’s website at http:// 

www.pcouncil.org/ including the 2021 

stock assessment for quillback rockfish 

(see Agenda Item E.2, Attachment 4, 

November 2021) and supporting 

information for the Council’s 

recommendations at the September 

2023 meeting. 

FOR FURTHER INFORMATION CONTACT: 

Keeley Kent, phone: 206–247–8252 or 

email: keeley.kent@noaa.gov. 

SUPPLEMENTARY INFORMATION: 

Background 

The Pacific Coast Groundfish Fishery 

Management Plan (PCGFMP) and its 

implementing regulations at title 50 in 

the Code of Federal Regulations (CFR), 

part 660, subparts C through G, regulate 

fishing for over 90 species of groundfish 

in the exclusive economic zone (EEZ) 

off the coasts of Washington, Oregon, 

and California. The Pacific Fishery 

Management Council (Council) 

develops groundfish harvest 

specifications and management 

measures for 2 year periods (i.e., a 

biennium). NMFS published the final 

rule to implement harvest specifications 

and management measures for the 

2023–2024 biennium for most species 

managed under the PCGFMP on 

December 16, 2022 (87 FR 77007). In 

general, the management measures set at 

the start of the biennial harvest 

specifications cycle help the various 

sectors of the fishery attain, but not 

exceed, the catch limits for each stock. 

The Council, in coordination with 

Pacific Coast Treaty Indian Tribes and 

the States of Washington, Oregon, and 

California, recommends adjustments to 

the management measures during the 

fishing year to achieve this goal. 

At its September 2023 meeting, in an 

effort to limit mortality of quillback 

rockfish off California (as discussed 

below), the Council recommended 

NMFS prohibit quillback rockfish 

retention in federal waters off California 

in all recreational (i.e., bag limit of zero) 

and commercial (i.e., zero retention 

under trip limit for minor nearshore 

rockfish complex) groundfish fisheries; 

close the ‘‘nearshore’’ recreational 

groundfish fisheries for the remainder of 

2023 in federal waters for the Northern 

Groundfish Management Area (GMA), 

Mendocino GMA, San Francisco GMA, 

and Central GMA; and prohibit 

recreational vessels from fishing in 

federal waters shoreward of the 50 

fathom rockfish conservation area (RCA) 

boundary line. Shelf rockfish, slope 

rockfish, and lingcod may be taken 

seaward of the 50-fathom boundary line 

by recreational vessels, while it will be 

unlawful to take or possess nearshore 

rockfish, cabezon or greenlings at any 

depth in federal waters by recreational 

vessels. To further limit incidental catch 

and discards of quillback rockfish, the 

Council also recommended modifying 

fixed gear trip limits between 42° North 

(N) latitude (lat.) to 34°27′ N lat. for 

limited entry (LE) and open access (OA) 

fisheries for the following co-occurring 

species: Minor Shelf Rockfish complex, 

widow rockfish, yellowtail rockfish, 

canary rockfish, Minor Nearshore 

Rockfish complex, lingcod, chilipepper 

rockfish, bocaccio rockfish, and 

cabezon. 

In addition to the quillback rockfish 

related management measure 

adjustments, the Council recommended 

modifying fixed gear trip limits for LE 

and OA fisheries for sablefish north of 

36° N lat. and lingcod north of 42° N lat. 

All of the inseason actions the Council 

recommended were adjustments to be 

implemented for the remainder of the 

2023 fishing year. 

Pacific Coast groundfish fisheries are 

managed using harvest specifications or 


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limits (e.g., overfishing limits [OFL], 

acceptable biological catch [ABC], 

annual catch limits [ACL] and harvest 

guidelines [HG]) recommended 

biennially by the Council and based on 

the best scientific information available 

at that time (50 CFR 660.60(b)). During 

development of the harvest 

specifications, the Council also 

recommends management measures 

(e.g., Annual Catch Targets (ACTs), trip 

limits, area closures, and bag limits) that 

are meant to mitigate catch so as not to 

exceed the harvest specifications. The 

harvest specifications and mitigation 

measures developed for the 2023–2024 

biennium used data through the 2021 

fishing year. Each of the adjustments to 

mitigation measures discussed below 

are based on updated fisheries 

information that was unavailable when 

the analysis for the current harvest 

specifications was completed. As new 

fisheries data becomes available, 

adjustments to mitigation measures are 

projected so as to help harvesters 

achieve but not exceed the harvest 

limits. 

Quillback Rockfish Off California 

Under current management, quillback 

rockfish are a contributing species 

within the Minor Nearshore Rockfish 

complex north and south of 40°10′ N lat. 

The harvest specifications for this 

species (ACL, ABC, OFL) contribute to 

the harvest specifications of the 

complex. Quillback rockfish was 

assessed in 2021 and that assessment 

was determined to be the best scientific 

information available by the Pacific 

Fishery Management Council’s Science 

and Statistical Committee as well as 

NMFS (see ADDRESSES). Due to 

differences in data availability and 

fishery exploitation, the quillback 

rockfish assessment split the species 

into three separate assessment areas by 

state boundary line. The individual 

assessment areas suggested differences 

in abundance and potential localized 

depletion. The assessment for the 

portion of quillback rockfish off 

California indicated that population is 

depleted and limited mixing with other 

populations of quillback rockfish off the 

West Coast is thought to occur. 

Additionally, the assessment indicated 

the species has been fished at levels too 

high to maintain good yields and a 

healthy population since the 1990s. 

In an analysis for the November 2021 

Council meeting, a report by the 

Groundfish Management Team (GMT) 

showed continued exceedances of the 

OFL contribution of quillback rockfish 

to the nearshore rockfish complex every 

year in all 4 years between 2017 and 

2020 (Agenda Item E.3.a GMT Report 2, 

November 2021). Additionally, the 

Council noted that quillback rockfish 

has a 2.22 vulnerability score, making it 

one of the most vulnerable rockfishes in 

the PCGFMP. For these reasons, the 

Council recommended species-specific 

ACTs for quillback rockfish off the coast 

of California as part of the 2023–24 

harvest specifications and management 

measures (87 FR 77007, December 16, 

2022) to support better tracking of 

mortality in light of the depleted nature 

of quillback off California. 

Quillback rockfish have a shared 

commercial and recreational speciesspecific ACT of 0.87 metric tons (mt) for 

the area between 42° N lat. and 40°10′ 

N lat. and 0.89 mt for south of 40°10′ N 

lat. (see 50 CFR 660 Table 1a and Table 

2a). The ACTs were set under the 2023– 

24 Groundfish Harvest Specifications 

and Management Measures action in 

response to the 2021 stock assessment 

for quillback rockfish off the coast of 

California, which has been deemed the 

best scientific information available by 

NOAA Fisheries and the scientific 

advisors to the Council. Given quillback 

rockfish are currently managed in a 

stock complex, the new ACT was meant 

to essentially formalize the ACL 

contributions for management purposes. 

Setting the ACTs equal to the ACL 

contributions allows the Council to 

recommend necessary management 

measures inseason when the ACL 

contribution is met or projected to be 

met. Exceeding the ACL contribution for 

species in a complex would otherwise 

typically not trigger a Council response 

or accountability measure. 

At the September 2023 Council 

meeting, the California Department of 

Fish and Wildlife (CDFW) requested 

that the Council take action in federal 

waters similar to management measures 

recently taken in California state waters 

as a result of mortality of quillback 

rockfish off California estimated to 

substantially exceed the federally set 

harvest limits (see ADDRESSES). Updated 

quillback rockfish mortality as of 

August 27, 2023, for California 

recreational fisheries and September 5, 

2023 for California commercial landings 

is provided in Table 1 below (Agenda 

Item G.8.a Supplemental GMT Report 5, 

September 2023). Table 1 demonstrates 

that estimated mortality across 

California (4.12 mt), without taking into 

account commercial discards, is 

substantially higher than the combined 

ACTs (1.76 mt) and substantially higher 

than the combined OFL contributions 

(2.1 mt). Therefore, because the ACTs 

were set in order to address localized 

depletion identified in the 2021 stock 

assessment, the Council determined that 

major reductions in fishing opportunity 

for the remainder of the year are 

warranted. 

TABLE 1—BEST ESTIMATE OF 2023 CALIFORNIA QUILLBACK ROCKFISH COMMERCIAL NON-TRAWL LANDINGS AND

RECREATIONAL MORTALITY, IN METRIC TONS (MT) 

[California Recreational Fishery Survey (CRFS) estimates through June, Anticipated Catch Values (ACVs) through August 27; commercial landings data retrieved from PacFIN September 5. Inseason catch estimates are compared to the 2023 quillback rockfish ACT/ACL contributions 

north and south of 40°10′ N lat.] 

Area 

Estimated 

recreational 

total mortality 

(mt) 

Commercial 

landings 

(mt) 

Combined 

mortality 

(mt) a

2023 Quillback 

ACT 

(= ACL contribution) 

(mt) 

% 

Attainment 

North 40°10′ N lat ................................................ 1.75 0.25 2.00 0.87 230 

South 40°10′ N lat ............................................... 1.84 0.28 2.12 0.89 238 

a Commercial does not include estimated discard mortality. 

In response, the Council’s GMT 

conducted analysis to see if there were 

any particular aspects of the fishery (by 

sector, location, gear type, etc.) where 

quillback were most commonly 

encountered, in order to narrow the 

scope of potential restrictions that may 

be most effective at reducing further 

impacts to quillback rockfish for the 

remainder of 2023. 

The GMT analyzed observer 

(commercial only) and landings data 

(commercial and recreational) from 

2021 and 2022 for the two geographic 

areas off the coast of California with 


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quillback rockfish ACTs in 2023: 

between 42° N lat. and 40°10′ N lat. and 

south of 40°10′ N lat. The sectors with 

highest estimated quillback rockfish 

removals in 2021 and 2022 were as 

follows: landings in the recreational 

fishery south of 40°10′ N lat. (7.5 mt in 

2021 and 6.3 mt in 2022), discard 

mortality in the OA fixed gear fishery 

north of 40°10′ N lat. in 2022 (5.3 mt), 

landings in the recreational fishery 

north of 40°10′ N lat. (3.0 mt in 2021 

and 2.9 mt in 2022), and both landings 

and discards combined in the nearshore 

fishery both north (2.2 mt in 2021 and 

1.9 mt in 2022) and south (2.7 mt in 

2021 and 1.6 mt in 2022). 

This information indicated that in 

2021 and 2022, most landed catch of 

quillback rockfish was from recreational 

fisheries, OA fixed gear had high 

estimated discards in 2022, and the 

nearshore fishery has a relatively lower 

overall but more consistent harvest 

tonnage from a mix of both landings and 

discards. Further investigation on 

commercial fishery encounters 

indicated that very few trips in the OA 

fixed gear fishery that fished with hook 

and line gears caught quillback rockfish 

in 2021 and 2022 (approximately 2 

percent of trips between 42° N lat. and 

40°10′ N lat. and less than 0.2 percent 

of trips south of 40°10′ N lat.). 

Comparatively, the nearshore fishery 

has much higher encounter rates with 

quillback rockfish, with approximately 

15 percent of trips between 42° N lat. 

and 40°10′ N lat. and 6 percent of trips 

south of 40°10′ N lat. catching quillback 

rockfish. 

A further consideration of limited 

available spatial data indicated that 

quillback rockfish are very rarely 

encountered in waters deeper than 50 

fathoms (91.4 meters (m)) but that the 

depth ranges where they are most 

commonly encountered varies 

somewhat by latitude with more 

attributed catches in shallower depths 

(e.g., 11–30 fathoms, 20.1–54.9 m) in the 

more northern areas and deeper than 20 

fathoms (36.6 m) in southern parts of 

the California coast. 

The GMT also looked at whether the 

legal non-bottom contact hook-and-line 

gear allowed in the non-trawl rockfish 

conservation area (RCA) (50 CFR 

660.330(b)(3)) has been encountering 

quillback rockfish. This gear was a new 

management measure under the 2023– 

24 harvest specifications and 

management measures (87 FR 77007, 

December 16, 2022) within the nontrawl RCA in order to provide 

additional opportunity to commercial 

non-trawl fisheries to target healthy 

stocks while relieving pressure on 

depleted or constraining nearshore 

stocks. While data is limited so far, the 

gear configurations have shown to have 

relatively low bycatch of groundfish 

species of concern while being able to 

harvest healthy midwater rockfish. In 

the 14 years the three Experimental 

Fishing Permits (EFPs) operated that 

used similar gear (Emley-Platt, Real 

Good Fish, and Oregon RFA EFP), a 

total of only three quillback rockfish 

were caught. Further analysis showed 

that of the 108 mt of total catch in all 

three EFPs combined, approximately 

only 3 percent was quillback rockfish. 

In light of this new information, the 

Council recommended limiting the 

closures of trip limits by gear type and 

by area in order to maintain some 

fishing opportunity with limited 

quillback rockfish impacts, and focusing 

action on the sectors with greater 

quillback impacts. The 

recommendations from the Council are 

projected to reduce take of quillback 

rockfish in order to address localized 

depletion while minimizing the 

economic impact to fishing 

communities to the extent possible. 

Therefore, the Council recommended 

and NMFS is implementing, by 

modifying Tables 2 North and South to 

part 660, subpart E, Tables 3 North and 

South to part 660, subpart F, and 50 

CFR 660.360(c)(3), a zero pound trip 

and bag limits, thereby effectively 

prohibiting retention of quillback 

rockfish off California (south of 42° N 

lat.) in both commercial (0 lbs per 

bimonthly period trip limit) and 

recreational fisheries in federal waters 

(0 lbs bag limit). The Council also 

recommended and NMFS is 

implementing, by Tables 2 North and 

South to part 660, subpart E, a zero 

pound trip limit for LE fisheries, 

effectively closing those LE fisheries for 

period 6 (November–December) 

between 42° North (N) latitude (lat.) to 

34°27′ N lat. (unless otherwise 

specified) for the following stocks and 

complexes: Minor Shelf Rockfish 

complex, widow rockfish, yellowtail 

rockfish (42° N lat. to 40°10′ N lat), 

canary rockfish, Minor Nearshore 

Rockfish complex, lingcod, chilipepper 

rockfish (40°10′ N lat. to 34°27′ N lat.), 

bocaccio rockfish (40°10′ N lat. to 34°27′ 

N lat.), and cabezon. 

The Council recommended and 

NMFS is implementing, by modifying 

Tables 3 North and South to part 660, 

subpart F, a zero pound trip limit for 

OA fisheries, effectively closing the OA 

fisheries for period 6 (November– 

December) between 42° North (N) 

latitude (lat.) to 34°27′ N lat. for the 

following stocks and complexes: Minor 

Nearshore Rockfish complex, lingcod, 

and cabezon. 

The Council recommended and 

NMFS is implementing, by modifying 

Tables 3 North and South to part 660, 

subpart F, a zero pound trip limit for 

OA fisheries, effectively closing the OA 

fishieries for period 6 (November– 

December), except for vessels using 

legal non-bottom contact hook and line 

gear (as defined at § 660.330(b)(3)) 

between 42° North (N) latitude (lat.) to 

34°27′ N lat. (unless otherwise 

specified) for the following stocks and 

complexes: minor shelf rockfish (42° N 

lat. to 40°10′ N lat), widow rockfish, 

yellowtail rockfish (42° N lat. to 40°10′ 

N lat), canary rockfish, chilipepper 

rockfish (40°10′ N lat. to 34°27′ N lat.), 

and bocaccio rockfish (40°10′ N lat. to 

34°27′ N lat.). 

Additionally, the Council 

recommended and NMFS is 

implementing, by modifying 50 CFR 

660.360, a closure for the nearshore 

recreational groundfish fisheries for the 

remainder of 2023 in federal waters for 

the Northern GMA, Mendocino GMA, 

San Francisco GMA, and Central GMA; 

and prohibiting recreational vessels 

from fishing in federal waters shoreward 

of the 50 fathom RCA boundary line. 

Shelf rockfish, slope rockfish, and 

lingcod may be taken seaward of the 50- 

fathom boundary line by recreational 

vessels, while it will be unlawful to take 

or possess nearshore rockfish, cabezon 

or greenlings at any depth in federal 

waters by recreational vessels. 

Vermilion Rockfish 

Vermilion rockfish off California are 

currently managed as part of the Minor 

Shelf Rockfish complex, south of 40°10′ 

N latitude; as well as the Minor Shelf 

Rockfish complex north of 40°10′ N 

latitude, but only in the area between 

42° and 40°10′ N lat. For 2023, the 

southern complex has an ACL of 1,469 

mt, and vermilion rockfish has an ACL 

contribution of 281.3 mt; the northern 

complex has an ACL of 1,283 mt, and 

vermilion rockfish has an ACL 

contribution of 6.5 mt within it. 

With the changes described above, 

which will shift fishing effort from the 

nearshore out to the shelf, concerns 

about limiting shelf stocks, specifically 

vermilion rockfish, arose. Due to the 

high value of vermilion rockfish, there 

are concerns about potential effort 

increases to minor shelf rockfish 

species, especially vermilion rockfish, 

as well as additional concerns with noncompliance in utilizing the legal nonbottom contact hook and line gear (as 

defined at § 660.330(b)(3)). While the 

Council intends to minimize impacts to 

quillback rockfish, the intent of this 

action is also to avoid overharvesting 

other species. To achieve this, the 


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Council recommended reducing trip 

limits to minimize the potential for 

effort shift. Within the Minor Shelf 

Rockfish Complex, vermilion rockfish 

south of 40°10′ ACL contribution is 

projected to be exceeded and therefore 

the Council determined that additional 

trip limit reductions should be taken. 

The expected mortality under current 

limits are shown in Table 2. 

TABLE 2—PROJECTED LANDINGS OF VERMILION, VERMILION ALLOCATION, AND PROJECTED PERCENTAGE OF VERMILION

ATTAINED THROUGH THE END OF THE YEAR BY CURRENT TRIP LIMIT AND FISHERY

Area 

Projected 

landings 

(mt) 

OFL/ABC/ACL Contribution to the 

Minor Shelf Complex 

Projected 

attainment of ACL 

contribution 

42° N lat.–40°10′ N lat ............................................. 6.7 mt OFL=6.99; ABC/ACL=6.54 ...................................... 102 

40°10′ N lat.–34°27′ N lat ........................................ 375.0 mt OFL=311.24; ABC/ACL=281.3 ................................ 133 

Given that the new LE trip limits for 

the Minor Shelf Rockfish complex will 

be set to zero for the areas between 42° 

N lat. to 40°10′ N lat. and 40°10′ N lat. 

to 34°27′ N lat. for period 6 (November– 

December), it is assumed that the LE 

entrants will shift their effort to the OA 

fishery when targeting the Minor Shelf 

Rockfish complex since legal nonbottom contact hook and line gear (as 

defined at § 660.330(b)(3)) will still be 

allowed in that area. Therefore, the 

GMT analyzed the potential reduction 

to open access Minor Shelf Rockfish 

complex trip limits between 42° N lat. 

to 40°10′ N lat. and 40°10′ N lat. to 

34°27′ N lat. Additionally, the GMT 

analyzed a potential reduction to the 

vermilion rockfish subtrip limit between 

40°10′ N lat. and 34°27′ N lat. (Agenda 

Item G.8.a Supplemental GMT Report 5, 

September 2023). 

Consequently, the Council 

recommended and NMFS is 

implementing, by modifying Tables 3 

North and South to part 660, subpart F, 

a closure of the Minor Shelf Rockfish 

complex trip limit for all OA gear 

between 42° N lat. to 34°27′ N lat. 

except legal non-bottom contact hook 

and line gear (as defined at 

§ 660.330(b)(3)) (as discussed above). 

For vessels using legal non-bottom 

contact hook and line gear, the Council 

recommended and NMFS is 

implementing a reduction in the Minor 

Shelf Rockfish complex trip limits for 

period 6 (November–December). 

Between 42° N lat. to 40°10′ N lat., the 

Minor Shelf Rockfish trip limit will be 

400 lbs. (181.4 kg) per month. Between 

40° 10′ N lat. to 34°27′ N lat., the trip 

limit will be 2,000 lbs. (907.2 kg) per 

bimonthly period, of which no more 

than 200 lb. (90.7 kg) may be vermilion 

rockfish. 

Sablefish 

Sablefish is an important commercial 

species on the west coast with vessels 

targeting sablefish with both trawl and 

fixed gear (longlines and pots/traps). 

Sablefish is managed with a coast-wide 

ACL that is apportioned north and south 

of 36° N lat. based on a 5-year rolling 

average of swept-area biomass from the 

trawl survey. In 2023, the portion of the 

ACL for sablefish north of 36° N lat. is 

8,486 mt with a fishery HG of 7,600 mt. 

The fishery HG north of 36° N lat. is 

further divided between the Limited 

Entry Fixed Gear (LEFG) and OA sectors 

with 90.6 percent, or 6,885 mt, going to 

the LEFG sector and 9.4 percent, or 714 

mt, going to the OA sector. 

At the September 2023 Council 

meeting, the Council’s GMT received 

requests from industry members and 

members of the Council’s Groundfish 

Advisory Subpanel to examine the 

potential to increase sablefish trips 

limits for the LEFG and OA fisheries 

north of 36° N lat. Landings in both 

northern sectors are tracking well below 

their respective sector-specific targets so 

far in 2023, and the LEFG sector in 

particular had a slow start to the fishing 

season, largely driven by fishing 

opportunities off Alaska. The intent of 

increasing trip limits is to increase 

harvest opportunities for vessels 

targeting sablefish. To evaluate potential 

increases to sablefish trip limits, the 

GMT made model-based landings 

projections under current regulations 

and alternative sablefish trip limits, 

including the limits ultimately 

recommended by the Council, for the 

LEFG and OA fisheries through the 

remainder of the year. Table 4 shows the 

projected sablefish landings, the 

sablefish allocations, and the projected 

attainment percentage by fishery under 

both the current trip limits and the 

Council’s recommended adjusted trip 

limits. These projections were based on 

the most recent catch information 

available through early September 2023. 

Industry did not request changes to 

sablefish trip limits for the LEFG or OA 

fishery south of 36° N lat. Therefore, 

NMFS and the Council did not consider 

trip limit changes for these fisheries at 

this time. 

TABLE 3—PROJECTED LANDINGS OF SABLEFISH, SABLEFISH ALLOCATION, AND PROJECTED PERCENTAGE OF SABLEFISH

ATTAINED THROUGH THE END OF THE YEAR BY TRIP LIMIT AND FISHERY

Fishery Trip limits 

Projected 

landings 

(round weight) 

(mt) 

Allocation 

(mt) 

Projected 

percentage 

attained 

LEFG North of 36° N lat. Current: 4,500 lb. (2,042 kg)/week, not to exceed 9,000 lb. (4,082 

kg)/two months.

215–240 417 52–58 

Recommended: 9,000 lb. (4,082 kg)/week, not to exceed 18,000 

lb. (8,165 kg)/two months.

317–364 82–87 

OA North of 36° N lat. ..... Current: 3,000 lb. (1,361 kg)/day, not to exceed 6,000 lb. (2,722 

kg)/two months.

520–561 687 76–82 

Recommended: 4,000 lb. (1,814 kg)/day, not to exceed 8,000 lb. 

(8,629 kg)/two months.

599–654 87–95 


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As shown in Table 4, under the 

current trip limits, the model predicts 

catches of sablefish will be at or below 

58 percent, or 240 mt of the 417 mt 

allocation, for LEFG and 82 percent, or 

561 mt of the 687 mt allocation, for OA 

fishery north of 36° N lat. Under the 

Council’s recommended trip limits, 

sablefish attainment is projected to 

increase in the LEFG and OA fisheries 

north of 36° N lat. up to 87 and 95 

percent, respectively. 

Trip limit increases for sablefish are 

intended to increase attainment of the 

non-trawl HG. The recommended trip 

limit increases do not change projected 

impacts to co-occurring rebuilding 

species compared to the impacts 

anticipated in the 2023–24 harvest 

specifications because the projected 

impacts to those species assume that the 

entire sablefish ACL is harvested. 

Therefore, the Council recommended 

and NMFS is implementing, by 

modifying Tables 2 North and South to 

part 660, subpart E, trip limit changes 

for the LEFG fishery north of 36° N lat. 

to set the limits at ‘‘9,000 lbs. (4,082.3 

kg)/week not to exceed 18,000 lbs. 

(8,164.7 kg)/2 months’’ beginning in 

period 6 (November–December) through 

the end of the year. NMFS is also 

implementing, by modifying Tables 3 

North and South to part 660, subpart F, 

trip limit changes for the OA sablefish 

fishery north of 36° N lat. to set the 

limits at 4,000 lbs. (1,814.4 kg)/week not 

to exceed 8,000 lbs. (3,628.7 kg)/2 

months starting with period 6 

(November–December) through the end 

of the year. 

Lingcod 

Prior to the September 2023 meeting, 

the GMT also received a request to 

increase the lingcod trip limits north of 

42° N lat. to reduce regulatory 

discarding and increase economic 

opportunity. Status quo is currently 

resulting in regulatory discard for 

certain participants in the fishery. 

Lingcod is managed with an ACL north 

of 40°10′ N lat. and an ACL south of 

40°10′ N lat. The 2023 ACL for lingcod 

north of 40°10′ N lat. is 4,378 mt. 

To evaluate potential increases to 

lingcod trip limits north of 42° N lat., 

the GMT made model-based landings 

projections under current regulations 

and alternative trip limits, including the 

limits ultimately recommended by the 

Council, for the LE and OA fisheries 

through the remainder of the year. Table 

5 shows the projected lingcod landings, 

the lingcod allocations, and the 

projected attainment percentage by 

fishery under both the current trip 

limits and the Council’s recommended 

adjusted trip limits for north of 42° N 

lat. These projections were based on the 

most recent catch information available 

through late August 2023. 

TABLE 4—PROJECTED LANDINGS OF LINGCOD, LINGCOD ALLOCATION, AND PROJECTED PERCENTAGE OF LINGCOD NORTH

OF 42° N LAT. ATTAINED THROUGH THE END OF THE YEAR BY TRIP LIMIT AND FISHERY

Fishery Trip limits 

Projected 

landings 

(round weight) 

(mt) 

LE North of 42° N lat ............................... Current: 7,000 lb. (3,175.1 kg)/two months .............................................................. 160.8 

OA North of 42° N lat .............................. Current: 3,500 lb. (1,587.6 kg)/month.

LE North of 42° N lat ............................... Recommended: 9,000 lb. (4,082.3 kg)/two months .................................................. 166.0 

OA North of 42° N lat .............................. Recommended: 4,500 lb. (2,041.2 kg)/month.

Under the current trip limits, the 

model predicts catches of lingcod north 

of 42° N lat. will total 160.8 mt, which 

is 7.1 percent of the 2023 non-trawl 

allocation of lingcod (2,254.1 mt). Under 

the Council’s recommended trip limits, 

lingcod mortality north of 42° N lat. is 

expected to increase to 166.0 mt, which 

is 7.4 percent of the 2023 non-trawl 

allocation of lingcod. 

Trip limit increases for lingcod are 

intended to marginally increase 

attainment of the non-trawl allocation. 

The recommended trip limit increases 

do not appreciably change projected 

impacts to co-occurring rebuilding 

species compared to the impacts 

anticipated in the 2023–2024 harvest 

specifications because the projected 

impacts to those species assume that the 

entire lingcod ACL is harvested. 

Therefore, the Council recommended 

and NMFS is implementing, by 

modifying Table 2 North to part 660, 

subpart E, and Table 3 North to part 

660, subpart F, trip limit changes for LE 

and OA lingcod north of 42° N lat. for 

period 6 (November–December) as 

shown above in Table 5. These changes 

will be implemented through the end of 

2023. 

Classification 

This final rule makes routine inseason 

adjustments to groundfish fishery 

management measures, based on the 

best scientific information available, 

consistent with the PCGFMP and its 

implementing regulations. 

This action is taken under the 

authority of 50 CFR 660.60(c) and is 

exempt from review under Executive 

Order 12866. 

The aggregate data upon which these 

actions are based are available for public 

inspection by contacting the NMFS 

West Coast Region (see FOR FURTHER

INFORMATION CONTACT, above), or view at 

the NMFS West Coast Groundfish 

website: https://www.fisheries.noaa.gov/ 

species/west-coast-groundfish. 

Pursuant to 5 U.S.C. 553(b), NMFS 

finds good cause to waive prior public 

notice and an opportunity for public 

comment on this action, as notice and 

comment would be impracticable and 

contrary to the public interest. Changes 

of this nature were anticipated in the 

final rule for the 2023–24 harvest 

specifications and management 

measures which published on December 

16, 2022 (87 FR 76007). The majority of 

the adjustments to management 

measures in this action address a 

conservation concern for quillback 

rockfish off of California as new 

information demonstrates the current 

management measures are not sufficient 

to control mortality as is needed. 

Therefore, providing a comment period 

for this action could hamper the 

adherence to scientifically informed 

reference points, created to ensure 

sustainability of the affected fisheries, 

and would delay measures intended to 

address localized depletion of quillback 

rockfish. In addition, trip limit increases 

for sablefish and lingcod are expected to 

potentially increase economic value of 

the fisheries by increasing harvest 

opportunity and reducing regulatory 

discards. Delaying implementation to 

allow for public comment would likely 

reduce the economic benefits to the 

commercial fishing industry and the 

businesses that rely on that industry, 

because the new regulations could not 

be implemented in time to realize the 

projected benefits to fishing 


lotter on DSK11XQN23PROD with RULES1
Federal Register / Vol. 88, No. 189 / Monday, October 2, 2023 / Rules and Regulations 67661 

communities. For these same reasons, 

NMFS finds reason to waive the 30-day 

delay in effectiveness pursuant to 5 

U.S.C. 553(d)(1) so that this final rule 

may become effective upon publication 

in the Federal Register. 

List of Subjects in 50 CFR Part 660 

Fisheries, Fishing, and Indian 

Fisheries. 

Dated: September 27, 2023. 

Jennifer M. Wallace, 

Acting Director, Office of Sustainable 

Fisheries, National Marine Fisheries Service. 

For the reasons set out in the 

preamble, 50 CFR part 660 is amended 

as follows: 

PART 660—FISHERIES OFF WEST 

COAST STATES 

■ 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. 

■ 2. Revise Table 2 (North) to part 660, 

subpart E, to read as follows: 

BILLING CODE 3510–22–P 


lotter on DSK11XQN23PROD with RULES1ER02OC23.005</GPH>

Table 2 (North) to Part 660, Subpart E-- Non-Trawl Rockfish Conservation Areas and Trip Lirrits for Lirrited Entry Fixed Gear North of 40°10' N lat. 

Other limits and requirements apply -- Read §§660 10 through 660 399 before using this table 9/26/2023 

JAN-FEB I MAR-APR I MAY-JUN I JUL-AUG I SEP-OCT I NOV-DEC 

Rockfish Conservation Area (RCA)": 

1 North of 46°16' N lat. shoreline - 100 fm line 11 

2 46°16' N lat. - 40°1 0' N lat. 30 fm line 11 - 100 fm line 11 

See §§660.60 and 660.230 for additional gear, trip lirrit and conservation area requirements and restrictions. See §§660.70-660.74 and §§660.76-660.79 for 

conservation area descriptions and coordinates (including RCAs, YRCAs, CCAs, Farallon Islands, Cordell Bank, and EFHCAs). 

State trio limits and seasons mav be more restrictive than Federal trio limits or seasons, oarticularlv in waters off Oreqon and California. 

3 Minor Slope Rockfish~ & Darkblotched 

rockfish 8,000 lb/ 2 months 

4 Pacific ocean perch 3,600 lb/ 2 months 

I 

9,000 lb/ week, 

5 Sablefish 4,500 lb/ »eek, not to exceed 9,000 lb /2 months not to exceed 

18,000 lb/2 

months 

6 Longspine thornyhead 10,000 lb/ 2 months 

7 Shortspine thornvhead 2,000 lb/ 2 months I 2,500 lb/ 2 months 

Dover sole, arrowtooth flounder, petrale sole, 

8 English sole, starry flounder, Other Flatfish31 10,000 lb/month 71 

9 Whiting 10,000 lb/ trip 

10 Minor Shelf Rockfish21 

11 I North of 42°00' N lat. 800 lb/ month 

12 142°00' N lat. -40°10' N lat. 800 lb/ month I 0 lb/month 

13 Widow rockfish 

14 I North of 42°00' N lat. 4,000 lb/ 2 months 

15 142°00' N lat. -40°10' N lat. 4,000 lb/ 2 months I 0 lb/ 2 months 

16 Yellowtail rockfish 

17 I North of 42°00' N lat. 3,000 lb/ month 

18 142°00' N lat. -40°10' N lat. 3,000 lb/ month I 0 lb/ 2 months 

19 Canary rockfish 

20 I North of 42°00' N lat. 4,000 lb/ 2 months 

21 142°00' N lat. -40°10' N lat. 4,000 lb/ 2 months I 0 lb/ 2 months 

22 Yelloweye rockfish CLOSED 

23 Quillback rockfish 

24 142°00' N lat. -40°10' N lat. 0 lb/ 2 months 

25 Minor Nearshore Rockfish Oreaon black/blue/deacon rockfish & black rockfish41 

26 North of 42°00' N lat. 5,000 lb/ 2 months, no more than 1,200 lb of which may be species other than black rockfish or blue/deacon 

rockfish31 

27 42°00' N lat. - 40°1 0' N lat. 2,000 lb/ 2 months, of which no more than 75 lb may be Quillback rockfish, and of which no more I Minor Nearshore Rockfish than 75 lb may be copper rockfish 

28 42°00' N lat. - 40°1 0' N lat. 7,000 lb/ 2 months Black Rockfish 

29 Linacod51 

30 North of 42°00' N lat. 7,000 lb/ 2 months 

31 42°00' N lat. - 40°1 0' N lat. 2. 000 lb/ 2 months 

32 Pacific cod 1,000 lb/ 2 months 

33 Spiny dogfish 200,000 lb/ 2 months I 150,000 lb/ 2 

months I 34 Longnose skate Unlimited 

35 Other Fishw Unlimited 

36 Cabezon in California Unlimited 

37 Oregon Cabezon/Kelp Greenling Unlimited 

38 Bia skate Unlimited 

1/ The Rocldish Conservation Area Is an area closed to fisting by particular gear types, bourx:ted by Imes specifically defined by latitude 

arx:t longitl.Kte coordinates set out at§§ 660.71-660.74. This RCA is not defined by depth contours (with the exception of the 20-fm 

depth contour bourx:tary south of 42° N lat.), and the boundary lines that define the RCA may close areas that are deeper or shallower 

than the depth contour. Vessels that are subject to RCA restrictions may not fish in the RCA, or operate in the RCA for any purpose 

other than transiting. 

I 

I 

100,000 lb/ 2 months 

I 

0 lb/ 2 months 

9,000 lb/ 2 

months 

0 lb/ 2 months 

0 lb/ 2 months 

2/ Minor Shelf and Slope Rockfish complexes are defined at § 660.11 . Bocaccio, ctilipepper and cowcod are included in the trip limits for Minor Shelf Rocldish. Splitnose rocl<fish is included 

in the trip limits for Minor Slope Rocldish. 

3/ "Other flatfish" are defined at§ 660.11 and incll.Kte butter sole, curlfin sole, flathead sole, Pacific sarx:tdab, rex sole, rock sole, and sand sole. 

4/ For black rocl<fish north of Cape Aiava (48°09.50' N lat.), and between Destruction Is. (47°40' N lat.) and Leadbetter Pnt. (46°38.17' N lat.), there is an additional lirrit 

of 100 lb or 30 percent by weight of all fish on board, whichever is greater, per vessel, per fishing trip. 

5/ The rrinimum size lirrit for lingcod is 22 inches (56 cm) total length f'.brth of 42° N lat. and 22 inches (56 cm) total length South of 42° N lat. 

6/ "Other Fish" are defined at§ 660.11 arx:t include kelp greenling off California and leopard shark. 

7/ LEFG vessels may be allowed to fish inside groundfish conservation areas using hook and line only. See§ 660.230 (d) of the regulations for more information. 

To convert pounds to kilograms, divide by 2.20462, the number of pounds in one kilogram. 

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67662 Federal Register / Vol. 88, No. 189 / Monday, October 2, 2023 / Rules and Regulations 

■ 3. Revise Table 2 (South) to part 660, 

subpart E, to read as follows: 


lotter on DSK11XQN23PROD with RULES1ER02OC23.006</GPH>

Table 2 (South) to Part 660, Subpart E -- Non-Trawl Rockfish Conservation Areas and Trip Limits for Limited Entry Fixed Gear South of 40°10' N lat. 

Other limits and reauirements annh, -- Read &&660 10 throuah 660 399 before usina this table 9/26/2023 

JAN-FEB I MAR-APR I MAY-JUN I JUL-AUG I SEP-OCT I NOV-DEC 

Rockfish Conservation Area CRCAl11: 

1 40°10' N lat. - 38°57.5' N lat. 40 fm line11 - 125 fm line11 

2 38°57.5' N lat. -34°27' N lat. 50 fm line11 - 125 fm line11 

3 I South of 34 °27' N lat. 100 fm line11 -150 fm line11 (also aoclies around islands) 

See §§660.60 and 660.230 for additional gear, trip limit and conservation area requirements and restrictions. See §§660.70-660.74 and §§660.76-660.79 for 

conservation area descriptions and coordinates (including RCAs, YRCAs, CCAs, Farallon Islands, Cordell Banks, and EFHCAs). 

State trip limits and seasons may be more restrictive than Federal trip limits or seasons, particularly in waters off Oregon and California. 

4 Minor Slope rockfish21 & Darkblotched 40,000 lb/ 2 months, of which no more than 6,000 lb may be blackgill rockfish rockfish 

s Splitnose rockfish 40,000 lb/ 2 months 

6 Sablefish 

7 40°10' N lat. - 36°00' N lat. 4,500 lb/ "'8ek, not to exceed 9,000 lb /2 months 

8 South of 36°00' N lat. 2,500 lb/ week 

9 Longspine thornyhead 10,000 lb/ 2 months 

10 Shortsoine thornvhead 

11 40°10' N lat. - 34°27' N lat. 2,000 lb/ 2 months I 2,500 lb/ 2 months 

12 South of 34 °27' N lat. 3,000 lb/ 2 months 

Dover sole, arrowtooth flounder, petrale sole, 

13 English sole, starry flounder, other 10,000 lb/ month 

Flatfish3/8/ 

14 Whiting 10,000 lb/ trip 

15 Minor Shelf Rockfish21 

16 I 40°10' N lat. - 34°27' N lat. 8,000 lb/ 2 months, of which no more than 500 lb may be vermilion I 

17 South of 34 °27' N lat. 5,000 lb/ 2 months, of which no more than 3,000 lb mav be vermilion 

18 Widow 

19 I 40°10' N lat. - 34°27' N lat. 10,000 lb/ 2 months I 

20 South of 34 °27' N lat. 8,000 lb/ 2 months 

21 Chilipepper 

22 I 40°10' N lat. - 34°27' N lat. 10,000 lb./ 2 months 

23 South of 34 °27' N lat. 8,000 lb./ 2 months 

24 Canary rockfish 

25 I 40°10' N lat. - 34°27' N lat. 4,000 lb/ 2 months I 

26 South of 34 °27' N lat. 4,000 lb/ 2 months 

27 Yelloweve rockfish CLOSED 

28 Quillback rockfish 0 lb/ 2 months 

29 Cowcod CLOSED 

30 Bronzespotted rockfish CLOSED 

31 Bocaccio 

32 I 40°10' N lat. - 34°27' N lat. 8,000 lb/ 2 months I 

33 South of 34 °27' N lat. 8,000 lb/ 2 months 

34 Minor Nearshore Rockfish 

35 40°10• N lat. - 34 °27' N lat. Shallow nearshore41 2,000 lb/ 2 months 

36 South of 34°27' N lat. Shallownearshore41 2,000 lb/ 2 months 

37 40°10• N lat. - 34 °27' N lat. Deeper nearshore51 2,000 lb/ 2 months, of which no more than 75 lb may be quillback rockfish, of which no more 

than 75 lb mav be coooer rockfish 

38 South of 34°27' N lat. Deeper nearshore51 2,000 lb/ 2 months, of which no more than 75 lb may be quillback rockfish, and of which no 

more than 75 lb may be copper rockfish 

39 California Scorpionfish 3,500 lb/ 2 months 

40 Linacod61 I 

41 I 40°10' N lat. - 34°27' N lat. 1,600 lb/ 2 months I 

42 South of 34 °27' N lat. 1,600 lb / 2 months 

43 Pacific cod 1,000 lb/ 2 months 

44 Spiny dogfish 200,000 lb/ 2 months I 150,000 lb/ 2 I 100,000 lb/ 2 months months 

45 Longnose skate Unlimited 

48 Other Fish71 Unlimited 

47 Cabezon in California 

48 I 40°10' N lat. - 34°27' N lat. Unlimited 

49 South of 34 °27' N lat. Unlimited 

50 Big Skate Unlimited 

1 / The Rockfish Conservation Area Is an area closed to fishing by particular gear types, bounded by lines specifically defined by latitude 

and longitude coordinates set out at§§ 660.71-660.74. This RCA is not defined by depth contours (with the exception of the 20-fm 

depth contour bollldary south of 42° N lat.), and the boundary lines that define the RCA may close areas that are deeper or shallower 

than the depth contour. Vessels that are subject to RCA restrictions may not fish in the RCA, or operate in the RCA for any purpose 

other than transiting. 

'2/ Minor Shelf and Slope Rockfish complexes are defined at§ 660.11. Pacific ocean perch is included in the trip lirrits for Minor Slope Rockfish. Blackgill rockfish have a 

species specific trip sub-linit within the Minor Slope Rockfish cum.dative limit. Yellowtail rocldish are included in the trip limits for Minor Shelf Rockfish. Bronzespotted 

rockfish have a species specific trip limit. 

3/ "other Flatfish" are defined at§ 660.11 and include butter sole, cll'lfin sole, flathead sole, Pacific sanddab, rex sole, rock sole, and sand sole. 

4/ "Shallow Nearshore" are defined at§ 660.11 under "Groundfish" (7)(i)(B)(1). 

5/ "Deeper Nearshore" are defined at§ 660.11 under "Groundfish" (7)(i)(B)(2). 

6/ The commercial mimimum size limit for lingcod is 22 inches (56 cm) total length South of 42° N lat. 

7/ "other Fish" are defined at§ 660.11 and include kelp greenling off California and leopard shark. 

8/ LEFG vessels may be allowed to fish inside groundfish conservation areas using hook and line only. See§ 660.230 (d) of the regulations for more information. 

To convert pounds to kilograms, divide by 2.20462, the number of pounds in one kilogram. 

I 

9,000 lb/week, 

not to exceed 

18,000 lb/2 

months 

0 lb/ 2 months 

0 lb/ 2 months 

0 lb/ 2 months 

0 lb/ 2 months 

O lb/ 2 months 

O lb/ 2 months 

0 lb/ 2 months 

2,000 lb/ 2 

months, of which 

no more than 75 

lb may be copper 

rockfish 

0 lb/ 2 months 

0 lb/ 2 months 

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Federal Register / Vol. 88, No. 189 / Monday, October 2, 2023 / Rules and Regulations 67663 

■ 4. Revise Table 3 (North) to part 660, 

subpart F, to read as follows: 


lotter on DSK11XQN23PROD with RULES1ER02OC23.007</GPH>

Table 3 (North) to Part 660, Subpart F -- Non-Trawl Rockfish Conservation Areas and Trip Units for Open Access Gears North of40°10' N lat. 

Other limi1s and requirements apply-- Read§§660.10 through 660.399 before using this table 9/2612023 

JAN-FEB I MAR-APR I MAY-JUN I JUL-AUG I SEP-OCT NOV-DEC 

Rockfish Conservation Area (RCA)11: I I I I I I I I I I 1 North of 46°16' N lat. I shoreline-100fmline11 

2 46°16' N lat. - 40°1 0' N lat 30fmline11 -100fmline11 

See §§660.60, 660.330 and 660.333 for additional gear, trip limit and conservation area requirements and restrictions. See §§660.70-660.74 and §§660.76-660.79 

for conservation area descriptions and coordinates (lncludlng RCAs, YRCAs, CCAs, Farallon Islands, Cordell Bank, and EFHCAs). 

State 1ri limits and seasons mav be more res1rictive than Federal trin linits or seasons narticularlv in waters off Drenon and California. 

3 Minor Slope Rockfish21 & Darkblotched 

rockftsh 

4 Pacific ocean perch 

2,000 lb/month 

100Ib/month 

5 Sableftsh 3,000 lb/week, not to exceed 6,000 lb/2 months 

6 Short ine thomvheads 

7 Lonas lne thornVheads 

8 Dover sole, arrowtooth flounder, petrale sole, 

Engllsh sole, starry flounder, Other Flatnsh3171 

9 Whiting 

10 Minor ShelfRockfish2/ 

North of 42°00' N lat. 

12 42°00' N lat - 40°1 0' N lat. 

13 Widow rockflsh 

14 Yellowta.11 rockflsh 

15 Canaryrockfish 

16 Yelloweye rockftsh 

17 Qulllback rockflsh 

18 42°00' N lat.- 40°10' N lat. 

19 Minor Nearshore Rockflsh Oreaon black/blue/deacon rockftsh & black rockflsh 

SO lb/month 

SO lb/month 

5,000lb/month 

300Ib/month 

800 lb/month 

800Ib/month 

2,000 lb/2 months 

1,500Ib/month 

2,000 lb/ 2 months 

CLOSED 

0 lb/2 months 

4,000 lb/week, not 

toexceedB,000lb/ 

2months 

400 lb/month; only 

legal non-bottom 

contacthook-andline gear(as 

defined at§ 

660.330(b)(3)) 

maybe used 

2,000 lb/ 2 months; 

between 42°00' N 

lat.-40°10' N lat., 

onlylegalnonbottomcontaci 

hook-and-line gear 

(as defined at§ 

660.330(b)(3)) 

maybe used 

1,500Ib/month; 

between 42°00' N -I 

la~~::~~, n~~~t., )> 

bottomcontaci m hook-and-ine gear r-

::o~:~~~b~(~)J m may be used 

2,000 lb/2 months; W 

between 42°00' N 

lat.-40°10'Nlat, f-,. 

only legal non- z bottomcontaci 0 

h~::-~::nl~nde a~~ar -. 

660.330(b)(3)) :::T 

maybe used 

20 North of 42°00' N lat. 5,000 lb/ 2 months, no more than 1,200 b of which may be species other than black rockfish or blue/deacon rockfish41 

21 42°00' N lat - 40°1 0' N lat. 2,000 lb/ 2 months, of which no more than 75 lb may be quillback rockfish, and of which no more than 

Minor Nearshore Rockfish 75 lb may be copper rockfish 0lb/2 months 

22 42°00' N lat - 40°1 0' N lat. 

Blackrockfish 7,000lb/2 months 0lb/2 months 

23 Llnacoda1 

24 North of 42°00' N lat. 3,500 lb/ month 4,500 lb/month 

25 42°00' N lat.- 40°10' N lat. 1 000lb/month 0lb/month 

26 Pacific cod 

27 Spinydogfish 200,000 lb/ 2 months 100,000 lb/2 months 

28 Lonanose skate Unlimited 

29 Bi skate Unlimited 

30 Other Flsh61 Unlimited 

31 Cabezon in California Unlinited 0lb/2 months 

32 Oreaon Cabezon/Kel Greenllna Unlimited 

33 SALMON TROLL (subject to RC As when retaining all species ofgroundfish, except for yellowtail rock.fish and lingcod, as described below) 

Salmon trollers may retain and land up to 500 lb ofyellowtail rockfish per month as long as salmon is on board, both 

within and outside of the RCA Salmon trollers may retain and land up to 1 lingcod per 2 Chinook per trip, plus 1 

lingcod per trip, up to a trip limit of 10 lingcod, on a trip where any fishing occurs within the RCA The lingcod limit 

34 North only applies during times when lingcod retention is allowed, and is not "CLOSED," Theses limits are within the per 

month limits described in the table above, and not in addition to those limits. All groundfish species are subject to the 

open access limits, seasons, size limits and RCA restrictions listed in the table above, unless otherwise stated here, 

35 PINK SHRIMP NON-GROUND FISH TRAWL (not subject to RCAs) 

36 North 

Effective April 1 - October 31: Groundfish: 500 lb/day, rrutliplied by the nuniler of days of the trip, not to exceed 1,500 

lb/trip. The following sublimits also apply and are counted toward the overall 500 lb/day and 1,500 lb/trip groundfish limits: 

ingcod 300 lb/month (ninirrum 24 inch size limit); sablefish 2,000 lb/month; canary, thornyheads and yelloweye rocl<fish 

are PROHIBITED. All other groundfish species taken are managed under the overall 500 lb/day and 1,500 lb/trip 

groundfish limits. Landings of these species count toward the per day and per 1rip groundfish lirri1s and do not have 

species-specific limits. The amount of groundfish landed may not exceed the amount of pink shrimp landed. 

1/ The Rockfish Conservation Area Is an area closed to fishing by particLJar gear types, bounded by llres specifically defined by lalltu:le 

and longitude coordinates set olt at §§ 660. 71-660.74. This RCA is rot defined by depth contours (with the exception of the 20-frn 

depth cortour boundary sol.th of 42° N lat.), and the boll"ldary lines that define the RCA may close areas that are deeper or shallower 

than the depth contour. Vessels that are slbject to RCA restrictions may rot fish in the RCA, or operate in the RCA for any pLrpose 

other than transiting. 

2/ Miror Shelfan:I Slope Rockfishcomplexes are defined at§ 660.11. Bocaccio, ctilipepperan:I cowcod rockfishes are inc:luded in the trip limlts for Miror Shelf Rockfish. Splitrose 

rockfishisin:::lu:ledinthetriplimitsforMinorSlopeRockfish. 

'3/"otherflatflsh''aredefined at §660.11 an:I inc:lu:le bu:tersole, CU"lfinsole, flathead sole, Pacific san:ldab, rexsole, rock sole, an:I san:I sole. 

4/ For black rockfish north of Cape Aiava (48°09.50' N lat.), and between Destruction Is. (47°40' N lat.) and Leadbetter Prt. (46°38.17' N lat.), 

there is an addtional limit of 100 lbs or 30 percert by weiglt of all fish on board, whichever is greater, per vessel, per fishing trip. 

5' The mirim..rn size limit for lingcod is 22 inches (56 cm) total length l'-brth of 42° N lat. and 22 inc:hes (56 cm) Sol.th of 42° N lat. 

6/ "other fish'' are defined at § 660.11 an:I inc:lu:le kelp greeriing off California an:I leopard shark 

7/ Open access vessels may be allowed to fish inside groundfish conservation areas using h:lokand line oriy. See§ 660.330 (d) of the regulations for more information 

To convert pounds to kilograms, divide by 2.20462, the number of pounds in one kilogram. 
67664 Federal Register / Vol. 88, No. 189 / Monday, October 2, 2023 / Rules and Regulations 

■ 5. Revise Table 3 (South) to part 660, 

subpart F, to read as follows: 


lotter on DSK11XQN23PROD with RULES1ER02OC23.008</GPH>

Table 3 (South) to Part 660, Subpart F - Non-Trawl Rockfish Conservation Areas and Trip Limits for Open Access Gears South of 40°10' N lat. 

Other limits and reauirements aoolv -- Read SS660 10 throuah 660 399 before usina this table 9/26/2023 

JAN-FEB I MAR-APR I MAY-JUN I JUL-AUG I SEP-OCT NOV-DEC 

Rockfish Conservation Area lRCAl11: I I I I I I I I I I 

1 40°10' N lat.- 38°57.5' N lat. 40 fm line 11 - 125 fm line 11 

2 38°57.5' N lat.-34°27' N lat. 50 fmline1' - 125 fm line11 

3 South of 34 °27' N lat. 1 00 frn line 11 - 150 fm line 11 (also anr lies around islands) 

See §§660.60 and 660.230 for additional gear, trip limit and conservation area requirements and restrictions. See §§660.70-660.74 and §§660.76-660.79 for 

conservation area descriptions and coordinates (including RCAs, YRCAs, CCAs, Farallon Islands, Cordell Banks, and EFHCAs). 

State trio limits and seasons mav be more restrictive than Federal trio limits or seasons, oarticularlv in waters off Oreaon and California. 

4 Minor Slope Rockfish21 & Darkblotched 10,000 lb/ 2 months, of which no more than 2,500 lb may be blackgill rockfish rockfish 

s Splitnose rockfish 200 lb/month 

6 Sablefish 

4,000 b/week, not 

7 40'10· N lat. - 36°00· N lat. 3,000 lb/ week, not to exceed 6,000 lb/2 months to exceed 8,000 lb/ 

2 months 

8 Southof36°00"Nlat. 2,000 lb/week. not to exceed 6 000 lb/ 2 months 

9 Shortpine thomyheads 

10 40°1 0' N lat. - 34 °27' N lat. 50 lb/month 

11 Longspine thornyheads 

12 40°1 0' N lat. - 34 °27' N lat. 50 lb/month 

13 Shortpine thomyheads and longspine 

thomvheads 

14 South of 34°27' N lat. 100 lb/ day, no more than 1 ,000 lb/ 2 months * Dover sole, arrowtooth flounder, petrale sole, 

~ English sole, starry flounder, Other Flatfishw 5,000 lb/month 

18 Whitina 300 lb/ month 

19 Minor Shelf Rockfish21 

2,000 lb/ 2 months, 

of which no more 

than 200 b may be 

vermilon; only legal 

20 40°10' N lat. - 34°27' N lat. non-bottom contact 

hook-and-line gear 

(as defined at § 

660.330(0)(3)) 

4 000 lb/ 2 months of which no more than 400 lb mav be vemilion mav be used 

21 South of 34°27' N lat. 3,000 lb/2 months, of which no more than 1,200 lb maybe vermilion 

22 Widow rockfish 

6,000 lb/ 2 months; 

only legal nonbottom contact 

23 40°10' N lat. - 34°27' N lat. hook-and-line gear -I (as defined at § )> 660.330(0)(3)) 

6,000 lb/ 2 months may be used OJ 24 South of 34°27' N lat. 4,000 bl 2 months r 25 Chilipepper m 6,000 lb/ 2 months; 

only legal non- w bottom contact 

2fi 40°1 0' N lat. - 34 °27' N lat. 6,000 lb/ 2 months hook-and-line gear 

(as defined at § I660.330(0)(3)) en may be used 0 

27 South of 34 °27' N lat. 4,000 lb/ 2 months C 28 Canary rockfish 

2,000 lb/ 2 months; -:::T 

only legal non- i--

bottom contact 

29 40°10' N lat. - 34°27' N lat. hook-and-line gear 

(as defined at § 

660.330(0)(3)) 

2,000 lb/ 2 months may be used 

30 South of 34 °27' N lat. 2,000 lb/ 2 months 

31 Yelloweye rockfish CLOSED 

32 Cowcod CLOSED 

33 Bronzespotted rockfish CLOSED 

34 Quillback rockfish 0 lb/2 months 

35 Bocaccio 

6,000 lb/ 2 months; 

only legal nonbottom contact 

36 40°10' N lat. - 34°27' N lat. 6,000 lb/ 2 months hook-and-line gear 

(as defined at § 

660.330(0)(3)) 

may be used 

37 South of 34 °27' N lat. 6,000 lb/ 2 months 

38 Minor Nearshore Rockfish 

39 40°10' N lat. - 34°27' N lat. Shallownearshore41 2,000 lb/ 2 months 0 lb/2 months 

40 40°10' N lat. - 34°27' N lat. Deeper nearshore51 2,000 bl 2 months, of 'Mlich no more than 75 lb may be quilback rockfish, and of which no more 0 lb/2 months than 75 lb may be copper rockfish 

41 South of34°27' N lat. Shallow nearshore41 2,000 bl 2 months 

",uuu HJ/" 

2,000 bl 2 months, of which no more than 75 lb may be quilback rockfish, and of which no more months, of which 

42 South of34°27' N lat. Deeper nearshore51 no more than 75 lb than 75 lb may be copper rockfish may be copper 

43 California Scorpionfish 3,500 lb/ 2 months 

44 Lingcod" 

45 40°10' N lat. - 34°27' N lat. 700 lb/ month Ob/month 

46 South of 34°27' N lat. 700 l:l/ month 

47 Pacific cod 1,000 lb/ 2 months 

48 Spiny dogfish 200,000 lb/ 2 months I 150,000 lb/2 I 100,000 lb/ 2 months months 

49 Longnose skate Unlimited 

50 Big skate Unlimited 

51 Other Fish71 Unlimited 

52 Cabezon in California 

53 40°1 0' N lat. - 34 °27' N lat. Unlimited Ob/month 

54 South of 34 °27' N lat. Unlimited 
Federal Register / Vol. 88, No. 189 / Monday, October 2, 2023 / Rules and Regulations 67665 

BILLING CODE 3510–22–C 

■ 6. In 660.360, revise paragraph (c)(3) 

introductory text, and paragraphs 

(c)(3)(i)(A)(1) through (5) to read as 

follows: 

§ 660.360 Recreational fishery— 

management measures. 

* * * * * 

(c) * * * 

(3) California. Seaward of California, 

for groundfish species not specifically 

mentioned in this paragraph, fishers are 

subject to the overall 20-fish bag limit 

for all species of finfish, of which no 

more than 10 fish of any one species 

may be taken or possessed by any one 

person. Petrale sole, Pacific sanddab, 

and starry flounder are not subject to a 

bag limit. Recreational spearfishing for 

all federally-managed groundfish, is 

exempt from closed areas and seasons, 

consistent with Title 14 of the California 

Code of Regulations. This exemption 

applies only to recreational vessels and 

divers provided no other fishing gear, 

except spearfishing gear, is on board the 

vessel. California state law may provide 

regulations similar to Federal 

regulations for kelp greenlings. 

Retention of cowcod, yelloweye 

rockfish, quillback rockfish, and 

bronzespotted rockfish, is prohibited in 

the recreational fishery seaward of 

California all year in all areas. Retention 

of species or species groups for which 

the season is closed is prohibited in the 

recreational fishery seaward of 

California all year in all areas, unless 

otherwise authorized in this section. For 

each person engaged in recreational 

fishing in the EEZ seaward of California, 

the following closed areas, seasons, bag 

limits, and size limits apply: 

(i) * * * 

(A) * * * 

(1) Between 42° N lat. (California/ 

Oregon border) and 40°10′ N lat. 

(Northern Management Area), 

recreational fishing for the RCG 

Complex and lingcod is closed from 

January 1 through May 14, is open at all 

depths from May 15 through October 

October 2, 2023, is prohibited in the 

EEZ shoreward of the boundary line 

approximating the 50 fm (91 m) depth 

contour along the mainland coast and 

along islands and offshore seamounts 

October 2, 2023 through December 31. 

(2) Between 40°10′ N lat. and 

38°57.50′ N lat. (Mendocino 

Management Area), recreational fishing 

for the RCG Complex and lingcod is 

closed from January 1 through May 14; 

prohibited in the EEZ shoreward of the 

boundary line approximating the 50 fm 

(91 m) depth contour along the 

mainland coast and along islands and 

offshore seamounts from May 15 

through July 15 (seaward of 50 fm (91 

m) is open), is open at all depths from 

July 16 through October 2, 2023, and is 

prohibited in the EEZ shoreward of the 

boundary line approximating the 50 fm 

(91 m) depth contour along the 

mainland coast and along islands and 

offshore seamounts from October 3, 

2023 through December 31. 

(3) Between 38°57.50′ N lat. and 

37°11′ N lat. (San Francisco 

Management Area), recreational fishing 

for the RCG Complex and lingcod is 

closed from January 1 through May 14; 

is prohibited in the EEZ shoreward of 

the boundary line approximating the 50 


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Table 3 (South) Continued 

Other limits and reauirements aoolv -- Read &&660 10 throuah 660 399 before usina this table 9/26/2023 

JAN-FEB I MAR-APR I MAY-JUN I JUL-AUG I SEP-OCT I NOV-DEC 

Rockfish Conservation Area (RCA)11: 

56140°10' N lat.- 38°57.5' N lat. 40 fm line 11 - 125 fm line 11 

57138°57.5' N lat. -34°27' N lat. 50 fm line 11 - 125 fm line 11 

sa lSouth of34°27' N lat. 100 fm line 11 - 150 fm line 11 (also applies around islands) 

See §§660.60 and 660.230 for additional gear, trip limit and conservation area requirements and restrictions. See §§660.70-660.74 and §§660.76-660.79 for 

conservation area descriptions and coordinates (including RCAs, YRCAs, CCAs, Farallon Islands, Cordell Banks, and EFHCAs). 

59 SALMON TROLL (subject to RCAs when retainin all species of groundfish, except tor yellowfail rockfish, as described below) 

Salmon trollers may retain and land up to 1 lb of yellowtail rockfish for every 2 lb of Chinook salmon landed, with a 

cumulative limit of 200 lb/month, both within and outside of the RCA This limit is within the 4,000 lb per 2 month limit for 

6{) South of 40°1 O' N lat. minor shelf rockfish between 40°1 O' and 34°27' N lat., and not in addition to that limit. All groundfish species are subject 

to the open access limits, seasons, size limits and RCA restrictions listed in the table above, unless otherwise stated 

here. 

61 RIDGEBACK PRAWN AND, SOUTH OF 38°57.50' N lat., CA HALIBUT AND SEA CUCUMBER NON-GROUNDFISH TRAWL 

62 NON-GROUNDFISH TRAWL Rockfish Conservation Area (RCA) for CA Halibut, Sea Cucumber & Ridgeback Prawn: 

63 40°10' N lat. - 38°00' N lat. 100 fm line 11 -

I 100 fm line 11 - 150 rm line 11 I 

100 fm line 11 -

200 fm line 11 200fm line 11 

64 38°00' N lat. - 34°27' N lat. 100 fm line 11 - 150 rm line 11 

65 South of 34°27' N lat. 100 fm line 11 - 150 rm line 11 

Groundfish: 300 lb/trip. Species-specific limits described in the table above also apply and are counted toward the 300 lb 

groundfish per trip limit. The amount of groundfish landed may not exceed the amount of the target species landed, 

except that the amount of spiny dogfish landed may exceed the amount of target species landed. Spiny dogfish are 

limited by the 300 lb/trip overall groundfish limit. The daily trip limits for sablefish coastwide and thornyheads south of Pt. 

66 Conception and the overall groundfish "per trip" limit may not be multiplied by the number of days of the trip. Vessels 

participating in the California halibut fishery south of 38°57.50' N lat. are allowed to (1) land up to 100 lb/day of 

groundfish without the ratio requirement, provided that at least one California halibut is landed and (2) land up to 3,000 

lb/month of flatfish, no more than 300 lb of which may be species other than Pacific sanddabs, sand sole, starry flounder, 

rock sole, curtfin sole, or California scorpionfish (California scorpionfish is also subject to the trip limits and closures in 

line 29). 

67 PINK SHRIMP NON-GROUNDFISH TRAWL GEAR (not subject to RCAs) 

Effective April 1 - October 31: Groundfish: 500 lb/day, multiplied by the number of days of the trip, not to exceed 1,500 

lb/trip. The following sublimits also apply and are counted toward the overall 500 lb/ day and 1,500 lb/ trip groundfish 

limits: lingcod 300 lb/ month (minimum 24 inch size limit); sablefish 2,000 lb/ month; canary rockfish, thornyheads and 

69 South yelloweye rockfish are PROHIBITED. All other groundfish species taken are managed under the overall 500 lb/day and 

1,500 lb/ trip groundfish limits. Landings of all groundfish species count toward the per day, per trip or other speciesspecific sublimits described here and the species-specific limits described in the table above do not apply. The amount 

of groundfish landed may not exceed the amount of pink shrimp landed. 

1/ The Rockf1sh Conservation Area Is an area closed to fisllng by particular gear types, bounded by Imes specifically defined by latitude 

and lorgitude coordinates set out at§§ 660.71-660.74. Tns RCA is not defined by depth contours (with the exception of the 20-fm 

depth contour boundary south of 42° N lat.), and the boundary lines that define the RCA may close areas that are deeper or shallower 

than the depth contour. Vessels that are subject to RCA restrictions may not fish in the RCA, or operate in the RCA for any purpose 

other than transiting. 

2/ Minor Shelf and Slope Rocl<fish complexes are defined at§ 660.11. Pacific ocean perch is induded in the trip limits for minor slope rockfish. Blackgill rockfish have 

a species specific trip sub-limit within the minor slope rockfish cumlJative limits. Yellowtail rockfish is included in the trip limits for minor shelf rockfish. Bronzespotted rockfish 

have a species specific trip limit. 

3/ "Other flatfish'' are defined at§ 660.11 and indude butter sole, curlfin sole, flathead sole, Pacific sanddab, rex sole, rock sole, and sand sole. 

4/ "Shallow Nearshore" are defined at§ 660.11 under "Groundfish'' (7)(i)(B)(1 ). 

5/ "Deeper Nearshore" are defined at§ 660.11 under "Groundfish" (7)(i)(B)(2). 

6/ The commercial mimimum size limit for lingcod is 22 inches (56 cm) South of 42° N lat. 

7/ "other fish'' are defined at§ 660.11 and includes kelp greenlirg off Galifornia and leopard shark. 

8/ Open access vessels may be allowed to fish inside groundfish conservation areas using hook and line only. See § 660.330 ( d) of the regulations for more information. 

To convert pounds to kilograms, divide by 2.20462, the number of pounds in one kilogram. 

-I 

)> 

m 

r 

m 

w 

~ 

en 

0 

C 

-:::r 

I0 

0 

:::s 

-:::s 

C 

CD 

a. 
67666 Federal Register / Vol. 88, No. 189 / Monday, October 2, 2023 / Rules and Regulations 

fm (91 m) depth contour along the 

mainland coast and along islands and 

offshore seamounts from May 15 

through July 15 (seaward of 50 fm (91 

m) is open), is open at all depths from 

July 16 through October 2, 2023, and is 

prohibited in the EEZ shoreward of the 

boundary line approximating the 50 fm 

(91 m) depth contour along the 

mainland coast and along islands and 

offshore seamounts from October 

October 3, 2023 through December 31. 

Closures around Cordell Bank (see 

paragraph (c)(3)(i)(C) of this section) 

also apply in this area. 

(4) Between 37°11′ N lat. and 34°27′ 

N lat. (Central Management Area), 

recreational fishing for the RCG 

Complex and lingcod is closed from 

January 1 through April 30, is open at 

all depths from May 1 through 

September 30; and is prohibited in the 

EEZ shoreward of a boundary line 

approximating the 50 fm (91 m) depth 

contour along the mainland coast and 

along islands and offshore seamounts 

from October 1 through December 31 

(seaward of 50 fm (91 m) is open). 

(5) South of 34°27′ N lat. (Southern 

Management Area), recreational fishing 

for the RCG Complex and lingcod is 

closed from January 1 through March 

31, open at all depths from April 1 

through September 15; and is prohibited 

in the EEZ shoreward of a boundary line 

approximating the 50 fm (91 m) depth 

contour from September 16 through 

December 31 along the mainland coast 

and along islands and offshore 

seamounts (seaward of 50 fm (91 m) is 

open), except in the CCAs where fishing 

is prohibited seaward of the 40 fm (73 

m) depth contour when the fishing 

season is open (see paragraph (c)(3)(i)(B) 

of this section). 

* * * * * 

[FR Doc. 2023–21710 Filed 9–29–23; 8:45 am] 

BILLING CODE 3510–22–C 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 679 

[Docket No. 230306–0065; RTID 0648– 

XD425] 

Fisheries of the Exclusive Economic 

Zone Off Alaska; Reallocation of 

Pacific Cod in the Bering Sea and 

Aleutian Islands Management Area 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Temporary rule; reallocation. 

SUMMARY: NMFS is reallocating the 

projected unused amount of Pacific cod 

from trawl catcher vessels to catcher 

vessels less than 60 feet (18.3 m) length 

overall (LOA) using hook-and-line or 

pot gear and to Amendment 80 trawl 

catcher/processors in the Bering Sea and 

Aleutian Islands management area 

(BSAI). This action is necessary to allow 

the 2023 total allowable catch (TAC) of 

Pacific cod to be harvested. 

DATES: Effective September 26, 2023, 

through 2400 hours, Alaska local time 

(A.l.t.), December 31, 2023. 

FOR FURTHER INFORMATION CONTACT: 

Krista Milani, 907–581–2062. 

SUPPLEMENTARY INFORMATION: NMFS 

manages the groundfish fishery in the 

BSAI according to the Fishery 

Management Plan for Groundfish of the 

Bering Sea and Aleutian Islands 

Management Area (FMP) prepared by 

the North Pacific Fishery Management 

Council under authority of the 

Magnuson-Stevens Fishery 

Conservation and Management Act 

(Magnuson-Stevens Act). Regulations 

governing fishing by U.S. vessels in 

accordance with the FMP appear at 

subpart H of 50 CFR part 600 and 50 

CFR part 679. 

The 2023 Pacific cod TAC specified 

for trawl catcher vessels in the BSAI is 

26,307 mt as established by the final 

2023 and 2024 harvest specifications for 

groundfish in the BSAI (88 FR 14926, 

March 10, 2023), correction (88 FR 

18258, March 28, 2023) and reallocation 

(88 FR 56778, August 21, 2023). 

The 2023 Pacific cod TAC allocated to 

catcher vessels less than 60 feet (18.3 m) 

LOA using hook-and-line or pot gear in 

the BSAI is 4,740 mt as established by 

the final 2023 and 2024 harvest 

specifications for groundfish in the 

BSAI (88 FR 14926, March 10, 2023), 

correction (88 FR 18258, March 28, 

2023), and reallocations (88 FR 18443, 

March 29, 2023; 88 FR 56778, August 

21, 2023). 

The 2023 Pacific cod TAC allocated to 

Amendment 80 trawl catcher/processors 

in the BSAI is 16,254 mt as established 

by the final 2023 and 2024 harvest 

specifications for groundfish in the 

BSAI (88 FR 14926, March 10, 2023), 

and correction (88 FR 18258, March 28, 

2023). 

The Administrator, Alaska Region, 

NMFS, (Regional Administrator) has 

determined that trawl catcher vessels 

will not be able to harvest 1,000 mt of 

the 2023 Pacific cod TAC allocated to 

those vessels under 

§ 679.20(a)(7)(ii)(A)(9). 

Therefore, in accordance with 

§ 679.20(a)(7)(iii)(A), NMFS reallocates 

300 mt from trawl catcher vessels to the 

annual amount specified for catcher 

vessels less than 60 feet (18.3 m) LOA 

using hook-and-line or pot gear, and in 

accordance with § 679.20(a)(7)(iii)(B), 

NMFS reallocates 700 mt from trawl 

catcher vessels to the annual amount 

specified for Amendment 80 trawl 

catcher/processors. 

The harvest specifications for 2023 

Pacific cod included in final 2023 and 

2024 harvest specifications for 

groundfish in the BSAI (88 FR 14926, 

March 10, 2023), correction (88 FR 

18258, March 28, 2023), and 

reallocations (88 FR 18443, March 29, 

2023; 88 FR 56778, August 21, 2023) is 

revised as follows: 25,307 mt to trawl 

catcher vessels, 5,040 mt to catcher 

vessels less than 60 feet (18.3 m) LOA 

using hook-and-line or pot gear, and 

16,954 mt to Amendment 80 trawl 

catcher/processors. 

Classification 

NMFS issues this action pursuant to 

section 305(d) of the Magnuson-Stevens 

Act. This action is required by 50 CFR 

part 679, which was issued pursuant to 

section 304(b), and is exempt from 

review under Executive Order 12866. 

Pursuant to 5 U.S.C. 553(b)(B), there 

is good cause to waive prior notice and 

an opportunity for public comment on 

this action, as notice and comment 

would be impracticable and contrary to 

the public interest. This requirement is 

impracticable and contrary to the public 

interest as it would prevent NMFS from 

responding to the most recent fisheries 

data in a timely fashion and would 

allow for harvests that exceed the 

originally specified apportionment of 

the Pacific cod TAC. NMFS was unable 

to publish a notice providing time for 

public comment because the most 

recent, relevant data only became 

available as of September 26, 2023. 

The Assistant Administrator for 

Fisheries, NOAA also finds good cause 

to waive the 30-day delay in the 

effective date of this action under 5 

U.S.C. 553(d)(3). This finding is based 

upon the reasons provided above for 

waiver of prior notice and opportunity 

for public comment. 

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

Dated: September 26, 2023. 

Jennifer M. Wallace, 

Acting Director, Office of Sustainable 

Fisheries, National Marine Fisheries Service. 

[FR Doc. 2023–21556 Filed 9–26–23; 4:15 pm] 

BILLING CODE 3510–22–P 


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