[Federal Register Volume 88, Number 207 (Friday, October 27, 2023)]
[Proposed Rules]
[Pages 73810-73822]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-23686]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 660

[Docket No. 231023-0250]
RIN 0648-BM60


Magnuson-Stevens Act Provisions; Fisheries Off West Coast States; 
Pacific Coast Groundfish Fishery; Pacific Coast Groundfish Fishery 
Management Plan; 2024 Specifications and Management Measures 
Corrections

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

ACTION: Proposed rule; request for comments.

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SUMMARY: This rule proposes to correct 2024 harvest specifications for 
several species of groundfish where the numerical values were 
mathematically calculated incorrectly and do not accurately reflect the 
harvest policy recommendations of the Pacific Fishery Management 
Council (Council). These harvest specifications are for groundfish 
caught in the U.S. exclusive economic zone seaward of Washington, 
Oregon, and California, consistent with the Magnuson-Stevens Fishery 
Conservation and Management Act (Magnuson-Stevens Act) and the Pacific 
Coast Groundfish Fishery Management Plan (PCGFMP). This proposed rule 
would revise harvest limits or allocations that were calculated based 
on incorrect annual catch limits. This action would implement corrected 
numerical values that align with the Council's intended harvest policy 
decisions and considers the most recent fishery information available 
at the time those policies were recommended.

DATES: Comments must be received no later than November 13, 2023.

ADDRESSES: Submit your comments on the proposed rule identified by 
NOAA-NMFS-2023-0108, by the following method:
    <bullet> Electronic Submissions: Submit all electronic public 
comments via the Federal e-Rulemaking Portal. Go to https://www.regulations.gov and enter NOAA-NMFS-2023-0108 in the Search box. 
Click the ``Comment'' icon, complete the required fields, and enter or 
attach your comments.
    Instructions: Comments must be submitted by the above method to 
ensure that the comments are received, documented, and considered by 
NMFS. Comments sent by any other method, to any other address or 
individual, or received after the end of the comment period, may not be 
considered. All comments received are a part of the public record and 
NMFS will post for public viewing on https://www.regulations.gov 
without change. All personal identifying information (e.g., name, 
address, etc.), confidential business information, or otherwise 
sensitive information submitted voluntarily by the sender is publicly 
accessible. NMFS will accept anonymous comments (enter ``N/A'' in the 
required fields if you wish to remain anonymous).

Electronic Access

    This rulemaking is accessible via the internet at the Office of the 
Federal Register website at https://

[[Page 73811]]

www.federalregister.gov/. Background information and documents 
including an analysis for the policy decisions underpinning this action 
(Analysis), which addresses the statutory requirements of the Magnuson-
Stevens Act are available from the Council's website at https://www.pcouncil.org. The final 2022 Stock Assessment and Fishery 
Evaluation (SAFE) report for Pacific Coast groundfish, as well as the 
SAFE reports for previous years, are available from the Council's 
website at https://www.pcouncil.org. The final Environmental Assessment 
(EA) and Regulatory Impact Review from the 2023-2024 harvest 
specifications is available from the NMFS website at https://www.fisheries.noaa.gov/region/west-coast.

FOR FURTHER INFORMATION CONTACT: Gretchen Hanshew, Fishery Management 
Specialist, at 206-526-6147 or <a href="/cdn-cgi/l/email-protection#4b2c392e3f28232e2565232a2538232e3c0b25242a2a652c243d"><span class="__cf_email__" data-cfemail="f0978295849398959ede98919e83989587b09e9f9191de979f86">[email protected]</span></a>.

SUPPLEMENTARY INFORMATION: 

I. Background

    Chapter 5 of the PCGFMP requires the Council to assess the 
biological, social, and economic conditions of the Pacific coast 
groundfish fishery and use this information to develop harvest 
specifications and management measures at least biennially. The 
Council's final recommendations for 2024 harvest specifications and 
management measures for over 120 species and management units were made 
at its April and June 2022 meetings and published in a proposed rule on 
October 14, 2022 (87 FR 62676). No public comments regarding the 
subject harvest specifications and management measures were received, 
and NMFS published the final rule on December 16, 2022 (87 FR 77007). 
Hereafter, these proposed and final rules for the 2023-2024 harvest 
specifications and management measures will be referred to as the 
``original'' proposed and final rules. In a small subset (six species 
or management units) of those harvest specifications and harvest target 
management measures regulations, the numerical values were 
miscalculated and are either too high (increasing risk of overfishing) 
or are too low (increasing risk of not achieving optimum yield). 
Specific details on the errors and corrected values for each species 
are discussed below.
    The subject harvest policies used to calculate the numerical values 
(both original and corrected values in this proposed rule) for these 
harvest specifications and harvest target management measures are not 
revised from those described in the original proposed and final rules 
for the 2023-2024 harvest specifications and management measures. 
However, the correctly calculated values for those policies were not 
published during the rulemaking process. Therefore, we are seeking 
comments on the regulation changes in this action. All comments 
received by the end of the comment period will be considered. These 
measures are intended to help prevent overfishing, rebuild overfished 
stocks, achieve optimum yield, and ensure management measures are based 
on the best scientific information available.

II. Corrections to Harvest Specifications and Harvest Targets

    Harvest specifications are numerical values of the harvestable 
surplus and include overfishing limits (OFLs), the annual biological 
catch (ABC), and annual catch limits (ACLs). Additional information on 
harvest specifications and how they are calculated and used for fishery 
management can be found in the preamble of the original proposed rule. 
Harvest targets are management measures calculated based on allocations 
and sharing agreements between fishery sectors and/or states. Harvest 
targets are calculated based on ACLs. If the ACL numerical values are 
incorrect, harvest targets will also be incorrect. The OFLs, ABCs, and 
ACLs in this proposed rule are based on the best available biological 
data, including projected biomass trends, information on assumed 
distribution of stock biomass, and technical methods used to calculate 
stock biomass and apportion that biomass within the allocation 
structure of the PCGFMP. Mistakes in the calculation and apportionment 
of harvestable surplus were made early in the harvest specifications 
process that resulted in incorrect OFLs for a few species. Those 
mistakes were not caught, and some propagated all the way through ABCs, 
ACLs, and the setting of management measures like catch sharing and 
allocations.
    In preparing for the development of 2025-26 biennial harvest 
specifications and management measures during the summer of 2023, 
calculation errors for the 2023-2024 harvest specifications were 
discovered. This meant that the numerical values in the regulations in 
both 2023 and 2024 were not representative of the harvest policies and 
technical documents for calculating harvest specifications that had 
been recommended by the Council. As described below, in developing the 
2023-2024 harvest specifications, the intent of the Council was to rely 
on the best scientific information available. The Council and the 
proposed rule correctly cite the most up to date analytical documents 
(e.g., the most recent stock assessment information and the 2022 Stock 
Assessment and Fishery Evaluation (SAFE) document, See ADDRESSES). 
However, numerical values provided in the 2023-2024 harvest 
specifications were drawn from prior harvest specification cycles, 
which resulted in calculation errors in the original proposed and final 
rules. This rulemaking is necessary to reflect the intent of the 
Council and NMFS in the 2023-2024 harvest specifications and management 
measures and the descriptions of the harvest specifications in the 
original proposed rule. This proposed rule would correct the errors for 
the 2024 harvest specifications, as recommended by the Council at its 
September 7-14, 2023 meeting.
    Due to the timing of being made aware of these mistakes, and 
because the 2023 fishing season was more than 75 percent complete by 
the time the Council considered this issue at its September 2023 
meeting, we are only proposing corrections for the 2024 fishing season, 
which begins on January 1, 2024. This action proposes correctly 
calculated numerical values for 2024 that are representative of the 
Council-recommended harvest control rules and that incorporate fishery 
and other scientific information that was inadvertently omitted in the 
original proposed and final rules. This action would not revise static 
numerical values deducted from the ACLs, such as set-asides for tribal 
fisheries or scientific research, except for sablefish north as 
described below. All other deductions from the ACLs remain the same as 
those described in the original proposed rule.
    The 2022 SAFE document includes a detailed description of the 
scientific basis for all of the Council Science and Statistical 
Committee-recommended OFLs proposed in this rule, and is available at 
the Council's website, https://www.pcouncil.org.
    For all species described below, revised 2024 OFLs, ABCs, ACLs and 
fishery harvest guidelines are proposed at table 2a to subpart C, and 
in some cases other necessary adjustments to numerical harvest target 
management measures in footnotes to that table are also made. For all 
species described below, except for sablefish north, revised 2024 trawl 
or non-trawl allocations are proposed at table 2b to subpart C. 
Additionally, for all species described below, revised 2024 shorebased 
IFQ allocations are proposed at Sec.  660.140(d)(1)(ii)(D). Any 
additional species-specific proposed regulatory

[[Page 73812]]

changes are described in species-specific sections below.

A. Canary Rockfish (Sebastes Pinniger)

    Canary rockfish are a shelf species that is harvested in both 
commercial and recreational fisheries. It is an important component of 
shelf fisheries, and harvests have been well-below the ACLs in recent 
years. Harvest specifications are calculated for future years by 
assuming that the entire ACL will be harvested every year from the year 
the assessment is conducted. The Council routinely conducts catch-only 
updates to projections of harvest, so that the next harvest 
specifications cycle can account for under-attainment in recent years, 
resulting in increased yields. Such a catch-only projection for canary 
rockfish was conducted in 2021 for the 2023-2024 harvest 
specifications, but the old and not updated projections from the 2019 
analysis were mistakenly carried forward to the 2023-2024 harvest 
specifications. The OFL, ABC, and ACL values, and the resulting 
allocations and harvest targets, should have been higher in 2023-2024 
than what was implemented by the original final rule.
    The July 2022 SAFE document describes how the harvest 
specifications for 2023 and beyond were intended to be informed by the 
2021 catch-only projection. The 2024 OFL of 1,434 mt (3,161,429 lb), 
and subsequent calculations of ABC, ACL, allocations, and harvest 
targets, are correctly calculated in this proposed rule (table 1) based 
on the harvest control rules described in the SAFE document and the 
original proposed rule. Additionally, updated 2021 projections from the 
catch-only update were referenced in the SAFE document and are the same 
as those proposed in this rule. The proposed harvest specifications and 
the resulting numerical calculations of harvest target management 
measures for canary rockfish are all based on the best scientific 
information available and follow the same allocative formulas that were 
used in the original proposed and final rules and described in the SAFE 
document.

  Table 1--Proposed Corrections to 2024 Canary Rockfish OFL, ABC, ACL,
                Allocations, and Harvest Guidelines (HGs)
------------------------------------------------------------------------
                                   Original proposed
       2024 Specification           and final rules   Proposed corrected
                                         (mt)                (mt)
------------------------------------------------------------------------
OFL.............................               1,401               1,434
ABC.............................               1,267               1,296
ACL.............................               1,267               1,296
Fishery HG......................             1,198.1             1,227.4
Trawl (72.3%)...................               866.2               887.4
Shorebased IFQ..................              830.22              851.42
Non-trawl (27.7%)...............               331.9               340.0
Nearshore/non-nearshore HG......               119.5               122.4
Washington Recreational HG......                40.8                41.8
Oregon Recreational HG..........                61.4                62.9
California Recreational HG......               110.2               112.9
------------------------------------------------------------------------

B. Darkblotched Rockfish (Sebastes Crameri)

    Darkblotched rockfish is a healthy slope species predominantly 
harvested in commercial fisheries. Like canary rockfish, darkblotched 
rockfish is an important component for groundfish fisheries and harvest 
has been below the ACL in recent years. As is the case with canary 
rockfish, a catch-only projection update for darkblotched rockfish was 
conducted in 2021 to increase yields in 2023-2024 but the update was 
mistakenly not used in calculating the numerical values of the 2023-
2024 harvest specifications that were implemented through notice and 
comment rulemaking. The numerical values of the OFL, ABC, ACL, and 
resulting allocations and harvest targets implemented through the 
original proposed and final rules were too low.
    The July 2022 SAFE document describes how the darkblotched rockfish 
harvest specifications for 2023 and beyond were intended to be informed 
by the 2021 catch-only projection. Numerical values in this proposed 
rule are based on the 2021 projections from the catch-only update, as 
recommended by the Council. This rule proposes a 2024 OFL of 857 mt 
(1,889,000 lb), and subsequent calculations of ABC, ACL, and 
allocations and harvest targets (table 2), which were calculated using 
the harvest control rules described in the SAFE document and the 
proposed rule for the 2023-2024 harvest specifications and management 
measures. Therefore, the proposed harvest specifications and the 
resulting numerical calculations of harvest target management measures 
for darkblotched rockfish are all based on the best scientific 
information available and follow the same allocative formulas that were 
used in the original proposed and final rules and described in the SAFE 
document.

  Table 2--Proposed Corrections to 2024 Darkblotched Rockfish OFL, ABC,
             ACL, Allocations, and Harvest Guidelines (HGs)
------------------------------------------------------------------------
                                   Original proposed
       2024 Specification           and final rules   Proposed corrected
                                         (mt)                (mt)
------------------------------------------------------------------------
OFL.............................                 822                 857
ABC.............................                 751                 782
ACL.............................                 750                 782
Fishery HG......................               726.2               758.7
Trawl (72.3%)...................               689.9               720.8
Shorebased IFQ..................              613.53              644.34

[[Page 73813]]

 
Non-trawl (27.7%)...............                36.3                37.9
------------------------------------------------------------------------

C. Sablefish (Anoplopoma Fimbria)

    Sablefish is assessed coastwide but has formal, long-term 
allocations in the area north of 36[deg] N latitude (lat.). Therefore, 
ACLs for that geography must be calculated to carry out the north of 
36[deg] N lat. allocations prescribed in the PCGFMP. The Council 
adopted a methodology that is described in footnote z to table 2a of 
subpart C, where the 5-year rolling average of proportional biomass 
north and south of 36[deg] N lat. from fishery-independent survey data 
will be used to apportion coastwide ACLs. Due to an error, the ACL 
apportionment north and south of 36[deg] N lat. percentages were not 
updated with the most recent years' survey information in the 
development of the 2023-2024 harvest specifications. This resulted in 
the northern ACL being too high and the southern ACL being too low in 
the original proposed and final rules.
    The apportionment percentages of the ACLs north and south that were 
published in the original proposed and final rules were not consistent 
with the adopted, described methodology in those same Federal Register 
documents. The erroneous percentages of 78.4 percent apportioned north 
of 36[deg] N lat. and 21.6 percent apportioned south of 36[deg] N lat. 
were used to calculate ACLs. These percentages used 2014-2018 survey 
data instead of 2015-2019 survey data, which was the most up to date 5-
year rolling average that was available at the time. Using the 
described methodology of ``the rolling 5-year average estimated swept 
area biomass from the NMFS NWFSC trawl survey'', the correct 
percentages that should have been used are 77.9 percent apportioned 
north of 36[deg] N lat. and 22.1 percent apportioned south of 36[deg] N 
lat. (table 3).
    Consistent with the intent of the Council and NMFS, and as 
described in the original proposed rule, this proposed rule applies 
that apportionment, which decreases the 2024 sablefish north of 36[deg] 
N lat. ACL by 50 mt (110,231 lb) to 7,730 mt (17,042,000 lb) and 
increases the 2024 sablefish south of 36[deg] N lat. ACL by 50 mt 
(110,231 lb) to 2,193 mt (2,850,577 lb) in table 2a to subpart C. 
Accordingly, the formal allocation and sharing percentages north of 
36[deg] N lat. would be applied reducing numerical values stemming from 
the corrected north ACL (table 4) and regulations would be updated with 
reduced values in tables 2c to subpart C and Sec.  
660.140(d)(1)(ii)(D). Further calculations within the limited entry 
fixed gear sector include tier limit calculations shown in (table 5) 
and found at Sec.  660.231(b)(3)(i). Additionally, the 10 percent 
tribal share is recalculated based on the new ACL and is proposed to 
decrease by 5 mt (11,023 lb) to 773 mt (1,704,000 lbs) at Sec.  
660.50(f)(2)(ii).
    Likewise, subsequent breakdowns of numerical harvest targets in 
regulations for sablefish south of 36[deg] N lat. that stem from ACLs 
would be increased as shown in table 6 and at table 2b to subpart C, 
and at Sec.  660.140(d)(1)(ii)(D). All changes are proportional to the 
increase and decrease in the respective sablefish ACLs and do not 
require, or result in changes to, harvest sharing agreements described 
in the original proposed and final rules for the 2023-2024 harvest 
specifications and management measures and supporting analyses.

 Table 3--Percentage of Biomass Used To Apportion Sablefish ACLs to Two
  Areas per Five-Year Rolling Average in the Initial Rulemaking (2014-
               2018) and in This Proposed Rule (2015-2019)
------------------------------------------------------------------------
                                     Apportionment       Apportionment
              Area                  (2014-2018) (%)     (2015-2019) (%)
------------------------------------------------------------------------
North of 36[deg] N lat..........                78.4                77.9
South of 36[deg] N lat..........                21.6                22.1
------------------------------------------------------------------------


  Table 4--Proposed Revisions to 2024 Sablefish North of 36[deg] N Lat.
 ACL, Shares, Allocations, and Harvest Guidelines (HGs) for Table 2c to
                                Subpart C
------------------------------------------------------------------------
                                   Original proposed
Specification, allocations, etc.    and final rules   Proposed corrected
                                         (mt)                (mt)
------------------------------------------------------------------------
ACL.............................               7,780               7,730
Tribal Share \a\................         778 (764.8)         773 (759.9)
Commercial HG...................               6,964               6,919
Limited Entry (LE) HG...........               6,309               6,269
Open Access HG..................       \b\ 665 (655)                 650
LE Trawl........................               3,659               3,636
Shorebased IFQ \c\..............            3,559.56            3,535.91
All Fixed Gear..................               2,650               2,633
Primary.........................               2,252               2,238
Daily Trip Limit (DTL)..........                 397                 395
------------------------------------------------------------------------
\a\ The tribal allocation is further reduced by 1.7 percent for discard
  mortality, shown in parentheses.

[[Page 73814]]

 
\b\ Open Access HG is 9.4 percent of the Commercial HG, which should
  have been 655 mt (shown in parentheses), but 665 mt is what was in the
  original proposed and final rules.
\c\ Allocations to the Shorebased IFQ Program are rounded to the nearest
  metric ton in table 2c to subpart C but are carried to two decimal
  places at table 1 to paragraph (d)(1)(ii)(D) in Sec.   660.140.


  Table 5--Proposed Revisions to 2024 Sablefish South of 36[deg] N Lat.
    ACL and Harvest Guidelines (HGs) for Table 2a and 2b to Subpart C
------------------------------------------------------------------------
                                   Original proposed
Specification, allocations, etc.    and final rules   Proposed corrected
                                         (lbs)               (lbs)
------------------------------------------------------------------------
ACL.............................               2,143               2,193
Fishery HG......................             2,115.6             2,165.6
Trawl Allocation................               888.6               909.6
Non-trawl Allocation............               1,227               1,256
------------------------------------------------------------------------


  Table 6--Proposed Revisions to 2024 Sablefish North of 36[deg] N Lat.
                 Tier Limits at Sec.   660.231(b)(3)(i)
------------------------------------------------------------------------
                                   Original proposed
              Tier                  and final rules   Proposed corrected
                                         (lbs)               (lbs)
------------------------------------------------------------------------
One (1).........................              66,805              66,377
Two (2).........................              30,366              30,171
Three (3).......................              17,352              17,241
------------------------------------------------------------------------

D. Squarespot Rockfish (Sebastes Hopkinsi) and Minor Shelf Rockfish 
South of 40[deg]10' N Lat.

    Squarespot rockfish is a dwarf species occurring off the coast of 
California that is not targeted in commercial or recreational fisheries 
and is managed as part of a group of minor shelf species. The 2021 
data-moderate assessment found squarespot rockfish to be just below the 
management target; therefore default harvest control rules employ a 
precautionary reduction, per the PCGFMP framework, to decrease the 
harvest specifications and recover the stock to target population size. 
The squarespot rockfish harvest specifications contribute, along with 
several other species, to the minor shelf rockfish complex harvest 
specifications south of 40[deg]10' N lat. (hereafter ``south''); 
therefore, there are no harvest specifications specific to squarespot 
rockfish in the regulations and none are described in detail in the 
original proposed rule. However, the original proposed rule and the 
SAFE document do describe how harvest specifications for 2023-2024 were 
based on the results of the 2021 squarespot rockfish stock assessment. 
The 2021 squarespot rockfish stock assessment underwent scientific 
review, per the Council's operating procedures, and was endorsed by 
NMFS and the Council's scientific and statistical committee as the best 
scientific information available upon which to base harvest 
specifications.
    It was recently discovered that an error occurred and 2023-2024 
harvest specification contributions for squarespot rockfish were not 
updated with new numbers based on the 2021 stock assessment. This 
resulted in squarespot rockfish contributions to the minor shelf 
rockfish complex south harvest specifications, which were implemented 
in the original proposed and final rules, that were too high and were 
not calculated based on the best scientific information available. 
Squarespot rockfish harvest specifications contributions being too high 
means that the minor shelf rockfish complex south harvest 
specifications and all subsequent harvest targets were also too high. 
For example, the squarespot rockfish ACL contribution was 4.8 mt too 
high, which resulted in the complex ACL also being 4.8 mt too high.
    This rulemaking would reduce the minor shelf rockfish complex south 
harvest specifications, including an ACL reduction of 4.8 mt (10,582 
lb) to 1,463 mt (3,225,363 lb), by calculating the complex harvest 
specifications with the correct OFL, ABC, and ACL squarespot rockfish 
contributions found in the 2021 assessment (table 7). The minor shelf 
rockfish south harvest specifications shown in table 8 and in 
regulations at table 2a to subpart C for OFL, ABC, and ACL would be 
reduced to 1,833 mt (4,041,073 lb), 1,464 mt (3,227,568 lb), and 1,464 
mt (3,227,568 lb), respectively. The minor shelf rockfish south fishery 
harvest guideline would also be reduced by 4.8 mt and subsequent trawl 
and non-trawl allocations would also be proportionally reduced in both 
table 2a and table 2b to subpart C. Due to the reduction of the trawl 
allocation, the allocation to the Shorebased IFQ Program at Sec.  
660.140(d)(1)(ii)(D) is proportionally reduced based on previously 
established formulas in the PCGFMP. The revised harvest specifications 
and the resulting numerical calculations of harvest target management 
measures are all based on the best scientific information available and 
follow the same allocative formulas that were used in the original 
proposed and final rules and described in the SAFE document.

 Table 7--Proposed Change in 2024 Squarespot Rockfish OFL, ABC, and ACL
     Contributions to the Minor Shelf Rockfish South Complex Harvest
                             Specifications
------------------------------------------------------------------------
                                   Original proposed
   2024 Harvest specification       and final rules   Proposed corrected
                                         (mt)                (mt)
------------------------------------------------------------------------
OFL.............................                11.1                 6.0
ABC.............................                 9.6                 5.2

[[Page 73815]]

 
ACL.............................                 9.6                 4.8
------------------------------------------------------------------------


 Table 8--2024 Minor Shelf Rockfish South OFL, ABC and ACL, and Harvest
     Target Management Measures, With Corrected Squarespot Rockfish
                              Contributions
------------------------------------------------------------------------
                                   Original proposed
   2024 Harvest specification       and final rules   Proposed corrected
                                         (mt)                (mt)
------------------------------------------------------------------------
OFL.............................               1,838               1,833
ABC.............................               1,469               1,464
ACL.............................               1,469               1,464
Fishery HG......................             1,336.2             1,331.4
Trawl (12.2%)...................               163.0              162.43
IFQ.............................                 163               162.4
Non-trawl (87.8%)...............             1,173.2             1,169.0
------------------------------------------------------------------------

E. Yelloweye Rockfish (S. Ruberrimus)

    Yelloweye rockfish is the only species in the PCGFMP currently 
managed under a rebuilding plan. Additional details for the harvest 
specifications and management measures of this species are described in 
the original proposed rule in the section ``Stocks in Rebuilding 
Plans.'' The 2023-2024 yelloweye rockfish harvest specifications are 
described in the proposed rule, as well as in the July 2022 SAFE 
document, as being consistent with the rebuilding plan in regulations 
at Sec.  660.40(a). However, the numerical values for the 2023 and 2024 
OFLs, ABCs, and ACLs that were recommended by the Council and 
implemented by NMFS were miscalculated, in part, due to erroneous 
application of time-varying sigma values (table 9). Time-varying sigma 
values are part of default harvest control rules implemented in the 
PCGFMP such that the decrease from the OFL to the ABC increases each 
year, creating a larger and larger scientific uncertainty buffer as a 
stock assessment ages. The error resulted in OFLs, all the subsequent 
harvest specifications, and all the harvest sharing agreements that are 
calculated from the ACLs, being too high in 2023 and 2024 as 
implemented in the original final rule.
    The Council considered updated estimates of yelloweye rockfish 
harvest at its September 9-14, 2023 meeting. Estimated harvest of 
yelloweye rockfish through the end of 2023 of 34.4 mt (75,839 lbs) is 
expected to be below the correct, lower 2023 ACL of 53.3 mt (117,506 
lbs). There does not appear to be a conservation concern in meeting 
rebuilding plan parameters in 2023 despite harvest specifications that 
are mistakenly too high.
    The proposed 2024 yelloweye rockfish ACL in this rule of 53.3 mt 
(table 10) is a 19 percent reduction from the 2024 ACL in the original 
proposed and final rule but is consistent with the numerical value 
presented for 2024 in projections in the yelloweye rockfish rebuilding 
analysis published in January 2018. Therefore, the harvest 
specifications in this proposed rule are based on the rebuilding plan, 
and corresponding proportional reductions to harvest targets are 
implementing the harvest policies and management measures recommended 
by the Council for 2024.
    Tables 9 and 10 show the proposed revisions to the harvest 
specifications and harvest targets for yelloweye rockfish for 2024.

       Table 9--Incorrect 2024 Harvest Specifications for Yelloweye Rockfish Implemented by the 2023-2024
                         Specifications and Management Measures Proposed and Final Rules
----------------------------------------------------------------------------------------------------------------
                                     OFL (mt)        ABC (mt)        ACL (mt)         HG (mt)        ACT (mt)
----------------------------------------------------------------------------------------------------------------
All sectors.....................             123             103              66            55.3  ..............
Non-trawl.......................  ..............  ..............  ..............            50.9            39.9
    Non-Nearshore...............  ..............  ..............  ..............            10.7             8.4
    Nearshore...................  ..............  ..............  ..............
    Washington Recreational.....  ..............  ..............  ..............            13.2            10.4
    Oregon Recreational.........  ..............  ..............  ..............            11.7             9.2
    California Recreational.....  ..............  ..............  ..............            15.3            12.0
Trawl/Shorebased IFQ \a\........  ..............  ..............  ..............            4.42  ..............
----------------------------------------------------------------------------------------------------------------
\a\ The trawl allocation is in regulations to one decimal place. Allocations to the Shorebased IFQ Program are
  100 percent of the trawl allocation but carried to two decimal places at table 1 to paragraph (d)(1)(ii)(D) in
  Sec.   660.140.


[[Page 73816]]


       Table 10--Proposed 2024 Harvest Specifications for Yelloweye Rockfish, Based on the Rebuilding Plan
----------------------------------------------------------------------------------------------------------------
                                     OFL (mt)        ABC (mt)        ACL (mt)         HG (mt)        ACT (mt)
----------------------------------------------------------------------------------------------------------------
All sectors.....................            91.2            75.9            53.3            42.6  ..............
Non-trawl.......................  ..............  ..............  ..............            39.2            30.7
    Non-Nearshore & Nearshore...  ..............  ..............  ..............             8.2             6.4
    Washington Recreational.....  ..............  ..............  ..............            10.0             7.9
    Oregon Recreational.........  ..............  ..............  ..............             9.1             7.2
    California Recreational.....  ..............  ..............  ..............            11.8             9.3
Trawl/Shorebased IFQ............  ..............  ..............  ..............            3.41  ..............
----------------------------------------------------------------------------------------------------------------

F. Yellowtail Rockfish (S. Flavidus) North of 40[deg]10' N Lat.

    Yellowtail rockfish are a healthy shelf species that is commonly 
caught in both commercial and recreational fisheries throughout its 
range, and commonly occur with canary rockfish and widow rockfishes. 
Despite its popularity in commercial and recreational fisheries, its 
association with those formerly rebuilding species has kept catch well 
below ACLs for over a decade, with slight increases in recent years as 
those co-occurring species are rebuilt and as access to waters where 
yellowtail rockfish are common has increased.
    Harvest specifications and management measures pertinent to 
yellowtail rockfish north of 40[deg]10' N lat. (hereafter ``north'') 
were not described in detail in the original proposed and final rules 
for the 2023-2024 harvest specifications and management measures 
because no changes to harvest control rules or management measures were 
proposed for this species. The species was last assessed in 2017, and 
harvest specifications for 2023-2024 were intended to be calculated 
based on the 2017 stock assessment. In August 2023, it was discovered 
that all harvest specifications for yellowtail rockfish north from 2019 
through 2024 have been calculated incorrectly, such that the harvest 
specification numerical values, and all subsequent harvest target 
calculations based on those ACLs, were not accurately calculated based 
on the 2017 assessment. The harvest specifications that were 
recommended by the Council and implemented by NMFS in recent years were 
therefore too high.
    The proposed 2024 yellowtail rockfish north OFL of 5,795 mt 
(12,776,000 lbs) is a 5 percent reduction in the 2024 OFL from what was 
implemented through the original proposed and final rules (6,090 mt, 
13,426,000 lbs). Harvest in 2017-2022 has been less than 60 percent of 
the ACLs each year. Therefore, despite the fact that those ACLs were 
approximately 5 percent too high, there is not a conservation concern 
that harvest of yellowtail rockfish north has been higher than is 
sustainable.
    The proposed harvest specifications and the resulting numerical 
calculations of harvest target management measures for yellowtail 
rockfish north (table 11) are all based on the 2017 assessment and 
follow the same harvest specifications and allocative formulas that 
were used in the original proposed and final rules and described in the 
SAFE document.

Table 11--Proposed Revisions to 2024 Yellowtail Rockfish North OFL, ABC,
             ACL, Allocations, and Harvest Guidelines (HGs)
------------------------------------------------------------------------
                                   Original proposed
       2024 Specification           and final rules   Proposed corrected
                                         (mt)                (mt)
------------------------------------------------------------------------
OFL.............................               6,090               5,795
ABC.............................               5,560               5,291
ACL.............................               5,560               5,291
Fishery HG......................             4,532.5             4,263.3
Trawl (88%).....................             3,988.6             3,751.7
Shorebased IFQ..................            3,668.56            3,431.69
Non-trawl (12%).................               543.9               511.6
------------------------------------------------------------------------

G. Summary

    NMFS proposes correcting the harvest specifications for 6 species 
and complexes for 2024 as described above and as summarized in table 
12. The 2024 fishing season begins on January 1, 2024, therefore, the 
errors in the 2024 specifications currently in regulation need to be 
corrected expeditiously.

     Table 12--Proposed Revised 2024 OFLs, ABCs, ACLs, and Fishery Harvest Guidelines (HGs) for 6 Species or
                                                    Complexes
----------------------------------------------------------------------------------------------------------------
        Stock/complex                Area          OFL (mt)        ABC (mt)        ACL (mt)      Fishery HG (mt)
----------------------------------------------------------------------------------------------------------------
YELLOWEYE ROCKFISH...........  Coastwide......            91.2            75.9            53.3              42.6
Canary Rockfish..............  Coastwide......           1,434           1,296           1,296           1,227.4
Darkblotched Rockfish........  Coastwide......             857             782             782             758.7
Sablefish....................  N of 36[deg] N       \1\ 10,670       \1\ 9,923           7,730    Not Applicable
                                lat.                                                                         \2\
                               S of 36[deg] N                                            2,193           2,165.6
                                lat.
Yellowtail Rockfish..........  N of 40[deg]10'           5,795           5,291           5,291           4,263.3
                                N lat.

[[Page 73817]]

 
Minor Shelf Rockfish South...  S of 40[deg]10'           1,833           1,464           1,464           1,331.4
                                N lat.
----------------------------------------------------------------------------------------------------------------
Note: Rebuilding stocks are capitalized.
\1\ Values are the same as those in the 2023-2024 original proposed and final rules and are not proposed to be
  revised in this rule.
\2\ Sablefish north of 36[deg] N lat. has a different long-term allocation framework in the PCGFMP than the
  other species in this proposed rule. Proposed numerical values following this framework under the new, lower,
  proposed ACL are found in table 2c to subpart C.

IV. Classification

    Pursuant to section 304 (b)(1)(A) of the Magnuson-Stevens Act, the 
NMFS Assistant Administrator has determined that this proposed rule is 
consistent with the PCGFMP, other provisions of the Magnuson-Stevens 
Act, and other applicable law, subject to further consideration after 
public comment. In making its final determination, NMFS will consider 
the complete record, including the data, views, and comments received 
during the comment period.
    Due to timing constraints resulting from when the errors were 
discovered in August 2023, the recommendations from the Council to 
correct these errors during its September meeting, and when the errors 
need to be corrected by, NMFS is providing a 15-day comment period. The 
corrected values in this proposed rule are consistent with the intent 
of the Council and what was described in the original proposed and 
final rules for the 2023-2024 harvest specifications and management 
measures. The harvest control rules used for the species and stock 
complex that are the subject of this proposed rule have been, in part, 
the subject of multiple notice and comment rulemakings over the course 
of the last six years. The most recent, the 2023-2024 harvest 
specifications and management measures, had a 30-day comment period on 
the proposed rule and no comments were received regarding the subject 
species and stock complex. Failure to implement the revised harvest 
specifications as soon as possible leaves harvest specifications in 
place that are inconsistent with the best scientific information 
available and are inconsistent with the intent of the Council and the 
original proposed and final rules. Delaying final action on these 
proposed measures to allow for a longer comment period than the minimum 
15-day amount allowed for by the Magnuson-Stevens Act would result in 
significant confusion for the industry as to which values will be in 
place at the start of the fishing year on January 1, 2024 and therefore 
has the potential to negatively impact vessels as they plan their 
fishing operations for 2024. Failure to implement the revised harvest 
specifications by the start of the fishing year, January 1, 2024, will 
delay issuance of 2024 quota pounds for all the subject species and 
stock complexes. If the 2024 quotas calculated and released by NMFS 
based on the corrected 2024 harvest specifications proposed in this 
rule are delayed to allow more time for public comment, shareholders 
for those quotas effectively receive zero pounds for the start of the 
year and will be unable to begin fishing, which is contrary to the 
public interest and the goals and objectives of the PCGFMP to maintain 
year-round groundfish fishing opportunities.
    Pursuant to Executive Order 13175, this proposed rule was developed 
after meaningful consultation and collaboration with tribal officials 
from the area covered by the PCGFMP. Under the Magnuson-Stevens Act at 
16 U.S.C. 1852(b)(5), one of the voting members of the Council must be 
a representative of an Indian tribe with federally recognized fishing 
rights from the area of the Council's jurisdiction. This proposed rule 
revises the numerical values of the sablefish north ACL to correctly 
apply the harvest control rules recommended by the Council. As a 
result, the regulations that implement the long-term allocation and 
sharing agreements for sablefish north in the PCGFMP, including the 
numerical calculation of the 10 percent tribal share, must be 
recalculated and proposed for revision in this rule. No other tribal 
management measures are proposed to be revised in this rule. The 
regulations at 50 CFR 660.50 direct NMFS to develop tribal allocations 
and regulations in consultation with the affected tribes. In this 
instance, no change to harvest policies is proposed. Therefore, 
additional tribal consultation was not required and none was conducted.
    This proposed rule has been determined to be not significant for 
purposes of Executive Order 12866.
    NMFS prepared documentation for this action, which addresses the 
statutory requirements of the Magnuson-Stevens Act, Executive Order 
12866, and the Regulatory Flexibility Act. The full suite of 
alternatives analyzed by the Council can be found on the Council's 
website at www.pcouncil.org. NMFS addressed the statutory requirements 
of the National Environmental Policy Act through preparation of an 
environmental impact statement (EIS). NMFS prepared an EIS for the 
2015-2016 biennial harvest specifications and management measures and 
is available from NMFS (see ADDRESSES) and tiered environmental 
analyses (EA) every biennium since then.
    This EIS and subsequent EAs examined the harvest specifications and 
management measures for 2015-2016 and 10-year projections for routinely 
adjusted harvest specifications and management measures. The 10-year 
projections evaluated the impacts of the ongoing implementation of 
harvest specifications and management measures and to evaluate the 
impacts of the routine adjustments that are the main component of each 
biennial cycle. This proposed rule corrects the numerical values that 
result from the application of best scientific information available 
and default harvest control rules analyzed in that EIS. There are no 
environmental effects expected from this proposed rule beyond those 
evaluated in the EIS and the Environmental Assessment for the 2023-2024 
harvest specifications and management measures. The harvest levels for 
all six species or complexes have not been fully attained in recent 
years and so minor adjustments to the ACLs are likely to result in no 
discernable difference to the fishery or communities.
    The Chief Counsel for Regulation of the Department of Commerce 
certified to the Chief Counsel for Advocacy of the Small Business 
Administration that the 2023-2024 harvest specifications and management 
measures in the original proposed and final rules would not have a 
significant economic impact on a substantial number of small entities. 
The Chief Counsel for Regulation of the Department of Commerce 
certified to the Chief Counsel for Advocacy of the

[[Page 73818]]

Small Business Administration that this proposed rule, if adopted, 
would not have a significant economic impact on a substantial number of 
small entities. This proposed rule makes minor, corrective adjustments 
to harvest specifications and related allocations and harvest targets 
that are unlikely to make any appreciable difference to the expected 
harvests in this mixed-stock fishery because the six species and 
complexes with proposed changes are not constraining access to co-
occurring species. This action affects only a small number of species, 
and in a mixed stock fishery the affected entities for these few 
species cannot be differentiated from those described in the original 
proposed rule. The same small entities identified in the original 
proposed rule are the same parties that would be subject to the minor 
regulatory corrections in this proposed rule. Additional information 
about the affected entities and expected impacts, in the context of the 
entire fishery and all species, can be found in the original proposed 
rule (87 FR 62676; October, 14, 2022). No environmental or 
socioeconomic impacts are expected from the proposed changes in this 
rule, nor does the proposed action diverge from the harvest policies 
considered in that certification. The corrections proposed in this rule 
do not change the overall framework and management measures from the 
original proposed and final rules and would affect large and small 
entities similarly. As a result, an initial regulatory flexibility 
analysis is not required and none has been prepared.
    This proposed rule contains no new information collection burden 
under the Paperwork Reduction Act of 1995.

List of Subjects in 50 CFR Part 660

    Fisheries, Fishing, Reporting and recordkeeping requirements.

    Dated: October 23, 2023.
Jonathan M. Kurland,
Acting Deputy Assistant Administrator for Regulatory Programs, National 
Marine Fisheries Service.

    For the reasons set out in the preamble, NOAA proposes to amend 50 
CFR part 660 as follows:

PART 660--FISHERIES OFF WEST COAST STATES

0
1. The authority citation for part 660 continues to read as follows:

    Authority: 16 U.S.C. 1801 et seq., 16 U.S.C. 773 et seq., and 16 
U.S.C. 7001 et seq.

0
2. In Sec.  660.50, revise paragraph (f)(2)(ii) to read as follows:


Sec.  660.50  Pacific Coast treaty Indian fisheries.

* * * * *
    (f) * * *
    (2) * * *
    (ii) The Tribal allocation is 849 mt in 2023 and 773 mt in 2024 per 
year. This allocation is, for each year, 10 percent of the Monterey 
through Vancouver area (North of 36[deg] N lat.) ACL. The Tribal 
allocation is reduced by 1.7 percent for estimated discard mortality.
* * * * *
0
3. Revise tables 2a through 2c to subpart C to read as follows:
* * * * *

   Table 2a to Part 660, Subpart C--2024, and Beyond, Specifications of OFL, ABC, ACL, ACT and Fishery Harvest
                                                   Guidelines
                          [Weights in metric tons. Capitalized stocks are overfished.]
----------------------------------------------------------------------------------------------------------------
            Stocks                    Area              OFL             ABC           ACL \a\     Fishery HG \b\
----------------------------------------------------------------------------------------------------------------
YELLOWEYE ROCKFISH \c\........  Coastwide.......              91              76            53.3            42.6
Arrowtooth Flounder \d\.......  Coastwide.......          20,459          14,178          14,178          12,083
Big Skate \e\.................  Coastwide.......           1,492           1,267           1,267         1,207.2
Black Rockfish \f\............  California (S of             364             329             329           326.6
                                 42[deg] N lat.).
Black Rockfish \g\............  Washington (N of             319             289             289           270.5
                                 46[deg]16' N
                                 lat.).
Bocaccio \h\..................  S of 40[deg]10'            2,002           1,828           1,828         1,779.9
                                 N lat.).
Cabezon\i\....................  California (S of             185             171             171           169.4
                                 42[deg] N lat.).
California Scorpionfish \j\...  S of 34[deg]27'              280             252             252             248
                                 N lat.).
Canary Rockfish \k\...........  Coastwide.......           1,434           1,296           1,296         1,227.4
Chilipepper \l\...............  S of 40[deg]10'            2,346           2,121           2,121         2,023.4
                                 N lat.).
Cowcod \m\....................  S of 40[deg]10'              112              79              79            67.8
                                 N lat.).
    Cowcod....................  (Conception)....              93              67              NA              NA
    Cowcod....................  (Monterey)......              19              12              NA              NA
Darkblotched Rockfish \n\.....  Coastwide.......             857             782             782           758.7
Dover Sole \o\................  Coastwide.......          55,859          51,949          50,000        48,402.9
English Sole \p\..............  Coastwide.......          11,158           8,960           8,960         8,700.5
Lingcod \q\...................  N of 40[deg]10'            4,455           3,854           3,854         3,574.4
                                 N lat.).
Lingcod \r\...................  S. of 40[deg]10'             855             740             722           706.5
                                 N lat.).
Longnose Skate \s\............  Coastwide.......           1,955           1,660           1,660         1,408.7
Longspine Thornyhead \t\......  N of 34[deg]27'            4,433           2,846           2,162         2,108.3
                                 N lat.).
Longspine Thornyhead \u\......  S of 34[deg]27'   ..............  ..............             683           680.8
                                 N lat.).
Pacific Cod \v\...............  Coastwide.......           3,200           1,926           1,600           1,094
Pacific Ocean Perch \w\.......  N of 40[deg]10'            4,133           3,443           3,443         3,297.5
                                 N lat.).
Pacific Whiting \x\...........  Coastwide.......           (\x\)           (\x\)           (\x\)           (\x\)
Petrale Sole \y\..............  Coastwide.......           3,563           3,285           3,285         2,898.8
Sablefish \z\.................  N of 36[deg] N            10,670           9,923           7,730    See table 2c
                                 lat.
Sablefish \aa\................  S of 36[deg] N                                             2,193         2,165.6
                                 lat.
Shortspine Thornyhead \bb\....  N of 34[deg]27'            3,162           2,030           1,328         1,249.7
                                 N lat.).
Shortspine Thornyhead \cc\....  S of 34[deg]27'                                              702           695.3
                                 N lat.).
Spiny Dogfish \dd\............  Coastwide.......           1,883           1,407           1,407         1,055.5
Splitnose \ee\................  S of 40[deg]10'            1,766           1,553           1,553         1,534.3
                                 N lat.).
Starry Flounder \ff\..........  Coastwide.......             652             392             392           343.7
Widow Rockfish \gg\...........  Coastwide.......          12,453          11,482          11,482        11,243.7
Yellowtail Rockfish \hh\......  N of 40[deg]10'            5,795           5,291           5,291         4,263.3
                                 N lat.).
----------------------------------------------------------------------------------------------------------------

[[Page 73819]]

 
                                                 Stock Complexes
----------------------------------------------------------------------------------------------------------------
Blue/Deacon/Black Rockfish      Oregon..........             671             594             594           592.2
 \ii\.
Cabezon/Kelp Greenling \jj\...  Washington......              22              17              17              15
Cabezon/Kelp Greenling \kk\...  Oregon..........             198             180             180           179.2
Nearshore Rockfish North \ll\.  N of 40[deg]10'              109              91              91            87.7
                                 N lat.).
Nearshore Rockfish South \mm\.  S of 40[deg]10'            1,097             902             891           886.5
                                 N lat.).
Other Fish \nn\...............  Coastwide.......             286             223             223           201.8
Other Flatfish \oo\...........  Coastwide.......           7,946           4,874           4,874         4,653.2
Shelf Rockfish North \pp\.....  N of 40[deg]10'            1,610           1,278           1,278           1,207
                                 N lat.).
Shelf Rockfish South \qq\.....  S of 40[deg]10'            1,833           1,464           1,464         1,331.4
                                 N lat.).
Slope Rockfish North \rr\.....  N of 40[deg]10'            1,797           1,516           1,516         1,450.6
                                 N lat.).
Slope Rockfish South \ss\.....  S of 40[deg]10'              868             697             697           658.1
                                 N lat.).
----------------------------------------------------------------------------------------------------------------
\a\ Annual catch limits (ACLs), annual catch targets (ACTs) and harvest guidelines (HGs) are specified as total
  catch values.
\b\ Fishery HGs means the HG or quota after subtracting Pacific Coast treaty Indian tribes allocations and
  projected catch, projected research catch, deductions for fishing mortality in non-groundfish fisheries, and
  deductions for EFPs from the ACL or ACT.
\c\ Yelloweye rockfish. The 53.3 mt ACL is based on the current rebuilding plan with a target year to rebuild of
  2029 and an SPR harvest rate of 65 percent. 10.7 mt is deducted from the ACL to accommodate the Tribal fishery
  (5 mt), EFP fishing (0.12 mt), research catch (2.92 mt), and incidental open access mortality (2.66 mt)
  resulting in a fishery HG of 42.6 mt. The non-trawl HG is 39.2 mt. The combined non-nearshore/nearshore HG is
  8.2 mt. Recreational HGs are: 10 mt (Washington); 9.1 mt (Oregon); and 11.8 mt (California). In addition, the
  non-trawl ACT is 30.7, and the combined non-nearshore/nearshore ACT is 6.4 mt. Recreational ACTs are: 7.9 mt
  (Washington), 7.2 (Oregon), and 9.3 mt (California).
\d\ Arrowtooth flounder. 2,094.98 mt is deducted from the ACL to accommodate the Tribal fishery (2,041 mt),
  research catch (12.98 mt) and incidental open access mortality (41 mt), resulting in a fishery HG of 12,083
  mt.
\e\ Big skate. 59.8 mt is deducted from the ACL to accommodate the Tribal fishery (15 mt), research catch (5.49
  mt), and incidental open access mortality (39.31 mt), resulting in a fishery HG of 1,207.2 mt.
\f\ Black rockfish (California). 2.26 mt is deducted from the ACL to accommodate EFP fishing (1.0 mt), research
  catch (0.08 mt), and incidental open access mortality (1.18 mt), resulting in a fishery HG of 326.6 mt.
\g\ Black rockfish (Washington). 18.1 mt is deducted from the ACL to accommodate the Tribal fishery (18 mt) and
  research catch (0.1 mt), resulting in a fishery HG of 270.5 mt.
\h\ Bocaccio south of 40[deg]10' N lat. Bocaccio are managed with stock-specific harvest specifications south of
  40[deg]10' N lat. and within the Minor Shelf Rockfish complex north of 40[deg]10' N lat. 48.12 mt is deducted
  from the ACL to accommodate EFP fishing (40 mt), research catch (5.6 mt), and incidental open access mortality
  (2.52 mt), resulting in a fishery HG of 1,779.9 mt. The California recreational fishery south of 40[deg]10' N
  lat. has an HG of 749.7 mt.
\i\ Cabezon (California). 1.63 mt is deducted from the ACL to accommodate EFP fishing (1 mt), research catch
  (0.02 mt), and incidental open access mortality (0.61 mt), resulting in a fishery HG of 169.4 mt.
\j\ California scorpionfish south of 34[deg]27' N lat. 3.89 mt is deducted from the ACL to accommodate research
  catch (0.18 mt) and incidental open access mortality (3.71 mt), resulting in a fishery HG of 248 mt.
\k\ Canary rockfish. 68.91 mt is deducted from the ACL to accommodate the Tribal fishery (50 mt), EFP fishing (6
  mt), research catch (10.08 mt), and incidental open access mortality (2.83 mt), resulting in a fishery HG of
  1,227.4 mt. The combined nearshore/non-nearshore HG is 122.4 mt. Recreational HGs are: 41.8 mt (Washington);
  62.9 mt (Oregon); and 112.9 mt (California).
\l\ Chilipepper rockfish south of 40[deg]10' N lat. Chilipepper are managed with stock-specific harvest
  specifications south of 40[deg]10' N lat. and within the Minor Shelf Rockfish complex north of 40[deg]10' N
  lat. 97.7 mt is deducted from the ACL to accommodate EFP fishing (70 mt), research catch (14.04 mt),
  incidental open access mortality (13.66 mt), resulting in a fishery HG of 2,023.4 mt.
\m\ Cowcod south of 40[deg]10' N lat. Cowcod are managed with stock-specific harvest specifications south of
  40[deg]10' N lat. and within the Minor Shelf Rockfish complex north of 40[deg]10' N lat. 11.17 mt is deducted
  from the ACL to accommodate EFP fishing (1 mt), research catch (10 mt), and incidental open access mortality
  (0.17 mt), resulting in a fishery HG of 67.8 mt.
\n\ Darkblotched rockfish. 23.76 mt is deducted from the ACL to accommodate the Tribal fishery (5 mt), EFP
  fishing (0.5 mt), research catch (8.46 mt), and incidental open access mortality (9.8 mt) resulting in a
  fishery HG of 758.7 mt.
\o\ Dover sole. 1,597.11 mt is deducted from the ACL to accommodate the Tribal fishery (1,497 mt), research
  catch (50.84 mt), and incidental open access mortality (49.27 mt), resulting in a fishery HG of 48,402.9 mt.
\p\ English sole. 259.52 mt is deducted from the ACL to accommodate the Tribal fishery (200 mt), research catch
  (17 mt), and incidental open access mortality (42.52 mt), resulting in a fishery HG of 8,700.5 mt.
\q\ Lingcod north of 40[deg]10' N lat. 279.63 mt is deducted from the ACL for the Tribal fishery (250 mt),
  research catch (17.71 mt), and incidental open access mortality (11.92 mt) resulting in a fishery HG of
  3,574.4 mt.
\r\ Lingcod south of 40[deg]10' N lat. 15.5 mt is deducted from the ACL to accommodate EFP fishing (4 mt),
  research catch (3.19 mt), and incidental open access mortality (8.31 mt), resulting in a fishery HG of 706.5
  mt.
\s\ Longnose skate. 251.3 mt is deducted from the ACL to accommodate the Tribal fishery (220 mt), and research
  catch (12.46 mt), and incidental open access mortality (18.84 mt), resulting in a fishery HG of 1,408.7 mt.
\t\ Longspine thornyhead north of 34[deg]27' N lat. 53.71 mt is deducted from the ACL to accommodate the Tribal
  fishery (30 mt), research catch (17.49 mt), and incidental open access mortality (6.22 mt), resulting in a
  fishery HG of 2,108.3 mt.
\u\ Longspine thornyhead south of 34[deg]27' N lat. 2.24 mt is deducted from the ACL to accommodate research
  catch (1.41 mt) and incidental open access mortality (0.83 mt), resulting in a fishery HG of 680.8 mt.
\v\ Pacific cod. 506 mt is deducted from the ACL to accommodate the Tribal fishery (500 mt), research catch
  (5.47 mt), and incidental open access mortality (0.53 mt), resulting in a fishery HG of 1,094 mt.
\w\ Pacific ocean perch north of 40[deg]10' N lat. Pacific ocean perch are managed with stock-specific harvest
  specifications north of 40[deg]10' N lat. and within the Minor Slope Rockfish complex south of 40[deg]10' N
  lat. 145.48 mt is deducted from the ACL to accommodate the Tribal fishery (130 mt), EFP fishing, research
  catch (5.39 mt), and incidental open access mortality (10.09 mt), resulting in a fishery HG of 3,297.5 mt.
\x\ Pacific whiting. Pacific whiting are assessed annually. The final specifications will be determined
  consistent with the U.S.-Canada Pacific Whiting Agreement and will be announced in 2024.
\y\ Petrale sole. 386.24 mt is deducted from the ACL to accommodate the Tribal fishery (350 mt), EFP fishing (1
  mt), research catch (24.14 mt), and incidental open access mortality (11.1 mt), resulting in a fishery HG of
  2,898.8 mt.
\z\ Sablefish north of 36[deg] N lat. The sablefish coastwide ACL value is not specified in regulations. The
  sablefish coastwide ACL value is apportioned north and south of 36[deg] N lat., using the rolling 5-year
  average estimated swept area biomass from the NMFS NWFSC trawl survey, with 77.9 percent apportioned north of
  36[deg] N lat. and 22.1 percent apportioned south of 36[deg] N lat. The northern ACL is 7,730 mt and is
  reduced by 773 mt for the Tribal allocation (10 percent of the ACL north of 36[deg] N lat.). The 773 mt Tribal
  allocation is reduced by 1.7 percent to account for discard mortality. Detailed sablefish allocations are
  shown in table 1c.

[[Page 73820]]

 
\aa\ Sablefish south of 36[deg] N lat. The ACL for the area south of 36[deg] N lat. is 2,193 mt (22.1 percent of
  the calculated coastwide ACL value). 27.4 mt is deducted from the ACL to accommodate research catch (2.40 mt)
  and the incidental open access fishery (25 mt), resulting in a fishery HG of 2,165.6 mt.
\bb\ Shortspine thornyhead north of 34[deg]27' N lat. 78.3 mt is deducted from the ACL to accommodate the Tribal
  fishery (50 mt), research catch (10.48 mt), and incidental open access mortality (17.82 mt), resulting in a
  fishery HG of 1,249.7 mt for the area north of 34[deg]27' N lat.
\cc\ Shortspine thornyhead south of 34[deg]27' N lat. 6.71 mt is deducted from the ACL to accommodate research
  catch (0.71 mt) and incidental open access mortality (6 mt), resulting in a fishery HG of 695.3 mt for the
  area south of 34[deg]27' N lat.
\dd\ Spiny dogfish. 351.48 mt is deducted from the ACL to accommodate the Tribal fishery (275 mt), EFP fishing
  (1 mt), research catch (41.85 mt), and incidental open access mortality (33.63 mt), resulting in a fishery HG
  of 1,055.5 mt.
\ee\ Splitnose rockfish south of 40[deg]10' N lat. Splitnose rockfish in the north is managed in the Slope
  Rockfish complex and with stock-specific harvest specifications south of 40[deg]10' N lat. 18.42 mt is
  deducted from the ACL to accommodate EFP fishing (1.5 mt), research catch (11.17 mt), and incidental open
  access mortality (5.75 mt), resulting in a fishery HG of 1,534.3 mt.
\ff\ Starry flounder. 48.28 mt is deducted from the ACL to accommodate the Tribal fishery (2 mt), research catch
  (0.57 mt), and incidental open access mortality (45.71 mt), resulting in a fishery HG of 343.7 mt.
\gg\ Widow rockfish. 238.32 mt is deducted from the ACL to accommodate the Tribal fishery (200 mt), EFP fishing
  (18 mt), research catch (17.27 mt), and incidental open access mortality (3.05 mt), resulting in a fishery HG
  of 11,243.7 mt.
\hh\ Yellowtail rockfish north of 40[deg]10' N lat.) N lat. Yellowtail rockfish are managed with stock-specific
  harvest specifications north of 40[deg]10' N lat. and within the Minor Shelf Rockfish complex south of
  40[deg]10' N lat. 1,027.55 mt is deducted from the ACL to accommodate the Tribal fishery (1,000 mt), research
  catch (20.55 mt), and incidental open access mortality (7 mt), resulting in a fishery HG of 4,263.3 mt.
\jj\ Black rockfish/Blue rockfish/Deacon rockfish (Oregon). 1.82 mt is deducted from the ACL to accommodate
  research catch (0.08 mt), and incidental open access mortality (1.74 mt), resulting in a fishery HG of 592.2
  mt.
\jj\ Cabezonkelp greenling (Washington). 2 mt is deducted from the ACL to accommodate the Tribal fishery,
  resulting in a fishery HG is 15 mt.
\kk\ Cabezon/kelp greenling (Oregon). 0.79 mt is deducted from the ACL to accommodate research catch (0.05 mt)
  and incidental open access mortality (0.74 mt), resulting in a fishery HG of 179.2 mt.
\ll\ Nearshore Rockfish north of 40[deg]10' N lat. 3.27 mt is deducted from the ACL to accommodate the Tribal
  fishery (1.5 mt), research catch (0.47 mt), and incidental open access mortality (1.31 mt), resulting in a
  fishery HG of 87.7 mt. State-specific HGs are 17.2 mt (Washington), 30.9 mt (Oregon), and 39.9 mt
  (California). The ACT for copper rockfish (California) is 6.99 mt. The ACT for quillback rockfish (California)
  is 0.96 mt.
\mm\ Nearshore Rockfish south of 40[deg]10' N lat. 4.54 mt is deducted from the ACL to accommodate research
  catch (2.68 mt) and incidental open access mortality (1.86 mt), resulting in a fishery HG of 886.5 mt. The ACT
  for copper rockfish is 87.73 mt. The ACT for quillback rockfish is 0.97 mt.
\nn\ Other Fish. The Other Fish complex is comprised of kelp greenling off California and leopard shark
  coastwide. 21.24 mt is deducted from the ACL to accommodate research catch (6.29 mt) and incidental open
  access mortality (14.95 mt), resulting in a fishery HG of 201.8 mt.
\oo\ Other Flatfish. The Other Flatfish complex is comprised of flatfish species managed in the PCGFMP that are
  not managed with stock-specific OFLs/ABCs/ACLs. Most of the species in the Other Flatfish complex are
  unassessed and include: butter sole, curlfin sole, flathead sole, Pacific sanddab, rock sole, sand sole, and
  rex sole. 220.79 mt is deducted from the ACL to accommodate the Tribal fishery (60 mt), research catch (23.63
  mt), and incidental open access mortality (137.16 mt), resulting in a fishery HG of 4,653.2 mt.
\pp\ Shelf Rockfish north of 40[deg]10' N lat. 70.94 mt is deducted from the ACL to accommodate the Tribal
  fishery (30 mt), research catch (15.32 mt), and incidental open access mortality (25.62 mt), resulting in a
  fishery HG of 1,207.1 mt.
\qq\ Shelf Rockfish south of 40[deg]10' N lat. 132.77 mt is deducted from the ACL to accommodate EFP fishing (50
  mt), research catch (15.1 mt), and incidental open access mortality (67.67 mt) resulting in a fishery HG of
  1,331.4 mt.
\rr\ Slope Rockfish north of 40[deg]10' N lat. 65.39 mt is deducted from the ACL to accommodate the Tribal
  fishery (36 mt), research catch (10.51 mt), and incidental open access mortality (18.88 mt), resulting in a
  fishery HG of 1,450.6 mt.
\ss\ Slope Rockfish south of 40[deg]10' N lat. 38.94 mt is deducted from the ACL to accommodate EFP fishing (1
  mt), research catch (18.21 mt), and incidental open access mortality (19.73 mt), resulting in a fishery HG of
  658.1 mt. Blackgill rockfish has a stock-specific HG for the entire groundfish fishery south of 40[deg]10' N
  lat. set equal to the species' contribution to the 40-10-adjusted ACL. Harvest of blackgill rockfish in all
  groundfish fisheries south of 40[deg]10' N lat. counts against this HG of 169.9 mt.


           Table 2b to Part 660, Subpart C--2024, and Beyond, Allocations by Species or Species Group
                                             [Weight in metric tons]
----------------------------------------------------------------------------------------------------------------
                                                                        Trawl                   Non-trawl
    Stocks/stock complexes           Area         Fishery HG ---------------------------------------------------
                                                    or ACT         %            Mt           %            Mt
----------------------------------------------------------------------------------------------------------------
YELLOWEYE ROCKFISH \a\.......  Coastwide.......         42.6            8         3.41           92         39.2
Arrowtooth flounder..........  Coastwide.......       12,083           95     11,478.9            5        604.2
Big skate \a\................  Coastwide.......      1,207.2           95      1,146.8            5         60.4
Bocaccio \a\.................  S of 40[deg]10'       1,779.9        39.04        694.9        60.96        1,085
                                N lat.
Canary rockfish \a\..........  Coastwide.......      1,227.4         72.3        887.4         27.7          340
Chilipepper rockfish.........  S of 40[deg]10'       2,023.4           75      1,517.6           25        505.9
                                N lat.
Cowcod a b...................  S of 40[deg]10'          67.8           36         24.4           64         43.4
                                N lat.
Darkblotched rockfish........  Coastwide.......        758.7           95        720.8            5         37.9
Dover sole...................  Coastwide.......     4,8402.9           95     45,982.7            5      2,420.1
English sole.................  Coastwide.......      8,700.5           95       8265.5            5          435
Lingcod......................  N of 40[deg]10'       3,574.4           45      1,608.5           55      1,965.9
                                N lat.
Lingcod \a\..................  S of 40[deg]10'         706.5           40        282.6           60        423.9
                                N lat.
Longnose skate \a\...........  Coastwide.......      1,408.7           90      1,267.8           10        140.9
Longspine thornyhead.........  N of 34[deg]27'       2,108.3           95      2,002.9            5        105.4
                                N lat.
Pacific cod..................  Coastwide.......        1,094           95      1,039.3            5         54.7
Pacific ocean perch..........  N of 40[deg]10'       3,297.5           95      3,132.6            5        164.9
                                N lat.
Pacific whiting \c\..........  Coastwide.......          TBD          100          TBD            0            0
Petrale sole \a\.............  Coastwide.......       2898.8  ...........      2,868.8  ...........           30
                                                             ---------------------------------------------------
Sablefish....................  N of 36[deg] N             NA                     See table 2c
                                lat.
                                                             ---------------------------------------------------
Sablefish....................  S of 36[deg] N        2,165.6           42        909.6           58      1,256.0
                                lat.
Shortspine thornyhead........  N of 34[deg]27'       1,249.7           95      1,187.2            5         62.5
                                N lat.
Shortspine thornyhead........  S of 34[deg]27'         695.3  ...........           50  ...........        645.3
                                N lat.
Splitnose rockfish...........  S of 40[deg]10'       1,534.3           95      1,457.6            5         76.7
                                N lat.
Starry flounder..............  Coastwide.......        343.7           50        171.9           50        171.9
Widow rockfish \a\...........  Coastwide.......     11,243.7  ...........     10,843.7  ...........          400

[[Page 73821]]

 
Yellowtail rockfish..........  N of 40[deg]10'       4,263.3           88      3,751.7           12        511.6
                                N lat.
Other Flatfish...............  Coastwide.......      4,653.2           90      4,187.9           10        465.3
Shelf Rockfish \a\...........  N of 40[deg]10'       1,207.1         60.2        726.7         39.8        480.4
                                N lat.
Shelf Rockfish \a\...........  S of 40[deg]10'       1,331.4         12.2       162.43         87.8      1,169.0
                                N lat.
Slope Rockfish...............  N of 40[deg]10'       1,450.6           81      1,175.0           19        275.6
                                N lat.
Slope Rockfish \a\...........  S of 40[deg]10'         658.1           63        414.6           37        243.5
                                N lat.
----------------------------------------------------------------------------------------------------------------
\a\ Allocations decided through the biennial specification process.
\b\ The cowcod non-trawl allocation is further split 50:50 between the commercial and recreational sectors. This
  results in a sector-specific ACT of 21.7 mt for the commercial sector and 21.7 mt for the recreational sector.
\c\ Consistent with regulations at Sec.   660.55(i)(2), the commercial harvest guideline for Pacific whiting is
  allocated as follows: 34 percent for the C/P Coop Program; 24 percent for the MS Coop Program; and 42 percent
  for the Shorebased IFQ Program. No more than 5 percent of the Shorebased IFQ Program allocation may be taken
  and retained south of 42[deg] N lat. before the start of the primary Pacific whiting season north of 42[deg] N
  lat.


                                                 Table 2c to Part 660, Subpart C--Sablefish North of 36[deg] N Lat. Allocations, 2024 and Beyond
                                                                                    [Weights in metric tons]
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                               Set-asides                                        Commercial       Limited entry HG           Open access HG
                                                                    ------------------------------- Recreational    Exempted       harvest   ---------------------------------------------------
                         Year                               ACL                                       estimate       fishing      guideline
                                                                      Tribal \a\       Research                      permit         (HG)        Percent         mt        Percent       mt \b\
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
2024.................................................        7,730           773             30.7             6             1         6,919         90.6        6,269          9.4          650
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
                         Year                               LE all                  Limited entry (LE) trawl \c\
                                                                                LE fixed gear (FG) \d\
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                       All trawl   At-sea whiting         Shorebased IFQ             All FG            Primary
                                                            Daily trip limit
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
2024.................................................        6,269         3,636              100              3,536                  2,633             2,238
                                                                   395
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
\a\ The tribal allocation is further reduced by 1.7 percent for discard mortality resulting in 759.9 mt in 2024.
\b\ The open access HG is taken by the incidental OA fishery and the directed OA fishery.
\c\ The trawl allocation is 58 percent of the limited entry HG.
\d\ The limited entry fixed gear allocation is 42 percent of the limited entry HG.

* * * * *
0
4. In Sec.  660.140, revise table 1 to paragraph (d)(1)(ii)(D) to read 
as follows:


Sec.  660.140  Shorebased IFQ Program.

* * * * *
    (d) * * *
    (1) * * *
    (ii) * * *
    (D) * * *

               Table 1 to Paragraph (d)(1)(ii)(D)--Shorebased Trawl Allocations for 2023 and 2024
----------------------------------------------------------------------------------------------------------------
                                                                            2023 Shorebased     2024 Shorebased
                IFQ species                             Area               trawl allocation    trawl allocation
                                                                                 (mt)                (mt)
----------------------------------------------------------------------------------------------------------------
YELLOWEYE ROCKFISH........................  Coastwide...................                4.42                3.41
Arrowtooth flounder.......................  Coastwide...................           15,640.17           11,408.87
Bocaccio..................................  South of 40[deg]10' N lat...              700.33              694.87
Canary rockfish...........................  Coastwide...................              842.50              851.42
Chilipepper...............................  South of 40[deg]10' N lat...            1,563.80             1517.60
Cowcod....................................  South of 40[deg]10' N lat...               24.80               24.42
Darkblotched rockfish.....................  Coastwide...................              646.78              644.34
Dover sole................................  Coastwide...................           45,972.75           45,972.75
English sole..............................  Coastwide...................            8,320.56            8,265.46
Lingcod...................................  North of 40[deg]10' N lat...            1,829.27            1,593.47
Lingcod...................................  South of 40[deg]10' N lat...              284.20              282.60
Longspine thornyhead......................  North of 34[deg]27' N lat...            2,129.23            2,002.88
Pacific cod...............................  Coastwide...................            1,039.30            1,039.30
Pacific halibut (IBQ) \a\.................  North of 40[deg]10' N lat...                 TBD                 TBD
Pacific ocean perch.......................  North of 40[deg]10' N lat...            2,956.14            2,832.64
Pacific whiting \b\.......................  Coastwide...................          159,681.38                 TBD
Petrale sole..............................  Coastwide...................            3,063.76            2,863.76
Sablefish.................................  North of 36[deg] N lat......            3,893.50            3,535.91
Sablefish.................................  South of 36[deg] N lat......              970.00              909.55
Shortspine thornyhead.....................  North of 34[deg]27' N lat...            1,146.67            1,117.22
Shortspine thornyhead.....................  South of 34[deg]27' N lat...                  50                  50
Splitnose rockfish........................  South of 40[deg]10' N lat...            1,494.70            1,457.60
Starry flounder...........................  Coastwide...................              171.86              171.86
Widow rockfish............................  Coastwide...................           11,509.68           10,367.68

[[Page 73822]]

 
Yellowtail rockfish.......................  North of 40[deg]10' N lat...            3,761.84            3,431.69
Other Flatfish complex....................  Coastwide...................            4,142.09            4,152.89
Shelf Rockfish complex....................  North of 40[deg]10' N lat...              694.70              691.65
Shelf Rockfish complex....................  South of 40[deg]10' N lat...              163.02              162.43
Slope Rockfish complex....................  North of 40[deg]10' N lat...              894.43              874.99
Slope Rockfish complex....................  South of 40[deg]10' N lat...               417.1              414.58
----------------------------------------------------------------------------------------------------------------
\a\ Pacific halibut IBQ is set according to 50 CFR 660.55(m).
\b\ Managed through an international process. This allocation will be updated when announced.

* * * * *
0
5. In Sec.  660.231, revise paragraph (b)(3)(i) to read as follows:


Sec.  660.231  Limited entry fixed gear sablefish primary fishery.

* * * * *
    (b) * * *
    (3) * * *
    (i) A vessel participating in the primary season will be 
constrained by the sablefish cumulative limit associated with each of 
the permits registered for use with that vessel. During the primary 
season, each vessel authorized to fish in that season under paragraph 
(a) of this section may take, retain, possess, and land sablefish, up 
to the cumulative limits for each of the permits registered for use 
with that vessel (i.e., stacked permits). If multiple limited entry 
permits with sablefish endorsements are registered for use with a 
single vessel, that vessel may land up to the total of all cumulative 
limits announced in this paragraph for the tiers for those permits, 
except as limited by paragraph (b)(3)(ii) of this section. Up to 3 
permits may be registered for use with a single vessel during the 
primary season; thus, a single vessel may not take and retain, possess 
or land more than 3 primary season sablefish cumulative limits in any 
one year. A vessel registered for use with multiple limited entry 
permits is subject to per vessel limits for species other than 
sablefish, and to per vessel limits when participating in the daily 
trip limit fishery for sablefish under Sec.  660.232. In 2023, the 
following annual limits are in effect: Tier 1 at 72,904 lb (33,069 kg), 
Tier 2 at 33,138 lb (15,031 kg), and Tier 3 at 18,936 lb (8,589 kg). In 
2024 and beyond, the following annual limits are in effect: Tier 1 at 
66,377lb (30,108 kg), Tier 2 at 30,171 lb (13,685 kg), and Tier 3 at 
17,241lb (7,820 kg).
* * * * *
[FR Doc. 2023-23686 Filed 10-26-23; 8:45 am]
BILLING CODE 3510-22-P


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