[Federal Register Volume 88, Number 228 (Wednesday, November 29, 2023)]
[Rules and Regulations]
[Pages 83354-83363]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-26018]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 660

[Docket No. 221206-0261]
RIN 0648-BM72


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 2024 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 January 1, 2024.

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 
https://www.pcouncil.org/ including and supporting information for the 
Council's recommendations at the November 2023 meeting.

FOR FURTHER INFORMATION CONTACT: Keeley Kent, phone: 206-247-8252 or 
email: <a href="/cdn-cgi/l/email-protection#335856565f564a1d58565d47735d5c52521d545c45"><span class="__cf_email__" data-cfemail="244f414148415d0a4f414a50644a4b45450a434b52">[email protected]</span></a>.

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

[[Page 83355]]

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.
    Pacific Coast groundfish fisheries are managed using harvest 
specifications or 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.
    At its November 2023 meeting, the Council recommended that NMFS 
extend the duration of several measures implemented through an inseason 
published on October 2, 2023 (88 FR 67656), to continue the 
minimization of mortality of quillback rockfish off California for the 
2024 fishing season. The Council also recommended NMFS reset trip 
limits for several species for the 2024 fishing season.

Quillback Rockfish Off California

    Under current management, quillback rockfish are a contributing 
species within the Minor Nearshore Rockfish complex north and south of 
40[deg]10' N lat. The harvest specifications for this species (ACL, 
ABC, and OFL) contribute to the harvest specifications of the complex. 
Amendment 31 to the PCGFMP, which was approved on November 13, 2023, 
defined quillback rockfish as three separate stocks (Washington, 
Oregon, and California).
    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 
species-specific ACT of 0.87 metric tons (mt) for the area between 
42[deg] N lat. and 40[deg]10' N lat. and 0.89 mt for south of 
40[deg]10' N lat. (see 50 CFR part 660, tables 1a and 2a to subpart C). 
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 
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.
    At the November 2023 Council meeting, the PFMC recommended inseason 
changes to commercial fisheries in order to limit the mortality of 
quillback rockfish off California for 2024. The ACTs, and OFL 
contributions for the stock of quillback rockfish off California were 
estimated to be significantly exceeded in 2023 (see 88 FR 67656, 
October 2, 2023, for more information). Further action relative to 
mortality of quillback rockfish off California in the recreational 
fisheries is expected at the March 2024 PFMC meeting.
    At the November 2023 meeting, 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 2024.
    The limited available spatial data indicated that quillback 
rockfish are very rarely encountered south of 36[deg] N latitude. 
Additionally, the data available suggest that quillback rockfish off 
California north of 36[deg] N latitude are rarely encountered in waters 
deeper than 50 fathoms (fm) (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 non-trawl 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 Cook 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 reductions in 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 
discard mortality of quillback rockfish in order to address depletion 
while minimizing the economic impact to fishing communities to the 
extent possible.
    The Council recommended and, by revising tables 2 North and South 
to part 660, subpart E, and tables 3 North and South to part 660, 
subpart F, NMFS is implementing an expansion of the shoreward extent of 
the non-trawl RCA

[[Page 83356]]

off California. Currently, the shoreward boundary off California is 
either 40 or 50 fathoms (73 meters (m) or 91 m), depending on latitude. 
This action moves the boundary to the shoreward boundary of the EEZ (3 
nautical miles (5556 m) from shore). This closure reduces access to 
demersal co-occurring targets in the range of quillback rockfish. While 
new area will be closed to bottom-contact gears, legal non-bottom 
contact hook-and-line gear are allowed in the non-trawl RCA (50 CFR 
660.330(b)(3)). This change to the shoreward extent of the non-trawl 
RCA allows fishery participants to continue to access healthy midwater 
stocks inside the non-trawl RCA, consistent with Sec.  660.330(b)(3).
    Additionally, the Council recommended and, by revising tables 2 
North and South to part 660, subpart E, and tables 3 North and South to 
part 660, subpart F, NMFS is extending the non-trawl RCA south of 
34[deg] 27' N lat. in the 100-150 fm (183 m-274 m) depths to include 
additional islands and banks that were formerly in the Cowcod 
Conservation Area (CCA) (for more information see 88 FR 59838, August 
30, 2023). This change, which expands the non-trawl RCA, is being 
promulgated as a precautionary measure because recreational fishing may 
increase fishing pressure in areas which were historically closed for 
some or all of the year, and this anticipated increase in anglers may 
increase catch of constraining species such as copper rockfish, 
vermilion/sunset rockfish and/or species with prohibited retention such 
as bronzespotted rockfish and cowcod. Similarly, commercial fisheries 
operating in these depths around the islands and banks may increase the 
likelihood of interactions with prohibited species (e.g., cowcod and 
bronzespotted rockfish). Additionally, the consistency in areas 
formerly closed by the CCA with the RCA lines in use along the mainland 
coast and Channel Islands south of Point Conception (34[deg] 27' N 
lat.) will reduce regulatory complexity for stakeholders.
    The Council also recommended and, by modifying tables 2 North and 
South to part 660, subpart E, and tables 3 North and South to part 660, 
subpart F, NMFS is implementing a zero pound trip limit for limited 
entry (LE) and open access (OA) fisheries between 42[deg] N latitude 
and 36[deg] N latitude for the following targets for all cumulative 
periods in 2024: Nearshore Rockfish complex and cabezon. These targets 
are only found in depths co-occurring with quillback rockfish, so in 
order to reduce quillback discard mortality, fishing on these targets 
is not allowed.
    The Council recommended and, by modifying tables 2 North and South 
to part 660, subpart E, and tables 3 North and South to part 660, 
subpart F, NMFS is implementing an area-based trip limit for LE and OA 
fisheries between 42[deg] N latitude and 36[deg] N latitude seaward of 
the non-trawl RCA for the following targets for all cumulative periods 
in 2024: lingcod and other flatfish. Inside of the non-trawl RCA, the 
trip limit is zero pounds for LE and OA fisheries for both lingcod and 
other flatfish, which co-occur with quillback rockfish, in order to 
reduce quillback discard mortality. The area-based trip limits will 
allow access to these stocks in deeper waters, seaward of the non-trawl 
RCA, where they do not co-occur with quillback rockfish, providing 
fishing opportunity in this area.

Minor Shelf Rockfish; Vermilion/Sunset Rockfish

    Vermilion/Sunset rockfish off California are currently managed as 
part of the Minor Shelf Rockfish complex, south of 40[deg]10' N 
latitude; as well as the Minor Shelf Rockfish complex north of 
40[deg]10' N latitude, but only in the area between 42[deg] and 
40[deg]10' N lat. For 2024, the southern complex has an ACL of 1,469 
metric tons (mt), and vermilion/sunset rockfish has an ACL contribution 
of 281.29 mt; the northern complex has an ACL of 1,278 mt, and 
vermilion/sunset rockfish has an ACL contribution of 6.62 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 minor shelf rockfish and vermilion/sunset 
rockfish, arose. The GMT analyzed reductions to the trip limits for 
Minor Shelf Rockfish in the LE and OA sectors off California. Based on 
the GMT analysis, the Council recommended reducing the trip limits, in 
anticipation of increased effort. The expected mortality by sector 
under current limits and under the recommended changes are shown in 
table 1.

   Table 1--Options Considered by the Council To Adjust Minor Shelf Rockfish Trip Limits by Period in the LEN
  (Limited Entry North) (40[deg]10'-42[deg] N Lat.), LES (Limited Entry South) (40[deg]10'-36[deg] N Lat.), OAN
    (Open Access North) (40[deg]10'-42[deg] N Lat.), and OAS (Open Access North) (40[deg]10'-36[deg] N Lat.)
                          Sectors, Associated Landings Projections, and Total Landings
 [Bolded row represents the GMT recommendation, which was adopted by the Council. There is no geographic harvest
  target to compare estimated total landings against the trip limit change due to the split at 36[deg] N lat.]
----------------------------------------------------------------------------------------------------------------
                                                                                                     Estimated
             Option                      Sector                 Trip limit          Est. total    total landings
                                                                                   landings (mt)       (mt)
----------------------------------------------------------------------------------------------------------------
No Action......................  LEN...................  800 lbs. (363 kg)/mo...             0.6             101
                                 OAN...................  800 lbs. (363 kg)/mo...             5.0
                                 LES...................  8,000 lbs. (3,629 kg)/2            11.8
                                                          mos.
                                 OAS...................  4,000 lbs. (1,814 kg)/2            83.6
                                                          mos.
Option 1.......................  LEN...................  800 lbs. (363 kg)/mo...             0.6            84.9
                                 OAN...................  600 lbs. (272 kg)/mo...             4.7
                                 LES...................  6,000 lbs. (2,722 kg)/2            11.6
                                                          mos.
                                 OAS...................  3,000 lbs. (1,361 kg)/2            68.0
                                                          mos.
Option 2.......................  LEN...................  800 lbs. (363 kg)/mo...             0.6            71.8
                                 OAN...................  400 lbs. (181 kg)/mo...             4.6
                                 LES...................  4,000 lbs. (1,814 kg)/2            10.6
                                                          mos.
                                 OAS...................  2,000 lbs. (907 kg)/2              56.0
                                                          mos.
----------------------------------------------------------------------------------------------------------------

    Additionally, within the Minor Shelf Rockfish Complex, vermilion 
rockfish south of 40[deg]10' ACL contribution is projected to be 
exceeded in 2023 and therefore the Council determined that additional 
trip limit reductions should be taken for 2024. Consequently, the 
Council recommended and NMFS is approving this change by modifying

[[Page 83357]]

tables 2 and 3 North and South for all cumulative periods in 2024. The 
expected mortality by sector under current limits and under the 
recommended changes are shown in table 2.

    Table 2--Projected Landings of Vermilion/Sunset, Vermilion/Sunset Allocation, and Projected Percentage of
             Vermilion/Sunset Attained Through the End of the Year by Current Trip Limit and Fishery
 [LEN (40[deg]10' N lat.-34[deg]27' N lat.). LES (south of 34[deg]27' N lat.). OAN (40[deg]10' N lat.-34[deg]27'
                                   N lat.). OAS (south of 34[deg]27' N lat.).
           Bolded row represents the GMT recommendation which was recommended by the Council to NMFS.]
----------------------------------------------------------------------------------------------------------------
                                                                                            Est.
                                                                Landing     Est. total    discard     Est. total
                           Sector, option      Trip limit      projection    landings    mortality    mortality
                                                                  (mt)         (mt)         (mt)         (mt)
----------------------------------------------------------------------------------------------------------------
No Action...............  LEN............  500 lbs. (227 kg)/         2.4         90.9          0.1         91.0
                                            2 mos.
                          OAN............  400 lbs. (181 kg)/        17.8
                                            2 mos.
                          LES............  3,000 lbs. (1,361         35.1
                                            kg)/2 mos.
                          OAS............  1,200 lbs. (544           35.6
                                            kg)/2 mos.
Option 1................  LEN............  500 lbs. (227 kg)/         2.4         77.7          0.1         77.8
                                            2 mos.
                          OAN............  300 lbs. (136 kg)/        13.4
                                            2 mos.
                          LES............  3,000 lbs. (1,361         35.1
                                            kg)/2 mos.
                          OAS............  900 lbs. (408 kg)/        26.8
                                            2 mos.
----------------------------------------------------------------------------------------------------------------

Bocaccio Rockfish South of 40[deg]10' N Lat.

    Bocaccio on the West Coast is managed as a separate stock south of 
40[deg]10' N lat., while bocaccio north of 40[deg]10' N lat. is managed 
as part of the minor shelf rockfish complex north of 40[deg]10' N lat. 
Bocaccio south of 40[deg]10' N lat., the subject of this action, is 
caught both commercially and recreationally, with commercial vessels 
harvesting it with both trawl and fixed gear (longlines and pots/traps) 
in the bottom trawl, nearshore, limited entry, and open access fixed 
gear fisheries. It is caught in shelf and nearshore areas, often 
together with chilipepper rockfish. The 2024 ACL and harvest guideline 
for bocaccio south of 40[deg]10' N lat. are 1,828 mt, and 1,779.9 mt, 
respectively.
    Subsequent to the June 2023 Council meeting, the Council 
recommended and NMFS implemented increases to the bocaccio trip limits 
for the LE and OA sectors through table 2 South and table 3 South such 
that the new limits were set at 8,000 lb (3,629 kg) per period for LE 
and 6,000 pounds (2,721 kg) per period for OA. Subsequent to the 
September 2023 Council meeting, the Council recommended revising the 
bocaccio trip limits between 40[deg]10 ' and 34[deg]27' N lat. for both 
sectors due to concerns due to quillback rockfish off California. NMFS 
implemented via inseason action a zero bag limit for bocaccio in the LE 
sector for period 6 in 2023 and a gear restriction for the existing bag 
limit for bocaccio in the OA sector (see 88 FR 67656, October 2, 2023). 
As part of the November 2023 analysis, the GMT concluded that there is 
minimal expected impact of target fishing for bocaccio on quillback 
rockfish as bocaccio is a midwater species and quillback rockfish are 
demersal and therefore they are not co-occurring. Therefore, the 
Council recommended applying the trip limits in place for each sector 
for periods 1-5 to period 6 for 2024. NMFS is implementing this change 
through revisions to table 2 South and table 3 South.

Other Flatfish

    Fishing for ``other flatfish '' off California as defined at Sec.  
660.11 General definitions (between 42[deg] N lat. south to the U.S./
Mexico border) is allowed within the non-trawl RCA with hook and line 
gear only (Sec.  660.330(d)(12)(iv)). To prevent the possible 
interaction with quillback rockfish within the RCA, the Council 
recommended reducing the ``other flatfish'' trip limit to 0 lbs./2 
months between 42[deg] N lat. to 36[deg] N lat. inside the Non-Trawl 
RCA, and maintaining the current trip limits seaward of the Non-Trawl 
RCA. This modification would allow for the opportunity to land other 
flatfish caught seaward of the RCA while preventing interactions with 
quillback rockfish.

Lingcod

    Prior to the November 2023 meeting, the GMT received a request to 
increase the lingcod trip limits north of 42[deg] 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[deg]10' N lat. 
and an ACL south of 40[deg]10' N lat. The 2024 ACL for lingcod north of 
40[deg]10' N lat. is 3,854 mt.
    To evaluate potential increases to lingcod trip limits north of 
42[deg] 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 3 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[deg] N lat. 
These projections were based on the most recent catch information 
available through late October 2023.

     Table 3--Projected Landings of Lingcod, Lingcod Allocation, and
Projected Percentage of Lingcod North of 42[deg] N Lat. Attained Through
              the End of the Year by Trip Limit and Fishery
------------------------------------------------------------------------
                                                     Projected landings
            Fishery                 Trip limits      (round weight) (mt)
------------------------------------------------------------------------
LE North of 42[deg] N lat......  Current: 9,000                   157.63
                                  lb. (4,082.3 kg)/
                                  two months.
OA North of 42[deg] N lat......  Current: 4,500
                                  lb. (2,041.2 kg)/
                                  month.
LE North of 42[deg] N lat......  Recommended:                     173.45
                                  11,000 lb.
                                  (4,989.5 kg)/two
                                  months.
OA North of 42[deg] N lat......  Recommended:
                                  5,500 lb.
                                  (2,494.8 kg)/
                                  month.
------------------------------------------------------------------------


[[Page 83358]]

    Under the current trip limits, the model predicts catches of 
lingcod north of 42[deg] N lat. will total 157.63 mt, which is 8 
percent of the 2024 non-trawl allocation of lingcod (1,965.9 mt). Under 
the Council's recommended trip limits, lingcod mortality north of 
42[deg] N lat. is expected to increase to 173.45 mt, which is 9 percent 
of the 2024 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 
yelloweye rockfish (a 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[deg] N lat. for all cumulative periods in 2024 as 
shown above in table 3.

Canary Rockfish

    At the November 2023 meeting, the GMT evaluated a request to 
decrease the 2024 canary rockfish trip limits for the LE fixed gear and 
OA in light of the 2023 stock assessment indicating canary rockfish are 
below the healthy biomass management target. The request was to reverse 
a trip limit increase that was implemented pursuant to a November 2022 
inseason action (88 FR 4910, January 26, 2023). Table 4 provides the 
projected landings, mortality, and attainment of the commercial share 
of canary under the status quo and under the recommended decrease in 
the limits.

 Table 4--Options To Decrease Canary Trip Limits by Period in the LEN, OAN, LES, and OAS Sectors, Associated Landings Projections, Estimated Mortality,
                                                        and Non-Trawl Commercial Share Attainment
                                     [Bolded row represents the GMT recommendation that was adopted by the Council]
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                                                                           % of the 2024
                                                                                        Landing     Est. total      Est.      Est. total     non-trawl
             Option                       Sector                   Trip limit          projection    landings     discard     mortality     commercial
                                                                                          (mt)         (mt)      mortality       (mt)      share (122.4
                                                                                                                    (mt)                        mt)
--------------------------------------------------------------------------------------------------------------------------------------------------------
No Action......................  LEN.....................  4,000 lbs. (1,814 kg)/2            5.4         31.3          0.8         32.0              26
                                                            mos.
                                 OAN.....................  2,000 lbs. (907 kg)/2 mos          3.9
                                 LES.....................  4,000 lbs. (1,814 kg)/2            8.7
                                                            mos.
                                 OAS.....................  2,000 lbs. (907 kg)/2 mos         13.3
Option 1.......................  LEN.....................  3,000 lbs. (1,361 kg)/2            4.0         23.9          0.6         24.5              20
                                                            mos.
                                 OAN.....................  1,000 lbs. (454 kg)/2 mos          3.4
                                 LES.....................  3,500 lbs. (1,588 kg)/2            6.5
                                                            mos.
                                 OAS.....................  1,500 lbs. (680 kg)/2 mos         10.0
--------------------------------------------------------------------------------------------------------------------------------------------------------

    Therefore, the Council recommended, and by modifying tables 2 North 
and South and tables 3 North and South, NMFS is implementing a revision 
to the LE and OA trip limits for all cumulative periods in 2024 as 
shown in table 4 above. The adjustment will provide proactive 
adjustment looking to the 2025-2026 biennium.

Longleader (Holloway Gear)--Oregon Recreational Fishery

    The longleader gear is used to harvest midwater rockfish seaward of 
the 40-fathom regulatory line. Due to low impacts to yelloweye rockfish 
and other benthic species, the bag limit for this fishery has been 
higher than the nearshore traditional bottomfish bag limit. In 2023, 
the bag limit was increased from 10 fish to 15 fish as a way to further 
entice anglers to participate in the offshore fishery to alleviate some 
of the fishing pressure from the nearshore reefs. For 2024, the GMT 
recommended decreasing the Oregon longleader fishery bag limit to 12 
fish due to an increase of canary rockfish, a limiting stock, 
encountered in the fishery and to be consistent with state regulatory 
action which decreased bag limits in state waters. Consequently, the 
Council recommended and NMFS is implementing this change in the bag 
limit by modifying 50 CFR 660.360(c)(2)(iii)(A).

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, by allowing for fishing in areas where quillback rockfish are 
not likely to occur and through trip limit increases for lingcod, this 
action is 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 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 on

[[Page 83359]]

January 1, 2024, for the start of the new fishing year.

List of Subjects in 50 CFR Part 660

    Fisheries, Fishing, Indian Fisheries.

    Dated: November 20, 2023.
Kelly Denit,
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

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. Revise table 2 (North) to part 660, subpart E, to read as follows:
BILLING CODE 3510-22-P
[GRAPHIC] [TIFF OMITTED] TR29NO23.000


0
3. Revise table 2 (South) to part 660, subpart E, to read as follows:

[[Page 83360]]

[GRAPHIC] [TIFF OMITTED] TR29NO23.001


0
4. Revise table 3 (North) to part 660, subpart F, to read as follows:

[[Page 83361]]

[GRAPHIC] [TIFF OMITTED] TR29NO23.002


0
5. Revise table 3 (South) to part 660, subpart F, to read as follows:

[[Page 83362]]

[GRAPHIC] [TIFF OMITTED] TR29NO23.003


[[Page 83363]]


[GRAPHIC] [TIFF OMITTED] TR29NO23.004


0
6. Amend Sec.  660.360 by revising paragraph (c)(2)(iii)(A) to read as 
follows:


Sec.  660.360  Recreational fishery--management measures.

* * * * *
    (c) * * *
    (2) * * *
    (iii) * * *
    (A) Marine fish. The bag limit is 10 marine fish per day, which 
includes rockfish, kelp greenling, cabezon, and other groundfish 
species; except the daily bag limit in the long-leader gear fishery is 
12 fish per day. The bag limit of marine fish excludes Pacific halibut, 
salmonids, tuna, perch species, sturgeon, sanddabs, flatfish, lingcod, 
striped bass, hybrid bass, offshore pelagic species and baitfish 
(herring, smelt, anchovies and sardines). The minimum size for cabezon 
retained in the Oregon recreational fishery is 16 in (41 cm) total 
length.
* * * * *

[FR Doc. 2023-26018 Filed 11-28-23; 8:45 am]
BILLING CODE 3510-22-C


</pre><script data-cfasync="false" src="/cdn-cgi/scripts/5c5dd728/cloudflare-static/email-decode.min.js"></script></body>
</html>