[Federal Register Volume 89, Number 204 (Tuesday, October 22, 2024)]
[Rules and Regulations]
[Pages 84296-84302]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-24400]


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

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 660

[Docket No. 221206-0261]
RIN 0648-BN32


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 groundfish fisheries. This action is 
intended to allow fishing vessels to access more abundant groundfish 
stocks while protecting rebuilding stocks.

DATES: This final rule is effective October 22, 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/.

FOR FURTHER INFORMATION CONTACT: Dr. Sean Matson, phone: 206-526-6187 
or email: <a href="/cdn-cgi/l/email-protection#e19284808fcf8c8095928e8fa18f8e8080cf868e97"><span class="__cf_email__" data-cfemail="acdfc9cdc282c1cdd8dfc3c2ecc2c3cdcd82cbc3da">[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 seaward of Washington, Oregon, and 
California. The Pacific Fishery Management Council (Council) develops 
groundfish harvest specifications and management measures for 2-year 
periods (biennia). NMFS published the final rule to implement harvest 
specifications and management measures for the 2023-2024 biennium for 
most species managed under the PCGFMP on December 16, 2022 (87 FR 
77007). The management measures set at the start of the biennial 
harvest specifications cycle help the various sectors of the fishery 
attain, but not exceed, the catch limits for each stock. The Council, 
in coordination with Pacific Coast Treaty Indian Tribes and the States 
of Washington, Oregon, and California, recommends adjustments to the 
management measures during the fishing year to achieve this goal.
    At its September 2024 meeting, the Council recommended an 
assortment of modifications that included corrections and adjustments, 
to commercial fixed gear trip limits and incidental catch limits, for 
limited entry (LE) and open access (OA) fisheries for the remainder of 
2024. Stocks and complexes with recommended changes included the other 
fish complex south of 40[deg]10' N lat., minor nearshore rockfish south 
of 40[deg]10' N lat., and cabezon in California. Potential changes were 
analyzed and ultimately recommended after updated information regarding 
projected catch and attainment became available, as well as requests 
from industry.
    Pacific Coast groundfish fisheries are managed using harvest 
specifications or limits (e.g., overfishing limits,

[[Page 84297]]

acceptable biological catch, annual catch limits and harvest 
guidelines) 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., trip limits, area closures, and 
bag limits) that are meant to control catch so as not to exceed the 
harvest specifications. The harvest specifications and management 
measures developed for the 2023-2024 biennium used data through the 
2021 fishing year. Each of the adjustments to management 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 
management measures are projected so as to help harvesters achieve but 
not exceed the harvest limits.

Other Fish Limited Entry Trip Limit South of 40[deg]10' N Lat. 
(Correction)

    In the September 2024 meeting, the Council recommended that the 
trip limit for the ``other fish'' complex be changed from zero pounds 
(lb) per 2 months, to unlimited for the limited entry fixed gear (LEFG) 
fishery south of 40[deg]10' N lat. during November and December of 2024 
(table 1), to correct an inadvertent change made in the inseason action 
from November 2023, which became effective in January 2024.

 Table 1--Trip Limit Structure for LE FG ``Other Fish'' Complex South of
 40[deg]10' N Lat., in Current Regulation and Recommended by Council in
                             September 2024
------------------------------------------------------------------------
           Option                January-October      November-December
------------------------------------------------------------------------
Current regulation..........  0 lb (0 kg)/2 months  0 lb (0 kg)/2
                                                     months.
Recommended.................  0 lb (0 kg)/2 months  Unlimited.
------------------------------------------------------------------------

LEFG and OA Minor Nearshore Rockfish South of 40[deg]10' N Lat., and 
Cabezon in California

    The Council recommended at their September 2024 meeting, in 
agreement with analyses by the Council's Groundfish Management Team 
(GMT) and the California Department of Fish and Wildlife (CDFW), 
discussion with the Groundfish Advisory Subpanel and enforcement 
consultants, to change the management lines on LEFG and open access 
(OA) trip limits in Federal regulation for cabezon in California, as 
well as shallow and deeper nearshore rockfish (within the minor 
nearshore rockfish south of 40[deg]10' N lat. complex) from 36[deg] N 
lat. to 37[deg]07' N lat. (tables 2 and 3). This was done to align trip 
limits with current non-trawl rockfish conservation area boundaries 
(implemented April 1, 2024), align State and Federal regulations, 
prevent regulatory and enforcement confusion, and to better serve 
conservation needs of quillback rockfish (recently designated as 
overfished), while minimizing corresponding constraints to fishery 
participants by utilizing more spatially precise management measures. 
Similar changes were recommended in March 2024 (implemented April 2024) 
for lingcod, shelf rockfish, and other flatfish, to allow more 
spatially precise management measures, for both better quillback 
conservation, and better concurrent access to other target species. 
CDFW has taken State action to move their latitude line for quillback 
related closures from 36[deg] to 37[deg]07' N lat. for the same reasons 
(State/Federal coordination, and benefits of spatially precise 
management).

  Table 2--Trip Limit Structure for LEFG and OA Minor Nearshore Rockfish South of 40[deg]10' N Lat., in Current
                             Regulation and Recommended by Council in September 2024
----------------------------------------------------------------------------------------------------------------
          Option                       Habitat                 Management area              Trip limits
----------------------------------------------------------------------------------------------------------------
Current regulation.......  Shallow nearshore..............  40[deg]10' N lat.-    0 lb (0 kg)/2 months.
                                                             36[deg] N lat.       2,000 lb (907 kg)/2 months.
                                                            South of 36[deg] N
                                                             lat.
                           Deeper nearshore...............  40[deg]10' N lat.-    0 lb (0 kg)/2 months.
                                                             36[deg] N lat.       2,000 lb (907 kg)/2 months, of
                                                            South of 36[deg] N     which no more than 75 lb (34
                                                             lat.                  kg) may be copper rockfish.
Council recommended......  Shallow nearshore..............  40[deg]10' N lat.-    0 lb (0 kg)/2 months.
                                                             37[deg]07' N lat.    2,000 lb (907 kg)/2 months.
                                                            South of 37[deg]07'
                                                             N lat.
                           Deeper nearshore...............  40[deg]10' N lat.-    0 lb (0 kg)/2 months.
                                                             37[deg]07' N lat.    2,000 lb (907 kg)/2 months, of
                                                            South of 37[deg]07'    which no more than 75 lb (34
                                                             N lat.                kg) may be copper rockfish.
----------------------------------------------------------------------------------------------------------------


  Table 3--Trip Limit Structure for LE FG and OA Cabezon in California,
  South of 40[deg]10' N Lat., in Current Regulation and Recommended by
                        Council in September 2024
------------------------------------------------------------------------
           Option                Management area         Trip limits
------------------------------------------------------------------------
Current regulation..........  40[deg]10' N lat.-    0 lb (0 kg)/2
                               36[deg] N lat.        months.
                              South of 36[deg] N    Unlimited.
                               lat.
Council recommended.........  40[deg]10' N lat.-    0 lb (0 kg)/2
                               37[deg]07' N lat.     months.
                              South of 37[deg]07'   Unlimited.
                               N lat.
------------------------------------------------------------------------

    Therefore, the Council recommended and NMFS is implementing, by 
modifying table 2 South to part 660, subpart E, and table 3 South to 
part 660, subpart F, changes to the management lines on LEFG and OA 
trip limits in Federal regulation for cabezon in California, as well as 
shallow and deeper nearshore rockfish (both part of

[[Page 84298]]

the minor nearshore rockfish south of 40[deg]10' N lat. complex) from 
36[deg] N lat. to 37[deg]07' N lat. (tables 2 and 3). These changes 
will start with Period 5 (November and December) and remain in place 
through the end of 2024 and beyond, unless otherwise modified.

Retention Limits for Incidental Catch of Pacific Halibut North of Pt. 
Chehalis

    Pacific halibut is internationally managed by the International 
Pacific Halibut Commission and NMFS. A catch sharing plan is published 
each year by NMFS; the 2024 plan (89 FR 19275, March 18, 2024) states 
that the non-treaty incidental catch in sablefish fishery (north of Pt. 
Chehalis) is 50,000 lb (22.7 metric tons). At the September 2024 
meeting, the Council recommended to increase retention limits for the 
remainder of 2024, for incidental catch of Pacific halibut in the 
primary sablefish fishery north of Pt. Chehalis. This would represent 
an increase from the current limit in regulation of 130 lb (59 kg) of 
halibut per 1,000 lb (454 kg) of dressed sablefish plus two halibut, to 
150 lb (68 kg) of halibut per 1,000 lb (454 kg) of dressed sablefish 
plus two halibut. This action was requested in order to help sablefish 
fishers north of Pt. Chehalis increase the utilization of their 
sablefish allocation without exceeding the halibut allocation. The GMT 
projected an inconsequential increase in already low attainment of the 
incidental halibut limit, from 52 to 55 percent, if the measure were 
implemented (table 4).

 Table 4--Projected Incidental Pacific Halibut Landings in the Primary Sablefish Fishery North of Point Chehalis
                     Under Current Regulation and Council Recommended Incidental Trip Limits
----------------------------------------------------------------------------------------------------------------
                                            Projected landings (net wt. lb)    Allocation (net wt.    Attainment
        Option            Landing ratio           through December 7                   lb)               (%)
----------------------------------------------------------------------------------------------------------------
Status Quo............  130 lb (59 kg)     25,871 (11,735 kg)..............  50,000 lb (22,680 kg).           52
                         halibut per
                         1,000 lb
                         sablefish landed
                         and up to 2
                         halibut in
                         excess of limit.
Alternative 1.........  150 lb (68 kg)     27,609 (12,523 kg)..............                                   55
                         halibut per
                         1,000 lb
                         sablefish landed
                         and up to 2
                         halibut in
                         excess of limit.
----------------------------------------------------------------------------------------------------------------

    Therefore, the Council recommended and NMFS is implementing, by 
modifying regulation text in Sec.  660.60, paragraph (b)(3)(iv) to read 
as follows: ``Incidental Pacific halibut retention north of Pt. 
Chehalis, WA (46[deg]53.30' N lat.). From April 1 through the closure 
date set by the International Pacific Halibut Commission for Pacific 
halibut in all commercial fisheries, vessels authorized to participate 
in the sablefish primary fishery, licensed by the International Pacific 
Halibut Commission for commercial fishing in Area 2A (waters off 
Washington, Oregon, California), and fishing with longline gear north 
of Pt. Chehalis, WA (46[deg]53.30' N lat.) may possess and land up to 
150 lb (68 kg) dressed weight of Pacific halibut for every 1,000 lb 
(454 kg) dressed weight of sablefish landed, and up to two additional 
Pacific halibut in excess of the 150-lb-per-1,000-lb limit per landing. 
NMFS publishes the International Pacific Halibut Commission's 
regulations setting forth annual management measures, including the 
closure date for Pacific halibut in all commercial fisheries, in the 
Federal Register by March 15 each year, 50 CFR 300.62. ``Dressed'' 
Pacific halibut in this area means halibut landed eviscerated with 
their heads on. Pacific halibut taken and retained in the sablefish 
primary fishery north of Pt. Chehalis may only be landed north of Pt. 
Chehalis and may not be possessed or landed south of Pt. Chehalis.''

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 Dr. Sean Matson in 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. The adjustments to management measures in this document 
update management line designations on trip limits for cabezon in 
California, and minor nearshore rockfish south of 40[deg]10' N lat., 
and allow additional incidental retention of bycaught Pacific halibut 
north of Pt. Chehalis to allow additional economic opportunity while 
keeping catch within allocations established by the 2023-2024 harvest 
specifications, and the 2024 halibut catch sharing plan, respectively.
    The latitude line changes on trip limits in the LE and OA sectors 
are necessary to enable and spatially precise management for adequate 
conservation, and to minimize catch of quillback rockfish, which was 
recently determined to be overfished (NMFS notified the Council of the 
overfished status determination for quillback rockfish on December 14, 
2023), while allowing fishing for other species to continue in areas 
where it may otherwise need to be closed if the changes were not made. 
The changes also are necessary to enable effective enforcement by 
aligning spatial management for these species across State and Federal 
waters boundaries. Increases to retention of incidentally caught 
halibut are necessary to enable more effective attainment of the 
sablefish allocation without exceeding the halibut allocation.
    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 it is unlikely the new 
regulations would publish and could be implemented in time to realize 
the projected benefits to fishing communities and the resource. A delay 
in implementation could also contribute to unnecessarily discarded and 
largely wasted fish, which could otherwise be landed to provide food 
and revenue, and responsible use of the resource. Therefore, providing 
a comment period for this action could significantly limit the economic 
benefits to the fishery, and would hamper the achievement of optimum 
yield from the affected fisheries.

[[Page 84299]]

    Therefore, the NMFS finds reason to waive the 30-day delay in 
effectiveness pursuant to 5 U.S.C. 553(d)(1) so that this final rule 
may become effective upon publication in the Federal Register. The 
adjustments to management measures in this document affect fisheries by 
increasing opportunity and allowing greater economic benefit. These 
adjustments were requested by the Council's advisory bodies, as well as 
members of industry during the Council's September 2024 meeting, and 
recommended unanimously by the Council. No aspect of this action is 
controversial, and changes of this nature were anticipated in the 
biennial harvest specifications and management measures established 
through a notice and comment rulemaking for 2023-2024 (87 FR 77007).

List of Subjects in 50 CFR Part 660

    Fisheries, Fishing, Indian fisheries.

    Dated: October 16, 2024.
Karen H. Abrams,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.

    For the reasons set out in the preamble, NMFS amends 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.  660.231, revise paragraph (b)(3)(iv) to read as follows:
* * * * *
    (b) * * *
    (3) * * *
    (iv) Incidental Pacific halibut retention north of Pt. Chehalis, WA 
(46[deg]53.30' N lat.). From April 1 through the closure date set by 
the International Pacific Halibut Commission for Pacific halibut in all 
commercial fisheries, vessels authorized to participate in the 
sablefish primary fishery, licensed by the International Pacific 
Halibut Commission for commercial fishing in Area 2A (waters off 
Washington, Oregon, California), and fishing with longline gear north 
of Pt. Chehalis, WA (46[deg]53.30' N lat.) may possess and land up to 
150 lb (68 kg) dressed weight of Pacific halibut for every 1,000 lb 
(454 kg) dressed weight of sablefish landed, and up to two additional 
Pacific halibut in excess of the 150-lb-per-1,000-lb limit per landing. 
NMFS publishes the International Pacific Halibut Commission's 
regulations setting forth annual management measures, including the 
closure date for Pacific halibut in all commercial fisheries, in the 
Federal Register by March 15 each year, 50 CFR 300.62. ``Dressed'' 
Pacific halibut in this area means halibut landed eviscerated with 
their heads on. Pacific halibut taken and retained in the sablefish 
primary fishery north of Pt. Chehalis may only be landed north of Pt. 
Chehalis and may not be possessed or landed south of Pt. Chehalis.
* * * * *

0
3. Revise table 2 (South) to part 660, subpart E, to read as follows:
BILLING CODE 3510-22-P

[[Page 84300]]

[GRAPHIC] [TIFF OMITTED] TR22OC24.000


[[Page 84301]]



0
4. Revise table 3 (South) to part 660, subpart F, to read as follows:
[GRAPHIC] [TIFF OMITTED] TR22OC24.001


[[Page 84302]]


[GRAPHIC] [TIFF OMITTED] TR22OC24.002


[FR Doc. 2024-24400 Filed 10-21-24; 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>