[Federal Register Volume 88, Number 40 (Wednesday, March 1, 2023)]
[Rules and Regulations]
[Pages 12865-12868]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-03889]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 660
[Docket No. 230217-0046]
RIN 0648-BL48
Magnuson-Stevens Act Provisions; Fisheries Off West Coast States;
Pacific Coast Groundfish Fishery; Pacific Coast Groundfish Fishery
Management Plan; Amendment 30; 2023-24 Biennial Specifications and
Management Measures; Correcting Amendment
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Final rule; correcting amendment.
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SUMMARY: NMFS is correcting the 2023-2024 harvest specifications and
management measures for groundfish caught in the U.S. exclusive
economic zone seaward of Washington, Oregon, and California published
on December 16, 2022. These corrections are necessary so the
regulations accurately implement the intent of the Pacific Fishery
Management Council.
DATES: This correction is effective March 1, 2023. As of March 1, 2023,
the revision to Sec. 660.360(c)(2)(i)(D) in amendatory instruction 18,
of the final rule published December 11, 2020, at 85 FR 79880, is
withdrawn.
ADDRESSES: This rule is accessible at the Office of the Federal
Register website at https://www.federalregister.gov. Background
information and documents are available at the NMFS West Coast Region
website at https://www.fisheries.noaa.gov/action/amendment-30-pacific-coast-groundfish-fishery-management-plan-2023-2024-harvest and the
Pacific Fishery Management Council's website at http://www.pcouncil.org/.
FOR FURTHER INFORMATION CONTACT: Brian Hooper, Fishery Management
Specialist, at 206-526-6117 or [email protected].
SUPPLEMENTARY INFORMATION: 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 (i.e., a biennium). NMFS
published the final rule to implement harvest specifications and
management measures for the 2023-2024 biennium for most species managed
under the PCGFMP on December 16, 2022 (87 FR 77007). That final rule
was effective January 1, 2023. After publication of the final rule,
NMFS noted the need for corrections to accurately implement the intent
of the Council.
Corrections
The final rule inadvertently omitted clarifications regarding
declaration codes for non-bottom contact hook and line gear for
groundfish (e.g., troll, jig gear, rod and reel gear) (declaration code
35), open access non-bottom contact stationary vertical jig gear
(declaration code 36) and open access non-bottom contact troll gear
(declaration code 37). The final rule implementing requirements for a
Federal non-trawl logbook (87 FR 59724, October 3, 2022) revised and
added declaration codes to ensure codes better aligned with the gear
profiles described in the electronic non-trawl logbook application. The
final rule implementing harvest specifications and management measures
for the 2023-2024 biennium (87 FR 77007, December 16, 2022) allowed for
vessels in the directed open access fishery targeting groundfish to
operate inside the non-trawl Rockfish Conservation Area (NT-RCA) from
46[deg]16' N lat. to the U.S./Mexico border with non-bottom contact
hook-and-line gear only. The final rule inadvertently did not add
clarifying language to the declaration codes to indicate which codes
could be used to fish inside the NT-RCA. This correcting amendment
revises Sec. 660.13(d)(4)(iv)(A)(27) through (29) to clarify that
declaration code 35 may be used only outside the NT-RCA, and
declaration codes 36 and 37 may be used inside and outside of the NT-
RCA. After the final rule was published, NMFS received questions on
which declaration code applies when fishing inside or outside the NT-
RCA. This non-substantive clarification is consistent with the intent
described in the preamble of the final rule. It provides needed clarity
around the requirements for non-trawl RCA access implemented in the
final rule.
On page 77016 of the final rule, paragraph (o)(219) mistakenly re-
published the existing text at that time instead of revised text. On
page 77020 of the final rule, paragraph (q)(4) also mistakenly re-
published the existing
[[Page 12866]]
text at that time instead of revised text. The need for the intended
revisions was described on page 77013 of the final rule in the section
``Changes from the Proposed Rule'' and would move two boundary line
waypoints from locations outside the Exclusive Economic Zone (EEZ) to
inside the EEZ. However, the revisions were mistakenly omitted in the
regulatory text. This correcting amendment revises Sec. 660.71(o)(219)
and Sec. 660.74(q)(4), consistent with the final rule.
On page 77020 of the final rule, paragraph (p)(7) inadvertently
omitted an ``and'' at the end of the subparagraph, as is the convention
in these regulations. Adding ``and'' to the end of this paragraph is an
administrative change for clarity. This correcting amendment adds the
word ``and'' to Sec. 660.74(p)(7).
The final rule mistakenly omitted lingcod south of 40[deg]10' N
lat. from the list of Individual Fishing Quota species allocated
through the biennial specifications and management measures process.
This correcting amendment revises the list at Sec. 660.140 (c)(3)(iv)
to include lingcod south of 40[deg]10' N lat. consistent with the
intentions described in the preamble of the final rule and Section
6.3.2 of the PCGFMP, and alphabetizes the list for clarity.
This correcting amendment revises Table 1c and Table 2c to Sec.
660, subpart C to address formatting errors and increase clarity for
the public regarding the allocations for sablefish north of 36[deg] N
lat.
At its June 2022 meeting, the Council adopted a management measure
allowing directed open access fishery vessels to fish inside and
outside of the non-trawl RCA on the same trip but those vessels can
only carry one type of legal non-bottom contact hook-and-line gear on-
board the vessel when fishing occurs in the NT-RCA; no other gear type
may be on deck vessel or stowed. These provisions were adopted by the
Council based on recommendations from the Groundfish Management Team
(GMT) in its June 2022 Report (Agenda Item f.6.a, Supplemental GMT
Report 3). The section of the GMT report on this management measure
refers to a June 2022 NMFS report (Agenda Item f.6.a, NMFS Report 1)
which describes the management measure exactly as it is being
implemented in this correcting amendment. Therefore, it was the clear
intent of the Council to adopt this management measure as it is being
implemented in this rule. The preamble to the proposed rule (87 FR
62676, October 14, 2022), in Section III.J, specifically discusses the
management measure that the Council adopted as being part of the
regulations implemented through the proposed rule. However, NMFS
inadvertently omitted these provisions from the proposed regulatory
text and therefore the management measure was mistakenly not included
in the final rule. This correcting amendment, which adds these
provisions at Sec. 660.330(b)(3), is necessary to ensure the
regulations are consistent with the intent of the Council and the
expectation of the public.
The final rule defined legal non-bottom contact hook-and-line gear
to include stationary vertical jig gear ``attached to the vessel.''
This management measure was adopted by the Council based on
recommendations from the GMT in its June 2022 Report (Agenda Item
f.6.a, Supplemental GMT Report 3). The section of the GMT report on
this management measure refers to a June 2022 NMFS report (Agenda Item
f.6.a, NMFS Report 1) which includes the phrase ``attached to the
vessel.'' However, the intent of the Council, as described in the June
2022 NMFS report and an April 2022 NMFS Report (Agenda Item F.4.a,
Supplemental NMFS Report 1), was to allow the use of stationary jig
gear inside the non-trawl RCA in gear configurations that had been
tested through the Emley-Platt Exempted Fishing Permit, which included
vessels fishing with stationary jig gear, not just jig gear attached to
the vessel (stationary jig gear includes both gear attached to the
vessel and gear fished by hand). After the publication of the final
rule, fishermen raised concerns and confusion over whether this phrase
could be interpreted as only allowing fishing with gear physically
attached to the vessel and not allowing fishing with gear fished from
the vessel but unattached. NMFS and NMFS Office of Law Enforcement
reviewed the concerns of the fishermen and agree that this provision
mistakenly would exclude jigging from a hand-held rod inside the non-
trawl RCA. By including the phrase ``attached to the vessel'', the
final rule inadvertently imposed a restriction that was not intended by
the Council. This phrase unintentionally adds a restriction that was
not anticipated by the public, is causing confusion by fishery
participants, and raises questions for how to enforce the provision. In
order to correct this error, this correcting amendment corrects the
definition at Sec. 660.330(b)(3) by removing the phrase ``attached to
the vessel.'' The final rule mistakenly deleted recreational fishery
regulations seaward of California for the Rockfish, Cabezon, and
Greenling (RCG) complex from the CFR due to a technical error in the
amendatory instruction. The mistaken amendatory instruction revised
paragraph (c)(3)(ii) but inadvertently deleted all the subparagraphs
within (c)(3)(ii), including the revised subparagraphs that were
included in the final rule. This correcting amendment reinstates all
subparagraphs within Sec. 660.360 (c)(3)(ii), including those that
were revised in the final rule, to make the regulations for the RCG
complex consistent with those published in the proposed rule and
recommended by the Council.
Classification
NMFS is issuing this rule pursuant to 304(b) of the Magnuson-
Stevens Fishery Conservation and Management Act (MSA). The NMFS
Assistant Administrator for Fisheries (AA) has determined that this
final rule is consistent with the PCGFMP and other applicable law.
Pursuant to 5 U.S.C. 553(b)(B), the AA finds there is good cause to
waive prior notice and an opportunity for public comment on this
action, as notice and comment would be unnecessary and contrary to
public interest in clear and accurate regulations. This action corrects
inadvertent errors and makes necessary clarifications for to the
December 16, 2022 final rule (87 FR 77007). Expeditious correction of
the errors and clarification is necessary to prevent confusion among
participants in the fishery, as the fishery has already begun. In
addition, notice and comment is unnecessary because this notice makes
only minor changes to correct inadvertent errors and make minor
clarifications related to the December 16, 2022 final rule (87 FR
77007). These corrections will not affect the results of analyses
conducted to support management decisions in the Pacific Coast
groundfish fishery. These corrections are consistent with the Council's
intent for regulations, and the public expects the regulations to be
written as in the correction. No change in operating practices in the
fishery is required.
Similarly, the AA has determined good cause exists to waive the 30-
day delay in effectiveness pursuant to 5 U.S.C. 553(d). The changes in
this action should be effective immediately to prevent further
confusion among participants in the fishery. This notice makes only
minor corrections to the final rule which was effective January 1,
2023. Delaying effectiveness of these corrections would result in
conflicts in the regulations and confusion among fishery participants.
[[Page 12867]]
Because prior notice and an opportunity for public comment are not
required to be provided for this rule by 5 U.S.C. 553, or any other
law, the analytical requirements of the Regulatory Flexibility Act, 5
U.S.C. 601 et seq., are not applicable. Accordingly, no Regulatory
Flexibility Analysis is required for this rule and none has been
prepared.
This final rule is not significant under Executive Order 12866.
This final rule contains no information collection requirements
under the Paperwork Reduction Act of 1995.
List of Subjects in 50 CFR Part 660
Fisheries and Fishing.
Dated: February 21, 2023.
Samuel D. Rauch, III,
Deputy Assistant Administrator for Regulatory Programs, National Marine
Fisheries Service.
For the reasons set out in the preamble, 50 CFR part 660 is
corrected by making the following amendments:
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. 660.13, revise paragraphs (d)(4)(iv)(A)(27) through (29) to
read as follows:
Sec. 660.13 Recordkeeping and reporting.
* * * * *
(d) * * *
(4) * * *
(iv) * * *
(A) * * *
(27) Open access non-bottom contact hook and line gear for
groundfish (e.g., troll, jig gear, rod & reel gear) (outside the non-
trawl RCA only) (declaration code 35);
(28) Open access non-bottom contact stationary vertical jig gear
(allowed inside or outside the non-trawl RCA) (declaration code 36);
(29) Open access non-bottom contact troll gear (allowed inside or
outside the non-trawl RCA) (declaration code 37);
* * * * *
0
3. In Sec. 660.71, revise paragraph (o)(219) as follows:
Sec. 660.71 Latitude/longitude coordinates defining the 10-fm (18-m)
through 40-fm (73-m) depth contours.
* * * * *
(o) * * *
* * * * *
(219) 32[deg]33.33' N lat., 117[deg]16.45' W long.;
* * * * *
0
4. In Sec. 660.74, revise paragraphs (p)(7) and (q)(4) to read as
follows:
Sec. 660.74 Latitude/longitude coordinates defining the 180 fm (329
m) through 250 fm (457 m) depth contours.
* * * * *
(p) * * *
* * * * *
(7) 33[deg]25.79' N lat., 118[deg]02.25' W long.; and
* * * * *
(q) * * *
* * * * *
(4) 32[deg]37.14' N lat., 117[deg]44.94' W long.;
* * * * *
0
5. Revise Table 1c to part 660, subpart C, to read as follows:
Table 1c. to Part 660, Subpart C--Sablefish North of 36[deg] N Lat. Allocations, 2023
[Weight in metric tons]
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Set-asides Limited entry HG Open access HG
Year ACL ------------------------------- Recreational EFP Commercial ---------------------------------------------------
Tribal \a\ Research estimate HG Percent mt Percent mt \b\
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2023................................................. 8,486 849 30.7 6 1 7,600 90.6 6,885 9.4 714
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Year LE all Limited entry trawl \c\
Limited entry fixed gear \d\
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All trawl At-sea whiting Shorebased IFQ All FG Primary
DTL
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2023................................................. 6,885 3,994 100 3,893.5 2,892 2,458
434
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\a\ The tribal allocation is further reduced by 1.7 percent for discard mortality resulting in 834.6 mt in 2023.
\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
6. Revise Table 2c to Part 660, Subpart C, to read as follows:
Table 2c. to Part 660, Subpart C--Sablefish North of 36[deg] N. Lat. Allocations, 2024 and Beyond
[Weights in metric tons]
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Set-asides Limited entry HG Open access HG
Year ACL ------------------------------- Recreational EFP Commercial ---------------------------------------------------
Tribal \a\ Research estimate HG Percent mt Percent mt \b\
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2024................................................. 7,780 778 30.7 6 1 6,964 90.6 6,309 9.4 665
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Year LE all Limited entry trawl \c\
Limited entry fixed gear \d\
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All trawl At-sea whiting Shorebased IFQ All FG Primary
DTL
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2024................................................. 6,309 3,659 100 3,559 2,650 2,252
397
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\a\ The tribal allocation is further reduced by 1.7 percent for discard mortality resulting in 764.8 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.
[[Page 12868]]
0
7. In Sec. 660.140, revise paragraph (c)(3)(iv) to read as follows:
Sec. 660.140 Shorebased IFQ Program.
* * * * *
(c) * * *
(3) * * *
(iv) The remaining IFQ species (bocaccio, canary rockfish, cowcod,
darkblotched rockfish, lingcod S of 40[deg]10' N lat., minor shelf
rockfish N of 40[deg]10' N lat., minor shelf rockfish S of 40[deg]10' N
lat., and minor slope rockfish S of 40[deg]10' N lat., POP, widow
rockfish, and yelloweye rockfish) are allocated through the biennial
specifications and management measures process minus any set-asides for
the mothership and C/P sectors for that species.
* * * * *
0
8. In Sec. 660.330, revise paragraph (b)(3) introductory text to read
as follows:
Sec. 660.330 Open access fishery--management measures.
* * * * *
(b) * * *
(3) Non-trawl RCA gear. Inside the non-trawl RCA, only legal non-
bottom contact hook-and-line gear configurations may be used for target
fishing for groundfish by vessels that participate in the directed open
access sector as defined at Sec. 660.11. On a fishing trip where any
fishing will occur inside the non-trawl RCA, only one type of legal
non-bottom contact gear may be carried on board, and no other fishing
gear of any type may be carried on board or stowed during that trip.
The vessel may fish inside and outside the non-trawl RCA on the same
fishing trip, provided a valid declaration report as required at Sec.
660.13(d) has been filed with NMFS OLE. Legal non-bottom contact hook-
and-line gear means stationary vertical jig gear not anchored to the
bottom, and groundfish troll gear, subject to the specifications in
paragraphs (b)(3)(i) and (ii) of this section.
* * * * *
0
9. In Sec. 660.360, revise paragraph (c)(3)(ii) to read as follows:
Sec. 660.360 Recreational fishery--management measures.
* * * * *
(c) * * *
(3) * * *
(ii) RCG complex. The California rockfish, cabezon, greenling
complex (RCG Complex) includes all rockfish, kelp greenling, rock
greenling, and cabezon. This category does not include California
scorpionfish, also known as ``sculpin''.
(A) Seasons. When recreational fishing for the RCG complex is open,
it is permitted only outside of the recreational RCAs described in
paragraph (c)(3)(i) of this section.
(1) Between 42[deg] N lat. (California/Oregon border) and
40[deg]10' N lat. (North Management Area), recreational fishing for the
RCG complex is open from May 15 through October 15 (i.e., recreational
fishing for the RCG complex is closed from January 1 through May 14,
and October 16 through December 31).
(2) Between 40[deg]10' N lat. and 38[deg]57.50' N lat. (Mendocino
Management Area), recreational fishing for the RCG Complex is open from
May 15 through December 31 (i.e., recreational fishing for the RCG
complex is closed from January 1 through May 14).
(3) Between 38[deg]57.50' N lat. and 37[deg]11' N lat. (San
Francisco Management Area), recreational fishing for the RCG complex is
open from May 15 through December 31 (i.e., recreational fishing for
the RCG complex is closed from January 1 through May 14).
(4) Between 37[deg]11' N lat. and 34[deg]27' N lat. (Central
Management Area), recreational fishing for the RCG complex is open from
May 1 through December 31 (i.e., recreational fishing for the RCG
complex is closed from January 1 through April 30).
(5) South of 34[deg]27' N lat. (Southern Management Area),
recreational fishing for the RCG Complex is open from April 1 through
December 31 (i.e., recreational fishing for the RCG complex is closed
from January 1 through March 31).
(B) Bag limits, hook limits. In times and areas when the
recreational season for the RCG Complex is open, there is a limit of 2
hooks and 1 line when fishing for the RCG complex. The bag limit is 10
RCG Complex fish per day coastwide, with a sub-bag limit of 4 fish for
vermilion rockfish, 1 fish for quillback rockfish, and 1 fish for
copper rockfish. These sub-bag limits count towards the bag limit for
the RCG Complex and are not in addition to that limit. Retention of
yelloweye rockfish, bronzespotted rockfish, and cowcod is prohibited.
Multi-day limits are authorized by a valid permit issued by California
and must not exceed the daily limit multiplied by the value of days in
the fishing trip.
(C) Size limits. The following size limits apply: cabezon may be no
smaller than 15 in (38 cm) total length; and kelp and other greenling
may be no smaller than 12 in (30 cm) total length.
(D) Dressing/filleting. Cabezon, kelp greenling, and rock greenling
taken in the recreational fishery may not be filleted at sea. Rockfish
skin may not be removed when filleting or otherwise dressing rockfish
taken in the recreational fishery.
* * * * *
[FR Doc. 2023-03889 Filed 2-28-23; 8:45 am]
BILLING CODE 3510-22-P