Magnuson-Stevens Act Provisions; Fisheries Off West Coast States; Pacific Coast Groundfish Fishery Management Plan; Amendment 29; 2021-2022 Biennial Specifications and Management Measures
| Published date | 02 September 2020 |
| Citation | 85 FR 54529 |
| Record Number | 2020-19414 |
| Section | Proposed rules |
| Court | National Oceanic And Atmospheric Administration |
Federal Register, Volume 85 Issue 171 (Wednesday, September 2, 2020)
[Federal Register Volume 85, Number 171 (Wednesday, September 2, 2020)]
[Proposed Rules]
[Pages 54529-54531]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-19414]
[[Page 54529]]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 660
RIN 0648-BJ74
Magnuson-Stevens Act Provisions; Fisheries Off West Coast States;
Pacific Coast Groundfish Fishery Management Plan; Amendment 29; 2021-
2022 Biennial Specifications and Management Measures
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Availability of a proposed fishery management plan amendment;
request for comments.
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SUMMARY: NMFS announces that the Pacific Fishery Management Council has
submitted Amendment 29 to the Pacific Coast Groundfish Fishery
Management Plan to the Secretary of Commerce for review. If approved,
Amendment 29 would reclassify shortbelly rockfish as an ecosystem
component species and would make changes to the trawl/non-trawl
allocations for blackgill rockfish within the southern slope complex
south of 40[deg]10' North latitude (N lat.), petrale sole, lingcod
south of 40[deg]10' N lat., and widow rockfish.
DATES: Comments on Amendment 29 must be received no later than November
2, 2020.
ADDRESSES: You may submit comments on this document, identified by
NOAA-NMFS-2020-0098, by any of the following methods:
Electronic Submission: Submit all electronic public
comments via the Federal e-Rulemaking Portal. Go to
www.regulations.gov/#!docketDetail;D=NOAA-NMFS-2020-0098, click the
``Comment Now!'' icon, complete the required fields, and enter or
attach your comments.
Mail: Submit written comments to Barry A. Thom., Regional
Administrator, 7600 Sand Point Way NE, Seattle, WA 98115.
Instructions: 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 by NMFS. All comments received are a part of the
public record and will generally be posted for public viewing on
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 will be publicly accessible. NMFS will accept anonymous
comments (enter ``N/A'' in the required fields if you wish to remain
anonymous).
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 including an integrated analysis
for this action (Analysis), which addresses the statutory requirements
of the Magnuson Stevens Fishery Conservation and Management Act
(Magnuson-Stevens Act), the National Environmental Policy Act,
Executive Order 12866, and the Regulatory Flexibility Act are available
at the NMFS West Coast Region website at https://www.fisheries.noaa.gov/region/west-coast and at the Pacific Fishery
Management Council's website at http://www.pcouncil.org. The final 2020
Stock Assessment and Fishery Evaluation (SAFE) report for Pacific Coast
groundfish, as well as the SAFE reports for previous years, are
available from the Pacific Fishery Management Council's website at
http://www.pcouncil.org.
FOR FURTHER INFORMATION CONTACT: Karen Palmigiano, telephone: (206)
526-4491 and email: [email protected].
SUPPLEMENTARY INFORMATION: NMFS manages the groundfish fisheries in the
exclusive economic zone (EEZ) off Washington, Oregon, and California
under the Pacific Coast Groundfish Fishery Management Plan (PCGFMP).
The Pacific Fishery Management Council (Council) prepared and NMFS
implemented the PCGFMP under the authority of the Magnuson-Stevens Act,
16 U.S.C. 1801 et seq. and by regulations at 50 CFR parts 600 and 660.
The Magnuson-Stevens Act requires that each regional fishery management
council submit any fishery management plan (FMP) or plan amendment it
prepares to NMFS for review and approval, disapproval, or partial
approval by the Secretary of Commerce. The Magnuson-Stevens Act also
requires that NMFS, upon receiving an FMP or amendment, immediately
publish a notice that the FMP or amendment is available for public
review and comment. This notice announces that proposed Amendment 29 to
the FMP is available for public review and comment. NMFS will consider
the public comments received during the comment period described above
in determining whether to approve, partially approve, or disapprove
Amendment 29 to the FMP.
Amendment 29 would make two changes to the PCGFMP. Amendment 29
would (1) reclassify shortbelly rockfish from a stock that requires
conservation and management (previously known as ``in the fishery'') to
an ecosystem component (EC) species; and (2) change the trawl/non-trawl
allocations for blackgill rockfish within the southern slope complex
south of 40[deg]10' N lat., petrale sole, lingcod south of 40[deg]10' N
lat., and widow rockfish.
Shortbelly Rockfish as an EC Species
Shortbelly rockfish (Sebastes jordani) is one of the most abundant
rockfish species and an important forage species in the California
Current Ecosystem. Shortbelly rockfish is not the target of any
fisheries and is mostly taken as bycatch in midwater trawl fisheries.
Unlike most harvested Pacific coast rockfishes (e.g., bocaccio and
cowcod), shortbelly rockfish are small-bodied, relatively short-lived
and semi-pelagic rockfish that school as adults. Shortbelly rockfish
recruitment is highly variable among years, causing populations to
undergo large ``booms and busts''. Historically, shortbelly rockfish
were most abundant off central California from Monterey Bay to Point
Reyes, common in southern California, and only rarely encountered north
of Cape Mendocino, California. In recent years, shortbelly rockfish
distribution has extended north of Cape Mendocino, California and into
Oregon and Washington waters, the principal fishing areas the midwater
trawl fishery operates in to harvest Pacific whiting. While shortbelly
rockfish bycatch was historically low in the Pacific whiting fishery,
the recent shift in distribution and a likely increase in abundance,
has resulted in increased bycatch of shortbelly rockfish in the Pacific
whiting midwater trawl fishery. See Chapter 4 of the Analysis for more
information on high bycatch of shortbelly rockfish in the Pacific
whiting fishery.
Shortbelly rockfish was last assessed in 2007. The assessment,
available on the Council's website at https://www.pcouncil.org/documents/2007/04/stock-assessment-model-for-theshortbelly-rockfish-sebastes-jordani-inthe-california-current.pdf/, estimated the
shortbelly rockfish stock to be 67 percent of unfished levels at the
start of 2005. The Analysis (Chapter 3) describes NMFS survey data
since the last assessment, including the Southwest Fisheries Science
Center's Rockfish Recruitment and Ecosystem Analysis Survey (RREAS) and
California
[[Page 54530]]
Cooperative Oceanic Fisheries Investigations (CalCOFI) and the
Northwest Fisheries Science Center's West Coast Groundfish Bottom Trawl
Survey, which provide more recent insight into the population trends of
shortbelly rockfish. These survey data show extraordinarily high
recruitment events occurred between 2013 and 2017, and provide evidence
that the overall shortbelly rockfish population was very high in 2018-
2019. The population size in southern California remains close to
average levels and suggests the shortbelly rockfish population did not
simply shift to northern waters. Increased encounters of shortbelly
rockfish in northern midwater trawl fisheries is likely the result of
increased recruitment and coastwide biomass coupled with an expansion
of its geographic range on the West Coast. In addition to examining
NMFS survey data for trends in shortbelly rockfish biomass and
distribution, the Analysis (Chapter 3) describes recent research by
Schroeder et al. 2018, which suggests that the shortbelly rockfish
stock is expected to thrive for at least the next decade or so based on
multiple strong incoming year-classes.
Shortbelly rockfish were initially considered for an EC species
categorization under Amendment 23 to the PCGFMP. Rather than
classifying shortbelly rockfish as an EC species, the Council chose to
recommend a very restrictive annual catch limit (ACL) of 50 mt, or less
than 1 percent of the acceptable biological catch (ABC), for the 2011-
2012 (76 FR 27508, May 11, 2011) and the 2013-2014 (78 FR 580, January
3, 2013) management cycles. The ACL was increased to 500 mt beginning
in 2015 to prevent unavoidable bycatch from prematurely shutting down
emerging mid-water trawl fisheries targeting yellowtail and widow
rockfish (80 FR 12567, March 10, 2015). At the time, the 500 mt ACL was
still less than 10 percent of the ABC and was a level of harvest meant
to accommodate unavoidable incidental bycatch of shortbelly rockfish
while allowing most of the harvestable surplus of the stock to be
available as forage for species in the California Current ecosystem.
The shortbelly rockfish ACL was exceeded in 2018 and 2019. Bycatch of
this stock was highly variable and unpredictable in the fishery. After
review of the best available scientific information, the ACL was
increased again to 3,000 mt in 2020 for the same reasons it was
increased in 2015 (85 FR 36803, June 18, 2020).
Section 4.2 of the PCGFMP defines species categories for stocks and
stocks complexes. The first three categories are identified for those
stocks that need conservation or management and for which the Council
sets biennial harvest specifications. The fourth category of species is
identified as EC species. These species are not determined to be in
need of conservation and management and therefore the Council and NMFS
do not actively manage them. EC species are not targeted in any fishery
and are not generally retained for sale or personal use.
Section 302(h)(1) of the Magnuson-Stevens Act requires a Council to
prepare an FMP for each fishery under its authority that is in need of
conservation and management. ``Conservation and management'' is defined
in section 3(5) of the Magnuson-Stevens Act. The National Standard
guidelines at Sec. 600.305(c) (revised on October 18, 2016; 81 FR
71858) provide direction for determining which stocks will require
conservation and management and provide direction to regional councils
and NMFS for how to consider these factors in making this
determination. Specifically, the guidelines direct regional fishery
management councils and NMFS to consider a non-exhaustive list of 10
factors when deciding whether stocks require conservation and
management. Below is a summary of information on shortbelly rockfish
related to those 10 factors. Section 4.2.3.2 in the Analysis provides
additional details on each of the 10 factors' relevance to shortbelly
rockfish.
One of the factors a Council must consider when determining whether
a stock requires conservation and management is whether maintaining it
as a target species will improve or maintain the condition of the
stock. The analysis shows that while shortbelly are currently
classified as ``in the fishery'' in the PCGFMP, there has been no
directed fishing for shortbelly rockfish and disincentives still exist
to prevent a directed fishery from developing, such as a lack of
market, the cost of having to land shortbelly versus the profits
(~$0.02 per pound), and the possibility of fouling the mesh (See
Section 4.1.1.5 of the Analysis for more information disincentives for
targeting shortbelly rockfish). Shortbelly rockfish is not considered
an important stock to commercial, recreational, or subsistence users,
as very little is ever caught. Shortbelly rockfish is also not an
important component of the regional or National economy and has limited
economic value with ex-vessel landings totaling about $11,000 in 2019.
There is no developing fishery for shortbelly rockfish in the EEZ off
of the West Coast. Because there is no directed fishing and incidental
fishing-related mortality has been low in comparison to the ABC, it is
very unlikely that catch would exceed the overfishing limit for
shortbelly rockfish, resulting in shortbelly rockfish becoming
overfished and in need of rebuilding. There are no known conservation
concerns for shortbelly rockfish since they are not targeted, are not
profitable, and future uses of shortbelly rockfish remain unavailable.
Therefore, maintaining shortbelly rockfish as a target species in the
PCGFMP is not likely to change stock condition.
Based on a review of the best scientific information available, and
after considering the National Standard guidelines, the Council
recommended and NMFS is proposing to reclassify shortbelly rockfish as
an EC species through Amendment 29 to the PCGFMP. While the Council
determined that shortbelly rockfish are not in need of conservation and
management as defined by the Magnuson-Stevens Act and the National
Standard guidelines, the Council and NMFS determined that there are
benefits to retaining shortbelly rockfish as an EC species complex in
the PCGFMP because they are a component of the ecosystem as prey
(forage fish). Additionally, the Council has adopted a list of
candidate stocks for assessment in 2023 for which shortbelly rockfish
is included. The Council will make a final decision on this candidate
list in June 2022. Amendment 29 would reclassify shortbelly rockfish as
an EC species in the PCGFMP to clarify that they are a non-target
species and not in need of conservation and management. Recordkeeping
and reporting requirements will be maintained to monitor the effects of
incidental catch of shortbelly in the groundfish fisheries.
Changes to Trawl and Non-Trawl Allocations
The Council also recommended changing some fixed allocations that
were originally established through Amendment 21 to the PCGFMP to 2-
year allocations, and revising the trawl/non-trawl percentages for
those allocations for blackgill rockfish within the southern slope
complex south of 40[deg]10' N lat., petrale sole, lingcod south of
40[deg]10'N lat., and widow rockfish. Table 1 provides the current
trawl/non-trawl allocation for these stocks as was implemented through
the 2019-20 biennium and the Council's recommended trawl/non-trawl
allocations for the 2021-22 biennium.
[[Page 54531]]
Table 1--Current and Proposed Trawl and Non-Trawl Allocations for Changes to the Trawl/Non-Trawl Allocations for Blackgill Rockfish Within the Southern
Slope Complex South of 40[deg]10' N lat., Petrale Sole, Lingcod South of 40[deg]10' N lat., and Widow Rockfish
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2020 2021-22 Biennium
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Stock Trawl allocation Non-trawl allocation Trawl allocation Non-trawl allocation
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MT Percent MT Percent MT Percent MT Percent
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Southern slope complex south 723.8 63 456 37 2021-Slope Blackgill (41%), 2021-Slope Blackgill
of 40[deg]10' N lat., (484.5), Other slope (47.9), (59%), Other
includes blackgill rockfish. blackgill rockfish (91%). blackgill slope rockfish
(72.4). (104.2). (9%).
2022-Slope 2022-Slope
(483.2), (47.8),
blackgill blackgill
(71.4). (102.7).
Petrale sole................. 2,458 95 129.4 5 Remaining Amount ................ 30 MT........... ...............
Lingcod south of 40[deg]10' N 462.5 45 565.2 55 435.6........... 40.............. 653.4........... 60.
lat.
Widow Rockfish............... 10,540.2 91 1,042.4 9 Remaining Amount ................ 400............. ...............
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Converting these allocations from fixed allocations to 2-year
allocations would allow the Council to review and potentially revise
them during each biennium. The changes to trawl and non-trawl
allocations are expected to better align current catch with annual
limits that maximize benefits to sectors while also under attainment of
stocks that can occur when a sector is allocated more than they can
harvest. The effects of each of these changes is discussed in Chapter 4
of the Analysis under the specific stock or stock complex.
NMFS welcomes comments on the proposed FMP amendment through the
end of the comment period. A proposed rule to implement Amendment 29
has been submitted for Secretarial review and approval. NMFS expects to
publish and request public review and comment on proposed regulations
to implement Amendment 29 in the near future. For public comments on
the proposed rule to be considered in the approval or disapproval
decision on Amendment 29, those comments must be received by the end of
the comment period on the amendment. All comments received by the end
of the comment period for the amendment, whether specifically directed
to the amendment or the proposed rule, will be considered in the
approval/disapproval decision.
Authority: 16 U.S.C. 1801 et seq.
Dated: August 28, 2020.
Kelly Denit,
Director, Office of Sustainable Fisheries, National Marine Fisheries
Service.
[FR Doc. 2020-19414 Filed 9-1-20; 8:45 am]
BILLING CODE 3510-22-P
