November 2020 Decision Summary Document

November 13, 16-20, 2020

Council Meeting Decision Summary Documents are highlights of significant decisions made at Council meetings.  Results of agenda items that do not reach a level of highlight significance are typically not described in the Decision Summary Document.  For a more detailed account of Council meeting discussions, see the Council meeting record and transcripts or the Council newsletter.

Habitat Issues

Current Habitat Issues

The Council directed staff to develop a comment letter to the Department of Commerce on its proposal for Aquaculture Opportunity Areas and seek Council approval through the Quick Response procedure.

Pacific Halibut Management

2021 Catch Sharing Plan and Annual Regulations – Final Action

The Council adopted final changes to the 2021 Catch Sharing Plan and annual fishing regulations consistent with the recommendations on recreational fisheries provided by California Department of Fish and Wildlife, Washington Department of Fish and Wildlife, Oregon Department of Fish and Wildlife, including the recommendation for use of longleader gear on the same trip during all-depth halibut fishing in Oregon.

Transition of Area 2A Fishery Management – Final Action

The Council adopted the following final preferred alternatives, as described in the Updated Range of Alternatives, to transfer management of the Area 2A directed halibut fishery from the International Pacific Halibut Commission to National Marine Fisheries Service (NMFS) and the Council:

4.1.2 Alternative 2: Consider the directed fishery framework during the Catch Sharing Plan process in September and November; include any guidance for vessel limits and inseason changes for NMFS implementation.

4.2.1 Alternative 2: Issue permits for all Area 2A halibut fisheries: commercial-directed, incidental salmon troll, incidental sablefish, and recreational charter halibut fisheries.

4.2.2 Alternative 2: Allow NMFS to determine the appropriate application deadlines for all commercial halibut applications, set to accommodate Council meetings and NMFS processing time.

4.2.5 Alternative 1: Status quo (revised). Require proof of permit to be onboard fishing vessel and made readily available upon request, regardless of the type of permit (e.g., paper or electronic). NMFS to provide access to permit in a printable format or send paper copy directly to the participant.

Non-Indian Commercial-Directed Fishery Regulations for 2021

The Council recommended a season structure for the 2021 Area 2A non-tribal directed halibut fishery that includes a 58-hour fishing period beginning at 8 AM on Tuesday June 22 and ending at 6 PM on Thursday, June 24.  If the halibut limit has not been attained in the first period, an additional 58-hour fishing period will be announced beginning Tuesday, July 6 and ending at 6 PM July 8, two weeks after the first period. Fishing period openings will continue in this manner until the halibut limit for the Area 2A non-treaty directed commercial fishery is taken or November 15, whichever comes first. This recommendation will be forwarded to the International Pacific Halibut Commission for consideration.

 Salmon Management 

2021 Preseason Management Schedule

The Council approved the 2021 salmon management schedule including the tentative dates and locations for public hearings.  However, it is anticipated that all of the meetings and hearings will be conducted by webinar.

Southern Resident Killer Whale Endangered Species Act Consultation – Final Action 

The Council adopted a final preferred alternative to address the effect of Council-area ocean salmon fisheries on the Chinook salmon prey base of Southern Resident Killer Whales.

The Council adopted the arithmetic mean of the seven lowest years of pre-fishing Chinook salmon abundance in the area North of Cape Falcon (1994-1996, 1998-2000, and 2007, currently estimated at 966,000) as a management threshold.   

When a year’s preseason abundance projection falls below the established threshold, the following management actions will be implemented through annual regulations:

  • Reduce quotas for non-treaty fisheries North of Falcon to not exceed the value generated by a regression analysis of historic time-step 1 Chinook abundance and non-treaty Chinook quotas.
  • No more than 50 percent of the non-treaty commercial troll Chinook salmon quota will be assigned to the spring (May-June) period.
  • Close the expanded area of the Columbia River control zone as described to salmon retention from the start of non-treaty ocean salmon fisheries until June 15.
  • Close the Grays Harbor control zone to salmon retention from the start of non-treaty ocean salmon fisheries until June 15.
  • Delay the start of the commercial troll fishery between Cape Falcon and the Oregon/California border until April 1.
  • Close the Oregon and California waters of the Klamath Management Zone to commercial and recreational salmon fisheries from October 1 through March 31 of the following year.
  • Increase the duration of the Klamath Control Zone area expansion beginning September 1 through March 31 of the following year.
  • Close commercial and recreational salmon fisheries in the Monterey management area from October 1 through March 31 of the following year.

The Council also scheduled future consideration of recommendations to re-evaluate conservation objectives for  Sacramento River fall Chinook and Klamath River fall Chinook and to develop an age-structured stock assessment for Sacramento River fall Chinook, when feasible.

Southern Oregon/Northern California Coast Coho Endangered Species Act (ESA) Consultation 

The Council reviewed an update on progress towards developing a new harvest control rule for Southern Oregon/Northern California Coast coho stocks listed under the ESA, including a summary of available data, a description of the proposed risk assessment methods, and a review of a preliminary range of harvest control rules.  The Council commended the efforts to date and requested that future work consider environmental variables as harvest control rules are further developed.  The Council will receive an update at its April 2021 meeting and is scheduled to adopt a range of alternatives at its June 2021 meeting.

Groundfish Management 

Gear Switching for Sablefish in the Trawl Catch Share Fishery

The Council decided to defer selection of a range of action alternatives to limit gear switching in the shorebased trawl IFQ program and instead,  asked for analysis to help identify a maximum level of gear switching that would be allowed.  That analysis will evaluate gear switching levels of zero (no gear switching), 12 percent, 20 percent, 33 percent, and the continuation of unrestricted gear switching.  The Council is tentatively scheduled to identify a maximum gear switching level at its April 2021 meeting before evaluating action alternatives that would limit the fishery to that maximum and select a range of alternatives at the June 2021 Council meeting.  

NMFS Report on Groundfish (Cost Recovery Related Issues)

The Council received a report from NMFS that included a statement of its intent to proceed with a modification to cost recovery regulations to specify that cost recovery from the at-sea fleet would be based on whiting catch, rather than all species delivered.  The Council will make a final recommendation on this change under the cost recovery agenda item at its April 2021 meetings.  Also related to cost recovery, at its March 2021 meeting the Council will consider prioritizing its Cost Recovery Committee to work with NMFS in evaluating the implementation of the cost recovery program.

Inseason Adjustments for 2020 and 2021 Including Pacific Whiting Set-Asides for 2021 – Final Action

The Council considered inseason adjustments to the 2020 and 2021 groundfish management measures. The Council did not recommend any changes for the remainder of 2020, but adopted the following inseason adjustments for 2021:

  • Sablefish north of 36° North latitude (N. lat.) daily trip limit
    • Limited Entry Fixed Gear (LEFG): No adjustment
    • Open Access (OA): 600 lbs / day, or 1 landing per week of up to 2,000 lbs, not to exceed 4,000 lbs /2 months
  • Sablefish south of 36° N. lat. daily trip limit
    • LEFG: 2,500 lbs per week
    • OA: 2,000 lbs. per week, not to exceed 6,000 lbs / 2 months
  • Lingcod south of 40° 10′ N. lat. trip limits in 2021:
    • LEFG at 1,600 lbs / 2 months
    • OA at 700 lbs / month
  • Shortspine and longspine thornyhead south of 34° 27′ N. lat. in 2021:
    • OA daily trip limit of 100 lbs / day and not more than 1,000 lbs / 2 months

Additionally, the Council recommended reducing the 2021 Pacific whiting set-aside for research activities and the pink shrimp fishery from 1,500 mt to 750 mt.

Sablefish Management Strategy Evaluation Update 

The Council received a briefing on an international initiative to develop a spatially explicit management strategy evaluation (MSE) of sablefish across its range in the Northeast Pacific.  The Council recommended a workshop in the spring of 2021 engaging west coast stakeholders to determine alternative management strategies and management performance metrics to be analyzed in the MSE.  The Council recommended a future workshop be planned to engage stakeholders from all the jurisdictions that manage sablefish from Alaska, British Columbia, and the west coast to better understand how regional management strategies informed by regional assessments affect the stock throughout its range. 

Assessment Methodology Review – Final Action 

The Council adopted the length-based assessment methods and language in the Terms of Reference for Groundfish and Coastal Pelagic Species Stock Assessment Review Process for 2021-2022 pertaining to length-based assessments endorsed by the Scientific and Statistical Committee.  These methods are anticipated to be used to assess spiny dogfish, copper rockfish, quillback rockfish, and squarespot rockfish in 2021.

Coastal Pelagic Species Management

Preliminary Review of New Exempted Fishing Permits for 2021 

The Council approved three exempted fishing permit (EFP) proposals for public review: two that addressed biological sampling of ongoing EFPs, and one that addressed aerial survey point sets. The Council is scheduled to make its final EFP recommendations at the April 2021 meeting. 

Methodology Review Topic Selection 

The Council directed Council staff to review Council Operating Procedure 26 on CPS methodology reviews, to discuss targeted process improvements with other relevant advisory bodies, and to provide suggested revisions for consideration at the April 2021 Council meeting.

Comments on Court Ordered Rulemaking on Harvest Specifications for the Central Subpopulation of Northern Anchovy 

The Council was briefed on the proposed rule for harvest levels on the central subpopulation of northern anchovy. The publication date of the proposed rule did not allow for adequate review by the Council and its Advisory Bodies; therefore, the Council declined to submit comments to NMFS during the public comment period. 

Highly Migratory Species Management

NMFS Report

The Council was briefed by NMFS on several aspects of its final preferred alternative (FPA) for the deep-set buoy gear limited entry program that require clarification. The Council tasked the Highly Migratory Species Management Team (HMSMT), in consultation with the HMS Advisory Subpanel (HMSAS), with investigating these issues and identifying options to revise these elements for implementation. The Council would consider modifications to its FPA at its March 2021 meeting.

Recommend International Management Activities

The Council recommended a trip limit regime for Pacific bluefin tuna (PBF) fisheries premised on the Inter-American Tropical Tuna Commission adopting a resolution setting a 425 mt PBF catch limit for the U.S. in 2021. The current pre-trip notification requirement would be eliminated while the current requirement that electronic fish tickets be submitted within 24-hours of the landing would be maintained. Trip limits would be as follows:

Set an Initial trip limit of 20 mt 

  • During the first quarter (January 1 – March 31) – The catch limit is reduced to 15 mt when annual landings reach 250 mt. The trip limit is then reduced to 2 mt when annual landings reach 325 mt.
  • During the second quarter (April 1 – June 30) – The catch limit is reduced to 15 mt when annual landings reach 275 mt. The trip limit is then reduced to 2 mt when annual landings reach 350 mt.
  • During the third quarter (July 1 – September 30) – The catch limit is reduced to 15 mt when annual landings reach 300 mt. The trip limit is then reduced to 2 mt when annual landings reach 375 mt.
  • During the fourth quarter (October 1 – December 31) – The catch limit is reduced to 15 mt when annual landings reach 325 mt. The trip limit is then reduced to 2 mt when annual landings reach 375 mt.

Biennial Harvest Specifications and Management Measures

The Council directed its SSC to work with NMFS, and in consultation with IATTC scientific staff, to review stock status determination criteria (SDC) proxies for Eastern Pacific Ocean yellowfin and bigeye tunas and make recommendations for the Council to consider in March 2021. Over the long term the SSC could recommend standardized methods for identifying SDC for stock assessments that use a probabilistic framework, as is the case with the two aforementioned stocks. 

Drift Gillnet Fishery Hard Caps Update

The Council received a report from NMFS on implementation of hard cap regulations for the California large mesh drift gillnet fishery. It tasked the HMSMT and HMSAS with developing potential options for clarifying the Purpose and Need for this action and to develop alternative hard cap approaches that address NMFS’ concerns regarding potential negative economic impacts. Any such alternatives must still meet the Council’s goal to incentivize fishing behavior that minimizes bycatch.  The Council will consider these issues at its June 2021 meeting.

Administrative Matters

Legislative Matters

The Council directed staff to track the Ocean-Based Climate Solutions Act and any related executive orders issued by the Biden Administration, in preparation for responding to any forthcoming requests for Council comment.

Fiscal Matters 

The Council approved a 2021 Provisional Budget of $5,006,455 for use beginning January 1, and recommended tentatively scheduling a Budget Committee meeting in April 2021. 

Membership Appointments and Council Operating Procedures

The National Marine Fisheries Service (NMFS) appointed Mr. Lyle Enriquez as a Council designee for the agency.

The Council directed Council staff to send a letter to the Secretary of State to request the Presidential appointment of Ms. Christa Svensson as the Council’s Appointed Commissioner to the Western and Central Pacific Fisheries Commission (WCPFC) replacing Ms. Dorothy Lowman who plans to resign her appointment following the WCPFC annual meeting in December.  

The Council appointed Ms. Heather Hall as an alternate representative to the International Pacific Halibut Commission (IPHC).

The Council made the following appointments to advisory bodies.

Coastal Pelagic Species Advisory Subpanel

  • Ms. Anna Weinstein was appointed to the conservation position on the Coastal Pelagic Species Advisory Subpanel formerly held by Ms. Gillian Lyons.

Groundfish Management Team

  • Ms. Gretchen Hanshew and Mr. Daniel Studt were appointed to the two NMFS West Coast Region positions formerly held by Ms. Abigail Harley and Ms. Karen Palmigiano,
  • Ms. Katherine Pierson was appointed to the Oregon Department of Fish and Wildlife position formerly held by Mr. Patrick Mirick, and
  • Dr. Chantel Wetzel was appointed to the vacant Northwest Fisheries Science Center position.

Groundfish Endangered Species Workgroup

  • Mr. Scott Benson was appointed to the Sea Turtle Taxa position formerly held by Dr. Tomo Eguchi, and
  • Ms. Lynn Mattes was appointed to the vacant Oregon Department of Fish and Wildlife position in addition to her continuing service on the GMT.

Ad Hoc Groundfish Electronic Monitoring Committees

  • In consultation with the Council, Chair Gorelnik appointed Mr. Andrew Torres to replace Mr. Brian Corrigan as the NMFS Office of Law Enforcement representative on the Technical Advisory Committee and appointed Mr. Mike Orcutt of Archipelago to replace Mr. Howard McElderry on the Policy Advisory Committee.

Additionally, the Council tasked Council staff with reviewing the Council Operating Procedures pertaining to exempted fishing permit and methodology reviews and to evaluate a proposal for a new advisory body focused on marine planning and offshore development issues.

Climate and Communities Initiative climate change scenarios

The Council developed four scenarios to explore the implications of climate change to 2040 in the California Current Ecosystem. These scenarios were used in a series of four regionally-focused workshops conducted between mid-December 2020 to early February 2021. 

First, you should view this 10-minute video that will give you a high-level view of the scenario planning process and the four scenarios

Second, read this preface document. It provides a brief introduction to the scenarios.

Preface: scenarios for West Coast Fisheries 2040

PRELIMINARY DRAFT NOVEMBER 2020 MOTIONS IN WRITING

Cautionary Note — These preliminary motions do not represent the final official administrative record. The motions and amendments contained in this blog are as projected on the screen at the Council meeting at the time of the Council vote and often use expedited language and references without the benefit of any final editing or proofing. They may use short-hand language or abbreviations that may not be clear without the context of verbal comments and clarifications made during their development at the meeting, or may contain inadvertent transposition errors. They have not been approved by the Council to represent the final official record of Council action. The final official record will be posted on the Council website after the Council approves the full meeting record at a future Council meeting.

Climate change scenario planning online workshops

The Council conducted four regionally-focused online workshops as part of its Fishery Ecosystem Plan Climate and Communities Initiative from mid-December 2020 to early February 2021. Based on four climate change scenarios developed in 2020, workshop participants identified specific challenges that could be faced by West Coast fisheries, fishing communities, fishery managers, and scientists in these regions. Participants also identified potential actions that the Council and other stakeholders could take to respond to the effects of climate change in the California Current Ecosystem. The results of these workshops will be reported to the Council in March 2021.

Generic workshop agenda

Workshop recordings and worksheets

Recordings of the workshops are available below, or on the Council’s YouTube page. Worksheets recording ideas generated during workshop sessions also can be downloaded below.

Southern California region (December 16-17, 2020)

Northern California region (January 13-14, 2021)

Washington region (January 20-21, 2021)

Oregon region (February 2-3, 2021)

COVID-19 fisheries assistance

NOTE: The Council does not administer fisheries assistance for COVID-19. Please see the links below for resources, or contact the Pacific States Marine Fisheries Commission.

Recent news

Pacific States Marine Fisheries Commission role

The Pacific States Marine Fisheries Commission (PSMFC) is working collaboratively with National Marine Fisheries Service to distribute the funds appropriated by Congress for various fishery disasters. Currently, NMFS has requested the Commission administer the fishery disaster programs.

The Coronavirus Aid Relief and Economic Security (CARES) Act identified $300 million for fisheries and aquaculture. The PSMFC has been notified by the Department of Commerce that they will be assisting fishery participants affected by COVID-19 in multiple states, territories, and West Coast Tribes.

The distribution of funds will be determined by the states, territories, and tribes. As details become available, PSMFC will update their website.

Applications are not available at this time. If you have questions please call 877-695-3457 or email fishdisaster@psmfc.org.

State resources

A state-by-state guide to COVID-19 resources (useful!)

Federal guidance for small businesses, including information on the Economic Injury Disaster Loan Program:

Call for data and information – Essential Fish Habitat Review for Coastal Pelagic Species

The Pacific Fishery Management Council, National Marine Fisheries Service (NMFS), and the NOAA Southwest Fisheries Science Center have initiated a review of essential fish habitat (EFH) provisions in the Coastal Pelagic Species (CPS) Fishery Management Plan (FMP).  This call for data and information is intended to support the review.  Information and data sources can include published scientific literature, unpublished scientific reports, information from interested parties, and previously unavailable or inaccessible data. 

The current CPS FMP can be found on our CPS FMP webpage, and the EFH provisions can be found in appendix D of Amendment 8 (scroll to Appendix D, page 373 of PDF document).  The CPS FMP includes the following species:

  • Pacific sardine
  • Northern anchovy (northern and southern subpopulations)
  • Pacific mackerel
  • Jack mackerel
  • Market squid
  • Krill (Euphausid species)

Fishery management plans are required to identify and describe EFH for each life stage and species, identify and minimize impacts from fishing and non-fishing activities, and identify research needs, among other requirements.  A complete description of EFH provisions to be included in FMPs can be found in the EFH regulatory guidance at 50 CFR§600.815(a).  Information and data should be relevant to:

  • The habitat needs, associations, distribution (including maps), and major prey items of FMP species listed above
  • Adverse impacts on EFH from fishing activities and potential minimization measures
  • Adverse impacts on EFH from non-fishing activities and potential minimization measures
  • Cumulative impacts on CPS EFH from both fishing and non-fishing activities
  • Measures to conserve and enhance EFH for CPS
  • Potential habitat areas of particular concern (HAPC)
  • Research and information needs

Information relevant to the CPS EFH review should be submitted to Emmanis Dorval (emmanis.dorval@noaa.gov) no later than Monday November 30th, 2020.  For further information or assistance with submitting large files, please contact Kerry Griffin (kerry.griffin@noaa.gov; 503-820-2409). 

NOAA Fisheries announces emergency action to temporarily extend the primary sablefish fishery season

Published in the Federal Register October 27, 2020: Emergency rule to temporarily extend the 2020 sablefish primary fishery from October 31, 2020 to December 31, 2020. This action is necessary to provide operational flexibility so that vessels in the sablefish primary fishery are able to fully harvest their tier limits despite high economic uncertainty in 2020. This action would also extend the incidental halibut retention allowance provision for the sablefish primary fishery from October 31, 2020 to November 15, 2020 and set the halibut retention limit during this time period at 250 pounds (113 kilograms) dressed weight of Pacific halibut for every 1,000 pounds (454 kilograms) dressed weight of sablefish landed and up to 2 additional Pacific halibut in excess of the 250-pounds-per-1,000-pound limit per landing.

For further information, including how to comment on the emergency rule, please see the Federal Register October 27, 2020.

Request for comments: proposed rule for salmon bycatch minimization measures in the Pacific Coast groundfish fishery

NOAA Fisheries announces a proposed rule to implement measures to minimize incidental take of Endangered Species Act-listed salmon by vessels in the Pacific coast groundfish fishery. The proposed rule will publish tomorrow, October 20, 2020 in the Federal Register. The pre-publication version of the proposed rule is available for public inspection. When the proposed rule publishes, it will be available at the same link.

Public comments on the proposed rule must be received by November 19, 2020.

The proposed rule would:

  1. Establish additional management tools to minimize incidental Chinook and coho salmon bycatch to keep fishery sectors within guidelines;
  2. Establish rules to allow industry to access the Chinook salmon bycatch reserve; and
  3. Create Chinook salmon bycatch closure thresholds for the trawl fishery.

This proposed rule fulfills the terms and conditions of a 2017 NOAA Fisheries Biological Opinion. This proposed rule is intended to promote the goals and objectives of the Magnuson-Stevens Fishery Conservation and Management Act, the Pacific Coast Groundfish Fishery Management Plan, and other applicable laws, including the Endangered Species Act.

Please see the NOAA Fisheries webpage for additional details and other supporting information. For Information Contact: Brian Hooper (206) 526-6117 brian.hooper@noaa.gov