[Federal Register Volume 88, Number 167 (Wednesday, August 30, 2023)]
[Proposed Rules]
[Pages 59838-59863]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-18411]
[[Page 59838]]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Parts 300 and 660
[Docket No. 230822-0203]
RIN 0648-BM28
Magnuson-Stevens Act Provisions; Fisheries off West Coast States;
Pacific Coast Groundfish Fishery; Pacific Coast Groundfish Fishery
Management Plan; Amendment 32
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Proposed rule; notice of availability of a draft environmental
assessment; request for comments.
-----------------------------------------------------------------------
SUMMARY: This action proposes regulations that would implement
Amendment 32 to the Pacific Coast Groundfish Fishery Management Plan.
The proposed regulations include a suite of changes to non-trawl area
management measures seaward of California and Oregon. Specifically,
NMFS proposes to: allow increased fishing access with specific gear
types to the Non-Trawl Rockfish Conservation Area for the commercial
groundfish limited entry fixed gear sector and vessels that gear switch
under the Trawl Individual Fishing Quota program; modify gear
restrictions in the Non-Trawl Rockfish Conservation Area for all non-
trawl commercial groundfish sectors; move the seaward boundary of the
Non-Trawl Rockfish Conservation Area to 75 fathoms (137 meters) for all
non-trawl commercial groundfish sectors and the directed commercial
Pacific halibut fishery; create new Groundfish Conservation Areas,
including new Yelloweye Rockfish Conservation Areas seaward of Oregon
and Groundfish Exclusion Areas seaward of Southern California; create
new Essential Fish Habitat Conservation Areas off Oregon; remove the
Cowcod Conservation Area seaward of Southern California for all
groundfish commercial and recreational non-trawl sectors, and enable
the use of Block Area Closures to control the catch of groundfish for
all commercial non-trawl sectors. The purpose of Amendment 32 is to
provide fishing access to healthy groundfish stocks for non-trawl
groundfish fisheries and the directed commercial halibut fishery while
still meeting the conservation objectives of the Pacific Coast
Groundfish Fishery Management Plan. NMFS also announces the
availability of a draft Environmental Assessment that analyzes the
potential effects of the associated proposed rule. In addition, this
action proposes minor administrative regulatory revisions which would
correct the name of the Cordell Bank Groundfish Conservation Area,
amend the description of the Cordell Bank Groundfish Conservation Area,
add new regulatory definitions for different types of fishing bait, and
add new exemptions to Vessel Monitoring System reporting requirements.
DATES: Comments on this proposed rule and draft Environmental
Assessment must be received on or before September 29, 2023.
ADDRESSES: You may submit comments on this document, identified by
NOAA-NMFS-2023-0051, by the following method:
Electronic Submission: Submit all electronic public
comments via the Federal e-Rulemaking Portal. Go to https://www.regulations.gov and enter NOAA-NMFS-2023-0051 in the Search box.
Click on the ``Comment'' icon, complete the required fields, and enter
or attach your comments.
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
Information relevant to Amendment 32, which includes a draft
Environmental Assessment, a Regulatory Impact Review, a Regulatory
Flexibility Act analysis and a Magnuson Stevens Fishery Conservation
and Management Act (Magnuson-Stevens Act) analysis (all referred to
hereafter as Analysis), are accessible via the internet at the NMFS
West Coast Region website at: https://www.fisheries.noaa.gov/west-coast/laws-and-policies/west-coast-region-national-environmental-policy-act-documents.
FOR FURTHER INFORMATION CONTACT: Lynn Massey, phone: 562-900-2060, or
email: [email protected]
SUPPLEMENTARY INFORMATION: The Pacific Coast Groundfish fishery in the
U.S. exclusive economic zone (EEZ) seaward of Washington, Oregon, and
California is managed under the Pacific Coast Groundfish Fishery
Management Plan (FMP). The Pacific Fishery Management Council (Council)
developed the Pacific Coast Groundfish FMP pursuant to the Magnuson-
Stevens Act, 16 U.S.C. 1801 et seq. The Secretary of Commerce approved
the Pacific Coast Groundfish FMP and implemented the provisions of the
plan through federal regulations at 50 CFR part 660, subparts C through
G. Species managed under the Pacific Coast Groundfish FMP include more
than 90 species of roundfish, flatfish, rockfish, sharks, and skates.
This rule would implement regulations for Amendment 32 to the
Pacific Coast Groundfish FMP (also referred to interchangeably as
``this action''). Consistent with MSA Section 303(c)(1), the Council
deemed the proposed regulations consistent with and necessary to
implement Amendment 32 in a July 21, 2023 letter from Council Chairman
Merrick Burden to Regional Administrator Jennifer Quan. The Notice of
Availability for Amendment 32 that published on August 2, 2023 (88 FR
50830) describes FMP changes in, and requests comments on, Amendment 32
In addition to proposing changes to the regulations at 50 CFR part
300 and part 660 to implement Amendment 32, this proposed rule also
proposes minor, clarifying and administrative revisions to the
regulations in part660. These administrative changes would correct the
name of the Cordell Bank Groundfish Conservation Area (Cordell Bank
GCA), amend the description of the Cordell Bank GCA, add new regulatory
definitions for different types of fishing bait, and add new exemptions
to Vessel Monitoring System (VMS) reporting requirements.
Background
In the early 2000s, several types of groundfish conservation areas
(GCAs), defined at Sec. 660.11, were implemented (as part of FMP
Amendment 16-3) to protect overfished groundfish species off the U.S.
West Coast; this includes the coastwide Non-Trawl Rockfish Conservation
Area (Non-Trawl RCA) (68 FR 907, January 7, 2003), and the Cowcod
Conservation Areas (CCAs) (66 FR 2338, January 11, 2001)) in the
Southern California Bight. With the rebuilt status of almost all of
these groundfish species (the exception being yelloweye rockfish, which
is projected to rebuild by 2029), the Council has been prioritizing
increased fishing access to these areas for groundfish non-trawl
fisheries (i.e., the directed open
[[Page 59839]]
access sector, the California recreational sector, the limited entry
fixed gear (LEFG) sector, and vessels that use non-trawl gear under the
Trawl Individual Fishing Quota (IFQ) Program). In November 2019, the
Council directed the Groundfish Advisory Subpanel (GAP) to develop the
scope of action and draft a purpose and need statement for non-trawl
area management modifications during the GAP's March and April 2020
meetings. The GAP then submitted an informational report (see
Informational Report 4 in the June 2020 briefing book at pcouncil.org)
for Council consideration and scheduling of further scoping of the
issues. In April 2021, the Council initiated a scoping process to
address modifying Non-Trawl RCA catch restrictions and boundaries (see
Agenda Item F.3, Attachment 2 in the April 2021 briefing book at
pcouncil.org). In November 2021 and April 2022, the Council further
refined the range of alternatives, which included expanding the action
to include changes to the CCA (both the Eastern CCA and the Western
CCA) seaward of California, consideration of new closed areas (i.e.,
Groundfish Exclusion Areas (GEAs) and Yelloweye Rockfish Conservation
Areas (YRCAs)), and changes to Essential Fish Habitat Conservation
Areas (EFHCAs) that would be partially exposed to fishing activity
under the alternatives. The Council selected a preliminary preferred
range of alternatives at their September 2022 meeting and selected a
final range of alternatives at their March 2023 meeting. More details
on how the range of alternatives evolved through this process is
provided in the Analysis (see ADDRESSES). The Council's resulting final
preferred alternative constitutes Amendment 32 to the Pacific Coast
Groundfish FMP. Amendment 32 and its implementing regulations included
in this proposed rule would provide additional fishing opportunity in
these closures through a suite of modifications to GCA boundaries, gear
specifications, and catch restrictions, while continuing to rebuild
yelloweye rockfish and mitigate fishing impacts to sensitive habitats.
Revisions to Non-Trawl Rockfish Conservation Area Management Measures
Boundary Modifications
The Non-Trawl RCA is a coastwide, contiguous area bounded by
specific latitude and longitude coordinates that approximate depth
contours along the West Coast continental shelf and around select
islands off Southern California. Non-Trawl RCA boundaries are not
consistent along the coast; they vary by management area (i.e., the
shoreward and seaward boundaries are shallower or deeper, depending on
latitude). The Non-Trawl RCA prohibits almost all commercial non-tribal
directed groundfish fishing with non-trawl gear, and also applies to
the non-tribal directed commercial halibut fishery (see 50 CFR
300.63(e)(1)).
The seaward boundary of the Non-Trawl RCA approximates the 100
fathom (fm, 183 meters (m)) depth contour seaward of Oregon and the 100
(183 m) or 125 fm (229 m) depth contour seaward of California,
depending on latitude (see Tables 2 North and South of subpart E and
Tables 3 North and South to subpart F). The implementing regulations
for Amendment 32 as included in this proposed rule would move the
seaward boundary of the Non-Trawl RCA in to the depth contour that
approximates 75 fm (137 m) seaward off both Oregon and California,
which would open up approximately 2,411 square miles (sq mi, 6,244
square kilometers (sq km)) to all non-trawl commercial groundfish
sectors and the non-tribal directed commercial Pacific halibut fishery.
Adjusting the Non-Trawl RCA boundary for both the commercial non-tribal
directed groundfish and halibut fisheries would reduce enforcement
complexity and provide additional fishing opportunity. The Non-Trawl
RCA boundaries in the Southern California Bight (south of 34[deg]27' N
lat.) would not change, as the 75-100 fm (137-183 m) depth range is
already open in this area.
Catch Restriction Modifications
The final rule for the 2023-24 Groundfish Harvest Specification and
Management Measures action (87 FR 77007, December 16, 2022) authorized
the use of two new hook-and-line gear configurations for use inside the
Non-Trawl RCA by the directed open access sector as defined at Sec.
660.11. These two new gear configurations included stationary vertical
jig gear (see Sec. 660.330(b)(3)(i)) and groundfish troll gear (see
Sec. 660.330(b)(3)(ii)). The implementing regulations for Amendment 32
as included in this proposed rule would allow vessels participating in
the LEFG sector and vessels that use non-trawl gear under the Trawl IFQ
program (i.e., ``IFQ gear switchers'') to fish with these gear types
under their respective catch limits rather than under open access trip
limits. In other words, LEFG vessels could fish inside the Non-Trawl
RCA pursuant to their higher trip limits listed in subpart E Tables 1
North and South, and IFQ gear switchers could fish inside the Non-Trawl
RCA under their quota pounds. Vessels would be required to make an
appropriate declaration (specified at Sec. 660.13(d)) that corresponds
to their respective sector and the chosen gear type (i.e., either
stationary vertical jig gear or groundfish troll gear). On a fishing
trip where any fishing would occur inside the Non-Trawl RCA, only one
type of non-bottom contact gear would be permitted to be carried on
board, and no other fishing gear of any type could be carried on board
or stowed during that trip. The vessel would be allowed to 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) is filed with
NMFS' Office of Law Enforcement (OLE). Crossover provisions at Sec.
660.60(h)(7)(ii) would not apply for the two Non-Trawl RCA gear types
(i.e., stationary vertical jig gear and groundfish troll gear). Access
to these higher trip limits would increase fishing opportunity and
provide operational flexibility for these vessels.
Gear Modifications
The two new hook-and-line gear configurations authorized as part of
the 2023-24 Groundfish Harvest Specification and Management Measures
action (87 FR 77007, December 16, 2022) were implemented along with a
suite of gear specifications intended to minimize yelloweye rockfish
bycatch and seabird interactions. For the stationary vertical jig gear,
currently fishermen must have a minimum of 50 feet (15 m) between the
bottom weight and the lowest fishing hook to ensure that fishing
activity is occurring off the bottom (see Sec. 660.330(b)(3)(i)(A)).
In addition, currently only artificial bait is permitted; natural bait
is prohibited (see Sec. 660.330(b)(3)(i)(D)). The proposed regulations
for Amendment 32 would modify these gear restrictions to instead allow
a minimum of 30 feet (9 m) between the bottom weight and the lowest
fishing hook, and allow the use of natural bait. These changes are
expected to increase catch of underutilized stocks, while continuing to
mitigate catch of rebuilding stocks. No changes in gear modifications
are being proposed for the groundfish troll gear configuration.
Fishermen must continue to have a minimum of 50 feet (15 m) between the
bottom weight and the lowest fishing hook, and are still required to
use artificial bait with groundfish troll gear.
[[Page 59840]]
Revisions to Cowcod Conservation Area Management Measures
The CCA was implemented in 2001 to reduce the bycatch of overfished
cowcod (66 FR 2338, January 11, 2001), which was declared rebuilt in
2019. Within the CCA, which is comprised of the Western and Eastern
CCAs, groundfish fishing by all commercial and recreational groundfish
fisheries, including those that use both trawl and non-trawl gear, is
prohibited. Amendment 32 and its implementing regulations included in
this proposed rule would remove the CCA restrictions for all groundfish
non-trawl fisheries, which would open up approximately 4,663 sq mi
(12,077 sq km) to all non-trawl commercial groundfish sectors. The CCA
would remain in place for groundfish trawl fisheries, as the scope of
the Council's action only considered non-trawl sectors. The purpose of
this change is to provide fishing opportunity in this area given the
cowcod fishery has been declared rebuilt. Non-trawl fishing is
currently allowed shoreward of the 40 fm (73 m) lines around the
islands and banks within the current boundaries of the CCA. With the
removal of the CCA restrictions, the 40 fm (73 m) restriction would no
longer be in place (i.e., vessels could operate anywhere in the area,
subject to pre-existing area closures). Eight new closures would be
enacted in the former boundaries of the CCAs for non-trawl groundfish
commercial and recreational fisheries (see the next section on
Groundfish Exclusion Areas).
The Council recommended defining new fathom lines around islands
and banks that reside inside the current CCA. Specifically, the Council
recommended that coordinates be defined in the regulations for the 50,
60, 75, 125, and 150 fm (91 m, 110 m, 137 m, 229 m, and 274 m) lines
around Santa Barbara Island, San Nicolas Island, Cortes Bank, and
Tanner Bank, and the 150 fm (274 m) line around Osborn Bank and the
Eastern CCA. The purpose of defining these fathom lines around the
islands and banks is to provide flexible management tools to restrict
fishing seaward or shoreward of the new lines as needed, which would
prevent interactions with certain nearshore species and control catch
of groundfish. If Amendment 32 is approved and implemented in a final
rule, these boundaries would be defined in the regulations and would be
available for use in the future should the Council wish to recommend
activating depth-based closures. The Council may also recommend
modifying the status of these closures via an inseason action
consistent with Sec. 660.60(c) or via a rulemaking action for
groundfish fisheries management.
New Conservation Areas
Groundfish Exclusion Areas
Amendment 32 and its implementing regulations included in this
proposed rule would create a new type of GCA called a GEA, which is
intended to mitigate the impacts to sensitive environments from certain
groundfish fishing activity. Specifically, eight GEAs would be
established in this action: (1) Hidden Reef; (2) West of Santa Barbara
Island; (3) Potato Bank; (4) 107/118 Bank; (5) Cherry Bank; (6)
Seamount 109; (7) Northeast Bank; and (8) The 43-Fathom Spot. All of
these GEAs would be located in the Southern California Bight within the
area in which non-trawl CCA restrictions would be removed. These GEAs
would keep approximately 428 square miles (1,100 sq km) closed to non-
trawl fishing effort. The purpose of this change is to create a type of
GCA that can be used to protect sensitive areas and that can be
separate and distinct from groundfish essential fish habitat (EFH).
These GEAs would prohibit all commercial and recreational groundfish
fishing. Commercial fishing vessels would be allowed to continually
transit through GEAs provided that all gear is stowed. Recreational
vessels would be allowed to continually transit through GEAs provided
that no gear is deployed. Vessels fishing for non-groundfish species,
including highly migratory species, would be permitted within GEAs,
provided that no groundfish is on board the vessel.
Yelloweye Rockfish Conservation Areas (YRCAs)
A YRCA is a type of GCA used to mitigate bycatch of yelloweye
rockfish in groundfish fisheries. Given that yelloweye rockfish is
still rebuilding, the Council considered establishing new YRCAs in the
event that yelloweye rockfish bycatch increases with increased fishing
access to the Non-Trawl RCA. Amendment 32 would establish four new
YRCAs seaward of Oregon: (1) Tillamook YRCA; (2) Newport YRCA; (3)
Florence YRCA; and (4) Heceta Bank YRCA. Within the YRCAs, restrictions
would apply to both commercial groundfish non-trawl fisheries and the
non-tribal directed commercial halibut fishery. In recommending
Amendment 32, the Council proposed that only one of the YCRAs would be
``active'' at the time of implementation. The other three closures
would be ``inactive'' until the Council recommends and NMFS implements
those closures. Thus, in this proposed rule only the Heceta Bank YRCA
is proposed to be active. The Tillamook, Newport, and Florence YRCAs
would be defined and established in federal regulations at Sec.
660.11, but would remain inactive until the Council recommends
modifying their inactive status and NMFS implements such changes via an
inseason action consistent with Sec. 660.60(c) or a future rulemaking
action on groundfish fisheries. NMFS would need to modify the status of
these YRCAs for the non-tribal directed commercial halibut fishery via
the rulemaking process, as the current regulations on the non-tribal
directed halibut fishery do not include a regulatory mechanism for
modifying closed areas inseason.
Essential Fish Habitat Conservation Areas
The Magnuson-Stevens Act requires that FMPs describe and identify
EFH and minimize to the extent practicable adverse effects on EFH
caused by fishing. The Pacific Coast Groundfish FMP authorizes the use
of EFHCAs to protect groundfish EFH from specific types of fishing
activity. Federal regulations at Sec. Sec. 660.75 through 660.79
provide the coordinates for all current EFHCAs off the U.S. West Coast.
At present, there are two types of EFHCAs: bottom trawl and bottom
contact. Both bottom trawl and bottom contact EFHCAs apply to all
fisheries and are not limited in application to groundfish fisheries.
Amendment 32 would create a new type of EFHCA that prohibits using non-
trawl bottom contact gear (e.g., pot/longline) for all non-tribal
groundfish fisheries and the non-tribal directed commercial Pacific
halibut fishery. The purpose of this new type of EFHCA is to protect
groundfish EFH that would be newly exposed to non-trawl bottom contact
gear from moving the seaward boundary of the Non-Trawl RCA to 75 fm
(137 m) seaward of Oregon. Specifically, this proposed rule would
establish five new EFHCAs: (1) Nehalem Bank East; (2) Bandon High Spot
East; (3) Arago Reef West; (4) Garibaldi Reef North; and (5) Garibaldi
Reef South. All of these new EFHCAs overlap partially or entirely with
existing bottom trawl EFHCAs (i.e., bottom trawl gear is already
prohibited in these areas), which is why the specified gear prohibition
only includes non-trawl bottom contact gear. Taking, retaining, or
possessing (except for the purpose of continuous transit) groundfish or
halibut in these new EFCHAs would be prohibited.
[[Page 59841]]
Block Area Closures
The Pacific Coast Groundfish FMP and its implementing regulations
currently authorize the use of Block Area Closures (BACs) as a routine
management measure to control bycatch of groundfish in trawl fisheries.
BACs are size variable spatial closures in the EEZ bounded by latitude
lines, defined at Sec. 660.11, with depth contour approximations
defined at Sec. Sec. 660.71 through 660.74 ((10 fm (18 m) through 250
fm (457 m)), and Sec. 660.76 (700 fm (1280 m)). Amendment 28 to the
FMP (84 FR 63966, November 19, 2019) first established BACs as a
management tool. The salmon bycatch minimization measures final rule
(86 FR 10857, February 23, 2021) expanded BACs as a tool to minimize
salmon bycatch. Amendment 32 and its implementing regulations included
in this proposed rule would expand the use of BACs for groundfish non-
trawl fisheries. The purpose of this change is to create a mechanism to
control bycatch of groundfish and bycatch of protected or prohibited
species from non-trawl fisheries given the new flexibilities (e.g.,
newly opened fishing grounds) that would result from the implementation
of this action. Thus, under this proposed rule, BACs could be
implemented in the EEZ coastwide. BACs also could be implemented within
tribal Usual and Accustomed (U&A) fishing areas but would only apply to
non-tribal vessels.
This proposed rule would not implement specific individual BACs.
This proposed rule would allow NMFS to close or reopen BACs preseason
or inseason. The approach would be consistent with existing routine
management measures in framework amendments to the FMP that have
already been implemented and incorporated into the regulations. Most
trip, bag, and size limits, and some GCA closures in the groundfish
fishery, including Bycatch Reduction Areas and BACs, have been
designated routine management measures in the Pacific Coast Groundfish
FMP and in Sec. 660.60(c). The Council can recommend to NMFS
implementation or modification of these routine management measures
through an expedited process involving a single Council meeting.
Inseason changes are announced in the Federal Register pursuant to the
requirements of the Administrative Procedure Act. If good cause exists
under the Administrative Procedure Act to waive notice and comment, a
single Federal Register notice will announce routine inseason BACs
implemented by NMFS.
When deciding whether to recommend BACs for NMFS to implement,
consistent with the Pacific Coast Groundfish FMP, the Council considers
environmental impacts, economic impacts, and public comments that are
received via the Council process. Depending on the circumstances, NMFS
may close areas for a defined period of time, for example, a few months
or the remainder of the fishing year, or NMFS may maintain a closure
for an indefinite period of time, for example, until reopened by a
subsequent action. NMFS may close one or more BACs and the size of the
BACs can vary. A Federal Register notice will announce the geographic
boundaries of one or more BACs, the effective dates, applicable gear/
fishery restrictions, as well as the purpose and rationale. NMFS would
also disseminate this information on BACs through public notices and by
posting on the West Coast Region website (see ADDRESSES for electronic
access information).
Expected Effects of This Action
The Council prepared a detailed Analysis (see Electronic Access
section of ADDRESSES) that analyzed the effects of Amendment 32 on
various resources. A brief summary of expected effects from the
Analysis is provided below.
Target and Non-Target Species
The Council and NMFS expect that impacts to target and non-target
species would be within those described in the 2023-2024 Biennial
Harvest Specifications and Management Measures Environmental Assessment
(EA), as this action would not change harvest specifications from those
implemented in the 2023-2024 harvest specifications action (87 FR
77007, December 16, 2022). That analysis assumes that full annual catch
limits (ACLs) are harvested for each stock within the fishery and NMFS
issued a Finding of No Significant Impact for that action (see page 64
of 2023-2024 EA, available at: https://www.fisheries.noaa.gov/west-coast/laws-and-policies/west-coast-region-national-environmental-policy-act-documents).
Prohibited Species
Prohibited species include those species and species groups whose
retention is prohibited in the Pacific Coast groundfish fishery.
Prohibited species include any species of salmonid, Pacific halibut,
Dungeness crab caught seaward of Washington or Oregon, and groundfish
species or species groups under the Pacific Coast Groundfish FMP for
which quotas have been achieved and/or the fishery closed (see Sec.
660.11). The Council and NMFS do not expect significant impacts to
prohibited species including salmon, Dungeness crab, eulachon, and
green sturgeon given the limited encounters and mortality associated
with non-trawl fisheries. Non-trawl gear types have historically had
little or no mortality of these species, and even with the expansion of
opportunities for non-trawl fisheries through this action, mortality is
expected to still be negligible.
Protected Species
Protected species include species other than prohibited species,
that are protected under Federal law, including species listed under
the Endangered Species Act (ESA), marine mammals protected under the
Marine Mammal Protection Act (MMPA), and bird species protected under
the Migratory Bird Treaty Act (MBTA). Protected species that may be
affected by opening portions of the Non-Trawl RCA include humpback
whales (listed under the ESA and MMPA), leatherback sea turtles (ESA),
and short-tailed albatross (ESA and MBTA).
The portion of the Non-Trawl RCA being opened seaward of Oregon and
California between 75 and 100/125 fm (137 and 183/229 m) overlaps with
ESA-designated critical habitat for the Mexican distinct population
segment (DPS) of humpback whales (see Figure 27 of the Analysis). NMFS
evaluated the effects of the groundfish fishery on ESA-listed humpback
whales and their critical habitat in the 2020 Biological Opinion for
the Pacific Coast Groundfish Fishery (WCRO-2018-01378). Under the MMPA,
the sablefish pot fishery, which is a sector within the LEFG fishery,
is listed as a Category II fishery, which means there is occasional
incidental mortality and serious injury of marine mammals. Although
there would likely be an effort shift from the sablefish pot fishery as
well as other non-trawl fisheries into the newly opened area, the
Council and NMFS do not anticipate an overall increase in the number of
participants in any non-trawl fishery sector. As explained in the
Analysis, it is the amount of gear in the water rather than the amount
of area or habitat designation that affects potential entanglement risk
for whales. This action does not change the overall amount of sablefish
that can be caught by the fishery, which was analyzed as part of the
2023-2024 Biennial Harvest Specifications and Management Measures EA
(available at https://www.fisheries.noaa.gov/west-coast/laws-and-
policies/groundfish-actions-
[[Page 59842]]
nepa-documents). The density of pot gear and other non-trawl gear in
the EEZ both shoreward and seaward of the Non-Trawl RCA will likely
lessen, as some vessels will likely shift some of their effort to the
newly opened depth bin. This will increase the spatial distribution of
pot gear, but will not change the overall amount of effort nor will it
concentrate effort in a particular area. In addition, there is no
evidence to suggest that vessels fishing in 75-100 or 75-125 fm (137-
183 or 137-229 m) would create more potential for whale interactions
compared to fishing in 100-125 fm (183-229 m) or greater, depths at
which fishing is already opened. Therefore, NMFS does not anticipate
impacts to the Mexican DPS or the Central American DPS of humpback
whales from Amendment 32 beyond those impacts already considered in the
2020 Biological Opinion.
The portion of the Non-Trawl RCA being opened seaward of Oregon and
California between 75 and 100/125 fm (137 and 183/229 m) overlaps with
ESA-designated critical habitat for leatherback sea turtles (see Figure
27 of the Analysis). The effects of the groundfish fishery on ESA-
listed leatherback sea turtles was evaluated in the 2012 Biological
Opinion (NWR-2012-876) for the Pacific Coast Groundfish Fishery. There
have been no observed takes of leatherback turtles in any groundfish
fishery from 2015-2019 (Agenda Item G.4.a, NMFS Report 5, June 2021).
The only observed take in the groundfish fishery was in the Open Access
pot fishery in 2008. Although there would likely be an effort shift
from the LEFG sablefish pot fishery as well as other non-trawl
fisheries into the newly opened area, the Council and NMFS do not
anticipate an overall increase in the number of participants in any
non-trawl fishery sector. As explained in the Analysis, it is the
amount of gear in the water rather than the amount of area or habitat
designation that affects potential entanglement risk for leatherback
sea turtles. This action does not change the overall amount of
sablefish that can be caught by the fishery, which was analyzed as part
of the 2023-2024 Biennial Harvest Specifications and Management
Measures EA. The density of pot gear and other non-trawl gear in the
EEZ both shoreward and seaward of the Non-Trawl RCA will likely lessen,
as some vessels will likely shift some of their effort to the newly
opened depth bin. This will increase the spatial distribution of pot
gear, but will not change the overall amount of effort nor will it
concentrate effort in a particular area. Therefore, the Council and
NMFS do not anticipate significant impacts to this species.
The portion of the Non-Trawl RCA being opened seaward of Oregon and
California between 75 and 100/125 fm (137 and 183/229 m) could
potentially increase interactions with ESA-listed short-tailed
albatross. Longline gear, which is fished in all non-trawl sectors, is
the primary gear evaluated in the 2017 Biological Opinion (O1EOFWOO-
2017-F-03 16) for the Pacific Coast Groundfish Fishery. All vessels
over 26 feet (8 m) in length and fishing with longline gear in the area
North of 36[deg] N lat. (i.e., in the primary area of overlap with
short-tailed albatross habitat) are subject to existing mitigation
requirements for seabirds, including night setting and the mandatory
use of streamer lines (see Seabird Avoidance Program requirements at
Sec. 660.21). There have been no known takes of short-tailed albatross
in the groundfish fishery since these required mitigation measures were
implemented, and the same mitigation measures would still apply in the
newly opened areas. Therefore, the Council and NMFS do not anticipate
impacts to this species beyond those considered in the 2017 Biological
Opinion.
Habitat
The portion of the Non-Trawl RCA being opened seaward of Oregon and
California between 75 and 100/125 fm (137 and 183/229 m), as well as
the area being opened by removing the CCA in Southern California could
adversely affect bottom habitat that could be newly exposed to bottom
contact groundfish gear, including pot and longline gear. The majority
of the area to be opened in the Non-Trawl RCA is soft substrate with
some areas that include mixed/hard substrate with habitat-forming
invertebrates (such as corals, basketstars, brittlestars, demosponges,
gooseneck barnacles, sea anemones, sea lilies, sea urchins, sea whips,
tube worms, and vase sponges). These mixed/hard areas largely fall
within currently identified EFHCAs for bottom trawl. As described above
under the heading, ``New Conservation Areas,'' the Council recommended
additional protection from groundfish non-trawl bottom contact gear
(i.e., pot and longline gear) for the portions of bottom trawl EFHCAs
that would be newly exposed off Oregon. The newly exposed bottom trawl
EFHCAs seaward of California will be evaluated in the Council's next
EFH review; this evaluation will include the question of whether to
also prohibit non-trawl bottom contact gear, which is scheduled to
begin in 2025. The Council also recommended the eight GEAs in the
Southern California Bight to protect sensitive environments of concern
in the area of the current CCA. Therefore, the Council and NMFS do not
anticipate significant impacts to habitat from this action.
Economic Benefits
The Council and NMFS anticipate that this action would increase the
overall economic value of the groundfish and directed commercial
halibut fisheries by providing access to almost three thousand square
miles of fishing grounds that have been closed to non-trawl groundfish
and halibut fishing for over two decades. In addition, relaxed gear and
catch restrictions would allow for diversified fishing strategies and
access to higher trip limits/quotas within the remaining Non-Trawl RCA
boundaries. As detailed in the Analysis, fishing ports with lower
attainment of sablefish are likely to benefit most from the new
opportunities; however, ports with high attainment of sablefish could
potentially also benefit from access to larger, higher value sablefish
and reduced fuel costs from vessels not having to travel beyond 100 or
125 fm (183 or 229 m) to access larger sablefish.
Administrative Regulatory Changes
In addition to the actions recommended by the Council above, NMFS
is also proposing to make three minor regulatory changes in this final
rule. These changes, which are necessary to improve clarity of existing
regulations, are administrative in nature.
Groundfish Conservation Area Nomenclature Corrections
NMFS proposes to universally correct all instances of ``Cordell
Banks'' to its correct name of ``Cordell Bank.'' NMFS also proposes to
modify the description of the Cordell Bank GCA at Sec. 660.70(q) to
clarify that fishing is not permitted ``within'' its boundaries as
opposed to ``around'' its boundaries, as currently specified in the
regulations. The purpose of this change is to clarify the intended
meaning of these regulations for fishermen and to support enforcement
efforts, but this change would not constitute a material change to the
GCA.
Bait Definitions
NMFS proposes to add regulatory definitions for artificial lure,
bait (both natural and artificial), and weighted gear under Sec.
660.11. This rule proposes to allow for the use of natural bait on non-
bottom contact stationary vertical
[[Page 59843]]
jig gear in the Non-Trawl RCA, and to continue to prohibit its use on
groundfish troll gear in the Non-Trawl RCA. However, natural bait is
not defined in the regulations. The purpose of adding these definitions
(which are based on common usage) is to clarify the types of bait that
are permitted for use within the Non-Trawl RCA. This will aid fishermen
and support enforcement efforts.
Vessel Monitoring System Exemptions
Vessels participating in the limited entry groundfish fishery, open
access vessels using non-groundfish trawl gear (vessels fishing for
ridgeback prawn, California halibut, and sea cucumber trawl), and any
vessels that use open access gear targeting groundfish or that have
groundfish bycatch (salmon troll, prawn trap, Dungeness crab, halibut
longline, California halibut line gear, and sheephead trap), are
required to install a NMFS OLE type-approved mobile transceiver unit
and to arrange for a NMFS OLE type-approved communications service
provider to receive and relay transmissions to NMFS OLE prior to
fishing. These units automatically record a vessel's position (i.e.,
the vessel's geographic location in latitude and longitude
coordinates), and transmit those coordinates to a communications
service provider.
Under current regulation, exemptions from the VMS requirement for
specific reasons are allowed (50 CFR 660.14(d)(4)). VMS users must
follow the requirements at Sec. 660.14(d)(4)(vi) to submit exemption
reports. Current exemptions include a haul out exemption, an outside
areas exemption, a permit exemption, and a long-term departure
exemption. This proposed rule would create two new exemptions: one for
maintenance that does not require a haulout, and one for sale of a
vessel. Like the existing haulout exemption, the new maintenance
exemption would allow VMS units to temporarily be inoperable and would
allow transmissions to be discontinued while work is being done on the
vessel. However, the new maintenance exemption would not be limited to
maintenance that is conducted while a vessel is hauled out.
The new exemption for sale of a vessel would be an extension of the
current long-term departure exemption. This new exemption for sale of a
vessel is proposed as a response to situations in which new owners
purchase vessels and discontinue use of VMS units used by the previous
owners. If the previous owners do not submit a Long-Term Departure
exemption prior to the sale, the requirement for the VMS units to
operate continues to exist on the sold vessels, even when the new
owners do not participate in an activity requiring VMS.
Both of these proposed new exemptions would create flexibilities in
the vessel owners' VMS requirements when vessels are not participating
in an activity requiring VMS. If these new exemptions are not added to
the regulations, fishermen would continue to be in violation of VMS
requirements while their vessels undergo long-term maintenance or when
prior owners of newly purchased vessels did not submit a long-term
departure exemption prior to selling the vessel.
Classification
Pursuant to section 304(b)(1)(A) and 305(d) of the Magnuson-Stevens
Act and Section 5 of the Northern Pacific Halibut Act of 1982 (Halibut
Act, 16 U.S.C. 773c), the NMFS Assistant Administrator has determined
that this proposed rule to implement Amendment 32 is consistent with
the FMP, other provisions of the Magnuson-Stevens Act, and other
applicable law, subject to further consideration after public comment.
For rulemaking efficiency, NMFS is also proposing minor administrative
regulatory changes. These changes include corrections to all references
to ``Cordell Bank,'' and, in the description of the Cordell Bank GCA at
Sec. 660.70(q), clarifying that fishing is not permitted ``within''
its boundaries as opposed to ``around'' its boundaries; adding new
regulatory definitions for different types of fishing bait, and adding
new exemptions to the Vessel Monitoring System reporting requirements.
This proposed rule has been determined to be not significant for
purposes of Executive Order 12866.
There are no relevant federal rules that may duplicate, overlap, or
conflict with this action.
Certification Under the Regulatory Flexibility Act
The Chief Counsel for Regulation of the Department of Commerce
certified to the Chief Counsel for Advocacy of the Small Business
Administration that this proposed rule, if adopted, would not have a
significant adverse economic impact on a substantial number of small
entities.
For purposes of the Regulatory Flexibility Act (5 U.S.C. 601 et
seq.) (RFA) only, NMFS has established a small business size standard
for businesses, including their affiliates, whose primary industry is
commercial fishing (see 50 CFR 200.2). A business primarily engaged in
commercial fishing is classified as a small business if it is
independently owned and operated, is not dominant in its field of
operation (including its affiliates), and has combined annual receipts
not in excess of $11 million for all its affiliated operations
worldwide. This standard applies to all businesses classified under
North American Industry Classification System (NAICS) code 11411 for
commercial fishing, including all businesses classified as commercial
finfish fishing (NAICS 114111), commercial shellfish fishing (NAICS
114112), and other commercial marine fishing (NAICS 114119) businesses
(50 CFR 200.2; 13 CFR 121.201).
This proposed rule would directly affect groundfish vessels fishing
in the directed Open Access, LEFG, IFQ gear switching, and California
recreational fishery sectors. The proposed rule would also directly
affect vessels participating in the non-tribal directed commercial
Pacific halibut fishery. The table below shows the possible ranges and
average numbers of vessels that participated in these fishery sectors
from 2019-2022.
Table 1--Vessel Participation in Affected Groundfish Non-Trawl Sectors,
2019-2022
------------------------------------------------------------------------
Vessels (n)
Fishery -------------------
Range Average
------------------------------------------------------------------------
Open Access......................................... 573-681 614
Limited Entry Fixed Gear............................ 113-138 123
IFQ- Gear Switching................................. 9-16 12
Directed Halibut.................................... 81-99 88
CA Recreational (CPFV).............................. 178-195 97
------------------------------------------------------------------------
Of those participants, all open access, directed commercial
halibut, and commercial passenger fishing vessels (CPFV) are considered
small entities. In 2022, 197 of the 218 LEFG reported themselves as
small entities. For those that reported themselves as large entities,
there were some that owned multiple permits with one entity owning four
permits, one owning three permits, and three owning two permits. Of the
9-16 vessels fishing in the IFQ gear switching sector from 2019-2022,
these vessels used 20 trawl endorsed permits. In 2022, only one of
those permit owners reported as a large entity. In addition, this
proposed rule is not expected to place small entities at a significant
competitive disadvantage to large entities.
The economic impact of the proposed action would be mostly positive
for the affected small entities, as Amendment 32 and its proposed
regulations would expand fishing opportunity (and therefore increase
potential profitability) for all affected small entities through
[[Page 59844]]
opening of closed areas and relaxing gear/catch restrictions in the
remaining closed areas. The development of new closed areas (i.e.,
GEAs, YRCAs, and EFHCAs) restricts a smaller overall area in comparison
to the area being opened for fishing. The development of BACs would
have a neutral impact on small entities as this action is creating the
management tool and is not implementing any BAC upon implementation of
the final rule for this action. In addition, none of the administrative
regulatory changes would have an economic impact on fishery
participants.
For these reasons, NMFS believes that this proposed rule would not
have a significant adverse economic impact on a substantial number of
small entities. As a result, an initial regulatory flexibility analysis
is not required and none has been prepared. Information Collection
Requirements
This proposed rule contains a collection-of-information requirement
subject to review and approval by the Office of Management and Budget
(OMB) under the Paperwork Reduction Act (PRA). This rule would revise
the existing requirements under OMB control # 0648-0573, ``VMS and
Declarations,'' by adding and modifying declaration codes for the
purpose of monitoring and enforcing the new provisions in the Non-Trawl
RCA for limited fixed gear vessels and IFQ gear switchers. These new
declaration codes are not anticipated to alter the number of
respondents, anticipated responses, burden hours, or burden costs, as
the affected vessels are already required to declare their fishing
activities. The new declaration codes would allow NOAA's OLE to track
those vessels that are declaring to fish inside the Non-Trawl RCA and
identify what catch limits they should adhere to. Public reporting
burden for submitting a declaration report is estimated to average 4
minutes per individual report, including the time for reviewing
instructions, searching existing data sources, gathering and
maintaining the data needed, and completing and reviewing the
collection of information.
Public comment is sought regarding: whether this proposed
collection of information is necessary for the proper performance of
the functions of the agency, including whether the information shall
have practical utility; the accuracy of the burden estimate; ways to
enhance the quality, utility, and clarity of the information to be
collected; and ways to minimize the burden of the collection of
information, including through the use of automated collection
techniques or other forms of information technology. Submit comments on
these or any other aspects of the collection of information at
www.reginfo.gov/public/do/PRAMain.
Notwithstanding any other provision of the law, no person is
required to respond to, nor shall any person be subject to a penalty
for failure to comply with, a collection of information subject to the
requirements of the PRA, unless that collection of information displays
a currently valid OMB Control Number.
List of Subjects
50 CFR Part 300
Fish, Fisheries, Fishing, Fishing vessels.
50 CFR Part 660
Fisheries, Fishing, Reporting and recordkeeping requirements.
Dated: August 22, 2023.
Samuel D. Rauch, III,
Deputy Assistant Administrator for Regulatory Programs, National Marine
Fisheries Service.
For the reasons set out in the preamble, NMFS proposes to amend 50
CFR parts 300 and 660 as follows:
PART 300--INTERNATIONAL FISHERIES REGULATIONS
Subpart E--Pacific Halibut Fisheries
0
1. The Authority citation for part 300 continues to read as follows:
Authority: 16 U.S.C. 773-773k
0
2. Amend Sec. 300.63 by revising paragraph (f) to read as follows:
Sec. 300.63 Catch sharing plan and domestic management measures in
Area 2A.
* * * * *
(f) Area 2A Non-Treaty Commercial Fishery Closed Areas.
(1) Nontrawl Rockfish Conservation Area (RCA). Non-tribal
commercial vessels operating in the directed commercial fishery for
halibut in Area 2A are prohibited from fishing within a groundfish
closed area known as the nontrawl RCA. Nontrawl RCA boundaries are
defined by specific latitude and longitude coordinates that approximate
depth contours. Between the U.S./Canada border and 46[deg]16' N lat.,
the shoreward boundary of the nontrawl RCA is the EEZ. Between
46[deg]16' N lat. and 40[deg]10' N lat., the shoreward boundary of the
nontrawl RCA is a line approximating the 30-fm (55-m) depth contour, or
the shoreward boundary of the EEZ, whichever is more seaward.
Coordinates for the 30-fm (55-m) boundary are listed at 50 CFR
660.71(e). Between the U.S./Canada border and 46[deg]16' N lat., the
seaward boundary of the nontrawl RCA is a line approximating the 100-fm
(183-m) depth contour. Coordinates for the 100-fm (183-m) boundary are
listed at 50 CFR 660.73(a). Between 46[deg]16' N lat. and 40[deg]10' N
lat., the seaward boundary of the nontrawl RCA is a line approximating
the 75-fm (137-m) depth contour. Coordinates for the 75-fm (137-m)
boundary are listed at 50 CFR 660.72(j).
(2) North Coast Commercial Yelloweye Rockfish Conservation Area
(YRCA). YRCAs are defined in the groundfish regulations at 50 CFR
660.70. Vessels that incidentally catch halibut while fishing in the
sablefish primary fishery are required to follow area closures and gear
restrictions defined in the groundfish regulations. It is unlawful to
take and retain, possess (except for the purpose of continuous transit)
or land halibut with limited entry longline gear within the North Coast
Commercial Yelloweye Rockfish Conservation Area. All fishing gear for
targeting halibut must be stowed while transiting through the North
Coast Commercial YRCA when the closure is in effect.
(3) Salmon Troll YRCA. YRCAs are defined in the groundfish
regulations at 50 CFR 660.70 and in the salmon regulations at 50 CFR
660.405(c). Non-tribal commercial vessels that incidentally catch
halibut while fishing in the salmon troll fishery are prohibited from
fishing within a closed area known as the Salmon Troll YRCA. It is
unlawful for commercial salmon troll vessels to take and retain,
possess (except for the purpose of continuous transit) or land halibut
within the Salmon Troll YRCA. All fishing gear for targeting halibut
must be stowed while transiting through the Salmon Troll YRCA when the
closure is in effect.
(4) Tillamook YRCA. YRCAs are defined in the groundfish regulations
at 50 CFR 660.70. It is unlawful for non-tribal commercial vessels
operating in the directed halibut fishery in Area 2A to take and
retain, possess (except for the purpose of continuous transit) or land
halibut within the Tillamook YRCA. All fishing gear for targeting
halibut must be stowed while transiting through the Tillamook YRCA when
the closure is in effect. The closure is not in effect at this time.
(5) Newport YRCA. YRCAs are defined in the groundfish regulations
at 50 CFR 660.70. It is unlawful for non-tribal commercial vessels
operating in the directed halibut fishery in Area 2A to take and
retain, or possess (except for the purpose of continuous transit) or
land halibut within the Newport YRCA. All fishing gear for targeting
halibut
[[Page 59845]]
must be stowed while transiting through the Newport YRCA when the
closure is in effect. The closure is not in effect at this time.
(6) Florence YRCA. YRCAs are defined in the groundfish regulations
at 50 CFR 660.70. It is unlawful for non-tribal commercial vessels
operating in the directed halibut fishery in Area 2A to take and
retain, possess (except for the purpose of continuous transit) or land
halibut within the Florence YRCA. All fishing gear for targeting
halibut must be stowed while transiting through the Florence YRCA when
the closure is in effect. The closure is not in effect at this time.
(7) Heceta Bank YRCA. YRCAs are defined in the groundfish
regulations at 50 CFR 660.70. It is unlawful for non-tribal commercial
vessels operating in the directed halibut fishery in Area 2A to take
and retain, possess (except for the purpose of continuous transit) or
land halibut within the Heceta Bank YRCA. All fishing gear for
targeting halibut must be stowed while transiting through the Heceta
Bank YRCA when the closure is in effect.
(8) Nehalem Bank East Essential Fish Habitat Conservation Area
(EFHCA). EFHCAs are defined in the groundfish regulations at 50 CFR
660.70. It is unlawful for non-tribal commercial vessels operating in
the directed halibut fishery in Area 2A to take and retain, possess
(except for the purpose of continuous transit) or land halibut within
the Nehalem Bank East EFHCA. All fishing gear for targeting halibut
must be stowed while transiting through the Nehalem Bank East EFCHA.
(9) Garibaldi Reef North EFHCA. EFHCAs are defined in the
groundfish regulations at 50 CFR 660.70. It is unlawful for non-tribal
commercial vessels operating in the directed halibut fishery in Area 2A
to take and retain, possess (except for the purpose of continuous
transit) or land halibut within the Garibaldi Reef North EFHCA. All
fishing gear for targeting halibut must be stowed while transiting
through the Garibaldi Reef North EFCHA.
(10) Garibaldi Reef South EFHCA. EFHCAs are defined in the
groundfish regulations at 50 CFR 660.70. It is unlawful for non-tribal
commercial vessels operating in the directed halibut fishery in Area 2A
to take and retain, possess (except for the purpose of continuous
transit) or land halibut within the Garibaldi Reef South EFHCA. All
fishing gear for targeting halibut must be stowed while transiting
through the Garibaldi Reef South EFCHA.
(11) Arago Reef West EFHCA. EFHCAs are defined in the groundfish
regulations at 50 CFR 660.70. It is unlawful for non-tribal commercial
vessels operating in the directed halibut fishery in Area 2A take and
retain, possess (except for the purpose of continuous transit) or land
halibut within the Arago Reef EFHCA. All fishing gear for targeting
halibut must be stowed while transiting through the Arago Reef West
EFCHA.
(12) Bandon High Spot East EFHCA. EFHCAs are defined in the
groundfish regulations at 50 CFR 660.70. It is unlawful for non-tribal
commercial vessels operating in the directed halibut fishery in Area 2A
to take and retain, possess (except for the purpose of continuous
transit) or land halibut within the Bandon High Spot East EFHCA. All
fishing gear for targeting halibut must be stowed while transiting
through the Bandon High Spot East EFCHA.
PART 660--FISHERIES OFF WEST COAST STATES
0
3. 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.
Subpart C [Amended]
0
4. In subpart C of part 660, revise all references to ``Cordell Banks''
to read ``Cordell Bank''.
0
5. Amend Sec. 660.11 by:
0
a. Adding in alphabetical order, the definitions for ``Artificial
lure'' and ``Bait'';
0
b. In the definition for ``Conservation area(s)'':
0
i. Revising paragraph (1) introductory text and paragraph (1)(i);
0
ii. Redesignating paragraphs (1)(vi) and (1)(vii) as (1)(vii) and
(1)(viii);
0
iii. Adding new paragraph (1)(vi); and
0
c. Adding in alphabetical order the definition for ``Weighted gear''.
The additions and revisions read as follows:
Sec. 660.11 General definitions.
* * * * *
Artificial lure means any manufactured or man-made non-scented/non-
flavored (regardless if scent or flavor is added in the manufacturing
process or added afterwards) device complete with hooks, intended to
attract fish. Artificial lures include, but are not limited to: spoons,
spinners, artificial flies, and plugs. Artificial lures are made of
metal, plastic, wood, or other non-edible materials.
Bait (natural or artificial) means any substance which attracts
fish. Natural bait includes any natural biological substance used to
attract or catch fish (e.g., herring/fish eggs). Artificial bait
includes any manufactured device used to attract or catch fish.
* * * * *
Conservation area(s) * * *
(1) Groundfish Conservation Area or GCA means a conservation area
created or modified and enforced to control catch of groundfish or
protected species. Regulations at Sec. 660.60(c)(3) describe the
various purposes for which NMFS may implement certain types of GCAs
through routine management measures. Regulations at Sec. 660.70
further describe and define coordinates for certain GCAs, including:
Yelloweye Rockfish Conservation Areas; Cowcod Conservation Areas;
Groundfish Exclusion Areas; waters encircling the Farallon Islands; and
waters encircling the Cordell Bank. GCAs also include depth-based
closures bounded by lines approximating depth contours, including
Bycatch Reduction Areas or BRAs, or bounded by depth contours and lines
of latitude, including Block Area Closures, or BACs, and Rockfish
Conservation Areas, or RCAs, which may be closed to fishing with
particular gear types. BRA, BAC, and RCA boundaries may change
seasonally according to conservation needs. Regulations at Sec. Sec.
660.71 through 660.74, and Sec. 660.76 define depth-based boundary
lines with latitude/longitude coordinates that may be used to enact
depth-based closures. Regulations in this section describe commonly
used geographic coordinates that define lines of latitude. Fishing
prohibitions associated with GCAs are in addition to those associated
with other conservation areas.
(i) Block Area Closures or BACs are bounded on the north and south
by commonly used geographic coordinates defined in this section, and on
the east and west by the EEZ, and boundary lines approximating depth
contours, defined with latitude and longitude coordinates at Sec. Sec.
660.71 through 660.74 (10 fm (18 m) through 250 fm (457 m)), and Sec.
660.76 (700 fm (1,280 m)). BACs may be implemented or modified as
routine management measures, per the provisions of Sec. 660.60(c).
BACs may be implemented to control catch of groundfish by vessels
taking and retaining groundfish in the EEZ seaward of Washington,
Oregon and California for vessels using any gear type (trawl or non-
trawl). BACs may be implemented to minimize bycatch of Chinook salmon
and coho salmon by bottom trawl or midwater trawl vessels in the EEZ
seaward of Oregon and California, and by midwater trawl vessels in the
EEZ seaward of Washington, but shoreward of the boundary line
approximating the
[[Page 59846]]
250 fm (457 m) depth contour as defined in Sec. 660.74. BACs may vary
in their geographic boundaries, duration, and the gears to which they
apply. Their geographic boundaries, applicable gear type(s) and/or
specific fishery program, and effective dates will be announced in the
Federal Register. BACs may be implemented within tribal Usual and
Accustomed fishing areas but may only apply to non-tribal vessels. BACs
may have a specific termination date as described in the Federal
Register, or may be in effect until modified. BACs that are in effect
until modified by NMFS are set out in the trip limit tables of subparts
D through F of this part.
* * * * *
(vi) Groundfish Exclusion Areas or GEAs are defined at Sec.
660.70.
* * * * *
Weighted gear means any fishing gear that is combined with an
object intended to make the bait, lure or hook sink (e.g. lead or steel
sinkers).
0
6. Amend Sec. 660.12 by:
0
a. Redesignating paragraph (a)(19) as (20);
0
b. Adding new paragraph (a)(19); and
0
c. Adding new paragraph (a)(21).
The additions read as follows:
Sec. 660.12 General groundfish prohibitions.
* * * * *
(a) * * *
(19) Fish for, take and retain, possess (except for the purpose of
continuous transiting) or land any species of groundfish with
groundfish non-trawl bottom contact gear (defined at Sec. 660.11) in
the following EFHCAs: Arago Reef West, Bandon High Spot East, Garibaldi
Reef North, Garibaldi Reef South, and Nehalem Bank East.
* * * * *
(21) Fish for, take and retain, possess (except for the purpose of
continuous transiting) or land any species of groundfish in a Block
Area Closure enacted under subparts C through F of this part.
* * * * *
0
7. Amend Sec. 660.13 by redesignating paragraphs (d)(4)(iv)(A)(30)
through (37) as d)(4)(iv)(A)(34) through (41) and adding new paragraphs
(d)(4)(iv)(A)(30) through (33) to read as follows:
Sec. 660.13 Recordkeeping and reporting.
* * * * *
(d) * * *
(4) * * *
(iv) * * *
(A) * * *
(30) Limited entry fixed gear non-bottom contact stationary
vertical jig gear (allowed inside or outside the nontrawl RCA)
(declaration code 12);
(31) Limited entry fixed gear non-bottom contact groundfish troll
gear (allowed inside or outside the nontrawl RCA) (declaration code
13);
(32) Limited entry groundfish non-trawl, shorebased IFQ, non-bottom
contact stationary vertical jig gear (allowed inside or outside the
nontrawl RCA) (declaration code 14);
(33) Limited entry groundfish non-trawl, shorebased IFQ, non-bottom
contact groundfish troll gear (allowed inside or outside the nontrawl
RCA) (declaration code 15);
* * * * *
0
8. Amend Sec. 660.14 by:
0
a. Revising paragraph (d)(4) introductory paragraph, and paragraphs
(d)(4)(iii) through (vii); and
0
b. Adding paragraphs (d)(4)(viii) through (ix).
The revisions and additions read as follows:
Sec. 660.14 Vessel Monitoring System (VMS) Requirements.
* * * * *
(d) * * *
(4) VMS exemptions. A vessel that is required to operate and
maintain the mobile transceiver unit continuously 24 hours a day
throughout the fishing year may be exempted from this requirement if a
valid exemption report, as described at paragraph (d)(4)(ix) of this
section, is received by NMFS OLE and the vessel is in compliance with
all conditions and requirements of the VMS exemption identified in this
section and specified in the exemption report.
* * * * *
(iii) Permit exemption. If the limited entry permit had a change in
vessel registration so that it is no longer registered to the vessel
(for the purposes of this section, this includes permits placed into
``unidentified'' status), the vessel may be exempted from VMS
requirements providing the vessel is not used in a fishery requiring
VMS off the States of Washington, Oregon or California (0-200 nm
offshore) for the remainder of the fishing year. If the vessel is used
to fish in this area for any species of fish at any time during the
remaining portion of the fishing year without being registered to a
limited entry permit, the vessel is required to have and use VMS.
(iv) Long-term departure exemption. A vessel participating in the
open access fishery that is required to have VMS under paragraph (b)(2)
of this section may be exempted from VMS provisions after the end of
the fishing year in which it used non-groundfish trawl gear, providing
the vessel submits a completed exemption report signed by the vessel
owner that includes a statement signed by the vessel owner indicating
that the vessel will not use non-groundfish trawl gear to fish in the
EEZ during the new fishing year/A vessel participating in the open
access fishery that is required to have VMS under paragraph (b)(3) of
this section also may be exempted from VMS provisions after the end of
the fishing year in which it fished in the open access fishery,
providing the vessel submits a completed exemption report signed by the
vessel owner that includes a statement signed by the vessel owner
indicating that the vessel will not be used to take and retain or
possess groundfish in the EEZ or land groundfish taken in the EEZ
during the new fishing year.
(v) Maintenance Exemption. When it is anticipated that a vessel
will be without power or in a maintenance condition for more than 4
consecutive hours, preventing operation of the vessel's VMS unit, and
if a valid exemption report has been received by NMFS OLE, electrical
power to the VMS mobile transceiver unit may be removed and
transmissions may be discontinued. Under this exemption, VMS
transmissions can be discontinued from the time the vessel is in the
maintenance condition until the time the maintenance is completed.
(vi) Sale of Vessel Exemption. When a new vessel owner purchases a
vessel with VMS and does not intend to participate in an activity
requiring VMS, but the previous vessel owner had not received a VMS
exemption prior to the sale, VMS transmissions may be discontinued by
the new vessel owner. Under this exemption, VMS transmissions can be
discontinued indefinitely, upon purchase of the vessel, and no
subsequent VMS transmissions will be required unless the new vessel
owner engages in an activity requiring VMS.
(vii) Emergency exemption. Vessels required to have VMS under
paragraph (b) of this section may be exempted from VMS provisions in
emergency situations that are beyond the vessel owner's control,
including but not limited to: Fire, flooding, or extensive physical
damage to critical areas of the vessel. A vessel owner may apply for an
emergency exemption from the VMS requirements specified in paragraph
(b) of this section for his/her vessel by sending a written request to
NMFS OLE specifying the following information: The reasons for seeking
an exemption, including any supporting documents (e.g., repair
invoices, photographs showing damage to the vessel, insurance claim
forms, etc.); the time period for which the exemption is requested; and
[[Page 59847]]
the location of the vessel while the exemption is in effect. NMFS OLE
will issue a written determination granting or denying the emergency
exemption request. A vessel will not be covered by the emergency
exemption until NMFS OLE issues a determination granting the exemption.
If an exemption is granted, the duration of the exemption will be
specified in the NMFS OLE determination.
(viii) Submission of exemption reports. Signed long-term departure
exemption reports must be submitted by fax or by emailing an electronic
copy of the actual report. In the event of an emergency in which an
emergency exemption request will be submitted, initial contact with
NMFS OLE must be made by telephone, fax or email within 24 hours from
when the incident occurred. Emergency exemption requests must be
requested in writing within 72 hours from when the incident occurred.
Maintenance exemption requests must include signed written
documentation of the work being done and the name of the company doing
the work, if applicable. Sale of Vessel exemption requests must include
documentation of purchase of the vessel by the new owner. Other
exemption reports must be submitted through the VMS or another method
that is approved by NMFS OLE and announced in the Federal Register.
Submission methods for exemption requests, except maintenance, sale of
vessel, long-term departures and emergency exemption requests, may
include email, facsimile, or telephone. NMFS OLE will provide, through
appropriate media, instructions to the public on submitting exemption
reports. Instructions and other information needed to make exemption
reports may be mailed to the vessel owner's address of record. NMFS
will bear no responsibility if a notification is sent to the address of
record for the vessel owner and is not received because the vessel
owner's actual address has changed without notification to NMFS. Owners
of vessels required to use VMS who do not receive instructions by mail
are responsible for contacting NMFS OLE during business hours at least
3 days before the exemption is required to be submitted to obtain
information needed to make exemption reports. NMFS OLE must be
contacted during business hours (Monday through Friday between 0800 and
1700 Pacific Time).
(ix) Valid exemption reports. For an exemption report to be valid,
it must be received by NMFS at least 2 hours and not more than 24 hours
before the exempted activities defined at paragraphs (d)(4)(i) through
(vi) of this section occur. An exemption report is valid until NMFS
receives a report canceling the exemption. An exemption cancellation
must be received at least 2 hours before the vessel re-enters the EEZ
following an outside areas exemption; at least 2 hours before the
vessel is placed back in the water following a haul out exemption; at
least 2 hours before the vessel operates following a maintenance
exemption; at least 2 hours before the vessel resumes fishing for a
species of fish or with gear requiring VMS in state or Federal waters
off the States of Washington, Oregon, or California after it has
received a permit exemption; or at least 2 hours before a vessel
resumes fishing in the open access fishery after a long-term departure
exemption. If a vessel is required to submit an activation report under
paragraph (d)(2)(i) of this section before returning to fish, that
report may substitute for the exemption cancellation. Initial contact
must be made with NMFS OLE not more than 24 hours after the time that
an emergency situation occurred in which VMS transmissions were
disrupted and followed by a written emergency exemption request within
72 hours from when the incident occurred. If the emergency situation
upon which an emergency exemption is based is resolved before the
exemption expires, an exemption cancellation must be received by NMFS
at least 2 hours before the vessel resumes fishing.
* * * * *
0
9. Amend Sec. 660.60 by revising paragraphs (c)(3)(i)(C) and
(h)(7)(ii)(A) to read as follows:
Sec. 660.60 Specifications and management measures.
* * * * *
(c) * * *
(3) * * *
(i) * * *
(C) Block Area Closures. BACs, as defined at Sec. 660.11, may be
closed or reopened, in the EEZ off Washington, Oregon and California,
for vessels taking and retaining groundfish using any gear (trawl or
non-trawl) in the EEZ consistent with the purposes described in this
paragraph (c)(3)(i).
* * * * *
(h) * * *
(7) * * *
(ii) * * *
(A) Fishing in limited entry and open access fisheries with
different trip limits. Open access trip limits apply to any fishing
conducted with open access gear, even if the vessel has a valid limited
entry permit with an endorsement for another type of gear. A vessel
that fishes in both the open access and limited entry fisheries is not
entitled to two separate trip limits for the same species. If a vessel
has a limited entry permit registered to it at any time during the trip
limit period and uses open access gear, but the open access limit is
smaller than the limited entry limit, the open access limit may not be
exceeded and counts toward the limited entry allocation as established
under the biennial groundfish harvest specifications. If a vessel has a
limited entry permit registered to it at any time during the trip limit
period and uses open access gear, but the open access limit is larger
than the limited entry limit, the smaller limited entry limit applies,
even if taken entirely with open access gear. These provisions do not
apply to:
(1) IFQ species (defined at Sec. 660.140(c)) for vessels that are
declared into the Shorebased IFQ Program (see Sec.
660.13(d)(4)(iv)(A)) for valid Shorebased IFQ Program declarations).
(2) Vessels with a valid limited entry permit endorsed for longline
and/or pot gear fishing inside the nontrawl RCA with stationary
vertical jig gear or groundfish troll gear as defined at Sec.
660.320(b)(6). Vessels fishing with one of these two approved hook-and-
line gear configurations may fish up to the limited entry fixed gear
trip limits in Table 2 (North) and Table 2 (South) of subpart E, either
inside or outside the nontrawl RCA. This provision only applies on
fishing trips where the vessel made the appropriate declaration
(specified at Sec. 660.13(d)(4)(iv)(A)).
* * * * *
0
10. Amend Sec. 660.70 by revising paragraphs (g) through (q) and
adding paragraphs (r) through (v) to read as follows:
Sec. 660.70 Groundfish Conservation areas.
* * * * *
(g) Tillamook YRCA. The Tillamook YRCA is an area off northern
Oregon intended to protect yelloweye rockfish. The Tillamook YRCA is
defined by straight lines connecting the following specific latitude
and longitude coordinates in the order listed:
(1) 45[deg]40.96' N lat.; 124[deg]27.52' W long.;
(2) 45[deg]40.96' N lat.; 124[deg]19.99' W long.;
(3) 45[deg]34.44' N lat.; 124[deg]14.48' W long.;
(4) 45[deg]31.93' N lat.; 124[deg]14.05' W long.;
(5) 45[deg]32.93' N lat.; 124[deg]22.54' W long.;
(6) 45[deg]36.95' N lat.; 124[deg]24.45' W long.;
[[Page 59848]]
(7) 45[deg]38.89' N lat.; 124[deg]25.92' W long.; and connecting
back to 45[deg]40.96' N lat.; 124[deg]27.52' W long.
(h) Newport YRCA. The Newport YRCA is an area off central Oregon
intended to protect yelloweye rockfish. The Newport YRCA is defined by
straight lines connecting the following specific latitude and longitude
coordinates in the order listed:
(1) 44[deg]46.00' N lat.; 124[deg]32.57' W long.;
(2) 44[deg]46.00' N lat.; 124[deg]32.00' W long.;
(3) 44[deg]42.00' N lat.; 124[deg]30.00' W long.;
(4) 44[deg]39.00' N lat.; 124[deg]30.00' W long.;
(5) 44[deg]39.00' N lat.; 124[deg]34.00' W long.;
(6) 44[deg]43.16' N lat.; 124[deg]34.00' W long.;
(7) 44[deg]44.54' N lat.; 124[deg]33.58' W long.; and connecting
back to 44[deg]46.00' N lat.; 124[deg]32.57' W long.
(i) Stonewall Bank Yelloweye Rockfish Conservation Area. The
Stonewall Bank YRCA is an area off central Oregon, near Stonewall Bank,
intended to protect yelloweye rockfish. The Stonewall Bank YRCA is
defined by straight lines connecting the following specific latitude
and longitude coordinates in the order listed:
(1) 44[deg]37.46' N lat.; 124[deg]24.92' W long.;
(2) 44[deg]37.46' N lat.; 124[deg]23.63' W long.;
(3) 44[deg]28.71' N lat.; 124[deg]21.80' W long.;
(4) 44[deg]28.71' N lat.; 124[deg]24.10' W long.;
(5) 44[deg]31.42' N lat.; 124[deg]25.47' W long.; and connecting
back to 44[deg]37.46' N lat.; 124[deg]24.92' W long.
(j) Stonewall Bank Yelloweye Rockfish Conservation Area, Expansion
1. The Stonewall Bank Yelloweye Rockfish Conservation Area (YRCA)
Expansion 1 is an area off central Oregon, near Stonewall Bank,
intended to protect yelloweye rockfish. The Stonewall Bank YRCA
Expansion 1 is defined by straight lines connecting the following
specific latitude and longitude coordinates in the order listed:
(1) 44[deg]41.76' N lat.; 124[deg]30.02' W long.;
(2) 44[deg]41.73' N lat.; 124[deg]21.60' W long.;
(3) 44[deg]25.25' N lat.; 124[deg]16.94' W long.;
(4) 44[deg]25.29' N lat.; 124[deg]30.14' W long.;
(5) 44[deg]41.76' N lat.; 124[deg]30.02' W long.; and connecting
back to 44[deg]41.76' N lat.; 124[deg]30.02' W long.
(k) Stonewall Bank Yelloweye Rockfish Conservation Area, Expansion
2. The Stonewall Bank Yelloweye Rockfish Conservation Area (YRCA)
Expansion 2 is an area off central Oregon, near Stonewall Bank,
intended to protect yelloweye rockfish. The Stonewall Bank YRCA
Expansion 2 is defined by straight lines connecting the following
specific latitude and longitude coordinates in the order listed:
(1) 44[deg]38.54' N lat.; 124[deg]27.41' W long.;
(2) 44[deg]38.54' N lat.; 124[deg]23.86' W long.;
(3) 44[deg]27.13' N lat.; 124[deg]21.50' W long.;
(4) 44[deg]27.13' N lat.; 124[deg]26.89' W long.;
(5) 44[deg]31.30' N lat.; 124[deg]28.35' W long.; and connecting
back to 44[deg]38.54' N lat.; 124[deg]27.41' W long.
(l) Florence YRCA. The Florence YRCA is an area off central Oregon
intended to protect yelloweye rockfish. The Florence YRCA is defined by
straight lines connecting the following specific latitude and longitude
coordinates in order listed:
(1) 44[deg]30.04' N lat.; 124[deg]42.31' W long.;
(2) 44[deg]30.19' N lat.; 124[deg]40.46' W long.;
(3) 44[deg]25.00' N lat.; 124[deg]37.00' W long.;
(4) 44[deg]25.00' N lat.; 124[deg]45.00' W long.;
(5) 44[deg]26.71' N lat.; 124[deg]45.00' W long.; and connecting
back to 44[deg]30.04' N lat.; 124[deg]42.31' W long.
(m) Heceta Bank YRCA. The Heceta Bank YRCA is an area off central
Oregon intended to protect yelloweye rockfish. The Heceta Bank YRCA is
defined by straight lines connecting the following specific latitude
and longitude coordinates in order listed:
(1) 44[deg]16.28' N lat., 124[deg]47.86' W long.;
(2) 44[deg]15.38' N lat., 124[deg]49.86' W long.;
(3) 44[deg]14.49' N lat., 124[deg]51.82' W long.;
(4) 44[deg]14.01' N lat., 124[deg]52.88' W long.;
(5) 44[deg]13.47' N lat., 124[deg]54.08' W long.;
(6) 44[deg]12.72' N lat., 124[deg]54.07' W long.;
(7) 44[deg]11.53' N lat., 124[deg]54.06' W long.;
(8) 44[deg]08.72' N lat., 124[deg]54.02' W long.;
(9) 44[deg]06.68' N lat., 124[deg]54.00' W long.;
(10) 44[deg]05.34' N lat., 124[deg]53.10' W long.;
(11) 44[deg]02.88' N lat., 124[deg]53.96' W long.;
(12) 44[deg]02.18' N lat., 124[deg]54.29' W long.;
(13) 44[deg]00.14' N lat., 124[deg]55.25' W long.;
(14) 43[deg]58.36' N lat., 124[deg]55.42' W long.;
(15) 43[deg]57.68' N lat., 124[deg]55.48' W long.;
(16) 43[deg]56.66' N lat., 124[deg]55.45' W long.;
(17) 43[deg]56.65' N lat., 124[deg]55.49' W long.;
(18) 43[deg]56.64' N lat., 124[deg]56.53' W long.;
(19) 43[deg]56.74' N lat., 124[deg]56.74' W long.;
(20) 43[deg]59.18' N lat., 124[deg]56.94' W long.;
(21) 44[deg]00.45' N lat., 124[deg]56.35' W long.;
(22) 44[deg]02.34' N lat., 124[deg]55.49' W long.;
(23) 44[deg]04.81' N lat., 124[deg]55.65' W long.;
(24) 44[deg]06.45' N lat., 124[deg]55.78' W long.;
(25) 44[deg]08.47' N lat., 124[deg]55.93' W long.;
(26) 44[deg]09.85' N lat., 124[deg]56.04' W long.;
(27) 44[deg]11.34' N lat., 124[deg]56.16' W long.;
(28) 44[deg]12.92' N lat., 124[deg]56.28' W long.;
(29) 44[deg]14.06' N lat., 124[deg]55.10' W long.;
(30) 44[deg]15.32' N lat., 124[deg]53.79' W long.;
(31) 44[deg]16.90' N lat., 124[deg]52.16' W long.;
(32) 44[deg]16.96' N lat., 124[deg]52.11' W long.;
(33) 44[deg]16.96' N lat., 124[deg]51.95' W long.;
(34) 44[deg]17.02' N lat., 124[deg]48.02' W long.;
(35) 44[deg]17.02' N lat., 124[deg]47.47' W long.; and connecting
back to 44[deg]16.28' N lat., 124[deg]47.86' W long.
(n) Point St. George YRCA. The Point St. George YRCA is an area off
the northern California coast, northwest of Point St. George, intended
to protect yelloweye rockfish. The Point St. George YRCA is defined by
straight lines connecting the following specific latitude and longitude
coordinates in the order listed:
(1) 41[deg]51.00' N lat., 124[deg]23.75' W long.;
(2) 41[deg]51.00' N lat., 124[deg]20.75' W long.;
(3) 41[deg]48.00' N lat., 124[deg]20.75' W long.;
(4) 41[deg]48.00' N lat., 124[deg]23.75' W long.; and connecting
back to 41[deg]51.00' N lat., 124[deg]23.75' W long.
(o) South Reef YRCA. The South Reef YRCA is an area off the
northern California coast, southwest of Crescent City, intended to
protect yelloweye
[[Page 59849]]
rockfish. The South Reef YRCA is defined by straight lines connecting
the following specific latitude and longitude coordinates in the order
listed:
(1) 41[deg]42.20' N lat., 124[deg]16.00' W long.;
(2) 41[deg]42.20' N lat., 124[deg]13.80' W long.;
(3) 41[deg]40.50' N lat., 124[deg]13.80' W long.;
(4) 41[deg]40.50' N lat., 124[deg]16.00' W long.; and connecting
back to 41[deg]42.20' N lat., 124[deg]16.00' W long.
(p) Reading Rock YRCA. The Reading Rock YRCA is an area off the
northern California coast, between Crescent City and Eureka, intended
to protect yelloweye rockfish. The Reading Rock YRCA is defined by
straight lines connecting the following specific latitude and longitude
coordinates in the order listed:
(1) 41[deg]21.50' N lat., 124[deg]12.00' W long.;
(2) 41[deg]21.50' N lat., 124[deg]10.00' W long.;
(3) 41[deg]20.00' N lat., 124[deg]10.00' W long.;
(4) 41[deg]20.00' N lat., 124[deg]12.00' W long.; and connecting
back to 41[deg]21.50' N lat., 124[deg]12.00' W long.
(q) Point Delgada YRCAs. The Point Delgada YRCAs are two areas off
the northern California coast, south of Point Delgada and Shelter Cove,
intended to protect yelloweye rockfish. The Northern Point Delgada YRCA
is defined by straight lines connecting the following specific latitude
and longitude coordinates in the order listed:
(1) 39[deg]59.00' N lat., 124[deg]05.00' W long.;
(2) 39[deg]59.00' N lat., 124[deg]03.00' W long.;
(3) 39[deg]57.00' N lat., 124[deg]03.00' W long.;
(4) 39[deg]57.00' N lat., 124[deg]05.00' W long.; and connecting
back to 39[deg]59.00' N lat., 124[deg]05.00' W long.
(r) Southern Point Delgada YRCA. The Southern Point Delgada YRCA is
defined by straight lines connecting the following specific latitude
and longitude coordinates in the order listed:
(1) 39[deg]57.00' N lat., 124[deg]05.00' W long.;
(2) 39[deg]57.00' N lat., 124[deg]02.00' W long.;
(3) 39[deg]54.00' N lat., 124[deg]02.00' W long.;
(4) 39[deg]54.00' N lat., 124[deg]05.00' W long.; and connecting
back to 39[deg]57.00' N lat., 124[deg]05.00' W long.
(s) Cowcod Conservation Areas. The Cowcod Conservation Areas (CCAs)
are two areas off the southern California coast intended to protect
cowcod.
(1) Western CCA. The Western CCA is an area south of Point
Conception defined by the straight lines connecting the following
specific latitude and longitude coordinates in the order listed and
connecting back to 33[deg]50.00' N lat., 119[deg]30.00' W long.:
(i) 33[deg]50.00' N lat., 119[deg]30.00' W long.;
(ii) 33[deg]50.00' N lat., 118[deg]50.00' W long.;
(iii) 32[deg]20.00' N lat., 118[deg]50.00' W long.;
(iv) 32[deg]20.00' N lat., 119[deg]37.00' W long.;
(v) 33[deg]00.00' N lat., 119[deg]37.00' W long.;
(vi) 33[deg]00.00' N lat., 119[deg]53.00' W long.;
(vii) 33[deg]33.00' N lat., 119[deg]53.00' W long.; and
(viii) 33[deg]33.00' N lat., 119[deg]30.00' W long.
(2) Transit corridor. The Western CCA transit corridor is bounded
on the north by the latitude line at 33[deg]00.50' N lat., and bounded
on the south by the latitude line at 32[deg]59.50' N lat.
(3) Eastern CCA. The Eastern CCA is an area west of San Diego
defined by the straight lines connecting the following specific
latitude and longitude coordinates in the order listed and connecting
back to 32[deg]42.00' N lat., 118[deg]02.00' W long.:
(i) 32[deg]42.00' N lat., 118[deg]02.00' W long.;
(ii) 32[deg]42.00' N lat., 117[deg]50.00' W long.;
(iii) 32[deg]36.70' N lat., 117[deg]50.00' W long.;
(iv) 32[deg]30.00' N lat., 117[deg]53.50' W long.; and
(v) 32[deg]30.00' N lat., 118[deg]02.00' W long.
(t) Groundfish Exclusion Areas. The Groundfish Exclusion Areas
(GEAs) are eight areas south of Point Conception intended to protect
sensitive areas, including areas with coral and sea pens.
(1) Hidden Reef. The Hidden Reef GEA is defined by the straight
lines connecting the following specific latitude and longitude
coordinates in the order listed and connecting back to 33[deg]46.14' N
lat., 119[deg]10.45' W long.:
(i) 33[deg]46.14' N lat., 119[deg]10.45' W long.;
(ii) 33[deg]46.14' N lat., 119[deg]05.96' W long.;
(iii) 33[deg]41.40' N lat., 119[deg]05.96' W long.; and
(iv) 33[deg]41.40' N lat., 119[deg]10.45' W long.
(2) West of Santa Barbara Island. The West of Santa Barbara Island
GEA is defined by the straight lines connecting the following specific
latitude and longitude coordinates in the order listed and connecting
back to 33[deg]33.64' N lat., 119[deg]18.54' W long.:
(i) 33[deg]33.64' N lat., 119[deg]18.54' W long.;
(ii) 33[deg]33.64' N lat., 119[deg]07.57' W long.;
(iii) 33[deg]27.90' N lat., 119[deg]07.57' W long; and
(iv) 33[deg]27.90' N lat., 119[deg]18.54' W long.
(3) Potato Bank. The Potato Bank GEA is defined by the straight
lines connecting the following specific latitude and longitude
coordinates in the order listed and connecting back to 33[deg]21.00' N
lat., 119[deg]52.10' W long.:
(i) 33[deg]21.00' N lat., 119[deg]52.10' W long.;
(ii) 33[deg]21.00' N lat., 119[deg]45.67' W long.;
(iii) 33[deg]10.10' N lat., 119[deg]45.67' W long.; and
(iv) 33[deg]10.10' N lat., 119[deg]52.10' W long.
(4) 107/118 Bank. The 107/118 Bank GEA is defined by the straight
lines connecting the following specific latitude and longitude
coordinates in the order listed and connecting back to 33[deg]05.51' N
lat., 119[deg]41.29' W long.:
(i) 33[deg]05.51' N lat., 119[deg]41.29' W long.;
(ii) 33[deg]08.64' N lat., 119[deg]36.71' W long.;
(iii) 33[deg]03.50' N lat., 119[deg]31.69' W long.; and
(iv) 33[deg]00.36' N lat., 119[deg]36.27' W long.
(5) Cherry Bank. The Cherry Bank GEA is defined by the straight
lines connecting the following specific latitude and longitude
coordinates in the order listed and connecting back to 32[deg]50.86' N
lat., 119[deg]29.40' W long.:
(i) 32[deg]50.86' N lat., 119[deg]29.40' W long.;
(ii) 32[deg]56.96' N lat., 119[deg]19.82' W long.;
(iii) 32[deg]54.69' N lat., 119[deg]17.78' W long.; and
(iv) 32[deg]48.59' N lat., 119[deg]27.35' W long.
(6) Seamount 109. The Seamount 109 GEA is defined by the straight
lines connecting the following specific latitude and longitude
coordinates in the order listed and connecting back to 32[deg]43.75' N
lat., 119[deg]37.00' W long.:
(i) 32[deg]43.75' N lat., 119[deg]37.00' W long.;
(ii) 32[deg]43.75' N lat., 119[deg]34.29' W long.;
(iii) 32[deg]31.95' N lat., 119[deg]26.94' W long.;
(iv) 32[deg]30.47' N lat., 119[deg]29.71' W long.; and
(v) 32[deg]39.54' N lat., 119[deg]37.00' W long.
(7) 43-Fathom Spot. The 43-Fathom Spot GEA is defined by the
straight lines
[[Page 59850]]
connecting the following specific latitude and longitude coordinates in
the order listed and connecting back to 32[deg]42.00' N lat.,
118[deg]00.05' W long.:
(i) 32[deg]42.00' N lat., 118[deg]00.05' W long.;
(ii) 32[deg]42.00' N lat., 117[deg]50.00' W long.;
(iii) 32[deg]36.70' N lat., 117[deg]50.00' W long.;
(iv) 32[deg]36.18' N lat., 117[deg]50.23' W long.; and
(v) 32[deg]36.18' N lat., 118[deg]00.05' W long.
(8) Northeast Bank. The Northeast Bank GEA is defined by the
straight lines connecting the following specific latitude and longitude
coordinates in the order listed and connecting back to 32[deg]27.39' N
lat., 119[deg]37.00' W long.:
(i) 32[deg]27.39' N lat., 119[deg]37.00' W long.;
(ii) 32[deg]27.39' N lat., 119[deg]31.60' W long.;
(iii) 32[deg]19.91' N lat., 119[deg]31.60' W long.; and
(iv) 32[deg]19.91' N lat., 119[deg]37.00' W long.
(u) Farallon Islands. The Farallon Islands, off San Francisco and
San Mateo Counties, include Southeast Farallon Island, Middle Farallon
Island, North Farallon Island and Noon Day Rock. Generally, the State
of California prohibits fishing for groundfish between the shoreline
and the 10-fm (18-m) depth contour around the Farallon Islands.
(v) Cordell Bank. Cordell Bank is located offshore of California's
Marin County. Generally, fishing for groundfish is prohibited within
Cordell Bank as defined by specific latitude and longitude coordinates.
The Cordell Bank closed area is defined by straight lines connecting
the following specific latitude and longitude coordinates in the order
listed:
0
11. Amend Sec. 660.72 by:
0
a. Redesignating paragraphs (j) through (m) as (r) through (u);
0
b. Redesignating paragraphs (f) through (i) as (j) through (m);
0
c. Adding new paragraphs (f) through (i);
0
d. Adding paragraphs (n) through (q);
0
e. Revising newly redesignated paragraphs (r)(139) through (142) and
(186);
0
f. Adding new paragraphs (v) through (y).
The revisions and additions read as follows:
Sec. 660.72 Latitude/longitude coordinates defining the 50 fm (91 m)
through 75 fm (137 m) depth contours.
* * * * *
(f) The 50 fm (91 m) depth contour around Santa Barbara Island off
the state of California is defined by straight lines connecting all of
the following points in the order stated:
(1) 33[deg]31.77' N lat., 119[deg]3.41' W long.;
(2) 33[deg]29.66' N lat., 119[deg]5.86' W long.;
(3) 33[deg]26.94' N lat., 119[deg]2.95' W long.;
(4) 33[deg]27.08' N lat., 119[deg]0.51' W long.;
(5) 33[deg]28.82' N lat., 118[deg]59.42' W long.;
(6) 33[deg]30.67' N lat., 119[deg]0.88' W long.; and
(7) 33[deg]31.77' N lat., 119[deg]3.41' W long.
(g) The 50 fm (91 m) depth contour around Tanner Bank off the state
of California is defined by straight lines connecting all of the
following points in the order stated:
(1) 32[deg]45.53' N lat., 119[deg]13.28' W long.;
(2) 32[deg]43.98' N lat., 119[deg]15.05' W long.;
(3) 32[deg]38.45' N lat., 119[deg]4.92' W long.;
(4) 32[deg]41.44' N lat., 119[deg]3.71' W long.;
(5) 32[deg]45.02' N lat., 119[deg]11.08' W long.; and
(6) 32[deg]45.53' N lat., 119[deg]13.28' W long.
(h) The 50 fm (91 m) depth contour around San Nicholas Island off
the state of California is defined by straight lines connecting all of
the following points in the order stated:
(1) 33[deg]22.14' N lat., 119[deg]42.12' W long.;
(2) 33[deg]17.68' N lat., 119[deg]43.24' W long.;
(3) 33[deg]15.29' N lat., 119[deg]39.32' W long.;
(4) 33[deg]11.98' N lat., 119[deg]29.64' W long.;
(5) 33[deg]11.6' N lat., 119[deg]27.26' W long.;
(6) 33[deg]12.99' N lat., 119[deg]16.36' W long.;
(7) 33[deg]14.43' N lat., 119[deg]17.42' W long.;
(8) 33[deg]17.2' N lat., 119[deg]23.16' W long.;
(9) 33[deg]20.73' N lat., 119[deg]27.33' W long.; and
(10) 33[deg]22.14' N lat., 119[deg]42.12' W long.
(i) The 50 fm (91 m) depth contour around Cortes Bank off the state
of California is defined by straight lines connecting all of the
following points in the order stated:
(1) 32[deg]35.89' N lat., 119[deg]18.39' W long.;
(2) 32[deg]31.93' N lat., 119[deg]20.54' W long.;
(3) 32[deg]29.47' N lat., 119[deg]14.81' W long.;
(4) 32[deg]28.14' N lat., 119[deg]14.94' W long.;
(5) 32[deg]24.37' N lat., 119[deg]3.69' W long.;
(6) 32[deg]24.5' N lat., 119[deg]0.52' W long.;
(7) 32[deg]26.04' N lat., 119[deg]0.46' W long.; and
(8) 32[deg]35.89' N lat., 119[deg]18.39' W long.
* * * * *
(n) The 60 fm (110 m) depth contour around Santa Barbara Island off
the state of California is defined by straight lines connecting all of
the following points in the order stated:
(1) 33[deg]32.34' N lat., 119[deg]3.85' W long.;
(2) 33[deg]28.79' N lat., 119[deg]6.76' W long.;
(3) 33[deg]26.46' N lat., 119[deg]3.12' W long.;
(4) 33[deg]27.08' N lat., 119[deg]0.37' W long.;
(5) 33[deg]28.86' N lat., 118[deg]59.31' W long.;
(6) 33[deg]30.82' N lat., 119[deg]0.97' W long.; and
(7) 33[deg]32.34' N lat., 119[deg]3.85' W long.
(o) The 60 fm (91 m) depth contour around Tanner Bank off the state
of California is defined by straight lines connecting all of the
following points in the order stated:
(1) 32[deg]45.65' N lat., 119[deg]13.29' W long.;
(2) 32[deg]44.21' N lat., 119[deg]15.68' W long.;
(3) 32[deg]37.4' N lat., 119[deg]4.89' W long.;
(4) 32[deg]41.42' N lat., 119[deg]3.32' W long.;
(5) 32[deg]45.66' N lat., 119[deg]12.1' W long.; and
(6) 32[deg]45.65' N lat., 119[deg]13.29' W long.
(p) The 60 fm (110 m) depth contour around San Nicholas Island off
the state of California is defined by straight lines connecting all of
the following points in the order stated:
(1) 33[deg]26.41' N lat., 119[deg]39.84' W long.;
(2) 33[deg]22.94' N lat., 119[deg]47.34' W long.;
(3) 33[deg]16.39' N lat., 119[deg]42.64' W long.;
(4) 33[deg]11.86' N lat., 119[deg]29.61' W long.;
(5) 33[deg]11.52' N lat., 119[deg]27.25' W long.;
(6) 33[deg]12.97' N lat., 119[deg]16.3' W long.;
(7) 33[deg]14.48' N lat., 119[deg]17.42' W long.;
(8) 33[deg]17.23' N lat., 119[deg]23.14' W long.;
(9) 33[deg]21.21' N lat., 119[deg]27.84' W long.;
(10) 33[deg]22.65' N lat., 119[deg]34.31' W long.; and
(11) 33[deg]26.41' N lat., 119[deg]39.84' W long.
(q) The 60 fm (110 m) depth contour around Cortes Bank off the
state of California is defined by straight lines connecting all of the
following points in the order stated:
(1) 32[deg]36.79' N lat., 119[deg]18.81' W long.;
(2) 32[deg]31.94' N lat., 119[deg]20.75' W long.;
(3) 32[deg]29.5' N lat., 119[deg]15' W long.;
(4) 32[deg]27.95' N lat., 119[deg]15.12' W long.;
(5) 32[deg]24.03' N lat., 119[deg]3.72' W long.;
(6) 32[deg]24.46' N lat., 118[deg]59.56' W long.;
[[Page 59851]]
(7) 32[deg]25.42' N lat., 118[deg]59.42' W long.;
(8) 32[deg]27.41' N lat., 119[deg]1.99' W long.; and
(9) 32[deg]36.79' N lat., 119[deg]18.81' W long.
(r) * * *
(139) 38[deg]04.16' N lat., 123[deg]19.05' W long.;
(140) 38[deg]03.18' N lat., 123[deg]20.77' W long.;
(141) 38[deg]00.00' N lat., 123[deg]23.08' W long.;
(142) 37[deg]55.07' N lat., 123[deg]26.81' W long.;
* * * * *
(186) 36[deg]10.28' N lat., 121[deg]43.06' W long.;
* * * * *
(v) The 75 fm (137 m) depth contour around Santa Barbara Island off
the state of California is defined by straight lines connecting all of
the following points in the order stated:
(1) 33[deg]33.58' N lat., 119[deg]4.84' W long.;
(2) 33[deg]33.2' N lat., 119[deg]5.37' W long.;
(3) 33[deg]31.75' N lat., 119[deg]4.61' W long.;
(4) 33[deg]28.67' N lat., 119[deg]7.06' W long.;
(5) 33[deg]26.38' N lat., 119[deg]3.24' W long.;
(6) 33[deg]27.08' N lat., 119[deg]0.26' W long.;
(7) 33[deg]28.85' N lat., 118[deg]59.21' W long.;
(8) 33[deg]30.85' N lat., 119[deg]0.94' W long.;
(9) 33[deg]31.91' N lat., 119[deg]2.98' W long.; and
(10) 33[deg]33.58' N lat., 119[deg]4.84' W long.
(w) The 75 fm (137 m) depth contour around Tanner Bank off the
state of California is defined by straight lines connecting all of the
following points in the order stated:
(1) 32[deg]45.66' N lat., 119[deg]14.45' W long.;
(2) 32[deg]44.19' N lat., 119[deg]15.9' W long.;
(3) 32[deg]37.02' N lat., 119[deg]4.65' W long.;
(4) 32[deg]41.45' N lat., 119[deg]3.14' W long.;
(5) 32[deg]45.77' N lat., 119[deg]11.93' W long.; and
(6) 32[deg]45.66' N lat., 119[deg]14.45' W long.
(x) The 75 fm (137 m) depth contour around San Nicholas Island off
the state of California is defined by straight lines connecting all of
the following points in the order stated:
(1) 33[deg]30.94' N lat., 119[deg]45.06' W long.;
(2) 33[deg]28.59' N lat., 119[deg]52.02' W long.;
(3) 33[deg]16.05' N lat., 119[deg]43.86' W long.;
(4) 33[deg]15.2' N lat., 119[deg]39.36' W long.;
(5) 33[deg]11.71' N lat., 119[deg]29.48' W long.;
(6) 33[deg]11.39' N lat., 119[deg]26.58' W long.;
(7) 33[deg]12.96' N lat., 119[deg]16.23' W long.;
(8) 33[deg]14.52' N lat., 119[deg]17.42' W long.;
(9) 33[deg]17.24' N lat., 119[deg]23.09' W long.;
(10) 33[deg]21.24' N lat., 119[deg]27.83' W long.;
(11) 33[deg]22.71' N lat., 119[deg]33.54' W long.; and
(12) 33[deg]30.94' N lat., 119[deg]45.06' W long.
(y) The 75 fm (137 m) depth contour around Cortes Bank off the
state of California is defined by straight lines connecting all of the
following points in the order stated:
(1) 32[deg]37.38' N lat., 119[deg]19.45' W long.;
(2) 32[deg]31.9' N lat., 119[deg]20.9' W long.;
(3) 32[deg]29.52' N lat.; 119[deg]15.94' W long.;
(4) 32[deg]29.64' N lat.; 119[deg]15.4' W long.;
(5) 32[deg]29.24' N lat.; 119[deg]15.09' W long.;
(6) 32[deg]27.82' N lat., 119[deg]15.3' W long.;
(7) 32[deg]23.85' N lat., 119[deg]3.95' W long.;
(8) 32[deg]24.53' N lat., 118[deg]58.2' W long.;
(9) 32[deg]27.1' N lat., 119[deg]1.2' W long.; and
(10) 32[deg]37.38' N lat., 119[deg]19.45' W long.
* * * * *
0
12. Amend Sec. 660.73 by:
0
a. Redesignating paragraphs (i) through (m) as (p) through (t);
0
b. Redesignating paragraphs (e) through (h) as (i) through (l);
0
c. Adding new paragraphs (e) through (h);
0
d. Adding new paragraphs (m) through (o); and
0
e. Adding new paragraphs (u) through (y).
The revisions and additions read as follows:
Sec. 660.73 Latitude/longitude coordinates defining the 100 fm (183
m) through 150 fm (274 m) depth contours.
* * * * *
(e) The 100 fm (183 m) depth contour around Santa Barbara Island
off the state of California is defined by straight lines connecting all
of the following points in the order stated:
(1) 33[deg]33.85' N lat., 119[deg]4.87' W long.;
(2) 33[deg]33.27' N lat., 119[deg]5.67' W long.;
(3) 33[deg]31.9' N lat., 119[deg]5.08' W long.;
(4) 33[deg]28.62' N lat., 119[deg]7.28' W long.;
(5) 33[deg]27.04' N lat., 119[deg]5.84' W long.;
(6) 33[deg]26.2' N lat., 119[deg]3.24' W long.;
(7) 33[deg]27.07' N lat., 118[deg]59.96' W long.;
(8) 33[deg]28.7' N lat., 118[deg]58.76' W long.;
(9) 33[deg]31' N lat., 119[deg]1.02' W long.;
(10) 33[deg]31.99' N lat., 119[deg]2.86' W long.; and
(11) 33[deg]33.85' N lat., 119[deg]4.87' W long.
(f) The 100 fm (183 m) depth contour around Tanner Bank off the
state of California is defined by straight lines connecting all of the
following points in the order stated:
(1) 32[deg]45.92' N lat., 119[deg]14.6' W long.;
(2) 32[deg]44.34' N lat., 119[deg]16.43' W long.;
(3) 32[deg]36.75' N lat., 119[deg]4.51' W long.;
(4) 32[deg]41.41' N lat., 119[deg]2.93' W long.;
(5) 32[deg]45.85' N lat., 119[deg]10.62' W long.; and
(6) 32[deg]45.92' N lat., 119[deg]14.6' W long.
(g) The 100 fm (183 m) depth contour around San Nicholas Island off
the state of California is defined by straight lines connecting all of
the following points in the order stated:
(1) 33[deg]31.37' N lat., 119[deg]44.84' W long.;
(2) 33[deg]28.82' N lat., 119[deg]52.19' W long.;
(3) 33[deg]25.43' N lat., 119[deg]51.27' W long.;
(4) 33[deg]18.01' N lat., 119[deg]47.18' W long.;
(5) 33[deg]15.8' N lat., 119[deg]43.64' W long.;
(6) 33[deg]14.22' N lat., 119[deg]37' W long.;
(7) 33[deg]11.56' N lat., 119[deg]29.58' W long.;
(8) 33[deg]11.28' N lat., 119[deg]26.54' W long.;
(9) 33[deg]12.94' N lat., 119[deg]15.86' W long.;
(10) 33[deg]14.48' N lat., 119[deg]16.97' W long.;
(11) 33[deg]17.33' N lat., 119[deg]22.93' W long.;
(12) 33[deg]21.28' N lat., 119[deg]27.66' W long.;
(13) 33[deg]23.38' N lat., 119[deg]33.29' W long.; and
(14) 33[deg]31.37' N lat., 119[deg]44.84' W long.
(h) The 100 fm (183 m) depth contour around Cortes Bank off the
state of California is defined by straight lines connecting all of the
following points in the order stated:
(1) 32[deg]37.79' N lat., 119[deg]19.68' W long.;
(2) 32[deg]36.19' N lat., 119[deg]21.84' W long.;
(3) 32[deg]33.16' N lat., 119[deg]21.76' W long.;
(4) 32[deg]30.92' N lat., 119[deg]20.46' W long.;
(5) 32[deg]29.25' N lat., 119[deg]15.93' W long.;
(6) 32[deg]29.44' N lat., 119[deg]15.44' W long.;
(7) 32[deg]29.23' N lat., 119[deg]15.23' W long.;
(8) 32[deg]27.48' N lat., 119[deg]15.56' W long.;
(9) 32[deg]23.19' N lat., 119[deg]3.23' W long.;
(10) 32[deg]22.94' N lat., 118[deg]57.58' W long.;
(11) 32[deg]24.47' N lat., 118[deg]57.61' W long.;
(12) 32[deg]27.3' N lat., 119[deg]1.06' W long.; and
[[Page 59852]]
(13) 32[deg]37.79' N lat., 119[deg]19.68' W long.
* * * * *
(m) The 125 fm (229 m) depth contour around Santa Barbara Island
off the state of California is defined by straight lines connecting all
of the following points in the order stated:
(1) 33[deg]33.96' N lat., 119[deg]4.88' W long.;
(2) 33[deg]33.28' N lat., 119[deg]5.88' W long.;
(3) 33[deg]30.98' N lat., 119[deg]6.32' W long.;
(4) 33[deg]28.52' N lat., 119[deg]7.7' W long.;
(5) 33[deg]26.93' N lat., 119[deg]5.94' W long.;
(6) 33[deg]25.96' N lat., 119[deg]3.34' W long.;
(7) 33[deg]27.01' N lat., 118[deg]59.73' W long.;
(8) 33[deg]28.68' N lat., 118[deg]58.43' W long.;
(9) 33[deg]31.2' N lat., 119[deg]1.09' W long.;
(10) 33[deg]32.04' N lat., 119[deg]2.77' W long.; and
(11) 33[deg]33.96' N lat., 119[deg]4.88' W long.
(n) The 125 fm (229 m) depth contour around Tanner Bank and Cortes
Bank off the state of California is defined by straight lines
connecting all of the following points in the order stated:
(1) 32[deg]46.01' N lat., 119[deg]14.63' W long.;
(2) 32[deg]44.35' N lat., 119[deg]16.58' W long.;
(3) 32[deg]40.85' N lat., 119[deg]11.61' W long.;
(4) 32[deg]38.93' N lat., 119[deg]11.9' W long.;
(5) 32[deg]41.32' N lat., 119[deg]18.11' W long.;
(6) 32[deg]36.16' N lat., 119[deg]22.16' W long.;
(7) 32[deg]33.09' N lat., 119[deg]21.89' W long.;
(8) 32[deg]30.73' N lat., 119[deg]20.43' W long.;
(9) 32[deg]28.94' N lat., 119[deg]15.4' W long.;
(10) 32[deg]27.46' N lat., 119[deg]15.62' W long.;
(11) 32[deg]24.58' N lat., 119[deg]9.83' W long.;
(12) 32[deg]22.97' N lat., 119[deg]3' W long.;
(13) 32[deg]22.03' N lat., 118[deg]56.26' W long.;
(14) 32[deg]24.63' N lat., 118[deg]57.54' W long.;
(15) 32[deg]34.72' N lat., 119[deg]10.24' W long.;
(16) 32[deg]37.93' N lat., 119[deg]7.88' W long.;
(17) 32[deg]36.55' N lat., 119[deg]4.42' W long.;
(18) 32[deg]41.5' N lat., 119[deg]2.65' W long.;
(19) 32[deg]45.98' N lat., 119[deg]10.71' W long.; and
(20) 32[deg]46.01' N lat., 119[deg]14.63' W long.
(o) The 125 fm (229 m) depth contour around San Nicholas Island off
the state of California is defined by straight lines connecting all of
the following points in the order stated:
(1) 33[deg]31.65' N lat., 119[deg]44.84' W long.;
(2) 33[deg]28.91' N lat., 119[deg]52.35' W long.;
(3) 33[deg]25.39' N lat., 119[deg]51.44' W long.;
(4) 33[deg]17.94' N lat., 119[deg]47.31' W long.;
(5) 33[deg]15.33' N lat., 119[deg]43.4' W long.;
(6) 33[deg]14.03' N lat., 119[deg]37.02' W long.;
(7) 33[deg]11.49' N lat., 119[deg]29.58' W long.;
(8) 33[deg]11.21' N lat., 119[deg]26.46' W long.;
(9) 33[deg]12.9' N lat., 119[deg]15.74' W long.;
(10) 33[deg]14.51' N lat., 119[deg]14.92' W long.;
(11) 33[deg]14.76' N lat., 119[deg]17.07' W long.;
(12) 33[deg]17.44' N lat., 119[deg]22.82' W long.;
(13) 33[deg]21.37' N lat., 119[deg]27.53' W long.;
(14) 33[deg]23.44' N lat., 119[deg]33.11' W long.; and
(15) 33[deg]31.65' N lat., 119[deg]44.84' W long.
* * * * *
(u) The 150 fm (274 m) depth contour around Santa Barbara Island
off the state of California is defined by straight lines connecting all
of the following points in the order stated:
(1) 33[deg]34.6' N lat., 119[deg]4.57' W long.;
(2) 33[deg]33.13' N lat., 119[deg]6.65' W long.;
(3) 33[deg]28.13' N lat., 119[deg]8.17' W long.;
(4) 33[deg]25.55' N lat., 119[deg]3.64' W long.;
(5) 33[deg]26.96' N lat., 118[deg]59.58' W long.;
(6) 33[deg]28.68' N lat., 118[deg]58.24' W long.; and
(7) 33[deg]34.6' N lat., 119[deg]4.57' W long.;
(v) The 150 fm (274 m) depth contour around Tanner Bank and Cortes
Bank off the state of California is defined by straight lines
connecting all of the following points in the order stated:
(1) 32[deg]46.12' N lat., 119[deg]14.73' W long.;
(2) 32[deg]44.37' N lat., 119[deg]16.82' W long.;
(3) 32[deg]41.02' N lat., 119[deg]12.01' W long.;
(4) 32[deg]39.28' N lat., 119[deg]12.18' W long.;
(5) 32[deg]41.46' N lat., 119[deg]18.28' W long.;
(6) 32[deg]36.17' N lat., 119[deg]22.31' W long.;
(7) 32[deg]32.97' N lat., 119[deg]22' W long.;
(8) 32[deg]30.57' N lat., 119[deg]20.54' W long.;
(9) 32[deg]28.94' N lat., 119[deg]15.53' W long.;
(10) 32[deg]27.45' N lat., 119[deg]15.79' W long.;
(11) 32[deg]24.86' N lat., 119[deg]12.93' W long.;
(12) 32[deg]21.43' N lat., 118[deg]55.1' W long.;
(13) 32[deg]24.67' N lat., 118[deg]57.37' W long.;
(14) 32[deg]34.34' N lat., 119[deg]9.28' W long.;
(15) 32[deg]37.39' N lat., 119[deg]7.54' W long.;
(16) 32[deg]36.38' N lat., 119[deg]4.32' W long.;
(17) 32[deg]41.59' N lat., 119[deg]2.46' W long.;
(18) 32[deg]46.07' N lat., 119[deg]10.68' W long.; and
(19) 32[deg]46.12' N lat., 119[deg]14.73' W long.
(w) The 150 fm (274 m) depth contour around San Nicholas Island off
the state of California is defined by straight lines connecting all of
the following points in the order stated:
(1) 33[deg]33.22' N lat., 119[deg]46.7' W long.;
(2) 33[deg]28.97' N lat., 119[deg]53.04' W long.;
(3) 33[deg]24.67' N lat., 119[deg]51.27' W long.;
(4) 33[deg]19.95' N lat., 119[deg]50.23' W long.;
(5) 33[deg]13.07' N lat., 119[deg]41.99' W long.;
(6) 33[deg]13.1' N lat., 119[deg]34.66' W long.;
(7) 33[deg]11.45' N lat., 119[deg]29.57' W long.;
(8) 33[deg]11.13' N lat., 119[deg]26.22' W long.;
(9) 33[deg]11.8' N lat., 119[deg]20.64' W long.;
(10) 33[deg]12.91' N lat., 119[deg]15.53' W long.;
(11) 33[deg]14.52' N lat., 119[deg]14.72' W long.;
(12) 33[deg]15.32' N lat., 119[deg]16.01' W long.;
(13) 33[deg]14.78' N lat., 119[deg]16.97' W long.;
(14) 33[deg]15.73' N lat., 119[deg]19.02' W long.;
(15) 33[deg]16.73' N lat., 119[deg]18.97' W long.;
(16) 33[deg]19.37' N lat., 119[deg]24.95' W long.;
(17) 33[deg]21.69' N lat., 119[deg]27.44' W long.;
(18) 33[deg]23.82' N lat., 119[deg]32.87' W long.; and
(19) 33[deg]33.22' N lat., 119[deg]46.7' W long.
(x) The 150 fm (274 m) depth contour around Osborn Bank off the
state of California is defined by straight lines connecting all of the
following points in the order stated:
(1) 33[deg]23.53' N lat., 119[deg]3.73' W long.;
(2) 33[deg]23.57' N lat., 119[deg]6.66' W long.;
(3) 33[deg]23.12' N lat., 119[deg]7.25' W long.;
(4) 33[deg]20.51' N lat., 119[deg]2.15' W long.;
(5) 33[deg]20.58' N lat., 119[deg]0.48' W long.;
(6) 33[deg]21.32' N lat., 118[deg]59.89' W long.; and
(7) 33[deg]23.53' N lat., 119[deg]3.73' W long.
[[Page 59853]]
(y) The 150 fm (274 m) depth contour around the Eastern CCA area
off the state of California is defined by straight lines connecting all
of the following points in the order stated:
(1) 32[deg]41.41' N lat., 117[deg]59.05' W long.;
(2) 32[deg]40.57' N lat., 118[deg]1.97' W long.;
(3) 32[deg]40.04' N lat.,118[deg]1.23' W long.;
(4) 32[deg]39.82' N lat., 118[deg]0.03' W long.;
(5) 32[deg]38.02' N lat., 117[deg]57.86' W long.;
(6) 32[deg]35.38' N lat., 117[deg]56.23' W long.;
(7) 32[deg]36.68' N lat., 117[deg]55.02' W long.;
(8) 32[deg]40.42' N lat., 117[deg]57.15' W long.; and
(9) 32[deg]41.41' N lat., 117[deg]59.05' W long.
0
13. Amend Sec. 660.78 by:
0
a. Redesignating paragraphs (p) through (r) as paragraphs (s) through
(u);
0
b. Redesignating paragraph (o) as paragraph (q);
0
c. Redesignating paragraphs (f) through (n) as paragraphs (g) through
(o);
0
d. Adding new paragraph (f);
0
e. Adding new paragraph (p); and
0
f. Adding new paragraph (r).
The revisions and additions read as follows:
Sec. 660.78 EFHCAs off the Coast of Oregon.
* * * * *
(f) Nehalem Bank East. The boundary of the Nehalem Bank East EFHCA
is defined by straight lines connecting all of the following points in
the order stated and connecting back to 45[deg]47.95' N lat.,
124[deg]31.70' W long.:
(1) 45[deg]47.95' N lat., 124[deg]31.70' W long.;
(2) 45[deg]52.28' N lat., 124[deg]38.46' W long.;
(3) 45[deg]56.45' N lat., 124[deg]38.00' W long.;
(4) 45[deg]58.33' N lat., 124[deg]38.75' W long.;
(5) 46[deg]00.83' N lat., 124[deg]36.78' W long.;
(6) 45[deg]59.94' N lat., 124[deg]34.63' W long.;
(7) 45[deg]58.90' N lat., 124[deg]33.47' W long.;
(8) 45[deg]54.27' N lat., 124[deg]30.73' W long.;
(9) 45[deg]53.62 N lat., 124[deg]30.83' W long.;
(10) 45[deg]52.90' N lat., 124[deg]30.67' W long.;
(11) 45[deg]52.03 N lat., 124[deg]30.60' W long.;
(12) 45[deg]51.75' N lat., 124[deg]30.85' W long.; and
(13) 45[deg]51.53' N lat., 124[deg]31.15' W long.
* * * * *
(p) Arago Reef West. The boundary of the Arago Reef West EFHCA is
defined by straight lines connecting all of the following points in the
order stated and connecting back to 43[deg]16.24' N lat.,
124[deg]27.66' W long.:
(1) 43[deg]16.24' N lat., 124[deg]27.66' W long.;
(2) 43[deg]14.23' N lat., 124[deg]29.28' W long.;
(3) 43[deg]14.03' N lat., 124[deg]28.31' W long.;
(4) 43[deg]11.92' N lat., 124[deg]28.26' W long.;
(5) 43[deg]11.02' N lat., 124[deg]29.11' W long.;
(6) 43[deg]10.13' N lat., 124[deg]29.15' W long.;
(7) 43[deg]09.26' N lat., 124[deg]31.03' W long.;
(8) 43[deg]08.60' N lat., 124[deg]30.98' W long.;
(9) 43[deg]10.22' N lat., 124[deg]37.82' W long.;
(10) 43[deg]16.91' N lat., 124[deg]37.50' W long.;
(11) 43[deg]16.51' N lat., 124[deg]28.97' W long.;
(12) 43[deg]16.88' N lat., 124[deg]28.16' W long.; and
(13) 43[deg]16.24' N lat., 124[deg]27.66' W long.
* * * * *
(r) Bandon High Spot East. The boundary of the Bandon High Spot
East EFHCA is defined by straight lines connecting all of the following
points in the order stated and connecting back to 42[deg]57.18' N lat.,
124[deg]46.01' W long.:
(1) 42[deg]57.18' N lat., 124[deg]46.01' W long.;
(2) 42[deg]56.10' N lat., 124[deg]47.48' W long.;
(3) 42[deg]56.66' N lat., 124[deg]48.79' W long.;
(4) 42[deg]55.02' N lat., 124[deg]50.45' W long.;
(5) 42[deg]55.70' N lat., 124[deg]52.79' W long.;
(6) 43[deg]03.91' N lat., 124[deg]50.81 W long.;
(7) 43[deg]03.70' N lat., 124[deg]47.91' W long.;
(8) 43[deg]03.20' N lat., 124[deg]47.52' W long.;
(9) 43[deg]00.94' N lat., 124[deg]46.57' W long.; and
(10) 42[deg]57.18' N lat., 124[deg]46.01' W long.
* * * * *
0
14. In Sec. 660.79, revise paragraphs (yy) introductory text and (zz)
introductory text to read as follows:
Sec. 660.79 EHFCAs off the Coast of California.
* * * * *
(yy) Potato Bank. The boundary of the Potato Bank EFHCA is defined
by straight lines connecting all of the following points in the order
stated and connecting back to 33[deg]11.00' N lat., 119[deg]55.67' W
long.:
* * * * *
(zz) Cherry Bank. The Cherry Bank EFH Conservation Area is defined
by straight lines connecting all of the following points in the order
stated and connecting back to 32[deg]59.00' N lat., 119[deg]32.05' W
long.:
* * * * *
Subpart D [Amended]
0
15. In subpart D of part 660, revise all references to ``Cordell
Banks'' to read ``Cordell Bank''.
Subpart E [Amended]
0
16. In subpart E of part 660, revise all references to ``Cordell
Banks'' to read ``Cordell Bank''.
0
17. In Sec. 660.212, add paragraph
(c)(3) to read as follows:
Sec. 660.212 Fixed gear fishery--prohibitions.
* * * * *
(c) * * *
(3) Fish inside the nontrawl RCA with any gear type other than
those specified at Sec. 660.230(b)(6). In addition, a vessel may not
carry more than one gear type as specified at Sec. 660.230(b)(6) on
board while declared to fish inside the nontrawl RCA (see Sec.
660.13(d)(4)(iv)(A) for valid declarations for use inside the nontrawl
RCA).
* * * * *
0
18. Amend Sec. 660.230 by:
0
a. Revising paragraph (a);
0
b. Adding paragraph (b)(6);
0
c. Revising paragraphs (d)(5) through (13); and
0
d. Adding new paragraphs (d)(14) through (17).
The additions and revisions read as follows:
Sec. 660.230 Fixed gear fishery--management measures.
(a) General. Most species taken in limited entry fixed gear
(longline and pot/trap) fisheries will be managed with cumulative trip
limits (see trip limits in Tables 2 (North) and 2 (South) of this
subpart), size limits (see Sec. 660.60(h)(5)), seasons (see trip
limits in Tables 2 (North) and 2 (South) of this subpart and sablefish
primary season details in Sec. 660.231), gear restrictions (see
paragraph (b) of this section), and closed areas (see paragraph (d) of
this section and Sec. Sec. 660.70 through 660.79). Cowcod retention is
prohibited in all fisheries, and groundfish vessels operating south of
Point Conception must adhere to GEA restrictions (see paragraph (d)(17)
of this section and Sec. 660.70). Yelloweye
[[Page 59854]]
rockfish retention is prohibited in the limited entry fixed gear
fisheries. Regulations governing tier limits for the limited entry,
fixed gear sablefish primary season north of 36[deg] N lat. are found
in Sec. 660.231. Vessels not participating in the sablefish primary
season are subject to daily or weekly sablefish limits in addition to
cumulative limits for each cumulative limit period. Only one sablefish
landing per week may be made in excess of the daily trip limit and, if
the vessel chooses to make a landing in excess of that daily trip
limit, then that is the only sablefish landing permitted for that week.
The trip limit for black rockfish caught with hook-and-line gear also
applies, see Sec. 660.230(e). The trip limits in Table 2 (North) and
Table 2 (South) of this subpart apply to vessels participating in the
limited entry groundfish fixed gear fishery and may not be exceeded.
(b) * * *
(6) Gear for use in the Nontrawl RCA. Inside the nontrawl 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
limited entry fixed gear sector as defined at Sec. 660.11. On a
fishing trip where any fishing will occur inside the nontrawl 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 nontrawl
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)(6)(i) and (ii) of this section.
(i) Stationary vertical jig gear. The following requirements apply
to stationary vertical jig gear:
(A) Must be a minimum of 30 feet between the bottom weight and the
lowest fishing hook;
(B) No more than 4 vertical mainlines attached to or fished from
the vessel (e.g., rod and reel) may be used in the water at one time
with no more than 25 hooks on each mainline;
(C) No more than 100 hooks may be in the water at one time, with no
more than 25 extra hooks on board the vessel.
(ii) Groundfish troll gear. The following requirements apply to
groundfish troll gear:
(A) Must be a minimum of 50 feet between the bottom weight and the
troll wire's connection to the horizontal mainline;
(B) No more than one mainline attached to or fished form the vessel
may be used in the water at one time;
(C) No more than 500 hooks may be in the water at one time, with no
more than 25 extra hooks on board the vessel;
(D) Hooks must be spaced apart by a visible maker (e.g., floats,
line wraps, colored line splices), with no more than 25 hooks between
each marker and no more than 20 markers on the mainline; and
(E) Natural bait or weighted hooks may not be used nor be on board
the vessel. Artificial lures and bait are permitted.
* * * * *
(d) * * *
(5) Tillamook YRCA. The latitude and longitude coordinates that
define the Tillamook YRCA boundaries are specified at Sec. 660.70,
subpart C. Fishing with limited entry fixed gear is prohibited within
the Tillamook YRCA on dates when the closure is in effect. It is
unlawful to take and retain, possess, or land groundfish taken with
limited entry fixed gear within the Tillamook YRCA on dates when the
closure is in effect. The closure is not in effect at this time. This
closure may be implemented through inseason adjustment. Limited entry
fixed gear vessels may transit through the Tillamook YRCA at any time,
with or without groundfish on board.
(6) Newport YRCA. The latitude and longitude coordinates that
define the Newport YRCA boundaries are specified at Sec. 660.70,
subpart C. Fishing with limited entry fixed gear is prohibited within
the Newport YRCA on dates when the closure is in effect. It is unlawful
to take and retain, possess, or land groundfish taken with limited
entry fixed gear within the Newport YRCA on dates when the closure is
in effect. The closure is not in effect at this time. This closure may
be implemented through inseason adjustment. Limited entry fixed gear
vessels may transit through the Newport YRCA at any time, with or
without groundfish on board.
(7) Florence YRCA. The latitude and longitude coordinates that
define the Florence YRCA boundaries are specified at Sec. 660.70,
subpart C. Fishing with limited entry fixed gear is prohibited within
the Florence YRCA on dates when the closure is in effect. It is
unlawful to take and retain, possess, or land groundfish taken with
limited entry fixed gear within the Florence YRCA on dates when the
closure is in effect. The closure is not in effect at this time. This
closure may be implemented through inseason adjustment. Limited entry
fixed gear vessels may transit through the Florence YRCA at any time,
with or without groundfish on board.
(8) Heceta Bank YRCA. The latitude and longitude coordinates that
define the Heceta Bank YRCA boundaries are specified at Sec. 660.70,
subpart C. Fishing with limited entry fixed gear is prohibited within
the Heceta Bank YRCA on dates when the closure is in effect. It is
unlawful to take and retain, possess, or land groundfish taken with
limited entry fixed gear within the Heceta Bank YRCA on dates when the
closure is in effect. The closure is currently in effect. This closure
may be modified through inseason adjustment. Limited entry fixed gear
vessels may transit through the Heceta Bank YRCA at any time, with or
without groundfish on board.
(9) Point St. George YRCA. The latitude and longitude coordinates
of the Point St. George YRCA boundaries are specified at Sec. 660.70,
subpart C. Fishing with limited entry fixed gear is prohibited within
the Point St. George YRCA, on dates when the closure is in effect. It
is unlawful to take and retain, possess, or land groundfish taken with
limited entry fixed gear within the Point St. George YRCA, on dates
when the closure is in effect. The closure is not in effect at this
time. This closure may be imposed through inseason adjustment. Limited
entry fixed gear vessels may transit through the Point St. George YRCA,
at any time, with or without groundfish on board.
(10) South Reef YRCA. The latitude and longitude coordinates of the
South Reef YRCA boundaries are specified at Sec. 660.70, subpart C.
Fishing with limited entry fixed gear is prohibited within the South
Reef YRCA, on dates when the closure is in effect. It is unlawful to
take and retain, possess, or land groundfish taken with limited entry
fixed gear within the South Reef YRCA, on dates when the closure is in
effect. The closure is not in effect at this time. This closure may be
imposed through inseason adjustment. Limited entry fixed gear vessels
may transit through the South Reef YRCA, at any time, with or without
groundfish on board.
(11) Reading Rock YRCA. The latitude and longitude coordinates of
the Reading Rock YRCA boundaries are specified at Sec. 660.70, subpart
C. Fishing with limited entry fixed gear is prohibited within the
Reading Rock YRCA, on dates when the closure is in effect. It is
unlawful to take and retain, possess, or land groundfish taken with
limited entry fixed gear within the Reading Rock YRCA, on dates when
the closure is in effect. The closure is not in effect at this time.
This closure may be
[[Page 59855]]
imposed through inseason adjustment. Limited entry fixed gear vessels
may transit through the Reading Rock YRCA, at any time, with or without
groundfish on board.
(12) Point Delgada (North) YRCA. The latitude and longitude
coordinates of the Point Delgada (North) YRCA boundaries are specified
at Sec. 660.70, subpart C. Fishing with limited entry fixed gear is
prohibited within the Point Delgada (North) YRCA, on dates when the
closure is in effect. It is unlawful to take and retain, possess, or
land groundfish taken with limited entry fixed gear within the Point
Delgada (North) YRCA, on dates when the closure is in effect. The
closure is not in effect at this time. This closure may be imposed
through inseason adjustment. Limited entry fixed gear vessels may
transit through the Point Delgada (North) YRCA, at any time, with or
without groundfish on board.
(13) Point Delgada (South) YRCA. The latitude and longitude
coordinates of the Point Delgada (South) YRCA boundaries are specified
at Sec. 660.70, subpart C. Fishing with limited entry fixed gear is
prohibited within the Point Delgada (South) YRCA, on dates when the
closure is in effect. It is unlawful to take and retain, possess, or
land groundfish taken with limited entry fixed gear within the Point
Delgada (South) YRCA, on dates when the closure is in effect. The
closure is not in effect at this time. This closure may be imposed
through inseason adjustment. Limited entry fixed gear vessels may
transit through the Point Delgada (South) YRCA, at any time, with or
without groundfish on board.
(14) Nontrawl Rockfish Conservation Area (RCA). The nontrawl RCA is
defined at Sec. 660.11 and with latitude and longitude coordinates, at
Sec. Sec. 660.71 through 660.74, where fishing for groundfish with
nontrawl gear is prohibited. Boundaries for the nontrawl RCA throughout
the year are provided in the header to Table 2 (North) and Table 2
(South) of this subpart and may be modified by NMFS inseason pursuant
to Sec. 660.60(c).
(i) It is unlawful to operate a vessel with limited entry nontrawl
gear in the nontrawl RCA, except for the purpose of continuous transit,
or when the use of limited entry nontrawl gear is authorized in this
section. It is unlawful to take and retain, possess, or land groundfish
taken with limited entry nontrawl gear within the nontrawl RCA, unless
otherwise authorized in this section.
(ii) Limited entry nontrawl vessels may transit through the
nontrawl RCA, with or without groundfish on board, provided all
groundfish nontrawl gear is stowed either: Below deck; or if the gear
cannot readily be moved, in a secured and covered manner, detached from
all lines, so that it is rendered unusable for fishing.
(iii) The nontrawl RCA restrictions in this section apply to
vessels registered to limited entry fixed gear permits fishing for
species other than groundfish with nontrawl gear on trips where
groundfish species are retained. Unless otherwise authorized in this
section, a vessel may not retain any groundfish taken on a fishing trip
for species other than groundfish that occurs within the nontrawl RCA.
If a vessel fishes in a non-groundfish fishery in the nontrawl RCA, it
may not participate in any fishing for groundfish on that trip that is
prohibited within the nontrawl RCA. [For example, if a vessel fishes in
the salmon troll fishery within the RCA, the vessel cannot on the same
trip fish in the sablefish fishery outside of the RCA.]
(iv) It is lawful to fish within the nontrawl RCA with limited
entry fixed gear using hook and line gear only when trip limits
authorize such fishing, and provided a valid declaration report as
required at Sec. 660.13(d), subpart C, has been filed with NMFS OLE.
(v) It is lawful to fish within the nontrawl RCA under the limited
entry fixed gear trip limits specified in Table 2 (North) and Table 2
(South) of this subpart only when using the non-bottom contact hook-
and-line gear types described at Sec. 660.230(b)(6), and provided a
valid declaration report as required at Sec. 660.13(d), subpart C, has
been filed with NMFS OLE.
(15) Farallon Islands. Under California law, commercial fishing for
all groundfish is prohibited between the shoreline and the 10 fm (18 m)
depth contour around the Farallon Islands. An exception to this
prohibition is that commercial fishing for ``other flatfish'' is
allowed around the Farallon Islands using hook and line gear only. (See
Table 2 (South) of this subpart.) For a definition of the Farallon
Islands, see Sec. 660.70, subpart C.
(16) Cordell Bank. Commercial fishing for groundfish is prohibited
in waters of depths less than 100 fm (183 m) around Cordell Bank, as
defined by specific latitude and longitude coordinates at Sec. 660.70,
subpart C. An exception to this prohibition is that commercial fishing
for ``other flatfish'' is allowed around Cordell Bank using hook and
line gear only.
(17) Groundfish exclusion areas (GEAs). The GEAs are closed areas
in the Southern California Bight, defined by specific latitude and
longitude coordinates (specified at Sec. 660.70) where commercial and
recreational fishing for groundfish is prohibited. It is unlawful to
fish for, take and retain, possess (except for the purpose of
continuous transit) or land groundfish within the GEAs. All fishing
gear for targeting groundfish must be stowed while transiting through a
GEA. If fishing for non-groundfish species within a GEA, then no
groundfish may be on board the vessel.
* * * * *
0
19. In Sec. 660 Subpart E, revise Table 2 North and Table 2 South to
read as follows:
Section 660 Subpart E Table 2 North and Table 2 South
[[Page 59856]]
[GRAPHIC] [TIFF OMITTED] TP30AU23.001
[[Page 59857]]
[GRAPHIC] [TIFF OMITTED] TP30AU23.002
Subpart F [Amended]
0
20. In subpart F of part 660, revise all references to ``Cordell
Banks'' to read ``Cordell Bank''.
0
21. In Sec. 660.312, revise paragraph (d)(7) and add paragraph (d)(8)
to read as follows:
Sec. 660.31 2 Open access fishery--prohibitions.
* * * * *
(d) * * *
(7) Fish with bottom trawl gear (defined at Sec. 660.11), other
than demersal seine, unless otherwise specified in this section or
Sec. 660.330, within the EEZ in the following EFHCAs (defined at Sec.
660.79): Brush Patch, Trinidad Canyon, Mad River Rough Patch, Samoa
Deepwater, Eel River Canyon, Blunts Reef, Mendocino Ridge, Delgada
Canyon, Tolo Bank, Navarro Canyon, Point Arena North, Point Arena South
Biogenic Area, the Football, Gobbler's Knob, Point Reyes Reef, Cordell
Bank/Biogenic Area, Rittenburg Bank, Farallon Islands/Fanny Shoal/
Cochrane Bank, Farallon Escarpment, Half Moon Bay, Pescadero Reef,
Pigeon Point Reef, Ascension
[[Page 59858]]
Canyonhead, South of Davenport, Monterey Bay/Canyon, West of Sobranes
Point, Point Sur Deep, Big Sur Coast/Port San Luis, La Cruz Canyon,
West of Piedras Blancas State Marine Conservation Area, East San Lucia
Bank, Point Conception, Hidden Reef/Kidney Bank, Catalina Island,
Potato Bank, Cherry Bank, Cowcod EFHCA East, and Southern California
Bight.
(8) Fish inside the nontrawl RCA with any gear type other than
those specified at Sec. 660.330(b)(3). In addition, a vessel may not
carry more than one gear type as specified at Sec. 660.330(b)(3) on
board while declared to fish inside the nontrawl RCA (see
Sec. 660.13(d)(4)(iv)(A) for valid declarations for use inside the
nontrawl RCA).
0
22. Amend Sec. 660.330 by:
0
a. Revising paragraph (a);
0
b. Revising paragraph (b)(3) introductory text;
0
c. Revising paragraph (b)(3)(i)(A) and (B);
0
d. Removing paragraph (b)(3)(i)(D);
0
e. Revising paragraph (b)(3)(ii)(B);
0
f. Revising paragraphs (d)(5) through (15); and
0
g. Adding new paragraphs (d)(16) through (19).
The revisions and additions read as follows:
Sec. 660.330 Open access fishery--management measures.
(a) General. Groundfish species taken in open access fisheries will
be managed with cumulative trip limits (see trip limits in Tables 3
(North) and 3 (South) of this subpart), size limits (see Sec.
660.60(h)(5)), seasons (see seasons in Tables 3 (North) and 3 (South)
of this subpart), gear restrictions (see paragraph (b) of this
section), and closed areas (see paragraph (d) of this section and
Sec. Sec. 660.70 through 660.79). Unless otherwise specified, a vessel
operating in the open access fishery is subject to, and must not exceed
any trip limit, frequency limit, and/or size limit for the open access
fishery. Cowcod retention is prohibited in all fisheries, and
groundfish vessels operating south of Point Conception must adhere to
GEA restrictions (see paragraph (d)(15) of this section and Sec.
660.70). Retention of yelloweye rockfish is prohibited in all open
access fisheries. For information on the open access daily/weekly trip
limit fishery for sablefish, see Sec. 660.332 of this subpart and the
trip limits in Tables 3 (North) and 3 (South) of this subpart. Open
access vessels are subject to daily or weekly sablefish limits in
addition to cumulative limits for each cumulative limit period. Only
one sablefish landing per week may be made in excess of the daily trip
limit and, if the vessel chooses to make a landing in excess of that
daily trip limit, then that is the only sablefish landing permitted for
that week. The trip limit for black rockfish caught with hook-and-line
gear also applies (see paragraph (e) of this section). Open access
vessels that fish with non-groundfish trawl gear or in the salmon troll
fishery north of 40[deg]10' N lat. are subject the cumulative limits
and closed areas (except the pink shrimp fishery which is not subject
to RCA restrictions) listed in Tables 3 (North) and 3 (South) of this
subpart.
(b) * * *
(3) Gear for use inside the Nontrawl RCA. Inside the nontrawl 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 open access sector as defined at Sec. 660.11. On a fishing trip
where any fishing will occur inside the nontrawl 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 nontrawl 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)(6)(i) and (ii) of this section.
(i) * * *
(A) Must be a minimum of 30 feet between the bottom weight and the
lowest fishing hook;
(B) No more than 4 vertical mainlines attached to or fished from
the vessel (e.g., rod & reel) may be used in the water at one time with
no more than 25 hooks on each mainline;
* * * * *
(ii) * * *
(B) No more than one mainline attached to or fished from the vessel
may be used in the water at one time;
* * * * *
(d) * * *
(5) Tillamook YRCA. The latitude and longitude coordinates of the
Tillamook YRCA boundaries are specified at Sec. 660.70, subpart C.
Fishing with open access gear is prohibited within the Tillamook YRCA,
on dates when the closure is in effect. It is unlawful to take and
retain, possess, or land groundfish taken with open access gear within
the Tillamook YRCA, on dates when the closure is in effect. The closure
is not in effect at this time. This closure may be imposed through
inseason adjustment. Open access vessels may transit through the
Tillamook YRCA, at any time, with or without groundfish on board.
(6) Newport YRCA. The latitude and longitude coordinates of the
Newport YRCA boundaries are specified at Sec. 660.70, subpart C.
Fishing with open access gear is prohibited within the Newport YRCA, on
dates when the closure is in effect. It is unlawful to take and retain,
possess, or land groundfish taken with open access gear within the
Newport YRCA, on dates when the closure is in effect. The closure is
not in effect at this time. This closure may be imposed through
inseason adjustment. Open access vessels may transit through the
Newport YRCA, at any time, with or without groundfish on board.
(7) Florence YRCA. The latitude and longitude coordinates of the
Florence YRCA boundaries are specified at Sec. 660.70, subpart C.
Fishing with open access gear is prohibited within the Florence YRCA,
on dates when the closure is in effect. It is unlawful to take and
retain, possess, or land groundfish taken with open access gear within
the Florence YRCA, on dates when the closure is in effect. The closure
is not in effect at this time. This closure may be imposed through
inseason adjustment. Open access vessels may transit through the
Florence YRCA, at any time, with or without groundfish on board.
(8) Heceta Bank YRCA. The latitude and longitude coordinates of the
Heceta Bank YRCA boundaries are specified at Sec. 660.70, subpart C.
Fishing with open access gear is prohibited within the Heceta Bank
YRCA, on dates when the closure is in effect. It is unlawful to take
and retain, possess, or land groundfish taken with open access gear
within the Heceta Bank YRCA, on dates when the closure is in effect.
The closure is in effect at this time. This closure may be imposed
through inseason adjustment. Open access vessels may transit through
the Heceta Bank YRCA, at any time, with or without groundfish on board.
(9) Point St. George YRCA. The latitude and longitude coordinates
of the Point St. George YRCA boundaries are specified at Sec. 660.70,
subpart C. Fishing with open access gear is prohibited within the Point
St. George YRCA, on dates when the closure is in effect. It is unlawful
to take and retain, possess, or land groundfish taken with open access
gear within the Point St. George YRCA, on dates when the closure is in
effect. The closure is not in effect at this time. This closure may be
imposed through inseason adjustment. Open access vessels may transit
through the Point St. George YRCA, at any time, with or without
groundfish on board.
(10) South Reef YRCA. The latitude and longitude coordinates of the
South
[[Page 59859]]
Reef YRCA boundaries are specified at Sec. 660.70, subpart C. Fishing
with open access gear is prohibited within the South Reef YRCA, on
dates when the closure is in effect. It is unlawful to take and retain,
possess, or land groundfish taken with open access gear within the
South Reef YRCA, on dates when the closure is in effect. The closure is
not in effect at this time. This closure may be imposed through
inseason adjustment. Open access gear vessels may transit through the
South Reef YRCA, at any time, with or without groundfish on board.
(11) Reading Rock YRCA. The latitude and longitude coordinates of
the Reading Rock YRCA boundaries are specified at Sec. 660.70, subpart
C. Fishing with open access gear is prohibited within the Reading Rock
YRCA, on dates when the closure is in effect. It is unlawful to take
and retain, possess, or land groundfish taken with open access gear
within the Reading Rock YRCA, on dates when the closure is in effect.
The closure is not in effect at this time. This closure may be imposed
through inseason adjustment. Open access gear vessels may transit
through the Reading Rock YRCA, at any time, with or without groundfish
on board.
(12) Point Delgada (North) YRCA. The latitude and longitude
coordinates of the Point Delgada (North) YRCA boundaries are specified
at Sec. 660.70, subpart C. Fishing with open access gear is prohibited
within the Point Delgada (North) YRCA, on dates when the closure is in
effect. It is unlawful to take and retain, possess, or land groundfish
taken with open access gear within the Point Delgada (North) YRCA, on
dates when the closure is in effect. The closure is not in effect at
this time. This closure may be imposed through inseason adjustment.
Open access gear vessels may transit through the Point Delgada (North)
YRCA, at any time, with or without groundfish on board.
(13) Point Delgada (South) YRCA. The latitude and longitude
coordinates of the Point Delgada (South) YRCA boundaries are specified
at Sec. 660.70, subpart C. Fishing with open access gear is prohibited
within the Point Delgada (South) YRCA, on dates when the closure is in
effect. It is unlawful to take and retain, possess, or land groundfish
taken with open access gear within the Point Delgada (South) YRCA, on
dates when the closure is in effect. The closure is not in effect at
this time. This closure may be imposed through inseason adjustment.
Open access gear vessels may transit through the Point Delgada (South)
YRCA, at any time, with or without groundfish on board.
(14) Salmon Troll Yelloweye Rockfish Conservation Area (YRCA). The
latitude and longitude coordinates of the Salmon Troll YRCA boundaries
are specified in the groundfish regulations at Sec. 660.70, subpart C,
and in the salmon regulations at Sec. 660.405. Fishing with salmon
troll gear is prohibited within the Salmon Troll YRCA. It is unlawful
for commercial salmon troll vessels to take and retain, possess, or
land fish taken with salmon troll gear within the Salmon Troll YRCA.
Open access vessels may transit through the Salmon Troll YRCA with or
without fish on board.
(15) Nontrawl rockfish conservation area for the open access
fisheries. The nontrawl RCAs are closed areas, defined by specific
latitude and longitude coordinates (specified at Sec. Sec. 660.70
through 660.73, subpart C) designed to approximate specific depth
contours, where fishing for groundfish with nontrawl gear is
prohibited. Boundaries for the nontrawl RCA throughout the year are
provided in the open access trip limit tables, Table 3 (North) and
Table 3 (South) of this subpart and may be modified by NMFS inseason
pursuant to Sec. 660.60(c).
(i) It is unlawful to operate a vessel in the nontrawl RCA that has
nontrawl gear onboard and is not registered to a limited entry permit
on a trip in which the vessel is used to take and retain or possess
groundfish in the EEZ, or land groundfish taken in the EEZ, except for
the purpose of continuous transiting, or when the use of nontrawl gear
is authorized in part 660.
(ii) On any trip on which a groundfish species is taken with
nontrawl open access gear and retained, the open access nontrawl vessel
may transit through the nontrawl RCA only if all groundfish nontrawl
gear is stowed either: Below deck; or if the gear cannot readily be
moved, in a secured and covered manner, detached from all lines, so
that it is rendered unusable for fishing.
(iii) The nontrawl RCA restrictions in this section apply to
vessels taking and retaining or possessing groundfish in the EEZ, or
landing groundfish taken in the EEZ. Unless otherwise authorized by
part 660, a vessel may not retain any groundfish taken on a fishing
trip for species other than groundfish that occurs within the nontrawl
RCA. If a vessel fishes in a non-groundfish fishery in the nontrawl
RCA, it may not participate in any fishing for groundfish on that trip
that is prohibited within the nontrawl RCA. [For example, if a vessel
fishes in the salmon troll fishery within the RCA, the vessel cannot on
the same trip fish in the sablefish fishery outside of the RCA.]
(iv) Fishing for ``other flatfish'' off California (between 42[deg]
N lat. south to the U.S./Mexico border) is allowed within the nontrawl
RCA with hook and line gear only; and provided a valid declaration
report as required at Sec. 660.13(d), has been filed with NMFS OLE.
(v) Target fishing for groundfish off Oregon and California
(between 46[deg]16' N lat. and the U.S./Mexico border) is allowed
within the nontrawl RCA for vessels participating in the directed open
access sector as defined at Sec. 660.11, subject to the gear
restrictions at Sec. 660.330(b)(3)(i-ii), and provided a valid
declaration report as required at Sec. 660.13(d) has been filed with
NMFS OLE.
(16) Non-groundfish trawl rockfish conservation areas for the open
access non-groundfish trawl fisheries. The non-groundfish trawl RCAs
are closed areas, defined by specific latitude and longitude
coordinates (specified at Sec. Sec. 660.70 through 660.74, subpart C)
designed to approximate specific depth contours, where fishing for
groundfish with nontrawl gear is prohibited. Boundaries for the
nontrawl RCA throughout the year are provided in the open access trip
limit tables, Table 3 (North) and Table 3 (South) of this subpart and
may be modified by NMFS in season pursuant to Sec. 660.60(c).
(i) It is unlawful to operate a vessel in the non-groundfish trawl
RCA with non-groundfish trawl gear onboard, except for the purpose of
continuous transiting, or when the use of trawl gear is authorized in
part 660. It is unlawful to take and retain, possess, or land
groundfish taken with non-groundfish trawl gear within the nontrawl
RCA, unless otherwise authorized in part 660.
(ii) Non-groundfish trawl vessels may transit through the non-
groundfish trawl RCA, with or without groundfish on board, provided all
non-groundfish trawl gear is stowed either: Below deck; or if the gear
cannot readily be moved, in a secured and covered manner, detached from
all towing lines, so that it is rendered unusable for fishing; or
remaining on deck uncovered if the trawl doors are hung from their
stanchions and the net is disconnected from the doors.
(iii) The non-groundfish trawl RCA restrictions in this section
apply to vessels taking and retaining or possessing groundfish in the
EEZ, or landing groundfish taken in the EEZ. Unless otherwise
authorized by Part 660, it is unlawful for a vessel to retain any
groundfish taken on a fishing trip for species other than groundfish
that
[[Page 59860]]
occurs within the non-groundfish trawl RCA. If a vessel fishes in a
non-groundfish fishery in the non-groundfish trawl RCA, it may not
participate in any fishing on that trip that is prohibited within the
non-groundfish trawl RCA. Nothing in these Federal regulations
supersedes any state regulations that may prohibit trawling shoreward
of the fishery management area (3-200 nm).
(iv) It is lawful to fish with non-groundfish trawl gear within the
non-groundfish trawl RCA only under the following conditions:
(A) Pink shrimp trawling is permitted in the non-groundfish trawl
RCA when a valid declaration report as required at Sec. 660.12(d),
subpart C, has been filed with NMFS OLE. Groundfish caught with pink
shrimp trawl gear may be retained anywhere in the EEZ and are subject
to the limits in Table 3 (North) and Table 3 (South) of this subpart.
(B) When the shoreward line of the trawl RCA is shallower than 100
fm (183 m), vessels using ridgeback prawn trawl gear south of
34[deg]27.00' N lat. may operate out to the 100 fm (183 m) boundary
line specified at Sec. 660.73, when a valid declaration report as
required at Sec. 660.13(d), has been filed with NMFS OLE. Groundfish
caught with ridgeback prawn trawl gear are subject to the limits in
Table 3 (North) and Table 3 (South) of this subpart.
(17) Farallon Islands. Under California law, commercial fishing for
all groundfish is prohibited between the shoreline and the 10 fm (18 m)
depth contour around the Farallon Islands. An exception to this
prohibition is that commercial fishing for ``other flatfish'' is
allowed around the Farallon Islands using hook and line gear only. (See
Table 2 (South) of this subpart.) For a definition of the Farallon
Islands, see Sec. 660.70, subpart C.
(18) Cordell Bank. Commercial fishing for groundfish is prohibited
in waters of depths less than 100-fm (183-m) around Cordell Bank, as
defined by specific latitude and longitude coordinates at Sec. 660.70,
subpart C. An exception to this prohibition is that commercial fishing
for ``other flatfish'' is allowed around Cordell Bank using hook and
line gear only.
(19) Groundfish exclusion areas (GEAs). The GEAs are closed areas
in the Southern California Bight, defined by specific latitude and
longitude coordinates (specified at Sec. 660.70) where commercial and
recreational fishing for groundfish is prohibited. It is unlawful to
fish for, take and retain, possess (except for the purpose of
continuous transit) or land groundfish within the GEAs. All fishing
gear for targeting groundfish must be stowed while transiting through a
GEA. If fishing for non-groundfish species within a GEA, then no
groundfish may be on board the vessel.
* * * * *
0
23. In Sec. 660 Subpart E, revise Table 3 North and Table 3 South to
read as follows:
Section 660 Subpart F Table 3 North and Table 3 South
[[Page 59861]]
[GRAPHIC] [TIFF OMITTED] TP30AU23.003
[[Page 59862]]
[GRAPHIC] [TIFF OMITTED] TP30AU23.004
[[Page 59863]]
Subpart G [Amended]
0
24. In subpart G of part 660, revise all references to ``Cordell
Banks'' to read ``Cordell Bank''.
0
25. Amend Sec. 660.360 by revising paragraphs (c)(3)(i)(B) and
(c)(3)(iv)(A) to read as follows:
Sec. 660.360 Recreational fishery--management measures.
* * * * *
(c) * * *
(3) * * *
(i) * * *
(B) Groundfish exclusion areas (GEAs). The GEAs are closed areas in
the Southern California Bight, defined by specific latitude and
longitude coordinates (specified at Sec. 660.70) where commercial and
recreational fishing for groundfish is prohibited. It is unlawful to
fish for, take and retain, possess (except for the purpose of
continuous transit) or land groundfish within the GEAs. Recreational
fishing gear for targeting groundfish may not be deployed while
transiting through a GEA. If fishing for non-groundfish species within
a GEA, then no groundfish may be on board the vessel.
* * * * *
(iv) * * *
(A) Seasons. Recreational fishing for ``Other Flatfish,'' petrale
sole, and starry flounder is open from January 1 through December 31.
When recreational fishing for ``Other Flatfish,'' petrale sole, and
starry flounder is open, it is permitted both outside and within the
recreational RCAs described in paragraph (c)(3)(i) of this section.
* * * * *
[FR Doc. 2023-18411 Filed 8-29-23; 8:45 am]
BILLING CODE 3510-22-P