Rule2023-25905
Magnuson-Stevens Act Provisions; Fisheries Off West Coast States; Pacific Coast Groundfish Fishery; Pacific Coast Groundfish Fishery Management Plan; Amendment 32; Modifications to Non-Trawl Sector Area Management Measures
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
December 1, 2023
Effective
January 1, 2024
Issuing agencies
Commerce DepartmentNational Oceanic and Atmospheric Administration
Abstract
This final rule implements regulations for Amendment 32 to the Pacific Coast Groundfish Fishery Management Plan. The regulations include a suite of changes to non-trawl sector area management measures seaward of California and Oregon. The purpose of Amendment 32 is to provide fishing access to healthy groundfish stocks for non-trawl groundfish fisheries and the directed commercial Pacific halibut fishery while still meeting the conservation objectives of the Pacific Coast Groundfish Fishery Management Plan. In addition, this final rule implements minor administrative revisions to the regulations to 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.
Full Text
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<title>Federal Register, Volume 88 Issue 230 (Friday, December 1, 2023)</title>
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[Federal Register Volume 88, Number 230 (Friday, December 1, 2023)]
[Rules and Regulations]
[Pages 83830-83860]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-25905]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Parts 300 and 660
[Docket No. 231117-0273]
RIN 0648-BM28
Magnuson-Stevens Act Provisions; Fisheries Off West Coast States;
Pacific Coast Groundfish Fishery; Pacific Coast Groundfish Fishery
Management Plan; Amendment 32; Modifications to Non-Trawl Sector Area
Management Measures
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Final rule.
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SUMMARY: This final rule implements regulations for Amendment 32 to the
Pacific Coast Groundfish Fishery Management Plan. The regulations
include a suite of changes to non-trawl sector area management measures
seaward of California and Oregon. The purpose of Amendment 32 is to
provide fishing access to healthy groundfish stocks for non-trawl
groundfish fisheries and the directed commercial Pacific halibut
fishery while still meeting the conservation objectives of the Pacific
Coast Groundfish Fishery Management Plan. In addition, this final rule
implements minor administrative revisions to the regulations to 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
[[Page 83831]]
of fishing bait, and add new exemptions to Vessel Monitoring System
reporting requirements.
DATES: Effective January 1, 2024.
ADDRESSES:
Electronic Access
Information relevant to Amendment 32, which includes an
Environmental Assessment (EA), a Regulatory Impact Review, a Regulatory
Flexibility Act analysis and a Magnuson-Stevens Fishery Conservation
and Management Act (Magnuson-Stevens Act or MSA) analysis (collectively
referred to hereafter as Analysis), are accessible via the internet at
the NMFS West Coast Region website at: <a href="https://www.fisheries.noaa.gov/west-coast/laws-and-policies/west-coast-region-national-environmental-policy-act-documents">https://www.fisheries.noaa.gov/west-coast/laws-and-policies/west-coast-region-national-environmental-policy-act-documents</a>.
Written comments regarding the burden-hour estimates or other
aspects of the collection-of-information requirements contained in this
final rule may be submitted to NMFS and to <a href="https://www.reginfo.gov/public/do/PRAMain">https://www.reginfo.gov/public/do/PRAMain</a>. Find this particular information collection by
selecting ``Currently under 30-day Review--Open for Public Comments''
or by using the search function.
FOR FURTHER INFORMATION CONTACT: Lynn Massey, phone: 562-900-2060, or
email: <a href="/cdn-cgi/l/email-protection#dc90a5b2b2f291bdafafb9a59cb2b3bdbdf2bbb3aa"><span class="__cf_email__" data-cfemail="4f0336212161022e3c3c2a360f21202e2e61282039">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION: The Pacific Coast Groundfish fishery in the
U.S. exclusive economic zone (EEZ, defined at 50 CFR 660.10) 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 final rule implements 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, which describes the specific changes
being made to the FMP, was published on August 2, 2023 (88 FR 50830)
and was open for public comment through October 1, 2023. The proposed
rule for Amendment 32, which includes the regulations necessary for
implementing Amendment 32, was published on August 30, 2023 (88 FR
59838), and was open for public comment through September 29, 2023.
In addition to implementing changes to the regulations at 50 CFR
parts 300 and 660 to implement Amendment 32, this final rule also
implements minor, clarifying and administrative revisions to the
regulations in part 660. These administrative changes 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 908, 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 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). Amendment 32 and its implementing regulations
included in this final rule 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 the
EEZ or 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 Pacific 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 final rule, move the seaward
boundary of the Non-Trawl RCA shoreward to the depth contour that
approximates 75 fm (137 m) seaward of both Oregon and California, which
opens 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 Pacific halibut fisheries reduces enforcement complexity
and provides additional fishing opportunity. The Non-Trawl RCA
boundaries in the Southern California Bight (south of 34[deg]27' N
lat.) will 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 final rule, 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
[[Page 83832]]
catch limits rather than under open access trip limits. In other words,
LEFG vessels can fish inside the Non-Trawl RCA pursuant to their
respective trip limits listed in subpart E Tables 1 North and South,
and IFQ gear switchers can fish inside the Non-Trawl RCA under their
quota pounds. Vessels will 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); only one declaration may
be made on these fishing trips. On a fishing trip where any fishing
occurs inside the Non-Trawl RCA, only one type of non-bottom contact
gear is permitted to be carried on board, and no other fishing gear of
any type can be carried on board or stowed during that trip. The vessel
will 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) will not apply for the
two Non-Trawl RCA gear types (i.e., non-bottom contact stationary
vertical jig gear and groundfish troll gear). Access to these higher
trip limits will 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,
fishermen were required to have a minimum of 50 feet (15 m) between the
bottom weight and the lowest fishing hook to ensure that fishing
activity occured off the bottom (see Sec. 660.330(b)(3)(i)(A)). In
addition, only artificial bait was permitted; natural bait was
prohibited (see Sec. 660.330(b)(3)(i)(D)). This final rule modifies
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
yelloweye rockfish. No changes in gear restrictions are being made 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.
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. This final rule removes the CCA restrictions for all
groundfish non-trawl fisheries, which opens up approximately 4,663 sq
mi (12,077 sq km) to all non-trawl commercial and recreational
groundfish sectors. The CCA is remaining 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 that cowcod has been declared rebuilt.
Prior to the effective date of this final rule, non-trawl fishing was
allowed shoreward of the 40 fm (73 m) lines around the islands and
banks within the current boundaries of the CCA. With this final rule's
removal of non-trawl CCA restrictions, the 40 fm (73 m) restriction is
no longer in place (i.e., vessels can operate anywhere in the area,
subject to pre-existing area closures). Eight new closures are
established in the former boundaries of the CCA 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, 100, 125, and 150 fm (91 m, 110 m, 137 m, 183 m, 229 m, and 274
m respectively) 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. This final rule defines these boundaries in the
regulations and they will 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 (GEAs)
Amendment 32 and its implementing regulations included in this
final rule create a new type of GCA called a GEA, which is intended to
mitigate potential impacts to sensitive environments from certain
groundfish fishing activity. Specifically, eight GEAs are being
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 are located in the Southern California Bight in the area
where non-trawl CCA restrictions are removed. These GEAs keep
approximately 428 sq mi (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 that are separate and distinct from
groundfish essential fish habitat (EFH). These GEAs prohibit all
commercial and recreational groundfish fishing. Commercial fishing
vessels are allowed to continually transit through GEAs provided that
all gear is stowed. Recreational vessels are allowed to continually
transit through GEAs provided that no gear is deployed. If fishing for
non-groundfish species within the GEAs, no groundfish is allowed 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 and this final rule
establishes four new YRCAs seaward of Oregon: (1) Tillamook YRCA; (2)
Newport YRCA; (3) Florence YRCA; and (4) Heceta Bank YRCA. Within the
YRCAs, restrictions apply to both commercial groundfish non-trawl
fisheries and the non-tribal directed commercial Pacific 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
[[Page 83833]]
implements, those closures. Thus, in this final rule, only the Heceta
Bank YRCA is active. The Tillamook, Newport, and Florence YRCAs are
defined and established in Federal regulations at Sec. 660.11, but
will 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 Pacific halibut fishery
via a standard rulemaking process (i.e., not an inseason action), as
the current regulations on the non-tribal directed commercial halibut
fishery do not include a regulatory mechanism for modifying closed
areas inseason.
Essential Fish Habitat Conservation Areas (EFHCAs)
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.
Prior to this final rule, there were 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 creates 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 will 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 final rule
establishes 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 Pacific halibut in these new EFCHAs is prohibited.
Block Area Closures (BACs)
The Pacific Coast Groundfish FMP and its implementing regulations
authorize the use of BACs as a routine management measure to control
bycatch of groundfish in trawl fisheries. BACs, defined at Sec.
660.11, are size variable spatial closures in the EEZ bounded by
latitude lines or the EEZ, 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
to control bycatch of groundfish. 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 final rule 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). Thus, under this
final rule, BACs can 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 final rule does not implement specific individual BACs. This
final rule allows NMFS to close or reopen BACs preseason or inseason.
This approach is 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 notification
will announce routine inseason BACs recommended by the Council and
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 notification 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 was provided in the proposed rule (88 FR 59838, August 30,
2023) and is not repeated here.
Administrative Regulatory Changes
In addition to the actions described above, NMFS is also
implementing 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 is universally correcting all instances of ``Cordell Banks''
to its correct name of ``Cordell Bank.'' NMFS is modifying 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 does not constitute a material change to the GCA.
Bait Definitions
NMFS is adding regulatory definitions for artificial lure, bait
(both natural and artificial), and weighted gear under Sec. 660.11. As
amended by this final rule, the regulations allow for the use of
[[Page 83834]]
natural bait on non-bottom contact stationary vertical jig gear in the
Non-Trawl RCA, and 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.
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. Existing
exemptions include a haul out exemption, an outside areas exemption, a
permit exemption, and a long-term departure exemption. This final rule
is creating two new exemptions: one for maintenance that does not
require a haul out, and one for sale of a vessel. Like the existing
haul out exemption, the new maintenance exemption allows VMS units to
temporarily be inoperable and allows transmissions to be discontinued
while work is being done on the vessel. However, the new maintenance
exemption is not 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
existing long-term departure exemption. This new exemption for sale of
a vessel is being implemented 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 new exemptions will create flexibilities in the
vessel owners' VMS requirements when vessels are not participating in
an activity requiring VMS. If these new exemptions were 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.
Public Comments
The notice of availability for Amendment 32 was published on August
2, 2023 (88 FR 50830), and was open for comment until October 1, 2023.
NMFS received a total of four public comments on the notice of
availability. The proposed rule for Amendment 32 was published on
August 30, 2023 (88 FR 59838), and was open for public comment until
September 29, 2023. NMFS received a total of five public comments on
the proposed rule. Two commenters provided the same comments for both
the notice of availability and for the proposed rule. A summary of
public comments submitted for both the notice of availability and the
proposed rule and NMFS' responses to all of those comments are provided
below.
Comment 1: An anonymous individual submitted a comment on the
notice of availability requesting that NMFS ensure that the new GEAs
being implemented in the Southern California Bight allow fishing for
non-groundfish species.
Response: The new GEAs will only prohibit groundfish fishing. If a
vessel is fishing for non-groundfish species within the GEAs, no
groundfish is allowed on board the vessel. This information is in the
preamble to the proposed rule (88 FR 59838), the Analysis (see
ADDRESSES), and the preamble to this final rule.
Comment 2: A private individual submitted a comment on the proposed
rule, questioning why boundary changes to the Non-Trawl RCA are only
being made seaward of Oregon and California, and not off Washington.
Response: During the development of this action, the Council
contemplated changes to the Non-Trawl RCA boundary seaward of
Washington (see Agenda Item E.6.a Supplemental WDFW Report 1 of the
November 2021 briefing book at <a href="https://www.pcouncil.org">https://www.pcouncil.org</a>). However, the
alternative that included changes off Washington was withdrawn for
possible future consideration due to anticipated overlap and resulting
conflicts between tribal, recreational, and commercial fisheries, as
well as concern over increased yelloweye bycatch and habitat impacts
(see Agenda Item G.6.a WDFW Report 1 in the September 2022 briefing
book at <a href="https://www.pcouncil.org">https://www.pcouncil.org</a>). Therefore, changes to the Non-Trawl
RCA off Washington were not included in the recommendation by the
Council for this action and are not being included in this final rule.
Comment 3: A private individual submitted a comment on the proposed
rule, expressing concern over the potential of increased drift
gillnetting in the newly opened fishing areas.
Response: This action opens up fishing areas for groundfish non-
trawl fisheries and the non-tribal directed commercial Pacific halibut
fishery only. Neither of these fisheries utilize drift gillnets. This
rule does not open any fishing area to drift gillnetting.
Comment 4: A professional mariner/private citizen from Oregon
submitted a comment on the proposed rule expressing concern that this
action is not placing enough emphasis on protection of fish species.
This same commenter also expressed concern that the VMS haul out
exemption will yield enforcement and accountability challenges.
Response: The Magnuson-Stevens Act dictates that conservation and
management measures shall prevent overfishing while achieving, on a
continuing basis, the optimum yield from each U.S. fishery. Yelloweye
rockfish is the only fish species currently under a rebuilding plan. To
mitigate potential yelloweye rockfish impacts off Oregon, the Council
recommended, and NMFS is implementing, three new YRCAs for potential
future use if yelloweye rockfish bycatch becomes an issue, and one new
YRCA that will be active at the time of implementation (i.e., the
Heceta Bank YRCA).
With regard to the concern over the VMS haul out exemption, NOAA's
OLE supports the additional clarification of exemptions to allow
fishery participants to have flexibility when needed to conduct non-
haul out maintenance on a vessel involving a disruption to power, thus
impacting VMS transmissions. Sufficient documentation of maintenance
activities is required in the submission of the maintenance exemption
report. In addition, adequate safeguards are in place to ensure vessels
with a maintenance exemption do not
[[Page 83835]]
resume fishing before VMS transmissions resume.
Comment 5: A fisherman from Crescent City, California, submitted a
comment on the notice of availability, expressing concern over the
closing of the nearshore rockfish fishery in Northern California due to
quillback rockfish and its negative impact to the local economy.
Response: This comment is outside the scope of this action, as this
action does not implement any changes to quillback rockfish catch
limits or closures.
Comment 6: The environmental nongovernmental organization (NGO)
Oceana submitted a comment letter on both the notice of availability
and proposed rule requesting that NMFS disapprove the proposed
modifications to Non-Trawl RCA management measures seaward of
California. Oceana expressed concern over adverse effects of moving
this boundary to: (1) EFH, namely coral and sponges; (2) yelloweye
rockfish because it is still rebuilding; and (3) canary rockfish, based
on a claim that new science indicates that canary rockfish has not
rebuilt. Oceana supports moving the Non-Trawl RCA boundary to 75 fm
(137 m) off Oregon because the implementing regulations for Amendment
32 provide additional EFH and yelloweye rockfish fishery closures in
the area being opened to fishing. Based on the fact that these measures
are being implemented for Oregon and not for California, Oceana claims
that Amendment 32 fails to minimize potential fishing impacts to EFH
and rebuilding rockfish stocks off California. Oceana supports all
other aspects of Amendment 32.
Response: NMFS thanks Oceana for its expressed support for aspects
of Amendment 32. Below is the NMFS response to the Oceana concerns.
By moving the seaward boundary of the Non-Trawl RCA to 75 fm (137
m) seaward of Oregon and California, small portions of 23 EFHCAs (17
for California, 6 for Oregon) that currently prohibit bottom trawling
will be newly exposed to bottom contact non-trawl gear, such as pot and
longline gear. Although the Non-Trawl RCA was implemented to protect
overfished groundfish stocks, these 23 bottom trawl EFCHAs have
received ancillary protection from non-trawl gear due to their overlap
with the Non-Trawl RCA. This final rule minimizes, to the extent
practicable, adverse effects to EFH from fishing, as described below.
During the development of this action, the Council extensively
reviewed all 23 EFCHAs and whether or not the small portions that would
be exposed from moving the Non-Trawl RCA boundary warranted immediate
protection in advance of the Council's next EFH review process. For
example, the Nehalem Bank EFCHA includes area that has been a long-term
study site for the Oregon Department of Fish and Wildlife (ODFW) since
2007 for evaluating the before and after effects of bottom trawling on
macroinvertebrates. Similarly, the Bandon High Spot EFHCA includes
Coquille Bank, which is also an active research site. Disturbance to
these areas by new bottom contact gear activity inside the EFHCAs could
compromise the research being conducted and therefore warranted a
closure to bottom contact gear ahead of the upcoming routine EFH
review, which is set to begin in 2025. For the remaining EFHCAs off of
Oregon, including Garibaldi Reef North, Garibaldi Reef South, and Arago
Reef, the Council chose to add additional EFH protections due to a
review of recent 2019 ODFW data indicating a high amount of rocky reef
habitat.
Similar reasons were not identified for the EFHCAs seaward of
California. Of the 17 bottom trawl EFHCAs off California, only 4 have
portions greater than 5 sq mi (13 sq km) that will be exposed by this
action. This final rule converts 113.5 sq mi (294 sq mi) of the almost
200 sq mi (518 sq km) of area currently closed to all bottom trawl
EFHCAs, to be closed to all groundfish bottom contact gear. The
Analysis describes the current understanding of potential pot gear and
longline gear impacts on hard substrates. Generally, fishermen avoid
high relief areas due to concerns of gear loss or gear damage, however,
when there are interactions, the best available information suggests
that impacts are minor and recovery time is less than 6 months (see
Chapter 7 of the EA). While the Analysis acknowledges that adverse
impacts to EFH may occur, the Analysis concluded there would be no
significant adverse impacts from Amendment 32 on habitat. Ultimately,
the Council decided to consider whether additional protections are
needed for the exposed bottom trawl EFHCAs seaward of California during
the next routine groundfish EFH review, which is set to begin in 2025
(see Council transcript, page 108-109 from the September 2022 meeting
at <a href="https://www.pcouncil.org">https://www.pcouncil.org</a>) when updated habitat data is available to
fully inform what protections are needed. In the interim and prior to
any future EFH protections that may result from the Council's next EFH
review, the individual areas being exposed are small and comprise a
total of 77.9 sq mi (202 sq km); the Analysis concluded that
significant impacts for the purpose of NEPA are not anticipated in
these areas. Therefore, NMFS has determined that opening of the Non-
Trawl RCA off California does minimize adverse impacts on habitat and
opening of this area to non-trawl fishing is supported by the best
available information.
With regard to yelloweye rockfish, the Council is opening the Non-
Trawl RCA via a step-wise approach, with one of the primary reasons
being to continue adequate protection for yelloweye rockfish, which is
rebuilding ahead of the time frame anticipated in the rebuilding plan.
As Oceana points out, one new YRCA (Heceta Bank) is being implemented
to protect important yelloweye rockfish habitat off Oregon. In
addition, three new YRCAs are being defined in regulation because the
Council identified them as flexible inseason tools that could be
activated if yelloweye bycatch becomes a concern; these new YRCAs were
selected based on a review of the Yelloweye Habitat Suitability Model.
The Council did not identify any areas of California that appear
necessary for a YRCA, and therefore none were recommended to NMFS.
With regard to canary rockfish, Oceana cites a recent Scientific
and Statistical Committee (SSC) report (see Agenda Item G.2.a
Supplemental SSC Report 1 September 2023 at <a href="https://www.pcouncil.org">https://www.pcouncil.org</a>)
that includes a review of the current 2023 stock assessment. The new
model's hindcast estimates that the stock may have still been below the
management target when it was declared rebuilt in 2015. However, the
stock was declared rebuilt at the time based on the best scientific
information available. The new 2023 stock assessment indicates that the
stock is currently at 35.1 percent of unfished biomass, which is in the
precautionary zone and still above the minimum stock size threshold of
25 percent unfished biomass (i.e., not overfished). The SSC adopted the
2023 stock assessment as the best scientific information available for
informing management. The Council and NMFS will continue to track the
status of canary rockfish, and NMFS can take a diversity of actions to
reduce catch of canary rockfish if necessary.
With regard to impacts to coral and sponge habitats, Oceana
expressed concern over the Office of National Marine Sanctuaries'
(ONMS) request of the Council to implement fishery closures for coral
research and restoration sites that require long-term closure from
bottom contact gear types, and how the implementing regulations for
Amendment 32 will expose areas
[[Page 83836]]
that may be used for these purposes. At the June 2023 Council meeting,
ONMS requested that the Council consider a process starting in
September 2023 to meet the sanctuaries needs for deep-sea coral
research and restoration (see Agenda Item C.8.a, Supplemental ONMS
report 1, June 2023). The Council began formal consideration of this
issue at its September 2023 meeting (see Agenda Item H.2, September
2023) and has scheduled consideration of closing areas suitable for
coral research and restoration (see Agenda Item H.10, Supplemental
Attachment 4: Draft Proposed Council Meeting Agenda, September 2023 at
<a href="https://www.pcouncil.org">https://www.pcouncil.org</a>). At their September 2023 meeting, the Council
identified three areas that will be analyzed for coral restoration and
research. The Council is expected to select a preliminary preferred
alternative for sites to close for coral research and restoration at
their March 2024 meeting.
Comment 7: The environmental NGO the Center for Biological
Diversity (CBD) submitted a comment letter on both the notice of
availability and proposed rule opposing the implementing regulations
for Amendment 32 and the analysis in the EA. As described below, CBD
expressed concern over fishing impacts from pot gear to humpback whales
listed under the Endangered Species Act (ESA), fishing impacts from
fixed gear on ESA-listed leatherback sea turtles, and fishing impacts
from hook-and-line gear on ESA-listed short-tailed albatross. CBD also
expressed concern over adverse impacts from pot and longline gear on
deep-sea coral and sponge habitats.
Response: In its letter, CBD asserts that NMFS should not open the
Non-Trawl RCA as proposed because NMFS has failed to assess the impacts
on corals and sponges. CBD asserts that the impacts from opening this
area will cause a significant impact on corals and sponges and
therefore an Environmental Impact Statement is needed. However, in
support of this assertion, CBD relies on general information about
coral and sponge life history and the impact of fishing on those
species and does not provide any basis for why Amendment 32
specifically causes a significant impact on corals and sponges. As
indicated in the Purpose and Need for Amendment 32 (described in the
Analysis), habitat protection was part of the consideration of the
Council (``The purpose of the proposed actions are to provide
additional access in some areas that are currently closed to groundfish
fishing inside the Non-Trawl Rockfish Conservation Area (RCA) and
Cowcod Conservation Area (CCA). In doing so, measures were developed to
address adverse effects on designated Essential Fish Habitat (EFH) and
sensitive benthic habitats exposed to fishing activity under the
proposed actions and mitigate bycatch of groundfish and protected and
prohibited species.''). In the development of the action, the Council
and NMFS considered impacts on habitat from opening the Non-Trawl RCA,
including EFH, corals and sponges, including as documented in the EA
for this action. In addition, CBD has failed to acknowledge that the
Council recommended, and NMFS is implementing, tools specifically
designed to minimize the impact of the action on habitat, including
corals. This includes implementing GEAs off California and EFHCAs that
prohibit non-trawl bottom contact gear (e.g., pot/longline) off Oregon,
efforts that were developed with significant public input including
from environmental NGOs. Further, as stated above, the Council
announced its intent to evaluate exposed EFH off California during the
Council's routine EFH review process, which starts in 2025.
CBD incorrectly asserts that NMFS has an obligation under the
National Environmental Policy Act (NEPA) to quantify the impacts on
coral habitat through ``seabed mapping at a meter's spatial
resolution''. However, consistent with its NEPA obligations, NMFS used
the best available information to determine if there is a significant
impact of an action--seabed mapping at a meter's spatial resolution
across the Non-Trawl RCA, spanning waters off California and Oregon,
does not currently exist. NMFS and the Council conducted extensive
analysis, through a rigorous public process, on the habitat impacts of
opening parts of the Non-Trawl RCA, including the additional habitat
mitigation measures mentioned above (i.e., GEAs and EFCHAs). The
Analysis discloses the potential for impacts of the proposed action on
habitat, including identifying those areas that are proposed to be open
to fishing where there are higher densities of corals and sponges and
identifying the potential adverse impacts of fishing gear on that
habitat. In addition to the maps presented in the Analysis, this
information was available via a Public Map Viewer, which allowed users
to zoom in on any specific area being opened to fishing. The Public Map
Viewer includes a layer that shows deep-sea coral and sponge
observations, a layer that shows a variety of seafloor substrate types
(i.e., hard bottom, soft bottom, or mixed), and a layer that shows
habitat areas of particular concern. The Analysis identified that there
was no expected significant impact of the action on habitat. NMFS used
the best available information to make a Finding of No Significant
Impact and thereby satisfied its NEPA obligations.
In its letter, CBD alleges that the proposed rule would remove a
seabird mitigation measure for two gear types which ``may affect'' ESA-
listed short-tailed albatross, and therefore NMFS must consult with the
U.S. Fish and Wildlife Service (USFWS). Regarding ESA consultation, the
USFWS issued a Biological Opinion in 2017 concluding that the continued
operation of the Pacific Coast Groundfish Fishery was not likely to
jeopardize the continued existence of short-tailed albatross (FWS
reference: 01EOFW00-2017-F-0316) as well as other ESA-listed species.
Regarding the removal of seabird mitigation measures, CBD misunderstood
the proposed action. Currently, there is a prohibition on the use of
natural bait on both stationary vertical jig gear and groundfish troll
gear (i.e., the only two gear types currently allowed for use inside
the Non-Trawl RCA). CBD has asserted that the proposed rule would
remove this prohibition for both gear types. This is incorrect; the
implementing regulations for Amendment 32 will only allow natural bait
on stationary vertical jig gear. As stated in the Analysis, vertical
lines on stationary vertical jig gear are closely tended to the vessel
and do not float at the surface and thus significant impacts to
seabirds are not expected. NMFS discussed allowing natural bait on this
gear type with the USFWS during the development of Amendment 32, and
the USFWS concurred that allowing natural bait on the stationary
vertical jig gear does not necessitate re-initiation under the ESA. The
prohibition on using natural bait on groundfish troll gear inside the
Non-trawl RCA will remain in place. NMFS notes that non-bottom contact
stationary vertical jig gear has been tested inside the Non-Trawl RCA
since 2013 under an exempted fishing permit (EFP) project; artificial
bait was required in the EFP because the nature and performance of the
gear was not initially known. After 9 years of EFP testing with 100
percent observer coverage, there have been zero documented seabird
interactions. Because of the way in which the gear is fished and the
reduced exposure of baited hooks and proximity to humans, NMFS does not
anticipate risk to seabirds from the use of natural bait on stationary
vertical jig gear. Therefore, NMFS determined that there was no
[[Page 83837]]
significant impact of the proposed action on seabirds. NMFS has also
determined that re-initiation of ESA consultation is not warranted, as
Amendment 32 and its implementing regulations will not affect
endangered and threatened species or critical habitat in any manner or
to an extent not considered in the 2017 Biological Opinion.
CBD asserts that NMFS should re-initiate ESA consultation for the
impact of this action on ESA-listed leatherback sea turtles and their
critical habitat because the proposed rule would pose a risk of gear
entanglement not contemplated in the 2012 Biological Opinion (NWR-2012-
876). CBD supports this claim by pointing out that NMFS has implemented
a fishery closure to protect leatherback sea turtles in the drift
gillnet fishery. NMFS notes that the drift gillnet fishery is a
different fishery managed under the Highly Migratory Species FMP, and
that the Analysis prepared for this action contemplates potential
impacts from groundfish non-trawl fisheries under the Pacific Coast
Groundfish FMP. As described in the Analysis and the 2012 Biological
Opinion, there has not been a documented interaction with a leatherback
sea turtle in the groundfish fishery since 2008. Additionally, there is
no evidence to suggest that a geographic expansion of fishery effort
(not an increase in fishing effort) into the area being opened
significantly increases the risk of entanglement to leatherback sea
turtles. As a result of this action, the density of 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
fixed 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 fm or 75-125 fm
(137-183 m or 137-229 m) would create more potential for sea turtle
interactions compared to fishing in 100-125 fm (183-229 m) or greater,
depths at which fishing is already open. NMFS is not aware of any
information, and CBD has failed to provide any supporting information,
that indicates that the action presents a notable increase in potential
exposure to sea turtles. Therefore, in the Finding of No Significant
Impact, NMFS concluded that Amendment 32 will not significantly impact
ESA-listed sea turtles. NMFS also has determined there are no
anticipated impacts on ESA-listed leatherback sea turtles beyond those
impacts already considered in the 2012 Biological Opinion and therefore
re-initiation is not warranted.
CBD asserts that NMFS should re-initiate ESA consultation for the
impact of this action on ESA-listed humpback whales and their critical
habitat in part because the proposed rule would pose a risk of
entanglement not contemplated under the 2020 Biological Opinion. As
stated in the preamble to the proposed rule, 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). Although there will likely be a
geographic 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 <a href="https://www.fisheries.noaa.gov/west-coast/laws-and-policies/groundfish-actions-nepa-documents">https://www.fisheries.noaa.gov/west-coast/laws-and-policies/groundfish-actions-nepa-documents</a>). That EA describes the anticipated
impacts and potential for adverse impacts of fixed gear in the
groundfish fishery on ESA-listed humpback whales from the harvest
levels implemented in the 2023-2024 harvest specifications. Similarly,
the 2020 Biological Opinion evaluates the effects of the fixed gear
fishery on ESA-listed humpback whales and acknowledges that there is
risk from entanglements, but not at a level which jeopardizes the ESA-
listed species or adversely modifies critical habitat. In the Analysis
for this action, and in the determination of whether re-initiation of
the 2020 Biological Opinion was required, NMFS evaluated the
anticipated changes from moving the boundary of the Non-Trawl RCA. As a
result of this action, 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 fm or 75-125 fm
(137-183 m 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 open. NMFS is not aware of any
information, and CBD has failed to provide any supporting information
beyond generalizations about humpback whale critical habitat, that
indicates that the action presents a notable increase in potential
exposure to migrating humpback whales nor that the area includes known
or significant foraging or breeding area.
Therefore, in the Finding of No Significant Impact, NMFS concluded
that Amendment 32 will not significantly impact ESA-listed humpback
whales. NMFS also concluded there are no anticipated impacts to the
Mexican Distinct Population Segment (DPS) or the Central American DPS
of humpback whales from Amendment 32 beyond those impacts already
considered in the 2020 Biological Opinion and therefore re-initiation
is not warranted.
NMFS acknowledges CBD's comment that the draft Analysis does not
mention the Central American DPS of humpback whale. The Analysis
intentionally discusses potential impacts to humpback whales in a
generic sense without discussion of the separate subpopulations,
however Figure 27 and Figure 28 mistakenly omit the Central American
DPS in the legends. NMFS has corrected this in the Final Analysis.
CBD has alleged that NMFS cannot rely on the 2021 Marine Mammal
Protection Act (MMPA) 101(a)(5)(E) permit that was issued for the
sablefish pot gear fishery. However, this assertion incorrectly states
the status of that permit. On July 26, 2023, Judge James Donato in the
Northern District of California signed an order approving a stipulated
settlement agreement between NMFS and CBD resolving claims in the
matter of Center for Biological Diversity v. Raimondo, et al., 3:22-cv-
117 (N.D. Cal.). Under that agreement, the parties agreed that ``The
National Marine Fisheries Service's Marine Mammal Protection Act permit
regarding the sablefish pot gear fishery is hereby remanded to the
agency for further consideration without vacatur.'' Therefore, the
permit is still operable while NMFS addresses other stipulations in the
settlement agreement.
Finally, CBD claims that NMFS failed to acknowledge a 2021 humpback
whale entanglement in the hook-and-line fishery and that this
entanglement triggers re-initiation of the 2020 Biological Opinion. The
Council's ESA
[[Page 83838]]
Workgroup Report from the June 2023 Council meeting included
information on the 2021 entanglement (see Agenda Item H.6.a GESW Report
1 June 2023 at <a href="https://www.pcouncil.org">https://www.pcouncil.org</a>); this report was referenced in
the Analysis. Because this is new information, NMFS' investigation on
this entanglement is ongoing. The 2020 Biological Opinion evaluates the
ongoing operation of the entire Pacific Coast groundfish fishery, all
gear types and sectors. NMFS expects this entanglement will be
incorporated into a future stock assessment report for humpback whales
and will continue to be evaluated relative to whether this information
would lead to a re-initiation of the 2020 Biological Opinion.
Changes From the Proposed Rule
NMFS has identified minor technical changes that must be made to
the proposed rule's regulatory text amending the regulations to
implement Amendment 32. These technical changes reflect inadvertent
omissions in the proposed rule's regulatory text. This final rule
includes the following technical changes in the regulatory text, as
described below.
First, this final rule adds a generic definition for GEAs at Sec.
660.11, as opposed to only describing GEAs in the regulatory sections
that describe sector-specific management measures. The purpose of
adding this generic definition is to clarify the scope of options for
using GEAs. For example, GEAs do not always need to prohibit all
groundfish sectors from fishing in a certain area or prohibit the use
of all gear types from a certain area; they can prohibit specific
fishing sectors or specific gear types. This is consistent with the
existing regulations for how BACs may be implemented to control bycatch
of groundfish.
Second, this final rule modifies the regulations at Sec.
300.63(f)(1), Sec. 660.11, Sec. 660.60(c)(3)(i), Sec. 660.230(d)(14)
and Sec. 660.330(d)(15) to clarify that the shoreward boundary of the
EEZ (i.e., the State/Federal 3-nautical mile line) can be used as a
boundary for the Non-Trawl RCA. NMFS inadvertently omitted this change
in the proposed rule. Adding this change will make the use of the Non-
Trawl RCA consistent with the use of BACs, whose east and west
boundaries may also be defined by EEZ boundaries, and are not
necessarily restricted to boundary lines that approximate depth
contours.
Third, this final rule includes changes that provide additional
clarification on the requirements for using the non-bottom contact gear
types described at Sec. 660.330(b)(3). These requirements are
necessary for adequate enforcement of proper usage of these gear types.
Therefore, this final rule amends Sec. 660.13(d)(4)(iv) to clarify
that only one declaration for legal non-bottom contact hook-and-line
gear may be made per fishing trip (i.e., either gear code 36 at Sec.
660.(d)(4)(iv)(A)(28) or code 37 at Sec. 660.(d)(4)(iv)(A)(29)). This
change is consistent with the requirement in current regulations at
Sec. 660.330(b)(3) specifying that only one legal non-bottom contact
gear type may be carried on board at a time. Therefore, to avoid
potential confusion among fishermen, this final rule corrects the
inadvertent omission in the proposed rule of an amendment to Sec.
660.13(d)(4)(iv) to similarly specify that only one declaration can be
made. Adding this change is consistent with the Council and NMFS's
intent for these gear provisions.
Fourth, this final rule corrects an inaccurate citation (for a
table) in the regulations at Sec. 660.330(d)(14), which describes the
regulations for open access fisheries around the Farallon Islands. The
proposed rule's reference to Table 2 South should, instead, be a
reference Table 3 South, as this provision is in the open access
portion of the regulations, whereas Table 2 South is in the LEFG
portion of the regulations.
No changes were made to the final rule in response to public
comments on the proposed rule.
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 final rule to implement Amendment 32 is consistent with the
FMP, other provisions of the Magnuson-Stevens Act, and other applicable
law. For rulemaking efficiency, NMFS is also implementing 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 final 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, Department of Commerce, certified
to the Chief Counsel for Advocacy of the Small Business Administration
during the proposed rule stage that this action will not have a
significant economic impact on a substantial number of small entities.
The factual basis for this certification was published in the proposed
rule and is not repeated here. No comments were received regarding this
certification. As a result, a final regulatory flexibility analysis was
not required and none was prepared.
Information Collection Requirements
This final 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 will 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 will 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
<a href="http://www.reginfo.gov/public/do/PRAMain">www.reginfo.gov/public/do/PRAMain</a>.
[[Page 83839]]
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: November 17, 2023.
Samuel D. Rauch, III,
Deputy Assistant Administrator for Regulatory Programs, National Marine
Fisheries Service.
For the reasons set out in the preamble, NMFS amends 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, or the boundaries of the EEZ. 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 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
[[Page 83840]]
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 closures bounded
by the EEZ or depth-based 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 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 closed areas intended
to mitigate potential impacts to sensitive environments from certain
groundfish fishing activity. GEAs may prohibit fishing by certain
groundfish sectors or certain groundfish gear types. Geographic
coordinates for 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:
0
a. Revising paragraph (d)(4)(iv) introductory paragraph;
0
b. Redesignating paragraphs (d)(4)(iv)(A)(30) through (37) as
(d)(4)(iv)(A)(34) through (41); and
0
c. Adding new paragraphs (d)(4)(iv)(A)(30) through (33) to read as
follows:
Sec. 660.13 Recordkeeping and reporting.
* * * * *
[[Page 83841]]
(d) * * *
(4) * * *
(iv) Declaration reports will include: The vessel name and/or
identification number, gear type, and monitoring type where applicable,
(as defined in paragraph (d)(4)(iv)(A) of this section). Upon receipt
of a declaration report, NMFS will provide a confirmation code or
receipt to confirm that a valid declaration report was received for the
vessel. Retention of the confirmation code or receipt to verify that a
valid declaration report was filed and the declaration requirement was
met is the responsibility of the vessel owner or operator. Vessels
using non-trawl gear may declare more than one gear type with the
exception of vessels participating in the Shorebased IFQ Program (i.e.,
gear switching) and those vessels declaring to fish inside the Non-
Trawl RCA with non-bottom contact stationary vertical jig gear or
groundfish troll gear (i.e., if one of these declarations is used, no
other declaration may be made on that fishing trip); however, vessels
using trawl gear may only declare one of the trawl gear types listed in
paragraph (d)(4)(iv)(A) of this section on any trip and may not declare
non-trawl gear on the same trip in which trawl gear is declared.
(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
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
[[Page 83842]]
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) introductory
paragraph, (c)(3)(i)(C), and (h)(7)(ii)(A) to read as follows:
Sec. 660.60 Specifications and management measures.
* * * * *
(c) * * *
(3) * * *
(i) Depth-based management measures. Depth-based management
measures, particularly closed areas known as Groundfish Conservation
Areas, defined in Sec. 660.11, include RCAs, BRAs, and BACs, and may
be implemented in any fishery sector and/or for any gear type that
takes groundfish directly or incidentally. Depth-based management
measures are set using specific boundary lines that approximate depth
contours with latitude/longitude waypoints found at Sec. Sec. 660.70
through 660.74 and 660.76 or the EEZ. Depth-based management measures
and closed areas may be used for the following conservation objectives:
To protect and rebuild overfished or rebuilding stocks; to prevent the
overfishing of any groundfish species by minimizing the direct or
incidental catch of that species; or to minimize the incidental harvest
of any protected or prohibited species taken in the groundfish fishery.
Depth-based management measures and closed areas may be used for the
following economic objectives: To extend the fishing season; for the
commercial fisheries, to minimize disruption of traditional fishing and
marketing patterns; for the recreational fisheries, to spread the
available catch over a large number of anglers; to discourage target
fishing while allowing small incidental catches to be landed; and to
allow small fisheries to operate outside the normal season.
* * * * *
(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.;
[[Page 83843]]
(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]31.84' N lat.; 124[deg]22.04' W long.;
(6) 45[deg]36.95' N lat.; 124[deg]24.45' W long.;
(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.;
[[Page 83844]]
(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 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]53.00' W long.:
(i) 33[deg]21.00' N lat., 119[deg]53.00' W long.;
(ii) 33[deg]21.00' N lat., 119[deg]45.67' W long.;
(iii) 33[deg]11.00' N lat., 119[deg]45.67' W long.; and
(iv) 33[deg]11.00' N lat., 119[deg]53.00' 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.;
[[Page 83845]]
(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 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]50.27' 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]20.00' N lat., 119[deg]31.60' W long.; and
(iv) 32[deg]20.00' 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:
(1) 38[deg]03.18' N lat., 123[deg]20.77' W long.;
(2) 38[deg]06.29' N lat., 123[deg]25.03' W long.;
(3) 38[deg]06.34' N lat., 123[deg]29.32' W long.;
(4) 38[deg]04.57' N lat., 123[deg]31.30' W long.;
(5) 38[deg]02.32' N lat., 123[deg]31.07' W long.;
(6) 38[deg]00.00' N lat., 123[deg]28.40' W long.;
(7) 37[deg]58.10' N lat., 123[deg]26.66' W long.;
(8) 37[deg]55.07' N lat., 123[deg]26.81' W long.;
(9) 38[deg]00.00' N lat., 123[deg]23.08' W long.; and connecting
back to 38[deg]03.18' N lat., 123[deg]20.77' W long.
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.;
[[Page 83846]]
(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.;
(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' lat., 119[deg]27.66' W long.;
[[Page 83847]]
(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
(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]22.31' 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.;
[[Page 83848]]
(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.
(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
[[Page 83849]]
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 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 (9 m) 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 (15 m) 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.
[[Page 83850]]
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 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 or the EEZ, 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:
BILLING CODE 3510-22-P
[[Page 83851]]
[GRAPHIC] [TIFF OMITTED] TR01DE23.002
[[Page 83852]]
[GRAPHIC] [TIFF OMITTED] TR01DE23.003
BILLING CODE 3510-22-C
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. 660.312 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,
[[Page 83853]]
Rittenburg Bank, Farallon Islands/Fanny Shoal/Cochrane Bank, Farallon
Escarpment, Half Moon Bay, Pescadero Reef, Pigeon Point Reef, Ascension
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 paragraphs (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 I 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 (9 m) 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
[[Page 83854]]
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 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 RCA is defined at Sec. 660.11 and with
latitude and longitude coordinates, at Sec. Sec. 660.70 through 660.74
or the EEZ, where fishing for groundfish with nontrawl gear is
prohibited. Boundaries for the nontrawl RCA throughout the year are
provided in the header to 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 83855]]
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 3 (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 F, revise Table 3 North and Table 3 South to
read as follows:
Section 660 Subpart F Table 3 North and Table 3 South
BILLING CODE 3510-22-P
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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
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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. 2023-25905 Filed 11-30-23; 8:45 am]
BILLING CODE 3510-22-C
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