Rule2024-28035
Magnuson-Stevens Act Provisions; Fisheries Off West Coast States; Pacific Coast Groundfish Fishery; Pacific Coast Groundfish Fishery Management Plan; Amendment 33; 2025-26 Biennial Specifications and 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 16, 2024
Effective
January 1, 2025
Issuing agencies
Commerce DepartmentNational Oceanic and Atmospheric Administration
Abstract
This final rule establishes the 2025-26 harvest specifications for groundfish caught in the U.S. exclusive economic zone (EEZ) seaward of Washington, Oregon, and California, consistent with the Magnuson- Stevens Fishery Conservation and Management Act (Magnuson-Stevens Act or MSA) and the Pacific Coast Groundfish Fishery Management Plan (PCGFMP). This final rule also revises management measures intended to keep the total annual catch of each groundfish stock or stock complex within the annual catch limits. These measures are intended to help prevent overfishing, rebuild overfished stocks, achieve optimum yield, and ensure that management measures are based on the best scientific information available. Additionally, this final rule makes minor corrections (e.g., correcting grammar, removing outdated regulations, revisions for clarity) to the regulations, as well as technical corrections recommended by the Pacific Fishery Management Council (Council) at their September 2024 meeting. Last, this final rule implements amendment 33 to the PCGFMP, which establishes a rebuilding plan for California quillback rockfish and revises the allocation framework for shortspine thornyhead.
Full Text
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<title>Federal Register, Volume 89 Issue 241 (Monday, December 16, 2024)</title>
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[Federal Register Volume 89, Number 241 (Monday, December 16, 2024)]
[Rules and Regulations]
[Pages 101514-101544]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-28035]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 660
[Docket No. 241022-0278]
RIN 0648-BN08
Magnuson-Stevens Act Provisions; Fisheries Off West Coast States;
Pacific Coast Groundfish Fishery; Pacific Coast Groundfish Fishery
Management Plan; Amendment 33; 2025-26 Biennial Specifications and
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 establishes the 2025-26 harvest specifications
for groundfish caught in the U.S. exclusive economic zone (EEZ) seaward
of Washington, Oregon, and California, consistent with the Magnuson-
Stevens Fishery Conservation and Management Act (Magnuson-Stevens Act
or MSA) and the Pacific Coast Groundfish Fishery Management Plan
(PCGFMP). This final rule also revises management measures intended to
keep the total annual catch of each groundfish stock or stock complex
within the annual catch limits. These measures are intended to help
prevent overfishing, rebuild overfished stocks, achieve optimum yield,
and ensure that management measures are based on the best scientific
information available. Additionally, this final rule makes minor
corrections (e.g., correcting grammar, removing outdated regulations,
revisions for clarity) to the regulations, as well as technical
corrections recommended by the Pacific Fishery Management Council
(Council) at their September 2024 meeting. Last, this final rule
implements amendment 33 to the PCGFMP, which establishes a rebuilding
plan for California quillback rockfish and revises the allocation
framework for shortspine thornyhead.
DATES: Effective January 1, 2025.
ADDRESSES: The Analysis, which addresses the National Environmental
Policy Act, Presidential Executive Order 12866, the Regulatory
Flexibility Act, and the Magnuson-Stevens Fishery Conservation and
Management Act, is accessible via the internet at the NMFS West Coast
Region website at <a href="https://www.fisheries.noaa.gov/region/west-coast">https://www.fisheries.noaa.gov/region/west-coast</a>. The
final 2024 Stock Assessment and Fishery Evaluation (SAFE) report for
Pacific Coast groundfish, as well as the SAFE reports for previous
years, are available from the Council's website at <a href="https://www.pcouncil.org">https://www.pcouncil.org</a>. The final Council Analytical Document, which
describes the Council's final recommendations on the 2025-26 harvest
specifications and management measures and amendment 33, is also
available from the Council's website at <a href="https://www.pcouncil.org">https://www.pcouncil.org</a>.
FOR FURTHER INFORMATION CONTACT: Lynn Massey, Fishery Management
Specialist, at 562-900-2060 or <a href="/cdn-cgi/l/email-protection#80ecf9eeeeaeede1f3f3e5f9c0eeefe1e1aee7eff6"><span class="__cf_email__" data-cfemail="28445146460645495b5b4d516846474949064f475e">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
I. Harvest Specifications
This final rule sets 2025-26 harvest specifications and management
measures for the 90+ groundfish stocks or management units which
currently have annual catch limits (ACLs) or ACL contributions to stock
complexes managed under the PCGFMP, except for Pacific whiting. Pacific
whiting harvest specifications are established annually through a
separate bilateral process with Canada.
The proposed overfishing limits (OFLs), acceptable biological
catches (ABCs), and ACLs are based on the best available biological and
socioeconomic data, including projected biomass trends, information on
assumed distribution of stock biomass, and revised technical methods
used to calculate stock biomass. See tables 1a and 2a to Part 660,
Subpart C in the regulatory text supporting this rule for the 2025-26
OFLs, ABCs, and ACLs for each stock or stock complex.
A detailed description of each stock and stock complex for which
the Council establishes harvest specifications set through this rule
can be found in the 2024 SAFE document posted on the Council's website
at <a href="https://www.pcouncil.org/stock-assessments-star-reports-stat-reports-rebuilding-analyses-terms-of-reference/safe-documents-4/">https://www.pcouncil.org/stock-assessments-star-reports-stat-reports-rebuilding-analyses-terms-of-reference/safe-documents-4/</a>. A
summary of how the 2025-26 harvest specifications were developed,
including a description of off-the-top deductions for Tribal, research,
incidental open access (IOA), and experimental fisheries, was provided
in the proposed rule (87 FR 70406, August 29, 2024) and is not repeated
here. Additional information on the development of these harvest
specifications is also provided in the Analysis.
For most stocks, the Council recommended harvest specifications
based on the default harvest control rule used in the prior biennium.
The Council recommended deviating from the default harvest control rule
for four stocks in 2025-2026. Table 1 presents a summary of the changes
to the harvest control rules for these stocks for the 2025-26 biennium.
Each of these changes was discussed in the proposed rule and that
discussion is not repeated here.
Table 1--Changes to Harvest Control Rules for the 2025-26 Biennium
------------------------------------------------------------------------
Alternative
Stock Default harvest harvest control
control rule \a\ rule \a\
------------------------------------------------------------------------
Rex Sole........................ ACL = ABC (P* ACL = ABC (P*
0.40). 0.45).
Shortspine thornyhead \b\....... ACL < ABC (P* ACL < ABC (P*
0.40). 0.45), 40-10 HRC
applied.
Dover sole...................... ACL = 50,000 ACL = ABC (P*
metric tons (mt). 0.45).
Quillback Rockfish off ACL contribution < ABC Rule \d\ (ACL
California. ABC (SPR 0.55; P* = ABC; P* 0.45).
0.45) \c\.
------------------------------------------------------------------------
\a\ The Default Harvest Control Rules were used to set the ACLs in 2023
and 2024. The Alternative Harvest Controls rules are the proposed
changes for setting the ACLs in 2025 and 2026.
\b\ The 40-10 adjustment applies where a precautionary reduction is
warranted, per the PCGFMP at section 4.6.1. The 40-10 adjustment
reduces the harvest rate to help the stock return to the maximum
sustainable yield level.
[[Page 101515]]
\c\ In 2023-24, the harvest control rule (ACL contribution < ABC, SPR
0.55; P* 0.45) specified an ACL contribution because quillback
rockfish was still part of the Nearshore rockfish complex. For 2025-
26, California quillback rockfish is proposed to be taken out of the
Nearshore complex and managed pursuant to a stock-specific ACL.
\d\ The Council recommended the ABC Rule as the alternative harvest
control rule based on a range of harvest strategies analyzed in the
California Quillback Rockfish Rebuilding Plan new management measure,
which is described in section III, P of this preamble.
II. Management Measures
This final rule revises management measures, which are used to
further allocate the ACLs to the various components of the fishery
(i.e., biennial fishery harvest guidelines and set-asides) and to
control fishing. Management measures for the commercial fishery modify
fishing behavior during the fishing year to ensure catch does not
exceed the ACL, and include trip and cumulative landing limits, time/
area closures, size limits, and gear restrictions. Management measures
for the recreational fisheries include bag limits, size limits, gear
restrictions, fish dressing requirements, and time/area closures. Each
of these changes was discussed in the proposed rule and that discussion
is not repeated here.
A. Deductions From the ACLs
Before making allocations to the primary commercial and
recreational components of groundfish fisheries, the Council recommends
``off-the-top deductions,'' or deductions from the ACLs to account for
anticipated mortality for certain types of activities, including: (1)
harvest in Pacific Coast treaty Indian Tribal fisheries; (2) harvest in
scientific research activities; (3) harvest in non-groundfish fisheries
(i.e., IOA catch); and (4) harvest that occurs under exempted fishing
permits (EFPs). As part of NMFS' effort to simplify regulations
pertaining to harvest specifications, the footnotes that typically
specify these values in tables 1a, 1b, 2a, and 2b of subpart C have
been removed, and all off-the-top deductions for individual stocks or
stock complexes and are included in the 2024 SAFE. The details of the
EFPs are discussed below in section II, I of this preamble and section
III, I of the proposed rule.
B. Annual Catch Targets
As defined at 50 CFR 660.11, an annual catch target (ACT) is a
management target set below the ACL that may be used as an
accountability measure in cases where there is uncertainty in inseason
catch monitoring to ensure against exceeding an ACL. Since the ACT is a
target and not a limit, it can be used in lieu of harvest guidelines
(HGs) or set strategically to accomplish other management objectives.
Sector-specific ACTs can also be specified to accomplish management
objectives. For the 2025-26 biennium, NMFS is implementing ACTs for
yelloweye rockfish in the non-trawl sectors (both commercial and
recreational), copper rockfish in the recreational sector south of
34[deg] 27' North latitude (N lat.), and shortspine thornyhead in the
commercial non-trawl sector north of 34[deg] 27' N lat. Further, NMFS
is removing the ACT from the 2023-24 biennium for California quillback
rockfish. These ACTs can be found in the footnotes to tables 1a and 2a
to part 660, subpart C in the regulatory text of this final rule.
C. Biennial Fishery Allocations
The Council routinely recommends 2-year trawl and non-trawl
allocations during the biennial specifications process for stocks
without formal allocations (as defined in section 6.3.2 of the PCGFMP)
or stocks where the long-term allocation is suspended because the stock
is declared overfished. The 2-year trawl and non-trawl allocations,
with the exception of sablefish north of 36[deg] N lat., are based on
the fishery HG. The fishery HG is the tonnage that remains after
subtracting the off-the-top deductions described in section II, A,
entitled ``Deductions from the ACLs,'' in this preamble. The trawl and
non-trawl allocations and recreational HGs are designed to accommodate
anticipated mortality in each sector as well as variability and
uncertainty in those mortality estimates. Additional information on the
Council's allocation framework and formal allocations can be found in
section 6.3 of the PCGFMP and 50 CFR 660.55 of the Federal regulations.
Allocations are detailed in the harvest specification tables appended
to 50 CFR part 660, subpart C in the regulatory text of this final rule
and described in section III, C of the proposed rule. As proposed,
allocations for shortspine thornyhead and widow rockfish are revised
with this final rule.
D. Harvest Guideline Sharing Agreements
For each biennium, the Council can consider HG sharing agreements
for other stocks or stock complexes separate from the standard list of
biennial allocations discussed in section II, C of this preamble and in
section III, C of the proposed rule. These sharing agreements can be
arrangements on how the HG is split among separate states, fishery
sectors, or both. For the 2025-26 biennium, NMFS is implementing
sharing agreements for: bocaccio south of 40[deg]10' N lat., canary
rockfish, cowcod, Nearshore rockfish complex north of 40[deg]10' N
lat., sablefish south of 36[deg] N lat., slope rockfish south of
40[deg]10' N lat., and blackgill rockfish. All sharing agreements are
maintained from the 2023-24 biennium, with the exception of sablefish
south of 36[deg] N lat. NMFS is implementing a new sharing agreement
for sablefish south of 36[deg] N lat. (described in section III, D of
the proposed rule) based on a new recreational set-aside. Refer to the
Council Analytical Document (see ADDRESSES) for more information on how
these HG sharing agreements were chosen. Each of the sharing agreements
and the resulting shares between sectors and/or states are published in
the SAFE.
E. Modifications to Waypoints for Rockfish Conservation Areas
Rockfish Conservation Areas (RCAs) are large area closures intended
to reduce the catch of a rockfish stock or stock complex by restricting
fishing activity at specific depths. The boundaries for RCAs are
defined by straight lines connecting a series of latitude and longitude
coordinates that approximate depth contours. These sets of coordinates,
or lines, are not gear or fishery specific, but can be used in
combination to define an area. NMFS then implements fishing
restrictions for a specific gear and/or fishery within each defined
area. For the 2025-26 biennium, NMFS is making coordinate modifications
to six waypoints (#95 through 100) on the 50 fathom (fm) line seaward
of California between Pt. Arena and Bodega Bay. These modifications
would better align existing RCA coordinates with the 50-fm chart-based
depth contour.
F. Limited Entry Trawl
The limited entry trawl fishery is made up of the shorebased
individual fishing quota (IFQ) program (for whiting and non-whiting)
and the at-sea whiting sectors (Mothership (MS) and catcher-processor
(C/P)). For some stocks and stock complexes with a trawl allocation, an
amount is first set-aside for the at-sea whiting sector with the
remainder of the trawl allocation going to the Shorebased IFQ sector.
Set-asides are not managed
[[Page 101516]]
by NMFS or the Council except in the case of a risk to the ACL.
At-Sea Set Asides
For several species, the trawl allocation is reduced by an amount
set-aside for the at-sea whiting sector. This amount is designed to
accommodate catch by the at-sea whiting sector when they are targeting
Pacific whiting. This final rule adopts at-sea set asides as shown in
section III, F, table 11 of the proposed rule.
Incidental Trip Limits for IFQ Vessels
For vessels fishing in the Shorebased IFQ Program, with either
groundfish trawl gear or non-trawl gears, the following incidentally-
caught stocks are managed with trip limits: Nearshore rockfish complex
north and south of 40[deg]10' N lat., Washington black rockfish, Oregon
black/blue/deacon rockfish complex, cabezon (46[deg]16' to 40[deg]10' N
lat. and south of 40[deg]10' N lat.), Pacific spiny dogfish, longspine
thornyhead south of 34[deg]27' N lat., big skate, California
scorpionfish, longnose skate, Pacific whiting, and the Other Fish
complex. As described in the proposed rule in section III, F, this rule
maintains the same IFQ fishery trip limits for these stocks for the
start of the 2025-26 biennium as those in place in 2024. Trip limits
for the IFQ fishery can be found in table 1b (North) and table 1b
(South) to part 660, subpart D in the regulatory text of this final
rule. Changes to trip limits would be considered a routine measure
under Sec. 660.60(c), and may be implemented or adjusted, if
determined necessary, through inseason action.
G. Limited Entry Fixed Gear (LEFG) and Open Access (OA) Non-Trawl
Fishery
Management measures for the LEFG and OA non-trawl fisheries tend to
be similar because the majority of participants in both fisheries use
hook-and-line gear. Management measures, including area restrictions
(e.g., Non-Trawl RCA) and trip limits in these non-trawl fisheries, are
generally designed to allow harvest of target stocks while keeping
catch of overfished stocks low. LEFG trip limits are specified in table
2b (North) and table 2b (South) to subpart E in the regulatory text of
this final rule. OA trip limits are specified in table 3b (North) and
table 3b (South) to subpart F, in the regulatory text of this final
rule. HG sharing agreements between non-trawl sectors are published in
the SAFE.
LEFG and OA Trip Limits
NMFS is implementing status quo trip limits for LEFG and OA
fisheries in 2025, with the exception of the OA trip limit for lingcod
north of 42[deg] N lat., which is being decreased from 11,000 pounds
(lb) (4,990 kilograms (kg)) per 2 months, to 9,000 lb (4,082 kg) per 2
months, to ensure the OA trip limit is lower than the LEFG trip limit.
NMFS is also modifying the temporal component (i.e., monthly to
bimonthly) of multiple OA and LEFG trip limits. Consolidating trip
limits from monthly to bimonthly is expected to reduce regulatory
complexity and confusion. With the exception of the trip limit for
lingcod north of 42[deg] N lat., trip limit amounts that were monthly
will double for the bimonthly trip limit (i.e., a trip limit that was
100 lb (45 kg) monthly will become a 200 lb (91 kg) trip limit in the
bimonthly option). The Council could recommend further adjustment to
the trip limits through additional inseason action, once more data on
the current limits is collected and the effects on mortality,
particularly discard mortality, are better understood. More information
on these trip limits can be found in the Council Analytical Document
(see ADDRESSES).
Primary Sablefish Tier Limits
The primary sablefish fishery tier program is a limited access
privilege program set up under amendment 14 to PCGFMP (66 FR 41152,
August 7, 2001). Participants hold limited entry permits with a pot
gear and/or longline gear endorsement and a sablefish endorsement.
Under amendment 14, as set out in 50 CFR 660.231, the permit holder
of a sablefish-endorsed permit receives a tier limit, which is an
annual share of the sablefish catch allocation to this sector. NMFS
sets three different tier limits through the biennial harvest
specifications and management measures process and up to three permits
may be stacked at one time on a vessel participating in the fishery.
Stacked tier limits are combined to provide a cumulative catch limit
for that vessel. After vessels have caught their full tier limits, they
are allowed to move into other fisheries for sablefish, specifically
the LEFG or OA trip limit fishery, or fisheries for other species. The
tier limits for 2025 are as follows: Tier 1 at 246,824 lb (111,957 kg),
Tier 2 at 112,193 lb (50,890 kg), and Tier 3 at 64,110 lb (29,080 kg).
The tier limits for 2026 are as follows: Tier 1 at 234,312 lb (106,282
kg), Tier 2 at 106,506 lb (48,310 kg), and Tier 3 at 60,860 lb (27,606
kg).
H. Recreational Fisheries
Management measures for the recreational fisheries typically
include depth restrictions and bag limits to constrain catch within the
recreational HGs for each stock. These measures are designed to limit
catch of overfished stocks found in the waters adjacent to each state
while allowing target fishing opportunities in their particular
recreational fisheries. Washington, Oregon, and California each
proposed, and NMFS is implementing, different combinations of seasons,
bag limits, area closures, and size limits for stocks targeted in
recreational fisheries, as described in section III, H of the proposed
rule. This final rule would set these measures for recreational
fisheries occurring in the EEZ. Each state, respectively, typically
sets measures for recreational fisheries in State waters. Changes to
management measures for recreational fisheries off the coasts of
Washington, Oregon and California can be found in Sec. 660.360 of the
regulatory text of this final rule.
I. Permit Program for the Directed OA Fishery Sector
NMFS is implementing a new permit program for the directed OA
sector starting on March 1, 2025. The directed OA fishery is defined in
50 CFR 660.11 under ``open access fishery'' and includes those vessels
targeting groundfish pursuant to the OA regulations under Part 660
subpart F. It does not include vessels that retain groundfish
incidentally to non-groundfish target species (e.g., the salmon troll
fishery, which may retain incidentally caught groundfish). For more
background information on this measure, see section III, J of the
proposed rule.
The permit program will require vessels that intend to participate
in the directed OA sector to register their information, pay an
administrative fee, and obtain a permit on an annual basis. Permits
will expire on the last day of the birth month of the permit holder.
The number of permits will not be capped. Permits will be assigned to a
vessel owner per vessel (i.e., if an owner intends to use two vessels
in the directed OA fishery, they would need to obtain two permits, one
for each vessel). Applications will be available year-round with an
estimated 2-week turnaround between when an applicant submits a
complete application and when a permit is issued; therefore, directed
OA participants will need to do some short-term planning ahead for
their participation in the sector. NMFS will use its existing web-based
application with digital submission and delivery of the permit
applications and to allow participants to provide either digital or
paper proof of permit upon
[[Page 101517]]
request. Required application information includes vessel ownership
documentation from either the U.S. Coast Guard or state registration
form. Permit lists would be shared with the West Coast Groundfish
Observer Program for observer selection purposes.
All permits issued by NMFS carry an administrative cost, per the
requirements for user fees based on the provision of a service. These
costs vary based on the administrative costs of receiving applications,
reviewing applications and any associated required documentation, and
issuing permits, as a factor of the number of expected applications.
The cost of the directed OA permit is estimated to be $73 per permit.
This amount was determined in accordance with the NOAA Finance Handbook
available at <a href="https://www.corporateservices.noaa.gov/finance/documents/NOAAFinanceHBTOC_09.06.19.pdf">https://www.corporateservices.noaa.gov/finance/documents/NOAAFinanceHBTOC_09.06.19.pdf</a> and will be specified on the application
form. The fee must be submitted with the application for the
application to be considered complete. NMFS periodically recalculates
the cost of permits, and will notify affected users on the application
form in the future if the cost changes.
In the proposed rule, NMFS solicited public comment on whether
vessel monitoring system (VMS) information should be required during
the application process for the directed OA permit. All directed OA
vessels are required to obtain and activate VMS in accordance with 50
CFR 660.14. NMFS did not receive any formally-submitted public comment
related to this aspect of the proposed rule and after additional
consideration, NMFS has decided to include this requirement in this
final action. Specifically, the directed OA application will require
the ``passcode,'' which is a code given to a fisherman when NOAA's
Office of Law Enforcement confirms that their VMS unit has been
activated. If fishermen do not know their passcode, they can call the
West Coast Groundfish Declarations Line at 1-888-585-5518 to obtain
that information.
Additionally, in the proposed rule, NMFS solicited public comment
on whether or not the ability to dual declare both a directed OA
declaration code (codes 33 through 35 at Sec. 660.13(d)(4)(iv)(A)) and
an IOA declaration code should be restricted. The purpose of this
restriction would be to better delineate directed OA fishermen from IOA
fishermen. NMFS did not receive any written public comment related to
this aspect of the proposed rule and, after additional consideration,
NMFS has decided to not restrict this activity.
J. Update Electronic Monitoring Program Discard and Retention
Requirements
NMFS is modifying the regulations pertaining to discard and
retention requirements in the Electronic Monitoring (EM) program for
non-IFQ species, to include sablefish and rex sole, and to exclude
California halibut. The addition of sablefish and rex sole to the
existing list in regulations, and removing California halibut from
them, align current practices with the vessel monitoring plans that
were approved under the Electronic Monitoring Program EFP. For more
background information on this measure, see section III, K of the
proposed rule.
K. Shortspine Thornyhead Allocation Framework
NMFS is modifying the allocation framework for shortspine
thornyhead. These modifications include removing the management line at
34[deg]27' N lat. and combining the area-specific ACLs, off-the-top
deductions, HGs, and trawl/non-trawl allocations that would have
otherwise been assigned north and south of 34[deg]27' N lat. NMFS is
also changing shortspine thornyhead to a 2-year allocation species
(i.e., trawl/non-trawl allocation amounts will be set biennially as
opposed to specified in the PCGFMP). See table 1a and table 2a to
subpart C in the regulatory text of this final rule for the new 2025
and 2026 ACLs, and see table 1b and table 2b to subpart C in the
regulatory text of this final rule for the new biennial trawl/non-trawl
allocations. These allocation amounts may be revisited by the Council
in future biennia. For more background information on this measure, see
section III, L of the proposed rule.
L. Requirement for Recreational Vessels To Possess a Descending Device
NMFS is implementing a new management measure that requires
recreational vessels fishing in Federal waters seaward of Washington,
Oregon, or California, to possess a functional descending device. The
requirement is one functional descending device per vessel, regardless
of the number of anglers onboard. Although each of the respective
states have their own requirements, those requirements are only
applicable in State waters. This management measure applies to any
vessel fishing for groundfish under recreational catch limits in
Federal waters, thus creating continuity across State and Federal
regulations. Anglers are required to present the descending device at
the request of an enforcement officer. For more background information
on this measure, see section III, M of the proposed rule.
M. Modification to Continuous Transit Limitations for California
Recreational Vessels
NMFS is modifying the continuous transit regulations for California
recreational vessels. These changes allow recreational vessels to stop
and/or anchor in Federal waters shoreward of a Recreational RCA line,
provided that no hook-and-line gear is deployed. NMFS took temporary
emergency action to modify the continuous transit regulations for the
2024 fishing year (89 FR 22352, April 1, 2024 and 89 FR 67326, August
20, 2024). NMFS is making the same modifications permanent through this
action for the 2025-26 biennium and beyond. For more background
information on this measure, see section III, N of the proposed rule.
N. Change to the Scientific Name of Pacific Sand Lance and the Common
Name of Pacific Spiny Dogfish
NMFS is making administrative changes to the regulations that
correct the scientific name of Pacific sand lance and the common name
of Pacific spiny dogfish. The scientific name for Pacific sand lance at
Sec. 660.5(a) is incorrectly listed as Ammodytes hexapterus. The
correct scientific name for this species is Ammodytes personatus. The
common name for spiny dogfish (Squalus suckleyi) has changed to include
``Pacific'' thus the correct common name is Pacific Spiny Dogfish.
O. Rebuilding Plan for California Quillback Rockfish
NMFS is implementing a rebuilding plan for California quillback
rockfish. NMFS declared California quillback rockfish overfished in
December 2023 in response to a data-moderate assessment conducted by
the Northwest Fisheries Science Center in 2021 (Agenda Item E.2,
Attachment 4, November 2021). When NMFS declares a stock overfished,
the Council must develop and manage the stock in accordance with a
rebuilding plan (50 CFR 600.310(j)), which must include certain
rebuilding parameters, including T<INF>MIN</INF>, T<INF>MAX</INF>, and
T<INF>TARGET</INF>. In March 2024, the Council adopted the California
quillback rockfish rebuilding analysis (Agenda Item F.2 Attachment 1,
March 2024), which specified the following rebuilding parameters:
T<INF>MIN</INF> = 2045, T<INF>MAX</INF> = 2071, and mean generation
time of 26 years. T<INF>TARGET</INF> (2060) was selected
[[Page 101518]]
based on the chosen rebuilding strategy, which is the stock's ABC Rule
(ACL = ABC; P* 0.45). As shown in the Analysis, this rebuilding
strategy has a 50 percent probability of rebuilding the stock by 2060
(T<INF>TARGET</INF>) and 73.6 percent probability of rebuilding by
T<INF>MAX</INF> (2071). Accordingly, this strategy will rebuild the
stock within the MSA-mandated timeframe, while still providing some
fishing opportunity to meet the needs of the fishing communities. For
more information about how these rebuilding parameters were developed,
see the Analysis and section III, P of the proposed rule.
The majority of quillback rockfish fishing mortality occurs in
State waters. The rebuilding plan only applies in the EEZ. NMFS expects
to work cooperatively with the California Department of Fish and
Wildlife (CDFW) on any measures the state deems fit to apply in state
waters to support rebuilding throughout the stock's range. Mortality of
California quillback rockfish in state waters will be deducted from the
Federal ACL.
P. Administrative Changes to 50 CFR Part 660
This final rule makes minor corrections to the regulations at 50
CFR part 660, which were included in the proposed rule. These minor
corrections are necessary to reduce confusion and inconsistencies in
the regulatory text, alleviate enforcement challenges, and ensure the
regulations accurately implement the Council's intent.
At Sec. 660.11, NMFS removed the definition for ``grandfathered or
first generation'' because it is a term that is no longer used in
Federal regulations.
At Sec. 660.13, NMFS made various changes to the non-trawl logbook
regulations. First, at Sec. 660.13(a)(3)(ii)(A) and (B), NMFS amended
the regulations to clarify that information on setting and retrieving
gear must be recorded for every set. The regulations as previously
written: ``Logbook entries for setting gear, including vessel
information, gear specifications, set date/time/location, must be
completed within 2 hours of setting gear'' created enforcement
challenges because some fishermen interpreted the regulations to mean
that they were only required to record information once all of their
gear was deployed (i.e., if they set a portion of their gear on one
day, and the rest of their gear the next day, they interpreted that to
mean the 2-hour requirement starts after the last piece of gear is
set). Amending these regulations clarifies that the 2-hour and 4-hour
requirements for setting and retrieving gear apply to each individual
set. Second, at Sec. 660.13(a)(3)(ii)(A) and (B), NMFS clarified that
all logbook information, whether recorded inside or outside of the
electronic application, must be available at-sea for review by an
enforcement officer. The regulations as written: ``Information recorded
outside of the logbook entry must be available for review at-sea by
authorized law enforcement personnel upon request'' have led to
enforcement challenges because some fishermen have interpreted the
regulations to mean they are only required to show enforcement officers
logbook data that they have recorded outside of the electronic
application. Amending these regulations clarifies that all logbook
data, whether recorded in the electronic application or by some other
method, must be available for review by an enforcement officer. Third,
NMFS removed the paragraph at Sec. 660.13(a)(4), as the non-trawl
paper logbook provision will expire at the end of 2024 and this
regulation will no longer be relevant starting in 2025.
At Sec. 660.55(i)(2), NMFS clarified that at-sea set-asides are
described in the biennial specifications process and not ``in Tables 1D
and 2D of this subpart'' as previously stated.
At Sec. 660.60(c)(1)(i), NMFS removed the cross reference to
``(c)(1)(i)(A) and (B) of this section'' as those references no longer
exist.
At Sec. 660.60(g) and Sec. 660.65, NMFS clarified the language
about how catch of groundfish species in state waters is accounted for
under Federal harvest specifications.
At Sec. 660.140(g), NMFS added a sentence clarifying that IFQ
species with discard mortality rates (DMRs) should be appropriately
accounted for when deducting discard amounts from quota pounds (QP) in
vessel accounts. As previously written, the regulations stated that
discarded species must be accounted for and deducted from QP in vessels
accounts, but they did not state that the species with reduced discard
amounts because of DMRs should be accounted for when deducting discard
amounts from QP in vessels accounts. Revising this regulation clarifies
that IFQ species with DMRs should also be accounted for when deducting
discard amounts from QP in vessel accounts.
At Sec. 660.230(b) and Sec. 660.330(b), NMFS removed the 25-hook
maximum limit on each mainline. As previously written, the regulations
precluded fishermen from adjusting the number of hooks on mainlines if
they were using fewer than four mainlines. For example, if a fisherman
chooses to only have two mainlines in the water, then the intent of the
regulations is to allow a maximum of 50 hooks on each mainline.
However, as previously written, the fisherman would still only be able
to use 25 hooks per mainline. The gear specifications require that no
more than 100 hooks may be in the water, therefore, removing the 25-
hook maximum does not change the intent of the regulations.
At Sec. 660.231, NMFS revised the paragraph at (b)(3)(iv) to
improve readability. The purpose of these revisions is to make the
regulatory text less confusing for fishermen and enforcement to
interpret. No substantive changes to this regulation were made.
III. Comments and Responses
The notice of availability (NOA) for amendment 33 to the PCGFMP was
published on August 2, 2024 (89 FR 63153). NMFS received one supportive
public comment on the NOA. The proposed rule was published on August
29, 2024 (87 FR 70406). NMFS received two public comments which were
generally supportive of the proposed rule, one of which offered
technical corrections. All public comments pertaining to the changes to
the PCGFMP and harvest specification and management measures described
in the proposed rule are summarized and addressed below.
Comment 1: CDFW submitted a public comment that supported the
proposed rule. CDFW also provided NMFS with a list of technical
corrections and clarifications to the text in the preamble of the
proposed rule.
Response: NMFS thanks CDFW for their support and thorough review of
the proposed rule. All technical corrections and clarifications
requested by CDFW were to text or tables in the preamble of the
proposed rule; none of which are carried forward in the preamble of
this final rule. However, NMFS affirms the below technical corrections
and clarifications to the proposed rule preamble text and tables.
On page 70414, the cabezon IOA set-aside for 2025 in table 5 was
incorrectly listed as 0.06 mt. The correct value is 0.6 mt. With the
implementation of this final rule, IOA set-asides are no longer
specified in regulatory text, but will be available in the SAFE posted
on the Council's website (see ADDRESSES).
On page 70416, the 2026 bocaccio south of 40[deg]10' N lat. non-
trawl percentage and value in table 8 was incorrectly listed as 60
percent and 1,025.1 mt. The correct values are 61 percent and 1,012.7
mt. These values were correctly listed in the proposed regulatory text
in table 2b to Part 660, Subpart C on page 70436.
[[Page 101519]]
On page 70421, the season dates for the Northern Mendocino, San
Francisco, and part of the Central Groundfish Management Areas (GMAs)
were incorrectly listed as April 1-April 31. The correct dates are
April 1-April 30. Additionally, on page 70421 in the same paragraph,
the ``closed in the EEZ'' text, listed between the October and December
seaward of 50 fm fisheries, did not provide a corresponding time for
that closure, which should be November 1-November 30. These season
dates and time ranges were accurately listed in table 13 on page 70421.
Last, on page 70421, CDFW recommended that NMFS use consistent naming
conventions for the Central Management Areas, as CDFW uses in their
state regulations. NMFS lists these two areas as Central Management
Area (37[deg]11' N lat. to 36[deg] N lat.) and Central Management Area
(36[deg] N lat. to 34[deg]27' N lat.), whereas CDFW refers to these
areas as ``Central north'' and ``Central south.'' NMFS will consider
this recommendation in the drafting of future rulemakings.
On page 70422, CDFW commented that NMFS mis-characterized how RCA
lines have historically been used for recreational fisheries. NMFS
agrees that using a range of depths, i.e., implementing an RCA closure
between two fathom lines, is a standard practice for the commercial
non-trawl fishery, and not the recreational fishery as the proposed
rule text suggests. Additionally, on page 70422, CDFW commented that
NMFS incorrectly identified the first time that the 50 fm ``offshore
fishery'' management measure was enacted. NMFS cited the Council's
September 2023 inseason action (88 FR 67656, October 2, 2023) as the
first time the 50 fm ``offshore fishery'' came into effect, while CDFW
commented that such an ``offshore fishery'' was in effect from May 15
to July 15, 2023, in the San Francisco and Mendocino GMAs, and that
offshore only fisheries were also scheduled to occur from October 1
through December 31, 2023, in the Central GMA, and from September 16
through December 31, 2023, in the Southern GMA. These scheduled
offshore fishery management measure actions identified by CDFW were
enacted by CDFW through their State regulations. Thus, NMFS correctly
cited the September 2023 inseason action as the first time that an
``offshore fishery'' management measure was enacted in Federal waters
through the Council process. Next, on page 70422, NMFS affirms CDFW's
comment that the seasonal Recreational RCA boundaries listed in table
13 are not an ``exception'' to the recreational management measures to
be carried forward from 2024 to the 2025-26 biennium, as the text
suggests. No changes were made to the season structure and depth limits
by management area between 2024 and 2025-26. NMFS did however change
the language used in table 13 to describe when recreational vessels are
required to fish shoreward of 20 fm (i.e., NMFS denotes ``closed in the
EEZ'' instead of ``<20 fm''). Last, on page 70422, when discussing the
modification of filet requirements for select groundfish species, CDFW
recommended that NMFS specify the ``entire skin'' when referring to the
skin that is required to be left on the filet. NMFS affirms that the
intent is for the ``entire skin'' to be left on the filet in the
modified requirements.
The remainder of CDFW's suggestions, such as deleting commas and
rearranging paragraphs, do not apply in this final rule as the text
commented on is not being carried forward in this final rule.
Comment 2: The Pacific Whiting Conservation Cooperative (PWCC)
submitted a comment that supports the proposed rule; specifically the
proposed set-asides for the at-sea Pacific whiting sectors.
Response: NMFS thanks the PWCC for their support and appreciates
their collaboration on the development of the set-asides.
Comment 3: An anonymous individual submitted a comment on the NOA
that supports the proposed amendment, including the California
Quillback Rockfish Rebuilding Plan and the revised allocation framework
for shortspine thornyhead.
Response: NMFS thanks the commenter for their support of the
proposed amendment.
IV. Council-Recommended Corrections to the Proposed Rule
At the September 2024 meeting, the Council discussed and
recommended necessary corrections to the proposed rule that were
discovered by Council and NMFS staff during the preparation of the
proposed rule. The Council also recommended that certain inseason
changes for 2024 be carried over to the start of 2025. In alignment
with the Council's recommendations, NMFS offers the following
corrections and carryover changes in this final rule. These corrections
and changes to the proposed rule do not change the substance or intent
of this action.
In tables 1a, 1b, 2a, and 2b to 50 CFR part 660 Subpart C in the
regulatory text of the proposed rule (see 87 FR 70434 through 87 FR
70438), the OFLs, ABCs, ACLs, and biennial allocations for the Shelf
Rockfish complexes north and south of 40[deg]10' N lat are incorrect.
In addition, the trawl IFQ allocations for north of 40[deg]10' N lat on
table 1 to paragraph (d)(1)(ii)(D) to Part 660 Subpart D are incorrect
(see 87 FR 70439). These errors occurred because the harvest
specifications for greenspotted rockfish, which is a component species
of the Shelf Rockfish complexes, were incorrect in the Council's final
Analytical Document (see ADDRESSES), and those specifications
contributed to the overall OFLs, ABCs, ACLs, and allocations for the
Shelf Rockfish complexes specified in the proposed rule. The Council's
Scientific and Statistical Committee reviewed and approved the revised
OFLs and ABCs at the Council's September 2024 meeting. Specifically,
the corrected harvest specifications, biennial allocations, and trawl
IFQ allocations for the Shelf Rockfish complexes can be found in Agenda
Item I.6 Supplemental Revised Attachment 1 September 2024 (see
<a href="http://pcouncil.org">pcouncil.org</a>) and in tables 2 through 5 below. These corrections are
incorporated into tables 1a, 1b, 2a, and 2b to CFR 50 Part 660 Subpart
C and table 1 to paragraph (d)(1)(ii)(D) to Part 660 Subpart D in the
regulatory text of this final rule.
Table 2--2025 Harvest Specifications for the Shelf Rockfish Complex North and South of 40[deg]10' N Lat.,
Corrected, Values in mt
----------------------------------------------------------------------------------------------------------------
Area 2025 OFL 2025 ABC 2025 ACL 2025 HG
----------------------------------------------------------------------------------------------------------------
North of 40[deg]10' N lat............... 1,668.66 1,329.7 1,329.6 1,250.4
South of 40[deg]10' N lat............... 1,827.6 1,457.7 1,457.12 1,430.52
----------------------------------------------------------------------------------------------------------------
[[Page 101520]]
Table 3--2026 Harvest Specifications for the Shelf Rockfish Complex North and South of 40[deg]10' N Lat.,
Corrected, Values in mt
----------------------------------------------------------------------------------------------------------------
Area 2026 OFL 2026 ABC 2026 ACL 2026 HG
----------------------------------------------------------------------------------------------------------------
North of 40[deg]10' N lat............... 1,654.54 1,316.3 1,316.2 1,263.8
South of 40[deg]10' N lat............... 1,827.12 1,455.37 1,454.89 1,428.4
----------------------------------------------------------------------------------------------------------------
Table 4--2025 and 2026 Trawl/Non-Trawl Allocations for the Shelf Rockfish Complex North and South of 40[deg]10'
N Lat., Corrected, Values in mt
----------------------------------------------------------------------------------------------------------------
Area 2025 Trawl 2025 Non-trawl 2026 Trawl 2026 Non-trawl
----------------------------------------------------------------------------------------------------------------
North of 40[deg]10' N lat............... 760.81 502.99 752.74 497.66
South of 40[deg]10' N lat............... 174.52 1,256.0 174.27 1,254.14
----------------------------------------------------------------------------------------------------------------
Table 5--2025 and 2026 Trawl IFQ Allocations for the Shelf Rockfish
Complex North of 40[deg]10' N Lat., Corrected, Values in mt
------------------------------------------------------------------------
Area 2025 2026
------------------------------------------------------------------------
Trawl allocation.................... 760.81 752.74
At-sea Set-Aside.................... 35 35
IFQ................................. 725.81 717.74
------------------------------------------------------------------------
In table 3b (South) to Part 660 Subpart F in the regulatory text of
the proposed rule (see 87 FR 70446), the trip limit for sablefish
between 40[deg]10' N lat. and 36[deg] N lat. is incorrect. In alignment
with the Council's recommendation, NMFS is changing the trip limit to
3,250 lbs. (1,474 kg) per week not to exceed 6,500 lbs. (2,948 kg) per
2 months. More information on the corrected trip limit can be found in
Agenda Item I.6.a Supplemental GMT Report 1 September 2024 (see
<a href="http://pcouncil.org">pcouncil.org</a>).
Additionally, in alignment with the Council's recommendation, NMFS
is changing the LEFG and OA trip limits for cabezon and the Nearshore
Rockfish complex in the area south of 40[deg]10' N lat. The purpose of
these changes is to align Federal trip limits with California state
trip limits at the beginning of 2025, which will reduce enforcement
complexity and simplify regulations for fishermen. For more information
on these trip limit changes, see Agenda Item I.6.a Supplemental GMT
Report 1 September 2024 at <a href="http://pcouncil.org">pcouncil.org</a>. The trip limit changes in
table 6 below are incorporated into tables 2b (South) and 3b (South) to
Part 660 Subpart F in the regulatory text of this final rule.
Table 6--LEFG and OA Trip Limits for Cabezon and the Nearshore Rockfish
Complex for South of 40[deg]10' N Lat., Revised
------------------------------------------------------------------------
Species Trip limit
------------------------------------------------------------------------
Cabezon (40[deg]10' N lat.-37[deg]07' N CLOSED.
lat.).
Cabezon (south of 37[deg]07' N lat.)...... Unlimited.
Nearshore rockfish complexes:
Shallow nearshore rockfish complex CLOSED.
(40[deg]10' N lat.-37[deg]07' N lat.).
Shallow nearshore rockfish complex 2,000 lb/2 months.
(south of 37[deg]07' N lat.).
Deeper nearshore rockfish complex CLOSED.
(40[deg]10' N lat.-37[deg]07' N lat.).
Deeper nearshore rockfish complex 2,000 lb/2 months, of which
(south of 37[deg]07' N lat.). no more than 75 lb may be
copper rockfish.
------------------------------------------------------------------------
V. Other Changes to the Proposed Rule
NMFS offers the below additional changes to the proposed rule.
These changes are additional clarifying changes that NMFS deems
necessary to achieve regulatory consistency and accuracy. These
clarifications and corrections to the information provided in the
proposed rule do not change the substance or intent of this action.
Table 2a to Part 660, Subpart C in the regulatory text of the
proposed rule (see 87 FR 70436) shows an incorrect area delineation for
the Nearshore Rockfish North complex. The area delineation is listed as
N of 42[deg] N lat., whereas it should be listed as N of 40[deg]10' N
lat. NMFS has corrected this error in Table 2a to Part 660, Subpart C
in the regulatory text of this final rule.
In table 1b to Part 660 Subpart C of the regulatory text of the
proposed rule (see 87 FR 70434), the 2025 non-trawl allocation (i.e.,
the non-trawl HG) of 38.5 mt for yelloweye rockfish is incorrect. The
correct value of 37.7 mt is incorporated into table 2b Part 660 Subpart
C of the regulatory text of this final rule.
In table 1 to Paragraph (d)(1)(ii)(D), the 2025 Shorebased trawl
allocations were incorrect for arrowtooth flounder, dover sole, lingcod
north of 40[deg]10' N lat., widow rockfish, the Other flatfish complex,
and the Shelf Rockfish complex north of 40[deg]10' N lat. Additionally,
the 2026 Shorebased trawl allocations were incorrect for yelloweye
rockfish, arrowtooth flounder, cowcod south of 40[deg]10' N lat.,
canary rockfish, sablefish north of 36[deg] N lat., sablefish south of
36[deg] N lat., widow rockfish, the Shelf Rockfish complex north of
40[deg]10' N lat., and the Shelf Rockfish complex south of 40[deg]10' N
lat.. These errors occurred either because of rounding
[[Page 101521]]
error or because of a miscalculation in subtracting the 2025-26 at-sea
set-asides for the at-sea Pacific whiting sectors. NMFS has corrected
these values in table 1 to paragraph (d)(1)(ii)(D) in the regulatory
text of this final rule.
Since the proposed rule (87 FR 70406) published, NMFS has
recognized that there may be confusion about how renewal of the
directed OA permit will work during 2025. NMFS has set the expiration
date for the directed OA permits as the last day of the permit holder's
birthday month. Therefore, there was ambiguity regarding whether a
permit holder would need to pay for the directed OA permit twice if,
for example, they receive a directed OA permit in January 2025, but
their birthday month is in March 2025. To prevent multiple charges for
directed OA permits in 2025, NMFS has added a paragraph under Sec.
660.25(i)(2)(iv)(A) to clarify that directed OA permits issued in 2025
will be valid for the remainder of 2025 and through the permit holder's
birthday month in 2026. For directed OA permits issued in 2026, and
after, the duration of a directed OA permit will be no longer than 1
year and the expiration will be on the last day of the permit holder's
birthday month. NMFS also added additional language at Sec.
660.14(d)(4)(iii) to allow a VMS exemption if a directed OA permit has
not been renewed and the vessel is not participating in a different
fishery that requires VMS. If NMFS does not provide this exemption,
then the vessel would be required to have VMS for the remainder of the
fishing year, regardless of its fishing activity.
Additionally, NMFS is making a minor administrative revision to a
regulation promulgated in this final rule to clarify existing
requirements for logbooks. NMFS added a sentence under Sec.
660.13(a)(3)(ii) explaining that non-trawl logbook submissions are not
required if no fish were caught or discarded on a fishing trip. In
reviewing the corrections to the non-trawl logbook regulations in 50
CFR part 660 noticed in the proposed rule, NMFS noted ambiguity in the
current regulations regarding whether logbook submissions are required
if no fish are caught or discarded on a fishing trip and accordingly
added a sentence under Sec. 660.13(a)(3)(ii) to clarify logbook
submission is not required in such circumstances.
Lastly, NMFS included regulations in the proposed rule that remove
the Farallon Islands from the list of Groundfish Conservation Areas at
Sec. Sec. 660.11, 660.70, 660.230, and 660.330. The reason for
removing the Farallon Islands from these lists is because the only
fishery regulations pertaining to the Farallon Islands apply within 10
fm (18 m), which is entirely in State waters. Therefore, NMFS removed
the closure from Federal regulations. Although the regulatory revisions
were included in the proposed rule, NMFS did not describe the change in
the preamble and is therefore highlighting the changes in this final
rule.
VI. Classification
Pursuant to section 304(b)(1)(A) and section 305(d) of the
Magnuson-Stevens Act, the NMFS Assistant Administrator has determined
that this final rule is consistent with the PCGFMP, other provisions of
the Magnuson-Stevens Act, and other applicable law.
NMFS finds good cause to waive the 30-day delay in effectiveness
pursuant to 5 U.S.C. 553(d)(3), so that this final rule may become
effective on January 1, 2025. This action establishes the final
specifications (i.e., annual catch limits) for the Pacific Coast
groundfish fisheries for the 2025 fishing year, which begins on January
1, 2025. If this final rule is not effective on January 1, 2025, then
the fishing year begins using the catch limits and management measures
from 2024.
Pursuant to Executive Order 13175, this rulemaking was developed
after meaningful consultation and collaboration with Tribal officials
from the area covered by the PCGFMP. Under the MSA at 16 U.S.C.
1852(b)(5), one of the voting members of the Council must be a
representative of an Indian Tribe with federally recognized fishing
rights from the area of the Council's jurisdiction. In addition,
regulations implementing the PCGFMP establish a procedure by which the
Tribes with treaty fishing rights in the area covered by the PCGFMP
request new allocations or regulations specific to the Tribes, in
writing, before the first of the two meetings at which the Council
considers groundfish management measures. The regulations at 50 CFR
660.50 further direct NMFS to develop Tribal allocations and
regulations in consultation with the affected Tribes. The Tribal
management measures in this rule have been developed following these
procedures. The Tribal representative on the Council made a motion to
adopt the non-whiting Tribal management measures, which was passed by
the Council. Those management measures, which were developed and
proposed by the Tribes, are included in this final rule.
This final rule has been determined to be not significant for
purposes of Executive Order 12866.
NMFS prepared an Analysis for this action, which addresses the
statutory requirements of the MSA, Presidential Executive Order 12866,
and the Regulatory Flexibility Act. The full suite of alternatives
analyzed by the Council can be found on the Council's website at
<a href="http://www.pcouncil.org">www.pcouncil.org</a>. NMFS addressed the statutory requirements of the
National Environmental Policy Act through preparation of an
Environmental Assessment (EA), which is included in the Analysis. The
EA concluded that there will be no significant impact on the human
environment as a result of this rule. A copy of the Analysis is
available from NMFS (see ADDRESSES).
The Chief Counsel for Regulation of the Department of Commerce
certified to the Chief Counsel for Advocacy of the Small Business
Administration during the proposed rule stage that this action would
not have a significant economic impact on a substantial number of small
entities. The factual basis for the 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.
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 revises
existing requirements for information collection 0648-0203, Northwest
Region Federal Fisheries Permits. The main change to this collection is
the addition of a new directed groundfish OA fishery permit. The
addition of this permit will increase the number of respondents for
this collection by 400 respondents. The public reporting burden for the
directed groundfish OA permit is estimated to average 20 minutes per
respondent, including the time for reviewing instructions, searching
existing data sources, gathering and maintaining the data needed, and
completing and reviewing the collection of information. This results in
an additional 133 hours for the time burden for this collection (1,953
hours to 2,086 hours). The additional permit will also result in
additional labor costs of $2,226.67 and $40,000 in miscellaneous costs
to the public.
We invite the general public and other Federal agencies to comment
on proposed and continuing information collections, which helps us
assess the impact of our information collection requirements and
minimize the public's reporting burden. Written comments and
recommendations for this
[[Page 101522]]
information collection should be submitted at the following website
<a href="http://www.reginfo.gov/public/do/PRAMain">www.reginfo.gov/public/do/PRAMain</a>. Find this particular information
collection by using the search function and entering either the title
of the collection or the OMB Control Number 0648-0203.
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 in 50 CFR Part 660
Fisheries, Fishing, Reporting and recordkeeping requirements.
Dated: November 22, 2024.
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 part
660 as follows:
PART 660--FISHERIES OFF WEST COAST STATES
0
1. The authority citation for part 660 continues to read as follows:
Authority: 16 U.S.C. 1801 et seq., 16 U.S.C. 773 et seq., and 16
U.S.C. 7001 et seq.
0
2. Amend part 660 by:
0
a. Removing the word ``non-coop'' and adding in its place the word
``non-cooperative'' wherever it appears;
0
b. Removing the word ``coop's'' and adding in its place the word
``cooperative's'' wherever it appears;
0
c. Removing the name ``nontrawl RCA'' and adding in its place the name
``Non-Trawl RCA'' wherever it appears; and
0
d. Removing the word ``nontrawl'' and adding in its place the word
``non-trawl'' wherever it appears.
0
3. Amend Sec. 660.5 by revising paragraph (a)(3) to read as follows:
Sec. 660.5 Shared Ecosystem Component Species.
(a) * * *
(3) Pacific sand lance (Ammodytes personatus)
* * * * *
0
4. Amend Sec. 660.11:
0
a. In the definition of ``Conservation areas(s)'' by removing paragraph
(1)(v); redesignating paragraphs (1)(vi), (vii), and (viii) as
paragraphs (1)(v), (vi), and (vii); and revising newly redesignated
paragraphs (1)(vi)(A) and (B);
0
b. By removing the definition of ``Grandfathered or first generation'';
0
c. In the definition of ``Groundfish'' by revising paragraphs (1) and
(7); and
0
d. In the definition of ``Open access fishery'' by revising paragraph
(1) and adding paragraph (2).
The revisions and addition read as follows:
Sec. 660.11 General definitions.
* * * * *
Conservation area(s) * * *
(1) * * *
(vi) * * *
(A) Trawl (Limited Entry and Open Access Non-groundfish Trawl
Gears) RCAs. The Trawl RCAs are intended to protect a complex of
species, such as overfished shelf rockfish species, and have boundaries
defined by specific latitude and longitude coordinates approximating
depth contours. Boundaries for the limited entry Trawl RCA throughout
the year are provided in table 1a (North) subpart D of this part.
Boundaries for the open access non-groundfish Trawl RCA throughout the
year are provided in Sec. 660.333(e). Boundaries of the Trawl RCAs may
be modified by NMFS inseason pursuant to Sec. 660.60(c).
(B) Non-Trawl (Limited Entry Fixed Gear and Open Access Non-Trawl
Gears) RCAs. Non-Trawl RCAs are intended to protect a complex of
species, such as overfished shelf rockfish species, and have boundaries
defined by specific latitude and longitude coordinates approximating
depth contours. Boundaries for the Non-Trawl RCA throughout the year
are provided in tables 2a (North) and 2a (South) of subpart E of this
part and tables 3a (North) and 3a (South) of subpart F of this part and
may be modified by NMFS inseason pursuant to Sec. 660.60(c).
* * * * *
Groundfish * * *
(1) Sharks: Leopard shark, Triakis semifasciata; soupfin shark,
Galeorhinus zyopterus; Pacific spiny dogfish, Squalus suckleyi.
* * * * *
(7) Rockfish: ``Rockfish'' in the PCGFMP include all genera and
species of the family Scorpaenidae that occur off Washington, Oregon,
and California, even if not listed below, including longspine
thornyhead, Sebastolobus altivelis, and shortspine thornyhead, S.
alascanus. Where species below are listed both in a geographic category
(nearshore, shelf, slope) and as an area-specific listing (north or
south of 40[deg]10' N lat.) those species are managed within a complex
in that area-specific listing.
(i) Nearshore rockfish includes black rockfish, Sebastes melanops
(off Washington and California) and the following nearshore rockfish
species managed in complexes:
(A) Nearshore Rockfish Complex North of 46[deg]16' N lat.
(Washington): Black and yellow rockfish, S. chrysomelas; blue rockfish,
S. mystinus; brown rockfish, S. auriculatus; calico rockfish, S. dalli;
China rockfish, S. nebulosus; copper rockfish, S. caurinus; deacon
rockfish, S. diaconus, gopher rockfish, S. carnatus; grass rockfish, S.
rastrelliger; kelp rockfish, S. atrovirens; olive rockfish, S.
serranoides; quillback rockfish, S. maliger; treefish, S. serriceps.
(B) Nearshore Rockfish Complex between 46[deg]16' N lat. and
42[deg] N lat. (Oregon): Black and yellow rockfish, S. chrysomelas;
brown rockfish, S. auriculatus; calico rockfish, S. dalli; China
rockfish, S. nebulosus; copper rockfish, S. caurinus; gopher rockfish,
S. carnatus; grass rockfish, S. rastrelliger; kelp rockfish, S.
atrovirens; olive rockfish, S. serranoides; quillback rockfish, S.
maliger; treefish, S. serriceps.
(C) Black/blue/deacon Rockfish Complex between 46[deg]16' N lat.
and 42[deg] N lat. (Oregon): Black rockfish, S. melanops, blue
rockfish, S. mystinus, and deacon rockfish, S. diaconus.
(D) Nearshore Rockfish Complex between 42[deg] N lat. and
40[deg]10' N lat. (northern California): Black and yellow rockfish, S.
chrysomelas; blue rockfish, S. mystinus; brown rockfish, S.
auriculatus; calico rockfish, S. dalli; China rockfish, S. nebulosus;
copper rockfish, S. caurinus; deacon rockfish, S. diaconus, gopher
rockfish, S. carnatus; grass rockfish, S. rastrelliger; kelp rockfish,
S. atrovirens; olive rockfish, S. serranoides; treefish, S. serriceps.
(E) Nearshore Rockfish Complex South of 40[deg]10' N lat. (Southern
California): Nearshore rockfish are divided into three management
categories:
(1) Shallow nearshore rockfish consists of black and yellow
rockfish, S. chrysomelas; China rockfish, S. nebulosus; gopher
rockfish, S. carnatus; grass rockfish, S. rastrelliger; kelp rockfish,
S. atrovirens.
(2) Deeper nearshore rockfish consists of black rockfish, S.
melanops; blue rockfish, S. mystinus; brown rockfish, S. auriculatus;
calico rockfish, S. dalli; copper rockfish, S. caurinus; deacon
rockfish, S. diaconus; olive rockfish, S. serranoides; treefish, S.
serriceps.
(3) California scorpionfish, Scorpaena guttata.
(ii) Shelf rockfish includes bocaccio, Sebastes paucispinis; canary
rockfish, S. pinniger; chilipepper, S. goodei;
[[Page 101523]]
cowcod, S. levis; shortbelly rockfish, S. jordani; widow rockfish, S.
entomelas; yelloweye rockfish, S. ruberrimus; yellowtail rockfish, S.
flavidus and the following shelf rockfish species managed in complexes:
(A) Shelf Rockfish Complex North of 40[deg]10' N lat.:
Bronzespotted rockfish, S. gilli; bocaccio, S. paucispinis; chameleon
rockfish, S. phillipsi; chilipepper, S. goodei; cowcod, S. levis; dusky
rockfish, S. ciliatus; dwarf-red rockfish, S. rufianus; flag rockfish,
S. rubrivinctus; freckled rockfish, S. lentiginosus; greenblotched
rockfish, S. rosenblatti; greenspotted rockfish, S. chlorostictus;
greenstriped rockfish, S. elongatus; halfbanded rockfish, S.
semicinctus; harlequin rockfish, S. variegatus; honeycomb rockfish, S.
umbrosus; Mexican rockfish, S. macdonaldi; pink rockfish, S. eos;
pinkrose rockfish, S. simulator; pygmy rockfish, S. wilsoni; redstripe
rockfish, S. proriger; rosethorn rockfish, S. helvomaculatus; rosy
rockfish, S. rosaceus; silvergray rockfish, S. brevispinis; speckled
rockfish, S. ovalis; squarespot rockfish, S. hopkinsi; starry rockfish,
S. constellatus; stripetail rockfish, S. saxicola; sunset rockfish, S.
crocotulus; swordspine rockfish, S. ensifer; tiger rockfish, S.
nigrocinctus; vermilion rockfish, S. miniatus.
(B) Shelf Rockfish Complex South of 40[deg]10' N lat.:
Bronzespotted rockfish, S. gilli; chameleon rockfish, S. phillipsi;
dusky rockfish, S. ciliatus; dwarf-red rockfish, S. rufianus; flag
rockfish, S. rubrivinctus; freckled rockfish, S. lentiginosus;
greenblotched rockfish, S. rosenblatti; greenspotted rockfish, S.
chlorostictus; greenstriped rockfish, S. elongatus; halfbanded
rockfish, S. semicinctus; harlequin rockfish, S. variegatus; honeycomb
rockfish, S. umbrosus; Mexican rockfish, S. macdonaldi; pink rockfish,
S. eos; pinkrose rockfish, S. simulator; pygmy rockfish, S. wilsoni;
redstripe rockfish, S. proriger; rosethorn rockfish, S. helvomaculatus;
rosy rockfish, S. rosaceus; silvergray rockfish, S. brevispinis;
speckled rockfish, S. ovalis; squarespot rockfish, S. hopkinsi; starry
rockfish, S. constellatus; stripetail rockfish, S. saxicola; sunset
rockfish, S. crocotulus; swordspine rockfish, S. ensifer; tiger
rockfish, S. nigrocinctus; vermilion rockfish, S. miniatus; yellowtail
rockfish, S. flavidus.
(iii) Slope rockfish includes darkblotched rockfish, Sebastes
crameri; Pacific ocean perch, S. alutus; splitnose rockfish, S.
diploproa; and the following slope rockfish species managed in
complexes:
(A) Slope Rockfish Complex North of 40[deg]10' N lat.: Aurora
rockfish, S. aurora; bank rockfish, S. rufus; blackgill rockfish, S.
melanostomus; blackspotted rockfish, S. melanostictus; redbanded
rockfish, S. babcocki; rougheye rockfish, S. aleutianus; sharpchin
rockfish, S. zacentrus; shortraker rockfish, S. borealis; splitnose
rockfish, S. diploproa; yellowmouth rockfish, S. reedi.
(B) Slope Rockfish Complex South of 40[deg]10' N lat.: Aurora
rockfish, S. aurora; bank rockfish, S. rufus; blackgill rockfish, S.
melanostomus; blackspotted rockfish, S. melanostictus; Pacific ocean
perch, S. alutus; redbanded rockfish, S. babcocki; rougheye rockfish,
S. aleutianus; sharpchin rockfish, S. zacentrus; shortraker rockfish,
S. borealis; yellowmouth rockfish, S. reedi.
* * * * *
Open access fishery * * *
(1) Directed open access fishery means that a fishing vessel is
target fishing (defined at Sec. 660.11) for groundfish and is only
declared into a directed open access groundfish gear type or sector as
defined in Sec. 660.13(d)(4)(iv)(A). In addition to the requirements
in subpart F of this part, fishing vessels participating in the
directed open access fishery must be registered to a directed open
access permit described at Sec. 660.25(i) and are also subject to the
non-trawl logbook requirement at Sec. 660.13(a)(3).
(2) Incidental open access fishery means that a fishing vessel is
retaining groundfish incidentally to a non-groundfish target species
(see ``Incidental catch or incidental species'').
* * * * *
0
5. Amend Sec. 660.12 by adding paragraph (a)(22) to read as follows:
Sec. 660.12 General groundfish prohibitions.
* * * * *
(a) * * *
(22) Take and retain, possess, or land groundfish in the directed
open access fishery without having a valid directed open access permit
for the vessel.
* * * * *
0
6. Amend Sec. 660.13 by:
0
a. Revising paragraphs (a)(2)(ii) and (a)(3)(ii)(A) and (B);
0
b. Adding paragraph (a)(3)(iii);
0
c. Removing paragraph (a)(4); and
0
d. Revising paragraphs (d)(3), (d)(4)(iv) introductory text, and
(d)(4)(iv)(A)(21), (23), and (27) through (29).
The revisions and addition read as follows:
Sec. 660.13 Recordkeeping and reporting.
* * * * *
(a) * * *
(2) * * *
(ii) The limited entry fixed gear trip limit fisheries subject to
the trip limits in tables 2b (North) and 2b (South) to subpart E of
this part, and primary sablefish fisheries, as defined at Sec.
660.211; and
* * * * *
(3) * * *
(ii) * * *
(A) Setting gear. Logbook entries for setting gear, including
vessel information, gear specifications, set date/time/location, must
be completed within 2 hours of setting each piece of string or gear.
The authorized representative of each vessel may record or document
this information in a format outside of the electronic logbook
application (e.g., waterproof paper). All logbook information whether
recorded inside or outside of the electronic application must be
available for immediate review by at-sea authorized law enforcement
personnel.
(B) Retrieving gear. Logbook entries for retrieving gear, including
date/time recovered and catch/discard information, must be completed
within 4 hours of retrieving each piece of string or gear. The
authorized representative of each vessel may record or document this
information in a format outside of the electronic logbook application
(e.g., waterproof paper). All logbook information whether recorded
inside or outside of the electronic application must be available for
immediate review by at-sea authorized law enforcement personnel.
* * * * *
(iii) If no fish are retained or discarded on a fishing trip, then
a non-trawl logbook submission is not required for that fishing trip.
* * * * *
(d) * * *
(3) Declaration reports for open access vessels using non-trawl
gear (all types of open access gear other than non-groundfish trawl
gear). The operator of any vessel that is not registered to a limited
entry permit or is registered to a directed open access permit, must
provide NMFS with a declaration report, as specified at paragraph
(d)(4)(iv) of this section, before the vessel leaves port 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.
(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,
[[Page 101524]]
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). For the purpose of the directed open
access permit defined at Sec. 660.65, declaration codes for the
directed open access fishery include codes 33 through 37. 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) * * *
(21) Directed open access bottom contact hook-and-line gear for
groundfish (e.g., bottom longline, commercial vertical hook-and-line,
rod and reel, dinglebar) (declaration code 33);
* * * * *
(23) Directed open access groundfish trap or pot gear (declaration
code 34);
* * * * *
(27) Directed open access non-bottom contact hook and line gear for
groundfish (e.g., troll, jig gear, rod & reel gear) (outside the Non-
Trawl RCA only) (declaration code 35);
(28) Directed open access non-bottom contact stationary vertical
jig gear (allowed inside or outside the Non-Trawl RCA) (declaration
code 36);
(29) Directed open access non-bottom contact troll gear (allowed
inside or outside the Non-Trawl RCA) (declaration code 37);
* * * * *
0
7. Amend Sec. 660.14 by revising paragraph (d)(4)(iii) to read as
follows:
Sec. 660.14 Vessel Monitoring System (VMS) requirements.
* * * * *
(d) * * *
(4) * * *
(iii) Permit exemption. If a 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); or if a directed open access permit has not
yet been renewed, NMFS may exempt the vessel 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 (5.6-370.4 km)
offshore) for the remainder of the fishing year.
* * * * *
0
8. Amend Sec. 660.25 by adding paragraph (i) to read as follows:
Sec. 660.25 Permits.
* * * * *
(i) Directed open access permit--(1) Permit information. This
section applies to vessels that take and retain, possess, or land
groundfish in the West Coast groundfish directed open access fishery,
as defined in Sec. 660.11 under ``Open Access Fishery''. Starting on
March 1, 2025, no person shall take and retain, possess, or land
groundfish as part of the directed open access fishery, unless SFD has
issued them a permit valid for the groundfish directed open access
fishery.
(i) Validity. The following section applies to vessel for permits
under this paragraph (i):
(A) A permit issued under this paragraph (i) is valid only for the
vessel for which it is registered.
(B) A permit issued under this paragraph (i) not registered for use
with a particular vessel is not valid.
(C) Only a person eligible to own a documented vessel under the
terms of 46 U.S.C. 12103 may be issued or may hold a directed open
access vessel permit.
(D) No individual may alter, erase, mutilate, or forge any permit
or document issued under this section. Any such permit or document that
is intentionally altered, erased, mutilated, or forged is invalid.
(ii) Transferability. Permits are not transferable. A permit issued
under this paragraph (i) is valid only for the vessel for which it is
registered. A change in ownership, documentation, or name of the
registered vessel, or transfer of the ownership of the registered
vessel will render the permit invalid.
(A) A vessel owner must contact SFD if the vessel for which the
permit is issued is sold, ownership of the vessel is transferred, the
vessel is renamed, or any other reason for which the documentation of
the vessel is changed as the change may invalidate the current permit.
(B) In the case where a permit is invalidated due to a change in
documentation, a new permit application is required. To submit a new
application, please complete the process outlined in paragraph (i)(2)
of this section.
(iii) Civil Procedures. SFD may suspend, revoke, or modify any
permit issued under this section under policies and procedures in title
15 CFR part 904, or other applicable regulations in this chapter.
(2) Applications. A vessel owner who wants to engage in the West
Coast groundfish directed open access fishery, as defined in section
Sec. 660.11, must apply for the directed open access permit using the
application form in paragraph (i)(2)(i) of this section.
(i) Application form. To apply for a directed open access permit,
an individual must submit a complete permit application to the SFD West
Coast Region through the NOAA Fisheries Pacific Coast Groundfish and
Halibut Portal--Log In web page at <a href="https://www.webapps.nwfsc.noaa.gov/apex/ifq/f?p=120:LOGIN_DESKTOP">https://www.webapps.nwfsc.noaa.gov/apex/ifq/f?p=120:LOGIN_DESKTOP</a>.
(ii) Required documentation. A complete application consists of:
(A) An application form that contains valid responses for all
required data fields, information, and signatures.
(B) A copy of the current (not expired) U.S. Coast Guard
Documentation Form or state registration form for the vessel.
(C) Payment of required fees as required at paragraph (f) of this
section.
(D) Additional documentation SFD may require as it deems necessary
to make a determination on the application.
(iii) Application review, approval or denial, and appeals--(A)
Application review. Applications for groundfish directed open access
permits issued under this paragraph (i) must be received a minimum of
15 days before intending to participate in the fishery to allow for
processing time.
(B) Approved application. SFD shall issue a vessel permit upon
receipt of a completed permit application, including all required
information listed in paragraph (i)(2)(ii) of this section, submitted
through the Pacific Coast Groundfish and Halibut Portal, and a cleared
sanctions check.
(C) Denied application. If the application is denied, SFD will
issue an initial administrative decision (IAD) that will explain the
denial in writing. SFD may decline to act on a permit application that
is incomplete, or if the vessel or vessel owner is subject to sanction
provisions of the Magnuson-Stevens Act at 16 U.S.C. 1858(a) and
implementing regulations at 15 CFR part 904, subpart D.
(D) Appeals. In cases where the applicant disagrees with SFD's
decision on a permit application, the applicant may file an appeal
following the
[[Page 101525]]
procedures described at paragraph (g) of this section.
(iv) Issuance. Upon review and approval of a directed open access
permit application, SFD will issue a permit under this paragraph (i)
electronically to the permit owner.
(A) Duration. A permit issued under this paragraph (i) is valid
until the first date of renewal, except as provided in this paragraph
(i). The date of renewal will be the last day of the vessel owner's
birth month, following the year after the permit is issued (e.g., if
the birth month is March and the permit is issued on October 3, 2026,
the permit will remain valid through March 31, 2027). The permit owner
is responsible for renewing their directed open access permit. Any
permit not renewed by the renewal date will expire and is no longer
valid.
(1) For permits issued in 2025, the date of renewal will be the
last day of the vessel owner's birth month in 2026 (e.g., if the birth
month is October and the permit is issued on March 3, 2025, the permit
will remain valid through October 31, 2026).
(2) [Reserved]
(B) Display. A copy (electronic or paper) of the permit issued
under this subpart must be available for inspection by an authorized
officer when the vessel is operating in the groundfish open access
fishery, defined at Sec. 660.11.
0
9. Amend Sec. 660.40 by adding paragraph (b) to read as follows:
Sec. 660.40 Rebuilding plans.
* * * * *
(b) Quillback rockfish off California. Quillback rockfish off
California was declared overfished in 2023. The target year for
rebuilding the California quillback rockfish stock to B<INF>MSY</INF>
is 2060. The harvest control rule to be used to rebuild the quillback
rockfish stock off California is the ABC Rule (P* 0.45).
0
10. Amend Sec. 660.50 by revising paragraphs (f) and (g) to read as
follows:
Sec. 660.50 Pacific Coast treaty Indian fisheries.
* * * * *
(f) Pacific Coast treaty Indian fisheries allocations, harvest
guidelines, and set-asides. Trip limits for certain species were
recommended by the Tribes and the Council and are specified in
paragraph (g) of this section.
(1) Arrowtooth flounder. The Tribal harvest guideline is 2,041 mt
per year.
(2) Big skate. The Tribal harvest guideline is 15 mt per year.
(3) Black rockfish off Washington. (i) Harvest guidelines for
commercial harvests of black rockfish by members of the Pacific Coast
Indian Tribes using hook-and-line gear will be established biennially
for two subsequent 1-year periods for the areas between the U.S.-
Canadian border and Cape Alava (48[deg]09.50' N lat.) and between
Destruction Island (47[deg]40' N lat.) and Leadbetter Point
(46[deg]38.17' N lat.), in accordance with the procedures for
implementing harvest specifications and management measures. Pacific
Coast treaty Indians fishing for black rockfish in these areas under
these harvest guidelines are subject to the provisions in this section,
and not to the restrictions in subparts C through G of this part.
(ii) For the commercial harvest of black rockfish off Washington
State, a treaty Indian Tribes' harvest guideline is set at 30,000 lb
(13,608 kg) for the area north of Cape Alava, WA (48[deg]09.50' N lat.)
and 10,000 lb (4,536 kg) for the area between Destruction Island, WA
(47[deg]40' N lat.) and Leadbetter Point, WA (46[deg]38.17' N lat.).
This harvest guideline applies and is available to the Pacific Coast
treaty Indian Tribes. There are no Tribal harvest restrictions for
black rockfish in the area between Cape Alava and Destruction Island.
(4) Canary rockfish. The Tribal harvest guideline is 50 mt per
year.
(5) Darkblotched rockfish. The Tribal harvest guideline is 5 mt per
year.
(6) Dover sole. The Tribal harvest guideline is 1,497 mt per year.
(7) English sole. The Tribal harvest guideline is 200 mt per year.
(8) Lingcod. The Tribal harvest guideline is 250 mt per year.
(9) Longnose skate. The Tribal harvest guideline is 220 mt per
year.
(10) Minor nearshore rockfish. The Tribal harvest guideline is 1.5
mt per year.
(11) Minor shelf rockfish. The Tribal harvest guideline is 30 mt
per year.
(12) Minor slope rockfish. The Tribal harvest guideline is 36 mt
per year.
(13) Other flatfish. The Tribal harvest guideline is 60 mt per
year.
(14) Pacific cod. The Tribal harvest guideline is 500 mt per year.
(15) Pacific ocean perch. The Tribal harvest guideline is 130 mt
per year.
(16) Pacific spiny dogfish. The Tribal harvest guideline is 275 mt
per year.
(17) Pacific whiting. The Tribal whiting allocation will be
announced annually in conjunction with the Total Allowable Catch (TAC)
setting process of the Whiting Act.
(18) Petrale sole. The harvest guideline is 290 mt per year.
(19) Sablefish. (i) The sablefish allocation to Pacific coast
treaty Indian Tribes is 10 percent of the sablefish ACL for the area
north of 36[deg] N lat. This allocation represents the total amount
available to the treaty Indian fisheries before deductions for discard
mortality.
(ii) The Tribal allocation is 2,869 mt in 2025 and 2,724 mt in
2026. This allocation is, for each year, 10 percent of the Monterey
through Vancouver area (North of 36[deg] N lat.) ACL, including
estimated discard mortality.
(20) Starry flounder. The Tribal harvest guideline is 2 mt per
year.
(21) Thornyheads. The Tribal harvest guideline for shortspine
thornyhead is 50 mt per year and the Tribal harvest guideline for
longspine thornyhead is 30 mt per year.
(22) Washington cabezon/kelp greenling. The Tribal harvest
guideline is 2 mt per year.
(23) Widow rockfish. Widow rockfish taken in the directed Tribal
midwater trawl fisheries are subject to a catch limit of 200 mt for the
entire fleet, per year.
(24) Yelloweye rockfish. The Tribal harvest guideline is 8 mt per
year.
(25) Yellowtail rockfish. Yellowtail rockfish taken in the directed
Tribal mid-water trawl fisheries are subject to a catch limit of 1,000
mt for the entire fleet, per year.
(g) Pacific coast treaty Indian fisheries management measures. Trip
limits for certain species were recommended by the Tribes and the
Council and are specified here.
(1) Rockfish. The Tribes will require full retention of all
overfished rockfish species and all other marketable rockfish species
during treaty fisheries.
(2) Yelloweye rockfish. Subject to a 200-lb (90-kg) trip limit.
(3) Pacific whiting. Tribal whiting processed at-sea by non-Tribal
vessels, must be transferred within the Tribal U&A from a member of a
Pacific Coast treaty Indian Tribe fishing under this section.
(4) Groundfish without a Tribal allocation. Makah Tribal members
may use midwater trawl gear to take and retain groundfish for which
there is no Tribal allocation and will be subject to the trip landing
and frequency and size limits applicable to the limited entry fishery.
(5) EFH. Measures implemented to minimize adverse impacts to
groundfish EFH, as described in Sec. 660.12, do not apply to Tribal
fisheries in their U&A fishing areas described at Sec. 660.4, subpart
A.
(6) Small footrope trawl gear. Makah Tribal members fishing in the
bottom trawl fishery may use only small footrope (less than or equal to
8 inches (20.3 cm)) bottom trawl gear.
* * * * *
[[Page 101526]]
0
11. Amend Sec. 660.55 by revising table 1 to paragraph (c)(1) and
paragraph (i)(2) to read as follows:
Sec. 660.55 Allocations.
* * * * *
(c) * * *
(1) * * *
Table 1 to Paragraph (c)(1)--Allocation Amounts and Percentages for Limited Entry Trawl and Non-Trawl Sectors
Specified for FMP Groundfish Stocks and Stock Complexes
----------------------------------------------------------------------------------------------------------------
All non-treaty LE trawl All non-treaty non-trawl
Stock or complex sectors (%) sectors (%)
----------------------------------------------------------------------------------------------------------------
Arrowtooth Flounder................................. 95 5
Chilipepper Rockfish S. of 40[deg]10' N lat......... 75 25
Darkblotched Rockfish............................... 95 5
Dover Sole.......................................... 95 5
English Sole........................................ 95 5
Lingcod N of 40[deg]10' N lat....................... 45 55
Longspine Thornyhead N of 34[deg]27' N lat.......... 95 5
Pacific Cod......................................... 95 5
Pacific Ocean Perch................................. 95 5
Sablefish S of 36[deg] N lat........................ 42 58
Splitnose Rockfish S. of 40[deg]10' N lat........... 95 5
Starry Flounder..................................... 50 50
Yellowtail Rockfish N of 40[deg]10' N lat........... 88 12
Minor Slope Rockfish North of 40[deg]10' N lat...... 81 19
Other Flatfish...................................... 90 10
----------------------------------------------------------------------------------------------------------------
* * * * *
(i) * * *
(2) The fishery harvest guideline for Pacific whiting is allocated
among three sectors, as follows: 34 percent for the C/P Co-op Program;
24 percent for the MS Co-op Program; and 42 percent for the Shorebased
IFQ Program. No more than 5 percent of the Shorebased IFQ Program
allocation may be taken and retained south of 42[deg] N lat. before the
start of the primary Pacific whiting season north of 42[deg] N lat.
Specific sector allocations for a given calendar year are found in
tables 1a through c and 2a through c of this subpart. Set-asides for
other species for the at-sea whiting fishery for a given calendar year
are established through the biennial specifications process.
* * * * *
0
12. Amend Sec. 660.60 by revising paragraphs (b)(1), (c) introductory
text, (c)(1)(i), (g), (h)(1), (h)(7)(i)(D), and (h)(7)(ii)(A)(2) to
read as follows:
Sec. 660.60 Specifications and management measures.
* * * * *
(b) * * *
(1) Except for Pacific whiting, every biennium, NMFS will implement
OFLs, ABCs, and ACLs, if applicable, for each species or species group
based on the harvest controls used in the previous biennium (referred
to as default harvest control rules) applied to the best available
scientific information. The default harvest control rules for each
species or species group are listed in the biennial SAFE document. NMFS
may implement OFLs, ABCs, and ACLs, if applicable, that vary from the
default harvest control rules based on a Council recommendation.
* * * * *
(c) Routine management measures. Catch restrictions that are likely
to be adjusted on a biennial, or more frequent, basis may be imposed
and announced by a single notification in the Federal Register, if good
cause exists under the Administrative Procedure Act (APA) to waive
notice and comment, and if they have been designated as routine through
the two-meeting process described in the PCGFMP. Routine management
measures that may be revised during the fishing year, via this process,
are implemented in paragraph (h) of this section, and in subparts C
through G of this part, including tables 1a through 1c, and 2a through
2c to subpart C of this part, tables 1a and 1b (North) and tables 1a
and 1b (South) of subpart D of this part, tables 2a and 2b (North) and
tables 2a and 2b (South) of subpart E of this part, and tables 3a and
3b (North) and tables 3a and 3b (South) of subpart F of this part. Most
trip, bag, and size limits, and some Groundfish Conservation Area
closures in the groundfish fishery have been designated ``routine,''
which means they may be changed rapidly after a single Council meeting.
Council meetings are held in the months of March, April, June,
September, and November. Inseason changes to routine management
measures are announced in the Federal Register pursuant to the
requirements of the APA. Changes to trip limits are effective at the
times stated in the Federal Register. Once a trip limit change is
effective, it is illegal to take and retain, possess, or land more fish
than allowed under the new trip limit. This means that, unless
otherwise announced in the Federal Register, offloading must begin
before the time a fishery closes or a more restrictive trip limit takes
effect. The following catch restrictions have been designated as
routine:
(1) * * *
(i) Trip landing and frequency limits, size limits, all gear. Trip
landing and frequency limits have been designated as routine for the
following species or species groups: Widow rockfish, canary rockfish,
yellowtail rockfish, Pacific ocean perch, yelloweye rockfish, black
rockfish, blue/deacon rockfish, splitnose rockfish, blackgill rockfish
in the area south of 40[deg]10' N lat., chilipepper, bocaccio, cowcod,
Minor Nearshore Rockfish or shallow and deeper Minor Nearshore
Rockfish, shelf or Minor Shelf Rockfish, and Minor Slope Rockfish;
Dover sole, sablefish, shortspine thornyheads, and longspine
thornyheads; petrale sole, rex sole, arrowtooth flounder, Pacific
sanddabs, big skate, and the Other Flatfish complex, which is composed
of those species plus any other flatfish species listed at Sec.
660.11; Pacific whiting; lingcod; Pacific cod; Pacific spiny dogfish;
longnose skate; cabezon in Oregon and California; and ``Other Fish'' as
defined at Sec. 660.11. In addition to the species and species groups
listed above, sub-limits or aggregate limits may be specified, specific
to the Shorebased IFQ Program, for the following species: big skate,
California skate, California scorpionfish, leopard shark, soupfin
shark, finescale codling, Pacific rattail (grenadier), ratfish, kelp
greenling, shortbelly rockfish, and
[[Page 101527]]
cabezon in Washington. Size limits have been designated as routine for
sablefish and lingcod. Trip landing and frequency limits and size
limits for species with those limits designated as routine may be
imposed or adjusted on a biennial or more frequent basis for the
purpose of keeping landings within the harvest levels announced by
NMFS.
* * * * *
(g) Applicability. These specifications account for fish caught in
state ocean waters (0-3 nm offshore) though that fishing activity is
governed by the States of Washington, Oregon, and California,
respectively. Catch of a stock in State waters is taken off the top of
the harvest specifications for the stock in the EEZ (3-200 nm (5.6-
370.4 km) offshore).
(h) * * *
(1) Commercial trip limits and recreational bag and boat limits.
Commercial trip limits and recreational bag and boat limits defined in
tables 1a through 2d of this subpart, and those specified in subparts D
through G of this part, including tables 1b (North) and 1b (South) of
subpart D of this part, tables 2b (North) and 2b (South) of subpart E
of this part, and tables 3b (North) and 3b (South) of subpart F of this
part must not be exceeded.
* * * * *
(7) * * *
(i) * * *
(D) Rockfish complexes. Several rockfish species are designated
with species-specific limits on one side of the 40[deg]10' N lat.
management line and are included as part of a rockfish complex on the
other side of the line. A vessel that takes and retains fish from a
rockfish complex (nearshore, shelf, or slope) on both sides of a
management line during a single cumulative limit period is subject to
the more restrictive cumulative limit for that rockfish complex during
that period.
(1) If a vessel takes and retains species from the slope rockfish
complex north of 40[deg]10' N lat., that vessel is also permitted to
take and retain, possess or land splitnose rockfish up to its
cumulative limit south of 40[deg]10' N lat., even if splitnose rockfish
were a part of the landings from slope rockfish complex taken and
retained north of 40[deg]10' N lat.
(2) If a vessel takes and retains species from the slope rockfish
complex south of 40[deg]10' N lat., that vessel is also permitted to
take and retain, possess or land Pacific ocean perch up to its
cumulative limit north of 40[deg]10' N lat., even if Pacific ocean
perch were a part of the landings from slope rockfish complex taken and
retained south of 40[deg]10' N lat.
(ii) * * *
(A) * * *
(2) Vessels with a valid limited entry permit endorsed for bottom
longline and/or pot gear fishing inside the Non-Trawl 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 2b (North) and table 2b (South) of
subpart E, either inside or outside the Non-Trawl 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
13. Revise Sec. 660.65 to read as follows:
Sec. 660.65 Groundfish harvest specifications.
Harvest specifications include OFLs, ABCs, and the designation of
OYs and ACLs. Management measures necessary to keep catch within the
ACL include ACTs, HGs, or quotas for species that need individual
management, the allocation of fishery HGs between the trawl and non-
trawl segments of the fishery, and the allocation of commercial HGs
between the open access and limited entry segments of the fishery.
These specifications account for fish caught in state ocean waters (0-3
nm (0-5.6 km) offshore), though that fishing activity is governed by
the States of Washington, Oregon, and California respectively. Catch of
a stock in State waters is taken off the top of the harvest
specifications for the stock in the EEZ (3-200 nm (5.6-370.4 km)
offshore). Harvest specifications are provided in tables 1a through 2d
of this subpart.
Sec. 660.70 [Amended]
0
14. Amend Sec. 660.70 by removing paragraph (u) and redesignating
paragraph (v) as paragraph (u).
0
15. Amend Sec. 660.72 by revising paragraphs (a)(95) through (100) to
read as follows:
Sec. 660.72 Latitude/longitude coordinates defining the 50 fm (91 m)
through 75 fm (137 m) depth contours.
* * * * *
(a) * * *
(95) 39[deg]32.47' N lat., 123[deg]52.25' W long.;
(96) 39[deg]21.86' N lat., 123[deg]54.13' W long.;
(97) 39[deg]8.35' N lat., 123[deg]49.67' W long.;
(98) 38[deg]57.50' N lat., 123[deg]49.42' W long.;
(99) 38[deg]51.20' N lat., 123[deg]46.09' W long.;
(100) 38[deg]29.47' N lat., 123[deg]20.19' W long.;
* * * * *
0
16. Revise tables 1a through 1c to part 660, subpart C to read as
follows:
Table 1a to Part 660, Subpart C--2025, Specifications of OFL, ABC, ACL, ACT and Fishery HG (Weights in Metric
Tons). Capitalized Stocks Are Rebuilding
----------------------------------------------------------------------------------------------------------------
Species/stock Area OFL ABC ACL \a\ Fishery HG \b\
----------------------------------------------------------------------------------------------------------------
QUILLBACK ROCKFISH OFF California..... 1.52 1.3 1.3 1.2
CALIFORNIA.
YELLOWEYE ROCKFISH \c\......... Coastwide...... 105.8 87.2 55.8 41
Arrowtooth Flounder............ Coastwide...... 16,460 11,193 11,193 9,098
Big Skate...................... Coastwide...... 1,456 1,224 1,224 1,164.6
Black Rockfish................. Washington (N 262 244.6 244.6 226
of 46[deg]16'
N lat.).
Black Rockfish................. California (S 250 234 224 222.3
of 42[deg] N
lat.).
Bocaccio....................... S of 40[deg]10' 1,849 1,681 1,681 1,673.2
N lat.
[[Page 101528]]
Cabezon........................ California (S 176 162 162 161.2
of 42[deg] N
lat.).
California Scorpionfish........ S of 34[deg]27' 273 244 244 242
N lat.
Canary Rockfish................ Coastwide...... 647 605 572 508.4
Chilipepper.................... S of 40[deg]10' 3,128 2,815 2,815 2,788
N lat.
Cowcod......................... S of 40[deg]10' 111 77 77 66.5
N lat.
Cowcod..................... (Conception)... 93 66 66 ..............
Cowcod..................... (Monterey)..... 18 11 11 ..............
Darkblotched Rockfish.......... Coastwide...... 830 754 754 729.8
Dover Sole..................... Coastwide...... 52,214 47,424 47,424 45,840
English Sole................... Coastwide...... 11,175 8,884 8,884 8,669.4
Lingcod........................ N of 40[deg]10' 4,237 3,631 3,631 3,349.9
N lat.
Lingcod........................ S of 40[deg]10' 897 768 748 736.4
N lat.
Longnose Skate................. Coastwide...... 1,922 1,616 1,616 1,365.4
Longspine Thornyhead........... Coastwide...... 4,284 2,698 2,698 ..............
Longspine Thornyhead........... N of 34[deg]27' .............. .............. 2,050 2,000.7
N lat.
Longspine Thornyhead........... S of 34[deg]27' .............. .............. 648 646
N lat.
Pacific Cod.................... Coastwide...... 3,200 1,926 1,600 1,098.6
Pacific Ocean Perch............ N of 40[deg]10' 4,029 3,328 3,328 3,182.5
N lat.
Pacific Spiny Dogfish.......... Coastwide...... 1,857 1,361 1,361 1,037.6
Pacific Whiting................ Coastwide...... (\d\) (\d\) (\d\) (\d\)
Petrale Sole................... Coastwide...... 2,518 2,354 2,354 2,035.5
Sablefish...................... Coastwide...... 39,085 36,545 36,545 ..............
Sablefish...................... N of 36[deg] N .............. .............. 28,688 See Table 1c
lat.
Sablefish...................... S of 36[deg] N .............. .............. 7,857 7,829.80
lat.
Shortspine Thornyhead \e\...... Coastwide...... 940 821 815 743.3
Splitnose...................... S of 40[deg]10' 1,724 1,508 1,508 1,493.9
N lat.
Starry Flounder................ Coastwide...... 652 392 392 375.3
Widow Rockfish................. Coastwide...... 12,254 11,237 11,237 11,018.7
Yellowtail Rockfish............ N of 40[deg]10' 6,866 6,241 6,241 5,216.1
N lat.
----------------------------------------------------------------------------------------------------------------
Species/Stock Complexes
----------------------------------------------------------------------------------------------------------------
Blue/Deacon/Black Rockfish..... Oregon......... 464 423 423 421.7
Cabezon/Kelp Greenling......... Washington..... 19 15 15 12.2
Cabezon/Kelp Greenling......... Oregon......... 196 177 177 176.1
Nearshore Rockfish North....... N of 40[deg]10' 106 88 88 84.8
N lat.
Nearshore Rockfish South....... S of 40[deg]10' 1,137 934 932 929.3
N lat.
Other Fish..................... Coastwide...... 286 223 223 213.2
Other Flatfish................. Coastwide...... 10,895 7,974 7,974 7,803
[[Page 101529]]
Shelf Rockfish North........... N of 40[deg]10' 1,668.7 1,329.7 1,329.6 1,250.4
N lat.
Shelf Rockfish South........... S of 40[deg]10' 1,827.6 1,457.7 1,457.1 1,430.5
N lat.
Slope Rockfish North........... N of 40[deg]10' 1,779 1,488 1,488 1,430
N lat.
Slope Rockfish South........... S of 40[deg]10' 866 693 693 674
N lat.
----------------------------------------------------------------------------------------------------------------
\a\ Annual catch limits (ACLs), annual catch targets (ACTs) and harvest guidelines (HGs) are specified as total
catch values.
\b\ Fishery HGs means the HG or quota after subtracting Pacific Coast treaty Indian Tribes allocations and
projected catch, projected research catch, deductions for fishing mortality in non-groundfish fisheries, and
deductions for EFPs from the ACL or ACT. These deductions, as well as any HG sharing agreements between states
and/or sectors, are published in the SAFE.
\c\ Yelloweye rockfish has a non-trawl ACT of 29.6 mt and a non-nearshore ACT of 6.2 mt. The recreational ACTs
are: 7.6 mt (Washington), 6.9 mt (Oregon), and 8.9 mt (California).
\d\ Pacific whiting are assessed annually. The final specifications will be determined consistent with the U.S.-
Canada Pacific Whiting Agreement and will be announced in 2025.
\e\ Shortspine thornyhead has a commercial ACT of 67 mt for north of 34[deg] 27' N lat.
\f\ Copper rockfish has a recreational ACT of 15.8 for south of 34[deg] 27' N lat.
Table 1b to Part 660, Subpart C--2025, Allocations by Species or Species Group
[Weight in metric tons]
--------------------------------------------------------------------------------------------------------------------------------------------------------
Trawl Non-trawl
Species/stock & complexes Area Fishery HG or ACT ---------------------------------------------------
% mt % mt
--------------------------------------------------------------------------------------------------------------------------------------------------------
YELLOWEYE ROCKFISH............................ Coastwide........................ 41 8 3.3 92 37.7
Arrowtooth flounder........................... Coastwide........................ 9,098 95 8,643.1 5 454.9
Big skate..................................... Coastwide........................ 1,164.6 95 1,106.4 5 58.2
Bocaccio...................................... S of 40[deg]10' N lat............ 1,673.2 39 652.5 61 1,020.6
Canary rockfish............................... Coastwide........................ 508.4 72.3 367.6 27.7 140.8
Chilipepper rockfish.......................... S of 40[deg]10' N lat............ 2,788 75 2,091 25 697
Cowcod........................................ S of 40[deg]10' N lat............ 66.5 36 23.90 64 42.6
Darkblotched rockfish......................... Coastwide........................ 729.8 95 693.3 5 36.5
Dover sole.................................... Coastwide........................ 45,840 95 43,459.8 5 2,290.2
English sole.................................. Coastwide........................ 8,669.4 95 8,235.9 5 433.5
Lingcod....................................... N of 40[deg]10' N lat............ 3,349.9 45 1,507.5 55 1,842.4
Lingcod....................................... S of 40[deg]10' N lat............ 736.4 40 294.6 60 441.8
Longnose skate................................ Coastwide........................ 1,365.4 90 1,228.9 10 136.5
Longspine thornyhead.......................... N of 34[deg]27' N lat............ 2,000.7 95 1,900.7 5 100
Pacific cod................................... Coastwide........................ 1,098.6 95 1,043.7 5 54.9
Pacific Ocean perch........................... N of 40[deg]10' N lat............ 3,182.5 95 3,023.4 5 159.1
Pacific whiting............................... Coastwide........................ ................. 100 ........... 0 0
Petrale sole.................................. Coastwide........................ 2,035.5 ........... 2,005.5 ........... 30
Sablefish..................................... N of 36[deg] N lat............... 25,729.3 See Table 1c
Sablefish..................................... S of 36[deg] N lat............... 7,829.8 42 3,288.5 58 4,541.3
Shortspine thornyhead......................... Coastwide........................ 743.3 64 475.71 36 267.59
Splitnose rockfish............................ S of 40[deg]10' N lat............ 1,493.9 95 1,419.2 5 74.7
Starry flounder............................... Coastwide........................ 375.3 50 187.7 50 187.7
Widow rockfish................................ Coastwide........................ 11,018.7 ........... 10,718.7 ........... 300
Yellowtail rockfish........................... N of 40[deg]10' N lat............ 5,216.1 88 4,590.2 12 625.9
Shelf rockfish north.......................... N of 40[deg]10' N lat............ 1,250.4 60.2 760.8 39.8 503
Shelf rockfish south.......................... S of 40[deg]10' N lat............ 1,430.5 12.2 174.5 87.8 1,256
Slope rockfish north.......................... N of 40[deg]10' N lat............ 1,430 81 1,158.3 19 271.7
Slope rockfish south.......................... S of 40[deg]10' N lat............ 674 63 424.6 37 249.4
Other flatfish................................ Coastwide........................ 7,803 90 7,022.7 10 780.3
--------------------------------------------------------------------------------------------------------------------------------------------------------
Table 1c to Part 660, Subpart C--Sablefish North of 36[deg] N Lat. Allocations, 2025
[Weight in metric tons]
----------------------------------------------------------------------------------------------------------------
Percent Allocation (mt)
----------------------------------------------------------------------------------------------------------------
Non-Tribal Commercial HG \a\.................................. ....................... 25,729.3
LE Share.................................................. 90.6 23,310.7
LE Trawl.............................................. 58 13,520.2
[[Page 101530]]
LEFG.................................................. 42 9,791.9
Primary........................................... 85 8,323.1
Trip limit........................................ 15 1,468.8
OA Share.................................................. 9.4 2,418.6
----------------------------------------------------------------------------------------------------------------
\a\ Off-the-top deductions from the ACL that result in the HG are in the SAFE.
0
17. Revise tables 2a through 2c to part 660, subpart C, to read as
follows:
Table 2a to Part 660, Subpart C--2026, and Beyond, Specifications of OFL, ABC, ACL, ACT, and Fishery HG (Weights
in Metric Tons). Capitalized Stocks Are Rebuilding
----------------------------------------------------------------------------------------------------------------
Species/stock Area OFL ABC ACL \a\ Fishery HG \b\
----------------------------------------------------------------------------------------------------------------
QUILLBACK ROCKFISH OFF California..... 1.77 1.5 1.5 1.4
CALIFORNIA.
YELLOWEYE ROCKFISH \c\......... Coastwide...... 108.3 88.5 56.6 41.8
Arrowtooth Flounder............ Coastwide...... 13,833 9,227 9,227 7,132
Big Skate...................... Coastwide...... 1,426 1,188 1,188 1,128.6
Black Rockfish................. Washington (N 259 241 241 226.6
of 46[deg]16'
N lat.).
Black Rockfish................. California (S 265 247 236 234.4
of 42[deg] N
lat.).
Bocaccio....................... S of 40[deg]10' 1,846 1,668 1,668 1,660.2
N lat.
Cabezon........................ California (S 170 155 155 154.5
of 42[deg] N
lat.).
California Scorpionfish........ S of 34[deg]27' 267 238 238 236
N lat.
Canary Rockfish................ Coastwide...... 655 609 573 509.6
Chilipepper Rockfish........... S of 40[deg]10' 2,949 2,643 2,643 2,615.2
N lat.
Cowcod......................... S of 40[deg]10' 111 75 75 65.2
N lat.
Cowcod......................... (Conception)... 92 64 64 ..............
Cowcod......................... (Monterey)..... 19 11 11 ..............
Darkblotched Rockfish.......... Coastwide...... 810 732 732 707.8
Dover Sole..................... Coastwide...... 46,049 42,457 42,457 40,873
English Sole................... Coastwide...... 11,192 8,819 8,819 8,604.4
Lingcod........................ N of 40[deg]10' 4,163 3,534 3,534 3,252.9
N lat.
Lingcod........................ S of 40[deg]10' 937 795 773 761.5
N lat.
Longnose Skate................. Coastwide...... 1,895 1,579 1,579 1,328.4
Longspine Thornyhead........... Coastwide...... 4,166 2,575 2,575 ..............
Longspine Thornyhead........... N of 34[deg]27' .............. .............. 1,957 1,907.3
N lat.
Longspine Thornyhead........... S of 34[deg]27' .............. .............. 618 616.5
N lat.
Pacific Cod.................... Coastwide...... 3,200 1,926 1,600 1,098.6
[[Page 101531]]
Pacific Ocean Perch............ N of 40[deg]10' 3,937 3,220 3,220 3,074.5
N lat.
Pacific Spiny Dogfish.......... Coastwide...... 1,833 1,318 1,318 994.2
Pacific Whiting................ Coastwide...... (\d\) (\d\) (\d\) (\d\)
Petrale Sole................... Coastwide...... 2,424 2,255 2,238 1,919.5
Sablefish...................... Coastwide...... 37,310 34,699 34,699 ..............
Sablefish...................... N of 36[deg] N .............. .............. 27,238 See Table 2c
lat.
Sablefish...................... S of 36[deg] N .............. .............. 7,460 7,432.9
lat.
Shortspine Thornyhead \e\...... Coastwide...... 961 831 825 752.7
Splitnose Rockfish............. S of 40[deg]10' 1,686 1,469 1,469 1,454.9
N lat.
Starry Flounder................ Coastwide...... 652 392 392 375.3
Widow Rockfish................. Coastwide...... 11,382 10,392 10,392 10,173.7
Yellowtail Rockfish............ N of 40[deg]10' 6,662 6,023 6,023 4,997.5
N lat.
----------------------------------------------------------------------------------------------------------------
Species/stock Complexes
----------------------------------------------------------------------------------------------------------------
Blue/Deacon/Black Rockfish..... Oregon......... 472 428 428 426.5
Cabezon/Kelp Greenling......... Washington..... 19 15 15 12.1
Cabezon/Kelp Greenling......... Oregon......... 194 174 174 173.6
Nearshore Rockfish North....... N of 40[deg]10' 105 86 86 83
N lat.
Nearshore Rockfish South \f\... S of 40[deg]10' 1,143 933 931 928.1
N lat.
Other Fish..................... Coastwide...... 286 223 223 212.7
Other Flatfish................. Coastwide...... 9,988 7,144 7,144 6,972.6
Shelf Rockfish North........... N of 40[deg]10' 1,654.5 1,316.3 1,316.2 1,263.8
N lat.
Shelf Rockfish South........... S of 40[deg]10' 1,827.1 1,455.4 1,454.9 1,428.4
N lat.
Slope Rockfish North........... N of 40[deg]10' 1,754 1,460 1,460 1,402.2
N lat.
Slope Rockfish South........... S of 40[deg]10' 865 690 690 671
N lat.
----------------------------------------------------------------------------------------------------------------
\a\ Annual catch limits (ACLs), annual catch targets (ACTs) and harvest guidelines (HGs) are specified as total
catch values.
\b\ Fishery HGs means the HG or quota after subtracting Pacific Coast treaty Indian Tribes allocations and
projected catch, projected research catch, deductions for fishing mortality in non-groundfish fisheries, and
deductions for EFPs from the ACL or ACT. These deductions, as well as any HG sharing agreements between states
and/or sectors, are published in the SAFE.
\c\ Yelloweye rockfish has a non-trawl ACT of 30.2 mt and a non-nearshore ACT of 6.3 mt. The recreational ACTs
are: 7.7 mt (Washington), 7.0 mt (Oregon), and 9.1 mt (California).
\d\ Pacific whiting are assessed annually. The final specifications will be determined consistent with the U.S.-
Canada Pacific Whiting Agreement and will be announced in 2026.
\e\ Shortspine thornyhead has a commercial ACT of 55 mt for north of 34[deg] 27' N lat.
\f\ Copper rockfish has a recreational ACT of 18.0 for south of 34[deg] 27' N lat.
Table 2b to Part 660, Subpart C--2026, and Beyond, Allocations by Species or Species Group
--------------------------------------------------------------------------------------------------------------------------------------------------------
Trawl Non-trawl
Species/stock & complexes Area Fishery HG or ACT ---------------------------------------------------
% mt % mt
--------------------------------------------------------------------------------------------------------------------------------------------------------
YELLOWEYE ROCKFISH............................ Coastwide........................ 41.8 8 3.3 92 38.5
Arrowtooth flounder........................... Coastwide........................ 7,132 95 6,775.4 5 356.6
Big skate..................................... Coastwide........................ 1,128.6 95 1,072.2 5 56.4
Bocaccio...................................... S of 40[deg]10' N lat............ 1,660.2 39 647.5 61 1,012.7
Canary rockfish............................... Coastwide........................ 509.6 72.3 368.4 27.7 141.2
Chilipepper rockfish.......................... S of 40[deg]10' N lat............ 2,615.2 75 1,961.4 25 653.8
Cowcod........................................ S of 40[deg]10' N lat............ 65.2 36 23.5 64 41.7
[[Page 101532]]
Darkblotched rockfish......................... Coastwide........................ 707.8 95 672.4 5 35.4
Dover sole.................................... Coastwide........................ 40,873 95 38,829.4 5 2,043.7
English sole.................................. Coastwide........................ 8,604.4 95 8,174.2 5 430.2
Lingcod....................................... N of 40[deg]10' N lat............ 3,252.9 45 1,463.8 55 1,789.1
Lingcod....................................... S of 40[deg]10' N lat............ 761.5 40 304.6 60 456.9
Longnose skate................................ Coastwide........................ 1,328.4 90 1,195.6 10 132.8
Longspine thornyhead.......................... N of 34[deg]27' N lat............ 1,907.3 95 1,811.9 5 95.4
Pacific cod................................... Coastwide........................ 1,098.6 95 1,043.7 5 54.9
Pacific Ocean perch........................... N of 40[deg]10' N lat............ 3,074.5 95 2,920.8 5 153.7
Pacific whiting............................... Coastwide........................ ................. 100 0.0 ........... 0
Petrale sole.................................. Coastwide........................ 1,919.5 ........... 1,889.5 ........... 30
Sablefish..................................... N of 36[deg] N lat............... 24,425.1 See Table 2c
Sablefish..................................... S of 36[deg] N lat............... 7,432.9 42 3,121.8 58 4,311.1
Shortspine thornyhead......................... Coastwide........................ 752.7 71 534.4 29 218.3
Splitnose rockfish............................ S of 40[deg]10' N lat............ 1,454.9 95 1,382.2 5 72.7
Starry flounder............................... Coastwide........................ 375.3 50 187.7 50 187.7
Widow rockfish................................ Coastwide........................ 10,173.7 ........... 9,873.7 ........... 300
Yellowtail rockfish........................... N of 40[deg]10' N lat............ 4,997.5 88 4,397.8 12 599.7
Shelf rockfish north.......................... N of 40[deg]10[deg] N lat........ 1,263.8 60.2 760.8 39.8 503
Shelf rockfish south.......................... S of 40[deg]10' N lat............ 1,428.4 12.2 174.3 87.8 1,254.1
Slope rockfish north.......................... N of 40[deg]10' N lat............ 1,402.2 81 1,135.8 19 266.4
Slope rockfish south.......................... S of 40[deg]10' N lat............ 671 63 422.7 37 248.3
Other flatfish................................ Coastwide........................ 6,972.6 90 6,275.3 10 697.3
--------------------------------------------------------------------------------------------------------------------------------------------------------
Table 2c to Part 660, Subpart C--Sablefish North of 36[deg] N Lat. Allocations, 2026 and Beyond
[Weights in metric tons]
----------------------------------------------------------------------------------------------------------------
Percent Allocation (mt)
----------------------------------------------------------------------------------------------------------------
Non-Tribal Commercial HG \a\.................................. ....................... 24,425.1
LE Share...................................................... 90.6 22,129.1
LE Trawl.................................................. 58 12,834.9
LEFG...................................................... 42 9,294
Primary............................................... 85 7,899.9
Trip limit............................................ 15 1,394.1
OA Share.................................................. 9.4 2,296
----------------------------------------------------------------------------------------------------------------
\a\ Off-the-top deductions from the ACL that result in the HG are in the SAFE.
0
18. Amend Sec. 660.111 by revising the definition of ``Block area
closures or BACs'' to read as follows:
Sec. 660.111 Trawl fishery--definitions.
* * * * *
Block area closures or BACs are a type of groundfish conservation
area, defined at Sec. 660.11, bounded on the north and south by
commonly used geographic coordinates, defined at Sec. 660.11, 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 regulations at Sec. 660.60(c). BACs
may be implemented in the EEZ seaward of Washington, Oregon, and
California for vessels using limited entry bottom trawl and/or midwater
trawl gear. BACs may be implemented within Tribal Usual and Accustomed
fishing areas but may only apply to non-Tribal vessels. BACs may close
areas to specific trawl gear types (e.g., closed for midwater trawl,
bottom trawl, or bottom trawl unless using selective flatfish trawl)
and/or specific programs within the trawl fishery (e.g., Pacific
whiting fishery or MS Co-op Program). BACs may vary in their geographic
boundaries and duration. Their geographic boundaries, applicable gear
type(s) and/or specific trawl fishery program, and effective dates will
be announced in the Federal Register. 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
Council recommendation and subsequent NMFS action are set out in tables
1a (North) and 1a (South) of this subpart.
* * * * *
0
19. Amend Sec. 660.130 by:
0
a. Revising paragraphs (a), (c) introductory text, and (c)(4)
introductory text;
0
c. Removing paragraph (e)(2);
0
d. Redesignating paragraphs (e)(3) through (8) as (e)(2) through (7);
and
0
e. Revising newly redesignated paragraph (e)(3) introductory text.
The revisions read as follows:
Sec. 660.130 Trawl fishery--management measures.
(a) General. This section applies to the limited entry trawl
fishery. Most species taken in the limited entry trawl fishery will be
managed with quotas (see Sec. 660.140), allocations or set-asides (see
Sec. 660.150 or Sec. 660.160), or cumulative trip limits (see trip
limits in tables 1b (North) and 1b (South) of this subpart), size
limits (see Sec. 660.60(h)(5)), seasons (see Pacific whiting at Sec.
660.131(b)), gear restrictions (see paragraphs (b) and (c) of this
section) and closed areas (see paragraphs (c) and (e) of this section
and Sec. Sec. 660.70 through 660.79). The limited
[[Page 101533]]
entry trawl fishery has gear requirements and harvest limits that
differ by the type of groundfish trawl gear on board and the area
fished. Groundfish vessels operating south of Point Conception must
adhere to CCA restrictions (see paragraph (e)(1) of this section and
Sec. 660.70). The trip limits in tables 1b (North) and 1b (South) of
this subpart apply to vessels participating in the limited entry trawl
fishery and may not be exceeded. Federal commercial groundfish
regulations are not intended to supersede any more restrictive state
commercial groundfish regulations relating to federally managed
groundfish.
* * * * *
(c) Restrictions by limited entry trawl gear type. Management
measures may vary depending on the type of trawl gear (i.e., large
footrope, small footrope, selective flatfish, or midwater trawl gear)
used and/or on board a vessel during a fishing trip, cumulative limit
period, and the area fished. Trawl nets may be used on and off the
seabed. For some species or species groups, tables 1b (North) and 1b
(South) of this subpart provide trip limits that are specific to
different types of trawl gear: Large footrope, small footrope
(including selective flatfish), selective flatfish, midwater, and
multiple types. If tables 1a (North), 1b (North), 1a (South), and 1b
(South) of this subpart provide gear specific limits or closed areas
for a particular species or species group, prohibitions at Sec. Sec.
660.12 and 660.112(a)(5) apply. Additional conservation areas
applicable to vessels registered to limited entry permits with trawl
endorsements are listed at paragraph (e) of this section.
* * * * *
(4) More than one type of trawl gear on board. The trip limits in
table 1b (North) or 1b (South) of this subpart must not be exceeded. A
vessel may not have both groundfish trawl gear and non-groundfish trawl
gear onboard simultaneously. A vessel may have more than one type of
limited entry trawl gear on board (midwater, large or small footrope,
including selective flatfish trawl), either simultaneously or
successively, during a cumulative limit period except between 42[deg] N
lat. and 40[deg]10' N lat. as described in this section. If a vessel
fishes both north and south of 40[deg]10' N lat. with any type of small
or large footrope gear onboard the vessel at any time during the
cumulative limit period, the most restrictive cumulative limit
associated with the gear on board would apply for that trip and all
catch would be counted toward that cumulative limit (see crossover
provisions at Sec. 660.60(h)(7)). When operating in an applicable GCA,
all trawl gear must be stowed, consistent with prohibitions at Sec.
660.112(a)(5)(i), unless authorized in this section.
* * * * *
(e) * * *
(3) Trawl RCA. This GCA is off the coast of Washington, between the
US/Canada border and 46[deg]16' N lat. Boundaries for the trawl RCA
applicable to groundfish trawl vessels throughout the year are provided
in the header to table 1a (North) of this subpart and may be modified
by NMFS inseason pursuant to Sec. 660.60(c). Prohibitions at Sec.
660.112(a)(5) do not apply under the following conditions and when the
vessel has a valid declaration for the allowed fishing:
* * * * *
0
20. Amend Sec. 660.131 by revising paragraphs (b)(3) introductory text
and (g)(2) to read as follows:
Sec. 660.131 Pacific whiting fishery management measures.
* * * * *
(b) * * *
(3) Pacific whiting trip limits. For Shorebased IFQ Program vessels
targeting Pacific whiting outside the primary season, the ``per trip''
limit for whiting is announced in table 1b of this subpart. The per-
trip limit is a routine management measure under Sec. 660.60(c). This
trip limit includes any whiting caught shoreward of 100 fm (183 m) in
the Eureka management area. The per-trip limit for other groundfish
species are announced in tables 1b (North) and 1b (South) of this
subpart and apply as follows:
* * * * *
(g) * * *
(2) The amount of whole whiting on board does not exceed the trip
limit (if any) allowed under Sec. 660.60(c) or table 1b (North) or 1b
(South) in subpart D.
* * * * *
0
21. Amend Sec. 660.140 by revising table 1 to paragraph (d)(1)(ii)(D)
and paragraph (g)(1) to read as follows:
Sec. 660.140 Shorebased IFQ Program.
* * * * *
(d) * * *
(1) * * *
(ii) * * *
(D) * * *
Table 1 to Paragraph (d)(1)(ii)(D)--Shorebased Trawl Allocations for 2025 and 2026
----------------------------------------------------------------------------------------------------------------
2025 Shorebased 2026 Shorebased
IFQ species Area trawl allocation trawl allocation
(mt) (mt)
----------------------------------------------------------------------------------------------------------------
YELLOWEYE ROCKFISH......................... Coastwide.................... 3.3 3.3
Arrowtooth flounder........................ Coastwide.................... 8,543 6,765
Bocaccio................................... South of 40[deg]10' N lat.... 653 648
Canary rockfish............................ Coastwide.................... 348 348
Chilipepper rockfish....................... South of 40[deg]10' N lat.... 2,091 1,961
Cowcod..................................... South of 40[deg]10' N lat.... 24 24
Darkblotched rockfish...................... Coastwide.................... 593 572
Dover sole................................. Coastwide.................... 43,538 38,819
English sole............................... Coastwide.................... 8,236 8,174
Lingcod.................................... North of 40[deg]10' N lat.... 1,493 1,449
Lingcod.................................... South of 40[deg]10' N lat.... 295 305
Longspine thornyhead....................... North of 34[deg]27' N lat.... 1,901 1,812
Pacific cod................................ Coastwide.................... 1,044 1,044
Pacific ocean perch........................ North of 40[deg]10' N lat.... 2,723 2,621
Pacific whiting \a\........................ Coastwide.................... TBD TBD
Petrale sole............................... Coastwide.................... 2,001 1,885
Sablefish.................................. North of 36[deg] N lat....... 13,091 12,406
Sablefish.................................. South of 36[deg] N lat....... 3,289 3,122
Shortspine thornyhead...................... Coastwide.................... 406 464
Splitnose rockfish......................... South of 40[deg]10' N lat.... 1,419 1,382
Starry flounder............................ Coastwide.................... 188 188
[[Page 101534]]
Widow rockfish............................. Coastwide.................... 10,419 9,574
Yellowtail rockfish........................ North of 40[deg]10' N lat.... 4,230 4,038
Other Flatfish complex..................... Coastwide.................... 6,923 6,175
Shelf Rockfish complex..................... North of 40[deg]10' N lat.... 726 718
Shelf Rockfish complex..................... South of 40[deg]10' N lat.... 175 175
Slope Rockfish complex..................... North of 40[deg]10' N lat.... 858 836
Slope Rockfish complex..................... South of 40[deg]10' N lat.... 425 423
----------------------------------------------------------------------------------------------------------------
\a\ Managed through an international process. These allocations will be updated when announced.
* * * * *
(g) * * *
(1) General. Shorebased IFQ Program vessels may discard IFQ
species/species groups, provided such discards are accounted for and
deducted from QP in the vessel account. The discard mortality for those
species with discard mortality rates must be accounted for and applied
to QP in the vessel account. With the exception of vessels on a
declared Pacific whiting IFQ trip and engaged in maximized retention,
and vessels fishing under a valid EM Authorization in accordance with
Sec. 660.604, prohibited and protected species (except short-tailed
albatross as directed by Sec. 660.21(c)(1)(v)) must be discarded at
sea. Pacific halibut must be discarded as soon as practicable and the
discard mortality must be accounted for and deducted from IBQ pounds in
the vessel account. Non-IFQ species and non-groundfish species may be
discarded at sea, unless otherwise required by EM Program requirements
at Sec. 660.604. The sorting of catch, the weighing and discarding of
any IBQ and IFQ species, and the retention of IFQ species must be
monitored by the observer or EM system.
* * * * *
Table 1 (North) to Part 660, Subpart D--[Removed]
0
22. Remove table 1 (North) to part 660, subpart D.
Table 1 (South) to Part 660, Subpart D--[Removed]
0
23. Remove table 1 (South) to part 660, subpart D.
0
24. Add tables 1a (North), 1b (North), 1a (South), and 1b (South) to
part 660, subpart D to read as follows:
Table 1a (North) to Part 660, Subpart D--Limited Entry Trawl Rockfish
Conservation Areas for North of 40[deg]10' N Lat
------------------------------------------------------------------------
Latitude Boundary
------------------------------------------------------------------------
North of 46[deg]16' N lat.............. 100 fm line-150 fm line.
46[deg]16' N lat.-40[deg]10' N lat..... BACs may be implemented and
will be announced in the
Federal Register.
------------------------------------------------------------------------
Note 1 to table 1a (North): The Trawl RCA is an area closed to fishing
with groundfish trawl gear, as defined at Sec. 660.11. Trawl RCA
boundaries apply in the EEZ only; see appropriate state regulations
for state closures. Trawl RCA boundaries or Block Area Closures (BACs)
may be revised or implemented via inseason action; therefore, users
should refer back to this table throughout the year. Vessels fishing
groundfish trawl quota pounds with groundfish non-trawl gears, under
gear switching provisions at Sec. 660.140, are subject to the
limited entry fixed gear Non-Trawl RCA, as described in tables 2a
(North) and 2a (South) to part 660, subpart E.
Table 1b (North) to Part 660, Subpart D--Landing Allowances for Non-IFQ
Species and Pacific Whiting North of 40[deg]10' N Lat.
------------------------------------------------------------------------
Species Trip limit
------------------------------------------------------------------------
Big skate.............................. Unlimited.
Cabezon (California)................... 50 lb/month.
Longnose skate......................... Unlimited.
Nearshore rockfish complex, Washington 300 lb/month.
black rockfish and Oregon black/blue/
deacon rockfish.
Oregon cabezon/kelp greenling complex.. 50 lb/month.
Other fish............................. Unlimited.
Pacific Spiny Dogfish.................. 60,000 lb/month.
Pacific whiting--Midwater Trawl........ Before the primary whiting
season: CLOSED.
During the primary whiting
season: mid-water trawl
permitted in the RCA. See Sec.
660.131 for season and trip
limit details.
After the primary whiting
season: CLOSED.
Pacific whiting--Large & Small Footrope Before the primary whiting
Gear. season: 20,000 lb/trip.
During the primary whiting
season: 10,000 lb/trip.
After the primary whiting
season: 10,000 lb/trip.
[[Page 101535]]
Pacific whiting--Eureka Management Area No more than 10,000 lb of
whiting may be taken and
retained, possessed, or landed
by a vessel that, at any time
during the fishing trip,
fished in the fishery
management area shoreward of
100 fm contour (see Sec.
660.131(d)).
------------------------------------------------------------------------
Note 1 to table 1b (North): This table describes incidental landing
allowances for vessels registered to a Federal limited entry trawl
permit. Trip limits apply in the EEZ only; see appropriate state
regulations for state trip limits. Trip limits are effective year-
round unless otherwise specified for different cumulative periods
(defined at Sec. 660.11 under ``Trip limits''). Trip limits are
effective from the U.S.-Canada border to 40[deg]10' N lat. unless
otherwise specified via latitudinal or state subdivisions in this
table. Stock complexes are defined at Sec. 660.11 under
``Groundfish''. Trip limits may be revised via inseason action;
therefore, users should refer back to this table throughout the year.
To convert pounds to kilograms, divide the weight in pounds by
2.20462. The resulting quotient is the weight in kilograms. See
provisions at Sec. 660.130 for gear restrictions and requirements by
area. Vessels fishing groundfish trawl quota pounds with groundfish
non-trawl gears, under gear switching provisions at Sec. 660.140,
are subject to the limited entry groundfish trawl fishery landing
allowances in this table, regardless of the type of fishing gear used.
Table 1a (South) to Part 660, Subpart D--Limited Entry Trawl Rockfish
Conservation Areas for South of 40[deg]10' N Lat.
------------------------------------------------------------------------
Latitude Boundary
------------------------------------------------------------------------
South of 40[deg]10' N lat.:............ BACs may be implemented and
will be announced in the
Federal Register.
------------------------------------------------------------------------
Note 1 to table 1a (South): The Trawl RCA is an area closed to fishing
with groundfish trawl gear, as defined at Sec. 660.11. Trawl RCA
boundaries apply in the EEZ only; see appropriate state regulations
for state closures. Trawl RCA boundaries or Block Area Closures (BACs)
may be revised or implemented via inseason action; therefore, users
should refer back to this table throughout the year. Vessels fishing
groundfish trawl quota pounds with groundfish non-trawl gears, under
gear switching provisions at Sec. 660.140, are subject to the
limited entry fixed gear Non-Trawl RCA, as described in tables 2a
(North) and 2a (South) to part 660, subpart E.
Table 1b (South) to Part 660, Subpart D--Landing Allowances for Non-IFQ
Species and Pacific Whiting South of 40[deg]10' N Lat.
------------------------------------------------------------------------
Species Trip limit
------------------------------------------------------------------------
Big skate.............................. Unlimited.
Blackgill rockfish..................... Unlimited.
Cabezon................................ 50 lb/month.
California scorpionfish................ Unlimited.
Longnose skate......................... Unlimited.
Longspine thornyhead (south of 24,000 lb/2 months.
34[deg]27' N lat.).
Nearshore rockfish complex, Washington 300 lb/month.
black rockfish and Oregon black/blue/
deacon rockfish.
Other fish............................. Unlimited.
Pacific Spiny Dogfish.................. 60,000 lb/month.
Pacific whiting--Midwater Trawl........ During the primary whiting
season: allowed seaward of the
Trawl RCA; prohibited within
and shoreward of the Trawl
RCA.
Pacific whiting--Large & Small Footrope Before the primary whiting
Gear. season: 20,000 lb/trip.
During the primary whiting
season: 10,000 lb/trip.
After the primary whiting
season: 10,000 lb/trip.
------------------------------------------------------------------------
Note 1 to table 1b (South): This table describes incidental landing
allowances for vessels registered to a Federal limited entry trawl
permit. Trip limits apply in the EEZ only; see appropriate state
regulations for state trip limits. Trip limits are effective year-
round unless otherwise specified for different cumulative periods
(defined at Sec. 660.11 under ``Trip limits''). Trip limits are
effective from 40[deg]10' N lat. to the U.S.-Mexico border unless
otherwise specified via latitudinal or state subdivisions in this
table. Stock complexes are defined at Sec. 660.11 under
``Groundfish''. Trip limits may be revised via inseason action;
therefore, users should refer back to this table throughout the year.
To convert pounds to kilograms, divide the weight in pounds by
2.20462. The resulting quotient is the weight in kilograms. See
provisions at Sec. 660.130 for gear restrictions and requirements by
area. Vessels fishing groundfish trawl quota pounds with groundfish
non-trawl gears, under gear switching provisions at Sec. 660.140,
are subject to the limited entry groundfish trawl fishery landing
allowances in this table, regardless of the type of fishing gear used.
0
25. Amend Sec. 660.230 by:
0
a. Revising paragraphs (a) and (b)(6)(i)(B);
0
b. Removing paragraph (d)(15); and
0
c. Redesignating paragraphs (d)(16) and (17) as paragraphs (d)(15) and
(16).
The 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 2b (North) and 2b (South) of this
subpart), size limits (see Sec. 660.60(h)(5)), seasons (see trip
limits in tables 2b (North) and 2b (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,
yelloweye, and California quillback rockfish retention is prohibited in
all fisheries, and groundfish vessels operating south of Point
Conception must adhere to GEA restrictions (see paragraph (d)(16) of
this section and Sec. 660.70). 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
[[Page 101536]]
landing permitted for that week. The trip limit for black rockfish
caught with hook-and-line gear also applies, see paragraph (e) of this
section. The trip limits in tables 2b (North) and 2b (South) of this
subpart apply to vessels participating in the limited entry groundfish
fixed gear fishery and may not be exceeded.
(b) * * *
(6) * * *
(i) * * *
(B) No more than four vertical mainlines attached to or fished from
the vessel (e.g., rod and reel) may be used in the water at one time.
* * * * *
0
26. Amend Sec. 660.231 by revising paragraphs (b)(3)(i) and (iv) to
read as follows:
Sec. 660.231 Limited entry fixed gear sablefish primary fishery.
* * * * *
(b) * * *
(3) * * *
(i) A vessel participating in the primary season will be
constrained by the sablefish cumulative limit associated with each of
the permits registered for use with that vessel. During the primary
season, each vessel authorized to fish in that season under paragraph
(a) of this section may take, retain, possess, and land sablefish, up
to the cumulative limits for each of the permits registered for use
with that vessel (i.e., stacked permits). If multiple limited entry
permits with sablefish endorsements are registered for use with a
single vessel, that vessel may land up to the total of all cumulative
limits announced in this paragraph for the tiers for those permits,
except as limited by paragraph (b)(3)(ii) of this section. Up to three
permits may be registered for use with a single vessel during the
primary season; thus, a single vessel may not take and retain, possess
or land more than three primary season sablefish cumulative limits in
any one year. A vessel registered for use with multiple limited entry
permits is subject to per vessel limits for species other than
sablefish, and to per vessel limits when participating in the daily
trip limit fishery for sablefish under Sec. 660.232. In 2025, the
following annual limits are in effect: Tier 1 at 246,824 lb (111,957
kg), Tier 2 at 112,193 lb (50,890 kg), and Tier 3 at 64,110 lb (29,080
kg). In 2026 and beyond, the following annual limits are in effect:
Tier 1 at 234,312 lb (106,282 kg), Tier 2 at 106,506 lb (48,310 kg),
and Tier 3 at 60,860 lb (27,606 kg).
* * * * *
(iv) Incidental Pacific halibut retention north of Pt. Chehalis, WA
(46[deg]53.30' N lat.). Pacific halibut may be retained north of Pt
Chehalis by vessels participating in the sablefish primary fishery with
the requisite Pacific halibut commercial fishery permit. Pacific
halibut incidentally caught in the primary sablefish fishery when using
bottom longline gear may be retained from April 1 through the Pacific
halibut commercial fishing closure date set by the International
Pacific Halibut Commission. Vessels permitted as described in this
section may possess and land up to 150 lb (68 kg) dressed weight of
Pacific halibut for every 1,000 lb (454 kg) dressed weight of sablefish
landed, plus two additional Pacific halibut. Pacific halibut retained
as described in this section may not be possessed or landed south of
Pt. Chehalis.
* * * * *
0
27. Amend Sec. 660.232 by revising paragraph (a)(3) to read as
follows:
Sec. 660.232 Limited entry daily trip limit (DTL) fishery for
sablefish.
(a) * * *
(3) Vessels registered for use with a limited entry fixed gear
permit that does not have a sablefish endorsement may fish in the
limited entry DTL fishery, consistent with regulations at Sec.
660.230, for as long as that fishery is open during the fishing year,
subject to routine management measures imposed under Sec. 660.60(c),
Subpart C. DTL limits for the limited entry fishery north and south of
36[deg] N lat. are provided in tables 2b (North) and 2b (South) of this
subpart.
* * * * *
Table 2 (North) to Part 660, Subpart E--[Removed]
0
28. Remove table 2 (North) to part 660, subpart E.
Table 2 (South) to Part 660, Subpart E--[Removed]
0
29. Remove table 2 (South) to part 660, subpart E.
0
30. Add tables 2a (North), 2b (North), 2a (South), and 2b (South) to
part 660, subpart E to read as follows:
Table 2a (North) to Part 660, Subpart E--Non-Trawl Rockfish Conservation
Area Boundaries
------------------------------------------------------------------------
Latitude Boundary
------------------------------------------------------------------------
North of 46[deg]16' N lat.:............ Shoreward EEZ-100 fm line.
46[deg]16' N lat.-42[deg]00' N lat..... 30 fm line-75 fm line.
42[deg]00' N lat.-40[deg]10' N lat..... Shoreward EEZ-75 fm line.
------------------------------------------------------------------------
Note 1 to table 2a (North): The Non-Trawl RCA is an area closed to
fishing with particular non-trawl gear types, as defined at Sec.
660.11. Non-Trawl RCA boundaries apply in the EEZ only; see
appropriate state regulations for state closures. Non-Trawl RCA
boundaries may be revised via inseason action; therefore, users should
refer back to this table throughout the year.
Table 2b (North) to Part 660, Subpart E--Trip Limits for Limited Entry
Fixed Gear North of 40[deg]10' N Lat.
------------------------------------------------------------------------
Species Trip limit
------------------------------------------------------------------------
Big skate.............................. Unlimited.
Black rockfish (42[deg]00' N lat.- CLOSED.
40[deg]10' N lat.).
Cabezon (42[deg]00' N lat.-40[deg]10' N CLOSED.
lat.).
Cabezon/kelp greenling complex (Oregon) Unlimited.
Canary rockfish........................ 3,000 lb/2 months.
Flatfish (includes dover sole, 20,000 lb/2 months.
arrowtooth flounder, petrale sole,
English sole, starry flounder).
Lingcod (north of 42[deg]00' N lat.)... 11,000 lb/2 months.
Lingcod (42[deg]00' N lat.-40[deg]10' N 2,000 lb/2 months seaward of
lat.). the Non-Trawl RCA; CLOSED
inside the Non-Trawl RCA.
Longnose skate......................... Unlimited.
Longspine thornyheads.................. 10,000 lb/2 months.
[[Page 101537]]
Nearshore rockfish complex, Oregon 5,000 lb/2 months, no more than
black/blue/deacon rockfish, & 1,200 lb of which may be
Washington black rockfish (north of species other than black
42[deg]00' N lat.). rockfish or blue/deacon
rockfish.
See Sec. 660.230(e) for
additional trip limits for
Washington black rockfish.
Nearshore rockfish complex (42[deg]00' CLOSED.
N lat.-40[deg]10' N lat.).
Other fish............................. Unlimited.
Other flatfish complex (north of 20,000 lb/2 months.
42[deg]00' N lat.).
Other flatfish complex (42[deg]00' N 20,000 lb/2 months seaward of
lat.-40[deg]10' N lat.). the Non-Trawl RCA; CLOSED
inside the Non-Trawl RCA.
Pacific cod............................ 1,000 lb/2 months.
Pacific ocean perch.................... 3,600 lb/2 months.
Pacific Spiny Dogfish.................. Periods 1-2: 200,000 lb/2
months.
Period 3: 150,000 lb/2 months.
Periods 4-6: 100,000 lb/2
months.
Pacific whiting........................ 10,000 lb per trip.
Quillback rockfish (42[deg]00' N lat.- CLOSED.
40[deg]10' N lat.).
Sablefish.............................. 4,500 lb/week not to exceed
9,000 lb/2 months.
Shelf rockfish complex................. 1,600 lb/2 months.
Shortspine thornyhead.................. 3,000 lb/2 months.
Slope rockfish complex & darkblotched 8,000 lb/2 months.
rockfish.
Widow rockfish......................... 4,000 lb/2 months.
Yelloweye rockfish..................... CLOSED.
Yellowtail rockfish.................... 6,000 lb/2 months.
------------------------------------------------------------------------
Note 1 to table 2b (North): Trip limits apply in the EEZ only; see
appropriate state regulations for state trip limits. Trip limits are
effective year-round unless otherwise specified for different
cumulative periods (defined at Sec. 660.11 under ``Trip limits'').
Trip limits are effective from the U.S.-Canada border to 40[deg]10' N
lat. unless otherwise specified via latitudinal or state subdivisions
in this table. Stock complexes are defined at Sec. 660.11 under
``Groundfish''. Trip limits may be revised via inseason action;
therefore, users should refer back to this table throughout the year.
To convert pounds to kilograms, divide the weight in pounds by
2.20462. The resulting quotient is the weight in kilograms.
Table 2a (South) to Part 660, Subpart E--Non-Trawl Rockfish Conservation
Area Boundaries
------------------------------------------------------------------------
Latitude Boundary
------------------------------------------------------------------------
40[deg]10' N lat.-37[deg]07' N lat..... Shoreward EEZ-75 fm line.
37[deg]07' N lat.-34[deg]27' N lat..... 50 fm line-75 fm line.
South of 34[deg]27' N lat.............. 100 fm line-150 fm line (also
applies around islands and
banks).
------------------------------------------------------------------------
Note 1 to table 2a (South): The Non-Trawl RCA is an area closed to
fishing with particular non-trawl gear types, as defined at Sec.
660.11. Non-Trawl RCA boundaries apply in the EEZ only; see
appropriate state regulations for state closures. Non-Trawl RCA
boundaries may be revised via inseason action; therefore, users should
refer back to this table throughout the year.
Table 2b (South) to Part 660, Subpart E--b Trip Limits for Limited Entry
Fixed Gear South of 40[deg]10' N. Lat.
------------------------------------------------------------------------
Species Trip limit
------------------------------------------------------------------------
Big skate.............................. Unlimited.
Bocaccio............................... 8,000 lb/2 months.
Bronzespotted rockfish................. CLOSED.
Cabezon (40[deg]10' N lat.-37[deg]07' N CLOSED.
lat.).
Cabezon (south of 37[deg]07' N lat.)... Unlimited.
California scorpionfish................ 3,500 lb/2 months.
Canary rockfish........................ 3,500 lb/2 months.
Chilipepper rockfish (40[deg]10' N lat.- 10,000 lb/2 months.
34[deg] 27' N lat.).
Chilipepper rockfish (south of 34[deg] 8,000 lb/2 months.
27' N lat.).
Cowcod................................. CLOSED.
Flatfish (includes dover sole, 20,000 lb/2 months.
arrowtooth flounder, petrale sole,
English sole, starry flounder).
Lingcod (40[deg]10' N lat.-37[deg] 07' 1,600 lb/2 months seaward of
N lat.). the Non-Trawl RCA; 0 lb/2
months inside of the Non-Trawl
RCA.
Lingcod (south of 37[deg] 07' N lat.).. 1,600 lb/2 months.
Longnose skate......................... Unlimited.
Longspine thornyhead (south of 34[deg] 10,000 lb/2 months.
27' N lat.).
Nearshore rockfish complexes...........
Shallow nearshore rockfish complex CLOSED.
(40[deg]10' N lat.-37[deg]07' N lat.).
Shallow nearshore rockfish complex 2,000 lb/2 months.
(south of 37[deg]07' N lat.).
Deeper nearshore rockfish complex CLOSED.
(40[deg]10' N lat.-37[deg]07' N lat.).
Deeper nearshore rockfish complex 2,000 lb/2 months, of which no
(south of 37[deg]07' N lat.). more than 75 lb may be copper
rockfish.
Other fish............................. Unlimited.
[[Page 101538]]
Other flatfish complex (40[deg]10' N 20,000 lb/2 months seaward of
lat.-37[deg] 07' N lat.). the Non-Trawl RCA; CLOSED
inside of the Non-Trawl RCA.
Other flatfish complex (south of 20,000 lb/2 months.
37[deg] 07' N lat.).
Pacific cod............................ 1,000 lb/2 months.
Pacific spiny dogfish.................. Periods 1-2: 200,000 lb/2
months Period 3: 150,000 lb/2
months Periods 4-6: 100,000 lb/
2 months.
Pacific whiting........................ 10,000 lb per trip.
Quillback rockfish..................... CLOSED.
Sablefish (40[deg]10' N lat.-36[deg] N 4,500 lb/week not to exceed
lat.). 9,000 lb/2 months.
Sablefish (south of 36[deg] N lat.).... 2,500 lb/2 months.
Shelf rockfish complex (40[deg]10' N 6,000 lb per 2 months, of which
lat.-37[deg] 07' N lat.); excludes no more than 500 lb may be
bronzespotted rockfish. vermilion/sunset rockfish.
Shelf rockfish complex (37[deg] 07' N 8,000 lb per 2 months, of which
lat.-34[deg] 27' N lat.); excludes no more than 500 lb may be
bronzespotted rockfish. vermilion/sunset rockfish.
Shelf rockfish complex (south of 5,000 lb per 2 months, of which
34[deg] 27' N lat.); excludes no more than 3,000 lb may be
bronzespotted rockfish. vermilion/sunset rockfish.
Shortspine thornyhead (40[deg] 10' N. 3,000 lb/2 months.
lat.-34[deg] 27' N. lat.).
Slope rockfish complex & darkblotched 40,000 lb/2 months, of which no
rockfish. more than 6,000 lb may be
blackgill rockfish.
Splitnose rockfish..................... 40,000 lb/2 months.
Widow rockfish (40[deg]10' N lat.- 10,000 lb/2 months.
34[deg] 27' N lat.).
Widow rockfish (south of 34[deg] 27' N 8,000 lb/2 months.
lat.).
Yelloweye rockfish..................... CLOSED.
------------------------------------------------------------------------
Note 1 to table 2b (South): Trip limits apply in the EEZ only; see
appropriate state regulations for state trip limits. Trip limits are
effective year-round unless otherwise specified for different
cumulative periods (defined at Sec. 660.11 under ``Trip limits'').
Trip limits are effective from 40[deg]10' N lat. to the U.S.-Mexico
border unless otherwise specified via latitudinal or state
subdivisions in this table. Stock complexes are defined at Sec.
660.11 under ``Groundfish''. Trip limits may be revised via inseason
action; therefore, users should refer back to this table throughout
the year. To convert pounds to kilograms, divide the weight in pounds
by 2.20462. The resulting quotient is the weight in kilograms.
0
31. Amend Sec. 660.312 by adding paragraph (a)(6) to read as follows:
Sec. 660.312 Open access fishery--prohibitions.
* * * * *
(a) * * *
(6) Take and retain, possess, or land groundfish in the directed
open access fishery without having a valid directed open access permit
for the vessel.
* * * * *
0
32. Amend Sec. 660.330 by:
0
a. Revising paragraphs (a), (b)(3) introductory text, and (b)(3)(i)(B)
and (C);
0
b. Removing paragraph (d)(17); and
0
c. Redesignating paragraphs (d)(18) and (19) as paragraphs (d)(17) and
(18).
The revisions 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 3b
(North) and 3b (South) of this subpart), size limits (see Sec.
660.60(h)(5)), seasons (see seasons in tables 3a (North) and 3a (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. Retention of cowcod, yelloweye rockfish, and quillback
rockfish off California is prohibited in all fisheries, and groundfish
vessels operating south of Point Conception must adhere to GEA
restrictions (see paragraph (d)(18) of this section and Sec. 660.70).
For information on the open access daily/weekly trip limit fishery for
sablefish, see Sec. 660.332 and the trip limits in tables 3b (North)
and 3b (South) of this subpart. Open access vessels are subject to
daily or weekly sablefish limits in addition to cumulative limits for
each cumulative limit period. Only one sablefish landing per week may
be made in excess of the daily trip limit and, if the vessel chooses to
make a landing in excess of that daily trip limit, then that is the
only sablefish landing permitted for that week. The trip limit for
black rockfish caught with hook-and-line gear also applies (see
paragraph (e) of this section).
(b) * * *
(3) Gear for use inside the Non-Trawl RCA. Inside the Non-Trawl
RCA, only legal non-bottom contact hook-and-line gear configurations
may be used for target fishing for groundfish by vessels that
participate in the directed open access sector as defined at Sec.
660.11. Vessels must be registered to a valid directed open access
permit as defined at Sec. 660.25(i). On a fishing trip where any
fishing will occur inside the Non-Trawl RCA, only one type of legal
non-bottom contact gear may be carried on board, and no other fishing
gear of any type may be carried on board or stowed during that trip.
The vessel may fish inside and outside the Non-Trawl RCA on the same
fishing trip, provided a valid declaration report as required at Sec.
660.13(d) has been filed with NMFS OLE. Legal non-bottom contact hook-
and-line gear means stationary vertical jig gear not anchored to the
bottom, and groundfish troll gear, subject to the specifications in
paragraphs (b)(3)(i) and (ii) of this section.
(i) * * *
(B) No more than four vertical mainlines attached to or fished from
the vessel (e.g., rod & reel) may be used in the water at one time.
(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.
* * * * *
0
33. Amend Sec. 660.332 by revising paragraph (b)(1) to read as
follows:
Sec. 660.332 Open access daily trip limit (DTL) fishery for
sablefish.
* * * * *
(b) * * *
(1) Daily and/or weekly trip limits for the open access fishery
north and south of 36[deg] N lat. are provided in tables 3b (North) and
3b (South) of this subpart.
* * * * *
0
34. Amend Sec. 660.333 by revising paragraph (a), redesignating
paragraph
[[Page 101539]]
(e) as paragraph (g), adding new paragraph (e), and adding paragraphs
(f), (h), and (i).
The revision and additions read as follows:
Sec. 660.333 Open access non-groundfish trawl fishery--management
measures.
(a) General. This section describes management measures for vessels
that take groundfish incidentally with non-groundfish trawl gear,
including vessels engaged in fishing for pink shrimp, ridgeback prawns,
California halibut, or sea cucumbers.
* * * * *
(e) Non-Trawl Rockfish Conservation Area restrictions for the
ridgeback prawn, California halibut, and sea cucumber fisheries. (1)
40[deg] 10' N lat.-38.00[deg] N lat.: 100 fm to 150 fm during Periods 1
and 6; 100 fm to 150 fm during Periods 2, 3, 4, and 5.
(2) 38.00[deg] N lat.-34[deg] 27 N lat.: 100 fm to 150 fm
(3) South of 34[deg] 27 N lat.: 100 fm to 150 fm
(f) Trip Limits for the ridgeback prawn, California halibut, and
sea cucumber fisheries. Groundfish. 300 lb (136 kg) per trip. Species-
specific limits described in table 3b South also apply and are counted
toward the 300 lb (136 kg) groundfish per trip limit. The amount of
groundfish landed may not exceed the amount of the target species
landed, except that the amount of Pacific spiny dogfish landed may
exceed the amount of target species landed. Pacific spiny dogfish are
limited by the 300 lb (136 kg)/trip overall groundfish limit. The daily
trip limits for sablefish coastwide and thornyheads south of Pt.
Conception and the overall groundfish ``per trip'' limit may not be
multiplied by the number of days of the trip. Vessels participating in
the California halibut fishery south of 38[deg]57.50' N lat. are
allowed to:
(1) Land up to 100 lb (45 kg) per day of groundfish without the
ratio requirement, provided that at least one California halibut is
landed; and
(2) Land up to 3,000 lb (1,361 kg) per month of flatfish, no more
than 300 lb (136 kg) of which may be species other than Pacific
sanddabs, sand sole, starry flounder, rock sole, curlfin sole, or
California scorpionfish (California scorpionfish is also subject to the
trip limits and closures in table 3b South).
* * * * *
(h) Management measures for the pink shrimp fishery north of
40[deg] 10' N lat. Effective April 1-October 31: Groundfish: 500 lb
(227 kg)/day, multiplied by the number of days of the trip, not to
exceed 1,500 lb (680 kg)/trip. The following sublimits also apply and
are counted toward the overall 500 lb (227 kg)/day and 1,500 lb (680
kg)/trip groundfish limits: lingcod 300 lb (136 kg)/month (minimum 24-
inch (0.61 cm) size limit); sablefish 2,000 lb (907 kg)/month; canary,
thornyheads, and yelloweye rockfish are PROHIBITED. All other
groundfish species taken are managed under the overall 500 lb (227 kg)/
day and 1,500 lb (680 kg)/trip groundfish limits. Landings of these
species count toward the per day and per trip groundfish limits and do
not have species-specific limits. The amount of groundfish landed may
not exceed the amount of pink shrimp landed.
(i) Management measures for the pink shrimp fishery south of
40[deg] 10' N lat. Effective April 1-October 31: Groundfish: 500 lb
(227 kg)/day, multiplied by the number of days of the trip, not to
exceed 1,500 lb (680 kg)/trip. The following sublimits also apply and
are counted toward the overall 500 lb (227 kg)/day and 1,500 lb (680
kg)/trip groundfish limits: lingcod 300 lb (136 kg)/month (minimum 24-
inch (0.61 cm) size limit); sablefish 2,000 lb (907 kg)/month; canary
rockfish, thornyheads, and yelloweye rockfish are PROHIBITED. All other
groundfish species taken are managed under the overall 500 lb (227 kg)/
day and 1,500 lb (680 kg)/trip groundfish limits. Landings of all
groundfish species count toward the per day, per trip or other species-
specific sublimits described here and the species-specific limits
described in the table above do not apply. The amount of groundfish
landed may not exceed the amount of pink shrimp landed.
0
35. Add Sec. 660.334 to subpart F to read as follows:
Sec. 660.334 Open access non-groundfish salmon troll fishery--
management measures.
(a) General. This section includes management measures applicable
to vessels that incidentally take and retain groundfish while
participating in the West Coast salmon fishery under the regulations at
part 660, subpart H (herein referred to as ``salmon troll fishery'').
All salmon troll vessels that take and retain groundfish species are
subject to the open access trip limits, seasons, size limits, and Non-
Trawl RCA restrictions listed in tables 3a (North), 3b (North), 3a
(South), and 3b (South) to this subpart, unless otherwise stated in
this section.
(b) Trip limits. (1) In the area north of 40[deg] 10' N lat.,
salmon trollers may retain and land up to 500 lb (227 kg) of yellowtail
rockfish per month as long as salmon is on board, both within and
outside of the Non-Trawl RCA. Salmon trollers may retain and land up to
1 lingcod per 2 Chinook per trip, plus 1 lingcod per trip, up to a trip
limit of 10 lingcod, on a trip where any fishing occurs within the Non-
Trawl RCA. The lingcod limit only applies during times when lingcod
retention is allowed and is not ``CLOSED''. These limits are within the
limits described in table 3b (North), and not in addition to those
limits.
(2) In the area south of 40[deg] 10' N lat., salmon trollers may
retain and land up to 1 lb (0.45 kg) of yellowtail rockfish for every 2
lb (0.90 kg) of Chinook salmon landed, with a cumulative limit of 200
lb (91 kg)/month, both within and outside of the Non-Trawl RCA. This
limit is within the trip limits for shelf rockfish, and not in addition
to those limits. All groundfish species are subject to the open access
limits, seasons, size limits, and RCA restrictions listed in tables 3a
(South) and 3b (South) to this subpart, unless otherwise stated here.
Table 3 (North) to Part 660, Subpart F--[Removed]
0
36. Remove table 3 (North) to part 660, subpart F.
Table 3 (South) to Part 660, Subpart F--[Removed]
0
37. Remove table 3 (South) to part 660, subpart F.
0
38. Add tables 3a (North), 3b (North), 3a (South), and 3b (South) to
part 660, subpart F to read as follows:
Table 3a (North) to Part 660, Subpart F--Non-Trawl Rockfish Conservation
Area Boundaries
------------------------------------------------------------------------
Latitude Boundary
------------------------------------------------------------------------
North of 46[deg]16' N lat.:............ Shoreward EEZ-100 fm line.
46[deg]16' N lat.-42[deg]00' N lat. 30 fm line-75 fm line.
[[Page 101540]]
42[deg]00' N lat.-40[deg]10' N lat. Shoreward EEZ-75 fm line.
------------------------------------------------------------------------
Note 1 to table 3a (North): The Non-Trawl RCA is an area closed to
fishing with particular non-trawl gear types, as defined at Sec.
660.11. Non-Trawl RCA boundaries apply in the EEZ only; see
appropriate state regulations for state closures. Non-Trawl RCA
boundaries may be revised via inseason action; therefore, users should
refer back to this table throughout the year.
Table 3b (North) to Part 660, Subpart F--Trip Limits for Open Access
North of 40[deg]10' N. lat.
------------------------------------------------------------------------
Species Trip limit
------------------------------------------------------------------------
Big skate.............................. Unlimited.
Black rockfish (42[deg]00' N. lat.- CLOSED.
40[deg]10' N. lat.).
Cabezon (42[deg]00' N. lat.-40[deg]10' CLOSED.
N. lat.).
Cabezon/kelp greenling complex (Oregon) Unlimited.
Canary rockfish........................ 1,000 lb/2 months.
Flatfish (includes dover sole, 10,000 lb/2 months.
arrowtooth flounder, petrale sole,
English sole, starry flounder).
Lingcod (north of 42[deg]00' N. lat.).. 9,000 lb/2 months.
Lingcod (42[deg]00' N. lat.-40[deg]10' 2,000 lb/2 months seaward of
N. lat.). the Non-Trawl RCA; CLOSED
inside the Non-Trawl RCA.
Longnose skate......................... Unlimited.
Longspine thornyheads.................. 100 lb/2 months.
Nearshore rockfish complex, Oregon 5,000 lb/2 months no more than
black/blue/deacon rockfish, & 1,200 lb of which may be
Washington black rockfish (north of species other than black
42[deg]00' N. lat.). rockfish or blue/deacon
rockfish.
See Sec. 660.330(e) for
additional trip limits for
Washington black rockfish.
Nearshore rockfish complex (42[deg]00' CLOSED.
N. lat.-40[deg]10' N. lat.).
Other fish............................. Unlimited.
Other flatfish complex (north of 10,000 lb/2 months.
42[deg]00' N. lat.).
Other flatfish complex (42[deg]00' N. 10,000 lb/2 months seaward of
lat.-40[deg]10' N. lat.). the Non-Trawl RCA; 0 lb/2
months inside the Non-Trawl
RCA.
Pacific cod............................ 1,000 lb/2 months.
Pacific ocean perch.................... 200 lb/2 months.
Pacific Spiny Dogfish.................. Periods 1-2: 200,000 lb/2
months.
Period 3: 150,000 lb/2 months.
Periods 4-6: 100,000 lb/2
months.
Pacific whiting........................ 600 lb/2 months.
Quillback rockfish (42[deg]00' N lat.- CLOSED.
40[deg]10' N lat.).
Sablefish.............................. 3,250 lb/week not to exceed
6,500 lb/2 months.
Shelf rockfish complex (north of 1,600 lb/2 months.
42[deg]00' N. lat.).
Shelf rockfish complex (42[deg]00' N 1,200 lb per 2 months.
lat.-40[deg]10' N lat.).
Shortspine thornyhead.................. 100 lb/2 months.
Slope rockfish complex & darkblotched 4,000 lb/2 months.
rockfish.
Widow rockfish......................... 2,000 lb/2 months.
Yelloweye rockfish..................... CLOSED.
Yellowtail rockfish.................... 3,000 lb/2 months.
Salmon Troll........................... See Sec. 660.334(b)(1).
Pink Shrimp non-groundfish trawl....... See Sec. 660.333(g) and (h).
------------------------------------------------------------------------
Note 1 to table 3b (North): Trip limits apply in the EEZ only; see
appropriate state regulations for state trip limits. Trip limits are
effective year-round unless otherwise specified for different
cumulative periods (defined at Sec. 660.11 under ``Trip limits'').
Trip limits are effective from the U.S.-Canada border to 40[deg]10' N
lat. unless otherwise specified via latitudinal or state subdivisions
in this table. Stock complexes are defined at Sec. 660.11 under
``Groundfish''. Trip limits may be revised via inseason action;
therefore, users should refer back to this table throughout the year.
To convert pounds to kilograms, divide the weight in pounds by
2.20462. The resulting quotient is the weight in kilograms.
Table 3a (South) to Part 660, Subpart F--Non-Trawl Rockfish Conservation
Area Boundaries
------------------------------------------------------------------------
Latitude Boundary
------------------------------------------------------------------------
40[deg]10' N lat.-37[deg] 07' N lat.... Shoreward EEZ-75 fm line.
37[deg] 07' N lat.-34[deg] 27' N lat... 50 fm line-75 fm line.
South of 34[deg] 27' N lat............. 100 fm line-150 fm line (also
applies around islands and
banks).
------------------------------------------------------------------------
Note 1 to table 3a (South): The Non-Trawl RCA is an area closed to
fishing with particular non-trawl gear types, as defined at Sec.
660.11. Non-Trawl RCA boundaries apply in the EEZ only; see
appropriate state regulations for state closures. Non-Trawl RCA
boundaries may be revised via inseason action; therefore, users should
refer back to this table throughout the year.
Table 3b (South) to Part 660, Subpart F--Trip Limits for Open Access
South of 40[deg]10' N. lat.
------------------------------------------------------------------------
Species Trip limit
------------------------------------------------------------------------
Big skate.............................. Unlimited.
Bocaccio............................... 6,000 lb/2 months.
Bronzespotted rockfish................. CLOSED.
[[Page 101541]]
Cabezon (40[deg]10' N lat.-37[deg]07' N CLOSED.
lat.).
Cabezon (south of 37[deg]07' N lat.)... Unlimited.
California scorpionfish................ 3,500 lb/2 months.
Canary rockfish........................ 1,500 lb/2 months.
Chilipepper rockfish (40[deg]10' N lat.- 6,000 lb/2 months.
34[deg] 27' N lat.).
Chilipepper rockfish (south of 34[deg] 4,000 lb/2 months.
27' N lat.).
Cowcod................................. CLOSED.
Flatfish (includes Dover sole, 10,000 lb/2 months.
arrowtooth flounder, petrale sole,
English sole, starry flounder).
Lingcod (40[deg]10' N lat.--37[deg] 07' 1,400 lb/2 months seaward of
N lat.). the Non-Trawl RCA; CLOSED
inside of the Non-Trawl RCA.
Lingcod (south of 37[deg] 07' N lat.).. 1,400 lb/2 months.
Longnose skate......................... Unlimited.
Longspine thornyhead (40[deg] 10' to 100 lb/2 months.
34[deg] 27' N lat.).
Nearshore rockfish complexes:
Shallow nearshore rockfish CLOSED.
(40[deg]10' N lat.-37[deg]07' N
lat.).
Shallow nearshore rockfish (south 2,000 lb/2 months.
of 37[deg]07' N lat.).
Deeper nearshore rockfish CLOSED.
(40[deg]10' N lat.-37[deg]07' N
lat.).
Deeper nearshore rockfish (south of 2,000 lb/2 months, of which no
37[deg]07' N lat.). more than 75 lb may be copper
rockfish.
Other fish (defined at Sec. 660.11).. Unlimited.
Other flatfish complex (defined at Sec. 40[deg]10' N lat.-37[deg] 07' N
660.11). lat.: 10,000 lb/2 months
seaward of the Non-Trawl RCA;
CLOSED inside of the Non-Trawl
RCA
South of 37[deg] 07' N lat.:
10,000 lb/2 months.
Pacific cod............................ 1,000 lb/2 months.
Pacific Spiny Dogfish.................. Periods 1-2: 200,000 lb/2
months.
Period 3: 150,000 lb/2 months.
Periods 4-6: 100,000 lb/2
months.
Pacific whiting........................ 600 lb/2 months.
Quillback rockfish..................... CLOSED.
Sablefish (40[deg]10' N lat.-36[deg] N 3,250 lb/week not to exceed
lat.). 6,500 lb/2 months.
Sablefish (south of 36[deg] N lat.).... 2,000 lb/week not to exceed
6,000 lb/2 months.
Shelf rockfish complex (40[deg]10' N 3,000 lb per 2 months, of which
lat.-37[deg] 07' N lat.); excludes no more than 300 lb may be
bronzespotted rockfish. vermilion/sunset rockfish.
Shelf rockfish complex (37[deg] 07' N 4,000 lb per 2 months, of which
lat.-34[deg] 27' N lat.); excludes no more than 300 lb may be
bronzespotted rockfish. vermilion/sunset rockfish.
Shelf rockfish complex (south of 3,000 lb per 2 months, of which
34[deg] 27' N lat.); excludes no more than 900 lb may be
bronzespotted rockfish. vermilion/sunset rockfish.
Shortspine thornyhead (40[deg] 10' N. 100 lb/2 months.
lat.-34[deg] 27' N. lat.).
Shortspine thornyhead and longspine 100 lb/day, no more than 1,000
thornyhead (south of 34[deg] 27' N. lb/2 months for all periods.
lat.).
Slope rockfish complex & darkblotched 10,000 lb/2 months, of which no
rockfish. more than 2,500 lb may be
blackgill rockfish.
Splitnose rockfish..................... 400 lb/2 months.
Widow rockfish (40[deg]10' N lat.- 6,000 lb/2 months.
34[deg] 27' N lat.).
Widow rockfish (south of 34[deg] 27' N 4,000 lb/2 months.
lat.).
Yelloweye rockfish..................... CLOSED.
Salmon Troll........................... See Sec. 660.334(b)(2).
Ridgeback Prawn, California halibut, See Sec. 660.333(e) and (f).
and sea cucumber.
Pink Shrimp............................ See Sec. 660.333(g) and (i).
------------------------------------------------------------------------
Note 1 to table 3b (South): Trip limits apply in the EEZ only; see
appropriate state regulations for state trip limits. Trip limits are
effective year-round unless otherwise specified for different
cumulative periods (defined at Sec. 660.11 under ``Trip limits'').
Trip limits are effective from 40[deg]10' N lat. to the U.S.-Mexico
border unless otherwise specified via latitudinal or state
subdivisions in this table. Stock complexes are defined at Sec.
660.11 under ``Groundfish''. Trip limits may be revised via inseason
action; therefore, users should refer back to this table throughout
the year. To convert pounds to kilograms, divide the weight in pounds
by 2.20462. The resulting quotient is the weight in kilograms.
0
39. Amend Sec. 660.351 by revising the definition of ``Boat limit''
and adding in alphabetical order a definition for ``Descending device''
to read as follows:
Sec. 660.351 Recreational fishery--definitions.
* * * * *
Boat limit means the number of fish available for a vessel or boat.
Descending device means an instrument capable of releasing a fish
at the depth from which the fish was caught.
* * * * *
0
40. Amend Sec. 660.352 by adding paragraph (c) to read as follows:
Sec. 660.352 Recreational fishery--prohibitions.
* * * * *
(c) Fail to have at least one functional descending device on board
ready for immediate use during a groundfish recreational fishing trip.
0
41. Amend Sec. 660.360 by:
0
a. Adding paragraph (b)(1) and a reserved paragraph (b)(2);
0
b. Revising paragraph (c)(1) introductory text, table 1 to paragraph
(c)(1)(i)(D), paragraphs (c)(1)(ii) through (iv) and (c)(2)(iii)(A)
through (C);
0
c. Redesignating paragraphs (c)(2)(iii)(D) and (E) as paragraphs
(c)(2)(iii)(E) and (F);
0
d. Adding new paragraph (c)(2)(iii)(D);
0
e. Revising paragraph (c)(3)(i)(A) introductory text;
0
f. Removing paragraph (c)(3)(ii)(C);
0
g. Redesignating paragraph (c)(3)(ii)(D) as paragraph (c)(3)(ii)(C) and
revising it;
0
h. Revising paragraph (c)(3)(iii)(D);
0
i. Removing paragraph (c)(3)(v)(C); and
[[Page 101542]]
0
j. Redesignating paragraph (c)(3)(v)(D) as paragraph (c)(3)(v)(C) and
revising it.
The revisions and additions read as follows:
Sec. 660.360 Recreational fishery--management measures.
* * * * *
(b) * * *
(1) All vessels participating in the groundfish recreational
fishery seaward of California, Oregon, or Washington must carry on
board one functional descending device as defined at Sec. 660.351. The
descending device must be available for immediate use and be available
to present to an enforcement officer upon request.
(2) [Reserved]
(c) * * *
(1) Washington. For each person engaged in recreational fishing off
the coast of Washington, the groundfish bag limit is nine groundfish
per day, including rockfish, cabezon, and lingcod. Within the
groundfish bag limit, there are sub-limits for rockfish, lingcod, and
cabezon outlined in paragraph (c)(1)(i)(D) of this section. In addition
to the groundfish bag limit of nine, there will be a flatfish limit of
five fish, not to be counted towards the groundfish bag limit but in
addition to it. The recreational groundfish fishery will open the
second Saturday in March through the third Saturday in October for all
species. In the Pacific halibut fisheries, retention of groundfish is
governed in part by annual management measures for Pacific halibut
fisheries, which are published in the Federal Register. The following
seasons, closed areas, sub-limits, and size limits apply:
(i) * * *
(D) * * *
[[Page 101543]]
[GRAPHIC] [TIFF OMITTED] TR16DE24.000
(ii) Rockfish. In areas of the EEZ seaward of Washington
(Washington Marine Areas 1-4) that are open to recreational groundfish
fishing, there is a seven rockfish per day bag limit, including a sub-
bag limit of five canary rockfish. Taking and retaining yelloweye
rockfish is prohibited in all Marine Areas.
(iii) Cabezon. In areas of the EEZ seaward of Washington
(Washington Marine Areas 1-4) that are open to recreational groundfish
fishing, there is a one cabezon per day bag limit.
(iv) Lingcod. In areas of the EEZ seaward of Washington (Washington
Marine Areas 1-4) that are open to recreational groundfish fishing and
when the recreational season for lingcod is open, there is a bag limit
of two lingcod per day. The recreational fishing seasons for lingcod is
open from the second Saturday in March through the third Saturday in
October.
(2) * * *
(iii) * * *
(A) Marine fish. The bag limit is 10 marine fish per day, which
includes rockfish, kelp greenling, cabezon, and other groundfish
species; except the daily bag limit in the long-leader gear fishery is
12 fish per day with a sub-bag limit of 5 fish per day for canary
[[Page 101544]]
rockfish. The bag limit of marine fish excludes Pacific halibut,
salmonids, tuna, perch species, sturgeon, sanddabs, flatfish, lingcod,
striped bass, hybrid bass, offshore pelagic species, and baitfish
(e.g., herring, smelt, anchovies, and sardines). The minimum size for
cabezon retained in the Oregon recreational fishery is 16 in (41 cm)
total length.
(B) Lingcod. There is a three fish limit per day. The minimum size
for lingcod retained in the Oregon recreational fishery is 22 in (56
cm) total length. For vessels using long-leader gear (as defined in
Sec. 660.351) and fishing inside the Recreational RCA, possession of
lingcod is prohibited.
(C) Flatfish. There is a 25 fish limit per day for all flatfish,
excluding Pacific halibut, but including all soles, flounders, and
Pacific sanddabs.
(D) Sablefish. There is a 10 fish limit per day.
* * * * *
(3) * * *
(i) * * *
(A) Recreational rockfish conservation areas. The Recreational RCAs
are areas that are closed to recreational fishing for certain
groundfish. Fishing for the California rockfish, cabezon, greenling
complex (RCG Complex), as defined in paragraph (c)(3)(ii) of this
section, and lingcod with recreational gear, is prohibited within the
Recreational RCA. It is unlawful to take and retain, possess, or land
the RCG Complex and lingcod taken with recreational gear within the
Recreational RCA, unless otherwise authorized in this section. A vessel
fishing in the Recreational RCA may not be in possession of any species
prohibited by the restrictions that apply within the Recreational RCA.
For example, if a vessel fishes in the recreational salmon fishery
within the Recreational RCA, the vessel cannot be in possession of the
RCG Complex and lingcod while in the Recreational RCA. The vessel may,
however, on the same trip fish for and retain rockfish shoreward of the
Recreational RCA on the return trip to port. If the season is closed
for a species or species group, fishing for that species or species
group is prohibited both within the Recreational RCA and outside of the
Recreational RCA, unless otherwise authorized in this section. In times
and areas where a Recreational RCA is closed shoreward of a
Recreational RCA line (i.e., when an ``off-shore only'' fishery is
active in that management area) vessels may stop, anchor in, or transit
through waters shoreward of the Recreational RCA line so long as they
do not have any hook-and-line fishing gear in the water. Coordinates
approximating boundary lines at the 30 fm (55 m) through 100 fm (183 m)
depth contours can be found at Sec. Sec. 660.71 through 660.73. The
recreational fishing season structure and RCA depth boundaries seaward
of California by management area and month are as follows:
* * * * *
(ii) * * *
(C) Dressing/fileting. Each RCG Complex filet must have the entire
skin attached.
(iii) * * *
(D) Dressing/fileting. Lingcod filets may be no smaller than 14 in
(36 cm) in length. Each lingcod filet must have the entire skin
attached.
* * * * *
(v) * * *
(C) Dressing/fileting. Each California scorpionfish filet must have
the entire skin attached.
* * * * *
0
42. Amend Sec. 660.604 by revising paragraph (p)(4)(i) introductory
text to read as follows:
Sec. 660.604 Vessel and first receiver responsibilities.
* * * * *
(p) * * *
(4) * * *
(i) The vessel must retain IFQ species (as defined at Sec.
660.140(c)), except for Arrowtooth flounder, English sole, Dover sole,
deep sea sole, Pacific sanddab, Pacific whiting, lingcod, sablefish,
starry flounder, and rex sole; must retain salmon and eulachon; and
must retain the following non-IFQ species: Greenland turbot, slender
sole, hybrid sole, c-o sole, bigmouth sole, fantail sole, hornyhead
turbot, spotted turbot, northern rockfish, black rockfish, blue
rockfish, shortbelly rockfish, olive rockfish, Puget Sound rockfish,
semaphore rockfish, walleye pollock, slender codling, and Pacific tom
cod, with e
[…truncated; see source link]Indexed from Federal Register on December 16, 2024.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.