Proposed Rule2026-02043
Magnuson-Stevens Act Provisions; Fisheries Off West Coast States; Pacific Coast Groundfish Fishery; Cordell Bank Groundfish Conservation Area Revisions
Primary source
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Published
February 2, 2026
Issuing agencies
Commerce DepartmentNational Oceanic and Atmospheric Administration
Abstract
NMFS issues these proposed regulations to remove the Cordell Bank Groundfish Conservation Area off central California for all groundfish fisheries and implement a new Groundfish Exclusion Area for all groundfish fisheries to protect sensitive habitat. The purpose of this proposed rule is to simplify regulatory complexity associated with overlapping fishery closures in the Cordell Bank area, and to increase fishing opportunity, while still protecting the Cordell Bank ecosystem. NMFS also announces the availability of a draft environmental assessment that analyzes the potential effects of the proposed rule.
Full Text
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<title>Federal Register, Volume 91 Issue 21 (Monday, February 2, 2026)</title>
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[Federal Register Volume 91, Number 21 (Monday, February 2, 2026)]
[Proposed Rules]
[Pages 4485-4492]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-02043]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 660
[Docket No. 260123-0033]
RIN 0648-BN95
Magnuson-Stevens Act Provisions; Fisheries Off West Coast States;
Pacific Coast Groundfish Fishery; Cordell Bank Groundfish Conservation
Area Revisions
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Proposed rule; request for comments.
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SUMMARY: NMFS issues these proposed regulations to remove the Cordell
Bank Groundfish Conservation Area off central California for all
groundfish fisheries and implement a new Groundfish Exclusion Area for
all groundfish fisheries to protect sensitive habitat. The purpose of
this proposed rule is to simplify regulatory complexity associated with
overlapping fishery closures in the Cordell Bank area, and to increase
fishing opportunity, while still protecting the Cordell Bank ecosystem.
NMFS also announces the availability of a draft environmental
assessment that analyzes the potential effects of the proposed rule.
DATES: Comments on this proposed rule must be received on or before
March 4, 2026.
ADDRESSES: A plain language summary of this proposed rule is available
at <a href="https://www.regulations.gov/docket/NOAA-NMFS-2025-0047">https://www.regulations.gov/docket/NOAA-NMFS-2025-0047</a>. You may
submit comments on this document, identified by NOAA-NMFS-2025-0047, by
the following method:
<bullet> Electronic Submission: Submit all electronic public
comments via the Federal e-Rulemaking Portal. Go to <a href="https://www.regulations.gov">https://www.regulations.gov</a> and type NOAA-NMFS-2025-0047 in the Search box.
Click on the ``Comment'' icon, complete the required fields, and enter
or attach your comments.
Instructions: Comments sent by any other method, to any other
address or individual, or received after the end of the comment period,
may not be considered by NMFS. All comments received are a part of the
public record and will generally be posted for public viewing on
<a href="https://www.regulations.gov">https://www.regulations.gov</a> without change. All personal identifying
information (e.g., name, address), confidential business information,
or otherwise sensitive information submitted voluntarily by the sender
will be publicly accessible. NMFS will accept anonymous comments (enter
``N/A'' in the required fields if you wish to remain anonymous).
Electronic copies of the proposed rule may be obtained from <a href="https://www.regulations.gov">https://www.regulations.gov</a> and 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 draft integrated analysis
that addresses the National Environmental Policy Act (NEPA),
Presidential Executive Order 12866, the Regulatory Flexibility Act
(RFA), and the statutory requirements of the Magnuson-Stevens Fishery
Conservation and Management Act (Magnuson-Stevens Act) (collectively
referred to as ``the Analysis''), may be obtained from the Groundfish
Actions NEPA website at <a href="https://www.fisheries.noaa.gov/west-coast/laws-policies/groundfish-actions-nepa-documents">https://www.fisheries.noaa.gov/west-coast/laws-policies/groundfish-actions-nepa-documents</a>.
FOR FURTHER INFORMATION CONTACT: Lynn Massey, phone: 858-334-2851, or
email: <a href="/cdn-cgi/l/email-protection#511d283f3f7f1c3022223428113f3e30307f363e27"><span class="__cf_email__" data-cfemail="d39faabdbdfd9eb2a0a0b6aa93bdbcb2b2fdb4bca5">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION: The Pacific Coast groundfish fishery in the
U.S. exclusive economic zone (EEZ) seaward of Washington, Oregon, and
California is managed under the Pacific Coast Groundfish Fishery
Management Plan (FMP). The Pacific Fishery Management Council (Council)
developed the Pacific Coast Groundfish FMP pursuant to the Magnuson-
Stevens Act, 16 U.S.C. 1801 et seq. The Secretary of Commerce approved
the Pacific Coast Groundfish FMP and implemented the provisions of the
plan at 50 CFR part 660, subparts C through G. Species managed under
the Pacific Coast Groundfish FMP include roundfish, flatfish, rockfish,
sharks, and skates.
This proposed rule (also referred to interchangeably as the
``proposed action'') includes regulations that would remove the Cordell
Bank Groundfish Conservation Area (GCA) off central California for all
groundfish fisheries and implement a new Groundfish Exclusion Area
(GEA) for all groundfish fisheries within the same geographic footprint
as the Cordell Bank (50-fm isobath) bottom contact Essential Fish
Habitat Conservation Area (EFHCA), which partially overlaps with the
current GCA. GEAs are authorized as an area closure type under section
6.8.10 of the FMP, therefore no further changes to the FMP are
necessary to designate a new GEA.
[[Page 4486]]
Background
In the early 2000s, several types of GCAs (defined at Sec. 660.11)
were implemented to protect overfished groundfish species off the U.S.
West Coast, including the Cowcod Conservation Areas (CCAs) in the
Southern California Bight (66 FR 2338, January 11, 2001), the coastwide
Trawl Rockfish Conservation Area (RCA) (67 FR 57973, September 13,
2002), the coastwide Non-Trawl RCA (68 FR 907, January 7, 2003), and
the Cordell Bank GCA off central California (69 FR 11063, March 9,
2004). The first iteration of the Cordell Bank GCA was implemented as a
recreational groundfish closure in 2004 to protect species that had
been declared overfished in preceding years, namely widow, bocaccio,
canary, and yelloweye rockfishes and lingcod. Trawl fishing was later
prohibited via an inseason action that expanded the boundaries of the
Trawl RCA to encompass the recreational Cordell Bank closure (69 FR
23440, April 29, 2004). Then, as part of the 2005-06 Biennial Harvest
Specifications and Management Measures process, the Cordell Bank GCA
was specified in regulation with its own coordinates and prohibited all
groundfish fishing, except for fishing for the Other Flatfish complex
by the non-trawl commercial and recreational sectors (69 FR 77011,
December 23, 2004). Currently, the Cordell Bank GCA prohibits take of
groundfish, except for non-trawl commercial take of the Other Flatfish
complex (Sec. Sec. 660.230(d)(16) and 660.330(d)(18)), and
recreational take of the Other Flatfish complex, petrale sole, and
starry flounder (Sec. 660.360(c)(3)(i)(C)). The Cordell Bank GCA does
not restrict other non-groundfish fisheries from operating in the area.
The Cordell Bank GCA has historically overlapped with four other
closures: (1) the Trawl RCA, which prohibits commercial groundfish
fishing with trawl gear; (2) the Non-Trawl RCA, which prohibits
commercial groundfish fishing with most types of non-trawl gear; (3)
the Cordell Bank Biogenic EFHCA, which prohibits fishing with bottom
trawl gear (except for demersal seine) by all fisheries (hereafter
referred to as the ``bottom trawl EFHCA''); and (4) the Cordell Bank
(50-fm isobath) EFHCA, which prohibits fishing with bottom contact gear
by all fisheries (hereafter referred to as the ``bottom contact
EFHCA''). These closures can be viewed on figure 1 of the Analysis (see
ADDRESSES). Each closure has different regulations that prohibit
different fisheries from operating and different gear types from being
used (see table 1 of the Analysis), consequently creating confusion
among fishermen and challenges for enforcement officers. The Council
and NMFS addressed the overlap issues with the Trawl RCA via Amendment
28 to the to the Pacific Coast Groundfish FMP (Amendment 28), which
removed the Trawl RCA off the coasts of Oregon and California (84 FR
63966, November 19, 2019). The Council and NMFS addressed the overlap
issues between the Cordell Bank GCA and the Non-Trawl RCA by adjusting
select coordinates on the 75 fm (137 m) depth contour to align with the
eastern boundary of the Cordell Bank GCA (see agenda item F.4.a, CDFW
Report 1, March 2023 at <a href="https://pcouncil.org">https://pcouncil.org</a>). Despite these efforts,
challenges with other existing overlapping closures (i.e., the bottom
trawl and bottom contact EFHCAs) still remain.
With the rebuilt status of almost all groundfish species originally
declared overfished in the early 2000s, the Council began prioritizing
increased fishing access to the Non-Trawl RCA and CCAs in November
2019. In alignment with the Council's resulting recommendation, in
January 2024, NMFS implemented Amendment 32 to the Pacific Coast
Groundfish FMP (Amendment 32; 88 FR 83830, December 1, 2023), which
reduced the size of the Non-Trawl RCA for commercial non-trawl
groundfish fisheries and removed the CCAs for the non-trawl commercial
and recreational groundfish fisheries. The Cordell Bank GCA was not
included in the Amendment 32 action because the Council's scope for
Amendment 32 focused on non-trawl fishery closures only; the Cordell
Bank GCA prohibits all groundfish fishing by non-trawl and trawl
fisheries. However, during the development of Amendment 32, it became
apparent via Council discussions in the Groundfish Advisory Subpanel
(GAP) and the Enforcement Committee that there was a need to open the
Cordell Bank GCA, via a future action, to address regulatory and
enforcement challenges associated with the overlapping closures.
Therefore, in March 2023, the Council prioritized scoping of removing
the Cordell Bank GCA and other associated changes (agenda item F.8.a,
Supplemental CDFW Report 1, March 2023 at <a href="https://pcouncil.org">https://pcouncil.org</a>). In
September 2023, the California Department of Fish and Wildlife (CDFW)
proposed to remove the Cordell Bank GCA and create a new GEA that
overlays the existing bottom contact EFHCA, which is intended to
minimize impacts to sensitive environments from certain groundfish
fishing activities. After additional deliberation, consistent with
Magnuson-Stevens Act section 303(c)(1), the Council deemed the proposed
regulations consistent with and necessary to implement the proposed
action. After its own review, NMFS has determined that the proposed
rule meets the appropriate legal standards and now solicits public
comment on its provisions.
Removal of the Cordell Bank GCA
If implemented, this proposed rule would remove the Cordell Bank
GCA closure from Sec. 660.70, as well the associated groundfish
prohibitions for the trawl, limited entry fixed gear (LEFG), open
access (OA), and recreational fishery sectors specified at Sec. Sec.
660.130, 660.230, 660.330, and 660.360, respectively. Although the
Cordell Bank GCA is 64 square miles (sq mi) (165.8 square kilometers
(km)), only 40.1 sq mi (104 sq km) would be opened to non-trawl gear
and 10.2 sq mi (26.4 sq km) to almost all trawl gear. The bottom
contact and bottom trawl EFHCAs and their associated prohibitions would
remain in place, and a GEA would overlay the exact geographic footprint
of the bottom contact EFHCA (see next section).
The coordinates for the Cordell Bank GCA include coordinates
commonly referred to as the ``100-fm ring.'' These coordinates are
distinct from the 100 fm (183 meter (m)) depth contour line defined at
Sec. 660.73. Per the trawl management measure regulations at Sec.
660.130(c)(1)(ii), trawling with large footrope gear is prohibited
shoreward of 100 fm (183 m) and in the area south of 46[deg]16' North
latitude (N lat.). Removing the Cordell Bank GCA coordinates from
Federal regulations entirely would default to allow trawling with large
footrope gear in the 10.2 sq mi (26.4 sq km) opened to trawl gear. In
order to maintain this prohibition, the coordinates for the 100-fm ring
would be transferred to Sec. 660.73, which is where the coordinates
for the coastwide 100-fm (183-m) line and other lines around islands
and banks are defined.
Creation of the Cordell Bank GEA
GEAs were first created by and used via Amendment 32 (88 FR 83830,
December 1, 2023), which implemented eight GEAs in the Southern
California Bight to protect sensitive coral ecosystems from groundfish
fishing impacts when the CCAs were removed for non-trawl commercial and
recreational groundfish fisheries. The Pacific Coast Groundfish FMP
[[Page 4487]]
authorizes the creation of additional GEAs via rulemaking (see section
6.8.10). GEAs are a different type of closure from GCAs in that their
primary purpose is not to protect groundfish species, but to protect
habitat. Amendment 19 designated the Cordell Bank as a habitat area of
particular concern (HAPC) because it contains a substantive amount of
rocky reef habitat and, therefore, although there is no longer a need
for the Cordell Bank GCA to protect overfished groundfish species,
there remains a need to protect sensitive habitat (see next section).
If implemented, this proposed rule would establish the Cordell Bank GEA
at Sec. 660.70. All groundfish fishing would be prohibited within the
Cordell Bank GEA. Groundfish vessels would be able to continuously
transit through the Cordell Bank GEA as long as all groundfish gear is
stowed. The Cordell Bank GEA would be 26.4 sq mi (68.3 sq km), of which
23.9 sq mi (61.9 sq km) is inside the current Cordell Bank GCA and the
remaining 2.5 sq mi (6.5 sq km) is outside of the GCA. The 2.5 sq mi
(6.5 sq km) that is outside of the GEA overlaps with the bottom contact
EFHCA and Non-Trawl RCA, meaning groundfish fishing with non-bottom
contact gear (e.g., troll gear) is currently allowed. The new GEA would
prohibit all groundfish fishing, thereby taking away the ability to use
non-bottom contact gear in this 2.5 sq mi (6.5 sq km). After the
addition of the proposed GEA, approximately 37 percent of the Cordell
Bank GCA footprint would remain closed to all groundfish fishing, and
most of the rest of the area would still have restrictions from the
bottom contact and bottom trawl EFHCAs. Only the 10.2 sq mi (26.4 sq
km, 16 percent of the GCA) opened to trawl gear would be entirely open,
as there are no other overlapping closures in this area. Overall, the
proposed action would open a net area of 10.2 sq mi (26.4 sq km) to
trawl gear and 40.1 sq mi (103.9 sq km) to non-trawl commercial and
recreational gear. The Cordell Bank GEA coordinates would be the same
as the coordinates for the existing bottom contact EFHCA (listed at
Sec. 660.79(r)), which would substantively reduce regulatory
complexity and enforcement challenges.
This proposed rule would also revise the regulations at Sec.
660.10 to remove the definition of GEA from the list of defined GCAs
and categorize it as its own closure type. This change would better
reflect the regulatory purpose of GEAs, which is to protect sensitive
habitats from groundfish fishing as opposed to overfished groundfish
species from groundfish fishing.
Summary of Habitat Impacts
Known for its extensive rocky reef habitat, the Cordell Bank area
is designated as groundfish essential fish habitat (EFH) and a HAPC via
Amendment 19 to the Pacific Coast Groundfish FMP (71 FR 27408, May 11,
2006). It is also located within the Cordell Bank National Marine
Sanctuary. The draft Analysis for this proposed action (see ADDRESSES)
discloses potential impacts to habitat that may result from the opening
of the Cordell Bank GCA. Specifically, the Analysis includes maps of
varying benthic substrates (e.g., sandy bottom vs. hard substrate) as
well as corals, sponges, and sea pens that occur in the areas proposed
to be opened to groundfish trawl and non-trawl gear types. The Analysis
also discusses potential shifts in fishery effort by each relevant
fishery sector.
Trawl Gear Impacts
Under the proposed action, approximately 10.2 sq mi (26.4 sq km) of
new area would be exposed to trawl gear. As described in the Analysis,
available data shows that approximately 3.3 percent (0.54 sq mi or 1.4
sq km) of that area is rocky reef habitat, with limited coral, sponge,
and sea pen observations. The remaining area is primarily made up of
sand substrate with some unconsolidated mineral substrate. The Analysis
also explains that significant fishing effort with trawl gear is not
anticipated, as the area proposed to be opened is only 10.2 sq mi (26.4
sq km), and there has been limited to no trawl effort in the vicinity
of the Cordell Bank GCA since 2018. Bottom trawl vessels typically
avoid high relief rocky habitat to avoid gear damage; therefore, even
if trawl vessels came to the area proposed to be opened, they would
likely fish over the areas with a flatter bottom. Additionally, trawl
regulations at Sec. 660.130(c)(1)(ii) prohibit the use of large
footrope gear in the area south of 46[deg]16' N lat. and shoreward of
the 100-fm (183-m) depth contour; therefore, only small footrope gear
(generally considered to be less damaging than large footrope gear)
would be permitted in the 10.2 sq mi (26.4 sq km) area opened. Overall,
the Analysis concludes that a minimal amount of rocky reef habitat
would be exposed to trawl gear, and minimal impact from fishing would
occur if trawl effort shifted into that area. For a more detailed
analysis on potential habitat impacts from trawl gear, see section
3.1.2 the Analysis.
Non-Trawl Gear Impacts
Under the proposed action, approximately 40.1 sq mi (103.9 sq km)
of new area would be exposed to non-trawl gear (e.g., pots, bottom
longline, hook-and-line), which is generally considered to be less
destructive than trawl gear (see appendix C to the Pacific Coast
Groundfish FMP). As described in the Analysis, available data shows
that approximately 8.9 percent (3.6 sq mi or 9.3 sq km) of the 40.1 sq
mi (103.9 sq km) area proposed to be opened is rocky substrate with an
additional 43.2 percent (17.3 sq mi or 44.8 sq km) categorized as
unconsolidated mineral substrate. The remaining half of the proposed
area to be open is categorized as sand. Additionally, there are limited
coral, sponge, and sea pen observations in the area proposed to be
opened.
The Analysis also predicts some effort shift into the 40.1 sq mi
(103.9 sq km) area proposed to be opened from the non-trawl catch share
sector fisheries, as effort data since 2021 indicates those vessels
have been fishing in the vicinity of the Cordell Bank GCA. However,
these vessels would likely use hook-and-line gear, which is generally
considered to be less impactful on benthic habitat than non-trawl gear
types that are actively fished on the bottom (e.g., pot or longline).
In their November 2024 statement (see agenda item I.5.a, Supplemental
GAP Report 1 at <a href="https://pcouncil.org">https://pcouncil.org</a>), the Council's GAP discussed that
limited pot gear activity would likely occur in the area due to the
high relief habitat features and the fact that the area is too shallow
for sablefish (the primary target species for pot gear). Hook-and-line
gear for midwater stocks would likely be the targeted fishery occurring
in the proposed action area.
Effort shift from the recreational sector is also anticipated, as
the Cordell Bank area has historically been a recreational fishing
ground, and public comments from the November 2024 Council meeting (see
<a href="https://pcouncil.org">https://pcouncil.org</a>) indicate interest in adding the Cordell Bank area
to a rotation of recreational fishing locations to spread out effort on
other nearby fishing locations. Overall, the Analysis anticipates some,
but not significant, potential impact in the area proposed to be opened
to non-trawl gear due to anticipated effort shift from the commercial
and recreational non-trawl sectors. For a more detailed analysis on
potential habitat impacts from non-trawl gear, see section 3.1.2 the
Analysis.
In addition to opening the 40.1 sq mi (103.9 sq km) of area
discussed above, NMFS proposes to close approximately
[[Page 4488]]
2.5 sq mi (6.5 sq km) in the Cordell Bank area that is currently open
to non-trawl non-bottom contact gear. This 2.5 sq mi (6.5 sq km) area
is currently within the bottom contact EFHCA, and therefore, non-bottom
contact gears are permitted. However, the proposed GEA would close this
small 2.5 sq mi (6.5 sq km) area to all groundfish fishing.
Essential Fish Habitat
The Magnuson-Stevens Act requires that FMPs describe and identify
EFH and minimize to the extent practicable adverse effects on EFH
caused by fishing. As such, EFH is described in appendices B and C to
the Pacific Coast Groundfish FMP and includes the Cordell Bank area.
The Pacific Coast Groundfish FMP authorizes the use of EFHCAs to
protect groundfish EFH from specific types of fishing activity. As a
result of the Council's 2006 EFH review process, a bottom trawl EFHCA
and a bottom contact EFHCA were implemented in the Cordell Bank area
via Amendment 19 to the Pacific Coast Groundfish FMP (71 FR 27408, May
11, 2006). The coordinates for these EFHCAs are listed at Sec.
660.79(q) and (r), respectively. As a result of the 2014 EFH process,
which included review of the Cordell Bank area, the bottom trawl EFHCA
was later expanded via Amendment 28 (84 FR 63966, November 19, 2019).
The bottom contact EFHCA was not changed because there was not new,
definitive information on the benthic habitat effects of non-trawl
bottom contact gear that compelled revisions. During the development of
this action, the Council's Habitat Committee reviewed new information
on the potential impact to EFH in the Cordell Bank area from the
proposed opening, which is documented in the Analysis (see section
3.1.2). Overall, the Analysis concludes that there will not be
significant impacts to EFH that would require additional mitigative
measures.
Conclusion
As described in the Analysis, significant habitat impact from this
action (including to designated EFH) is not anticipated. Although there
would be some expected effort shift from the commercial and
recreational non-trawl sectors, the primary gear type used would be
hook-and-line, as fishermen tend to avoid high relief rocky habitat
with bottom gear to avoid gear damage. Additionally, the area proposed
to be opened is too shallow for sablefish, which is the primary target
for non-trawl bottom gear types. The vast majority of coral, sponge,
and sea pen observations occur within the proposed GEA and, therefore,
would remain protected from groundfish fishing impacts.
Classification
Pursuant to sections 303(c) and 304(b)(1)(A) of the Magnuson-
Stevens Act, the NMFS Assistant Administrator has determined that this
proposed rule is consistent with the Pacific Coast Groundfish FMP,
other provisions of the Magnuson-Stevens Act, and other applicable law,
subject to further consideration after public comment.
Executive Order 12866
This proposed rule has been determined to be not significant for
purposes of
Executive Order 12866
There are no relevant Federal rules that may duplicate, overlap, or
conflict with this action.
Executive Order 14192
This proposed rule is not an Executive Order 14192 regulatory
action because this rule is not significant under Executive Order
12866.
Regulatory Impact Review (RIR)
An RIR was prepared to assess all costs and benefits of available
regulatory alternatives. A copy of this Analysis is available from NMFS
(see ADDRESSES section). NMFS is recommending this proposed rule based
on its assessment of the net benefits to the Nation of these measures.
Regulatory Flexibility Act
The Chief Counsel for Regulation of the Department of Commerce has
certified to the Chief Counsel for Advocacy of the Small Business
Administration that this proposed rule, if adopted, would not have a
significant economic impact on a substantial number of small entities.
The basis for this conclusion is provided here. In addition to comments
on the analysis below, the agency requests comments on the decision to
certify this proposed rule.
For purposes of the RFA (5 U.S.C. 601 et seq.) only, NMFS has
established a small business size standard for businesses, including
their affiliates, whose primary industry is commercial fishing (see 50
CFR 200.2). A business primarily engaged in commercial fishing is
classified as a small business if it is independently owned and
operated, is not dominant in its field of operation (including its
affiliates), and has combined annual receipts not in excess of $11
million for all its affiliated operations worldwide. This standard
applies to all businesses classified under North American Industry
Classification System (NAICS) code 11411 for commercial fishing,
including all businesses classified as commercial finfish fishing
(NAICS 114111), commercial shellfish fishing (NAICS 114112), and other
commercial marine fishing (NAICS 114119) businesses (13 CFR 121.201; 50
CFR 200.2).
A Description and Estimate of the Number of Small Entities to Which the
Proposed Rule Applies
All commercial and recreational groundfish participants in the EEZ
off Washington, Oregon, and California managed under the Pacific Coast
Groundfish FMP may be affected by this action. However, the likely
impact would be to those that fish in the action area, which includes
commercial and recreational non-trawl vessels that fish out of nearby
ports in central California (i.e., Bodega Bay and San Francisco). Table
1 shows the number of distinct vessels by commercial sector potentially
affected by this action, the range of vessels, and average
participation from 2019 to 2024 between the latitudes of 40[deg]30' to
36[deg] N lat. (i.e., the latitudinal range that encompasses the action
area). The majority of vessels participate in the open access (OA)
Fixed Gear fishery. Due to confidentiality, individual fishing quota
(IFQ) gear switching vessels were combined with limited entry fixed
gear (LEFG) vessels.
Table 1--Number of Distinct Vessels, Range of Vessels, and Average Vessels for PacFIN Catch Area 1b (40[deg]10' to 36[deg] N Lat.) in Total and Only
From the Bodega Bay/San Francisco Port Groups, 2019-2024
--------------------------------------------------------------------------------------------------------------------------------------------------------
All ports Bodega Bay/San Francisco
------------------------------------------------------------------------------------------------
Fishery sector Distinct Distinct
vessels Range Average vessels Range Average
--------------------------------------------------------------------------------------------------------------------------------------------------------
Bottom Trawl........................................... 17 8-11 10 4 <3 3
LE Fixed Gear DTL...................................... 35 11-23 17 8 <5 3
[[Page 4489]]
Limited Entry Sablefish \a\............................ 32 16-21 19 9 4-6 5
OA Fixed Gear.......................................... 445 99-177 149 178 37-71 59
--------------------------------------------------------------------------------------------------------------------------------------------------------
All OA Fixed Gear vessels are assumed to be small entities, with
ex-vessel revenues for all landings (groundfish and non-groundfish)
averaging $88,386. In 2024, 25 of the 28 LEFG permits associated with
vessels that would likely be subject to this action (i.e., required to
fish in the primary or LE trip limit fisheries) were owned by small
entities (self-reported). For gear switching vessels likely affected by
this action, all reported as small entities in 2024. Note that there is
not a strict one-to-one correlation between vessels or permits and
entities; some persons or firms likely have ownership interests in more
than one vessel or permit. Given these factors, the actual number of
entities regulated by this action could be lower than the preceding
estimates.
For recreational participants, it is likely that the participants
impacted by the action would be from Bodega Bay. Available data
includes only the number of angler trips, which is likely to
overestimate the number of participants as one individual could take
multiple angler trips in the time frame. The maximum number of
participants that may therefore be affected would be 419 (total of
angler trips in 2023, table 2) but is likely substantially lower given
the likelihood of multiple angler trips per participant in the counts.
All recreational participants are assumed to be small entities.
Table 2--Number of Angler Trips Targeting Groundfish Outside of 3 nm (5.6 km) in the Party/Charter and Private/
Rental Boat Modes at Bodega Bay Recreational Angler Sampling Sites From 2019 to 2023 by Mode
[RecFIN, 10/22/2024]
----------------------------------------------------------------------------------------------------------------
Year Party/charter boats Private/rental boats
----------------------------------------------------------------------------------------------------------------
2019........................................................... 0 17
2020........................................................... 0 6
2021........................................................... 0 16
2022........................................................... 0 14
2023........................................................... 116 303
----------------------------------------------------------------------------------------------------------------
Description and Estimate of Economic Effects on Entities, by Entity
Size and Industry
The economic impact of the proposed action would be positive for
the affected commercial and recreational small entities, as the
proposed regulations would open a small amount of historically used
fishing area, thus expanding fishing opportunity and increasing
potential profitability. The proposed GEA restricts 37 percent of the
area that could have been opened, and therefore the positive impacts
are considered marginal. Still, the proposed regulations would provide
a net increase in fishing grounds for groundfish participants by
removing the GCA, which is no longer warranted given the status of the
previously overfished stocks. The proposed action would also reduce
regulatory complexity by streamlining overlapping area-based closures.
This is expected to reduce participant confusion, as well as provide
cost savings for enforcement agencies. There are three LEFG commercial
permits associated with vessels that would be affected by this action
that self-reported as large entities. These entities would be subject
to the same positive effects as small entities, including marginally
improved fishing opportunity and reduced regulatory complexity.
An Explanation of the Criteria Used To Evaluate Whether the Proposed
Rule Would Impose ``Significant'' Economic Effects
The criteria used to evaluate this rule are disproportionality and
profitability. Given that the proposed action is opening areas to
fishing, with the exception of 2.5 sq mi (6.5 sq km) of the bottom
contact EFHCA within the Non-Trawl RCA that will be closed to non-
bottom contact gears, there are no anticipated significant economic
effects that would disproportionally impact small entities or affect
their profitability. The proposed action would increase opportunity
overall.
An Explanation of the Criteria Used To Evaluate Whether the Proposed
Rule Would Impose Effects on ``A Substantial Number'' of Small Entities
While this action would apply to the entirety of all entities
fishing groundfish off the U.S. West Coast, and the majority of those
entities are considered small entities, this rule is expected to have
an impact on a minimal number of small entities given its limited
geographic scope and the limited anticipated effort shift into the
area.
A Description of, and an Explanation of the Basis for, Assumptions Used
Section 5.3 of the Analysis describes the data sources and methods
used to determine the population of potential affected entities and
those that would classify as small entities. Overall, fishing
participation levels can change over time, leading to uncertainty in
the number of affected entities. However, it is likely that the
estimates provided are representative of the potential affected
parties.
[[Page 4490]]
Paperwork Reduction Act
This proposed rule contains no new information collection
requirements under the Paperwork Reduction Act of 1995.
List of Subjects in 50 CFR Part 660
Fisheries, Fishing, Fishing vessels.
Dated: January 26, 2026.
Samuel D. Rauch III,
Deputy Assistant Administrator for Regulatory Programs, National Marine
Fisheries Service.
For the reasons set out in the preamble, NMFS proposes to amend 50
CFR 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. 773 et seq., 16 U.S.C. 1801 et seq., and 16
U.S.C. 7001 et seq.
0
2. In Sec. 660.11, amend the definition of ``Conservation area(s)''
by:
0
a. Revising introductory text;
0
b. Revising paragraph (1) introductory text;
0
c. Removing paragraphs (1)(iii) and (1)(v);
0
d. Redesignating paragraph (1)(iv) as paragraph (1)(iii) and paragraphs
(1)(vi) and (1)(vii) as paragraphs (1)(iv) and (1)(v);
0
e. Adding paragraph (4).
The revisions and addition read as follows:
Sec. 660.11 General definitions.
* * * * *
Conservation area(s) means an enclosed geographic area defined by
coordinates expressed in degrees of latitude and longitude where NMFS
may prohibit fishing with particular gear types. Conservation areas
include Groundfish Conservation Areas (GCA), Essential Fish Habitat
Conservation Areas (EFHCA), Deep-sea Ecosystem Conservation Areas
(DECA) and Groundfish Exclusion Areas (GEA).
(1) Groundfish Conservation Area or GCA means a conservation area
created or modified and enforced to control catch of groundfish or
protected species. Regulations at Sec. 660.60(c)(3) describe the
various purposes for which NMFS may implement certain types of GCAs
through routine management measures. Regulations at Sec. 660.70
further describe and define coordinates for certain GCAs, including
Yelloweye Rockfish Conservation Areas and Cowcod Conservation Areas.
GCAs also include closures bounded by the EEZ or depth-based lines
approximating depth contours, including Bycatch Reduction Areas or
BRAs, or bounded by depth contours and lines of latitude, including
Block Area Closures, or BACs, and Rockfish Conservation Areas, or RCAs,
which may be closed to fishing with particular gear types. BRA, BAC,
and RCA boundaries may change seasonally according to conservation
needs. Regulations at Sec. Sec. 660.71 through 660.74, and 660.76
define depth-based boundary lines with latitude/longitude coordinates
that may be used to enact depth-based closures. Regulations in this
section describe commonly used geographic coordinates that define lines
of latitude. Fishing prohibitions associated with GCAs are in addition
to those associated with other conservation areas.
* * * * *
(4) Groundfish Exclusion Areas or GEAs are closed areas intended to
mitigate potential impacts to sensitive environments from certain
groundfish fishing activity. GEAs may prohibit fishing by certain
groundfish sectors or certain groundfish gear types. Geographic
coordinates for GEAs are defined at Sec. 660.70.
* * * * *
0
3. Amend Sec. 660.70 by:
0
a. Revising the section heading;
0
b. Revising paragraph (a);
0
c. Revising paragraph (t) introductory text and adding paragraph
(t)(10); and
0
d. Removing paragraph (u).
The revisions and addition read as follows:
Sec. 660.70 Groundfish Conservation Areas and Groundfish Exclusion
Areas.
(a) General. Groundfish conservation area (GCA) and groundfish
exclusion area (GEA) are defined in Sec. 660.11. This section defines
GCAs and GEAs whose shapes are not exclusively defined by boundary
lines approximating depth contours found in Sec. Sec. 660.71 through
660.74 or commonly used geographic coordinates at Sec. 660.11. Fishing
activity that is prohibited or permitted within a particular GCA or GEA
is detailed at subparts C through G of part 660.
* * * * *
(t) Groundfish Exclusion Areas. The Groundfish Exclusion Areas
(GEAs) are closed areas intended to protect sensitive areas, including
areas with coral and sea pens. GEAs are closed to both commercial and
recreational groundfish fisheries unless otherwise noted.
* * * * *
(10) Cordell Bank. The Cordell Bank GEA is defined by the straight
lines connecting the following specific latitude and longitude
coordinates in the order listed and connecting back to 37[deg]57.62' N
lat., 123[deg]24.22' W long.:
(i) 37[deg]57.62' N lat., 123[deg]24.22' W long.;
(ii) 37[deg]57.70' N lat., 123[deg]25.25' W long.;
(iii) 37[deg]59.47' N lat., 123[deg]26.63' W long.;
(iv) 38[deg]00.24' N lat., 123[deg]27.87' W long.;
(v) 38[deg]00.98' N lat., 123[deg]27.65' W long.;
(vi) 38[deg]02.81' N lat., 123[deg]28.75' W long.;
(vii) 38[deg]04.26' N lat., 123[deg]29.25' W long.;
(viii) 38[deg]04.55' N lat., 123[deg]28.32' W long.;
(ix) 38[deg]03.87' N lat., 123[deg]27.69' W long.;
(x) 38[deg]04.27' N lat., 123[deg]26.68' W long.;
(xi) 38[deg]02.67' N lat., 123[deg]24.17' W long.;
(xii) 38[deg]00.87' N lat., 123[deg]23.15' W long.;
(xiii) 37[deg]59.32' N lat., 123[deg]22.52' W long.; and
(xvi) 37[deg]58.24' N lat., 123[deg]23.16' W long.
0
4. Amend Sec. 660.73 by redesignating paragraphs (b) through (y) as
paragraphs (c) through (z), and adding new paragraph (b) to read as
follows:
Sec. 660.73 Latitude/longitude coordinates defining the 100-fm (183-
m) through 150-fm (274-m) depth contours.
* * * * *
(b) Cordell Bank 100 fm ring. The 100-fm (183-m) depth contour
around Cordell Bank off the State of California is defined by straight
lines connecting all of the following points in the order stated:
(1) 38[deg]03.18' N lat., 123[deg]20.77' W long.;
(2) 38[deg]06.29' N lat., 123[deg]25.03' W long.;
(3) 38[deg]06.34' N lat., 123[deg]29.32' W long.;
(4) 38[deg]04.57' N lat., 123[deg]31.30' W long.;
(5) 38[deg]02.32' N lat., 123[deg]31.07' W long.;
(6) 38[deg]00.00' N lat., 123[deg]28.40' W long.;
(7) 37[deg]58.10' N lat., 123[deg]26.66' W long.;
(8) 37[deg]55.07' N lat., 123[deg]26.81' W long.;
(9) 38[deg]00.00' N lat., 123[deg]23.08' W long.; and connecting
back to 38[deg]03.18' N lat., 123[deg]20.77' W long.
* * * * *
0
5. Amend Sec. 660.130 by:
0
a. Removing paragraph (e)(2);
0
b. Redesignating paragraph (e)(3) through (e)(7) as (e)(2) through
(e)(6); and
0
c. Adding paragraph (h)
[[Page 4491]]
The revisions and additions read as follows:
Sec. 660.130 Trawl fishery--management measures.
* * * * *
(e) * * *
(1) * * *
(2) 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:
* * * * *
(3) Block area closures or BACs. BACs, defined at Sec. 660.111,
are applicable to vessels with groundfish bottom trawl or midwater
trawl gear on board that is not stowed, per the prohibitions in Sec.
660.112(a)(5). When in effect, BACs are areas closed to bottom trawl
and/or midwater trawl fishing. A vessel operating, for any purpose
other than continuous transiting, in the BAC must have prohibited trawl
gear stowed, as defined at Sec. 660.111. Nothing in these Federal
regulations supersedes any state regulations that may prohibit trawling
shoreward of the fishery management area, defined at Sec. 660.11.
Prohibitions at Sec. 660.112(a)(5) do not apply under any of the
following conditions and when the vessel has a valid declaration for
the allowed fishing:
* * * * *
(4) Bycatch reduction areas or BRAs. Vessels using midwater
groundfish trawl gear during the applicable Pacific whiting primary
season may be prohibited from fishing shoreward of a boundary line
approximating the 75 fm (137 m), 100 fm (183 m), 150 fm (274 m), or 200
fm (366 m) depth contours.
(5) Eureka management area midwater trawl trip limits. No more than
10,000-lb (4,536 kg) of whiting may be taken and retained, possessed,
or landed by a vessel that, at any time during a fishing trip, fished
with midwater groundfish trawl gear in the fishery management area
shoreward of the boundary line approximating the 100 fm (183 m) depth
contour in the Eureka management area, defined at Sec. 660.11. See
also midwater trawl depth restrictions in paragraph (c) of this
section.
(6) Salmon conservation zones. Fishing with midwater trawl gear and
bottom trawl gear, other than selective flatfish trawl gear, is
prohibited in the Klamath River Salmon Conservation Zone and the
Columbia River Salmon Conservation Zone (defined at Sec. 660.111).
* * * * *
(h) Groundfish Exclusion Areas (GEAs). GEAs are closed areas
defined by specific latitude and longitude coordinates (specified at
Sec. 660.70) where recreational and/or commercial fishing for
groundfish is prohibited unless otherwise noted at Sec. 660.70(t). It
is unlawful to fish for, take and retain, possess (except for the
purpose of continuous transit) or land groundfish within the GEAs
unless otherwise specified at Sec. 660.70(t). All prohibited fishing
gear for targeting groundfish, as specified at Sec. 660.70(t), must be
stowed while transiting through a GEA. If fishing for non-groundfish
species within a GEA, where all groundfish fishing is prohibited, then
no groundfish may be on board the vessel.
0
6. Amend Sec. 660.230 by removing paragraphs (d)(15) and (16) and
adding paragraph (h) to read as follows:
Sec. 660.230 Fixed gear fishery--management measures.
* * * * *
(h) Groundfish exclusion areas (GEAs). GEAs are closed areas
defined by specific latitude and longitude coordinates (specified at
Sec. 660.70) where recreational and/or commercial fishing for
groundfish is prohibited unless otherwise noted at Sec. 660.70(t). It
is unlawful to fish for, take and retain, possess (except for the
purpose of continuous transit) or land groundfish within the GEAs
unless otherwise specified at Sec. 660.70(t). All prohibited fishing
gear for targeting groundfish, as specified at Sec. 660.70(t), must be
stowed while transiting through a GEA. If fishing for non-groundfish
species within a GEA, where all groundfish fishing is prohibited, then
no groundfish may be on board the vessel.
0
7. Amend Sec. 660.330 by removing paragraphs (d)(17) and (18), and
adding paragraph (h) to read as follows:
Sec. 660.330 Open access fishery--management measures.
* * * * *
(h) Groundfish exclusion areas (GEAs). GEAs are closed areas
defined by specific latitude and longitude coordinates (specified at
Sec. 660.70) where recreational and/or commercial fishing for
groundfish is prohibited unless otherwise noted at Sec. 660.70(t). It
is unlawful to fish for, take and retain, possess (except for the
purpose of continuous transit) or land groundfish within the GEAs
unless otherwise specified at Sec. 660.70(t). All prohibited fishing
gear for targeting groundfish, as specified at Sec. 660.70(t), must be
stowed while transiting through a GEA. If fishing for non-groundfish
species within a GEA, where all groundfish fishing is prohibited, then
no groundfish may be on board the vessel.
0
8. Amend Sec. 660.360 by:
0
a. Revising paragraphs (c)(3)(i)(A)(3) and (c)(3)(i)(B);
0
b. Removing paragraph (c)(3)(i)(C); and
0
d. Redesignating paragraphs (c)(3)(i)(D) through (I) as paragraphs
(c)(3)(i)(C) through (H).
The revisions read as follows:
Sec. 660.360 Recreational fishery--management measures.
* * * * *
(c) * * *
(3) * * *
(i) * * *
(A) * * *
(3) Between 38[deg]57.50' N lat. and 37[deg]11' N lat. (San
Francisco Management Area), recreational fishing for the RCG Complex
and lingcod is closed in the EEZ from January 1 through March 31, is
prohibited in the EEZ shoreward of the boundary line approximating the
50-fm (91-m) depth contour along the mainland coast and along islands
and offshore seamounts from April 1 through April 30, is closed in the
EEZ from May 1 to September 30, is prohibited in the EEZ shoreward of
the boundary line approximating the 50-fm (91-m) depth contour along
the mainland coast and along islands and offshore seamounts from
October 1 through October 31, closed in the EEZ from November 1 through
November 30, and prohibited in the EEZ shoreward of the boundary line
approximating the 50-fm (91-m) depth contour along the mainland coast
and along islands and offshore seamounts from December 1 through
December 31.
* * * * *
(B) Groundfish exclusion areas (GEAs). GEAs are closed areas
defined by specific latitude and longitude coordinates (specified at
Sec. 660.70) where recreational and/or commercial fishing for
groundfish is prohibited unless otherwise noted at Sec. 660.70(t). It
is unlawful to fish for, take and retain, possess (except for the
purpose of continuous transit) or land groundfish within the GEAs
unless otherwise specified at Sec. 660.70(t). Recreational fishing
gear for targeting groundfish may not be deployed while transiting
through a GEA. If fishing for non-groundfish species within a GEA, then
[[Page 4492]]
no groundfish may be on board the vessel.
* * * * *
[FR Doc. 2026-02043 Filed 1-30-26; 8:45 am]
BILLING CODE 3510-22-P
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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.