Proposed Rule2026-02370
Magnuson-Stevens Act Provisions; Fisheries Off West Coast States; Pacific Coast Groundfish Fishery; Pacific Coast Groundfish Fishery Management Plan; Fixed Gear Marking and Entanglement Risk Reduction
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Published
February 6, 2026
Issuing agencies
Commerce DepartmentNational Oceanic and Atmospheric Administration
Abstract
This proposed rule would implement gear marking requirements and entanglement risk reduction measures for portions of the Pacific coast groundfish fishery. This rulemaking will consist of mandatory requirements and voluntary measures. These new requirements and voluntary measures will be established pursuant to the Magnuson-Stevens Fishery Conservation and Management Act. The intent of the gear marking requirements is to increase the likelihood of attributing entanglements to a specific fishery and gear type. The intent of the risk reduction measures is to reduce bycatch by decreasing the likelihood of marine animal entanglements with fishing line. NMFS requests public comment on these proposed requirements and voluntary measures.
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<title>Federal Register, Volume 91 Issue 25 (Friday, February 6, 2026)</title>
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[Federal Register Volume 91, Number 25 (Friday, February 6, 2026)]
[Proposed Rules]
[Pages 5408-5418]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-02370]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 660
[Docket No. 260120-0031]
RIN 0648-BN00
Magnuson-Stevens Act Provisions; Fisheries Off West Coast States;
Pacific Coast Groundfish Fishery; Pacific Coast Groundfish Fishery
Management Plan; Fixed Gear Marking and Entanglement Risk Reduction
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Proposed rule; request for comments.
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SUMMARY: This proposed rule would implement gear marking requirements
and entanglement risk reduction measures for portions of the Pacific
coast groundfish fishery. This rulemaking will consist of mandatory
requirements and voluntary measures. These new requirements and
voluntary measures will be established pursuant to the Magnuson-Stevens
Fishery Conservation and Management Act. The intent of the gear marking
requirements is to increase the likelihood of attributing entanglements
to a specific fishery and gear type. The intent of the risk reduction
measures is to reduce bycatch by decreasing the likelihood of marine
animal entanglements with fishing line. NMFS requests public comment on
these proposed requirements and voluntary measures.
DATES: Comments must be received no later than March 9, 2026.
ADDRESSES: A plain language summary of this proposed rule is available
at <a href="https://www.regulations.gov/docket/NOAA-NMFS-2024-0045">https://www.regulations.gov/docket/NOAA-NMFS-2024-0045</a>. You may
submit comments on this document, identified by NOAA-NMFS-2024-0045, by
the following method:
<bullet> Electronic Submission: Submit all electronic public
comments via the Federal e-Rulemaking Portal. Visit <a href="https://www.regulations.gov">https://www.regulations.gov</a> and type NOAA-NMFS-2024-0045 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, etc.), confidential business
information, or otherwise sensitive information submitted voluntarily
by the sender will be publicly accessible. NMFS will accept anonymous
comments (enter ``N/A'' in the required fields if you wish to remain
anonymous).
<bullet> Written comments regarding the burden-hour estimates or
other aspects of the collection-of-information requirements contained
in this proposed rule may be submitted to NMFS West Coast Region and to
<a href="https://www.reginfo.gov/public/do/PRAMain">https://www.reginfo.gov/public/do/PRAMain</a>. Find this particular
information collection by selecting ``Currently under 30-day Review--
Open for Public Comments'' or by using the search function. An initial
regulatory flexibility analysis was prepared and is available on the
Pacific Fishery Management Council website at <a href="https://www.pcouncil.org">https://www.pcouncil.org</a>.
FOR FURTHER INFORMATION CONTACT: Gretchen Hanshew, Fishery Management
Specialist, at 206-526-6147 or <a href="/cdn-cgi/l/email-protection#ef889d8a9b8c878a81c1878e819c878a98af81808e8ec1888099"><span class="__cf_email__" data-cfemail="ddbaafb8a9beb5b8b3f3b5bcb3aeb5b8aa9db3b2bcbcf3bab2ab">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
I. Background
This proposed rule includes gear marking requirements and
entanglement risk reduction measures for portions of the Pacific coast
groundfish fishery. These proposed measures are consistent with the
authority provided through the Magnuson-Stevens Act section 303(a)(11)
for conservation and management measures that, to the extent
practicable, minimize bycatch; and with the authority provided at MSA
section 303(b)(4) for measures that allow for prohibiting, limiting,
conditioning, or requiring use of specified types of fishing gear. The
framework for gear definitions and restrictions is described in the
Pacific Coast Groundfish Fishery Management Plan (PCGFMP) in Section
6.6, which notes that gear definitions
[[Page 5409]]
and restrictions may be revised through a rulemaking process.
Additionally, section 6.10.3 of the PCGFMP authorizes gear
identification requirements, and provides that these requirements may
be modified as necessary in Federal regulations. This rulemaking will
consist of new mandatory requirements and voluntary measures and is
proposed to be promulgated pursuant to the Magnuson-Stevens Act Section
303(c) and 304(b)(1)(A). The intent of the gear marking requirements
for buoys and portions of lines is to increase the likelihood of
attributing entanglements to a specific fishery. The intent of the risk
reduction measures is to reduce bycatch by decreasing the likelihood of
marine animal entanglements with fishing line. NMFS is proposing this
rulemaking, in part, in response to increased rates of entanglement of
humpback whales with Pacific coast fishing gear since 2014. This
proposed rule also clarifies requirements regarding the position of
escape panels on pot gear to prevent the escape panel from being on the
bottom of the pot and promote similarity in escape panel requirements
with Federal groundfish pot fisheries off Alaska. This rulemaking also
proposes clarifications in longline regulations throughout 50 CFR part
660 for consistency with Council recommendations proposed in this
rulemaking.
This proposed rule is based on the Council's final recommendations
for gear marking and entanglement risk reduction made at its June 2024
meeting in San Diego, CA. In developing the recommended measures, the
Council considered the results of a 2022 workshop with the groundfish
fishing industry, ``Improving Gear Marking in the U.S. West Coast
Sablefish Pot Fishery'', as well as reports from its advisory bodies
and public testimony.
Pursuant to MSA section 303(c)(2), the Council deemed the proposed
regulations necessary and appropriate to implement these actions in a
December 20, 2024, letter from Council Executive Director, Merrick
Burden, to Regional Administrator Jennifer Quan. The proposed
modifications to the regulations implementing the PCGFMP are consistent
with the authority provided in the PCGFMP sections 6.6 and 6.10.3 for
gear restrictions being described in regulation. We are seeking
comments regarding whether vessel identification may be more legible on
buoys compared to gear-specific tags, and, if more legible on buoys,
whether there are logistical difficulties with painting or writing the
vessel identification on each buoy. We also seek comments regarding the
proposed information collection and the accuracy of our burden hour and
cost estimates.
A. The Needs and Scope of This Rulemaking
Marine mammals and turtles are known to become entangled in fishing
gear, which can impede foraging or cause serious injury or death to the
entangled animal. Though relatively rare, the marine species most often
observed entangled in the Pacific Coast groundfish fishery is humpback
whales (Megaptera novaeangliae). For this reason, we expect measures in
this proposed rule to be most likely to have a positive effect on
humpback whales, and therefore discuss this species in greater detail.
In recent years since 2014, total instances of entanglement of humpback
whales, including both listed under the Endangered Species Act (ESA)
and non-ESA listed, in fishing gear (or presumed fishing gear) off the
U.S. west coast have increased compared to prior years. From 2005-2013
the average number of confirmed entanglements was less than four
humpback whales per year. From 2014-2023, there were 223 total
confirmed entanglements of humpback whales, an average of over 22 per
year. Of those more recent entanglements, in only approximately 48
percent of instances was the fishing gear able to be identified to type
and/or attributed to the fishery that was the source of the entangling
gear. To continue development of measures that are effective at
reducing risk of entanglements, NMFS needs to be able to identify which
gear types are entangling protected species. Using this information,
NMFS can develop appropriate fishery management actions in federally
managed fisheries to mitigate risk of entanglement for protected
species.
Harvesters in a variety of West Coast fisheries use fishing gears
that pose a risk of entanglement to protected species, including both
ESA and non-ESA listed species. In the commercial groundfish fisheries
off the coasts of Washington, Oregon and California use fishing gears
known to entangle humpback whales, and fish in areas that overlap with
humpback whale habitat. Specifically, between 2011 and 2023, there are
five known entanglements of humpback whales with sablefish pot gear.
Also, within the groundfish fishery, vessels that use bottom longline
gear employ surface gear with buoys that also pose risks of entangling
protected species. This proposed rule would require gear-specific
marking for non-tribal commercial pot and bottom longline gears (as
defined at Sec. 660.11) (collectively referred to hereafter as fixed
gear) that are used to harvest Pacific coast groundfish. The goal of
this rulemaking is to enable NMFS, during an evaluation of available
evidence regarding the source of an entanglement, to either attribute
entanglements to bottom longline or pot gear used in the groundfish
fishery, or eliminate the groundfish fixed gear fishery as the probable
source.
Sablefish pot gear is fished similarly to bottom longline gear;
they target similar species in similar times and areas, sometimes on
the same trips. When deployed, both are anchored to the bottom, marked
at the surface with attached buoys, and often left to sit unattended to
catch the target species. Because of their similarity, both gear types
could pose a risk of entangling protected species.
Sablefish pot gear is usually fished as a series of baited pots.
Multiple pots are attached to a heavy-duty rope (hereafter referred to
as the groundline). The series of baited pots attached to the
groundline (hereafter string of pots) sits on the seafloor for a period
of time and attracts and entraps the target species. The string of pots
is deployed and retrieved by the fishing vessels using one or more
ropes (hereafter referred to as lines) that attach to each end of the
string of pots and extend upwards through the water column to the
surface (this line is referred to as the vertical line). The vertical
line is attached to one or more buoys that float at the surface. The
buoys are used to mark the terminal end(s) of the string of pots so
that the location is known by other vessel traffic, and so that the
vessel operator can effectively retrieve the gear after it sits for 1-7
days to attract and catch the target species (also called soak, or soak
time). Pots may be rigid or collapsible, but both types are required to
be fitted with escape panels of a specified minimum size. These escape
panels are designed to deteriorate relatively quickly to prevent the
pot from entrapping fish indefinitely if the pot is lost at sea. Pot
gear generally has a longer soak time than bottom longline, increasing
the relative risk of entanglement due to the amount of time the gear is
unattended in the water. In addition, pots pose a greater risk of
serious injury or mortality when entangling protected species because
they are heavier.
Bottom longline gear is comprised of an anchored groundline with
multiple hooks attached so as to fish horizontally along the bottom.
Similar to strings of pots, as described above, bottom longline employs
vertical lines at each terminal end of the groundline with
[[Page 5410]]
surface buoys that identify the location of the gear for other vessel
traffic and enable fishing vessels to effectively retrieve their gear.
Bottom longlines are generally left to soak for 2-48 hours. Longer soak
times are not practical because the gear is lighter and is more easily
moved by ocean currents over time compared to strings of pot gear, and
predators or scavengers can damage or destroy the hooked target
species. Vertical lines and surface buoys pose a risk of entanglement
while the gear is soaking. Also, if marine mammals were to depredate on
the target species hooked on the line, there is a heightened risk that
the animal may become entangled in the groundline or vertical line.
B. Gear Marking and Risk Reduction Development Process
In 2020, NMFS issued a biological opinion evaluating the effects of
the groundfish fishery on ESA-listed humpback whales in the groundfish
fishery. The mandatory terms and conditions from the incidental take
statement in that opinion required NMFS and the Council to investigate
the feasibility of implementing additional pot gear marking
requirements in the groundfish fishery. A virtual online workshop was
hosted by Oregon Sea Grant on November 16, 2022 to discuss feasibility
of gear marking and risk reduction measures. A summary of the results
of that workshop was reviewed by the Council at its March 2023 meeting
and further scoping was scheduled for June 2023. At its June 2023
meeting, the Council considered the similarities of pot and bottom
longline gears and the groundfish fisheries that use that gear, and the
March 2023 recommendations from NMFS, and expanded the scope of gear
marking to include bottom longline gear in addition to pot gear. Then
the Council adopted a purpose and need statement and a preliminary
range of alternatives at its September 2023 meeting. At its March 2024
meeting, the Council refined the range of alternatives and adopted a
preliminary preferred alternative for gear marking and entanglement
risk reduction measures. At its June 2024 meeting in San Diego, CA the
Council recommended its final preferred gear marking and entanglement
risk reduction measures, which are the subject of this proposed rule.
II. Gear Marking
This rulemaking proposes new requirements in the Pacific Coast
groundfish fishery for marking all buoys and the top 20 fathoms (fm)
(120 feet or 37 meters) of the vertical line used with pot or bottom
longline gear. For the first 3 years after the initial effective date
of these requirements, temporary marking methods may be used to satisfy
the line marking requirements, and thereafter the top 20 fm (37 m) of
vertical line must be line manufactured in the designated color
schemes. The Council has recommended and NMFS is proposing to require
new gear marking requirements for both pot and bottom longline gears
used in the groundfish fishery. This will result in two color-coded
schemes of gear marking; one for groundfish pot gear and one for
groundfish bottom longline gear.
A. New Requirements for Marking Buoys
Buoys have been documented in approximately two-thirds of all
humpback whale entanglement reports, however only about one-third of
those buoys had visible and legible marking that could be used to
facilitate gear identification. Additionally, in entanglements
positively attributed to pot gears in general, it is relatively rare
for no buoy to be present. Therefore, the Council recommended gear-
specific buoy tags be attached to each surface buoy, with vessel
identification information. NMFS proposes, and the Council has deemed
consistent with their recommendations, gear-specific buoy tags be
attached to each surface buoy and that each buoy have vessel
identification, either on the buoy itself or on the tag. The Council's
Enforcement Consultants recommended that every buoy tag be engraved,
etched, or stamped with a legible vessel identification number; the
same identifying number(s) specified in existing vessel identification
requirements. Therefore, NMFS is proposing that each tag must have a
physical indentation and a contrasting color. NMFS proposes buoy tags
on every surface buoy in a gear-specific color (table 1), with a
double-sided gear specific shape marked on it, ``P'' for pot and ``L''
for bottom longline, and that the vessel identification number be
marked on the tag or on the buoy. NMFS is not proposing gear-specific
tag shapes, as described below. Tags will be required on every buoy
because it is possible that not all buoys would remain connected if the
surface gear were to become entangled. Fixed gears that are the subject
of this rulemaking are currently required to have vessel identification
on at least one buoy in its surface gear, per 50 CFR 660.219 and 319.
Table 1--Proposed Two-Color Line Marking Schemes for Bottom Longline and Pot Gears
----------------------------------------------------------------------------------------------------------------
Core color (may be
Groundfish gear type Color A & tag color Color B visible on some line
types)
----------------------------------------------------------------------------------------------------------------
Bottom Longline...................... Brown.................. Blue................... White.
Pot.................................. Orange................. Blue................... White.
----------------------------------------------------------------------------------------------------------------
The Council considered gear-specific marks/shapes on the buoys
themselves, but it was not recommended because surface lines and buoys
are often used to float multiple gear types in a fishing vessel's
portfolio of target species. As a result, a vessel may fish multiple
gear types and in multiple fisheries, including groundfish, on the same
trip. Fishery and gear-specific marks on buoys would require
duplicative gear set-ups be on board the vessel. Due to the limitations
on storage space, and reductions in harvest efficiencies to require
separate trips, it would be impractical to require fishery and/or gear-
specific marks on the buoys themselves. Instead, the Council
recommended tags be attached to the buoys, which would achieve the same
purpose of allowing NMFS to identify gear involved in an entanglement.
NMFS proposes that tags with vessel identification be attached to each
and every surface buoy with a gear-specific color and engraved shape
for any pot or bottom longline gear that is deployed in the groundfish
fishery. Tags would be required to be made of a material that is
durable in ultraviolet and saltwater conditions, such that it retains
its general shape and color over time. Tags may be similar to those
used to mark cattle on their ears. Buoy tags were recommended because
they can be swapped out so that the surface gear set up, including the
large buoys used with groundfish gear, can be used to float different
gear types. This method would
[[Page 5411]]
allow vessel operators to use the appropriate gear-specific buoy tags
when needed without having to purchase and carry or store double or
triple the number of buoys. A vessel would be required to have
compliant tags ready for attaching to each buoy on board the vessel
during a trip for which they have declared pot or bottom longline
groundfish fishing.
During development of this proposed rule, NMFS' research indicated
that there are limited vendors offering the ability to customize
engraved tags beyond sequential numbering. Therefore, ordering tags
from the manufacturer with vessel identification and gear-specific mark
could be challenging, which could force vessel operators to do their
own engraving to comply with new rules. This could be a greater time
burden than what NMFS has estimated. Also, most vendors have limited
tag shapes, and therefore we are not proposing to require a specific
tag shape, but a gear-specific color and mark instead. NMFS is seeking
public comment for the proposal to allow vessel identification (e.g.
U.S. Coast Guard number) on either a gear-specific tag or on the buoy
itself. NMFS notes that if only the gear-specific mark (i.e., ``P'' or
``L'') were required on the tag, stags could be potentially purchased
in bulk quantities, potentially reducing the cost per tag. NMFS also
seeks public comment on whether the vessel identification information
would be easier to maintain if it was required to be painted on every
buoy or required to be engraved on the gear-specific tag attached to
every buoy. NMFS notes that we are not proposing to modify the
requirement that at least one buoy has the vessel identification
legibly marked on it, per current regulations at 50 CFR 660.219 and
319.
New buoy marking requirements in this proposed rule are expected to
not only facilitate identification of sablefish pot and groundfish
bottom longline gears in an entanglement (positive attribution), but
also to enable a determination that unmarked buoys associated with
future entanglements would be unlikely to originate from the groundfish
fixed gear fishery (negative attribution).
Therefore, the Council recommended and NMFS is proposing to require
gear specific tags attached to each buoy with vessel identification
when bottom longline and pot gear is deployed in the subject fisheries.
When gear is on board the vessel, appropriately marked and colored tags
should be on board the vessel and ready to be attached and/or presented
to an authorized officer upon request.
B. New Requirements for Marking Lines
Lines have been documented in a majority of entanglements.
Available data for known pot gear entanglements suggest that the line
involved is most often the surface line and the top 5 fm (2 m) of
vertical line. Fixed gears that are the subject of this rulemaking are
not currently subject to any line marking requirements.
NMFS proposes requiring two-color, gear-specific color schemes for
marking each vertical line deployed in the commercial limited entry and
directed open access groundfish fishery for vessels using pot and
bottom longline gears. NMFS is proposing that lines must be marked in
the specified colors by the manufacturer, with strands in each color,
except that temporary methods of marking with the same colors would be
allowed for 3 years after the effective date of the final rule.
Length or Distance of Line Marking
NMFS proposes that at least the top 20 fm (37 m) of vertical line
be continuously marked. This distance of marking was chosen to balance
improved likelihood of entangled gear being the portion of the line
that was marked, while also keeping the cost to industry low. Most
vessels using fixed gear in the groundfish fishery deploy between two
to eight sets of gear per trip in depths up to 600 fathoms (182 m),
with two vertical lines per set. Requiring the entire length of
vertical lines to be marked would be expensive with manufactured line
and time-consuming with temporary marks because of the deep depths
fished, and would be expected to provide little incremental increase in
likelihood of gear identification because it is relatively uncommon for
the bottom of the line or for more than 50 fathoms of line to be
present in an entanglement. Additionally, requiring marking of more
than the top 20 fm (37m) of vertical line would likely require
retrieval of the gear and disruption of fishing to provide enforcement
agents the necessary evidence of a vessel's compliance with new gear
marking requirements when the gear is deployed.
Methods of Marking and Implementation Timeline
The Council considered the most efficient solutions to maximize
compliance with new line marking requirements. Manufactured line in
specified color schemes is expected to have the greatest longevity.
However, some operators may have difficulties in procuring manufactured
line. To increase equity among fishery participants in complying with
line marking requirements in a timely manner, the Council recommended a
robust temporary marking scheme that requires continuous, alternating
bands of the same colors specified for manufactured line for each gear
type on at least the top 20 fm (37 m) of the vertical line. Temporary
marking is expected to result in giving operators that face
difficulties in procuring manufactured line for any reason time to
comply with this proposed rule while still ensuring that the purpose of
the rule to improve gear identification in entanglements is still
achieved. Alternating marks would consist of colored rope sections that
result in a continuous, alternating two-color scheme for each
groundfish fixed gear type, as detailed in table 1 below. Each colored
band for temporary marks would be required to be greater than 18 inches
to 28 inches (46 centimeters to 71 centimeters) of linear rope length.
Presence of any color rope, besides white, other than the color scheme
shown in table 1 in the top 20 fm (37 m) of the vertical line would be
prohibited for vessels fishing for groundfish with these gear types in
the limited entry and directed open access groundfish fisheries. NMFS
acknowledges that some types of manufactured line are not 100 percent
customizable, e.g., they have an inner core color that is necessary and
shows through on the outer surface of the line. This core is usually
white.
In order to give fishery operators flexibility in complying with
this requirement, NMFS is not including in the proposed rule a method
or material for applying temporary marks in the first 3 years after the
final rule is effective, but in the development of this action the
Council discussed multiple ways to achieve the required marking scheme,
such as paint or colored tape.
The Council acknowledged the superiority of using manufactured line
for gear marking schemes, due to greater consistency and durability in
the colors. However, the Council recommended a 3-year allowance for
temporary marking methods to be used on existing vertical lines in
order to allow operators to defer the cost of line replacement while
still complying with the new marking requirements; delay purchasing new
manufactured line until their normal line replacement time if that
occurs during the 3-year transition period, which could reduce the
amount of line in good condition that must be discarded; and/or have an
alternative line marking option in case manufactured line in the
required color scheme is not available during the first several years
of the new marking
[[Page 5412]]
requirements. NMFS is proposing a 3-year allowance for temporary line
markings because it is expected to allow more equitable gear marking
expenses for small operators with low profit margins, reduce waste of
usable line, and mitigate for potential disruptions in availability of
manufactured line.
Manufactured line can be ordered by the coil; a standard coil is
1200 ft (365.8 meters) and costs approximately $200-$500, and custom
colors are available at no additional cost. Some manufacturers offer
different size coils. Manufactured line may be used to satisfy the
marking requirements for groundfish pot and bottom longline gears
immediately upon the effective date of a final rule, which NMFS is
proposing to be effective January 1, 2026. Manufactured line would be
the only compliant marking method beginning 3 years from the effective
date of a final rule. Under the proposed rule, manufactured line used
in the groundfish fishery for pot or longline gears must have at least
the top 20 fm (37 m) consisting of only the two gear-specific colors A
and B specified in table 1. Both colors must be used; NMFS recommends
that at least one-third of the strands in the rope be one color and all
the other strands be the other color required in the gear-specific two-
color scheme. Presence of a third color, besides white, is prohibited
in the top 20 fm (37 m) to reduce the likelihood of mistaken gear
identification for gear that is observed entangled on marine animals.
NMFS seeks public comment on the cost estimates for line and these
requirements and recommendations.
C. Summary of Proposed Gear Marking Requirements
Therefore, the Council recommended and NMFS is proposing a
requirement for vessels to use fishing gear with the following gear-
specific marking schemes (summarized in table 2). The gear marking
requirements in this proposed rule would apply to vessels fishing in
the limited entry or directed open access groundfish fisheries with
bottom longline or pot gear.
Consistent with the Council recommendations, NMFS is proposing that
all buoys deployed on limited entry or directed open access groundfish
pot surface gear must have gear-specific orange tags attached with a
``P'' engraved on them in a contrasting color and that every buoy or
buoy tag has the vessel identification number on them. Buoys deployed
on limited entry or directed open access groundfish bottom longline
surface gear would be required to have brown tags attached with an
``L'' engraved on them in a contrasting color and every buoy or buoy
tag would be required to have the vessel identification number on them.
Before leaving port on a trip where the vessel is intending to fish
groundfish, the vessel would be required to have buoy tags of the
appropriate color, and marking on board. There would have be enough
tags for each buoy, and they must be ready to attach to each buoy
before the gear is deployed. The declaration registered for a vessel
under the vessel monitoring system, at the time of the inspection by an
authorized agent, will determine applicability of gear marking
requirements.
The Council recommended and NMFS is proposing that at least the top
20 fm (37 m) of vertical line used to deploy bottom longline or pot
gear in the limited entry or directed open access fishery to be
continuously marked. Bottom longline vertical lines would be required
to be continuously marked in brown and blue. Pot gear vertical lines
would be required to be continuously marked in orange and blue. Both
colors must be used; manufactured lines should be at least \1/3\ of
strands in one color and all remaining strands in the other color, with
any other color besides white prohibited in the top 20 fm (37 m).
Temporarily marked lines would be required to be gear-specific, two-
color alternating, continuous bands between 18-28 inches (46-71 cm)
each for a minimum of 20 fm (37 m) at the top of the vertical line.
The Council recommended and NMFS is proposing that manufactured
line, and only manufactured line, be used to mark vertical lines for
the subject gears and fisheries, beginning three years after
implementation of the gear marking requirements described in this
proposed rule, which is expected to be January 1, 2029. In other words,
temporary markings will no longer satisfy line marking requirements
after three years, expected to be December 31, 2028.
Table 2--Summary Table of All Proposed Gear Marking and Vessel
Identification (ID) Requirements for the Limited Entry (LE) and Directed
Open Access (DOA) Groundfish Fixed Gear Fisheries
------------------------------------------------------------------------
Portion of gear Marking Marking details
------------------------------------------------------------------------
Buoy--Pot (LE or DOA), when Orange tag with at Tags must be
deployed. least 1\3/4\ inch securely attached
tall letter ``P'' to each buoy. Tags
engraved in a for any other
contrasting color; fishery must be
vessel ID on tag or removed.
buoy.
Buoy--Bottom Longline (LE or Brown tag with at Tags must be
DOA), when deployed. least 1\3/4\ inch securely attached
tall letter ``L'' to each buoy. Tags
engraved in a for any other
contrasting color; fishery must be
vessel ID on tag or removed.
buoy.
Buoy--Pot, On Board the Orange tag with at Tags must be ready
Vessel \1\ (LE or DOA). least 1\3/4\ inch to securely attach
tall letter ``P'' to each buoy and
engraved in a presented to
contrasting color authorized officer
are on board the upon request.
vessel; vessel ID
on tag or buoy.
Buoy--Bottom Longline, On Brown tag with at Tags must be ready
Board the Vessel \1\ (LE or least 1\3/4\ inch to securely attach
DOA). tall letter ``L'' to each buoy and
engraved in a presented to
contrasting color authorized officer
are on board the upon request.
vessel; vessel ID
on tag or buoy.
Vertical line(s)--Pot, At least the top 20 Colors other than
Manufactured (LE or DOA). fm is orange and orange and blue are
blue manufactured prohibited on the
line \2\. top 20 fm.
Vertical line(s)--Bottom At least the top 20 Colors other than
Longline, Manufactured (LE fm is brown and brown and blue are
or DOA). blue manufactured prohibited on the
line \2\. top 20 fm.
Vertical line(s)--Pot, At least the top 20 Visible line in any
Temporary (LE or DOA). fm continuously other color is
marked in prohibited in the
alternating orange top 20 fm.
and blue. Each Compliant temporary
color segment markings only
should be between satisfy marking
18 and 28 inches requirements for 3
long. years from the
effective date of
the final rule.
[[Page 5413]]
Vertical line(s)--Bottom At least the top 20 Visible line in any
Longline, Temporary (LE or fm continuously other color is
DOA). marked in prohibited in the
alternating brown top 20 fm.
and blue. Each Compliant temporary
color segment markings only
should be between satisfy marking
18 and 28 inches requirements for 3
long. years from the
effective date of
this final rule.
------------------------------------------------------------------------
\1\ NMFS recommends at least \1/3\ in one color and the remainder in the
other color.
\2\ Vessel declaration includes fishing groundfish with either pot or
bottom longline gear.
III. Entanglement Risk Reduction
This section describes proposed voluntary and required management
measures used to reduce risk of entanglement of protected species and
reduce bycatch. These measures affect the same groups of fishermen
subject to gear marking requirements described above that use bottom
longline or pot gear in directed groundfish fisheries.
Fishing lines on or near the surface generally poses a higher risk
of entanglement compared to fishing gear at deeper depths or on the
bottom. Therefore, measures are being proposed that could reduce risk
of entanglement with the surface and vertical lines in groundfish pot
and bottom longline gears.
For these reasons, the Council recommended and NMFS is proposing to
modify the requirement that fixed gear be marked at the surface at both
terminal ends, and proposing to limit the amount of surface line
connecting buoys.
A. Reducing Surface Gear Requirements
Current regulations at Sec. Sec. 660.219 and 660.319 require that
pot and bottom longline gear be marked at both terminal ends with
vertical lines and buoys. As noted above, vertical lines and surface
gear both pose a risk of entanglement to protected species. Therefore,
allowing vessels to reduce the number of lines in the water may reduce
risk of entanglement. The proposed rule would modify the requirement
that pot and bottom longline gear be marked at both terminal ends,
allowing for the option to mark only one terminal end. This proposed
rule would allow vessel operators to use a vertical line and surface
gear at one or both ends of their gear, at their own discretion.
For these reasons, the Council recommended and NMFS is proposing to
modify the requirement that fixed gear be marked at the surface at both
terminal ends. Gear would be required to be marked at the surface on at
least one terminal end, with a pole, flag, light, radar reflector and a
buoy that is marked with vessel identification, per current regulations
at Sec. Sec. 660.219 and 660.319.
B. Limiting Surface Line
Surface gear consists of the buoys and the line between them.
Surface gear marks the location of the terminal end(s) of strings of
pots and longline gear sets and serves as the primary mechanism for
retrieving gear. Often, most of the buoys are floating at or near the
surface and are spaced along the surface line so as to absorb changes
in ocean conditions while the gear is actively fishing. Overall, more
line (vertical line plus surface line) needs to be deployed than simply
the depth of the water at the location the gear is set. Wind and tidal
changes vary the depth of the water where the gear is set. Surface
lines need to have enough slack to adjust to these changes in ocean
conditions so the buoys are not submerged completely.
If there is more vertical line or surface gear than is necessary
for marking and retrieval of the gear, the excess line poses increased
risk of entanglement with no tangible benefit to fishermen. Restricting
the maximum length of surface gear, measured from the first buoy (or
the high flyer) to the last buoy (main buoy), will prohibit excess
surface line and reduce risk of entanglement and bycatch of protected
species. In public testimony at Council meetings, groundfish fixed gear
fishermen who participated said that about 50 ft (15 m) or less of
surface line was enough to allow set gear to maintain surface marking
buoy(s) with minimal slack line, depending on the depth and location of
the set. Surface line restrictions that are too short could cause buoys
to fully submerge in certain conditions, rendering the set temporarily
or permanently lost. To balance the desire to reduce slack line on the
water, while allowing enough line so that gear is not lost with strong
tides and currents, the Council recommended a limit for surface line
that is 3 meters longer than what some fishermen said was their typical
maximum amount of line.
The Council also considered requiring line marking on the surface
line. However, for the same reason gear-specific marks on buoys was not
feasible, the Council did not recommend gear-specific surface line
marking to allow operational flexibilities when a vessel uses the same
surface set up to float multiple gear types or in multiple fisheries.
For these reasons, the Council recommended and NMFS is proposing to
limit the amount of surface line that may be used between the first and
last buoys to 60 ft, or 10 fm (18 m) for every surface gear set up used
for groundfish pot and bottom longline gear.
IV. Additional Regulation Changes
Beyond the gear marking and risk reduction measures described
above, this proposed rule also includes two additional changes. Pot and
trap gears are fitted with a required panel (at Sec. Sec. 660.230(b)
and 660.330(b)) that, if the gear were lost, would biodegrade to create
an opening of specified dimensions so that the pot does not perpetually
entrap animals. This mechanism is referred to as an escape panel, and
is accomplished with an untreated cotton twine that is 100 percent
biodegradable. When the twine decomposes the pot has an opening that
allows animals inside the pot to escape. The Council considered
recommendations of its enforcement consultants to amend pot gear
configuration regulations to prohibit pots from having the escape panel
on the bottom, which would align regulations more closely with those in
effect off the coast of Alaska pertaining to escape panel placement.
The enforcement consultants posited that if an escape panel was on the
bottom of the pot, resting on the seafloor, the pot would still not
open as it biodegrades and animals would continue to be trapped if the
pot is lost. Current groundfish regulations give no specificity about
the placement of the escape panel. Therefore, the Council recommended
and NMFS is prohibiting escape panels from being positioned on
[[Page 5414]]
the bottom of pot, similar to regulations off the coast of Alaska. The
Council also acknowledged that collapsible pots, a type of pot that is
allowed in the subject fisheries, do not have a ``bottom'' like
conventional pots, and would need an exception from this requirement to
accommodate this difference in gear configurations.
Additionally, the enforcement consultants and industry recommended
that the cotton biodegradable maximum twine size (preventing it from
being too thick and biodegrading too slowly) for the Pacific coast
groundfish fishery be modified to be the same maximum twine size as
required for vessels fishing off the coast of Alaska (i.e., the North
Pacific). Currently, cotton twine for the escape panel used for Pacific
coast groundfish can be no larger than number 21. In North Pacific
fisheries, the cotton twine size to attach the escape panel can be no
larger than number 30, a slightly thicker twine than is currently
allowed off Washington, Oregon, and California. Some fishermen use the
same pots to fish in both regions, and current rules mean that
compliant pots used in Alaska (e.g., number 30 twine) are not compliant
if used off the coasts of Washington, Oregon, and California because
the twine exceeds the maximum twine size of number 21. Twine on the pot
escape panels can be replaced to be size-compliant when a vessel moves
operations, but there is a cost to doing so. To reduce regulatory
complexity and to make pot fishing operations more efficient when
harvesting with pots in both regions, the Council considered changes to
align maximum untreated cotton twine size between the North Pacific and
the Pacific coast fisheries. Some studies show that thicker twine
degrades more slowly than thinner twine, but other studies have shown
that manufacturing methods and brand of material has a greater
influence on degradation time than thickness. Therefore, it is possible
that allowing thicker twine in the Pacific coast groundfish fishery
could prolong the time lost pot gear has a closed escape panel.
However, number 30 twine is only approximately 0.3 mm bigger than
number 21 twine, and is the maximum twine size off the coast of Alaska
and no concerns have been identified in its degradation time. The
overall effect of the change is likely negligible, given the very low
rates of gear loss in this Pacific coast groundfish fishery.
For these reasons, the Council recommended and NMFS is proposing in
this rulemaking to revise regulations to ensure that escape panels on
pot gear are not positioned on the bottom of the pot, and change the
maximum untreated cotton twine size for closing escape panels from
``not to exceed number 21'' to ``not to exceed number 30.''
Also in this proposed rule, NMFS is proposing, technical changes to
50 CFR part 660 to revise relevant regulations regarding longline and
bottom longline gears to clarify key gear terminology, so that it is
clear exactly what type of longline gear is affected by this proposed
rule. Multiple different gear configurations could be considered to be
longline across multiple fisheries, however, not all longlines are
considered the type of longline gear used in the groundfish fishery and
defined in groundfish regulations. In the definition of fixed gear at
Sec. 660.11, longline is described as an anchored hook-and-line gear
type that is separate and distinct from stationary hook-and-line and
vertical hook-and-line. This definition precludes trolled or floating,
horizontal longline from being considered longline in the context of
fixed gear. Under this definition, longline means bottom longline gear,
which is also defined at Sec. 660.11. Currently, in the limited entry
fixed gear fishery the only configuration of longline gear that may be
used to harvest quotas associated with a longline-endorsed permit is
one that meets the definition of bottom longline. However, in most
instances throughout groundfish regulations the word ``bottom'' to
describe the configuration of groundfish longline gear has been
inadvertently omitted. Therefore, NMFS proposes to replace ``longline''
with ``bottom longline'' in the definition of ``fixed gear'' at Sec.
660.11, throughout regulations pertaining to gear endorsements for
limited entry permits at Sec. 660.25, and throughout limited entry
fixed gear and open access commercial groundfish regulations, where
applicable.
These regulation changes have been deemed by the Council as
consistent with their recommendations implemented in this proposed
rule.
V. Classification
Pursuant to sections 303(c)(2) 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 Fishery
Management Plan, other provisions of the Magnuson-Stevens Act, and
other applicable law, subject to further consideration after public
comment.
This proposed rule has been determined to be not significant for
the purposes of Executive Order 12866.
NMFS prepared an analysis for this action, which address the
statutory requirements of the Magnuson-Stevens Act, 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="https://www.pcouncil.org">https://www.pcouncil.org</a>.
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 the regulatory revisions
in this proposed rule based on its assessment of the net benefits to
the Nation of these measures.
Regulatory Flexibility Act (RFA)
An initial regulatory flexibility analysis (IRFA) was prepared, as
required by section 603 of the RFA. The IRFA describes the economic
impact this proposed rule, if adopted, would have on small entities. A
description of the action, why it is being considered, and the legal
basis for this action are contained at the beginning of this section in
the preamble and in the SUMMARY section of the preamble. A summary of
the analysis follows. A copy of this analysis is available from the
Council (see ADDRESSES).
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 (50 CFR 200.2; 13
CFR 121.201).
All commercial groundfish participants that use bottom longline or
pot gears in the limited entry or directed open access fisheries in the
EEZ off Washington, Oregon, and California, which are managed under the
Groundfish FMP, may be affected by this proposed rule. The proposed
gear marking and entanglement risk reduction measures would require the
[[Page 5415]]
specified gear marking and surface line limitation described in this
rule for non-tribal commercial vessels deploying either gear type.
Examples of gears that would not be affected by this rule include
select non-trawl gear types (troll gear and commercial vertical hook-
and-line gear not anchored to the bottom, such as vertical jig gear or
rod-and-reel gear with weights suspended off the bottom).
These proposed prohibitions for using unmarked bottom longline or
pot gears would impact all vessels operating in the limited entry fixed
gear fishery, gear switchers in the Shorebased Individual Fishing Quota
Program (collectively limited entry), and the directed open access
fishery using the subject gear types. The proposed marking measures
would prohibit using gear marked for other gear types or for other
fisheries while vessels are participating in the directed open access
and limited entry groundfish fisheries. The proposed entanglement risk
reduction measures would prohibit having more than 10 fm (18 m) of line
in the surface set up that connects surface buoys. The measures would
also allow vessels to use one buoy line instead of being required to
use two. In general, implementation of gear marking requirements is
expected to lead to improvements to positive or negative attributions
to gears and fishery sectors when entanglements occur, which would
provide NMFS the ability to target management measures more narrowly
and effectively, which may have the potential reduce negative economic
impacts of broader measures to reduce entanglements in the future.
From 2019-2023, there were 606 unique vessels that utilized pot or
longline gear in the limited entry and directed open access fisheries,
with an annual average of 303 unique vessels per year. These vessels
are considered those that would be potentially affected by this action.
The majority of affected vessels participate in the directed open
access fishery. Limited entry nontrawl vessels mostly use bottom
longline gear, likely a result of the greater number of longline-
endorsed permits compared to pot-endorsed permits in the limited entry
fishery. As described in the analysis at section 3.6.2 of the IRFA, an
average of approximately 35 vessels utilize both gear types (bottom
longline and pot gear)--either within the same fishery sector (e.g.,
use both bottom longline and pot gear in the directed open access
fishery) or across groundfish fishery sectors (e.g., use bottom
longline in the limited entry fishery and pot gear in the directed open
access fishery). Also, some vessels harvest in multiple fisheries,
including groundfish, that are subject to gear marking requirements.
The costs of marking the subject gear in the limited entry and directed
open access groundfish fisheries are in addition to the costs
associated with marking fishing gear used in other fisheries. For
example, of the vessels that may be affected by this rulemaking, an
average of approximately 35 percent also participate in state-managed
Dungeness crab fisheries annually. Of those vessels, most of them are
participants in the directed open access fishery, which are typically
smaller operators than those in the limited entry fisheries. For the 5-
16 vessels that utilized both pot and bottom longline gear in the
groundfish fishery and also participate in Dungeness crab, that would
require an investment in at least three distinct sets of markings.
Cumulatively, increased operational costs to maintain markings for a
diverse portfolio of fishing opportunities could deter vessels from
pursuing their historical portfolio of fisheries, or entering these
fisheries in the future.
All directed open access vessels are assumed to be small entities,
with ex-vessel revenues for all landings (groundfish and non-
groundfish) averaging $85,601 in 2023. In 2023, 197 of the 223 limited
entry (bottom longline and/or pot gear endorsed) permits reported as
small entities. For limited entry gear switching vessels in the trawl
Shorebased Individual Fishing Quota program, of the ten that
participated in 2023, all reported as small entities.
Note that there is not a strict one-to one correlation between
vessels and entities, nor between permits and entities; therefore, some
persons or firms likely have ownership interests in more than one
vessel or permit. Therefore, the actual number of entities regulated by
this proposed action may be lower than the estimates presented here.
The proposed action may disproportionately affect small entities
compared to large entities given that the potential costs to implement
the proposed marking requirements may reduce profitability to a
relatively greater degree for small entities. The one-time cost to a
single entity or vessel from the gear marking requirements in this rule
is not likely to exceed $1,146 (two coils of manufactured line, plus
gear-specific tags for each buoy under the assumption that surface gear
would be on both ends of a string of gear). This maximum expected cost
is expected to represent less than 1.5 percent of the average ex-vessel
revenues for all landings (groundfish and non-groundfish) for small
entities. While the actual marking cost for a single groundfish sector
alone might not be significant, the cumulative impacts when combined
with gear marking requirements in other fisheries in which the same
entity participates (e.g., state-managed Dungeness crab) might be
disproportionately higher for individuals with exceptionally small
operations or low profit margins.
This action would apply to all entities that participate in limited
entry or directed open access groundfish fisheries using bottom
longline or pot gears, and the majority of those entities are
considered small entities. This action to require consistent marking
schemes on all of the subject gears in the directed groundfish fishery
is necessary to meet the purpose of this proposed action: to positively
or negatively attribute an entanglement to groundfish pot or bottom
longline gears. Other alternatives considered shorter distances for
line marking; however, there were substantive concerns that if less of
the vertical line is marked, the marked portion may not be visible and
readily identifiable in case of an entanglement. It is expected that at
least 20 fm (36.6 meters) of marked line and gear-specific buoy tags
for surface gear will be sufficient to improve the ability to identify
the fishery of origin in an entanglement, while preserving enough
operational flexibility so as to not place undue burden on the fleets.
Paperwork Reduction Act
This proposed rule contains a collection-of-information requirement
subject to review and approval by the Office of Management and Budget
(OMB) under the Paperwork Reduction Act (PRA). This rule revises an
existing collection with new requirements for fishermen using specific
gear types to harvest groundfish to disclose publicly what gear type
they are deploying by marking their gear with gear-specific tags
attached to buoys and at least the top 20 fm (37 m) of the vertical
line in a required color scheme (either temporarily marked in
continuous alternating-colored bands (will only apply for 3 years
following effective date of final rule) or manufactured with only the
two specific colors). Burden estimates for the existing collection,
which requires vessel identification on a buoy, are revised to update
the estimated number of affected entities with updated fishery
information and to adjust cost burden estimates for inflation. No
change in the minutes per response is proposed to the existing
collection. Public reporting burden for new gear marking requirements
that are
[[Page 5416]]
the subject of this proposed rule is estimated to average 5 hours per
year per individual response to gear marking requirements. Burden hour
estimates include the time for reviewing instructions, searching
equipment sources, gathering and maintaining the equipment needed, and
completing and maintaining the collection of information. The
collection of similar information was previously approved by the OMB
under OMB Control Number 0648-0352.
Public comment is sought regarding: whether this proposed
collection of information is necessary for the proper performance of
the functions of the agency, including whether the information shall
have practical utility; the accuracy of the burden estimate; ways to
enhance the quality, utility, and clarity of the information to be
collected; and ways to minimize the burden of the collection of
information, including through the use of automated collection
techniques or other forms of information technology. Submit comments on
these or any other aspects of the collection of information at <a href="https://www.reginfo.gov/public/do/PRAMain">https://www.reginfo.gov/public/do/PRAMain</a>.
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: January 21, 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. 1801 et seq., 16 U.S.C. 773 et seq., and
16 U.S.C. 7001 et seq.
0
2. Amend part 660 subparts C, E, and F by:
0
a. Removing the word ``Longline'' and adding in its place the words
``Bottom longline'' wherever it appears except where ``Bottom
longline'' already appears under paragraphs ``Fishing gear''(6)(i) and
660.711(a)(2);
0
b. Removing the word ``longline'' and adding in its place the words
``bottom longline'' wherever it appears, except where ``bottom
longline'' already appears under paragraphs 660.12(a)(15),
660.13(d)(4)(iv)(A)(21), 660.21(b)(1), 660.21(c)(1)(iii) and
(c)(2)(ii), 660.140(k)(1)(iv), 660.230(b)(5), 660.330(b)(2)(i).
0
3. Amend Sec. 660.11 as follows:
0
a. Amend the definition of ``Fishing gear'' by revising paragraph (5),
adding paragraphs (6)(i)(B), (C) and (D), and revising paragraph (10);
0
b. Amend the definition of ``Open access fishery'' by revising
paragraph (1).
The additions and revisions read as follows:
Sec. 660.11 General definitions.
* * * * *
Fishing gear * * *
(5) Fixed gear (anchored non-trawl gear) means the following gear
types: bottom longline, trap or pot, set net, and stationary hook-and-
line (including commercial vertical hook-and-line) gears. Limited entry
fixed gear is defined at Sec. 660.211.
(6) Hook-and-line * * *
(i) * * *
(B) Surface line means line at or near the water's surface that
connects the main buoy to any additional buoys.
(C) Vertical line means the line connecting the main buoy to the
groundline.
(D) Main buoy means the buoy closest to the groundline, attached to
the vertical line at or near the water's surface.
* * * * *
(10) Trap or pot See Sec. 600.10 of this chapter, definition of
``trap''. These terms are used as interchangeable synonyms.
(i) Surface line means line at or near the water's surface that
connects the main buoy to any additional buoys.
(ii) Vertical line means the line connecting a pot or groundline
attached to multiple pots to the main buoy.
(iii) Main buoy means the buoy closest to the fishing gear (pot or
groundline) and attached to the vertical line at or near the surface.
(iv) Collapsible pot means a cylindrical pot that is not rigid, and
can be collapsed for storage when not deployed, also called ``slinky
pots''.
* * * * *
Open access fishery * * *
(1) For the purpose of the non-trawl logbook requirements at Sec.
660.13, the provision to fish inside the nontrawl RCA at Sec.
660.330(b)(3), and the provisions for gear identification and gear
marking at Sec. 660.319, directed open access fishery means that a
fishing vessel is target fishing for groundfish under the requirements
of 50 CFR 660 subpart F, is only declared into an open access
groundfish gear type or sector as defined in Sec. 660.13(d)(4)(iv)(A),
and has not declared into any other gear type or sector.
* * * * *
0
4. In Sec. 660.12, revise paragraphs (a)(2) and (a)(9) to read as
follows:
Sec. 660.12 General groundfish prohibitions.
* * * * *
(a) * * *
(2) Falsify or fail to affix and maintain vessel and gear
identifications and markings as required by Sec. 660.20 or Sec.
660.219, subpart E or Sec. 660.319, subpart F.
* * * * *
(9) When requested or required by an authorized officer, refuse to
present fishing gear, including gear marking tags, for inspection,
refuse to present fish subject to such persons control for inspection;
or interfere with a fishing gear or marine animal or plant life
inspection.
* * * * *
0
5. In Sec. 660.20, revise paragraph (b) to read as follows:
Sec. 660.20 Vessel and gear identification.
* * * * *
(b) Gear identification. Gear identification requirements specific
to fisheries using fixed gear (limited entry and open access, as
defined at Sec. 660.11 of this subpart) are described at Sec.
660.219, subpart E and Sec. 660.319, subpart F.
0
6. In Sec. 660.25, revise paragraph (b)(4)(iv)(B)(2) to read as
follows:
Sec. 660.25 Permits.
* * * * *
(b) * * *
(4) * * *
(iv) * * *
(B) * * *
(2) a single trawl-endorsed limited entry permit and one bottom
longline-endorsed limited entry permit for use with a single vessel.
* * * * *
0
7. Revise Sec. 660.219 to read as follows:
Sec. 660.219 Fixed gear identification and marking.
(a) Gear identification.
(1) Limited entry fixed gear (bottom longline, trap or pot) as
defined at Sec. 660.211 must be marked at the surface and on at least
one terminal end, with a pole, flag, light, radar reflector, and a buoy
(i.e., gear may be marked at either both terminal ends or at one
terminal end).
[[Page 5417]]
(2) Any buoy used to mark limited entry fixed gear, as defined at
Sec. 660.11, subpart C,-must be marked with a legible number clearly
identifying the owner or operator of the vessel. This number must be
marked directly on at least one buoy deployed with the fishing gear;
all other buoys may have the number directly on the buoy or may have
the number included on tags attached to the buoy, as specified in
paragraph (b)(1) of this section. The number may be either:
(i) If required by applicable state law, the vessel's number, the
commercial fishing license number, or buoy brand number; or
(ii) The vessel documentation number issued by the USCG, or, for an
undocumented vessel, the vessel registration number issued by the
state.
(b) Gear marking. Bottom longline and trap or pot gear, as defined
at Sec. 660.11, used in the groundfish limited entry fisheries must
have gear-specific markings on any vertical lines (as defined at Sec.
660.11, subpart C) and all buoy(s). These gear-specific markings are in
addition to vessel identification requirements set out in paragraph (a)
of this section and applicable gear restrictions in Sec. 660.230.
(1) Buoy marking. All buoys attached to the surface line of the
subject gears in this paragraph must have a gear-specific durable tag
for each buoy. Each gear-specific buoy tag must be stamped or engraved,
where there is a physical indentation along with a contrasting color.
Prior to gear deployment, if the tags are not securely attached to each
buoy, tags for each buoy must be shown, upon request, to authorized
agents. On a trip where a vessel is declared to fish with the subject
gear, all buoys deployed with fishing gear are required to be marked
with a tag.
(i) Tags used to mark buoys attached to bottom longline gear must
be brown and large enough to accommodate a letter ``L'' engraved that
is at least 1\3/4\ inches (4.4 centimeters) in height.
(ii) Tags used to mark buoys attached to pot/trap gear must be
orange and large enough to accommodate a letter ``P'' engraved that is
at least 1\3/4\ inches (4.4 centimeters) in height.
(2) Vertical line marking. All vertical lines (as defined at Sec.
660.11) of the subject gears in this paragraph must have gear specific
marks. Marks must be continuous in at least the top 20 fm (37 m) of the
vertical line, measured from the main buoy down towards the groundline.
(i) Line manufactured in a gear specific color scheme must be used
for the marked portion of line. Lines must be both brown and blue for
use with bottom longline gear. Lines must be both orange and blue for
use with pot gear. At least one-third of strands in marked line should
be one of the gear-specific colors specified here, and the remainder of
the strands the other color. Presence of any third color, besides
white, is prohibited in the portion of the line required to be marked.
(ii) Until [DATE THREE YEARS AFTER THE EFFECTIVE DATE OF THE FINAL
RULE], the colors specified in Sec. 660.219(b)(2)(i) may be applied by
temporary methods such that the colors are clearly visible and in
continuous, alternating bands of 18-28 inches (46-71 cm) each, over the
entire portion of the line required to be marked in this paragraph.
0
8. In Sec. 660.230, revise paragraphs (b)(1) and (4) and add paragraph
(b)(7) to read as follows:
Sec. 660.230 Fixed gear fishery--management measures.
* * * * *
(b) * * *
(1) Bottom longline and pot or trap gear are authorized in the
limited entry fixed gear fishery, providing the gear complies with the
restrictions set forth in this section, and gear identification and
marking requirements described in Sec. 660.219 of this subpart.
* * * * *
(4) Traps or pots must have escape panels.
(i) General. Traps or pots must have escape panels constructed with
number 30 or smaller untreated cotton twine in such a manner that an
opening at least 8 inches (20.3 cm) in diameter that is parallel to,
and within 6 inches (15.2 cm) of the bottom of the pot, results when
the twine deteriorates.
(ii) Collapsible pots. A collapsible pot (defined at Sec. 660.11,
subpart C) is exempt from the placement requirements for escape panels
described in this section. Instead, a collapsible pot must have one of
the following:
(A) An escape panel placed anywhere on the mesh of the collapsible
pot, constructed with number 30 or smaller untreated cotton twine and
in such a manner that an opening at least 8 inches (20.3 cm) in
diameter results when the twine deteriorates.
(B) One door on the pot must measure at least 8 inches (20.3 cm) in
diameter and be attached with number 30 or smaller untreated cotton
thread.
* * * * *
(7) Surface line, defined at Sec. 660.11, subpart C, that is used
with bottom longline or pot gear may not exceed 10 fathoms (18.3 m) in
length, measured from the terminal end to the main buoy.
* * * * *
0
9. In Sec. 660.319, revise paragraphs (a) and (b) to read as follows:
Sec. 660.319 Open access fishery gear identification and marking.
(a) Gear identification.
(1) Open access fixed gear (bottom longline, trap or pot, set net
and stationary hook-and-line gear, including commercial vertical hook-
and-line gear) must be marked at the surface and at each terminal end,
with a pole, flag, light, radar reflector, and a buoy, except that in
the directed open access fishery (defined at Sec. 660.11), bottom
longline and pot gears may be marked at just one terminal end as
described in this paragraph (i.e. gear may be marked at either both
terminal ends or one terminal end).
(2) Open access commercial vertical hook-and-line gear that is
closely tended as defined at Sec. 660.311 of this subpart, may be
marked only with a single buoy of sufficient size to float the gear.
(3) A buoy used to mark fixed gear under paragraph (a)(1) or (a)(2)
of this section must be marked with a legible number clearly
identifying the owner or operator of the vessel. Any buoy used to mark
bottom longline or pot gear in the directed open access fishery must be
marked with a legible number clearly identifying the owner or operator
of the vessel. For these two gear types, the number must be marked
directly on at least one buoy used with surface gear, all other buoys
may have the number directly on the buoy or may have the number
included on gear marking tags attached to the buoy, as specified in
paragraph (b)(1) of this section. In all cases, the number may be
either:
(i) If required by applicable state law, the vessel's number, the
commercial fishing license number, or buoy brand number; or
(ii) The vessel documentation number issued by the USCG, or, for an
undocumented vessel, the vessel registration number issued by the
state.
(b) Gear marking. Bottom longline and pot gears used in the
directed open access fishery (defined at Sec. 660.11) must have gear-
specific markings on any vertical lines (as defined at Sec. 660.11,
subpart C) and all buoy(s). These gear-specific markings are in
addition to identification requirements set out in paragraph (a) of
this section and applicable gear restrictions set out in Sec. 660.330.
(1) All buoys attached to the surface line of the subject gears in
this paragraph must have a gear-specific durable tag for each buoy.
Each gear-
[[Page 5418]]
specific buoy tag must be stamped or engraved, where there is a
physical indentation along with a contrasting color. Prior to gear
deployment, if the tags are not securely attached to each buoy, tags
for each buoy must be shown, upon request, to authorized agents. On a
trip where a vessel is declared to fish with the subject gear, all
buoys are required to be marked with a tag.
(i) Tags used to mark buoys attached to bottom longline gear must
be brown and large enough to accommodate a letter ``L'' engraved that
is at least 1\3/4\ inches (4.4 cm) in height.
(ii) Tags used to mark buoys attached to pot/trap gear must be
orange and large enough to accommodate a letter ``P'' engraved that is
at least 1\3/4\ inches (4.4 cm) in height.
(2) All vertical lines (as defined at Sec. 660.11) of the subject
gears in this paragraph must have gear specific marks. Marks must be
continuous in at least the top 20 fm (37 m) of the vertical line,
measured from the main buoy down towards the groundline.
(i) Manufactured line in a gear specific color scheme must be used
for the marked portion of line. Lines must be both brown and blue for
use with bottom longline gear. Lines must be both orange and blue for
use with pot gear. At least one-third of strands in marked line should
be in one of the listed colors, and the remainder of the strands in the
other color. Presence of any third color, besides white, is prohibited
in the portion of the line required to be marked.
(ii) Until [date three years after the effective date of the final
rule], the colors specified in Sec. 660.319(b)(2)(i) may be applied by
temporary methods such that the colors are clearly visible and in
continuous, alternating bands of 18-28 inches (46-71 cm) each, over the
entire portion of the line required to be marked in this paragraph.
0
10. In Sec. 660.330, revise paragraphs (b) introductory text,
(b)(2)(i), and (b)(2)(iii) to read as follows:
Sec. 660.330 Open access fishery--management measures.
* * * * *
(b) Gear restrictions. Open access gear is defined at Sec. 660.11,
subpart C, and includes but is not limited to, bottom longline, trap or
pot, hook-and-line (fixed or mobile), setnet (anchored gillnet or
trammel net, which are permissible south of 38[deg] N lat. only), spear
and non-groundfish trawl gear (trawls used to target non-groundfish
species: pink shrimp or ridgeback prawns, and, south of Pt. Arena, CA
(38[deg]57.50' N lat.), California halibut or sea cucumbers).
Restrictions for gears used in the open access fisheries are as
follows:
* * * * *
(2) * * *
(i) Fixed gear. Fixed gear (bottom longline, trap or pot, set net
and stationary hook-and-line gear, including commercial vertical hook-
and-line gear) must be attended at least once every 7 days and is
subject to the vessel identification requirements described at Sec.
660.319 of this subpart. Vessels fishing with bottom longline and snap
gears as defined at Sec. 660.11, subpart C are subject to the
requirements of the Seabird Avoidance Program described in Sec.
660.21, subpart C. Vessels fishing with bottom longline or pot and trap
gears in the directed open access fishery, as defined at Sec. 660.11,
are subject to the gear marking requirements described in Sec. 660.319
of this subpart.
* * * * *
(iii) Traps or pots must have escape panels.
(A) Traps or pots must have escape panels constructed with number
30 or smaller untreated cotton twine in such a manner that an opening
at least 8 inches (20.3 cm) in diameter that is parallel to, and within
6 inches (15.2 cm) of the bottom of the pot, results when the twine
deteriorates.
(B) A collapsible pot (defined at Sec. 660.11, subpart C) is
exempt from the placement requirements for escape panels described in
this section. Instead, a collapsible pot must have one of the
following:
(1) An escape panel placed anywhere on the mesh of the collapsible
pot, constructed with number 30 or smaller untreated cotton twine and
in such a manner that an opening at least 8 inches (20.3 cm) in
diameter results when the twine deteriorates.
(2) One door on the pot must measure at least 8 inches (20.3 cm) in
diameter and be attached with number 30 or smaller untreated cotton
thread.
* * * * *
[FR Doc. 2026-02370 Filed 2-5-26; 8:45 am]
BILLING CODE 3510-22-P
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</html>Indexed from Federal Register on February 6, 2026.
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.