Proposed Rule2026-07537
Magnuson-Stevens Act Provisions; Fisheries Off West Coast States; Pacific Coast Groundfish Fishery; Pacific Coast Groundfish Fishery Management Plan; Amendment 36; Limited Entry Fixed Gear Follow-On Actions
Primary source
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Published
April 17, 2026
Issuing agencies
Commerce DepartmentNational Oceanic and Atmospheric Administration
Abstract
NMFS issues these proposed regulations to implement amendment 36 to the Pacific Coast Groundfish Fishery Management Plan (Groundfish FMP). The proposed regulations include management measures that would apply to vessels registered to limited entry fixed gear (LEFG) endorsed permits and LEFG permit owners in the Pacific Coast groundfish fishery. Specifically, NMFS proposes to add flexibility to the LEFG permits' gear endorsements, remove the base permit designation of LEFG permits, remove the start and end times (i.e., hours of the day) for the open dates of the primary sablefish season, and develop a cost recovery program for the LEFG primary sablefish fishery. The purpose of this action is to provide increased flexibility to LEFG participants while reducing administrative burdens and to develop a cost recovery program to meet the requirements of the Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-Stevens Act).
Full Text
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<title>Federal Register, Volume 91 Issue 74 (Friday, April 17, 2026)</title>
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[Federal Register Volume 91, Number 74 (Friday, April 17, 2026)]
[Proposed Rules]
[Pages 20624-20635]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-07537]
[[Page 20624]]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 660
[Docket No. 260414-0100]
RIN 0648-BO02
Magnuson-Stevens Act Provisions; Fisheries Off West Coast States;
Pacific Coast Groundfish Fishery; Pacific Coast Groundfish Fishery
Management Plan; Amendment 36; Limited Entry Fixed Gear Follow-On
Actions
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 implement amendment
36 to the Pacific Coast Groundfish Fishery Management Plan (Groundfish
FMP). The proposed regulations include management measures that would
apply to vessels registered to limited entry fixed gear (LEFG) endorsed
permits and LEFG permit owners in the Pacific Coast groundfish fishery.
Specifically, NMFS proposes to add flexibility to the LEFG permits'
gear endorsements, remove the base permit designation of LEFG permits,
remove the start and end times (i.e., hours of the day) for the open
dates of the primary sablefish season, and develop a cost recovery
program for the LEFG primary sablefish fishery. The purpose of this
action is to provide increased flexibility to LEFG participants while
reducing administrative burdens and to develop a cost recovery program
to meet the requirements of the Magnuson-Stevens Fishery Conservation
and Management Act (Magnuson-Stevens Act).
DATES: Comments on this proposed rule must be received on or before May
18, 2026.
ADDRESSES: A plain language summary of this proposed rule is available
at <a href="https://www.regulations.gov/docket/NOAA-NMFS-2025-0372">https://www.regulations.gov/docket/NOAA-NMFS-2025-0372</a>. You may
submit comments on this document, identified by NOAA-NMFS-2025-0372, 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-2025-0372 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).
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 <a href="http://www.reginfo.gov/public/do/PRAMain">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.
Electronic copies of amendment 36 and the 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 Act (the Analysis), may be
obtained from <a href="https://www.regulations.gov/docket/NOAA-NMFS-2025-0372">https://www.regulations.gov/docket/NOAA-NMFS-2025-0372</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>.
FOR FURTHER INFORMATION CONTACT: Megan Mackey, 206-526-6140,
<a href="/cdn-cgi/l/email-protection#513c3436303f7f3c30323a3428113f3e30307f363e27"><span class="__cf_email__" data-cfemail="83eee6e4e2edadeee2e0e8e6fac3edece2e2ade4ecf5">[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 Groundfish FMP. The Pacific Fishery
Management Council (Council) developed the Groundfish FMP pursuant to
the Magnuson-Stevens Act, 16 U.S.C. 1801 et seq. The Secretary of
Commerce approved the Groundfish FMP and implemented the provisions of
the plan at 50 CFR part 660, subparts C through G. Species managed
under the Groundfish FMP include species of groundfish, flatfish,
rockfish, sharks, and skates.
This proposed rule (also referred to as ``this proposed action'')
outlines implementing regulations for amendment 36 to the Groundfish
FMP. Consistent with Magnuson-Stevens Act section 303(c)(1), the
Council deemed the proposed regulations consistent with and necessary
to implement amendment 36 in a December 8, 2025 letter. The Notice of
Availability for amendment 36 that published on December 16, 2025, (90
FR 58183) describes the Groundfish FMP changes that would be
implemented through this proposed action. NMFS approved amendment 36 to
the Groundfish FMP on March 11, 2026. NMFS is seeking comment on the
measures recommended by the Council and approved by NMFS in amendment
36 that would be implemented via this proposed rule.
Background
The history of the LEFG program (or LEFG fishery) in the Pacific
Coast groundfish fishery dates back to the 1980s and is detailed in
Section 1.2 of the Analysis. In June 2022, the Council completed its
second review of the LEFG fishery with the adoption of a final report
(2022 LEFG Program Review) that includes research and data needs and
recommendations for program changes.
In June 2023, the Council considered a series of potential new
management measures for the LEFG fishery and provided guidance on the
development of a range of alternatives (ROA) for these measures. The
Council also recommended that these items be split into two rulemaking
packages: (1) fixed gear marking and entanglement risk reduction and
(2) LEFG follow-on actions. The Council took final action on the fixed
gear marking and entanglement risk reduction measures in June 2024, and
a proposed rule including the associated regulations was published on
February 6, 2026 (91 FR 5408).
In September 2023, the Council adopted a purpose and need and ROA
for this proposed action for the LEFG follow-on actions. At its March
2025 meeting, the Council adopted a preliminary preferred alternative
(PPA), and in June 2025 it adopted a final preferred alternative (FPA).
Amendment 36
On March 11, 2026, NMFS approved amendment 36 to the Groundfish FMP
in alignment with the Council's recommendation in June 2025, and the
Notice of Availability (NOA) published on December 16, 2025 (90 FR
58183). The regulatory changes included in this proposed rule implement
amendment 36.
Proposed Rule
Four action items are included in this proposed rule as part of the
LEFG follow-on actions. Overall, the four
[[Page 20625]]
action items included in this proposed rule would provide increased
flexibility in the LEFG fishery while reducing administrative burdens.
These proposed measures would also ensure the LEFG program meets the
Magnuson-Stevens Act requirements for limited access privilege programs
(LAPP).
The action items are:
1. Adding flexibility to the LEFG permit gear endorsements,
2. Removing the base permit designation of LEFG permits,
3. Removing the start and end times (i.e., hours of the day) for
the open dates of the primary tier season, and
4. Developing a cost recovery program for the LEFG primary
sablefish fishery.
With regard to the first action item on flexibility for gear
endorsements, the most recent LEFG fishery review illustrated changing
and unpredictable ocean and market conditions and an aging fleet,
indicating a need to increase flexibility for LEFG participants to use
their quota in the most efficient way possible and to encourage new
participation in the fishery. The Council determined that this need
could be met by allowing LEFG permitted vessels to use different legal
non-trawl gear in addition to the gear currently endorsed on their
permit to harvest their LEFG quotas and that allowing such gear
flexibility could increase efficiency as well as opportunities for LEFG
vessels and participants to more fully utilize annual groundfish
allocations.
The Council considered a range of three action alternatives with
increasing levels of flexibility for the proposed gear endorsement
flexibility action item (see Section 2.1 of the Analysis). The first
alternative would have allowed vessels registered to bottom longline-
endorsed permits to also use slinky pots to harvest their quota. The
second alternative would have broadened the flexibility by allowing an
LEFG permit holder to use bottom longline or pot gear, including
traditional and slinky pots. The third alternative, which is included
in the FPA, would allow the most flexibility with respect to gear use
by creating a single LE non-trawl permit that would permit vessels to
use any legal non-trawl groundfish gear, except for set nets or other
entangling nets, to harvest their LEFG sablefish tier limits and
groundfish trip limits. This flexibility is currently allowed for
vessels fishing in the directed open access (OA) sector and for vessels
fishing individual fishing quota (IFQ) under the gear switching
provisions of the shorebased IFQ Program. Under this proposed rule, all
LEFG vessels would be allowed to use pot and bottom longline gears and
vertical hook-and-line or other legal non-trawl gear configurations to
harvest groundfish. This proposed action would also remove crossover
provisions currently applicable to the limited entry (LE) and OA
sectors (e.g., those listed 50 CFR 660.230(b)(2)) in order to reduce
regulatory and enforcement complexity.
The FPA for the gear endorsement flexibility action item includes a
provision (referred to in supporting documentation as a suboption) that
would exclude entangling nets from the gears permitted. The suboption
was included to address concerns about the potential for the expanded
use of set nets within the LEFG fishery under this action. Set nets are
included in the broader category of entangling nets, which also
includes gillnets and trammel nets. Set nets are currently allowed in
the OA groundfish fishery south of 38[deg] North latitude (N lat.) but
prohibited north of 38[deg] N lat. (50 CFR 660.330(b)(2)(ii)). Without
the suboption, LEFG vessels would have been able to use set nets. The
proposed rule would prohibit the use of all entangling nets, including
set nets, for the LE sector. There has been no record of directed
groundfish vessels using set nets or other entangling nets to harvest
groundfish off the U.S. West Coast (see Section 4.5.1 of the Analysis).
To add flexibility to gear endorsements, this proposed rule would
replace references to ``fixed gear'' as well as language specific to
longline and pot gear endorsements with ``non-trawl'' throughout Sec.
660. The notice of departure rule in Sec. 660.216(b) would also be
updated to require vessels carrying an observer to give NMFS a 48-hour
notification of intended departure time, along with identifying the
gear type they intend to use. This would replace the current 24-hour
notification requirement.
The second action item included in this proposed rule concerns the
base permit designation of LEFG permits. The base permit designation
was used to determine that at least one permit in a sablefish permit
stack had a length endorsement that was long enough for the vessel. It
was highlighted during the 2022 LEFG program review, however, that the
requirement to designate a base permit is duplicative and unnecessary
because the vessel length requirement is already covered by a separate
regulation within Sec. 660.25(b)(3)(iii), subpart C. Therefore, the
2022 program review concluded that the base permit designation is not
necessary to enforce the vessel length requirement, and the Council and
NMFS found that the designation of a base permit for LEFG vessels
creates an unnecessary administrative burden on fishery participants
and NMFS staff (see Section 2.2 of the Analysis). This proposed action
would therefore remove this requirement from the regulations.
To remove the base permit designation of LEFG permits, the
definition of ``base permit'' would be removed from Sec. 660.11 and
language regarding the base permit designation would be removed from
Sec. 660.25(b)(3)(iii)(C).
The third proposed action concerns the season start times (i.e.,
hours of the day) for the open dates for the sablefish primary season.
Historically, the specification of the time of day for the opening and
closing of the primary season was necessary for monitoring and
enforcement purposes, particularly when seasons were very short. This
specification is no longer necessary, however, and the references to
noon local time would be removed from the regulations as part of this
proposed action (see Section 2.4 of the Analysis).
To remove the time-specific language for the open dates of the
primary tier season, ``noon local time'' would be removed while
maintaining the start and end days of the year (April 1 and December
31, respectively) in Sec. 660.231(b)(1).
Cost Recovery
The fourth proposed action would establish a cost recovery program
for the LEFG primary sablefish fishery (also known as the tier
program), which is a LAPP. The Magnuson-Stevens Act specifies that NMFS
must collect fees to recover the actual costs of management, data
collection and analysis, and enforcement associated with a LAPP (16
U.S.C. 1853a(e) and 1854(d)(2)) (see Section 2.5 of the Analysis). This
proposed rule would require the owner(s) or authorized representative
of a vessel that makes landings of sablefish in the tier program to be
responsible for paying the fee.
A summary of the proposed cost recovery program is provided below.
Structure
The sablefish primary fishery would be treated as a single sector
of the overall Pacific Coast groundfish fishery for the purposes of
cost recovery, whereby costs and the fee percentage would be calculated
for the sector.
Who Pays
The owner(s) or authorized representative of the vessel that makes
landings of sablefish in the tier program would be responsible for
paying the fee.
[[Page 20626]]
Calculation of Fishery Value
Fishery value would be calculated using the ex-vessel value of
sablefish landed in the most recent complete primary season based on
PacFIN electronic fish ticket information. If additional payments are
made after landing, the fishery value will reflect those post-landing
value adjustments as reflected in revised fish tickets.
Calculation of Direct Program Costs
The direct program costs would be calculated by compiling the
actual incremental costs for the previous fiscal year directly related
to the management, data collection and analysis, and enforcement of the
tier program. Actual incremental costs are those costs that would not
have been incurred but for the implementation of the tier program.
Incremental costs may be accrued by the NMFS West Coast Region, the
Northwest Fisheries Science Center, Southwest Fisheries Science Center,
and/or the Office of Law Enforcement. Recoverable costs include staff
time (both full time employees and contractors), travel, supplies, and
equipment related to incremental tasks. An initial evaluation of
potential incremental tasks was provided in Agenda Item E.4.a., NMFS
Report, March 2022.
How Fee Percentage Is Calculated
The fee percentage would be calculated by taking the direct program
costs from the most recent complete fiscal year and dividing that by
the fishery value from the most recent complete fishery season; the MSA
requires that the fee percentage not exceed 3 percent of the ex-vessel
value of fish landed under the tier program.
When the Fee Percentage Is Announced
NMFS would calculate an annual fee percentage and notify the public
in the first quarter of the calendar year, prior to the start of the
primary season on April 1.
How the Fee Amount Is Determined
The fee amount would be calculated by multiplying the ex-vessel
value of applicable landings (including post-landing adjustments) by
the annual fee percentage. The vessel owner or authorized
representative would be required to collect the fee amount at the time
of each landing. When payment of the fees is due, NMFS would generate
an annual bill and provide it electronically following the end of each
primary season to each vessel owner that has applicable landings.
Payment of the fees would be due 30 calendar days after the bill date.
Payments would be able to be made throughout the year, if desired, but
any remaining balance would be required to be received no later than 30
calendar days after receipt of the annual bill. NMFS intends to work
with Pacific States Marine Fisheries Commission (PSMFC) to explore
adding the fee percentage and calculated fee amount for each sablefish
tier landing to electronic fish tickets to facilitate within-year
payments by vessel owners, if desired.
How Cost Recovery Fees Are Paid
The vessel owner or authorized representative would remit fees
electronically through <a href="http://pay.gov">pay.gov</a>. Payment methods would include credit
card and automated clearing house (ACH) payments.
Penalties
Under the proposed rule, failure to pay on time could result in
penalties for the vessel owner. Before penalties would be issued, NMFS
would deliver an Initial Administrative Determination (IAD), to which
the vessel owner or authorized representative must respond within 30
days by either paying the amount due or appealing in writing. The
proposed rule provides that if an account is unpaid for 30 days after
the due date, penalties (e.g., fines, interest, sanctions) may begin to
accrue, and if the account is not paid within 30 calendar days
following a final decision on the IAD or appeal, such penalties may
include the vessel not being able to fish in the sablefish tier fishery
until the fee liability is satisfied.
Reporting
NMFS would generate a publicly available annual report. This annual
report would include information on the fee percentage calculation,
program costs, ex-vessel value for the fishery, and total fees
collected by NMFS from the previous year.
Language detailing the new cost recovery program for the sablefish
primary fishery would be added in Sec. 660.231(c), and additional
sections of the regulations that address the requirements for
recordkeeping and reporting, as well as permits, would be updated,
accordingly.
NMFS has evaluated tasks that would be considered cost recoverable,
which include an electronic fish ticket requirement and future program
reviews, and determined the cost of these administrative tasks would
not be significant, as discussed further in the Classification section
of this proposed rule. Pending unforeseen changes to the cost structure
of the LEFG tier fishery, the fees associated with this proposed cost
recovery program would be considered minimal.
Classification
Pursuant to section 304(b)(1)(A) of the Magnuson-Stevens Act, the
NMFS Assistant Administrator has determined that this proposed rule is
consistent with the Groundfish FMP, 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
purposes of Executive Order 12866.
This proposed rule is not an Executive Order 14192 regulatory
action because this rule is not significant under Executive Order
12866.
There are no relevant Federal rules that may duplicate, overlap, or
conflict with this action.
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 proposing to implement amendment 36
and 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)
The Chief Counsel for Regulation of the Department of Commerce
certified to the Chief Counsel for Advocacy of the Small Business
Administration that this proposed rule, if adopted, would not have a
significant economic impact on a substantial number of small entities.
Although this action would apply to all LEFG permit owners and the
majority of those permit owners are considered small entities, as
explained below, this proposed rule would not have a significant
economic impact on a substantial number of small entities. As a result,
an initial regulatory flexibility analysis is not required and none has
been prepared.
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
[[Page 20627]]
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 LEFG groundfish participants (permit owners or vessels
registered to permits) operating in the EEZ off Washington, Oregon, and
California managed under the Groundfish FMP may be affected by this
action. However, some action items may only impact those owning or
fishing with LEFG permits with a sablefish endorsement (i.e., tier
fishery; cost recovery, base permit designation, start/end times) while
others (LEFG permit gear endorsement flexibility) may impact all LEFG
participants (permit owners and vessels utilizing LEFG permits).
A description of the vessels participating in the LEFG sector can
be found in Section 1.5.2 of the Analysis. Using the NMFS permit owner
database, table 1 below shows the number of permit owners in 2024 by
LEFG permit endorsement (gear and sablefish endorsement). Overall,
there are an estimated 141 unique permit owners in 2024 (some permit
owners may own different types of permits and therefore may be counted
in multiple rows). As part of the permit application process, NMFS asks
permit applicants if they considered themselves a small business based
on a review of the Small Business Administration size criteria and asks
each permit applicant to provide detailed ownership information. Of the
223 LEFG permits, 24 were owned by 16 permit owners that self-reported
as large entities (table 2). For sablefish-endorsed LEFG permits, 18 of
the164 were owned by 12 permit owners that self-reported as large
entities (table 2). Note that owner counts in each column of table 2
may not sum to the total for that column because an owner could own
permits with another gear endorsement.
Table 1--Number of Estimated Owners by LEFG Permit (All and Sablefish
Endorsed Only) by Gear Endorsement, 2024
------------------------------------------------------------------------
Gear endorsement All LEFG permit Sablefish endorsed
------------------------------------------------------------------------
Bottom Longline............. 131 91
Pot......................... 22 22
Pot and Bottom Longline..... 4 4
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Table 2--Number of Permit Owners (and Associated Permits in Parentheses) by Gear Endorsement and Small Business
Designation, 2024
----------------------------------------------------------------------------------------------------------------
Gear endorsement All LEFG permit Sablefish endorsed
----------------------------------------------------------------------------------------------------------------
Entity size Small Large Small Large
----------------------------------------------------------------------------------------------------------------
Bottom Longline................................ 116 (170) 15 (21) 80 (117) 11 (15)
Pot............................................ 19 (25) 3 (3) 19 (25) 3 (3)
Pot and Bottom Longline........................ 4 (4) 0 (0) 4 (4) 0 (0)
----------------------------------------------------------------
Total...................................... 125 (199) 16 (24) 89 (146) 12 (18)
----------------------------------------------------------------------------------------------------------------
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.
Given that small entities make up the majority of LEFG permit
owners, it is anticipated that this proposed rule would affect a
substantial number of small entities. However, none of the proposed
measures are expected to have significant impacts. Two of the action
items in this proposed rule (removal of the base permit designation and
of the season start times on open dates) are strictly administrative
and would not impact entities.
The proposed gear flexibility action item would not
disproportionately disadvantage small entities as compared to large
entities. The proposed gear flexibility measures are expected to
increase profitability due to the ability to use any legal non-trawl
gear type (except entangling nets) to harvest quotas/limits.
Participants have the option to invest in new gear to take advantage of
the new flexibility, which could somewhat decrease any beneficial
impacts to small entities. There could be a slight reduction in profit
for pot endorsed permit owners if the lease fees they can charge for
pot permits decline due to all permits having the same gear allowances.
Of the pot permits that are leased, it is likely that the majority are
small entities given that 29 of the 32 pot or dual-endorsed permits are
owned by small entities. However, it is difficult to ascertain what the
impact would be given the limited information available on permit
pricing and lease fees.
With regard to the cost recovery action item, depending on the cost
recovery fee collected (maximum of 3 percent of the ex-vessel value of
fish harvested), entities with a smaller profit margin may be impacted
by the cost recovery fee. However, the limited information on
profitability for LEFG participants suggests that small entities do not
uniformly have smaller profit margins, and in any event the impact
would be limited to 3 percent of the ex-vessel value of fish harvested.
In sum, although this action would apply to all LEFG permit owners
and the majority of those permit owners are considered small entities,
none of the measures included in this proposed rule would have a
significant economic impact on a substantial number of small entities.
As a result, an initial regulatory flexibility analysis is not required
for this action and none has been prepared. The agency requests
comments on the decision to certify this rule based on the analysis
above.
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 would revise
and
[[Page 20628]]
extend the existing requirements for the collection of information
under OMB Control Number 0648-0663, ``Northwest Region, Pacific Coast
Groundfish Fishery: Trawl Rationalization Cost Recovery Program,'' by
adding a cost recovery collection for the sablefish primary fishery and
by changing the title from ``Northwest Region, Pacific Coast Groundfish
Fishery: Trawl Rationalization Cost Recovery Program'' to ``West Coast
Region, Pacific Coast Groundfish Fishery: Cost Recovery'' to better
align the title with the fisheries subject to the information
collection. One additional form would be added to the existing
information collection to allow vessels in this sablefish primary
fishery to make cost recovery payments. The anticipated increase in the
number of respondents is at most 164, which represents the universe of
sablefish primary fishery tier permit holders, but likely on average
closer to 100 new respondents due to permit stacking. The public
reporting burden hours per response is expected to continue to be 1
hour and the responses are annual. The public reporting burden estimate
includes the time for reviewing instructions, searching existing data
sources, gathering and maintaining the data needed, and completing and
reviewing the collection of information. Therefore, this revision would
add 100 hours to the annual burden estimate for this collection.
Public comment is sought regarding: whether this proposed
collection of information is necessary for the proper performance of
the functions of the agency, including whether the information shall
have practical utility; the accuracy of the burden estimate; ways to
enhance the quality, utility, and clarity of the information to be
collected; and ways to minimize the burden of the collection of
information, including through the use of automated collection
techniques or other forms of information technology. Submit comments on
these or any other aspects of the collection of information at <a href="http://www.reginfo.gov/public/do/PRAMain">http://www.reginfo.gov/public/do/PRAMain</a>.
Notwithstanding any other provisions of the law, no person is
required to respond or, 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: April 14, 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 Sec. 660.11 by:
0
a. Removing the definition of ``Base permit'';
0
b. Revising the definition of ``Conservation area(s)'' by revising
paragraph (1)(vi)(B);
0
c. Revising the definition of ``Joint registration'';
0
d. Revising the definition of ``Limited entry gear'';
0
e. Revising the definition of ``Limited entry permit'' by revising
paragraph (1);
0
f. Revising the definition of ``Non-trawl fishery'';
0
g. Revising the definition of ``Open access gear''; and
0
h. Revising the definition of ``Overage.''
The revisions read as follows:
Sec. 660.11 General definitions.
* * * * *
Conservation area(s) * * *
(1) * * *
(vi) * * *
(B) Non-Trawl (Limited Entry Non-Trawl and Open Access Non-Trawl
Gears) RCAs.
* * * * *
Joint registration or jointly registered means simultaneously
registering both trawl-endorsed and non-trawl-endorsed limited entry
permits for use with a single vessel in one of the configurations
described in Sec. 660.25(b)(4)(iv).
* * * * *
Limited entry gear means non-trawl gear, except entangling nets
(defined at Sec. 660.11 ``Fishing gear'' (4)) or groundfish trawl gear
used under the authority of a valid limited entry permit affixed with
an endorsement for that gear.
Limited entry permit means: * * *
(1) The Federal permit required to fish in the limited entry
fishery, and includes any gear, size, or species endorsements affixed
to the permit, or
* * * * *
Non-trawl fishery means:
(1) For the purpose of allocations at Sec. 660.55, subpart C, non-
trawl fishery means the limited entry non-trawl fishery, the open
access fishery, and the recreational fishery.
(2) For the purposes of all other management measures in subparts C
through G of this part, non-trawl fishery means fishing with any legal
limited entry non-trawl gear or open access non-trawl groundfish gear
other than trawl gear (groundfish trawl gear and non-groundfish trawl
gear), but does not include the recreational fishery.
* * * * *
Open access gear means all types of fishing gear except groundfish
trawl.
* * * * *
Overage means the amount of fish harvested by a vessel in excess
of:
(1) The applicable trip limit for any fishery to which a trip limit
applies;
(2) The amount authorized by the applicable permit for trawl
fisheries at subpart D of this part;
(3) The amount authorized by the applicable sablefish-endorsed
permits for non-trawl sablefish fisheries at subpart E of this part.
* * * * *
0
3. Amend Sec. 660.12 by revising paragraph (a)(6) to read as follows:
Sec. 660.12 General groundfish prohibitions.
* * * * *
(a) * * *
(6) Take and retain, possess, or land more than a single cumulative
limit of a particular species, per vessel, per applicable cumulative
limit period, except for sablefish taken in the primary limited entry
non-trawl sablefish season from a vessel authorized to fish in that
season, as described at Sec. 660.231, subpart E.
* * * * *
0
4. Amend Sec. 660.13 by revising paragraphs (a)(2)(ii),
(d)(4)(iv)(A)(1), (30) and (31) to read as follows:
Sec. 660.13 Recordkeeping and reporting.
(a) * * *
(2) * * *
(ii) The limited entry non-trawl trip limit fisheries subject to
the trip limits in tables 2b (North) and 2b (South) to subpart E of
this part, and primary sablefish fisheries, as defined at Sec.
660.211; and
* * * * *
(d) * * *
(4) * * *
(iv) * * *
(A) * * *
(1) Limited entry non-trawl, not including shorebased IFQ
(declaration code 10);
* * * * *
(30) Limited entry non-trawl non-bottom contact stationary vertical
jig
[[Page 20629]]
gear (allowed inside or outside the Non-Trawl RCA) (declaration code
12);
(31) Limited entry non-trawl non-bottom contact groundfish troll
gear (allowed inside or outside the Non-Trawl RCA) (declaration code
13);
* * * * *
0
5. Amend Sec. 660.14 by revising paragraph (b)(1) to read as follows:
Sec. 660.14 Vessel Monitoring System (VMS) requirements.
* * * * *
(b) * * *
(1) Any vessel registered for use with a limited entry permit
(i.e., not an MS permit) that fishes in state or Federal waters seaward
of the baseline from which the territorial sea is measured off the
States of Washington, Oregon or California (0-200 nm offshore).
* * * * *
0
6. Amend Sec. 660.16 by removing the words ``Fixed Gear'' from the
table in paragraph (c) and adding, in their place, the word ``Non-
trawl''.
Sec. Sec. 660.18 and 660.21 [Amended]
0
7. Amend Sec. Sec. 660.18 and 660.21 by removing the words ``fixed
gear'' wherever they appear and adding, in their place, the word ``non-
trawl''.
0
8. Amend Sec. 660.20 by revising paragraph (b) to read as follows:
Sec. 660.20 Vessel and gear identification.
* * * * *
(b) Gear identification. Gear identification requirements specific
to fisheries using non-trawl gear (limited entry and open access) are
described at Sec. 660.219, subpart E and Sec. 660.319, subpart F.
0
9. Amend Sec. 660.25 by:
0
a. Revising paragraph (b)(1)(i);
0
b. Removing and reserving paragraph (b)(3)(i);
0
c. Revising paragraphs (b)(3)(ii), (b)(3)(iii)(C), (b)(3)(iv)(A)
introductory text, (b)(3)(iv)(C)(1), and (b)(3)(vii);
0
d. Adding paragraph (b)(4)(i)(H);
0
e. Revising introductory paragraph (b)(4)(ii), and paragraphs
(b)(4)(ii)(A), (b)(4)(iv)(A) and (B), and (b)(4)(vii)(B).
The revisions and additions read as follows:
Sec. 660.25 Permits.
* * * * *
(b) * * *
(1) * * *
(i) General. In order for a vessel to fish in the limited entry
fishery, the vessel owner must hold a limited entry permit and, through
SFD, must register that vessel for use with a limited entry permit.
When participating in the limited entry fishery, a vessel is authorized
to fish with the gear type endorsed on the limited entry permit
registered for use with that vessel, except that the MS permit does not
have a gear endorsement. There are two types of gear endorsements:
trawl and non-trawl. All limited entry permits, except the MS permit,
have size endorsements; a vessel registered for use with a limited
entry permit must comply with the vessel size requirements of this
subpart. A sablefish endorsement is also required for a vessel to be
used to fish in the primary season for the limited entry non-trawl
sablefish fishery, north of 36[deg] N lat. Certain limited entry
permits will also have endorsements required for participation in a
specific fishery, such as the MS/CV endorsement and the C/P
endorsement.
* * * * *
(3) * * *
(ii) Gear endorsement. There are two types of gear endorsements:
trawl and non-trawl. Gear endorsement(s) assigned to the permit at the
time of issuance will be permanent and shall not be modified. Vessels
registered to a permit with a single limited entry non-trawl
endorsement may use any legal non-trawl groundfish gear to harvest
their quota, except entangling nets (defined at Sec. 660.11 ``Fishing
gear'' (4)). An MS permit does not have a gear endorsement.
(iii) * * *
(C) Size endorsement requirements for sablefish-endorsed permits.
Notwithstanding paragraphs (b)(3)(iii)(A) and (B) of this section,
when multiple permits are ``stacked'' on a vessel, as described in
paragraph (b)(4)(iii) of this section, at least one of the permits must
meet the size requirements of those sections. Any additional permits
that are stacked for use with a vessel participating in the limited
entry non-trawl primary sablefish fishery may be registered for use
with a vessel even if the vessel even if the vessel does not meet the
size endorsed on the ``stacked'' permit.
(iv) * * *
(A) General. Participation in the limited entry non-trawl sablefish
fishery during the primary season north of 36[deg] N lat., described in
Sec. 660.231, Subpart E, requires that an owner of a vessel hold (by
ownership or lease) a limited entry permit, registered for use with
that vessel, with a non-trawl endorsement and a sablefish endorsement.
Up to three permits with sablefish endorsements may be registered for
use with a single vessel. Limited entry permits with sablefish
endorsements are assigned to one of three different cumulative trip
limit tiers, based on the qualifying catch history of the permit.
* * * * *
(C) * * *
(1) Qualifying criteria. The three qualifying criteria for an
ownership limitation exemption are: The vessel owner currently has no
more than 20 percent ownership interest in a vessel registered to the
sablefish endorsed permit, the vessel owner currently has ownership
interest in Alaska sablefish individual fishing quota, and the vessel
has fished in the past 12-month period in both the West Coast
groundfish limited entry non-trawl fishery and the Sablefish IFQ
Program in Alaska. The best evidence of a vessel owner having met these
qualifying criteria will be state fish tickets or landing receipts from
the West Coast states and Alaska. The qualifying vessel owner may seek
an ownership limitation exemption for sablefish endorsed permits
registered to no more than two vessels.
* * * * *
(vii) Endorsement and exemption restrictions. Gear endorsements,
sablefish endorsements and sablefish tier assignments, and C/P
endorsements may not be registered to another permit owner (i.e.,
change in permit ownership or ownership interest) or to another vessel
(i.e., change in vessel registration) separately from the limited entry
permit. At-sea processing exemptions, specified at paragraph (b)(6) of
this section, are associated with the vessel and not with the limited
entry permit and may not be registered to another permit owner or to
another vessel without losing the exemption.
(4) * * *
(i) * * *
(H) A vessel may not be registered to any limited entry non-trawl
permits with a sablefish endorsement until payment of all cost recovery
program fees required pursuant to Sec. 660.231(c) has been made. The
IAD, appeals, and final decision process for the cost recovery program
is specified in Sec. 660.231(c)(5)(i).
(ii) Combining limited entry permits. Two or more limited entry
permits with gear endorsements for the same type of limited entry gear
may be combined and reissued as a single permit with a larger size
endorsement as described in paragraph (b)(3)(iii) of this section.
(A) Sablefish-endorsed permit. With respect to limited entry
permits endorsed for non-trawl gear, a sablefish endorsement will be
issued for the new permit only if all of the permits being combined
have sablefish endorsements. If two or more permits with sablefish
endorsements are combined, the new
[[Page 20630]]
permit will receive the same tier assignment as the tier with the
largest cumulative landings limit of the permits being combined.
* * * * *
(iv) * * *
(A) General. ``Joint registration'' of limited entry permits, as
defined at Sec. 660.11, is the practice of simultaneously registering
both trawl-endorsed and non-trawl-endorsed limited entry permits for
use with a single vessel.
(B) Restrictions. Subject to vessel size endorsements in paragraph
(b)(3)(iii) of this section, any limited entry permit with a trawl
endorsement and any limited entry permit with a non-trawl endorsement
may be jointly registered for use with a single vessel but only in one
of the following configurations:
(1) A single trawl-endorsed limited entry permit and one, two or
three sablefish endorsed non-trawl-endorsed limited entry permits; or
(2) A single trawl-endorsed limited entry permit and one non-trawl-
endorsed limited entry permit for use with a single vessel.
* * * * *
(vii) * * *
(B) Limited entry non-trawl and trawl-endorsed permits (without MS/
CV or C/P endorsements). Limited entry non-trawl and trawl-endorsed
permits (without MS/CV or C/P endorsements) may not be registered for
use with a different vessel more than once per calendar year, except in
cases of death of a vessel owner or if the vessel registered to the
permit is totally lost as defined in Sec. 660.11. The exception for
death of a vessel owner applies for a vessel owned by a partnership or
a corporation if the person or persons with at least 50 percent of the
ownership interest in the entity dies.
* * * * *
0
10. Amend Sec. 660.55 by removing the words ``fixed gear'' in each
instance where they occur and adding, in their place, the word ``non-
trawl.''
0
11. Amend Sec. 660.60 by revising paragraphs (h)(7)(ii)(A)(2),
(h)(7)(ii)(B)(2) and (3) to read as follows:
Sec. 660.60 Specifications and management measures.
* * * * *
(h) * * *
(7) * * *
(ii) * * *
(A) * * *
(2) Vessels with a valid limited entry non-trawl permit fishing
inside the Non-Trawl RCA with stationary vertical jig gear or
groundfish troll gear as defined at Sec. 660.320(b)(6). Vessels
fishing with one of these two approved hook-and-line gear
configurations may fish up to the limited entry non-trawl gear trip
limits in table 2b (North) and table 2b (South) of subpart E, either
inside or outside the Non-Trawl RCA. This provision only applies on
fishing trips where the vessel made the appropriate declaration
(specified at Sec. 660.13(d)(4)(iv)(A)).
(B) * * *
(2) Vessel registered to a limited entry non-trawl permit. Vessels
registered to a limited entry non-trawl permit cannot cross over in the
open access fishery.
(3) Vessel jointly registered to more than one limited entry
permit. Vessels jointly registered (under the provisions at Sec.
660.25(b)(4)(iv)(B)) may fish with open access gear (defined at Sec.
660.11), excluding entangling nets (defined at Sec. 600.11 ``Fishing
gear'' (4)), if they meet the requirements of paragraph
(h)(7)(ii)(B)(1) of this section.
* * * * *
0
12. Amend Note 1 to table 1a (North) and table 1a (South), Subpart D,
by removing the words ``limited entry fixed gear'' where they appear.
0
13. Amend Sec. 660.112 by revising paragraph (b)(1)(xvii) to read as
follows:
Sec. 660.112 Trawl fishery--prohibitions.
* * * * *
(b) * * *
(1) * * *
(xvii) When declared into the limited entry groundfish non-trawl
Shorebased IFQ fishery, retain fish caught with non-trawl gear in more
than one IFQ management area, specified at Sec. 660.140(c)(1), on the
same trip.
* * * * *
0
14. Amend Sec. 660.140 by revising paragraphs (c)(2), (e)(1)(i),
(k)(1) introductory text, and (k)(1)(iv) to read as follows:
Sec. 660.140 Shorebased IFQ Program.
* * * * *
(c) * * *
(2) Moving pot or trap gear between multiple IFQ management areas.
A vessel using non-trawl gear declared into the limited entry
groundfish non-trawl Shorebased IFQ fishery may deploy pot or trap gear
in multiple IFQ management areas on a trip provided the vessel does not
retrieve gear from more than one IFQ management area during a trip.
* * * * *
(e) * * *
(1) * * *
(i) Gear exception. Vessels registered to a limited entry trawl
permit using the following gears would not be required to cover
groundfish catch with QP or Pacific halibut catch with IBQ pounds: Non-
groundfish trawl, gear types defined in the coastal pelagic species
FMP, gear types defined in the highly migratory species FMP, salmon
troll, crab pot, and limited entry non-trawl gear when the vessel also
has a limited entry permit endorsed for non-trawl gear and has declared
that it is fishing in the limited entry non-trawl fishery. Vessels
using gears falling under this exception are subject to the open access
fishery restrictions and limits when declared in to an open access
fishery.
* * * * *
(k) * * *
(1) Participants in the Shorebased IFQ Program may take IFQ species
using any legal groundfish non-trawl gear (i.e., gear switching) and
are exempt from the gear endorsements at Sec. 660.25(b)(3) for limited
entry non-trawl permits, provided the following requirements are met:
* * * * *
(iv) The vessel must comply with prohibitions applicable to the
limited entry non-trawl fishery as specified at Sec. 660.212, gear
restrictions applicable to limited entry non-trawl gear as specified in
Sec. Sec. 660.219 and 660.230(b), and management measures specified in
Sec. 660.230(d), including restrictions on the non-trawl gear allowed
onboard, its usage, and applicable non-trawl groundfish conservation
area restrictions, except that the vessel will not be subject to
limited entry non-trawl trip limits when fishing in the Shorebased IFQ
Program. Vessels using bottom longline and snap gears as defined at
Sec. 660.11 are subject to the requirements of the Seabird Avoidance
Program described in Sec. 660.21.
* * * * *
0
15. Amend the title of Part 660, Subpart E by removing the words
``Fixed Gear'' and adding, in their place, the word ``Non-Trawl'' so
that the title reads as follows:
Subpart E West Coast Groundfish--Limited Entry Non-Trawl Fisheries
* * * * *
Sec. Sec. 660.210, 660.211, 660.212, 660.213, 660.220, 660.231, and
660.232 [Amended]
0
16. Amend Sec. Sec. 660.210, 660.211, 660.212, 660.213, 660.220,
660.231, and 660.232 by removing the words ``fixed gear'' wherever they
appear and adding, in their place, the word ``non-trawl''.
0
17. Amend Sec. 660.211 by:
0
a. Revising the section heading;
0
b. Adding a new definition for ``Ex-vessel value'';
0
c. Revising ``Limited entry fixed gear fishery'' to read ``Limited
entry non-
[[Page 20631]]
trawl fishery'' and revising its definition;
0
d. Revising the definitions of ``Sablefish primary fishery'',
``Sablefish primary season'' and ``Tier limit''.
The revisions and addition read as follows:
Sec. 660.211 Non-trawl fishery--definitions.
* * * * *
Ex-vessel value means, for the purposes of the limited entry non-
trawl sablefish primary fishery cost recovery program specified at
Sec. 660.231(c), all compensation received for sablefish landed to a
sablefish endorsed permit and includes the value of all in-kind
compensation and all other goods or services exchanged in lieu of cash.
Limited entry non-trawl fishery means the fishery composed of
vessels registered to limited entry permits with a non-trawl
endorsement.
Sablefish primary fishery means, for the limited entry non-trawl
sablefish fishery north of 36[deg] N lat., the fishery where vessels
registered to at least one limited entry permit with both an
endorsement for non-trawl gear and a sablefish endorsement fish up to a
specified tier limit and when they are not eligible to fish in the DTL
fishery.
Sablefish primary season means, for the limited entry non-trawl
sablefish fishery north of 36[deg] N lat., the period when vessels
registered to at least one limited entry permit with both an
endorsement for non-trawl gear and a sablefish endorsement are allowed
to fish in the sablefish primary fishery described at Sec. 660.231 of
this subpart.
Tier limit means a specified amount of sablefish that may be
harvested by a vessel registered to a limited entry non-trawl permit(s)
with a Tier 1, Tier 2, and/or Tier 3 designation; a gear endorsement
for non-trawl gear; and a sablefish endorsement.
0
18. Amend Sec. 660.212 by revising the section heading and paragraph
(c)(1) and adding paragraph (e) to read as follows:
Sec. 660.212 Non-trawl fishery--prohibitions.
* * * * *
(c) * * *
(1) Operate a vessel registered to a limited entry permit with a
non-trawl or trawl endorsement and non-trawl gear onboard in an
applicable GCA (as defined at Sec. 660.230(d)), except for purposes of
continuous transiting, with all groundfish non-trawl gear stowed in
accordance with Sec. 660.212(a) or except as authorized in the
groundfish management measures at Sec. 660.230.
* * * * *
(e) Cost Recovery.
(1) Fail to fully pay or collect any fee due under the cost
recovery program specified at Sec. 660.231 and/or otherwise avoid,
decrease, interfere with, hinder, or delay any such payment or
collection.
(2) Fail to maintain records as required by Sec. 660.213 and/or
fail to make reports to NMFS as required under Sec. 660.213.
(3) Refuse to allow NMFS employees, agents, or contractors to
review and audit all records and other information required to be
maintained as set forth in Sec. 660.213.
(4) Make any false statement to NMFS, including any NMFS employee,
agent or contractor, concerning a matter related to the cost recovery
program described in this subpart.
(5) Obstruct, prevent, or delay, or attempt to obstruct, prevent,
or delay, any audit or investigation NMFS employees, agents, or
contractors conduct, or attempt to conduct, in connection with any of
the matters in the cost recovery program described in this subpart.
0
19. Amend Sec. 660.213 by revising the section heading and adding
paragraph (f) to read as follows:
Sec. 660.213 Non-trawl fishery--recordkeeping and reporting.
* * * * *
(f) Cost recovery program. The vessel owner, as defined at Sec.
660.11, is required to comply with the following recordkeeping and
reporting requirements:
(1) Reporting. The vessel owner, or authorized representative, must
submit a cost recovery form at the time cost recovery fees are paid to
NMFS as specified at Sec. 660.231(c). The cost recovery form requires
providing information that may include, but is not limited to, vessel
owner's name, address, phone number, permit number, month and year of
landings, weight of landings, ex-vessel value, fish ticket numbers for
landings, and fee due.
(2) Recordkeeping. The vessel owner or authorized representative
must maintain the following records for all landings of sablefish in
the primary fishery for at least three years:
(i) The date of landing,
(ii) The weight of sablefish landed,
(iii) Information sufficient to specifically identify the fishing
vessel which landed the sablefish,
(iv) The ex-vessel value of sablefish,
(v) The identity of the payee to whom the ex-vessel value is paid,
if different than the vessel owner,
(vi) The date the ex-vessel value was paid,
(vii) The total fee amount collected as a result of all sablefish.
0
20. Amend the section headings of Sec. Sec. 660.216, 220, and 230 by
removing the words ``Fixed gear'' and adding, in their place, the word
``Non-trawl.''
0
21. Amend Sec. 660.216 by revising introductory paragraph (b) to read
as follows:
Sec. 660.216 Non-trawl fishery--observer requirements.
* * * * *
(b) Notice of departure basic rule. At least 48 hours before
departing on a fishing trip, a harvesting vessel that has been notified
by NMFS that it is required to carry an observer must notify NMFS (or
its designated agent) of the vessel's intended time of departure, place
or port of departure, and the gear type to be used.
* * * * *
0
22. Amend Sec. 660.219 by revising the section heading to read as
follows:
Sec. 660.219 Non-trawl fishery--gear identification and marking.
* * * * *
0
23. Amend Sec. 660.230 by:
0
a. Revising paragraphs (a) and (b)(1);
0
b. Removing paragraph (b)(2);
0
c. Redesignating paragraphs (b)(3) through (b)(6) as (b)(2) through
(b)(5);
0
d. Revising newly redesignated paragraphs (b)(2) and introductory
paragraph (b)(5), introductory paragraph (c)(2), introductory paragraph
(d), (d)(2), (d)(5) through (14), and paragraph (g).
The revisions read as follows:
Sec. 660.230 Non-trawl fishery--management measures.
(a) General. Most species taken in limited entry non-trawl
fisheries will be managed with cumulative trip limits (see trip limits
in tables 2b (North) and 2b (South) of this subpart), size limits (see
Sec. 660.60(h)(5)), seasons (see trip limits in tables 2b (North) and
2b (South) of this subpart and sablefish primary season details in
Sec. 660.231), gear restrictions (see paragraph (b) of this section),
and closed areas (see paragraph (d) of this section and Sec. Sec.
660.70 through 660.79). Cowcod, yelloweye, and California quillback
rockfish retention is prohibited in all fisheries, and groundfish
vessels operating south of Point Conception must adhere to GEA
restrictions (see paragraph (d)(16) of this section and Sec. 660.70).
Regulations governing tier limits for the limited entry non-trawl
sablefish primary season north of 36[deg] N lat. are found in Sec.
660.231. Vessels not participating in the sablefish primary season are
subject to weekly sablefish limits in addition to cumulative limits for
each cumulative limit period. The trip limit for black rockfish caught
with
[[Page 20632]]
hook-and-line gear also applies, see paragraph (e) of this section. The
trip limits in tables 2b (North) and 2b (South) of this subpart apply
to vessels participating in the limited entry groundfish non-trawl
fishery and may not be exceeded.
(b) * * *
(1) Non-trawl gear (defined at Sec. 660.11 ``Fishing gear'' (8))
except entangling nets (defined at Sec. 660.11 ``Fishing gear'' (4))
is authorized in the limited entry non-trawl fishery, providing the
gear is in compliance with the restrictions set forth in this section,
and gear marking requirements described in Sec. 660.219 of this
subpart.
(2) All fixed gear (longline, trap or pot, and stationary hook-and-
line gear, including commercial vertical hook-and-line gear) gear used
in the limited entry non-trawl fishery must be attended at least once
every 7 days.
* * * * *
(5) Inside the Non-Trawl RCA, only legal non-bottom contact hook-
and-line gear configurations may be used for target fishing for
groundfish by vessels that participate in the limited entry non-trawl
sector as defined at Sec. 660.11. On a fishing trip where any fishing
will occur inside the Non-Trawl RCA, only one type of legal non-bottom
contact gear may be carried on board, and no other fishing gear of any
type may be carried on board or stowed during that trip. The vessel may
fish inside and outside the Non-Trawl RCA on the same fishing trip,
provided a valid declaration report as required at Sec. 660.13(d) has
been filed with NMFS OLE. Legal non-bottom contact hook-and-line gear
means stationary vertical jig gear not anchored to the bottom and
groundfish troll gear, subject to the specifications in paragraphs
(b)(5)(i) and (ii) of this section.
* * * * *
(c) * * *
(2) For limited entry non-trawl vessels, the following species must
be sorted:
* * * * *
(d) Groundfish conservation areas. GCAs are defined by coordinates
expressed in degrees of latitude and longitude. The latitude and
longitude coordinates of the GCA boundaries are specified at Sec. Sec.
660.70 through 660.74. A vessel that is authorized by this paragraph to
fish within a GCA (e.g., fishing for ``other flatfish'' with hook and
line gear only), may not simultaneously have other gear on board the
vessel that is unlawful to use for fishing within the GCA. The
following GCAs apply to vessels using bottom contact gear, defined at
Sec. 660.11, and include limited entry non-trawl (e.g., longline and
pot/trap,) among other gear types.
* * * * *
(2) North coast commercial yelloweye rockfish conservation area.
The latitude and longitude coordinates of the North Coast Commercial
Yelloweye Rockfish Conservation Area (YRCA) boundaries are specified at
Sec. 660.70, subpart C. Fishing with limited entry non-trawl gear is
prohibited within the North Coast Commercial YRCA. It is unlawful to
take and retain, possess, or land groundfish taken with limited entry
non-trawl gear within the North Coast Commercial YRCA. Limited entry
non-trawl vessels may transit through the North Coast Commercial YRCA
with or without groundfish on board.
* * * * *
(5) Tillamook YRCA. The latitude and longitude coordinates that
define the Tillamook YRCA boundaries are specified at Sec. 660.70,
subpart C. Fishing with limited entry non-trawl gear is prohibited
within the Tillamook YRCA on dates when the closure is in effect. It is
unlawful to take and retain, possess, or land groundfish taken with
limited entry non-trawl gear within the Tillamook YRCA on dates when
the closure is in effect. The closure is not in effect at this time.
This closure may be implemented through inseason adjustment. Limited
entry non-trawl vessels may transit through the Tillamook YRCA at any
time, with or without groundfish on board.
(6) Newport YRCA. The latitude and longitude coordinates that
define the Newport YRCA boundaries are specified at Sec. 660.70,
subpart C. Fishing with limited entry non-trawl gear is prohibited
within the Newport YRCA on dates when the closure is in effect. It is
unlawful to take and retain, possess, or land groundfish taken with
limited entry non-trawl gear within the Newport YRCA on dates when the
closure is in effect. The closure is not in effect at this time. This
closure may be implemented through inseason adjustment. Limited entry
non-trawl vessels may transit through the Newport YRCA at any time,
with or without groundfish on board.
(7) Florence YRCA. The latitude and longitude coordinates that
define the Florence YRCA boundaries are specified at Sec. 660.70,
subpart C. Fishing with limited entry non-trawl gear is prohibited
within the Florence YRCA on dates when the closure is in effect. It is
unlawful to take and retain, possess, or land groundfish taken with
limited entry non-trawl gear within the Florence YRCA on dates when the
closure is in effect. The closure is not in effect at this time. This
closure may be implemented through inseason adjustment. Limited entry
non-trawl vessels may transit through the Florence YRCA at any time,
with or without groundfish on board.
(8) Heceta Bank YRCA. The latitude and longitude coordinates that
define the Heceta Bank YRCA boundaries are specified at Sec. 660.70,
subpart C. Fishing with limited entry non-trawl gear is prohibited
within the Heceta Bank YRCA on dates when the closure is in effect. It
is unlawful to take and retain, possess, or land groundfish taken with
limited entry non-trawl gear within the Heceta Bank YRCA on dates when
the closure is in effect. The closure is currently in effect. This
closure may be modified through inseason adjustment. Limited entry non-
trawl vessels may transit through the Heceta Bank YRCA at any time,
with or without groundfish on board.
(9) Point St. George YRCA. The latitude and longitude coordinates
of the Point St. George YRCA boundaries are specified at Sec. 660.70,
subpart C. Fishing with limited entry non-trawl gear is prohibited
within the Point St. George YRCA, on dates when the closure is in
effect. It is unlawful to take and retain, possess, or land groundfish
taken with limited entry non-trawl gear within the Point St. George
YRCA, on dates when the closure is in effect. The closure is not in
effect at this time. This closure may be imposed through inseason
adjustment. Limited entry non-trawl vessels may transit through the
Point St. George YRCA, at any time, with or without groundfish on
board.
(10) South Reef YRCA. The latitude and longitude coordinates of the
South Reef YRCA boundaries are specified at Sec. 660.70, subpart C.
Fishing with limited entry non-trawl gear is prohibited within the
South Reef YRCA, on dates when the closure is in effect. It is unlawful
to take and retain, possess, or land groundfish taken with limited
entry non-trawl gear within the South Reef YRCA, on dates when the
closure is in effect. The closure is not in effect at this time. This
closure may be imposed through inseason adjustment. Limited entry non-
trawl vessels may transit through the South Reef YRCA, at any time,
with or without groundfish on board.
(11) Reading Rock YRCA. The latitude and longitude coordinates of
the Reading Rock YRCA boundaries are specified at Sec. 660.70, subpart
C. Fishing with limited entry non-trawl gear is prohibited within the
Reading Rock YRCA, on dates when the closure is in effect. It is
unlawful to take and retain,
[[Page 20633]]
possess, or land groundfish taken with limited entry non-trawl gear
within the Reading Rock YRCA, on dates when the closure is in effect.
The closure is not in effect at this time. This closure may be imposed
through inseason adjustment. Limited entry non-trawl vessels may
transit through the Reading Rock YRCA, at any time, with or without
groundfish on board.
(12) Point Delgada (North) YRCA. The latitude and longitude
coordinates of the Point Delgada (North) YRCA boundaries are specified
at Sec. 660.70, subpart C. Fishing with limited entry non-trawl gear
is prohibited within the Point Delgada (North) YRCA, on dates when the
closure is in effect. It is unlawful to take and retain, possess, or
land groundfish taken with limited entry non-trawl gear within the
Point Delgada (North) YRCA, on dates when the closure is in effect. The
closure is not in effect at this time. This closure may be imposed
through inseason adjustment. Limited entry non-trawl vessels may
transit through the Point Delgada (North) YRCA, at any time, with or
without groundfish on board.
(13) Point Delgada (South) YRCA. The latitude and longitude
coordinates of the Point Delgada (South) YRCA boundaries are specified
at Sec. 660.70, subpart C. Fishing with limited entry non-trawl gear
is prohibited within the Point Delgada (South) YRCA, on dates when the
closure is in effect. It is unlawful to take and retain, possess, or
land groundfish taken with limited entry non-trawl gear within the
Point Delgada (South) YRCA, on dates when the closure is in effect. The
closure is not in effect at this time. This closure may be imposed
through inseason adjustment. Limited entry non-trawl vessels may
transit through the Point Delgada (South) YRCA, at any time, with or
without groundfish on board.
(14) Non-trawl Rockfish Conservation Area (RCA). The Non-Trawl RCA
is defined at Sec. 660.11 and with latitude and longitude coordinates,
at Sec. Sec. 660.71 through 660.74 or the EEZ, where fishing for
groundfish with non-trawl gear is prohibited. Boundaries for the Non-
Trawl RCA throughout the year are provided in the header to Table 2
(North) and Table 2 (South) of this subpart and may be modified by NMFS
inseason pursuant to Sec. 660.60(c).
(i) It is unlawful to operate a vessel with limited entry non-trawl
gear in the Non-Trawl RCA, except for the purpose of continuous
transit, or when the use of limited entry non-trawl gear is authorized
in this section. It is unlawful to take and retain, possess, or land
groundfish taken with limited entry non-trawl gear within the Non-Trawl
RCA, unless otherwise authorized in this section.
(ii) Limited entry non-trawl vessels may transit through the Non-
Trawl RCA, with or without groundfish on board, provided all groundfish
non-trawl gear is stowed either: Below deck; or if the gear cannot
readily be moved, in a secured and covered manner, detached from all
lines, so that it is rendered unusable for fishing.
(iii) The Non-Trawl RCA restrictions in this section apply to
vessels registered to limited entry non-trawl permits fishing for
species other than groundfish with non-trawl gear on trips where
groundfish species are retained. Unless otherwise authorized in this
section, a vessel may not retain any groundfish taken on a fishing trip
for species other than groundfish that occurs within the Non-Trawl RCA.
If a vessel fishes in a non-groundfish fishery in the Non-Trawl RCA, it
may not participate in any fishing for groundfish on that trip that is
prohibited within the Non-Trawl RCA. [For example, if a vessel fishes
in the salmon troll fishery within the RCA, the vessel cannot on the
same trip fish in the sablefish fishery outside of the RCA.]
(iv) It is lawful to fish within the Non-Trawl RCA with limited
entry non-trawl gear using hook and line gear only when trip limits
authorize such fishing, and provided a valid declaration report as
required at Sec. 660.13(d), subpart C, has been filed with NMFS OLE.
(v) It is lawful to fish within the Non-Trawl RCA under the limited
entry non-trawl trip limits specified in Table 2 (North) and Table 2
(South) of this subpart only when using the non-bottom contact hook-
and-line gear types described in paragraph (b)(5) of this section, and
provided a valid declaration report as required at Sec. 660.13(d),
subpart C, has been filed with NMFS OLE.
* * * * *
(g) Essential Fish Habitat Conservation Areas (EFHCA). EFHCAs,
defined at Sec. 660.11 and with latitude and longitude coordinates at
Sec. Sec. 660.75 through 660.79, apply to vessels using bottom contact
gear, defined at Sec. 660.11, and includes limited entry non-trawl
(e.g., longline and pot/trap,) among other gear types. EFHCAs closed to
bottom contact gear are listed at Sec. 660.12(a).
0
24. Amend Sec. 660.231 by:
0
a. Revising the section heading, paragraph (a), introductory text to
paragraph (b), paragraph (b)(1);
0
b. Removing and reserving paragraph (b)(2); and
0
c. Adding paragraph (c).
The revisions and addition read as follows:
Sec. 660.231 Limited entry non-trawl sablefish primary fishery.
* * * * *
(a) Sablefish endorsement. In addition to requirements pertaining
to fishing in the limited entry non-trawl fishery (described in
subparts C and E), a vessel may not fish in the sablefish primary
season for the limited entry non-trawl fishery, unless at least one
limited entry permit with both a gear endorsement for non-trawl gear
and a sablefish endorsement is registered for use with that vessel.
Permits with sablefish endorsements are assigned to one of three tiers,
as described at Sec. 660.25(b)(3)(iv), subpart C.
(b) Sablefish primary season for the limited entry non-trawl
fishery--
(1) Season dates. North of 36[deg] N lat., the sablefish primary
season for the limited entry non-trawl, sablefish-endorsed vessels
begins on April 1 and closes on December 31, or closes for an
individual vessel owner when the tier limit for the sablefish endorsed
permit(s) registered to the vessel has been reached, whichever is
earlier, unless otherwise announced by the Regional Administrator
through the routine management measures process described at Sec.
660.60(c).
* * * * *
(c) Sablefish primary fishery--cost recovery program.
(1) General. The cost recovery program collects mandatory fees of
up to three percent of the ex-vessel value of sablefish landed in the
sablefish primary fishery in accordance with the Magnuson-Stevens Act.
NMFS collects the fees to recover the actual costs directly related to
the management, data collection, analysis, and enforcement of the
sablefish primary fishery.
(2) Fee percentage. The annual fee percentage is calculated as
described in paragraph (c)(2)(i) of this section. NMFS will establish
the fee percentage each year and will announce the fee percentage in
accordance with paragraph (c)(2)(ii) of this section. The fee
percentage must not exceed three percent of the ex-vessel value of fish
harvested, by sector, under the sablefish primary fishery, pursuant to
the Magnuson-Stevens Act at 16 U.S.C. 1854(d)(2)(B).
(i) In the first quarter of each calendar year, NMFS will calculate
the fee percentage based on information from the previous fiscal and
calendar years. The fee percentage will be rounded to the nearest 0.1
percent and must not exceed three percent. NMFS will use the following
equation to annually
[[Page 20634]]
determine the fee percentage: Fee percentage = the lower of 3% or (DPC/
V) x 100, where:
(A) ``DPC,'' or direct program costs, are the actual incremental
costs for the previous fiscal year directly related to the management,
data collection, and enforcement of the sablefish primary fishery.
Actual incremental costs mean those costs that would not have been
incurred but for the implementation and administration of the sablefish
primary fishery. If the amount of fees collected by NMFS is greater or
less than the actual incremental costs incurred, the DPC will be
adjusted accordingly for calculation of the fee percentage in the
following year.
(B) ``V'' is, for the sablefish primary fishery, the total ex-
vessel value, as defined at Sec. 660.211, from the previous calendar
year attributable to the sablefish primary fishery.
(ii) During the first quarter of each calendar year, NMFS will
announce:
(A) The fee percentage to be applied to sablefish primary fishery
landings, that will be in effect for the calendar year, and
(B) Information on how to pay into the Fund subaccount as specified
at paragraph (c)(4) of this section.
(3) Fee amount. The fee amount is the ex-vessel value of the
sablefish primary fishery landing, as defined at Sec. 660.211,
multiplied by the fee percentage as announced in accordance with
paragraph (c)(2)(ii) of this section.
(4) Fee applicability, collection, and payment--
(i) Fee applicability, payment, and collection in the sablefish
primary fishery: Fees at the fee percentage rate announced in paragraph
(2)(ii) of this section begin applying on April 1 and continue without
interruption through December 31 each year. The vessel owner or
authorized representative must collect the fee upon each sablefish
primary fishery landing made by their vessel. The payment of the
collected fees is described below.
(A) The vessel owner or authorized representative may make payments
for the fees throughout the primary season.
(B) NMFS will issue an annual bill in the first quarter of the year
following the fishing year ending on December 31. The annual bill will
deduct any earlier payments of fees from vessel owner or authorized
representative.
(C) Each vessel owner or authorized representative must pay the fee
identified in the annual bill upon issuance of the annual bill for the
ex-vessel value, as defined at Sec. 660.211. Payment of the fee must
be received no later than 30 days of the issuance of the annual bill.
(ii) Upon issuance of the annual bill, which will deduct any fee
payments made by the vessel owner throughout the primary season, the
vessel owner or authorized representative shall disburse the fee amount
identified in the annual bill by electronic payment to the Pay.gov Fund
subaccount. NMFS will announce information about how to make an
electronic payment to the Fund subaccount in the notification on fee
percentage specified in paragraph (c)(2)(ii) of this section as well as
on the bill. Each disbursement must be accompanied by a cost recovery
form provided by NMFS. Recordkeeping and reporting requirements are
specified in Sec. 660.213(f). The cost recovery form will be available
on the <a href="http://pay.gov">pay.gov</a> website.
(5) Failure to pay or collect--
(i) If NMFS determines the vessel owner or other responsible party
has not submitted a complete cost recovery form and corresponding
payment by the due date specified in paragraph (c)(4)(i)(A) of this
section, NMFS will notify the vessel owner or other responsible party
in writing via an initial administrative determination (IAD) letter.
(A) In the IAD, NMFS will state the discrepancy in payment and
provide the person 30 calendar days to either pay the specified amount
due or appeal the IAD in writing.
(B) If the vessel owner or authorized representative appeals an
IAD, the appeal must be emailed to NMFS at <a href="/cdn-cgi/l/email-protection#781b170b0c560a1d1b170e1d0a01560f1b0a3816171919561f170e"><span class="__cf_email__" data-cfemail="42212d31366c3027212d3427303b6c352130022c2d23236c252d34">[email protected]</span></a>
no later than 30 calendar days after the date on the IAD. If the last
day of the time period is a Saturday, Sunday, or Federal holiday, the
time period will extend to the close of business on the next business
day. The appeal must be in writing, must allege credible facts or
circumstances, and must include any relevant information or
documentation to support the appeal.
(C) NMFS will make a final decision according to the steps below.
(1) For the appeal of an IAD, the Regional Administrator shall
appoint an appeals officer. After determining there is sufficient
information and that all procedural requirements have been met, the
appeals officer will review the record and issue a recommendation on
the appeal to the Regional Administrator, which shall be advisory only.
The recommendation must be based solely on the record. Upon receiving
the findings and recommendation, the Regional Administrator, acting on
behalf of the Secretary of Commerce, will issue a written decision on
the appeal which is the final decision of the Secretary of Commerce.
(2) If the vessel owner or authorized representative does not
appeal the IAD within 30 calendar days, NMFS will notify the vessel
owner or other responsible party in writing via a final decision
letter. The final decision will be from the Regional Administrator
acting on behalf of the Secretary of Commerce.
(3) If the final decision determines that the vessel owner is out
of compliance, the final decision will require payment within 30
calendar days. If such payment is not received within 30 calendar days
of issuance of the final decision, NMFS will refer the matter to the
appropriate authorities for purposes of collection. NMFS will not
register the vessel to any limited entry non-trawl permit with a
sablefish primary fishery permit until the fees are paid.
(6) Recordkeeping, reporting, and audits--
(i) Each vessel owner or authorized representative shall retain
records in accordance with Sec. 660.213(f).
(ii) Each vessel owner or authorized representative shall submit
reports in accordance with Sec. 660.213(f).
(iii) NMFS or its agents may audit, in whatever manner NMFS
determines reasonably necessary for the duly diligent administration of
the cost recovery program, the financial records of vessel owners, in
order to ensure proper fee payment, collection, deposit, disbursement,
accounting, recordkeeping, and reporting. Vessel owners or authorized
representatives must respond to any inquiry by NMFS or a NMFS agent
within 20 calendar days of the date of issuance of the inquiry, unless
an extension is granted by NMFS. Vessel owners or authorized
representatives shall make all relevant records available to NMFS or
NMFS's agents at reasonable times and places and promptly provide all
requested information reasonably related to these records. NMFS may
employ a third-party agent to conduct the audits. The NMFS auditor may
review and request copies of additional data provided by the submitter,
including, but not limited to, previously audited or reviewed financial
statements, worksheets, tax returns, invoices, receipts, and other
original documents substantiating the data submitted.
0
25. Amend table 2b (North) to part 660, subpart E by revising the table
headings to read as follows:
[[Page 20635]]
Table 2b (North) to Part 660, Subpart E--Trip Limits for Limited Entry
Non-Trawl North of 40[deg]10' N Lat.
TABLE 2b (NORTH) TO PART 660, SUBPART E--TRIP LIMITS FOR LIMITED ENTRY
NON-TRAWL NORTH OF 40[deg]10' N LAT.
* * * * *
0
26. Amend table 2b (South) to part 660, subpart E by revising the table
headings to read as follows:
Table 2b (South) to Part 660, Subpart E--Trip Limits for Limited Entry
Non-Trawl South of 40[deg]10' N Lat.
TABLE 2b (SOUTH) TO PART 660, SUBPART E--TRIP LIMITS FOR LIMITED ENTRY
NON-TRAWL SOUTH OF 40[deg]10' N LAT.
* * * * *
0
27. Amend Sec. 660.330 by revising paragraph (g) to read as follows:
Sec. 660.330 Open access fishery--management measures.
* * * * *
(g) Essential fish habitat conservation areas (EFHCA). EFHCAs,
defined at Sec. 660.11 and with latitude and longitude coordinates at
Sec. Sec. 660.75 through 660.79, apply to vessels using bottom trawl
gear or bottom contact gear, defined at Sec. 660.11, and includes non-
groundfish trawl gear and limited entry non-trawl gear (e.g., longline
and pot/trap,) among other gear types. EFHCAs closed to bottom contact
gear are listed at Sec. 660.12(a). EFHCAs closed to bottom trawl gear
are listed at Sec. 660.312(d).
[FR Doc. 2026-07537 Filed 4-16-26; 8:45 am]
BILLING CODE 3510-22-P
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</html>Indexed from Federal Register on April 17, 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.