Proposed Rule2026-19346
Magnuson-Stevens Act Provisions; Fisheries Off West Coast States; Pacific Coast Groundfish Fishery; Pacific Coast Groundfish Fishery Management Plan; Amendment 38; 2027-28 Biennial Specifications and Management Measures
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Published
September 22, 2026
Issuing agencies
Commerce DepartmentNational Oceanic and Atmospheric Administration
Abstract
This rule proposes 2027-28 harvest specifications and management measures for groundfish caught in the U.S. exclusive economic zone seaward of Washington, Oregon, and California, consistent with the Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-Stevens Act or MSA) and the Pacific Coast Groundfish Fishery Management Plan (Groundfish FMP). This rule also includes proposed regulations to implement amendment 38 to the Groundfish FMP, which would remove rebuilding plan requirements for yelloweye rockfish and California quillback rockfish. Lastly, this rule includes proposed regulations to modify select fishery closures that apply to both groundfish and Pacific halibut.
Full Text
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[Federal Register Volume 91, Number 182 (Tuesday, September 22, 2026)]
[Proposed Rules]
[Pages 60238-60285]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-19346]
Vol. 91
Tuesday,---
No. 182
September 22, 2026
Part III
Department of Commerce
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National Oceanic and Atmospheric Administration
50 CFR Parts 300 and 660
Magnuson-Stevens Act Provisions; Fisheries Off West Coast States;
Pacific Coast Groundfish Fishery; Pacific Coast Groundfish Fishery
Management Plan; Amendment 38; 2027-28 Biennial Specifications and
Management Measures; Proposed Rule
Federal Register / Vol. 91, No. 182 / Tuesday, September 22, 2026 /
Proposed Rules
[[Page 60238]]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Parts 300 and 660
[Docket No. 260916-0002]
RIN 0648-BO46
Magnuson-Stevens Act Provisions; Fisheries Off West Coast States;
Pacific Coast Groundfish Fishery; Pacific Coast Groundfish Fishery
Management Plan; Amendment 38; 2027-28 Biennial Specifications and
Management Measures
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 rule proposes 2027-28 harvest specifications and
management measures for groundfish caught in the U.S. exclusive
economic zone seaward of Washington, Oregon, and California, consistent
with the Magnuson-Stevens Fishery Conservation and Management Act
(Magnuson-Stevens Act or MSA) and the Pacific Coast Groundfish Fishery
Management Plan (Groundfish FMP). This rule also includes proposed
regulations to implement amendment 38 to the Groundfish FMP, which
would remove rebuilding plan requirements for yelloweye rockfish and
California quillback rockfish. Lastly, this rule includes proposed
regulations to modify select fishery closures that apply to both
groundfish and Pacific halibut.
DATES: Comments must be received no later than October 22, 2026.
ADDRESSES: A plain language summary of this proposed rule is available
at <a href="https://www.regulations.gov/docket/NOAA-NMFS-2026-1354">https://www.regulations.gov/docket/NOAA-NMFS-2026-1354</a>. You may
submit your comments on the exempted fishing permit (EFP) applications
(described in section III, I) and the proposed rule, identified by
NOAA-NMFS-2026-1354, by the following method:
<bullet> Electronic Submissions: 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 enter NOAA-NMFS-2026-1354 in the Search box.
Click the ``Comment'' icon, complete the required fields, and enter or
attach your comments. The EFP applications will be available under
Supporting Documents through the same link.
Instructions: Comments must be submitted by the above method to
ensure that the comments are received, documented, and considered by
NMFS. 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. All comments received are a part of the public record and
NMFS will post them 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 is publicly accessible.
NMFS will accept anonymous comments (enter ``N/A'' in the required
fields if you wish to remain anonymous). Please specify whether the
comments provided are associated with the proposed rule or EFP
applications.
Electronic Access
This rule is accessible via the internet at the Office of the
Federal Register website at <a href="https://www.federalregister.gov/">https://www.federalregister.gov/</a>. The draft
Analysis, which includes an Environmental Assessment (EA) that
addresses the National Environmental Policy Act (NEPA), as well as
analyses that address Presidential Executive Order (E.O.) 12866, the
Regulatory Flexibility Act (RFA), and the statutory requirements of the
Magnuson-Stevens Act is accessible via NMFS West Coast Region website
at: <a href="https://www.fisheries.noaa.gov/region/west-coast">https://www.fisheries.noaa.gov/region/west-coast</a>. The current Stock
Assessment and Fishery Evaluation (SAFE) report for Pacific Coast
groundfish, as well as the SAFE reports for previous years, are
available from the Pacific Fishery Management Council's (Council)
website at <a href="https://www.pcouncil.org/stock-assessments-star-reports-stat-reports-rebuilding-analyses-terms-of-reference/">https://www.pcouncil.org/stock-assessments-star-reports-stat-reports-rebuilding-analyses-terms-of-reference/</a>. The SAFE will be
updated to reflect any relevant changes from this action by the
publication of the final rule. Any in-text citation referencing an
``Agenda Item'' refers to Council briefing book materials, which are
available at <a href="https://www.pcouncil.org">https://www.pcouncil.org</a> (click the ``+'' icon next to
``Council meetings'' and then select the specific briefing book you
wish to access). Any in-text citation referencing a peer-reviewed stock
assessment is available on the Council's website at <a href="https://www.pcouncil.org/stock-assessments-star-reports-stat-reports-rebuilding-analyses-terms-of-reference/groundfish-stock-assessment-documents/">https://www.pcouncil.org/stock-assessments-star-reports-stat-reports-rebuilding-analyses-terms-of-reference/groundfish-stock-assessment-documents/</a>. Last, the Council Analytical Document prepared to support
the Council's final action is currently available as Agenda Item E.6
Attachment 2 in the June 2026 briefing book (see <a href="https://www.pcouncil.org">https://www.pcouncil.org</a>). This document will be updated to reflect the
Council's final action by the publication of the final rule.
FOR FURTHER INFORMATION CONTACT: Lynn Massey, Fishery Management
Specialist, at 562-900-2060 or <a href="/cdn-cgi/l/email-protection#55392c3b3b7b38342626302c153b3a34347b323a23"><span class="__cf_email__" data-cfemail="5d3124333373303c2e2e38241d33323c3c733a322b">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
I. Background
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 Council developed the Groundfish FMP
pursuant to the MSA (16 U.S.C. 1801 et seq.). The Secretary of Commerce
approved the Groundfish FMP and implemented the provisions of the plan
through Federal regulations at 50 CFR part 660, subparts C through G.
The Groundfish FMP currently manages more than 90 species of roundfish,
flatfish, rockfish, sharks, and skates.
Chapter 5 of the Groundfish FMP requires the Council to assess the
biological, social, and economic conditions of the Pacific Coast
groundfish fishery and use this information to develop harvest
specifications and management measures at least biennially. This
proposed rule is based on the Council's final recommendations for
harvest specifications and management measures for the 2027-28 biennium
made at its April and June 2026 meetings.
The Council deemed the proposed regulations necessary and
appropriate to implement these actions in a July 30, 2026, letter from
Council Executive Director, Merrick Burden, to Regional Administrator
Jennifer Quan. Under the MSA, NMFS is required to publish proposed
rules for comment after preliminarily determining whether they are
consistent with applicable law. We are seeking public comment on the
proposed regulations in this action and whether they are consistent
with the Groundfish FMP, the MSA and its National Standards, and other
applicable law.
NMFS published a Notice of Availability (NOA) to announce the
proposed amendment 38 to the Groundfish FMP (referred to
interchangeably as ``the amendment'') on July 21, 2026 (91 FR 45764).
The NOA requests public review and comment on proposed changes to the
Groundfish FMP document and the draft Analysis prepared for the action
(see ADDRESSES). Public comments are being solicited on the amendment
through September 19, 2026, which is
[[Page 60239]]
the end of the comment period for the NOA. Public comments on the
amendment must be received by the end of the comment period on the
amendment, as published in the NOA, to be considered in the approval/
disapproval decision on the amendment. All comments received by the end
of the comment period on the amendment, whether specifically directed
to the amendment, or the proposed rule, will be considered in the
approval/disapproval decision. To be considered, comments must be
received by close of business on the last day of the comment period;
that does not mean postmarked or otherwise transmitted by that date.
A. Specification and Management Measure Development Process
In 2025, NOAA's Northwest Fisheries Science Center (NWFSC)
conducted benchmark stock assessments for chilipepper rockfish
(coastwide), California quillback rockfish (south of 42[deg] North
latitude (N lat.)), rougheye/blackspotted rockfish (coastwide),
sablefish (coastwide), and yellowtail rockfish (north of 40[deg]10' N
lat.). The NWFSC also conducted update assessments for widow rockfish
(coastwide) and yelloweye rockfish (coastwide). Additionally, the NWFSC
conducted catch-only projections for black rockfish (Oregon), bocaccio
(coastwide), canary rockfish (coastwide), darkblotched rockfish
(coastwide), petrale sole (coastwide), and shortspine thornyhead
(coastwide). The NWFSC did not update any assessments for the remaining
stocks managed under the FMP, so harvest specifications for these
stocks are based on assessments from previous years. The full stock
assessments used to set catch limits for this biennium are available on
the Council's website (see Electronic Access under ADDRESSES).
The Council's stock assessment review panel (STAR panel) reviewed
the benchmark stock assessments for technical merit, and to determine
that each stock assessment document was sufficiently complete. The
Council's Scientific and Statistical Committee (SSC) reviewed all of
the stock assessments and STAR panel reports and made its
recommendations to the Council on the best scientific information
available (BSIA) for the 2027-28 biennium (Agenda Item G.3, September
2025 meeting; Agenda Item F.2, November 2025 meeting; Agenda Item D.2,
March 2026 meeting).
The Council considered the new stock assessments, stock assessment
updates, catch-only projections, public comments, recommendations from
the SSC, and advice from its advisory bodies over the course of six
Council meetings during development of its recommendations for the
2027-28 harvest specifications and management measures. At each Council
meeting between June 2025 and June 2026, the Council made a series of
decisions and recommendations that were, in some cases, refined after
further analysis and discussion. Agenda Item E.8, Supplemental
Attachment 1, June 2025 describes the Council's meeting schedule for
developing the 2027-28 biennial harvest specifications. Additionally,
detailed information, including the supporting documentation the
Council considered at each meeting, is available at the Council's
website at <a href="https://www.pcouncil.org">https://www.pcouncil.org</a>.
The 2027-28 biennial management cycle is the sixth cycle following
Groundfish FMP amendment 24 (80 FR 12567, March 10, 2015), which
established initial default harvest control rules for the fishery and
was analyzed through an Environmental Impact Statement (EIS) (Final
Environmental Impact Statement for Pacific Coast Groundfish Harvest
Specifications and Management Measures for 2015-2016 and Biennial
Periods Thereafter, and amendment 24 to the Groundfish FMP, published
January 2015). The EIS described the ongoing implementation of the
Groundfish FMP and the selection of the initial default harvest control
rules. Under the amendment 24 framework, the harvest control rules used
to determine the previous biennium's harvest specifications (i.e.,
overfishing limits (OFLs), acceptable biological catches (ABCs), and
annual catch limits (ACLs)) are applied as the default harvest control
rule to determine the next biennium's harvest specifications after
applying the BSIA. NMFS implements harvest specifications based on the
harvest control rules used in the previous biennium unless the Council
makes a recommendation, and NMFS concurs, to deviate from the default
based on new scientific or other information. This rule therefore
implements default harvest control rules, consistent with the harvest
control rules implemented for the last biennium (i.e., 2025-26), for
most stocks, and discusses Council-recommended departures from the
defaults. The draft Analysis supporting this action identifies the
Council's preferred harvest control rules, management measures, and
other management changes for the 2027-28 biennium and will be posted on
the NMFS West Coast Region web page (see Electronic Access under
ADDRESSES).
II. Proposed Harvest Specifications
This proposed rule would set 2027-28 harvest specifications and
management measures for the 90+ groundfish stocks or management units
which currently have ACLs or ACL contributions to stock complexes
managed under the Groundfish FMP, except for Pacific whiting. Pacific
whiting harvest specifications are established annually through a
separate bilateral process with Canada.
The proposed OFLs, ABCs, and ACLs are based on the best available
biological and socioeconomic data, including projected biomass trends,
information on assumed distribution of stock biomass, and revised
technical methods used to calculate stock biomass. The Groundfish FMP
specifies a series of three stock categories for the purpose of setting
maximum sustainable yield (MSY),\1\ OFLs, ABCs, ACLs, and rebuilding
standards. Category 1 represents the highest level of information
quality available, while Category 3 represents the lowest. Category 1
stocks are the relatively few stocks for which the NWFSC can conduct a
``data rich'' quantitative stock assessment that incorporates catch-at-
age, catch-at-length, or other data. The SSC can generally calculate
OFLs and overfished/rebuilding thresholds for these stocks, as well as
ABCs, based on the uncertainty of the biomass estimated within an
assessment or the variance in biomass estimates between assessments.
Category 2 stocks include a large number of stocks for which some
biological indicators are available, yet status is based on a ``data
moderate'' quantitative stock assessment. Category 3 stocks include
minor stocks which are caught, but for which there is, at best, only
information on landed biomass. For stocks in this category, there is
limited data available for the SSC to quantitatively determine MSY,
OFL, or an overfished threshold. Typically, catch-based methods (e.g.,
depletion-based stock reduction analysis, depletion corrected average
catch, and average catches) are used to determine the OFL for Category
3 stocks. A detailed description of each of these categories can be
found in Section 4.2 of the Groundfish FMP.
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\1\ MSY is the largest long-term average catch that can be taken
from a fish stock under prevailing environmental and fishery
conditions, while preventing overfishing.
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A. Proposed OFLs for 2027 and 2028
The OFL serves as the maximum amount of fish that can be caught in
a
[[Page 60240]]
year without resulting in overfishing. Overfishing occurs when a
stock's harvest rate, denoted as F<INF>x</INF><not-eq>, is set higher
than the rate that produces the stock's MSY. The SSC derives OFLs for
groundfish stocks with stock assessments by applying the harvest rate
to the current estimated biomass (B). Harvest rates represent the rates
of fishing mortality (F) that will reduce the female spawning potential
ratio (SPR) to X percent of its unfished level. The Groundfish FMP
defines SPR as the average fecundity of a recruit over its lifetime
when the stock is fished divided by the average fecundity of a recruit
over its lifetime when the stock is unfished. The SPR is based on the
principle that a certain biomass of fish has to survive in order to
spawn and replenish the stock at a sustainable level. As an example, a
harvest rate of F<INF>40</INF><not-eq> means the harvest rate that
would fish 60 percent of the population, thereby reducing the stock to
40 percent of its unfished level (abbreviated as
B<INF>40</INF><not-eq>). F<INF>40</INF><not-eq> is more aggressive than
F<INF>45</INF><not-eq> or F<INF>50</INF><not-eq> harvest rates because
F<INF>40</INF><not-eq> allows more fishing mortality on a stock (as it
allows a harvest rate that would reduce the stock to 40 percent of its
unfished level, while F<INF>45</INF><not-eq> or F<INF>50</INF><not-eq>
would reduce the stock to 45 percent and 50 percent of its unfished
level). The OFL set by the SSC does not explicitly account for
scientific or management uncertainty; therefore, the SSC typically
recommends an ABC that is lower than the OFL in order to account for
scientific uncertainty, including the scientific uncertainty related to
the assessment for a stock. Usually, the greater the amount of
scientific uncertainty, the lower the ABC is set compared to the OFL.
For all species except widow rockfish, the Council maintained its
policy of using a default harvest rate as a proxy for the fishing
mortality rate that is expected to achieve MSY (F<INF>MSY</INF>) for
the 2027-28 biennium. The Council also maintained the same default
harvest rate proxies as used in the 2025-26 biennium, based on the
SSC's recommendations: F<INF>30</INF><not-eq> for flatfish (meaning an
SPR harvest rate that would reduce the spawning potential to 30 percent
of its unfished level), F<INF>50</INF><not-eq> for rockfish (including
longspine and shortspine thornyheads), F<INF>50</INF><not-eq> for
elasmobranchs, and F<INF>45</INF><not-eq> for other groundfish such as
sablefish and lingcod. For widow rockfish, the Council adopted the SSC
recommendation to use a different proxy, spawning biomass at 40 percent
(SB<INF>40</INF><not-eq>), meaning an SPR harvest rate that would
reduce the spawning stock biomass to 40 percent of its unfished level.
For unassessed stocks, the Council recommended using a historical
catch-based approach (e.g., average catch, depletion-corrected average
catch, or depletion-based stock reduction analysis) to set the OFL. See
tables 1a and 2a to Part 660, subpart C in the proposed regulatory text
supporting this rule for the proposed 2027-28 OFLs. The SAFE document
for 2026 will include a detailed description of the scientific basis
for all of the SSC-recommended OFLs proposed in this rule and will be
available at the Council's website at <a href="https://www.pcouncil.org">https://www.pcouncil.org</a>.
B. Proposed ABCs for 2027 and 2028
The ABC is the stock or stock complex's OFL reduced by an amount
associated with scientific uncertainty. The SSC-recommended P star
(P*)-sigma ([sigma]) approach determines the amount by which the OFL is
reduced to account for this uncertainty. Under this approach, the SSC
recommends a [sigma] value. The [sigma] value is generally based on the
scientific uncertainty in the biomass estimates generated from stock
assessments and is usually related to the stock category. After the SSC
determines the appropriate [sigma] value, the Council chooses a P*
based on its chosen level of risk aversion to address the consequences
of the stock being elsewhere within the uncertainty represented by
[sigma]. A P* of 0.5 equates to no additional reduction beyond the
[sigma] value reduction. The Groundfish FMP specifies that the upper
limit of P* will be 0.45, thus always ensuring at least some additional
reduction beyond the [sigma] value reduction. The P*- [sigma] approach
is discussed in detail in the proposed and final rules for the 2011-12
biennial harvest specifications and management measures (75 FR 67810,
November 3, 2010; 76 FR 27508, May 11, 2011) and the 2013-14 biennial
harvest specifications and management measures (77 FR 67974, November
14, 2012; 78 FR 580, January 3, 2013).
For the 2027-28 biennium, the SSC quantified major sources of
scientific uncertainty in the estimates of OFLs and generally
recommended a [sigma] value of 0.5 for Category 1 stocks, a [sigma]
value of 1.0 for Category 2 stocks, and a [sigma] value of 2.0 for
Category 3 stocks. The single exception was for California quillback
rockfish; the SSC chose a [sigma] value between one and two because,
although there was enough data used in the assessment for California
quillback rockfish to be a Category 1 stock, there remained enough
uncertainty in the assessment results and sensitivity to model
assumptions to warrant a larger buffer between the OFL and ABC. For
Category 2 and 3 stocks, there is greater scientific uncertainty in the
OFL estimate because the assessments for these stocks are informed by
less data or less informative data than the assessments for Category 1
stocks. Therefore, the scientific uncertainty buffer is generally
greater than that recommended for stocks with data-rich stock
assessments. Assuming the same P* is applied, a larger [sigma] value
results in a larger reduction from the OFL. For 2027-28, the Council's
ABC recommendations are consistent with the general policy of using the
SSC-recommended [sigma] values for each stock category, with the
exception of those species that have either constant catch alternative
harvest control rules (petrale sole, rougheye/blackspotted rockfish,
shortspine thornyhead, and yellowtail rockfish north of 40[deg]10' N
lat.) or other types of alternative harvest control rules (widow
rockfish).
For 2027-28, the Council maintained the P* policies it established
for the previous biennium for most stocks. The Council recommended
using P* values of 0.45 for all individually managed Category 1 stocks,
except yelloweye rockfish. Combining the Category 1 [sigma] value of
0.5 with the P* value of 0.45 results in a reduction of 6.1 percent
from the OFL when deriving the ABC. For Category 2 stocks, the
Council's general policy was to apply a P* of 0.40, with some
exceptions. The Council recommended applying a P* of 0.45 for big
skate, English sole, lingcod north of 40[deg]10' N lat., lingcod south
of 40[deg]10' N lat., longnose skate, Pacific ocean perch, shortspine
thornyhead, blue rockfish in the Oregon blue/deacon/black rockfish
complex, and all Category 2 stocks in the Nearshore Rockfish complexes,
Other flatfish Complex, Shelf Rockfish complexes, and Slope Rockfish
complexes. When combined with the [sigma] values of 1.0 for Category 2,
a P* value of 0.45 corresponds to an 11.8 percent reduction from the
OFL and a P* value of 0.40 corresponds to a 22.4 percent reduction. For
Category 3 stocks, the Council's general policy was to apply a P* value
of 0.45, except the Council recommended a P* value of 0.40 for cowcod
between 40[deg]10' N lat. and 34[deg]27' N lat., Pacific cod, starry
flounder, and all stocks in the Other Flatfish Complex except rex sole,
which was upgraded to a Category 2 stock with a P* of 0.45. When
combined with the [sigma] values of 2.0 for Category 3, a P* value of
0.45 corresponds to 22.2 percent reduction from the OFL and a P* value
of 0.40 corresponds to a 39.8 percent reduction. For three stocks,
including
[[Page 60241]]
yellowtail rockfish north 40[deg]10' N lat., petrale sole, and widow
rockfish, the Council recommended the application of an alternative
harvest control rule, to apply a reduced buffer (i.e., the combination
of the sigma and P*) between the OFL and the ABC/ACL during a phase in
period. See tables 1a and 2a to Part 660, subpart C in the proposed
regulatory text supporting this rule for the proposed 2027-28 ABCs. The
2026 SAFE will be updated to include the full description of [sigma]
and P* values by stock by the publication of the final rule and will be
available at the Council's website at <a href="https://www.pcouncil.org">https://www.pcouncil.org</a>.
C. Proposed ACLs for 2027 and 2028
The Council recommends ACLs for each groundfish stock or management
unit in the Groundfish FMP. To determine the ACL for each stock, the
Council will determine the best estimate of current stock abundance and
its relation to the precautionary and overfished/rebuilding thresholds.
Under the Groundfish FMP, the biomass level that produces MSY, or
B<INF>MSY</INF>, is defined as the precautionary threshold. When the
biomass for an assessed Category 1 or 2 stock falls below
B<INF>MSY</INF> (i.e., the precautionary threshold) but is above the
overfishing/rebuilding threshold, it is considered to be in the
precautionary zone. When a stock is in the precautionary zone, the ACL
is set below the ABC using a harvest rate reduction, referred to as the
``40-10 rule'' or ``40-10 adjustment'', to help the stock return to the
B<INF>MSY</INF> level, which is the management target for groundfish
stocks. The Groundfish FMP uses the 40-10 harvest control rule as the
standard reduction for non-flatfish stocks with a B<INF>MSY</INF> proxy
of B<INF>40</INF><not-eq> that are in the precautionary zone. The
analogous harvest control rule with the standard reduction for assessed
flatfish stocks is the 25-5 harvest control rule with a B<INF>MSY</INF>
proxy of B<INF>25</INF><not-eq>. The further the stock biomass is below
the precautionary threshold, the greater the reduction in ACL relative
to the ABC. If B<INF>10</INF><not-eq> for a stock with a
B<INF>MSY</INF> proxy of B<INF>40</INF><not-eq> is reached, or if
B<INF>5</INF><not-eq> for a stock with a B<INF>MSY</INF> proxy of
B<INF>25</INF><not-eq> is reached, then ACL would be set at zero. If a
stock biomass is larger than B<INF>MSY</INF>, the ACL may be set equal
to the ABC, or the ACL may be set below the ABC to address conservation
objectives, socioeconomic concerns, management uncertainty, or other
factors necessary to meet management objectives. The overfished/
rebuilding threshold is 25 percent of the estimated unfished biomass
level for non-flatfish stocks or 50 percent of B<INF>MSY</INF>, if
known. The overfishing/rebuilding threshold for flatfish stocks is 12.5
percent of the estimated unfished biomass level.
Under Groundfish FMP amendment 24, the Council set up the concept
of default and alternative harvest control rules, which are policies
meant to streamline the setting of ACLs each biennial cycle. Under
amendment 24, the harvest control rules used to determine the previous
biennium's harvest specifications (i.e., OFLs, ABCs, and ACLs), are
automatically applied to the best scientific information available to
determine the future biennium's harvest specifications. A complete
description of the default harvest control rules used for setting ACLs
in the 2015-16 biennium, as well as the policies for future biennia, is
described in the proposed and final rule for the 2015-16 harvest
specifications and management measures (80 FR 678, January 6, 2015) and
Groundfish FMP amendment 24 (80 FR 12567, March 10, 2015).
Under the Groundfish FMP, harvest control rules are typically
applied at the component species level for stock complexes to calculate
ACLs. Resulting contribution values of each component species, or ACL
contributions, are summed to equal the stock complex ACLs. For example,
the ACL contribution of chilipepper rockfish north of 40[deg]10' N lat
contributes to the overall ACL for the Shelf Rockfish Complex for north
of 40[deg]10' N lat. Under the Groundfish FMP, the Council may
recommend setting the ACL at a different level than what the default
harvest control rules specify, as long as the ACL does not exceed the
ABC and complies with the requirements of the MSA. For most of the
stocks and stock complexes managed with harvest specifications for
2027-28, the Council chose to maintain the default harvest control
rules from the previous biennial cycle. Table 1 presents a summary of
the proposed changes to default harvest control rules for certain
stocks for 2027-28. Each of these changes is discussed further below.
[[Page 60242]]
[GRAPHIC] [TIFF OMITTED] TP22SE26.004
Canary Rockfish
Canary rockfish is a Category 1 stock managed with coastwide
harvest specifications. Canary rockfish are caught in all sectors, both
commercial and recreational. The default harvest control rule from the
prior biennium is ABC > ACL, via the 40-10 rule, P* 0.45. In 2023, the
NWFSC conducted a full benchmark stock assessment (see Electronic
Access under ADDRESSES), which estimated the stock at
B<INF>35</INF><INF>%</INF>, and therefore below the management target
of B<INF>40</INF><INF>%</INF>. This designated canary rockfish as in
the precautionary zone (i.e., below the management target of
B<INF>40</INF><INF>%</INF>, but still above the overfished threshold of
B<INF>25</INF><INF>%</INF>), which enacted the automatic application of
the 40-10 adjustment to the harvest control rule used to set 2025-26
ACLs. This decreased the 2025 ACL from the 2024 ACL by 56 percent
(1,296 mt to 571 mt), which consequently led to substantive reductions
in sector allocations and resulting fishery constraints across all
sectors. These constraints were consistently reported by industry
representatives throughout the 2025 fishing year, which led the Council
to request a catch-only projection mid-biennium to investigate the
potential to increase 2026 harvest specifications. In 2025, the NWFSC
conducted a catch-only projection (see Electronic Access under
ADDRESSES), which included more recent catch information, as well as
options for changes to 2026 harvest specifications. The catch-only
projection showed that there was a higher biomass of canary rockfish
available for harvest than previously thought when the 2023 benchmark
assessment was conducted. Therefore, NMFS implemented, in alignment
with the Council's recommendation, a temporary emergency rule to
increase 2026 canary rockfish harvest specifications and sector
allocations in accordance with the 2025 catch-only projection (91 FR
2714; January 22, 2026). The catch-only projection estimates the stock
will be at B<INF>34</INF><INF>%</INF> at the start of 2027, indicating
the stock will still be in the precautionary zone for the upcoming
2027-28 biennium, but above the B<INF>25</INF><INF>%</INF> overfished
threshold.
Given the anticipation of ongoing fishery constraints in 2026 and
beyond, NMFS is proposing, in alignment with the Council's
recommendation, a less precautionary alternative harvest control rule
for canary rockfish in the 2027-28 biennium: ABC = ACL, P* 0.45,
without the application of the 40-10 rule. As presented in the catch-
only projection and explained in the draft Analysis (see ADDRESSES),
the stock is not expected to fall below the overfished threshold in the
10-year projection period from 2027 to 2036. Additionally, the
alternative harvest control rule would increase the 2027 and 2028 ACLs
by 37 mt and 41 mt as compared to the default harvest control
[[Page 60243]]
rule, which is expected to provide meaningful relief to the fishing
industry.
Chilipepper Rockfish
Chilipepper rockfish is a Category 1 stock managed south of
40[deg]10' N lat. with species-specific harvest specifications and
north of 40[deg]10' N lat. as a component stock in the northern Shelf
Rockfish Complex. Harvest specifications are apportioned north (7
percent) and south (93 percent) of 40[deg]10' N lat. based on average
historical landings. Chilipepper rockfish is primarily caught in the
commercial midwater trawl sector but has been increasingly targeted by
the commercial non-trawl sector in recent years. The default harvest
control rule from the prior biennium is ABC = ACL, P* 0.45. In 2025,
the NWFSC conducted a full benchmark stock assessment (see Electronic
Access under ADDRESSES), which estimated the stock at
B<INF>83.2</INF><INF>%</INF> in 2025, indicating the stock is healthy.
Although ACLs could be substantively increased under the default
harvest control rule for the upcoming biennium, the Council initially
considered a more conservative alternative harvest control where the
ACL would be set equal to 2,114 mt for both 2027 and 2028; 2,114 mt is
a reference point from the stock assessment that represents a long-term
average yield under the fishing rate that produces an SPR of 50
percent. An SPR of 50 percent is used in the Council's default harvest
policy to set the OFL by applying the SPR to current and projected
estimated biomass. The Council considered this more conservative
approach to setting harvest specifications for chilipepper rockfish
because the 10-year projection in the 2025 stock assessment displayed a
steep decrease in harvest specifications in future biennia after 2027-
28. Under the more conservative alternative harvest control rule, catch
limits would remain more consistent over the 10-year projection.
However, NMFS is proposing, in alignment with the Council's
recommendation, to set harvest specifications according to the default
harvest control rule, as new potential markets were identified in
central California for chilipepper rockfish, and higher catch limits
may enable those markets to be fulfilled. The default harvest control
rule would increase the 2027 and 2028 ACLs by 1,020 mt and 904 mt
respectively, as compared to the alternative harvest control rule.
Petrale Sole
Petrale sole is a Category 1 stock managed with coastwide harvest
specifications. Petrale sole is primarily caught in the commercial
bottom trawl sector but has also been increasingly caught in the
commercial and recreational non-trawl sectors due to locational shifts
in effort from seasonal closures. In 2023, the NWFSC conducted a
benchmark stock assessment (see Electronic Access under ADDRESSES) that
estimated the stock at B<INF>33.6</INF><INF>%</INF> in 2023, which is
above the management target of B<INF>25</INF><INF>%</INF> for flatfish
species. Although this indicates the stock was healthy in the 2023-24
biennium, the stock assessment projected declining biomass in the
future due to below-average recruitment in recent years, which led to a
28 percent decrease in the 2025 ACL compared to the 2024 ACL (3,285 mt
to 2,354 mt). Similar to canary rockfish, this substantive ACL decrease
led to consistent reports of fishing constraints from industry
representatives and the Council's subsequent request for a mid-biennium
catch-only projection to investigate the possibility of increasing 2026
harvest specifications. In 2025, the NWFSC conducted a catch-only
projection for petrale sole (see Electronic Access under ADDRESSES),
which included more recent catch information, as well as options for
changes to 2026 harvest specifications. The catch-only projection
showed that there was a higher biomass of petrale sole available for
harvest than previously thought when the 2023 benchmark assessment was
conducted. Therefore, NMFS implemented, in alignment with the Council's
recommendation, a temporary emergency rule to increase petrale sole
harvest specifications and allocations in accordance with the 2025
catch-only projection (91 FR 2714; January 22, 2026). The catch-only
projection estimates the stock will be at B<INF>26</INF><INF>%</INF> at
the start of 2027, indicating the stock will still be above the
management target of B<INF>25</INF><INF>%</INF> for flatfish species.
Given the anticipation of ongoing fishery constraints in 2026, NMFS
is proposing, in alignment with the Council's recommendation, a less
precautionary alternative harvest control rule for petrale sole in the
2027-28 biennium: Constant ABC = ACL 2,489 mt. This value is the same
as the ACL implemented in the 2026 emergency rule (91 FR 2714; January
22, 2026). As presented in the catch-only projection and explained in
the draft Analysis (see ADDRESSES), the stock is not expected to fall
below the overfished threshold in the 10-year projection period from
2027 to 2036. Additionally, the alternative harvest control rule for
petrale sole would increase the ACLs by 40 mt in 2027 and 66 mt in
2028, relative to the default harvest control rule, which is expected
to provide meaningful relief to the fishing industry.
Rougheye/Blackspotted Rockfish
Rougheye/blackspotted rockfish is a Category 2 stock managed north
and south of 40[deg]10' N lat. as a component stock in the Slope
Rockfish complexes. Coastwide OFLs are apportioned north (98 percent)
and south (2 percent) of 40[deg]10' N lat. based on average landings
during the 1985-2012 time period, and contribute tonnage to the
respective harvest specifications of the stock complex assemblages.
Rougheye/blackspotted rockfish are not targeted by any specific sector,
but they are primarily retained as marketable bycatch in the midwater
trawl sector. The default harvest control rule from the last biennium
is ABC = ACL, P* 0.45. In 2025, the NWFSC conducted a full benchmark
stock assessment (see Electronic Access under ADDRESSES), which
estimated the stock at B<INF>87.2</INF><INF>%</INF> in 2025, indicating
the stock is healthy. Although ACLs could be substantively increased
under the default harvest control rule for the upcoming biennium, the
result of the 2025 stock assessment is notably different from the 2013
stock assessment (see Electronic Access under ADDRESSES), and the SSC
noted that various sources of uncertainty in the 2025 stock assessment
warrant a more risk averse approach to harvest (Agenda Item G.3.a
Supplemental SSC Report 2, September 2025). Therefore, NMFS is
proposing, in alignment with the Council's recommendation, a more
conservative alternative harvest control rule where the ACL is set
equal to 300 mt for both 2027 and 2028. 300 mt is the maximum mortality
reported in the Groundfish Expanded Mortality Multi-year data report;
thus, it is not anticipated to constrain the fishery. The alternative
harvest control rule for rougheye/blackspotted rockfish reduces the
ACLs by 544 mt in 2027 and 527 mt in 2028, relative to the default
harvest control rule.
Shortspine Thornyhead
Shortspine thornyhead is a Category 2 stock managed with coastwide
harvest specifications. Shortspine thornyhead is primarily caught in
the commercial trawl sector but has been increasingly targeted by the
commercial non-trawl sector in recent years. In 2023, the NWFSC
conducted a length-based data moderate stock assessment (see Electronic
Access under ADDRESSES) that estimated the stock at
B<INF>39.4</INF><not-eq> in 2023, and therefore below the
[[Page 60244]]
management target of 40 percent unfished biomass. This designated
shortspine thornyhead as in the precautionary zone (i.e., below the
management target of B<INF>40</INF><not-eq>, but still above the
overfished threshold of B<INF>25</INF><not-eq>), which enacted the
automatic application under the FMP of the 40-10 adjustment to the
harvest control rule used to set 2025-26 ACLs. This decreased the 2025
ACL from the 2024 ACL by 60 percent (2,030 mt to 815 mt), which led to
substantive reductions in sector allocations and resulting fishery
constraints in the trawl sector. Similar to canary rockfish and petrale
sole, this substantive ACL decrease led to consistent reports of
fishing constraints from industry representatives and the Council's
subsequent request for a mid-biennium catch-only projection to
investigate the possibility of increasing 2026 harvest specifications.
In 2025, the NWFSC conducted a catch-only projection for shortspine
thornyhead (see Electronic Access under ADDRESSES), which included more
recent catch information, as well as options for changes to 2026
harvest specifications. The catch-only projection showed that there was
a higher biomass of shortspine thornyhead available for harvest than
previously thought when the 2023 length-based data moderate assessment
was conducted. Therefore, NMFS implemented, in alignment with the
Council's recommendation, a temporary emergency rule to increase
shortspine thornyhead harvest specifications and allocations in
accordance with the 2025 catch-only projection (91 FR 2714; January 22,
2026). The catch-only projection estimates the stock will be at
B<INF>39.3</INF><not-eq> at the start of 2027, indicating the stock
will still be in the precautionary zone for the upcoming 2027-28
biennium, but above the B<INF>25</INF><not-eq> overfished threshold.
Given the anticipation of ongoing fishery constraints in 2026, NMFS
is proposing, in alignment with the Council's recommendation, a less
precautionary alternative harvest control rule for shortspine
thornyhead in the 2027-28 biennium: Constant ABC = ACL 902 mt. This
value is the same as the ACL implemented in the 2026 emergency rule (91
FR 2714; January 22, 2026). As presented in the catch-only projection
and explained in the draft Analysis (see ADDRESSES), the stock is not
expected to fall below the overfished threshold in the 10-year
projection period from 2027 to 2036. Additionally, the alternative
harvest control rule for shortspine thornyhead would increase the ACLs
by 55 mt in 2027 and 46 mt in 2028, relative to the default harvest
control rule, which is expected to provide meaningful relief to the
fishing industry.
Widow Rockfish
Widow rockfish is a Category 1 stock managed with coastwide harvest
specifications. Widow rockfish is primarily targeted by the midwater
trawl sector but has been increasingly targeted by the commercial non-
trawl sector in recent years. The default harvest control rule from the
last biennium is ABC = ACL, P* 0.45. In 2025, the NWFSC conducted an
update assessment (see Electronic Access under ADDRESSES), which
estimated the stock at B<INF>50.1</INF><not-eq> in 2025. Although this
indicates the stock was healthy in the last biennium, this result
signals a substantive decrease in biomass since the last assessment,
which was an update assessment conducted in 2019 (see Electronic Access
under ADDRESSES). This would cause an approximate 59 percent decrease
in the ACL from 2026 to 2027 under the default harvest control rule,
which would significantly constrain the midwater trawl sector.
The Council explored a broad range of alternative harvest control
rules during the development of the 2027-28 harvest specifications, the
details of which are documented in the Council Analytical Document and
draft Analysis (see ADDRESSES). To avoid expected economic harm to the
fishing industry, NMFS is proposing, in alignment with the Council's
recommendation, an alternative harvest control rule of: SSC-recommended
OFL--1 mt. The SSC recommended an OFL based on the yield associated
with B<INF>40</INF><not-eq> as a justifiable proxy for MSY, and because
the stock is estimated to be above the B<INF>40</INF><not-eq> reference
point. This approach is consistent with recent NOAA technical guidance
(see Informational Report 4, March 2026 briefing book) related to
specifying reference points identified in the MSA's National Standard 1
(NS1) and is expected to prevent overfishing, while allowing for long
term optimum yield. The proposed ABC/ACL of 6,238 mt would be applied
over the next 2 years, which is consistent with NS1 technical guidance
for phase-in provisions. This would yield an ACL that is approximately
40 percent lower than the 2026 ACL (10,392 mt), but 26 percent higher
than the 2027 ACL under the default harvest control rule (4,596 mt).
The recommended ACL is expected to still constrain the midwater trawl
sector, but to a lesser degree than the ACLs under the default harvest
control rule.
Yelloweye Rockfish
Yelloweye rockfish is a Category 1 stock managed with coastwide
harvest specifications. Yelloweye rockfish has been a prohibited
species across all sectors since it was declared overfished and placed
under a rebuilding plan in 2002. In May 2026, NMFS declared yelloweye
rockfish rebuilt. The results of the 2025 stock assessment (see
Electronic Access under ADDRESSES) indicate the stock is at 40.1
percent unfished biomass, which is above both the overfished threshold
of B<INF>25</INF><not-eq> and the management target of
B<INF>40</INF><not-eq>. The default harvest control rule from the prior
biennium, when the stock was still rebuilding, is ABC = ACL, P* 0.40
(SPR = 0.50). Since the stock is now rebuilt, yelloweye rockfish is no
longer required to be managed under a rebuilding plan, and new default
harvest control rules for the rebuilt stock may be considered. However,
given that the stock has just come out of rebuilding, the Council
initially considered a more conservative alternative harvest control
rule of: constant ACL = 85 mt. The 85 mt value is between the 2026 and
2027 ACLs under the default harvest control rule (56.6 mt and 113 mt,
respectively), and was intended to provide some fishing opportunity in
the coming biennium while still maintaining a precautionary
reintroduction to harvest. However, NMFS is proposing, in alignment
with the Council's recommendation, to set harvest specifications
according to the default harvest control rule in order to provide
additional fishing opportunities while maintaining an acceptable level
of risk to the stock. The default harvest control rule would increase
the 2027 and 2028 ACLs by 28 mt relative to the alternative harvest
control rule.
Yellowtail Rockfish North of 40[deg]10' N lat.
Yellowtail rockfish north of 40[deg]10' N lat. is a Category 1
stock managed with its own harvest specifications separately from the
stock of yellowtail rockfish south of 40[deg]10' N lat. Yellowtail
rockfish north of 40[deg]10' N lat. is primarily targeted by the
midwater trawl sector but has been increasingly targeted by the
commercial non-trawl sector in recent years. The default harvest
control rule from the last biennium is ABC = ACL, P* 0.45. In 2025, the
NWFSC conducted an update stock assessment (see Electronic Access under
ADDRESSES), which estimated the stock at 62.6 percent unfished biomass
in 2025. Although this indicates the stock is healthy in the current
biennium, commercial catches have increased with the rebound of the
midwater trawl
[[Page 60245]]
fishery, causing an approximate 22 percent decrease in the ACL from
2026 to 2027 under the default harvest control rule. This decrease is
expected to constrain the midwater trawl sector both in terms of
accessing yellowtail rockfish and targeting co-occurring species, such
as widow rockfish.
Therefore, NMFS is proposing, in alignment with the Council's
recommendation, an alternative harvest control rule that would
implement a phase-in approach that would ramp down the ABC/ACL over the
course of the biennium. For 2027, the ABC/ACL would be set at 5,050 mt
(one mt below the OFL under the default harvest control rule). For
2028, the ABC/ACL would be set at 4,730 mt, which is a value in between
the 2028 OFL under the default harvest control rule and the value that
would have been the 2027 ABC/ACL, if not for the phase-in approach
(4,723 mt). The alternative harvest control rule for yellowtail
rockfish north of 40[deg]10' N lat. increases the ACLs by 327 mt in
2027 and 190 mt in 2028 relative to the default harvest control rule.
These increases are expected to provide meaningful relief to the
fishing industry.
D. Summary of ACL Changes From 2026 to 2027
Table 2 compares the ACLs for major stocks and stock complexes for
2026 and 2027 with harvest specifications set under the Council's
recommended harvest control rules. Under this proposed rule, 14 of the
41 stocks/complexes shown in table 2 would have higher ACLs in 2027
than in 2026 (excludes increases for ACL contributions within stock
complexes), and 24 stocks/complexes would have lower ACLs in 2027 than
in 2026 (excludes decreases for ACL contributions within stock
complexes). Three stocks/complexes (i.e., Pacific cod, the Oregon
cabezon/kelp greenling complex, and petrale sole) would have the same
ACLs in 2027 as in 2026. The ACLs for two stocks (yelloweye rockfish
and California quillback rockfish) would increase by more than 100
percent as a result of their rebuilt stock status. In addition, the ACL
contribution for rougheye/blackspotted rockfish within the slope north
and south of 40[deg]10' N lat. complexes would increase by over 300
percent. These increases are due to new information provided in their
respective 2025 stock assessments (see Electronic Access under
ADDRESSES). The ACLs for four stocks (English sole, sablefish north of
36[deg] N lat., sablefish south of 36[deg] N lat., and splitnose
rockfish) would decrease by over 50 percent. The decreases for
sablefish north of 36[deg] N lat. and sablefish south of 36[deg] N lat.
are due to new information in their 2025 stock assessments (see
Electronic Access under ADDRESSES). The decreases for English sole and
splitnose rockfish are a result of the older age of their assessments,
which over time, applies a larger buffer between the OFL and the ABC/
ACL to account for increasing scientific uncertainty in the biomass
estimates.
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III. Proposed Management Measures
This section describes proposed management measures used to further
allocate the ACLs to the various components of the fishery (i.e.,
biennial fishery harvest guidelines (HGs) and set-asides) and
management measures to control fishing. Management measures for the
commercial fishery serve to modify fishing behavior during the fishing
year to ensure catch does not exceed the ACL, and include trip and
cumulative landing limits, time/area closures, size limits, and gear
restrictions. Management measures for the recreational fisheries
include bag limits, size limits, gear restrictions, fish dressing
requirements, and time/area closures.
A. Deductions From the ACLs
Before making allocations to the primary commercial and
recreational components of groundfish fisheries, the Council recommends
``off-the-top deductions,'' or deductions from the ACLs to account for
anticipated mortality for certain types of activities, including: (1)
harvest in Pacific Coast treaty Indian Tribal fisheries; (2) harvest in
scientific research activities; (3) harvest in non-groundfish fisheries
(incidental catch); and (4) harvest that occurs under EFPs. All off-
the-top deductions proposed for individual stocks or stock complexes
will be published in the 2026 SAFE as opposed to the Federal
regulations, as off-the-top deductions are bycatch estimates and not
formal catch limits. The details of the EFPs are discussed below in
section III, I of this proposed rule.
Pacific Coast Tribal Fisheries
The Quileute Tribe, Quinault Indian Nation, Makah Indian Tribe, and
Hoh Indian Tribe (collectively, ``the Pacific Coast Tribes'') implement
management measures for Tribal fisheries both independently as
sovereign governments and cooperatively with the management measures in
the Federal regulations. The Pacific Coast Tribes work through the
Council process to maintain groundfish set-asides, HGs, and allocations
pursuant to treaty fishing rights and as co-managers of the resource.
The Pacific Coast Tribes may adjust their Tribal fishery management
measures inseason to stay within the Tribal set-asides and allocations
and within the estimated impacts to overfished stocks. Table 3 provides
the Tribal harvest set-asides and allocations proposed for the 2027-28
biennium for groundfish species other than Pacific
[[Page 60248]]
whiting, which is allocated through a separate annual specifications
process with Canada. These targets are consistent with the 2026
targets, with the exception of canary rockfish (decrease to 35 mt),
petrale sole (decreased to 290 mt), sablefish north of 36[deg] N lat.
(decreased to 1,096 mt in 2027 and 1,186 mt in 2026), shortspine
thornyhead (decrease to 40 mt), widow rockfish (decreased to 100 mt),
and yelloweye rockfish (increased to 8 mt).
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The Pacific Coast Tribes proposed trip limit management in Tribal
fisheries for 2027-28 for several stocks, including several rockfish
stocks and stock complexes. This rule proposes the trip limits for
Tribal fisheries, as provided to the Council at its April 2026 meeting
in Supplemental Tribal Report 1, Agenda
[[Page 60249]]
Item C.7 (see proposed regulatory changes for Sec. 660.50).
Scientific Research
NMFS is proposing, in alignment with the Council's recommendation,
the below amounts in table 4 to accommodate mortality from research
activities for the 2027-28 biennium. Research activities include the
NWFSC's West Coast Bottom Trawl survey, the NWFSC's Southern California
Hook-and-Line survey, and the International Pacific Halibut Commission
(IPHC) longline surveys, as well as other Federal and state research
projects. In previous harvest specification cycles, the Council
established research set-asides equal to the long-term maximum or
historical average (beginning in 2003) for all species except yelloweye
rockfish and cowcod, for which custom methodologies were designed for
setting research set-asides. However, many of these long-term maximums
or averages are not reflective of recent mortality trends in scientific
research activities. Therefore, for the 2027-28 biennium, 41 of the 42
stocks or stock complexes that have research set-asides would instead
be set equal to their 5-year median mortality. Using the median allows
for the estimate to be less influenced by higher, often anomalous years
that are unlikely to occur again due to the ephemeral nature of some
research projects. The research set-aside for yelloweye rockfish would
continue to be the custom value of 2.9 mt, which is based on
anticipated needs from known research projects (see Agenda Item F.8.a
Supplemental GMT Report 1, November 2025). The research set-aside for
petrale sole would be the status quo value from 2025, which is 24.1 mt.
Petrale sole is a highly attained stock, and the 2025 ACL was estimated
to be exceeded by 15 mt in 2025. Maintaining the set aside of 24.1 mt,
as opposed to the 5-year median mortality of 15.7 mt, is anticipated to
decrease the risk of exceeding the ACL again (see Agenda Item F.8.a
Supplemental GMT Report 1, November 2025). The amounts in table 4 will
be published in the SAFE.
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Incidental Open Access
NMFS is proposing, in alignment with the Council's recommendation,
the below amounts in table 5 to accommodate mortality of groundfish
taken incidentally in non-groundfish fisheries (i.e., the groundfish
incidental open access (IOA) fisheries). IOA comprises the non-tribal
directed commercial Pacific halibut, limited entry and open access
California halibut, pink shrimp, and other incidental fisheries.
Similar to research mortality, the Council has historically established
IOA set-asides equal to the long-term maximum or historical average
(beginning in 2003) for all species; however, for the 2027-28 biennium,
the Council recommended establishing set-asides based on the new 5-year
average mortality for all 43 stocks or stock complexes that have IOA
set-asides. Using the average for IOA, as opposed to the median for
research, allows the estimate to account for the possibility of large
bycatch events occurring again in the future. The amounts in table 5
will be published in the SAFE.
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Exempted Fishing Permits
Issuing EFPs is authorized by regulations implementing the MSA at
50 CFR 600.745, which state that EFPs may be used to authorize fishing
activities that would otherwise be prohibited. The Council routinely
considers EFP applications concurrently with the biennial harvest
specifications and management process because expected catch under most
EFP projects is accounted for via off-the-top deductions from ACLs.
However, both EFP applications recommended by the Council for 2027-28
do not request off-the-top deductions from ACLs and plan to account for
their catch via other methods. A detailed description of these EFP
proposals is provided in section III, I of this preamble.
Recreational Sablefish Set-aside
The allocation framework for sablefish north of 36[deg] N lat. was
set up under amendment 6 to Groundfish FMP (57 FR 54001; November 16,
1992). This framework deducts a set-aside from the ACL to account for
mortality in the recreational fisheries. The set-aside amount is
usually based on the maximum historical value of sablefish caught in
recreational fisheries. NMFS is proposing, in alignment with the
Council's recommendation, increasing the recreational set-aside from 30
mt in the 2025-26 biennium to 50 mt for the 2027-28 biennium. Although
the set-aside was increased substantively from the 2023-24 biennium to
the 2025-26 biennium, (from 6 mt to 30 mt), the 30 mt was estimated to
be exceeded by 15 percent in 2025 (see table 7 of Agenda Item C.7.a
Supplemental GMT Report 2, April 2026), primarily due to increased
mortality in the Washington recreational fishery. This increased set-
aside is not expected to constrain the commercial fishery in the 2027-
28 biennium.
B. Annual Catch Targets
As defined at 50 CFR 660.11, an annual catch target (ACT) is a
management target set below the ACL that may be used as an
accountability measure in cases where there is uncertainty in inseason
catch monitoring to ensure against exceeding an ACL. Since the ACT is a
target and not a limit, a stock-specific ACT can be used in lieu of HGs
or set strategically to accomplish other management objectives. Sector-
specific ACTs can also be specified to accomplish management
objectives. For the 2027-28 biennium, NMFS is proposing, in alignment
with the Council's recommendation, ongoing ACTs for yelloweye rockfish
in the non-trawl sectors (both commercial and recreational), copper
rockfish in the recreational sector south of 34[deg]27' N lat., and
shortspine thornyhead in the commercial non-trawl sector north of
34[deg]27' N lat. Further, NMFS is proposing, in alignment with the
Council's recommendation, new recreational sector ACTs for vermilion/
sunset rockfish south of 40[deg]10' N lat., California quillback
rockfish, and lingcod south of 40[deg]10' N lat. These ACTs can be
found in the footnotes to tables 1a and 2a to part 660, subpart C in
the regulatory text of this proposed rule.
Yelloweye Rockfish
Yelloweye rockfish is caught in all non-trawl groundfish fisheries,
where more than 95 percent of its mortality occurs. Yelloweye rockfish
was declared rebuilt in May 2026, and as such, limited retention is
being proposed in the non-trawl commercial and recreational fishery
sectors for the 2027-28 biennium to reduce regulatory discards.
However, the update assessment for yelloweye rockfish indicated that
the unfished biomass (40.1 percent) only narrowly surpasses the
management target of 40 percent. Therefore, NMFS is proposing, in
alignment with the Council's recommendation, to maintain the standard
framework for setting yelloweye rockfish ACTs below their sector HGs to
continue to provide a precautionary approach yelloweye rockfish
harvest.
[[Page 60254]]
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Copper Rockfish South of 34[deg]27' N lat.
Copper rockfish south of 34[deg]27' N lat. is primarily caught by
the California recreational sector. The stock is typically subject to a
recreational ACT equal to the ``sub-ACL South'' value specific to this
area, as determined by the 2023 copper rockfish stock assessment (see
Electronic Access under ADDRESSES). NMFS is proposing, in alignment
with the Council's recommendation, to continue setting recreational
ACTs for copper rockfish south of 34[deg]27' N lat. in accordance with
this methodology. The proposed ACTs are 20.1 and 22 mt for 2027 and
2028, respectively.
Shortspine Thornyhead North of 34[deg]27' N lat.
A new ACT for shortspine thornyhead north of 34[deg]27' N lat. was
implemented in the 2025-26 biennium when the management line at
34[deg]27' N lat. was removed and shortspine thornyhead began being
managed with coastwide harvest specifications. The non-trawl commercial
ACT north of 34[deg]27' N lat. is set at 25 percent of the coastwide
non-trawl allocation. This ACT was designed to monitor catch where the
most amount of effort is expected to occur. NMFS is proposing, in
alignment with the Council's recommendation, to continue setting an ACT
for shortspine thornyhead north of 34[deg]27' N lat. in accordance with
the same methodology. The proposed ACT is 61.9 mt for 2027 and 2028.
New Recreational ACTs for California
NMFS is proposing, in alignment with the Council's recommendation,
new recreational ACTs for California quillback rockfish, lingcod south
of 40[deg]10' N lat., and vermilion/sunset rockfish south of 40[deg]10'
N lat. (see table 7 below). These three stocks are becoming more highly
attained in the California recreational sector and, therefore, the
Council recommended these ACTs to more closely monitor recreational
fishery mortality and consider inseason management responses, if
necessary. These ACTs, as well as potential inseason management
responses that the Council could recommend if an ACT was exceeded, were
analyzed in the Council Analytical Document (see ADDRESSES).
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C. Biennial Fishery Allocations
The Council routinely recommends 2-year trawl and non-trawl
allocations during the biennial specifications process for stocks
without formal allocations (as defined in section 6.3.2 of the
Groundfish FMP) or stocks where the long-term allocation is suspended
because the stock is declared overfished. The 2-year trawl and non-
trawl allocations, with the exception of sablefish north of 36[deg] N
lat., are based on the fishery HG. The fishery HG is the tonnage that
remains after subtracting the off-the-top deductions described in
section III, A, entitled ``Deductions from the ACLs,'' in this
preamble. The trawl and non-trawl allocations and recreational HGs are
designed to accommodate anticipated mortality in each sector as well as
variability and uncertainty in those mortality estimates. Additional
information on the Council's allocation framework and formal
allocations can be found in section 6.3 of the Groundfish FMP and Sec.
660.55 of the Federal regulations. Tables 8 and 9 below include both
categories of allocations, including formal allocations specified in
the Groundfish FMP (i.e., amendment 21 stocks/species) or biennial
allocations that are not specified in the Groundfish FMP and only
specified in the Federal regulations each biennium (i.e., 2-year
allocations). Table 10 below presents the proposed allocations for
sablefish north of 36[deg] N lat. All allocations are detailed in the
harvest specification tables appended to 50 CFR part 660, subpart C in
the regulatory text of this proposed rule.
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D. Harvest Guideline Sharing Agreements
For each biennium, the Council can consider HG sharing agreements
for other stocks or stock complexes separate from the standard list of
biennial allocations discussed in Section III, C of this preamble.
These sharing agreements can be arrangements on how the HG is split
between separate states, fishery sectors, or both. For the 2027-28
biennium, NMFS is proposing sharing agreements for: bocaccio south of
40[deg]10' N lat., canary rockfish, cowcod, sablefish south of 36[deg]
N lat., the Slope Rockfish Complex south of 40[deg]10' N lat., and
blackgill rockfish. All proposed sharing agreements are maintained from
the 2025-26 biennium, with the exception of the Slope Rockfish Complex
south of 40[deg]10' N lat. and blackgill rockfish. The Council is
recommending a revised informal sharing agreement for blackgill
rockfish (described below), based on shifting sector needs. See the
Council Analytical Document (see ADDRESSES) for more information on how
these HG sharing agreements were chosen. Informal HG sharing agreements
are not managed by NMFS except in the case of a risk to the ACL. For
this reason, informal HG sharing agreements are published in the SAFE
each biennium (see Electronic Access under ADDRESSES).
Slope Rockfish Complex South of 40[deg]10' N lat. and Informal Sharing
Agreement for Blackgill Rockfish
During the 2021-22 biennial specifications cycle, the Council
adopted a specialized allocation method intended to address differing
sector needs for blackgill rockfish and the other slope rockfish
species within the Slope Rockfish Complex south of 40[deg]10' N lat.
The non-trawl sector has historically landed a greater proportion of
blackgill rockfish, while the trawl sector has relied more heavily on
the other species within the Slope Rockfish Complex south of 40[deg]10'
N lat. In order to ensure a system that equitably apportioned these
stocks to each sector, the Council developed an informal sharing
agreement that includes a unique method for calculating trawl and non-
trawl sector allocations for blackgill rockfish and the other slope
rockfish species in the Slope Rockfish Complex south of 40[deg]10' N
lat. (see Agenda Item H.8.a Supplemental GMT Report 2, November 2019).
In summary, the methodology uses a series of proportional calculations
to allocate more of the overall HG for the Slope Rockfish Complex south
of 40[deg]10' N lat. to the trawl sector, but specifically allocates a
higher percentage of the blackgill rockfish HG contribution within the
overall Slope Rockfish Complex south of 40[deg]10' N lat. HG to the
non-trawl sector.
Since the initial implementation of this allocation approach, non-
trawl sector mortality for the Slope Rockfish Complex south of
40[deg]10' N lat. has increased relative to the trawl sector. These
changes likely reflect increased non-trawl access on the shelf for both
recreational and commercial fisheries, along with a shift in trawl
effort north of 40[deg]10' N lat. (see Agenda Item F.7, Attachment 1,
November 2025). Therefore, NMFS is proposing, in alignment with the
Council's recommendation, a slightly modified informal sharing
agreement where the same general methodology is applied, but the Slope
Rockfish Complex south of 40[deg]10' N lat. and blackgill rockfish
allocations for each sector are calculated using a rolling 5-year
average mortality by sector to update the proportions for blackgill
rockfish and the other slope rockfish species in the Slope Rockfish
Complex south of 40[deg]10' N lat., as opposed to a constant percentage
of their respective HG contributions. This slightly revised methodology
is intended to better reflect the needs of each sector. Under this new
methodology, the resulting blackgill rockfish allocations are 35
percent trawl and 65 percent non-trawl. The allocations for the other
slope rockfish in the complex are 65 percent trawl and 35 percent non-
trawl. The full suite of options considered by the Council for a
revised informal sharing agreement, as well as the step-by-step
calculations under the proposed informal sharing agreement, are
described in detail in the Council Analytical Document (see Electronic
Access under ADDRESSES).
E. Modifications to Area-Based Management Measures
For the 2027-28 biennium, NMFS is proposing, in alignment with the
Council's recommendations, three categories of modifications to area-
based management measures, including changes to the 20 fathom (fm, 37
meters (m)) depth contour off Washington, the 150 fm (274 m) Rockfish
Conservation Area (RCA) line around Lasuen Knoll off Southern
California, and certain Yelloweye Rockfish Conservation Areas (YRCAs)
off Oregon and California. RCAs are large area closures intended to
reduce the catch of a rockfish stock or stock complex by restricting
fishing activity at specific depths. The boundaries for most RCAs are
defined by straight lines connecting a series of latitude and longitude
coordinates that approximate depth contours. These sets of coordinates,
or lines, are not gear or fishery specific, but can be used in
combination to define a closed area. NMFS then implements fishing
restrictions for a specific gear and/or fishery within each defined
area. YRCAs are specialized RCA closures intended to protect yelloweye
rockfish. YRCA boundaries are not depth-based; their coordinates are
chosen based on areas of known yelloweye rockfish occurrence. Similar
to depth-based RCAs, YRCAs can be applicable to specific gears or
fishery sectors.
First, NMFS is proposing modifications to select waypoints on the
20 fm (37 m) depth contour off Washington. Specifically, NMFS is
proposing to remove the first waypoint listed at Sec. 660.71(b)(1) and
replace it with two new waypoints. The specific latitude and longitude
changes are included in the regulatory text of this proposed rule (see
below under Sec. 660.71 Latitude/longitude coordinates defining the
10-fm (18-m) through 40-fm (73-m)
[[Page 60258]]
depth contours). The purpose of these changes is to address confusion
among fishermen and associated enforcement challenges around Duntze and
Duncan Rock. Currently, anglers in the Washington recreational fishery
are prohibited from fishing around Duntze Rock and Duncan Rock in June
and July, due to a seasonal depth restriction that prohibits anglers
from fishing for groundfish seaward of the 20 fm (37 m) depth contour.
Since much of the area around these two rocks is shallower than 20 fm
(37 m), enforcement officers often find fishermen targeting rockfish in
these areas during the depth-based closure in June and July, unaware
that they are not complying with the closure. The proposed waypoints
would still approximate the 20 fm (37 m) depth contour, but their
revised location would place Duntze Rock and Duncan Rock shoreward
instead of seaward of the 20 fm (37 m) depth contour. Expanding access
to this area for June and July is expected to increase access to
yelloweye rockfish and canary rockfish. However, given that the area is
very small, catch rates of those stocks are not anticipated to increase
substantively and would be monitored inseason.
Second, NMFS is proposing to remove the 150 fm (274 m) depth
contour around Lasuen Knoll off Southern California. Per the Non-Trawl
RCA Boundaries tables at Table 2a (South) to Part 660, Subpart E and
Table 3a (South) to Part 660, Subpart F, the Non-Trawl RCA in the area
south of 34[deg]27' N lat. extends from 100 fm (183 m) to 150 fm (274
m) around islands and banks. However, not all islands and banks have
associated coordinates for these depth contours defined in Federal
regulations, and therefore the Non-Trawl RCA closure is difficult to
enforce around those particular islands and banks. Around Lasuen Knoll,
there is a 150 fm (274 m) line, but not a 100 fm (183 m) line, which
has led to confusion amongst fishermen and enforcement officials about
whether this area is entirely closed or open inside of 100 fm (183 m)
with proof of compliance with the Non-Trawl RCA closure (e.g., fishing
location recorded in a logbook). The addition of a 100 fm (183 m) line
would not solve this issue, as the area between the two lines would be
too narrow to practicably enforce with the current vessel monitoring
system. Since all rockfish species are now rebuilt, the 150 fm (274 m)
depth contour around Lasuen Knoll is no longer needed for use as a Non-
Trawl RCA boundary. In addition to removing the line, NMFS is proposing
a regulatory modification to the Non-Trawl RCA Boundaries tables at
Table 2a (South) to Part 660, Subpart E and Table 3a (South) to Part
660, Subpart F, which would clarify that the 100 fm (183 m) to 150 fm
(274 m) Non-Trawl RCA closure south of 34[deg]27' N lat. around islands
and banks only applies when both depth contours are defined in the
Federal regulations. This change would alleviate related enforcement
challenges around other islands and banks that also lack defined
coordinates for these depth contours.
Third, NMFS is proposing to remove seven YRCAs from Federal
regulations that have never been used. Although all YRCAs have defined
coordinates in the Federal regulations at Sec. 660.70, many YRCAs are
not currently ``turned on'' and used as active closures. Rather, they
exist as closures that can be activated as necessary to mitigate
bycatch of yelloweye rockfish. Since NMFS declared yelloweye rockfish
rebuilt in May 2026, and certain YRCAs were never used even during the
rebuilding phase, these YRCAs are considered no longer needed. The
YRCAs under consideration for removal include Stonewall Bank Expansion
1 and Stonewall Bank Expansion 2 off Oregon, as well as all five YRCAs
off California, including Point St. George, South Reef, Reading Rock,
Northern Point Delgada, and Southern Point Delgada. If this proposed
rule is approved, the coordinates for all seven of these YRCAs would be
removed from the Federal regulations at Sec. 660.70, and all
references to the YRCAs would be removed from the applicable fishery
management measure sections for the LEFG, OA, and recreational
fisheries (i.e., at Sec. Sec. 660.230, 660.330, and 660.360).
Stonewall Bank Expansions 1 and 2 also apply to the directed commercial
Pacific halibut fishery; therefore, references to those two YRCAs would
also be removed from the Pacific halibut regulations at 50 CFR part
300.
F. Limited Entry Trawl
The limited entry trawl fishery is made up of the shorebased
individual fishing quota (IFQ) program (for whiting and non-whiting)
and the at-sea whiting sectors (Mothership (MS) and catcher-processor
(C/P)). For some stocks and stock complexes with a trawl allocation, an
amount is first set-aside for the at-sea whiting sector with the
remainder of the trawl allocation going to the shorebased IFQ sector.
Set-asides are not managed by NMFS or the Council except in the case of
a risk to the ACL.
At-Sea Set Asides
For several species, the trawl allocation is reduced by an amount
called a ``set-aside'' for the at-sea whiting sector. This amount is
designed to accommodate catch by the at-sea whiting sector when they
are targeting Pacific whiting. NMFS is proposing, in alignment with the
Council's recommendation, the set-asides in table 11 for the 2027-28
biennium. Relative to the last biennium (2025-26), the set-asides for
canary rockfish and shortspine thornyhead increased in accordance with
the set-aside increases implemented through the 2026 emergency rule (91
FR 2714; January 22, 2026). The set-asides for sablefish north of
36[deg] N lat. and yellowtail rockfish north of 40[deg]10' N lat.
decreased to reflect proportional changes to those stocks' ACLs and
trawl allocations. Set-asides for four stocks are proposed for removal,
including dover sole, lingcod north of 40[deg]10' N lat., longnose
skate, and petrale sole. As described in the Council Analytical
Document (see Electronic Access), historic mortality of these stocks in
the at-sea fishery is very low and is not expected to pose a risk to
the trawl allocation, even if the recent 10-year maximum was caught in
the at-sea fishery. Removing all four of these at-sea set-asides would
reduce management complexity and lower the number of set-asides that
the Council and NMFS reconsider each biennial cycle. The set-aside
amounts for the remaining species are proposed to be the same as during
the 2025-26 biennium. At-sea set-asides are not managed by NMFS except
in the case of a risk to the ACL. For this reason, as-sea set-asides
are published in the SAFE each biennium (see Electronic Access).
[[Page 60259]]
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Incidental Trip Limits for IFQ Vessels
For vessels fishing in the Shorebased IFQ Program with either
groundfish trawl gear or non-trawl gears, the following incidentally-
caught stocks are managed with trip limits: big skate, blackgill
rockfish, cabezon (California), California scorpionfish, longnose
skate, the Nearshore rockfish complexes north and south of 40[deg]10' N
lat., the Washington black rockfish and Oregon black/blue/deacon
rockfish complexes, the Oregon cabezon/kelp greenling complex, the
Other fish complex, Pacific spiny dogfish, and Pacific whiting. For all
these stocks, this rule proposes maintaining the same trip limits for
these stocks for the start of the 2027-28 biennium as those in place in
2025. Trip limits for the IFQ fishery can be found in Table 1b (North)
and Table 1b (South) to Part 660, Subpart D. Changes to trip limits
would be considered a routine measure under 50 CFR 660.60(c), and may
be implemented or adjusted, if determined necessary, through inseason
action.
G. LEFG and OA Non-Trawl Fishery
Management measures for the LEFG and OA non-trawl fisheries tend to
be similar because the majority of participants in both fisheries use
hook-and-line gear. Management measures, including area restrictions
(e.g., Non-Trawl RCA) and trip limits in these non-trawl fisheries, are
generally designed to allow harvest of target stocks while keeping
catch of overfished stocks low. LEFG trip limits are specified in Table
2b (North) and Table 2b (South) to Part 600 Subpart E. OA trip limits
are specified in Table 3b (North) and Table 3b (South) to Part 660
Subpart F. The proposed trip limits for the 2027-28 biennium are
included below; the specific trip limits that are changing from those
in place at the end of 2026 are included in the regulatory text of this
proposed rule.
LEFG and OA Trip Limits
NMFS is proposing, in alignment with the Council's recommendation,
the trip limits in tables 12 through 15 below for LEFG and OA fisheries
at the start 2027. Relative to the 2025-26 biennium, LEFG and OA trip
limits are increasing for: black rockfish between 42[deg]-40[deg]10' N
lat., California quillback rockfish between 42[deg]-40[deg]10' N lat.
and south of 40[deg]10' N lat., chilipepper rockfish south of
40[deg]10' N lat., the Nearshore Rockfish Complex between 42[deg]-
40[deg]10' N lat. and south of 40[deg]10' N lat., the shelf rockfish
complex north of 40[deg]10' N lat., widow rockfish coastwide, and
yellowtail rockfish north of 40[deg]10' N lat. LEFG trip limits are
also increasing for shortspine thornyhead south of 34[deg]27' N lat. In
addition, new LEFG and OA trip limits are being proposed for cowcod
south of 40[deg]10' N lat. and yelloweye rockfish coastwide. Trip
limits for all other stocks and stock complexes would remain the same
as what is in place at the end of 2026, unless the Council recommends,
and NMFS implements, a trip limit change via an inseason action in late
2026. More information on these trip limits and the alternative options
considered can be found in the Council Analytical Document (see
Electronic Access under ADDRESSES).
In addition to trip limit modifications, NMFS is proposing to
modify the regulations at Sec. 660.60(c)(1) to clarify that trip or
sub-trip limits for any groundfish species (separately or in any
combination) managed under the Groundfish FMP, including those
[[Page 60260]]
species managed in a stock complex, may be adopted or revised inseason.
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Primary Sablefish Tier Limits
The primary sablefish fishery tier program is a limited access
privilege program set up under amendment 14 to Groundfish FMP (66 FR
41152; August 7, 2001). Under amendment 14, as set out in Sec.
660.231, the permit holder of a sablefish-endorsed permit receives a
tier limit, which is an annual share of the sablefish catch allocation
to this sector. NMFS sets three different tier limits through the
biennial harvest specifications and management measures process and up
to three permits may be stacked at one time on a vessel participating
in the fishery. Stacked tier limits are combined to provide a
cumulative catch limit for that vessel. After vessels have caught their
full tier limits, they are allowed to move into other fisheries for
sablefish, specifically the LEFG or OA trip limit fishery, or fisheries
for other species. The proposed tier limits for 2027 are as follows:
Tier 1 at 93,770 lb (42,533 kg), Tier 2 at 42,623 lb (19,333 kg), and
Tier 3 at 24,356 lb (11,047 kg). In 2028 and beyond, the following
limits are in effect: Tier 1 at 101,490 lb (46,030 kg), Tier 2 at
46,132 lb (20,923 kg), and Tier 3 at 26,361 lb (11,956 kg).
H. Recreational Fisheries
This section describes the recreational fisheries management
measures proposed for 2027-2028, which are intended to keep catch
within the recreational HGs for each stock. Washington, Oregon, and
California each proposed, and the Council recommended, different
combinations of seasons, bag limits, area closures, and size limits for
stocks targeted in the recreational fisheries off each state. These
measures are designed to limit catch of overfished stocks or species of
concern found in the waters adjacent to each state while allowing
target fishing opportunities in their respective recreational
fisheries. This proposed rule would set these measures for recreational
fisheries occurring in the EEZ. Each state, respectively, typically
sets measures for recreational fisheries in State waters. The following
sections describe the recreational management measures proposed in each
state.
Washington
The Council manages recreational fisheries in Federal waters
seaward of Washington in four areas: (1) Marine Area 1, which extends
from the Oregon/Washington border to Leadbetter Point; (2) Marine Area
2, which extends from Leadbetter Point to the mouth of the Queets
Rivers; (3) Marine Area 3, which extends from the Queets River to Cape
Alava; and (4) Marine Area 4, which extends from Cape Alava to the
Sekiu River.
Season Structure
Under the proposed season structure, various depth restrictions
would be modified from the 2025-26 season structure to simplify
regulations, limit the mortality of canary rockfish, and expand access
to deeper water species, including lingcod and yellowtail rockfish.
First, select coordinates on the 20 fm (37 m) depth contour line
seaward of Marine Area 4 would be modified, which would provide fishing
access to Duncan Rock and Duntze Rock during the June-July depth
restriction. The purpose of this change is to address enforcement
concerns in the area. The details of these modifications are further
described in Section III, E of this proposed rule.
Second, the restriction that prohibits recreational vessels from
retaining lingcod seaward of 30 fm (55 m) during the month of May
(except when the Pacific halibut season is open) in Marine Area 2 would
be removed. This would expand access to deepwater lingcod during the
month of May, while posing minimal impacts on yelloweye or canary
rockfishes.
Third, the deepwater lingcod closure in Marine Areas 1 and 2 that
prohibits retention of lingcod seaward of a specific line (see
description in footnote e/of table 16) year-round, except for during
June and September, would be modified to expand access to a small area
of deeper water off Leadbetter Point. The open dates for retaining
lingcod would also be modified from the full month of September, to
September 1-September 15. The coordinate changes to the lingcod closure
would expand access to deeper water lingcod; however, the reduction in
open days for retaining lingcod during the month of September would
serve to limit mortality of canary rockfish.
Except for the changes described above, all other elements of the
2025-26 season structure would remain in place. The proposed season
structure for 2027-28 is displayed in table 16.
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Bag Limits
Yelloweye rockfish is managed as a coastwide stock. As discussed,
NMFS declared yelloweye rockfish rebuilt in May 2026, based on the
results of the 2025 stock assessment (see Electronic Access under
ADDRESSES). To begin allowing access to this rebuilt stock while
maintaining a precautionary approach to harvest, a small sub-bag limit
of one fish per day in the months of May and September is proposed.
Except for the changes described above, all other management
measures would remain the same as those in place at the end of the 2026
fishing year. For more information on the full suite of management
measures considered for the Washington recreational fishery, see the
Washington Department of Fish and Wildlife (WDFW) reports from the
April and June 2026 Council meetings (Agenda Item C.7.a, Supplemental
WDFW Report 1, April 2026; Agenda Item E.6.a Supplemental WDFW Report
1, June 2026), as well as the Council Analytical Document (see
Electronic Access under ADDRESSES).
Oregon
The Council manages recreational fisheries in Federal waters
seaward of Oregon as one management area. NMFS is proposing, in
alignment with the Council's recommendation, that Oregon recreational
fisheries in 2027-28 would operate under an all-months-all-depths
season structure to start the 2027 fishing year. The Council
recommended maintaining the 2025-26 aggregate bag limits and size
limits in Oregon recreational fisheries, but with the addition of a new
bag limit for yelloweye rockfish.
The proposed bag limits are: a marine fish aggregate limit of 10
fish per day with a sub-bag limit of 1 yelloweye rockfish, where
cabezon have a minimum size of 16 inches (in) (41 centimeter (cm)); 3
lingcod per day, with a minimum size of 22 in (56 cm); 25 flatfish per
day, excluding Pacific halibut; a longleader gear limit of 10 fish per
day with a sub-bag limit of 2 canary rockfish (increased from one at
the end of 2026); and 10 sablefish per day.
As discussed, NMFS declared yelloweye rockfish rebuilt in May 2026,
based on the results of the 2025 stock assessment (see Electronic
Access under ADDRESSES). To begin allowing access to this rebuilt stock
in Oregon, while maintaining a precautionary approach to harvest, a
small bag limit of one fish per day is proposed.
Except for the changes described above, all other management
measures
[[Page 60267]]
would remain the same as those in place at the start of the 2025-26
biennium. For more information on the full suite of management measures
considered for the Oregon recreational fishery, see the Oregon
Department of Fish and Wildlife (ODFW) reports from the April and June
2026 Council meetings (Agenda Item C.7.a Supplemental ODFW Report 1,
April 2026 and Agenda Item E.6.a Supplemental ODFW Report 1, June
2026), as well as the Council Analytical Document (see Electronic
Access under ADDRESSES).
California
The Council manages recreational fisheries in Federal waters
seaward of California in five separate groundfish management areas
(GMAs). Season and area closures differ between GMAs to limit
incidental catch of overfished stocks and stocks of concern while
providing as much recreational fishing opportunity as possible. NMFS is
proposing, in alignment with the Council's recommendations, changes to
routine management measures for the California recreational fishery in
the 2027-28 biennium, including changes to complex management, season
structure, and bag limits as described below.
Changes to the Rockfish, Cabezon, and Kelp Greenling Complex (RCG
complex)
Under the proposed management measure changes, the RCG complex
would be separated into the Rockfish Complex, cabezon, and kelp
greenling. These three species/species groups would be managed via
separate season structures, bag limits, and size and gear restrictions.
Cabezon and kelp greenling are species found in nearshore shallow
waters and are commonly caught with rockfish. Since 2004, these species
have been managed in the California recreational fishery as a unit with
rockfish and subject to the same regulatory constraints imposed on
overfished shelf species. However, in recent years, the majority of
mortality from the RCG complex is primarily from rockfish, with a small
proportion coming from cabezon or kelp greenling, as cabezon and kelp
greenling are not as highly targeted as rockfish. Therefore, separating
the aggregate bag limit for these stocks would reduce regulatory
complexity and provide additional fishing opportunities for cabezon and
greenling, while posing minimal adverse impact on either these stocks
or rockfish stocks.
Season Structure
Under the proposed season structures, the fisheries for the
Rockfish complex and lingcod would be closed in all California GMAs
from January 31 to March 31, and open at all depths from April 1 to
December 31. The fisheries for cabezon and kelp greenling would be open
at all depths year round in all GMAs. Recreational groundfish fishing
opportunities in state waters may differ and would be announced
separately by the California Department of Fish and Wildlife (CDFW).
Bag Limits
NMFS is proposing, in alignment with the Council's recommendation,
a decrease in the sub-bag limit for vermilion/sunset rockfish north of
40[deg]10' N lat., and new bag limits for the Rockfish complex,
cabezon, kelp greenling, cowcod, and yelloweye rockfish, as displayed
in table 18 below.
Vermilion/sunset rockfish is managed within the Shelf Rockfish
Complex north and south of 40[deg]10' N lat. In 2024, the vermilion/
sunset rockfish north of 40[deg]10' N lat. ACL contribution to the
Shelf Rockfish Complex off Northern California (between 42[deg] and
40[deg]10' N lat.) was exceeded with the four fish sub-bag limit in
place. With an all-depth season structure in this area, the likelihood
of mortality exceeding the ACL contribution in this area increases. The
reduction from a four-fish to a two-fish sub-bag limit is therefore
intended to keep harvest within the ACL contribution and simplify
regulations by making vermilion/sunset rockfish sub-bag limits the same
for north and south of 40[deg]10' N lat.
With the separation of the RCG complex as described above, new bag
limits are being proposed for the Rockfish complex, cabezon, and kelp
greenling. The bag limit for each species/species group would be 10
fish per day.
Cowcod is managed as a single stock south of 40[deg]10' N. lat.
Cowcod was declared overfished in 2000 and, as a result, retention was
prohibited in the California recreational fishery beginning in 2001.
Prior to becoming prohibited, cowcod was actively targeted by anglers
due to their large size and unique appearance. Cowcod was declared
rebuilt in 2019 and, since then, the Council and NMFS have taken a
precautionary, stepwise approach to expanding access to this species
through changes to area management (i.e., condensing the Non-Trawl RCA
and opening the Cowcod Conservation Area) and removing the cowcod ACT.
To continue expanding access to this rebuilt stock, while maintaining a
precautionary approach to harvest, a small bag limit of 1 fish per day,
in the month of December only, is proposed. To facilitate effective
enforcement of this new bag limit, there would also be a requirement to
land cowcod whole for ease of identification.
As discussed above, NMFS declared yelloweye rockfish rebuilt in May
2026, based on the results of the 2025 stock assessment (see Electronic
Access under ADDRESSES). To begin allowing access to this rebuilt
stock, while maintaining a precautionary approach to harvest, a small
bag limit of one fish per day in the month of December only is
proposed. To facilitate effective enforcement of this new bag limit,
there would be a requirement to land yelloweye rockfish whole for ease
of identification.
All other bag, gear, and size limits would remain the same as those
in place at the end of the 2026 fishing year. Table 17 below displays
all proposed bag limits (including changed and unchanged), as well as
their associated gear and size limits.
BILLING CODE 3510-22-P
[[Page 60268]]
[GRAPHIC] [TIFF OMITTED] TP22SE26.024
BILLING CODE 3510-22-C
Except for the changes described above, all other management
measures would remain the same as those in place at the end of the 2026
fishing year. For more information on the full suite of management
measures considered for the California recreational fishery, see the
CDFW reports from the April and June 2026 Council meetings (Agenda Item
C.7.a Supplemental CDFW Report 1, April 2026; Agenda Item E.6.a CDFW
Report 1, June 2026), as well as the Council Analytical Document (see
Electronic Access under ADDRESSES).
In addition to the changes described above for each state
recreational fishery, NMFS is proposing to modify the regulations at
Sec. 660.60(c)(2) to clarify that bag or sub-bag limits for any
groundfish species (separately or in any combination) managed under the
Groundfish FMP, including those species managed in a stock complex, may
be adopted or revised inseason.
I. Exempted Fishing Permits
Issuing EFPs is authorized by regulations implementing the MSA at
50 CFR 600.745, which state that EFPs may be used to authorize fishing
activities that would otherwise be prohibited.
At its June 2026 meeting, the Council recommended that NMFS approve
two EFP applications for the 2027 fishing year and preliminarily
approve the EFP applications for the 2028 fishing year. The Council
considers EFP applications concurrently with the biennial harvest
specifications and management measures process because expected catch
under most EFP projects is included in the catch limits for groundfish
stocks. All of the EFP applications for 2027-28 are renewals from
previous biennia. A summary of each EFP application is provided below.
Groundfish EFP Proposal--Year-round Coastwide Midwater Rockfish
EFP: Monitoring and Minimizing Salmon Bycatch When Targeting Rockfish
in the Shorebased IFQ Fishery, 2027-2028. The West Coast Seafood
Processors, Oregon Trawl Commission, Midwater Trawlers Cooperative, and
the Environmental Defense Fund submitted a renewal application to
continue research that has been conducted since 2017. The multi-year
EFP project is collectively referred to as the ``Trawl Gear EFP.'' The
purpose of the Trawl Gear EFP is for vessels participating in the West
Coast Groundfish Trawl Rationalization Program's Limited Entry
Shorebased IFQ Program to test whether removing certain gear, time, and
area restrictions may impact the nature and extent of bycatch of
protected and prohibited species (i.e., Chinook salmon, coho, eulachon,
and green
[[Page 60269]]
sturgeon). The Trawl Gear EFP project would require exemptions for
vessels fishing with bottom trawl groundfish gear from the requirement
to use selective flatfish trawl gear, and the prohibition on using
small footrope gear other than selective flatfish trawl gear between
42[deg] and 40[deg]10' N lat. and shoreward of the boundary line
approximating the 100 fm depth contour (see 50 CFR 660.130(c)(2)(i) and
(c)(2)(ii)). The Trawl Gear EFP project would require exemptions for
vessels fishing with midwater trawl groundfish gear from: (1) the
prohibition on fishing outside the primary season dates for the Pacific
whiting IFQ fishery (see Sec. Sec. 660.112(b)(1)(x) and Sec.
660.130(c)(3)); and (2) the prohibition on fishing south of 40[deg]10'
N lat. shoreward of the boundary line approximating the 150 fm depth
contour (see Sec. 660.130(c)(3)(ii) and (c)(4)(ii)(B)). The Trawl Gear
EFP project would require exemptions for vessels fishing with either
midwater or bottom trawl groundfish gear from: (1) the prohibition on
retaining certain prohibited species (see Sec. 660.12 (a)(1)); and (2)
the requirement to discard certain prohibited species at sea (see Sec.
660.140 (g)(1)). If the Trawl Gear EFP application is approved, NMFS
would set a bycatch limit of 1,000 Chinook salmon north of 42[deg] N
lat. and 100 Chinook salmon south of 42[deg] N lat. for vessels
declared into the EFP, regardless of gear type. If either of these
bycatch limits are reached, NMFS would revoke the Trawl Gear EFP for
both gear types in the respective management area (i.e., north or south
of 42[deg] N lat.). Participating vessels would also be required to
retain all salmon (excluding salmon already sampled by NMFS' West Coast
Groundfish Observer Program) until offloading. If approved, NMFS would
authorize up to 60 vessels to participate in the Trawl Gear EFP.
Groundfish EFP Proposal--California Department of Fish and Wildlife
2027-2028 EFP: The CDFW submitted a renewal application for research
that has been conducted since 2021. The purpose of the CDFW EFP project
is to collect fishery-dependent biological data for cowcod and
yelloweye rockfish for inclusion in future stock assessments. The CDFW
EFP project would provide that any cowcod or yelloweye rockfish taken
and retained would not count against the recreational bag limit of 10
fish for the Rockfish Complex. If approved, NMFS would authorize up to
30 vessels that participate in the California recreational commercial
passenger fishing vessel (CPFV) fishery to retain these species for
transfer to CDFW groundfish staff upon landing.
Neither of these EFP projects request set-asides as off-the-top
deductions from the 2027-28 applicable ACLs. For the Trawl Gear EFP,
landings and discards of IFQ species would be accounted for through the
participating vessel's IFQ. For the CDFW EFP, all mortality is expected
to occur in conjunction with routine recreational fishing activities
and would be calculated as part of the normal recreational catch
estimation process. NMFS would not require 100 percent observer
coverage for vessels participating in the CDFW EFP project because
recreational vessels do not meet the minimum size requirements under
Federal regulations to carry an observer.
NMFS does not expect any appreciable impacts to the environment,
essential fish habitat, or protected or prohibited species from these
EFPs beyond those analyzed for the groundfish fishery as a whole in
applicable biological opinions (available at <a href="https://www.fisheries.noaa.gov/species/west-coast-groundfish#management">https://www.fisheries.noaa.gov/species/west-coast-groundfish#management</a>), the
draft Analysis (see ADDRESSES), or the EA for the 2018 Trawl Gear EFP
dated December 2017 (available at: <a href="https://www.fisheries.noaa.gov/region/west-coast">https://www.fisheries.noaa.gov/region/west-coast</a>).
After publication of this document in the Federal Register, NMFS
may approve and issue permits for the proposed EFP projects for the
2027 fishing year after the close of the public comment period. Both
EFP applications are available under ``Supporting and Related
Materials'' (see ADDRESSES). NMFS will consider comments submitted in
deciding whether to approve the applications as requested. NMFS may
approve the applications in their entirety or may make any alterations
needed to achieve the goals of the EFP projects. NMFS would not issue
another Federal Register notice soliciting public comment on renewing
these EFP projects for 2028 unless: (1) the applicants modify and
resubmit their applications to NMFS; (2) changes to relevant fisheries
regulations warrant a revised set of exemptions authorized under the
EFP projects; or (3) NMFS' understanding of the current biological and
economic impacts from EFP fishing activities substantially changes.
J. Amendment 38 Proposed Regulations
If Amendment 38 to the Groundfish FMP is approved by the Secretary,
NMFS would modify the regulations at Sec. 660.40 to remove the
rebuilding plans for yelloweye rockfish and California quillback
rockfish. NMFS would also no longer list these species as prohibited
species, meaning the relevant sector-specific management measure
sections at Sec. 660.230 (LEFG), Sec. 660.330 (OA), and Sec. 660.360
(Recreational) would allow retention of these species via the inclusion
of commercial trip limits or recreational bag limits. The associated
FMP changes are available for public review alongside the NOA published
for Amendment 38 (see Electronic Access under ADDRESSES).
IV. Classification
Pursuant to Sec. 303(c)/304(b) of the MSA, the NMFS Assistant
Administrator has determined that this proposed rule is consistent with
the Groundfish FMP, other provisions of the MSA, and other applicable
law, subject to further consideration after public comment. In making
its final determination, NMFS will take into account the complete
record, including the data, views, and comments received during the
comment period.
Regulations governing the U.S. fisheries for Pacific halibut are
developed by the IPHC, the Council, the North Pacific Fishery
Management Council, and the Secretary of Commerce. Section 5 of the
Northern Pacific Halibut Act of 1982 (Halibut Act, 16 U.S.C. 773c)
allows the Regional Council having authority for a particular
geographical area to develop regulations governing the allocation and
catch of halibut in U.S. Convention waters so long as those regulations
do not conflict with IPHC regulations. The proposed action is
consistent with the Council's authority to regulate Pacific halibut
catches among fishery participants in the waters in and off the coasts
of Washington, Oregon, and California.
In accordance with NEPA, as amended, NMFS prepared an environmental
assessment (EA) that discusses the impact on the quality of the human
environment as a result of this rule. A copy of the EA is available
from NMFS (see ADDRESSES).
This proposed rule has been determined to be not significant for
purposes of E.O. 12866.
The Senior Lead 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. The basis for this conclusion is provided below.
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
[[Page 60270]]
primarily engaged in commercial fishing is classified as a small
business if it is independently owned and operated, is not dominant in
its field of operation (including its affiliates), and has combined
annual receipts not in excess of $11 million for all its affiliated
operations worldwide. This standard applies to all businesses
classified under North American Industry Classification System (NAICS)
code 11411 for commercial fishing, including all businesses classified
as commercial finfish fishing (NAICS 114111), commercial shellfish
fishing (NAICS 114112), and other commercial marine fishing (NAICS
114119) businesses (13 CFR 121.201; 50 CFR 200.2).
A detailed description of the fishery and affected entities is
available in the SAFE (see Electronic Access under ADDRESSES). The SAFE
includes a summary of historical harvests, a description of the
management and economic characteristics of the commercial, tribal, and
recreational fisheries, and a description of the relevant commercial
port communities. The SAFE is incorporated by reference. Fishery
specific ex-vessel revenue information presented below originates from
the Agenda Item E.6, Supplemental Attachment 7, June 2026, hereinafter
referred to as the ``Socioeconomic Analysis.''
All vessels participating in the groundfish fisheries in the EEZ
off Washington, Oregon, and California managed under the Groundfish FMP
may be affected by this action. The total number of participating
vessels in non-tribal commercial fisheries from 2025 was 683.
In 2025, approximately 317 vessels participated in the directed OA
fishery. All directed OA vessels are assumed to be small entities with
average ex-vessel revenues (all species) of $76,312. As described in
the Socioeconomic Analysis, the projected total OA groundfish ex-vessel
revenue is $8.6 million for the 2027-28 biennium. The OA fishery has a
wide portfolio of targets, ranging from rockfish to sablefish. While
the proposed non-trawl commercial allocation of sablefish would be
reduced for the 2027-28 biennium, the 2025-26 allocations were so high
(tripled from the 2023-24 biennium) that even the reduced allocations
for 2027-28 are still at historic highs. Further, during these
historically high allocations, there has been underattainment of annual
sablefish catch limits. Thus, those participants who target sablefish
are still expected to benefit from the sablefish quotas, and no adverse
impacts are anticipated from the proposed reductions. OA vessels that
target shortspine thornyhead, canary rockfish, chilipepper, and
yellowtail rockfish north of 40[deg]10' N lat. in their fishing
portfolios would have more fishing opportunity due to slightly higher
proposed allocations relative to last biennium. Proposed ACLs for
chilipepper and rougheye/blackspotted rockfish would also increase more
substantively relative to the last biennium, which could improve the
economic returns for vessels that target these stocks. The degree to
which fishermen take advantage of these higher allocations will depend
on a variety of factors, including but not limited to weather and
markets. Overall, significant economic impacts are not anticipated for
the OA sector resulting from the 2027-28 allocations, as compared to
past biennia and in the context of the Pacific Coast groundfish's
complex multi-species fishery.
In 2025, 207 of the 223 groundfish LEFG permits were reported to be
owned by 139 small entities. Not all vessels are owned by the
registered permit owners and therefore the number of impacted small
businesses may be more than 139 permit owners. The average permit owner
that identifies as a small entity owns 1.56 LEFG-endorsed permits, with
48 small entities owning more than one permit throughout the year. As
reported in the Socioeconomic Analysis, the projected 2027-28 LEFG ex-
vessel revenue is $21.5 million. The LEFG fishery is highly associated
with sablefish, with 164 of the 223 LEFG permits having a sablefish
endorsement, which allows vessels to participate in the sablefish tier
fishery. While the proposed non-trawl commercial allocation of
sablefish would be reduced for the 2027-28 biennium, the 2025-26
allocations were so high (tripled from the 2023-24 biennium) that even
the reduced allocations for 2027-28 are still at historic highs.
Further, during these historically high allocations, there has been
underattainment of annual sablefish catch limits. Thus, those
participants who target sablefish are still expected to benefit from
the sablefish quotas, and no adverse impacts are anticipated from the
proposed reductions. LEFG permitted vessels that include shortspine
thornyhead and canary rockfish, chilipepper, or yellowtail rockfish
north of 40[deg]10' N lat. in their fishing portfolios would have more
fishing opportunity due to slightly higher proposed allocations
relative to last biennium. Proposed ACLs for chilipepper and rougheye/
blackspotted rockfish also increase more substantively relative to the
last biennium, which could improve the economic returns for vessels
that target these stocks. The degree to which fishermen take advantage
of these higher allocations will depend on a variety of factors,
including but not limited to weather and markets. Overall, significant
economic impacts are not anticipated for the LEFG sector resulting from
the 2027-28 allocations, as compared to past biennia and in the context
of the Pacific Coast groundfish's complex multi-species fishery.
With regards to the Shorebased IFQ fishery, 129 (of 162) quota
share (QS) accounts and 98 vessel accounts (of 119) reported as being
owned by small entities in 2025. The 129 QS owners that reported as
small entities owned 88.9 percent of all QS issued at the start of
2025. The projected ex-vessel revenue, under the proposed action for
the IFQ fleet in 2027-28, is $22 million, as indicated in the
Socioeconomic Analysis. Impacts to Shorebased IFQ participants are
expected to coincide with changes in allocations for IFQ species. While
some proposed allocations are expected to increase, decreases in
shortspine thornyhead, canary rockfish, widow rockfish, and yellowtail
rockfish north of 40[deg]10' N lat. will likely result in a reduction
of economic returns to small entities. However, the potential reduction
in economic returns is not anticipated to be significant. The
Shorebased IFQ fishery targets a diversity of groundfish species, and
fishery participants regularly switch to other target species when
harvest limits for certain stocks decrease. In addition, harvest
specifications, even if reduced, are set at sustainable levels that
protect the long-term health of fish stocks and support optimum yield
in the fishery across biennia. Therefore, long-term economic stability
is protected even during shorter-term periods of reduced harvest
opportunity for certain groundfish stocks.
For the At-Sea Pacific whiting sector, all ten catcher-processor
permits are owned by large entities and for MS permits, four of six are
owned by large entities. Mothership catcher vessel endorsed permits
account for 33 of the 167 trawl endorsed permits and 26 are owned by
small entities. At-sea fisheries are mostly impacted by the Pacific
whiting allocation. Because these vessels strictly target Pacific
whiting and the annual total allowable catch is set via a bilateral
Treaty process with the Government of Canada, this action is not
expected to have any direct impacts on these vessels. Indirectly, the
management of the at-sea sector includes set-asides to account for
[[Page 60271]]
incidentally caught groundfish in the fishery. No accountability
measures are prescribed for set asides; however, these fleets self-
manage to the set-aside amounts. Thus, in terms of this action, reduced
set-asides for canary rockfish, widow rockfish, and yellowtail rockfish
may constrain fishing activities as these species can co-occur with
Pacific whiting. The degree to which this co-occurrence happens can
vary. Reduced set-asides do not always equate to reduced harvest
opportunity for Pacific whiting fishermen, particularly if pure schools
(i.e., schools of Pacific whiting with limited to no co-occurring
groundfish species) can be found and targeted. Overall, the potential
operational constraints established by the 2027-28 groundfish
allocations are not anticipated to result in significant adverse
economic impacts to the at-sea Pacific whiting sector, as annual catch
within the at-sea fisheries is primarily impacted by the annual Pacific
whiting allocation set through the treaty process, rather than by
groundfish allocations. Further, as the lower harvest levels for
groundfish are set to protect the long-term health of those stocks and
support optimum yield across biennia, the 2027-28 allocations
implemented through this action support long-term economic stability
within the Pacific whiting sectors. In addition to small businesses,
the RFA recognizes and defines other kinds of small entities, which are
described below. Potential impacts to these entities are included
within the discussion above under Shorebased IFQ impacts.
A small governmental jurisdiction is any government or district
with a population of less than 50,000 persons. According to the public
IFQ Account database, as of February 9, 2026, the City of Monterey owns
quota shares of ten species or complexes. The U.S. Census estimates the
population to be 29,571 as of July 1, 2024, so the City of Monterey is
considered a small governmental jurisdiction by the RFA standard above.
The City of Monterey received 4.85 percent of the non-whiting quota
pounds issued for 2025 according to the public IFQ Account database.
A small organization is any not-for-profit enterprise that is
independently owned and operated and not dominant in its field (5
U.S.C. 601). A nonprofit organization is determined to be ``not
dominant in its field'' if it is considered ``small'' under SBA size
standards. Environmental, conservation, or professional organizations
(NAICS 813312, 813920) are considered not dominant in their field
(small for the purposes of NMFS rulemaking) if they have combined
annual receipts of $15 million or less. Other organizations (NAICS
813319, 813410, 813910, 813930, 813940, 813990) are considered not
dominant in their fields with combined annual receipts of $7.5 million
or less. Five small not-for-profit organizations have ownership in six
QS permits in the Catch Share Program and will thus be affected by this
action. Collectively, the five small not-for-profit organizations
received 8.0 percent of the non-whiting quota pounds issued in 2025.
Therefore, non-profit entities owning LE trawl permits will be affected
by this action. Whether or not these entities would be economically
affected positively or negatively by this proposed action would depend
on the specific entity's portfolio of quota pounds owned, and whether
harvest limits for those species are increasing or decreasing this
biennium. However, significant economic impacts are not anticipated for
these entities as a result of the 2027-28 harvest specifications, as
compared to past biennia and in the context of the Pacific Coast
groundfish's complex multi-species fishery.
A small trust, estate, and agency account (NAICS 525920) is defined
at 13 CFR 121.201 as having annual receipts of less than $32.5 million
(including affiliates). A total of 10 personal or family trusts/estates
owned QS permits and will thus potentially be affected by this action.
All of these are assumed to be smaller than the size standard above.
Collectively, these ten small entities owned 11 QS permits and received
4.5 percent of the non-whiting quota pounds issued for 2025.
CPFVs are commercially registered fishing vessels that take
recreational fishing passenger trips, carrying sport fishermen to
target groundfish and other species. CPFVs are also known as Party and
Charter boats. CPFVs are considered small businesses operating in the
recreational sector. The most recent estimated numbers of active
vessels that took at least one groundfish trip are: 41 vessels in
Washington, 41 vessels in Oregon, and 342 vessels in California--a
total of 424 vessels. Groundfish, particularly rockfish, are a core
part of the CPFV portfolio. Fluctuating harvest limits in 2027-28,
either increases or decreases, may affect CPFVs through resulting
changes inseason or bag limits implemented to achieve optimum yield in
the fishery. Some bait and tackle businesses that sell recreational
groundfish gear may be small entities and may also be affected by
fluctuating season and bag limits. However, due to the integration of
freshwater fisheries and other marine recreational gear sold by these
retailers, it is difficult to judge the impacts from this proposed
action on these businesses. Recreational fishing businesses may offset
potential losses associated with certain reduced catch limits proposed
for 2027-28 by benefiting from additional fishing opportunities to
target and retain sablefish in addition to the limits for other
groundfish, and by retaining Pacific halibut, on the same trip during
the applicable season in each state fishery. Additionally, during the
2027-28 biennium this proposed action would create new opportunities to
retain a limited amount of yelloweye rockfish (all three states) and
cowcod (California) in the recreational groundfish fisheries.
NMFS considers two criteria in determining the significance of
adverse regulatory effects: disproportionality and profitability.
Disproportionality: This criterion compares the effect of the
regulatory action between small and large entities. Regulations related
to harvest specifications, including inter- and intra-sector
allocations, are largely fixed within the Groundfish FMP framework and
are not impacted by biennial determination of ACLs. Management measures
are created for each commercial and state recreational fishery
independently, with the majority of groundfish participants made up of
exclusively small entities. Within the trawl sector, small entities
could be at a competitive disadvantage if quota pound (QP) availability
for key species such as canary rockfish or shortspine thornyhead
results in QP prices increasing. Larger entities may be able to outbid
those entities in order to prosecute various fishing strategies,
including Pacific whiting. For the non-trawl commercial sectors (OA and
LEFG), where there are some large entities participating in the LEFG
sector, it is possible that smaller entities would be impacted to a
greater extent than larger entities given that opportunities are
declining for most non-sablefish species. However, the declines for
non-sablefish species would not result in significant decreases to any
non-trawl trip limit, therefore, the extent of any potential
disproportionate impacts would not be significant.
Profitability: There are no anticipated compliance or regulatory
costs to entities associated with this action. This proposed rule is
expected to have both positive and negative impacts on profitability.
Positive impacts are anticipated to result from new opportunities to
retain yelloweye rockfish in all three state recreational fisheries
and, in addition, cowcod in the California recreational fishery.
Positive impacts are also anticipated for any
[[Page 60272]]
stock with increased harvest specifications, which would result in
increased fishing opportunity. Negative impacts may result given that
costs are expected to remain the same (or increase with inflation) and
some fishing opportunities are expected to decline due to decreases in
ACLs for certain stock/stock complexes. Most notably, participants who
target widow rockfish are likely to see losses in profitability due to
a 40 percent reduction in the proposed ACL. While the ACL for the
Pacific Coast groundfish fishery's most profitable stock, sablefish,
decreases by almost 60 percent, it remains at historical highs, as
explained above; therefore, fishery participants who target sablefish
are still expected to benefit from the 2027-28 sablefish quotas and no
adverse impacts are anticipated from the proposed reductions.
Accordingly, for the subset of the fishery that targets sablefish, the
profits from that stock may balance the potential decreases in
profitability due to the reductions in other ACLs. Moreover, short-term
economic losses from reduced harvest specifications in 2027-28 are not
anticipated to impose significant adverse economic impacts for fishery
participants in the Pacific Coast groundfish's complex multi-species
fishery overall, as harvest specifications are set to achieve optimum
yield across biennia and thus promote long-term economic stability by
protecting the long-term health of groundfish stocks.
Data used to inform the draft Analysis come primarily from the
Pacific Fisheries Information Network (PacFIN) and the Pacific Coast
Recreational Fisheries Information Network (RecFIN), which includes
data provided by the states of Oregon, California, and Washington on
commercial and recreational fishing trips and landings. Other data
sources include the California Passenger Fishing Vessel survey, the
West Coast Region permit database, and the West Coast Region Individual
Fishing Quota Account public database. The number of entities predicted
to be impacted is generally based on the level of participation in the
previous year (2025), and as noted above is in some cases likely to be
an overestimate of the true number of entities likely to be impacted if
current trends continue. However, it is possible that as environmental
or management conditions change in other fisheries, such changes may
impact the level of participation in the Pacific Coast groundfish
fishery beyond what is predicted here.
There are no new reporting or recordkeeping requirements associated
with this action.
There are no Federal rules that duplicate, overlap, or conflict
with the proposed rule.
Based on the rationale above and contained in the draft Analysis
(see Electronic Access under ADDRESSES), NMFS has concluded that this
proposed action 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.
This proposed rule contains no information collection requirements
under the Paperwork Reduction Act of 1995.
Pursuant to E.O. 13175, this rule was developed after meaningful
consultation and collaboration with tribal officials from the area
covered by the Groundfish FMP. Under the Magnuson-Stevens Act at 16
U.S.C. 1852(b)(5), one of the voting members of the Pacific Fishery
Management Council must be a representative of an Indian tribe with
federally recognized fishing rights from the area of the Council's
jurisdiction. The tribal representative on the Council made a motion to
adopt the tribal management measures, which was passed by the Council,
and those management measures, which were developed and proposed by the
tribes, are included in this rule.
List of Subjects
50 CFR Part 300
Fisheries, Fishing.
50 CFR Part 660
Fisheries, Fishing, Reporting and recordkeeping requirements.
Dated: September 16, 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 parts 300 and 660 as follows:
PART 300--INTERNATIONAL FISHERIES REGULATIONS
0
1. The authority citation for part 300 continues to read as follows:
Authority: 16 U.S.C. 951 et seq., 16 U.S.C. 1801 et seq., 16
U.S.C. 5501 et seq., 16 U.S.C. 2431 et seq., 31 U.S.C. 9701 et seq.
0
2. Amend Sec. 300.63 by revising paragraphs (c)(5)(ii)(A)(4) and
(c)(6)(ii)(G) to read as follows:
* * * * *
(c) * * *
(5) * * *
(ii) * * *
(A) * * *
(4) Recreational fishing for halibut is prohibited within the
Stonewall Bank YRCA. It is unlawful for recreational fishing vessels to
take and retain, possess, or land halibut taken with recreational gear
within the Stonewall Bank YRCA. A vessel fishing in the Stonewall Bank
YRCA may not possess any halibut. Recreational vessels may transit
through the Stonewall Bank YRCA with or without halibut onboard. The
Stonewall Bank YRCA is defined at 50 CFR 660.70(i).
* * * * *
(6) * * *
(ii) * * *
(G) Modification of the Stonewall Bank Yelloweye Rockfish
Conservation Area (YRCA) restrictions off Oregon as defined in
groundfish regulations at 50 CFR 660.70(i).
* * * * *
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
3. In Sec. 660.40, remove paragraphs (a) and (b).
0
4. In Sec. 660.50, revise paragraphs (f)(4), (f)(10) through (25), and
(g)(2) to read as follows:
Sec. 660.50 Pacific Coast treaty Indian fisheries.
* * * * *
(f) * * *
(4) Canary rockfish. The Tribal harvest guideline is 35 mt per
year.
* * * * *
(10) Nearshore Rockfish. The Tribal harvest guideline is 1.5 mt per
year.
(11) Other Flatfish. The tribal harvest guideline is 60 mt per
year.
(12) Pacific cod. The tribal harvest guideline is 500 mt per year.
(13) Pacific Ocean Perch. The tribal harvest guideline is 130 mt
per year.
(14) Pacific Spiny Dogfish. The tribal harvest guideline is 275 mt
per year.
(15) Pacific whiting. The Tribal allocation for 2026 is 49,130.20
mt, which is 17.5 percent of the 280,744 mt U.S. TAC.
(16) Petrale sole. The harvest guideline is 290 mt per year.
(17) Sablefish.
(i) The sablefish allocation to Pacific coast treaty Indian Tribes
is 10 percent of the sablefish ACL for the area north of 36[deg] N lat.
This allocation represents the total amount available to the treaty
[[Page 60273]]
Indian fisheries before deductions for discard mortality.
(ii) The Tribal allocation is 1,096 mt in 2027 and 1,186 mt in
2028. This allocation is, for each year, 10 percent of the Monterey
through Vancouver area (North of 36[deg] N lat.) ACL, including
estimated discard mortality.
(18) Shelf Rockfish. The tribal harvest guideline is 30 mt per
year.
(19) Slope Rockfish. The tribal harvest guideline is 36 mt per
year.
(20) Starry Flounder. The Tribal harvest guideline is 2 mt per
year.
(21) Thornyheads. The Tribal harvest guideline for shortspine
thornyhead is 40 mt per year and the tribal harvest guideline for
longspine thornyhead is 30 mt per year.
(22) Washington cabezon/kelp greenling. The tribal harvest
guideline is 2 mt per year.
(23) Widow rockfish. Widow rockfish taken in the directed tribal
midwater trawl fisheries are subject to a catch limit of 100 mt for the
entire fleet, per year.
(24) Yelloweye Rockfish. The tribal harvest guideline is 12 mt per
year.
(25) Yellowtail rockfish. Yellowtail rockfish taken in the directed
tribal mid-water trawl fisheries are subject to a catch limit of 1,000
mt for the entire fleet, per year.
(g) * * *
(2) Yelloweye rockfish. Subject to a 500-lb (227-kg) trip limit.
* * * * *
0
5. Amend Sec. 660.60 by:
0
a. Revising paragraph (a), the introductory text of paragraphs (b),
(c), and (c)(1), and paragraphs (c)(1)(i) and (c)(1)(ii);
0
b. Redesignating paragraph (c)(1)(iii) through (c)(1)(v) as (c)(1)(iv)
through (c)(1)(vi);
0
c. Adding new paragraph (c)(1)(iii); and
0
d. Revising paragraph (c)(2) introductory text.
The revisions and addition read as follows:
Sec. 660.60 Specifications and management measures.
(a) General. NMFS will establish and adjust specifications and
management measures biennially or annually and during the fishing year.
Regulations under this subpart may be promulgated, removed, or revised
during the fishing year. Any such action will be made according to the
framework standards and procedures in the PCGFMP and other applicable
law, and will be published in the Federal Register.
(b) Biennial actions. The Pacific Coast Groundfish fishery is
managed on a biennial, calendar year basis. Harvest specifications and
management measures will be announced biennially, with the harvest
specifications for each species or species group set for two sequential
calendar years. In general, management measures are designed to
achieve, but not exceed, the specifications (particularly optimum
yields, including but not limited to harvest guidelines, allocations,
quotas, and sharing agreements), and to protect overfished and depleted
stocks. Management measures will be designed to take into account the
co-occurrence ratios of target species with overfished species, and
will select measures that will minimize bycatch to the extent
practicable.
* * * * *
(c) Routine management measures. Catch restrictions that are likely
to be adjusted on a biennial, or more frequent basis may be imposed and
announced by a single notification in the Federal Register, if good
cause exists under the Administrative Procedure Act (APA) to waive
notice and comment, and if they have been designated as routine through
the two-meeting process described in the PCGFMP. Routine management
measures that may be revised during the fishing year, via this process,
are implemented in paragraph (h) of this section, and in subparts C
through G of this part, including tables 1a through 1c and tables 2a
through 2c to subpart C of this part, tables 1a and 1b (North) and
tables 1a and 1b (South) of subpart D of this part, tables 2a and 2b
(North) and tables 2a and 2b (South) of subpart E of this part, and
tables 3a and 3b (North) and tables 3a and 3b (South) of subpart F of
this part. Most trip, bag, and size limits, and most Groundfish
Conservation Area closures have been designated as ``routine,'' which
means they may be changed rapidly after a single Council meeting.
Council meetings are held in the months of March, April, June,
September, and November. Inseason changes to routine management
measures are announced in the Federal Register pursuant to the
requirements of the APA. Changes to routine management measures are
effective at the times stated in the Federal Register. All routine
management measures for commercial and recreational fisheries are
intended to keep landings within the harvest levels announced by NMFS,
to rebuild and protect overfished or depleted species, to maintain
consistency with State regulations, and for the other purposes set
forth in this section. The following catch restrictions have been
designated as routine and can be applied to sectors and gear types
individually or collectively:
(1) Commercial Limited Entry and Open Access Fisheries, all gear
types--
(i) Trip limits. Trip limits, including sub-trip limits, for any
groundfish species, as defined under ``Groundfish'' at Sec. 660.11,
separately or in any combination. In addition, sub-limits or aggregate
limits may be specified for groundfish stocks managed outside the
Shorebased IFQ Program. Once a trip limit change is effective, it is
illegal to take and retain, possess, or land more fish than allowed
under the new trip limit. This means that, unless otherwise announced
in the Federal Register, offloading must begin before the time a
fishery closes or a more restrictive trip limit takes effect.
(ii) Size limits. Size limits for sablefish and lingcod.
(iii) Closures. Closures include depth-based closures, area
closures, seasonal closures, and other fishery closures (e.g., species,
sector, or gear-specific), as defined in Sec. 660.11.
* * * * *
(2) Recreational fisheries, all gear types--Routine management
measures for all groundfish species, separately or in any combination,
include bag limits, sub-bag limits, size limits, time and area
closures, other fishery closures, boat limits, hook limits, and
dressing requirements. All routine management measures on recreational
fisheries are intended to keep landings within the harvest levels
announced by NMFS, to rebuild and protect overfished or depleted
species, and to maintain consistency with State regulations, and for
the other purposes set forth in this section.
* * * * *
0
6. Amend Sec. 660.70 by:
0
a. Removing paragraphs (j) and (k), and redesignating paragraphs (l)
and (m) as paragraphs (j) and (k); and
0
b. Removing paragraphs (n) through (r) and re-designating paragraphs
(s) and (t) as paragraphs (l) and (m).
0
7. Amend Sec. 660.71 by:
0
a. Revising paragraph (b)(1);
0
b. Re-designating paragraphs (b)(2) through (112) as paragraphs (b)(3)
through (113); and
0
c. Adding new paragraph (b)(2).
The revisions read as follows:
Sec. 660.71 Latitude/longitude coordinates defining the 10-fm (18-m)
through 40-fm (73-m) depth contours.
* * * * *
(b) * * *
(1) 48[deg]25.00' N lat., 124[deg]44.06' W long.;
[[Page 60274]]
(2) 48[deg]25.00' N lat., 120[deg]45.22' W long.;
* * * * *
0
8. Revise tables 1a through 1c to part 660, subpart C, to read as
follows:
Table 1a to Part 660, Subpart C--2027, Specifications of OFL, ABC, ACL, ACT and Fishery HG
[Weight in metric tons]
----------------------------------------------------------------------------------------------------------------
Species/stock Area OFL ABC ACL \a\ Fishery HG \b\
----------------------------------------------------------------------------------------------------------------
Arrowtooth Flounder........... Coastwide....... 12,152 7,947 7,947 5,879.5
Big Skate..................... Coastwide....... 1,398 1,155 1,155 1,105.8
Black Rockfish................ Washington...... 260 240 240 221.7
Black Rockfish................ California...... 281 260 249 248.8
Bocaccio...................... S of 40[deg]10' 2,542 2,288 2,288 2,284.9
N lat.
Cabezon....................... California...... 165 150 150 149.6
California Quillback Rockfish California...... 13 12 12 12
\c\.
California Scorpionfish....... California...... 263 233 233 232.5
Canary Rockfish............... Coastwide....... 694 643 643 601.5
Chilipepper................... S of 40[deg]10' 3,194 2,986 2,986 2,980.6
N lat.
Cowcod........................ S of 40[deg]10' 111 74 74 73.3
N lat.
Darkblotched Rockfish......... Coastwide....... 859 773 773 751.9
Dover Sole.................... Coastwide....... 42,064 38,573 38,573 37,026.2
English Sole.................. Coastwide....... 4,072 3,168 3,168 2,956
Lingcod....................... N of 40[deg]10' 4,140 3,482 3,482 3,212.9
N lat.
Lingcod \d\................... S of 40[deg]10' 966 812 789 786.8
N lat.
Longnose Skate................ Coastwide....... 1,872 1,546 1,546 1,303.8
Longspine Thornyhead.......... Coastwide....... 4,076 2,471 .............. ..............
Longspine Thornyhead...... N of 34[deg]27' .............. .............. 1,878 1,833.9
N lat.
Longspine Thornyhead...... S of 34[deg]27' .............. .............. 593 592.1
N lat.
Pacific Cod................... Coastwide....... 3,200 1,926 1,600 1,099.9
Pacific Ocean Perch........... N of 40[deg]10' 3,856 3,123 3,123 2,987.6
N lat.
Pacific Spiny Dogfish......... Coastwide....... 1,810 1,278 1,278 990.2
Pacific Whiting \e\........... Coastwide....... .............. .............. .............. ..............
Petrale Sole.................. Coastwide....... 2,645 2,489 2,489 2,171.7
Sablefish..................... Coastwide....... 14,935 13,964 13,964 ..............
Sablefish................. N of 36[deg] N .............. .............. 10,962 9,774.8
lat.
Sablefish................. S of 36[deg] N .............. .............. 3,002 2,990.3
lat.
Shortspine Thornyhead \f\..... Coastwide....... 994 902 902 849.3
Splitnose..................... S of 40[deg]10' 796 620 620 615.9
N lat..
Starry Flounder............... Coastwide....... 652 393 393 377.8
Widow Rockfish................ Coastwide....... 6,239 6,238 6,238 6,137.4
Yelloweye Rockfish \g\........ Coastwide....... 129 113 113 96.6
Yellowtail Rockfish........... N of 40[deg]10' 5,051 5,050 5,050 4,043.1
N lat..
----------------------------------------------------------------------------------------------------------------
Species/Stock Complexes
----------------------------------------------------------------------------------------------------------------
Blue/Deacon/Black Rockfish.... Oregon.......... 495 448 448 447.5
Cabezon/Kelp Greenling........ Washington...... 19 14 14 12.5
Cabezon/Kelp Greenling........ Oregon.......... 193 174 174 173.5
Nearshore Rockfish North...... N of 40[deg]10' 104 85 85 82.3
N lat..
Nearshore Rockfish South \h\.. S of 40[deg]10' 1,145 929 928 925.6
N lat..
Other Fish.................... Coastwide....... 286 223 223 218.5
Other Flatfish................ Coastwide....... 9,367 6,577 6,577 6,451.7
Shelf Rockfish North.......... N of 40[deg]10' 1,673 1,342 1,342 1,293.3
N lat..
Shelf Rockfish South \i\...... S of 40[deg]10' 1,832 1,457 1,456 1,443.1
N lat..
Slope Rockfish North.......... N of 40[deg]10' 1,966 1,623 1,089 1,039.4
N lat..
Slope Rockfish South.......... S of 40[deg]10' 878 699 688 686.8
N lat..
----------------------------------------------------------------------------------------------------------------
\a\ Annual catch limits (ACLs), annual catch targets (ACTs) and harvest guidelines (HGs) are specified as total
catch values.
\b\ Fishery HGs means the HG or quota after subtracting Pacific Coast treaty Indian Tribes allocations and
projected catch, projected research catch, deductions for fishing mortality in non-groundfish fisheries, and
deductions for EFPs from the ACL or ACT. These deductions, as well as any HG sharing agreements between states
and/or sectors, are published in the SAFE.
\c\ California quillback rockfish off California has a recreational ACT of 7.1 mt.
\d\ Lingcod south of 40[deg]10' N lat. has a recreational ACT of 387.1 mt for south of 4010 N lat.
\e\ Pacific whiting ACLs are set through an annual US/Canada treaty process external to the Council.
\f\ Shortspine thornyhead has a commercial ACT of 61.6 mt for north of 34[deg]27' N lat.
\g\ Yelloweye rockfish has a non-trawl ACT of 69.7 mt and a non-nearshore ACT of 14.6 mt. The recreational ACTs
are: 17.9 mt (Washington), 16.3 mt (Oregon), and 21.1 mt (California).
\h\ Vermilion/sunset rockfish has a recreational ACT of 168 mt for south of 40[deg]10' N lat.
\i\ Copper rockfish has a recreational ACT of 20.1 mt for south of 34[deg]27' N lat.
[[Page 60275]]
Table 1b to Part 660, Subpart C--2027, Allocations by Species or Species Group
[Weight in metric tons]
--------------------------------------------------------------------------------------------------------------------------------------------------------
Trawl Non-trawl
Species/stock & complexes Area Fishery HG or ---------------------------------------------------
ACT % mt % mt
--------------------------------------------------------------------------------------------------------------------------------------------------------
Arrowtooth Flounder........................... Coastwide........................ 5,879.5 95 5,585.5 5 294
Big Skate..................................... Coastwide........................ 1,105.8 95 1,050.5 5 55.3
Bocaccio...................................... S of 40[deg]10' N lat............ 2,284.9 39 891.1 61 1,393.8
Canary Rockfish............................... Coastwide........................ 601.5 72.3 434.9 27.7 166.6
Chilipepper................................... S of 40[deg]10' N lat............ 2,980.6 75 2,235.5 25 745.2
Cowcod........................................ S of 40[deg]10' N lat............ 73.3 36 26.4 64 46.9
Darkblotched Rockfish......................... Coastwide........................ 751.9 95 714.3 5 37.6
Dover Sole.................................... Coastwide........................ 37,026.2 95 35,174.9 5 1,851.3
English Sole.................................. Coastwide........................ 2,956 95 2,808.2 5 147.8
Lingcod....................................... N of 40[deg]10' N lat............ 3,212.9 45 1,445.8 55 1,767.1
Lingcod....................................... S of 40[deg]10' N lat............ 786.8 40 314.7 60 472.1
Longnose Skate................................ Coastwide........................ 1,303.8 90 1,173.4 10 130.4
Longspine Thornyhead.......................... N of 34[deg]27' N lat............ 1,833.9 95 1,742.2 5 91.7
Pacific Cod................................... Coastwide........................ 1,199.9 95 1,044.9 5 55
Pacific Ocean Perch........................... N of 40[deg]10' N lat............ 2,987.6 95 2,838.2 5 149.4
Pacific Whiting............................... Coastwide........................ ................. 100 ........... 0 ...........
Petrale Sole.................................. Coastwide........................ 2,171.7 ........... 2,141.7 ........... 30
---------------------------------------------------
Sablefish..................................... N of 36[deg] N lat............... 9,774.8 See Table 1c.
---------------------------------------------------
Sablefish..................................... S of 36[deg] N lat............... 2,990.3 42 1,255.9 58 1,734.4
Shortspine Thornyhead......................... Coastwide........................ 849.3 71 603 29 246.3
Splitnose..................................... S of 40[deg]10' N lat............ 615.9 95 585.1 5 30.8
Starry Flounder............................... Coastwide........................ 377.8 50 188.9 50 188.9
Widow Rockfish................................ Coastwide........................ 6,137.4 ........... 5,837.4 ........... 300
Yelloweye Rockfish............................ Coastwide........................ 96.6 8 7.7 92 88.9
Yellowtail Rockfish........................... N of 40[deg]10' N lat............ 4,043.1 88 3,557.9 12 485.2
Other Flatfish................................ Coastwide........................ 6,451.7 90 5,806.5 10 645.2
Shelf Rockfish North.......................... N of 40[deg]10' N lat............ 1,293.3 60.2 778.6 39.8 514.7
Shelf Rockfish South.......................... S of 40[deg]10' N lat............ 1,443.1 12.2 176.1 87.8 1,267
Slope Rockfish North.......................... N of 40[deg]10' N lat............ 1,039.4 81 841.9 19 197.5
Slope Rockfish South.......................... S of 40[deg]10' N lat............ 686.8 52.5 360.8 47.5 326
--------------------------------------------------------------------------------------------------------------------------------------------------------
Table 1c to Part 660, Subpart C--Sablefish North of 36[deg] N Lat. Allocations, 2027
[Weight in metric tons]
----------------------------------------------------------------------------------------------------------------
Percent Allocation (mt)
----------------------------------------------------------------------------------------------------------------
Non-tribal Commercial HG \a\.................................. ....................... 9,774.8
LE Share.................................................. 90.6 8,856
LE Trawl.............................................. 58 5,136
LEFG.................................................. 42 3,720
Primary........................................... 85 3,162
Trip limit........................................ 15 558
OA Share.................................................. 9.4 919
----------------------------------------------------------------------------------------------------------------
\a\ Off-the-top deductions from the ACL that result in the HG are in the SAFE.
0
9. Revise tables 2a through 2c to part 660, subpart C, to read as
follows:
Table 2a to Part 660, Subpart C--2028, and Beyond, Specifications of OFL, ABC, ACL, ACT, and Fishery HG
[Weight in metric tons]
----------------------------------------------------------------------------------------------------------------
Species/stock Area OFL ABC ACL \a\ Fishery HG \b\
----------------------------------------------------------------------------------------------------------------
Arrowtooth Flounder........... Coastwide....... 11,107 7,131 7,131 5,062.8
Big Skate..................... Coastwide....... 1,372 1,122 1,122 1,072.8
Black Rockfish................ Washington...... 261 241 241 222.3
Black Rockfish................ California...... 293 270 261 260.7
Bocaccio...................... S of 40[deg]10' 2,438 2,185 2,185 2,182.1
N lat.
Cabezon....................... California...... 161 146 146 145.4
California Quillback Rockfish California...... 13 12 12 12
\c\.
California Scorpionfish....... California...... 261 229 229 228.6
Canary Rockfish............... Coastwide....... 720 664 664 622.5
[[Page 60276]]
Chilipepper................... S of 40[deg]10' 3,086 2,870 2,870 2,864.1
N lat.
Cowcod........................ S of 40[deg]10' 111 73 73 72
N lat.
Darkblotched Rockfish......... Coastwide....... 842 754 754 733.2
Dover Sole.................... Coastwide....... 39,010 35,616 35,616 34,069.6
English Sole.................. Coastwide....... 4,072 3,168 3,168 2,956
Lingcod....................... N of 40[deg]10' 4,128 3,439 3,439 3,170.1
N lat.
Lingcod \d\................... S of 40[deg]10' 984 820 796 793.8
N lat.
Longnose Skate................ Coastwide....... 1,852 1,515 1,515 1,272.4
Longspine Thornyhead.......... Coastwide....... 4,008 2,413 .............. ..............
Longspine Thornyhead.......... N of 34[deg]27' .............. .............. 1,834 1,789.3
N lat.
Longspine Thornyhead.......... S of 34[deg]27' .............. .............. 579 578.1
N lat.
Pacific Cod................... Coastwide....... 3,200 1,926 1,600 1,099.9
Pacific Ocean Perch........... N of 40[deg]10' 3,781 3,036 3,036 2,900.3
N lat.
Pacific Spiny Dogfish......... Coastwide....... 1,790 1,240 1,240 952.5
Pacific Whiting \e\........... Coastwide....... .............. .............. .............. ..............
Petrale Sole.................. Coastwide....... 2,619 2,489 2,489 2,171.7
Sablefish..................... Coastwide....... 16,240 15,103 .............. ..............
Sablefish..................... N of 36[deg] N .............. .............. 11,856 10,579.7
lat.
Sablefish..................... S of 36[deg] N .............. .............. 3,247 3,235
lat.
Shortspine Thornyhead \f\..... Coastwide....... 1,013 902 902 849.3
Splitnose..................... S of 40[deg]10' 796 620 620 615.9
N lat.
Starry Flounder............... Coastwide....... 652 393 393 377.8
Widow Rockfish................ Coastwide....... 6,239 6,238 6,238 6,137.4
Yelloweye Rockfish \g\........ Coastwide....... 131 113 113 96.8
Yellowtail Rockfish........... N of 40[deg]10' 4,859 4,730 4,730 3,723.1
N lat.
Blue/Deacon/Black Rockfish.... Oregon.......... 502 452 452 451.7
Cabezon/Kelp Greenling........ Washington...... 19 14 14 12.4
Cabezon/Kelp Greenling........ Oregon.......... 193 173 173 172.9
Nearshore Rockfish North...... N of 40[deg]10' 103 83 83 81
N lat.
Nearshore Rockfish South \h\.. S of 40[deg]10' 1,145 925 924 921.7
N lat.
Other Fish.................... Coastwide....... 286 223 223 218.5
Other Flatfish................ Coastwide....... 8,950 6,193 6,193 6,067.7
Shelf Rockfish North.......... N of 40[deg]10' 1,665 1,333 1,333 1,284.1
N lat.
Shelf Rockfish South \i\...... S of 40[deg]10' 1,831 1,453 1,453 1,439.8
N lat.
Slope Rockfish North.......... N of 40[deg]10' 1,964 1,612 1,086 1,036.2
N lat.
Slope Rockfish South.......... S of 40[deg]10' 877 696 686 684
N lat.
----------------------------------------------------------------------------------------------------------------
\a\ Annual catch limits (ACLs), annual catch targets (ACTs) and harvest guidelines (HGs) are specified as total
catch values.
\b\ Fishery HGs means the HG or quota after subtracting Pacific Coast treaty Indian tribes allocations and
projected catch, projected research catch, deductions for fishing mortality in non-groundfish fisheries, and
deductions for EFPs from the ACL or ACT. These deductions, as well as any HG sharing agreements between states
and/or sectors, are published in the SAFE.
\c\ California quillback rockfish off California has a recreational ACT of 7.1 mt;
\d\ Lingcod south of 40[deg]10' N lat. has a recreational ACT of 391.3 mt for south of 40[deg]10 N lat.;
\e\ Pacific whiting ACLs are set through an annual US/Canada treaty process external to the Council;
\f\ Shortspine thornyhead has a non-trawl commercial ACT of 61.6 mt for north of 34[deg]27' N lat.;
\g\ Yelloweye rockfish has a non-trawl ACT of 69.7 mt and a non-nearshore ACT of 14.6 mt. The recreational ACTs
are: 17.9 mt (Washington), 16.3 mt (Oregon), and 21.1 mt (California);
\h\ Vermilion/sunset rockfish has a recreational ACT of 164.4 mt for south of 40[deg]10' N lat.;
\i\ Copper rockfish has a recreational ACT of 22.0 mt for south of 34[deg]27' N lat.
Table 2b to Part 660, Subpart C--2028, and Beyond, Allocations by Species or Species Group
--------------------------------------------------------------------------------------------------------------------------------------------------------
Trawl Non-trawl
Species/stock & complexes Area Fishery HG or ---------------------------------------------------
ACT % mt % mt
--------------------------------------------------------------------------------------------------------------------------------------------------------
Arrowtooth Flounder........................... Coastwide........................ 5,062.8 95 4,809.7 5 253.1
Big Skate..................................... Coastwide........................ 1,072.8 95 1,019.2 5 53.6
Bocaccio...................................... S of 40[deg]10' N lat............ 2,182.1 39 851 61 1,331.1
Canary Rockfish............................... Coastwide........................ 622.5 72.3 450.1 27.7 172.4
Chilipepper................................... S of 40[deg]10' N lat............ 2,864.1 75 2,148.1 25 716
Cowcod........................................ S of 40[deg]10' N lat............ 72 36 25.9 64 46.1
Darkblotched Rockfish......................... Coastwide........................ 733.2 95 696.6 5 36.7
Dover Sole.................................... Coastwide........................ 34,069.6 95 32,366.1 5 1,703.5
English Sole.................................. Coastwide........................ 2,956 95 2,808.2 5 147.8
Lingcod....................................... N of 40[deg]10' N lat............ 3,170.1 45 1,426.6 55 1,743.6
Lingcod....................................... S of 40[deg]10' N lat............ 793.8 40 317.5 60 476.3
Longnose Skate................................ Coastwide........................ 1,272.4 90 1,145.2 10 127.2
Longspine Thornyhead.......................... N of 34[deg]27' N lat............ 1,789.3 95 1,699.9 5 89.5
Pacific Cod................................... Coastwide........................ 1,099.9 95 1,044.9 5 55
Pacific Ocean Perch........................... N of 40[deg]10' N lat............ 2,900.3 95 2,755.3 5 145
[[Page 60277]]
Pacific Whiting............................... Coastwide........................ ................. 100 ........... 0 ...........
Petrale Sole.................................. Coastwide........................ 2,171.7 ........... 2,141.7 ........... 30
---------------------------------------------------
Sablefish..................................... N of 36[deg] N lat............... 10,579.6 See Table 1c.
---------------------------------------------------
Sablefish..................................... S of 36[deg] N lat............... 3,235 42 1,358.8 58 1,876.4
Shortspine Thornyhead......................... Coastwide........................ 849.3 71 603 29 246.3
Splitnose..................................... S of 40[deg]10' N lat............ 615.9 95 585.1 5 30.8
Starry Flounder............................... Coastwide........................ 377.8 50 188.9 50 188.9
Widow Rockfish................................ Coastwide........................ 6,137.4 ........... 5,837.4 ........... 300.0
Yelloweye Rockfish............................ Coastwide........................ 96.7 8.0 7.7 92 89
Yellowtail Rockfish........................... N of 40[deg]10' N lat............ 3,723.1 88 3,276.3 12 446.8
Other Flatfish................................ Coastwide........................ 6,067.7 90 5,460.9 10 606.8
Shelf Rockfish North.......................... N of 40[deg]10' N lat............ 1,284.1 60.2 773.3 39.8 511.2
Shelf Rockfish South.......................... S of 40[deg]10' N lat............ 1,439.8 12.2 175.7 87.8 1,264.1
Slope Rockfish North.......................... N of 40[deg]10' N lat............ 1,036.2 81 839.3 19 196.9
Slope Rockfish South.......................... S of 40[deg]10' N lat............ 684 52.4 359.5 47.6 324.5
--------------------------------------------------------------------------------------------------------------------------------------------------------
Table 2c to Part 660, Subpart C--Sablefish North of 36[deg] N Lat. Allocations, 2028 and Beyond
[Weights in metric tons]
----------------------------------------------------------------------------------------------------------------
Percent Allocation (mt)
----------------------------------------------------------------------------------------------------------------
Non-tribal Commercial HG \a\.................................. ....................... 10,579.6
LE Share.................................................. 90.6 9,585
LE Trawl.............................................. 58 5,559
LEFG.................................................. 42 4,026
Primary........................................... 85 3,422
Trip limit........................................ 15 604
OA Share.................................................. 9.4 995
----------------------------------------------------------------------------------------------------------------
\a\ Off-the-top deductions from the ACL that result in the HG are in the SAFE.
0
10. Amend Sec. 660.230 by:
0
a. Removing paragraphs (d)(9) through (d)(13); and
0
b. Re-designating paragraph (d)(14) as paragraph (d)(9).
0
11. In Sec. 660.231, revise paragraph (b)(3)(i) to read as follows:
Sec. 660.231 Limited entry fixed gear sablefish primary fishery.
* * * * *
(b) * * *
(3) * * *
(i) A vessel participating in the primary season will be
constrained by the sablefish cumulative limit associated with each of
the permits registered for use with that vessel. During the primary
season, each vessel authorized to fish in that season under paragraph
(a) of this section may take, retain, possess, and land sablefish, up
to the cumulative limits for each of the permits registered for use
with that vessel (i.e., stacked permits). If multiple limited entry
permits with sablefish endorsements are registered for use with a
single vessel, that vessel may land up to the total of all cumulative
limits announced in this paragraph for the tiers for those permits,
except as limited by paragraph (b)(3)(ii) of this section. Up to three
permits may be registered for use with a single vessel during the
primary season; thus, a single vessel may not take and retain, possess
or land more than three primary season sablefish cumulative limits in
any one year. A vessel registered for use with multiple limited entry
permits is subject to per vessel limits for species other than
sablefish, and to per vessel limits when participating in the daily
trip limit fishery for sablefish under Sec. 660.232. In 2027, the
following annual limits are in effect: Tier 1 at 93,770 lb (42,533 kg),
Tier 2 at 42,623 lb (19,333 kg), and Tier 3 at 24,356 lb (11,047 kg).
In 2028 and beyond, the following limits are in effect: Tier 1 at
101,490 lb (46,030 kg), Tier 2 at 46,132 lb (20,923 kg), and Tier 3 at
26,361 lb (11,956 kg).
* * * * *
0
12. Revise table 2a (North) to part 660, subpart E, as follows:
Table 2a (North) to Part 660, Subpart E--Non-Trawl Rockfish Conservation
Area Boundaries
------------------------------------------------------------------------
Latitude Boundary
------------------------------------------------------------------------
North of 46[deg]16' N lat.:............ Shoreward EEZ-100 fm line.
46[deg]16' N lat.-42[deg]00' N lat..... 30 fm line-75 fm line.
42[deg]00' N lat.-40[deg]10' N lat..... Shoreward EEZ-75 fm line.
------------------------------------------------------------------------
Note 1 to table 2a (North): The Non-Trawl RCA is an area closed to
fishing with particular non-trawl gear types, as defined at Sec.
660.11. Non-Trawl RCA boundaries apply in the EEZ only; however, state
regulations may implement RCA boundaries in state waters; see
appropriate state regulations. Non-Trawl RCA boundaries may be revised
via inseason action; therefore, users should refer back to this table
throughout the year.
[[Page 60278]]
0
13. Amend Table 2b (North) to part 660, subpart E, by:
0
a. Revising the entries for ``Black rockfish (42[deg]00'-N lat.-
40[deg]10'N lat.)'', ``Nearshore rockfish complex (42[deg]00' N lat.-
40[deg]10' N lat.)'', ``Shelf rockfish complex'', ``Widow rockfish'',
``Yelloweye rockfish'', and ``Yellowtail rockfish'';
0
b. Removing the entry for ``Quillback rockfish (42[deg]00' N lat.-
40[deg]10' N lat.)''; and
0
c. Adding a new entry for ``California quillback rockfish (42[deg]00' N
lat.-40[deg]10' N lat.)'' between the entries for ``Cabezon/kelp
greenling complex (Oregon)'' and ``Canary rockfish''.
The revisions and addition read as follows:
Table 2b (North) to Part 660, Subpart E--Trip Limits for Limited Entry
Fixed Gear North of 40[deg]10' N lat.
------------------------------------------------------------------------
Species Trip limit
------------------------------------------------------------------------
* * * * * * *
Black rockfish (42[deg]00' N lat.- 8,000 lb/2 months.
40[deg]10' N lat.).
* * * * * * *
California quillback rockfish 300 lb/2 months.
(42[deg]00' N lat.-40[deg]10' N lat.).
* * * * * * *
Nearshore rockfish complex (42[deg]00' 3,000 lb/2 months.
N lat.-40[deg]10' N lat.).
* * * * * * *
Shelf rockfish complex................. 8,000 lb/2 months, of which no
more than 300 lb may be
vermilion/sunset rockfish.
* * * * * * *
Widow rockfish......................... 12,000 lb/2 months.
Yelloweye rockfish..................... 75 lb/2 months.
Yellowtail rockfish.................... 7,000 lb/2 months.
------------------------------------------------------------------------
Note 1 to table 2b (North): Trip limits apply in the EEZ only; see
appropriate state regulations for state trip limits. Trip limits are
effective year-round unless otherwise specified for different
cumulative periods (defined at Sec. 660.11 under ``Trip limits'').
Trip limits are effective from the U.S.-Canada border to 40[deg]10' N
lat. unless otherwise specified via latitudinal or state subdivisions
in this table. Stock complexes are defined at Sec. 660.11 under
``Groundfish''. Trip limits may be revised via inseason action;
therefore, users should refer back to this table throughout the year.
To convert pounds to kilograms, divide the weight in pounds by
2.20462. The resulting quotient is the weight in kilograms.
0
14. Revise table 2a (South) to part 660, subpart E, as follows:
Table 2a (South) to Part 660, Subpart E--Non-Trawl Rockfish Conservation
Area Boundaries
------------------------------------------------------------------------
Latitude Boundary
------------------------------------------------------------------------
40[deg]10' N lat.-37[deg]07' N lat..... Shoreward EEZ-75 fm line
37[deg]07' N lat.-34[deg]27' N lat..... 50 fm line-75 fm line
South of 34[deg]27' N lat.............. 100 fm line-150 fm line (also
applies around islands and
banks with both a 100 fm and
150 fm line defined at Sec.
660.73).
------------------------------------------------------------------------
Note 1 to table 2a (South): The Non-Trawl RCA is an area closed to
fishing with particular non-trawl gear types, as defined at Sec.
660.11. Non-Trawl RCA boundaries apply in the EEZ only; however, state
regulations may implement RCA boundaries in state waters; see
appropriate state regulations. Non-Trawl RCA boundaries may be revised
via inseason action; therefore, users should refer back to this table
throughout the year.
0
15. Amend table 2b (South) to part 660, subpart E, by:
0
a. Revising the entries for ``Chilipepper rockfish (40[deg]10' N lat.-
34[deg]27' N lat)'', ``Cowcod'', ``Shallow nearshore rockfish
complex'', ``Deeper nearshore rockfish complex'', ``Shortspine
thornyhead (south of 34[deg]27' N lat)'', ``Widow rockfish (40[deg]10'
N lat.-34[deg]27' N lat)'', and ``Yelloweye rockfish'';
0
b. Adding a new entry for ``California quillback rockfish'' in between
the entries for ``Cabezon'' and ``California scorpionfish'';
0
c. Adding a new entry for ``Deeper nearshore rockfish complex (south of
34[deg]27' N lat.)'' in between the entries for ``Deeper nearshore
rockfish complex (40[deg]10' N lat.-34[deg]27' N lat.)'' and ``Other
fish''; and
0
d. Removing the entries for ``Chilipepper rockfish (south of 34[deg]27'
N lat.)'' and ``Widow rockfish (south of 34[deg]27' N lat.).''
The revisions and additions read as follows:
Table 2b (South) to Part 660, Subpart E--Trip Limits for Limited Entry
Fixed Gear South of 40[deg]10' N lat.
------------------------------------------------------------------------
Species Trip limit
------------------------------------------------------------------------
* * * * * * *
California quillback rockfish.......... 300 lb/2 months.
* * * * * * *
Chilipepper rockfish................... 15,000 lb/2 months.
[[Page 60279]]
Cowcod................................. 75 lb/2 months.
* * * * * * *
Shallow nearshore rockfish............. 3,000 lb/2 months.
Deeper nearshore rockfish complex 3,000 lb/2 months.
(40[deg]10' N lat.-34[deg]27' N lat.).
Deeper nearshore rockfish complex 3,000 lb/2 months, of which no
(south of 34[deg]27' N lat.). more than 75 lb may be copper
rockfish.
* * * * * * *
Shortspine thornyhead (south of 5,000 lb/2 months.
34[deg]27' N lat.).
* * * * * * *
Widow rockfish......................... 24,000 lb/2 months.
Yelloweye rockfish..................... 75 lb/2 months.
------------------------------------------------------------------------
Note 1 to table 2b (South): Trip limits apply in the EEZ only; see
appropriate state regulations for state trip limits. Trip limits are
effective year-round unless otherwise specified for different
cumulative periods (defined at Sec. 660.11 under ``Trip limits'').
Trip limits are effective from 40[deg]10' N lat. to the U.S.-Mexico
border unless otherwise specified via latitudinal or state
subdivisions in this table. Stock complexes are defined at Sec.
660.11 under ``Groundfish''. Trip limits may be revised via inseason
action; therefore, users should refer back to this table throughout
the year. To convert pounds to kilograms, divide the weight in pounds
by 2.20462. The resulting quotient is the weight in kilograms.
0
16. Amend Sec. 660.330 by:
0
a. Removing paragraphs (d)(9) through (d)(13); and
0
b. Re-designating paragraphs (d)(14) through (d)(16) as paragraphs
(d)(9) through (d)(11).
0
17. Revise table 3a (North) to part 660, subpart F, as follows:
Table 3a (North) to Part 660, Subpart F--Non-Trawl Rockfish Conservation
Area Boundaries
------------------------------------------------------------------------
Latitude Boundary
------------------------------------------------------------------------
North of 46[deg]16' N lat.............. Shoreward EEZ-100 fm line.
46[deg]16' N lat.-42[deg]00' N lat..... 30 fm line-75 fm line.
42[deg]00' N lat.-40[deg]10' N lat..... Shoreward EEZ-75 fm line.
------------------------------------------------------------------------
Note 1 to table 3a (North): The Non-Trawl RCA is an area closed to
fishing with particular non-trawl gear types, as defined at Sec.
660.11. Non-Trawl RCA boundaries apply in the EEZ only; however, state
regulations may implement RCA boundaries in state waters; see
appropriate state regulations; see appropriate state regulations for
state closures. Non-Trawl RCA boundaries may be revised via inseason
action; therefore, users should refer back to this table throughout
the year.
0
18. Amend Table 3b (North) to part 660, subpart F, by:
0
a. Revising the entries for ``Black rockfish (42[deg]00' N lat.-
40[deg]10' N lat.)'', ``Nearshore rockfish complex (42[deg]00' N lat.-
40[deg]10' N lat.)'', ``Shelf rockfish complex (north of 42[deg]00' N
lat.)'', ``Widow rockfish'', ``Yelloweye rockfish'', and ``Yellowtail
rockfish'';
0
b. Removing the entry for ``Quillback rockfish (42[deg]00' N lat.-
40[deg]10' N lat.)'';
0
c. Adding a new entry for ``California quillback rockfish (42[deg]00' N
lat.-40[deg]10' N lat.)'' in between the entries for ``Cabezon/kelp
greenling complex (Oregon)'' and ``California rockfish''; and
0
d. Removing the entry for ``Shelf rockfish complex (42[deg]00' N lat.-
40[deg]10' N lat.)''.
The revisions and addition read as follows:
Table 3b (North) to Part 660, Subpart F--Trip Limits for Open Access
North of 40[deg]10' N lat.
------------------------------------------------------------------------
Species Trip limit
------------------------------------------------------------------------
* * * * * * *
Black rockfish (42[deg]00' N lat.- 8,000 lb/2 months.
40[deg]10' N lat.).
* * * * * * *
California quillback rockfish 300 lb/2 months
(42[deg]00' N lat.-40[deg]10' N lat.).
* * * * * * *
Nearshore rockfish complex (42[deg]00' 3,000 lb/2 months.
N lat.-40[deg]10' N lat.).
* * * * * * *
Shelf rockfish complex................. 6,400 lb./2 months, of which no
more than 300 lb may be
vermilion/sunset rockfish
* * * * * * *
Widow rockfish......................... 8,000 lb/2 months.
Yelloweye rockfish..................... 50 lb/2 months.
Yellowtail rockfish.................... 5,000 lb/2 months.
[[Page 60280]]
* * * * * * *
------------------------------------------------------------------------
Note 1 to table 3b (North): Trip limits apply in the EEZ only; see
appropriate state regulations for state trip limits. Trip limits are
effective year-round unless otherwise specified for different
cumulative periods (defined at Sec. 660.11 under ``Trip limits'').
Trip limits are effective from the U.S.-Canada border to 40[deg]10' N
lat. unless otherwise specified via latitudinal or state subdivisions
in this table. Stock complexes are defined at Sec. 660.11 under
``Groundfish''. Trip limits may be revised via inseason action;
therefore, users should refer back to this table throughout the year.
To convert pounds to kilograms, divide the weight in pounds by
2.20462. The resulting quotient is the weight in kilograms.
0
19. Revise table 3a (South) to part 660, subpart F, as follows:
Table 3a (South) to Part 660, Subpart F--Non-Trawl Rockfish Conservation
Area Boundaries
------------------------------------------------------------------------
Latitude Boundary
------------------------------------------------------------------------
40[deg]10' N lat.-37[deg]07' N lat..... Shoreward EEZ-75 fm line.
37[deg]07' N lat.-34[deg]27' N lat..... 50 fm line-75 fm line.
South of 34[deg]27' N lat.............. 100 fm line-150 fm line (also
applies around islands and
banks with both a 100 fm and
150 fm line defined at Sec.
660.73).
------------------------------------------------------------------------
Note 1 to table 3a (South): The Non-Trawl RCA is an area closed to
fishing with particular non-trawl gear types, as defined at Sec.
660.11. Non-Trawl RCA boundaries apply in the EEZ only; however, state
regulations may implement RCA boundaries in state waters; see
appropriate state regulations. Non-Trawl RCA boundaries may be revised
via inseason action; therefore, users should refer back to this table
throughout the year.
0
20. Amend table 3b (South) to part 660, subpart F, by:
0
a. Revising the entries for ``Chilipepper rockfish (40[deg]10' N lat.-
34[deg]27' N lat.)'', ``Cowcod'', ``Longspine thornyhead (40[deg]10' to
34[deg]27' N lat.)'', ``Shallow nearshore rockfish (south of 40[deg]10'
N lat.); excludes bronzespotted rockfish'', ``Shortspine thornyhead
(south of 34[deg]27' N lat.)'', ``Widow rockfish (40[deg]10' N lat.-
34[deg]27' N lat.)'', and ``Yelloweye rockfish'';
0
b. Adding a new entry for ``California quillback rockfish'' in between
the entries for ``Cabezon'' and ``California scorpionfish'';
0
c. Adding new entries for ``Deeper nearshore rockfish complex
(40[deg]10' N lat.-34[deg]27' N lat.)'' and ``Deeper nearshore rockfish
complex (south of 34[deg]27' N lat.)'' in between the entries for
``Shallow nearshore rockfish (south of 40[deg]10' N lat.)'' and ``Other
fish (defined at Sec. 660.11)''; and
0
d. Removing the entries for ``Chilipepper rockfish (south of 34[deg]27'
N lat.)'', ``Widow rockfish (south of 34[deg]27' N lat.), and ``Deeper
nearshore rockfish (south of 40[deg]10' N lat.)''.
The revisions and additions read as follows:
Table 3b (South) to Part 660, Subpart F--Trip Limits for Open Access
South of 40[deg]10' N Lat.
------------------------------------------------------------------------
Species Trip limit
------------------------------------------------------------------------
* * * * * * *
California quillback rockfish.......... 300 lb/2 months.
* * * * * * *
Chilipepper rockfish................... 9,000 lb/2 months.
Cowcod................................. 50 lb/2 months.
* * * * * * *
Longspine thornyheads (40[deg]10' to 100 lb/2 months.
34[deg]27' N lat.).
* * * * * * *
Shallow nearshore rockfish (south of 3,000 lb/2 months.
40[deg]10' N lat.).
Deeper nearshore rockfish complex 3,000 lb/2 months.
(40[deg]10' N lat.-34[deg]27' N lat.).
Deeper nearshore rockfish complex 3,000 lb/2 months, of which no
(south of 34[deg]27' N lat.). more than 75 lb may be copper
rockfish.
* * * * * * *
Shortspine thornyhead and longspine 100 lb/day, no more than 1,000
thornyhead (south of 34[deg]27' N lb/2 months for all periods.
lat.).
* * * * * * *
Widow rockfish......................... 16,000 lb/2 months.
Yelloweye rockfish..................... 50 lb/2 months.
------------------------------------------------------------------------
Note 1 to table 3b (South): Trip limits apply in the EEZ only; see
appropriate state regulations for state trip limits. Trip limits are
effective year-round unless otherwise specified for different
cumulative periods (defined at Sec. 660.11 under ``Trip limits'').
Trip limits are effective from 40[deg]10' N lat. to the U.S.-Mexico
border unless otherwise specified via latitudinal or state
subdivisions in this table. Stock complexes are defined at Sec.
660.11 under ``Groundfish''. Trip limits may be revised via inseason
action; therefore, users should refer back to this table throughout
the year. To convert pounds to kilograms, divide the weight in pounds
by 2.20462. The resulting quotient is the weight in kilograms.
[[Page 60281]]
0
21. In Sec. 660.360,
0
a. Revise table 1 to paragraph (c)(1)(i)(D), paragraph (c)(1)(ii),
paragraph (c)(2)(i)(A), paragraphs (c)(2)(iii)(A) and (B), and
paragraph (c)(2)(iii)(E);
0
b. Remove paragraph (c)(2)(iii)(F); and
0
c. Revise paragraph (c)(3).
The revisions read as follows:
Sec. 660.360 Recreational fishery--management measures.
* * * * *
(c) * * *
(1) * * *
(i) * * *
(D) * * *
BILLING CODE 3510-22-P
[[Page 60282]]
[GRAPHIC] [TIFF OMITTED] TP22SE26.025
BILLING CODE 3510-22-C
(ii) Rockfish. In areas of the EEZ seaward of Washington
(Washington Marine Areas 1-4) that are open to recreational groundfish
fishing, there is
[[Page 60283]]
a seven rockfish per day bag limit, including a sub-bag limit of five
canary rockfish. This also includes a sub-bag limit of one yelloweye
rockfish during the months of May and September only. In all other
months, taking and retaining yelloweye rockfish is prohibited in all
Marine Areas.
* * * * *
(2) * * *
(i) * * *
(A) Stonewall Bank yelloweye rockfish conservation area.
Recreational fishing for groundfish and halibut is prohibited within
the Stonewall Bank YRCA. It is unlawful for recreational fishing
vessels to take and retain, possess, or land groundfish taken with
recreational gear within the Stonewall Bank YRCA. A vessel fishing in
the Stonewall Bank YRCA may not be in possession of any groundfish.
Recreational vessels may transit through the Stonewall Bank YRCA with
or without groundfish on board. The Stonewall Bank YRCA is defined by
latitude and longitude coordinates specified at Sec. 660.70, subpart
C.
* * * * *
(iii) * * *
(A) Marine fish. The bag limit is 10 marine fish per day, which
includes rockfish, kelp greenling, cabezon, and other groundfish
species. Under the marine fish daily bag limit, there is a sub-bag
limit of one fish per day for yelloweye rockfish. The daily bag limit
in the long-leader gear fishery is 10 fish per day with a sub-bag limit
of five fish per day for canary rockfish. The bag limit of marine fish
excludes Pacific halibut, salmonids, tuna, perch species, sturgeon,
sanddabs, flatfish, lingcod, sablefish, striped bass, hybrid bass,
offshore pelagic species, and baitfish (e.g., herring, smelt,
anchovies, and sardines). The minimum size for cabezon retained in the
Oregon recreational fishery is 16 in (41 cm) total length.
(B) Lingcod. There is a three fish limit per day. The minimum size
for lingcod retained in the Oregon recreational fishery is 22 in (56
cm) total length. For vessels using long-leader gear (as defined in
Sec. 660.351), possession of lingcod is prohibited.
* * * * *
(E) In the Pacific halibut fisheries. Retention of groundfish is
governed in part by annual management measures for Pacific halibut
fisheries, which are published in the Federal Register. Between the
Columbia River and Humbug Mountain, during days open to the ``all-
depth'' sport halibut fisheries when the recreational groundfish
fishery is restricted to inside of the 40-fm (73 m) depth restriction
and Pacific halibut are onboard the vessel, no groundfish, except
sablefish, Pacific cod, and other species of flatfish (sole, flounder,
sanddab), may be taken and retained, possessed or landed, except with
long-leader gear (as defined at Sec. 660.351). ``All-depth'' season
days are established in the annual management measures for Pacific
halibut fisheries, which are published in the Federal Register and are
announced on the NMFS Pacific halibut hotline, 1-800-662-9825.
(3) California. Seaward of California, for groundfish species not
specifically mentioned in this paragraph, fishermen are subject to the
overall 20-fish bag limit for all species of finfish, of which no more
than 10 fish of any one species may be taken or possessed by any one
person. Petrale sole, Pacific sanddab, and starry flounder are not
subject to a bag limit. Recreational spearfishing for all Federally-
managed groundfish, is exempt from closed areas and seasons, consistent
with Title 14 of the California Code of Regulations. This exemption
applies only to recreational vessels and divers provided no other
fishing gear, except spearfishing gear, is on board the vessel.
Retention of bronzespotted rockfish and quillback rockfish is
prohibited in the recreational fishery seaward of California all year
in all areas. Retention of species or species groups for which the
season is closed is prohibited in the recreational fishery seaward of
California all year in all areas, unless otherwise authorized in this
section. For each person engaged in recreational fishing in the EEZ
seaward of California, the following closed areas, seasons, bag limits,
and size limits apply:
(i) Recreational groundfish conservation areas off California. A
Groundfish Conservation Area (GCA), a type of closed area, is a
geographic area defined by coordinates expressed in degrees latitude
and longitude. The following GCAs apply to participants in California's
recreational fishery.
(A) Recreational rockfish conservation areas. The Recreational RCAs
are areas that are closed to recreational fishing for certain
groundfish. Fishing for the Rockfish Complex as defined in paragraph
(c)(3)(ii) of this section, or lingcod, with recreational gear is
prohibited within the Recreational RCA. It is unlawful to take and
retain, possess, or land the Rockfish Complex or lingcod taken with
recreational gear within the Recreational RCA, unless otherwise
authorized in this section. A vessel fishing in the Recreational RCA
may not be in possession of any species prohibited by the restrictions
that apply within the Recreational RCA. For example, if a vessel fishes
in the recreational salmon fishery within the Recreational RCA, the
vessel cannot be in possession of lingcod or any species in the
Rockfish Complex while in the Recreational RCA. The vessel may,
however, on the same trip, fish for and retain species in the Rockfish
Complex shoreward of the Recreational RCA on the return trip to port.
If the season is closed for a species or species group, fishing for
that species or species group is prohibited both within the
Recreational RCA and outside of the Recreational RCA, unless otherwise
authorized in this section. In times and areas where a Recreational RCA
is in place, vessels may stop, anchor in, or transit through waters
closed by the Recreational RCA so long as they do not have any hook-
and-line fishing gear in the water. Coordinates approximating boundary
lines at the 30 fm (55 m) through 100 fm (183 m) depth contours can be
found at Sec. Sec. 660.71 through 660.73. The recreational fishing
season structure and Recreational RCA depth boundaries seaward of
California by management area and month are as follows:
(1) Between 42[deg] N lat. (California/Oregon border) and
40[deg]10' N lat. (Northern Management Area), recreational fishing for
the Rockfish Complex and lingcod is closed January 1 through March 31
and is open at all-depths from April 1 through December 31.
(2) Between 40[deg]10' N lat. and 38[deg]57.50' N lat. (Mendocino
Management Area), recreational fishing for the Rockfish Complex and
lingcod is closed from January 1 through March 31 and is open at all-
depths from April 1 through December 31.
(3) Between 38[deg]57.50' N lat. and 37[deg]11' N lat. (San
Francisco Management Area), recreational fishing for the Rockfish
Complex and lingcod is closed from January 1 through March 31 and is
open at all-depths from April 1 through December 31.
(4) Between 37[deg]11' N lat. and 34[deg]27' N lat. (Central
Management Area), recreational fishing for the Rockfish Complex and
lingcod is closed from January 1 through March 31 and is open at all-
depths from April 1 through December 31.
(5) South of 34[deg]27' N lat. (Southern Management Area),
recreational fishing for the Rockfish Complex and lingcod is closed
from January 1 through March 31 and is open at all-depths from April 1
through December 31.
(B) Groundfish exclusion areas (GEAs). GEAs are closed areas
defined by specific latitude and longitude
[[Page 60284]]
coordinates (specified at Sec. 660.70) where recreational and/or
commercial fishing for groundfish is prohibited unless otherwise noted
at Sec. 660.70(t). It is unlawful to fish for, take and retain,
possess (except for the purpose of continuous transit) or land
groundfish within the GEAs unless otherwise specified at Sec.
660.70(t). Prohibited recreational fishing gear for targeting
groundfish, as specified at Sec. 660.70(t), may not be deployed while
transiting through a GEA. If fishing for non-groundfish species within
a GEA, where all groundfish fishing is prohibited, then no groundfish
may be on board the vessel.
(C) Essential fish habitat conservation areas. The Essential Fish
Habitat Conservation Areas (EFHCAs) are closed areas, defined by
specific latitude and longitude coordinates at Sec. Sec. 660.76
through 660.79, subpart C where specified types of fishing are
prohibited. Prohibitions applying to specific EFHCAs are found at Sec.
660.12, subpart C.
(ii) Rockfish Complex. The Rockfish Complex includes all rockfish
in the genus Sebastes. This category does not include California
scorpionfish, also known as ``sculpin'', cabezon, or kelp greenling.
(A) When recreational fishing for the Rockfish Complex is open, it
is permitted only outside of the Recreational RCAs described in
paragraph (c)(3)(i) of this section.
(1) Between 42[deg] N lat. (California/Oregon border) and
40[deg]10' N lat. (Northern Management Area), recreational fishing for
the Rockfish Complex is closed from January 1 through March 31 and is
open April 1 through December 31.
(2) Between 40[deg]10' N lat. and 38[deg]57.50' N lat. (Mendocino
Management Area), recreational fishing for the Rockfish Complex is
closed from January 1 through March 31 and is open April 1 through
December 31.
(3) Between 38[deg]57.50' N lat. and 37[deg]11' N lat. (San
Francisco Management Area), recreational fishing for the Rockfish
Complex is closed from January 1 through March 31 and is open April 1
through December 31.
(4) Between 37[deg]11' N lat. and 34[deg]27' N lat. (Central
Management Area), recreational fishing for the Rockfish Complex is
closed from January 1 through March 31 and is open April 1 through
December 31.
(5) South of 34[deg]27' N lat. (Southern Management Area),
recreational fishing for the Rockfish Complex is closed from January 1
through March 31, and is open April 1 through December 31.
(B) Bag limits, hook limits. In times and areas when the
recreational season for the Rockfish Complex is open, there is a limit
of two hooks and one line when fishing for the Rockfish Complex. The
bag limit is 10 Rockfish Complex fish per day, with the following sub-
bag limits: two fish for vermilion/sunset rockfish, two fish for canary
rockfish, one fish for copper rockfish, one fish for yelloweye rockfish
during the month of December only, and one fish for cowcod during the
month of December only. These sub-bag limits count towards the bag
limit for the Rockfish Complex and are not in addition to that limit.
Retention of bronzespotted rockfish and quillback rockfish is
prohibited year-round. Retention of yelloweye rockfish and cowcod is
prohibited from January 1 through November 30. Multi-day limits are
authorized by a valid permit issued by California and must not exceed
the daily limit multiplied by the value of days in the fishing trip.
(C) Dressing/fileting. Yelloweye rockfish and cowcod must be landed
whole. All other Rockfish Complex filets must have the entire skin
attached.
(iii) Cabezon.
(A) Seasons. When recreational fishing for cabezon is open, it is
permitted both outside of and within the Recreational RCAs described in
paragraph (c)(3)(i) of this section. Recreational fishing for cabezon
is open from January 1 through December 31.
(B) Bag limits, hook limits. In times and areas when the
recreational season for cabezon is open, there is a limit of two hooks
and one line when fishing for cabezon. The bag limit is 10 fish per
day. Multi-day limits are authorized by a valid permit issued by
California and must not exceed the daily limit multiplied by the number
of days in the fishing trip.
(C) Dressing/fileting. Each cabezon filet must have the entire skin
attached.
(iv) Kelp greenling.
(A) Seasons. When recreational fishing for kelp greenling is open,
it is permitted both outside of and within the Recreational RCAs
described in paragraph (c)(3)(i) of this section. Recreational fishing
for kelp greenling is open from January 1 through December 31.
(B) Bag limits, hook limits. In times and areas when the
recreational season for kelp greenling is open, there is a limit of two
hooks and one line when fishing for kelp greenling. The bag limit is 10
fish per day. Multi-day limits are authorized by a valid permit issued
by California and must not exceed the daily limit multiplied by the
number of days in the fishing trip.
(C) Dressing/fileting. Each kelp greenling filet must have the
entire skin attached.
(v) Lingcod.
(A) Seasons. When recreational fishing for lingcod is open, it is
permitted only outside of the recreational RCAs described in paragraph
(c)(3)(i) of this section.
(1) Between 42[deg] N lat. (California/Oregon border) and
40[deg]10' N lat. (Northern Management Area), recreational fishing for
lingcod is open from April 1 through December 31 (i.e., recreational
fishing for lingcod in the EEZ is closed from January 1 through March
31).
(2) Between 40[deg]10' N lat. and 38[deg]57.50' N lat. (Mendocino
Management Area), recreational fishing for lingcod is open from April 1
through December 31 (i.e., recreational fishing for lingcod in the EEZ
is closed from January 1 through March 31).
(3) Between 38[deg]57.50' N lat. and 37[deg]11' N lat. (San
Francisco Management Area), recreational fishing for lingcod is open
from April 1 through December 31 (i.e., recreational fishing for
lingcod in the EEZ is closed from January 1 through March 31).
(4) Between 37[deg]11' N lat. and 34[deg]27' N lat. (Central
Management Area), recreational fishing for lingcod in the EEZ is open
from April 1 through December 31 (i.e., recreational fishing for
lingcod in the EEZ is closed from January 1 through March 31).
(5) South of 34[deg]27' N lat. (Southern Management Area),
recreational fishing for lingcod in the EEZ is open from April 1
through December 31 (i.e., recreational fishing for lingcod in the EEZ
is closed from January 1 through March 31).
(B) Bag limits, hook limits. In times and areas when the
recreational season for lingcod is open, there is a limit of 2 hooks
and 1 line when fishing for lingcod. The bag limit is two lingcod per
day. Multi-day limits are authorized by a valid permit issued by
California and must not exceed the daily limit multiplied by the number
of days in the fishing trip.
(C) Size limits. Lingcod may be no smaller than 22 in (56 cm) total
length.
(D) Dressing/fileting. Lingcod filets may be no smaller than 14 in
(36 cm) in length. Each lingcod filet must have the entire skin
attached.
(vi) ``Other Flatfish,'' petrale sole, and starry flounder. ``Other
Flatfish'' are defined at Sec. 660.11, and include butter sole,
curlfin sole, flathead sole, Pacific sanddab, rex sole, rock sole, and
sand sole.
(A) Seasons
[…truncated; see source link]Indexed from Federal Register on September 22, 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.