Home/Federal/Federal Register/2026-20873

Rule2026-20873

Magnuson-Stevens Act Provisions; Fisheries off West Coast States; Pacific Coast Groundfish Fishery; Pacific Coast Groundfish Fishery Management Plan; Fixed Gear Marking and Entanglement Risk Reduction

Primary source

Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.

Published

October 13, 2026

Effective

January 11, 2027

Issuing agencies

Commerce DepartmentNational Oceanic and Atmospheric Administration

Abstract

This rulemaking implements gear marking requirements and entanglement risk reduction measures for portions of the Pacific coast groundfish fishery. This rulemaking consists of mandatory requirements and voluntary measures. These new requirements and voluntary measures are established pursuant to the Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-Stevens Act). The intent of the gear marking requirements is to increase the likelihood of attributing entanglements to a specific fishery and gear type. The intent of the risk reduction measures is to reduce bycatch by decreasing the likelihood of marine animal entanglements with fishing line.

Full Text

<html>
<head>
<title>Federal Register, Volume 91 Issue 196 (Tuesday, October 13, 2026)</title>
</head>
<body><pre>
[Federal Register Volume 91, Number 196 (Tuesday, October 13, 2026)]
[Rules and Regulations]
[Pages 64791-64806]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-20873]

-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 660

[Docket No. 260925-0005]
RIN 0648-BN00

Magnuson-Stevens Act Provisions; Fisheries off West Coast States;
Pacific Coast Groundfish Fishery; Pacific Coast Groundfish Fishery
Management Plan; Fixed Gear Marking and Entanglement Risk Reduction

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: This rulemaking implements gear marking requirements and
entanglement risk reduction measures for portions of the Pacific coast
groundfish fishery. This rulemaking consists of mandatory requirements
and voluntary measures. These new requirements and voluntary measures
are established pursuant to the Magnuson-Stevens Fishery Conservation
and Management Act (Magnuson-Stevens Act). The intent of the gear
marking requirements is to increase the likelihood of attributing
entanglements to a specific fishery and gear type. The intent of the
risk reduction measures is to reduce bycatch by decreasing the
likelihood of marine animal entanglements with fishing line.

DATES:
Effective date: This final rule is effective January 11, 2027, with
the exception of Sec. Sec. 660.219(a)(1) and 660.319(a)(1), which are
effective October 13, 2026.
Compliance date: The compliance date for Sec. Sec. 660.219(b)(2)
and 660.319(b)(2), is January 11, 2030.

ADDRESSES: A plain language summary of this rulemaking and the
supporting statement for the Paperwork Reduction Act (PRA) information
collection is available at <a href="https://www.regulations.gov/docket/NOAA-NMFS-2024-0045">https://www.regulations.gov/docket/NOAA-NMFS-2024-0045</a>. Other information relevant to this rulemaking, which
includes an analysis that addresses Presidential Executive Order 12866,
the Regulatory Flexibility Act (RFA), and the statutory requirements of
the Magnuson-Stevens Act (the Analysis), may be obtained from the NMFS
West Coast Region website at: <a href="https://www.fisheries.noaa.gov/region/west-coast">https://www.fisheries.noaa.gov/region/west-coast</a>.

FOR FURTHER INFORMATION CONTACT: Gretchen Hanshew, 206-526-6147 or
<a href="/cdn-cgi/l/email-protection#b8dfcaddccdbd0ddd696d0d9d6cbd0ddcff8d6d7d9d996dfd7ce"><span class="__cf_email__" data-cfemail="086f7a6d7c6b606d66266069667b606d7f4866676969266f677e">[email&#160;protected]</span></a>.

SUPPLEMENTARY INFORMATION: The Pacific Coast groundfish fishery in the
U.S. exclusive economic zone (EEZ) seaward of Washington, Oregon, and
California (the West Coast) is managed under the Pacific Coast
Groundfish Fishery Management Plan (Groundfish FMP). This final rule
implements gear marking requirements and entanglement risk reduction
measures for portions of the Pacific Coast groundfish fishery. These
measures are consistent with the authority provided through the
Magnuson-Stevens Act section 303(a)(11) (16 U.S.C. 1853(a)(11)) for
conservation and management measures that, to the extent practicable,
minimize bycatch; and with the authority provided at Magnuson-Stevens
Act section 303(b)(4) (16 U.S.C. 1853(b)(4)) for measures that allow
for prohibiting, limiting, conditioning, or requiring use of specified
types of fishing gear. The framework for gear definitions and
restrictions is described in the Groundfish FMP in section 6.6, which
notes that gear definitions and restrictions may be revised through a
rulemaking process. Additionally, section 6.10.3 of the Groundfish FMP
authorizes gear identification requirements, and provides that these
requirements may be modified as necessary in Federal regulations.
This rulemaking consists of new mandatory requirements and
voluntary measures and is promulgated pursuant to the Magnuson-Stevens
Act section 303(c) and 304(b)(1)(A) (16 U.S.C. 1853(c) and 16 U.S.C.
1853(b)(1)(A)). The intent of the gear marking requirements for buoys
and portions of lines is to increase the likelihood of attributing
entanglements to a specific fishery. The intent of the risk reduction
measures is to reduce bycatch by decreasing the likelihood of marine
animal entanglements with fishing line. This rulemaking is, in part, in
response to increased rates of entanglement of humpback whales with
Pacific coast fishing gear since 2014. This rule also clarifies
requirements regarding the position of escape panels on pot gear to
prevent the escape panel from being on the bottom of the pot and to
promote consistency across the escape panel requirements for Federal
groundfish pot fisheries off Alaska and the three West Coast states.
This rulemaking also clarifies bottom longline regulations throughout
50 CFR part 660 for consistency with Pacific Fishery Management Council
(Council) recommendations implemented in this rulemaking.
Pursuant to Magnuson-Stevens Act section 303(c)(2) (16 U.S.C.
1853(c)(2)), the Council deemed the regulations in this rulemaking
necessary and appropriate to implement these actions in a December 20,
2024, letter from Council Executive Director, Merrick Burden, to
Regional Administrator Jennifer Quan. The proposed rule was published
on February 2, 2026 (91 FR 5408). The public comment period was open
through March 9, 2026. This rulemaking implements the Groundfish FMP,
consistent with the authority provided in sections 6.6 and 6.10.3 of
the Groundfish FMP, for gear restrictions being described in this final
rule.

Background

This final rule is based on the Council's final recommendations for
gear marking and entanglement risk reduction in the groundfish fishery
made at its June 2024 meeting in San Diego, CA. In developing the
recommended measures, the Council considered the results of a 2022
workshop with the groundfish fishing industry, ``Improving Gear Marking
in the U.S. West Coast Sablefish Pot Fishery,'' as well as reports from
its advisory bodies and public testimony. In spring 2026, NMFS
considered public comments on the proposed rule and advice from the
Council's enforcement consultants in developing this final rule.

The Needs and Scope of This Rulemaking

Marine animals, like whales and turtles, can get caught in fishing
gear, which can prevent them from eating or cause serious injury or
death. The animal most often entangled in gear associated with the
Pacific Coast groundfish fishery is the humpback whale.
This rulemaking removes the regulatory requirement to use surface
gear at both ends of groundfish pot and bottom longline gear sets,
allowing vessels to reduce the number of vertical lines in the water.
This voluntary measure is expected to reduce the

[[Page 64792]]

likelihood of entanglements. This rulemaking is also expected to help
NMFS track the source of entanglements by requiring gear-specific
marking on two types of commercial ``fixed gear'' used for catching
groundfish off the coasts of Washington, Oregon, and California: (1)
pot gear; and (2) bottom longline gear.
Groundfish pot gear (both traditional and slinky pot) uses a series
of pots connected by a rope (groundline) on the seafloor. A vertical
line and a surface buoy mark the gear's location. Pot gear may sit
unattended for 1.5 to up to 7 days, generally a longer period than for
bottom longline gear (2 to 48 hours). Because pot gear is heavier than
bottom longline gear, it may pose a higher risk of serious injury if an
animal becomes entangled.
Bottom longline gear is a horizontal rope (or groundline) with many
hooks that lies along the bottom of the sea floor, also marked by
vertical lines and surface buoys. It soaks for a shorter time, usually
2 to 48 hours, but may sit unattended for up to 7 days. Groundline for
bottom longline gear poses entanglement risk when marine mammals
attempt to eat hooked fish.
Entanglement can happen with these fixed gears on the surface with
surface lines or surface buoys/markers, in the water column with
vertical lines, or at/near the seafloor with the groundline or pots/
hooks. Entanglements can also happen with any component as the gear is
being hauled to the surface and retrieved. These pot and bottom
longline groundfish gears, when fished in Federal waters, are the only
gear types affected by this rulemaking. These two gear types, when used
to harvest groundfish, are hereafter collectively referred to as the
``subject gears'' or the ``subject gear types.'' This rulemaking does
not change the requirement that the subject gear types be attended at
sea at least every 7 days.

Gear Marking

This rulemaking implements new requirements in the Pacific Coast
groundfish fishery for marking all buoys and the top 20 fathoms (fm)
(120 feet (ft) or 37 meters (m)) of the vertical line used with the
subject gears. For the first 3 years after the initial effective date
of these requirements, temporary marking methods may be used to satisfy
the line marking requirements, and thereafter the top 20 fm (37 m) of
vertical line must be line manufactured in the designated color
schemes. NMFS is implementing two color-coded schemes for the new gear
marking requirements for the subject gears, as recommended by the
Council: one for groundfish pot gear and one for groundfish bottom
longline gear.

Table 1--Two-Color Marking Schemes for Bottom Longline and Pot Gears
----------------------------------------------------------------------------------------------------------------
Core color (may be
Groundfish gear type Color A & tag color Color B visible on some line
types)
----------------------------------------------------------------------------------------------------------------
Bottom Longline...................... Brown.................. Blue................... White.
Pot.................................. Orange................. Blue................... White.
----------------------------------------------------------------------------------------------------------------

New Requirements for Marking Buoys

NMFS is implementing a new requirement for either gear-specific
buoy tags to be attached to each surface buoy, or gear-specific marks
to be made directly on each buoy. Tag and buoy markings are ``GP'' for
pot and ``GL'' for bottom longline. Vessel identification information
must be on at least one buoy, per current regulations, but is also
required by this rulemaking to be marked on all other buoys used for
the subject gear types, either on the tag or directly on the buoy.
Markings are required on every buoy because it is possible that not all
buoys would remain connected if the surface gear were to become
entangled.
Each tag must have a physical indentation and a contrasting color.
Buoy tags on every surface buoy must be in a gear-specific color (table
1), with a gear-specific letter combination legibly marked on it. Tags
must be attached to fishing gear when deployed and must be on board the
vessel on a trip where groundfish pot or longline gear will be or has
been used to take and retain groundfish.
Gear-specific marks directly on buoys must be in capital letters at
least 3 inches (7.7 cm) in height and must be present at all times on a
trip in which the vessel is taking and retaining groundfish with the
subject gears, if gear marking tags are not on board.
In the proposed rule, NMFS proposed that the new buoy marking
requirements would require tags attached to each and every surface buoy
with a gear-specific color and engraved mark: capital letters ``P'' for
pots and ``L'' for bottom longline. Buoy tags were proposed because
they can be swapped out, which would allow a surface gear set up,
including the large buoys used with groundfish gear, to be used to
float different gear types. In this final rule, NMFS is requiring that
pot and bottom longline gear buoys are marked either by using buoy
tags, as proposed, or through gear-specific marks directly on the buoys
in response to public comments.
As described below in the Comments and Responses section, one
fisherman submitted comments on the proposed rule asking that vessel
operators be allowed the option for permanent fishery and gear-specific
marks on the buoys that are used to mark surface gear, in lieu of buoy
tags, because this option would be more efficient for certain operators
and require less maintenance than the proposed gear-specific buoy tags.
The State of California requires lobster pots to have buoys marked with
a ``P.'' NMFS considered the request in development of this final rule,
and this final rule implements the option to allow for buoy marking
using tags or directly on buoys. This final rule also includes a
requirement that the buoy marking include a fishery-specific mark as
well as a gear-specific mark. These fishery and gear-specific markings
must be ``GP'' for pot and ``GL'' for longline. See Changes from the
Proposed Rule for additional details.
NMFS notes that current regulations require that all fixed
groundfish gears, including the subject gears, have at least one buoy
with the vessel identification legibly marked on it, per current
regulations at 50 CFR 660.219 and 660.319. This requirement is not
revised with this rulemaking.

New Requirements for Marking Lines

This rulemaking requires two-color, gear-specific color schemes for
marking the top 20 fm (37 m) of each vertical line deployed in the
commercial, non-tribal, limited entry and directed open access
groundfish fishery for vessels using pot or bottom longline gears.
Lines must be marked in the specified colors by the manufacturer, with
strands in each color, except that temporary methods of marking (with
the same color scheme) is allowed for 3 years after the effective date
of the final rule.

[[Page 64793]]

With this rulemaking, NMFS requires that at least the top 20 fm (37
m) of vertical line be continuously marked. Manufactured line must
consist primarily of only the two gear-specific colors A and B
specified in table 1. Both colors must be used. NMFS requires that at
least one-third of the strands in the rope be one color and all the
other strands be the other color required in the gear-specific two-
color scheme. Presence of a third color, other than white, is
prohibited in the top 20 fm (37 m) to reduce the likelihood of mistaken
gear identification for gear that is observed entangled on marine
animals. NMFS acknowledges that some types of manufactured line may
have an inner core color that is necessary and shows through on the
outer surface of the line (i.e., a tracer). This core is usually white.
Manufactured line can be ordered by the coil; a standard coil has a
line length of 1,200 ft (365.8 m) and costs approximately $200-$500,
with custom colors available at no additional cost. Some manufacturers
offer different size coils. Manufactured line may be used to satisfy
the marking requirements for groundfish pot and bottom longline gears
immediately upon the effective date of a final rule.
NMFS expects that the most efficient option for complying with new
line marking requirements will be manufactured line in the specified
color schemes. Manufactured line is expected to have the greatest
longevity. However, some operators may have difficulties in initially
procuring manufactured line. Thus, to afford fishery participants
sufficient flexibility, and to achieve timely compliance with the line
marking requirements in this final rule, this rulemaking includes the
allowance to use temporary marking of existing lines for 3 years after
this rule's effective date. Any temporary marking scheme requires
continuous, alternating bands of the color schemes for each gear type
on at least the top 20 fm (37 m) of every vertical line. Alternating
marks must consist of colored rope sections that result in a
continuous, alternating two-color scheme for each groundfish fixed gear
type, as detailed in table 1 above. Each colored band for temporary
marks is required to be greater than 18 inches and up to 28 inches (46-
71 centimeters (cm)) of linear rope length. Presence of any color rope,
besides white, other than the color scheme shown in table 1 in the top
20 fm (37 m) of the vertical line is prohibited for vessels fishing for
groundfish with the subject gear types. In order to give fishery
operators flexibility in complying with this requirement, NMFS is not
specifying a method or material for applying temporary marks in the
first 3 years after this final rule is effective. In the development of
this action, the Council discussed multiple ways to temporarily achieve
the required marking scheme for vertical lines, such as paint (sprayed
or dipped) or colored tape. NMFS expects temporary marks will have a
lower immediate materials cost than manufactured line but may require
more time for maintenance. NMFS is implementing this flexibility in
this rulemaking, as recommended by the Council.

Summary of Gear Marking Requirements

The gear marking requirements implemented through this final rule
apply to vessels fishing in the limited entry or directed open access
groundfish fisheries with bottom longline or pot gear. This final rule
requires vessels using the subject fishing gears to comply with the
following gear-specific marking schemes (summarized in table 2).
All buoys deployed on limited entry or directed open access
groundfish pot surface gear must have either: (1) gear-specific orange
tags attached with capital letters ``GP'' engraved on both sides and
the letters must be in a contrasting color; or (2) capital letters
``GP'' permanently marked directly on the buoy in a contrasting color
and at least 3 inches (7.7 cm) in height. The vessel identification
number must be included on all buoy tags or directly on all buoys. All
markings must be maintained to be legible on an ongoing basis.
All buoys deployed on limited entry or directed open access
groundfish bottom longline surface gear must have either: (1) gear-
specific brown tags attached with capital letters ``GL'' engraved on
both sides and the letters must be in a contrasting color; or (2)
capital letters ``GL'' permanently marked directly on the buoy in a
contrasting color and at least 3 inches (7.7 cm) in height. The vessel
identification number must be included on all buoy tags or directly on
all buoys. All markings must be maintained to be legible on an ongoing
basis.
At least the top 20 fm (37 m) of vertical line used to deploy
bottom longline or pot gear in the limited entry or directed open
access fishery must be continuously marked in the appropriate gear-
specific color scheme. Bottom longline vertical lines are required to
be continuously marked in brown and blue. Pot gear vertical lines are
required to be continuously marked in orange and blue. Both colors must
be used; manufactured lines must be at least one-third of strands in
one color and all remaining strands in the other color, with any other
color besides white prohibited in the top 20 fm (37 m). Temporarily
marked lines are required to be gear-specific, two-color alternating,
in continuous bands between 18 and 28 inches (46 and 71 cm) each for a
minimum of 20 fm (37 m) at the top of every vertical line.
NMFS is requiring that manufactured line, and only manufactured
line, be used to mark vertical lines for the subject gears, beginning
January 11, 2030. After that date, temporary markings will no longer
satisfy line marking requirements.

Table 2--Summary Table of Gear Marking and Vessel Identification (ID)
Requirements for the Limited Entry (LE) and Directed Open Access (DOA)
Groundfish Bottom Longline and Pot Gear Fisheries
------------------------------------------------------------------------
Marking
Portion of gear requirement \1\ Marking details
------------------------------------------------------------------------
Every Buoy--Pot (LE or DOA), Orange tags with Every buoy must be
when deployed. at least 1.75 marked, either
inch (4.5 cm) with tags
tall capital securely
letters ``GP'' attached, or with
engraved in a legible marks
contrasting directly on the
color, or at buoy. Tags for
least 3 inch (7.7 any other fishery/
cm) tall capital gear must be
letters ``GP'' removed.
permanently
marked directly
on the buoys;
vessel ID on tags
or buoys.
Every Buoy--Bottom Longline (LE Brown tags with at Every buoy must be
or DOA), when deployed. least 1.75 inch marked, either
(4.5 cm) tall with tags
capital letters securely
``GL'' engraved attached, or with
in a contrasting legible marks
color, or at directly on the
least 3 inch (7.7 buoy. Tags for
cm) tall capital any other fishery/
letters ``GL'' gear must be
permanently removed.
marked directly
on the buoys;
vessel ID on tags
or buoys.

[[Page 64794]]

Every Buoy--Pot, On Board the Orange tags with Marks directly on
Vessel (LE or DOA). at least 1.75 buoys must be
inch (4.5 cm) legible. Tags
tall capital must be ready to
letters ``GP'' securely attach
engraved in a to every buoy and
contrasting color be presented to
are on board the authorized
vessel, or at officer upon
least 3 inch (7.7 request. Tags
cm) tall capital must be of
letters ``GP'' sufficient
permanently quantity to
marked directly attach to every
on the buoys; buoy.
vessel ID on tags
or buoys.
Every Buoy--Bottom Longline, On Brown tags with at Marks directly on
Board the Vessel (LE or DOA). least 1.75 inch buoys must be
(4.5 cm) tall legible. Tags
capital letters must be ready to
``GL'' engraved securely attach
in a contrasting to every buoy and
color are on be presented to
board the vessel, authorized
or at least 3 officer upon
inch (7.7 cm) request. Tags
tall capital must be of
letters ``GL'' sufficient
permanently quantity to
marked directly attach to every
on the buoys; buoy.
vessel ID on tags
or buoys.
Vertical line(s)--Pot, At least the top Colors other than
Manufactured (LE or DOA). 20 fm (37 m) is orange and blue
orange and blue are prohibited on
manufactured line the top 20 fm (37
\2\. m). White tracers
allowed.
Vertical line(s)--Bottom At least the top Colors other than
Longline, Manufactured (LE or 20 fm (37 m) is brown and blue
DOA). brown and blue are prohibited on
manufactured line the top 20 fm (37
\2\. m). White tracers
allowed.
Vertical line(s)--Pot, Temporary At least the top Visible original
(LE or DOA). 20 fm (37 m) line, in the full
continuously circumference, in
marked in any other color
alternating is prohibited in
orange and blue. the top 20 fm (37
Each color m). Temporary
segment must be markings only
between 18 and 28 satisfy marking
inches (46 and 71 requirements for
cm) long. 3 years from the
effective date of
the final rule.
Vertical line(s)--Bottom At least the top Visible original
Longline, Temporary (LE or DOA). 20 fm (37 m) line, in the full
continuously circumference, in
marked in any other color
alternating brown is prohibited in
and blue. Each the top 20 fm (37
color segment m). Temporary
must be between markings only
18 and 28 inches satisfy marking
(46 and 71 cm) requirements for
long. 3 years from the
effective date of
the final rule.
------------------------------------------------------------------------
\1\ Marking requirements are applicable when the vessel is fishing
groundfish with either pot or bottom longline gears in the EEZ.
\2\ NMFS requires at least 33 percent of strands in one color and the
remainder of strands in the other color.

Entanglement Risk Reduction

This section describes voluntary and required management measures
that are being implemented with the goal of reducing the risk of
entanglement of protected species and bycatch in the subject gear
types. These measures affect the same groups of fishermen subject to
gear marking requirements described above that use bottom longline or
pot gear in directed groundfish fisheries off the West Coast.
Fishing lines on or near the surface generally pose a higher risk
of entanglement compared to fishing gear at deeper depths or on the
bottom of the sea floor. Therefore, the measures implemented through
this rulemaking are designed to reduce the amount of vertical lines
required in the fishery and reduce the amount of surface line allowed
for each gear set. NMFS expects these measures will reduce the risk of
entanglement with surface and vertical lines in Pacific Coast
groundfish pot and bottom longline gears.

Single Line Allowance for Gear Identification at the Surface

As noted above, vertical lines and surface gear both pose a risk of
entanglement to protected species. Therefore, allowing vessels to
reduce the amount of surface gear and the number of lines in the water
may reduce risk of entanglement. This rulemaking removes the
requirement that pot and bottom longline gear be marked on the surface
at both terminal ends (i.e., creates a single surface gear and vertical
line allowance). This voluntary measure allows vessel operators to use
a vertical line and surface gear at one or both ends of their gear, at
their own discretion. Gear would still be required to be marked at the
surface on at least one terminal end in a manner consistent with the
current gear identification and marking requirements. This single
surface gear and vertical line allowance and the manner in which the
subject gears must be marked at the surface are articulated in revised
regulations at 50 CFR 660.219 and 660.319.

Limiting Surface Line

Surface gear consists of the buoys and flags associated with a gear
set and the surface line between them. Surface gear marks the location
of the terminal end(s) of the groundline anchoring the strings of pots
and bottom longline gear set on the ocean floor and usually serves as
the primary mechanism for identifying and retrieving gear. Surface
lines need to have enough slack to adjust to changes in ocean
conditions that may occur while gear remains in the water so that the
buoys are not submerged completely.
This final rule restricts the maximum length of surface line,
measured from the last trailing buoy (or the highflyer) to the first
buoy (main buoy) closest to the vertical line. Specifically, surface
line used for the subject gears may not exceed 60 ft (10 fm (18 m)) in
length, measured from the main buoy to the last trailing buoy. By
prohibiting excess surface line, this rulemaking intends to reduce the
risk of entanglement and the bycatch of protected species in the
groundfish fishery with the subject gears. To enact this restriction,
new definitions of surface line, vertical line, and main buoy are added
to the definition of ``Fishing gear'' for the subject gear types at 50
CFR 660.11.

Additional Regulation Changes

Beyond the gear marking and risk reduction measures described
above, this rulemaking also includes two additional changes (see the
Proposed Rule for additional context and rationale for these changes).
Current regulations require that pot and trap gears are fitted with an
escape panel that biodegrades to create an opening of specified
dimensions so that the pot does not perpetually entrap animals if the
gear is lost (660.230(b) and 660.330(b)). Current regulations provide
no specificity about the appropriate placement of the escape panel.
This rulemaking prohibits escape panels from being positioned on the
bottom of a pot, similar to regulations for fishing off the coast of
Alaska and includes an exception from this requirement for collapsible
pots in order to accommodate differences in gear

[[Page 64795]]

configurations. To facilitate this collapsible pot exception, a
definition of ``collapsible pot'' is added to the definition of
``Fishing gear'' at 50 CFR 660.11.
Additionally, this rulemaking changes the maximum twine size for
the cotton biodegradable twine used for closing escape panels for pots
used in the Pacific Coast groundfish fishery. Specifically, this
rulemaking revises the maximum untreated cotton twine size for closing
escape panels from ``not to exceed number 21'' to ``not to exceed
number 30.'' This modification aligns the maximum twine size for
groundfish pot gear used in the Pacific Coast groundfish fishery with
the twine size required for vessels fishing off the coast of Alaska
(i.e., the North Pacific).
NMFS is making technical changes to 50 CFR part 660 to revise
references in the relevant regulations to longline and bottom longline
gears to clarify key gear terminology, so that it is clear what type of
longline gear is affected by this rulemaking. This rulemaking replaces
``longline'' with ``bottom longline'' in the definition of ``fixed
gear'' at 50 CFR 660.11, and throughout limited entry and open access
commercial groundfish regulations, where applicable.
This rulemaking also amends the current prohibition at 50 CFR
660.12(a)(2) about falsifying or failing to affix or maintain gear
markings required under the regulations by adding the word
``identifications'' to revise the text to align with the current
section titles for the regulations referenced in the prohibition (50
CFR 660.219 and 660.319), which are, respectively ``fixed gear
identification and marking'' and ``open access fishery gear
identification and marking.''

Comments and Responses

The proposed rule was published on February 6, 2026 (91 FR 5408),
and the public comment period ended on March 9, 2026. NMFS received
comment letters from 28 individuals or organizations. The following
themes were raised across individual submissions. NMFS received comment
letters from five commenters expressing general opposition to the
proposed measures in this rulemaking, of which three letters
specifically described concerns with gear loss related to the measure
that would remove the requirement that groundfish bottom longline or
pot gear sets be marked with vertical lines and surface gear at both
terminal ends (referred to henceforth as ``the single-line
allowance''). Of the five comment letters generally in opposition to
the rule, three of those letters expressed general support for the gear
marking and surface line length restrictions in this rule and their
objective to indirectly conserve marine mammals. However, commenters
also expressed concern with the single-line allowance, asserting that
the allowance would increase the risk of gear loss. NMFS received 13
comment letters that were generally in support of this rulemaking.
Seven of these letters supported the bycatch reduction measures in this
rulemaking but also expressed support for additional measures to
conserve marine animals, above and beyond those proposed in this
rulemaking. Of the 28 comment letters, 1 letter included comments
regarding the PRA collection, which is responded to below and in the
PRA supporting statement. Overall, most comments generally expressed
support for this rulemaking.
NMFS appreciates the thoughtful comments on the proposed rule and
has considered them thoroughly. NMFS collated the comments in the 28
letters, and is responding to 20 subject areas included across the
unique comment letters below.
Comment 1: Two commenters opposed this rulemaking, describing it as
unnecessary, and asserting that entanglements of marine animals in
fishing gear are rare and are not a consequential conservation issue.
Response: Entanglements involving commercial fishing gear are
estimated based on best scientific information available, and the gears
that are the subject of this rulemaking have had multiple documented
entanglements with marine animals. NMFS acknowledges that these
observed and otherwise documented entanglements in groundfish fixed
gear are relatively rare; however, documented entanglements of marine
animals in fishing gear of unknown origin is not infrequent and should
also be considered. The new requirements in this rule balance the need
for reasonable steps forward toward reducing the risk of entanglements
with the subject gears and better attributing entanglements in general
to the gear-type, with a small additional cost and operational burden
on fishermen.
Comment 2: Two commenters express concern with over-regulation of
fisheries and assert that the measures in this rulemaking are
unnecessarily burdensome to the regulated fishermen. One of these
commenters also states that this rule will increase gear expenses and
wear and tear on gear, and that fishermen should be financially
compensated for the burden of complying with the measures implemented
through this rulemaking.
Response: Gear marking measures implemented by this rulemaking are
expected to increase the likelihood that NMFS can rule out the
groundfish fixed gear fishery as the source of documented
entanglements, thus reducing the need for further regulation in the
future. However, NMFS acknowledges that the approximately 335 vessels
that currently fish groundfish with bottom longline or pot gears will
be required to incur costs over the next 3 years to comply with the
gear marking measures in this rulemaking. NMFS is obligated under the
PRA to annualize burden hours and costs over the initial 3-year period
of an approved information collection (gear marking requirements are
considered an information collection). Since it is unlikely that any
vessel would need to purchase gear compliant with new gear marking
regulations more than once in this 3-year period, annualized materials
costs are one-third of the estimated total materials cost. The average
cost burden for compliance with new gear marking regulations in this
rulemaking is estimated to be $809 per respondent (e.g., vessel
operator) to temporarily mark and replace their gear once during the
three-year period preceding the compliance date for permanently marking
fixed gear using manufactured line. This total accounts for the costs
of gear-specific marked line, gear-specific marked buoy tags, and paint
or markers. NMFS understands from fishery representatives that lines
used in the fishery need to be replaced once every 5-10 years, with the
actual lifetime of the gear depending on the intensity of use, method
of storage, and other variables. To reduce the main source of costs
associated with this rulemaking (i.e., gear-specific manufactured
marked line in a specified color scheme), line marking is only required
for the top 20 fm (37 m) of the vertical line (allowing more sets of
gear to be marked per spool of line purchased) and a 3-year transition
period is included to allow more cost-effective temporary marking
schemes to be used initially in lieu of manufactured line. The goal of
this transition period is to allow current vertical lines used in the
fishery to be phased out and replaced towards the end of their lifespan
with gear-specific manufactured marked lines, avoiding unnecessary
waste and defraying costs. This rulemaking is not expected to increase
wear and tear on fishing gear beyond what usual use would do. In
conclusion, NMFS finds that the cost burden on the regulated community
imposed by this rule does not outweigh the conservation benefits from
this rule.

[[Page 64796]]

Therefore, NMFS is implementing the proposed gear marking requirements
in this rulemaking.
Comment 3: One commenter expressed concern that oil spills and
pollution pose greater threats to marine animal conservation than
entanglements in fishing gear, and, therefore, that is where NMFS
should focus conservation efforts.
Response: NMFS does not discount the potential adverse impacts of
other environmental conditions, such as oil spills and marine debris,
which pose threats to marine animals. However, this action is taken
under the authority of the Magnuson-Stevens Act and, as such, its
regulatory scope is limited to the effects of federally managed
fisheries on marine animals. The primary risk these fisheries pose to
non-target marine animals is the potential for entanglement in fishing
gear. Accordingly, the measures implemented through this final rule are
intended to address this primary risk.
Comment 4: Two commenters state that the amount of fishing gear
used in the West Coast EEZ could or will increase in the future, which
could subsequently increase the risk of entanglement in the area. One
of these commenters expressed concern that this rulemaking does nothing
to mitigate this risk.
Response: NMFS acknowledges that there are no current restrictions
on the total amount of gear sets or number of vertical lines that may
be deployed annually in the Pacific Coast groundfish fixed gear
fisheries, nor were any proposed at the proposed rule stage. However, a
variety of facets of the groundfish fishery management regime coincide
to keep the amount of fishing gear deployed in the EEZ annually
relatively stable through time. For example, the groundfish sector with
the majority of the fixed gear fishing effort, both in harvest volume
and quantity of gear deployed (i.e., the limited entry fixed gear
(LEFG) sector), is Federally permitted through a limited entry program.
These federal permits are transferable, but limit vessel size (and
therefore limit harvest capacity), and are of a limited quantity (no
new permits have been issued for over 20 years). This closed class
limits the amount of gear that can be fished at any one time or in any
season. Participants in the directed open access fishery may use any
legal gear type, including pots and bottom longline gears, but are
incentivized to use non-bottom contact gears (i.e., gear that is not
left unattended) because those gears are allowed to be fished in areas
that are closed to bottom longline and pot gears. Most vessels fishing
with bottom longline and pot gear in the open access fishery are
targeting sablefish in deeper waters outside gear-specific area
restrictions. The amount of overall effort to harvest sablefish in the
open access fishery is also limited by the sector's annual allocation
and through inseason trip limit adjustments to keep harvest within that
allocation. Meaning, if more vessels fish sablefish, trip limits for
these vessels decrease to keep catch of sablefish within the annual
sector allocation, which reduces the incentives for new entrants to
join the fishery. In this manner, the number of vessels targeting
sablefish in the open access fishery (regardless of gear type) is self-
mitigating. Thus, all other things being equal, the single-line
allowance established in this rulemaking is expected to decrease the
total number of vertical lines that would otherwise be fished annually
in the EEZ than without it. In addition, the single-line allowance
creates the opportunity within the fishery for fishermen to test on-
demand buoy lines and systems (i.e., ``pop-up gear''), if so desired,
without an exempted fishing permit, and using their otherwise
conventional and legal pot and bottom longline gear configurations.
Comment 5: Five commenters expressed concern for gear loss if
future fishermen use only one vertical line (i.e., voluntarily use the
single-line allowance) when setting their gear. Generally, these
commenters expressed concern that gear retrieval would be less likely,
especially in circumstances where gear sets moved due to strong
currents or became snagged or parted on some portion of line during
attempted retrieval. One commenter specifically mentioned that the risk
of gear loss would be highest for longline gear. Another asserted that
a single-line allowance would reduce the likelihood of gear retrieval
by 50 percent.
Response: The Council considered both a mandatory and voluntary
single-line allowance during early scoping of this rulemaking. During
scoping, concerns were expressed on multiple fronts. For example,
industry representatives were concerned that relatively lighter-weight
gear types (such as slinky pots and longline gears) would be much more
likely to be lost if only a single-line were used, either voluntarily
or if required, and explained that certain conditions and methods of
deploying gear did not lend themselves to successful gear retrieval if
gear could only be marked on one end (i.e., under a mandatory single-
line requirement). Multiple environmental groups expressed concern that
a non-mandatory single-line would be ineffectual to reduce the risk of
entanglement. All comments were considered by the Council, and the
Council ultimately recommended a voluntary single-line allowance for
the subject gear types. NMFS has determined that the Council-
recommended single-line allowance is appropriate because it will
provide the flexibility to allow vessels to mark only one end of their
pot or bottom longline gear if fishermen consider ocean conditions
exist that are likely to enable full retrieval of the gear using a
single vertical line. Some vessels may choose to use heavier single
lines to increase the likelihood of preventing their gear from parting
during retrieval. Other fishermen may choose to continue to use current
gear configurations, with lines and surface gear at both ends, despite
the rule change. Regardless, NMFS is confident that fishermen are both
strongly disincentivized from losing their gear and from deploying
extraneous gear, and will make their future gear use decisions
accordingly. NMFS has heard testimony from multiple fishermen that they
are likely to utilize the single-line allowance, which will reduce the
number of vertical lines in the water. For these reasons, NMFS
concludes that the voluntary single-line allowance appropriately
balances the need to reduce the risk of entanglement in fishing gear
against the need to prevent gear loss and subsequent ghost fishing.
Comment 6: Two commenters expressed concern with the limitation on
the length of surface line associated with the terminal end of a gear
set that is implemented in this rulemaking. The limitation is intended
to reduce the amount of slack or excess surface line that attaches
buoys to the vertical line. One commenter was concerned that the length
limit of the surface line was too short and would result, under certain
ocean conditions, in the gear fully submerging in the tide and
therefore being lost. The other commenter expressed concern that the
limit on the length of the surface line was too long to sufficiently
eliminate the risk of entanglement.
Response: These comments exemplify the purpose of this measure: to
keep fishing gear viable and retrievable while limiting excess line to
try to reduce the risk of entanglements. In developing this measure,
the Council heard from fishing industry representatives that, in their
experience, 10 fm (18.3 m) or less of surface line would be an adequate
length to prevent the gear from being submerged in most ocean
conditions. NMFS acknowledges that allowing any fishing with fixed
gears poses a greater than zero risk of entanglement,

[[Page 64797]]

regardless of the length of surface line. The goal of this rulemaking
is to reduce the risk of entanglement. NMFS has determined that the
surface line limitation of 10 fm (18.3 m) is the appropriate length for
the surface line limitation to balance the need to reduce the risk of
entanglement, and thus minimize the bycatch of marine animals with the
subject gears, against the threat of gear submergence and loss.
Comment 7: Ten comment letters explicitly expressed support for
NMFS to protect marine mammals and reduce bycatch and/or risk of
entanglement for various marine species, either generally (without a
reference to the measures in this rulemaking) or as it relates to
measures in this rulemaking (e.g., the single-line allowance). Of these
10 letters, 7 letters expressed general support for greater protections
for marine animals. However, only one of those 7 letters explicitly
expressed support for the proposed measures. Though most of the 10
comments did not explicitly reference the measures in this rulemaking,
it is inferred that comments asking for the strongest measures possible
to protect marine mammals express concern that the proposed measures do
not offer enough protection. Of the 7 comment letters requesting
greater protections, 4 expressed general support for actions that would
reduce lines in the water as means to achieve risk reduction, though
none explicitly endorsed the single-line allowance. One letter
mentioned a desire to ``create less fishing lines'' in the ocean,
thought it was unclear whether this was an endorsement of the single-
line allowance or not. One letter explicitly commented that the
voluntary single-line allowance is inadequate because it was possible
that, even if fishermen used one end-line, they may deploy shorter but
more numerous gear sets, meaning the number of vertical lines per pot
fished would stay the same.
Response: NMFS agrees that it is important to reduce the risk of
entanglement and bycatch of marine mammals in fisheries and fishing
gear. This goal is an important component of NMFS' obligations under
the Magnuson-Stevens Act and pursuant to other applicable laws, such as
the Endangered Species Act (ESA) and the Marine Mammal Protection Act
(MMPA). Minimizing bycatch to the extent practicable is a necessary
part of fisheries management under the Magnuson-Stevens Act, and this
action is consistent with that mandate. This rulemaking began as a
response to increased entanglements on the West Coast in 2014. This
rulemaking will remove a regulatory barrier that currently prohibits
fishermen from deploying fewer fishing lines. As discussed in Response
to Comment 5, NMFS is confident that fishermen are strongly
disincentivized from deploying extraneous gear and from losing gear.
This rulemaking allows the flexibility for fishermen to decide and
deploy their gear configurations to best balance these needs, based on
ocean conditions. Because marking gear with only one end-line is
voluntary, there is no specific incentive created by this rulemaking
for fishermen to shift towards fewer pots per set. Finally, NMFS
intends to collect data on the use of the voluntary single-line
allowance via Federal observers and self-reported logbook entries. This
will further inform future considerations regarding the efficacy of,
and possible future adjustments to, the voluntary measure implemented
in this rulemaking.
Comment 8: Two commenters suggested that NMFS make the single-line
allowance mandatory instead of voluntary, one of whom asserts that the
reduction in risk of entanglements is negligible if the single-line
allowance in this rulemaking is voluntary because fishermen may not use
only a single end-line.
Response: A requirement for marking only one end of gear (i.e., a
mandatory single-line) at the surface was considered, but not
recommended, by the Council. See also Response to Comment 5 and
Response to Comment 7, which are incorporated here. Groundfish are
harvested at a variety of depths, but sablefish are abundant and
commonly harvested with the subject gear types at depths of 600 fm
(3,600 ft) and deeper. The effects of tidal swells, strong currents,
and windy conditions are considerable at these depths and can cause the
surface gear, which is used by a vessel to retrieve its gear, to become
fully submerged at times. If submerged deep enough, or long enough,
buoys may deflate and no longer mark the gear at the surface, even when
conditions become more favorable. In these conditions, if regulations
required only one set of surface gear to be used, it would most
certainly increase the likelihood of gear loss, or ocean conditions
would effectively close the fishery at those depths while such ocean
conditions persist. Gear that is not successfully retrieved can
continue to harvest fish (i.e., ghost fishing) and pose a continued
risk of entanglement. Gear requirements that are reasonably expected to
increase gear loss are not consistent with the Magnuson-Stevens Act
mandates regarding minimizing bycatch to the extent practicable, and,
as such, the Council did not recommend that NMFS adopt a mandatory
single-line requirement. For these reasons, and the reasons stated in
Response to Comment 5 and Response to Comment 7, NMFS has determined
that the voluntary single-line allowance fishery management measure to
minimize bycatch is consistent with the Magnuson-Stevens Act and other
applicable laws, including the ESA and MMPA.
Comment 9: One commenter asked for NMFS to limit fishing in
cetacean hotspots (e.g., enact closed areas) to reduce and prevent the
entanglement of marine species.
Response: NMFS considered available information on timing and
location of entanglements in groundfish bottom longline and pot gears
during the development of this rulemaking. Given the relative rarity of
entanglements in groundfish gear, and the lack of readily available
information on the spatial or seasonal patterns for groundfish gear
entanglements and for predicting the likely overlap of marine mammals
and the groundfish fishery in space and time, the Council did not
develop alternatives for this action that involved area closures (e.g.,
permanent or seasonal). NMFS expects that the gear marking provisions
in this rulemaking are likely to provide new information on
entanglements that may inform the development of future conservation
measures, as needed.
Comment 10: One commenter noted that the single-line allowance
would likely provide the most entanglement risk reduction for gears
that are left in the water to ``soak'' longer (i.e., pot gear). This
fisherman asked for NMFS to consider soak times when deciding whether
to provide the single-line allowance to either longline or pot gears,
or both, describing that if they tried to use a single-line with their
bottom longline gear they might lose tens of thousands of dollars'
worth of gear.
Response: NMFS' groundfish regulations require that all fixed gear
(e.g., bottom longline, pot) used in the groundfish fishery be tended
once at least every 7 days. Beyond this requirement, which is intended
to discourage storage of fishing gear at-sea, there are no rules
regarding minimum or maximum soak times; it is at the fisherman's
discretion. In the report for the ``Improving Gear Marking in the U.S.
West Coast Sablefish Pot Fleet; Workshop Summary Report, November 16,
2022,'' published by Oregon Sea Grant, one sablefish pot fishermen
testified that they soak their gear for 36 hours on average (but will
sometimes

[[Page 64798]]

soak for 3 days and occasionally up to 5 days) between trips, because
pots are highly selective and trap fish more slowly than hooks. The
amount of time that fixed gear soaks in the water affects the
entanglement risk associated with that gear, particularly if gear is
marked at both ends. Based on this very limited sample, because pot
gear tends to be in the water longer, it follows logic that if pots use
the single-line allowance, it would be a bigger reduction in the hours
that vertical lines are in the water than if a bottom longline were to
use a single-line. During Council testimony, multiple pot fishermen
testified that they would be very likely to use the single-line
allowance in favorable ocean conditions, because of the gear
configurations they use that prevent gear loss. The Council did not
consider offering a single-line allowance only to pot fishermen. To
reduce regulatory complexity, the single-line allowance applies to both
bottom longline and pot gears, though NMFS acknowledges that fishermen
fishing bottom longline gear may not utilize this flexibility due to
concerns of losing their gear.
Comment 11: One commenter strongly suggested that NMFS approve the
voluntary single-line allowance because it would, ``dramatically
improve our productivity while greatly reducing entanglement risk to
wildlife.''
Response: NMFS agrees that allowing fishermen to voluntarily use
one vertical line to mark their gear at the surface could reduce costs
for unnecessary gear, reduce the number of vertical lines deployed in
the fishery, and reduce risk of entanglement for marine animals. For
these reasons, NMFS is approving this Council-recommended management
measure.
Comment 12: One commenter only offered support for the marking of
lines so entanglements can be properly attributed to the fishery it
occurs in. Another commenter stated that the proposed measures would
improve accountability for the harm caused to wildlife.
Response: NMFS agrees that the gear marking measures in this
rulemaking are an important step in a larger effort across West Coast
fisheries to improve our ability to attribute entanglements of unknown
sources to particular fisheries, so that management responses can be
effective at reducing entanglements without being overly burdensome.
Comment 13: Nine commenters explicitly supported all the gear
marking and entanglement risk reduction measures in this rulemaking,
expressing gratitude for consulting with fishermen, reducing marine
mammal entanglements through science-based decision making, and for
practical, fishery-specific management approaches. NMFS notes that one
of these seven commenters expressed support for the proposed measures
only as a first step, stating that more conservation measures are
needed (see Comment 7).
Response: NMFS appreciates these comments and notes that additional
conservation measures are outside the scope of this rulemaking (see
also Response to Comment 7).
Comment 14: Two commenters asked NMFS to monitor the efficacy of
the measures implemented in this rulemaking, including whether marking
requirements after the 3-year temporary marking transition period are
working as intended, and whether entanglement rates decline.
Response: NMFS will continue to monitor entanglements of marine
animals off the West Coast and continue to try to attribute them to
identifiable sources. NMFS will take into account gear marking
requirements in various West Coast fisheries, including the
requirements established under this rule, when attempting to attribute
an entanglement to its source. NMFS publishes entanglement reports
annually and analyzes data for trends and other factors of concern.
NMFS will also continue to enforce, in partnership with state offices,
Federal fishing regulations, including measures implemented in this
rulemaking.
Comment 15: One commenter asked NMFS to provide guidance with
regards to line marking requirements, including temporary marking. They
asked how to account for gaps, knots, wear, or the use of non-solid
``tracer'' lines. Also, they requested further guidance on acceptable
temporary marking methods and what NMFS means by ``continuous.'' With
this guidance, they hope to reduce compliance uncertainty and
enforcement inconsistency.
Response: NMFS agrees that steps should be taken to reduce
compliance uncertainty and enforcement inconsistency. NMFS offers the
following clarifications to facilitate consistent enforcement of gear
marking requirements promulgated in this rulemaking, in addition to
forthcoming informational guides.
The gear marking requirements implemented through this final rule
apply to vessels fishing groundfish in the commercial, non-tribal,
limited entry or directed open access fisheries using bottom longline
or pot gear.
With regards to buoy marking, before leaving port on a trip where
gear marking requirements apply, the vessel is required to have either
enough buoy tags of the required color and marking to mark all
applicable gear(s) on board the vessel, or all buoys must have
compliant gear-specific markings directly on the buoys. Every buoy used
to mark bottom longline or pot gear must have legible vessel
identification, directly marked on the surface of at least one buoy on
every set, and either directly on all other buoys or on marked tags
ready to be attached for all other buoys. Buoys on board that are
clearly marked for fishing in non-groundfish fisheries (e.g., pot gears
marked for fishing spiny lobster) are not subject to groundfish gear
marking requirements implemented in this rulemaking.
With regards to line marking, before leaving port on a trip where
gear marking requirements apply, the vessel is required to have a
sufficient length of marked line to mark at least the top 20 fm (37 m)
of all vertical lines to be deployed on each set. Line is considered
``marked'' when it is manufactured in the applicable two-color scheme
found in table 1, with at least one-third of strands being in one color
and the remainder being in the other color. Presence of a third color,
besides white, is prohibited in the top 20 fm (37 m) to reduce the
likelihood of mistaken gear identification for gear that is observed
entangled on marine animals. NMFS acknowledges that some types of
manufactured line may have an un-customizable inner core color that
shows through on the outer surface of the line (i.e., a tracer). This
core is usually white. Tracers that are not solid white will be found
in non-compliance with line marking requirements. Until January 11,
2030, line is considered ``marked'' when original line is temporarily
marked continuously in the applicable two-color scheme found in table
1, with alternating bands of color, for at least the top 20 fm (37 m)
of every vertical line deployed with the subject gears. In the context
of temporary line marking, ``continuous'' means marking is
uninterrupted two-color (table 1) alternating bands of markings in the
top 20 fm (37 m) of line, with the exception that the original line may
be partially visible for less than 6 inches and not at all visible in
the full circumference of the temporarily marked portion of the line.
Markings that are partially worn (i.e., discolored or missing such that
original line color shows through) on one or more sides of the line for
a distance greater than 6 inches (15.2 cm) are not ``continuous'' and
do not satisfy line marking requirements. Additionally, any amount of
original line showing in the full circumference of the line is not
``continuous'' and

[[Page 64799]]

therefore does not satisfy line marking requirements. NMFS does not
prescribe temporary marking methods, only the outcome: 20 fm (37 m) of
continuous marking in the required length intervals and color scheme.
Comment 16: Two commenters asked NMFS to expand line marking
requirements beyond the top 20 fm (37 m) of the vertical line, to
include surface lines, the entire vertical line, and all groundlines.
Both commenters argue that the only option that allows NMFS to
determine with certainty that an entanglement is caused by certain gear
(in this case, groundfish pot or bottom longline gear) and, conversely,
rule out groundfish pot or bottom longline gear when it is not
involved, is by requiring the proposed marking schemes for all parts of
the gear. Both commenters argued that because only a small portion of
gear (less than 20 ft but often less than 5 ft) is observed entangled,
marking 20 fm out of hundreds of fathoms of line is inadequate to
ensure entangled gear is identified as groundfish pot or longline gear.
They assert that if only part of the gear is marked, entanglements may
not be attributed to the groundfish bottom longline and pot gear
fishery only because not all parts of the gear are marked. One
commenter asserts that NMFS' desire to minimize costs cannot outweigh
evidence that marking such a small portion of the gear will fail in
many instances to allow NMFS to determine with certainty whether
groundfish pot or longline gear is involved in an entanglement. The
other of the two commenters argued that an observed entanglement in a
sablefish pot groundline warrants additional marking of groundlines and
that anything less than marking all parts of gear would be ineffective
to definitively attribute entangled gear to a specific fishery.
Response: As reported at the 2022 Gear Marking Workshop, a
groundfish pot gear fishermen described fishing in depths of up to 900
fm (137 m), using strings of pot gear (i.e., sets) up to 1.5 miles (2.4
km) long. During the workshop, a groundfish pot gear fishermen
commented that, when fishing so deep and with the influence of ocean
currents, their vertical lines might each be up to 1,200 fm (2,195 m)
long to allow successful gear retrieval. When up to 10 fm (18 m) of
surface gear is attached to the top of the vertical line, this results
in a single set of gear, even using the single-line allowance, that
could have lines totaling up to 2,580 fm (4,718 m) in length. Spools of
custom-colored braided poly cord (i.e., line) are typically 200 fm (366
m) long and cost approximately $500 each. If gear marking were required
for all parts of the gear, each set could take up to 13 coils of line
to retrofit, at a cost of up to $6,500 per set. Fishermen vary in how
many sets they fish, but it is often 2 to 7 sets per trip. For a vessel
that fishes more gear, retrofitting seven sets of groundfish pot gear
entirely with manufactured lines in the required gear-specific color
scheme could cost over $45,000 in materials alone.
The cost of replacing worn-out gear is a known and budgeted fishing
expense for most vessel operators and fishing businesses. It is likely
that they would commonly budget to replace line on a small proportion
of their gear each year and on an as needed basis. As discussed at the
Gear Marking Workshop in 2022, the larger proportion of gear that is
required to be marked, the greater the costs to the industry to comply.
Industry representatives voiced concerns that the initial costs to
replace all gear at once could be very expensive and asked for
consideration of marking only a portion of their gear (i.e., the parts
of their gear that would be most likely to be involved in an
entanglement).
As NMFS stated in the 2022 Gear Marking Workshop, based on current
entanglement information, line marking on the upper portion of the gear
would be most helpful at identifying the source of entanglements. This
is because most entanglements involve buoys (i.e., upper or surface
portion of fishing gear) or portions of line identified to be from the
upper portion of fishing gear. The Council considered various marking
distances, including marking surface lines and marking more and less
than 20 fm (37 m) on the upper portion of the vertical line. The
Council did not recommend gear-specific surface line markings for the
same reasons they did not recommend gear-specific markings on buoys:
surface lines are commonly used to float different gear types or in
different fisheries. The Council recommended the intermediate
alternative for the distance of vertical line marking, the top 20 fm
(37 m) or 120 ft, because that is the portion of gear most often
documented in entanglements, and usually the amount of line in an
entanglement is only 6 to 20 ft (2 to 6 m). The Council also
recommended this distance because the average-sized groundfish pot
fishing operation could mark all their groundfish pot gear (2 to 5
sets) by purchasing a single coil of line for approximately $500, while
larger operations may only need to buy two coils of line for
approximately $1,000. For these reasons, and for reasons described
above in Response to Comment 13, NMFS has determined that the measures
implemented in this rulemaking minimize bycatch to the extent
practicable and are reasonably expected to improve accountability in
the groundfish pot and bottom longline fisheries, if entanglements
occur in the future, while balancing costs to industry.
Comment 17: Two commenters state that the measures in this
rulemaking are not sufficient to address entanglement concerns and
satisfy legal requirements for the West Coast groundfish fishery, nor
are they enough to reduce the large proportion of ``unknown''
entanglements that cannot be attributed to a specific fishery or
region, and, therefore, NMFS will be unable to obtain reliable
estimates of incidental bycatch.
Response: This rulemaking, taken under the authority of the
Magnuson-Stevens Act, is consistent with NMFS' obligations under the
Magnuson-Stevens Act, ESA, MMPA, and other laws. As discussed above,
minimizing bycatch to the extent practicable is a necessary part of
NMFS' fisheries management. Given the removal of the regulatory
requirement to mark gear sets on the surface at both terminal ends
(i.e., voluntary single-line allowance), NMFS expects this rulemaking
to reduce the number of vertical lines used to identify pot gear in
groundfish fisheries, which NMFS expects to reduce the likelihood of
entanglements with pot gear. Additionally, given the new limitation on
surface line length implemented in this rule, NMFS expects this
rulemaking to reduce excess surface line in the water, which NMFS
anticipates will reduce the risk of entanglement in both pot and bottom
longline gear. The single-line allowance measure in this rule balances
minimizing bycatch from entanglements with active fishing gear against
the flexibility fishermen need to keep bycatch from ghost fishing gear
low. The surface line length limitation balances minimizing excess
surface line in the water against the flexibility fishermen need to set
gear that can withstand changing ocean conditions and tides, without
submergence. Thus, these entanglement risk reduction measures minimize
bycatch to the extent practicable, consistent with legal requirements,
including the National Standards of the Magnuson-Stevens Act.
Comment 18: One commenter, referring to a 2012 biological opinion
on the groundfish fishery, describes how NMFS thought, at that time,
that the observer program would not be able to provide accurate bycatch
estimates for entangled humpback whales because

[[Page 64800]]

the gear is left untended and the whales are mobile once entangled in
the gear. Based on this, the commenter asserts that the observer
program provides an underestimate of actual entanglements occurring in
the fishery and that the magnitude of undocumented and unobserved
entanglements within the groundfish fishery could be large.
Response: In 2012, when the referenced biological opinion was
completed by NMFS, only one humpback whale had been reported entangled
in groundfish fixed gear since 1982, and that entanglement (2006) was
not witnessed by a federal observer. Because observer coverage rates of
all vessels fishing groundfish pot and longline gears prior to 2011
ranged from 6 to 25 percent annually, averaging 16 percent of targeted
landings, NMFS presumed at the time that observer data alone would be
insufficient to discern bycatch rates of protected species in the
fishery. Beginning in 2011, sablefish have been harvested with non-
trawl gear, including the subject gears, under gear switching
provisions in the Shorebased Individual Fishing Quota (IFQ) Program
(historically quota that was harvested with bottom trawl gear). This
IFQ fishing has been observed at much higher rates (approximately 100
percent) than in years prior. From 2011 through 2025, no entanglements
were observed in pot or bottom longline gear in this sector. However,
during that same period, 4 of the other 6 documented entanglements in
groundfish fixed gear were observed (2014, 2016, 2023, and 2025) in
non-IFQ sectors of the groundfish fishery. There have also been initial
reports of entanglements in groundfish fixed gear during the 2026
fishing season. For example, on July 7, 2026, a deceased humpback whale
was observed entangled in groundfish pot gear. Additionally, on July
23, 2026, there was a report of a whale entanglement associated with
multiple gear types off the coast of Oregon, including sablefish pot
gear. An investigation into the circumstances of these entanglements is
ongoing by NMFS scientists and entanglement experts. Further
information on the entanglements, and potential implications for future
action(s) to address the mortality and serious injury of humpback
whales in the sablefish pot fishery, will be discussed by the West
Coast Take Reduction Team (TRT). The TRT web page is available at
<a href="http://www.fisheries.noaa.gov">www.fisheries.noaa.gov</a> by searching for ``west coast take reduction
team.''
To date, no entanglement cases have been clearly identified as
involving a mobile, free-swimming entanglement involving sablefish pot
fishing gear. Since the 2012 biological opinion, NMFS has completed 2
additional consultations and biological opinions addressing humpback
whale bycatch in the sablefish pot fishery, including consideration of
reported entanglements that have occurred since 2012. Additionally,
NMFS has modified the bycatch estimation approach since 2012 to better
deal with relatively rare events like humpback whale entanglements in
the groundfish fishery and limited observer coverage. NMFS has adopted
and utilized methodologies for extrapolating observed entanglements to
inform fleet-wide estimates in acknowledgement of limited observer
coverage since 2020. Given the weight of updated information, the
statement from the 2012 biological opinion is not representative of
NMFS' current perspective. NMFS finds that it is unlikely that a whale
that becomes entangled in groundfish pot gear will move the gear away
from its original location due to the gear's weight and its propensity
to anchor whales in place when entanglements have been documented in
the past, and that there is an extremely low amount of gear loss
documented in the fishery. If mobile entanglements occurred, rates of
gear loss would be higher. Line marking requirements in this rulemaking
will allow NMFS to ground truth this hypothesis.
Comment 19: Two commenters requested a 90-day transition period
from the time when the final rule publishes to when new gear marking
requirements are in effect.
Response: NMFS is publishing this final rule with a 90-day delay in
effectiveness for most provisions in this rulemaking, including the
gear marking requirements. NMFS is waiving the delay in effectiveness
for the voluntary single-line allowance provisions, at 50 CFR
660.219(a)(1) and 660.319(a)(1), in this rulemaking. See
Classification.
Comment 20: One commenter requested specific changes to proposed
regulatory text to further increase flexibility on complying with new
buoy marking requirements and to simplify and clarify regulatory
requirements for the placement of escape panels on pots.
Response: NMFS finds merit in the suggested regulatory changes and
concludes that they constitute a logical outgrowth of the specific
requirements described in the proposed rule. See Changes from the
Proposed Rule for additional information.

Changes From the Proposed Rule

Additional Buoy Marking Method

Based on public comments, NMFS is adding an additional method for
complying with the requirement for gear-specific marks on buoys.
Instead of buoy tags being the only method of compliance for the gear-
specific buoy marking required, as proposed in the proposed rule, the
final rule adds the option for gear-specific marks directly on buoys.
This will allow vessel operators that use dedicated, gear-specific
surface gear to float either pot or bottom longline gear, exclusively,
to permanently and directly mark all buoys. As described in the
proposed rule, this method of marking was considered by the Council,
but was not recommended because some fishermen testified that they
often used surface lines and buoys to float multiple gear types within
a fishing vessel's portfolio of target species. For those fishermen,
marking directly on buoys was disfavored because it would force the
purchase and storage of extra surface gear. However, the Council did
not consider allowing multiple methods of buoy marking during
development of its recommendation. NMFS finds that expanding the
allowable methods for compliance with the gear-specific buoy marking
requirements in this rule is appropriate and consistent with the
Council's recommendation. Adding this method of marking buoys to the
final rule provides operational efficiencies to the fleet, while still
achieving the intended goal of gear-specific markings on all pot and
bottom longline buoys. As such, this change to the final rule is
consistent with NMFS' original purpose for this action and considered a
logical outgrowth of the proposed rule. The change neither raises new
issues not addressed in, nor represents a substantial departure from
the proposed rule. For these reasons, NMFS is revising regulatory text
at 50 CFR 660.219(b)(1) and 660.319(b)(1) to add an additional method
of complying with this rule's buoy marking requirements by marking
directly on the buoys, using capital letters ``GL'' for bottom longline
buoys and ``GP'' for pot buoys.
Additionally, NMFS is making technical revisions to these
regulations providing that all buoy markings, whether directly on the
buoy or via buoy tag, use the capital letters ``GL'' for bottom
longline buoys/tags and ``GP'' for pot buoys/tags, rather than the
``P'' and ``L'' markings provided in the proposed rule. These technical
edits are intended to ensure the fishery-specific and gear-specific
buoy marks required for the groundfish fishery under this

[[Page 64801]]

rule are not too similar to buoy markings currently required in other
non-groundfish fisheries, including those managed by the State of
California. NMFS' revisions to Sec. 660.12(a)(9), as contained in the
proposed rule, included gear-specific buoy marking tags as a required
component of fishing gear (whether attached to the gear or onboard the
vessel) that must be presented to an authorized officer for inspection
upon request. In this final rule, gear-specific buoy marking tags are
required only if buoys are not directly marked with permanent fishery
and gear-specific markings. Therefore, this final rule adds ``when
required'' to the buoy tag inspection requirement at Sec.
660.12(a)(9).

Clarifying Edits to Temporary Line Marking Requirements

Based on public comments, NMFS is adding clarifying text to
regulations describing continuous temporary markings for vertical lines
in the gear-specific color schemes (table 1). NMFS acknowledges that
``continuous'' may be open for interpretation, and clarifies specific
allowances for original line color showing in the portion of line
required to be marked. Line marked in alternating bands of color
according to the temporary line marking requirements at Sec.
660.219(b)(2)(ii) and Sec. 660.319(b)(2)(ii) may have up to 6 inches
of original line visible, and may not have any original line showing
through in the full circumference in the portion of the line required
to be marked. See also Response to Comment 15.

Clarifying Edits to Biodegradable Escape Panel Placement Requirements

The proposed rule added specificity in the regulations regarding
the required location of the opening of a pot's biodegradable escape
panel. The goal of this regulatory change being to ensure that the
opening is not on the bottom of the pot or too close to the bottom of
the pot to be obstructed by silting or other benthic obstructions. The
proposed language was identical to the rules for biodegradable escape
panels used in pot fishing off the coast of Alaska. Based on public
comments, and after further consultation with regional enforcement
agents, NMFS is rewording the requirement at Sec. 660.230(b)(4) and
Sec. 660.330 (b)(2)(iii) to simplify the escape panel language and
make it slightly less prescriptive by removing the phrase ``parallel
to,'' and to make the intent clearer by stating the escape panel
opening must be positioned near but not on the bottom of the pot. The
language revisions are consistent with NMFS' original purpose for this
regulatory change and neither raise new issues not addressed in, nor
represent a substantial departure from the proposed rule action. Thus,
these revisions are considered a logical outgrowth of the proposed
rule.
Regulations at Sec. 660.219 are revised from the proposed rule to
expand the existing gear marking and identification requirements that
would have been applicable to only bottom longline and pot gears to
apply to all fixed gears authorized for use in the limited entry non-
trawl fishery. This change revises the regulations, including language
that was not proposed to change in the proposed rule, to bring these
provisions into compliance with substantive regulatory amendments that
were made in a separate but related rulemaking: the Limited Entry Fixed
Gear (LEFG) Follow-On action, for which the final rule published on
July 22, 2026 (91 FR 46000). The LEFG Follow-On action authorizes more
types of fixed gear to be used in the limited entry non-trawl fishery
(formerly limited entry fixed gear fishery). This means there are more
types of fixed gear that need to have appropriate identification, per
existing requirements in Sec. 660.219. These changes are isolated in
paragraphs (a)(1) and (a)(2) of Sec. 660.219. The regulations at Sec.
660.219 pertaining to the final gear marking regulation changes
implemented by this rulemaking for bottom longline gear and pot gear at
(a)(1) and (b) are not substantively changed from the proposed rule,
other than the additional buoy marking method described above for pot
and bottom longline types of fixed gear.

Surface Line Length Restrictions for the Limited Entry and Open Access
Fisheries

The proposed rule included restrictions on the length of surface
lines that may be used for bottom longline and pot gear in the limited
entry fishery at Sec. 660.230(b)(7). Since the proposed rule, the
paragraph numbering in Sec. 660.230(b) has been revised through a
separate rulemaking. Accordingly, the surface line length restriction
for the limited entry fishery is now published, as proposed, at Sec.
660.230(b)(6) rather than Sec. 660.230(b)(7). This technical
correction is made simply to make the regulatory changes implemented
through this final rule consistent with the new paragraph numbering in
Sec. 660.230(b).
Additionally, the proposed rule for this action mistakenly omitted
the surface length restriction for the subject gears that is being
implemented in this rulemaking in the open access fishery gear
restrictions, which are at Sec. 660.330(b). As described in the
preamble to the proposed rule, the intent of the surface line length
restriction implemented in this rulemaking was that it would be
applicable to all commercial fishing for groundfish on the West Coast
using the subject gears, including vessels fishing for groundfish in
the open access fishery. Accordingly, the proposed rule's omission of
the surface line length restriction in the regulatory text at Sec.
660.330(b) was a mistake and this final rule corrects that mistake by
including the new surface line length restriction for vessels fishing
with the subject gears in the open access fishery at Sec.
660.330(b)(2)(v). This addition to the regulatory changes implemented
through this final rule is consistent with NMFS' original purpose for
this action and neither raises new issues not addressed in, nor
represents a substantial departure from the purpose and intent for this
action as described in the proposed rule. Therefore, this change is
considered a logical outgrowth of the proposed rule.

Classification

Pursuant to sections 303(c)(2) and 304 (b)(1)(A) (16 U.S.C.
1853(c)(2) and 16 U.S.C. 1854(b)(1)(A)) of the Magnuson-Stevens Act,
the NMFS Assistant Administrator has determined that this rulemaking is
consistent with the Pacific Coast Groundfish Fishery Management Plan,
other provisions of the Magnuson-Stevens Act, and other applicable law.
This rulemaking has been determined to be not significant for the
purposes of Executive Order (E.O.) 12866.
This final rule is considered an E.O. 14192 deregulatory action.
This action would not have a substantial direct effect on one or
more Indian Tribes, on the relationship between the Federal Government
and Indian Tribes, or on the distribution of power and responsibilities
between the Federal Government and Indian Tribes; therefore,
consultation with Tribal officials under E.O. 13175 is not required,
and the requirements of section (5)(b) and (5)(c) of E.O. 13175 also do
not apply. A Tribal summary impact statement under sections
(5)(b)(2)(B) and (5)(c)(2)(B) of E.O. 13175 is not required and has not
been prepared.
NMFS prepared an analysis for this action, which addresses the
statutory requirements of the Magnuson-Stevens Act, E.O. 12866, and the
RFA. The full suite of alternatives analyzed by the

[[Page 64802]]

Council can be found on the Council's website at <a href="https://www.pcouncil.org">https://www.pcouncil.org</a>.
The NMFS Assistant Administrator finds that the requirement for a
30-day delay in the date of effectiveness for select regulations in
this rulemaking does not apply pursuant to 5 U.S.C. 553(d)(1) and (3)
and makes the regulations implementing the voluntary single-line
allowance effective upon publication of this final rule in the Federal
Register.
Pursuant to 5 U.S.C. 553(d)(1), this rule relieves a restriction on
fishing because it creates additional flexibility in the amount and
type of fishing gear required to be deployed for the subject gears by
allowing fixed gear groundfish vessels to voluntarily mark only one
terminal end of a pot or bottom longline gear set when a fisherman
considers ocean conditions make doing so appropriate. This means that
fishermen would be allowed to voluntarily decide to use surface gear
(i.e., a pole, flag, light, radar reflector, and a buoy) and a vertical
line at only one terminal end of a pot or bottom longline gear set.
Fishery participants are currently restricted from deploying the
subject gear sets without the sets being marked at the surface on both
terminal ends (per current regulations at 50 CFR 660.219(a)(1) and
660.319(a)(1)); thus, the voluntary single-line allowance provided for
under this final rule will relieve that restriction and, pursuant to 5
U.S.C. 553(d)(1), the 30-day delay in effective date requirement does
not apply to the regulations implementing the single-line allowance.
Additionally, pursuant to 5 U.S.C. 553(d)(3), the 30-day delay in
effective date requirement does not apply to the single-line allowance
in this final rule because a 30-day delay would be contrary to the
public interest as it would delay entanglement risk reduction measures
intended to provide conservation benefits to marine animals,
particularly humpback whales, by reducing the number of vertical lines
required to be deployed in the groundfish fishery during the 2026
fishing year. This provision taking effect without a 30-day delay will
benefit the public because it will provide additional flexibilities for
fishermen during the 2026 summer harvest of sablefish, which would
likely reduce the number of vertical lines deployed, and thus reduce
the likelihood of humpback whale and other entanglements, particularly
over the summer months when whale presence is highest and overlaps with
fishing using the subject gears. As described above in the response to
comments, during summer 2026, there have been multiple reported
entanglements where initial reports indicate the presence of groundfish
gear, including pot gear. Therefore, NMFS feels that it is in the
public's interest to promptly implement the single-line allowance to
provide fishermen with the flexibility to use only one set of surface
gear and vertical lines with the subject gears, and thus to reduce the
risk of entanglement, accordingly.
Additionally, NMFS finds it is in the public interest to make the
single-line allowance effective upon publication of this rule in the
Federal Register because the gear flexibility created by the single-
line allowance is expected to increase efficiency within the fishery by
reducing the amount of fishing gear required when using the subject
gear types. The sooner fishery participants are allowed to use this
flexibility during the 2026 season, the sooner the economic benefits of
these efficiencies can be realized for fishery participants and fishing
communities.
Finally, a 30-day delay in effective date is not necessary to
provide sufficient notice to the fishing community to adjust to the
single-line allowance. One of the general policy purposes for allowing
for a delay in a rule's effectiveness is to give the regulated
community time to adjust their practices to come into compliance with
the requirements of a new rule. The voluntary single-line allowance
promulgated in this final rule creates no new compliance burdens for
the fishing community affected by this rule. Instead, the rule creates
increased operational flexibility on the part of fishery participants.
Therefore, there are no policy reasons to delay the effectiveness of
the single-line allowance.
For the foregoing reasons, the 30-day delay in the effectiveness
pursuant to 5 U.S.C. 553(d)(1) and (3) does not apply to the single-
line allowance established at 50 CFR 660.219(a)(1) and 660.319(a)(1)
and these provisions will be effective immediately upon the publication
of this rule in the Federal Register.

Regulatory Impact review (RIR)

An RIR was prepared to assess all costs and benefits of available
regulatory alternatives. A copy of this Analysis is available from NMFS
(see ADDRESSES section). NMFS is recommending the regulatory revisions
in this rulemaking based on its assessment of the net benefits to the
nation of these measures.

Regulatory Flexibility Act (RFA)

A final regulatory flexibility analysis (FRFA) was prepared, as
required by section 603 of the RFA. The FRFA describes the economic
impact this rulemaking will have on small entities. A description of
the action, why it is being considered, and the legal basis for this
action are contained at the beginning of this section in the preamble
and in the SUMMARY section of the preamble. A summary of the analysis
follows. A copy of this analysis is available from NMFS (see
ADDRESSES).
For purposes of the RFA (5 U.S.C. 601 et seq.) only, NMFS has
established a small business size standard for businesses, including
their affiliates, whose primary industry is commercial fishing (see 50
CFR 200.2). A business primarily engaged in commercial fishing is
classified as a small business if it is independently owned and
operated, is not dominant in its field of operation (including its
affiliates), and has combined annual receipts not in excess of $11
million for all its affiliated operations worldwide. This standard
applies to all businesses classified under North American Industry
Classification System (NAICS) code 11411 for commercial fishing,
including all businesses classified as commercial finfish fishing
(NAICS 114111), commercial shellfish fishing (NAICS 114112), and other
commercial marine fishing (NAICS 114119) businesses (50 CFR 200.2; 13
CFR 121.201).
All commercial groundfish participants that use bottom longline or
pot gears in the limited entry or directed open access fisheries in the
EEZ off the West Coast, which are managed under the Groundfish FMP, may
be affected by this rulemaking. The gear marking and entanglement risk
reduction measures require the specified gear marking and surface line
limitation described in this final rule for non-Tribal commercial
vessels deploying either gear type. Examples of gears that are not
affected by this rulemaking include select non-trawl gear types (i.e.,
troll gear and commercial vertical hook-and-line gear not anchored to
the bottom, such as vertical jig gear or rod-and-reel gear with weights
suspended off the bottom).
This final rule is needed to increase NMFS' ability to attribute
protected species entanglements to specific fisheries and ultimately
aid in understanding and reducing the risk of protected species
entanglement in groundfish pot and longline gear. The gear marking and
entanglement risk reductions in this rule are expected to improve NMFS'
ability to attribute the source of protected species entanglements.
This rulemaking is also needed to improve the effectiveness of the
currently required biodegradable

[[Page 64803]]

escape mechanisms in pot gear. Regulations describing in greater detail
the location of escape panels in pot gear is expected to ensure
efficacy.
No public comments were received regarding the initial regulatory
flexibility analysis and no significant issues were raised related to
the analysis. Changes from the proposed rule are not expected to change
the analyses and findings in the initial regulatory flexibility
analysis. No comments were filed by the Chief Counsel for Advocacy of
the Small Business Administration in response to the proposed rule.
Given that this action would apply to the entirety of all entities
fishing groundfish with bottom longline and pot gear and that the
majority are considered small entities, this rule is expected to have
an impact on a substantial number of small entities. All open access
groundfish fishing vessels are assumed to be small entities, with ex-
vessel revenues for all landings (groundfish and non-groundfish)
averaging $85,601 in 2023. From 2019-2023, between 72 and 152 vessels
harvested groundfish in federal waters in the directed open access
fishery using one or both of the subject gears. In 2023, 197 of the 223
federal permit owners or holders (required to fish in the primary or
limited entry fixed gear sectors) reported as small entities. For gear
switching vessels, using non-trawl gear to harvest groundfish in the
Shorebased IFQ Program, of the 10 that participated in 2023, all
reported as small entities.
Note that there is not a strict one-to-one correlation between
vessels, permits, operators, or entities. Some persons or firms likely
have ownership interests in more than one vessel or permit. Multiple
permits may be registered for use with a single vessel. Given these
factors, the actual number of entities regulated by this action could
be lower than the preceding estimates.
All vessels subject to this action would be subject to the new
requirements to have lines marked in gear-specific colors (temporary
markings allowed for interim period followed by requirements for
manufactured lines) and buoys marked with gear specific tags or
markings and vessel identification. These requirements are subject to
the Paperwork Reduction Act (PRA). It is expected that commercial
fishing vessel operators, or their employee(s) or other agent(s), would
meet the requirement for line marking by marking the lines with
temporary methods (e.g., paint or tape) in the transition period or
ordering manufactured lines in the gear-specific color scheme. Vessels
are only expected to acquire manufactured line in the required color
scheme once during the three-year interim period, as fishing lines
often last 6 years or more. The three-year interim period is intended
to allow current vertical lines used in the fishery to be phased out
and replaced towards the end of their lifespan to avoid unnecessary
waste and costs. Additionally, after initial acquisition, replacement
of manufactured line in the required color scheme is not expected to
increase incremental costs, as compared to what routine gear
replacement costs would have been without this new gear marking
requirement.
For buoy marking, buoys may be permanently marked directly on the
buoy, or cattle ear tags could be ordered and the required
identification information etched or stamped on each tag, then affixed
to each buoy prior to setting the gear. NMFS estimates that during the
3-year period of this collection, each respondent will only need to
purchase tags and line once and then perform ongoing maintenance of
those markings.
To annualize gear marking costs, the number of respondents is
divided by the 3-year period of this collection, resulting in an
average of 112 respondents per year. NMFS estimates it takes
approximately 5 hours to replace lines and mark buoys; therefore, the
total burden would be approximately 560 hours per year. The estimated
average cost burden for compliance with the new gear marking
regulations in this rule is estimated to be $809 per respondent (e.g.,
vessel operator). This total accounts for the costs of gear-specific
marked line, gear-specific marked buoy tags, and paint or markers. This
cost per vessel does not always equate to the cost per entity.
NMFS does not anticipate any additional compliance burden to the
vessels subject to this action from complying with the biodegradable
escape panel placement specifications or twine size changes in this
rule. This is because industry representatives attest that no
retrofitting of existing pots will be required to comply with revised
regulations.
Economic impacts from this rulemaking come primarily from the gear
marking requirements. The gear marking alternative adopted in the final
rule requires marking of only approximately 1 percent of vertical
lines; specifically, the portion of the line that is most commonly
documented in entanglements. The rulemaking also requires marking every
buoy because at least one buoy is observed in the majority of
entanglements. For these reasons, the alternative adopted in this final
rule provides the best result in terms of assessing minimal costs to
industry and providing benefits in terms of being able to positively or
negatively attribute entanglements.
There are no expected economic impacts from any other measures in
this final rule, including the voluntary single-line allowance to
reduce risk of entanglement. The single-line allowance is voluntary in
nature to minimize the risk of gear loss, while removing a regulatory
barrier to reducing the number of vertical lines in the water. This
entanglement risk reduction measure therefore implements NMFS'
statutory obligation under the Magnuson-Stevens Act to minimize bycatch
to the extent practicable. None of the other alternatives considered
during this rulemaking would meet the stated objectives and minimize
any significant economic impact of the rule as compared to the final
action.
Section 212 of the Small Business Regulatory Enforcement Fairness
Act of 1996 (SBREFA) states that, for each rule for which an agency is
required to prepare a FRFA, the agency shall publish one or more guides
to assist small entities in complying with the rule, and shall
designate such publications as ``small entity compliance guides.'' The
agency shall explain the actions a small entity is required to take to
comply. As part of this rulemaking process, a notification to permit
holders and other interested parties that also serves as small entity
compliance guide (the guide) was prepared. Copies of this final rule
are available from the West Coast Regional Office, and the guide will
be sent electronically to all holders of permits fishing for groundfish
in the EEZ with the subject gear types. The guide and this final rule
will also be posted to the NMFS website and made available upon
request.

Paperwork Reduction Act

This rulemaking contains a collection-of-information requirement
subject to review and approval by the Office of Management and Budget
(OMB) under the PRA. This rulemaking revises and extends an existing
collection with new requirements for fishermen, when using specific
gear types to harvest groundfish, to disclose publicly what gear type
they are deploying by marking their gear with gear-specific buoy
marking and at least the top 20 fm (37 m) of the vertical line in a
required color scheme. Line may be either temporarily marked in
continuous alternating-colored bands (will only apply for 3 years
following the effective date of final rule) or using manufactured line

[[Page 64804]]

with only the two specific colors. Burden estimates for the existing
collection, which requires vessel identification on a buoy, are revised
to update the estimated number of affected entities with updated
fishery information and to adjust cost burden estimates for inflation.
Public reporting burden for the vessel identification requirements
remains 15 minutes per year per vessel. Public reporting burden for new
gear marking requirements that are the subject of this rulemaking is
estimated to average 5 hours per year per individual response to gear
marking requirements. Burden hour estimates include the time for
reviewing instructions, searching equipment sources, gathering and
maintaining the equipment needed, and completing and maintaining the
collection of information. This collection of information was
previously approved by the OMB under OMB Control Number 0648-0352.
One public comment was received directly pertaining to the proposed
collection, asking for a correction to an apparent typo in the
Supporting Statement and asking NMFS to acknowledge the uncertainty in
the burden hour estimates since they were not modeled. No public
comments were received regarding: (1) whether this proposed collection
of information is necessary for the proper performance of the functions
of the agency, including whether the information shall have practical
utility; (2) ways to enhance the quality, utility, and clarity of the
information to be collected; and (3) ways to minimize the burden of the
collection of information, including through the use of automated
collection techniques or other forms of information technology.
Notwithstanding any other provision of the law, no person is
required to respond to, nor shall any person be subject to a penalty
for failure to comply with, a collection of information subject to the
requirements of the PRA, unless that collection of information displays
a currently valid OMB Control Number.

List of Subjects in 50 CFR Part 660

Fisheries, Fishing, Reporting and recordkeeping requirements.

Dated: September 25, 2026.
Samuel D. Rauch III,
Deputy Assistant Administrator for Regulatory Programs, National Marine
Fisheries Service.

For the reasons set out in the preamble, NMFS amends 50 CFR part
660 as follows:

PART 660--FISHERIES OFF WEST COAST STATES

0
1. The authority citation for part 660 continues to read as follows:

Authority: 16 U.S.C. 1801 et seq., 16 U.S.C. 773 et seq., and
16 U.S.C. 7001 et seq.

0
2. Amend part 660 subparts C, E, and F by removing the word
``longline'' and adding in its place the words ``bottom longline''
wherever it appears, except for Sec. Sec. 660.11, 660.12(a)(15),
660.13(d)(4)(iv)(A)(21), 660.21(b)(1), 660.21(c)(1)(iii) and
(c)(2)(ii), 660.230(b)(4), 660.330(b)(2)(i).

0
3. In Sec. 660.11, amend the definition of ``Fishing gear'' by:
0
a. Revising paragraph (5);
0
b. Adding paragraphs (6)(i)(B), (C) and (D); and
0
c. Revising paragraph (10).
The revisions and additions read as follows:

Sec. 660.11 General definitions.

* * * * *
Fishing gear * * *
(5) Fixed gear (anchored non-trawl gear) means the following gear
types: bottom longline, trap or pot, set net, and stationary hook-and-
line (including commercial vertical hook-and-line) gears.
(6) * * *
(i) * * *
(B) Surface line means line at or near the water's surface that
connects the main buoy to any additional buoys.
(C) Vertical line means the line connecting the main buoy to the
groundline.
(D) Main buoy means the buoy closest to the groundline, attached to
the vertical line at or near the water's surface.
* * * * *
(10) Trap or pot See Sec. 600.10 of this chapter, definition of
``trap.'' These terms are used as interchangeable synonyms.
(i) Surface line means line at or near the water's surface that
connects the main buoy to any additional buoys.
(ii) Vertical line means the line connecting a pot or groundline
attached to multiple pots to the main buoy.
(iii) Main buoy means the buoy closest to the fishing gear (pot or
groundline) and attached to the vertical line at or near the surface.
(iv) Collapsible pot means a cylindrical pot that is not rigid, and
can be collapsed for storage when not deployed, also called ``slinky
pots.''
* * * * *

0
4. In Sec. 660.12, revise paragraphs (a)(2) and (9) to read as
follows:

Sec. 660.12 General groundfish prohibitions.

* * * * *
(a) * * *
(2) Falsify or fail to affix and maintain vessel and gear
identifications and markings as required by Sec. 660.20 or Sec.
660.219, subpart E or Sec. 660.319, subpart F.
* * * * *
(9) When requested or required by an authorized officer, refuse to
present fishing gear, including gear marking tags when required, for
inspection, refuse to present fish subject to such persons control for
inspection, or interfere with a fishing gear or marine animal or plant
life inspection.
* * * * *

0
5. Revise Sec. 660.219 to read as follows:

Sec. 660.219 Fixed gear identification and marking.

(a) Gear identification. (1) Fixed gears authorized for use in the
limited entry fishery (i.e., bottom longline, trap or pot, and
stationary hook-and-line gear, including commercial vertical hook-and-
line gear) must be marked at the surface at each terminal end, with a
pole, flag, light, radar reflector, and a buoy, except that bottom
longline and pot gears (as defined at Sec. 660.11) may be marked, as
described in this paragraph (a)(1), at just one terminal end (i.e.,
gear may be marked at either both terminal ends or one terminal end).
(2) Limited entry commercial vertical hook-and-line gear that is
closely tended as defined at Sec. 660.311, Subpart F, may be marked
only with a single buoy of sufficient size to float the gear.
(3) At least one buoy used to mark fixed gear under paragraph
(a)(1) or (a)(2) of this section must be marked with a number clearly
identifying the owner or operator of the vessel. In addition, all buoys
used to mark bottom longline or pot gear in the limited entry fishery
must be marked with a legible number clearly identifying the owner or
operator of the vessel. For these two gear types, the number must be
marked directly on at least one buoy, and all other buoys must have the
number directly on the buoy or included on gear marking tags attached
to the buoy, as specified in paragraph (b)(1) of this section. For all
these marking requirements, the number may be either:
(i) If required by applicable state law, the vessel's number, the
commercial fishing license number, or buoy brand number; or
(ii) The vessel documentation number issued by the USCG, or, for an
undocumented vessel, the vessel registration number issued by the
state.
(b) Gear marking. Bottom longline and trap or pot gear, as defined
at

[[Page 64805]]

Sec. 660.11, used in the limited entry fishery must have gear-specific
markings on any vertical lines (as defined at Sec. 660.11) and all
buoy(s). These gear-specific markings are in addition to identification
requirements set out in paragraph (a) of this section and applicable
gear restrictions in Sec. 660.230.
(1) All buoys attached to the surface line of the subject gears in
this paragraph (b)(1) must have a gear-specific marking. Marking must
be either a permanent mark directly on the buoy or on a durable tag for
each buoy; both are not required. Marks directly on the buoy must
appear at least twice on each buoy on opposing sides. Tags must be
stamped or engraved, where there is a physical indentation along with a
contrasting color. Prior to gear deployment, if the tags are not
securely attached to each buoy, tags for each buoy must be shown, upon
request, to authorized agents. On a trip where a vessel takes and
retains groundfish in the EEZ with the subject gear, all buoys deployed
with fishing gear are required to be marked either directly on the buoy
or with a tag attached to the buoy with a single, exclusive gear-
specific mark, as described in this paragraph (b)(1).
(i) Permanent buoy markings for bottom longline gear must be the
capital letters ``GL,'' be legible, be at least 3 inches (7.7 cm) in
height, and a gear-specific mark for pot gear may not be present. Tags
used to mark buoys attached to bottom longline gear must be brown and
large enough to accommodate a letter ``GL'' engraved that is at least
1.75 inches (4.4 cm) in height.
(ii) Permanent buoy markings for pot gear must use the capital
letters ``GP,'' be legible, be at least 3 inches (7.7 cm) in height,
and a gear-specific mark for bottom longline gear may not be present.
Tags used to mark buoys attached to pot/trap gear must be orange and
large enough to accommodate a letter ``GP'' engraved that is at least
1.75 inches (4.4 cm) in height.
(2) All vertical lines (as defined at Sec. 660.11) of the subject
gears in this paragraph (b)(2) must have gear-specific marks. Marks
must be continuous in at least the top 20 fm (37 m) of the vertical
line, measured from the main buoy down towards the groundline.
(i) Line manufactured in a gear-specific color scheme must be used
for the marked portion of the line. Lines must be both brown and blue
for use with bottom longline gear. Lines must be both orange and blue
for use with pot gear. At least one-third of strands in the marked line
must be one of the gear-specific colors specified here, and the
remainder of the strands the other color. Presence of any third color,
besides white, is prohibited in the portion of the line required to be
marked.
(ii) Until January 11, 2030, the colors specified in paragraph
(b)(3)(i) of this section may be applied by temporary methods such that
the colors are clearly visible and in continuous, alternating bands of
18-28 inches (46-71 cm) each, over the entire portion of the line
required to be marked in this paragraph (b)(2)(ii). Marking is
continuous if no more than 6 inches of the original, unmarked line
color shows through. If any amount less than 6 inches of original line
is visible it may not be in the full circumference of the line.

0
6. In Sec. 660.230, revise paragraph (b)(3) and add paragraph (b)(6)
to read as follows:

Sec. 660.230 Non-trawl fishery--management measures.

* * * * *
(b) * * *
(3) Traps or pots must have biodegradable escape panels that meet
the following requirements:
(i) General. Traps or pots must have escape panels constructed with
number 30 or smaller untreated cotton twine in such a manner that an
opening at least 8 inches (20.3 cm) in diameter results when the twine
deteriorates, and the resulting opening is positioned within 3 inches
(7.7 cm) from the bottom of the pot.
(ii) Collapsible pots. A collapsible pot (defined at Sec. 660.11,
subpart C) is exempt from the placement requirements for escape panels
described in paragraph (b)(4)(i) of this section. Instead, a
collapsible pot must have one of the following:
(A) An escape panel placed anywhere on the mesh of the collapsible
pot, constructed with number 30 or smaller untreated cotton twine and
in such a manner that an opening at least 8 inches (20.3 cm) in
diameter results when the twine deteriorates.
(B) One door on the pot must measure at least 8 inches (20.3 cm) in
diameter and be attached with number 30 or smaller untreated cotton
thread.
* * * * *
(6) Surface line, defined at Sec. 660.11, that is used with bottom
longline or pot gear may not exceed 10 fm (18.3 m) in length, measured
from the terminal end to the main buoy.
* * * * *

0
7. Revise Sec. 660.319 to read as follows:

Sec. 660.319 Open access fishery gear identification and marking.

(a) Gear identification. (1) Open access fixed gear (bottom
longline, trap or pot, set net and stationary hook-and-line gear,
including commercial vertical hook-and-line gear) must be marked at the
surface at each terminal end, with a pole, flag, light, radar
reflector, and a buoy, except that in the directed open access fishery
(defined at Sec. 660.11), bottom longline and pot gears may be marked,
as described in this paragraph (a)(1), at just one terminal end (i.e.,
gear may be marked at either both terminal ends or one terminal end).
(2) Open access commercial vertical hook-and-line gear that is
closely tended, as defined at Sec. 660.311, may be marked only with a
single buoy of sufficient size to float the gear.
(3) At least one buoy used to mark fixed gear under paragraph
(a)(1) or (a)(2) of this section must be marked with a legible number
clearly identifying the owner or operator of the vessel. In addition,
all buoys used to mark bottom longline or pot gear in the directed open
access fishery must be marked with a legible number clearly identifying
the owner or operator of the vessel. For these two gear types, the
number must be marked directly on at least one buoy used with surface
gear, and all other buoys must have the number directly on the buoy or
included on gear marking tags attached to the buoy, as specified in
paragraph (b)(1) of this section. For all these marking requirements,
the number may be either:
(i) If required by applicable state law, the vessel's number, the
commercial fishing license number, or buoy brand number; or
(ii) The vessel documentation number issued by the USCG, or, for an
undocumented vessel, the vessel registration number issued by the
state.
(b) Gear marking. Bottom longline and pot gears used in the
directed open access fishery (defined at Sec. 660.11) must have gear-
specific markings on any vertical lines (as defined at Sec. 660.11)
and all buoy(s). These gear-specific markings are in addition to
identification requirements set out in paragraph (a) of this section
and applicable gear restrictions set out in Sec. 660.330.
(1) All buoys attached to the surface line of the subject gears in
this paragraph (b)(1) must have a gear-specific marking. Marking may be
either a permanent mark directly on the buoy or on a durable tag for
each buoy; both are not required. Marks directly on the buoy must
appear at least twice on each buoy and on opposing sides. Tags must be
stamped or engraved, where there is a physical indentation along with a
contrasting color. Prior to gear deployment, if the tags are not
securely

[[Page 64806]]

attached to each buoy, tags for each buoy must be shown, upon request,
to authorized agents. On a trip where a vessel takes and retains
groundfish in the EEZ with the subject gear, all buoys are required to
be marked either directly on the buoy or with a tag attached to the
buoy with a single, exclusive gear-specific mark, as described in this
paragraph (b)(1).
(i) Permanent buoy markings for bottom longline gear must be the
capital letters ``GL,'' be legible, be at least 3 inches (7.7 cm) in
height, and a gear-specific mark for pot gear may not be present. Tags
used to mark buoys attached to bottom longline gear must be brown and
large enough to accommodate a letter ``GL'' engraved that is at least
1.75 inches (4.5 cm) in height.
(ii) Permanent buoy markings for pot gear must use the capital
letters ``GP,'' be legible, be at least 3 inches (7.7 cm) in height,
and a gear-specific mark for bottom longline gear may not be present.
Tags used to mark buoys attached to pot/trap gear must be orange and
large enough to accommodate a letter ``GP'' engraved that is at least
1.75 inches (4.5 cm) in height.
(2) All vertical lines (as defined at Sec. 660.11) of the subject
gears in this paragraph (b)(2) must have gear-specific marks. Marks
must be continuous in at least the top 20 fm (37 m) of the vertical
line, measured from the main buoy down towards the groundline.
(i) Manufactured line in a gear-specific color scheme must be used
for the marked portion of the line. Lines must be both brown and blue
for use with bottom longline gear. Lines must be both orange and blue
for use with pot gear. At least one-third of strands in marked line
must be in one of the listed colors, and the remainder of the strands
in the other color. Presence of any third color, besides white, is
prohibited in the portion of the line required to be marked.
(ii) Until January 11, 2030, the colors specified in paragraph
(b)(2)(i) of this section may be applied by temporary methods such that
the colors are clearly visible and in continuous, alternating bands of
18-28 inches (46-71 cm) each, over the entire portion of the line
required to be marked in this paragraph (b)(2)(ii). Marking is
continuous if no more than 6 inches of the original, unmarked line
color shows through. If any amount less than 6 inches of original line
is visible it may not be in the full circumference of the line.

0
8. Amend Sec. 660.330 by:
0
a. Revising paragraphs (b) introductory text and (b)(2)(i) and (iii);
and
0
b. Adding paragraph (b)(2)(v).
The revisions and addition read as follows:

Sec. 660.330 Open access fishery--management measures.

* * * * *
(b) Gear restrictions. Open access gear is defined at Sec. 660.11,
and includes but is not limited to, bottom longline, trap or pot, hook-
and-line (fixed or mobile), set net (anchored gillnet or trammel net,
which are permissible south of 38[deg] N. lat. only), spear and non-
groundfish trawl gear (trawls used to target non-groundfish species:
pink shrimp or ridgeback prawns, and, south of Pt. Arena, CA
(38[deg]57.50' N. lat.), California halibut or sea cucumbers).
Restrictions for gears used in the open access fisheries are as
follows:
* * * * *
(2) * * *
(i) Fixed gear. Fixed gear (bottom longline, trap or pot, set net
and stationary hook-and-line gear, including commercial vertical hook-
and-line gear) must be attended at least once every 7 days and is
subject to the identification requirements described at Sec. 660.319.
Vessels fishing with bottom longline and snap gears as defined at Sec.
660.11, are subject to the requirements of the Seabird Avoidance
Program described in Sec. 660.21. Vessels fishing with bottom longline
or pot and trap gears in the directed open access fishery, as defined
at Sec. 660.11, are subject to the gear identification and marking
requirements described in Sec. 660.319.
* * * * *
(iii) Traps or pots must have escape panels. (A) Traps or pots must
have escape panels constructed with number 30 or smaller untreated
cotton twine in such a manner that an opening at least 8 inches (20.3
cm) in diameter results when the twine deteriorates, and the resulting
opening is positioned within 3 inches (7.7 cm) from the bottom of the
pot.
(B) A collapsible pot (defined at Sec. 660.11) is exempt from the
placement requirements for escape panels described in this section.
Instead, a collapsible pot must have one of the following:
(1) An escape panel placed anywhere on the mesh of the collapsible
pot, constructed with number 30 or smaller untreated cotton twine and
in such a manner that an opening at least 8 inches (20.3 cm) in
diameter results when the twine deteriorates.
(2) One door on the pot must measure at least 8 inches (20.3 cm) in
diameter and be attached with number 30 or smaller untreated cotton
thread.
* * * * *
(v) Surface line. Surface line, defined at Sec. 660.11, that is
used with bottom longline or pot gear may not exceed 10 fm (18.3 m) in
length, measured from the terminal end to the main buoy.
* * * * *
[FR Doc. 2026-20873 Filed 10-9-26; 8:45 am]
BILLING CODE 3510-22-P

</pre><script data-cfasync="false" src="/cdn-cgi/scripts/5c5dd728/cloudflare-static/email-decode.min.js"></script></body>
</html>

View on FederalRegister.gov →Plain-text source

Indexed from Federal Register on October 13, 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.