Magnuson-Stevens Act Provisions; Fisheries off West Coast States; Pacific Coast Groundfish Fishery; Pacific Coast Groundfish Fishery Management Plan; Amendment 32, 59838-59863 [2023-18411]

Download as PDF 59838 Federal Register / Vol. 88, No. 167 / Wednesday, August 30, 2023 / Proposed Rules DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Parts 300 and 660 [Docket No. 230822–0203] RIN 0648–BM28 Magnuson-Stevens Act Provisions; Fisheries off West Coast States; Pacific Coast Groundfish Fishery; Pacific Coast Groundfish Fishery Management Plan; Amendment 32 National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Proposed rule; notice of availability of a draft environmental assessment; request for comments. AGENCY: This action proposes regulations that would implement Amendment 32 to the Pacific Coast Groundfish Fishery Management Plan. The proposed regulations include a suite of changes to non-trawl area management measures seaward of California and Oregon. Specifically, NMFS proposes to: allow increased fishing access with specific gear types to the Non-Trawl Rockfish Conservation Area for the commercial groundfish limited entry fixed gear sector and vessels that gear switch under the Trawl Individual Fishing Quota program; modify gear restrictions in the NonTrawl Rockfish Conservation Area for all non-trawl commercial groundfish sectors; move the seaward boundary of the Non-Trawl Rockfish Conservation Area to 75 fathoms (137 meters) for all non-trawl commercial groundfish sectors and the directed commercial Pacific halibut fishery; create new Groundfish Conservation Areas, including new Yelloweye Rockfish Conservation Areas seaward of Oregon and Groundfish Exclusion Areas seaward of Southern California; create new Essential Fish Habitat Conservation Areas off Oregon; remove the Cowcod Conservation Area seaward of Southern California for all groundfish commercial and recreational non-trawl sectors, and enable the use of Block Area Closures to control the catch of groundfish for all commercial non-trawl sectors. The purpose of Amendment 32 is to provide fishing access to healthy groundfish stocks for non-trawl groundfish fisheries and the directed commercial halibut fishery while still meeting the conservation objectives of the Pacific Coast Groundfish Fishery Management Plan. NMFS also announces the lotter on DSK11XQN23PROD with PROPOSALS1 SUMMARY: VerDate Sep<11>2014 17:02 Aug 29, 2023 Jkt 259001 availability of a draft Environmental Assessment that analyzes the potential effects of the associated proposed rule. In addition, this action proposes minor administrative regulatory revisions which would correct the name of the Cordell Bank Groundfish Conservation Area, amend the description of the Cordell Bank Groundfish Conservation Area, add new regulatory definitions for different types of fishing bait, and add new exemptions to Vessel Monitoring System reporting requirements. DATES: Comments on this proposed rule and draft Environmental Assessment must be received on or before September 29, 2023. ADDRESSES: You may submit comments on this document, identified by NOAA– NMFS–2023–0051, by the following method: • Electronic Submission: Submit all electronic public comments via the Federal e-Rulemaking Portal. Go to https://www.regulations.gov and enter NOAA–NMFS–2023–0051 in the Search box. Click on the ‘‘Comment’’ icon, complete the required fields, and enter or attach your comments. Instructions: Comments sent by any other method, to any other address or individual, or received after the end of the comment period, may not be considered by NMFS. All comments received are a part of the public record and will generally be posted for public viewing on www.regulations.gov without change. All personal identifying information (e.g., name, address, etc.), confidential business information, or otherwise sensitive information submitted voluntarily by the sender will be publicly accessible. NMFS will accept anonymous comments (enter ‘‘N/ A’’ in the required fields if you wish to remain anonymous). Electronic Access Information relevant to Amendment 32, which includes a draft Environmental Assessment, a Regulatory Impact Review, a Regulatory Flexibility Act analysis and a Magnuson Stevens Fishery Conservation and Management Act (Magnuson-Stevens Act) analysis (all referred to hereafter as Analysis), are accessible via the internet at the NMFS West Coast Region website at: https://www.fisheries.noaa.gov/westcoast/laws-and-policies/west-coastregion-national-environmental-policyact-documents. FOR FURTHER INFORMATION CONTACT: Lynn Massey, phone: 562–900–2060, or email: Lynn.Massey@noaa.gov SUPPLEMENTARY INFORMATION: The Pacific Coast Groundfish fishery in the U.S. exclusive economic zone (EEZ) PO 00000 Frm 00026 Fmt 4702 Sfmt 4702 seaward of Washington, Oregon, and California is managed under the Pacific Coast Groundfish Fishery Management Plan (FMP). The Pacific Fishery Management Council (Council) developed the Pacific Coast Groundfish FMP pursuant to the Magnuson-Stevens Act, 16 U.S.C. 1801 et seq. The Secretary of Commerce approved the Pacific Coast Groundfish FMP and implemented the provisions of the plan through federal regulations at 50 CFR part 660, subparts C through G. Species managed under the Pacific Coast Groundfish FMP include more than 90 species of roundfish, flatfish, rockfish, sharks, and skates. This rule would implement regulations for Amendment 32 to the Pacific Coast Groundfish FMP (also referred to interchangeably as ‘‘this action’’). Consistent with MSA Section 303(c)(1), the Council deemed the proposed regulations consistent with and necessary to implement Amendment 32 in a July 21, 2023 letter from Council Chairman Merrick Burden to Regional Administrator Jennifer Quan. The Notice of Availability for Amendment 32 that published on August 2, 2023 (88 FR 50830) describes FMP changes in, and requests comments on, Amendment 32 In addition to proposing changes to the regulations at 50 CFR part 300 and part 660 to implement Amendment 32, this proposed rule also proposes minor, clarifying and administrative revisions to the regulations in part660. These administrative changes would correct the name of the Cordell Bank Groundfish Conservation Area (Cordell Bank GCA), amend the description of the Cordell Bank GCA, add new regulatory definitions for different types of fishing bait, and add new exemptions to Vessel Monitoring System (VMS) reporting requirements. Background In the early 2000s, several types of groundfish conservation areas (GCAs), defined at § 660.11, were implemented (as part of FMP Amendment 16–3) to protect overfished groundfish species off the U.S. West Coast; this includes the coastwide Non-Trawl Rockfish Conservation Area (Non-Trawl RCA) (68 FR 907, January 7, 2003), and the Cowcod Conservation Areas (CCAs) (66 FR 2338, January 11, 2001)) in the Southern California Bight. With the rebuilt status of almost all of these groundfish species (the exception being yelloweye rockfish, which is projected to rebuild by 2029), the Council has been prioritizing increased fishing access to these areas for groundfish nontrawl fisheries (i.e., the directed open E:\FR\FM\30AUP1.SGM 30AUP1 Federal Register / Vol. 88, No. 167 / Wednesday, August 30, 2023 / Proposed Rules access sector, the California recreational sector, the limited entry fixed gear (LEFG) sector, and vessels that use nontrawl gear under the Trawl Individual Fishing Quota (IFQ) Program). In November 2019, the Council directed the Groundfish Advisory Subpanel (GAP) to develop the scope of action and draft a purpose and need statement for non-trawl area management modifications during the GAP’s March and April 2020 meetings. The GAP then submitted an informational report (see Informational Report 4 in the June 2020 briefing book at pcouncil.org) for Council consideration and scheduling of further scoping of the issues. In April 2021, the Council initiated a scoping process to address modifying Non-Trawl RCA catch restrictions and boundaries (see Agenda Item F.3, Attachment 2 in the April 2021 briefing book at pcouncil.org). In November 2021 and April 2022, the Council further refined the range of alternatives, which included expanding the action to include changes to the CCA (both the Eastern CCA and the Western CCA) seaward of California, consideration of new closed areas (i.e., Groundfish Exclusion Areas (GEAs) and Yelloweye Rockfish Conservation Areas (YRCAs)), and changes to Essential Fish Habitat Conservation Areas (EFHCAs) that would be partially exposed to fishing activity under the alternatives. The Council selected a preliminary preferred range of alternatives at their September 2022 meeting and selected a final range of alternatives at their March 2023 meeting. More details on how the range of alternatives evolved through this process is provided in the Analysis (see ADDRESSES). The Council’s resulting final preferred alternative constitutes Amendment 32 to the Pacific Coast Groundfish FMP. Amendment 32 and its implementing regulations included in this proposed rule would provide additional fishing opportunity in these closures through a suite of modifications to GCA boundaries, gear specifications, and catch restrictions, while continuing to rebuild yelloweye rockfish and mitigate fishing impacts to sensitive habitats. lotter on DSK11XQN23PROD with PROPOSALS1 Revisions to Non-Trawl Rockfish Conservation Area Management Measures Boundary Modifications The Non-Trawl RCA is a coastwide, contiguous area bounded by specific latitude and longitude coordinates that approximate depth contours along the West Coast continental shelf and around select islands off Southern California. Non-Trawl RCA boundaries are not VerDate Sep<11>2014 17:02 Aug 29, 2023 Jkt 259001 consistent along the coast; they vary by management area (i.e., the shoreward and seaward boundaries are shallower or deeper, depending on latitude). The Non-Trawl RCA prohibits almost all commercial non-tribal directed groundfish fishing with non-trawl gear, and also applies to the non-tribal directed commercial halibut fishery (see 50 CFR 300.63(e)(1)). The seaward boundary of the NonTrawl RCA approximates the 100 fathom (fm, 183 meters (m)) depth contour seaward of Oregon and the 100 (183 m) or 125 fm (229 m) depth contour seaward of California, depending on latitude (see Tables 2 North and South of subpart E and Tables 3 North and South to subpart F). The implementing regulations for Amendment 32 as included in this proposed rule would move the seaward boundary of the Non-Trawl RCA in to the depth contour that approximates 75 fm (137 m) seaward off both Oregon and California, which would open up approximately 2,411 square miles (sq mi, 6,244 square kilometers (sq km)) to all non-trawl commercial groundfish sectors and the non-tribal directed commercial Pacific halibut fishery. Adjusting the Non-Trawl RCA boundary for both the commercial non-tribal directed groundfish and halibut fisheries would reduce enforcement complexity and provide additional fishing opportunity. The Non-Trawl RCA boundaries in the Southern California Bight (south of 34°27′ N lat.) would not change, as the 75–100 fm (137–183 m) depth range is already open in this area. Catch Restriction Modifications The final rule for the 2023–24 Groundfish Harvest Specification and Management Measures action (87 FR 77007, December 16, 2022) authorized the use of two new hook-and-line gear configurations for use inside the NonTrawl RCA by the directed open access sector as defined at § 660.11. These two new gear configurations included stationary vertical jig gear (see § 660.330(b)(3)(i)) and groundfish troll gear (see § 660.330(b)(3)(ii)). The implementing regulations for Amendment 32 as included in this proposed rule would allow vessels participating in the LEFG sector and vessels that use non-trawl gear under the Trawl IFQ program (i.e., ‘‘IFQ gear switchers’’) to fish with these gear types under their respective catch limits rather than under open access trip limits. In other words, LEFG vessels could fish inside the Non-Trawl RCA pursuant to their higher trip limits listed in subpart E Tables 1 North and South, PO 00000 Frm 00027 Fmt 4702 Sfmt 4702 59839 and IFQ gear switchers could fish inside the Non-Trawl RCA under their quota pounds. Vessels would be required to make an appropriate declaration (specified at § 660.13(d)) that corresponds to their respective sector and the chosen gear type (i.e., either stationary vertical jig gear or groundfish troll gear). On a fishing trip where any fishing would occur inside the NonTrawl RCA, only one type of nonbottom contact gear would be permitted to be carried on board, and no other fishing gear of any type could be carried on board or stowed during that trip. The vessel would be allowed to fish inside and outside the Non-Trawl RCA on the same fishing trip, provided a valid declaration report as required at § 660.13(d) is filed with NMFS’ Office of Law Enforcement (OLE). Crossover provisions at § 660.60(h)(7)(ii) would not apply for the two Non-Trawl RCA gear types (i.e., stationary vertical jig gear and groundfish troll gear). Access to these higher trip limits would increase fishing opportunity and provide operational flexibility for these vessels. Gear Modifications The two new hook-and-line gear configurations authorized as part of the 2023–24 Groundfish Harvest Specification and Management Measures action (87 FR 77007, December 16, 2022) were implemented along with a suite of gear specifications intended to minimize yelloweye rockfish bycatch and seabird interactions. For the stationary vertical jig gear, currently fishermen must have a minimum of 50 feet (15 m) between the bottom weight and the lowest fishing hook to ensure that fishing activity is occurring off the bottom (see § 660.330(b)(3)(i)(A)). In addition, currently only artificial bait is permitted; natural bait is prohibited (see § 660.330(b)(3)(i)(D)). The proposed regulations for Amendment 32 would modify these gear restrictions to instead allow a minimum of 30 feet (9 m) between the bottom weight and the lowest fishing hook, and allow the use of natural bait. These changes are expected to increase catch of underutilized stocks, while continuing to mitigate catch of rebuilding stocks. No changes in gear modifications are being proposed for the groundfish troll gear configuration. Fishermen must continue to have a minimum of 50 feet (15 m) between the bottom weight and the lowest fishing hook, and are still required to use artificial bait with groundfish troll gear. E:\FR\FM\30AUP1.SGM 30AUP1 lotter on DSK11XQN23PROD with PROPOSALS1 59840 Federal Register / Vol. 88, No. 167 / Wednesday, August 30, 2023 / Proposed Rules Revisions to Cowcod Conservation Area Management Measures The CCA was implemented in 2001 to reduce the bycatch of overfished cowcod (66 FR 2338, January 11, 2001), which was declared rebuilt in 2019. Within the CCA, which is comprised of the Western and Eastern CCAs, groundfish fishing by all commercial and recreational groundfish fisheries, including those that use both trawl and non-trawl gear, is prohibited. Amendment 32 and its implementing regulations included in this proposed rule would remove the CCA restrictions for all groundfish non-trawl fisheries, which would open up approximately 4,663 sq mi (12,077 sq km) to all nontrawl commercial groundfish sectors. The CCA would remain in place for groundfish trawl fisheries, as the scope of the Council’s action only considered non-trawl sectors. The purpose of this change is to provide fishing opportunity in this area given the cowcod fishery has been declared rebuilt. Non-trawl fishing is currently allowed shoreward of the 40 fm (73 m) lines around the islands and banks within the current boundaries of the CCA. With the removal of the CCA restrictions, the 40 fm (73 m) restriction would no longer be in place (i.e., vessels could operate anywhere in the area, subject to preexisting area closures). Eight new closures would be enacted in the former boundaries of the CCAs for non-trawl groundfish commercial and recreational fisheries (see the next section on Groundfish Exclusion Areas). The Council recommended defining new fathom lines around islands and banks that reside inside the current CCA. Specifically, the Council recommended that coordinates be defined in the regulations for the 50, 60, 75, 125, and 150 fm (91 m, 110 m, 137 m, 229 m, and 274 m) lines around Santa Barbara Island, San Nicolas Island, Cortes Bank, and Tanner Bank, and the 150 fm (274 m) line around Osborn Bank and the Eastern CCA. The purpose of defining these fathom lines around the islands and banks is to provide flexible management tools to restrict fishing seaward or shoreward of the new lines as needed, which would prevent interactions with certain nearshore species and control catch of groundfish. If Amendment 32 is approved and implemented in a final rule, these boundaries would be defined in the regulations and would be available for use in the future should the Council wish to recommend activating depth-based closures. The Council may also recommend modifying the status of these closures via an inseason action VerDate Sep<11>2014 17:02 Aug 29, 2023 Jkt 259001 consistent with § 660.60(c) or via a rulemaking action for groundfish fisheries management. New Conservation Areas Groundfish Exclusion Areas Amendment 32 and its implementing regulations included in this proposed rule would create a new type of GCA called a GEA, which is intended to mitigate the impacts to sensitive environments from certain groundfish fishing activity. Specifically, eight GEAs would be established in this action: (1) Hidden Reef; (2) West of Santa Barbara Island; (3) Potato Bank; (4) 107/118 Bank; (5) Cherry Bank; (6) Seamount 109; (7) Northeast Bank; and (8) The 43Fathom Spot. All of these GEAs would be located in the Southern California Bight within the area in which nontrawl CCA restrictions would be removed. These GEAs would keep approximately 428 square miles (1,100 sq km) closed to non-trawl fishing effort. The purpose of this change is to create a type of GCA that can be used to protect sensitive areas and that can be separate and distinct from groundfish essential fish habitat (EFH). These GEAs would prohibit all commercial and recreational groundfish fishing. Commercial fishing vessels would be allowed to continually transit through GEAs provided that all gear is stowed. Recreational vessels would be allowed to continually transit through GEAs provided that no gear is deployed. Vessels fishing for non-groundfish species, including highly migratory species, would be permitted within GEAs, provided that no groundfish is on board the vessel. Yelloweye Rockfish Conservation Areas (YRCAs) A YRCA is a type of GCA used to mitigate bycatch of yelloweye rockfish in groundfish fisheries. Given that yelloweye rockfish is still rebuilding, the Council considered establishing new YRCAs in the event that yelloweye rockfish bycatch increases with increased fishing access to the NonTrawl RCA. Amendment 32 would establish four new YRCAs seaward of Oregon: (1) Tillamook YRCA; (2) Newport YRCA; (3) Florence YRCA; and (4) Heceta Bank YRCA. Within the YRCAs, restrictions would apply to both commercial groundfish non-trawl fisheries and the non-tribal directed commercial halibut fishery. In recommending Amendment 32, the Council proposed that only one of the YCRAs would be ‘‘active’’ at the time of implementation. The other three closures would be ‘‘inactive’’ until the PO 00000 Frm 00028 Fmt 4702 Sfmt 4702 Council recommends and NMFS implements those closures. Thus, in this proposed rule only the Heceta Bank YRCA is proposed to be active. The Tillamook, Newport, and Florence YRCAs would be defined and established in federal regulations at § 660.11, but would remain inactive until the Council recommends modifying their inactive status and NMFS implements such changes via an inseason action consistent with § 660.60(c) or a future rulemaking action on groundfish fisheries. NMFS would need to modify the status of these YRCAs for the non-tribal directed commercial halibut fishery via the rulemaking process, as the current regulations on the non-tribal directed halibut fishery do not include a regulatory mechanism for modifying closed areas inseason. Essential Fish Habitat Conservation Areas The Magnuson-Stevens Act requires that FMPs describe and identify EFH and minimize to the extent practicable adverse effects on EFH caused by fishing. The Pacific Coast Groundfish FMP authorizes the use of EFHCAs to protect groundfish EFH from specific types of fishing activity. Federal regulations at §§ 660.75 through 660.79 provide the coordinates for all current EFHCAs off the U.S. West Coast. At present, there are two types of EFHCAs: bottom trawl and bottom contact. Both bottom trawl and bottom contact EFHCAs apply to all fisheries and are not limited in application to groundfish fisheries. Amendment 32 would create a new type of EFHCA that prohibits using non-trawl bottom contact gear (e.g., pot/ longline) for all non-tribal groundfish fisheries and the non-tribal directed commercial Pacific halibut fishery. The purpose of this new type of EFHCA is to protect groundfish EFH that would be newly exposed to non-trawl bottom contact gear from moving the seaward boundary of the Non-Trawl RCA to 75 fm (137 m) seaward of Oregon. Specifically, this proposed rule would establish five new EFHCAs: (1) Nehalem Bank East; (2) Bandon High Spot East; (3) Arago Reef West; (4) Garibaldi Reef North; and (5) Garibaldi Reef South. All of these new EFHCAs overlap partially or entirely with existing bottom trawl EFHCAs (i.e., bottom trawl gear is already prohibited in these areas), which is why the specified gear prohibition only includes non-trawl bottom contact gear. Taking, retaining, or possessing (except for the purpose of continuous transit) groundfish or halibut in these new EFCHAs would be prohibited. E:\FR\FM\30AUP1.SGM 30AUP1 lotter on DSK11XQN23PROD with PROPOSALS1 Federal Register / Vol. 88, No. 167 / Wednesday, August 30, 2023 / Proposed Rules Block Area Closures The Pacific Coast Groundfish FMP and its implementing regulations currently authorize the use of Block Area Closures (BACs) as a routine management measure to control bycatch of groundfish in trawl fisheries. BACs are size variable spatial closures in the EEZ bounded by latitude lines, defined at § 660.11, with depth contour approximations defined at §§ 660.71 through 660.74 ((10 fm (18 m) through 250 fm (457 m)), and § 660.76 (700 fm (1280 m)). Amendment 28 to the FMP (84 FR 63966, November 19, 2019) first established BACs as a management tool. The salmon bycatch minimization measures final rule (86 FR 10857, February 23, 2021) expanded BACs as a tool to minimize salmon bycatch. Amendment 32 and its implementing regulations included in this proposed rule would expand the use of BACs for groundfish non-trawl fisheries. The purpose of this change is to create a mechanism to control bycatch of groundfish and bycatch of protected or prohibited species from non-trawl fisheries given the new flexibilities (e.g., newly opened fishing grounds) that would result from the implementation of this action. Thus, under this proposed rule, BACs could be implemented in the EEZ coastwide. BACs also could be implemented within tribal Usual and Accustomed (U&A) fishing areas but would only apply to non-tribal vessels. This proposed rule would not implement specific individual BACs. This proposed rule would allow NMFS to close or reopen BACs preseason or inseason. The approach would be consistent with existing routine management measures in framework amendments to the FMP that have already been implemented and incorporated into the regulations. Most trip, bag, and size limits, and some GCA closures in the groundfish fishery, including Bycatch Reduction Areas and BACs, have been designated routine management measures in the Pacific Coast Groundfish FMP and in § 660.60(c). The Council can recommend to NMFS implementation or modification of these routine management measures through an expedited process involving a single Council meeting. Inseason changes are announced in the Federal Register pursuant to the requirements of the Administrative Procedure Act. If good cause exists under the Administrative Procedure Act to waive notice and comment, a single Federal Register notice will announce routine inseason BACs implemented by NMFS. VerDate Sep<11>2014 17:02 Aug 29, 2023 Jkt 259001 When deciding whether to recommend BACs for NMFS to implement, consistent with the Pacific Coast Groundfish FMP, the Council considers environmental impacts, economic impacts, and public comments that are received via the Council process. Depending on the circumstances, NMFS may close areas for a defined period of time, for example, a few months or the remainder of the fishing year, or NMFS may maintain a closure for an indefinite period of time, for example, until reopened by a subsequent action. NMFS may close one or more BACs and the size of the BACs can vary. A Federal Register notice will announce the geographic boundaries of one or more BACs, the effective dates, applicable gear/fishery restrictions, as well as the purpose and rationale. NMFS would also disseminate this information on BACs through public notices and by posting on the West Coast Region website (see ADDRESSES for electronic access information). Expected Effects of This Action The Council prepared a detailed Analysis (see Electronic Access section of ADDRESSES) that analyzed the effects of Amendment 32 on various resources. A brief summary of expected effects from the Analysis is provided below. Target and Non-Target Species The Council and NMFS expect that impacts to target and non-target species would be within those described in the 2023–2024 Biennial Harvest Specifications and Management Measures Environmental Assessment (EA), as this action would not change harvest specifications from those implemented in the 2023–2024 harvest specifications action (87 FR 77007, December 16, 2022). That analysis assumes that full annual catch limits (ACLs) are harvested for each stock within the fishery and NMFS issued a Finding of No Significant Impact for that action (see page 64 of 2023–2024 EA, available at: https:// www.fisheries.noaa.gov/west-coast/ laws-and-policies/west-coast-regionnational-environmental-policy-actdocuments). Prohibited Species Prohibited species include those species and species groups whose retention is prohibited in the Pacific Coast groundfish fishery. Prohibited species include any species of salmonid, Pacific halibut, Dungeness crab caught seaward of Washington or Oregon, and groundfish species or species groups under the Pacific Coast Groundfish FMP PO 00000 Frm 00029 Fmt 4702 Sfmt 4702 59841 for which quotas have been achieved and/or the fishery closed (see § 660.11). The Council and NMFS do not expect significant impacts to prohibited species including salmon, Dungeness crab, eulachon, and green sturgeon given the limited encounters and mortality associated with non-trawl fisheries. Non-trawl gear types have historically had little or no mortality of these species, and even with the expansion of opportunities for non-trawl fisheries through this action, mortality is expected to still be negligible. Protected Species Protected species include species other than prohibited species, that are protected under Federal law, including species listed under the Endangered Species Act (ESA), marine mammals protected under the Marine Mammal Protection Act (MMPA), and bird species protected under the Migratory Bird Treaty Act (MBTA). Protected species that may be affected by opening portions of the Non-Trawl RCA include humpback whales (listed under the ESA and MMPA), leatherback sea turtles (ESA), and short-tailed albatross (ESA and MBTA). The portion of the Non-Trawl RCA being opened seaward of Oregon and California between 75 and 100/125 fm (137 and 183/229 m) overlaps with ESAdesignated critical habitat for the Mexican distinct population segment (DPS) of humpback whales (see Figure 27 of the Analysis). NMFS evaluated the effects of the groundfish fishery on ESAlisted humpback whales and their critical habitat in the 2020 Biological Opinion for the Pacific Coast Groundfish Fishery (WCRO–2018– 01378). Under the MMPA, the sablefish pot fishery, which is a sector within the LEFG fishery, is listed as a Category II fishery, which means there is occasional incidental mortality and serious injury of marine mammals. Although there would likely be an effort shift from the sablefish pot fishery as well as other non-trawl fisheries into the newly opened area, the Council and NMFS do not anticipate an overall increase in the number of participants in any non-trawl fishery sector. As explained in the Analysis, it is the amount of gear in the water rather than the amount of area or habitat designation that affects potential entanglement risk for whales. This action does not change the overall amount of sablefish that can be caught by the fishery, which was analyzed as part of the 2023–2024 Biennial Harvest Specifications and Management Measures EA (available at https:// www.fisheries.noaa.gov/west-coast/ laws-and-policies/groundfish-actions- E:\FR\FM\30AUP1.SGM 30AUP1 lotter on DSK11XQN23PROD with PROPOSALS1 59842 Federal Register / Vol. 88, No. 167 / Wednesday, August 30, 2023 / Proposed Rules nepa-documents). The density of pot gear and other non-trawl gear in the EEZ both shoreward and seaward of the NonTrawl RCA will likely lessen, as some vessels will likely shift some of their effort to the newly opened depth bin. This will increase the spatial distribution of pot gear, but will not change the overall amount of effort nor will it concentrate effort in a particular area. In addition, there is no evidence to suggest that vessels fishing in 75–100 or 75–125 fm (137–183 or 137–229 m) would create more potential for whale interactions compared to fishing in 100– 125 fm (183–229 m) or greater, depths at which fishing is already opened. Therefore, NMFS does not anticipate impacts to the Mexican DPS or the Central American DPS of humpback whales from Amendment 32 beyond those impacts already considered in the 2020 Biological Opinion. The portion of the Non-Trawl RCA being opened seaward of Oregon and California between 75 and 100/125 fm (137 and 183/229 m) overlaps with ESAdesignated critical habitat for leatherback sea turtles (see Figure 27 of the Analysis). The effects of the groundfish fishery on ESA-listed leatherback sea turtles was evaluated in the 2012 Biological Opinion (NWR– 2012–876) for the Pacific Coast Groundfish Fishery. There have been no observed takes of leatherback turtles in any groundfish fishery from 2015–2019 (Agenda Item G.4.a, NMFS Report 5, June 2021). The only observed take in the groundfish fishery was in the Open Access pot fishery in 2008. Although there would likely be an effort shift from the LEFG sablefish pot fishery as well as other non-trawl fisheries into the newly opened area, the Council and NMFS do not anticipate an overall increase in the number of participants in any non-trawl fishery sector. As explained in the Analysis, it is the amount of gear in the water rather than the amount of area or habitat designation that affects potential entanglement risk for leatherback sea turtles. This action does not change the overall amount of sablefish that can be caught by the fishery, which was analyzed as part of the 2023–2024 Biennial Harvest Specifications and Management Measures EA. The density of pot gear and other non-trawl gear in the EEZ both shoreward and seaward of the Non-Trawl RCA will likely lessen, as some vessels will likely shift some of their effort to the newly opened depth bin. This will increase the spatial distribution of pot gear, but will not change the overall amount of effort nor will it concentrate effort in a particular area. Therefore, the Council and NMFS VerDate Sep<11>2014 17:02 Aug 29, 2023 Jkt 259001 do not anticipate significant impacts to this species. The portion of the Non-Trawl RCA being opened seaward of Oregon and California between 75 and 100/125 fm (137 and 183/229 m) could potentially increase interactions with ESA-listed short-tailed albatross. Longline gear, which is fished in all non-trawl sectors, is the primary gear evaluated in the 2017 Biological Opinion (O1EOFWOO– 2017–F–03 16) for the Pacific Coast Groundfish Fishery. All vessels over 26 feet (8 m) in length and fishing with longline gear in the area North of 36° N lat. (i.e., in the primary area of overlap with short-tailed albatross habitat) are subject to existing mitigation requirements for seabirds, including night setting and the mandatory use of streamer lines (see Seabird Avoidance Program requirements at § 660.21). There have been no known takes of short-tailed albatross in the groundfish fishery since these required mitigation measures were implemented, and the same mitigation measures would still apply in the newly opened areas. Therefore, the Council and NMFS do not anticipate impacts to this species beyond those considered in the 2017 Biological Opinion. Habitat The portion of the Non-Trawl RCA being opened seaward of Oregon and California between 75 and 100/125 fm (137 and 183/229 m), as well as the area being opened by removing the CCA in Southern California could adversely affect bottom habitat that could be newly exposed to bottom contact groundfish gear, including pot and longline gear. The majority of the area to be opened in the Non-Trawl RCA is soft substrate with some areas that include mixed/hard substrate with habitat-forming invertebrates (such as corals, basketstars, brittlestars, demosponges, gooseneck barnacles, sea anemones, sea lilies, sea urchins, sea whips, tube worms, and vase sponges). These mixed/hard areas largely fall within currently identified EFHCAs for bottom trawl. As described above under the heading, ‘‘New Conservation Areas,’’ the Council recommended additional protection from groundfish non-trawl bottom contact gear (i.e., pot and longline gear) for the portions of bottom trawl EFHCAs that would be newly exposed off Oregon. The newly exposed bottom trawl EFHCAs seaward of California will be evaluated in the Council’s next EFH review; this evaluation will include the question of whether to also prohibit non-trawl bottom contact gear, which is scheduled to begin in 2025. The Council also PO 00000 Frm 00030 Fmt 4702 Sfmt 4702 recommended the eight GEAs in the Southern California Bight to protect sensitive environments of concern in the area of the current CCA. Therefore, the Council and NMFS do not anticipate significant impacts to habitat from this action. Economic Benefits The Council and NMFS anticipate that this action would increase the overall economic value of the groundfish and directed commercial halibut fisheries by providing access to almost three thousand square miles of fishing grounds that have been closed to non-trawl groundfish and halibut fishing for over two decades. In addition, relaxed gear and catch restrictions would allow for diversified fishing strategies and access to higher trip limits/quotas within the remaining Non-Trawl RCA boundaries. As detailed in the Analysis, fishing ports with lower attainment of sablefish are likely to benefit most from the new opportunities; however, ports with high attainment of sablefish could potentially also benefit from access to larger, higher value sablefish and reduced fuel costs from vessels not having to travel beyond 100 or 125 fm (183 or 229 m) to access larger sablefish. Administrative Regulatory Changes In addition to the actions recommended by the Council above, NMFS is also proposing to make three minor regulatory changes in this final rule. These changes, which are necessary to improve clarity of existing regulations, are administrative in nature. Groundfish Conservation Area Nomenclature Corrections NMFS proposes to universally correct all instances of ‘‘Cordell Banks’’ to its correct name of ‘‘Cordell Bank.’’ NMFS also proposes to modify the description of the Cordell Bank GCA at § 660.70(q) to clarify that fishing is not permitted ‘‘within’’ its boundaries as opposed to ‘‘around’’ its boundaries, as currently specified in the regulations. The purpose of this change is to clarify the intended meaning of these regulations for fishermen and to support enforcement efforts, but this change would not constitute a material change to the GCA. Bait Definitions NMFS proposes to add regulatory definitions for artificial lure, bait (both natural and artificial), and weighted gear under § 660.11. This rule proposes to allow for the use of natural bait on non-bottom contact stationary vertical E:\FR\FM\30AUP1.SGM 30AUP1 59843 Federal Register / Vol. 88, No. 167 / Wednesday, August 30, 2023 / Proposed Rules lotter on DSK11XQN23PROD with PROPOSALS1 jig gear in the Non-Trawl RCA, and to continue to prohibit its use on groundfish troll gear in the Non-Trawl RCA. However, natural bait is not defined in the regulations. The purpose of adding these definitions (which are based on common usage) is to clarify the types of bait that are permitted for use within the Non-Trawl RCA. This will aid fishermen and support enforcement efforts. Vessel Monitoring System Exemptions Vessels participating in the limited entry groundfish fishery, open access vessels using non-groundfish trawl gear (vessels fishing for ridgeback prawn, California halibut, and sea cucumber trawl), and any vessels that use open access gear targeting groundfish or that have groundfish bycatch (salmon troll, prawn trap, Dungeness crab, halibut longline, California halibut line gear, and sheephead trap), are required to install a NMFS OLE type-approved mobile transceiver unit and to arrange for a NMFS OLE type-approved communications service provider to receive and relay transmissions to NMFS OLE prior to fishing. These units automatically record a vessel’s position (i.e., the vessel’s geographic location in latitude and longitude coordinates), and transmit those coordinates to a communications service provider. Under current regulation, exemptions from the VMS requirement for specific reasons are allowed (50 CFR 660.14(d)(4)). VMS users must follow the requirements at § 660.14(d)(4)(vi) to submit exemption reports. Current exemptions include a haul out exemption, an outside areas exemption, a permit exemption, and a long-term departure exemption. This proposed rule would create two new exemptions: one for maintenance that does not require a haulout, and one for sale of a vessel. Like the existing haulout exemption, the new maintenance exemption would allow VMS units to temporarily be inoperable and would allow transmissions to be discontinued while work is being done on the vessel. However, the new maintenance exemption would not be limited to maintenance that is conducted while a vessel is hauled out. The new exemption for sale of a vessel would be an extension of the current long-term departure exemption. This new exemption for sale of a vessel is proposed as a response to situations in which new owners purchase vessels and discontinue use of VMS units used by the previous owners. If the previous owners do not submit a Long-Term Departure exemption prior to the sale, the requirement for the VMS units to VerDate Sep<11>2014 17:02 Aug 29, 2023 Jkt 259001 operate continues to exist on the sold vessels, even when the new owners do not participate in an activity requiring VMS. Both of these proposed new exemptions would create flexibilities in the vessel owners’ VMS requirements when vessels are not participating in an activity requiring VMS. If these new exemptions are not added to the regulations, fishermen would continue to be in violation of VMS requirements while their vessels undergo long-term maintenance or when prior owners of newly purchased vessels did not submit a long-term departure exemption prior to selling the vessel. Classification Pursuant to section 304(b)(1)(A) and 305(d) of the Magnuson-Stevens Act and Section 5 of the Northern Pacific Halibut Act of 1982 (Halibut Act, 16 U.S.C. 773c), the NMFS Assistant Administrator has determined that this proposed rule to implement Amendment 32 is consistent with the FMP, other provisions of the MagnusonStevens Act, and other applicable law, subject to further consideration after public comment. For rulemaking efficiency, NMFS is also proposing minor administrative regulatory changes. These changes include corrections to all references to ‘‘Cordell Bank,’’ and, in the description of the Cordell Bank GCA at § 660.70(q), clarifying that fishing is not permitted ‘‘within’’ its boundaries as opposed to ‘‘around’’ its boundaries; adding new regulatory definitions for different types of fishing bait, and adding new exemptions to the Vessel Monitoring System reporting requirements. This proposed rule has been determined to be not significant for purposes of Executive Order 12866. There are no relevant federal rules that may duplicate, overlap, or conflict with this action. Certification Under the Regulatory Flexibility Act The Chief Counsel for Regulation of the Department of Commerce certified to the Chief Counsel for Advocacy of the Small Business Administration that this proposed rule, if adopted, would not have a significant adverse economic impact on a substantial number of small entities. For purposes of the Regulatory Flexibility Act (5 U.S.C. 601 et seq.) (RFA) 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 PO 00000 Frm 00031 Fmt 4702 Sfmt 4702 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). This proposed rule would directly affect groundfish vessels fishing in the directed Open Access, LEFG, IFQ gear switching, and California recreational fishery sectors. The proposed rule would also directly affect vessels participating in the non-tribal directed commercial Pacific halibut fishery. The table below shows the possible ranges and average numbers of vessels that participated in these fishery sectors from 2019–2022. TABLE 1—VESSEL PARTICIPATION IN AFFECTED GROUNDFISH NON-TRAWL SECTORS, 2019–2022 Vessels (n) Fishery Range Open Access ........................... Limited Entry Fixed Gear ........ IFQ- Gear Switching ............... Directed Halibut ....................... CA Recreational (CPFV) ......... 573–681 113–138 9–16 81–99 178–195 Average 614 123 12 88 97 Of those participants, all open access, directed commercial halibut, and commercial passenger fishing vessels (CPFV) are considered small entities. In 2022, 197 of the 218 LEFG reported themselves as small entities. For those that reported themselves as large entities, there were some that owned multiple permits with one entity owning four permits, one owning three permits, and three owning two permits. Of the 9–16 vessels fishing in the IFQ gear switching sector from 2019–2022, these vessels used 20 trawl endorsed permits. In 2022, only one of those permit owners reported as a large entity. In addition, this proposed rule is not expected to place small entities at a significant competitive disadvantage to large entities. The economic impact of the proposed action would be mostly positive for the affected small entities, as Amendment 32 and its proposed regulations would expand fishing opportunity (and therefore increase potential profitability) for all affected small entities through E:\FR\FM\30AUP1.SGM 30AUP1 lotter on DSK11XQN23PROD with PROPOSALS1 59844 Federal Register / Vol. 88, No. 167 / Wednesday, August 30, 2023 / Proposed Rules opening of closed areas and relaxing gear/catch restrictions in the remaining closed areas. The development of new closed areas (i.e., GEAs, YRCAs, and EFHCAs) restricts a smaller overall area in comparison to the area being opened for fishing. The development of BACs would have a neutral impact on small entities as this action is creating the management tool and is not implementing any BAC upon implementation of the final rule for this action. In addition, none of the administrative regulatory changes would have an economic impact on fishery participants. For these reasons, NMFS believes that this proposed rule would not have a significant adverse economic impact on a substantial number of small entities. As a result, an initial regulatory flexibility analysis is not required and none has been prepared. Information Collection Requirements This proposed rule contains a collection-of-information requirement subject to review and approval by the Office of Management and Budget (OMB) under the Paperwork Reduction Act (PRA). This rule would revise the existing requirements under OMB control # 0648–0573, ‘‘VMS and Declarations,’’ by adding and modifying declaration codes for the purpose of monitoring and enforcing the new provisions in the Non-Trawl RCA for limited fixed gear vessels and IFQ gear switchers. These new declaration codes are not anticipated to alter the number of respondents, anticipated responses, burden hours, or burden costs, as the affected vessels are already required to declare their fishing activities. The new declaration codes would allow NOAA’s OLE to track those vessels that are declaring to fish inside the Non-Trawl RCA and identify what catch limits they should adhere to. Public reporting burden for submitting a declaration report is estimated to average 4 minutes per individual report, including the time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. Public comment is sought regarding: whether this proposed collection of information is necessary for the proper performance of the functions of the agency, including whether the information shall have practical utility; the accuracy of the burden estimate; ways to enhance the quality, utility, and clarity of the information to be collected; and ways to minimize the burden of the collection of information, including through the use of automated collection techniques or other forms of VerDate Sep<11>2014 17:02 Aug 29, 2023 Jkt 259001 information technology. Submit comments on these or any other aspects of the collection of information at www.reginfo.gov/public/do/PRAMain. 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 50 CFR Part 300 Fish, Fisheries, Fishing, Fishing vessels. 50 CFR Part 660 Fisheries, Fishing, Reporting and recordkeeping requirements. Dated: August 22, 2023. Samuel D. Rauch, III, Deputy Assistant Administrator for Regulatory Programs, National Marine Fisheries Service. For the reasons set out in the preamble, NMFS proposes to amend 50 CFR parts 300 and 660 as follows: PART 300—INTERNATIONAL FISHERIES REGULATIONS Subpart E—Pacific Halibut Fisheries 1. The Authority citation for part 300 continues to read as follows: ■ Authority: 16 U.S.C. 773–773k 2. Amend § 300.63 by revising paragraph (f) to read as follows: ■ § 300.63 Catch sharing plan and domestic management measures in Area 2A. * * * * * (f) Area 2A Non-Treaty Commercial Fishery Closed Areas. (1) Nontrawl Rockfish Conservation Area (RCA). Non-tribal commercial vessels operating in the directed commercial fishery for halibut in Area 2A are prohibited from fishing within a groundfish closed area known as the nontrawl RCA. Nontrawl RCA boundaries are defined by specific latitude and longitude coordinates that approximate depth contours. Between the U.S./Canada border and 46°16′ N lat., the shoreward boundary of the nontrawl RCA is the EEZ. Between 46°16′ N lat. and 40°10′ N lat., the shoreward boundary of the nontrawl RCA is a line approximating the 30-fm (55-m) depth contour, or the shoreward boundary of the EEZ, whichever is more seaward. Coordinates for the 30-fm (55m) boundary are listed at 50 CFR 660.71(e). Between the U.S./Canada border and 46°16′ N lat., the seaward PO 00000 Frm 00032 Fmt 4702 Sfmt 4702 boundary of the nontrawl RCA is a line approximating the 100-fm (183-m) depth contour. Coordinates for the 100fm (183-m) boundary are listed at 50 CFR 660.73(a). Between 46°16′ N lat. and 40°10′ N lat., the seaward boundary of the nontrawl RCA is a line approximating the 75-fm (137-m) depth contour. Coordinates for the 75-fm (137m) boundary are listed at 50 CFR 660.72(j). (2) North Coast Commercial Yelloweye Rockfish Conservation Area (YRCA). YRCAs are defined in the groundfish regulations at 50 CFR 660.70. Vessels that incidentally catch halibut while fishing in the sablefish primary fishery are required to follow area closures and gear restrictions defined in the groundfish regulations. It is unlawful to take and retain, possess (except for the purpose of continuous transit) or land halibut with limited entry longline gear within the North Coast Commercial Yelloweye Rockfish Conservation Area. All fishing gear for targeting halibut must be stowed while transiting through the North Coast Commercial YRCA when the closure is in effect. (3) Salmon Troll YRCA. YRCAs are defined in the groundfish regulations at 50 CFR 660.70 and in the salmon regulations at 50 CFR 660.405(c). Nontribal commercial vessels that incidentally catch halibut while fishing in the salmon troll fishery are prohibited from fishing within a closed area known as the Salmon Troll YRCA. It is unlawful for commercial salmon troll vessels to take and retain, possess (except for the purpose of continuous transit) or land halibut within the Salmon Troll YRCA. All fishing gear for targeting halibut must be stowed while transiting through the Salmon Troll YRCA when the closure is in effect. (4) Tillamook YRCA. YRCAs are defined in the groundfish regulations at 50 CFR 660.70. It is unlawful for nontribal commercial vessels operating in the directed halibut fishery in Area 2A to take and retain, possess (except for the purpose of continuous transit) or land halibut within the Tillamook YRCA. All fishing gear for targeting halibut must be stowed while transiting through the Tillamook YRCA when the closure is in effect. The closure is not in effect at this time. (5) Newport YRCA. YRCAs are defined in the groundfish regulations at 50 CFR 660.70. It is unlawful for nontribal commercial vessels operating in the directed halibut fishery in Area 2A to take and retain, or possess (except for the purpose of continuous transit) or land halibut within the Newport YRCA. All fishing gear for targeting halibut E:\FR\FM\30AUP1.SGM 30AUP1 lotter on DSK11XQN23PROD with PROPOSALS1 Federal Register / Vol. 88, No. 167 / Wednesday, August 30, 2023 / Proposed Rules must be stowed while transiting through the Newport YRCA when the closure is in effect. The closure is not in effect at this time. (6) Florence YRCA. YRCAs are defined in the groundfish regulations at 50 CFR 660.70. It is unlawful for nontribal commercial vessels operating in the directed halibut fishery in Area 2A to take and retain, possess (except for the purpose of continuous transit) or land halibut within the Florence YRCA. All fishing gear for targeting halibut must be stowed while transiting through the Florence YRCA when the closure is in effect. The closure is not in effect at this time. (7) Heceta Bank YRCA. YRCAs are defined in the groundfish regulations at 50 CFR 660.70. It is unlawful for nontribal commercial vessels operating in the directed halibut fishery in Area 2A to take and retain, possess (except for the purpose of continuous transit) or land halibut within the Heceta Bank YRCA. All fishing gear for targeting halibut must be stowed while transiting through the Heceta Bank YRCA when the closure is in effect. (8) Nehalem Bank East Essential Fish Habitat Conservation Area (EFHCA). EFHCAs are defined in the groundfish regulations at 50 CFR 660.70. It is unlawful for non-tribal commercial vessels operating in the directed halibut fishery in Area 2A to take and retain, possess (except for the purpose of continuous transit) or land halibut within the Nehalem Bank East EFHCA. All fishing gear for targeting halibut must be stowed while transiting through the Nehalem Bank East EFCHA. (9) Garibaldi Reef North EFHCA. EFHCAs are defined in the groundfish regulations at 50 CFR 660.70. It is unlawful for non-tribal commercial vessels operating in the directed halibut fishery in Area 2A to take and retain, possess (except for the purpose of continuous transit) or land halibut within the Garibaldi Reef North EFHCA. All fishing gear for targeting halibut must be stowed while transiting through the Garibaldi Reef North EFCHA. (10) Garibaldi Reef South EFHCA. EFHCAs are defined in the groundfish regulations at 50 CFR 660.70. It is unlawful for non-tribal commercial vessels operating in the directed halibut fishery in Area 2A to take and retain, possess (except for the purpose of continuous transit) or land halibut within the Garibaldi Reef South EFHCA. All fishing gear for targeting halibut must be stowed while transiting through the Garibaldi Reef South EFCHA. (11) Arago Reef West EFHCA. EFHCAs are defined in the groundfish regulations at 50 CFR 660.70. It is VerDate Sep<11>2014 17:02 Aug 29, 2023 Jkt 259001 unlawful for non-tribal commercial vessels operating in the directed halibut fishery in Area 2A take and retain, possess (except for the purpose of continuous transit) or land halibut within the Arago Reef EFHCA. All fishing gear for targeting halibut must be stowed while transiting through the Arago Reef West EFCHA. (12) Bandon High Spot East EFHCA. EFHCAs are defined in the groundfish regulations at 50 CFR 660.70. It is unlawful for non-tribal commercial vessels operating in the directed halibut fishery in Area 2A to take and retain, possess (except for the purpose of continuous transit) or land halibut within the Bandon High Spot East EFHCA. All fishing gear for targeting halibut must be stowed while transiting through the Bandon High Spot East EFCHA. PART 660—FISHERIES OFF WEST COAST STATES 3. 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. Subpart C [Amended] 4. In subpart C of part 660, revise all references to ‘‘Cordell Banks’’ to read ‘‘Cordell Bank’’. ■ 5. Amend § 660.11 by: ■ a. Adding in alphabetical order, the definitions for ‘‘Artificial lure’’ and ‘‘Bait’’; ■ b. In the definition for ‘‘Conservation area(s)’’: ■ i. Revising paragraph (1) introductory text and paragraph (1)(i); ■ ii. Redesignating paragraphs (1)(vi) and (1)(vii) as (1)(vii) and (1)(viii); ■ iii. Adding new paragraph (1)(vi); and ■ c. Adding in alphabetical order the definition for ‘‘Weighted gear’’. The additions and revisions read as follows: ■ § 660.11 General definitions. * * * * * Artificial lure means any manufactured or man-made nonscented/non-flavored (regardless if scent or flavor is added in the manufacturing process or added afterwards) device complete with hooks, intended to attract fish. Artificial lures include, but are not limited to: spoons, spinners, artificial flies, and plugs. Artificial lures are made of metal, plastic, wood, or other non-edible materials. Bait (natural or artificial) means any substance which attracts fish. Natural bait includes any natural biological substance used to attract or catch fish (e.g., herring/fish eggs). Artificial bait PO 00000 Frm 00033 Fmt 4702 Sfmt 4702 59845 includes any manufactured device used to attract or catch fish. * * * * * Conservation area(s) * * * (1) Groundfish Conservation Area or GCA means a conservation area created or modified and enforced to control catch of groundfish or protected species. Regulations at § 660.60(c)(3) describe the various purposes for which NMFS may implement certain types of GCAs through routine management measures. Regulations at § 660.70 further describe and define coordinates for certain GCAs, including: Yelloweye Rockfish Conservation Areas; Cowcod Conservation Areas; Groundfish Exclusion Areas; waters encircling the Farallon Islands; and waters encircling the Cordell Bank. GCAs also include depth-based closures bounded by lines approximating depth contours, including Bycatch Reduction Areas or BRAs, or bounded by depth contours and lines of latitude, including Block Area Closures, or BACs, and Rockfish Conservation Areas, or RCAs, which may be closed to fishing with particular gear types. BRA, BAC, and RCA boundaries may change seasonally according to conservation needs. Regulations at §§ 660.71 through 660.74, and § 660.76 define depth-based boundary lines with latitude/longitude coordinates that may be used to enact depth-based closures. Regulations in this section describe commonly used geographic coordinates that define lines of latitude. Fishing prohibitions associated with GCAs are in addition to those associated with other conservation areas. (i) Block Area Closures or BACs are bounded on the north and south by commonly used geographic coordinates defined in this section, and on the east and west by the EEZ, and boundary lines approximating depth contours, defined with latitude and longitude coordinates at §§ 660.71 through 660.74 (10 fm (18 m) through 250 fm (457 m)), and § 660.76 (700 fm (1,280 m)). BACs may be implemented or modified as routine management measures, per the provisions of § 660.60(c). BACs may be implemented to control catch of groundfish by vessels taking and retaining groundfish in the EEZ seaward of Washington, Oregon and California for vessels using any gear type (trawl or non-trawl). BACs may be implemented to minimize bycatch of Chinook salmon and coho salmon by bottom trawl or midwater trawl vessels in the EEZ seaward of Oregon and California, and by midwater trawl vessels in the EEZ seaward of Washington, but shoreward of the boundary line approximating the E:\FR\FM\30AUP1.SGM 30AUP1 59846 Federal Register / Vol. 88, No. 167 / Wednesday, August 30, 2023 / Proposed Rules 250 fm (457 m) depth contour as defined in § 660.74. BACs may vary in their geographic boundaries, duration, and the gears to which they apply. Their geographic boundaries, applicable gear type(s) and/or specific fishery program, and effective dates will be announced in the Federal Register. BACs may be implemented within tribal Usual and Accustomed fishing areas but may only apply to non-tribal vessels. BACs may have a specific termination date as described in the Federal Register, or may be in effect until modified. BACs that are in effect until modified by NMFS are set out in the trip limit tables of subparts D through F of this part. * * * * * (vi) Groundfish Exclusion Areas or GEAs are defined at § 660.70. * * * * * Weighted gear means any fishing gear that is combined with an object intended to make the bait, lure or hook sink (e.g. lead or steel sinkers). ■ 6. Amend § 660.12 by: ■ a. Redesignating paragraph (a)(19) as (20); ■ b. Adding new paragraph (a)(19); and ■ c. Adding new paragraph (a)(21). The additions read as follows: § 660.12 General groundfish prohibitions. * * * * * (a) * * * (19) Fish for, take and retain, possess (except for the purpose of continuous transiting) or land any species of groundfish with groundfish non-trawl bottom contact gear (defined at § 660.11) in the following EFHCAs: Arago Reef West, Bandon High Spot East, Garibaldi Reef North, Garibaldi Reef South, and Nehalem Bank East. * * * * * (21) Fish for, take and retain, possess (except for the purpose of continuous transiting) or land any species of groundfish in a Block Area Closure enacted under subparts C through F of this part. * * * * * ■ 7. Amend § 660.13 by redesignating paragraphs (d)(4)(iv)(A)(30) through (37) as d)(4)(iv)(A)(34) through (41) and adding new paragraphs (d)(4)(iv)(A)(30) through (33) to read as follows: § 660.13 Recordkeeping and reporting. lotter on DSK11XQN23PROD with PROPOSALS1 * * * * * (d) * * * (4) * * * (iv) * * * (A) * * * (30) Limited entry fixed gear nonbottom contact stationary vertical jig gear (allowed inside or outside the nontrawl RCA) (declaration code 12); VerDate Sep<11>2014 17:02 Aug 29, 2023 Jkt 259001 (31) Limited entry fixed gear nonbottom contact groundfish troll gear (allowed inside or outside the nontrawl RCA) (declaration code 13); (32) Limited entry groundfish nontrawl, shorebased IFQ, non-bottom contact stationary vertical jig gear (allowed inside or outside the nontrawl RCA) (declaration code 14); (33) Limited entry groundfish nontrawl, shorebased IFQ, non-bottom contact groundfish troll gear (allowed inside or outside the nontrawl RCA) (declaration code 15); * * * * * ■ 8. Amend § 660.14 by: ■ a. Revising paragraph (d)(4) introductory paragraph, and paragraphs (d)(4)(iii) through (vii); and ■ b. Adding paragraphs (d)(4)(viii) through (ix). The revisions and additions read as follows: § 660.14 Vessel Monitoring System (VMS) Requirements. * * * * * (d) * * * (4) VMS exemptions. A vessel that is required to operate and maintain the mobile transceiver unit continuously 24 hours a day throughout the fishing year may be exempted from this requirement if a valid exemption report, as described at paragraph (d)(4)(ix) of this section, is received by NMFS OLE and the vessel is in compliance with all conditions and requirements of the VMS exemption identified in this section and specified in the exemption report. * * * * * (iii) Permit exemption. If the limited entry permit had a change in vessel registration so that it is no longer registered to the vessel (for the purposes of this section, this includes permits placed into ‘‘unidentified’’ status), the vessel may be exempted from VMS requirements providing the vessel is not used in a fishery requiring VMS off the States of Washington, Oregon or California (0–200 nm offshore) for the remainder of the fishing year. If the vessel is used to fish in this area for any species of fish at any time during the remaining portion of the fishing year without being registered to a limited entry permit, the vessel is required to have and use VMS. (iv) Long-term departure exemption. A vessel participating in the open access fishery that is required to have VMS under paragraph (b)(2) of this section may be exempted from VMS provisions after the end of the fishing year in which it used non-groundfish trawl gear, providing the vessel submits a completed exemption report signed by the vessel owner that includes a PO 00000 Frm 00034 Fmt 4702 Sfmt 4702 statement signed by the vessel owner indicating that the vessel will not use non-groundfish trawl gear to fish in the EEZ during the new fishing year/A vessel participating in the open access fishery that is required to have VMS under paragraph (b)(3) of this section also may be exempted from VMS provisions after the end of the fishing year in which it fished in the open access fishery, providing the vessel submits a completed exemption report signed by the vessel owner that includes a statement signed by the vessel owner indicating that the vessel will not be used to take and retain or possess groundfish in the EEZ or land groundfish taken in the EEZ during the new fishing year. (v) Maintenance Exemption. When it is anticipated that a vessel will be without power or in a maintenance condition for more than 4 consecutive hours, preventing operation of the vessel’s VMS unit, and if a valid exemption report has been received by NMFS OLE, electrical power to the VMS mobile transceiver unit may be removed and transmissions may be discontinued. Under this exemption, VMS transmissions can be discontinued from the time the vessel is in the maintenance condition until the time the maintenance is completed. (vi) Sale of Vessel Exemption. When a new vessel owner purchases a vessel with VMS and does not intend to participate in an activity requiring VMS, but the previous vessel owner had not received a VMS exemption prior to the sale, VMS transmissions may be discontinued by the new vessel owner. Under this exemption, VMS transmissions can be discontinued indefinitely, upon purchase of the vessel, and no subsequent VMS transmissions will be required unless the new vessel owner engages in an activity requiring VMS. (vii) Emergency exemption. Vessels required to have VMS under paragraph (b) of this section may be exempted from VMS provisions in emergency situations that are beyond the vessel owner’s control, including but not limited to: Fire, flooding, or extensive physical damage to critical areas of the vessel. A vessel owner may apply for an emergency exemption from the VMS requirements specified in paragraph (b) of this section for his/her vessel by sending a written request to NMFS OLE specifying the following information: The reasons for seeking an exemption, including any supporting documents (e.g., repair invoices, photographs showing damage to the vessel, insurance claim forms, etc.); the time period for which the exemption is requested; and E:\FR\FM\30AUP1.SGM 30AUP1 lotter on DSK11XQN23PROD with PROPOSALS1 Federal Register / Vol. 88, No. 167 / Wednesday, August 30, 2023 / Proposed Rules the location of the vessel while the exemption is in effect. NMFS OLE will issue a written determination granting or denying the emergency exemption request. A vessel will not be covered by the emergency exemption until NMFS OLE issues a determination granting the exemption. If an exemption is granted, the duration of the exemption will be specified in the NMFS OLE determination. (viii) Submission of exemption reports. Signed long-term departure exemption reports must be submitted by fax or by emailing an electronic copy of the actual report. In the event of an emergency in which an emergency exemption request will be submitted, initial contact with NMFS OLE must be made by telephone, fax or email within 24 hours from when the incident occurred. Emergency exemption requests must be requested in writing within 72 hours from when the incident occurred. Maintenance exemption requests must include signed written documentation of the work being done and the name of the company doing the work, if applicable. Sale of Vessel exemption requests must include documentation of purchase of the vessel by the new owner. Other exemption reports must be submitted through the VMS or another method that is approved by NMFS OLE and announced in the Federal Register. Submission methods for exemption requests, except maintenance, sale of vessel, long-term departures and emergency exemption requests, may include email, facsimile, or telephone. NMFS OLE will provide, through appropriate media, instructions to the public on submitting exemption reports. Instructions and other information needed to make exemption reports may be mailed to the vessel owner’s address of record. NMFS will bear no responsibility if a notification is sent to the address of record for the vessel owner and is not received because the vessel owner’s actual address has changed without notification to NMFS. Owners of vessels required to use VMS who do not receive instructions by mail are responsible for contacting NMFS OLE during business hours at least 3 days before the exemption is required to be submitted to obtain information needed to make exemption reports. NMFS OLE must be contacted during business hours (Monday through Friday between 0800 and 1700 Pacific Time). (ix) Valid exemption reports. For an exemption report to be valid, it must be received by NMFS at least 2 hours and not more than 24 hours before the exempted activities defined at paragraphs (d)(4)(i) through (vi) of this VerDate Sep<11>2014 17:02 Aug 29, 2023 Jkt 259001 section occur. An exemption report is valid until NMFS receives a report canceling the exemption. An exemption cancellation must be received at least 2 hours before the vessel re-enters the EEZ following an outside areas exemption; at least 2 hours before the vessel is placed back in the water following a haul out exemption; at least 2 hours before the vessel operates following a maintenance exemption; at least 2 hours before the vessel resumes fishing for a species of fish or with gear requiring VMS in state or Federal waters off the States of Washington, Oregon, or California after it has received a permit exemption; or at least 2 hours before a vessel resumes fishing in the open access fishery after a long-term departure exemption. If a vessel is required to submit an activation report under paragraph (d)(2)(i) of this section before returning to fish, that report may substitute for the exemption cancellation. Initial contact must be made with NMFS OLE not more than 24 hours after the time that an emergency situation occurred in which VMS transmissions were disrupted and followed by a written emergency exemption request within 72 hours from when the incident occurred. If the emergency situation upon which an emergency exemption is based is resolved before the exemption expires, an exemption cancellation must be received by NMFS at least 2 hours before the vessel resumes fishing. * * * * * ■ 9. Amend § 660.60 by revising paragraphs (c)(3)(i)(C) and (h)(7)(ii)(A) to read as follows: § 660.60 Specifications and management measures. * * * * * (c) * * * (3) * * * (i) * * * (C) Block Area Closures. BACs, as defined at § 660.11, may be closed or reopened, in the EEZ off Washington, Oregon and California, for vessels taking and retaining groundfish using any gear (trawl or non-trawl) in the EEZ consistent with the purposes described in this paragraph (c)(3)(i). * * * * * (h) * * * (7) * * * (ii) * * * (A) Fishing in limited entry and open access fisheries with different trip limits. Open access trip limits apply to any fishing conducted with open access gear, even if the vessel has a valid limited entry permit with an endorsement for another type of gear. A vessel that fishes in both the open access and limited entry fisheries is not PO 00000 Frm 00035 Fmt 4702 Sfmt 4702 59847 entitled to two separate trip limits for the same species. If a vessel has a limited entry permit registered to it at any time during the trip limit period and uses open access gear, but the open access limit is smaller than the limited entry limit, the open access limit may not be exceeded and counts toward the limited entry allocation as established under the biennial groundfish harvest specifications. If a vessel has a limited entry permit registered to it at any time during the trip limit period and uses open access gear, but the open access limit is larger than the limited entry limit, the smaller limited entry limit applies, even if taken entirely with open access gear. These provisions do not apply to: (1) IFQ species (defined at § 660.140(c)) for vessels that are declared into the Shorebased IFQ Program (see § 660.13(d)(4)(iv)(A)) for valid Shorebased IFQ Program declarations). (2) Vessels with a valid limited entry permit endorsed for longline and/or pot gear fishing inside the nontrawl RCA with stationary vertical jig gear or groundfish troll gear as defined at § 660.320(b)(6). Vessels fishing with one of these two approved hook-and-line gear configurations may fish up to the limited entry fixed gear trip limits in Table 2 (North) and Table 2 (South) of subpart E, either inside or outside the nontrawl RCA. This provision only applies on fishing trips where the vessel made the appropriate declaration (specified at § 660.13(d)(4)(iv)(A)). * * * * * ■ 10. Amend § 660.70 by revising paragraphs (g) through (q) and adding paragraphs (r) through (v) to read as follows: § 660.70 Groundfish Conservation areas. * * * * * (g) Tillamook YRCA. The Tillamook YRCA is an area off northern Oregon intended to protect yelloweye rockfish. The Tillamook YRCA is defined by straight lines connecting the following specific latitude and longitude coordinates in the order listed: (1) 45°40.96′ N lat.; 124°27.52′ W long.; (2) 45°40.96′ N lat.; 124°19.99′ W long.; (3) 45°34.44′ N lat.; 124°14.48′ W long.; (4) 45°31.93′ N lat.; 124°14.05′ W long.; (5) 45°32.93′ N lat.; 124°22.54′ W long.; (6) 45°36.95′ N lat.; 124°24.45′ W long.; E:\FR\FM\30AUP1.SGM 30AUP1 lotter on DSK11XQN23PROD with PROPOSALS1 59848 Federal Register / Vol. 88, No. 167 / Wednesday, August 30, 2023 / Proposed Rules (7) 45°38.89′ N lat.; 124°25.92′ W long.; and connecting back to 45°40.96′ N lat.; 124°27.52′ W long. (h) Newport YRCA. The Newport YRCA is an area off central Oregon intended to protect yelloweye rockfish. The Newport YRCA is defined by straight lines connecting the following specific latitude and longitude coordinates in the order listed: (1) 44°46.00′ N lat.; 124°32.57′ W long.; (2) 44°46.00′ N lat.; 124°32.00′ W long.; (3) 44°42.00′ N lat.; 124°30.00′ W long.; (4) 44°39.00′ N lat.; 124°30.00′ W long.; (5) 44°39.00′ N lat.; 124°34.00′ W long.; (6) 44°43.16′ N lat.; 124°34.00′ W long.; (7) 44°44.54′ N lat.; 124°33.58′ W long.; and connecting back to 44°46.00′ N lat.; 124°32.57′ W long. (i) Stonewall Bank Yelloweye Rockfish Conservation Area. The Stonewall Bank YRCA is an area off central Oregon, near Stonewall Bank, intended to protect yelloweye rockfish. The Stonewall Bank YRCA is defined by straight lines connecting the following specific latitude and longitude coordinates in the order listed: (1) 44°37.46′ N lat.; 124°24.92′ W long.; (2) 44°37.46′ N lat.; 124°23.63′ W long.; (3) 44°28.71′ N lat.; 124°21.80′ W long.; (4) 44°28.71′ N lat.; 124°24.10′ W long.; (5) 44°31.42′ N lat.; 124°25.47′ W long.; and connecting back to 44°37.46′ N lat.; 124°24.92′ W long. (j) Stonewall Bank Yelloweye Rockfish Conservation Area, Expansion 1. The Stonewall Bank Yelloweye Rockfish Conservation Area (YRCA) Expansion 1 is an area off central Oregon, near Stonewall Bank, intended to protect yelloweye rockfish. The Stonewall Bank YRCA Expansion 1 is defined by straight lines connecting the following specific latitude and longitude coordinates in the order listed: (1) 44°41.76′ N lat.; 124°30.02′ W long.; (2) 44°41.73′ N lat.; 124°21.60′ W long.; (3) 44°25.25′ N lat.; 124°16.94′ W long.; (4) 44°25.29′ N lat.; 124°30.14′ W long.; (5) 44°41.76′ N lat.; 124°30.02′ W long.; and connecting back to 44°41.76′ N lat.; 124°30.02′ W long. (k) Stonewall Bank Yelloweye Rockfish Conservation Area, Expansion VerDate Sep<11>2014 17:02 Aug 29, 2023 Jkt 259001 2. The Stonewall Bank Yelloweye Rockfish Conservation Area (YRCA) Expansion 2 is an area off central Oregon, near Stonewall Bank, intended to protect yelloweye rockfish. The Stonewall Bank YRCA Expansion 2 is defined by straight lines connecting the following specific latitude and longitude coordinates in the order listed: (1) 44°38.54′ N lat.; 124°27.41′ W long.; (2) 44°38.54′ N lat.; 124°23.86′ W long.; (3) 44°27.13′ N lat.; 124°21.50′ W long.; (4) 44°27.13′ N lat.; 124°26.89′ W long.; (5) 44°31.30′ N lat.; 124°28.35′ W long.; and connecting back to 44°38.54′ N lat.; 124°27.41′ W long. (l) Florence YRCA. The Florence YRCA is an area off central Oregon intended to protect yelloweye rockfish. The Florence YRCA is defined by straight lines connecting the following specific latitude and longitude coordinates in order listed: (1) 44°30.04′ N lat.; 124°42.31′ W long.; (2) 44°30.19′ N lat.; 124°40.46′ W long.; (3) 44°25.00′ N lat.; 124°37.00′ W long.; (4) 44°25.00′ N lat.; 124°45.00′ W long.; (5) 44°26.71′ N lat.; 124°45.00′ W long.; and connecting back to 44°30.04′ N lat.; 124°42.31′ W long. (m) Heceta Bank YRCA. The Heceta Bank YRCA is an area off central Oregon intended to protect yelloweye rockfish. The Heceta Bank YRCA is defined by straight lines connecting the following specific latitude and longitude coordinates in order listed: (1) 44°16.28′ N lat., 124°47.86′ W long.; (2) 44°15.38′ N lat., 124°49.86′ W long.; (3) 44°14.49′ N lat., 124°51.82′ W long.; (4) 44°14.01′ N lat., 124°52.88′ W long.; (5) 44°13.47′ N lat., 124°54.08′ W long.; (6) 44°12.72′ N lat., 124°54.07′ W long.; (7) 44°11.53′ N lat., 124°54.06′ W long.; (8) 44°08.72′ N lat., 124°54.02′ W long.; (9) 44°06.68′ N lat., 124°54.00′ W long.; (10) 44°05.34′ N lat., 124°53.10′ W long.; (11) 44°02.88′ N lat., 124°53.96′ W long.; (12) 44°02.18′ N lat., 124°54.29′ W long.; PO 00000 Frm 00036 Fmt 4702 Sfmt 4702 (13) 44°00.14′ N lat., 124°55.25′ W long.; (14) 43°58.36′ N lat., 124°55.42′ W long.; (15) 43°57.68′ N lat., 124°55.48′ W long.; (16) 43°56.66′ N lat., 124°55.45′ W long.; (17) 43°56.65′ N lat., 124°55.49′ W long.; (18) 43°56.64′ N lat., 124°56.53′ W long.; (19) 43°56.74′ N lat., 124°56.74′ W long.; (20) 43°59.18′ N lat., 124°56.94′ W long.; (21) 44°00.45′ N lat., 124°56.35′ W long.; (22) 44°02.34′ N lat., 124°55.49′ W long.; (23) 44°04.81′ N lat., 124°55.65′ W long.; (24) 44°06.45′ N lat., 124°55.78′ W long.; (25) 44°08.47′ N lat., 124°55.93′ W long.; (26) 44°09.85′ N lat., 124°56.04′ W long.; (27) 44°11.34′ N lat., 124°56.16′ W long.; (28) 44°12.92′ N lat., 124°56.28′ W long.; (29) 44°14.06′ N lat., 124°55.10′ W long.; (30) 44°15.32′ N lat., 124°53.79′ W long.; (31) 44°16.90′ N lat., 124°52.16′ W long.; (32) 44°16.96′ N lat., 124°52.11′ W long.; (33) 44°16.96′ N lat., 124°51.95′ W long.; (34) 44°17.02′ N lat., 124°48.02′ W long.; (35) 44°17.02′ N lat., 124°47.47′ W long.; and connecting back to 44°16.28′ N lat., 124°47.86′ W long. (n) Point St. George YRCA. The Point St. George YRCA is an area off the northern California coast, northwest of Point St. George, intended to protect yelloweye rockfish. The Point St. George YRCA is defined by straight lines connecting the following specific latitude and longitude coordinates in the order listed: (1) 41°51.00′ N lat., 124°23.75′ W long.; (2) 41°51.00′ N lat., 124°20.75′ W long.; (3) 41°48.00′ N lat., 124°20.75′ W long.; (4) 41°48.00′ N lat., 124°23.75′ W long.; and connecting back to 41°51.00′ N lat., 124°23.75′ W long. (o) South Reef YRCA. The South Reef YRCA is an area off the northern California coast, southwest of Crescent City, intended to protect yelloweye E:\FR\FM\30AUP1.SGM 30AUP1 lotter on DSK11XQN23PROD with PROPOSALS1 Federal Register / Vol. 88, No. 167 / Wednesday, August 30, 2023 / Proposed Rules rockfish. The South Reef YRCA is defined by straight lines connecting the following specific latitude and longitude coordinates in the order listed: (1) 41°42.20′ N lat., 124°16.00′ W long.; (2) 41°42.20′ N lat., 124°13.80′ W long.; (3) 41°40.50′ N lat., 124°13.80′ W long.; (4) 41°40.50′ N lat., 124°16.00′ W long.; and connecting back to 41°42.20′ N lat., 124°16.00′ W long. (p) Reading Rock YRCA. The Reading Rock YRCA is an area off the northern California coast, between Crescent City and Eureka, intended to protect yelloweye rockfish. The Reading Rock YRCA is defined by straight lines connecting the following specific latitude and longitude coordinates in the order listed: (1) 41°21.50′ N lat., 124°12.00′ W long.; (2) 41°21.50′ N lat., 124°10.00′ W long.; (3) 41°20.00′ N lat., 124°10.00′ W long.; (4) 41°20.00′ N lat., 124°12.00′ W long.; and connecting back to 41°21.50′ N lat., 124°12.00′ W long. (q) Point Delgada YRCAs. The Point Delgada YRCAs are two areas off the northern California coast, south of Point Delgada and Shelter Cove, intended to protect yelloweye rockfish. The Northern Point Delgada YRCA is defined by straight lines connecting the following specific latitude and longitude coordinates in the order listed: (1) 39°59.00′ N lat., 124°05.00′ W long.; (2) 39°59.00′ N lat., 124°03.00′ W long.; (3) 39°57.00′ N lat., 124°03.00′ W long.; (4) 39°57.00′ N lat., 124°05.00′ W long.; and connecting back to 39°59.00′ N lat., 124°05.00′ W long. (r) Southern Point Delgada YRCA. The Southern Point Delgada YRCA is defined by straight lines connecting the following specific latitude and longitude coordinates in the order listed: (1) 39°57.00′ N lat., 124°05.00′ W long.; (2) 39°57.00′ N lat., 124°02.00′ W long.; (3) 39°54.00′ N lat., 124°02.00′ W long.; (4) 39°54.00′ N lat., 124°05.00′ W long.; and connecting back to 39°57.00′ N lat., 124°05.00′ W long. (s) Cowcod Conservation Areas. The Cowcod Conservation Areas (CCAs) are two areas off the southern California coast intended to protect cowcod. VerDate Sep<11>2014 17:02 Aug 29, 2023 Jkt 259001 (1) Western CCA. The Western CCA is an area south of Point Conception defined by the straight lines connecting the following specific latitude and longitude coordinates in the order listed and connecting back to 33°50.00′ N lat., 119°30.00′ W long.: (i) 33°50.00′ N lat., 119°30.00′ W long.; (ii) 33°50.00′ N lat., 118°50.00′ W long.; (iii) 32°20.00′ N lat., 118°50.00′ W long.; (iv) 32°20.00′ N lat., 119°37.00′ W long.; (v) 33°00.00′ N lat., 119°37.00′ W long.; (vi) 33°00.00′ N lat., 119°53.00′ W long.; (vii) 33°33.00′ N lat., 119°53.00′ W long.; and (viii) 33°33.00′ N lat., 119°30.00′ W long. (2) Transit corridor. The Western CCA transit corridor is bounded on the north by the latitude line at 33°00.50′ N lat., and bounded on the south by the latitude line at 32°59.50′ N lat. (3) Eastern CCA. The Eastern CCA is an area west of San Diego defined by the straight lines connecting the following specific latitude and longitude coordinates in the order listed and connecting back to 32°42.00′ N lat., 118°02.00′ W long.: (i) 32°42.00′ N lat., 118°02.00′ W long.; (ii) 32°42.00′ N lat., 117°50.00′ W long.; (iii) 32°36.70′ N lat., 117°50.00′ W long.; (iv) 32°30.00′ N lat., 117°53.50′ W long.; and (v) 32°30.00′ N lat., 118°02.00′ W long. (t) Groundfish Exclusion Areas. The Groundfish Exclusion Areas (GEAs) are eight areas south of Point Conception intended to protect sensitive areas, including areas with coral and sea pens. (1) Hidden Reef. The Hidden Reef GEA is defined by the straight lines connecting the following specific latitude and longitude coordinates in the order listed and connecting back to 33°46.14′ N lat., 119°10.45′ W long.: (i) 33°46.14′ N lat., 119°10.45′ W long.; (ii) 33°46.14′ N lat., 119°05.96′ W long.; (iii) 33°41.40′ N lat., 119°05.96′ W long.; and (iv) 33°41.40′ N lat., 119°10.45′ W long. (2) West of Santa Barbara Island. The West of Santa Barbara Island GEA is defined by the straight lines connecting the following specific latitude and longitude coordinates in the order listed PO 00000 Frm 00037 Fmt 4702 Sfmt 4702 59849 and connecting back to 33°33.64′ N lat., 119°18.54′ W long.: (i) 33°33.64′ N lat., 119°18.54′ W long.; (ii) 33°33.64′ N lat., 119°07.57′ W long.; (iii) 33°27.90′ N lat., 119°07.57′ W long; and (iv) 33°27.90′ N lat., 119°18.54′ W long. (3) Potato Bank. The Potato Bank GEA is defined by the straight lines connecting the following specific latitude and longitude coordinates in the order listed and connecting back to 33°21.00′ N lat., 119°52.10′ W long.: (i) 33°21.00′ N lat., 119°52.10′ W long.; (ii) 33°21.00′ N lat., 119°45.67′ W long.; (iii) 33°10.10′ N lat., 119°45.67′ W long.; and (iv) 33°10.10′ N lat., 119°52.10′ W long. (4) 107/118 Bank. The 107/118 Bank GEA is defined by the straight lines connecting the following specific latitude and longitude coordinates in the order listed and connecting back to 33°05.51′ N lat., 119°41.29′ W long.: (i) 33°05.51′ N lat., 119°41.29′ W long.; (ii) 33°08.64′ N lat., 119°36.71′ W long.; (iii) 33°03.50′ N lat., 119°31.69′ W long.; and (iv) 33°00.36′ N lat., 119°36.27′ W long. (5) Cherry Bank. The Cherry Bank GEA is defined by the straight lines connecting the following specific latitude and longitude coordinates in the order listed and connecting back to 32°50.86′ N lat., 119°29.40′ W long.: (i) 32°50.86′ N lat., 119°29.40′ W long.; (ii) 32°56.96′ N lat., 119°19.82′ W long.; (iii) 32°54.69′ N lat., 119°17.78′ W long.; and (iv) 32°48.59′ N lat., 119°27.35′ W long. (6) Seamount 109. The Seamount 109 GEA is defined by the straight lines connecting the following specific latitude and longitude coordinates in the order listed and connecting back to 32°43.75′ N lat., 119°37.00′ W long.: (i) 32°43.75′ N lat., 119°37.00′ W long.; (ii) 32°43.75′ N lat., 119°34.29′ W long.; (iii) 32°31.95′ N lat., 119°26.94′ W long.; (iv) 32°30.47′ N lat., 119°29.71′ W long.; and (v) 32°39.54′ N lat., 119°37.00′ W long. (7) 43-Fathom Spot. The 43-Fathom Spot GEA is defined by the straight lines E:\FR\FM\30AUP1.SGM 30AUP1 lotter on DSK11XQN23PROD with PROPOSALS1 59850 Federal Register / Vol. 88, No. 167 / Wednesday, August 30, 2023 / Proposed Rules connecting the following specific latitude and longitude coordinates in the order listed and connecting back to 32°42.00′ N lat., 118°00.05′ W long.: (i) 32°42.00′ N lat., 118°00.05′ W long.; (ii) 32°42.00′ N lat., 117°50.00′ W long.; (iii) 32°36.70′ N lat., 117°50.00′ W long.; (iv) 32°36.18′ N lat., 117°50.23′ W long.; and (v) 32°36.18′ N lat., 118°00.05′ W long. (8) Northeast Bank. The Northeast Bank GEA is defined by the straight lines connecting the following specific latitude and longitude coordinates in the order listed and connecting back to 32°27.39′ N lat., 119°37.00′ W long.: (i) 32°27.39′ N lat., 119°37.00′ W long.; (ii) 32°27.39′ N lat., 119°31.60′ W long.; (iii) 32°19.91′ N lat., 119°31.60′ W long.; and (iv) 32°19.91′ N lat., 119°37.00′ W long. (u) Farallon Islands. The Farallon Islands, off San Francisco and San Mateo Counties, include Southeast Farallon Island, Middle Farallon Island, North Farallon Island and Noon Day Rock. Generally, the State of California prohibits fishing for groundfish between the shoreline and the 10–fm (18–m) depth contour around the Farallon Islands. (v) Cordell Bank. Cordell Bank is located offshore of California’s Marin County. Generally, fishing for groundfish is prohibited within Cordell Bank as defined by specific latitude and longitude coordinates. The Cordell Bank closed area is defined by straight lines connecting the following specific latitude and longitude coordinates in the order listed: ■ 11. Amend § 660.72 by: ■ a. Redesignating paragraphs (j) through (m) as (r) through (u); ■ b. Redesignating paragraphs (f) through (i) as (j) through (m); ■ c. Adding new paragraphs (f) through (i); ■ d. Adding paragraphs (n) through (q); ■ e. Revising newly redesignated paragraphs (r)(139) through (142) and (186); ■ f. Adding new paragraphs (v) through (y). The revisions and additions read as follows: § 660.72 Latitude/longitude coordinates defining the 50 fm (91 m) through 75 fm (137 m) depth contours. * * * * * (f) The 50 fm (91 m) depth contour around Santa Barbara Island off the state VerDate Sep<11>2014 17:02 Aug 29, 2023 Jkt 259001 of California is defined by straight lines connecting all of the following points in the order stated: (1) 33°31.77′ N lat., 119°3.41′ W long.; (2) 33°29.66′ N lat., 119°5.86′ W long.; (3) 33°26.94′ N lat., 119°2.95′ W long.; (4) 33°27.08′ N lat., 119°0.51′ W long.; (5) 33°28.82′ N lat., 118°59.42′ W long.; (6) 33°30.67′ N lat., 119°0.88′ W long.; and (7) 33°31.77′ N lat., 119°3.41′ W long. (g) The 50 fm (91 m) depth contour around Tanner Bank off the state of California is defined by straight lines connecting all of the following points in the order stated: (1) 32°45.53′ N lat., 119°13.28′ W long.; (2) 32°43.98′ N lat., 119°15.05′ W long.; (3) 32°38.45′ N lat., 119°4.92′ W long.; (4) 32°41.44′ N lat., 119°3.71′ W long.; (5) 32°45.02′ N lat., 119°11.08′ W long.; and (6) 32°45.53′ N lat., 119°13.28′ W long. (h) The 50 fm (91 m) depth contour around San Nicholas Island off the state of California is defined by straight lines connecting all of the following points in the order stated: (1) 33°22.14′ N lat., 119°42.12′ W long.; (2) 33°17.68′ N lat., 119°43.24′ W long.; (3) 33°15.29′ N lat., 119°39.32′ W long.; (4) 33°11.98′ N lat., 119°29.64′ W long.; (5) 33°11.6′ N lat., 119°27.26′ W long.; (6) 33°12.99′ N lat., 119°16.36′ W long.; (7) 33°14.43′ N lat., 119°17.42′ W long.; (8) 33°17.2′ N lat., 119°23.16′ W long.; (9) 33°20.73′ N lat., 119°27.33′ W long.; and (10) 33°22.14′ N lat., 119°42.12′ W long. (i) The 50 fm (91 m) depth contour around Cortes Bank off the state of California is defined by straight lines connecting all of the following points in the order stated: (1) 32°35.89′ N lat., 119°18.39′ W long.; (2) 32°31.93′ N lat., 119°20.54′ W long.; (3) 32°29.47′ N lat., 119°14.81′ W long.; (4) 32°28.14′ N lat., 119°14.94′ W long.; (5) 32°24.37′ N lat., 119°3.69′ W long.; (6) 32°24.5′ N lat., 119°0.52′ W long.; (7) 32°26.04′ N lat., 119°0.46′ W long.; and (8) 32°35.89′ N lat., 119°18.39′ W long. * * * * * PO 00000 Frm 00038 Fmt 4702 Sfmt 4702 (n) The 60 fm (110 m) depth contour around Santa Barbara Island off the state of California is defined by straight lines connecting all of the following points in the order stated: (1) 33°32.34′ N lat., 119°3.85′ W long.; (2) 33°28.79′ N lat., 119°6.76′ W long.; (3) 33°26.46′ N lat., 119°3.12′ W long.; (4) 33°27.08′ N lat., 119°0.37′ W long.; (5) 33°28.86′ N lat., 118°59.31′ W long.; (6) 33°30.82′ N lat., 119°0.97′ W long.; and (7) 33°32.34′ N lat., 119°3.85′ W long. (o) The 60 fm (91 m) depth contour around Tanner Bank off the state of California is defined by straight lines connecting all of the following points in the order stated: (1) 32°45.65′ N lat., 119°13.29′ W long.; (2) 32°44.21′ N lat., 119°15.68′ W long.; (3) 32°37.4′ N lat., 119°4.89′ W long.; (4) 32°41.42′ N lat., 119°3.32′ W long.; (5) 32°45.66′ N lat., 119°12.1′ W long.; and (6) 32°45.65′ N lat., 119°13.29′ W long. (p) The 60 fm (110 m) depth contour around San Nicholas Island off the state of California is defined by straight lines connecting all of the following points in the order stated: (1) 33°26.41′ N lat., 119°39.84′ W long.; (2) 33°22.94′ N lat., 119°47.34′ W long.; (3) 33°16.39′ N lat., 119°42.64′ W long.; (4) 33°11.86′ N lat., 119°29.61′ W long.; (5) 33°11.52′ N lat., 119°27.25′ W long.; (6) 33°12.97′ N lat., 119°16.3′ W long.; (7) 33°14.48′ N lat., 119°17.42′ W long.; (8) 33°17.23′ N lat., 119°23.14′ W long.; (9) 33°21.21′ N lat., 119°27.84′ W long.; (10) 33°22.65′ N lat., 119°34.31′ W long.; and (11) 33°26.41′ N lat., 119°39.84′ W long. (q) The 60 fm (110 m) depth contour around Cortes Bank off the state of California is defined by straight lines connecting all of the following points in the order stated: (1) 32°36.79′ N lat., 119°18.81′ W long.; (2) 32°31.94′ N lat., 119°20.75′ W long.; (3) 32°29.5′ N lat., 119°15′ W long.; (4) 32°27.95′ N lat., 119°15.12′ W long.; (5) 32°24.03′ N lat., 119°3.72′ W long.; (6) 32°24.46′ N lat., 118°59.56′ W long.; E:\FR\FM\30AUP1.SGM 30AUP1 lotter on DSK11XQN23PROD with PROPOSALS1 Federal Register / Vol. 88, No. 167 / Wednesday, August 30, 2023 / Proposed Rules (7) 32°25.42′ N lat., 118°59.42′ W long.; (8) 32°27.41′ N lat., 119°1.99′ W long.; and (9) 32°36.79′ N lat., 119°18.81′ W long. (r) * * * (139) 38°04.16′ N lat., 123°19.05′ W long.; (140) 38°03.18′ N lat., 123°20.77′ W long.; (141) 38°00.00′ N lat., 123°23.08′ W long.; (142) 37°55.07′ N lat., 123°26.81′ W long.; * * * * * (186) 36°10.28′ N lat., 121°43.06′ W long.; * * * * * (v) The 75 fm (137 m) depth contour around Santa Barbara Island off the state of California is defined by straight lines connecting all of the following points in the order stated: (1) 33°33.58′ N lat., 119°4.84′ W long.; (2) 33°33.2′ N lat., 119°5.37′ W long.; (3) 33°31.75′ N lat., 119°4.61′ W long.; (4) 33°28.67′ N lat., 119°7.06′ W long.; (5) 33°26.38′ N lat., 119°3.24′ W long.; (6) 33°27.08′ N lat., 119°0.26′ W long.; (7) 33°28.85′ N lat., 118°59.21′ W long.; (8) 33°30.85′ N lat., 119°0.94′ W long.; (9) 33°31.91′ N lat., 119°2.98′ W long.; and (10) 33°33.58′ N lat., 119°4.84′ W long. (w) The 75 fm (137 m) depth contour around Tanner Bank off the state of California is defined by straight lines connecting all of the following points in the order stated: (1) 32°45.66′ N lat., 119°14.45′ W long.; (2) 32°44.19′ N lat., 119°15.9′ W long.; (3) 32°37.02′ N lat., 119°4.65′ W long.; (4) 32°41.45′ N lat., 119°3.14′ W long.; (5) 32°45.77′ N lat., 119°11.93′ W long.; and (6) 32°45.66′ N lat., 119°14.45′ W long. (x) The 75 fm (137 m) depth contour around San Nicholas Island off the state of California is defined by straight lines connecting all of the following points in the order stated: (1) 33°30.94′ N lat., 119°45.06′ W long.; (2) 33°28.59′ N lat., 119°52.02′ W long.; (3) 33°16.05′ N lat., 119°43.86′ W long.; (4) 33°15.2′ N lat., 119°39.36′ W long.; (5) 33°11.71′ N lat., 119°29.48′ W long.; (6) 33°11.39′ N lat., 119°26.58′ W long.; (7) 33°12.96′ N lat., 119°16.23′ W long.; VerDate Sep<11>2014 17:02 Aug 29, 2023 Jkt 259001 (8) 33°14.52′ N lat., 119°17.42′ W long.; (9) 33°17.24′ N lat., 119°23.09′ W long.; (10) 33°21.24′ N lat., 119°27.83′ W long.; (11) 33°22.71′ N lat., 119°33.54′ W long.; and (12) 33°30.94′ N lat., 119°45.06′ W long. (y) The 75 fm (137 m) depth contour around Cortes Bank off the state of California is defined by straight lines connecting all of the following points in the order stated: (1) 32°37.38′ N lat., 119°19.45′ W long.; (2) 32°31.9′ N lat., 119°20.9′ W long.; (3) 32°29.52′ N lat.; 119°15.94′ W long.; (4) 32°29.64′ N lat.; 119°15.4′ W long.; (5) 32°29.24′ N lat.; 119°15.09′ W long.; (6) 32°27.82′ N lat., 119°15.3′ W long.; (7) 32°23.85′ N lat., 119°3.95′ W long.; (8) 32°24.53′ N lat., 118°58.2′ W long.; (9) 32°27.1′ N lat., 119°1.2′ W long.; and (10) 32°37.38′ N lat., 119°19.45′ W long. * * * * * ■ 12. Amend § 660.73 by: ■ a. Redesignating paragraphs (i) through (m) as (p) through (t); ■ b. Redesignating paragraphs (e) through (h) as (i) through (l); ■ c. Adding new paragraphs (e) through (h); ■ d. Adding new paragraphs (m) through (o); and ■ e. Adding new paragraphs (u) through (y). The revisions and additions read as follows: § 660.73 Latitude/longitude coordinates defining the 100 fm (183 m) through 150 fm (274 m) depth contours. * * * * * (e) The 100 fm (183 m) depth contour around Santa Barbara Island off the state of California is defined by straight lines connecting all of the following points in the order stated: (1) 33°33.85′ N lat., 119°4.87′ W long.; (2) 33°33.27′ N lat., 119°5.67′ W long.; (3) 33°31.9′ N lat., 119°5.08′ W long.; (4) 33°28.62′ N lat., 119°7.28′ W long.; (5) 33°27.04′ N lat., 119°5.84′ W long.; (6) 33°26.2′ N lat., 119°3.24′ W long.; (7) 33°27.07′ N lat., 118°59.96′ W long.; (8) 33°28.7′ N lat., 118°58.76′ W long.; (9) 33°31′ N lat., 119°1.02′ W long.; (10) 33°31.99′ N lat., 119°2.86′ W long.; and (11) 33°33.85′ N lat., 119°4.87′ W long. (f) The 100 fm (183 m) depth contour around Tanner Bank off the state of PO 00000 Frm 00039 Fmt 4702 Sfmt 4702 59851 California is defined by straight lines connecting all of the following points in the order stated: (1) 32°45.92′ N lat., 119°14.6′ W long.; (2) 32°44.34′ N lat., 119°16.43′ W long.; (3) 32°36.75′ N lat., 119°4.51′ W long.; (4) 32°41.41′ N lat., 119°2.93′ W long.; (5) 32°45.85′ N lat., 119°10.62′ W long.; and (6) 32°45.92′ N lat., 119°14.6′ W long. (g) The 100 fm (183 m) depth contour around San Nicholas Island off the state of California is defined by straight lines connecting all of the following points in the order stated: (1) 33°31.37′ N lat., 119°44.84′ W long.; (2) 33°28.82′ N lat., 119°52.19′ W long.; (3) 33°25.43′ N lat., 119°51.27′ W long.; (4) 33°18.01′ N lat., 119°47.18′ W long.; (5) 33°15.8′ N lat., 119°43.64′ W long.; (6) 33°14.22′ N lat., 119°37′ W long.; (7) 33°11.56′ N lat., 119°29.58′ W long.; (8) 33°11.28′ N lat., 119°26.54′ W long.; (9) 33°12.94′ N lat., 119°15.86′ W long.; (10) 33°14.48′ N lat., 119°16.97′ W long.; (11) 33°17.33′ N lat., 119°22.93′ W long.; (12) 33°21.28′ N lat., 119°27.66′ W long.; (13) 33°23.38′ N lat., 119°33.29′ W long.; and (14) 33°31.37′ N lat., 119°44.84′ W long. (h) The 100 fm (183 m) depth contour around Cortes Bank off the state of California is defined by straight lines connecting all of the following points in the order stated: (1) 32°37.79′ N lat., 119°19.68′ W long.; (2) 32°36.19′ N lat., 119°21.84′ W long.; (3) 32°33.16′ N lat., 119°21.76′ W long.; (4) 32°30.92′ N lat., 119°20.46′ W long.; (5) 32°29.25′ N lat., 119°15.93′ W long.; (6) 32°29.44′ N lat., 119°15.44′ W long.; (7) 32°29.23′ N lat., 119°15.23′ W long.; (8) 32°27.48′ N lat., 119°15.56′ W long.; (9) 32°23.19′ N lat., 119°3.23′ W long.; (10) 32°22.94′ N lat., 118°57.58′ W long.; (11) 32°24.47′ N lat., 118°57.61′ W long.; (12) 32°27.3′ N lat., 119°1.06′ W long.; and E:\FR\FM\30AUP1.SGM 30AUP1 lotter on DSK11XQN23PROD with PROPOSALS1 59852 Federal Register / Vol. 88, No. 167 / Wednesday, August 30, 2023 / Proposed Rules (13) 32°37.79′ N lat., 119°19.68′ W long. * * * * * (m) The 125 fm (229 m) depth contour around Santa Barbara Island off the state of California is defined by straight lines connecting all of the following points in the order stated: (1) 33°33.96′ N lat., 119°4.88′ W long.; (2) 33°33.28′ N lat., 119°5.88′ W long.; (3) 33°30.98′ N lat., 119°6.32′ W long.; (4) 33°28.52′ N lat., 119°7.7′ W long.; (5) 33°26.93′ N lat., 119°5.94′ W long.; (6) 33°25.96′ N lat., 119°3.34′ W long.; (7) 33°27.01′ N lat., 118°59.73′ W long.; (8) 33°28.68′ N lat., 118°58.43′ W long.; (9) 33°31.2′ N lat., 119°1.09′ W long.; (10) 33°32.04′ N lat., 119°2.77′ W long.; and (11) 33°33.96′ N lat., 119°4.88′ W long. (n) The 125 fm (229 m) depth contour around Tanner Bank and Cortes Bank off the state of California is defined by straight lines connecting all of the following points in the order stated: (1) 32°46.01′ N lat., 119°14.63′ W long.; (2) 32°44.35′ N lat., 119°16.58′ W long.; (3) 32°40.85′ N lat., 119°11.61′ W long.; (4) 32°38.93′ N lat., 119°11.9′ W long.; (5) 32°41.32′ N lat., 119°18.11′ W long.; (6) 32°36.16′ N lat., 119°22.16′ W long.; (7) 32°33.09′ N lat., 119°21.89′ W long.; (8) 32°30.73′ N lat., 119°20.43′ W long.; (9) 32°28.94′ N lat., 119°15.4′ W long.; (10) 32°27.46′ N lat., 119°15.62′ W long.; (11) 32°24.58′ N lat., 119°9.83′ W long.; (12) 32°22.97′ N lat., 119°3′ W long.; (13) 32°22.03′ N lat., 118°56.26′ W long.; (14) 32°24.63′ N lat., 118°57.54′ W long.; (15) 32°34.72′ N lat., 119°10.24′ W long.; (16) 32°37.93′ N lat., 119°7.88′ W long.; (17) 32°36.55′ N lat., 119°4.42′ W long.; (18) 32°41.5′ N lat., 119°2.65′ W long.; (19) 32°45.98′ N lat., 119°10.71′ W long.; and (20) 32°46.01′ N lat., 119°14.63′ W long. (o) The 125 fm (229 m) depth contour around San Nicholas Island off the state of California is defined by straight lines connecting all of the following points in the order stated: VerDate Sep<11>2014 17:02 Aug 29, 2023 Jkt 259001 (1) 33°31.65′ N lat., 119°44.84′ W long.; (2) 33°28.91′ N lat., 119°52.35′ W long.; (3) 33°25.39′ N lat., 119°51.44′ W long.; (4) 33°17.94′ N lat., 119°47.31′ W long.; (5) 33°15.33′ N lat., 119°43.4′ W long.; (6) 33°14.03′ N lat., 119°37.02′ W long.; (7) 33°11.49′ N lat., 119°29.58′ W long.; (8) 33°11.21′ N lat., 119°26.46′ W long.; (9) 33°12.9′ N lat., 119°15.74′ W long.; (10) 33°14.51′ N lat., 119°14.92′ W long.; (11) 33°14.76′ N lat., 119°17.07′ W long.; (12) 33°17.44′ N lat., 119°22.82′ W long.; (13) 33°21.37′ N lat., 119°27.53′ W long.; (14) 33°23.44′ N lat., 119°33.11′ W long.; and (15) 33°31.65′ N lat., 119°44.84′ W long. * * * * * (u) The 150 fm (274 m) depth contour around Santa Barbara Island off the state of California is defined by straight lines connecting all of the following points in the order stated: (1) 33°34.6′ N lat., 119°4.57′ W long.; (2) 33°33.13′ N lat., 119°6.65′ W long.; (3) 33°28.13′ N lat., 119°8.17′ W long.; (4) 33°25.55′ N lat., 119°3.64′ W long.; (5) 33°26.96′ N lat., 118°59.58′ W long.; (6) 33°28.68′ N lat., 118°58.24′ W long.; and (7) 33°34.6′ N lat., 119°4.57′ W long.; (v) The 150 fm (274 m) depth contour around Tanner Bank and Cortes Bank off the state of California is defined by straight lines connecting all of the following points in the order stated: (1) 32°46.12′ N lat., 119°14.73′ W long.; (2) 32°44.37′ N lat., 119°16.82′ W long.; (3) 32°41.02′ N lat., 119°12.01′ W long.; (4) 32°39.28′ N lat., 119°12.18′ W long.; (5) 32°41.46′ N lat., 119°18.28′ W long.; (6) 32°36.17′ N lat., 119°22.31′ W long.; (7) 32°32.97′ N lat., 119°22′ W long.; (8) 32°30.57′ N lat., 119°20.54′ W long.; (9) 32°28.94′ N lat., 119°15.53′ W long.; (10) 32°27.45′ N lat., 119°15.79′ W long.; (11) 32°24.86′ N lat., 119°12.93′ W long.; PO 00000 Frm 00040 Fmt 4702 Sfmt 4702 (12) 32°21.43′ N lat., 118°55.1′ W long.; (13) 32°24.67′ N lat., 118°57.37′ W long.; (14) 32°34.34′ N lat., 119°9.28′ W long.; (15) 32°37.39′ N lat., 119°7.54′ W long.; (16) 32°36.38′ N lat., 119°4.32′ W long.; (17) 32°41.59′ N lat., 119°2.46′ W long.; (18) 32°46.07′ N lat., 119°10.68′ W long.; and (19) 32°46.12′ N lat., 119°14.73′ W long. (w) The 150 fm (274 m) depth contour around San Nicholas Island off the state of California is defined by straight lines connecting all of the following points in the order stated: (1) 33°33.22′ N lat., 119°46.7′ W long.; (2) 33°28.97′ N lat., 119°53.04′ W long.; (3) 33°24.67′ N lat., 119°51.27′ W long.; (4) 33°19.95′ N lat., 119°50.23′ W long.; (5) 33°13.07′ N lat., 119°41.99′ W long.; (6) 33°13.1′ N lat., 119°34.66′ W long.; (7) 33°11.45′ N lat., 119°29.57′ W long.; (8) 33°11.13′ N lat., 119°26.22′ W long.; (9) 33°11.8′ N lat., 119°20.64′ W long.; (10) 33°12.91′ N lat., 119°15.53′ W long.; (11) 33°14.52′ N lat., 119°14.72′ W long.; (12) 33°15.32′ N lat., 119°16.01′ W long.; (13) 33°14.78′ N lat., 119°16.97′ W long.; (14) 33°15.73′ N lat., 119°19.02′ W long.; (15) 33°16.73′ N lat., 119°18.97′ W long.; (16) 33°19.37′ N lat., 119°24.95′ W long.; (17) 33°21.69′ N lat., 119°27.44′ W long.; (18) 33°23.82′ N lat., 119°32.87′ W long.; and (19) 33°33.22′ N lat., 119°46.7′ W long. (x) The 150 fm (274 m) depth contour around Osborn Bank off the state of California is defined by straight lines connecting all of the following points in the order stated: (1) 33°23.53′ N lat., 119°3.73′ W long.; (2) 33°23.57′ N lat., 119°6.66′ W long.; (3) 33°23.12′ N lat., 119°7.25′ W long.; (4) 33°20.51′ N lat., 119°2.15′ W long.; (5) 33°20.58′ N lat., 119°0.48′ W long.; (6) 33°21.32′ N lat., 118°59.89′ W long.; and (7) 33°23.53′ N lat., 119°3.73′ W long. E:\FR\FM\30AUP1.SGM 30AUP1 Federal Register / Vol. 88, No. 167 / Wednesday, August 30, 2023 / Proposed Rules (y) The 150 fm (274 m) depth contour around the Eastern CCA area off the state of California is defined by straight lines connecting all of the following points in the order stated: (1) 32°41.41′ N lat., 117°59.05′ W long.; (2) 32°40.57′ N lat., 118°1.97′ W long.; (3) 32°40.04′ N lat.,118°1.23′ W long.; (4) 32°39.82′ N lat., 118°0.03′ W long.; (5) 32°38.02′ N lat., 117°57.86′ W long.; (6) 32°35.38′ N lat., 117°56.23′ W long.; (7) 32°36.68′ N lat., 117°55.02′ W long.; (8) 32°40.42′ N lat., 117°57.15′ W long.; and (9) 32°41.41′ N lat., 117°59.05′ W long. ■ 13. Amend § 660.78 by: ■ a. Redesignating paragraphs (p) through (r) as paragraphs (s) through (u); ■ b. Redesignating paragraph (o) as paragraph (q); ■ c. Redesignating paragraphs (f) through (n) as paragraphs (g) through (o); ■ d. Adding new paragraph (f); ■ e. Adding new paragraph (p); and ■ f. Adding new paragraph (r). The revisions and additions read as follows: § 660.78 EFHCAs off the Coast of Oregon. lotter on DSK11XQN23PROD with PROPOSALS1 * * * * * (f) Nehalem Bank East. The boundary of the Nehalem Bank East EFHCA is defined by straight lines connecting all of the following points in the order stated and connecting back to 45°47.95′ N lat., 124°31.70′ W long.: (1) 45°47.95′ N lat., 124°31.70′ W long.; (2) 45°52.28′ N lat., 124°38.46′ W long.; (3) 45°56.45′ N lat., 124°38.00′ W long.; (4) 45°58.33′ N lat., 124°38.75′ W long.; (5) 46°00.83′ N lat., 124°36.78′ W long.; (6) 45°59.94′ N lat., 124°34.63′ W long.; (7) 45°58.90′ N lat., 124°33.47′ W long.; (8) 45°54.27′ N lat., 124°30.73′ W long.; (9) 45°53.62 N lat., 124°30.83′ W long.; (10) 45°52.90′ N lat., 124°30.67′ W long.; (11) 45°52.03 N lat., 124°30.60′ W long.; (12) 45°51.75′ N lat., 124°30.85′ W long.; and (13) 45°51.53′ N lat., 124°31.15′ W long. * * * * * VerDate Sep<11>2014 17:02 Aug 29, 2023 Jkt 259001 (p) Arago Reef West. The boundary of the Arago Reef West EFHCA is defined by straight lines connecting all of the following points in the order stated and connecting back to 43°16.24′ N lat., 124°27.66′ W long.: (1) 43°16.24′ N lat., 124°27.66′ W long.; (2) 43°14.23′ N lat., 124°29.28′ W long.; (3) 43°14.03′ N lat., 124°28.31′ W long.; (4) 43°11.92′ N lat., 124°28.26′ W long.; (5) 43°11.02′ N lat., 124°29.11′ W long.; (6) 43°10.13′ N lat., 124°29.15′ W long.; (7) 43°09.26′ N lat., 124°31.03′ W long.; (8) 43°08.60′ N lat., 124°30.98′ W long.; (9) 43°10.22′ N lat., 124°37.82′ W long.; (10) 43°16.91′ N lat., 124°37.50′ W long.; (11) 43°16.51′ N lat., 124°28.97′ W long.; (12) 43°16.88′ N lat., 124°28.16′ W long.; and (13) 43°16.24′ N lat., 124°27.66′ W long. * * * * * (r) Bandon High Spot East. The boundary of the Bandon High Spot East EFHCA is defined by straight lines connecting all of the following points in the order stated and connecting back to 42°57.18′ N lat., 124°46.01′ W long.: (1) 42°57.18′ N lat., 124°46.01′ W long.; (2) 42°56.10′ N lat., 124°47.48′ W long.; (3) 42°56.66′ N lat., 124°48.79′ W long.; (4) 42°55.02′ N lat., 124°50.45′ W long.; (5) 42°55.70′ N lat., 124°52.79′ W long.; (6) 43°03.91′ N lat., 124°50.81 W long.; (7) 43°03.70′ N lat., 124°47.91′ W long.; (8) 43°03.20′ N lat., 124°47.52′ W long.; (9) 43°00.94′ N lat., 124°46.57′ W long.; and (10) 42°57.18′ N lat., 124°46.01′ W long. * * * * * ■ 14. In § 660.79, revise paragraphs (yy) introductory text and (zz) introductory text to read as follows: § 660.79 EHFCAs off the Coast of California. * * * * * (yy) Potato Bank. The boundary of the Potato Bank EFHCA is defined by PO 00000 Frm 00041 Fmt 4702 Sfmt 4702 59853 straight lines connecting all of the following points in the order stated and connecting back to 33°11.00′ N lat., 119°55.67′ W long.: * * * * * (zz) Cherry Bank. The Cherry Bank EFH Conservation Area is defined by straight lines connecting all of the following points in the order stated and connecting back to 32°59.00′ N lat., 119°32.05′ W long.: * * * * * Subpart D [Amended] 15. In subpart D of part 660, revise all references to ‘‘Cordell Banks’’ to read ‘‘Cordell Bank’’. ■ Subpart E [Amended] 16. In subpart E of part 660, revise all references to ‘‘Cordell Banks’’ to read ‘‘Cordell Bank’’. ■ 17. In § 660.212, add paragraph (c)(3) to read as follows: ■ § 660.212 Fixed gear fishery—prohibitions. * * * * * (c) * * * (3) Fish inside the nontrawl RCA with any gear type other than those specified at § 660.230(b)(6). In addition, a vessel may not carry more than one gear type as specified at § 660.230(b)(6) on board while declared to fish inside the nontrawl RCA (see § 660.13(d)(4)(iv)(A) for valid declarations for use inside the nontrawl RCA). * * * * * ■ 18. Amend § 660.230 by: ■ a. Revising paragraph (a); ■ b. Adding paragraph (b)(6); ■ c. Revising paragraphs (d)(5) through (13); and ■ d. Adding new paragraphs (d)(14) through (17). The additions and revisions read as follows: § 660.230 Fixed gear fishery— management measures. (a) General. Most species taken in limited entry fixed gear (longline and pot/trap) fisheries will be managed with cumulative trip limits (see trip limits in Tables 2 (North) and 2 (South) of this subpart), size limits (see § 660.60(h)(5)), seasons (see trip limits in Tables 2 (North) and 2 (South) of this subpart and sablefish primary season details in § 660.231), gear restrictions (see paragraph (b) of this section), and closed areas (see paragraph (d) of this section and §§ 660.70 through 660.79). Cowcod retention is prohibited in all fisheries, and groundfish vessels operating south of Point Conception must adhere to GEA restrictions (see paragraph (d)(17) of this section and § 660.70). Yelloweye E:\FR\FM\30AUP1.SGM 30AUP1 lotter on DSK11XQN23PROD with PROPOSALS1 59854 Federal Register / Vol. 88, No. 167 / Wednesday, August 30, 2023 / Proposed Rules rockfish retention is prohibited in the limited entry fixed gear fisheries. Regulations governing tier limits for the limited entry, fixed gear sablefish primary season north of 36° N lat. are found in § 660.231. Vessels not participating in the sablefish primary season are subject to daily or weekly sablefish limits in addition to cumulative limits for each cumulative limit period. Only one sablefish landing per week may be made in excess of the daily trip limit and, if the vessel chooses to make a landing in excess of that daily trip limit, then that is the only sablefish landing permitted for that week. The trip limit for black rockfish caught with hook-and-line gear also applies, see § 660.230(e). The trip limits in Table 2 (North) and Table 2 (South) of this subpart apply to vessels participating in the limited entry groundfish fixed gear fishery and may not be exceeded. (b) * * * (6) Gear for use in the Nontrawl RCA. Inside the nontrawl RCA, only legal non-bottom contact hook-and-line gear configurations may be used for target fishing for groundfish by vessels that participate in the limited entry fixed gear sector as defined at § 660.11. On a fishing trip where any fishing will occur inside the nontrawl RCA, only one type of legal non-bottom contact gear may be carried on board, and no other fishing gear of any type may be carried on board or stowed during that trip. The vessel may fish inside and outside the nontrawl RCA on the same fishing trip, provided a valid declaration report as required at § 660.13(d) has been filed with NMFS OLE. Legal non-bottom contact hook-and-line gear means stationary vertical jig gear not anchored to the bottom and groundfish troll gear, subject to the specifications in paragraphs (b)(6)(i) and (ii) of this section. (i) Stationary vertical jig gear. The following requirements apply to stationary vertical jig gear: (A) Must be a minimum of 30 feet between the bottom weight and the lowest fishing hook; (B) No more than 4 vertical mainlines attached to or fished from the vessel (e.g., rod and reel) may be used in the water at one time with no more than 25 hooks on each mainline; (C) No more than 100 hooks may be in the water at one time, with no more than 25 extra hooks on board the vessel. (ii) Groundfish troll gear. The following requirements apply to groundfish troll gear: (A) Must be a minimum of 50 feet between the bottom weight and the troll wire’s connection to the horizontal mainline; VerDate Sep<11>2014 17:02 Aug 29, 2023 Jkt 259001 (B) No more than one mainline attached to or fished form the vessel may be used in the water at one time; (C) No more than 500 hooks may be in the water at one time, with no more than 25 extra hooks on board the vessel; (D) Hooks must be spaced apart by a visible maker (e.g., floats, line wraps, colored line splices), with no more than 25 hooks between each marker and no more than 20 markers on the mainline; and (E) Natural bait or weighted hooks may not be used nor be on board the vessel. Artificial lures and bait are permitted. * * * * * (d) * * * (5) Tillamook YRCA. The latitude and longitude coordinates that define the Tillamook YRCA boundaries are specified at § 660.70, subpart C. Fishing with limited entry fixed gear is prohibited within the Tillamook YRCA on dates when the closure is in effect. It is unlawful to take and retain, possess, or land groundfish taken with limited entry fixed gear within the Tillamook YRCA on dates when the closure is in effect. The closure is not in effect at this time. This closure may be implemented through inseason adjustment. Limited entry fixed gear vessels may transit through the Tillamook YRCA at any time, with or without groundfish on board. (6) Newport YRCA. The latitude and longitude coordinates that define the Newport YRCA boundaries are specified at § 660.70, subpart C. Fishing with limited entry fixed gear is prohibited within the Newport YRCA on dates when the closure is in effect. It is unlawful to take and retain, possess, or land groundfish taken with limited entry fixed gear within the Newport YRCA on dates when the closure is in effect. The closure is not in effect at this time. This closure may be implemented through inseason adjustment. Limited entry fixed gear vessels may transit through the Newport YRCA at any time, with or without groundfish on board. (7) Florence YRCA. The latitude and longitude coordinates that define the Florence YRCA boundaries are specified at § 660.70, subpart C. Fishing with limited entry fixed gear is prohibited within the Florence YRCA on dates when the closure is in effect. It is unlawful to take and retain, possess, or land groundfish taken with limited entry fixed gear within the Florence YRCA on dates when the closure is in effect. The closure is not in effect at this time. This closure may be implemented through inseason adjustment. Limited entry fixed gear vessels may transit PO 00000 Frm 00042 Fmt 4702 Sfmt 4702 through the Florence YRCA at any time, with or without groundfish on board. (8) Heceta Bank YRCA. The latitude and longitude coordinates that define the Heceta Bank YRCA boundaries are specified at § 660.70, subpart C. Fishing with limited entry fixed gear is prohibited within the Heceta Bank YRCA on dates when the closure is in effect. It is unlawful to take and retain, possess, or land groundfish taken with limited entry fixed gear within the Heceta Bank YRCA on dates when the closure is in effect. The closure is currently in effect. This closure may be modified through inseason adjustment. Limited entry fixed gear vessels may transit through the Heceta Bank YRCA at any time, with or without groundfish on board. (9) Point St. George YRCA. The latitude and longitude coordinates of the Point St. George YRCA boundaries are specified at § 660.70, subpart C. Fishing with limited entry fixed gear is prohibited within the Point St. George YRCA, on dates when the closure is in effect. It is unlawful to take and retain, possess, or land groundfish taken with limited entry fixed gear within the Point St. George YRCA, on dates when the closure is in effect. The closure is not in effect at this time. This closure may be imposed through inseason adjustment. Limited entry fixed gear vessels may transit through the Point St. George YRCA, at any time, with or without groundfish on board. (10) South Reef YRCA. The latitude and longitude coordinates of the South Reef YRCA boundaries are specified at § 660.70, subpart C. Fishing with limited entry fixed gear is prohibited within the South Reef YRCA, on dates when the closure is in effect. It is unlawful to take and retain, possess, or land groundfish taken with limited entry fixed gear within the South Reef YRCA, on dates when the closure is in effect. The closure is not in effect at this time. This closure may be imposed through inseason adjustment. Limited entry fixed gear vessels may transit through the South Reef YRCA, at any time, with or without groundfish on board. (11) Reading Rock YRCA. The latitude and longitude coordinates of the Reading Rock YRCA boundaries are specified at § 660.70, subpart C. Fishing with limited entry fixed gear is prohibited within the Reading Rock YRCA, on dates when the closure is in effect. It is unlawful to take and retain, possess, or land groundfish taken with limited entry fixed gear within the Reading Rock YRCA, on dates when the closure is in effect. The closure is not in effect at this time. This closure may be E:\FR\FM\30AUP1.SGM 30AUP1 Federal Register / Vol. 88, No. 167 / Wednesday, August 30, 2023 / Proposed Rules lotter on DSK11XQN23PROD with PROPOSALS1 imposed through inseason adjustment. Limited entry fixed gear vessels may transit through the Reading Rock YRCA, at any time, with or without groundfish on board. (12) Point Delgada (North) YRCA. The latitude and longitude coordinates of the Point Delgada (North) YRCA boundaries are specified at § 660.70, subpart C. Fishing with limited entry fixed gear is prohibited within the Point Delgada (North) YRCA, on dates when the closure is in effect. It is unlawful to take and retain, possess, or land groundfish taken with limited entry fixed gear within the Point Delgada (North) YRCA, on dates when the closure is in effect. The closure is not in effect at this time. This closure may be imposed through inseason adjustment. Limited entry fixed gear vessels may transit through the Point Delgada (North) YRCA, at any time, with or without groundfish on board. (13) Point Delgada (South) YRCA. The latitude and longitude coordinates of the Point Delgada (South) YRCA boundaries are specified at § 660.70, subpart C. Fishing with limited entry fixed gear is prohibited within the Point Delgada (South) YRCA, on dates when the closure is in effect. It is unlawful to take and retain, possess, or land groundfish taken with limited entry fixed gear within the Point Delgada (South) YRCA, on dates when the closure is in effect. The closure is not in effect at this time. This closure may be imposed through inseason adjustment. Limited entry fixed gear vessels may transit through the Point Delgada (South) YRCA, at any time, with or without groundfish on board. (14) Nontrawl Rockfish Conservation Area (RCA). The nontrawl RCA is defined at § 660.11 and with latitude and longitude coordinates, at §§ 660.71 through 660.74, where fishing for groundfish with nontrawl gear is prohibited. Boundaries for the nontrawl RCA throughout the year are provided in the header to Table 2 (North) and VerDate Sep<11>2014 17:02 Aug 29, 2023 Jkt 259001 Table 2 (South) of this subpart and may be modified by NMFS inseason pursuant to § 660.60(c). (i) It is unlawful to operate a vessel with limited entry nontrawl gear in the nontrawl RCA, except for the purpose of continuous transit, or when the use of limited entry nontrawl gear is authorized in this section. It is unlawful to take and retain, possess, or land groundfish taken with limited entry nontrawl gear within the nontrawl RCA, unless otherwise authorized in this section. (ii) Limited entry nontrawl vessels may transit through the nontrawl RCA, with or without groundfish on board, provided all groundfish nontrawl gear is stowed either: Below deck; or if the gear cannot readily be moved, in a secured and covered manner, detached from all lines, so that it is rendered unusable for fishing. (iii) The nontrawl RCA restrictions in this section apply to vessels registered to limited entry fixed gear permits fishing for species other than groundfish with nontrawl gear on trips where groundfish species are retained. Unless otherwise authorized in this section, a vessel may not retain any groundfish taken on a fishing trip for species other than groundfish that occurs within the nontrawl RCA. If a vessel fishes in a non-groundfish fishery in the nontrawl RCA, it may not participate in any fishing for groundfish on that trip that is prohibited within the nontrawl RCA. [For example, if a vessel fishes in the salmon troll fishery within the RCA, the vessel cannot on the same trip fish in the sablefish fishery outside of the RCA.] (iv) It is lawful to fish within the nontrawl RCA with limited entry fixed gear using hook and line gear only when trip limits authorize such fishing, and provided a valid declaration report as required at § 660.13(d), subpart C, has been filed with NMFS OLE. (v) It is lawful to fish within the nontrawl RCA under the limited entry fixed gear trip limits specified in Table PO 00000 Frm 00043 Fmt 4702 Sfmt 4702 59855 2 (North) and Table 2 (South) of this subpart only when using the nonbottom contact hook-and-line gear types described at § 660.230(b)(6), and provided a valid declaration report as required at § 660.13(d), subpart C, has been filed with NMFS OLE. (15) Farallon Islands. Under California law, commercial fishing for all groundfish is prohibited between the shoreline and the 10 fm (18 m) depth contour around the Farallon Islands. An exception to this prohibition is that commercial fishing for ‘‘other flatfish’’ is allowed around the Farallon Islands using hook and line gear only. (See Table 2 (South) of this subpart.) For a definition of the Farallon Islands, see § 660.70, subpart C. (16) Cordell Bank. Commercial fishing for groundfish is prohibited in waters of depths less than 100 fm (183 m) around Cordell Bank, as defined by specific latitude and longitude coordinates at § 660.70, subpart C. An exception to this prohibition is that commercial fishing for ‘‘other flatfish’’ is allowed around Cordell Bank using hook and line gear only. (17) Groundfish exclusion areas (GEAs). The GEAs are closed areas in the Southern California Bight, defined by specific latitude and longitude coordinates (specified at § 660.70) where commercial and recreational fishing for groundfish is prohibited. It is unlawful to fish for, take and retain, possess (except for the purpose of continuous transit) or land groundfish within the GEAs. All fishing gear for targeting groundfish must be stowed while transiting through a GEA. If fishing for non-groundfish species within a GEA, then no groundfish may be on board the vessel. * * * * * ■ 19. In § 660 Subpart E, revise Table 2 North and Table 2 South to read as follows: Section 660 Subpart E Table 2 North and Table 2 South E:\FR\FM\30AUP1.SGM 30AUP1 VerDate Sep<11>2014 Federal Register / Vol. 88, No. 167 / Wednesday, August 30, 2023 / Proposed Rules 17:02 Aug 29, 2023 Jkt 259001 PO 00000 Frm 00044 Fmt 4702 Sfmt 4725 E:\FR\FM\30AUP1.SGM 30AUP1 EP30AU23.001</GPH> lotter on DSK11XQN23PROD with PROPOSALS1 59856 Subpart F [Amended] § 660.31 2 Open access fishery— prohibitions. 20. In subpart F of part 660, revise all references to ‘‘Cordell Banks’’ to read ‘‘Cordell Bank’’. ■ 21. In § 660.312, revise paragraph (d)(7) and add paragraph (d)(8) to read as follows: * lotter on DSK11XQN23PROD with PROPOSALS1 ■ VerDate Sep<11>2014 17:02 Aug 29, 2023 Jkt 259001 * * * * (d) * * * (7) Fish with bottom trawl gear (defined at § 660.11), other than demersal seine, unless otherwise specified in this section or § 660.330, within the EEZ in the following EFHCAs (defined at § 660.79): Brush Patch, Trinidad Canyon, Mad River PO 00000 Frm 00045 Fmt 4702 Sfmt 4702 59857 Rough Patch, Samoa Deepwater, Eel River Canyon, Blunts Reef, Mendocino Ridge, Delgada Canyon, Tolo Bank, Navarro Canyon, Point Arena North, Point Arena South Biogenic Area, the Football, Gobbler’s Knob, Point Reyes Reef, Cordell Bank/Biogenic Area, Rittenburg Bank, Farallon Islands/Fanny Shoal/Cochrane Bank, Farallon Escarpment, Half Moon Bay, Pescadero Reef, Pigeon Point Reef, Ascension E:\FR\FM\30AUP1.SGM 30AUP1 EP30AU23.002</GPH> Federal Register / Vol. 88, No. 167 / Wednesday, August 30, 2023 / Proposed Rules 59858 Federal Register / Vol. 88, No. 167 / Wednesday, August 30, 2023 / Proposed Rules Canyonhead, South of Davenport, Monterey Bay/Canyon, West of Sobranes Point, Point Sur Deep, Big Sur Coast/Port San Luis, La Cruz Canyon, West of Piedras Blancas State Marine Conservation Area, East San Lucia Bank, Point Conception, Hidden Reef/Kidney Bank, Catalina Island, Potato Bank, Cherry Bank, Cowcod EFHCA East, and Southern California Bight. (8) Fish inside the nontrawl RCA with any gear type other than those specified at § 660.330(b)(3). In addition, a vessel may not carry more than one gear type as specified at § 660.330(b)(3) on board while declared to fish inside the nontrawl RCA (see §660.13(d)(4)(iv)(A) for valid declarations for use inside the nontrawl RCA). ■ 22. Amend § 660.330 by: ■ a. Revising paragraph (a); ■ b. Revising paragraph (b)(3) introductory text; ■ c. Revising paragraph (b)(3)(i)(A) and (B); ■ d. Removing paragraph (b)(3)(i)(D); ■ e. Revising paragraph (b)(3)(ii)(B); ■ f. Revising paragraphs (d)(5) through (15); and ■ g. Adding new paragraphs (d)(16) through (19). The revisions and additions read as follows: lotter on DSK11XQN23PROD with PROPOSALS1 § 660.330 Open access fishery— management measures. (a) General. Groundfish species taken in open access fisheries will be managed with cumulative trip limits (see trip limits in Tables 3 (North) and 3 (South) of this subpart), size limits (see § 660.60(h)(5)), seasons (see seasons in Tables 3 (North) and 3 (South) of this subpart), gear restrictions (see paragraph (b) of this section), and closed areas (see paragraph (d) of this section and §§ 660.70 through 660.79). Unless otherwise specified, a vessel operating in the open access fishery is subject to, and must not exceed any trip limit, frequency limit, and/or size limit for the open access fishery. Cowcod retention is prohibited in all fisheries, and groundfish vessels operating south of Point Conception must adhere to GEA restrictions (see paragraph (d)(15) of this section and § 660.70). Retention of yelloweye rockfish is prohibited in all open access fisheries. For information on the open access daily/weekly trip limit fishery for sablefish, see § 660.332 of this subpart and the trip limits in Tables 3 (North) and 3 (South) of this subpart. Open access vessels are subject to daily or weekly sablefish limits in addition to cumulative limits for each cumulative limit period. Only one sablefish landing per week may be made in excess of the daily trip limit and, if VerDate Sep<11>2014 17:02 Aug 29, 2023 Jkt 259001 the vessel chooses to make a landing in excess of that daily trip limit, then that is the only sablefish landing permitted for that week. The trip limit for black rockfish caught with hook-and-line gear also applies (see paragraph (e) of this section). Open access vessels that fish with non-groundfish trawl gear or in the salmon troll fishery north of 40°10′ N lat. are subject the cumulative limits and closed areas (except the pink shrimp fishery which is not subject to RCA restrictions) listed in Tables 3 (North) and 3 (South) of this subpart. (b) * * * (3) Gear for use inside the Nontrawl RCA. Inside the nontrawl RCA, only legal non-bottom contact hook-and-line gear configurations may be used for target fishing for groundfish by vessels that participate in the open access sector as defined at § 660.11. On a fishing trip where any fishing will occur inside the nontrawl RCA, only one type of legal non-bottom contact gear may be carried on board, and no other fishing gear of any type may be carried on board or stowed during that trip. The vessel may fish inside and outside the nontrawl RCA on the same fishing trip, provided a valid declaration report as required at § 660.13(d) has been filed with NMFS OLE. Legal non-bottom contact hookand-line gear means stationary vertical jig gear not anchored to the bottom and groundfish troll gear, subject to the specifications in paragraphs (b)(6)(i) and (ii) of this section. (i) * * * (A) Must be a minimum of 30 feet between the bottom weight and the lowest fishing hook; (B) No more than 4 vertical mainlines attached to or fished from the vessel (e.g., rod & reel) may be used in the water at one time with no more than 25 hooks on each mainline; * * * * * (ii) * * * (B) No more than one mainline attached to or fished from the vessel may be used in the water at one time; * * * * * (d) * * * (5) Tillamook YRCA. The latitude and longitude coordinates of the Tillamook YRCA boundaries are specified at § 660.70, subpart C. Fishing with open access gear is prohibited within the Tillamook YRCA, on dates when the closure is in effect. It is unlawful to take and retain, possess, or land groundfish taken with open access gear within the Tillamook YRCA, on dates when the closure is in effect. The closure is not in effect at this time. This closure may be imposed through inseason adjustment. Open access vessels may transit through PO 00000 Frm 00046 Fmt 4702 Sfmt 4702 the Tillamook YRCA, at any time, with or without groundfish on board. (6) Newport YRCA. The latitude and longitude coordinates of the Newport YRCA boundaries are specified at § 660.70, subpart C. Fishing with open access gear is prohibited within the Newport YRCA, on dates when the closure is in effect. It is unlawful to take and retain, possess, or land groundfish taken with open access gear within the Newport YRCA, on dates when the closure is in effect. The closure is not in effect at this time. This closure may be imposed through inseason adjustment. Open access vessels may transit through the Newport YRCA, at any time, with or without groundfish on board. (7) Florence YRCA. The latitude and longitude coordinates of the Florence YRCA boundaries are specified at § 660.70, subpart C. Fishing with open access gear is prohibited within the Florence YRCA, on dates when the closure is in effect. It is unlawful to take and retain, possess, or land groundfish taken with open access gear within the Florence YRCA, on dates when the closure is in effect. The closure is not in effect at this time. This closure may be imposed through inseason adjustment. Open access vessels may transit through the Florence YRCA, at any time, with or without groundfish on board. (8) Heceta Bank YRCA. The latitude and longitude coordinates of the Heceta Bank YRCA boundaries are specified at § 660.70, subpart C. Fishing with open access gear is prohibited within the Heceta Bank YRCA, on dates when the closure is in effect. It is unlawful to take and retain, possess, or land groundfish taken with open access gear within the Heceta Bank YRCA, on dates when the closure is in effect. The closure is in effect at this time. This closure may be imposed through inseason adjustment. Open access vessels may transit through the Heceta Bank YRCA, at any time, with or without groundfish on board. (9) Point St. George YRCA. The latitude and longitude coordinates of the Point St. George YRCA boundaries are specified at § 660.70, subpart C. Fishing with open access gear is prohibited within the Point St. George YRCA, on dates when the closure is in effect. It is unlawful to take and retain, possess, or land groundfish taken with open access gear within the Point St. George YRCA, on dates when the closure is in effect. The closure is not in effect at this time. This closure may be imposed through inseason adjustment. Open access vessels may transit through the Point St. George YRCA, at any time, with or without groundfish on board. (10) South Reef YRCA. The latitude and longitude coordinates of the South E:\FR\FM\30AUP1.SGM 30AUP1 lotter on DSK11XQN23PROD with PROPOSALS1 Federal Register / Vol. 88, No. 167 / Wednesday, August 30, 2023 / Proposed Rules Reef YRCA boundaries are specified at § 660.70, subpart C. Fishing with open access gear is prohibited within the South Reef YRCA, on dates when the closure is in effect. It is unlawful to take and retain, possess, or land groundfish taken with open access gear within the South Reef YRCA, on dates when the closure is in effect. The closure is not in effect at this time. This closure may be imposed through inseason adjustment. Open access gear vessels may transit through the South Reef YRCA, at any time, with or without groundfish on board. (11) Reading Rock YRCA. The latitude and longitude coordinates of the Reading Rock YRCA boundaries are specified at § 660.70, subpart C. Fishing with open access gear is prohibited within the Reading Rock YRCA, on dates when the closure is in effect. It is unlawful to take and retain, possess, or land groundfish taken with open access gear within the Reading Rock YRCA, on dates when the closure is in effect. The closure is not in effect at this time. This closure may be imposed through inseason adjustment. Open access gear vessels may transit through the Reading Rock YRCA, at any time, with or without groundfish on board. (12) Point Delgada (North) YRCA. The latitude and longitude coordinates of the Point Delgada (North) YRCA boundaries are specified at § 660.70, subpart C. Fishing with open access gear is prohibited within the Point Delgada (North) YRCA, on dates when the closure is in effect. It is unlawful to take and retain, possess, or land groundfish taken with open access gear within the Point Delgada (North) YRCA, on dates when the closure is in effect. The closure is not in effect at this time. This closure may be imposed through inseason adjustment. Open access gear vessels may transit through the Point Delgada (North) YRCA, at any time, with or without groundfish on board. (13) Point Delgada (South) YRCA. The latitude and longitude coordinates of the Point Delgada (South) YRCA boundaries are specified at § 660.70, subpart C. Fishing with open access gear is prohibited within the Point Delgada (South) YRCA, on dates when the closure is in effect. It is unlawful to take and retain, possess, or land groundfish taken with open access gear within the Point Delgada (South) YRCA, on dates when the closure is in effect. The closure is not in effect at this time. This closure may be imposed through inseason adjustment. Open access gear vessels may transit through the Point Delgada (South) YRCA, at any time, with or without groundfish on board. VerDate Sep<11>2014 17:02 Aug 29, 2023 Jkt 259001 (14) Salmon Troll Yelloweye Rockfish Conservation Area (YRCA). The latitude and longitude coordinates of the Salmon Troll YRCA boundaries are specified in the groundfish regulations at § 660.70, subpart C, and in the salmon regulations at § 660.405. Fishing with salmon troll gear is prohibited within the Salmon Troll YRCA. It is unlawful for commercial salmon troll vessels to take and retain, possess, or land fish taken with salmon troll gear within the Salmon Troll YRCA. Open access vessels may transit through the Salmon Troll YRCA with or without fish on board. (15) Nontrawl rockfish conservation area for the open access fisheries. The nontrawl RCAs are closed areas, defined by specific latitude and longitude coordinates (specified at §§ 660.70 through 660.73, subpart C) designed to approximate specific depth contours, where fishing for groundfish with nontrawl gear is prohibited. Boundaries for the nontrawl RCA throughout the year are provided in the open access trip limit tables, Table 3 (North) and Table 3 (South) of this subpart and may be modified by NMFS inseason pursuant to § 660.60(c). (i) It is unlawful to operate a vessel in the nontrawl RCA that has nontrawl gear onboard and is not registered to a limited entry permit on a trip in which the vessel is used to take and retain or possess groundfish in the EEZ, or land groundfish taken in the EEZ, except for the purpose of continuous transiting, or when the use of nontrawl gear is authorized in part 660. (ii) On any trip on which a groundfish species is taken with nontrawl open access gear and retained, the open access nontrawl vessel may transit through the nontrawl RCA only if all groundfish nontrawl gear is stowed either: Below deck; or if the gear cannot readily be moved, in a secured and covered manner, detached from all lines, so that it is rendered unusable for fishing. (iii) The nontrawl RCA restrictions in this section apply to vessels taking and retaining or possessing groundfish in the EEZ, or landing groundfish taken in the EEZ. Unless otherwise authorized by part 660, a vessel may not retain any groundfish taken on a fishing trip for species other than groundfish that occurs within the nontrawl RCA. If a vessel fishes in a non-groundfish fishery in the nontrawl RCA, it may not participate in any fishing for groundfish on that trip that is prohibited within the nontrawl RCA. [For example, if a vessel fishes in the salmon troll fishery within the RCA, the vessel cannot on the same PO 00000 Frm 00047 Fmt 4702 Sfmt 4702 59859 trip fish in the sablefish fishery outside of the RCA.] (iv) Fishing for ‘‘other flatfish’’ off California (between 42° N lat. south to the U.S./Mexico border) is allowed within the nontrawl RCA with hook and line gear only; and provided a valid declaration report as required at § 660.13(d), has been filed with NMFS OLE. (v) Target fishing for groundfish off Oregon and California (between 46°16′ N lat. and the U.S./Mexico border) is allowed within the nontrawl RCA for vessels participating in the directed open access sector as defined at § 660.11, subject to the gear restrictions at § 660.330(b)(3)(i-ii), and provided a valid declaration report as required at § 660.13(d) has been filed with NMFS OLE. (16) Non-groundfish trawl rockfish conservation areas for the open access non-groundfish trawl fisheries. The nongroundfish trawl RCAs are closed areas, defined by specific latitude and longitude coordinates (specified at §§ 660.70 through 660.74, subpart C) designed to approximate specific depth contours, where fishing for groundfish with nontrawl gear is prohibited. Boundaries for the nontrawl RCA throughout the year are provided in the open access trip limit tables, Table 3 (North) and Table 3 (South) of this subpart and may be modified by NMFS in season pursuant to § 660.60(c). (i) It is unlawful to operate a vessel in the non-groundfish trawl RCA with nongroundfish trawl gear onboard, except for the purpose of continuous transiting, or when the use of trawl gear is authorized in part 660. It is unlawful to take and retain, possess, or land groundfish taken with non-groundfish trawl gear within the nontrawl RCA, unless otherwise authorized in part 660. (ii) Non-groundfish trawl vessels may transit through the non-groundfish trawl RCA, with or without groundfish on board, provided all non-groundfish trawl gear is stowed either: Below deck; or if the gear cannot readily be moved, in a secured and covered manner, detached from all towing lines, so that it is rendered unusable for fishing; or remaining on deck uncovered if the trawl doors are hung from their stanchions and the net is disconnected from the doors. (iii) The non-groundfish trawl RCA restrictions in this section apply to vessels taking and retaining or possessing groundfish in the EEZ, or landing groundfish taken in the EEZ. Unless otherwise authorized by Part 660, it is unlawful for a vessel to retain any groundfish taken on a fishing trip for species other than groundfish that E:\FR\FM\30AUP1.SGM 30AUP1 59860 Federal Register / Vol. 88, No. 167 / Wednesday, August 30, 2023 / Proposed Rules lotter on DSK11XQN23PROD with PROPOSALS1 occurs within the non-groundfish trawl RCA. If a vessel fishes in a nongroundfish fishery in the nongroundfish trawl RCA, it may not participate in any fishing on that trip that is prohibited within the nongroundfish trawl RCA. Nothing in these Federal regulations supersedes any state regulations that may prohibit trawling shoreward of the fishery management area (3–200 nm). (iv) It is lawful to fish with nongroundfish trawl gear within the nongroundfish trawl RCA only under the following conditions: (A) Pink shrimp trawling is permitted in the non-groundfish trawl RCA when a valid declaration report as required at § 660.12(d), subpart C, has been filed with NMFS OLE. Groundfish caught with pink shrimp trawl gear may be retained anywhere in the EEZ and are subject to the limits in Table 3 (North) and Table 3 (South) of this subpart. (B) When the shoreward line of the trawl RCA is shallower than 100 fm (183 m), vessels using ridgeback prawn trawl VerDate Sep<11>2014 17:02 Aug 29, 2023 Jkt 259001 gear south of 34°27.00′ N lat. may operate out to the 100 fm (183 m) boundary line specified at § 660.73, when a valid declaration report as required at § 660.13(d), has been filed with NMFS OLE. Groundfish caught with ridgeback prawn trawl gear are subject to the limits in Table 3 (North) and Table 3 (South) of this subpart. (17) Farallon Islands. Under California law, commercial fishing for all groundfish is prohibited between the shoreline and the 10 fm (18 m) depth contour around the Farallon Islands. An exception to this prohibition is that commercial fishing for ‘‘other flatfish’’ is allowed around the Farallon Islands using hook and line gear only. (See Table 2 (South) of this subpart.) For a definition of the Farallon Islands, see § 660.70, subpart C. (18) Cordell Bank. Commercial fishing for groundfish is prohibited in waters of depths less than 100-fm (183-m) around Cordell Bank, as defined by specific latitude and longitude coordinates at § 660.70, subpart C. An exception to this PO 00000 Frm 00048 Fmt 4702 Sfmt 4702 prohibition is that commercial fishing for ‘‘other flatfish’’ is allowed around Cordell Bank using hook and line gear only. (19) Groundfish exclusion areas (GEAs). The GEAs are closed areas in the Southern California Bight, defined by specific latitude and longitude coordinates (specified at § 660.70) where commercial and recreational fishing for groundfish is prohibited. It is unlawful to fish for, take and retain, possess (except for the purpose of continuous transit) or land groundfish within the GEAs. All fishing gear for targeting groundfish must be stowed while transiting through a GEA. If fishing for non-groundfish species within a GEA, then no groundfish may be on board the vessel. * * * * * ■ 23. In § 660 Subpart E, revise Table 3 North and Table 3 South to read as follows: Section 660 Subpart F Table 3 North and Table 3 South E:\FR\FM\30AUP1.SGM 30AUP1 VerDate Sep<11>2014 17:02 Aug 29, 2023 Jkt 259001 PO 00000 Frm 00049 Fmt 4702 Sfmt 4725 E:\FR\FM\30AUP1.SGM 30AUP1 59861 EP30AU23.003</GPH> lotter on DSK11XQN23PROD with PROPOSALS1 Federal Register / Vol. 88, No. 167 / Wednesday, August 30, 2023 / Proposed Rules VerDate Sep<11>2014 Federal Register / Vol. 88, No. 167 / Wednesday, August 30, 2023 / Proposed Rules 17:02 Aug 29, 2023 Jkt 259001 PO 00000 Frm 00050 Fmt 4702 Sfmt 4725 E:\FR\FM\30AUP1.SGM 30AUP1 EP30AU23.004</GPH> lotter on DSK11XQN23PROD with PROPOSALS1 59862 Federal Register / Vol. 88, No. 167 / Wednesday, August 30, 2023 / Proposed Rules Subpart G [Amended] 24. In subpart G of part 660, revise all references to ‘‘Cordell Banks’’ to read ‘‘Cordell Bank’’. ■ 25. Amend § 660.360 by revising paragraphs (c)(3)(i)(B) and (c)(3)(iv)(A) to read as follows: ■ § 660.360 Recreational fishery— management measures. * * * * (c) * * * (3) * * * (i) * * * (B) Groundfish exclusion areas (GEAs). The GEAs are closed areas in lotter on DSK11XQN23PROD with PROPOSALS1 * VerDate Sep<11>2014 17:02 Aug 29, 2023 Jkt 259001 the Southern California Bight, defined by specific latitude and longitude coordinates (specified at § 660.70) where commercial and recreational fishing for groundfish is prohibited. It is unlawful to fish for, take and retain, possess (except for the purpose of continuous transit) or land groundfish within the GEAs. Recreational fishing gear for targeting groundfish may not be deployed while transiting through a GEA. If fishing for non-groundfish species within a GEA, then no groundfish may be on board the vessel. * * * * * PO 00000 Frm 00051 Fmt 4702 Sfmt 9990 59863 (iv) * * * (A) Seasons. Recreational fishing for ‘‘Other Flatfish,’’ petrale sole, and starry flounder is open from January 1 through December 31. When recreational fishing for ‘‘Other Flatfish,’’ petrale sole, and starry flounder is open, it is permitted both outside and within the recreational RCAs described in paragraph (c)(3)(i) of this section. * * * * * [FR Doc. 2023–18411 Filed 8–29–23; 8:45 am] BILLING CODE 3510–22–P E:\FR\FM\30AUP1.SGM 30AUP1

Agencies

[Federal Register Volume 88, Number 167 (Wednesday, August 30, 2023)]
[Proposed Rules]
[Pages 59838-59863]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-18411]



[[Page 59838]]

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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Parts 300 and 660

[Docket No. 230822-0203]
RIN 0648-BM28


Magnuson-Stevens Act Provisions; Fisheries off West Coast States; 
Pacific Coast Groundfish Fishery; Pacific Coast Groundfish Fishery 
Management Plan; Amendment 32

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

ACTION: Proposed rule; notice of availability of a draft environmental 
assessment; request for comments.

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SUMMARY: This action proposes regulations that would implement 
Amendment 32 to the Pacific Coast Groundfish Fishery Management Plan. 
The proposed regulations include a suite of changes to non-trawl area 
management measures seaward of California and Oregon. Specifically, 
NMFS proposes to: allow increased fishing access with specific gear 
types to the Non-Trawl Rockfish Conservation Area for the commercial 
groundfish limited entry fixed gear sector and vessels that gear switch 
under the Trawl Individual Fishing Quota program; modify gear 
restrictions in the Non-Trawl Rockfish Conservation Area for all non-
trawl commercial groundfish sectors; move the seaward boundary of the 
Non-Trawl Rockfish Conservation Area to 75 fathoms (137 meters) for all 
non-trawl commercial groundfish sectors and the directed commercial 
Pacific halibut fishery; create new Groundfish Conservation Areas, 
including new Yelloweye Rockfish Conservation Areas seaward of Oregon 
and Groundfish Exclusion Areas seaward of Southern California; create 
new Essential Fish Habitat Conservation Areas off Oregon; remove the 
Cowcod Conservation Area seaward of Southern California for all 
groundfish commercial and recreational non-trawl sectors, and enable 
the use of Block Area Closures to control the catch of groundfish for 
all commercial non-trawl sectors. The purpose of Amendment 32 is to 
provide fishing access to healthy groundfish stocks for non-trawl 
groundfish fisheries and the directed commercial halibut fishery while 
still meeting the conservation objectives of the Pacific Coast 
Groundfish Fishery Management Plan. NMFS also announces the 
availability of a draft Environmental Assessment that analyzes the 
potential effects of the associated proposed rule. In addition, this 
action proposes minor administrative regulatory revisions which would 
correct the name of the Cordell Bank Groundfish Conservation Area, 
amend the description of the Cordell Bank Groundfish Conservation Area, 
add new regulatory definitions for different types of fishing bait, and 
add new exemptions to Vessel Monitoring System reporting requirements.

DATES: Comments on this proposed rule and draft Environmental 
Assessment must be received on or before September 29, 2023.

ADDRESSES: You may submit comments on this document, identified by 
NOAA-NMFS-2023-0051, by the following method:
     Electronic Submission: Submit all electronic public 
comments via the Federal e-Rulemaking Portal. Go to https://www.regulations.gov and enter NOAA-NMFS-2023-0051 in the Search box. 
Click on the ``Comment'' icon, complete the required fields, and enter 
or attach your comments.
    Instructions: Comments sent by any other method, to any other 
address or individual, or received after the end of the comment period, 
may not be considered by NMFS. All comments received are a part of the 
public record and will generally be posted for public viewing on 
www.regulations.gov without change. All personal identifying 
information (e.g., name, address, etc.), confidential business 
information, or otherwise sensitive information submitted voluntarily 
by the sender will be publicly accessible. NMFS will accept anonymous 
comments (enter ``N/A'' in the required fields if you wish to remain 
anonymous).

Electronic Access

    Information relevant to Amendment 32, which includes a draft 
Environmental Assessment, a Regulatory Impact Review, a Regulatory 
Flexibility Act analysis and a Magnuson Stevens Fishery Conservation 
and Management Act (Magnuson-Stevens Act) analysis (all referred to 
hereafter as Analysis), are accessible via the internet at the NMFS 
West Coast Region website at: https://www.fisheries.noaa.gov/west-coast/laws-and-policies/west-coast-region-national-environmental-policy-act-documents.

FOR FURTHER INFORMATION CONTACT: Lynn Massey, phone: 562-900-2060, or 
email: [email protected]

SUPPLEMENTARY INFORMATION: The Pacific Coast Groundfish fishery in the 
U.S. exclusive economic zone (EEZ) seaward of Washington, Oregon, and 
California is managed under the Pacific Coast Groundfish Fishery 
Management Plan (FMP). The Pacific Fishery Management Council (Council) 
developed the Pacific Coast Groundfish FMP pursuant to the Magnuson-
Stevens Act, 16 U.S.C. 1801 et seq. The Secretary of Commerce approved 
the Pacific Coast Groundfish FMP and implemented the provisions of the 
plan through federal regulations at 50 CFR part 660, subparts C through 
G. Species managed under the Pacific Coast Groundfish FMP include more 
than 90 species of roundfish, flatfish, rockfish, sharks, and skates.
    This rule would implement regulations for Amendment 32 to the 
Pacific Coast Groundfish FMP (also referred to interchangeably as 
``this action''). Consistent with MSA Section 303(c)(1), the Council 
deemed the proposed regulations consistent with and necessary to 
implement Amendment 32 in a July 21, 2023 letter from Council Chairman 
Merrick Burden to Regional Administrator Jennifer Quan. The Notice of 
Availability for Amendment 32 that published on August 2, 2023 (88 FR 
50830) describes FMP changes in, and requests comments on, Amendment 32
    In addition to proposing changes to the regulations at 50 CFR part 
300 and part 660 to implement Amendment 32, this proposed rule also 
proposes minor, clarifying and administrative revisions to the 
regulations in part660. These administrative changes would correct the 
name of the Cordell Bank Groundfish Conservation Area (Cordell Bank 
GCA), amend the description of the Cordell Bank GCA, add new regulatory 
definitions for different types of fishing bait, and add new exemptions 
to Vessel Monitoring System (VMS) reporting requirements.

Background

    In the early 2000s, several types of groundfish conservation areas 
(GCAs), defined at Sec.  660.11, were implemented (as part of FMP 
Amendment 16-3) to protect overfished groundfish species off the U.S. 
West Coast; this includes the coastwide Non-Trawl Rockfish Conservation 
Area (Non-Trawl RCA) (68 FR 907, January 7, 2003), and the Cowcod 
Conservation Areas (CCAs) (66 FR 2338, January 11, 2001)) in the 
Southern California Bight. With the rebuilt status of almost all of 
these groundfish species (the exception being yelloweye rockfish, which 
is projected to rebuild by 2029), the Council has been prioritizing 
increased fishing access to these areas for groundfish non-trawl 
fisheries (i.e., the directed open

[[Page 59839]]

access sector, the California recreational sector, the limited entry 
fixed gear (LEFG) sector, and vessels that use non-trawl gear under the 
Trawl Individual Fishing Quota (IFQ) Program). In November 2019, the 
Council directed the Groundfish Advisory Subpanel (GAP) to develop the 
scope of action and draft a purpose and need statement for non-trawl 
area management modifications during the GAP's March and April 2020 
meetings. The GAP then submitted an informational report (see 
Informational Report 4 in the June 2020 briefing book at pcouncil.org) 
for Council consideration and scheduling of further scoping of the 
issues. In April 2021, the Council initiated a scoping process to 
address modifying Non-Trawl RCA catch restrictions and boundaries (see 
Agenda Item F.3, Attachment 2 in the April 2021 briefing book at 
pcouncil.org). In November 2021 and April 2022, the Council further 
refined the range of alternatives, which included expanding the action 
to include changes to the CCA (both the Eastern CCA and the Western 
CCA) seaward of California, consideration of new closed areas (i.e., 
Groundfish Exclusion Areas (GEAs) and Yelloweye Rockfish Conservation 
Areas (YRCAs)), and changes to Essential Fish Habitat Conservation 
Areas (EFHCAs) that would be partially exposed to fishing activity 
under the alternatives. The Council selected a preliminary preferred 
range of alternatives at their September 2022 meeting and selected a 
final range of alternatives at their March 2023 meeting. More details 
on how the range of alternatives evolved through this process is 
provided in the Analysis (see ADDRESSES). The Council's resulting final 
preferred alternative constitutes Amendment 32 to the Pacific Coast 
Groundfish FMP. Amendment 32 and its implementing regulations included 
in this proposed rule would provide additional fishing opportunity in 
these closures through a suite of modifications to GCA boundaries, gear 
specifications, and catch restrictions, while continuing to rebuild 
yelloweye rockfish and mitigate fishing impacts to sensitive habitats.

Revisions to Non-Trawl Rockfish Conservation Area Management Measures

Boundary Modifications

    The Non-Trawl RCA is a coastwide, contiguous area bounded by 
specific latitude and longitude coordinates that approximate depth 
contours along the West Coast continental shelf and around select 
islands off Southern California. Non-Trawl RCA boundaries are not 
consistent along the coast; they vary by management area (i.e., the 
shoreward and seaward boundaries are shallower or deeper, depending on 
latitude). The Non-Trawl RCA prohibits almost all commercial non-tribal 
directed groundfish fishing with non-trawl gear, and also applies to 
the non-tribal directed commercial halibut fishery (see 50 CFR 
300.63(e)(1)).
    The seaward boundary of the Non-Trawl RCA approximates the 100 
fathom (fm, 183 meters (m)) depth contour seaward of Oregon and the 100 
(183 m) or 125 fm (229 m) depth contour seaward of California, 
depending on latitude (see Tables 2 North and South of subpart E and 
Tables 3 North and South to subpart F). The implementing regulations 
for Amendment 32 as included in this proposed rule would move the 
seaward boundary of the Non-Trawl RCA in to the depth contour that 
approximates 75 fm (137 m) seaward off both Oregon and California, 
which would open up approximately 2,411 square miles (sq mi, 6,244 
square kilometers (sq km)) to all non-trawl commercial groundfish 
sectors and the non-tribal directed commercial Pacific halibut fishery. 
Adjusting the Non-Trawl RCA boundary for both the commercial non-tribal 
directed groundfish and halibut fisheries would reduce enforcement 
complexity and provide additional fishing opportunity. The Non-Trawl 
RCA boundaries in the Southern California Bight (south of 34[deg]27' N 
lat.) would not change, as the 75-100 fm (137-183 m) depth range is 
already open in this area.

Catch Restriction Modifications

    The final rule for the 2023-24 Groundfish Harvest Specification and 
Management Measures action (87 FR 77007, December 16, 2022) authorized 
the use of two new hook-and-line gear configurations for use inside the 
Non-Trawl RCA by the directed open access sector as defined at Sec.  
660.11. These two new gear configurations included stationary vertical 
jig gear (see Sec.  660.330(b)(3)(i)) and groundfish troll gear (see 
Sec.  660.330(b)(3)(ii)). The implementing regulations for Amendment 32 
as included in this proposed rule would allow vessels participating in 
the LEFG sector and vessels that use non-trawl gear under the Trawl IFQ 
program (i.e., ``IFQ gear switchers'') to fish with these gear types 
under their respective catch limits rather than under open access trip 
limits. In other words, LEFG vessels could fish inside the Non-Trawl 
RCA pursuant to their higher trip limits listed in subpart E Tables 1 
North and South, and IFQ gear switchers could fish inside the Non-Trawl 
RCA under their quota pounds. Vessels would be required to make an 
appropriate declaration (specified at Sec.  660.13(d)) that corresponds 
to their respective sector and the chosen gear type (i.e., either 
stationary vertical jig gear or groundfish troll gear). On a fishing 
trip where any fishing would occur inside the Non-Trawl RCA, only one 
type of non-bottom contact gear would be permitted to be carried on 
board, and no other fishing gear of any type could be carried on board 
or stowed during that trip. The vessel would be allowed to fish inside 
and outside the Non-Trawl RCA on the same fishing trip, provided a 
valid declaration report as required at Sec.  660.13(d) is filed with 
NMFS' Office of Law Enforcement (OLE). Crossover provisions at Sec.  
660.60(h)(7)(ii) would not apply for the two Non-Trawl RCA gear types 
(i.e., stationary vertical jig gear and groundfish troll gear). Access 
to these higher trip limits would increase fishing opportunity and 
provide operational flexibility for these vessels.

Gear Modifications

    The two new hook-and-line gear configurations authorized as part of 
the 2023-24 Groundfish Harvest Specification and Management Measures 
action (87 FR 77007, December 16, 2022) were implemented along with a 
suite of gear specifications intended to minimize yelloweye rockfish 
bycatch and seabird interactions. For the stationary vertical jig gear, 
currently fishermen must have a minimum of 50 feet (15 m) between the 
bottom weight and the lowest fishing hook to ensure that fishing 
activity is occurring off the bottom (see Sec.  660.330(b)(3)(i)(A)). 
In addition, currently only artificial bait is permitted; natural bait 
is prohibited (see Sec.  660.330(b)(3)(i)(D)). The proposed regulations 
for Amendment 32 would modify these gear restrictions to instead allow 
a minimum of 30 feet (9 m) between the bottom weight and the lowest 
fishing hook, and allow the use of natural bait. These changes are 
expected to increase catch of underutilized stocks, while continuing to 
mitigate catch of rebuilding stocks. No changes in gear modifications 
are being proposed for the groundfish troll gear configuration. 
Fishermen must continue to have a minimum of 50 feet (15 m) between the 
bottom weight and the lowest fishing hook, and are still required to 
use artificial bait with groundfish troll gear.

[[Page 59840]]

Revisions to Cowcod Conservation Area Management Measures

    The CCA was implemented in 2001 to reduce the bycatch of overfished 
cowcod (66 FR 2338, January 11, 2001), which was declared rebuilt in 
2019. Within the CCA, which is comprised of the Western and Eastern 
CCAs, groundfish fishing by all commercial and recreational groundfish 
fisheries, including those that use both trawl and non-trawl gear, is 
prohibited. Amendment 32 and its implementing regulations included in 
this proposed rule would remove the CCA restrictions for all groundfish 
non-trawl fisheries, which would open up approximately 4,663 sq mi 
(12,077 sq km) to all non-trawl commercial groundfish sectors. The CCA 
would remain in place for groundfish trawl fisheries, as the scope of 
the Council's action only considered non-trawl sectors. The purpose of 
this change is to provide fishing opportunity in this area given the 
cowcod fishery has been declared rebuilt. Non-trawl fishing is 
currently allowed shoreward of the 40 fm (73 m) lines around the 
islands and banks within the current boundaries of the CCA. With the 
removal of the CCA restrictions, the 40 fm (73 m) restriction would no 
longer be in place (i.e., vessels could operate anywhere in the area, 
subject to pre-existing area closures). Eight new closures would be 
enacted in the former boundaries of the CCAs for non-trawl groundfish 
commercial and recreational fisheries (see the next section on 
Groundfish Exclusion Areas).
    The Council recommended defining new fathom lines around islands 
and banks that reside inside the current CCA. Specifically, the Council 
recommended that coordinates be defined in the regulations for the 50, 
60, 75, 125, and 150 fm (91 m, 110 m, 137 m, 229 m, and 274 m) lines 
around Santa Barbara Island, San Nicolas Island, Cortes Bank, and 
Tanner Bank, and the 150 fm (274 m) line around Osborn Bank and the 
Eastern CCA. The purpose of defining these fathom lines around the 
islands and banks is to provide flexible management tools to restrict 
fishing seaward or shoreward of the new lines as needed, which would 
prevent interactions with certain nearshore species and control catch 
of groundfish. If Amendment 32 is approved and implemented in a final 
rule, these boundaries would be defined in the regulations and would be 
available for use in the future should the Council wish to recommend 
activating depth-based closures. The Council may also recommend 
modifying the status of these closures via an inseason action 
consistent with Sec.  660.60(c) or via a rulemaking action for 
groundfish fisheries management.

New Conservation Areas

Groundfish Exclusion Areas

    Amendment 32 and its implementing regulations included in this 
proposed rule would create a new type of GCA called a GEA, which is 
intended to mitigate the impacts to sensitive environments from certain 
groundfish fishing activity. Specifically, eight GEAs would be 
established in this action: (1) Hidden Reef; (2) West of Santa Barbara 
Island; (3) Potato Bank; (4) 107/118 Bank; (5) Cherry Bank; (6) 
Seamount 109; (7) Northeast Bank; and (8) The 43-Fathom Spot. All of 
these GEAs would be located in the Southern California Bight within the 
area in which non-trawl CCA restrictions would be removed. These GEAs 
would keep approximately 428 square miles (1,100 sq km) closed to non-
trawl fishing effort. The purpose of this change is to create a type of 
GCA that can be used to protect sensitive areas and that can be 
separate and distinct from groundfish essential fish habitat (EFH). 
These GEAs would prohibit all commercial and recreational groundfish 
fishing. Commercial fishing vessels would be allowed to continually 
transit through GEAs provided that all gear is stowed. Recreational 
vessels would be allowed to continually transit through GEAs provided 
that no gear is deployed. Vessels fishing for non-groundfish species, 
including highly migratory species, would be permitted within GEAs, 
provided that no groundfish is on board the vessel.

Yelloweye Rockfish Conservation Areas (YRCAs)

    A YRCA is a type of GCA used to mitigate bycatch of yelloweye 
rockfish in groundfish fisheries. Given that yelloweye rockfish is 
still rebuilding, the Council considered establishing new YRCAs in the 
event that yelloweye rockfish bycatch increases with increased fishing 
access to the Non-Trawl RCA. Amendment 32 would establish four new 
YRCAs seaward of Oregon: (1) Tillamook YRCA; (2) Newport YRCA; (3) 
Florence YRCA; and (4) Heceta Bank YRCA. Within the YRCAs, restrictions 
would apply to both commercial groundfish non-trawl fisheries and the 
non-tribal directed commercial halibut fishery. In recommending 
Amendment 32, the Council proposed that only one of the YCRAs would be 
``active'' at the time of implementation. The other three closures 
would be ``inactive'' until the Council recommends and NMFS implements 
those closures. Thus, in this proposed rule only the Heceta Bank YRCA 
is proposed to be active. The Tillamook, Newport, and Florence YRCAs 
would be defined and established in federal regulations at Sec.  
660.11, but would remain inactive until the Council recommends 
modifying their inactive status and NMFS implements such changes via an 
inseason action consistent with Sec.  660.60(c) or a future rulemaking 
action on groundfish fisheries. NMFS would need to modify the status of 
these YRCAs for the non-tribal directed commercial halibut fishery via 
the rulemaking process, as the current regulations on the non-tribal 
directed halibut fishery do not include a regulatory mechanism for 
modifying closed areas inseason.

Essential Fish Habitat Conservation Areas

    The Magnuson-Stevens Act requires that FMPs describe and identify 
EFH and minimize to the extent practicable adverse effects on EFH 
caused by fishing. The Pacific Coast Groundfish FMP authorizes the use 
of EFHCAs to protect groundfish EFH from specific types of fishing 
activity. Federal regulations at Sec. Sec.  660.75 through 660.79 
provide the coordinates for all current EFHCAs off the U.S. West Coast. 
At present, there are two types of EFHCAs: bottom trawl and bottom 
contact. Both bottom trawl and bottom contact EFHCAs apply to all 
fisheries and are not limited in application to groundfish fisheries. 
Amendment 32 would create a new type of EFHCA that prohibits using non-
trawl bottom contact gear (e.g., pot/longline) for all non-tribal 
groundfish fisheries and the non-tribal directed commercial Pacific 
halibut fishery. The purpose of this new type of EFHCA is to protect 
groundfish EFH that would be newly exposed to non-trawl bottom contact 
gear from moving the seaward boundary of the Non-Trawl RCA to 75 fm 
(137 m) seaward of Oregon. Specifically, this proposed rule would 
establish five new EFHCAs: (1) Nehalem Bank East; (2) Bandon High Spot 
East; (3) Arago Reef West; (4) Garibaldi Reef North; and (5) Garibaldi 
Reef South. All of these new EFHCAs overlap partially or entirely with 
existing bottom trawl EFHCAs (i.e., bottom trawl gear is already 
prohibited in these areas), which is why the specified gear prohibition 
only includes non-trawl bottom contact gear. Taking, retaining, or 
possessing (except for the purpose of continuous transit) groundfish or 
halibut in these new EFCHAs would be prohibited.

[[Page 59841]]

Block Area Closures

    The Pacific Coast Groundfish FMP and its implementing regulations 
currently authorize the use of Block Area Closures (BACs) as a routine 
management measure to control bycatch of groundfish in trawl fisheries. 
BACs are size variable spatial closures in the EEZ bounded by latitude 
lines, defined at Sec.  660.11, with depth contour approximations 
defined at Sec. Sec.  660.71 through 660.74 ((10 fm (18 m) through 250 
fm (457 m)), and Sec.  660.76 (700 fm (1280 m)). Amendment 28 to the 
FMP (84 FR 63966, November 19, 2019) first established BACs as a 
management tool. The salmon bycatch minimization measures final rule 
(86 FR 10857, February 23, 2021) expanded BACs as a tool to minimize 
salmon bycatch. Amendment 32 and its implementing regulations included 
in this proposed rule would expand the use of BACs for groundfish non-
trawl fisheries. The purpose of this change is to create a mechanism to 
control bycatch of groundfish and bycatch of protected or prohibited 
species from non-trawl fisheries given the new flexibilities (e.g., 
newly opened fishing grounds) that would result from the implementation 
of this action. Thus, under this proposed rule, BACs could be 
implemented in the EEZ coastwide. BACs also could be implemented within 
tribal Usual and Accustomed (U&A) fishing areas but would only apply to 
non-tribal vessels.
    This proposed rule would not implement specific individual BACs. 
This proposed rule would allow NMFS to close or reopen BACs preseason 
or inseason. The approach would be consistent with existing routine 
management measures in framework amendments to the FMP that have 
already been implemented and incorporated into the regulations. Most 
trip, bag, and size limits, and some GCA closures in the groundfish 
fishery, including Bycatch Reduction Areas and BACs, have been 
designated routine management measures in the Pacific Coast Groundfish 
FMP and in Sec.  660.60(c). The Council can recommend to NMFS 
implementation or modification of these routine management measures 
through an expedited process involving a single Council meeting. 
Inseason changes are announced in the Federal Register pursuant to the 
requirements of the Administrative Procedure Act. If good cause exists 
under the Administrative Procedure Act to waive notice and comment, a 
single Federal Register notice will announce routine inseason BACs 
implemented by NMFS.
    When deciding whether to recommend BACs for NMFS to implement, 
consistent with the Pacific Coast Groundfish FMP, the Council considers 
environmental impacts, economic impacts, and public comments that are 
received via the Council process. Depending on the circumstances, NMFS 
may close areas for a defined period of time, for example, a few months 
or the remainder of the fishing year, or NMFS may maintain a closure 
for an indefinite period of time, for example, until reopened by a 
subsequent action. NMFS may close one or more BACs and the size of the 
BACs can vary. A Federal Register notice will announce the geographic 
boundaries of one or more BACs, the effective dates, applicable gear/
fishery restrictions, as well as the purpose and rationale. NMFS would 
also disseminate this information on BACs through public notices and by 
posting on the West Coast Region website (see ADDRESSES for electronic 
access information).

Expected Effects of This Action

    The Council prepared a detailed Analysis (see Electronic Access 
section of ADDRESSES) that analyzed the effects of Amendment 32 on 
various resources. A brief summary of expected effects from the 
Analysis is provided below.

Target and Non-Target Species

    The Council and NMFS expect that impacts to target and non-target 
species would be within those described in the 2023-2024 Biennial 
Harvest Specifications and Management Measures Environmental Assessment 
(EA), as this action would not change harvest specifications from those 
implemented in the 2023-2024 harvest specifications action (87 FR 
77007, December 16, 2022). That analysis assumes that full annual catch 
limits (ACLs) are harvested for each stock within the fishery and NMFS 
issued a Finding of No Significant Impact for that action (see page 64 
of 2023-2024 EA, available at: https://www.fisheries.noaa.gov/west-coast/laws-and-policies/west-coast-region-national-environmental-policy-act-documents).

Prohibited Species

    Prohibited species include those species and species groups whose 
retention is prohibited in the Pacific Coast groundfish fishery. 
Prohibited species include any species of salmonid, Pacific halibut, 
Dungeness crab caught seaward of Washington or Oregon, and groundfish 
species or species groups under the Pacific Coast Groundfish FMP for 
which quotas have been achieved and/or the fishery closed (see Sec.  
660.11). The Council and NMFS do not expect significant impacts to 
prohibited species including salmon, Dungeness crab, eulachon, and 
green sturgeon given the limited encounters and mortality associated 
with non-trawl fisheries. Non-trawl gear types have historically had 
little or no mortality of these species, and even with the expansion of 
opportunities for non-trawl fisheries through this action, mortality is 
expected to still be negligible.

Protected Species

    Protected species include species other than prohibited species, 
that are protected under Federal law, including species listed under 
the Endangered Species Act (ESA), marine mammals protected under the 
Marine Mammal Protection Act (MMPA), and bird species protected under 
the Migratory Bird Treaty Act (MBTA). Protected species that may be 
affected by opening portions of the Non-Trawl RCA include humpback 
whales (listed under the ESA and MMPA), leatherback sea turtles (ESA), 
and short-tailed albatross (ESA and MBTA).
    The portion of the Non-Trawl RCA being opened seaward of Oregon and 
California between 75 and 100/125 fm (137 and 183/229 m) overlaps with 
ESA-designated critical habitat for the Mexican distinct population 
segment (DPS) of humpback whales (see Figure 27 of the Analysis). NMFS 
evaluated the effects of the groundfish fishery on ESA-listed humpback 
whales and their critical habitat in the 2020 Biological Opinion for 
the Pacific Coast Groundfish Fishery (WCRO-2018-01378). Under the MMPA, 
the sablefish pot fishery, which is a sector within the LEFG fishery, 
is listed as a Category II fishery, which means there is occasional 
incidental mortality and serious injury of marine mammals. Although 
there would likely be an effort shift from the sablefish pot fishery as 
well as other non-trawl fisheries into the newly opened area, the 
Council and NMFS do not anticipate an overall increase in the number of 
participants in any non-trawl fishery sector. As explained in the 
Analysis, it is the amount of gear in the water rather than the amount 
of area or habitat designation that affects potential entanglement risk 
for whales. This action does not change the overall amount of sablefish 
that can be caught by the fishery, which was analyzed as part of the 
2023-2024 Biennial Harvest Specifications and Management Measures EA 
(available at https://www.fisheries.noaa.gov/west-coast/laws-and-
policies/groundfish-actions-

[[Page 59842]]

nepa-documents). The density of pot gear and other non-trawl gear in 
the EEZ both shoreward and seaward of the Non-Trawl RCA will likely 
lessen, as some vessels will likely shift some of their effort to the 
newly opened depth bin. This will increase the spatial distribution of 
pot gear, but will not change the overall amount of effort nor will it 
concentrate effort in a particular area. In addition, there is no 
evidence to suggest that vessels fishing in 75-100 or 75-125 fm (137-
183 or 137-229 m) would create more potential for whale interactions 
compared to fishing in 100-125 fm (183-229 m) or greater, depths at 
which fishing is already opened. Therefore, NMFS does not anticipate 
impacts to the Mexican DPS or the Central American DPS of humpback 
whales from Amendment 32 beyond those impacts already considered in the 
2020 Biological Opinion.
    The portion of the Non-Trawl RCA being opened seaward of Oregon and 
California between 75 and 100/125 fm (137 and 183/229 m) overlaps with 
ESA-designated critical habitat for leatherback sea turtles (see Figure 
27 of the Analysis). The effects of the groundfish fishery on ESA-
listed leatherback sea turtles was evaluated in the 2012 Biological 
Opinion (NWR-2012-876) for the Pacific Coast Groundfish Fishery. There 
have been no observed takes of leatherback turtles in any groundfish 
fishery from 2015-2019 (Agenda Item G.4.a, NMFS Report 5, June 2021). 
The only observed take in the groundfish fishery was in the Open Access 
pot fishery in 2008. Although there would likely be an effort shift 
from the LEFG sablefish pot fishery as well as other non-trawl 
fisheries into the newly opened area, the Council and NMFS do not 
anticipate an overall increase in the number of participants in any 
non-trawl fishery sector. As explained in the Analysis, it is the 
amount of gear in the water rather than the amount of area or habitat 
designation that affects potential entanglement risk for leatherback 
sea turtles. This action does not change the overall amount of 
sablefish that can be caught by the fishery, which was analyzed as part 
of the 2023-2024 Biennial Harvest Specifications and Management 
Measures EA. The density of pot gear and other non-trawl gear in the 
EEZ both shoreward and seaward of the Non-Trawl RCA will likely lessen, 
as some vessels will likely shift some of their effort to the newly 
opened depth bin. This will increase the spatial distribution of pot 
gear, but will not change the overall amount of effort nor will it 
concentrate effort in a particular area. Therefore, the Council and 
NMFS do not anticipate significant impacts to this species.
    The portion of the Non-Trawl RCA being opened seaward of Oregon and 
California between 75 and 100/125 fm (137 and 183/229 m) could 
potentially increase interactions with ESA-listed short-tailed 
albatross. Longline gear, which is fished in all non-trawl sectors, is 
the primary gear evaluated in the 2017 Biological Opinion (O1EOFWOO-
2017-F-03 16) for the Pacific Coast Groundfish Fishery. All vessels 
over 26 feet (8 m) in length and fishing with longline gear in the area 
North of 36[deg] N lat. (i.e., in the primary area of overlap with 
short-tailed albatross habitat) are subject to existing mitigation 
requirements for seabirds, including night setting and the mandatory 
use of streamer lines (see Seabird Avoidance Program requirements at 
Sec.  660.21). There have been no known takes of short-tailed albatross 
in the groundfish fishery since these required mitigation measures were 
implemented, and the same mitigation measures would still apply in the 
newly opened areas. Therefore, the Council and NMFS do not anticipate 
impacts to this species beyond those considered in the 2017 Biological 
Opinion.

Habitat

    The portion of the Non-Trawl RCA being opened seaward of Oregon and 
California between 75 and 100/125 fm (137 and 183/229 m), as well as 
the area being opened by removing the CCA in Southern California could 
adversely affect bottom habitat that could be newly exposed to bottom 
contact groundfish gear, including pot and longline gear. The majority 
of the area to be opened in the Non-Trawl RCA is soft substrate with 
some areas that include mixed/hard substrate with habitat-forming 
invertebrates (such as corals, basketstars, brittlestars, demosponges, 
gooseneck barnacles, sea anemones, sea lilies, sea urchins, sea whips, 
tube worms, and vase sponges). These mixed/hard areas largely fall 
within currently identified EFHCAs for bottom trawl. As described above 
under the heading, ``New Conservation Areas,'' the Council recommended 
additional protection from groundfish non-trawl bottom contact gear 
(i.e., pot and longline gear) for the portions of bottom trawl EFHCAs 
that would be newly exposed off Oregon. The newly exposed bottom trawl 
EFHCAs seaward of California will be evaluated in the Council's next 
EFH review; this evaluation will include the question of whether to 
also prohibit non-trawl bottom contact gear, which is scheduled to 
begin in 2025. The Council also recommended the eight GEAs in the 
Southern California Bight to protect sensitive environments of concern 
in the area of the current CCA. Therefore, the Council and NMFS do not 
anticipate significant impacts to habitat from this action.

Economic Benefits

    The Council and NMFS anticipate that this action would increase the 
overall economic value of the groundfish and directed commercial 
halibut fisheries by providing access to almost three thousand square 
miles of fishing grounds that have been closed to non-trawl groundfish 
and halibut fishing for over two decades. In addition, relaxed gear and 
catch restrictions would allow for diversified fishing strategies and 
access to higher trip limits/quotas within the remaining Non-Trawl RCA 
boundaries. As detailed in the Analysis, fishing ports with lower 
attainment of sablefish are likely to benefit most from the new 
opportunities; however, ports with high attainment of sablefish could 
potentially also benefit from access to larger, higher value sablefish 
and reduced fuel costs from vessels not having to travel beyond 100 or 
125 fm (183 or 229 m) to access larger sablefish.

Administrative Regulatory Changes

    In addition to the actions recommended by the Council above, NMFS 
is also proposing to make three minor regulatory changes in this final 
rule. These changes, which are necessary to improve clarity of existing 
regulations, are administrative in nature.

Groundfish Conservation Area Nomenclature Corrections

    NMFS proposes to universally correct all instances of ``Cordell 
Banks'' to its correct name of ``Cordell Bank.'' NMFS also proposes to 
modify the description of the Cordell Bank GCA at Sec.  660.70(q) to 
clarify that fishing is not permitted ``within'' its boundaries as 
opposed to ``around'' its boundaries, as currently specified in the 
regulations. The purpose of this change is to clarify the intended 
meaning of these regulations for fishermen and to support enforcement 
efforts, but this change would not constitute a material change to the 
GCA.

Bait Definitions

    NMFS proposes to add regulatory definitions for artificial lure, 
bait (both natural and artificial), and weighted gear under Sec.  
660.11. This rule proposes to allow for the use of natural bait on non-
bottom contact stationary vertical

[[Page 59843]]

jig gear in the Non-Trawl RCA, and to continue to prohibit its use on 
groundfish troll gear in the Non-Trawl RCA. However, natural bait is 
not defined in the regulations. The purpose of adding these definitions 
(which are based on common usage) is to clarify the types of bait that 
are permitted for use within the Non-Trawl RCA. This will aid fishermen 
and support enforcement efforts.

Vessel Monitoring System Exemptions

    Vessels participating in the limited entry groundfish fishery, open 
access vessels using non-groundfish trawl gear (vessels fishing for 
ridgeback prawn, California halibut, and sea cucumber trawl), and any 
vessels that use open access gear targeting groundfish or that have 
groundfish bycatch (salmon troll, prawn trap, Dungeness crab, halibut 
longline, California halibut line gear, and sheephead trap), are 
required to install a NMFS OLE type-approved mobile transceiver unit 
and to arrange for a NMFS OLE type-approved communications service 
provider to receive and relay transmissions to NMFS OLE prior to 
fishing. These units automatically record a vessel's position (i.e., 
the vessel's geographic location in latitude and longitude 
coordinates), and transmit those coordinates to a communications 
service provider.
    Under current regulation, exemptions from the VMS requirement for 
specific reasons are allowed (50 CFR 660.14(d)(4)). VMS users must 
follow the requirements at Sec.  660.14(d)(4)(vi) to submit exemption 
reports. Current exemptions include a haul out exemption, an outside 
areas exemption, a permit exemption, and a long-term departure 
exemption. This proposed rule would create two new exemptions: one for 
maintenance that does not require a haulout, and one for sale of a 
vessel. Like the existing haulout exemption, the new maintenance 
exemption would allow VMS units to temporarily be inoperable and would 
allow transmissions to be discontinued while work is being done on the 
vessel. However, the new maintenance exemption would not be limited to 
maintenance that is conducted while a vessel is hauled out.
    The new exemption for sale of a vessel would be an extension of the 
current long-term departure exemption. This new exemption for sale of a 
vessel is proposed as a response to situations in which new owners 
purchase vessels and discontinue use of VMS units used by the previous 
owners. If the previous owners do not submit a Long-Term Departure 
exemption prior to the sale, the requirement for the VMS units to 
operate continues to exist on the sold vessels, even when the new 
owners do not participate in an activity requiring VMS.
    Both of these proposed new exemptions would create flexibilities in 
the vessel owners' VMS requirements when vessels are not participating 
in an activity requiring VMS. If these new exemptions are not added to 
the regulations, fishermen would continue to be in violation of VMS 
requirements while their vessels undergo long-term maintenance or when 
prior owners of newly purchased vessels did not submit a long-term 
departure exemption prior to selling the vessel.

Classification

    Pursuant to section 304(b)(1)(A) and 305(d) of the Magnuson-Stevens 
Act and Section 5 of the Northern Pacific Halibut Act of 1982 (Halibut 
Act, 16 U.S.C. 773c), the NMFS Assistant Administrator has determined 
that this proposed rule to implement Amendment 32 is consistent with 
the FMP, other provisions of the Magnuson-Stevens Act, and other 
applicable law, subject to further consideration after public comment. 
For rulemaking efficiency, NMFS is also proposing minor administrative 
regulatory changes. These changes include corrections to all references 
to ``Cordell Bank,'' and, in the description of the Cordell Bank GCA at 
Sec.  660.70(q), clarifying that fishing is not permitted ``within'' 
its boundaries as opposed to ``around'' its boundaries; adding new 
regulatory definitions for different types of fishing bait, and adding 
new exemptions to the Vessel Monitoring System reporting requirements.
    This proposed rule has been determined to be not significant for 
purposes of Executive Order 12866.
    There are no relevant federal rules that may duplicate, overlap, or 
conflict with this action.

Certification Under the Regulatory Flexibility Act

    The Chief Counsel for Regulation of the Department of Commerce 
certified to the Chief Counsel for Advocacy of the Small Business 
Administration that this proposed rule, if adopted, would not have a 
significant adverse economic impact on a substantial number of small 
entities.
    For purposes of the Regulatory Flexibility Act (5 U.S.C. 601 et 
seq.) (RFA) 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).
    This proposed rule would directly affect groundfish vessels fishing 
in the directed Open Access, LEFG, IFQ gear switching, and California 
recreational fishery sectors. The proposed rule would also directly 
affect vessels participating in the non-tribal directed commercial 
Pacific halibut fishery. The table below shows the possible ranges and 
average numbers of vessels that participated in these fishery sectors 
from 2019-2022.

 Table 1--Vessel Participation in Affected Groundfish Non-Trawl Sectors,
                                2019-2022
------------------------------------------------------------------------
                                                          Vessels (n)
                       Fishery                       -------------------
                                                        Range    Average
------------------------------------------------------------------------
Open Access.........................................   573-681       614
Limited Entry Fixed Gear............................   113-138       123
IFQ- Gear Switching.................................      9-16        12
Directed Halibut....................................     81-99        88
CA Recreational (CPFV)..............................   178-195        97
------------------------------------------------------------------------

    Of those participants, all open access, directed commercial 
halibut, and commercial passenger fishing vessels (CPFV) are considered 
small entities. In 2022, 197 of the 218 LEFG reported themselves as 
small entities. For those that reported themselves as large entities, 
there were some that owned multiple permits with one entity owning four 
permits, one owning three permits, and three owning two permits. Of the 
9-16 vessels fishing in the IFQ gear switching sector from 2019-2022, 
these vessels used 20 trawl endorsed permits. In 2022, only one of 
those permit owners reported as a large entity. In addition, this 
proposed rule is not expected to place small entities at a significant 
competitive disadvantage to large entities.
    The economic impact of the proposed action would be mostly positive 
for the affected small entities, as Amendment 32 and its proposed 
regulations would expand fishing opportunity (and therefore increase 
potential profitability) for all affected small entities through

[[Page 59844]]

opening of closed areas and relaxing gear/catch restrictions in the 
remaining closed areas. The development of new closed areas (i.e., 
GEAs, YRCAs, and EFHCAs) restricts a smaller overall area in comparison 
to the area being opened for fishing. The development of BACs would 
have a neutral impact on small entities as this action is creating the 
management tool and is not implementing any BAC upon implementation of 
the final rule for this action. In addition, none of the administrative 
regulatory changes would have an economic impact on fishery 
participants.
    For these reasons, NMFS believes that this proposed rule would not 
have a significant adverse economic impact on a substantial number of 
small entities. As a result, an initial regulatory flexibility analysis 
is not required and none has been prepared. Information Collection 
Requirements
    This proposed rule contains a collection-of-information requirement 
subject to review and approval by the Office of Management and Budget 
(OMB) under the Paperwork Reduction Act (PRA). This rule would revise 
the existing requirements under OMB control # 0648-0573, ``VMS and 
Declarations,'' by adding and modifying declaration codes for the 
purpose of monitoring and enforcing the new provisions in the Non-Trawl 
RCA for limited fixed gear vessels and IFQ gear switchers. These new 
declaration codes are not anticipated to alter the number of 
respondents, anticipated responses, burden hours, or burden costs, as 
the affected vessels are already required to declare their fishing 
activities. The new declaration codes would allow NOAA's OLE to track 
those vessels that are declaring to fish inside the Non-Trawl RCA and 
identify what catch limits they should adhere to. Public reporting 
burden for submitting a declaration report is estimated to average 4 
minutes per individual report, including the time for reviewing 
instructions, searching existing data sources, gathering and 
maintaining the data needed, and completing and reviewing the 
collection of information.
    Public comment is sought regarding: whether this proposed 
collection of information is necessary for the proper performance of 
the functions of the agency, including whether the information shall 
have practical utility; the accuracy of the burden estimate; ways to 
enhance the quality, utility, and clarity of the information to be 
collected; and ways to minimize the burden of the collection of 
information, including through the use of automated collection 
techniques or other forms of information technology. Submit comments on 
these or any other aspects of the collection of information at 
www.reginfo.gov/public/do/PRAMain.
    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

50 CFR Part 300

    Fish, Fisheries, Fishing, Fishing vessels.

50 CFR Part 660

    Fisheries, Fishing, Reporting and recordkeeping requirements.

    Dated: August 22, 2023.
Samuel D. Rauch, III,
Deputy Assistant Administrator for Regulatory Programs, National Marine 
Fisheries Service.

    For the reasons set out in the preamble, NMFS proposes to amend 50 
CFR parts 300 and 660 as follows:

PART 300--INTERNATIONAL FISHERIES REGULATIONS

Subpart E--Pacific Halibut Fisheries

0
1. The Authority citation for part 300 continues to read as follows:

    Authority:  16 U.S.C. 773-773k

0
2. Amend Sec.  300.63 by revising paragraph (f) to read as follows:


Sec.  300.63  Catch sharing plan and domestic management measures in 
Area 2A.

* * * * *
    (f) Area 2A Non-Treaty Commercial Fishery Closed Areas.
    (1) Nontrawl Rockfish Conservation Area (RCA). Non-tribal 
commercial vessels operating in the directed commercial fishery for 
halibut in Area 2A are prohibited from fishing within a groundfish 
closed area known as the nontrawl RCA. Nontrawl RCA boundaries are 
defined by specific latitude and longitude coordinates that approximate 
depth contours. Between the U.S./Canada border and 46[deg]16' N lat., 
the shoreward boundary of the nontrawl RCA is the EEZ. Between 
46[deg]16' N lat. and 40[deg]10' N lat., the shoreward boundary of the 
nontrawl RCA is a line approximating the 30-fm (55-m) depth contour, or 
the shoreward boundary of the EEZ, whichever is more seaward. 
Coordinates for the 30-fm (55-m) boundary are listed at 50 CFR 
660.71(e). Between the U.S./Canada border and 46[deg]16' N lat., the 
seaward boundary of the nontrawl RCA is a line approximating the 100-fm 
(183-m) depth contour. Coordinates for the 100-fm (183-m) boundary are 
listed at 50 CFR 660.73(a). Between 46[deg]16' N lat. and 40[deg]10' N 
lat., the seaward boundary of the nontrawl RCA is a line approximating 
the 75-fm (137-m) depth contour. Coordinates for the 75-fm (137-m) 
boundary are listed at 50 CFR 660.72(j).
    (2) North Coast Commercial Yelloweye Rockfish Conservation Area 
(YRCA). YRCAs are defined in the groundfish regulations at 50 CFR 
660.70. Vessels that incidentally catch halibut while fishing in the 
sablefish primary fishery are required to follow area closures and gear 
restrictions defined in the groundfish regulations. It is unlawful to 
take and retain, possess (except for the purpose of continuous transit) 
or land halibut with limited entry longline gear within the North Coast 
Commercial Yelloweye Rockfish Conservation Area. All fishing gear for 
targeting halibut must be stowed while transiting through the North 
Coast Commercial YRCA when the closure is in effect.
    (3) Salmon Troll YRCA. YRCAs are defined in the groundfish 
regulations at 50 CFR 660.70 and in the salmon regulations at 50 CFR 
660.405(c). Non-tribal commercial vessels that incidentally catch 
halibut while fishing in the salmon troll fishery are prohibited from 
fishing within a closed area known as the Salmon Troll YRCA. It is 
unlawful for commercial salmon troll vessels to take and retain, 
possess (except for the purpose of continuous transit) or land halibut 
within the Salmon Troll YRCA. All fishing gear for targeting halibut 
must be stowed while transiting through the Salmon Troll YRCA when the 
closure is in effect.
    (4) Tillamook YRCA. YRCAs are defined in the groundfish regulations 
at 50 CFR 660.70. It is unlawful for non-tribal commercial vessels 
operating in the directed halibut fishery in Area 2A to take and 
retain, possess (except for the purpose of continuous transit) or land 
halibut within the Tillamook YRCA. All fishing gear for targeting 
halibut must be stowed while transiting through the Tillamook YRCA when 
the closure is in effect. The closure is not in effect at this time.
    (5) Newport YRCA. YRCAs are defined in the groundfish regulations 
at 50 CFR 660.70. It is unlawful for non-tribal commercial vessels 
operating in the directed halibut fishery in Area 2A to take and 
retain, or possess (except for the purpose of continuous transit) or 
land halibut within the Newport YRCA. All fishing gear for targeting 
halibut

[[Page 59845]]

must be stowed while transiting through the Newport YRCA when the 
closure is in effect. The closure is not in effect at this time.
    (6) Florence YRCA. YRCAs are defined in the groundfish regulations 
at 50 CFR 660.70. It is unlawful for non-tribal commercial vessels 
operating in the directed halibut fishery in Area 2A to take and 
retain, possess (except for the purpose of continuous transit) or land 
halibut within the Florence YRCA. All fishing gear for targeting 
halibut must be stowed while transiting through the Florence YRCA when 
the closure is in effect. The closure is not in effect at this time.
    (7) Heceta Bank YRCA. YRCAs are defined in the groundfish 
regulations at 50 CFR 660.70. It is unlawful for non-tribal commercial 
vessels operating in the directed halibut fishery in Area 2A to take 
and retain, possess (except for the purpose of continuous transit) or 
land halibut within the Heceta Bank YRCA. All fishing gear for 
targeting halibut must be stowed while transiting through the Heceta 
Bank YRCA when the closure is in effect.
    (8) Nehalem Bank East Essential Fish Habitat Conservation Area 
(EFHCA). EFHCAs are defined in the groundfish regulations at 50 CFR 
660.70. It is unlawful for non-tribal commercial vessels operating in 
the directed halibut fishery in Area 2A to take and retain, possess 
(except for the purpose of continuous transit) or land halibut within 
the Nehalem Bank East EFHCA. All fishing gear for targeting halibut 
must be stowed while transiting through the Nehalem Bank East EFCHA.
    (9) Garibaldi Reef North EFHCA. EFHCAs are defined in the 
groundfish regulations at 50 CFR 660.70. It is unlawful for non-tribal 
commercial vessels operating in the directed halibut fishery in Area 2A 
to take and retain, possess (except for the purpose of continuous 
transit) or land halibut within the Garibaldi Reef North EFHCA. All 
fishing gear for targeting halibut must be stowed while transiting 
through the Garibaldi Reef North EFCHA.
    (10) Garibaldi Reef South EFHCA. EFHCAs are defined in the 
groundfish regulations at 50 CFR 660.70. It is unlawful for non-tribal 
commercial vessels operating in the directed halibut fishery in Area 2A 
to take and retain, possess (except for the purpose of continuous 
transit) or land halibut within the Garibaldi Reef South EFHCA. All 
fishing gear for targeting halibut must be stowed while transiting 
through the Garibaldi Reef South EFCHA.
    (11) Arago Reef West EFHCA. EFHCAs are defined in the groundfish 
regulations at 50 CFR 660.70. It is unlawful for non-tribal commercial 
vessels operating in the directed halibut fishery in Area 2A take and 
retain, possess (except for the purpose of continuous transit) or land 
halibut within the Arago Reef EFHCA. All fishing gear for targeting 
halibut must be stowed while transiting through the Arago Reef West 
EFCHA.
    (12) Bandon High Spot East EFHCA. EFHCAs are defined in the 
groundfish regulations at 50 CFR 660.70. It is unlawful for non-tribal 
commercial vessels operating in the directed halibut fishery in Area 2A 
to take and retain, possess (except for the purpose of continuous 
transit) or land halibut within the Bandon High Spot East EFHCA. All 
fishing gear for targeting halibut must be stowed while transiting 
through the Bandon High Spot East EFCHA.

PART 660--FISHERIES OFF WEST COAST STATES

0
3. 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.

Subpart C [Amended]

0
4. In subpart C of part 660, revise all references to ``Cordell Banks'' 
to read ``Cordell Bank''.
0
5. Amend Sec.  660.11 by:
0
a. Adding in alphabetical order, the definitions for ``Artificial 
lure'' and ``Bait'';
0
b. In the definition for ``Conservation area(s)'':
0
i. Revising paragraph (1) introductory text and paragraph (1)(i);
0
ii. Redesignating paragraphs (1)(vi) and (1)(vii) as (1)(vii) and 
(1)(viii);
0
iii. Adding new paragraph (1)(vi); and
0
c. Adding in alphabetical order the definition for ``Weighted gear''.
    The additions and revisions read as follows:


Sec.  660.11  General definitions.

* * * * *
    Artificial lure means any manufactured or man-made non-scented/non-
flavored (regardless if scent or flavor is added in the manufacturing 
process or added afterwards) device complete with hooks, intended to 
attract fish. Artificial lures include, but are not limited to: spoons, 
spinners, artificial flies, and plugs. Artificial lures are made of 
metal, plastic, wood, or other non-edible materials.
    Bait (natural or artificial) means any substance which attracts 
fish. Natural bait includes any natural biological substance used to 
attract or catch fish (e.g., herring/fish eggs). Artificial bait 
includes any manufactured device used to attract or catch fish.
* * * * *
    Conservation area(s) * * *
    (1) Groundfish Conservation Area or GCA means a conservation area 
created or modified and enforced to control catch of groundfish or 
protected species. Regulations at Sec.  660.60(c)(3) describe the 
various purposes for which NMFS may implement certain types of GCAs 
through routine management measures. Regulations at Sec.  660.70 
further describe and define coordinates for certain GCAs, including: 
Yelloweye Rockfish Conservation Areas; Cowcod Conservation Areas; 
Groundfish Exclusion Areas; waters encircling the Farallon Islands; and 
waters encircling the Cordell Bank. GCAs also include depth-based 
closures bounded by lines approximating depth contours, including 
Bycatch Reduction Areas or BRAs, or bounded by depth contours and lines 
of latitude, including Block Area Closures, or BACs, and Rockfish 
Conservation Areas, or RCAs, which may be closed to fishing with 
particular gear types. BRA, BAC, and RCA boundaries may change 
seasonally according to conservation needs. Regulations at Sec. Sec.  
660.71 through 660.74, and Sec.  660.76 define depth-based boundary 
lines with latitude/longitude coordinates that may be used to enact 
depth-based closures. Regulations in this section describe commonly 
used geographic coordinates that define lines of latitude. Fishing 
prohibitions associated with GCAs are in addition to those associated 
with other conservation areas.
    (i) Block Area Closures or BACs are bounded on the north and south 
by commonly used geographic coordinates defined in this section, and on 
the east and west by the EEZ, and boundary lines approximating depth 
contours, defined with latitude and longitude coordinates at Sec. Sec.  
660.71 through 660.74 (10 fm (18 m) through 250 fm (457 m)), and Sec.  
660.76 (700 fm (1,280 m)). BACs may be implemented or modified as 
routine management measures, per the provisions of Sec.  660.60(c). 
BACs may be implemented to control catch of groundfish by vessels 
taking and retaining groundfish in the EEZ seaward of Washington, 
Oregon and California for vessels using any gear type (trawl or non-
trawl). BACs may be implemented to minimize bycatch of Chinook salmon 
and coho salmon by bottom trawl or midwater trawl vessels in the EEZ 
seaward of Oregon and California, and by midwater trawl vessels in the 
EEZ seaward of Washington, but shoreward of the boundary line 
approximating the

[[Page 59846]]

250 fm (457 m) depth contour as defined in Sec.  660.74. BACs may vary 
in their geographic boundaries, duration, and the gears to which they 
apply. Their geographic boundaries, applicable gear type(s) and/or 
specific fishery program, and effective dates will be announced in the 
Federal Register. BACs may be implemented within tribal Usual and 
Accustomed fishing areas but may only apply to non-tribal vessels. BACs 
may have a specific termination date as described in the Federal 
Register, or may be in effect until modified. BACs that are in effect 
until modified by NMFS are set out in the trip limit tables of subparts 
D through F of this part.
* * * * *
    (vi) Groundfish Exclusion Areas or GEAs are defined at Sec.  
660.70.
* * * * *
    Weighted gear means any fishing gear that is combined with an 
object intended to make the bait, lure or hook sink (e.g. lead or steel 
sinkers).
0
6. Amend Sec.  660.12 by:
0
a. Redesignating paragraph (a)(19) as (20);
0
b. Adding new paragraph (a)(19); and
0
c. Adding new paragraph (a)(21).
    The additions read as follows:


Sec.  660.12  General groundfish prohibitions.

* * * * *
    (a) * * *
    (19) Fish for, take and retain, possess (except for the purpose of 
continuous transiting) or land any species of groundfish with 
groundfish non-trawl bottom contact gear (defined at Sec.  660.11) in 
the following EFHCAs: Arago Reef West, Bandon High Spot East, Garibaldi 
Reef North, Garibaldi Reef South, and Nehalem Bank East.
* * * * *
    (21) Fish for, take and retain, possess (except for the purpose of 
continuous transiting) or land any species of groundfish in a Block 
Area Closure enacted under subparts C through F of this part.
* * * * *
0
7. Amend Sec.  660.13 by redesignating paragraphs (d)(4)(iv)(A)(30) 
through (37) as d)(4)(iv)(A)(34) through (41) and adding new paragraphs 
(d)(4)(iv)(A)(30) through (33) to read as follows:


Sec.  660.13  Recordkeeping and reporting.

* * * * *
    (d) * * *
    (4) * * *
    (iv) * * *
    (A) * * *
    (30) Limited entry fixed gear non-bottom contact stationary 
vertical jig gear (allowed inside or outside the nontrawl RCA) 
(declaration code 12);
    (31) Limited entry fixed gear non-bottom contact groundfish troll 
gear (allowed inside or outside the nontrawl RCA) (declaration code 
13);
    (32) Limited entry groundfish non-trawl, shorebased IFQ, non-bottom 
contact stationary vertical jig gear (allowed inside or outside the 
nontrawl RCA) (declaration code 14);
    (33) Limited entry groundfish non-trawl, shorebased IFQ, non-bottom 
contact groundfish troll gear (allowed inside or outside the nontrawl 
RCA) (declaration code 15);
* * * * *
0
8. Amend Sec.  660.14 by:
0
a. Revising paragraph (d)(4) introductory paragraph, and paragraphs 
(d)(4)(iii) through (vii); and
0
b. Adding paragraphs (d)(4)(viii) through (ix).
    The revisions and additions read as follows:


Sec.  660.14  Vessel Monitoring System (VMS) Requirements.

* * * * *
    (d) * * *
    (4) VMS exemptions. A vessel that is required to operate and 
maintain the mobile transceiver unit continuously 24 hours a day 
throughout the fishing year may be exempted from this requirement if a 
valid exemption report, as described at paragraph (d)(4)(ix) of this 
section, is received by NMFS OLE and the vessel is in compliance with 
all conditions and requirements of the VMS exemption identified in this 
section and specified in the exemption report.
* * * * *
    (iii) Permit exemption. If the limited entry permit had a change in 
vessel registration so that it is no longer registered to the vessel 
(for the purposes of this section, this includes permits placed into 
``unidentified'' status), the vessel may be exempted from VMS 
requirements providing the vessel is not used in a fishery requiring 
VMS off the States of Washington, Oregon or California (0-200 nm 
offshore) for the remainder of the fishing year. If the vessel is used 
to fish in this area for any species of fish at any time during the 
remaining portion of the fishing year without being registered to a 
limited entry permit, the vessel is required to have and use VMS.
    (iv) Long-term departure exemption. A vessel participating in the 
open access fishery that is required to have VMS under paragraph (b)(2) 
of this section may be exempted from VMS provisions after the end of 
the fishing year in which it used non-groundfish trawl gear, providing 
the vessel submits a completed exemption report signed by the vessel 
owner that includes a statement signed by the vessel owner indicating 
that the vessel will not use non-groundfish trawl gear to fish in the 
EEZ during the new fishing year/A vessel participating in the open 
access fishery that is required to have VMS under paragraph (b)(3) of 
this section also may be exempted from VMS provisions after the end of 
the fishing year in which it fished in the open access fishery, 
providing the vessel submits a completed exemption report signed by the 
vessel owner that includes a statement signed by the vessel owner 
indicating that the vessel will not be used to take and retain or 
possess groundfish in the EEZ or land groundfish taken in the EEZ 
during the new fishing year.
    (v) Maintenance Exemption. When it is anticipated that a vessel 
will be without power or in a maintenance condition for more than 4 
consecutive hours, preventing operation of the vessel's VMS unit, and 
if a valid exemption report has been received by NMFS OLE, electrical 
power to the VMS mobile transceiver unit may be removed and 
transmissions may be discontinued. Under this exemption, VMS 
transmissions can be discontinued from the time the vessel is in the 
maintenance condition until the time the maintenance is completed.
    (vi) Sale of Vessel Exemption. When a new vessel owner purchases a 
vessel with VMS and does not intend to participate in an activity 
requiring VMS, but the previous vessel owner had not received a VMS 
exemption prior to the sale, VMS transmissions may be discontinued by 
the new vessel owner. Under this exemption, VMS transmissions can be 
discontinued indefinitely, upon purchase of the vessel, and no 
subsequent VMS transmissions will be required unless the new vessel 
owner engages in an activity requiring VMS.
    (vii) Emergency exemption. Vessels required to have VMS under 
paragraph (b) of this section may be exempted from VMS provisions in 
emergency situations that are beyond the vessel owner's control, 
including but not limited to: Fire, flooding, or extensive physical 
damage to critical areas of the vessel. A vessel owner may apply for an 
emergency exemption from the VMS requirements specified in paragraph 
(b) of this section for his/her vessel by sending a written request to 
NMFS OLE specifying the following information: The reasons for seeking 
an exemption, including any supporting documents (e.g., repair 
invoices, photographs showing damage to the vessel, insurance claim 
forms, etc.); the time period for which the exemption is requested; and

[[Page 59847]]

the location of the vessel while the exemption is in effect. NMFS OLE 
will issue a written determination granting or denying the emergency 
exemption request. A vessel will not be covered by the emergency 
exemption until NMFS OLE issues a determination granting the exemption. 
If an exemption is granted, the duration of the exemption will be 
specified in the NMFS OLE determination.
    (viii) Submission of exemption reports. Signed long-term departure 
exemption reports must be submitted by fax or by emailing an electronic 
copy of the actual report. In the event of an emergency in which an 
emergency exemption request will be submitted, initial contact with 
NMFS OLE must be made by telephone, fax or email within 24 hours from 
when the incident occurred. Emergency exemption requests must be 
requested in writing within 72 hours from when the incident occurred. 
Maintenance exemption requests must include signed written 
documentation of the work being done and the name of the company doing 
the work, if applicable. Sale of Vessel exemption requests must include 
documentation of purchase of the vessel by the new owner. Other 
exemption reports must be submitted through the VMS or another method 
that is approved by NMFS OLE and announced in the Federal Register. 
Submission methods for exemption requests, except maintenance, sale of 
vessel, long-term departures and emergency exemption requests, may 
include email, facsimile, or telephone. NMFS OLE will provide, through 
appropriate media, instructions to the public on submitting exemption 
reports. Instructions and other information needed to make exemption 
reports may be mailed to the vessel owner's address of record. NMFS 
will bear no responsibility if a notification is sent to the address of 
record for the vessel owner and is not received because the vessel 
owner's actual address has changed without notification to NMFS. Owners 
of vessels required to use VMS who do not receive instructions by mail 
are responsible for contacting NMFS OLE during business hours at least 
3 days before the exemption is required to be submitted to obtain 
information needed to make exemption reports. NMFS OLE must be 
contacted during business hours (Monday through Friday between 0800 and 
1700 Pacific Time).
    (ix) Valid exemption reports. For an exemption report to be valid, 
it must be received by NMFS at least 2 hours and not more than 24 hours 
before the exempted activities defined at paragraphs (d)(4)(i) through 
(vi) of this section occur. An exemption report is valid until NMFS 
receives a report canceling the exemption. An exemption cancellation 
must be received at least 2 hours before the vessel re-enters the EEZ 
following an outside areas exemption; at least 2 hours before the 
vessel is placed back in the water following a haul out exemption; at 
least 2 hours before the vessel operates following a maintenance 
exemption; at least 2 hours before the vessel resumes fishing for a 
species of fish or with gear requiring VMS in state or Federal waters 
off the States of Washington, Oregon, or California after it has 
received a permit exemption; or at least 2 hours before a vessel 
resumes fishing in the open access fishery after a long-term departure 
exemption. If a vessel is required to submit an activation report under 
paragraph (d)(2)(i) of this section before returning to fish, that 
report may substitute for the exemption cancellation. Initial contact 
must be made with NMFS OLE not more than 24 hours after the time that 
an emergency situation occurred in which VMS transmissions were 
disrupted and followed by a written emergency exemption request within 
72 hours from when the incident occurred. If the emergency situation 
upon which an emergency exemption is based is resolved before the 
exemption expires, an exemption cancellation must be received by NMFS 
at least 2 hours before the vessel resumes fishing.
* * * * *
0
9. Amend Sec.  660.60 by revising paragraphs (c)(3)(i)(C) and 
(h)(7)(ii)(A) to read as follows:


Sec.  660.60   Specifications and management measures.

* * * * *
    (c) * * *
    (3) * * *
    (i) * * *
    (C) Block Area Closures. BACs, as defined at Sec.  660.11, may be 
closed or reopened, in the EEZ off Washington, Oregon and California, 
for vessels taking and retaining groundfish using any gear (trawl or 
non-trawl) in the EEZ consistent with the purposes described in this 
paragraph (c)(3)(i).
* * * * *
    (h) * * *
    (7) * * *
    (ii) * * *
    (A) Fishing in limited entry and open access fisheries with 
different trip limits. Open access trip limits apply to any fishing 
conducted with open access gear, even if the vessel has a valid limited 
entry permit with an endorsement for another type of gear. A vessel 
that fishes in both the open access and limited entry fisheries is not 
entitled to two separate trip limits for the same species. If a vessel 
has a limited entry permit registered to it at any time during the trip 
limit period and uses open access gear, but the open access limit is 
smaller than the limited entry limit, the open access limit may not be 
exceeded and counts toward the limited entry allocation as established 
under the biennial groundfish harvest specifications. If a vessel has a 
limited entry permit registered to it at any time during the trip limit 
period and uses open access gear, but the open access limit is larger 
than the limited entry limit, the smaller limited entry limit applies, 
even if taken entirely with open access gear. These provisions do not 
apply to:
    (1) IFQ species (defined at Sec.  660.140(c)) for vessels that are 
declared into the Shorebased IFQ Program (see Sec.  
660.13(d)(4)(iv)(A)) for valid Shorebased IFQ Program declarations).
    (2) Vessels with a valid limited entry permit endorsed for longline 
and/or pot gear fishing inside the nontrawl RCA with stationary 
vertical jig gear or groundfish troll gear as defined at Sec.  
660.320(b)(6). Vessels fishing with one of these two approved hook-and-
line gear configurations may fish up to the limited entry fixed gear 
trip limits in Table 2 (North) and Table 2 (South) of subpart E, either 
inside or outside the nontrawl RCA. This provision only applies on 
fishing trips where the vessel made the appropriate declaration 
(specified at Sec.  660.13(d)(4)(iv)(A)).
* * * * *
0
10. Amend Sec.  660.70 by revising paragraphs (g) through (q) and 
adding paragraphs (r) through (v) to read as follows:


Sec.  660.70  Groundfish Conservation areas.

* * * * *
    (g) Tillamook YRCA. The Tillamook YRCA is an area off northern 
Oregon intended to protect yelloweye rockfish. The Tillamook YRCA is 
defined by straight lines connecting the following specific latitude 
and longitude coordinates in the order listed:
    (1) 45[deg]40.96' N lat.; 124[deg]27.52' W long.;
    (2) 45[deg]40.96' N lat.; 124[deg]19.99' W long.;
    (3) 45[deg]34.44' N lat.; 124[deg]14.48' W long.;
    (4) 45[deg]31.93' N lat.; 124[deg]14.05' W long.;
    (5) 45[deg]32.93' N lat.; 124[deg]22.54' W long.;
    (6) 45[deg]36.95' N lat.; 124[deg]24.45' W long.;

[[Page 59848]]

    (7) 45[deg]38.89' N lat.; 124[deg]25.92' W long.; and connecting 
back to 45[deg]40.96' N lat.; 124[deg]27.52' W long.
    (h) Newport YRCA. The Newport YRCA is an area off central Oregon 
intended to protect yelloweye rockfish. The Newport YRCA is defined by 
straight lines connecting the following specific latitude and longitude 
coordinates in the order listed:
    (1) 44[deg]46.00' N lat.; 124[deg]32.57' W long.;
    (2) 44[deg]46.00' N lat.; 124[deg]32.00' W long.;
    (3) 44[deg]42.00' N lat.; 124[deg]30.00' W long.;
    (4) 44[deg]39.00' N lat.; 124[deg]30.00' W long.;
    (5) 44[deg]39.00' N lat.; 124[deg]34.00' W long.;
    (6) 44[deg]43.16' N lat.; 124[deg]34.00' W long.;
    (7) 44[deg]44.54' N lat.; 124[deg]33.58' W long.; and connecting 
back to 44[deg]46.00' N lat.; 124[deg]32.57' W long.
    (i) Stonewall Bank Yelloweye Rockfish Conservation Area. The 
Stonewall Bank YRCA is an area off central Oregon, near Stonewall Bank, 
intended to protect yelloweye rockfish. The Stonewall Bank YRCA is 
defined by straight lines connecting the following specific latitude 
and longitude coordinates in the order listed:
    (1) 44[deg]37.46' N lat.; 124[deg]24.92' W long.;
    (2) 44[deg]37.46' N lat.; 124[deg]23.63' W long.;
    (3) 44[deg]28.71' N lat.; 124[deg]21.80' W long.;
    (4) 44[deg]28.71' N lat.; 124[deg]24.10' W long.;
    (5) 44[deg]31.42' N lat.; 124[deg]25.47' W long.; and connecting 
back to 44[deg]37.46' N lat.; 124[deg]24.92' W long.
    (j) Stonewall Bank Yelloweye Rockfish Conservation Area, Expansion 
1. The Stonewall Bank Yelloweye Rockfish Conservation Area (YRCA) 
Expansion 1 is an area off central Oregon, near Stonewall Bank, 
intended to protect yelloweye rockfish. The Stonewall Bank YRCA 
Expansion 1 is defined by straight lines connecting the following 
specific latitude and longitude coordinates in the order listed:
    (1) 44[deg]41.76' N lat.; 124[deg]30.02' W long.;
    (2) 44[deg]41.73' N lat.; 124[deg]21.60' W long.;
    (3) 44[deg]25.25' N lat.; 124[deg]16.94' W long.;
    (4) 44[deg]25.29' N lat.; 124[deg]30.14' W long.;
    (5) 44[deg]41.76' N lat.; 124[deg]30.02' W long.; and connecting 
back to 44[deg]41.76' N lat.; 124[deg]30.02' W long.
    (k) Stonewall Bank Yelloweye Rockfish Conservation Area, Expansion 
2. The Stonewall Bank Yelloweye Rockfish Conservation Area (YRCA) 
Expansion 2 is an area off central Oregon, near Stonewall Bank, 
intended to protect yelloweye rockfish. The Stonewall Bank YRCA 
Expansion 2 is defined by straight lines connecting the following 
specific latitude and longitude coordinates in the order listed:
    (1) 44[deg]38.54' N lat.; 124[deg]27.41' W long.;
    (2) 44[deg]38.54' N lat.; 124[deg]23.86' W long.;
    (3) 44[deg]27.13' N lat.; 124[deg]21.50' W long.;
    (4) 44[deg]27.13' N lat.; 124[deg]26.89' W long.;
    (5) 44[deg]31.30' N lat.; 124[deg]28.35' W long.; and connecting 
back to 44[deg]38.54' N lat.; 124[deg]27.41' W long.
    (l) Florence YRCA. The Florence YRCA is an area off central Oregon 
intended to protect yelloweye rockfish. The Florence YRCA is defined by 
straight lines connecting the following specific latitude and longitude 
coordinates in order listed:
    (1) 44[deg]30.04' N lat.; 124[deg]42.31' W long.;
    (2) 44[deg]30.19' N lat.; 124[deg]40.46' W long.;
    (3) 44[deg]25.00' N lat.; 124[deg]37.00' W long.;
    (4) 44[deg]25.00' N lat.; 124[deg]45.00' W long.;
    (5) 44[deg]26.71' N lat.; 124[deg]45.00' W long.; and connecting 
back to 44[deg]30.04' N lat.; 124[deg]42.31' W long.
    (m) Heceta Bank YRCA. The Heceta Bank YRCA is an area off central 
Oregon intended to protect yelloweye rockfish. The Heceta Bank YRCA is 
defined by straight lines connecting the following specific latitude 
and longitude coordinates in order listed:
    (1) 44[deg]16.28' N lat., 124[deg]47.86' W long.;
    (2) 44[deg]15.38' N lat., 124[deg]49.86' W long.;
    (3) 44[deg]14.49' N lat., 124[deg]51.82' W long.;
    (4) 44[deg]14.01' N lat., 124[deg]52.88' W long.;
    (5) 44[deg]13.47' N lat., 124[deg]54.08' W long.;
    (6) 44[deg]12.72' N lat., 124[deg]54.07' W long.;
    (7) 44[deg]11.53' N lat., 124[deg]54.06' W long.;
    (8) 44[deg]08.72' N lat., 124[deg]54.02' W long.;
    (9) 44[deg]06.68' N lat., 124[deg]54.00' W long.;
    (10) 44[deg]05.34' N lat., 124[deg]53.10' W long.;
    (11) 44[deg]02.88' N lat., 124[deg]53.96' W long.;
    (12) 44[deg]02.18' N lat., 124[deg]54.29' W long.;
    (13) 44[deg]00.14' N lat., 124[deg]55.25' W long.;
    (14) 43[deg]58.36' N lat., 124[deg]55.42' W long.;
    (15) 43[deg]57.68' N lat., 124[deg]55.48' W long.;
    (16) 43[deg]56.66' N lat., 124[deg]55.45' W long.;
    (17) 43[deg]56.65' N lat., 124[deg]55.49' W long.;
    (18) 43[deg]56.64' N lat., 124[deg]56.53' W long.;
    (19) 43[deg]56.74' N lat., 124[deg]56.74' W long.;
    (20) 43[deg]59.18' N lat., 124[deg]56.94' W long.;
    (21) 44[deg]00.45' N lat., 124[deg]56.35' W long.;
    (22) 44[deg]02.34' N lat., 124[deg]55.49' W long.;
    (23) 44[deg]04.81' N lat., 124[deg]55.65' W long.;
    (24) 44[deg]06.45' N lat., 124[deg]55.78' W long.;
    (25) 44[deg]08.47' N lat., 124[deg]55.93' W long.;
    (26) 44[deg]09.85' N lat., 124[deg]56.04' W long.;
    (27) 44[deg]11.34' N lat., 124[deg]56.16' W long.;
    (28) 44[deg]12.92' N lat., 124[deg]56.28' W long.;
    (29) 44[deg]14.06' N lat., 124[deg]55.10' W long.;
    (30) 44[deg]15.32' N lat., 124[deg]53.79' W long.;
    (31) 44[deg]16.90' N lat., 124[deg]52.16' W long.;
    (32) 44[deg]16.96' N lat., 124[deg]52.11' W long.;
    (33) 44[deg]16.96' N lat., 124[deg]51.95' W long.;
    (34) 44[deg]17.02' N lat., 124[deg]48.02' W long.;
    (35) 44[deg]17.02' N lat., 124[deg]47.47' W long.; and connecting 
back to 44[deg]16.28' N lat., 124[deg]47.86' W long.
    (n) Point St. George YRCA. The Point St. George YRCA is an area off 
the northern California coast, northwest of Point St. George, intended 
to protect yelloweye rockfish. The Point St. George YRCA is defined by 
straight lines connecting the following specific latitude and longitude 
coordinates in the order listed:
    (1) 41[deg]51.00' N lat., 124[deg]23.75' W long.;
    (2) 41[deg]51.00' N lat., 124[deg]20.75' W long.;
    (3) 41[deg]48.00' N lat., 124[deg]20.75' W long.;
    (4) 41[deg]48.00' N lat., 124[deg]23.75' W long.; and connecting 
back to 41[deg]51.00' N lat., 124[deg]23.75' W long.
    (o) South Reef YRCA. The South Reef YRCA is an area off the 
northern California coast, southwest of Crescent City, intended to 
protect yelloweye

[[Page 59849]]

rockfish. The South Reef YRCA is defined by straight lines connecting 
the following specific latitude and longitude coordinates in the order 
listed:
    (1) 41[deg]42.20' N lat., 124[deg]16.00' W long.;
    (2) 41[deg]42.20' N lat., 124[deg]13.80' W long.;
    (3) 41[deg]40.50' N lat., 124[deg]13.80' W long.;
    (4) 41[deg]40.50' N lat., 124[deg]16.00' W long.; and connecting 
back to 41[deg]42.20' N lat., 124[deg]16.00' W long.
    (p) Reading Rock YRCA. The Reading Rock YRCA is an area off the 
northern California coast, between Crescent City and Eureka, intended 
to protect yelloweye rockfish. The Reading Rock YRCA is defined by 
straight lines connecting the following specific latitude and longitude 
coordinates in the order listed:
    (1) 41[deg]21.50' N lat., 124[deg]12.00' W long.;
    (2) 41[deg]21.50' N lat., 124[deg]10.00' W long.;
    (3) 41[deg]20.00' N lat., 124[deg]10.00' W long.;
    (4) 41[deg]20.00' N lat., 124[deg]12.00' W long.; and connecting 
back to 41[deg]21.50' N lat., 124[deg]12.00' W long.
    (q) Point Delgada YRCAs. The Point Delgada YRCAs are two areas off 
the northern California coast, south of Point Delgada and Shelter Cove, 
intended to protect yelloweye rockfish. The Northern Point Delgada YRCA 
is defined by straight lines connecting the following specific latitude 
and longitude coordinates in the order listed:
    (1) 39[deg]59.00' N lat., 124[deg]05.00' W long.;
    (2) 39[deg]59.00' N lat., 124[deg]03.00' W long.;
    (3) 39[deg]57.00' N lat., 124[deg]03.00' W long.;
    (4) 39[deg]57.00' N lat., 124[deg]05.00' W long.; and connecting 
back to 39[deg]59.00' N lat., 124[deg]05.00' W long.
    (r) Southern Point Delgada YRCA. The Southern Point Delgada YRCA is 
defined by straight lines connecting the following specific latitude 
and longitude coordinates in the order listed:
    (1) 39[deg]57.00' N lat., 124[deg]05.00' W long.;
    (2) 39[deg]57.00' N lat., 124[deg]02.00' W long.;
    (3) 39[deg]54.00' N lat., 124[deg]02.00' W long.;
    (4) 39[deg]54.00' N lat., 124[deg]05.00' W long.; and connecting 
back to 39[deg]57.00' N lat., 124[deg]05.00' W long.
    (s) Cowcod Conservation Areas. The Cowcod Conservation Areas (CCAs) 
are two areas off the southern California coast intended to protect 
cowcod.
    (1) Western CCA. The Western CCA is an area south of Point 
Conception defined by the straight lines connecting the following 
specific latitude and longitude coordinates in the order listed and 
connecting back to 33[deg]50.00' N lat., 119[deg]30.00' W long.:
    (i) 33[deg]50.00' N lat., 119[deg]30.00' W long.;
    (ii) 33[deg]50.00' N lat., 118[deg]50.00' W long.;
    (iii) 32[deg]20.00' N lat., 118[deg]50.00' W long.;
    (iv) 32[deg]20.00' N lat., 119[deg]37.00' W long.;
    (v) 33[deg]00.00' N lat., 119[deg]37.00' W long.;
    (vi) 33[deg]00.00' N lat., 119[deg]53.00' W long.;
    (vii) 33[deg]33.00' N lat., 119[deg]53.00' W long.; and
    (viii) 33[deg]33.00' N lat., 119[deg]30.00' W long.
    (2) Transit corridor. The Western CCA transit corridor is bounded 
on the north by the latitude line at 33[deg]00.50' N lat., and bounded 
on the south by the latitude line at 32[deg]59.50' N lat.
    (3) Eastern CCA. The Eastern CCA is an area west of San Diego 
defined by the straight lines connecting the following specific 
latitude and longitude coordinates in the order listed and connecting 
back to 32[deg]42.00' N lat., 118[deg]02.00' W long.:
    (i) 32[deg]42.00' N lat., 118[deg]02.00' W long.;
    (ii) 32[deg]42.00' N lat., 117[deg]50.00' W long.;
    (iii) 32[deg]36.70' N lat., 117[deg]50.00' W long.;
    (iv) 32[deg]30.00' N lat., 117[deg]53.50' W long.; and
    (v) 32[deg]30.00' N lat., 118[deg]02.00' W long.
    (t) Groundfish Exclusion Areas. The Groundfish Exclusion Areas 
(GEAs) are eight areas south of Point Conception intended to protect 
sensitive areas, including areas with coral and sea pens.
    (1) Hidden Reef. The Hidden Reef GEA is defined by the straight 
lines connecting the following specific latitude and longitude 
coordinates in the order listed and connecting back to 33[deg]46.14' N 
lat., 119[deg]10.45' W long.:
    (i) 33[deg]46.14' N lat., 119[deg]10.45' W long.;
    (ii) 33[deg]46.14' N lat., 119[deg]05.96' W long.;
    (iii) 33[deg]41.40' N lat., 119[deg]05.96' W long.; and
    (iv) 33[deg]41.40' N lat., 119[deg]10.45' W long.
    (2) West of Santa Barbara Island. The West of Santa Barbara Island 
GEA is defined by the straight lines connecting the following specific 
latitude and longitude coordinates in the order listed and connecting 
back to 33[deg]33.64' N lat., 119[deg]18.54' W long.:
    (i) 33[deg]33.64' N lat., 119[deg]18.54' W long.;
    (ii) 33[deg]33.64' N lat., 119[deg]07.57' W long.;
    (iii) 33[deg]27.90' N lat., 119[deg]07.57' W long; and
    (iv) 33[deg]27.90' N lat., 119[deg]18.54' W long.
    (3) Potato Bank. The Potato Bank GEA is defined by the straight 
lines connecting the following specific latitude and longitude 
coordinates in the order listed and connecting back to 33[deg]21.00' N 
lat., 119[deg]52.10' W long.:
    (i) 33[deg]21.00' N lat., 119[deg]52.10' W long.;
    (ii) 33[deg]21.00' N lat., 119[deg]45.67' W long.;
    (iii) 33[deg]10.10' N lat., 119[deg]45.67' W long.; and
    (iv) 33[deg]10.10' N lat., 119[deg]52.10' W long.
    (4) 107/118 Bank. The 107/118 Bank GEA is defined by the straight 
lines connecting the following specific latitude and longitude 
coordinates in the order listed and connecting back to 33[deg]05.51' N 
lat., 119[deg]41.29' W long.:
    (i) 33[deg]05.51' N lat., 119[deg]41.29' W long.;
    (ii) 33[deg]08.64' N lat., 119[deg]36.71' W long.;
    (iii) 33[deg]03.50' N lat., 119[deg]31.69' W long.; and
    (iv) 33[deg]00.36' N lat., 119[deg]36.27' W long.
    (5) Cherry Bank. The Cherry Bank GEA is defined by the straight 
lines connecting the following specific latitude and longitude 
coordinates in the order listed and connecting back to 32[deg]50.86' N 
lat., 119[deg]29.40' W long.:
    (i) 32[deg]50.86' N lat., 119[deg]29.40' W long.;
    (ii) 32[deg]56.96' N lat., 119[deg]19.82' W long.;
    (iii) 32[deg]54.69' N lat., 119[deg]17.78' W long.; and
    (iv) 32[deg]48.59' N lat., 119[deg]27.35' W long.
    (6) Seamount 109. The Seamount 109 GEA is defined by the straight 
lines connecting the following specific latitude and longitude 
coordinates in the order listed and connecting back to 32[deg]43.75' N 
lat., 119[deg]37.00' W long.:
    (i) 32[deg]43.75' N lat., 119[deg]37.00' W long.;
    (ii) 32[deg]43.75' N lat., 119[deg]34.29' W long.;
    (iii) 32[deg]31.95' N lat., 119[deg]26.94' W long.;
    (iv) 32[deg]30.47' N lat., 119[deg]29.71' W long.; and
    (v) 32[deg]39.54' N lat., 119[deg]37.00' W long.
    (7) 43-Fathom Spot. The 43-Fathom Spot GEA is defined by the 
straight lines

[[Page 59850]]

connecting the following specific latitude and longitude coordinates in 
the order listed and connecting back to 32[deg]42.00' N lat., 
118[deg]00.05' W long.:
    (i) 32[deg]42.00' N lat., 118[deg]00.05' W long.;
    (ii) 32[deg]42.00' N lat., 117[deg]50.00' W long.;
    (iii) 32[deg]36.70' N lat., 117[deg]50.00' W long.;
    (iv) 32[deg]36.18' N lat., 117[deg]50.23' W long.; and
    (v) 32[deg]36.18' N lat., 118[deg]00.05' W long.
    (8) Northeast Bank. The Northeast Bank GEA is defined by the 
straight lines connecting the following specific latitude and longitude 
coordinates in the order listed and connecting back to 32[deg]27.39' N 
lat., 119[deg]37.00' W long.:
    (i) 32[deg]27.39' N lat., 119[deg]37.00' W long.;
    (ii) 32[deg]27.39' N lat., 119[deg]31.60' W long.;
    (iii) 32[deg]19.91' N lat., 119[deg]31.60' W long.; and
    (iv) 32[deg]19.91' N lat., 119[deg]37.00' W long.
    (u) Farallon Islands. The Farallon Islands, off San Francisco and 
San Mateo Counties, include Southeast Farallon Island, Middle Farallon 
Island, North Farallon Island and Noon Day Rock. Generally, the State 
of California prohibits fishing for groundfish between the shoreline 
and the 10-fm (18-m) depth contour around the Farallon Islands.
    (v) Cordell Bank. Cordell Bank is located offshore of California's 
Marin County. Generally, fishing for groundfish is prohibited within 
Cordell Bank as defined by specific latitude and longitude coordinates. 
The Cordell Bank closed area is defined by straight lines connecting 
the following specific latitude and longitude coordinates in the order 
listed:
0
11. Amend Sec.  660.72 by:
0
a. Redesignating paragraphs (j) through (m) as (r) through (u);
0
b. Redesignating paragraphs (f) through (i) as (j) through (m);
0
c. Adding new paragraphs (f) through (i);
0
d. Adding paragraphs (n) through (q);
0
e. Revising newly redesignated paragraphs (r)(139) through (142) and 
(186);
0
f. Adding new paragraphs (v) through (y).
    The revisions and additions read as follows:


Sec.  660.72  Latitude/longitude coordinates defining the 50 fm (91 m) 
through 75 fm (137 m) depth contours.

* * * * *
    (f) The 50 fm (91 m) depth contour around Santa Barbara Island off 
the state of California is defined by straight lines connecting all of 
the following points in the order stated:
    (1) 33[deg]31.77' N lat., 119[deg]3.41' W long.;
    (2) 33[deg]29.66' N lat., 119[deg]5.86' W long.;
    (3) 33[deg]26.94' N lat., 119[deg]2.95' W long.;
    (4) 33[deg]27.08' N lat., 119[deg]0.51' W long.;
    (5) 33[deg]28.82' N lat., 118[deg]59.42' W long.;
    (6) 33[deg]30.67' N lat., 119[deg]0.88' W long.; and
    (7) 33[deg]31.77' N lat., 119[deg]3.41' W long.
    (g) The 50 fm (91 m) depth contour around Tanner Bank off the state 
of California is defined by straight lines connecting all of the 
following points in the order stated:
    (1) 32[deg]45.53' N lat., 119[deg]13.28' W long.;
    (2) 32[deg]43.98' N lat., 119[deg]15.05' W long.;
    (3) 32[deg]38.45' N lat., 119[deg]4.92' W long.;
    (4) 32[deg]41.44' N lat., 119[deg]3.71' W long.;
    (5) 32[deg]45.02' N lat., 119[deg]11.08' W long.; and
    (6) 32[deg]45.53' N lat., 119[deg]13.28' W long.
    (h) The 50 fm (91 m) depth contour around San Nicholas Island off 
the state of California is defined by straight lines connecting all of 
the following points in the order stated:
    (1) 33[deg]22.14' N lat., 119[deg]42.12' W long.;
    (2) 33[deg]17.68' N lat., 119[deg]43.24' W long.;
    (3) 33[deg]15.29' N lat., 119[deg]39.32' W long.;
    (4) 33[deg]11.98' N lat., 119[deg]29.64' W long.;
    (5) 33[deg]11.6' N lat., 119[deg]27.26' W long.;
    (6) 33[deg]12.99' N lat., 119[deg]16.36' W long.;
    (7) 33[deg]14.43' N lat., 119[deg]17.42' W long.;
    (8) 33[deg]17.2' N lat., 119[deg]23.16' W long.;
    (9) 33[deg]20.73' N lat., 119[deg]27.33' W long.; and
    (10) 33[deg]22.14' N lat., 119[deg]42.12' W long.
    (i) The 50 fm (91 m) depth contour around Cortes Bank off the state 
of California is defined by straight lines connecting all of the 
following points in the order stated:
    (1) 32[deg]35.89' N lat., 119[deg]18.39' W long.;
    (2) 32[deg]31.93' N lat., 119[deg]20.54' W long.;
    (3) 32[deg]29.47' N lat., 119[deg]14.81' W long.;
    (4) 32[deg]28.14' N lat., 119[deg]14.94' W long.;
    (5) 32[deg]24.37' N lat., 119[deg]3.69' W long.;
    (6) 32[deg]24.5' N lat., 119[deg]0.52' W long.;
    (7) 32[deg]26.04' N lat., 119[deg]0.46' W long.; and
    (8) 32[deg]35.89' N lat., 119[deg]18.39' W long.
* * * * *
    (n) The 60 fm (110 m) depth contour around Santa Barbara Island off 
the state of California is defined by straight lines connecting all of 
the following points in the order stated:
    (1) 33[deg]32.34' N lat., 119[deg]3.85' W long.;
    (2) 33[deg]28.79' N lat., 119[deg]6.76' W long.;
    (3) 33[deg]26.46' N lat., 119[deg]3.12' W long.;
    (4) 33[deg]27.08' N lat., 119[deg]0.37' W long.;
    (5) 33[deg]28.86' N lat., 118[deg]59.31' W long.;
    (6) 33[deg]30.82' N lat., 119[deg]0.97' W long.; and
    (7) 33[deg]32.34' N lat., 119[deg]3.85' W long.
    (o) The 60 fm (91 m) depth contour around Tanner Bank off the state 
of California is defined by straight lines connecting all of the 
following points in the order stated:
    (1) 32[deg]45.65' N lat., 119[deg]13.29' W long.;
    (2) 32[deg]44.21' N lat., 119[deg]15.68' W long.;
    (3) 32[deg]37.4' N lat., 119[deg]4.89' W long.;
    (4) 32[deg]41.42' N lat., 119[deg]3.32' W long.;
    (5) 32[deg]45.66' N lat., 119[deg]12.1' W long.; and
    (6) 32[deg]45.65' N lat., 119[deg]13.29' W long.
    (p) The 60 fm (110 m) depth contour around San Nicholas Island off 
the state of California is defined by straight lines connecting all of 
the following points in the order stated:
    (1) 33[deg]26.41' N lat., 119[deg]39.84' W long.;
    (2) 33[deg]22.94' N lat., 119[deg]47.34' W long.;
    (3) 33[deg]16.39' N lat., 119[deg]42.64' W long.;
    (4) 33[deg]11.86' N lat., 119[deg]29.61' W long.;
    (5) 33[deg]11.52' N lat., 119[deg]27.25' W long.;
    (6) 33[deg]12.97' N lat., 119[deg]16.3' W long.;
    (7) 33[deg]14.48' N lat., 119[deg]17.42' W long.;
    (8) 33[deg]17.23' N lat., 119[deg]23.14' W long.;
    (9) 33[deg]21.21' N lat., 119[deg]27.84' W long.;
    (10) 33[deg]22.65' N lat., 119[deg]34.31' W long.; and
    (11) 33[deg]26.41' N lat., 119[deg]39.84' W long.
    (q) The 60 fm (110 m) depth contour around Cortes Bank off the 
state of California is defined by straight lines connecting all of the 
following points in the order stated:
    (1) 32[deg]36.79' N lat., 119[deg]18.81' W long.;
    (2) 32[deg]31.94' N lat., 119[deg]20.75' W long.;
    (3) 32[deg]29.5' N lat., 119[deg]15' W long.;
    (4) 32[deg]27.95' N lat., 119[deg]15.12' W long.;
    (5) 32[deg]24.03' N lat., 119[deg]3.72' W long.;
    (6) 32[deg]24.46' N lat., 118[deg]59.56' W long.;

[[Page 59851]]

    (7) 32[deg]25.42' N lat., 118[deg]59.42' W long.;
    (8) 32[deg]27.41' N lat., 119[deg]1.99' W long.; and
    (9) 32[deg]36.79' N lat., 119[deg]18.81' W long.
    (r) * * *
    (139) 38[deg]04.16' N lat., 123[deg]19.05' W long.;
    (140) 38[deg]03.18' N lat., 123[deg]20.77' W long.;
    (141) 38[deg]00.00' N lat., 123[deg]23.08' W long.;
    (142) 37[deg]55.07' N lat., 123[deg]26.81' W long.;
* * * * *
    (186) 36[deg]10.28' N lat., 121[deg]43.06' W long.;
* * * * *
    (v) The 75 fm (137 m) depth contour around Santa Barbara Island off 
the state of California is defined by straight lines connecting all of 
the following points in the order stated:
    (1) 33[deg]33.58' N lat., 119[deg]4.84' W long.;
    (2) 33[deg]33.2' N lat., 119[deg]5.37' W long.;
    (3) 33[deg]31.75' N lat., 119[deg]4.61' W long.;
    (4) 33[deg]28.67' N lat., 119[deg]7.06' W long.;
    (5) 33[deg]26.38' N lat., 119[deg]3.24' W long.;
    (6) 33[deg]27.08' N lat., 119[deg]0.26' W long.;
    (7) 33[deg]28.85' N lat., 118[deg]59.21' W long.;
    (8) 33[deg]30.85' N lat., 119[deg]0.94' W long.;
    (9) 33[deg]31.91' N lat., 119[deg]2.98' W long.; and
    (10) 33[deg]33.58' N lat., 119[deg]4.84' W long.
    (w) The 75 fm (137 m) depth contour around Tanner Bank off the 
state of California is defined by straight lines connecting all of the 
following points in the order stated:
    (1) 32[deg]45.66' N lat., 119[deg]14.45' W long.;
    (2) 32[deg]44.19' N lat., 119[deg]15.9' W long.;
    (3) 32[deg]37.02' N lat., 119[deg]4.65' W long.;
    (4) 32[deg]41.45' N lat., 119[deg]3.14' W long.;
    (5) 32[deg]45.77' N lat., 119[deg]11.93' W long.; and
    (6) 32[deg]45.66' N lat., 119[deg]14.45' W long.
    (x) The 75 fm (137 m) depth contour around San Nicholas Island off 
the state of California is defined by straight lines connecting all of 
the following points in the order stated:
    (1) 33[deg]30.94' N lat., 119[deg]45.06' W long.;
    (2) 33[deg]28.59' N lat., 119[deg]52.02' W long.;
    (3) 33[deg]16.05' N lat., 119[deg]43.86' W long.;
    (4) 33[deg]15.2' N lat., 119[deg]39.36' W long.;
    (5) 33[deg]11.71' N lat., 119[deg]29.48' W long.;
    (6) 33[deg]11.39' N lat., 119[deg]26.58' W long.;
    (7) 33[deg]12.96' N lat., 119[deg]16.23' W long.;
    (8) 33[deg]14.52' N lat., 119[deg]17.42' W long.;
    (9) 33[deg]17.24' N lat., 119[deg]23.09' W long.;
    (10) 33[deg]21.24' N lat., 119[deg]27.83' W long.;
    (11) 33[deg]22.71' N lat., 119[deg]33.54' W long.; and
    (12) 33[deg]30.94' N lat., 119[deg]45.06' W long.
    (y) The 75 fm (137 m) depth contour around Cortes Bank off the 
state of California is defined by straight lines connecting all of the 
following points in the order stated:
    (1) 32[deg]37.38' N lat., 119[deg]19.45' W long.;
    (2) 32[deg]31.9' N lat., 119[deg]20.9' W long.;
    (3) 32[deg]29.52' N lat.; 119[deg]15.94' W long.;
    (4) 32[deg]29.64' N lat.; 119[deg]15.4' W long.;
    (5) 32[deg]29.24' N lat.; 119[deg]15.09' W long.;
    (6) 32[deg]27.82' N lat., 119[deg]15.3' W long.;
    (7) 32[deg]23.85' N lat., 119[deg]3.95' W long.;
    (8) 32[deg]24.53' N lat., 118[deg]58.2' W long.;
    (9) 32[deg]27.1' N lat., 119[deg]1.2' W long.; and
    (10) 32[deg]37.38' N lat., 119[deg]19.45' W long.
* * * * *
0
12. Amend Sec.  660.73 by:
0
a. Redesignating paragraphs (i) through (m) as (p) through (t);
0
b. Redesignating paragraphs (e) through (h) as (i) through (l);
0
c. Adding new paragraphs (e) through (h);
0
d. Adding new paragraphs (m) through (o); and
0
e. Adding new paragraphs (u) through (y).
    The revisions and additions read as follows:


Sec.  660.73  Latitude/longitude coordinates defining the 100 fm (183 
m) through 150 fm (274 m) depth contours.

* * * * *
    (e) The 100 fm (183 m) depth contour around Santa Barbara Island 
off the state of California is defined by straight lines connecting all 
of the following points in the order stated:
    (1) 33[deg]33.85' N lat., 119[deg]4.87' W long.;
    (2) 33[deg]33.27' N lat., 119[deg]5.67' W long.;
    (3) 33[deg]31.9' N lat., 119[deg]5.08' W long.;
    (4) 33[deg]28.62' N lat., 119[deg]7.28' W long.;
    (5) 33[deg]27.04' N lat., 119[deg]5.84' W long.;
    (6) 33[deg]26.2' N lat., 119[deg]3.24' W long.;
    (7) 33[deg]27.07' N lat., 118[deg]59.96' W long.;
    (8) 33[deg]28.7' N lat., 118[deg]58.76' W long.;
    (9) 33[deg]31' N lat., 119[deg]1.02' W long.;
    (10) 33[deg]31.99' N lat., 119[deg]2.86' W long.; and
    (11) 33[deg]33.85' N lat., 119[deg]4.87' W long.
    (f) The 100 fm (183 m) depth contour around Tanner Bank off the 
state of California is defined by straight lines connecting all of the 
following points in the order stated:
    (1) 32[deg]45.92' N lat., 119[deg]14.6' W long.;
    (2) 32[deg]44.34' N lat., 119[deg]16.43' W long.;
    (3) 32[deg]36.75' N lat., 119[deg]4.51' W long.;
    (4) 32[deg]41.41' N lat., 119[deg]2.93' W long.;
    (5) 32[deg]45.85' N lat., 119[deg]10.62' W long.; and
    (6) 32[deg]45.92' N lat., 119[deg]14.6' W long.
    (g) The 100 fm (183 m) depth contour around San Nicholas Island off 
the state of California is defined by straight lines connecting all of 
the following points in the order stated:
    (1) 33[deg]31.37' N lat., 119[deg]44.84' W long.;
    (2) 33[deg]28.82' N lat., 119[deg]52.19' W long.;
    (3) 33[deg]25.43' N lat., 119[deg]51.27' W long.;
    (4) 33[deg]18.01' N lat., 119[deg]47.18' W long.;
    (5) 33[deg]15.8' N lat., 119[deg]43.64' W long.;
    (6) 33[deg]14.22' N lat., 119[deg]37' W long.;
    (7) 33[deg]11.56' N lat., 119[deg]29.58' W long.;
    (8) 33[deg]11.28' N lat., 119[deg]26.54' W long.;
    (9) 33[deg]12.94' N lat., 119[deg]15.86' W long.;
    (10) 33[deg]14.48' N lat., 119[deg]16.97' W long.;
    (11) 33[deg]17.33' N lat., 119[deg]22.93' W long.;
    (12) 33[deg]21.28' N lat., 119[deg]27.66' W long.;
    (13) 33[deg]23.38' N lat., 119[deg]33.29' W long.; and
    (14) 33[deg]31.37' N lat., 119[deg]44.84' W long.
    (h) The 100 fm (183 m) depth contour around Cortes Bank off the 
state of California is defined by straight lines connecting all of the 
following points in the order stated:
    (1) 32[deg]37.79' N lat., 119[deg]19.68' W long.;
    (2) 32[deg]36.19' N lat., 119[deg]21.84' W long.;
    (3) 32[deg]33.16' N lat., 119[deg]21.76' W long.;
    (4) 32[deg]30.92' N lat., 119[deg]20.46' W long.;
    (5) 32[deg]29.25' N lat., 119[deg]15.93' W long.;
    (6) 32[deg]29.44' N lat., 119[deg]15.44' W long.;
    (7) 32[deg]29.23' N lat., 119[deg]15.23' W long.;
    (8) 32[deg]27.48' N lat., 119[deg]15.56' W long.;
    (9) 32[deg]23.19' N lat., 119[deg]3.23' W long.;
    (10) 32[deg]22.94' N lat., 118[deg]57.58' W long.;
    (11) 32[deg]24.47' N lat., 118[deg]57.61' W long.;
    (12) 32[deg]27.3' N lat., 119[deg]1.06' W long.; and

[[Page 59852]]

    (13) 32[deg]37.79' N lat., 119[deg]19.68' W long.
* * * * *
    (m) The 125 fm (229 m) depth contour around Santa Barbara Island 
off the state of California is defined by straight lines connecting all 
of the following points in the order stated:
    (1) 33[deg]33.96' N lat., 119[deg]4.88' W long.;
    (2) 33[deg]33.28' N lat., 119[deg]5.88' W long.;
    (3) 33[deg]30.98' N lat., 119[deg]6.32' W long.;
    (4) 33[deg]28.52' N lat., 119[deg]7.7' W long.;
    (5) 33[deg]26.93' N lat., 119[deg]5.94' W long.;
    (6) 33[deg]25.96' N lat., 119[deg]3.34' W long.;
    (7) 33[deg]27.01' N lat., 118[deg]59.73' W long.;
    (8) 33[deg]28.68' N lat., 118[deg]58.43' W long.;
    (9) 33[deg]31.2' N lat., 119[deg]1.09' W long.;
    (10) 33[deg]32.04' N lat., 119[deg]2.77' W long.; and
    (11) 33[deg]33.96' N lat., 119[deg]4.88' W long.
    (n) The 125 fm (229 m) depth contour around Tanner Bank and Cortes 
Bank off the state of California is defined by straight lines 
connecting all of the following points in the order stated:
    (1) 32[deg]46.01' N lat., 119[deg]14.63' W long.;
    (2) 32[deg]44.35' N lat., 119[deg]16.58' W long.;
    (3) 32[deg]40.85' N lat., 119[deg]11.61' W long.;
    (4) 32[deg]38.93' N lat., 119[deg]11.9' W long.;
    (5) 32[deg]41.32' N lat., 119[deg]18.11' W long.;
    (6) 32[deg]36.16' N lat., 119[deg]22.16' W long.;
    (7) 32[deg]33.09' N lat., 119[deg]21.89' W long.;
    (8) 32[deg]30.73' N lat., 119[deg]20.43' W long.;
    (9) 32[deg]28.94' N lat., 119[deg]15.4' W long.;
    (10) 32[deg]27.46' N lat., 119[deg]15.62' W long.;
    (11) 32[deg]24.58' N lat., 119[deg]9.83' W long.;
    (12) 32[deg]22.97' N lat., 119[deg]3' W long.;
    (13) 32[deg]22.03' N lat., 118[deg]56.26' W long.;
    (14) 32[deg]24.63' N lat., 118[deg]57.54' W long.;
    (15) 32[deg]34.72' N lat., 119[deg]10.24' W long.;
    (16) 32[deg]37.93' N lat., 119[deg]7.88' W long.;
    (17) 32[deg]36.55' N lat., 119[deg]4.42' W long.;
    (18) 32[deg]41.5' N lat., 119[deg]2.65' W long.;
    (19) 32[deg]45.98' N lat., 119[deg]10.71' W long.; and
    (20) 32[deg]46.01' N lat., 119[deg]14.63' W long.
    (o) The 125 fm (229 m) depth contour around San Nicholas Island off 
the state of California is defined by straight lines connecting all of 
the following points in the order stated:
    (1) 33[deg]31.65' N lat., 119[deg]44.84' W long.;
    (2) 33[deg]28.91' N lat., 119[deg]52.35' W long.;
    (3) 33[deg]25.39' N lat., 119[deg]51.44' W long.;
    (4) 33[deg]17.94' N lat., 119[deg]47.31' W long.;
    (5) 33[deg]15.33' N lat., 119[deg]43.4' W long.;
    (6) 33[deg]14.03' N lat., 119[deg]37.02' W long.;
    (7) 33[deg]11.49' N lat., 119[deg]29.58' W long.;
    (8) 33[deg]11.21' N lat., 119[deg]26.46' W long.;
    (9) 33[deg]12.9' N lat., 119[deg]15.74' W long.;
    (10) 33[deg]14.51' N lat., 119[deg]14.92' W long.;
    (11) 33[deg]14.76' N lat., 119[deg]17.07' W long.;
    (12) 33[deg]17.44' N lat., 119[deg]22.82' W long.;
    (13) 33[deg]21.37' N lat., 119[deg]27.53' W long.;
    (14) 33[deg]23.44' N lat., 119[deg]33.11' W long.; and
    (15) 33[deg]31.65' N lat., 119[deg]44.84' W long.
* * * * *
    (u) The 150 fm (274 m) depth contour around Santa Barbara Island 
off the state of California is defined by straight lines connecting all 
of the following points in the order stated:
    (1) 33[deg]34.6' N lat., 119[deg]4.57' W long.;
    (2) 33[deg]33.13' N lat., 119[deg]6.65' W long.;
    (3) 33[deg]28.13' N lat., 119[deg]8.17' W long.;
    (4) 33[deg]25.55' N lat., 119[deg]3.64' W long.;
    (5) 33[deg]26.96' N lat., 118[deg]59.58' W long.;
    (6) 33[deg]28.68' N lat., 118[deg]58.24' W long.; and
    (7) 33[deg]34.6' N lat., 119[deg]4.57' W long.;
    (v) The 150 fm (274 m) depth contour around Tanner Bank and Cortes 
Bank off the state of California is defined by straight lines 
connecting all of the following points in the order stated:
    (1) 32[deg]46.12' N lat., 119[deg]14.73' W long.;
    (2) 32[deg]44.37' N lat., 119[deg]16.82' W long.;
    (3) 32[deg]41.02' N lat., 119[deg]12.01' W long.;
    (4) 32[deg]39.28' N lat., 119[deg]12.18' W long.;
    (5) 32[deg]41.46' N lat., 119[deg]18.28' W long.;
    (6) 32[deg]36.17' N lat., 119[deg]22.31' W long.;
    (7) 32[deg]32.97' N lat., 119[deg]22' W long.;
    (8) 32[deg]30.57' N lat., 119[deg]20.54' W long.;
    (9) 32[deg]28.94' N lat., 119[deg]15.53' W long.;
    (10) 32[deg]27.45' N lat., 119[deg]15.79' W long.;
    (11) 32[deg]24.86' N lat., 119[deg]12.93' W long.;
    (12) 32[deg]21.43' N lat., 118[deg]55.1' W long.;
    (13) 32[deg]24.67' N lat., 118[deg]57.37' W long.;
    (14) 32[deg]34.34' N lat., 119[deg]9.28' W long.;
    (15) 32[deg]37.39' N lat., 119[deg]7.54' W long.;
    (16) 32[deg]36.38' N lat., 119[deg]4.32' W long.;
    (17) 32[deg]41.59' N lat., 119[deg]2.46' W long.;
    (18) 32[deg]46.07' N lat., 119[deg]10.68' W long.; and
    (19) 32[deg]46.12' N lat., 119[deg]14.73' W long.
    (w) The 150 fm (274 m) depth contour around San Nicholas Island off 
the state of California is defined by straight lines connecting all of 
the following points in the order stated:
    (1) 33[deg]33.22' N lat., 119[deg]46.7' W long.;
    (2) 33[deg]28.97' N lat., 119[deg]53.04' W long.;
    (3) 33[deg]24.67' N lat., 119[deg]51.27' W long.;
    (4) 33[deg]19.95' N lat., 119[deg]50.23' W long.;
    (5) 33[deg]13.07' N lat., 119[deg]41.99' W long.;
    (6) 33[deg]13.1' N lat., 119[deg]34.66' W long.;
    (7) 33[deg]11.45' N lat., 119[deg]29.57' W long.;
    (8) 33[deg]11.13' N lat., 119[deg]26.22' W long.;
    (9) 33[deg]11.8' N lat., 119[deg]20.64' W long.;
    (10) 33[deg]12.91' N lat., 119[deg]15.53' W long.;
    (11) 33[deg]14.52' N lat., 119[deg]14.72' W long.;
    (12) 33[deg]15.32' N lat., 119[deg]16.01' W long.;
    (13) 33[deg]14.78' N lat., 119[deg]16.97' W long.;
    (14) 33[deg]15.73' N lat., 119[deg]19.02' W long.;
    (15) 33[deg]16.73' N lat., 119[deg]18.97' W long.;
    (16) 33[deg]19.37' N lat., 119[deg]24.95' W long.;
    (17) 33[deg]21.69' N lat., 119[deg]27.44' W long.;
    (18) 33[deg]23.82' N lat., 119[deg]32.87' W long.; and
    (19) 33[deg]33.22' N lat., 119[deg]46.7' W long.
    (x) The 150 fm (274 m) depth contour around Osborn Bank off the 
state of California is defined by straight lines connecting all of the 
following points in the order stated:
    (1) 33[deg]23.53' N lat., 119[deg]3.73' W long.;
    (2) 33[deg]23.57' N lat., 119[deg]6.66' W long.;
    (3) 33[deg]23.12' N lat., 119[deg]7.25' W long.;
    (4) 33[deg]20.51' N lat., 119[deg]2.15' W long.;
    (5) 33[deg]20.58' N lat., 119[deg]0.48' W long.;
    (6) 33[deg]21.32' N lat., 118[deg]59.89' W long.; and
    (7) 33[deg]23.53' N lat., 119[deg]3.73' W long.

[[Page 59853]]

    (y) The 150 fm (274 m) depth contour around the Eastern CCA area 
off the state of California is defined by straight lines connecting all 
of the following points in the order stated:
    (1) 32[deg]41.41' N lat., 117[deg]59.05' W long.;
    (2) 32[deg]40.57' N lat., 118[deg]1.97' W long.;
    (3) 32[deg]40.04' N lat.,118[deg]1.23' W long.;
    (4) 32[deg]39.82' N lat., 118[deg]0.03' W long.;
    (5) 32[deg]38.02' N lat., 117[deg]57.86' W long.;
    (6) 32[deg]35.38' N lat., 117[deg]56.23' W long.;
    (7) 32[deg]36.68' N lat., 117[deg]55.02' W long.;
    (8) 32[deg]40.42' N lat., 117[deg]57.15' W long.; and
    (9) 32[deg]41.41' N lat., 117[deg]59.05' W long.
0
13. Amend Sec.  660.78 by:
0
a. Redesignating paragraphs (p) through (r) as paragraphs (s) through 
(u);
0
b. Redesignating paragraph (o) as paragraph (q);
0
c. Redesignating paragraphs (f) through (n) as paragraphs (g) through 
(o);
0
d. Adding new paragraph (f);
0
e. Adding new paragraph (p); and
0
f. Adding new paragraph (r).
    The revisions and additions read as follows:


Sec.  660.78   EFHCAs off the Coast of Oregon.

* * * * *
    (f) Nehalem Bank East. The boundary of the Nehalem Bank East EFHCA 
is defined by straight lines connecting all of the following points in 
the order stated and connecting back to 45[deg]47.95' N lat., 
124[deg]31.70' W long.:
    (1) 45[deg]47.95' N lat., 124[deg]31.70' W long.;
    (2) 45[deg]52.28' N lat., 124[deg]38.46' W long.;
    (3) 45[deg]56.45' N lat., 124[deg]38.00' W long.;
    (4) 45[deg]58.33' N lat., 124[deg]38.75' W long.;
    (5) 46[deg]00.83' N lat., 124[deg]36.78' W long.;
    (6) 45[deg]59.94' N lat., 124[deg]34.63' W long.;
    (7) 45[deg]58.90' N lat., 124[deg]33.47' W long.;
    (8) 45[deg]54.27' N lat., 124[deg]30.73' W long.;
    (9) 45[deg]53.62 N lat., 124[deg]30.83' W long.;
    (10) 45[deg]52.90' N lat., 124[deg]30.67' W long.;
    (11) 45[deg]52.03 N lat., 124[deg]30.60' W long.;
    (12) 45[deg]51.75' N lat., 124[deg]30.85' W long.; and
    (13) 45[deg]51.53' N lat., 124[deg]31.15' W long.
* * * * *
    (p) Arago Reef West. The boundary of the Arago Reef West EFHCA is 
defined by straight lines connecting all of the following points in the 
order stated and connecting back to 43[deg]16.24' N lat., 
124[deg]27.66' W long.:
    (1) 43[deg]16.24' N lat., 124[deg]27.66' W long.;
    (2) 43[deg]14.23' N lat., 124[deg]29.28' W long.;
    (3) 43[deg]14.03' N lat., 124[deg]28.31' W long.;
    (4) 43[deg]11.92' N lat., 124[deg]28.26' W long.;
    (5) 43[deg]11.02' N lat., 124[deg]29.11' W long.;
    (6) 43[deg]10.13' N lat., 124[deg]29.15' W long.;
    (7) 43[deg]09.26' N lat., 124[deg]31.03' W long.;
    (8) 43[deg]08.60' N lat., 124[deg]30.98' W long.;
    (9) 43[deg]10.22' N lat., 124[deg]37.82' W long.;
    (10) 43[deg]16.91' N lat., 124[deg]37.50' W long.;
    (11) 43[deg]16.51' N lat., 124[deg]28.97' W long.;
    (12) 43[deg]16.88' N lat., 124[deg]28.16' W long.; and
    (13) 43[deg]16.24' N lat., 124[deg]27.66' W long.
* * * * *
    (r) Bandon High Spot East. The boundary of the Bandon High Spot 
East EFHCA is defined by straight lines connecting all of the following 
points in the order stated and connecting back to 42[deg]57.18' N lat., 
124[deg]46.01' W long.:
    (1) 42[deg]57.18' N lat., 124[deg]46.01' W long.;
    (2) 42[deg]56.10' N lat., 124[deg]47.48' W long.;
    (3) 42[deg]56.66' N lat., 124[deg]48.79' W long.;
    (4) 42[deg]55.02' N lat., 124[deg]50.45' W long.;
    (5) 42[deg]55.70' N lat., 124[deg]52.79' W long.;
    (6) 43[deg]03.91' N lat., 124[deg]50.81 W long.;
    (7) 43[deg]03.70' N lat., 124[deg]47.91' W long.;
    (8) 43[deg]03.20' N lat., 124[deg]47.52' W long.;
    (9) 43[deg]00.94' N lat., 124[deg]46.57' W long.; and
    (10) 42[deg]57.18' N lat., 124[deg]46.01' W long.
* * * * *
0
14. In Sec.  660.79, revise paragraphs (yy) introductory text and (zz) 
introductory text to read as follows:


Sec.  660.79  EHFCAs off the Coast of California.

* * * * *
    (yy) Potato Bank. The boundary of the Potato Bank EFHCA is defined 
by straight lines connecting all of the following points in the order 
stated and connecting back to 33[deg]11.00' N lat., 119[deg]55.67' W 
long.:
* * * * *
    (zz) Cherry Bank. The Cherry Bank EFH Conservation Area is defined 
by straight lines connecting all of the following points in the order 
stated and connecting back to 32[deg]59.00' N lat., 119[deg]32.05' W 
long.:
* * * * *

Subpart D [Amended]

0
15. In subpart D of part 660, revise all references to ``Cordell 
Banks'' to read ``Cordell Bank''.

Subpart E [Amended]

0
16. In subpart E of part 660, revise all references to ``Cordell 
Banks'' to read ``Cordell Bank''.
0
17. In Sec.  660.212, add paragraph
    (c)(3) to read as follows:


Sec.  660.212   Fixed gear fishery--prohibitions.

* * * * *
    (c) * * *
    (3) Fish inside the nontrawl RCA with any gear type other than 
those specified at Sec.  660.230(b)(6). In addition, a vessel may not 
carry more than one gear type as specified at Sec.  660.230(b)(6) on 
board while declared to fish inside the nontrawl RCA (see Sec.  
660.13(d)(4)(iv)(A) for valid declarations for use inside the nontrawl 
RCA).
* * * * *
0
18. Amend Sec.  660.230 by:
0
a. Revising paragraph (a);
0
b. Adding paragraph (b)(6);
0
c. Revising paragraphs (d)(5) through (13); and
0
d. Adding new paragraphs (d)(14) through (17).
    The additions and revisions read as follows:


Sec.  660.230  Fixed gear fishery--management measures.

    (a) General. Most species taken in limited entry fixed gear 
(longline and pot/trap) fisheries will be managed with cumulative trip 
limits (see trip limits in Tables 2 (North) and 2 (South) of this 
subpart), size limits (see Sec.  660.60(h)(5)), seasons (see trip 
limits in Tables 2 (North) and 2 (South) of this subpart and sablefish 
primary season details in Sec.  660.231), gear restrictions (see 
paragraph (b) of this section), and closed areas (see paragraph (d) of 
this section and Sec. Sec.  660.70 through 660.79). Cowcod retention is 
prohibited in all fisheries, and groundfish vessels operating south of 
Point Conception must adhere to GEA restrictions (see paragraph (d)(17) 
of this section and Sec.  660.70). Yelloweye

[[Page 59854]]

rockfish retention is prohibited in the limited entry fixed gear 
fisheries. Regulations governing tier limits for the limited entry, 
fixed gear sablefish primary season north of 36[deg] N lat. are found 
in Sec.  660.231. Vessels not participating in the sablefish primary 
season are subject to daily or weekly sablefish limits in addition to 
cumulative limits for each cumulative limit period. Only one sablefish 
landing per week may be made in excess of the daily trip limit and, if 
the vessel chooses to make a landing in excess of that daily trip 
limit, then that is the only sablefish landing permitted for that week. 
The trip limit for black rockfish caught with hook-and-line gear also 
applies, see Sec.  660.230(e). The trip limits in Table 2 (North) and 
Table 2 (South) of this subpart apply to vessels participating in the 
limited entry groundfish fixed gear fishery and may not be exceeded.
    (b) * * *
    (6) Gear for use in the Nontrawl RCA. Inside the nontrawl RCA, only 
legal non-bottom contact hook-and-line gear configurations may be used 
for target fishing for groundfish by vessels that participate in the 
limited entry fixed gear sector as defined at Sec.  660.11. On a 
fishing trip where any fishing will occur inside the nontrawl RCA, only 
one type of legal non-bottom contact gear may be carried on board, and 
no other fishing gear of any type may be carried on board or stowed 
during that trip. The vessel may fish inside and outside the nontrawl 
RCA on the same fishing trip, provided a valid declaration report as 
required at Sec.  660.13(d) has been filed with NMFS OLE. Legal non-
bottom contact hook-and-line gear means stationary vertical jig gear 
not anchored to the bottom and groundfish troll gear, subject to the 
specifications in paragraphs (b)(6)(i) and (ii) of this section.
    (i) Stationary vertical jig gear. The following requirements apply 
to stationary vertical jig gear:
    (A) Must be a minimum of 30 feet between the bottom weight and the 
lowest fishing hook;
    (B) No more than 4 vertical mainlines attached to or fished from 
the vessel (e.g., rod and reel) may be used in the water at one time 
with no more than 25 hooks on each mainline;
    (C) No more than 100 hooks may be in the water at one time, with no 
more than 25 extra hooks on board the vessel.
    (ii) Groundfish troll gear. The following requirements apply to 
groundfish troll gear:
    (A) Must be a minimum of 50 feet between the bottom weight and the 
troll wire's connection to the horizontal mainline;
    (B) No more than one mainline attached to or fished form the vessel 
may be used in the water at one time;
    (C) No more than 500 hooks may be in the water at one time, with no 
more than 25 extra hooks on board the vessel;
    (D) Hooks must be spaced apart by a visible maker (e.g., floats, 
line wraps, colored line splices), with no more than 25 hooks between 
each marker and no more than 20 markers on the mainline; and
    (E) Natural bait or weighted hooks may not be used nor be on board 
the vessel. Artificial lures and bait are permitted.
* * * * *
    (d) * * *
    (5) Tillamook YRCA. The latitude and longitude coordinates that 
define the Tillamook YRCA boundaries are specified at Sec.  660.70, 
subpart C. Fishing with limited entry fixed gear is prohibited within 
the Tillamook YRCA on dates when the closure is in effect. It is 
unlawful to take and retain, possess, or land groundfish taken with 
limited entry fixed gear within the Tillamook YRCA on dates when the 
closure is in effect. The closure is not in effect at this time. This 
closure may be implemented through inseason adjustment. Limited entry 
fixed gear vessels may transit through the Tillamook YRCA at any time, 
with or without groundfish on board.
    (6) Newport YRCA. The latitude and longitude coordinates that 
define the Newport YRCA boundaries are specified at Sec.  660.70, 
subpart C. Fishing with limited entry fixed gear is prohibited within 
the Newport YRCA on dates when the closure is in effect. It is unlawful 
to take and retain, possess, or land groundfish taken with limited 
entry fixed gear within the Newport YRCA on dates when the closure is 
in effect. The closure is not in effect at this time. This closure may 
be implemented through inseason adjustment. Limited entry fixed gear 
vessels may transit through the Newport YRCA at any time, with or 
without groundfish on board.
    (7) Florence YRCA. The latitude and longitude coordinates that 
define the Florence YRCA boundaries are specified at Sec.  660.70, 
subpart C. Fishing with limited entry fixed gear is prohibited within 
the Florence YRCA on dates when the closure is in effect. It is 
unlawful to take and retain, possess, or land groundfish taken with 
limited entry fixed gear within the Florence YRCA on dates when the 
closure is in effect. The closure is not in effect at this time. This 
closure may be implemented through inseason adjustment. Limited entry 
fixed gear vessels may transit through the Florence YRCA at any time, 
with or without groundfish on board.
    (8) Heceta Bank YRCA. The latitude and longitude coordinates that 
define the Heceta Bank YRCA boundaries are specified at Sec.  660.70, 
subpart C. Fishing with limited entry fixed gear is prohibited within 
the Heceta Bank YRCA on dates when the closure is in effect. It is 
unlawful to take and retain, possess, or land groundfish taken with 
limited entry fixed gear within the Heceta Bank YRCA on dates when the 
closure is in effect. The closure is currently in effect. This closure 
may be modified through inseason adjustment. Limited entry fixed gear 
vessels may transit through the Heceta Bank YRCA at any time, with or 
without groundfish on board.
    (9) Point St. George YRCA. The latitude and longitude coordinates 
of the Point St. George YRCA boundaries are specified at Sec.  660.70, 
subpart C. Fishing with limited entry fixed gear is prohibited within 
the Point St. George YRCA, on dates when the closure is in effect. It 
is unlawful to take and retain, possess, or land groundfish taken with 
limited entry fixed gear within the Point St. George YRCA, on dates 
when the closure is in effect. The closure is not in effect at this 
time. This closure may be imposed through inseason adjustment. Limited 
entry fixed gear vessels may transit through the Point St. George YRCA, 
at any time, with or without groundfish on board.
    (10) South Reef YRCA. The latitude and longitude coordinates of the 
South Reef YRCA boundaries are specified at Sec.  660.70, subpart C. 
Fishing with limited entry fixed gear is prohibited within the South 
Reef YRCA, on dates when the closure is in effect. It is unlawful to 
take and retain, possess, or land groundfish taken with limited entry 
fixed gear within the South Reef YRCA, on dates when the closure is in 
effect. The closure is not in effect at this time. This closure may be 
imposed through inseason adjustment. Limited entry fixed gear vessels 
may transit through the South Reef YRCA, at any time, with or without 
groundfish on board.
    (11) Reading Rock YRCA. The latitude and longitude coordinates of 
the Reading Rock YRCA boundaries are specified at Sec.  660.70, subpart 
C. Fishing with limited entry fixed gear is prohibited within the 
Reading Rock YRCA, on dates when the closure is in effect. It is 
unlawful to take and retain, possess, or land groundfish taken with 
limited entry fixed gear within the Reading Rock YRCA, on dates when 
the closure is in effect. The closure is not in effect at this time. 
This closure may be

[[Page 59855]]

imposed through inseason adjustment. Limited entry fixed gear vessels 
may transit through the Reading Rock YRCA, at any time, with or without 
groundfish on board.
    (12) Point Delgada (North) YRCA. The latitude and longitude 
coordinates of the Point Delgada (North) YRCA boundaries are specified 
at Sec.  660.70, subpart C. Fishing with limited entry fixed gear is 
prohibited within the Point Delgada (North) YRCA, on dates when the 
closure is in effect. It is unlawful to take and retain, possess, or 
land groundfish taken with limited entry fixed gear within the Point 
Delgada (North) YRCA, on dates when the closure is in effect. The 
closure is not in effect at this time. This closure may be imposed 
through inseason adjustment. Limited entry fixed gear vessels may 
transit through the Point Delgada (North) YRCA, at any time, with or 
without groundfish on board.
    (13) Point Delgada (South) YRCA. The latitude and longitude 
coordinates of the Point Delgada (South) YRCA boundaries are specified 
at Sec.  660.70, subpart C. Fishing with limited entry fixed gear is 
prohibited within the Point Delgada (South) YRCA, on dates when the 
closure is in effect. It is unlawful to take and retain, possess, or 
land groundfish taken with limited entry fixed gear within the Point 
Delgada (South) YRCA, on dates when the closure is in effect. The 
closure is not in effect at this time. This closure may be imposed 
through inseason adjustment. Limited entry fixed gear vessels may 
transit through the Point Delgada (South) YRCA, at any time, with or 
without groundfish on board.
    (14) Nontrawl Rockfish Conservation Area (RCA). The nontrawl RCA is 
defined at Sec.  660.11 and with latitude and longitude coordinates, at 
Sec. Sec.  660.71 through 660.74, where fishing for groundfish with 
nontrawl gear is prohibited. Boundaries for the nontrawl RCA throughout 
the year are provided in the header to Table 2 (North) and Table 2 
(South) of this subpart and may be modified by NMFS inseason pursuant 
to Sec.  660.60(c).
    (i) It is unlawful to operate a vessel with limited entry nontrawl 
gear in the nontrawl RCA, except for the purpose of continuous transit, 
or when the use of limited entry nontrawl gear is authorized in this 
section. It is unlawful to take and retain, possess, or land groundfish 
taken with limited entry nontrawl gear within the nontrawl RCA, unless 
otherwise authorized in this section.
    (ii) Limited entry nontrawl vessels may transit through the 
nontrawl RCA, with or without groundfish on board, provided all 
groundfish nontrawl gear is stowed either: Below deck; or if the gear 
cannot readily be moved, in a secured and covered manner, detached from 
all lines, so that it is rendered unusable for fishing.
    (iii) The nontrawl RCA restrictions in this section apply to 
vessels registered to limited entry fixed gear permits fishing for 
species other than groundfish with nontrawl gear on trips where 
groundfish species are retained. Unless otherwise authorized in this 
section, a vessel may not retain any groundfish taken on a fishing trip 
for species other than groundfish that occurs within the nontrawl RCA. 
If a vessel fishes in a non-groundfish fishery in the nontrawl RCA, it 
may not participate in any fishing for groundfish on that trip that is 
prohibited within the nontrawl RCA. [For example, if a vessel fishes in 
the salmon troll fishery within the RCA, the vessel cannot on the same 
trip fish in the sablefish fishery outside of the RCA.]
    (iv) It is lawful to fish within the nontrawl RCA with limited 
entry fixed gear using hook and line gear only when trip limits 
authorize such fishing, and provided a valid declaration report as 
required at Sec.  660.13(d), subpart C, has been filed with NMFS OLE.
    (v) It is lawful to fish within the nontrawl RCA under the limited 
entry fixed gear trip limits specified in Table 2 (North) and Table 2 
(South) of this subpart only when using the non-bottom contact hook-
and-line gear types described at Sec.  660.230(b)(6), and provided a 
valid declaration report as required at Sec.  660.13(d), subpart C, has 
been filed with NMFS OLE.
    (15) Farallon Islands. Under California law, commercial fishing for 
all groundfish is prohibited between the shoreline and the 10 fm (18 m) 
depth contour around the Farallon Islands. An exception to this 
prohibition is that commercial fishing for ``other flatfish'' is 
allowed around the Farallon Islands using hook and line gear only. (See 
Table 2 (South) of this subpart.) For a definition of the Farallon 
Islands, see Sec.  660.70, subpart C.
    (16) Cordell Bank. Commercial fishing for groundfish is prohibited 
in waters of depths less than 100 fm (183 m) around Cordell Bank, as 
defined by specific latitude and longitude coordinates at Sec.  660.70, 
subpart C. An exception to this prohibition is that commercial fishing 
for ``other flatfish'' is allowed around Cordell Bank using hook and 
line gear only.
    (17) Groundfish exclusion areas (GEAs). The GEAs are closed areas 
in the Southern California Bight, defined by specific latitude and 
longitude coordinates (specified at Sec.  660.70) where commercial and 
recreational fishing for groundfish is prohibited. It is unlawful to 
fish for, take and retain, possess (except for the purpose of 
continuous transit) or land groundfish within the GEAs. All fishing 
gear for targeting groundfish must be stowed while transiting through a 
GEA. If fishing for non-groundfish species within a GEA, then no 
groundfish may be on board the vessel.
* * * * *
0
19. In Sec.  660 Subpart E, revise Table 2 North and Table 2 South to 
read as follows:

Section 660 Subpart E Table 2 North and Table 2 South

[[Page 59856]]

[GRAPHIC] [TIFF OMITTED] TP30AU23.001


[[Page 59857]]


[GRAPHIC] [TIFF OMITTED] TP30AU23.002

Subpart F [Amended]

0
20. In subpart F of part 660, revise all references to ``Cordell 
Banks'' to read ``Cordell Bank''.
0
21. In Sec.  660.312, revise paragraph (d)(7) and add paragraph (d)(8) 
to read as follows:


Sec.  660.31  2 Open access fishery--prohibitions.

* * * * *
    (d) * * *
    (7) Fish with bottom trawl gear (defined at Sec.  660.11), other 
than demersal seine, unless otherwise specified in this section or 
Sec.  660.330, within the EEZ in the following EFHCAs (defined at Sec.  
660.79): Brush Patch, Trinidad Canyon, Mad River Rough Patch, Samoa 
Deepwater, Eel River Canyon, Blunts Reef, Mendocino Ridge, Delgada 
Canyon, Tolo Bank, Navarro Canyon, Point Arena North, Point Arena South 
Biogenic Area, the Football, Gobbler's Knob, Point Reyes Reef, Cordell 
Bank/Biogenic Area, Rittenburg Bank, Farallon Islands/Fanny Shoal/
Cochrane Bank, Farallon Escarpment, Half Moon Bay, Pescadero Reef, 
Pigeon Point Reef, Ascension

[[Page 59858]]

Canyonhead, South of Davenport, Monterey Bay/Canyon, West of Sobranes 
Point, Point Sur Deep, Big Sur Coast/Port San Luis, La Cruz Canyon, 
West of Piedras Blancas State Marine Conservation Area, East San Lucia 
Bank, Point Conception, Hidden Reef/Kidney Bank, Catalina Island, 
Potato Bank, Cherry Bank, Cowcod EFHCA East, and Southern California 
Bight.
    (8) Fish inside the nontrawl RCA with any gear type other than 
those specified at Sec.  660.330(b)(3). In addition, a vessel may not 
carry more than one gear type as specified at Sec.  660.330(b)(3) on 
board while declared to fish inside the nontrawl RCA (see 
Sec. 660.13(d)(4)(iv)(A) for valid declarations for use inside the 
nontrawl RCA).
0
22. Amend Sec.  660.330 by:
0
a. Revising paragraph (a);
0
b. Revising paragraph (b)(3) introductory text;
0
c. Revising paragraph (b)(3)(i)(A) and (B);
0
d. Removing paragraph (b)(3)(i)(D);
0
e. Revising paragraph (b)(3)(ii)(B);
0
f. Revising paragraphs (d)(5) through (15); and
0
g. Adding new paragraphs (d)(16) through (19).
    The revisions and additions read as follows:


Sec.  660.330   Open access fishery--management measures.

    (a) General. Groundfish species taken in open access fisheries will 
be managed with cumulative trip limits (see trip limits in Tables 3 
(North) and 3 (South) of this subpart), size limits (see Sec.  
660.60(h)(5)), seasons (see seasons in Tables 3 (North) and 3 (South) 
of this subpart), gear restrictions (see paragraph (b) of this 
section), and closed areas (see paragraph (d) of this section and 
Sec. Sec.  660.70 through 660.79). Unless otherwise specified, a vessel 
operating in the open access fishery is subject to, and must not exceed 
any trip limit, frequency limit, and/or size limit for the open access 
fishery. Cowcod retention is prohibited in all fisheries, and 
groundfish vessels operating south of Point Conception must adhere to 
GEA restrictions (see paragraph (d)(15) of this section and Sec.  
660.70). Retention of yelloweye rockfish is prohibited in all open 
access fisheries. For information on the open access daily/weekly trip 
limit fishery for sablefish, see Sec.  660.332 of this subpart and the 
trip limits in Tables 3 (North) and 3 (South) of this subpart. Open 
access vessels are subject to daily or weekly sablefish limits in 
addition to cumulative limits for each cumulative limit period. Only 
one sablefish landing per week may be made in excess of the daily trip 
limit and, if the vessel chooses to make a landing in excess of that 
daily trip limit, then that is the only sablefish landing permitted for 
that week. The trip limit for black rockfish caught with hook-and-line 
gear also applies (see paragraph (e) of this section). Open access 
vessels that fish with non-groundfish trawl gear or in the salmon troll 
fishery north of 40[deg]10' N lat. are subject the cumulative limits 
and closed areas (except the pink shrimp fishery which is not subject 
to RCA restrictions) listed in Tables 3 (North) and 3 (South) of this 
subpart.
    (b) * * *
    (3) Gear for use inside the Nontrawl RCA. Inside the nontrawl RCA, 
only legal non-bottom contact hook-and-line gear configurations may be 
used for target fishing for groundfish by vessels that participate in 
the open access sector as defined at Sec.  660.11. On a fishing trip 
where any fishing will occur inside the nontrawl RCA, only one type of 
legal non-bottom contact gear may be carried on board, and no other 
fishing gear of any type may be carried on board or stowed during that 
trip. The vessel may fish inside and outside the nontrawl RCA on the 
same fishing trip, provided a valid declaration report as required at 
Sec.  660.13(d) has been filed with NMFS OLE. Legal non-bottom contact 
hook-and-line gear means stationary vertical jig gear not anchored to 
the bottom and groundfish troll gear, subject to the specifications in 
paragraphs (b)(6)(i) and (ii) of this section.
    (i) * * *
    (A) Must be a minimum of 30 feet between the bottom weight and the 
lowest fishing hook;
    (B) No more than 4 vertical mainlines attached to or fished from 
the vessel (e.g., rod & reel) may be used in the water at one time with 
no more than 25 hooks on each mainline;
* * * * *
    (ii) * * *
    (B) No more than one mainline attached to or fished from the vessel 
may be used in the water at one time;
* * * * *
    (d) * * *
    (5) Tillamook YRCA. The latitude and longitude coordinates of the 
Tillamook YRCA boundaries are specified at Sec.  660.70, subpart C. 
Fishing with open access gear is prohibited within the Tillamook YRCA, 
on dates when the closure is in effect. It is unlawful to take and 
retain, possess, or land groundfish taken with open access gear within 
the Tillamook YRCA, on dates when the closure is in effect. The closure 
is not in effect at this time. This closure may be imposed through 
inseason adjustment. Open access vessels may transit through the 
Tillamook YRCA, at any time, with or without groundfish on board.
    (6) Newport YRCA. The latitude and longitude coordinates of the 
Newport YRCA boundaries are specified at Sec.  660.70, subpart C. 
Fishing with open access gear is prohibited within the Newport YRCA, on 
dates when the closure is in effect. It is unlawful to take and retain, 
possess, or land groundfish taken with open access gear within the 
Newport YRCA, on dates when the closure is in effect. The closure is 
not in effect at this time. This closure may be imposed through 
inseason adjustment. Open access vessels may transit through the 
Newport YRCA, at any time, with or without groundfish on board.
    (7) Florence YRCA. The latitude and longitude coordinates of the 
Florence YRCA boundaries are specified at Sec.  660.70, subpart C. 
Fishing with open access gear is prohibited within the Florence YRCA, 
on dates when the closure is in effect. It is unlawful to take and 
retain, possess, or land groundfish taken with open access gear within 
the Florence YRCA, on dates when the closure is in effect. The closure 
is not in effect at this time. This closure may be imposed through 
inseason adjustment. Open access vessels may transit through the 
Florence YRCA, at any time, with or without groundfish on board.
    (8) Heceta Bank YRCA. The latitude and longitude coordinates of the 
Heceta Bank YRCA boundaries are specified at Sec.  660.70, subpart C. 
Fishing with open access gear is prohibited within the Heceta Bank 
YRCA, on dates when the closure is in effect. It is unlawful to take 
and retain, possess, or land groundfish taken with open access gear 
within the Heceta Bank YRCA, on dates when the closure is in effect. 
The closure is in effect at this time. This closure may be imposed 
through inseason adjustment. Open access vessels may transit through 
the Heceta Bank YRCA, at any time, with or without groundfish on board.
    (9) Point St. George YRCA. The latitude and longitude coordinates 
of the Point St. George YRCA boundaries are specified at Sec.  660.70, 
subpart C. Fishing with open access gear is prohibited within the Point 
St. George YRCA, on dates when the closure is in effect. It is unlawful 
to take and retain, possess, or land groundfish taken with open access 
gear within the Point St. George YRCA, on dates when the closure is in 
effect. The closure is not in effect at this time. This closure may be 
imposed through inseason adjustment. Open access vessels may transit 
through the Point St. George YRCA, at any time, with or without 
groundfish on board.
    (10) South Reef YRCA. The latitude and longitude coordinates of the 
South

[[Page 59859]]

Reef YRCA boundaries are specified at Sec.  660.70, subpart C. Fishing 
with open access gear is prohibited within the South Reef YRCA, on 
dates when the closure is in effect. It is unlawful to take and retain, 
possess, or land groundfish taken with open access gear within the 
South Reef YRCA, on dates when the closure is in effect. The closure is 
not in effect at this time. This closure may be imposed through 
inseason adjustment. Open access gear vessels may transit through the 
South Reef YRCA, at any time, with or without groundfish on board.
    (11) Reading Rock YRCA. The latitude and longitude coordinates of 
the Reading Rock YRCA boundaries are specified at Sec.  660.70, subpart 
C. Fishing with open access gear is prohibited within the Reading Rock 
YRCA, on dates when the closure is in effect. It is unlawful to take 
and retain, possess, or land groundfish taken with open access gear 
within the Reading Rock YRCA, on dates when the closure is in effect. 
The closure is not in effect at this time. This closure may be imposed 
through inseason adjustment. Open access gear vessels may transit 
through the Reading Rock YRCA, at any time, with or without groundfish 
on board.
    (12) Point Delgada (North) YRCA. The latitude and longitude 
coordinates of the Point Delgada (North) YRCA boundaries are specified 
at Sec.  660.70, subpart C. Fishing with open access gear is prohibited 
within the Point Delgada (North) YRCA, on dates when the closure is in 
effect. It is unlawful to take and retain, possess, or land groundfish 
taken with open access gear within the Point Delgada (North) YRCA, on 
dates when the closure is in effect. The closure is not in effect at 
this time. This closure may be imposed through inseason adjustment. 
Open access gear vessels may transit through the Point Delgada (North) 
YRCA, at any time, with or without groundfish on board.
    (13) Point Delgada (South) YRCA. The latitude and longitude 
coordinates of the Point Delgada (South) YRCA boundaries are specified 
at Sec.  660.70, subpart C. Fishing with open access gear is prohibited 
within the Point Delgada (South) YRCA, on dates when the closure is in 
effect. It is unlawful to take and retain, possess, or land groundfish 
taken with open access gear within the Point Delgada (South) YRCA, on 
dates when the closure is in effect. The closure is not in effect at 
this time. This closure may be imposed through inseason adjustment. 
Open access gear vessels may transit through the Point Delgada (South) 
YRCA, at any time, with or without groundfish on board.
    (14) Salmon Troll Yelloweye Rockfish Conservation Area (YRCA). The 
latitude and longitude coordinates of the Salmon Troll YRCA boundaries 
are specified in the groundfish regulations at Sec.  660.70, subpart C, 
and in the salmon regulations at Sec.  660.405. Fishing with salmon 
troll gear is prohibited within the Salmon Troll YRCA. It is unlawful 
for commercial salmon troll vessels to take and retain, possess, or 
land fish taken with salmon troll gear within the Salmon Troll YRCA. 
Open access vessels may transit through the Salmon Troll YRCA with or 
without fish on board.
    (15) Nontrawl rockfish conservation area for the open access 
fisheries. The nontrawl RCAs are closed areas, defined by specific 
latitude and longitude coordinates (specified at Sec. Sec.  660.70 
through 660.73, subpart C) designed to approximate specific depth 
contours, where fishing for groundfish with nontrawl gear is 
prohibited. Boundaries for the nontrawl RCA throughout the year are 
provided in the open access trip limit tables, Table 3 (North) and 
Table 3 (South) of this subpart and may be modified by NMFS inseason 
pursuant to Sec.  660.60(c).
    (i) It is unlawful to operate a vessel in the nontrawl RCA that has 
nontrawl gear onboard and is not registered to a limited entry permit 
on a trip in which the vessel is used to take and retain or possess 
groundfish in the EEZ, or land groundfish taken in the EEZ, except for 
the purpose of continuous transiting, or when the use of nontrawl gear 
is authorized in part 660.
    (ii) On any trip on which a groundfish species is taken with 
nontrawl open access gear and retained, the open access nontrawl vessel 
may transit through the nontrawl RCA only if all groundfish nontrawl 
gear is stowed either: Below deck; or if the gear cannot readily be 
moved, in a secured and covered manner, detached from all lines, so 
that it is rendered unusable for fishing.
    (iii) The nontrawl RCA restrictions in this section apply to 
vessels taking and retaining or possessing groundfish in the EEZ, or 
landing groundfish taken in the EEZ. Unless otherwise authorized by 
part 660, a vessel may not retain any groundfish taken on a fishing 
trip for species other than groundfish that occurs within the nontrawl 
RCA. If a vessel fishes in a non-groundfish fishery in the nontrawl 
RCA, it may not participate in any fishing for groundfish on that trip 
that is prohibited within the nontrawl RCA. [For example, if a vessel 
fishes in the salmon troll fishery within the RCA, the vessel cannot on 
the same trip fish in the sablefish fishery outside of the RCA.]
    (iv) Fishing for ``other flatfish'' off California (between 42[deg] 
N lat. south to the U.S./Mexico border) is allowed within the nontrawl 
RCA with hook and line gear only; and provided a valid declaration 
report as required at Sec.  660.13(d), has been filed with NMFS OLE.
    (v) Target fishing for groundfish off Oregon and California 
(between 46[deg]16' N lat. and the U.S./Mexico border) is allowed 
within the nontrawl RCA for vessels participating in the directed open 
access sector as defined at Sec.  660.11, subject to the gear 
restrictions at Sec.  660.330(b)(3)(i-ii), and provided a valid 
declaration report as required at Sec.  660.13(d) has been filed with 
NMFS OLE.
    (16) Non-groundfish trawl rockfish conservation areas for the open 
access non-groundfish trawl fisheries. The non-groundfish trawl RCAs 
are closed areas, defined by specific latitude and longitude 
coordinates (specified at Sec. Sec.  660.70 through 660.74, subpart C) 
designed to approximate specific depth contours, where fishing for 
groundfish with nontrawl gear is prohibited. Boundaries for the 
nontrawl RCA throughout the year are provided in the open access trip 
limit tables, Table 3 (North) and Table 3 (South) of this subpart and 
may be modified by NMFS in season pursuant to Sec.  660.60(c).
    (i) It is unlawful to operate a vessel in the non-groundfish trawl 
RCA with non-groundfish trawl gear onboard, except for the purpose of 
continuous transiting, or when the use of trawl gear is authorized in 
part 660. It is unlawful to take and retain, possess, or land 
groundfish taken with non-groundfish trawl gear within the nontrawl 
RCA, unless otherwise authorized in part 660.
    (ii) Non-groundfish trawl vessels may transit through the non-
groundfish trawl RCA, with or without groundfish on board, provided all 
non-groundfish trawl gear is stowed either: Below deck; or if the gear 
cannot readily be moved, in a secured and covered manner, detached from 
all towing lines, so that it is rendered unusable for fishing; or 
remaining on deck uncovered if the trawl doors are hung from their 
stanchions and the net is disconnected from the doors.
    (iii) The non-groundfish trawl RCA restrictions in this section 
apply to vessels taking and retaining or possessing groundfish in the 
EEZ, or landing groundfish taken in the EEZ. Unless otherwise 
authorized by Part 660, it is unlawful for a vessel to retain any 
groundfish taken on a fishing trip for species other than groundfish 
that

[[Page 59860]]

occurs within the non-groundfish trawl RCA. If a vessel fishes in a 
non-groundfish fishery in the non-groundfish trawl RCA, it may not 
participate in any fishing on that trip that is prohibited within the 
non-groundfish trawl RCA. Nothing in these Federal regulations 
supersedes any state regulations that may prohibit trawling shoreward 
of the fishery management area (3-200 nm).
    (iv) It is lawful to fish with non-groundfish trawl gear within the 
non-groundfish trawl RCA only under the following conditions:
    (A) Pink shrimp trawling is permitted in the non-groundfish trawl 
RCA when a valid declaration report as required at Sec.  660.12(d), 
subpart C, has been filed with NMFS OLE. Groundfish caught with pink 
shrimp trawl gear may be retained anywhere in the EEZ and are subject 
to the limits in Table 3 (North) and Table 3 (South) of this subpart.
    (B) When the shoreward line of the trawl RCA is shallower than 100 
fm (183 m), vessels using ridgeback prawn trawl gear south of 
34[deg]27.00' N lat. may operate out to the 100 fm (183 m) boundary 
line specified at Sec.  660.73, when a valid declaration report as 
required at Sec.  660.13(d), has been filed with NMFS OLE. Groundfish 
caught with ridgeback prawn trawl gear are subject to the limits in 
Table 3 (North) and Table 3 (South) of this subpart.
    (17) Farallon Islands. Under California law, commercial fishing for 
all groundfish is prohibited between the shoreline and the 10 fm (18 m) 
depth contour around the Farallon Islands. An exception to this 
prohibition is that commercial fishing for ``other flatfish'' is 
allowed around the Farallon Islands using hook and line gear only. (See 
Table 2 (South) of this subpart.) For a definition of the Farallon 
Islands, see Sec.  660.70, subpart C.
    (18) Cordell Bank. Commercial fishing for groundfish is prohibited 
in waters of depths less than 100-fm (183-m) around Cordell Bank, as 
defined by specific latitude and longitude coordinates at Sec.  660.70, 
subpart C. An exception to this prohibition is that commercial fishing 
for ``other flatfish'' is allowed around Cordell Bank using hook and 
line gear only.
    (19) Groundfish exclusion areas (GEAs). The GEAs are closed areas 
in the Southern California Bight, defined by specific latitude and 
longitude coordinates (specified at Sec.  660.70) where commercial and 
recreational fishing for groundfish is prohibited. It is unlawful to 
fish for, take and retain, possess (except for the purpose of 
continuous transit) or land groundfish within the GEAs. All fishing 
gear for targeting groundfish must be stowed while transiting through a 
GEA. If fishing for non-groundfish species within a GEA, then no 
groundfish may be on board the vessel.
* * * * *
0
23. In Sec.  660 Subpart E, revise Table 3 North and Table 3 South to 
read as follows:

Section 660 Subpart F Table 3 North and Table 3 South

[[Page 59861]]

[GRAPHIC] [TIFF OMITTED] TP30AU23.003


[[Page 59862]]


[GRAPHIC] [TIFF OMITTED] TP30AU23.004


[[Page 59863]]



Subpart G [Amended]

0
24. In subpart G of part 660, revise all references to ``Cordell 
Banks'' to read ``Cordell Bank''.
0
25. Amend Sec.  660.360 by revising paragraphs (c)(3)(i)(B) and 
(c)(3)(iv)(A) to read as follows:


Sec.  660.360  Recreational fishery--management measures.

* * * * *
    (c) * * *
    (3) * * *
    (i) * * *
    (B) Groundfish exclusion areas (GEAs). The GEAs are closed areas in 
the Southern California Bight, defined by specific latitude and 
longitude coordinates (specified at Sec.  660.70) where commercial and 
recreational fishing for groundfish is prohibited. It is unlawful to 
fish for, take and retain, possess (except for the purpose of 
continuous transit) or land groundfish within the GEAs. Recreational 
fishing gear for targeting groundfish may not be deployed while 
transiting through a GEA. If fishing for non-groundfish species within 
a GEA, then no groundfish may be on board the vessel.
* * * * *
    (iv) * * *
    (A) Seasons. Recreational fishing for ``Other Flatfish,'' petrale 
sole, and starry flounder is open from January 1 through December 31. 
When recreational fishing for ``Other Flatfish,'' petrale sole, and 
starry flounder is open, it is permitted both outside and within the 
recreational RCAs described in paragraph (c)(3)(i) of this section.
* * * * *
[FR Doc. 2023-18411 Filed 8-29-23; 8:45 am]
BILLING CODE 3510-22-P

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