[Federal Register Volume 72, Number 152 (Wednesday, August 8, 2007)]
[Proposed Rules]
[Pages 44469-44482]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-15339]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 660

[Docket No. 070703215-7215-01]
RIN 0648-AU08


Fisheries Off West Coast States; Pacific Coast Groundfish 
Fishery; Vessel Monitoring System; Open Access Fishery

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

ACTION: Proposed rule; request for comments.

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SUMMARY: NMFS issues this proposed rule to require all vessels fishing 
pursuant to the harvest guidelines, quotas, and other management 
measures governing the open access groundfish fishery, and all trawl 
vessels to provide declaration reports and to activate and use a vessel 
monitoring system (VMS) transceiver while fishing off the coasts of 
Washington, Oregon and California. NMFS has implemented a series of 
large-scale geographically-defined closed areas intended to: Minimize 
the bycatch of overfished groundfish species, minimize the bycatch of 
protected salmon species, and protect Essential Fish Habitat (EFH) from 
harm through contact with fishing gear. This action is intended to 
improve the monitoring of compliance with those closed areas through 
regular VMS transmissions of vessel locations for those vessel subject 
to groundfish closed area restrictions.

DATES: Comments must be received by September 7, 2007.

ADDRESSES: You may submit comments, identified by RIN 0648-AU08 by any 
of the following methods:
    E-mail: [email protected]: Include RIN 0648-AU08 in the 
subject line of the message.
    Federal eRulemaking Portal: http://www.regulations.gov. Follow the 
instructions for submitting comments.
    Fax: 206-526-6736, Attn: Becky Renko.
    Mail: D. Robert Lohn, Administrator, Northwest Region, NMFS, 7600 
Sand Point Way, NE., Seattle, WA 98115-0070, Attn: Becky Renko.
    Copies of the Environmental Assessment/Regulatory Impact Review/
Initial Regulatory Flexibility Analysis (EA/RIR/IRFA) prepared for this 
action may be obtained from the Pacific

[[Page 44470]]

Fishery Management Council (Council) by writing to the Council at 7700, 
NE., Ambassador Place, Portland, OR 97220, phone: 503-820-2280, or may 
be obtained from the Sustainable Fisheries Division, Northwest Region, 
NMFS, 7600 Sand Point Way, NE., BIN C15700, Bldg. 1, Seattle, WA 98115-
0070.
    Written comments regarding the burden-hour estimates or other 
aspects of the collection-of-information requirements contained in this 
proposed rule may be submitted to NMFS Northest Region and by e-mail to 
[email protected] or fax to (202) 395-7285.

FOR FURTHER INFORMATION CONTACT: Becky Renko, phone: 206-526-6110; fax: 
206-526-6736; or e-mail: [email protected].

SUPPLEMENTARY INFORMATION:

Electronic Access

    This proposed rule is accessible via the Internet at the Office of 
the Federal Register's Web site at http:// www.access.gpo.gov/su_docs/aces/aces140.html. Background information and documents are available 
at the NMFS Northwest Region Web site at http://www.nwr.noaa.gov and at 
the Council's Web site at http://www.pcouncil.org.

Background

    The Federal groundfish fishery off the Washington, Oregon, and 
California coasts is managed pursuant to the Magnuson-Stevens Fishery 
Conservation and Management Act (Magnuson-Stevens Act) and the Pacific 
Coast Groundfish FMP. The FMP was developed by the Council. Regulations 
implementing the FMP appear at 50 CFR part 660 subpart G.
    A VMS transceiver is an electronic device that is installed on a 
vessel to monitor the vessel's position in relation to geographically 
defined areas. VMS transceivers use Global Positioning System (GPS) 
satellites to determine the vessel's position and then transmit that 
position to a communications satellite. From the communications 
satellite, the vessel's position is transmitted to a land-earth station 
operated by a communications service company. From the land-earth 
station, the position is transmitted to the NMFS Office for Law 
Enforcement (OLE) processing center where the information is validated 
and analyzed before being disseminated for surveillance, enforcement, 
and fisheries management purposes.
    The VMS transceiver documents a vessel's position at a specific 
point in time. The frequency with which position reports are 
transmitted depends on the defined need of the monitoring program. 
Position transmissions can be made on a predetermined schedule, such as 
hourly, or upon request from the OLE processing center. Position 
reports on at least an hourly basis are currently required in the 
Pacific Coast groundfish fishery. A vessel operator is unable to alter 
the VMS transmission signal or the time of transmission. In most cases, 
the vessel operator is unaware of exactly when the VMS unit is 
transmitting. VMS transceivers are designed to be tamper resistant.
    To assure compatibility with the OLE national monitoring center, 
NMFS requires that VMS systems meet defined standards (58 FR 49285, 
September 23, 1993; 59 FR 151180, March 31, 1994; 70 FR 61941, October 
27, 2005) while recognizing the need to promulgate regulations and 
approve systems on a fishery-by-fishery basis. VMS transceiver units 
approved by NMFS are referred to as type-approved models. All type-
approved models must have basic features identified and endorsed by 
NMFS; however, additional features may be added to better meet the 
needs of a particular fishery or a particular vessel owner. On November 
17, 2003 (68 FR 64860), NMFS published a notice identifying VMS 
transceiver units and communication service providers that are type-
approved for the Pacific Coast groundfish fishery. In the future, new 
transceiver units and communication service providers may be added to 
the type-approved list. Similarly, outdated units may be removed. Any 
such changes to the list of type-approved transceiver units and 
communication service providers will be announced in the Federal 
Register and made available to the public on the NMFS Northwest 
Region's groundfish Web page for VMS (http://www.nwr.noaa.gov).
    Information collected under a VMS program is subject to the 
confidentiality provisions of Section 402 of the Magnuson-Stevens Act, 
16 U.S.C. 1881a(b), and implementing regulations at 50 CFR part 600, 
subpart E. These authorities specify who may access and use the 
information and for what purposes.

Depth-based Management

    Large-scale depth-based management areas, referred to as groundfish 
conservation areas (GCAs), are used to prohibit or restrict commercial 
and recreational groundfish fishing. The Rockfish Conservation Areas 
(RCAs) are a sub-group of the GCAs that were specifically designed to 
reduce the catch of overfished rockfish species at times and depths 
where they are most abundant. The boundaries used to define the RCAs 
are complex. The boundaries of RCAs are straight lines connecting 
hundreds of points of latitude and longitude that approximate fathom 
curves for depth ranges relating to where overfished rockfish species 
are commonly found. Each RCA is gear specific, so that groundfish 
fishing (either directed or incidental) with gears that tend to catch 
particular species is restricted or prohibited in areas where the 
overfished species are most vulnerable. The RCAs are vast, cover much 
of the continental shelf, and extend along the entire West Coast from 
Canada to Mexico.
    Deep-water fisheries on the continental slope and nearshore 
fisheries have been permitted in areas seaward or shoreward of the 
RCAs. Vessels intending to fish in the deep-water slope fisheries 
seaward of the westernmost boundary of an RCA are allowed to transit 
through the RCAs. Target fisheries with measurably low catch rates of 
overfished species, such as midwater trawling for pelagic species, and 
shrimp trawling with finfish excluders, have been allowed to occur 
within the RCAs. Various state-managed fisheries where groundfish are 
incidentally taken also occur in the RCAs.
    Traditional enforcement methods (aerial surveillance, boarding at 
sea via patrol boats, landing inspections and documentary 
investigation) are not as effective as VMS when the closed areas are 
large-scale and the lines defining the areas are irregular. 
Furthermore, when management measures allow some gear types and target 
fishing in all or a portion of the conservation area, while other 
fishing activities are prohibited, it is difficult and costly to 
effectively enforce closures using traditional methods alone. Scarce 
state and Federal resources also limit the use of traditional 
enforcement methods.
    At its November 2002 meeting, the Council recommended that NMFS 
implement a VMS pilot program for monitoring compliance with GCA and 
RCA restrictions and to ensure the integrity of the depth-based 
management measures. NMFS prepared proposed and final rules that 
required all vessels registered to Pacific Coast groundfish fishery 
limited entry permits to carry and use a basic VMS transceiver unit 
(capable of one-way communications) while fishing off the coasts of 
Washington, Oregon and California (68 FR 27972, May 22,2003; 68 FR 
62374, November 4, 2003). The VMS rule also required all limited entry 
vessels and any other commercial or tribal vessel using trawl gear, 
(including exempted gear used to take pink shrimp,

[[Page 44471]]

spot and ridgeback prawns, California halibut, and sea cucumber) to 
send declaration reports to identify their intent to fish within a 
conservation area with trawl gear when trawl gear would otherwise be 
prohibited. The pilot VMS program was implemented on January 1, 2004.

Expansion of the VMS Program

    The Council's Ad Hoc VMS Committee, which is comprised of state, 
Federal and industry representatives, held a public meeting in October 
2003 to consider expansion of the VMS program beyond the limited entry 
fisheries. The committee determined that commercial vessels that fish 
in the EEZ and that land groundfish should be considered for the next 
phase of the VMS program. The committee identified criteria for 
prioritizing expansion of the VMS program. Although the charter and 
private sectors of the recreational fishery were considered, the 
committee determined that an area-by-area evaluation of the groundfish 
impacts by the recreational participants was necessary before a final 
committee recommendation could be made. The Council considered the Ad 
Hoc VMS Committee's recommendations for expanding the VMS program at 
its November 2003 meeting, but determined that further information on 
the progress of the VMS pilot program was first needed. Reports on the 
VMS pilot program were provided by OLE at subsequent Council meetings.
    At the Council's September 2004 meeting, NMFS presented a draft EA 
that analyzed five VMS coverage alternatives for the open access 
fishery. These alternatives were based on the Ad Hoc VMS Committee's 
October 2003 recommendations to the Council. The Council reviewed the 
alternatives, considered input from its advisory bodies, and listened 
to public testimony, before recommending a revised range of eight 
alternatives for further analysis. The Council also recommended an 
October 1, 2005 implementation date for the expanded VMS program. To 
allow time for the affected public to review the alternatives, the 
Council chose to delay its decision on expanding the VMS program until 
its April 2005 Council meeting.
    In October 2004, the Ad Hoc VMS Committee held a public meeting to 
review the EA and the eight alternatives recommended for analysis by 
the Council. At the request of the Ad Hoc VMS Committee, an additional 
alternative was added to the analysis.
    Between January 10, 2005, and March 5, 2005, NMFS held public 
meetings in eight fishing communities where open access groundfish 
landings have been relatively high from year to year. The purpose of 
the public meetings was to provide the interested public with 
information on the type-approved VMS systems and the alternatives that 
were being considered for expansion of the VMS program into the open 
access groundfish fisheries.
    At the Council's April 2005 meeting, NMFS presented a revised draft 
EA that analyzed nine VMS coverage alternatives for the open access 
fishery. The Council reviewed the alternatives, considered input from 
its advisory bodies, and listened to public testimony, before 
recommending that further analysis be conducted. The Council 
specifically asked that NMFS examine thresholds for identifying vessels 
that land insignificant amounts of groundfish and low impact fisheries 
that could be considered as exceptions to the VMS requirement.
    At the Council's June 2005 meeting, a preferred alternative for the 
``Essential Fish Habitat Designation and Minimization of Adverse 
Impacts Draft Environmental Impact Statement (EIS)'' was recommended by 
the Council. The Council's preferred alternative for the EFH action 
included a recommendation that the VMS analysis be expanded to include 
an alternative that would require the use of VMS on all bottom trawl 
vessels.
    In September 2005, the Ad Hoc VMS Committee held a public meeting 
where the proposed alternatives for expanding VMS coverage were 
reviewed. At the Council's November 2005 meeting, NMFS presented a 
revised draft EA that analyzed all thirteen VMS coverage alternatives. 
The Council reviewed the alternatives, considered input from its 
advisory bodies, and listened to public testimony, before recommending 
that VMS transceiver units and declaration reports be required for all 
open access vessels: that are used to take and retain groundfish in the 
EEZ, that possess groundfish while operating in the EEZ (including 
transiting) or that land groundfish taken in the EEZ. To help enforce 
the proposed EFH protection measures, the Council also recommended that 
VMS transceiver units be required on all vessels using trawl gear in 
the EEZ including non-groundfish trawl gear, whether or not groundfish 
is retained. The Council recommended a January 1, 2007 effective date 
for the expanded VMS program.

Essential Fish Habitat Conservation Areas

    The Magnuson-Stevens Act mandates that the FMP contain measures to 
minimize, to the extent practicable, adverse effects from fishing on 
EFH. The EFH guidelines establish that Councils must act to minimize 
adverse effects to the extent practicable from fishing when such 
effects are more than minimal and not temporary in nature (50 CFR 
600.815). Adverse effect means any impact that reduces the quality and/
or quantity of EFH; and may include direct or indirect physical, 
chemical, or biological alterations of the waters or substrate and loss 
of, or injury to, benthic organisms, prey species and their habitat, 
and other ecosystem components.
    NMFS prepared an EIS for Amendment 19 to the FMP that examined if 
and where adverse effects to EFH have occurred or are occurring. NMFS 
use of precautionary action as the basis for the management measures 
has a solid basis in the best available information. It is based on the 
concept of acting to conserve the resource in the face of a lack of 
specific information. NMFS has information showing adverse impacts from 
fishing on habitat, but does not have information to allow specific 
determinations regarding the effect on groundfish EFH. The available 
information does give NMFS reason to conclude that there may be adverse 
impacts on EFH, and the management measures are necessary and 
appropriate to minimize these potential adverse impacts. The measures 
are practicable because they do not cause a significant burden on the 
fishing industry since they close areas not currently fished and other 
measures would limit gear usage in certain areas, displacing less then 
10% of the fleet. On May 11, 2006, NMFS issued management measures, 
including EFH conservation areas where specific fishing activity is 
prohibited or restricted, to protect EFH from potential adverse effects 
of fishing (71 FR 27408).
    In the EFH EIS, NMFS and the Council considered fishing gear 
restrictions and area closures as the primary tools for minimizing 
adverse effects to EFH. These measures directly control where impacts 
may occur and the type of impact, based on gear type, that would be 
allowed. Gear types were ranked for their potential to have adverse 
effects in the following order: (1) Bottom-tending mobile gear types 
(e.g. trawl and dredge gear); and (2) other gears that contact the 
bottom.
    The Council has identified discrete areas that are closed to 
fishing with specified gear types. These ecologically

[[Page 44472]]

important closed areas are intended to minimize, to the extent 
practicable, the adverse effects of fishing on groundfish EFH. There 
are two types of closures, areas where bottom trawling is prohibited, 
and areas where the use of bottom-contacting gears is prohibited. The 
boundaries of the EFH conservation areas are straight lines connecting 
latitude and longitude coordinates. Unlike RCAs, EFH conservation areas 
do not vary seasonally.
    This proposed rule would implement revisions to fishery-specific 
regulations at Sec.  660.381 (limited entry trawl fishery), Sec.  
660.382 (limited entry fixed gear fishery), and Sec.  660.383 (open 
access fishery) that list the EFH closed areas that apply to 
participants in each fishery. Listing EFH closed areas in these 
sections does not alter the EFH closed area regulations or application 
to these fisheries. Rather, it ensures that each of these sections of 
the regulations contain all of the closed area management measures for 
the fishery specified. EFH closed areas are currently listed only in 
the prohibitions section at Sec.  660.306. These changes are primarily 
intended to make the Federal groundfish regulations more clear for the 
fishing public.

Declaration Reports

    VMS is used to determine a vessel's position, while declaration 
reports are used to identify the fisher's intent to use the vessel to 
participate in a particular fishery with a specific gear. Because GCA 
and EFH area restrictions are specific to the gear type and target 
fisheries, declaration reports are needed to adequately assess the 
vessel's activity in relation to the area restrictions.
    Declaration reports are submitted to NMFS OLE by telephone and are 
valid until revised by the vessel operator. Vessel operators making 
declaration reports receive a confirmation number that verifies that 
NMFS received the report. After a vessel has made a declaration report 
to NMFS and has been confirmed for a specific gear category, it cannot 
fish with any gear other than a gear type that has been declared for 
the vessel. If a vessel operator intends to use the vessel to fish in a 
different fishing category, a new declaration report must be submitted 
to revise the old declaration before the vessel leaves port.
    Target fisheries with low catch rates of overfished species, such 
as midwater trawling for whiting and shrimp trawling with finfish 
excluders, have been allowed to occur in the RCAs, as have various 
state-managed fisheries where groundfish are taken incidentally and 
landed in the open access fishery. Current declaration reporting 
requirements require a report to be sent prior to a trip in which a 
vessel is used to legally fish in an RCA or Cowcod Conservation Area 
(CCA) and include provisions to cancel a declaration report when the 
vessel discontinues fishing within the RCA. The existing declaration 
requirements for limited entry (trawl and fixed gear), tribal, and open 
access trawl vessels are being revised and expanded by this action.
    The proposed action would require all vessels with VMS to have a 
valid declaration report on file with NMFS at all times regardless of 
where the vessel is fishing. Declaration reports must be sent to NMFS 
prior to leaving port on the first trip of the fishing year and the 
declaration must be revised before each subsequent trip in which a 
different gear type is used. Vessels using non-trawl gear may declare 
more than one gear category. However, a non-trawl vessel may not fish 
within a groundfish conservation area if the use of any of the declared 
gears is prohibited or restricted within that conservation area. For 
example: a vessel that declares open access Dungeness crab trap or pot 
gear and fishes in the non-trawl RCA may not also declare open access 
longline gear for groundfish for the same trip. Vessels using 
groundfish trawl (the three trawl declaration categories are limited 
entry bottom trawl, not including demersal trawl, limited entry 
midwater trawl, and demersal trawl) or non-groundfish trawl gear may 
only declare one gear category and may not declare trawl and non-trawl 
gears for the same trip. The declaration reporting requirements for 
tribal vessels are unchanged.
    The change to declaration reporting requirements is needed to 
provide adequate monitoring of fishing activity in relation to newly 
defined EFH areas. This change is expected to standardize and simplify 
the reporting requirements for all sectors.

The Vessel Monitoring System

    The proposed action is to require all open access vessels to have a 
type-approved VMS transceiver unit that is properly activated and used 
from the time a vessel leaves port on a trip in which: groundfish is 
taken and retained in the EEZ; groundfish is possessed while operating 
in the EEZ (including transiting); or groundfish taken in the EEZ is 
landed. In addition, the proposed action requires any vessel fishing in 
the EEZ with non-groundfish trawl gear to have a type-approved VMS 
transceiver unit properly installed and activated prior to leaving 
port. Once the VMS unit is activated, it must remain on throughout the 
remainder of the fishing year, unless such vessel is granted an 
exemption to the requirements for continuous operation.
    Under the proposed action, more than 1,600 vessels could be 
required to operate a type-approved VMS transceiver unit while fishing 
off the states of Washington, Oregon and California. The estimated per 
vessel annual costs of VMS ranges from $1,315-$3,433 ($4,733 if a 
personal computer is purchased to support expanded functions) in year 
one, and $502-$1,515 in subsequent years. These values include costs 
associated with the purchase of a transceiver unit, installation, 
transmission fees, declaration reports, and future replacement of the 
unit (the cost of the unit divided by the expected service life).
    The purchase and installation of the VMS transceiver unit will be 
the responsibility of the vessel owners. The unit cost, physical size, 
available features, transmission fees, and service packages vary 
between the different type-approved VMS transceiver units. Vessel 
owners may choose the type-approved unit that best fits their needs. 
Self installations are expected to take less than 4 hours. However, 
some vessel owners may choose professional installations, which cost 
approximately $200 or may be included in the unit cost. Prior to 
fishing, the vessel owner will be required to fax an activation report 
to NMFS OLE to verify that the unit was installed correctly and has 
been activated.
    The VMS unit is required to be operating continuously until the end 
of the fishing year, regardless of the fishery or fisheries in which 
the vessel participates. Exemption reports are available to allow 
flexibility to the industry participants while providing NMFS OLE with 
the information needed to determine why a position report is not being 
received from the vessel. During the development of the expanded VMS 
program additional exemptions were considered for: vessels that 
transfer the limited entry permit from the vessel and do not engage in 
any fishing off the West Coast for the remainder of the year, vessels 
that depart the open access fishery for an extended period after the 
end of the fishing year, and for vessels that have had an emergency 
situation that resulted in vessel damage such as fire, flooding or 
other extensive physical damage that would require the VMS or power 
source to be disconnected.
    To effectively merge the new open access VMS program with the 
existing limited entry VMS program, NMFS

[[Page 44473]]

proposes to modify the existing limited entry vessel requirements. At 
this time, vessels registered to limited entry permits are required to 
carry and use VMS units. Under the existing regulations, when a permit 
is transferred from the vessel and placed into unidentified status the 
vessel is not required to have and use VMS, even if it continues to 
fish in state or Federal waters. Under the proposed action, when a 
limited entry permit is transferred from a vessel, including permits 
placed into ``unidentified'' status, the vessel may discontinue VMS 
reporting provided it is not used to fish in state or Federal waters 
seaward of the baseline from which the territorial sea is measured off 
the States of Washington, Oregon or California (0-200 nm offshore) for 
the remainder of the fishing year. However, if the vessel is used to 
fish at any time during the remaining portion of the fishing year 
without being registered to a limited entry permit, the vessel is still 
required to have and use VMS so that the new open access VMS program 
can be effectively merged with the existing limited entry VMS program.
    The Council recommended that NMFS fully fund the VMS monitoring 
program. However, the availability of Federal funding for purchasing, 
installing, or maintaining VMS transceiver units, or for funding data 
transmission is not known at this time. Due to the critical need to 
monitor the integrity of EFH conservation areas, and RCAs and CCAs that 
reduce the catch of overfished stocks, NMFS believes it is necessary to 
proceed with this proposed rulemaking. It is necessary, therefore to 
require fishery participants to bear the cost of purchasing, 
installing, and maintaining VMS transceiver units, hourly VMS data 
transmissions, and reporting costs associated with installation and 
declaration requirements. Federal funds have been identified for VMS 
reimbursements in 2007. The availability of these funds for 
reimbursement for the cost of purchasing a VMS unit for open access 
vessels is not guaranteed, but are anticipated to be available on a 
first-come first-served basis.

Transiting and Gear Stowage Provisions

    RCAs, CCAs and EFH conservation areas are specific to the type of 
fishing gear used on the vessel. Groundfish fishing (either directed or 
incidental) with trawl gear is restricted or prohibited within the 
trawl RCA boundaries, while groundfish fishing with non-trawl gear is 
restricted or prohibited within the non-trawl RCA boundaries. There are 
two types of EFH conservation areas: areas where bottom trawling is 
prohibited, and areas where bottom-contacting gears are prohibited.
    Vessels that are required to have VMS will continue to be allowed 
to transit through the RCAs, CCAs and EFH conservation areas; however, 
fishing gear must be stowed during transit unless otherwise specified. 
With the exception of vessels using trawl gear to fish for pink shrimp, 
limited entry trawl and non-groundfish trawl vessels are currently 
required to have their gear properly stowed while transiting RCAs. 
Transiting corridors with gear stowage requirements are currently 
defined for the CCAs. This action proposes gear stowage requirements 
for non-trawl vessels transiting RCAs, CCAs, and EFH conservation 
areas.
    Under existing regulations, limited entry trawl and non-trawl 
vessels with VMS requirements are prohibited from any activity other 
than continuous transit within the RCAs or CCAs for their gear. The 
only allowance for these vessels to operate within the RCAs or CCAs is 
when they have declared a gear type that is permitted to be used within 
the RCAs or CCAs and all fishing on that trip is consistent with the 
RCA or CCA requirements. With the expansion of VMS, open access vessels 
that are required to have VMS will also be prohibited from any activity 
other than continuous transit within the RCAs for their declared gear. 
However, if a vessel has a valid declaration for a gear that is allowed 
to be used in a fishery within the RCA and all fishing on the trip is 
consistent with the RCA or CCA restrictions, the vessels may legally 
operate within the RCAs or CCAs. For example, if a vessel declared and 
used open access line gear for groundfish at the beginning of the year 
then revised the declaration to open access salmon troll gear, it could 
operate within the RCAs as a salmon troll vessel providing all 
activities on that trip were consistent with the RCA restrictions.

Additional Changes

    This proposed rule would make the following modifications to 
Federal regulations: Sec.  660.306(i) would be revised to correct 
current references in paragraphs (7) and (8) so that observer program 
regulations are correctly referenced as being in Sec.  660.314, not 
Sec.  660.612; the definition of the term ``Closure'' would be revised 
to also include the word ``Closed;'' a new definition for the term 
``Conservation area'' would be added and would be defined as including 
both GCAs and EFH closed areas, without changing the definitions for 
those areas; and the definition for ``Trawl gear'' would be revised so 
that it includes the definition language from Sec.  600.10, plus makes 
a distinction between groundfish trawl gear and non-groundfish trawl 
gear. These proposed changes are non-substantive re-arrangements of 
currently effective regulatory text. EFH closed areas are currently 
listed only in the prohibitions section at Sec.  660.306. The addition 
of EFH language to sections Sec.  660.381-383 does not change the 
effects of EFH closed area regulations and make no substantive changes 
to the regulations at 50 CFR 660; however, adding this language to the 
lists of closed areas that apply to each gear type in Sec.  660.381-383 
does make the Federal groundfish regulations more clear for the fishing 
public. These changes are primarily intended to make the Federal 
groundfish regulations more clear for the fishing public.

Classification

    NMFS has determined that this proposed rule is consistent with the 
FMP and has preliminarily determined that the rule is consistent with 
the Magnuson-Stevens Act and other applicable laws, subject to further 
consideration after public comment.
    This proposed rule has been determined to be not significant for 
purposes of Executive Order 12866.
    An IRFA was prepared, as required by section 603 of the Regulatory 
Flexibility Act (RFA). The IRFA describes the economic impact this 
proposed rule, if adopted, would have on small entities. A description 
of the action, why it is being considered, and the legal basis for this 
action are contained at the beginning of this section in the preamble 
and in the SUMMARY section of the preamble. A summary of the analysis 
follows. A copy of this analysis is available from the Council or NMFS 
(see ADDRESSES).
    The proposed rule would require all commercial fishing vessels not 
registered to a limited entry groundfish permit that take and retain or 
possess groundfish in the EEZ (including transiting), or that land 
groundfish taken in the EEZ and all vessels using non-groundfish trawl 
gear to fish in the EEZ to have and use VMS. The proposed action is 
projected to affect approximately 1,610 vessels, including: 322 vessels 
using longline gear (282 directed groundfish, 38 Pacific halibut, and 2 
CA halibut); 193 vessels using pot gear (145 directed groundfish, 6 
prawn, 21 Dungeness crab and 21 CA sheephead); 131 vessels using non-
groundfish trawl gear (23 ridgeback prawn, 14 sea cucumber, and 40 CA 
halibut, and 54 pink shrimp vessels); 892 vessels using line gear (590

[[Page 44474]]

groundfish directed, 58 CA halibut, 10 HMS vessels, and 234 salmon 
troll vessels); and 72 vessels using net gear (25 HMS and 47 CA 
halibut). All of the affected entities are considered to be small 
businesses.
    The VMS units that have been type-approved for this fishery range 
in cost and service features. This range allows the vessel owner 
flexibility in choosing the model that best fits the needs of their 
vessel. Vessels that have already purchased VMS transceiver units for 
other fisheries or for personal purposes have been given consideration. 
Vessels will be allowed to retain existing VMS transceivers provided 
they are on the list of type-approved models and have been upgraded to 
the level required for the fishery. Per vessel costs for a transceiver 
unit with installation are $1,200-$2,700 ($3,800 with a computer that 
meets the minimum specifications) in Year 1, and $250-$625 in 
subsequent years. Annual operating cost to harvesters include: 
maintenance $60-$160, and transmission fees $192-$730. Estimated 
purchase cost of VMS services to the fishing industry if all vessels 
remain in the fishery is $2,241,120-$7,293,300 in year 1, and $309,120-
$1,175,300 in subsequent years. The added cost of VMS may result in 
vessels, likely those vessels with the lowest ex-vessel revenue from 
groundfish, choosing to not retain groundfish to avoid VMS 
requirements. The analysis assumes that vessels will pay for VMS. 
However, Federal funds have been identified for VMS reimbursements in 
2007. The availability of these funds for reimbursement for the cost of 
purchasing a VMS unit for open access vessels is not guaranteed, but 
are anticipated to be available on a first-come first-served basis.
    The benefits of VMS to the fishery participants include the 
potential for future increases in groundfish catch because the 
likelihood of RCA integrity being maintained is increased. This would 
result in greater stability in the fishery and be of greatest benefit 
to fishers with a high degree of dependency on groundfish. VMS would 
allow for greater flexibility in the use of management rules, because 
accurate pot, longline, non-groundfish trawl, line and net gear fishing 
location data will be readily available for modeling total catch and 
making groundfish management decisions. VMS data could be used along 
with declaration reports, observer data, survey information, and fish 
ticket data to better refine estimates of total fishing mortality and 
reduce the uncertainty in managing the fishery inseason to stay within 
the harvest guidelines and OYs. For vessels that participate in the 
incidental open access fisheries, accurate VMS fishing location data 
may be beneficial to the non-groundfish target fisheries management. 
Because pink shrimp vessels are currently permitted to fish in the 
RCAs, there is no increased benefit to the pink shrimp fishery over 
status quo, but there is benefit to the groundfish fishers from the 
increased protection that this provision will provide to groundfish 
EFH.
    Vessels required to carry VMS transceiver units will provide 
installation/activation reports, hourly position reports, exemption 
reports, and declaration reports. The installation and activation 
reports include contact information from open access vessels because 
there are no Federal permit requirements for open access fishery 
participants. Having contact information is necessary in the event that 
there are transmission problems, where NMFS will need to have ready 
access to contact information and installation information. The 
submission of declaration reports was initially proposed as per trip 
reports. Following consultation with fishery participants, it was 
determined that the needs of NMFS OLE and the United States Coast Guard 
(USCG) could be met with less frequently made declaration reports. 
Therefore, it was determined that a declaration report identifying the 
type of gear being used by a vessel would remain valid until revised by 
the vessel operator or an exemption report was sent. This results in a 
significant reduction in the number of reports.
    Following consultation with fishery participants prior to 
implementation of the pilot VMS program in the limited entry fisheries, 
it was determined that some vessels may prefer to reduce the costs of 
reporting when leaving the EEZ off the coasts of Washington, Oregon, 
and California. Because a substantial number of permitted vessels also 
fish in waters off Alaska and in areas outside the EEZ, and because 
vessels are commonly pulled out of the water for extended periods, a 
VMS hourly report exemption option was added, which included an 
exemption report.
    During the development of the expanded VMS program additional 
exemptions were considered and proposed for: vessels that transfer the 
limited entry permit from the vessel and do not engage in any fishing 
off the West Coast for the remainder of the year, vessels that depart 
the open access fishery for an extended period after the end of the 
fishing year, and for vessels that have had an emergency situation that 
resulted in vessel damage such as fire, flooding or other extensive 
physical damage that would require the VMS or power source to be 
disconnected. The exemption reports allow flexibility to the industry 
participants while providing NMFS OLE with the information needed to 
determine why a position report is not being received from the vessel.
    Declaration reports have been required since January 1, 2004, for 
non-groundfish trawl vessels that are used to fish in any trawl RCA or 
the CCA. Requiring declaration reports for all fishing, not just 
fishing in any trawl RCA or the CCA, will be an additional burden for 
these vessels. Non-groundfish trawl gear includes vessels fishing for 
pink shrimp, spot and ridgeback prawns, California halibut and sea 
cucumber.
    At the Council's June 2005 meeting, measures to protect groundfish 
EFH were considered, as mandated by the Magnuson-Stevens Act. Though 
the habitat protection measures have been developed as a separate 
action from the VMS program, monitoring measures such as VMS were 
considered as a tool for monitoring incursions into the many new 
habitat protection areas. As part of the habitat protection measures, 
the Council requested that VMS requirements for pink shrimp trawlers 
operating in the open access sector (those pink shrimp trawl vessels 
that are registered to limited entry permits are already required to 
have VMS) be included in the open access VMS analysis. Therefore, 4B 
was added, with the difference being the inclusion of all pink shrimp 
trawl vessels.
    A range of 13 alternatives, discussed in sections 2.0 and 4.0 of 
the EA for this action, was considered. The alternatives ranged from 
Alternative 1, status quo which required declaration reports from open 
access non-groundfish trawl vessels that fish within a trawl RCA to 
Alternative 11, the preferred alternative which is described in this 
proposed rule. The coverage levels identified as Alternatives 2-4A and 
5A were based on different combinations of the open access gear groups. 
In order of coverage priority, the open access sectors initially 
identified as needing VMS coverage were: longline, groundfish pot, 
trawl (excluding shrimp), and line (excluding salmon). Alternative 2 
requires all vessels using longline gear to have and use a VMS 
transceiver. Each of the Alternatives 3, 4 and 5A built on the previous 
alternative by adding the next open access gear group in order of 
priority.
    At its September 2004 meeting, the Council recommended that NMFS 
expand the range to eight alternatives

[[Page 44475]]

(Alternatives 1-4A, 5A, 5B, 6A and 7) and conduct further analysis. 
Alternative 5B was added and is based on the Enforcement Consultants 
recommendations to the Council. This alternative excludes vessels in 
fisheries where incidental catch of overfished species was considered 
to be very low, however, it includes salmon troll vessels. Alternative 
6A, though modified by the Council, was based on the Groundfish 
Advisory Panel's (GAP) majority view. Under Alternative 6A, VMS would 
be required on any commercial fishing vessel for which an RCA 
restriction applied. This alternative was viewed by the GAP as a simple 
and straightforward way to maintain the integrity of the RCAs. 
Alternative 7 is the GAP minority alternative, and is basically the 
same as Alternative 6A, except that vessels under 12 feet (ft) (3.7 
meters) in length are excluded. Alternative 6B was recommended by the 
Ad Hoc VMS Committee. Alternative 6B is the same as Alternative 6A, 
except that only salmon troll vessels north of 40[deg]10 N. lat. that 
fish pursuant to the harvest guidelines, quotas, and other management 
measures governing the open access fishery for groundfish species other 
than yellowtail rockfish would be required to carry and use a VMS 
transceiver and provide declaration reports.
    At the Council's April 2005 meeting, the Council specifically asked 
that NMFS examine new alternatives with thresholds for identifying 
vessels that land insignificant amounts of groundfish and low impact 
fisheries that could be considered as exceptions to the VMS 
requirement. In addition, concerns were expressed by the Council about 
of the cost of a VMS system to maintain the integrity of the RCA 
management regime for the open access fisheries being borne by 
industry. As a result of Council discussion, NMFS developed three new 
alternatives, identified as Alternatives 8-10.
    Alternative 8 was intended to exclude low impact OA fisheries from 
the VMS requirements. These low impact target fisheries and gear 
included: Dungeness crab pot, spot prawn pot, sea cucumber trawl, 
ridgeback prawn trawl, HMS line, and California sheephead pot. 
Alternative 9 was intended to identify vessels that directly targeted 
open access species. Vessels that land more than 500 lb of groundfish 
in a fishing year would have been included in the VMS and declaration 
requirements. Under Alternative 10 RCA management areas defined at 
660.383(c) would be discontinued and trip limits and seasons adjusted 
accordingly. No Federal rules have been identified that duplicate, 
overlap, or conflict with this action.
    This proposed rule contains a collection-of-information requirement 
subject to the Paperwork Reduction Act (PRA) and which has been 
approved by OMB under control number 0648-0478. Public reporting burden 
for this collection of information is estimated to average as follows: 
4 minutes per response for each declaration report at an estimated time 
burden on the public of 2,848 hours annually for all 2,034 respondents; 
At 4 hours per response for installation (installation occurs one time 
every four year because VMS units have a 4 year service life) of the 
VMS transceiver unit and 5 minutes per response to send the 
installation/activation report with an estimated time burden to the 
public from all 2,034 respondents of 2,034 hours for installation of 
the VMS transceiver units and 41 hours annually for sending the 
installation/activation report; At 5 seconds per response for each 
hourly position report that is sent automatically by the VMS 
transceiver unit, the expected time burden on the public from all 2,034 
respondents would be 24,747 hours annually; and at 4 minutes per 
response for each exemption report the expected time burden on the 
public from 500 respondents would be 64 hours annually. These estimates 
include the time for reviewing instructions, searching existing data 
sources, gathering and maintaining the data needed, and completing and 
reviewing the collection information. Send comments on these or any 
other aspects of the collection of information to NMFS at the ADDRESSES 
above, and by e-mail to [email protected] or fax to (202) 395-
7285.
    Notwithstanding any other provision of the law, no person is 
required to respond to, and no person shall be subject to 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.
    NMFS issued Biological Opinions under the ESA on August 10, 1990, 
November 26, 1991, August 28, 1992, September 27, 1993, May 14, 1996, 
and December 15, 1999, pertaining to the effects of the Pacific Coast 
groundfish FMP fisheries on Chinook salmon (Puget Sound, Snake River 
spring/summer, Snake River fall, upper Columbia River spring, lower 
Columbia River, upper Willamette River, Sacramento River winter, 
Central Valley spring, California coastal), coho salmon (Central 
California coastal, southern Oregon/northern California coastal), chum 
salmon (Hood Canal summer, Columbia River), sockeye salmon (Snake 
River, Ozette Lake), and steelhead (upper, middle and lower Columbia 
River, Snake River Basin, upper Willamette River, central California 
coast, California Central Valley, south/central California, northern 
California, southern California). These biological opinions have 
concluded that implementation of the FMP for the Pacific Coast 
groundfish fishery was not expected to jeopardize the continued 
existence of any endangered or threatened species under the 
jurisdiction of NMFS, or result in the destruction or adverse 
modification of critical habitat.
    NMFS reinitiated a formal ESA section 7 consultation in 2005 for 
both the Pacific whiting midwater trawl fishery and the groundfish 
bottom trawl fishery. The December 19, 1999, Biological Opinion had 
defined an 11,000 Chinook incidental take threshold for the Pacific 
whiting fishery. During the 2005 Pacific whiting season, the 11,000 
fish Chinook incidental take threshold was exceeded, triggering 
reinitiation. Also in 2005, new West Coast Groundfish Observer Program 
data became available, allowing NMFS to complete an analysis of salmon 
take in the bottom trawl fishery.
    NMFS prepared a Supplemental Biological Opinion dated March 11, 
2006, which addressed salmon take in both the Pacific whiting midwater 
trawl and groundfish bottom trawl fisheries. In its 2006 Supplemental 
Biological Opinion, NMFS concluded that catch rates of salmon in the 
2005 whiting fishery were consistent with expectations considered 
during prior consultations. Chinook bycatch has averaged about 7,300 
over the last 15 years and has only occasionally exceeded the 
reinitiation trigger of 11,000. Since 1999, annual Chinook bycatch has 
averaged about 8,450. The Chinook Evolutionarily Significant Units 
(ESUs) most likely affected by the whiting fishery have generally 
improved in status since the 1999 ESA section 7 consultation. Although 
these species remain at risk, as indicated by their ESA listing, NMFS 
concluded that the higher observed bycatch in 2005 does not require a 
reconsideration of its prior ``no jeopardy'' conclusion with respect to 
the fishery. For the groundfish bottom trawl fishery, NMFS concluded 
that incidental take in the groundfish fisheries is within the overall 
limits articulated in the Incidental Take Statement of the 1999 
Biological Opinion. The groundfish bottom trawl limit from that opinion 
was 9,000 fish annually. NMFS will continue to monitor and collect data 
to analyze take

[[Page 44476]]

levels. NMFS also reaffirmed its prior determination that 
implementation of the Groundfish FMP is not likely to jeopardize the 
continued existence of any of the affected ESUs.
    Lower Columbia River coho (70 FR 37160, June 28, 2005) and the 
Southern Distinct Population Segment of green sturgeon (71 FR 17757, 
April 7, 2006) were recently listed as threatened under the ESA. As a 
consequence, NMFS has reinitiated its Section 7 consultation on the 
Council's Groundfish FMP. After reviewing the available information, 
NMFS concluded that, in keeping with section 7(a)(2) of the ESA, 
allowing the fishery to continue under this action would not result in 
any irreversible or irretrievable commitment of resources that would 
have the effect of foreclosing the formulation or implementation of any 
reasonable and prudent alternative measures.
    Under the Magnuson-Stevens Act at 16 U.S.C. 1852(b)(5), one of the 
voting members of the Council must be a representative of an Indian 
tribe with federally recognized fishing rights from the area of the 
Council's jurisdiction. Pursuant to Executive Order 13175, this action 
was developed through the Council process with meaningful collaboration 
with tribal officials from the area covered by the FMP. The tribal 
representative on the Council did not make a motion on this action for 
tribal fisheries because this action does not apply to tribal fishers.

List of Subjects in 50 CFR Part 660

    Fisheries, Fishing, Indian fisheries.

    Dated: August 1, 2007.
John Oliver,
Deputy Assistant Administrator for Operations, National Marine 
Fisheries Service.
    For the reasons set out in the preamble, 50 CFR Part 660 is 
proposed to be amended as follows:

PART 660--FISHERIES OFF WEST COAST STATES

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

    Authority: 16 U.S.C. 1801 et seq.

    2. In Sec.  660.302, the definitions for ``Closure'', ``Exempted 
gear'' and ``Groundfish Conservation Area or GCA'' are removed, the 
definitions for ``Fishing gear'' paragraph (11) introductory text, 
``Open access fishery'' and ``Open access gear'' are revised, and the 
definitions for ``Closure or closed'', ``Conservation area(s)'' and 
``Continuous transiting or transit through'' are added to read as 
follows:


Sec.  660.302  Definitions.

* * * * *
    Closure or closed means, when referring to closure of a fishery or 
a closed fishery, that taking and retaining, possessing, or landing the 
particular species or species group covered by the fishing closure is 
prohibited. Unless otherwise announced in the Federal Register or 
authorized in this subpart, offloading must begin before the closure 
time.
* * * * *
    Conservation area(s) means either a Groundfish Conservation Area 
(GCA), an Essential Fish Habitat Conservation Area (EFHCA), or both.
    (1) Groundfish Conservation Area or GCA means a geographic area 
defined by coordinates expressed in degrees latitude and longitude, 
wherein fishing by a particular gear type or types may be prohibited. 
GCAs are created and enforced for the purpose of contributing to the 
rebuilding of overfished West Coast groundfish species. Regulations at 
Sec.  660.390 define coordinates for these polygonal GCAs: Yelloweye 
Rockfish Conservation Areas, Cowcod Conservation Areas, waters 
encircling the Farallon Islands, and waters encircling the Cordell 
Banks. GCAs also include Rockfish Conservation Areas or RCAs, which are 
areas closed to fishing by particular gear types, bounded by lines 
approximating particular depth contours. RCA boundaries may and do 
change seasonally according to the different conservation needs of the 
different overfished species. Regulations at Sec. Sec.  660.390 through 
660.394 define RCA boundary lines with latitude/longitude coordinates; 
regulations at Tables 3-5 of Part 660 set RCA seasonal boundaries. 
Fishing prohibitions associated with GCAs are in addition to those 
associated with EFH Conservation Areas.
    (2) Essential Fish Habitat Conservation Area or EFHCA means a 
geographic area defined by coordinates expressed in degrees latitude 
and longitude, wherein fishing by a particular gear type or types may 
be prohibited. EFHCAs are created and enforced for the purpose of 
contributing to the protection of West Coast groundfish essential fish 
habitat. Regulations at Sec. Sec.  660.396-.399 define EFHCA boundary 
lines with latitude/longitude coordinates. Fishing prohibitions 
associated with EFHCAs, which are found at Sec.  660.306, are in 
addition to those associated with GCAs.
    Continuous transiting or transit through means that a fishing 
vessel crosses a groundfish conservation area or EFH conservation area 
on a constant heading, along a continuous straight line course, while 
making way by means of a source of power at all times, other than 
drifting by means of the prevailing water current or weather 
conditions.
* * * * *
    Fishing gear * * *
    (11) Trawl gear means a cone or funnel-shaped net that is towed 
through the water, and can include a pair trawl that is towed 
simultaneously by two boats. Groundfish trawl is trawl gear that is 
used under the authority of a valid limited entry permit issued under 
this subpart endorsed for trawl gear. It does not include any type of 
trawl gear listed as non-groundfish trawl gear. Non-groundfish trawl 
gear is any trawl gear other than the Pacific Coast groundfish trawl 
gear that is authorized for use with a valid groundfish limited entry 
permit. Non-groundfish trawl gear includes pink shrimp, ridgeback 
prawn, California halibut south of Pt. Arena, and sea cucumbers south 
of Pt. Arena.
* * * * *
    Open access fishery means the fishery composed of commercial 
vessels using open access gear fished pursuant to the harvest 
guidelines, quotas, and other management measures governing the harvest 
of open access allocations (detailed in Sec.  660.320 and Tables 1-2 of 
this subpart) or governing the fishing activities of open access 
vessels (detailed in Sec.  660.383 and Table 5 of this subpart.) Any 
commercial vessel that is not registered to a limited entry permit and 
which takes and retains, possesses or lands groundfish is a participant 
in the open access groundfish fishery.
    Open access gear means all types of fishing gear except:
    (1) Longline or trap (or pot) gear fished by a vessel that has a 
limited entry permit affixed with a gear endorsement for that gear.
    (2) Groundfish trawl.
* * * * *
    3. In Sec.  660.303, paragraph (d) is revised to read as follows:


Sec.  660.303  Reporting and recordkeeping.

* * * * *
    (d) Declaration Reporting requirements--(1) Declaration reports for 
vessels registered to limited entry permits. The operator of any vessel 
registered to a limited entry permit must provide NMFS OLE with a 
declaration report, as specified at paragraph(d)(5)(iv) of this 
section, before the vessel leaves port on a trip in which the vessel is 
used to fish in U.S. ocean waters between 0 and 200 nm offshore of 
Washington, Oregon, or California.

[[Page 44477]]

    (2) Declaration reports for all vessels using non-groundfish trawl 
gear. The operator of any vessel that is not registered to a limited 
entry permit and which uses non-groundfish trawl gear to fish in the 
EEZ (3-200 nm offshore), must provide NMFS OLE with a declaration 
report, as specified at paragraph(d)(5)(iv) of this section, before the 
vessel leaves port to fish in the EEZ.
    (3) Declaration reports for open access vessels using non-trawl 
gear (all types of open access gear other than non-groundfish trawl 
gear). The operator of any vessel that is not registered to a limited 
entry permit, must provide NMFS with a declaration report, as specified 
at paragraph(d)(5)(iv) of this section, before the vessel leaves port 
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.
    (4) Declaration reports for tribal vessels using trawl gear. The 
operator of any tribal vessel using trawl gear must provide NMFS with a 
declaration report, as specified at paragraph (d)(5)(iv) of this 
section, before the vessel leaves port on a trip in which fishing 
occurs within the trawl RCA.
    (5) Declaration reports. (i) The operator of a vessel specified in 
paragraphs (d)(1), (d)(2), and (d)(3) of this section must provide a 
declaration report to NMFS OLE prior to leaving port on the first trip 
in which the vessel meets the requirement specified at Sec.  660.312 
(b) to have a VMS.
    (ii) The vessel operator must send a new declaration report before 
leaving port on a trip in which a gear type that is different from the 
gear type most recently declared for the vessel will be used. A 
declaration report will be valid until another declaration report 
revising the existing gear declaration is received by NMFS OLE.
    (iii) During the period of time that a vessel has a valid 
declaration report on file with NMFS OLE, it cannot fish with a gear 
other than a gear type declared by the vessel.
    (iv) Declaration reports will include: the vessel name and/or 
identification number, and gear type (as defined in 
paragraph(d)(5)(iv)(A) of this section). Upon receipt of a declaration 
report, NMFS will provide a confirmation code or receipt to confirm 
that a valid declaration report was received for the vessel. Retention 
of the confirmation code or receipt to verify that a valid declaration 
report was filed and the declaration requirement was met is the 
responsibility of the vessel owner or operator. Vessels using non-trawl 
gear may declare more than one gear type, however, vessels using trawl 
gear may only declare one of the trawl gear types listed in paragraph 
(d)(5)(iv)(A) of this section on any trip and may not declare non-trawl 
gear on the same trip in which trawl gear is declared.
    (A) One of the following gear types must be declared:
    (1) Limited entry fixed gear,
    (2) [Reserved]
    (3) Limited entry midwater trawl,
    (4) Limited entry bottom trawl, not including demersal trawl,
    (5) Limited entry demersal trawl,
    (6) Non-groundfish trawl gear for pink shrimp,
    (7) Non-groundfish trawl gear for ridgeback prawn,
    (8) Non-groundfish trawl gear for California halibut,
    (9) Non-groundfish trawl gear for sea cucumber,
    (10) Open access longline gear for groundfish,
    (11) Open access Pacific halibut longline gear,
    (12) Open access groundfish trap or pot gear,
    (13) Open access Dungeness crab trap or pot gear,
    (14) Open access prawn trap or pot gear,
    (15) Open access sheephead trap or pot gear,
    (16) Open access line gear for groundfish,
    (17) Open access HMS line gear,
    (18) Open access salmon troll gear,
    (19) Open access California Halibut line gear,
    (20) Open access net gear,
    (21) Other gear, and
    (22) Tribal trawl.
    (B) [Reserved]
* * * * *
    4. In Sec.  660.306, paragraphs (h)(4) through (h)(10) are 
redesignated as (h)(5) through (h)(11), paragraphs (h)(1) through 
(h)(3) are revised, and a new paragraph (h)(4) is added, paragraphs 
(i)(7), (i)(8), (j)(1), and (j)(6) are revised, and (j)(7) and (j)(8) 
are added to read as follows:


Sec.  660.306  Prohibitions.

* * * * *
    (h) * * *
    (1) Operate any vessel registered to a limited entry permit with a 
trawl endorsement and trawl gear on board in an applicable GCA (as 
defined at Sec.  660.381(d)), except for purposes of continuous 
transiting, with all groundfish trawl gear stowed in accordance with 
Sec.  660.381(d), or except as authorized in the groundfish management 
measures published at Sec.  660.381.
    (2) Operate any vessel registered to a limited entry permit with a 
longline or trap (pot) endorsement and longline and/or trap gear 
onboard in an applicable GCA (as defined at Sec.  660.382(c)), except 
for purposes of continuous transiting, with all groundfish longline 
and/or trap gear stowed in accordance with Sec.  660.382(c) or except 
as authorized in the groundfish management measures at Sec.  660.382.
    (3) Operate any vessel with non-groundfish trawl gear onboard in 
any applicable GCA (as defined at Sec.  660.383(c)) except for purposes 
of continuous transiting, with all trawl gear stowed in accordance with 
Sec.  660.383(c), or except as authorized in the groundfish management 
measures published at Sec.  660.383.
    (4) Operate any vessel in an applicable GCA (as defined at Sec.  
660.383(c)) that has non-trawl 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, possess or land groundfish 
taken in the EEZ, except for purposes of continuous transiting, with 
all groundfish non-trawl gear stowed in accordance with Sec.  
660.383(c), or except as authorized in the groundfish management 
measures published at Sec.  660.383.
* * * * *
    (i) * * *
    (7) Fail to provide departure or cease fishing reports specified at 
Sec.  660.314(c)(2).
    (8) Fail to meet the vessel responsibilities specified at Sec.  
660.314(d).
    (j) * * *
    (1) Use any vessel required to operate a VMS unit under Sec.  
660.312(b) unless that vessel carries a NMFS OLE type-approved mobile 
transceiver unit and complies with all the requirements described at 
Sec.  660.312.
* * * * *
    (6) Register the same VMS transceiver unit to more than one vessel 
at the same time.
    (7) Falsify any VMS activation report or VMS exemption report that 
is authorized or required, as specified at Sec.  660.312.
    (8) Falsify any declaration report that is required, as specified 
at Sec.  660.303.
    5. In Sec.  660.312, paragraphs (b), (d)(1), (d)(2) introductory 
text, (d)(2)(ii), (d)(3), (d)(4) introductory text, and (d)(4)(iii) and 
(iv) are revised, and paragraphs (d)(4)(v) through (vii) are added to 
read as follows:


Sec.  660.312  Vessel Monitoring System (VMS) requirements.

* * * * *

[[Page 44478]]

    (b) Who is required to have VMS? The following vessels 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:
    (1) Any vessel registered for use with a limited entry permit that 
fishes in state or Federal waters seaward of the baseline from which 
the territorial sea is measured off the States of Washington, Oregon or 
California (0-200 nm offshore).
    (2) Any vessel that uses non-groundfish trawl gear to fish in the 
EEZ.
    (3) Any vessel that uses open access gear to take and retain, or 
possess groundfish in the EEZ or land groundfish taken in the EEZ.
* * * * *
    (d) * * *
    (1) Obtain a NMFS OLE type-approved mobile transceiver unit and 
have it installed on board your vessel in accordance with the 
instructions provided by NMFS OLE. You may obtain a copy of the VMS 
installation and operation instructions from the NMFS OLE Northwest, 
VMS Program Manager upon request at 7600 Sand Point Way, NE., Seattle, 
WA 98115-6349, phone: (206) 526-6133.
    (2) Activate the mobile transceiver unit, submit an activation 
report at least 72 hours prior to leaving port on a trip in which VMS 
is required, and receive confirmation from NMFS OLE that the VMS 
transmissions are being received before participating in a fishery 
requiring the VMS. Instructions for submitting an activation report may 
be obtained from the NMFS, Northwest OLE VMS Program Manager upon 
request at 7600 Sand Point Way, NE., Seattle, WA 98115-6349, phone: 
(206) 526-6133. An activation report must again be submitted to NMFS 
OLE following reinstallation of a mobile transceiver unit or change in 
service provider before the vessel may participate in a fishery 
requiring the VMS.
* * * * *
    (ii) Transferring ownership of VMS unit. Ownership of the VMS 
transceiver unit may be transferred from one vessel owner to another 
vessel owner if all of the following documents are provided to NMFS 
OLE: a new activation report, which identifies that the transceiver 
unit was previously registered to another vessel; a notarized bill of 
sale showing proof of ownership of the VMS transceiver unit; 
documentation from the communications service provider showing proof 
that the service agreement for the previous vessel was terminated and 
that a service agreement was established for the new vessel.
    (3) Transceiver unit operation. Operate and maintain in good 
working order the mobile transceiver unit continuously 24 hours a day 
throughout the fishing year, unless such vessel is exempted under 
paragraph (d)(4) of this section. The mobile transceiver unit must 
transmit a signal accurately indicating the vessel's position at least 
once every hour, 24 hours a day, throughout the year unless a valid 
exemption report, as described in paragraph (b)(4) of this section, has 
been received by NMFS OLE. Less frequent position reporting at least 
once every four hours is authorized when a vessel remains in port for 
an extended period of time, but the mobile transceiver unit must remain 
in continuous operation at all times unless the vessel is exempted 
under this section.
    (4) VMS exemptions. A vessel that is required to operate 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)(vii) 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 transfer exemption. If the limited entry permit has 
been transferred from a 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 to fish 
in state or Federal waters seaward of the baseline from which the 
territorial sea is measured off the States of Washington, Oregon or 
California (0-200 nm offshore) 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 Sec.  
660.312(b)(2) or 660.312(b)(3) may be exempted from VMS provisions 
after the end of the fishing year in which it participated 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) Emergency exemption. Vessels required to have VMS under 
660.312(b) 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 Sec.  660.312(b) 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 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.
    (vi) 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. 
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 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, as required at Sec.  
660.335(a)(2). Owners of vessels required to use VMS who do not receive

[[Page 44479]]

instructions by mail are responsible for contacting NMFS OLE during 
business hours at least 3 days before the exemption is required 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).
    (vii) 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 paragraph (d)(4)(i) through 
(iv) 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 resumes fishing for any species of fish 
in state or Federal waters off the States of Washington, Oregon, or 
California after it has received a permit transfer 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 Sec.  660.312(d)(2)(i) before 
returning to fish, that report may substitute for the exemption and 
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.
    6. In Sec.  660.335, paragraph (f)(1) is revised to read as 
follows:


Sec.  660.335  Limited entry permits--renewal, combination, stacking, 
change of permit ownership or permit holdership, and transfer.

* * * * *
    (f) * * *
    (1) A permit owner may designate the vessel registration for a 
permit as ``unidentified,'' meaning that no vessel has been identified 
as registered for use with that permit. No vessel is authorized to use 
a permit with the vessel registration designated as ``unidentified.'' A 
vessel owner who removes a permit from his vessel and registers that 
permit as ``unidentified'' is not exempt from VMS requirements at Sec.  
660.312 unless specifically authorized by that section.
* * * * *
    7. In Sec.  660.381, paragraph (b)(4), (c)(4), (d) introductory 
text, (d)(4) and (d)(5) are revised to read as follows:


Sec.  660.381  Limited entry trawl fishery management measures.

* * * * *
    (b) * * *
    (4) Large footrope trawl gear. Large footrope gear is bottom trawl 
gear with a footrope diameter larger than 8 inches (20 cm) (including 
rollers, bobbins or other material encircling or tied along the length 
of the footrope). Fishing with bottom trawl gear with a footrope 
diameter greater than 19 inches (48 cm) (including rollers, bobbins, or 
other material encircling or tied along the length of the footrope) is 
prohibited anywhere in EFH within the EEZ, as defined by latitude/
longitude coordinates at Sec.  660.395.
* * * * *
    (c) * * *
    (4) More than one type of trawl gear on board. The cumulative trip 
limits in Table 3 (North) or Table 3 (South) of this subpart must not 
be exceeded.
    (i) The following restrictions apply to vessels operating north of 
40[deg]10' N. lat.:
    (A) A vessel may not have both groundfish trawl gear and non-
groundfish trawl gear onboard simultaneously. A vessel may not have 
both bottom trawl gear and midwater trawl gear onboard simultaneously. 
A vessel may have more than one type of limited entry bottom trawl gear 
on board, either simultaneously or successively, during a cumulative 
limit period.
    (B) If a vessel fishes exclusively with large or small footrope 
trawl gear during an entire cumulative limit period, the vessel is 
subject to the small or large footrope trawl gear cumulative limits and 
that vessel must fish seaward of the RCA during that limit period.
    (C) If a vessel fishes exclusively with selective flatfish trawl 
gear during an entire cumulative limit period, then the vessel is 
subject to the selective flatfish trawl gear cumulative limits during 
that limit period, regardless of whether the vessel is fishing 
shoreward or seaward of the RCA.
    (D) If more than one type of bottom trawl gear (selective flatfish, 
large footrope, or small footrope) is on board, either simultaneously 
or successively, at any time during a cumulative limit period, then the 
most restrictive cumulative limit associated with the bottom trawl gear 
on board during that cumulative limit period applies for the entire 
cumulative limit period, regardless of whether the vessel is fishing 
shoreward or seaward of the RCA.
    (E) If a vessel fishes both north and south of 40[deg]10' N. lat. 
with any type of small footrope gear onboard the vessel at any time 
during the cumulative limit period, the most restrictive trip limit 
associated with the gear on board applies for that trip and will count 
toward the cumulative trip limit for that gear (See crossover 
provisions at Sec.  660.370(h)(8).)
    (F) Midwater trawl gear is allowed only for vessels participating 
in the primary whiting season.
    (ii) The following restrictions apply to vessels operating south of 
40[deg]10' N. lat.:
    (A) A vessel may not have both groundfish trawl gear and non-
groundfish trawl gear onboard simultaneously. A vessel may not have 
both bottom trawl gear and midwater trawl gear onboard simultaneously. 
A vessel may not have small footrope trawl gear and any other type of 
bottom trawl gear onboard simultaneously.
    (B) For vessels using more than one type of trawl gear during a 
cumulative limit period, limits are additive up to the largest limit 
for the type of gear used during that period. (Example: If a vessel 
harvests 300 lb (136 kg) of chilipepper rockfish with small footrope 
gear, it may harvest up to 11,700 lb (5,209 kg) of chilipepper rockfish 
with large footrope gear during July and August 2007, because the 
largest cumulative limit for chilipepper rockfish during that period is 
12,000 lb (5,443 kg) for large footrope gear.)
    (C) If a vessel fishes both north and south of 40[deg]10' N. lat. 
with any type of small footrope gear onboard the vessel at any time 
during the cumulative limit period, the most restrictive trip limit 
associated with the gear on board applies for that trip and will count 
toward the cumulative trip limit for that gear (See crossover 
provisions at Sec.  660.370(h)(8).)
    (d) Groundfish Conservation Areas (GCAs) applicable to trawl 
vessels. A GCA, a type of closed area, is a geographic area defined by 
coordinates expressed in degrees of latitude and longitude. The 
latitude and longitude coordinates of the GCA boundaries are specified 
at Sec. Sec.  660.390 through 660.394. A vessel that is fishing within 
a GCA listed in this paragraph (d) with trawl gear authorized for use 
within a GCA may not have any other type of trawl gear on board the 
vessel. The following GCAs apply to vessels participating in the 
limited entry trawl fishery.
* * * * *
    (4) Trawl rockfish conservation areas. The trawl RCAs are closed 
areas,

[[Page 44480]]

defined by specific latitude and longitude coordinates which are 
specified at Sec. Sec.  660.390 through 660.394. Boundaries for the 
trawl RCAs applicable to groundfish trawl vessels throughout the year 
are provided in the header to Table 3 (North) and Table 3 (South) of 
this subpart and may be modified by NMFS inseason pursuant to Sec.  
660.370(c).
    (i) It is unlawful to operate a vessel with trawl gear onboard 
within the trawl RCA, except for the purpose of continuous transiting, 
or when the use of trawl gear is authorized in this section. It is 
lawful to fish with groundfish trawl gear within the trawl RCA only 
under the following conditions: vessels fishing with mid-water trawl 
gear on Pacific whiting trips during the primary whiting season, 
provided a valid declaration report has been filed with NMFS OLE, as 
required at Sec.  660.303(d); and vessels fishing with demersal seine 
gear between 38[deg] N. lat. and 36[deg] N. lat. shoreward of a 
boundary line approximating the 100 fm (183 m) depth contour as defined 
at Sec.  660.393, provided a valid declaration report has been filed.
    (ii) Trawl vessels may transit through an applicable GCA, with or 
without groundfish on board, provided all 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. These restrictions do not apply to vessels fishing with 
midwater trawl gear for whiting during a primary season.
    (iii) It is unlawful to take and retain, possess, or land 
groundfish taken with limited entry trawl gear within the trawl RCA, 
unless otherwise authorized in this section.
    (iv) If a vessel fishes in the trawl RCA, it may not participate in 
any fishing on that trip that is prohibited within the trawl RCA. [For 
example, if a vessel participates in the pink shrimp fishery within the 
RCA, the vessel cannot on the same trip participate in the DTS fishery 
seaward of the RCA.] Nothing in these Federal regulations supercedes 
any state regulations that may prohibit trawling shoreward of the 
fishery management area (3-200 nm).
    (5) Essential Fish Habitat Conservation Areas. An EFHCA, a type of 
closed area, is a geographic area defined by coordinates expressed in 
degrees of latitude and longitude at Sec. Sec.  660.395 through 
660.399, where specified types of fishing are prohibited in accordance 
with Sec.  660.306. EFHCAs apply to vessels using bottom trawl gear or 
to vessels using ``bottom contact gear,'' which is defined at Sec.  
660.302 to include bottom trawl gear, among other gear types.
    (i) The following EFHCAs apply to vessels operating within the West 
Coast EEZ with bottom trawl gear:
    (A) Seaward of a boundary line approximating the 700-fm (1280-m) 
depth contour. Fishing with bottom trawl gear is prohibited in waters 
of depths greater than 700 fm (1280 m) within the EFH, as defined by 
specific latitude and longitude coordinates at Sec.  660.395 and Sec.  
660.396.
    (B) Shoreward of a boundary line approximating the 100-fm (183 m) 
depth contour. Fishing with bottom trawl gear with a footrope diameter 
greater than 8 inches (20 cm) is prohibited in waters shoreward of a 
boundary line approximating the 100-fm (183-m) depth contour, as 
defined by specific latitude and longitude coordinates at Sec.  
660.393.
    (C) EFHCAs for all bottom trawl gear. Fishing with bottom trawl 
gear is prohibited within the following EFHCAs, which are defined by 
specific latitude and longitude coordinates at Sec. Sec.  660.397 
through 660.398: Olympic 2, Biogenic 1, Biogenic 2, Grays Canyon, 
Biogenic 3, Astoria Canyon, Nehalem Bank/Shale Pile, Siletz Deepwater, 
Daisy Bank/Nelson Island, Newport Rockpile/Stonewall Bank, Heceta Bank, 
Deepwater off Coos Bay, Bandon High Spot, Rogue Canyon.
    (D) EFHCAs for all bottom trawl gear, except demersal seine gear. 
Fishing with bottom trawl gear except demersal seine gear (defined at 
Sec.  660.302) is prohibited within the following EFHCAs, which are 
defined by specific latitude and longitude coordinates at Sec.  
660.399: Eel River Canyon, Blunts Reef, Mendocino Ridge, Delgada 
Canyon, Tolo Bank, Point Arena North, Point Arena South Biogenic Area, 
Cordell Bank/Biogenic Area, Farallon Islands/Fanny Shoal, Half Moon 
Bay, Monterey Bay/Canyon, Point Sur Deep, Big Sur Coast/Port San Luis, 
East San Lucia Bank, Point Conception, Hidden Reef/Kidney Bank (within 
Cowcod Conservation Area West), Catalina Island, Potato Bank (within 
Cowcod Conservation Area West), Cherry Bank (within Cowcod Conservation 
Area West), and Cowcod EFH Conservation Area East.
    (ii) EFHCAs for bottom contact gear, which includes bottom trawl 
gear. Fishing with bottom contact gear, including bottom trawl gear is 
prohibited within the following EFHCAs, which are defined by specific 
latitude and longitude coordinates at Sec. Sec.  660.398 through 
660.399: Thompson Seamount, President Jackson Seamount, Cordell Bank 
(50-fm (91-m) isobath), Harris Point, Richardson Rock, Scorpion, 
Painted Cave, Anacapa Island, Carrington Point, Judith Rock, Skunk 
Point, Footprint, Gull Island, South Point, and Santa Barbara. Fishing 
with bottom contact gear is also prohibited within the Davidson 
Seamount EFH Area, which is defined with specific latitude and 
longitude coordinates at Sec.  660.395.
    8. In Sec.  660.382, paragraph (c) introductory text, and 
paragraphs (c)(4)(i), (c)(4)(ii), (c)(5), and (c)(8) are revised to 
read as follows:


Sec.  660.382  Limited entry fixed gear fishery management measures.

* * * * *
    (c) Groundfish Conservation Areas applicable to limited entry fixed 
gear vessels. A GCA, a type of closed area, is a geographic area 
defined by coordinates expressed in degrees of latitude and longitude. 
The latitude and longitude coordinates of the GCA boundaries are 
specified at Sec. Sec.  660.390 through 660.394. A vessel that is 
authorized by this paragraph to fish within a GCA (e.g. fishing for 
``other flatfish'' using no more than 12 hooks, ``Number 2'' or 
smaller), may not simultaneously have other gear on board the vessel 
that is unlawful to use for fishing within the GCA. The following GCAs 
apply to vessels participating in the limited entry fixed gear fishery.
* * * * *
    (4) * * *
    (i) Fishing for ``other flatfish'' is permitted within the CCAs 
under the following conditions: when using no more than 12 hooks, 
``Number 2'' or smaller, which measure no more than 11 mm (0.44 inches) 
point to shank, and up to two 1-lb (0.45-kg) weights per line; and 
provided a valid declaration report as required at Sec.  660.303(d) has 
been filed with NMFS OLE.
    (ii) Fishing for rockfish and lingcod is permitted shoreward of the 
20 fm (37 m) depth contour within the CCAs when trip limits authorize 
such fishing, and provided a valid declaration report as required at 
Sec.  660.303(d) has been filed with NMFS OLE.
    (5) Non-trawl Rockfish Conservation Areas (RCA). The non-trawl RCAs 
are closed areas, defined by specific latitude and longitude 
coordinates (specified at Sec. Sec.  660.390 through 660.394) designed 
to approximate specific depth contours, where fishing for groundfish 
with non-trawl gear is prohibited. Boundaries for the non-trawl RCA 
throughout the year are provided in the header to Table 4

[[Page 44481]]

(North) and Table 4 (South) of this subpart and may be modified by NMFS 
inseason pursuant to Sec.  660.370(c).
    (i) It is unlawful to operate a vessel with limited entry non-trawl 
gear in the non-trawl RCA, except for the purpose of continuous 
transit, or when the use of limited entry non-trawl gear is authorized 
in Part 660. It is unlawful to take and retain, possess, or land 
groundfish taken with limited entry non-trawl gear within the non-trawl 
RCA, unless otherwise authorized in Part 660.
    (ii) Limited entry non-trawl vessels may transit through the non-
trawl RCA, with or without groundfish on board, provided all groundfish 
non-trawl gear is stowed either: below deck; or if the gear cannot 
readily be moved, in a secured and covered manner, detached from all 
lines, so that it is rendered unusable for fishing.
    (iii) The non-trawl RCA restrictions in this section apply to 
vessels registered to fixed gear limited entry permits fishing for 
species other than groundfish with non-trawl gear on trips where 
groundfish species are retained. 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 non-trawl RCA. If 
a vessel fishes in a non-groundfish fishery in the non-trawl RCA, it 
may not participate in any fishing for groundfish on that trip that is 
prohibited within the non-trawl RCA. [For example, if a vessel 
participates in the salmon troll fishery within the RCA, the vessel 
cannot on the same trip participate in the sablefish fishery outside of 
the RCA.]
    (iv) It is lawful to fish within the non-trawl RCA with limited 
entry fixed gear only under the following conditions: when fishing for 
``other flatfish'' off California (between 42[deg] N. lat. south to the 
U.S./Mexico border) using no more than 12 hooks, ``Number 2'' or 
smaller, which measure no more than 11 mm (0.44 inches) point to shank, 
and up to two 1-lb (0.91 kg) weights per line when trip limits 
authorize such fishing, provided a valid declaration report as required 
at Sec.  660.303(d) has been filed with NMFS OLE.
* * * * *
    (8) Essential Fish Habitat Conservation Areas. An EFHCA, a type of 
closed area, is a geographic area defined by coordinates expressed in 
degrees of latitude and longitude at Sec. Sec.  660.396 through 
660.399, where specified types of fishing are prohibited in accordance 
with Sec.  660.306. EFHCAs apply to vessels using ``bottom contact 
gear,'' which is defined at Sec.  660.302 to include limited entry 
fixed gear (longline and pot/trap,) among other gear types. Fishing 
with all bottom contact gear, including longline and pot/trap gear, is 
prohibited within the following EFHCAs, which are defined by specific 
latitude and longitude coordinates at Sec.  660.398--.399: Thompson 
Seamount, President Jackson Seamount, Cordell Bank (50-fm (91-m) 
isobath), Harris Point, Richardson Rock, Scorpion, Painted Cave, 
Anacapa Island, Carrington Point, Judith Rock, Skunk Point, Footprint, 
Gull Island, South Point, and Santa Barbara. Fishing with bottom 
contact gear is also prohibited within the Davidson Seamount EFH Area, 
which is defined by specific latitude and longitude coordinates at 
Sec.  660.395.
    9. In Sec.  660.383, paragraphs (b)(1), (c) introductory text, 
(c)(5)(i), (c)(5)(ii), (c)(6), (c)(7), and (c)(10) are revised to read 
as follows:


Sec.  660.383  Open access fishery management measures.

* * * * *
    (b) * * *
    (1) Non-groundfish trawl gear. Non-groundfish trawl gear is any 
trawl gear other than limited entry groundfish trawl gear as described 
at Sec.  660.381(b) and as defined at Sec.  660.302 for trawl vessels 
with limited entry groundfish permits. Non-groundfish trawl gear is 
generally trawl gear used to target pink shrimp, ridgeback prawn, 
California halibut and sea cucumber. Non-groundfish trawl gear is 
exempt from the limited entry trawl gear restrictions at Sec.  
660.381(b). Fishing with bottom trawl gear with a footrope diameter 
greater than 19 inches (48 cm) (including rollers, bobbins, or other 
material encircling ro tied along the length of the footrope) is 
prohibited anywhere in EFH within the EEZ, as defined by latitude/
longitude coordinates at Sec.  660.395.
* * * * *
    (c) Groundfish Conservation Areas Affecting Open Access Vessels. A 
GCA, a type of closed area, is a geographic area defined by coordinates 
expressed in degrees of latitude and longitude. A vessel that is 
authorized by this paragraph to fish within a GCA (e.g. fishing for 
``other flatfish'' using no more than 12 hooks, ``Number 2'' or 
smaller), may not simultaneously have other gear on board the vessel 
that is unlawful to use for fishing within the GCA. The following GCAs 
apply to vessels participating in the open access groundfish fishery.
* * * * *
    (5) * * *
    (i) Fishing for ``other flatfish'' is permitted within the CCAs 
under the following conditions: when using no more than 12 hooks, 
``Number 2'' or smaller, which measure no more than 11 mm (0.44 inches) 
point to shank, and up to two 1-lb (0.45-kg) weights per line; and 
provided a valid declaration report as required at Sec.  660.303(d) has 
been filed with NMFS OLE.
    (ii) Fishing for rockfish and lingcod is permitted shoreward of the 
20 fm (37 m) depth contour within the CCAs when trip limits authorize 
such fishing, and provided a valid declaration report as required at 
Sec.  660.303(d) has been filed with NMFS OLE.
    (6) Non-trawl Rockfish Conservation Areas for the open access 
fisheries. The non-trawl RCAs are closed areas, defined by specific 
latitude and longitude coordinates (specified at Sec. Sec.  660.390 
through 660.394) designed to approximate specific depth contours, where 
fishing for groundfish with non-trawl gear is prohibited. Boundaries 
for the non-trawl RCA throughout the year are provided in the open 
access trip limit tables, Table 5 (North) and Table 5(South) of this 
subpart and may be modified by NMFS inseason pursuant to Sec.  
660.370(c).
    (i) It is unlawful to operate a vessel in the non-trawl RCA that 
has non-trawl 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 
non-trawl gear is authorized in part 660.
    (ii) On any trip on which a groundfish species is taken with non-
trawl open access gear and retained, the open access non-trawl vessel 
may transit through the non-trawl RCA only if all groundfish non-trawl 
gear is stowed either: below deck; or if the gear cannot readily be 
moved, in a secured and covered manner, detached from all lines, so 
that it is rendered unusable for fishing.
    (iii) The non-trawl RCA restrictions in this section apply to 
vessels 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 non-trawl 
RCA. If a vessel fishes in a non-groundfish fishery in the non-trawl 
RCA, it may not participate in any fishing for groundfish on that trip 
that is prohibited within the non-trawl RCA. [For example, if a vessel 
participates in the salmon troll fishery within the RCA, the vessel 
cannot on

[[Page 44482]]

the same trip participate 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 permitted within the non-
trawl RCA with fixed gear only under the following conditions: when 
using no more than 12 hooks, ``Number 2'' or smaller, which measure no 
more than 11 mm (0.44 inches) point to shank, and up to two 1-lb (0.91 
kg) weights per line when trip limits authorize such fishing; and 
provided a valid declaration report as required at Sec.  660.303(d) has 
been filed with NMFS OLE.
    (7) 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.  660.390 through 660.394) designed 
to approximate specific depth contours, where fishing for groundfish 
with non-trawl gear is prohibited. Boundaries for the non-trawl RCA 
throughout the year are provided in the open access trip limit tables, 
Table 5 (North) and Table 5 (South) of this subpart and may be modified 
by NMFS inseason pursuant to Sec.  660.370(c).
    (i) It is unlawful to operate 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 non-trawl 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 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. [For example, if a vessel participates in the 
pink shrimp fishery within the RCA, the vessel cannot on the same trip 
participate in the DTS fishery seaward of the RCA.] Nothing in these 
Federal regulations supercedes 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.  660.303(d) 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 5 (North) and Table 5 (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.  660.393 when a valid declaration report as 
required at Sec.  660.303(d) has been filed with NMFS OLE. Groundfish 
caught with ridgeback prawn trawl gear are subject to the limits in 
Table 5 (North) and Table 5 (South) of this subpart.
* * * * *
    (10) Essential Fish Habitat Conservation Areas. An EFHCA, a type of 
closed area, is a geographic area defined by coordinates expressed in 
degrees of latitude and longitude at Sec. Sec.  660.396 through 
660.399, where specified types of fishing are prohibited in accordance 
with Sec.  660.306. EFHCAs apply to vessels using bottom trawl gear and 
or vessels using ``bottom contact gear,'' which is defined at Sec.  
660.302 and includes, but is not limited to: beam trawl, bottom trawl, 
dredge, fixed gear, set net, demersal seine, dinglebar gear, and other 
gear (including experimental gear) designed or modified to make contact 
with the bottom.
    (i) The following EFHCAs apply to vessels operating within the West 
Coast EEZ with bottom trawl gear:
    (A) Seaward of a boundary line approximating the 700-fm (1280-m) 
depth contour. Fishing with bottom trawl gear is prohibited in waters 
of depths greater than 700 fm (1280 m) within the EFH, as defined by 
specific latitude and longitude coordinates at Sec.  660.395 and Sec.  
660.396.
    (B) Shoreward of a boundary line approximating the 100-fm (183 m) 
depth contour. Fishing with bottom trawl gear with a footrope diameter 
greater than 8 inches (20 cm) is prohibited in waters shoreward of a 
boundary line approximating the 100-fm (183-m) depth contour, as 
defined by specific latitude and longitude coordinates at Sec.  
660.393.
    (C) EFHCAs for all bottom trawl gear. Fishing with all bottom trawl 
gear is prohibited within the following EFHCAs, which are defined by 
specific latitude and longitude coordinates at Sec. Sec.  660.397 
through 660.398: Olympic 2, Biogenic 1, Biogenic 2, Grays Canyon, 
Biogenic 3, Astoria Canyon, Nehalem Bank/Shale Pile, Siletz Deepwater, 
Daisy Bank/Nelson Island, Newport Rockpile/Stonewall Bank, Heceta Bank, 
Deepwater off Coos Bay, Bandon High Spot, Rogue Canyon.
    (iv) EFHCAs for all bottom trawl gear, except demersal seine gear. 
Fishing with all bottom trawl gear except demersal seine gear (defined 
at Sec.  660.302) is prohibited within the following EFHCAs, which are 
defined by specific latitude and longitude coordinates at Sec.  
660.399: Eel River Canyon, Blunts Reef, Mendocino Ridge, Delgada 
Canyon, Tolo Bank, Point Arena North, Point Arena South Biogenic Area, 
Cordell Bank/Biogenic Area, Farallon Islands/Fanny Shoal, Half Moon 
Bay, Monterey Bay/Canyon, Point Sur Deep, Big Sur Coast/Port San Luis, 
East San Lucia Bank, Point Conception, Hidden Reef/Kidney Bank (within 
Cowcod Conservation Area West), Catalina Island, Potato Bank (within 
Cowcod Conservation Area West), Cherry Bank (within Cowcod Conservation 
Area West), and Cowcod EFH Conservation Area East.
    (v) EFHCAs for bottom contact gear, which includes bottom trawl 
gear. Fishing with bottom contact gear is prohibited within the 
following EFHCAs, which are defined by specific latitude and longitude 
coordinates at Sec. Sec.  660.398-.399: Thompson Seamount, President 
Jackson Seamount, Cordell Bank (50-fm (91-m) isobath), Harris Point, 
Richardson Rock, Scorpion, Painted Cave, Anacapa Island, Carrington 
Point, Judith Rock, Skunk Point, Footprint, Gull Island, South Point, 
and Santa Barbara. Fishing with bottom contact gear is also prohibited 
within the Davidson Seamount EFH Area, which is defined by specific 
latitude and longitude coordinates at Sec.  660.395.
* * * * *
[FR Doc. E7-15339 Filed 8-7-07; 8:45 am]
BILLING CODE 3510-22-P