[Federal Register Volume 78, Number 2 (Thursday, January 3, 2013)]
[Rules and Regulations]
[Pages 580-644]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-31134]



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Vol. 78

Thursday,

No. 2

January 3, 2013

Part IV





Department of Commerce





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National Oceanic and Atmospheric Administration





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50 CFR Part 660





 Magnuson-Stevens Act Provisions; Fisheries Off West Coast States; 
Pacific Coast Groundfish Fishery; 2013-2014 Biennial Specifications and 
Management Measures; Final Rule

  Federal Register / Vol. 78 , No. 2 / Thursday, January 3, 2013 / 
Rules and Regulations  

[[Page 580]]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 660

[Docket No. 120814338-2711-02]
RIN 0648-BC35


Magnuson-Stevens Act Provisions; Fisheries Off West Coast States; 
Pacific Coast Groundfish Fishery; 2013-2014 Biennial Specifications and 
Management Measures

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

ACTION: Final rule.

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SUMMARY: This final rule establishes the 2013-2014 harvest 
specifications and management measures for groundfish taken in the U.S. 
exclusive economic zone off the coasts of Washington, Oregon, and 
California consistent with the Magnuson-Stevens Fishery Conservation 
and Management Act (MSA) and the Pacific Coast Groundfish Fishery 
Management Plan (PCGFMP). This final rule also revises the collection 
of management measures in the groundfish fishery regulations that are 
intended to keep the total catch of each groundfish species or species 
complex within the harvest specifications.

DATES: This rule is effective January 1, 2013.

ADDRESSES: Information relevant to this final rule, which includes a 
final environmental impact statement (EIS), the Record of Decision 
(ROD), a regulatory impact review (RIR), and a final regulatory 
flexibility analysis (FRFA) are available from William Stelle, Regional 
Administrator, Northwest Region, NMFS, 7600 Sand Point Way NE., 
Seattle, WA 98115-0070. Electronic copies of this final rule are also 
available at the NMFS Northwest Region Web site: http://www.nwr.noaa.gov.

FOR FURTHER INFORMATION CONTACT: Sarah Williams, phone: 206-526-4646, 
fax: 206-526-6736, or email: [email protected].

SUPPLEMENTARY INFORMATION:

Electronic Access

    This rule is accessible via the Internet at the Office of the 
Federal Register Web site at https://www.federalregister.gov. 
Background information and documents are available at the NMFS 
Northwest Region Web site at http://www.nwr.noaa.gov/Groundfish-Halibut/Groundfish-Fishery-Management/index.cfm and at the Pacific 
Fishery Management Council's Web site at http://www.pcouncil.org.

Executive Summary

I. Purpose of the Regulatory Action

    This final rule implements the 2013-2014 harvest specifications and 
management measures for groundfish species taken in the U.S. exclusive 
economic zone off the coasts of Washington, Oregon, and California. The 
purpose of this action is to conserve and manage Pacific Coast 
groundfish fishery resources to prevent overfishing, to rebuild 
overfished stocks, to ensure conservation, to facilitate long-term 
protection of essential fish habitats (EFH), and to realize the full 
potential of the Nation's fishery resources. The need for this action 
is to set catch limit specifications and management measures for 2013-
2014 that are consistent with existing or revised overfished species 
target rebuilding years and harvest control rules for all stocks. These 
harvest specifications are set consistent with the optimum yield (OY) 
harvest management framework described in Chapter 4 of the PCGFMP. This 
rule is authorized by 16 U.S.C. 1854-55 and by the PCGFMP.

II. Major Provisions

    This final rule contains two types of major provisions. The first 
are the harvest specifications for all groundfish species and species 
complexes (overfishing limits (OFLs), acceptable biological catches 
(ABCs), and annual catch limits (ACLs)), and the second are management 
measures designed to keep fishing mortality within the ACLs. The 
harvest specifications (OFLs, ABCs, ACLs) in this rule have been 
developed through a rigorous scientific review and decision-making 
process, which is described in detail in the proposed rule for this 
action (77 FR 67974, November 14, 2012) and not repeated here.
    In summary, the OFL is the maximum sustainable yield (MSY) harvest 
level and is an estimate of the catch level above which overfishing is 
occurring. The ABC is an annual catch specification that is the stock 
or stock complex's OFL reduced by an amount associated with scientific 
uncertainty. The ACL is a harvest specification set equal to or below 
the ABC. The ACLs are decided in a manner to achieve OY from the 
fishery, which is the amount of fish that will provide the greatest 
overall benefit to the Nation, particularly with respect to food 
production and recreational opportunities and taking into account the 
protection of marine ecosystems. The ACLs are based on consideration of 
conservation objectives, socio-economic concerns, management 
uncertainty and other factors. All known sources of fishing and 
research catch are counted against the ACL.
    This final rule includes ACLs for the seven overfished species 
managed under the PCGFMP. For the 2013-2014 biennium two species, 
canary rockfish and Pacific ocean perch (POP), require rebuilding plan 
changes. These changes are necessary because the rebuilding analyses 
showed that even in the absence of fishing, these two species were 
unlikely to rebuild by the current target rebuilding year 
(TTARGET) in their rebuilding plans. Because of the 
multispecies nature of the groundfish fishery (the ACL of one species 
can influence the ACL and/or access to another species), the choice of 
canary rockfish and POP harvest rates, and the resulting ACLs and 
TTARGETS, were carefully considered by the Pacific Fishery 
Management Council (Council). In its final recommendation the Council 
weighed many factors including rebuilding progress, biology of the 
stock, economic impacts, allocations, and the need for new or more 
restrictive management measures. Ultimately, the Council recommended 
maintaining the harvest rate in the existing rebuilding plans for POP 
and canary rockfish and establishing revised TTARGETS.
    In order to keep mortality of the species managed under the PCGFMP 
within the ACLs the Council also recommended management measures. 
Generally speaking, management measures are intended to rebuild 
overfished species, prevent ACLs from being exceeded, and allow for the 
harvest of healthy stocks. Management measures include time and area 
restrictions, gear restrictions, trip or bag limits, size limits, and 
other management tools. Management measures may vary by fishing sector 
because different fishing sectors require different types of management 
to control catch. Most of the management measures the Council 
recommended for 2013-2014 were slight variations to existing management 
measures and do not represent a change from current management 
practices. These types of changes include changes to trip limits, bag 
limits, closed areas, etc. However, several new management measures 
were recommended by the Council and proposed by NMFS. Those measures 
are described in detail in the proposed rule for this action.
    This final rule implements the same regulations that were described 
in the proposed rule with a few exceptions.

[[Page 581]]

All of these changes are discussed in detail below in Changes from the 
Proposed Rule.

Background

    The Pacific Coast Groundfish fishery is managed under the PCGFMP. 
The PCGFMP was prepared by the Council, approved on July 30, 1984, and 
has been amended numerous times. Regulations at 50 CFR part 660, 
subparts C through G, implement the provisions of the PCGFMP. The 
PCGFMP requires the harvest specifications and management measures for 
groundfish to be set at least biennially. This final rule is based on 
the Council's final recommendations that were made at its June 2012 
meeting, with slight modifications to reflect the Council's inseason 
management recommendations made at its November 2012 meeting, which are 
described below along with other minor changes from the proposed rule.
    The Notice of Availability for the FEIS for this action was 
published on October 12, 2012 (77 FR 62235). The final preferred 
alternative in the FEIS is the same as the Council's preferred 
alternative that was described in the proposed rule for this action. 
See the preamble to the proposed rule for additional background 
information on the fishery and on this final rule.

Comments and Responses

    NMFS published a proposed rule on November 14, 2012 (77 FR 67974) 
with a comment period that closed on December 5, 2012. NMFS received 
six letters of comment on the proposed rule. Three letters of comment 
came from industry requesting reconsideration of trip limits that are 
proposed to be lower in 2013-2014 than they were in 2012. One commenter 
requested that a two-month seasonal closure of the nearshore fishery be 
lifted, and opened under trip limits during that time of year. 
California Department of Fish and Game (CDFG) requested that NMFS 
reconsider the regulations that would clarify that landing and offloads 
must be completed prior to beginning a new fishing trip. CDFG also 
noted a few mistakes in the preamble of the proposed rule. One 
commenter also requested further consideration of a limited access 
program for the open access fishery. NMFS also received a letter of no 
comment from the Department of the Interior.
    Comment 1: NMFS should not drastically reduce the trip limits for 
sablefish in the open access fishery north of 36[deg] N. lat. such that 
they attempt to eliminate the open access fishery and simultaneously 
raise the trip limits for sablefish south of 36[deg] N. lat. NMFS 
should reconsider the open access sablefish trip limits.
    Response: Trip limits for sablefish are based on the harvest 
specifications and area allocations for each year. These specifications 
are based on stock assessment information and reflect the best 
available science. The changes to harvest specifications for sablefish 
were discussed in the proposed rule. Specifically, the proposed rule 
described how the 2013 and 2014 coastwide OFLs and ABCs, ACLs, and 
allocations for the areas north and south of 36[deg] N. lat. were 
derived.
    The sablefish trip limits in this final rule are developed to keep 
catch within the new sablefish ACLs. The sablefish ACL for the area 
north of 36[deg] N. lat. is decreasing from 5,347 mt in 2012 to 4,012 
mt in 2013 and this is the primary reason for the decreased sablefish 
trip limits. The sablefish ACL for the area north of 36[deg] N. lat. is 
allocated among the various sectors of the groundfish fishery 
consistent with PCGFMP Amendment 6 and Amendment 21; these allocations 
are unchanged from previous specifications cycles. Sablefish trip 
limits for each sector of the groundfish fishery are derived to 
achieve, but not exceed, the sablefish allocations for those sectors. 
Conversely, the sablefish ACL for the area south of 36[deg] N. lat. is 
increasing from 1,258 mt in 2012 to 1,439 mt in 2013. The increase in 
the ACL is the primary reason for the increased sablefish trip limits 
for the area south of 36[deg] N. lat.
    The trip limits for sablefish are anticipated to keep catch below 
the 2013 and 2014 sablefish ACLs. NMFS disagrees with the commenter 
that differential trip limits north and south of 36[deg] N. lat. are 
designed to eliminate the open access fishery. Based on updated 
information from the stock assessment, the distribution of the 
sablefish ACLs north and south of 36[deg] N. lat differs slightly from 
that in 2012, and the SSC also advised the Council that a fuller time 
series of trawl survey and catch data informing stock biomass in the 
Conception area reduced the scientific uncertainty, making the added 50 
percent reduction previously taken south of 36[deg] N. lat. 
unnecessary. Sablefish trip limits for the open access fishery north of 
36[deg] N. lat. are 300 lb per day, or one landing per week of up to 
700 lb, not to exceed 1,400 lb per two months in January-October 
(Periods 1-5) and are 300 lb per day, or one landing per week of up to 
300 lb, not to exceed 600 lb per two months in November-December 
(Period 6). Sablefish trip limits for the open access fishery south of 
36[deg] N. lat., are 300 lb per day, or one landing per week of up to 
1,460 lb, not to exceed 2,920 lb per two months in January-December 
(Periods 1-6). The trip limits described above include modifications 
that the Council recommended at its November meeting, as discussed in 
Changes from the Proposed Rule section.
    Comment 2: Two commenters requested that NMFS reconsider the new, 
lower trip limits for blackgill rockfish in the open access fishery 
south of 40[deg]10[min] N. lat. Both commenters stated that they made 
investments in their gear and fishing vessels because of little 
observed fishing effort in their areas and an abundance of fish. They 
state that the much lower blackgill rockfish trip limits would not 
provide a viable targeting opportunity and will force fishers to target 
sablefish instead. Both commenters also stated that they had very 
little warning of the proposed change to blackgill rockfish trip 
limits.
    Response: In June 2010, the Council initiated the public process 
for making changes to fishing regulations in the 2013-2014 biennial 
management cycle, beginning with the adoption of the schedule for new 
and updated groundfish stock assessments. Since June 2010, NMFS and the 
Council have solicited public input on the development of 2013-2014 
harvest specifications and management measures, including changes to 
blackgill rockfish trip limits. All public comments were considered by 
the Council prior to their final recommendations in June 2012. NMFS and 
the Council also solicited public comment on the Draft Environmental 
Impact Statement (Notice of Availability, 77 FR 35961, June 15, 2012), 
and no comments were received regarding the proposed changes to 
blackgill rockfish trip limits.
    In 2011, blackgill rockfish was assessed for the first time since 
2005. The 2011 assessment base model estimates that depletion in 
spawning output was 30 percent at the start of 2011, putting the stock 
in the precautionary zone (above the 25 percent minimum stock size 
threshold but below the 40 percent management target). Compared to the 
2005 assessment, which estimated that depletion had never dropped below 
50 percent, the new stock assessment indicates a significantly more 
pessimistic view. The new harvest specifications for blackgill 
rockfish, including their contribution to the minor slope rockfish 
complex, are discussed in the preamble to the proposed rule (77 FR 
67974, 67977-80, November 14, 2012). To keep harvest of blackgill 
rockfish within the new species-specific harvest guidelines

[[Page 582]]

(HGs) for the area south of 40[deg]10[min] N. lat., of 106 mt and 110 
mt in 2013 and 2014, respectively, changes to fishery management 
measures were necessary in the non-IFQ fisheries.
    There are two primary measures used to control catch of groundfish 
in the non-IFQ fisheries: Area closures and trip limits. Appendix C of 
the EIS for the 2013-2014 harvest specifications and management 
measures indicates that reductions in bi-monthly trip limits would 
provide an effective tool to reduce harvest of blackgill rockfish south 
of 40[deg]10[min] N. lat. The Council considered a range of blackgill 
rockfish trip limits for both the limited entry fixed gear fishery and 
the open access fishery. For the open access fishery south of 
40[deg]10[min] N. lat., available information on average catch of 
blackgill rockfish from 2008-2010 indicated that a bi-monthly limit 
between approximately 400 lb (181 kg) and 500 lb (227 kg) per two 
months would keep harvest of blackgill rockfish within the open access 
portion of the non-trawl allocation. Analyses also indicated that as 
long as the blackgill rockfish trip limit was higher than 400 lb per 2 
months, less than 10 percent of open access vessels would see their 
catch of blackgill rockfish reduced in order to comply with the 
proposed bi-monthly limit (475 lb (215 kg) per 2 months).
    The trip limits for blackgill rockfish are anticipated to keep 
catch below the new 2013 and 2014 blackgill rockfish HGs. For the 
limited entry fixed gear fishery south of 40[deg]10[min] N. lat., this 
final rule establishes a species-specific sublimit within the minor 
slope rockfish limit, for blackgill rockfish of 1,375 lb (653 kg) per 
two months, which is consistent with the proposed rule. For the open 
access fishery south of 40[deg]10[min] N. lat., this final rule 
establishes a species-specific sub-limit within the minor slope 
rockfish limit, for blackgill rockfish of 475 lb (215 kg) per two 
months, which is also consistent with the proposed rule.
    Comment 3: The closure of the California nearshore groundfish 
fishery during March and April has a negative effect on groundfish 
fishermen because market demand for fresh fish during those months must 
be met by other sources. NMFS should adjust the nearshore fishery trip 
limits to eliminate this two-month closure and to allow the nearshore 
fishery to operate year round.
    Response: Trip limits for nearshore species are designed to keep 
fishing mortality within nearshore species harvest specifications while 
providing year-round fishing opportunity, if possible, consistent with 
Management Goal 3, Utilization in section 2.1, and the guidance on trip 
landing limits in section 6.7.2, of the PCGFMP. Since at least 2002, 
there has been a two-month closure in the nearshore fisheries south of 
40[deg]10[min] N. lat. Beginning in 2002, some commercial fishing 
opportunities were restricted to reduce harvest of overfished rockfish 
species. Seasonal closures were implemented in the limited entry fixed 
gear and open access commercial nearshore fisheries during the closed 
seasons for recreational fisheries in the same areas. The Council and 
NMFS took this action to reduce overall targeting of rockfish using 
hook and line gears, both commercial and recreational, to achieve lower 
mortality on overfished species (67 FR 1555, 1574, January 11, 2002). 
NMFS will forward this request to the Council for consideration and 
additional analysis and encourages the commenter to follow up with 
their representatives on the Council and its advisory bodies; however, 
based on the recommendations of the Council, this final rule does not 
eliminate the two month closure.
    Comment 4: CDFG does not support applying the requirement for a 
full offload of fish prior to the commencement of a new fishing trip to 
the limited entry fixed gear and open access fisheries. Also, CDFG 
stated they had concerns about conflicting information in the EIS 
relative to the fiscal impacts of this requirement.
    Response: Existing regulations essentially require a full offload 
before the start of a new fishing trip; these regulations include the 
definition of landing at Sec.  660.11, and specifications and 
management measures on landings at Sec.  660.60(h)(2), which apply to 
the limited entry fixed gear and open access fisheries. Specifically, 
the regulations require that once transfer of fish begins at an 
offload, all fish onboard are counted as part of that landing and must 
be recorded as such. While this implies that all fish must be off the 
vessel before starting the next fishing trip, a prohibition would make 
it clearer. The new prohibition in Sec.  660.12 corresponds to these 
existing provisions, makes the requirement explicit, and mirrors the 
existing prohibitions for the limited entry trawl fisheries at Sec.  
660.112(b)(1)(xv) and (d)(8). Therefore, as discussed in the EIS, the 
impacts of the new prohibition in Sec.  660.12 are not expected to be 
considerable because current practices already comply with the existing 
regulations. Because the changes to regulations in this rule 
essentially correspond to existing regulations and to current 
practices, no changes are made in response to this comment.
    CDFG expressed concerns about fiscal impacts and statements in the 
EIS that CDFG considered to be conflicting, but NMFS notes that one 
statement concerns the presence of costs while the other the magnitude 
of the costs. The quoted text states this measure would ``increase 
costs'' and would result in ``no considerable change in impacts''. NMFS 
believes a small increase in costs, like the one anticipated in this 
case, could result in no considerable change in impacts.
    CDFG also stated that it was unclear whether the current practice 
of split deliveries would still be permissible. NMFS points out that 
split deliveries are allowed under current federal regulations, 
although a state may have more restrictive state regulations. This 
final rule does not change that. In the limited entry fixed gear and 
open access fisheries, how the landing is delivered and recorded on a 
state fish receiving ticket is addressed under state regulation and 
should comply with federal requirements.
    Regarding the need for the change in regulations, NMFS notes that 
during the development of the trawl rationalization program, a 
prohibition was added to make it explicit that the requirements at 
Sec.  660.11 and Sec.  660.60(h)(2) require all fish to be offloaded 
before starting a new fishing trip. However, the same prohibition was 
not implemented for the limited entry fixed gear and open access 
fisheries through that rule because that rule focused on the limited 
entry trawl fisheries. Therefore, the prohibition is added as part of 
this rule and applies to the limited entry fixed gear and open access 
fisheries in addition to the limited entry trawl fisheries (except for 
processing vessels in the mothership and catcher/processor sectors). 
The requirements at Sec.  660.11, Sec.  660.60(h)(2), and now the 
prohibition at Sec.  660.12(a)(11) support catch accounting and provide 
for enforcement of harvest limits by making it clear which fishery 
information (such as vessel monitoring system data, fishery declaration 
data, observer data, logbook data (if applicable), per trip limits, 
etc.) applies to the fish being reported as part of that landing.
    Finally, NMFS specifically requested comments on this issue in the 
proposed rule for this action and only CDFG submitted comments 
regarding the matter. No comments were received on this issue during 
the comment period on the draft EIS or the final EIS.
    Comment 5: CDFG noted several inconsistencies between numbers in 
the preamble of the proposed rule with

[[Page 583]]

numbers in the proposed regulations; the numbers in regulation were all 
correct but some incorrect numbers published in the preamble text.
    Response: NMFS acknowledges the errors in the preamble of the 
proposed rule. NMFS has thoroughly reviewed the regulations that are 
implemented in this final rule and has found no errors requiring 
correction from what was proposed in the regulatory text.
    Comment 6: NMFS should reconsider the 2007 proposal for a license 
limitation program for the open access fishery.
    Response: At its March 2009 meeting, the Council voted for a 
registration only program for the open access fishery, and did not 
choose to implement a Federally-permitted limited access program in the 
commercial open access groundfish fishery. Deciding whether or not to 
implement a program that limits participation in the open access 
fishery was not discussed in the proposed rule and is not part of this 
final rule.
    Comment 7: The United States Department of the Interior stated they 
have no comments.
    Response: NMFS appreciates the Department of the Interior 
submitting its no comment conclusion.

Changes From the Proposed Rule

    This final rule contains some modifications to the proposed rule to 
reflect the Council's inseason recommendations made at its November 
2012 meeting. This rule also includes changes to the deficit carryover 
provisions as a consequence of the geographic split of lingcod in the 
shorebased IFQ fishery. NMFS made these minor adjustments to the 2013-
2014 harvest specifications and management measures in response to 
updated fishery information and to further refine regulations 
consistent with the intent of the proposed regulations.
    The Council reviews the most recent and best available scientific 
information at each of its meetings to determine whether potential 
changes to routine management measures are appropriate. These changes 
have the intent to achieve, to the extent possible, but not exceed, 
ACLs of target species, while fostering the rebuilding of overfished 
stocks. At its November 3-7 meeting in Costa Mesa, CA, the Council, in 
consultation with Pacific Coast Treaty Indian Tribes and the States of 
Washington, Oregon, and California, recommended changes to the 2013-
2014 proposed groundfish management measures based upon updated fishery 
information and subsequent inseason management needs. These changes: 
(1) Decrease sablefish limits in the Limited Entry Daily Trip Limit 
(DTL) fishery North of 36[deg] N. lat.; (2) Modify trip limits for 
sablefish in the Open Access fishery North of 36[deg] N. lat.; and, (3) 
revise Washington State recreational groundfish fishery management 
measures in Marine areas 3 and 4 to be more precautionary.

Limited Entry (LE) Fixed Gear Fishery Management Measures

Sablefish Daily Trip Limit (DTL) Trip Limits North of 36[deg] N. lat.
    To ensure that harvest opportunities for this stock do not exceed 
the LE fixed gear sablefish DTL allocation north of 36[deg] N. lat., 
the Council considered decreases to 2013 trip limits and the potential 
impacts on overall catch levels from trip limits in the proposed rule. 
Since publication of the proposed rule, model-based landings 
projections of the LE fixed gear sablefish DTL fishery north of 36[deg] 
N. lat. were made for 2013 by the Council's Groundfish Management Team 
(GMT). These projections were made based on the most recent information 
available under the current 2012 trip limit scenario, and predicted a 
harvest attainment of 129 percent to 158 percent, depending on the 
range of possible fuel prices which would subsequently affect fishing 
effort, in excess of this fishery's harvest guideline under the status 
quo trip limits. An overage by the northern LE fixed gear sablefish DTL 
fishery could result in an overage of the northern sablefish ACL.
    Therefore, the Council recommended and NMFS is implementing trip 
limit changes for the LE fixed gear sablefish DTL fishery in 2013 north 
of 36[deg] N. lat. that decrease LE fixed gear sablefish DTL fishery 
limits from those suggested in the proposed rule from ``1,100 lb (499 
kg) per week, not to exceed 4,200 lb (1,905 kg) per 2 months'' to ``950 
lb (431 kg) per week, not to exceed 2,850 lb (1293 kg) per 2 months'' 
for periods 1-6. This change in trip limits is not anticipated to 
increase projected impacts to overfished species and is anticipated to 
help maintain mortality levels within the northern sablefish ACL.

Open Access (OA) Fixed Gear Fishery Management Measures

Sablefish Daily Trip Limit (DTL) Trip Limits North of 36[deg] N. lat.
    To ensure harvest opportunities for the OA fixed gear sablefish DTL 
fishery, and that its harvest guideline north of 36[deg] N. lat. is 
attained without being exceeded, the Council considered decreases to 
trip limits for sablefish in this fishery and the potential impacts on 
overall catch levels. The Council's GMT made model-based landings 
projections of the OA fixed gear sablefish DTL fishery north of 36[deg] 
N. lat. for 2013. These projections were based on the most recent 
information available under the current 2012 trip limit scenario, and 
projected a harvest of 88 percent (257 mt) of this fishery's harvest 
guideline (291 mt in 2013) under the status quo trip limits. At the 
November Council meeting, the Groundfish Advisory Sub-panel (GAP) 
requested an alternative trip limit structure for the Open Access North 
fishery to facilitate more viable fishing opportunities throughout the 
season when participants are more active in the fishery, largely due to 
weather considerations. The approach the Council recommended was to 
reduce trip limits in Period 6, in order to increase the limits for 
Periods 1 through 5.
    Therefore, the Council recommended and NMFS is implementing trip 
limit changes for the OA fixed gear sablefish DTL fishery north of 
36[deg] N. lat. that adjust OA fixed gear sablefish DTL fishery limits 
from ``300 lb per day (136 kg), or one landing per week of up to 610 lb 
(277 kg), not to exceed 1,220 lb (553 kg) per two months'' for periods 
1-6 as suggested in the proposed rule to ``300 lb (136 kg) per day, or 
one landing per week of up to 700 lb (318 kg), not to exceed 1,400 lb 
(635 kg) per 2 months'' for periods 1-5 and ``300 lb (136 kg) per day 
or one landing per week up to 300 lb (136 kg), not to exceed 600 lbs 
(272 kg) per two months'' for period 6 in 2013.

Washington Recreational Groundfish Fishery Management Measures

    The Washington State Department of Fish and Wildlife (WDFW) briefed 
the Council at its September and November meetings that the 
recreational bottomfish fishery would exceed its yelloweye rockfish 
harvest guideline, and that the state had taken emergency action to 
close the fishery in Neah Bay and La Push beginning on September 4 for 
the remainder of the year. In order to prevent the Washington 
recreational bottomfish fishery from exceeding its harvest guideline in 
2013 and 2014, WDFW requested more precautionary management measures 
for the Washington north coast area (Marine Areas 3 and 4), which the 
Council approved for 2013 and 2014 during its consideration of inseason 
management measures at its November meeting.
    Management measures approved for the north coast for 2011-2012 
restrict the recreational bottomfish fishery to the area shoreward of 
20 fathoms from

[[Page 584]]

June 1 to September 30, except on days open to the halibut fishery. 
Management measures approved for the north coast for 2013-2014 now 
restrict the recreational bottomfish fishery to the area shoreward of 
20 fathoms from May 1 to September 30, except on days open to the 
halibut fishery. On days that the halibut fishery is open, no 
bottomfish except lingcod, Pacific cod, and sablefish can be retained 
seaward of 20 fathoms. The proposed changes to the recreational 
management measures from the proposed rule are specific to the north 
coast (Marine Areas 3 and 4) as the majority of Washington states' 
yelloweye encounters occur in this area. Restricting the bottomfish 
fishery to shallower water, and starting at a more precautionary 
earlier date, will reduce encounters with yelloweye rockfish and 
improve survivability of released fish. These more restrictive 
management measures are anticipated to allow Washington to stay within 
their 2013-2014 harvest guideline of 2.9 mt.
    Therefore, the Council recommended and NMFS is implementing changes 
to the Washington recreational fisheries for 2013-2014 for Marine Areas 
3 and 4, to restrict the recreational bottomfish fishery to the area 
shoreward of 20 fathoms from May 1 to September 30, except on days open 
to the halibut fishery, in which no bottomfish except lingcod, Pacific 
cod, and sablefish can be retained seaward of 20 fathoms. These 
adjustments to recreational fishery management measures are not 
expected to result in greater impacts to overfished species than 
originally projected through the end of 2013 or 2014.

Geographic Split of Lingcod in the Shorebased IFQ Program

    Consistent with what was proposed, NMFS is dividing lingcod 
management north and south of 40[deg]10' N. lat. beginning in 2013. 
Regulations at Sec.  660.140(c)(3)(vii)(A)(1) specify how to reallocate 
quota share (QS) for an IFQ species getting subdivided by area, which 
would be done for QS permits and their associated QS accounts beginning 
in 2013. In the proposed rule, NMFS proposed subdivided accumulation 
limits in the tables that describe QS control limits at Sec.  
660.140(d)(4)(i)(C) and the quota pound (QP) vessel limits at Sec.  
660.140(e)(4)(i), but did not propose a methodology for subdividing 
accumulation limits in regulation at Sec.  660.140(c)(3)(vii) for use 
in future reallocations. Since the proposed rule published, NMFS has 
noted that the regulations also do not specify how to address carryover 
in the shorebased IFQ program when there is an area subdivision either 
within the carryover provisions at Sec.  660.140(e)(5), or within the 
provisions addressing changes in management areas or subdivision of a 
species group as specified at Sec.  660.140(c)(3)(vii). The Council and 
NMFS will need to consider how reallocations affect surplus carryover, 
QS control limits (including aggregate non-whiting groundfish species), 
vessel limits (including aggregate non-whiting groundfish species), and 
potentially, a different solution to deficit carryover. However, for 
deficit carryover an immediate solution is necessary because deficit 
carryover of the previously coastwide lingcod QP could occur on January 
1, 2013. The addition of provisions addressing deficit carryover in 
this context is a logicial extension of what was proposed. Accordingly 
NMFS is implementing changes with this final rule at Sec.  
660.140(e)(5)(ii) to not allow carryover of a deficit into the 
following year for an IFQ species that has had a change in management 
areas or subdivision of a species group as specified at Sec.  
660.140(c)(3)(vii). In 2013, for any vessel account with a negative 
balance of coastwide lingcod QP that would have been carried over from 
2012, NMFS will assume a balance of zero rather than a negative balance 
prior to any 2013 QP transfers of lingcod into that vessel account. 
This change is expected to impact very few, if any, vessel accounts in 
2013. Any biological or socioeconomic impacts are expected to be 
minimal and within the range previously considered.

Classification

    The Administrator, Northwest Region, NMFS, has determined that the 
2013-2014 groundfish harvest specifications and management measures, 
which this final rule implements, are consistent with the national 
standards of the Magnuson-Stevens Act and other applicable laws.
    NMFS finds good cause to waive the 30-day delay in effectiveness 
pursuant to 5 U.S.C. 553(d)(3), so that this final rule may become 
effective on January 1, 2013. Leaving the 2012 harvest specifications 
and management measures in place could cause harm to some stocks 
because those management measures are not based on the most current 
scientific information; in addition, it could cause drastic management 
changes later in the year to prevent exceeding some lower 2013 harvest 
specifications once they are implemented. For example, the sablefish 
ACL and commercial trip limits for the area north of 36[deg] N. lat. 
are lower in 2013 than in 2012. If changes to reduce sablefish trip 
limits are delayed, higher sablefish trip limits will remain in place. 
If those higher trip limits are caught in these commercial fisheries 
early in the year, it could cause severe restrictions and potential 
closures later in the year. Additionally, if changes to management 
measures that could reduce catch of sablefish are delayed it could 
increase the risk of exceeding the lower 2013 ACL. Because this final 
rule also increases the catch limits for several species for 2013, 
leaving 2012 harvest specifications in place could unnecessarily delay 
fishing opportunities until later in the year, potentially reducing the 
total catch for these species in 2013. Thus, a delay in effectiveness 
could ultimately cause economic harm to the fishing industry and 
associated fishing communities or result in harvest levels inconsistent 
with the best available scientific information. As a result of the 
potential harm to fish stocks and fishing communities that could be 
caused by delaying the effectiveness of this final rule, NMFS finds 
good cause to waive the 30-day delay in effectiveness.
    NMFS also finds good cause to waive prior public notice and comment 
on the changes to the proposed rule in response to the Council's 
inseason recommendations for revisions to groundfish fishery management 
measures. NMFS finds good cause under 5 U.S.C. 553(b) because notice 
and comment would be impracticable and contrary to the public interest.
    Providing prior notice and opportunity to comment on the Council's 
inseason recommendations would be impracticable because managing the 
fishery pursuant to the best scientific information available requires 
that these changes be in place by January 1, 2013. Because the Council 
met in November 2012, there was not sufficient time after receiving the 
Council's recommendations to issue a proposed rule and allow for public 
comment before these actions needed to be in effect. Affording the time 
for prior notice and opportunity for public comment would have 
prevented NMFS from managing fisheries using the best available science 
to approach, without exceeding, the ACLs for federally managed species 
in accordance with the FMP and applicable law. The Council's 
recommendations are modifications to routine management measures that 
adaptively respond to updated fishery information. If the harvest 
specifications contained in this rule become final prior to the 
Council's recommend inseason modifications, then harvesting at the 
beginning of 2013 could occur in a manner inconsistent with the most

[[Page 585]]

recent scientific information, which would be contrary to NMFS' legal 
mandate under the MSA.
    In addition, delaying the implementation of the Council's inseason 
recommendations to allow for prior notice and public comment would be 
contrary to the public interest. Delaying implementation could result 
in potential harm to both fish stocks and fishing communities. For 
example, the Council's review of the best available information 
indicated that reduced limited entry commercial trip limits are 
necessary for sablefish in the area north of 36[deg] N. lat. These 
reduced limits must be in place at the beginning of period 1 (January-
February) to reduce the likelihood of exceeding the sablefish ACL and 
minimize the need for drastic reductions in harvest later in the year, 
which could cause significant economic harm to fishing communities that 
rely on this fishery. The increased opportunities earlier in the year 
for the OA fixed gear fishery are also important to fishing communities 
and it would be contrary to the public interest to not allow these 
fishermen access to harvest limits that are based on the best 
scientific information available. Similarly, reducing the potential for 
yelloweye rockfish mortality to exceed the recreational groundfish 
yelloweye rockfish harvest guideline is important for rebuilding 
overfished stocks. A delay in implementation of the Council's 
recommendations would impair achievement of the PCGFMP goals and 
objectives of managing for appropriate harvest levels while providing 
for fishing and marketing opportunities. Ultimately, taking the time 
necessary for full notice and comment rulemaking and a delay in 
effectiveness could cause economic harm to the fishing industry and 
associated fishing communities, in addition to adversely affecting fish 
stocks.
    Accordingly, for the reasons stated above, NMFS also finds good 
cause to waive prior notice and comment on the changes from the 
proposed rule.
    NMFS prepared an FEIS for the 2013-2014 groundfish harvest 
specifications and management measures. The Environmental Protection 
Agency published a notice of availability for the FEIS on October 12, 
2012 (77 FR 622325.) A copy of the FEIS is available online at http://www.pcouncil.org/. In approving the 2013-2014 groundfish harvest 
specifications and management measures, NMFS issued a Record of 
Decision (ROD) identifying the selected alternatives. A copy of the ROD 
is available from NMFS (see ADDRESSES).
    This final rule has been determined to be not significant for 
purposes of Executive Order 12866.
    A final regulatory flexibility analysis (FRFA) was prepared. The 
FRFA incorporates the IRFA, a summary of the significant issues raised 
by the public comments in response to the IRFA, NMFS' responses to 
those comments, and a summary of the analyses completed to support the 
action. A copy of the FRFA is available from NMFS (see ADDRESSES) and a 
summary of the FRFA, per the requirements of 5 U.S.C. 604(a), follows:
    NMFS received no comments to the RIR/IRFA. While none of the 
comments specifically addressed the IRFA, the first four comments 
discussed in the final rule concerned direct socio-economic 
implications of this rule on small commercial entities. There were 
requests for trip limit adjustments for open access sablefish (Comment 
1) and for blackgill rockfish (Comment 2), for changes in the nearshore 
California groundfish season (Comment 3), and clarification that 
existing regulations essentially require a full offload before the 
start of a fishing trip (Comment 4). Comments 1-3 reflect requests for 
changes that may positively affect one set of small entities, but 
negatively affect others. Trip limits and seasons are designed to keep 
catch below 2013-2014 ACLs and reflect changes in stock assessment 
data, current allocation formulas among the fleets, and striving to 
achieve the goal of a year-round fishery. To keep within the ACLs, 
increases in bimonthly trip limits or increasing a season by two months 
in the beginning of the year would need to be balanced against 
decreasing trip limits later in the year or ending the season earlier 
in the year. The impacts of the new clarifying regulations on 
offloading (Comment 4) are not expected to be considerable because 
current practices already comply with the existing regulations which 
were clarified in this rule. The new regulations in this rule do not 
create new requirements but rather clarify existing practices.
    NMFS agrees that the Council's choice of preferred alternatives 
would best achieve the Council's objectives while minimizing, to the 
extent practicable, the adverse effects on harvesters, processors, 
fishing support industries, and associated communities. The preamble 
above provides a statement and need for, and objective of this rule. 
The MSA provides the statutory basis for this rule. No duplicative, 
overlapping, or conflicting Federal rules have been identified. This 
final rule would not introduce any changes to current reporting, 
recordkeeping, and other complicance requirements.
    This rule regulates businesses that harvest groundfish. This rule 
directly affects limited entry fixed gear permit holders, trawl QS and 
whiting catch history endorsed permit holders (which includes 
shorebased whiting processors), tribal vessels, charterboat vessels, 
and open access vessels. QS holders are directly affected because the 
amount of QP they receive based on their QS are affected by the ACLs. 
Vessels that fish under the trawl rationalization program receive their 
QP from the QS holders, and thus are indirectly affected if they only 
own vessel accounts rather than QS. Similarly, mothership processors 
are indirectly affected as they receive the fish they process from 
limited entry permits that are endorsed with whiting catch history 
assignments. According to the Small Business Administration (SBA), a 
small commercial harvesting business is one that has annual receipts 
under $4.0 million, a small charter boat business is one that has 
annual receipts under $7.0 million, and a small processor is one that 
employs 500 employees or fewer. To determine the number of small 
entities potentially affected by this rule, NMFS reviewed analyses of 
fish ticket data and limited entry permit data. NMFS also reviewed the 
EIS associated with this rulemaking. The EIS includes information on 
charterboat, tribal, and open access fleets, available cost-earnings 
data developed by Northwest Fisheries Science Center (NWFSC). NMFS also 
reviewed responses associated with the permitting process for the trawl 
rationalization program--applicants were asked if they considered 
themselves a small business based on SBA definitions. This rule would 
regulate businesses that harvest groundfish.
    NMFS makes the following conclusions based primarily on analyses 
associated with fish ticket data and limited entry permit data, 
available employment data provided by processors, information on the 
charterboat and tribal fleets, available industry responses to on-going 
surveys on ownership, current permit information, and the EIS 
associated with this rulemaking. As part of the permitting process for 
the trawl rationalization program, applicants were asked if they 
considered themselves a small business. QS were initially allocated to 
166 limited entry trawl permit holders (permits held by catcher 
processors did not receive QS, while one limited entry trawl permit did 
not

[[Page 586]]

apply to receive QS) and to 10 whiting processors. 36 limited entry 
permits also have mothership/catcher vessel endorsements and catch 
history assignments. Because many of these permits were owned by the 
same entity, these initial allocations were consolidated into 138 QS 
permits/accounts. Of the 166 limited entry permits that received QS, 25 
limited entry trawl permits are either owned or closely associated with 
a ``large'' shorebased processing company or with a non-profit 
organization that considers itself a ``large'' organization. Nine other 
permit owners indicated that they were ``large'' companies. Almost all 
of these large companies are associated with the shorebased and 
mothership whiting fisheries. The remaining 132 limited entry trawl 
permits are likely held by ``small'' companies. Of the 10 shorebased 
processing companies (whiting first receivers/processors) that received 
whiting QS, three are ``small'' entities.
    There are 222 fixed gear limited entry permits with 164 of these 
permits endorsed for sablefish. Currently 105 of these sablefish 
permits are stacked onto 42 vessels. Open access vessels are not 
federally permitted so counts based on landings can provide an estimate 
of the fleet. In 2011, 682 directed open access vessels fished while 
284 incidental open access vessels fished for a total of 966 vessels. 
Over the 2005-2010 period, 1,583 different directed open access vessels 
fished and 837 different incidental open access vessels fished for a 
total of 2,420 different vessels. According to the EIS, over the 2008-
2010 period, 447 to 470 charterboats participated in the groundfish 
fishery. The four tribal fleets sum to a total of 54 longline vessels, 
5 whiting trawlers, and 5 non-whiting trawlers, for a grand total of 64 
vessels. Available information on average revenue per vessel suggests 
that all the entities in these groups can be considered small. The 
above analysis suggests that there are approximately 1,400 small 
entities involved in the fishery.
    These regulations implement the Council's preferred alternative. 
The key economic effects of the Council's alternatives and the other 
alternatives were described in detail in the proposed rule for this 
action. The economic effects of the Council's preferred alternative 
were compared with the no action alternative where the no action 
alternative reflects maintaining 2011-2012 harvest specifications and 
management measures into 2013-2014. Compared with no action, under the 
Council's preferred alternative, total shoreside ex-vessel revenue is 
projected to decline by $9.174 million (-9.8 percent) and accounting 
net revenues by $4.510 (-14.7 percent). The nearshore open access fleet 
would see projected revenues increase by $0.539 million (+12.8 
percent). All other shoreside directed groundfish sectors would 
experience ex-vessel revenue decreases from no action under the 
Council's preferred alternative: whiting trawl by $0.278 million (-1.2 
percent), non-whiting trawl by $3.175 million (-11.8 percent), limited 
entry fixed gear by $3.782 million (-19.8 percent), non-nearshore open 
access by $1.436 million (-18.7 percent), and Tribal groundfish by 
$1.042 million (-8.8 percent). Ex-vessel revenues for limited entry 
fixed gear, non-nearshore open access and Tribal sectors do not vary 
across the action alternatives. Under the preferred alternative and 
alternative 1, angler trips coastwide are projected to increase by 
1,700 (+0.3 percent) over no action, with all of the increase occurring 
in the Mendocino and Sonoma County (Fort Bragg--Bodega Bay) region of 
California. No change in angler effort is expected in Washington or 
Oregon. Alternative 1 shows the greatest increase in angler trips under 
the action.
    Compared to the status quo as measured by the no action 
alternative, total ex-vessel revenue under the final regulations is 
projected to decline by about 10 percent ($9.2 million) and accounting 
net revenues (vessel ``profits'') by 15 percent ($4.5 million). This is 
primarily due to the decline in the sablefish ACLs, which under no 
action/status quo alternative sum to 6,813 mt, versus 5,451 mt under 
the proposed regulations. This is a 20 percent decline in the ACL. 
Based on sablefish prices used in the analysis, declining sablefish 
revenues account for about 80 percent of the projected decline of $9 
million. Under the proposed regulations, angler trips coastwide are 
projected to increase by 1,700 (+0.3 percent) compared to no action. 
Under the final regulations, income from commercial groundfish fishing 
is projected to decline by $9.274 million (-10.3 percent). Income 
impacts from recreational groundfish are expected to increase by $0.136 
million (+0.2 percent). Combined coastwide commercial plus recreational 
income impacts are expected to decrease by $9.138 million (-5.6 
percent) compared to the no action alternative. (Note that for Pacific 
whiting, the 2011 total allowable catch (TAC) was used for analysis 
purposes. The values of the Pacific whiting TACs will be determined in 
April 2013 and again in 2014. Similarly, the analysis used the 2011 
Pacific halibut specifications. Pacific halibut specifications will be 
known in early 2013 and early 2014.)
    There are no additional projected reporting, record-keeping, and 
other compliance requirements of this rule not already envisioned 
within the scope of current requirements. References to collections-of-
information made in this action are intended to properly cite those 
collections in Federal regulations, and not to alter their effect in 
any way.
    No Federal rules have been identified that duplicate, overlap, or 
conflict with this action. NMFS issued Biological Opinions under the 
Endangered Species Act (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 PCGFMP 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 PCGFMP is 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 issued a Supplemental Biological Opinion on March 11, 2006 
concluding that neither the higher observed bycatch of Chinook in the 
2005 whiting fishery nor new data regarding salmon bycatch in the 
groundfish bottom trawl fishery required a reconsideration of its prior 
``no jeopardy'' conclusion. NMFS also reaffirmed its prior 
determination that implementation of the PCGFMP 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 Oregon Coastal 
coho (73 FR 7816, February 11, 2008) were recently relisted as 
threatened under the ESA. The 1999 biological opinion concluded that 
the bycatch of salmonids in the Pacific whiting fishery were almost 
entirely Chinook salmon, with little or no

[[Page 587]]

bycatch of coho, chum, sockeye, and steelhead.
    On December 7, 2012, NMFS completed a biological opinion concluding 
that the groundfish fishery is not likely to jeopardize non-salmonid 
marine species including listed eulachon, green sturgeon, humpback 
whales, Steller sea lions, and leatherback sea turtles. The opinion 
also concludes that the fishery is not likely to adversely modify 
critical habitat for green sturgeon and leatherback sea turtles. An 
analysis included in the same document as the opinion concludes that 
the fishery is not likely to adversely affect green sea turtles, olive 
ridley sea turtles, loggerhead sea turtles, sei whales, North Pacific 
right whales, blue whales, fin whales, sperm whales, Southern Resident 
killer whales, Guadalupe fur seals, or the critical habitat for Steller 
sea lions.
    As Steller sea lions and humpback whales are also protected under 
the Marine Mammal Protection Act, incidental take of these species from 
the groundfish fishery must be addressed under MMPA section 
101(a)(5)(E). On February 27, 2012, NMFS published notice that the 
incidental taking of Steller sea lions in the West Coast groundfish 
fisheries is addressed in NMFS' December 29, 2010 Negligible Impact 
Determination (NID) and this fishery has been added to the list of 
fisheries authorized to take Steller sea lions. 77 FR 11493 (Feb. 27, 
2012). NMFS is currently developing MMPA authorization for the 
incidental take of humpback whales in the fishery.
    On November 21, 2012, the U.S. Fish and Wildlife Service (FWS) 
issued a biological opinion concluding that the groundfish fishery will 
not jeopardize the continued existence of the short-tailed albatross. 
The (FWS) also concurred that the fishery is not likely to adversely 
affect the marbled murrelet, California least tern, southern sea otter, 
bull trout, nor bull trout critical habitat.
    Pursuant to Executive Order 13175, this final rule was developed 
after meaningful consultation and collaboration with Tribal officials 
from the area covered by the FMP. Under the Magnuson-Stevens Act at 16 
U.S.C. 1852(b)(5), one of the voting members of the Pacific Council 
must be a representative of an Indian Tribe with Federally recognized 
fishing rights from the area of the Council's jurisdiction. In 
addition, regulations implementing the FMP establish a procedure by 
which the Tribes with treaty fishing rights in the area covered by the 
FMP request new allocations or regulations specific to the Tribes, in 
writing, before the first of the two meetings at which the Council 
considers groundfish management measures. The regulations at 50 CFR 
660.50(d)(2) further state ``the Secretary will develop Tribal 
allocations and regulations under this paragraph in consultation with 
the affected Tribe(s) and, insofar as possible, with Tribal 
consensus.'' The Tribal management measures in this final rule have 
been developed following these procedures.

List of Subjects in 50 CFR Part 660

    Fisheries, Fishing, and Indian Fisheries.

    Dated: December 20, 2012.
Alan D. Risenhoover,
Director, Office of Sustainable Fisheries, performing the functions and 
duties of the Deputy Assistant Administrator for Regulatory Programs, 
National Marine Fisheries Service.

    For the reasons set out in the preamble, 50 CFR part 660 is amended 
as follows:

PART 660--FISHERIES OFF WEST COAST STATES

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

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

Subpart C--West Coast Groundfish Fisheries

0
2. In Sec.  660.11, revise the definitions for ``Conservation area(s)'' 
paragraph (1), and ``Fishery harvest guideline'' as follows:


Sec.  660.11  General definitions.

* * * * *
    Conservation area(s) * * *
    (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. 
Regulations at Sec.  660.60(c)(3) describe the various purposes for 
which these GCAs may be implemented. Regulations at Sec.  660.70 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 
Bycatch Reduction Areas or BRAs and 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 conservation 
needs. Regulations at Sec. Sec.  660.70 through 660.74 define RCA 
boundary lines with latitude/longitude coordinates; regulations at 
Tables 1 (North) and 1 (South) of subpart D, Tables 2 (North) and 2 
(South) of subpart E, and Tables 3 (North) and 3 (South) of subpart F 
set RCA seasonal boundaries. Fishing prohibitions associated with GCAs 
are in addition to those associated with EFH Conservation Areas.
* * * * *
    Fishery harvest guideline means the harvest guideline or quota 
after subtracting from the TAC, ACL, or ACT when specified, any 
allocation or projected catch for the Pacific Coast treaty Indian 
Tribes, projected research catch, deductions for fishing mortality in 
non-groundfish fisheries, and deductions for EFPs.
* * * * *

0
3. In Sec.  660.12, paragraphs (a)(11) through (a)(13) are redesignated 
as (a)(12) through (a)(14) and new paragraph (a)(11) is added to read 
as follows:


Sec.  660.12  General groundfish prohibitions.

* * * * *
    (a) * * *
    (11) Fail to remove all fish from the vessel at landing (defined in 
Sec.  660.11) and prior to beginning a new fishing trip, except for 
processing vessels in the catcher/processor or mothership sectors of 
the Pacific whiting fishery.
* * * * *

0
4. In Sec.  660.40, the introductory text and paragraphs (b), (e) and 
(f) are revised, paragraph (g) is removed, and paragraph (h) is 
redesignated as paragraph (g) to read as follows:


Sec.  660.40  Overfished species rebuilding plans.

    For each overfished groundfish stock with an approved rebuilding 
plan, this section contains the standards to be used to establish 
annual or biennial ACLs, specifically the target date for rebuilding 
the stock to its MSY level and the harvest control rule to be used to 
rebuild the stock. The harvest control rule may be expressed as a 
``Spawning Potential Ratio'' or ``SPR'' harvest rate.
* * * * *
    (b) Canary rockfish. Canary rockfish was declared overfished in 
2000. The target year for rebuilding the canary rockfish stock to 
BMSY is 2030. The harvest control rule to be used to rebuild 
the canary rockfish stock is an annual SPR harvest rate of 88.7 
percent.
* * * * *
    (e) Pacific Ocean Perch (POP). POP was declared overfished in 1999. 
The target year for rebuilding the POP stock to BMSY is 
2051. The harvest control rule to be used to rebuild the POP stock is

[[Page 588]]

an annual SPR harvest rate of 86.4 percent.
    (f) Petrale Sole. Petrale sole was declared overfished in 2010. The 
target year for rebuilding the petrale sole stock to BMSY is 
2016. The harvest control rule is the 25-5 default adjustment.
* * * * *
    5. In Sec.  660.50, paragraphs (f) introductory text, (f)(2)(ii), 
(f)(4), (g) introductory text, and (g)(5) through (7) are revised and 
paragraphs (f)(6) and (f)(7) are added to read as follows:


Sec.  660.50  Pacific Coast treaty Indian fisheries.

* * * * *
    (f) Pacific Coast treaty Indian fisheries allocations, harvest 
guidelines, and set-asides. Catch amounts may be specified in this 
section and in Tables 1a and 2a to subpart C of this part. Trip limits 
for certain species were recommended by the tribes and the Council and 
are specified in paragraph (g) of this section.
* * * * *
    (2) * * *
    (ii) The Tribal allocation is 401 mt in 2013 and 435 in 2014 per 
year. This allocation is, for each year, 10 percent of the Monterey 
through Vancouver area (North of 36[deg] N. lat.) ACL. The Tribal 
allocation is reduced by 1.5 percent for estimated discard mortality.
* * * * *
    (4) Pacific whiting. The tribal allocation for 2012 is 48,556 mt. 
The tribal allocations will be announced annually in the Federal 
Register.
* * * * *
    (6) Petrale sole. For petrale sole, treaty fishing vessels are 
restricted to a fleetwide harvest target of 220 mt each year.
    (7) Yellowtail rockfish. Yellowtail rockfish taken in the directed 
tribal mid-water trawl fisheries are subject to a catch limit of 677 mt 
for the entire fleet.
    (g) Pacific Coast treaty Indian fisheries management measures. Trip 
limits for certain species were recommended by the tribes and the 
Council and are specified here.
* * * * *
    (5) Yellowtail and widow rockfish. The Makah Tribe will manage the 
midwater trawl fisheries as follows: Landings of widow rockfish must 
not exceed 10 percent of the weight of yellowtail rockfish landed, for 
a given vessel, throughout the year. These limits may be adjusted by 
the tribe inseason to minimize the incidental catch of canary rockfish 
and widow rockfish, provided the catch of yellowtail rockfish does not 
exceed the fleetwide catch limit specified in paragraph (f) of this 
section.
    (6) Other rockfish--(i) Minor nearshore rockfish. Minor nearshore 
rockfish are subject to a 300-lb (136-kg) trip limit per species or 
species group, or to the non-tribal limited entry trip limit for those 
species if those limits are less restrictive than 300 lb (136 kg) per 
trip. Limited entry trip limits for waters off Washington are specified 
in Table 1 (North) to subpart D, and Table 2 (North) to subpart E of 
this part.
    (ii) Minor shelf rockfish and minor slope rockfish. Redstripe 
rockfish are subject to an 800 lb (363 kg) trip limit. Minor shelf 
(excluding redstripe rockfish), and minor slope rockfish groups are 
subject to a 300 lb (136 kg) trip limit per species or species group, 
or to the non-tribal limited entry fixed gear trip limit for those 
species if those limits are less restrictive than 300 lb (136 kg) per 
trip. Limited entry fixed gear trip limits are specified in Table 2 
(North) to subpart E of this part.
    (iii) Other rockfish. All other rockfish, not listed specifically 
in paragraph (g) of this section, are subject to a 300 lb (136 kg) trip 
limit per species or species group, or to the non-tribal limited entry 
trip limit for those species if those limits are less restrictive than 
300 lb (136 kg) per trip. Limited entry trip limits for waters off 
Washington are specified in Table1 (North) to subpart D, and Table 2 
(North) to subpart E of this part.
    (7) Flatfish and other fish. Trawl vessels are restricted to using 
small footrope trawl gear. Treaty fishing vessels using bottom trawl 
gear are subject to the following limits: For Dover sole, English sole, 
other flatfish 110,000 lbs (49,895 kg) per 2 months; and for arrowtooth 
flounder 150,000 lbs (68,039 kg) per 2 months. The Dover sole and 
arrowtooth flounder limits in place at the beginning of the season will 
be combined across periods and the fleet to create a cumulative harvest 
target. The limits available to individual vessels will then be 
adjusted inseason to stay within the overall harvest target as well as 
estimated impacts to overfished species.
* * * * *

0
6. In Sec.  660.55, paragraph (k) is removed and reserved, and 
paragraphs (b) introductory text and (j) are revised to read as 
follows:


Sec.  660.55  Allocations.

* * * * *
    (b) Fishery harvest guidelines and reductions made prior to fishery 
allocations. Prior to the setting of fishery allocations, the TAC, ACL, 
or ACT when specified, is reduced by the Pacific Coast treaty Indian 
Tribal harvest (allocations, set-asides, and estimated harvest under 
regulations at Sec.  660.50); projected scientific research catch of 
all groundfish species, estimates of fishing mortality in non-
groundfish fisheries and, as necessary, deductions for EFPs. The 
remaining amount after these deductions is the fishery harvest 
guideline or quota. (note: recreational estimates are not deducted 
here).
* * * * *
    (j) Fishery set-asides. Annual set-asides are not formal 
allocations but they are amounts which are not available to the other 
fisheries during the fishing year. For Pacific Coast treaty Indian 
fisheries, set-asides will be deducted from the TAC, OY, ACL, or ACT 
when specified. For the catcher/processor and mothership sectors of the 
at-sea Pacific whiting fishery, set-asides will be deducted from the 
limited entry trawl fishery allocation. Set-aside amounts will be 
specified in Tables 1a through 2d of this subpart and may be adjusted 
through the biennial harvest specifications and management measures 
process.
    (k) [Reserved]
* * * * *

0
7. In Sec.  660.60, paragraphs (c) introductory text, (c)(1)(i) 
introductory text, (c)(3), (d)(1)(ii), (d)(1)(vi), and (h)(2) are 
revised and paragraph (c)(1)(v) is added to read as follows:


Sec.  660.60  Specifications and management measures.

* * * * *
    (c) Routine management measures. Catch restrictions that are likely 
to be adjusted on a biennial or more frequent basis may be imposed and 
announced by a single notification in the Federal Register if good 
cause exists under the APA to waive notice and comment, and if they 
have been designated as routine through the two-meeting process 
described in the PCGFMP. Routine management measures that may be 
revised during the fishing year, via this process, are implemented in 
paragraph (h) of this section, and in subparts C through G of this 
part, including Tables 1a through 1c, and 2a through 2c to subpart C, 
Tables 1 (North) and 1 (South) of subpart D, Tables 2 (North) and 2 
(South) of subpart E, Tables 3 (North) and 3 (South) of subpart F. Most 
trip, bag, and size limits, and area closures in the groundfish fishery 
have been designated ``routine,'' which means they may be changed 
rapidly after a single Council meeting. Council meetings are held in 
the months of March, April, June, September, and November. Inseason 
changes to routine management measures are announced in

[[Page 589]]

the Federal Register pursuant to the requirements of the Administrative 
Procedure Act (APA). Changes to trip limits are effective at the times 
stated in the Federal Register. Once a change is effective, it is 
illegal to take and retain, possess, or land more fish than allowed 
under the new trip limit. This means that, unless otherwise announced 
in the Federal Register, offloading must begin before the time a 
fishery closes or a more restrictive trip limit takes effect. The 
following catch restrictions have been designated as routine:
    (1) * * *
    (i) Trip landing and frequency limits, size limits, all gear. Trip 
landing and frequency limits have been designated as routine for the 
following species or species groups: widow rockfish, canary rockfish, 
yellowtail rockfish, Pacific ocean perch, yelloweye rockfish, black 
rockfish, blue rockfish, splitnose rockfish, blackgill rockfish in the 
area south of 40[deg]10' N. lat., chilipepper, bocaccio, cowcod, minor 
nearshore rockfish or shallow and deeper minor nearshore rockfish, 
shelf or minor shelf rockfish, and minor slope rockfish; DTS complex 
which is composed of Dover sole, sablefish, shortspine thornyheads, 
longspine thornyheads; petrale sole, rex sole, arrowtooth flounder, 
Pacific sanddabs, and the other flatfish complex, which is composed of 
those species plus any other flatfish species listed at Sec.  660.11; 
Pacific whiting; lingcod; Pacific cod; spiny dogfish; longnose skate; 
cabezon in Oregon and California and ``other fish'' as a complex 
consisting of all groundfish species listed at Sec.  660.11 and not 
otherwise listed as a distinct species or species group. In addition to 
the species and species groups listed above, sub-limits or aggregate 
limits may be specified, specific to the Shorebased IFQ Program, for 
the following species: big skate, California skate, California 
scorpionfish, leopard shark, soupfin shark, finescale codling, Pacific 
rattail (grenadier), ratfish, kelp greenling, shortbelly, and cabezon 
in Washington. Size limits have been designated as routine for 
sablefish and lingcod. Trip landing and frequency limits and size 
limits for species with those limits designated as routine may be 
imposed or adjusted on a biennial or more frequent basis for the 
purpose of keeping landings within the harvest levels announced by 
NMFS, and for the other purposes given in paragraphs (c)(1)(i)(A) and 
(B) of this section.
* * * * *
    (v) Shorebased IFQ Program surplus carryover percentage. As 
specified at Sec.  660.140(e)(5)(i), a percentage of surplus QP or IBQ 
pounds in a vessel account may be carried over from one year to the 
next. The percentage of surplus QP or IBQ pounds, that may be carried 
over may be modified on a biennial or more frequent basis, and may not 
be higher than 10 percent.
* * * * *
    (3) All fisheries, all gear types--(i) Depth-based management 
measures. Depth-based management measures, particularly the setting of 
closed areas known as Groundfish Conservation Areas, may be implemented 
in any fishery that takes groundfish directly or incidentally. Depth-
based management measures are set using specific boundary lines that 
approximate depth contours with latitude/longitude waypoints found at 
Sec. Sec.  660.70 through 660.74. Depth-based management measures and 
the setting of closed areas may be used: to protect and rebuild 
overfished stocks, to prevent the overfishing of any groundfish species 
by minimizing the direct or incidental catch of that species, to 
minimize the incidental harvest of any protected or prohibited species 
taken in the groundfish fishery, to extend the fishing season; for the 
commercial fisheries, to minimize disruption of traditional fishing and 
marketing patterns; for the recreational fisheries, to spread the 
available catch over a large number of anglers; to discourage target 
fishing while allowing small incidental catches to be landed; and to 
allow small fisheries to operate outside the normal season. BRAs may be 
implemented in the Pacific whiting fishery: as an automatic action for 
species with a sector specific allocation, consistent with paragraph 
(d)(1) of this section; or as a routine action consistent with the 
purposes for implementing depth based management and the setting of 
closed areas as described in paragraph (c)(3)(i) of this section.
    (ii) Non-tribal deductions from the ACL. Changes to the non-tribal 
amounts deducted from the TAC, ACLs, or ACT when specified, described 
at Sec.  660.55 (b)(2) through (4) and specified in the footnotes to 
Tables 1a through 1c, and 2a through 2c, to subpart C, have been 
designated as routine to make fish that would otherwise go unharvested 
available to other fisheries during the fishing year. Adjustments may 
be made to provide additional harvest opportunities in groundfish 
fisheries when catch in scientific research activities, non-groundfish 
fisheries, and EFPs are lower than the amounts that were initially 
deducted off the TAC, ACL, or ACT when specified, during the biennial 
specifications. When recommending adjustments to the non-tribal 
deductions, the Council shall consider the allocation framework 
criteria outlined in the PCGFMP and the objectives to maintain or 
extend fishing and marketing opportunities taking into account the best 
available fishery information on sector needs.
    (d) * * *
    (1) * * *
    (ii) Close one or more at-sea sectors of the fishery when a non-
whiting groundfish species with allocations is reached or projected to 
be reached.
* * * * *
    (vi) Implement Pacific Whiting Bycatch Reduction Areas, described 
at Sec.  660.131(c)(4), when NMFS projects a sector-specific allocation 
will be reached before the sector's whiting allocation.
* * * * *
    (h) * * *
    (2) Landing. As stated at Sec.  660.11 (in the definition of ``Land 
or landing''), once the offloading of any species begins, all fish 
aboard the vessel are counted as part of the landing and must be 
reported as such. All fish from a landing must be removed from the 
vessel before a new fishing trip begins, except for processing vessels 
fishing in the catcher/processor or mothership sectors of the Pacific 
whiting fishery. Transfer of fish at sea is prohibited under Sec.  
660.12, unless a vessel is participating in the primary whiting fishery 
as part of the mothership or catcher/processor sectors, as described at 
Sec.  660.131(a). Catcher vessels in the mothership sector must 
transfer all catch from a haul to the same vessel registered to an MS 
permit prior to the gear being set for a subsequent haul. Catch may not 
be transferred to a tender vessel.
* * * * *

0
8. In Sec.  660.72, paragraph (j)(2475) is redesignated as (j)(247).

0
9. Section 660.73 is amended as follows:
0
a. Remove paragraphs (h)(58) and (h)(59),
0
b. Redesignate paragraphs (h)(187) through (h)(191) as (h)(192) through 
(h)(196), (h)(60) through (h)(186) as (h)(61) through (h)(187), and 
(h)(192) through (h)(301) as (h)(200) through (h)(309),
0
c. Add paragraphs (h)(58) through (h)(60), (h)(188) through (h)(191), 
(h)(197) through (h)(199), and paragraph (l) to read as follows:


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

* * * * *
    (h) * * *

[[Page 590]]

    (58) 46[deg]58.36' N. lat., 124[deg]59.82' W. long.;
    (59) 46[deg]56.80' N. lat., 125[deg]00.00' W. long.;
    (60) 46[deg]56.62' N. lat., 125[deg]00.00' W. long.;
* * * * *
    (188) 39[deg]49.10' N. lat., 124[deg]06.00' W. long.;
    (189) 39[deg]48.94' N. lat., 124[deg]04.74' W. long.;
    (190) 39[deg]48.60' N. lat., 124[deg]04.50' W. long.;
    (191) 39[deg]47.95' N. lat., 124[deg]05.22' W. long.;
* * * * *
    (197) 39[deg]31.64' N. lat., 123[deg]56.16' W. long.;
    (198) 39[deg]31.40' N. lat., 123[deg]56.70' W. long.;
    (199) 39[deg]32.35' N. lat., 123[deg]57.42' W. long.;
* * * * *
    (l) The 150 fm (274 m) depth contour used between the U.S. border 
with Canada and 40[deg]10' N. lat., modified to allow fishing in 
petrale sole areas, is defined by straight lines connecting all of the 
following points in the order stated:
    (1) 48[deg]14.96' N. lat., 125[deg]41.24' W. long.;
    (2) 48[deg]12.89' N. lat., 125[deg]37.83' W. long.;
    (3) 48[deg]11.49' N. lat., 125[deg]39.27' W. long.;
    (4) 48[deg]10.00' N. lat., 125[deg]40.65' W. long.;
    (5) 48[deg]08.72' N. lat., 125[deg]41.84' W. long.;
    (6) 48[deg]07.00' N. lat., 125[deg]45.00' W. long.;
    (7) 48[deg]06.13' N. lat., 125[deg]41.57' W. long.;
    (8) 48[deg]05.00' N. lat., 125[deg]39.00' W. long.;
    (9) 48[deg]04.15' N. lat., 125[deg]36.71' W. long.;
    (10) 48[deg]03.00' N. lat., 125[deg]36.00' W. long.;
    (11) 48[deg]01.65' N. lat., 125[deg]36.96' W. long.;
    (12) 48[deg]01.00' N. lat., 125[deg]38.50' W. long.;
    (13) 47[deg]57.50' N. lat., 125[deg]36.50' W. long.;
    (14) 47[deg]56.53' N. lat., 125[deg]30.33' W. long.;
    (15) 47[deg]57.28' N. lat., 125[deg]27.89' W. long.;
    (16) 47[deg]59.00' N. lat., 125[deg]25.50' W. long.;
    (17) 48[deg]01.77' N. lat., 125[deg]24.05' W. long.;
    (18) 48[deg]02.08' N. lat., 125[deg]22.98' W. long.;
    (19) 48[deg]03.00' N. lat., 125[deg]22.50' W. long.;
    (20) 48[deg]03.46' N. lat., 125[deg]22.10' W. long.;
    (21) 48[deg]04.29' N. lat., 125[deg]20.37' W. long.;
    (22) 48[deg]02.00' N. lat., 125[deg]18.50' W. long.;
    (23) 48[deg]00.01' N. lat., 125[deg]19.90' W. long.;
    (24) 47[deg]58.75' N. lat., 125[deg]17.54' W. long.;
    (25) 47[deg]53.50' N. lat., 125[deg]13.50' W. long.;
    (26) 47[deg]48.88' N. lat., 125[deg]05.91' W. long.;
    (27) 47[deg]48.50' N. lat., 125[deg]05.00' W. long.;
    (28) 47[deg]45.98' N. lat., 125[deg]04.26' W. long.;
    (29) 47[deg]45.00' N. lat., 125[deg]05.50' W. long.;
    (30) 47[deg]42.11' N. lat., 125[deg]04.74' W. long.;
    (31) 47[deg]39.00' N. lat., 125[deg]06.00' W. long.;
    (32) 47[deg]35.53' N. lat., 125[deg]04.55' W. long.;
    (33) 47[deg]30.90' N. lat., 124[deg]57.31' W. long.;
    (34) 47[deg]29.54' N. lat., 124[deg]56.50' W. long.;
    (35) 47[deg]29.50' N. lat., 124[deg]54.50' W. long.;
    (36) 47[deg]28.57' N. lat., 124[deg]51.50' W. long.;
    (37) 47[deg]25.00' N. lat., 124[deg]48.00' W. long.;
    (38) 47[deg]23.95' N. lat., 124[deg]47.24' W. long.;
    (39) 47[deg]23.00' N. lat., 124[deg]47.00' W. long.;
    (40) 47[deg]21.00' N. lat., 124[deg]46.50' W. long.;
    (41) 47[deg]18.20' N. lat., 124[deg]45.84' W. long.;
    (42) 47[deg]18.50' N. lat., 124[deg]49.00' W. long.;
    (43) 47[deg]19.17' N. lat., 124[deg]50.86' W. long.;
    (44) 47[deg]18.07' N. lat., 124[deg]53.29' W. long.;
    (45) 47[deg]17.78' N. lat., 124[deg]51.39' W. long.;
    (46) 47[deg]16.81' N. lat., 124[deg]50.85' W. long.;
    (47) 47[deg]15.96' N. lat., 124[deg]53.15' W. long.;
    (48) 47[deg]14.31' N. lat., 124[deg]52.62' W. long.;
    (49) 47[deg]11.87' N. lat., 124[deg]56.90' W. long.;
    (50) 47[deg]12.39' N. lat., 124[deg]58.09' W. long.;
    (51) 47[deg]09.50' N. lat., 124[deg]57.50' W. long.;
    (52) 47[deg]09.00' N. lat., 124[deg]59.00' W. long.;
    (53) 47[deg]06.06' N. lat., 124[deg]58.80' W. long.;
    (54) 47[deg]03.62' N. lat., 124[deg]55.96' W. long.;
    (55) 47[deg]02.89' N. lat., 124[deg]56.89' W. long.;
    (56) 47[deg]01.04' N. lat., 124[deg]59.54' W. long.;
    (57) 46[deg]58.47' N. lat., 124[deg]59.08' W. long.;
    (58) 46[deg]58.36' N. lat., 124[deg]59.82' W. long.;
    (59) 46[deg]56.80' N. lat., 125[deg]00.00' W. long.;
    (60) 46[deg]56.62' N. lat., 125[deg]00.00' W. long.;
    (61) 46[deg]57.09' N. lat., 124[deg]58.86' W. long.;
    (62) 46[deg]55.95' N. lat., 124[deg]54.88' W. long.;
    (63) 46[deg]54.79' N. lat., 124[deg]54.14' W. long.;
    (64) 46[deg]58.00' N. lat., 124[deg]50.00' W. long.;
    (65) 46[deg]54.50' N. lat., 124[deg]49.00' W. long.;
    (66) 46[deg]54.53' N. lat., 124[deg]52.94' W. long.;
    (67) 46[deg]49.52' N. lat., 124[deg]53.41' W. long.;
    (68) 46[deg]42.24' N. lat., 124[deg]47.86' W. long.;
    (69) 46[deg]39.50' N. lat., 124[deg]42.50' W. long.;
    (70) 46[deg]38.17' N. lat., 124[deg]41.50' W. long.;
    (71) 46[deg]37.50' N. lat., 124[deg]41.00' W. long.;
    (72) 46[deg]36.50' N. lat., 124[deg]38.00' W. long.;
    (73) 46[deg]33.85' N. lat., 124[deg]36.99' W. long.;
    (74) 46[deg]33.50' N. lat., 124[deg]29.50' W. long.;
    (75) 46[deg]32.00' N. lat., 124[deg]31.00' W. long.;
    (76) 46[deg]30.53' N. lat., 124[deg]30.55' W. long.;
    (77) 46[deg]25.50' N. lat., 124[deg]33.00' W. long.;
    (78) 46[deg]23.00' N. lat., 124[deg]35.00' W. long.;
    (79) 46[deg]21.05' N. lat., 124[deg]37.00' W. long.;
    (80) 46[deg]20.64' N. lat., 124[deg]36.21' W. long.;
    (81) 46[deg]20.36' N. lat., 124[deg]37.85' W. long.;
    (82) 46[deg]19.48' N. lat., 124[deg]38.35' W. long.;
    (83) 46[deg]17.87' N. lat., 124[deg]38.54' W. long.;
    (84) 46[deg]16.15' N. lat., 124[deg]25.20' W. long.;
    (85) 46[deg]16.00' N. lat., 124[deg]23.00' W. long.;
    (86) 46[deg]14.87' N. lat., 124[deg]26.15' W. long.;
    (87) 46[deg]13.37' N. lat., 124[deg]31.36' W. long.;
    (88) 46[deg]12.08' N. lat., 124[deg]38.39' W. long.;
    (89) 46[deg]09.46' N. lat., 124[deg]40.64' W. long.;

[[Page 591]]

    (90) 46[deg]07.29' N. lat., 124[deg]40.89' W. long.;
    (91) 46[deg]02.76' N. lat., 124[deg]44.01' W. long.;
    (92) 46[deg]01.22' N. lat., 124[deg]43.47' W. long.;
    (93) 45[deg]51.82' N. lat., 124[deg]42.89' W. long.;
    (94) 45[deg]46.00' N. lat., 124[deg]40.88' W. long.;
    (95) 45[deg]45.95' N. lat., 124[deg]40.72' W. long.;
    (96) 45[deg]45.21' N. lat., 124[deg]41.70' W. long.;
    (97) 45[deg]42.72' N. lat., 124[deg]41.22' W. long.;
    (98) 45[deg]34.50' N. lat., 124[deg]30.28' W. long.;
    (99) 45[deg]21.10' N. lat., 124[deg]23.11' W. long.;
    (100) 45[deg]20.25' N. lat., 124[deg]22.92' W. long.;
    (101) 45[deg]09.69' N. lat., 124[deg]20.45' W. long.;
    (102) 45[deg]03.83' N. lat., 124[deg]23.30' W. long.;
    (103) 44[deg]56.41' N. lat., 124[deg]27.65' W. long.;
    (104) 44[deg]44.47' N. lat., 124[deg]37.85' W. long.;
    (105) 44[deg]37.17' N. lat., 124[deg]38.60' W. long.;
    (106) 44[deg]35.55' N. lat., 124[deg]39.27' W. long.;
    (107) 44[deg]31.81' N. lat., 124[deg]39.60' W. long.;
    (108) 44[deg]31.48' N. lat., 124[deg]43.30' W. long.;
    (109) 44[deg]12.67' N. lat., 124[deg]57.87' W. long.;
    (110) 44[deg]08.30' N. lat., 124[deg]57.84' W. long.;
    (111) 44[deg]07.38' N. lat., 124[deg]57.87' W. long.;
    (112) 43[deg]57.42' N. lat., 124[deg]57.20' W. long.;
    (113) 43[deg]52.52' N. lat., 124[deg]49.00' W. long.;
    (114) 43[deg]51.55' N. lat., 124[deg]37.49' W. long.;
    (115) 43[deg]47.83' N. lat., 124[deg]36.43' W. long.;
    (116) 43[deg]31.79' N. lat., 124[deg]36.80' W. long.;
    (117) 43[deg]29.34' N. lat., 124[deg]36.77' W. long.;
    (118) 43[deg]26.37' N. lat., 124[deg]39.53' W. long.;
    (119) 43[deg]20.83' N. lat., 124[deg]42.39' W. long.;
    (120) 43[deg]16.15' N. lat., 124[deg]44.36' W. long.;
    (121) 43[deg]09.33' N. lat., 124[deg]45.35' W. long.;
    (122) 43[deg]08.77' N. lat., 124[deg]49.82' W. long.;
    (123) 43[deg]08.83' N. lat., 124[deg]50.93' W. long.;
    (124) 43[deg]05.89' N. lat., 124[deg]51.60' W. long.;
    (125) 43[deg]04.60' N. lat., 124[deg]53.02' W. long.;
    (126) 43[deg]02.64' N. lat., 124[deg]52.01' W. long.;
    (127) 43[deg]00.39' N. lat., 124[deg]51.77' W. long.;
    (128) 42[deg]58.00' N. lat., 124[deg]52.99' W. long.;
    (129) 42[deg]57.56' N. lat., 124[deg]54.10' W. long.;
    (130) 42[deg]53.93' N. lat., 124[deg]54.60' W. long.;
    (131) 42[deg]53.26' N. lat., 124[deg]53.94' W. long.;
    (132) 42[deg]52.31' N. lat., 124[deg]50.76' W. long.;
    (133) 42[deg]50.00' N. lat., 124[deg]48.97' W. long.;
    (134) 42[deg]47.78' N. lat., 124[deg]47.27' W. long.;
    (135) 42[deg]46.31' N. lat., 124[deg]43.60' W. long.;
    (136) 42[deg]41.63' N. lat., 124[deg]44.07' W. long.;
    (137) 42[deg]40.50' N. lat., 124[deg]43.52' W. long.;
    (138) 42[deg]38.83' N. lat., 124[deg]42.77' W. long.;
    (139) 42[deg]35.36' N. lat., 124[deg]43.22' W. long.;
    (140) 42[deg]32.78' N. lat., 124[deg]44.68' W. long.;
    (141) 42[deg]32.02' N. lat., 124[deg]43.00' W. long.;
    (142) 42[deg]30.54' N. lat., 124[deg]43.50' W. long.;
    (143) 42[deg]28.16' N. lat., 124[deg]48.38' W. long.;
    (144) 42[deg]18.26' N. lat., 124[deg]39.01' W. long.;
    (145) 42[deg]13.66' N. lat., 124[deg]36.82' W. long.;
    (146) 42[deg]00.00' N. lat., 124[deg]35.99' W. long.;
    (147) 41[deg]47.80' N. lat., 124[deg]29.41' W. long.;
    (148) 41[deg]41.67' N. lat., 124[deg]29.46' W. long.;
    (149) 41[deg]22.80' N. lat., 124[deg]29.10' W. long.;
    (150) 41[deg]13.29' N. lat., 124[deg]23.31' W. long.;
    (151) 41[deg]06.23' N. lat., 124[deg]22.62' W. long.;
    (152) 40[deg]55.60' N. lat., 124[deg]26.04' W. long.;
    (153) 40[deg]53.97' N. lat., 124[deg]26.16' W. long.;
    (154) 40[deg]53.94' N. lat., 124[deg]26.10' W. long.;
    (155) 40[deg]50.31' N. lat., 124[deg]26.16' W. long.;
    (156) 40[deg]49.82' N. lat., 124[deg]26.58' W. long.;
    (157) 40[deg]49.62' N. lat., 124[deg]26.57' W. long.;
    (158) 40[deg]45.72' N. lat., 124[deg]30.00' W. long.;
    (159) 40[deg]40.56' N. lat., 124[deg]32.11' W. long.;
    (160) 40[deg]38.87' N. lat., 124[deg]30.18' W. long.;
    (161) 40[deg]38.38' N. lat., 124[deg]30.18' W. long.;
    (162) 40[deg]37.33' N. lat., 124[deg]29.27' W. long.;
    (163) 40[deg]35.60' N. lat., 124[deg]30.49' W. long.;
    (164) 40[deg]37.38' N. lat., 124[deg]37.14' W. long.;
    (165) 40[deg]36.03' N. lat., 124[deg]39.97' W. long.;
    (166) 40[deg]31.58' N. lat., 124[deg]40.74' W. long.;
    (167) 40[deg]30.30' N. lat., 124[deg]37.63' W. long.;
    (168) 40[deg]28.22' N. lat., 124[deg]37.23' W. long.;
    (169) 40[deg]24.86' N. lat., 124[deg]35.71' W. long.;
    (170) 40[deg]23.01' N. lat., 124[deg]31.94' W. long.;
    (171) 40[deg]23.39' N. lat., 124[deg]28.64' W. long.;
    (172) 40[deg]22.29' N. lat., 124[deg]25.25' W. long.;
    (173) 40[deg]21.90' N. lat., 124[deg]25.18' W. long.;
    (174) 40[deg]22.02' N. lat., 124[deg]28.00' W. long.;
    (175) 40[deg]21.34' N. lat., 124[deg]29.53' W. long.;
    (176) 40[deg]19.74' N. lat., 124[deg]28.95' W. long.;
    (177) 40[deg]18.13' N. lat., 124[deg]27.08' W. long.;
    (178) 40[deg]17.45' N. lat., 124[deg]25.53' W. long.;
    (179) 40[deg]17.97' N. lat., 124[deg]24.12' W. long.;
    (180) 40[deg]15.96' N. lat., 124[deg]26.05' W. long.;
    (181) 40[deg]16.90' N. lat., 124[deg]34.20' W. long.;
    (182) 40[deg]16.29' N. lat., 124[deg]34.50' W. long.;
    (183) 40[deg]14.91' N. lat., 124[deg]33.60' W. long.; and
    (184) 40[deg]10.00' N. lat., 124[deg]22.96' W. long.

0
10. Section 660.74 is amended as follows:
0
a. Remove paragraph (g)(87),
0
b. Redesignate paragraphs (g)(88) through (g)(257) as (g)(89) through 
(g)(258),
0
c. Add paragraphs (g)(87) through (g)(88), to read as follows:


Sec.  660.74  Latitude/longitude coordinates defining the 180 fm (329 
m) through 250 fm (457 m) depth contours.

* * * * *
    (g) * * *
    (87) 44[deg]21.73' N. lat., 124[deg]49.82' W. long.;
    (88) 44[deg]17.57' N. lat., 124[deg]55.04' W. long.;
* * * * *

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11a. Tables 1a through 1d, Subpart C, are revised to read as follows:
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11b. Tables 2a through 2d, Subpart C, are revised to read as follows

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0
12. In Sec.  660.112, the introductory text and paragraph (b)(1)(xv) 
are revised to read as follows:


Sec.  660.112  Trawl fishery--prohibitions.

    These prohibitions are specific to the limited entry trawl 
fisheries. General groundfish prohibitions are defined at Sec.  660.12. 
In addition to the general prohibitions specified in Sec.  600.725 of 
this chapter, it is unlawful for any person or vessel to:
* * * * *
    (b) * * *
    (1) * * *
    (xv) Begin a new fishing trip until all fish from an IFQ landing 
have been offloaded from the vessel, consistent with Sec.  
660.12(a)(11).
* * * * *

0
13. In Sec.  660.130, paragraphs (d) introductory text, (d)(1)(iii), 
and (e) introductory text are revised to read as follows:


Sec.  660.130  Trawl fishery--management measures.

* * * * *
    (d) Sorting. In addition to the requirements at Sec.  660.12(a)(8), 
the States of Washington, Oregon, and California may also require that 
vessels record their landings as sorted on their state landing receipt. 
Sector-specific sorting requirements and exceptions are listed at 
paragraphs (d)(2) and (d)(3) of this section.
    (1) * * *
    (iii) South of 40[deg]10[min] N. lat. Minor shallow nearshore 
rockfish, minor deeper nearshore rockfish, California scorpionfish, 
chilipepper, bocaccio, splitnose rockfish, Pacific sanddabs, cowcod, 
bronzespotted rockfish, blackgill rockfish and cabezon.
* * * * *
    (e) 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.  660.70 through 660.74. A vessel that is fishing within a 
GCA listed in this paragraph (e) 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. Additional closed areas that specifically 
apply to the Pacific whiting fisheries are described at Sec.  
660.131(c).
* * * * *

0
14. In Sec.  660.140, paragraphs (c)(1) table, (d)(1)(ii) introductory 
text, (d)(1)(ii)(D), (d)(3)(ii)(B)(3), (d)(4)(i)(C), (e)(4)(i), (e)(5) 
introductory text, (e)(5)(i), and (e)(5)(ii) introductory text are 
revised and paragraphs (d)(1)(ii)(A)(3), (d)(1)(ii)(B)(3) and 
(d)(1)(ii)(B)(4) are added to read as follows:


Sec.  660.140  Shorebased IFQ Program.

* * * * *
    (c) * * *
    (1) * * *

                               IFQ Species
------------------------------------------------------------------------
 
-------------------------------------------------------------------------
                                Roundfish
------------------------------------------------------------------------
Lingcod N. of 40[deg]10[min] N. lat.
Lingcod S. of 40[deg]10[min] N. lat.
Pacific cod
Pacific whiting
Sablefish N. of 36[deg] N. lat.
Sablefish S. of 36[deg] N. lat.
------------------------------------------------------------------------
                                Flatfish
------------------------------------------------------------------------
Arrowtooth flounder
Dover sole
English sole
Other flatfish stock complex
Petrale sole
Starry flounder
Pacific halibut (IBQ) N. of 40[deg]10[min] N. lat.
------------------------------------------------------------------------
                                Rockfish
------------------------------------------------------------------------
Bocaccio S. of 40[deg]10[min] N. lat.
Canary rockfish
Chilipepper S. of 40[deg]10[min] N. lat.
Cowcod S. of 40[deg]10[min] N. lat.
Darkblotched rockfish
Longspine thornyhead N. of 34[deg]27[min] N. lat.
Minor shelf rockfish complex N. of 40[deg]10[min] N. lat.
Minor shelf rockfish complex S. of 40[deg]10[min] N. lat.
Minor slope rockfish complex N. of 40[deg]10[min] N. lat.
Minor slope rockfish complex S. of 40[deg]10[min] N. lat.
Pacific ocean perch N. of 40[deg]10[min] N. lat.
Shortspine thornyhead N. of 34[deg]27[min] N. lat.
Shortspine thornyhead S. of 34[deg]27[min] N. lat.
Splitnose rockfish S. of 40[deg]10[min] N. lat.
Widow rockfish
Yelloweye rockfish
Yellowtail rockfish N. of 40[deg]10[min] N. lat.
------------------------------------------------------------------------

* * * * *
    (d) * * *
    (1) * * *
    (ii) Annual QP and IBQ pound allocations. QP and IBQ pounds will be 
deposited into QS accounts annually. QS permit owners will be notified 
of QP deposits via the IFQ Web site and their QS account. QP and IBQ 
pounds will be issued to the nearest whole pound using standard 
rounding rules (i.e., decimal amounts less than 0.5 round down and 0.5 
and greater round up), except that in the first year of the Shorebased 
IFQ Program, issuance of QP for overfished species greater than zero 
but less than one pound will be rounded up to one pound. Rounding rules 
may affect distribution of the entire shorebased trawl allocation. NMFS 
will distribute such allocations to the maximum extent practicable, not 
to exceed the total allocation. QS permit owners must transfer their QP 
and IBQ pounds from their QS account to a vessel account in order for 
those QP and IBQ pounds to be fished. QP and IBQ pounds must be 
transferred in whole pounds (i.e., no fraction of a QP or IBQ pound can 
be transferred). All QP and IBQ pounds in a QS account must be 
transferred to a vessel account by September 1 of each year in order to 
be fished, unless there is a reapportionment of Pacific whiting 
consistent with Sec.  660.131(h) and paragraph (d)(3) of this section 
or a release of additional QP consistent with Sec.  660.60(c) and 
paragraph (d)(3)(ii)(B)(3) of this section.
    (A) * * *
    (3) In years where the non-tribal deductions from the TAC, ACL, or 
ACT when specified, described at Sec.  660.55(b), were too high and 
would go unharvested, NMFS may increase the shorebased trawl 
allocation, consistent with Sec.  660.60(c), and issue additional QP to 
QS accounts.
    (B) * * *

[[Page 630]]

    (3) In years where the non-tribal deductions from the TAC, ACL, or 
ACT when specified, described at Sec.  660.55(b), were too high and 
would go unharvested, NMFS may increase the shorebased trawl 
allocation, consistent with Sec.  660.60(c), and issue additional QP to 
QS accounts.
    (4) In years where there is reapportionment of Pacific whiting, 
specified at Sec.  660.131(h), to the Shorebased IFQ Program, NMFS will 
increase the shorebased trawl allocation and issue additional QP to QS 
accounts as described at paragraph (d)(3)(ii)(B)(3) of this section.
* * * * *
    (D) For the trawl fishery, NMFS will issue QP based on the 
following shorebased trawl allocations:

                                          Shorebased Trawl Allocations
----------------------------------------------------------------------------------------------------------------
                                                                            2013 shorebased     2014 shorebased
                IFQ species                        Management area         trawl allocation    trawl allocation
                                                                                 (mt)                (mt)
----------------------------------------------------------------------------------------------------------------
Arrowtooth flounder.......................  ............................            3,846.13            3,467.08
BOCACCIO..................................  South of 40[deg]10' N. lat..               74.90               79.00
CANARY ROCKFISH...........................  ............................               39.90               41.10
Chilipepper...............................  South of 40[deg]10' N. lat..            1,099.50            1,067.25
COWCOD....................................  South of 40[deg]10' N. lat..                1.00                1.00
DARKBLOTCHED ROCKFISH.....................  ............................              266.70              278.41
Dover sole................................  ............................           22,234.50           22,234.50
English sole..............................  ............................            6,365.03            5,255.59
Lingcod...................................  North of 40[deg]10' N. lat..            1,222.57            1,151.68
Lingcod...................................  South of 40[deg]10' N. lat..              494.41              472.88
Longspine thornyhead......................  North of 34[deg]27' N. lat..            1,859.85            1,811.40
Minor shelf rockfish complex..............  North of 40[deg]10' N. lat..              508.00              508.00
Minor shelf rockfish complex..............  South of 40[deg]10' N. lat..               81.00               81.00
Minor slope rockfish complex..............  North of 40[deg]10' N. lat..              776.93              776.93
Minor slope rockfish complex..............  South of 40[deg]10' N. lat..              376.11              378.63
Other flatfish complex....................  ............................            4,189.61            4,189.61
Pacific cod...............................  ............................            1,125.29            1,125.29
PACIFIC OCEAN PERCH.......................  North of 40[deg]10' N. lat..              109.43              112.28
Pacific Whiting...........................  ............................  ..................  ..................
PETRALE SOLE..............................  ............................            2,318.00            2,378.00
Sablefish.................................  North of 36[deg] N. lat.....            1,828.00            1,988.00
Sablefish.................................  South of 36[deg] N. lat.....              602.28              653.10
Shortspine thornyhead.....................  North of 34[deg]27' N. lat..            1,385.35            1,371.12
Shortspine thornyhead.....................  South of 34[deg]27' N. lat..               50.00               50.00
Splitnose rockfish........................  South of 40[deg]10' N. lat..            1,518.10            1,575.10
Starry flounder...........................  ............................              751.50              755.50
Widow rockfish............................  ............................              993.83              993.83
YELLOWEYE ROCKFISH........................  ............................                1.00                1.00
Yellowtail rockfish.......................  North of 40[deg]10' N. lat..            2,635.33            2,638.85
----------------------------------------------------------------------------------------------------------------

* * * * *
    (3) * * *
    (ii) * * *
    (B) * * *
    (3) Transfer of QP or IBQ pounds from a QS account to a vessel 
account. QP or IBQ pounds must be transferred in whole pounds (i.e. no 
fraction of a QP can be transferred). QP or IBQ pounds must be 
transferred to a vessel account in order to be used. Transfers of QP or 
IBQ pounds from a QS account to a vessel account are subject to vessel 
accumulation limits and NMFS' approval. Once QP or IBQ pounds are 
transferred from a QS account to a vessel account (accepted by the 
transferee/vessel owner), they cannot be transferred back to a QS 
account and may only be transferred to another vessel account. QP or 
IBQ pounds may not be transferred from one QS account to another QS 
account. All QP or IBQ pounds from a QS account must be transferred to 
one or more vessel accounts by September 1 each year. If, after 
September 1 in any year, the Regional Administrator makes a decision to 
reapportion Pacific whiting from the tribal to the non-tribal fishery 
or NMFS releases additional QP consistent with Sec.  660.60(c) and 
paragraph (d)(1)(ii) of this section, the following actions will be 
taken.
    (i) NMFS will credit QS accounts with additional QP proportionally, 
based on the QS percent for a particular QS permit owner and the 
increase in the shorebased trawl allocation specified at paragraph 
(d)(1)(ii)(D) of this section.
    (ii) The QS account transfer function will be reactivated by NMFS 
from the date that QS accounts are credited with additional QP to allow 
permit holders to transfer QP to vessel accounts only for those IFQ 
species with additional QP.
    (iii) After December 15, the transfer function in QS accounts will 
again be inactivated.
* * * * *
    (4) * * *
    (i) * * *
    (C) The Shorebased IFQ Program accumulation limits are as follows:

                           Accumulation Limits
------------------------------------------------------------------------
                                                           QS and IBQ
                   Species category                    control limit (in
                                                            percent)
------------------------------------------------------------------------
Arrowtooth flounder..................................               10
Bocaccio S. of 40[deg]10' N. lat.....................               13.2
Canary rockfish......................................                4.4
Chilipepper S. of 40[deg]10' N. lat..................               10
Cowcod S. of 40[deg]10' N. lat.......................               17.7
Darkblotched rockfish................................                4.5
Dover sole...........................................                2.6
English sole.........................................                5
Lingcod:
  N. of 40[deg]10' N. lat............................                2.5
  S. of 40[deg]10' N. lat............................                2.5
Longspine thornyhead:
  N. of 34[deg]27' N. lat............................                6
Minor rockfish complex N. of 40[deg]10' N. lat.:
  Shelf species......................................                5
  Slope species......................................                5

[[Page 631]]

 
Minor rockfish complex S. of 40[deg]10' N. lat.:
  Shelf species......................................                9
  Slope species......................................                6
Other flatfish stock complex.........................               10
Pacific cod..........................................               12
Pacific halibut (IBQ) N. of 40[deg]10' N. lat........                5.4
Pacific ocean perch N. of 40[deg]10' N. lat..........                4
Pacific whiting (shoreside)..........................               10
Petrale sole.........................................                3
Sablefish:
  N. of 36[deg] N. lat. (Monterey north).............                3
  S. of 36[deg] N. lat. (Conception area)............               10
Shortspine thornyhead:
  N. of 34[deg]27' N. lat............................                6
  S. of 34[deg]27' N. lat............................                6
Splitnose rockfish S. of 40[deg]10' N. lat...........               10
Starry flounder......................................               10
Widow rockfish.......................................                5.1
Yelloweye rockfish...................................                5.7
Yellowtail rockfish N. of 40[deg]10' N. lat..........                5
Non-whiting groundfish species.......................                2.7
------------------------------------------------------------------------

* * * * *
    (e) * * *
    (4) * * *
    (i) Vessel limits. For each IFQ species or species group specified 
in this paragraph, vessel accounts may not have QP or IBQ pounds in 
excess of the QP Vessel Limit (Annual Limit) in any year, and, for 
species covered by Unused QP Vessel Limits (Daily Limit), may not have 
QP or IBQ pounds in excess of the Unused QP Vessel Limit at any time. 
The QP Vessel Limit (Annual Limit) is calculated as unused available 
QPs plus used QPs (landings and discards) plus any pending outgoing 
transfer of QPs. The Unused QP Vessel Limits (Daily Limit) is 
calculated as unused available QPs plus any pending outgoing transfer 
of QPs. These vessel limits are as follows:

                                                  Vessel Limits
----------------------------------------------------------------------------------------------------------------
                                                                       QP vessel limit        Unused QP vessel
                         Species category                             (annual limit) (in    limit (daily limit)
                                                                           percent)             (in percent)
----------------------------------------------------------------------------------------------------------------
Arrowtooth flounder...............................................                   20    .....................
Bocaccio S. of 40[deg]10' N. lat..................................                   15.4                   13.2
Canary rockfish...................................................                   10                      4.4
Chilipepper S. of 40[deg]10' N. lat...............................                   15    .....................
Cowcod S. of 40[deg]10' N. lat....................................                   17.7                   17.7
Darkblotched rockfish.............................................                    6.8                    4.5
Dover sole........................................................                    3.9  .....................
English sole......................................................                    7.5  .....................
Lingcod:
    N. of 40[deg]10' N. lat.......................................                    5.3  .....................
    S. of 40[deg]10' N. lat.......................................                   13.3  .....................
Longspine thornyhead:
    N. of 34[deg]27' N. lat.......................................                    9    .....................
Minor rockfish complex N. of 40[deg]10' N. lat.:
    Shelf species.................................................                    7.5  .....................
    Slope species.................................................                    7.5  .....................
Minor rockfish complex S. of 40[deg]10' N. lat.:
    Shelf species.................................................                   13.5  .....................
    Slope species.................................................                    9    .....................
Other flatfish complex............................................                   15    .....................
Pacific cod.......................................................                   20    .....................
Pacific halibut (IBQ) N. of 40[deg]10' N. lat.....................                   14.4                    5.4
Pacific ocean perch N. of 40[deg]10' N. lat.......................                    6                      4
Pacific whiting (shoreside).......................................                   15    .....................
Petrale sole......................................................                    4.5  .....................
Sablefish:
    N. of 36[deg] N. lat. (Monterey north)........................                    4.5  .....................
    S. of 36[deg] N. lat. (Conception area).......................                   15    .....................
Shortspine thornyhead:
    N. of 34[deg]27' N. lat.......................................                    9    .....................
    S. of 34[deg]27' N. lat.......................................                    9    .....................
Splitnose rockfish S. of 40[deg]10' N. lat........................                   15    .....................
Starry flounder...................................................                   20    .....................
Widow rockfish....................................................                    8.5                    5.1
Yelloweye rockfish................................................                   11.4                    5.7
Yellowtail rockfish N. of 40[deg]10' N. lat.......................                    7.5  .....................
Non-whiting groundfish species....................................                    3.2  .....................
----------------------------------------------------------------------------------------------------------------

* * * * *
    (5) Carryover. The carryover provision allows a limited amount of 
surplus QP or IBQ pounds in a vessel account to be carried over from 
one year to the next or allows a deficit in a vessel account in one 
year to be covered with QP or IBQ pounds from a subsequent year, up to 
a carryover limit. The carryover limit is calculated by multiplying the 
carryover percentage by the cumulative total of QP or IBQ pounds (used 
and unused) in a vessel account for the base year, less any transfers 
out of the vessel account, any QP resulting from reapportionment of 
whiting specified at Sec.  660.60(d) or release of additional QP during 
the year specified at Sec.  660.60(c)(3)(ii), or any

[[Page 632]]

previous carryover amounts. The percentage used for the carryover 
provision may be changed during the biennial specifications and 
management measures process, and, for the surplus carryover provision 
specified in paragraph (e)(5)(i) of this section, the percentage is 
designated as a ``routine management measure'' at Sec.  660.60(c)(1)(v) 
and may be changed through an inseason action, but may not exceed 10 
percent.
    (i) Surplus QP or IBQ pounds. A vessel account with a surplus of QP 
or IBQ pounds (unused QP or IBQ pounds) for any IFQ species at the end 
of the fishing year may carryover for use in the immediately following 
year an amount of unused QP or IBQ pounds up to its carry over limit. 
The carryover limit for the surplus is calculated as 10 percent of the 
cumulative total QP or IBQ pounds (used and unused, less any transfers 
or any previous carryover amounts) in the vessel account at the end of 
the year. Based on a Council recommendation, NMFS will credit the 
carryover amount to the vessel account in the immediately following 
year once NMFS has completed its end-of-the-year account 
reconciliation. If NMFS disagrees with all or part of the Council 
recommendation, NMFS will not credit the vessel accounts, as 
appropriate, and will notify the Council in writing, describing the 
basis for the decision. NMFS will notify vessel account owners through 
the online IFQ system of any additional QP or IBQ pounds resulting from 
a carryover of surplus pounds, and will not issue those pounds above 
the vessel limits (specified at paragraph (e)(4) of this section). If 
there is a decline in the ACL between the base year and the following 
year in which the QP or IBQ pounds would be carried over, the carryover 
amount will be reduced in proportion to the reduction in the ACL. When 
surplus QP or IBQ pounds are issued, those pounds are deposited 
directly into the vessel accounts and do not increase the shorebased 
trawl allocation. Surplus QP or IBQ pounds may not be carried over for 
more than one year. Any amount of QP or IBQ pounds in a vessel account 
and in excess of the carryover amount will expire on December 31 each 
year and will not be available for any future use.
    (ii) Deficit QP or IBQ pounds. If an IFQ species is reallocated 
between the base year and the following year due to changes in 
management areas or subdivision of a species group as specified at 
paragraph (c)(3)(vii) of this section, a vessel account will not 
carryover the deficit for that IFQ species into the following year. A 
vessel account with a deficit (negative balance) of QP or IBQ pounds 
for any IFQ species in the current year may cover that deficit with QP 
or IBQ pounds from the following year without incurring a violation if 
all of the following conditions are met:
* * * * *

0
15. Table 1 (North) and Table 1 (South) to part 660, subpart D, are 
revised to read as follows:
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0
16. In Sec.  660.230, paragraphs (c)(1), (c)(2) introductory text, 
(c)(2)(ii) and (c)(2)(iii) are revised to read as follows:


Sec.  660.230  Fixed gear fishery--management measures.

* * * * *
    (c) * * *
    (1) In addition to the requirements at Sec.  660.12(a)(8) the 
States of Washington, Oregon, and California may also require that 
vessels record their landings as sorted on their state landing 
receipts.
    (2) For limited entry fixed gear vessels, the following species 
must be sorted:
* * * * *
    (ii) North of 40[deg]10' N. lat.--POP, yellowtail rockfish, cabezon 
(Oregon and California);
    (iii) South of 40[deg]10' N. lat.--minor shallow nearshore 
rockfish, minor deeper nearshore rockfish, California scorpionfish, 
chilipepper, bocaccio, splitnose rockfish, Pacific sanddabs, cowcod, 
bronzespotted rockfish, blackgill rockfish and cabezon.
* * * * *

0
17. In Sec.  660.231, the introductory text and paragraph (b)(3)(i) are 
revised to read as follows:


Sec.  660.231  Limited entry fixed gear sablefish primary fishery.

    This section applies to the sablefish primary fishery for the 
limited entry fixed gear fishery north of 36[deg] N. lat. Limited entry 
and open access fixed gear sablefish fishing outside of the sablefish 
primary season north of 36[deg] N. lat. is governed by management 
measures imposed under Sec. Sec.  660.230, 660.232, 660.330 and 
660.332.
* * * * *

[[Page 635]]

    (b) * * *
    (3) * * *
    (i) A vessel participating in the primary season will be 
constrained by the sablefish cumulative limit associated with each of 
the permits registered for use with that vessel. During the primary 
season, each vessel authorized to fish in that season under paragraph 
(a) of this section may take, retain, possess, and land sablefish, up 
to the cumulative limits for each of the permits registered for use 
with that vessel (i.e., stacked permits). If multiple limited entry 
permits with sablefish endorsements are registered for use with a 
single vessel, that vessel may land up to the total of all cumulative 
limits announced in this paragraph for the tiers for those permits, 
except as limited by paragraph (b)(3)(ii) of this section. Up to 3 
permits may be registered for use with a single vessel during the 
primary season; thus, a single vessel may not take and retain, possess 
or land more than 3 primary season sablefish cumulative limits in any 
one year. A vessel registered for use with multiple limited entry 
permits is subject to per vessel limits for species other than 
sablefish, and to per vessel limits when participating in the daily 
trip limit fishery for sablefish under Sec.  660.232. In 2013, the 
following annual limits are in effect: Tier 1 at 34,513lb (15,665 kg), 
Tier 2 at 15,688 lb (7,116 kg), and Tier 3 at 8,964 lb (4,066 kg). For 
2014 and beyond, the following annual limits are in effect: Tier 1 at 
37,441 lb (16,983 kg), Tier 2 at 17,019 lb (7,720 kg), and Tier 3 at 
9,725 lb (4,411 kg).
* * * * *

0
18. In Sec.  660.232, paragraphs (a)(2) and (a)(3) are revised to read 
as follows:


Sec.  660.232  Limited entry daily trip limit (DTL) fishery for 
sablefish.

    (a) * * *
    (2) Following the start of the primary season, all landings made by 
a vessel authorized by Sec.  660.231(a) to fish in the primary season 
will count against the primary season cumulative limit(s) associated 
with the permit(s) registered for use with that vessel. A vessel that 
is eligible to fish in the sablefish primary season may fish in the DTL 
fishery for sablefish once that vessels' primary season sablefish 
limit(s) have been taken, or after the close of the primary season, 
whichever occurs earlier. A vessel's primary season cumulative limit(s) 
are considered to be taken when the total amount remaining is less than 
the daily trip limit for sablefish north of 36[deg] N. lat., if one is 
specified, in Table 2 (North) and Table 2 (South) to this subpart. If 
no daily limit is specified, the primary season cumulative limit(s) are 
considered to be taken when the total amount remaining is less than 300 
pounds. Any subsequent sablefish landings by that vessel will be 
subject to the restrictions and limits of the limited entry DTL fishery 
for sablefish for the remainder of the fishing year.
    (3) No vessel may land sablefish against both its primary season 
cumulative sablefish limits and against the DTL fishery limits within 
the same 24 hour period of 0001 hours local time to 2400 hours local 
time.
* * * * *

0
19. Table 2 (North) and Table 2 (South) to part 660, subpart E are 
revised to read as follows:

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0
20. In Sec.  660.330, paragraph (c) is revised to read as follows:


Sec.  660.330  Open access fishery--management measures.

* * * * *
    (c) Sorting requirements. (1) In addition to the requirements at 
Sec.  660.12(a)(8) the States of Washington, Oregon, and California may 
also require that vessels record their landings as sorted on their 
state landing receipts.
    (2) For open access vessels, the following species must be sorted:
    (i) Coastwide--widow rockfish, canary rockfish, darkblotched 
rockfish, yelloweye rockfish, shortbelly rockfish, black rockfish, blue 
rockfish, minor nearshore rockfish, minor shelf rockfish, minor slope 
rockfish, shortspine and longspine thornyhead, Dover sole, arrowtooth 
flounder, petrale sole, starry flounder, English sole, other flatfish, 
lingcod, sablefish, Pacific cod, spiny dogfish, longnose skate, other 
fish, Pacific whiting, and Pacific sanddabs;
    (ii) North of 40[deg]10' N. lat.--POP, yellowtail rockfish, cabezon 
(Oregon and California);
    (iii) South of 40[deg]10' N. lat.--minor shallow nearshore 
rockfish, minor deeper nearshore rockfish, chilipepper, bocaccio, 
splitnose rockfish, cowcod, bronzespotted rockfish, blackgill rockfish 
and cabezon.
* * * * *

0
21. In Sec.  660.332, paragraphs (a) and (b) are revised to read as 
follows:


Sec.  660.332  Open access daily trip limit (DTL) fishery for 
sablefish.

    (a) Open access DTL fisheries both north and south of 36[deg] N. 
lat. Open access vessels may fish in the open access, daily trip limit 
fishery for as long as that fishery is open during the year, subject to 
the routine management measures imposed under Sec.  660.60.
    (b) Trip limits. (1) Daily and/or weekly trip limits for the open 
access fishery north and south of 36[deg] N. lat. are provided in 
Tables 3 (North) and 3 (South) of this subpart.
    (2) Trip and/or frequency limits may be imposed in the limited 
entry fishery on vessels that are not participating in the primary 
season under Sec.  660.60.
    (3) Trip and/or size limits to protect juvenile sablefish in the 
limited entry or open access fisheries also may be imposed at any time 
under Sec.  660.60.
    (4) Trip limits may be imposed in the open access fishery at any 
time under Sec.  660.60.

0
22. Tables 3 (North) and 3 (South), to part 660, subpart F, are revised 
to read as follows:

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BILLING CODE 3510-22-C

0
23. In Sec.  660.360, paragraphs (c)(1)(i)(D)(1), (c)(1)(iv)(A) and 
(B), (c)(3) introductory text, (c)(3)(i)(A)(1), and (2), (c)(3)(i)(B), 
(c)(3)(ii)(A)(1) and (2), (c)(3)(ii)(B) through (D), (c)(3)(iii)(A)(1) 
and (2), (c)(3)(v)(A)(1) through (3) are revised to read as follows:


Sec.  660.360  Recreational fishery-management measures

* * * * *
    (c) * * *
    (1) * * *
    (i) * * *
    (D) * * *
    (1) West of the Bonilla-Tatoosh line Between the U.S. border with 
Canada

[[Page 643]]

and the Queets River (Washington state Marine Area 3 and 4), 
recreational fishing for groundfish is prohibited seaward of a boundary 
line approximating the 20 fm (37 m) depth contour from May 1 through 
September 30, except on days when the Pacific halibut fishery is open 
in this area it is lawful to retain, lingcod, Pacific cod and sablefish 
seaward of the 20 fm (37 m) boundary. Days open to Pacific halibut 
recreational fishing off Washington are announced on the NMFS hotline 
at (206) 526-6667 or (800) 662-9825. Coordinates for the boundary line 
approximating the 20 fm (37 m) depth contour are listed in Sec.  
660.71, subpart C.
    (iv) * * *
    (A) Between the U.S./Canada border and 48[deg]10' N. lat. (Cape 
Alava) (Washington Marine Area 4), recreational fishing for lingcod is 
open, for 2013, from April 16 through October 12, and for 2014, from 
April 16 through October 15. Lingcod may be no smaller than 24 inches 
(61 cm) total length.
    (B) Between 48[deg]10' N. lat. (Cape Alava) and 46[deg]16' N. lat. 
(Washington/Oregon border) (Washington Marine Areas 1-3), recreational 
fishing for lingcod is open for 2013, from March 16 through October 12, 
and for 2014, from March 15 through October 18. Lingcod may be no 
smaller than 22 inches (56 cm) total length.
* * * * *
    (3) California. Seaward of California, California law provides 
that, in times and areas when the recreational fishery is open, there 
is a 20 fish bag limit for all species of finfish, within which no more 
than 10 fish of any one species may be taken or possessed by any one 
person. [Note: There are some exceptions to this rule. The following 
groundfish species are not subject to a bag limit: Petrale sole, 
Pacific sanddab and starry flounder.] For groundfish species not 
specifically mentioned in this paragraph, fishers are subject to the 
overall 20-fish bag limit for all species of finfish and the depth 
restrictions at paragraph (c)(3)(i) of this section. Recreational 
spearfishing for all federally-managed groundfish, is exempt from 
closed areas and seasons, consistent with Title 14 of the California 
Code of Regulations. This exemption applies only to recreational 
vessels and divers provided no other fishing gear, except spearfishing 
gear, is on board the vessel. California state law may provide 
regulations similar to Federal regulations for the following state-
managed species: Ocean whitefish, California sheephead, and all 
greenlings of the genus Hexagrammos. Kelp greenling is the only 
federally-managed greenling. Retention of cowcod, yelloweye rockfish, 
bronzespotted rockfish, and canary rockfish is prohibited in the 
recreational fishery seaward of California all year in all areas. For 
each person engaged in recreational fishing in the EEZ seaward of 
California, the following closed areas, seasons, bag limits, and size 
limits apply:
* * * * *
    (i) * * *
    (A) * * *
    (1) Between 42[deg] N. lat. (California/Oregon border) and 
40[deg]10' N. lat. (Northern Management Area), recreational fishing for 
all groundfish (except ``other flatfish'' as specified in paragraph 
(c)(3)(iv) of this section) is prohibited seaward of the 20 fm (37 m) 
depth contour along the mainland coast and along islands and offshore 
seamounts from May 15 through October 31 (shoreward of 20 fm is open); 
and is closed entirely from January 1 through May 14- and from November 
1 through December 31.
    (2) Between 40[deg]10' N. lat. and 38[deg]57.50' N. lat. (Mendocino 
Management Area), recreational fishing for all groundfish (except 
``other flatfish'' as specified in paragraph (c)(3)(iv) of this 
section) is prohibited seaward of the 20 fm (37 m) depth contour along 
the mainland coast and along islands and offshore seamounts from May 
15, 2013 through September 2, 2013 (shoreward of 20 fm is open), and is 
closed entirely from January 1, 2013 through May 14, 2013 and from 
September 3, 2013 through December 31, 2013; Recreational fishing for 
groundfish is prohibited seaward of 20 fm (37 m) and from May 15, 2014 
through September 1, 2014 (shoreward of 20 fm is open); and is closed 
entirely from January 1, 2014 through May 14, 2014 and from September 
2, 2014 through December 31, 2014.
* * * * *
    (B) Cowcod conservation areas. The latitude and longitude 
coordinates of the Cowcod Conservation Areas (CCAs) boundaries are 
specified at Sec.  660.70. In general, recreational fishing for all 
groundfish is prohibited within the CCAs, except that fishing for 
``other flatfish'' is permitted within the CCAs as specified in 
paragraph (c)(3)(iv) of this section. However, recreational fishing for 
the following species is permitted shoreward of the 20 fm (37 m) depth 
contour when the season for those species is open south of 34[deg]27' 
N. lat.: Minor nearshore rockfish, cabezon, kelp greenling, lingcod, 
California scorpionfish, shelf rockfish and ``other flatfish'' (subject 
to gear requirements at paragraph (c)(3)(iv) of this section during 
January-February). Retention of canary rockfish, yelloweye rockfish, 
bronzespotted rockfish and cowcod is prohibited within the CCA. [Note: 
California state regulations also permit recreational fishing for 
California sheephead, ocean whitefish, and all greenlings of the genus 
Hexagrammos shoreward of the 20 fm (37 m) depth contour in the CCAs 
when the season for the RCG complex is open south of 34[deg]27' N. 
lat.] It is unlawful to take and retain, possess, or land groundfish 
within the CCAs, except for species authorized in this section.
* * * * *
    (ii) * * *
    (A) * * *
    (1) Between 42[deg] N. lat. (California/Oregon border) and 
40[deg]10' N. lat. (North Management Area), recreational fishing for 
the RCG complex is open from May 15 through October 31 (i.e., it's 
closed from January 1 through May 14 and from November 1 through 
December 31.
    (2) Between 40[deg]10' N. lat. and 38[deg]57.50' N. lat. (Mendocino 
Management Area), recreational fishing for the RCG Complex is open from 
May 15, 2013 through September 2, 2013 (i.e., it's closed from January 
1 through May 14 and September 3 through December 31 in 2013), and from 
May 15, 2014 through September 1, 2014 (i.e., it's closed from January 
1 through May 14 and September 2 through December 31 in 2014).
* * * * *
    (B) Bag limits, hook limits. In times and areas when the 
recreational season for the RCG Complex is open, there is a limit of 2 
hooks and 1 line when fishing for the RCG complex and lingcod. The bag 
limit is 10 RCG Complex fish per day coastwide. Retention of canary 
rockfish, yelloweye rockfish, bronzespotted rockfish and cowcod is 
prohibited. Within the 10 RCG Complex fish per day limit, no more than 
3 may be bocaccio and no more than 3 may be cabezon. Multi-day limits 
are authorized by a valid permit issued by California and must not 
exceed the daily limit multiplied by the number of days in the fishing 
trip.
    (C) Size limits. The following size limits apply: cabezon may be no 
smaller than 15 in (38 cm) total length; and kelp and other greenling 
may be no smaller than 12 in (30 cm) total length.
    (D) Dressing/filleting. Cabezon, kelp greenling, and rock greenling 
taken in the recreational fishery may not be filleted at sea. Rockfish 
skin may not be removed when filleting or otherwise dressing rockfish 
taken in the recreational fishery. The following

[[Page 644]]

rockfish filet size limits apply: Brown-skinned rockfish fillets may be 
no smaller than 6.5 in (16.6 cm). ``Brown-skinned'' rockfish include 
the following species: Brown, calico, copper, gopher, kelp, olive, 
speckled, squarespot, and yellowtail.
* * * * *
    (iii) * * *
    (A) * * *
    (1) Between 42[deg] N. lat. (California/Oregon border) and 
40[deg]10' N. lat. (Northern Management Area), recreational fishing for 
lingcod is open from May 15 through October 31 (i.e., it's closed from 
January 1 through May 14 and from November 1 through December 31).
    (2) Between 40[deg]10' N. lat. and 38[deg]57.50' N. lat. (Mendocino 
Management Area), recreational fishing for lingcod is open from May 15, 
2013 through September 2, 2013 (i.e., it's closed from January 1 
through May 14 and September 3 through December 31 in 2013) and from 
May 15, 2014 through September 1, 2014 (i.e., it's closed from January 
1 through May 14 and September 2 through December 31 in 2014).
* * * * *
    (v) * * *
    (A) * * *
    (1) Between 40[deg]10' N. lat. and 38[deg]57.50' N. lat. (Mendocino 
Management Area), recreational fishing for California scorpionfish is 
open from May 15 through September 2, 2013 (i.e., it's closed from 
January 1 through May 14 and from September 3 through December 31, in 
2013), and from May 15, 2014 through September 1, 2014 (i.e., it's 
closed from January 1 through May 14 and September 2 through December 
31 in 2014).
    (2) Between 38[deg]57.50' N. lat. and 37[deg]11' N. lat. (San 
Francisco Management Area), recreational fishing for California 
scorpionfish is open from June 1 through December 31 (i.e., it's closed 
from January 1 through May 31).
    (3) Between 37[deg]11' N. lat. and 34[deg]27' N. lat. (Central 
Management Area), recreational fishing for California scorpionfish is 
open from May 1 through December 31 (i.e., it's closed from January 1 
through April 30).
* * * * *
[FR Doc. 2012-31134 Filed 12-28-12; 11:15 am]
BILLING CODE 3510-22-P