[Federal Register Volume 88, Number 24 (Monday, February 6, 2023)]
[Proposed Rules]
[Pages 7661-7673]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-01988]



[[Page 7661]]

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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 660

[Docket No. 230126-0027]
RIN 0648-BK09


Fisheries off West Coast States; Highly Migratory Fisheries; 
Amendment 6 to the Fishery Management Plan for West Coast Fisheries for 
Highly Migratory Species; Authorization of Deep-Set Buoy Gear

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

ACTION: Proposed rule; request for comments.

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SUMMARY: This proposed rule would implement Amendment 6 to the Fishery 
Management Plan for U.S. West Coast Fisheries for Highly Migratory 
Species (HMS FMP), which authorizes deep-set buoy gear (DSBG) as a 
legal gear type for targeting swordfish and catching other highly 
migratory species (HMS) off the U.S. West Coast. The proposed rule 
would establish a limited entry (LE) permitting regime for use of DSBG 
in the Southern California Bight (SCB). DSBG fishing would be permitted 
on an open-access basis outside of the SCB, in Federal waters off of 
California and Oregon, for all vessels possessing a general HMS permit 
with a DSBG endorsement. DSBG fishing would not be permitted in Federal 
waters off of Washington. This proposed rule includes definitions for 
two configurations of DSBG--standard and linked--and specifies the LE 
management area, permitting process, and requirements for use of the 
gear.

DATES: Comments on the proposed rule and supporting documents must be 
submitted in writing by March 8, 2023.

ADDRESSES: You may submit comments on this document, identified by 
NOAA-NMFS-2022-0141, via the Federal e-Rulemaking Portal. Go to https://www.regulations.gov and enter NOAA-NMFS-2022-0141 in the Search box. 
Click on the ``Comment'' icon, complete the required fields, and enter 
or attach your comments.
    Comments sent by any other method, to any other address or 
individual, or received after the end of the comment period, may not be 
considered by NMFS. All comments received are a part of the public 
record and will generally be posted for public viewing on 
www.regulations.gov without change. All personal identifying 
information (e.g., name, address, etc.), confidential business 
information, or otherwise sensitive information submitted voluntarily 
by the sender will be publicly accessible. NMFS will accept anonymous 
comments (enter ``N/A'' in the required fields if you wish to remain 
anonymous).
    Please submit written comments regarding the burden-hour estimates 
or other aspects of the collection-of-information requirements 
contained in this proposed rule and subject to the Paperwork Reduction 
Act to www.reginfo.gov/public/do/PRAMain. Find this particular 
information collection by selecting ``Currently under Review'' or by 
using the search function and entering the title of the collection or 
the OMB Control Number. Comments on the information collection 
requirements may also be sent by email to [email protected].
    Copies of the draft Regulatory Impact Review (RIR) and other 
supporting documents are available via the Federal eRulemaking Portal: 
https://www.regulations.gov, docket NOAA-NMFS-2022-0141, or contact the 
Acting Highly Migratory Species Branch Chief, Rachael Wadsworth, 
[email protected], or [email protected].

FOR FURTHER INFORMATION CONTACT: Amber Rhodes, NMFS, (202) 936-6162, 
[email protected].

SUPPLEMENTARY INFORMATION: 

Table of Contents

I. Background
II. Council Process and Recommendations
III. Discussion of Proposed Rule
    A. Gear Endorsements
    B. Limited Entry Permit
    1. Ownership Requirements and Limitations
    2. Vessel Registration
    3. Change in Permit Ownership
    4. Term of Permits, Permit Renewal Process, and Permit 
Replacement
    5. Permit Fees and Sanctions
    C. Process for Initial Issuance of Limited Entry Permits
    1. Application Process for Tiers 1-8
    2. Application Process for Tier 9
    D. Gear Specifications
    E. Management Measures
    F. Additional Proposed Regulations
IV. Classification

I. Background

    Currently, two commercial gear types are authorized to target 
swordfish in Federal waters off the U.S. West Coast: harpoon and large-
mesh drift gillnet (DGN). Of the two, DGN has produced the majority of 
the landings to West Coast ports. However, attrition in the DGN fishery 
has led to reduced swordfish landings by West Coast-based fishing 
vessels. The large majority of swordfish demand on the West Coast is 
currently met by Hawaii-based longline vessels, and by imports. 
Motivated by reduced participation in the U.S. West Coast swordfish 
fishery and increased reliance on foreign supplies of swordfish to meet 
U.S. consumer demand, NMFS and the Pacific Fishery Management Council 
(hereafter, the Council) expressed interest in new gear types for 
targeting swordfish and other HMS while minimizing interactions with 
protected species and bycatch of non-target finfish.
    Under the Magnuson-Stevens Fishery Conservation and Management Act 
(MSA), 16 U.S.C. 1801 et seq., the Council provides recommendations to 
NMFS regarding Fishery Management Plans and regulations to implement 
them. Existing regulations allow for the issuance of exempted fishing 
permits (EFP) for limited testing, data collection, and the target or 
incidental harvest of species using methods otherwise prohibited (see 
50 CFR 600.745(b)). In 2014, the Council solicited EFP applications to 
test gear types or methods that could serve as an alternative to using 
DGN to catch swordfish in the U.S. West Coast Exclusive Economic Zone 
(EEZ), or to test different approaches to contemporary DGN fishery 
management practices. The Council received EFP applications to fish 
with DSBG. DSBG research trials had been underway since 2011, and EFP 
trials began in 2015 following a Council recommendation to issue DSBG 
EFPs. The results of these trials indicated DSBG could be a viable 
commercial fishing method with low environmental impacts. The Council 
also recommended issuance of EFPs for other gear types in addition to 
DSBG; however, comparatively fewer data have been collected from these 
gear types to-date. During the course of EFP fishing, DSBG-caught 
swordfish has typically fetched a higher price per pound than swordfish 
caught using DGN or longlines, or by foreign nations and imported. 
However, the catch per day of swordfish using DSBG is variable, ranging 
from zero to as many as 11 fish in a single day, with an average of 1.2 
fish per day from 2015-2020.
    Following the results of DSBG trials, the Council recommended 
authorizing the gear under the HMS FMP and implementing regulations.
    DSBG employs a hook-and-buoy system to catch swordfish while they 
are feeding during the daytime in deep water, with hooks commonly set 
at depths below 250 meters. DSBG configurations include ``standard'' 
buoy

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gear (SBG) and ``linked'' buoy gear (LBG). SBG configurations consist 
of strike indicator buoys deployed at the surface, a vertical mainline, 
baited circle hooks at depth, and a weighted sinker to ensure that 
hooks reach depth rapidly. LBG configurations include additional sub-
surface branch lines connecting the various strike indicator buoys and 
more hooks at depth.
    The proposed rule is expected to contribute to the management of 
the U.S. West Coast swordfish fishery according to the National 
Standards for fishery conservation and management under the MSA (see 16 
U.S.C. 1851(a) and 50 CFR part 600, subpart D). Specifically, 
authorizing DSBG as an additional legal gear type for commercially 
harvesting swordfish from Federal waters off the U.S. West Coast will 
contribute to the U.S. West Coast swordfish fishery's capacity to 
achieve optimum yield of the Western and Central North Pacific 
swordfish stock (consistent with National Standard 1). This stock is 
currently underutilized with spawning stock biomass at nearly double 
maximum sustainable yield (MSY) levels, and fishing effort at roughly 
half of the MSY level, according to the most recent stock assessment 
completed by the International Scientific Committee for Tuna and Tuna-
like Species in the North Pacific Ocean (ISC) in 2018, which can be 
accessed here: https://isc.fra.go.jp/pdf/ISC18/ISC_18_ANNEX_16_Stock_Assessment_of_WCNPO_Swordfish_through_2016_FINAL.pdf. Despite high consumer demand, over 80 percent of swordfish consumed 
in U.S. West Coast States has come from foreign sources since 2015. 
While the Council has expressed interest in reducing reliance on 
foreign supplies of swordfish, the Council has also indicated that 
minimizing bycatch to the extent practicable (consistent with National 
Standard 9) is a priority.

II. Council Process and Recommendations

    After a series of public meetings to develop and evaluate 
alternatives for a proposed action, the Council adopted its final 
preferred alternative for authorizing DSBG in September 2019. The 
Council recommended that NMFS permit an open access fishery outside of 
the SCB and a LE fishery inside the SCB, with a maximum of 300 LE 
permits to be issued. For the purpose of this proposed rule, the SCB is 
defined by a northern boundary of 34[deg]26'54.96'' N latitude (i.e., 
Point Conception, CA), a southern boundary of the U.S.-Mexico maritime 
border, and a western boundary of 120[deg]28'18'' W longitude. To date, 
99 percent of DSBG EFP fishing effort has occurred in this area. During 
the relevant Council meetings, stakeholders raised concerns about the 
potential for gear conflicts and crowding to occur in the SCB following 
DSBG authorization. The Council selected its final preferred 
alternative, including a LE permitting regime with tiered qualifying 
criteria intended to prioritize participants with demonstrated 
swordfish fishing experience, as a means to authorize DSBG use in the 
SCB with a precautionary, ``phased-in'' approach. At its March 2021 
Meeting, the Council modified the tiered criteria by which applicants 
must qualify to receive LE permits, and clarified some of the 
terminology used in its earlier September 2019 recommendation.
    In addition to the Council's original recommendation for DSBG 
management measures in September 2019 and March 2021, NMFS proposes 
some additional regulations in this proposed rule for the purpose of 
monitoring fishery compliance with the Endangered Species Act, (16 
U.S.C 1531, et seq.). NMFS alerted the Council to the rationale for 
these measures during its March 2022 meeting, and describes them in 
more detail in the next section. Lastly, additional management measures 
contained in 50 CFR part 300, subpart C (applicable to eastern Pacific 
tuna fisheries) and 50 CFR part 660, subpart K (applicable to all HMS 
fisheries off the West Coast States, which apply to fishing under HMS 
permits more broadly (i.e., annual catch limits on HMS and monitoring 
provisions)) may also apply to DSBG fishing under the proposed rule.

III. Discussion of the Proposed Rule

    Consistent with the Council's recommendations, this rule proposes 
to authorize DSBG as a legal gear type under the HMS FMP, and to enable 
permitting of an open access fishery in Federal waters south of the 
Oregon-Washington border outside of the SCB, and a LE fishery in the 
SCB. The proposed regulations for issuing LE permits include tiered 
qualifying criteria recommended by the Council. Fishing with DSBG would 
also be subject to a suite of gear specifications and management 
measures. This rule also proposes to implement a few additional 
measures that are necessary to carry out the Council's recommendations 
in accordance with section 7 of the Endangered Species Act and to 
revise the current definitions in Sec.  660.702 of ``commercial 
fishing,'' to make a minor grammatical change, and of ``commercial 
fishing gear,'' to include DSBG. Several new definitions are also 
proposed as applicable to the rule. Finally, this rule proposes to 
update corresponding prohibitions listed in Sec.  660.705.

A. Gear Endorsements

    Existing regulations at 50 CFR 660.707(a) require commercial 
fishing vessels that fish for HMS in Federal waters off of California, 
Oregon, and Washington to be registered for use under a general HMS 
permit that authorizes the use of specific gear. This rule proposes to 
prohibit fishing with DSBG in Federal waters off of the State of 
Washington (see proposed Sec.  660.715(d)(1)). Therefore under the 
proposed rule, gear endorsements for DSBG will be required under the 
existing Federal general HMS permit regulations to fish with DSBG in 
Federal waters south of a line extending seaward of the Oregon/
Washington border (i.e., off of the States of California and Oregon). 
Additionally, this rule proposes to require possession of a valid LE 
DSBG permit to fish with DSBG in Federal waters inside the SCB (see 
proposed Sec.  660.715(d)(2)), which is further described in the next 
section.

B. Limited Entry Permit

    Consistent with the Council's recommendations, this proposed rule 
stipulates specifications and limitations on qualifying for, issuing, 
possessing, renewing, and transferring LE permits. This proposed rule 
also poses a change to contact information provided in the existing 
regulation at Sec.  660.707(b)(3) for obtaining permit applications. To 
obtain an LE permit, an applicant will need to apply and qualify for 
one as part of the initial issuance process described below.
1. Ownership Requirements and Limitations (Proposed Sec. Sec.  
660.707(g)(1) Through (3))
    LE permits will be issued to and held by a ``person,'' as defined 
at 50 CFR 660.702 to mean any individual, corporation, partnership, 
association or other entity (whether or not organized or existing under 
the laws of any state), and any Federal, state, or local government, or 
any entity of any such government that is eligible to own a documented 
vessel under the terms of 46 U.S.C. 12102(a). A person shall only hold 
one LE permit, in whole or in part, including through ownership 
interest in a partnership, corporation, or other entity. For example, 
if John Doe holds a permit in their own name, they cannot also hold a 
permit as a member of a partnership or corporation or other entity. For 
purposes of enforcing this limitation, partial ownership ``counts''

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as full ownership. For example, if John Doe holds 25 percent ownership 
of one permit and 25 percent ownership of another permit, that would be 
considered ownership of two permits, not 50 percent of one permit. To 
monitor and enforce this requirement, permit holders applying for 
initial issuance or renewal of an LE permit will be required to submit 
information on ownership interest as part of their LE permit 
application, which documents those persons that have an ownership 
interest in the LE permit.
    If after issuance of permits, a person is found to have an 
ownership interest in more than one LE DSBG permit, NMFS will notify 
them in writing and provide 90 days to divest of the excess permit 
ownership interest. Once divested, NMFS will void the permit(s) owned 
by that person and reissue them to the next eligible applicant with 
vessel status as ``unidentified.'' During the 90-day divestiture 
period, the person could surrender permit(s) in excess of the permit 
ownership limit to NMFS by submitting a request in writing. After the 
90-day divestiture period, NMFS will revoke all LE DSBG permits held by 
that person (including any person who has ownership interest in the 
entities listed as owners on the permit) in excess of the permit 
ownership limit. Surrendered and revoked permits will be issued to the 
next eligible applicant following the process for initial issuance.
2. Vessel Registration (Proposed Sec. Sec.  660.707(g)(2) and (6))
    A particular vessel must be designated for use with the permit 
before the permit could be used to fish with DSBG, and that vessel must 
have a valid HMS permit with a DSBG endorsement. The vessel does not 
need to be owned by the LE permit owner. An HMS permit holder is not 
required to be onboard the vessel during DSBG fishing. Likewise, an LE 
permit holder is not required to be onboard the vessel during DSBG 
fishing in the SCB. A vessel may be designated on (i.e., registered to) 
multiple LE permits, but only one LE permit can be fished on a vessel 
at a time.
    If a permit owner wants to use a permit with a vessel other than 
the one registered for use with that permit, the permit owner must 
request a change in vessel registration. Changes in the designated 
vessel will only be allowed once per year, except in the case of a 
force majeure event or if a permit holder decides not to designate a 
vessel (i.e., undesignated). A force majeure event means an event of 
extraordinary circumstances including the death of a vessel owner or 
operator, or when a designated vessel at sea (except while transiting 
between ports on a trip during which no fishing operations occur) is 
disabled by mechanical or structure failure, fire or explosion, or the 
designated vessel is totally lost. Totally lost means the vessel being 
replaced no longer exists in specie, or is absolutely and irretrievably 
sunk, or the costs of repair (including recovery) exceed the value of 
the vessel after repairs. If a permit owner chose not to designate a 
vessel it would not count as a change in vessel registration if they 
then decide to designate a vessel. However, once the vessel is 
designated, the permit owner will only be able to transfer registration 
once in the calendar year.
    To designate a vessel or change the registration for a vessel, the 
permit owner must submit a vessel registration transfer application 
through the NOAA Fisheries Permits website at https://fisheriespermits.noaa.gov/npspub/pub_cmn_login/index_live.jsp. If the 
application for a change in vessel registration is not approved, NMFS 
will issue an initial administrative determination (IAD) that will 
explain the denial in writing. The applicant may appeal NMFS' 
determination following the process at Sec.  660.707(b)(3)(iv).
3. Change in Permit Ownership (Proposed Sec.  660.707(g)(7))
    LE permits cannot be transferred, except for a one-time transfer to 
a family member upon the death or legal incapacitation of the permit 
holder. A family member is defined as spouse, domestic partner, 
cohabitant, child, stepchild, grandchild, parent, stepparent, mother-
in-law, father-in-law, son-in-law, daughter-in-law, grandparent, great 
grandparent, brother, sister, half-brother, half-sister, stepsibling, 
brother-in-law, sister-in-law, aunt, uncle, niece, nephew, or first 
cousin. One-time transfers also apply to the member of a partnership, 
corporation, or other entity. For example, if John Doe is a member of a 
partnership with Jane Smith, and John Doe died, John Doe's ownership 
interest could pass to a family member while Jane Smith's ownership 
interest remains unchanged. Changes to ownership, including the 
addition of individuals or entities as owners of the permit, will 
otherwise not be allowed. NMFS will not consider it an ownership change 
if shares among the existing owners changes or if a member of a 
partnership, corporation, or other entity leaves and is not replaced. 
To transfer a LE permit, the permit owner would submit a permit 
transfer application through the NOAA Fisheries Permits website at 
https://fisheriespermits.noaa.gov/npspub/pub_cmn_login/index_live.jsp. 
If the application for a change in vessel registration is not approved, 
NMFS will issue an IAD that will explain the denial in writing. The 
applicant may appeal NMFS' determination following the process at Sec.  
660.707(b)(3)(iv).
4. Term of Permits, Permit Renewal Process, and Permit Replacement 
(Proposed Sec.  660.707(g)(4) and (5))
    LE permits will be effective for one year (May 1-April 30) and will 
be required to be renewed each year to remain valid. The permit owner 
will be responsible for renewing a LE permit. To renew a LE permit, the 
permit owner must submit a permit renewal application through the NOAA 
Fisheries Permits website: https://fisheriespermits.noaa.gov/npspub/pub_cmn_login/index_live.jsp. Permit renewals will be due by May 31st. 
If an LE permit is not renewed by May 31st, it will expire. A LE DSBG 
permit that is allowed to expire will not be renewed unless the permit 
owner requests reissuance by August 31 (three months after the renewal 
application deadline) and NMFS determines that failure to renew was 
proximately caused by illness, injury, or death of the permit owner. 
NMFS will forfeit a LE permit that is not renewed and issue it to the 
next eligible applicant following the process for initial issuance of 
LE permits.
    A paper copy of a permit must be kept on the vessel at all times 
and must be available to members of NMFS Office of Law Enforcement upon 
request. Any permit that is lost or damaged may be replaced for free by 
contacting the NMFS permits staff at [email protected] and 
requesting a new copy of the permit. Permits which are altered, erased 
or mutilated would be deemed invalid and must be replaced.
5. Permit Fees and Sanctions (Proposed Sec.  660.707(g)(8) and (9))
    NMFS will charge fees to cover administrative expenses related to 
issuance of permits including initial issuance, renewal, permit 
registration, vessel registration, replacement, and appeals. The amount 
of the fee is calculated biennially in accordance with the procedures 
of the NOAA Finance Handbook for determining the administrative costs 
of each special product or service. The fee may not exceed such costs 
and is specified with each application form. The appropriate fee must 
accompany each application.
    NMFS will make initial decisions regarding issuing, renewing, and 
transferring LE permits. Any adverse

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decision will be made in writing and will state the reasons for the 
adverse decision. NMFS may decline to act on an application for 
issuing, renewing, transferring, or designating a vessel on a limited 
entry permit and will notify the applicant if the permit sanction 
provisions of the Magnuson-Stevens Act at 16 U.S.C. 1858(a) and 
implementing regulations at 15 CFR part 904, subpart D apply.

C. Process for Initial Issuance of Limited Entry Permits

    LE DSBG permits will be issued in two phased regimes. The first 
phase will be an initial, one-time qualification process for applicants 
meeting the criteria laid out by the Council for Tiers 1-8 (see 
proposed Sec.  660.707(g)(11)). The second phase will be an annual 
application process for applicants under Tier 9 (see proposed Sec.  
660.707(g)(12)). NMFS would issue 50 permits the first year, followed 
by 25 permits each year after, up to 300 permits in total. If at any 
time, NMFS and/or the Council determine that the maximum number of 
permits should be less than 300, NMFS will engage in rulemaking to 
specify the alternate maximum number of permits to be issued.
1. Application Process for Tiers 1-8
    After publication of the final rule, applicants will be able to 
apply to NMFS to be considered for an LE DSBG permit under Tiers 1-8. 
Applications will be available through the NMFS permits website and 
will be due to NMFS 60 days after publication of the final rule. This 
will be a one-time application opportunity to qualify for an LE permit 
under Tiers 1-8. An applicant that fails to submit a complete 
application by the deadline forgoes their opportunity to obtain a 
permit under Tiers 1-8, and their permit may be issued to the next 
person in line following the initial issuance procedures. An applicant 
that misses the application deadline for Tiers 1-8, is denied, or 
otherwise does not qualify for a permit under Tiers 1-8 could apply for 
a permit under Tier 9.
    To qualify for a permit under Tiers 1-8, applicants have to be 
eligible to own a permit, in compliance with ownership limitations, and 
meet the criteria for one of the qualification Tiers 1-8 laid out by 
the Council. Descriptions of Tiers 1-8 as defined by the Council, the 
data that will be used to evaluate them, and how NMFS will apply are 
described in more detail below.
    Tier 1: Tier 1 consists of EFP holders with at least 10 documented 
calendar days of DSBG fishing effort by December 31, 2018, based on 
NMFS West Coast Region Observer Program records indicating either that 
the EFP holder was the vessel captain for that fishing day, or that 
fishing effort for that day was conducted on a vessel owned by or under 
the EFP managed by that individual. An ``EFP holder'' means any 
individual with NMFS approval to captain a commercial vessel and use 
DSBG under the authority of a DSBG EFP or any individual who is 
identified by NMFS as having managed a DSBG EFP, including vessel 
owners whose vessel fished under the authority of a DSBG EFP. NMFS 
would consider eligible fishing effort for vessel owners, captains, and 
EFP managers cumulatively across EFP vessels. For example, a captain 
that fished 5 days of DSBG effort on one vessel and 5 days on another 
vessel would be considered to have met the qualification for 10 days of 
DSBG effort. Similarly, a vessel owner that owns multiple vessels that 
fished DSBG may use the sum of DSBG days fished by all their vessels to 
meet the 10-day requirement. The same applies to EFP managers that 
managed multiple vessels. A vessel owner will only receive credit for 
qualifying effort by the vessel during the time of their ownership. For 
example, a vessel owner that purchases an EFP vessel will not be able 
to qualify for a permit based on the vessel's history under a prior 
vessel owner.
    Tier 2: Tier 2 consists of California LE DGN Shark and Swordfish 
permit holders who made at least one large-mesh DGN swordfish landing 
between the 2013-2014 and 2017-2018 fishing seasons and surrendered 
their state or Federal LE DGN permit as part of a DGN permit trade-in 
or buy-back program. NMFS will qualify individuals for this tier based 
on California Department of Fish and Wildlife (CDFW) marine landing 
receipts and buyback records and NMFS and CDFW permit information.
    Tier 3: Tier 3 consists of EFP holders approved by the Council 
prior to April 1, 2021, who conducted at least 10 calendar days of DSBG 
fishing effort or with 10 days of DSBG effort on their vessel or by 
vessels they managed under the EFP by the effective date of the final 
rule implementing the LE DSBG permit. NMFS will qualify individuals for 
this tier based on a NMFS West Coast Regional Observer Program record 
or a properly submitted NMFS DSBG EFP logbook indicating that the EFP 
holders was either a vessel captain for fishing days or an EFP manager 
or owner, or both, of the vessel that conducted the fishing effort. The 
definition of an EFP holder is the same as for Tier 1. As with Tier 1, 
NMFS would consider the cumulative effort of captains, vessel owners, 
and EFP managers across vessels to meet the 10-day effort 
qualification. Tier 3 will consider trips through the effective date of 
the final rule. To enable timely review of applications and issuance of 
LE permits, logbooks for trips landed on the effective date of the 
final rule will need to be submitted within 7 days of landing to be 
considered under this tier. Logbooks submitted after the deadline may 
not be considered in qualifying applicants for Tier 3.
    Tier 4: Tier 4 consists of California Swordfish permit holders who 
possessed a permit during the 2018-2019 fishing season and made at 
least one swordfish landing using harpoon gear between the 2013-2014 
and 2017-2018 fishing seasons. NMFS will qualify individuals for this 
tier based on CDFW permit and marine landing receipt records.
    Tier 5: Tier 5 consists of California LE DGN Shark and Swordfish 
permit holders who made at least one large-mesh DGN swordfish landing 
between the 2013-2014 and 2017-2018 fishing seasons and who did not 
surrender their state or Federal LE DGN permit as part of a trade-in or 
buy-back program. NMFS will qualify individuals for this tier based on 
CDFW marine landing receipt and buyback records and NMFS and CDFW 
permit information.
    Tier 6: Tier 6 consists of California LE DGN Shark and Swordfish 
permit holders who have not made a swordfish landing with large-mesh 
DGN gear since March 31, 2013, and who surrender their state or Federal 
LE DGN permit as part of a permit trade-in or buy-back program. NMFS 
will qualify individuals based on CDFW marine landing receipt and 
buyback records and NMFS and CDFW permit information.
    Tier 7: Tier 7 consists of state or Federal LE DGN permit holders 
who have not made a swordfish landing with DGN gear since March 31, 
2013, and did not surrender their LE DGN permit as part of a state or 
Federal LE DGN permit trade-in or buy-back program, based on CDFW 
marine landing receipts and buyback records and NMFS and CDFW permit 
information.
    Tier 8: Tier 8 consists of any individual with documented 
commercial swordfish fishing experience between January 1, 1986, and 
the effective date of the final rule, on a first come, first served 
basis. NMFS will qualify individuals for this tier based on CDFW permit 
records showing possession of a valid commercial fishing license on 
that date and one of the following:

[[Page 7665]]

    (i) A valid CDFW marine landing receipt identifying the individual 
as the fisherman of record;
    (ii) A valid state or Federal logbook where swordfish were taken 
and identifying the individual as captain or crew on that day; and
    (iii) A signed affidavit from a vessel owner or captain identifying 
the individual as vessel captain or crew on the day that swordfish were 
taken.
    For purposes of the Tier 1-8 initial issuance qualification, NMFS 
intends to use NMFS permit, EFP, observer program, and logbook records; 
CDFW permit and buyback records; and marine landing receipts. 
Applicants will be able to review these records before NMFS ``freezes'' 
the databases for purposes of qualification. ``Freezing'' the database 
means that NMFS intends to extract a dataset from NMFS and CDFW 
databases 60 days after publication of the final rule and use that 
dataset for the Tier 1-8 qualification for LE DSBG permits. Potential 
applicants have been on notice since 2018 that the Council has been 
developing a LE permit qualification for DSBG and have been able to 
review their data and records with NMFS and CDFW since that time. NMFS 
also specified at the March 2021 Council meeting the data we intend to 
use from NMFS and CDFW records to calculate LE permit eligibility and 
that we plan to provide applicants the opportunity to review and 
correct their data before we take a snapshot of the database for the 
purpose of qualification. If potential applicants have concerns over 
the accuracy of the records that will be used for qualifications, they 
should contact NMFS or the appropriate state responsible for those 
records. Any revisions to an entity's records will have to be approved 
by NMFS or CDFW and completed as of the date we freeze the database in 
order for the updated information to be used for the qualification 
process. Points of contact are as follows:
    (1) NMFS--Karen Palmigiano (562-980-4043 or [email protected]) 
for WCROP, logbook, and EFP records.
    (2) California--Elizabeth Hellmers ([email protected]) for CDFW 
license, DGN buyback, and marine landing receipt records.
    NMFS anticipates that some individuals may qualify multiple times 
under the same tier or different tiers. For example, a vessel owner may 
have eligible effort as a vessel owner and as a captain. However, a 
person will only be allowed to hold one LE permit. To comply with this 
requirement, NMFS will qualify an individual meeting multiple tiers 
based on their highest tier, with Tier 1 being highest, Tier 2 second 
highest, and so forth. NMFS also anticipates that some individuals may 
qualify multiple times under different names. NMFS will use ownership 
interest information submitted with the initial applications to 
identify such individuals. Individuals found to have an ownership 
interest in multiple qualifying entities will be notified by NMFS in 
writing and will have 30 days to divest of the excess permit ownership 
interest and resubmit their application package. For example, John Doe 
owns a vessel in partnership with Jane Smith and qualifies as a vessel 
owner. John Doe also operates the vessel and meets the qualification 
criteria as a captain. However, John Doe shall only receive one permit. 
Therefore, John Doe must decide whether to relinquish ownership 
interest in the partnership's permit or relinquish his individual 
permit. If John Doe relinquishes his interest in the partnership's 
permit, Jane Smith can resubmit her application to qualify for a permit 
based on the partnership's history.
    In addition to determining whether an applicant meets the 
qualification criteria to receive a permit, NMFS will rank qualified 
applicants within each tier to determine when they will receive a 
permit. Applicants that qualify in Tiers 1-5 will be ranked according 
to their total swordfish landings for the period and gear specified by 
the tier. Applicants that qualify in Tiers 6-8 will be ranked on a 
first come, first served basis. Per the Council's recommendation, NMFS 
may issue 50 LE permits in year 1 and 25 additional permits each year 
after with reissuance of permits that were either surrendered, revoked, 
or expired beyond the annual caps up to 300 valid permits in total, 
unless the Council recommends or NMFS determines that the maximum 
number of permits should be fewer than 300.
    For complete applications, NMFS will send the applicant an IAD 
notifying the applicant of its decision to issue or deny them a permit. 
If approved, the IAD will also provide the applicant their ``rank,'' or 
place in line for receiving a permit, and the approximate year NMFS 
expects to issue them a permit. If the application is denied, the IAD 
will explain why and notify the applicant of their right to appeal 
NMFS' decision and the procedures to do so.
    Approved applicants will be responsible for keeping their contact 
information up to date with NMFS to enable NMFS to contact them when 
the time comes to receive their permit. Permits will be emailed on or 
about April 1 of each year for the upcoming May 1 season to the address 
on record. If a permit is returned to NMFS as undeliverable, NMFS will 
make further attempts to contact the permit holder using the contact 
information on file. If NMFS is not able to contact the permit holder 
within 30 days, the permit would be revoked and issued to the next 
applicant in line, according to the process for initial issuance of LE 
permits.
2. Application Process for Tier 9
    Once the list of approved qualifiers for Tiers 1-8 has been 
exhausted, NMFS will begin issuing permits under Tier 9. At that time, 
any individual will be eligible to apply for a LE DSBG permit under 
Tier 9. On or about January 15 of the year NMFS anticipates accepting 
Tier 9 applications, NMFS will publish a notice in the Federal Register 
to notify applicants of the application opportunity. NMFS will accept 
applications for initial issuance of LE DSBG permits under Tier 9 on an 
annual basis until a total of 300 LE DSBG permits are issued, unless 
NMFS determines that the maximum number of permits should be fewer than 
300 and publishes a subsequent rulemaking. Applications will be 
considered on a first come, first served basis. As with Tiers 1-8, only 
25 permits will be issued each year. Approved applicants above 25 will 
generally be rolled over to the following year and receive priority for 
permit issuance the following year according to the date and time that 
their complete applications were received.

D. Gear Specifications

    The proposed regulations authorizing DSBG would provide for the use 
of the gear in two configurations: SBG and LBG, as defined below (see 
also proposed Sec.  660.715(a)).
    Standard Buoy Gear--An individual piece of SBG consists of a 
vertical monofilament mainline suspended from a buoy-array with a 
terminal weight. Up to three gangions with hooks may be attached to the 
mainline at a minimum depth of 90 meters.
    Linked Buoy Gear--An individual piece (section) of LBG consists of 
a monofilament mainline which extends vertically from a buoy-array 
(either directly or from a minimum 50 foot extender) to a weight; then 
horizontally to a second weight; then vertically to a minimum 50 foot 
extender attached to a second buoy-array. Up to three gangions with 
hooks may be connected to each horizontal section of the mainline, all 
of which must be fished below 90 meters. The pieces may be linked 
together by the mainline, which is serviceable between each piece of

[[Page 7666]]

LBG and must be suspended between links below a depth of 50 feet.
    Additionally, both DSBG configurations (SBG and LBG) will need to 
meet the following specifications (see also proposed Sec.  660.715(b)):
    (1) Buoy-array: The surface buoy flotation and strike detection 
array consists of a minimum of three buoys (a minimum 45 lbs buoyancy 
non-compressible hard ball, a minimum 6 lbs buoyancy buoy, and a strike 
detection buoy) with no more than 6 feet of line between adjacent 
buoys, all connected in-line by a minimum of \3/8\ inch diameter line. 
Use of buoy tether attachments (e.g., gear with loops and/or dangling 
components) is prohibited. SBG and terminal LBG buoy-arrays must 
include a locator flag, a radar reflector, and vessel/fisher 
identification compliant with all current state requirements and 
regulations;
    (2) Weights must be a minimum of 3.6 kg;
    (3) Minimum size 16/0 circle hooks with not more than 10 degrees 
offset; and
    (4) No more than ten pieces of SBG or LBG, in total, may be 
deployed at one time, with no more than three hooks per piece.
    The minimum depth requirement is intended so that DSBG will be 
fished below the thermocline where it is less likely to interact with 
air-breathing protected species (e.g., marine mammals and reptiles) and 
other non-target species. Limits on pieces of SBG and sections of LBG 
that could be deployed at any given time, in addition to other the 
other proposed gear specifications, are intended to reduce both the 
likelihood of interactions with non-target interactions species and the 
potential for any such interactions to result in mortality. For 
example, these specifications in addition to measures described in the 
next section provide for strike detection and active tending of gear 
such that the time a non-target species may be hooked or entangled is 
minimized.

E. Management Measures

    In addition to the gear specifications described in the previous 
section, the Council also made several recommendations regarding 
operations, monitoring, and management of a DSBG fishery. This section 
describes proposed regulations based on the Council's recommendations.
    Active Tending: All pieces of gear will be required to be 
maintained within a 5 nautical mile diameter circle, with the vessel no 
more than 3 nautical miles from the nearest piece of gear (see proposed 
Sec.  660.715(c)((1)). These requirements allow the gear to be actively 
tended so that any strike can be attended to quickly.
    Gear Deployment/Retrieval Timing: Gear will not be permitted to be 
deployed until local sunrise and will be required to be onboard the 
vessel no later than 3 hours after local sunset (see proposed Sec.  
660.715(c)(3)).
    Use of Multiple Gears on a Single Trip: Multiple gear types may be 
used on the same trip as DSBG, including both SBG and LBG 
configurations, as long as the requirement to actively tend DSBG is met 
(see proposed Sec.  660.715(c)(2)). This proposed requirement may limit 
the gears with which fishermen may concurrently fish with DSBG while 
staying within the active tending boundary. However, some other gear 
types may be set and retrieved on the way out to and returning from 
sea, and DSBG fished in between, potentially at a large distance from 
other gear. When fishing with multiple gear types on the same trip, 
retained catch must be tagged or marked to identify the gear used. This 
would facilitate properly attributing catch to the gear type used on a 
trip. Any such identification must also distinguish between fish caught 
with SBG versus LBG, as is required on landing receipts.
    Fishery Timing: This rule does not propose to impose any 
restriction on the time of year the fishery is open, so it may be 
permitted to operate year-round.
    Species Retention: This rule does not propose to prohibit the 
retention and landing of any species caught using DSBG, except those 
prohibited from retention and landing by other applicable laws and 
regulations.
    Fishery Monitoring: Existing regulations describe requirements for 
the submission of logbooks (50 CFR 660.708) and obligations for any 
HMS-permitted vessel to accommodate a NMFS certified observer when 
required by the agency (50 CFR 660.719). NMFS will determine the level 
of observer coverage for the DSBG fishery annually, based on 
anticipated fishing effort and available funding.

F. Additional Proposed Regulations

    In addition to gear specifications and management measures 
recommended by the Council, NMFS is proposing the following additional 
regulations for the purpose of carrying out the Council's 
recommendations in accordance with obligations to monitor and manage a 
DSBG fishery consistent with Section 7 of the Endangered Species Act.
    Pre-trip Notifications: When notified by NMFS, DSBG vessel owners 
and operators will be required to provide notification to NMFS at least 
48 hours prior to departure on a trip to fish with DSBG (see proposed 
Sec.  660.715(c)(4)). These pre-trip notifications give NMFS the 
ability to place observers on vessels. NMFS will notify vessel owners 
and operators of this requirement prior to issuance of LE DSBG permits 
or HMS permits with DSBG endorsements and subsequent permit renewals.
    Protected Species Workshops: When notified by NMFS, DSBG vessel 
operators will be required to participate in workshops to learn 
mitigation, handling, and release techniques for marine mammals, sea 
turtles, seabirds, and other protected species (see proposed Sec.  
660.715(c)(5)). NMFS will maintain a list of workshop participants, and 
provide documentation for participation in workshops to workshop 
participants. NMFS will notify vessel owners and operators of this 
requirement prior to issuance of LE DSBG permits or HMS permits with 
DSBG endorsements and subsequent permit renewals.
    Area restriction for LBG: NMFS will prohibit LBG operations 
shoreward of a line approximating the 400m depth contour (see proposed 
Sec.  660.715(d)(3)). This area closure is intended to reduce the 
threat of entanglements of protected species (primarily humpback 
whales) that frequent nearshore waters. This limitation on LBG was also 
a term and condition of DSBG EFPs.

IV. Classification

    Pursuant to section 304(b)(1)(A) of the MSA, the NMFS Assistant 
Administrator has made a preliminary determination that this proposed 
rule is consistent with the HMS FMP, Amendment 6 to the HMS FMP, the 
MSA, and other applicable laws. In making the final determination, NMFS 
will consider the data, views, and comments received during the public 
comment period.
    NMFS prepared a Draft Environmental Impact Statement (DEIS) for 
this action, which addresses the requirements of the National 
Environmental Policy Act. The DEIS, which describes the full suite of 
alternatives analyzed by the Council and NMFS, can be found on the NMFS 
website at: www.fisheries.noaa.gov/bulletin/draft-eis-available-public-review-proposed-amendment-6-fishery-management-plan-west Draft 
Environmental Impact Statement.
    This proposed rule has been determined to be not significant for 
purposes of Executive Order 12866.
    The Chief Counsel for Regulation of the Department of Commerce 
certified to the Chief Counsel for Advocacy of the Small Business 
Administration that this

[[Page 7667]]

proposed rule, if adopted, would not have a significant economic impact 
on a substantial number of small entities.
    The proposed action would authorize the use of an additional gear 
type for targeting swordfish and other HMS under the HMS FMP. It would 
not preclude the use of other authorized gear types or make changes to 
existing regulations of other fisheries or fleets in the proposed 
action area (i.e., in Federal waters off California and Oregon). The 
action is intended to provide additional economic opportunity to 
fishermen while minimizing the environmental impacts of any additional 
fishing effort with DSBG.
    The tiers by which NMFS would qualify and rank issuance of LE DSBG 
permits under the proposed action direct priority issuance to 
applicants with prior DSBG or swordfish fishing experience off the U.S. 
West Coast. In a preliminary assessment of existing records on 
participation in the U.S. West Coast swordfish fishery, we found it 
highly unlikely that limiting the maximum number of LE permits to 300 
would constrain participation in a LE DSBG fishery. Rather, what may 
constrain initial participation in the fishery is the ``phased-in'' 
schedule of permit issuance (i.e., up to 50 permits issued in the first 
year with up to 25 issued in each additional year on a ranked basis). 
Therefore, some applicants may not obtain a LE DSBG permit until later 
years of the program.
    While authorization of DSBG would likely coincide with the 
cessation of issuance of DSBG EFPs (according to the specifications 
included in the proposed action), we note that EFPs are a limited 
special-privilege permit with no guarantee of renewal following the 
permit period. Therefore, in a situation in which a former EFP holder 
is unable to obtain a LE permit to fish in the SCB, any lost revenues 
associated would be a result of the discontinuation of the EFP as 
opposed to this action. Furthermore, former DSBG EFP holders who do not 
obtain a LE permit could still obtain an open access endorsement to 
fish DSBG outside the SCB. Therefore, no direct private costs of the 
regulations are expected aside from the optional costs of obtaining 
DSBG gear and a permit to fish.
    The tiered LE permit qualifying criteria prioritize DGN vessels 
that have actively participated in the DGN fishery over ``inactive'' 
vessels. The criteria also prioritize issuing permits to DGN permit 
holders who participate in a state or Federal buyout and transition 
program by surrendering their nets and forgoing renewal of their DGN LE 
permit. However, the proposed action does not require any DGN vessels 
to participate in a transition program, and any DGN permit holders who 
do not obtain a LE DSBG permit could be permitted to fish with DSBG 
outside of the SCB on an open access basis.
    Pursuant to the Regulatory Flexibility Act (RFA) and NMFS' December 
29, 2015, final rule (80 FR 81194), this certification was developed 
using NMFS' revised size standards. NMFS considers all entities subject 
to this action to be small entities as defined by this size standard. 
Because each affected vessel is a small business, there are no 
disproportional effects to small versus large entities. The proposed 
action, if adopted, will not have significant adverse economic impacts 
on these small business entities. As a result, an initial regulatory 
flexibility analysis is not required and none has been prepared.
    This proposed rule contains a collection-of-information requirement 
subject to review and approval by OMB under the Paperwork Reduction Act 
(PRA). This proposed rule revises the existing requirements for three 
collections of information associated with the following OMB Control 
Numbers: (1) 0648-0204 West Coast Region Permit Family of Forms, (2) 
0648-0223 U.S. Pacific Highly Migratory Species Hook and Line Logbook, 
and (3) 0648-0498 West Coast Region Vessel Monitoring System and Pre-
Trip Reporting System Requirements.
    Two changes are being made to collection of information 0648-0204. 
First, the addition of a DSBG endorsement to the HMS Permit, and 
second, the addition of a separate and entirely new LE DSBG permit for 
the commercial fishery. Regarding the addition of a DSBG endorsement to 
the HMS Permit, it is assumed that individuals who will request the 
DSBG endorsement on their HMS permit already have an HMS permit; thus, 
there would be no increase to the number of respondents. Because 
respondents must renew HMS permits periodically, the public reporting 
burden for adding a DSBG endorsement is not expected to increase. 
However, changes to the collection associated with the addition of a 
new LE DSBG permit are likely to increase the number of respondents for 
this collection by 150 new respondents. The public reporting burden for 
the initial Federal LE DSBG application is estimated to average 30 
minutes per respondent. There is a requirement to report Ownership 
Interest Information for applicants seeking a permit as an entity, 
business or corporation, which is estimated to average 10 minutes per 
respondent. Federal LE DSBG renewals are also estimated to average 10 
minutes per respondent, and transfers are estimated to average 30 
minutes per respondent.
    Collection of information 0648-0223 is being revised to add a 
Federal LE DSBG logbook for the commercial fishery. This change is not 
anticipated to impact the number of respondents nor the costs of this 
collection. Although there is a new logbook for recording DSBG 
activities, all anticipated DSBG respondents are assumed to have HMS 
permits and therefore already subject to existing logbook requirements, 
so that the new logbook would simply replace the logbook currently in 
use.
    Collection of information 0648-0498 is being revised to add a pre-
trip notification for vessels fishing with DSBG when requested by NMFS, 
increasing the total number of anticipated respondents and labor costs. 
Public reporting burden for pre-trip notifications is estimated to 
average 5 minutes per respondent. The estimated total number of 
respondents for this collection is 95; the estimated total annual 
burden hours are 191 hours (an increase of 34 hours); and the estimated 
total annual cost to the public for recordkeeping and reporting is 
$105,808 (an increase of $1,299).
    NMFS seeks public comment regarding whether the proposed collection 
of information is necessary for the proper performance of the functions 
of the agency, including whether the information shall have practical 
utility. NMFS also seeks public comment regarding the accuracy of the 
burden estimate, ways to enhance the quality, utility, and clarity of 
the information to be collected, and ways to minimize the burden of the 
collection of information, including through the use of automated 
collection techniques or other forms of information technology. Please 
submit written comments regarding the burden-hour estimates or other 
aspects of the collection-of-information requirements contained in this 
proposed rule and subject to the Paperwork Reduction Act to 
www.reginfo.gov/public/do/PRAMain. Find this particular information 
collection by selecting ``Currently under Review'' or by using the 
search function and entering the title of the collection or the OMB 
Control Number. Comments on the information collection requirements may 
also be sent by email to [email protected].
    Notwithstanding any other provision of the law, no person is 
required to respond to, nor shall any person be subject to a penalty 
for failure to comply

[[Page 7668]]

with, a collection of information subject to the requirements of the 
PRA, unless that collection of information displays a currently valid 
OMB Control Number.

List of Subjects in 50 CFR Part 660

    Fisheries, Fishing, Indians--lands, Recreation and recreation 
areas, Reporting and record keeping requirements, Treaties.

    Dated: January 26, 2023.
Samuel D. Rauch, III,
Deputy Assistant Administrator for Regulatory Programs, National Marine 
Fisheries Service.

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

PART 660--FISHERIES OFF WEST COAST STATES

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

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

Subpart K--Highly Migratory Species Fisheries

0
2. In Sec.  660.702, add the definition for ``Change in ownership'', 
revise the definitions for ``Commercial fishing'' and ``Commercial 
fishing gear'', and add the definitions for ``Family member'', ``Force 
Majeure'', ``Initial Administrative Determination (IAD)'', ``Ownership 
Interest'', and ``Totally lost'', in alphabetical order, to read as 
follows:


Sec.  660.702  Definitions.

* * * * *
    Change in ownership means the addition of a new shareholder or 
partner to the membership of the corporation, partnership, or other 
entity. A change in ownership is not considered to have occurred if a 
member dies or becomes legally incapacitated and a trustee is appointed 
to act on their behalf, nor if the ownership of shares among existing 
members changes, nor if a member leaves the corporation or partnership 
or other entity and is not replaced. A change in ownership is not 
considered to have occurred if only the name of the entity changes.
    Commercial fishing means:
    (1) Fishing by a person who possesses a commercial fishing license 
or is required by law to possess such license issued by one of the 
states or the Federal Government as a prerequisite to taking, 
retaining, possessing, landing and/or selling of fish; or
    (2) Fishing that results in or can be reasonably expected to result 
in sale, barter, trade or other disposition of fish for other than 
personal consumption.
    Commercial fishing gear includes the following types of gear and 
equipment used in the highly migratory species fisheries:
    (1) Deep-set buoy gear. Line fishing gear which consists of 
vertical mainlines suspended from a buoy array, with gangions with 
hooks attached to either a vertical line or a horizontal line connected 
to the terminal ends of two vertical lines. All configurations must be 
set at or below a minimum depth and actively tended;
    (2) Drift gillnet. A panel of netting, 14 inch (35.5 cm) stretched 
mesh or greater, suspended vertically in the water by floats along the 
top and weights along the bottom. A drift gillnet is not stationary or 
anchored to the bottom;
    (3) Harpoon. Gear consisting of a pointed dart or iron attached to 
the end of a pole or stick that is propelled only by hand and not by 
mechanical means;
    (4) Pelagic longline. A main line that is suspended horizontally in 
the water column and not stationary or anchored, and from which dropper 
lines with hooks (gangions) are attached. Legal longline gear also 
includes basket-style longline gear;
    (5) Purse seine. An encircling net that may be closed by a purse 
line threaded through the bottom of the net. Purse seine gear includes 
ring net, drum purse seine, and lampara nets; and
    (6) Surface hook-and-line. Fishing gear, other than longline gear, 
with one or more hooks attached to one or more lines (includes troll, 
rod and reel, handline, albacore jig, live bait, and bait boat). 
Surface hook and line is always attached to the vessel.
* * * * *
    Family member for the purposes of change in ownership of limited 
entry deep-set buoy gear permits means spouse, domestic partner, 
cohabitant, child, stepchild, grandchild, parent, stepparent, mother-
in-law, father-in-law, son-in-law, daughter-in-law, grandparent, great-
grandparent, brother, sister, half-brother, half-sister, stepsibling, 
brother-in-law, sister-in-law, aunt, uncle, niece, nephew, or first 
cousin.
    Force majeure means an event of extraordinary circumstances 
including the death of a vessel owner or operator, or when a designated 
vessel at sea (except while transiting between ports on a trip during 
which no fishing operations occur) is disabled by mechanical or 
structure failure, fire or explosion, or the designated vessel is 
totally lost.
* * * * *
    Initial Administrative Determination (IAD) means a formal, written 
determination made by National Marine Fisheries Service (NMFS) on an 
application or permit request that is subject to an appeal within NMFS.
* * * * *
    Ownership interest means participation in ownership of a 
corporation, partnership, or other entity that owns a limited entry 
deep-set buoy gear permit.
* * * * *
    Totally lost means the vessel being replaced no longer exists in 
specie, or is absolutely and irretrievably sunk, or the costs of repair 
(including recovery) would exceed the value of the vessel after 
repairs.
* * * * *
0
3. In Sec.  660.705, add paragraphs (vv) through (bbb) to read as 
follows:


Sec.  660.705  Prohibitions.

* * * * *
    (vv) Deploy or have onboard a vessel, deep-set buoy gear (DSBG) in 
contravention of gear configuration specifications described at Sec.  
660.715(a) and (b).
    (ww) Own or operate a vessel used to fish with DSBG in 
contravention of operational requirements specified at Sec.  
660.715(c)(1) and (2).
    (xx) When required under Sec.  660.715(c)(3), fail to notify NMFS 
or the NMFS-designated observer provider at least 48 hours prior to 
departure on a fishing trip during which DSBG is deployed.
    (yy) Own or operate a vessel that is engaged in DSBG fishing 
without record of the operator's participation in a protected species 
workshop as required under Sec.  660.715(c)(4).
    (zz) Own or operate a vessel used to fish with DSBG in Federal 
waters north of a line extending seaward of the Oregon/Washington 
border.
    (aaa) Own or operate a vessel used to fish with DSBG in the 
Southern California Bight (as defined at Sec.  660.715(d)(2)) while not 
in possession of a valid DSBG limited entry permit.
    (bbb) Own or operate a vessel used to fish a linked configuration 
of DSBG shoreward of a line approximating the 400 meter depth contour 
(according to coordinates specified at Sec.  660.715(d)(3)) in waters 
north of the Northern Channel Islands to a line extending seaward from 
the Oregon/Washington border.
0
4. In Sec.  660.707, revise paragraph (b)(3)(i) and add paragraph (g) 
to read as follows:

[[Page 7669]]

Sec.  660.707  Permits.

* * * * *
    (b) * * *
    (3) * * *
    (i) A West Coast Region Federal Fisheries application form may be 
obtained from the West Coast Region Fisheries Permits Office or 
downloaded from the West Coast Region website to apply for a permit 
under this section. A completed application is one that contains all 
the necessary information, and required fees, documentation, and 
signatures.
* * * * *
    (g) Limited entry deep-set buoy gear (DSBG) permit--(1) General. 
This section applies to persons (as defined at Sec.  660.702) owning a 
limited entry permit to fish with DSBG (as defined at Sec.  660.707) 
inside the Southern California Bight (as defined at Sec.  660.715(d)(2) 
and to vessels registered to such permits. For a vessel to be used to 
fish with DSBG in the Southern California Bight, that vessel must be 
registered for use with a limited entry DSBG permit.
    (2) Basic requirements. Limited entry DSBG permits are issued to a 
person, and a vessel must be specified on the permit.
    (i) Persons. Any ``person'' as defined at Sec.  660.702 may own a 
limited entry DSBG permit, subject to the ownership requirements and 
limitations at paragraph (g)(3) of this section.
    (ii) Vessels. A vessel registered to a limited entry DSBG permit 
must also be registered to a valid general HMS permit with a DSBG 
endorsement issued pursuant to paragraphs (a) and (b) of this section. 
The designated vessel need not be owned by the limited entry DSBG 
permit owner. The same vessel may be registered to multiple limited 
entry DSBG permits, but only one permit may be fished at a time.
    (3) Ownership requirements and limitations--(i) Limitation on 
permit ownership. No person may own more than one limited entry DSBG 
permit, in whole or in part, including through ownership interest in a 
partnership, corporation, or other entity.
    (ii) DSBG identification of ownership interest form. Any person 
that owns a limited entry DSBG permit and that is applying for or 
renewing a limited entry DSBG permit shall document those persons that 
have an ownership interest in the limited entry DSBG permit. This 
ownership interest must be documented with NMFS via the DSBG 
Identification of Ownership Interest Form.
    (iii) Transferability. Limited entry DSBG permits are not 
transferable, except for a one-time transfer to a family member, as 
defined at Sec.  660.702, upon the death or legal incapacitation of the 
individual or a member of the corporation, partnership, or other entity 
that owns the permit, following the procedures at paragraph (g)(7) of 
this section. The limited entry DSBG permit owner cannot change or add 
additional individuals or entities as owners of the permit, or 
otherwise change ownership of the permit as defined at Sec.  660.702. A 
transfer may not occur if such a transfer will result in a person 
holding more than one limited entry DSBG permit as described in 
paragraph (g)(3)(i) of this section.
    (iv) Divestiture, surrender, and revocation. If NMFS discovers that 
a person owns or has an ownership interest in more than one limited 
entry DSBG permit, (including any person who has ownership interest in 
the entities listed as owners on the permit), NMFS will notify the 
permit owner that they have 90 days to divest of the excess ownership 
interest. During this 90-day period, the person may surrender permit(s) 
in excess of the permit ownership limit to NMFS by submitting a request 
in writing. After the 90-day divestiture period, NMFS will revoke all 
limited entry DSBG permits held by that person in excess of the permit 
ownership limit. Surrendered and revoked permits, with vessel status as 
``unidentified,'' will be issued to the next eligible applicant 
following the procedures at paragraphs (g)(11) and (12) of this 
section.
    (4) Renewal. Limited entry DSBG permits are valid for one year (May 
1-April 30). Permits expire April 30 of each year and must be renewed 
between February 1 and March 31 of each year to remain in force the 
following permit year.
    (i) Renewal Notices. NMFS will send notices to renew limited entry 
DSBG permits to the permit owner's most recent email address on record 
with NMFS. The permit owner is responsible for notifying the Fisheries 
Permits Office of any email address change.
    (ii) Renewal packages. A complete limited entry DSBG permit renewal 
package must be received by NMFS by March 31 of each year. If a 
complete renewal package is not received by March 31, NMFS will not 
renew the limited entry DSBG permit, except under the circumstances 
described in paragraph (g)(4)(iii) of this section. A complete renewal 
package consists of a completed renewal application form, a completed 
DSBG Identification of Ownership Interest Form as required under 
paragraph (g)(3)(ii) of this section, and payment of required fees. 
NMFS may require additional documentation as it deems necessary to make 
a determination on the application. The renewal package will be 
considered incomplete until the required information is submitted. NMFS 
will decline to act on an incomplete application.
    (iii) Forfeited permits. A limited entry DSBG permit for which 
renewal is not requested will be considered expired unless the permit 
owner requests reissuance of the permit by June 30 (three months after 
the renewal application deadline) and NMFS determines that failure to 
renew was proximately caused by illness, injury, or death of the permit 
owner. If a permit is allowed to expire, it will be forfeited and NMFS 
may reissue the permit to another qualified applicant following the 
procedures at paragraphs (g)(11) and (12) of this section.
    (iv) Renewal determinations. Based on a complete application for 
renewal of a limited entry DSBG permit, if NMFS determines that the 
applicant has met the requirements of this section and is in compliance 
with any other applicable regulations, NMFS will approve the renewal 
and issue the permit. If the application is not approved, NMFS will 
issue an initial administrative decision (IAD) that will explain the 
denial in writing. The applicant may appeal NMFS' determination 
following the process at paragraph (b)(3)(iv) of this section.
    (5) Permit replacement. Replacement permits may be issued without 
charge to replace lost or mutilated permits. Replacement permits may be 
obtained by submitting a complete permit replacement application to 
NMFS. An application for a replacement permit is not considered a new 
application. Any permit that has been altered, erased, or mutilated is 
invalid.
    (6) Change in vessel registration. Limited entry DSBG permits will 
normally be registered for use with a particular vessel at the time the 
permit is issued, renewed, or replaced. A permit may not be used with 
any vessel other than the vessel registered for use with that permit. 
If the permit will be used with a vessel other than the one registered 
for use with the permit, the permit owner must request a change in 
vessel registration in accordance with paragraphs (g)(6)(ii) through 
(iv) of this section.
    (i) Limits on changes in vessel registration. The registered vessel 
may be changed no more than once per calendar year, except in cases of 
a force majeure event as defined at Sec.  660.702. A permit owner may 
also designate the vessel registration for a permit as 
``unidentified,'' meaning that no vessel

[[Page 7670]]

has been identified as registered for use with that permit. Changing a 
permit's designated vessel to ``unidentified'' is not considered a 
change in vessel registration for purposes of this section, but the 
permit is not authorized for use until a subsequent change of 
registration out of ``unidentified'' status occurs. Any subsequent 
change in registration out of ``unidentified'' status to a vessel will 
be considered a change in vessel registration and subject to a once-
per-calendar-year limit.
    (ii) Request for change in vessel registration. To request a change 
in vessel registration, a permit owner must fill out a vessel transfer 
application online through the NOAA Fisheries Permits website with 
appropriate fields completed and must submit the application to the 
West Coast Region Fisheries Permits Office. A complete change in vessel 
registration package consists of a transfer application form with 
appropriate fields completed, a current copy of the United States Coast 
Guard Documentation Form or state registration form, and payment of 
required fees. NMFS may require additional documentation as it deems 
necessary to make a determination on the application. The change in 
vessel registration package will be considered incomplete until the 
required information is submitted. NMFS will decline to act on an 
incomplete application. A permit owner may designate the vessel 
registration for a permit as ``unidentified,'' meaning that no vessel 
has been identified as registered for use with that permit. No vessel 
is authorized to use a permit with the vessel registration designated 
as ``unidentified.''
    (iii) Agency determination on an application. Based on a complete 
application for a change in vessel registration, if NMFS determines 
that the applicant has met the requirements of this section, NMFS will 
approve the change in vessel registration and issue the permit. Changes 
in vessel registration will take effect on the date that the change is 
approved by NMFS. If the application for a change in vessel 
registration is not approved, NMFS will issue an initial administrative 
determination that will explain the denial in writing. The applicant 
may appeal NMFS' determination following the process at paragraph 
(b)(3)(iv) of this section.
    (7) Permit ownership transfer--(i) Request for change in permit 
ownership. A permit owner may request change in ownership of a permit, 
in compliance with the limits at paragraph (g)(3) of this section, by 
submitting a complete transfer application package with appropriate 
fields completed to NMFS. A complete transfer application package 
consists of all of the following:
    (A) A transfer application form with appropriate fields completed;
    (B) For a request to change a permit's ownership where the current 
permit owner is a corporation, partnership or other business entity, a 
corporate resolution that authorizes the conveyance of the permit to a 
new owner and authorizes the individual applicant to request the 
conveyance on behalf of the corporation, partnership, or other business 
entity;
    (C) For a request to change a permit's ownership that is 
necessitated by the death of the permit owner(s), a death certificate 
of the permit owner(s) and appropriate legal documentation that either: 
Specifically registers the permit to a designated individual(s); or 
provides legal authority to the transferor to convey the permit 
ownership; and
    (D) Payment of required fees.
    (ii) Incomplete application. NMFS may require additional 
documentation as it deems necessary to make a determination on the 
application for change in ownership. The renewal package will be 
considered incomplete until the required information is submitted. NMFS 
will decline to act on an incomplete application.
    (iii) Agency determination on an application. Based on a complete 
application for change in ownership, if NMFS determines that the 
applicant has met the requirements of this section, NMFS will approve 
the change in ownership and issue the permit. Changes in permit 
ownership will take effect on the date that the change is approved by 
NMFS. If the application is not approved, NMFS will issue an initial 
administrative decision (IAD) that will explain the denial in writing. 
The applicant may appeal NMFS' determination following the process at 
paragraph (b)(3)(iv) of this section.
    (8) Fees. The Regional Administrator may charge fees to cover 
administrative expenses related to processing initial issuance, 
renewal, change in ownership, change in vessel registration, 
divestiture, and appeals of permits. The amount of the fee is 
determined in accordance with the procedures of the NOAA Finance 
Handbook for determining administrative costs. A fee may not exceed 
administrative costs and is specified with each application form. The 
appropriate fee must accompany each application.
    (9) Sanctions. NMFS may decline to act on an application for 
initial issuance, renewal, replacement, change in ownership, 
divestiture, or change in vessel registration, and will notify the 
applicant if the permit sanction provisions of the Magnuson-Stevens Act 
at 16 U.S.C. 1858(a) and implementing regulations at 15 CFR part 904, 
subpart D apply.
    (10) Appeals. In cases where the applicant disagrees with NMFS' 
decision on a permit application for initial issuance, renewal, 
replacement, change in ownership, divestiture, or change in vessel 
registration, the applicant may file an appeal following the procedures 
described at paragraph (b)(3)(iv) of this section.
    (11) Initial issuance for Tiers 1 through 8. This section describes 
the process for initial issuance of limited entry DSBG permits to 
applicants that qualify under Tiers 1 through 8 as defined at 
paragraphs (g)(11)(iii)(B)(1) through (8) of this section.
    (i) Exempted Fishing Permit (EFP) holder. For purposes of paragraph 
(g)(11) of this section only, exempted fishing permit (EFP) holder 
means any individual with NMFS approval to captain a commercial vessel 
and use DSBG under the authority of a DSBG EFP or any individual who is 
identified by NMFS as having managed a DSBG EFP, including vessel 
owners whose vessel fished under the authority of a DSBG EFP.
    (ii) Initial applications. Persons may apply for a limited entry 
DSBG permit by completing and submitting an initial issuance 
application package to NMFS. The completed application package must be 
submitted on the National Permit System website, or by another method 
approved by NMFS, no later than 11:59 p.m. on [date 60 days after final 
rule publication in the Federal Register]. If an applicant fails to 
submit a completed application by the deadline date, they forgo the 
opportunity to receive a limited entry DSBG permit under Tiers 1 
through 8 and their permit will be issued to the next eligible 
applicant following the procedures at paragraphs (g)(11) and (12) of 
this section. A complete initial issuance application package consists 
of the following: a completed initial issuance application form; a 
completed DSBG Identification of Ownership Interest Form, as required 
under paragraph (g)(3)(ii) of this section; a current copy of the 
United States Coast Guard Documentation Form or state registration form 
for the vessel that will be registered to the permit; and payment of 
required fees. NMFS may require additional documentation as it deems 
necessary to make a determination on the application. The initial 
issuance application package will be considered incomplete until the 
required information is submitted. NMFS will

[[Page 7671]]

decline to act on an incomplete application.
    (iii) Eligibility criteria for Tiers 1-8. To qualify for a permit 
under Tiers 1-8, an applicant must meet all of the following criteria:
    (A) The applicant is eligible to own a limited entry DSBG permit in 
accordance with paragraph (g)(2)(i) of this section;
    (B) The applicant is in compliance with the ownership requirements 
and limitations of paragraph (g)(3) of this section. Applicants found 
to have qualified for more than one permit will be notified by NMFS in 
writing and will have 30 days to divest of the excess permit ownership 
interest and resubmit their application package;
    (C) The applicant meets the criteria of one of the qualification 
tiers in paragraphs (g)(11)(iii)(C)(1) through (8) of this section 
based on data as of [date 60 days after final rule publication in the 
Federal Register]. Permits will be issued by ranking applicants 
according to the tiered criteria in those paragraphs, beginning with 
Tier 1 and ending with Tier 8. NMFS will qualify applicants that meet 
the criteria of multiple tiers based on their highest tier, with Tier 1 
being the highest, Tier 2 the second highest, and so on;
    (1) Tier 1 consists of EFP holders with at least 10 documented 
calendar days of DSBG fishing effort by December 31, 2018, based on 
NMFS West Coast Region Observer Program records indicating either that 
the EFP holder was the vessel captain for that fishing day or that 
fishing effort for that day was conducted on a vessel owned by or under 
the EFP managed by that individual.
    (2) Tier 2 consists of California Limited Entry Drift Gill Net 
(DGN) Shark and Swordfish permit holders who made at least one large-
mesh DGN swordfish landing between the 2013-2014 and 2017-2018 fishing 
seasons and surrendered their state or Federal limited entry DGN permit 
as part of a DGN permit trade-in or buy-back program, based on 
California Department of Fish and Wildlife (CDFW) marine landing 
receipt and buyback records and NMFS and CDFW permit information.
    (3) Tier 3 consists of EFP holders approved by the Pacific Fishery 
Management Council prior to April 1, 2021, who conducted at least 10 
calendar days of DSBG fishing effort or with 10 days of DSBG effort on 
their vessel or by vessels they manage under the EFP by [effective date 
of final rule], based on a NMFS West Coast Regional Observer Program 
record or a properly submitted NMFS DSBG EFP logbook indicating either 
that the EFP holder was vessel captain for that fishing day or that the 
fishing effort for that day was conducted on a vessel owned by or under 
the EFP managed by that individual.
    (4) Tier 4 consists of California Swordfish permit holders who 
possessed a permit during the 2018-2019 fishing season and made at 
least one swordfish landing using harpoon gear between the 2013-2014 or 
2017-2018 fishing seasons, based on California Department of Fish and 
Wildlife (CDFW) permit and marine landing receipt records.
    (5) Tier 5 consists of California Limited Entry Drift Gill Net 
(DGN) Shark and Swordfish permit holders who have made at least one 
large-mesh DGN swordfish landing between the 2013-2014 and 2017-2018 
fishing seasons and who did not surrender their state or Federal 
limited entry DGN permit as part of a trade-in or buy-back program, 
based on California Department of Fish and Wildlife (CDFW) marine 
landing receipts and buyback records and NMFS and CDFW permit 
information.
    (6) Tier 6 consists of California Limited Entry Drift Gill Net 
(DGN) Shark and Swordfish permit holders who have not made a swordfish 
landing with large-mesh DGN gear since March 31, 2013, and who 
surrendered their state or Federal limited entry DGN permit as part of 
a permit trade-in or buy-back program, based on California Department 
of Fish and Wildlife (CDFW) marine landing receipts and buyback records 
and NMFS and CDFW permit information.
    (7) Tier 7 consists of state or Federal limited entry drift gillnet 
(DGN) permit holders who have not made a swordfish landing with DGN 
gear since March 31, 2013, and did not surrender their limited entry 
DGN permit as part of a state or Federal limited entry DGN permit 
trade-in or buy-back program, based on California Department of Fish 
and Wildlife (CDFW) marine landing receipts and buyback records and 
NMFS and CDFW permit information.
    (8) Tier 8 consists of any individual with documented commercial 
swordfish fishing experience between January 1, 1986, and [effective 
date of the final rule], on a first come, first served basis, based on 
California Department of Fish and Wildlife (CDFW) permit records 
showing possession of a valid commercial fishing license on that date 
and one of the following:
    (i) A valid CDFW marine landing receipt identifying the individual 
as the fisherman of record;
    (ii) A valid state or Federal logbook where swordfish were taken 
and identifying the individual as captain or crew on that day;
    (iii) A signed affidavit from a vessel owner or captain identifying 
the individual as vessel captain or crew on the day that swordfish were 
taken;
    (iv) Agency determination on an application. Based on a complete 
application for an initial permit under Tiers 1-8, if NMFS determines 
that the applicant has met the requirements of this section, NMFS will 
issue an initial administrative determination (IAD). If the application 
is approved, the applicant will receive a permit according to the 
permit issuance procedures in paragraph (g)(11)(v) of this section. If 
the application is denied, the IAD will provide an explanation of the 
denial in writing. The applicant may appeal NMFS' determination 
following the process at paragraph (b)(3)(iv) of this section.
    (v) Permit issuance. NMFS will issue permits to approved applicants 
in priority order according to the qualification tiers in paragraphs 
(g)(11)(iii)(C)(1) through (8) of this section, with qualified 
applicants in Tier 1 receiving permits first, then qualified applicants 
in Tier 2, and so on. Qualified applicants will be further ranked 
within a tier based on their total swordfish landings for the time 
period and gear type specified for that tier for Tiers 1-5, according 
to California Department of Fish and Wildlife (CDFW) marine landing 
receipts as of [date 60 days after final rule publication in Federal 
Register], or by the date and time their application is received for 
Tiers 6-8. NMFS will issue up to 50 permits in 2023, and up to 25 
permits each year after, up to a total of 300 valid permits. Permits 
issued to the next eligible applicant as a result of surrender, 
revocation, or expiration will not count toward the annual permit 
issuance limits. Permits will be mailed on or about April 1 for the 
upcoming May 1 permit year to the address of record. Permit holders are 
responsible for keeping their contact information current with NMFS to 
receive their permit. If a permit is returned to NMFS as undeliverable, 
NMFS will make further attempts to contact the permit holder using the 
contact information on file. If NMFS is not able to contact the permit 
holder within 30 days, the permit will be revoked and issued to the 
next eligible applicant following the procedures at paragraphs (g)(11) 
and (12) of this section.
    (12) Initial issuance for Tier 9. When the list of permit 
qualifiers from the initial issuance for Tiers 1-8 is

[[Page 7672]]

exhausted, NMFS will begin accepting applications for additional 
limited entry DSBG permits on a first come, first served basis. In 
January of the year NMFS anticipates accepting Tier 9 applications, 
NMFS will publish a notice in the Federal Register to notify the public 
of the application opportunity. NMFS will accept applications for 
initial issuance of limited entry DSBG permits under Tier 9 on an 
annual basis until a total of 300 limited entry DSBG permits are 
issued.
    (i) Initial applications. Persons may apply for a limited entry 
DSBG permit under Tier 9 by completing and submitting an initial 
issuance application package to NMFS via the National Permit System 
website during the annual application period February 1-March 31. The 
completed application package must be submitted no later than 11:59 
p.m. Pacific Daylight Time on March 31st of the relevant year. A 
complete initial issuance application package consists of the 
following: a completed initial issuance application form; a completed 
DSBG Identification of Ownership Interest Form, as required under 
paragraph (g)(3)(ii) of this section; a current copy of the United 
States Coast Guard Documentation Form or state registration form for 
the vessel that will be registered to the permit; and payment of 
required fees. NMFS may require additional documentation as it deems 
necessary to make a determination on the application. The initial 
issuance application package will be considered incomplete until the 
required information is submitted. NMFS will decline to act on an 
incomplete application.
    (ii) Eligibility criteria for Tier 9. To qualify for a permit under 
Tier 9, an applicant must meet all of the following criteria:
    (A) The applicant is eligible to own a limited entry DSBG permit in 
accordance with paragraph (g)(2)(i) of this section;
    (B) The applicant is in compliance with the ownership requirements 
and limitations of paragraph (g)(3) of this section;
    (iii) Agency determination on an application. Based on a complete 
application, if NMFS determines that the applicant for an initial 
permit under Tier 9 has met the requirements of this section, NMFS will 
issue an initial administrative determination (IAD). If the application 
is approved, the IAD will say so and the applicant will receive a 
permit according to the permit issuance procedures in paragraph 
(g)(11)(iv) of this section. If the application is denied, the IAD will 
provide an explanation of the denial in writing. The applicant may 
appeal NMFS' determination following the process at paragraph 
(b)(3)(iv) of this section;
    (iv) Permit issuance. NMFS will issue permits to approved 
applicants under Tier 9 on a first come, first served basis, according 
to the date and time that their application was submitted through the 
National Permit System. NMFS will issue up to 25 permits each year, up 
to a total of 300 valid permits. If NMFS approves more than 25 
applications in a single year, the approved applicants above 25 will 
receive priority for permit issuance the following year according to 
the date and time that their complete applications were received. 
Permits issued to the next eligible applicant as a result of surrender, 
revocation, or expiration will not count toward the annual permit 
issuance limits.
0
5. In Sec.  660.715, revise the section heading and add paragraphs (a) 
through (d) to read as follows:


Sec.  660.715  Deep-set buoy gear fishery.

    (a) Gear configurations. Deep-set buoy gear (DSBG) configurations 
must conform to the following specifications:
    (1) Standard buoy gear (SBG). An individual piece of SBG must 
consist of a vertical monofilament mainline suspended from a buoy-array 
with a terminal weight. No more than three gangions with hooks may be 
attached to the mainline. No gangions with hooks may be attached at a 
depth shallower than 90 meters.
    (2) Linked buoy gear (LBG). An individual piece (section) of LBG 
must consist of a monofilament mainline that extends vertically from a 
buoy-array (either directly or from a minimum 50-foot extender) to a 
weight; then horizontally to a second weight; then vertically to a 
minimum 50-foot extender attached to a second buoy-array. No more than 
three gangions with hooks may be connected to each horizontal section 
of the mainline. No gangions with hooks may be attached at a depth 
shallower than 90 meters. Individual pieces may be linked together by 
the mainline. The links between each piece of LBG must be serviceable.
    (b) Additional gear configuration specifications. Use of SBG and 
LBG must conform with the following requirements:
    (1) Surface buoy flotation and strike detection array requirements. 
The surface buoy flotation and strike detection array must include a 
minimum of three buoys (a minimum 45-pound buoyancy non-compressible 
hard ball, a minimum 6-pound buoyancy buoy, and a strike detection 
buoy), with no more than 6 feet of line between adjacent buoys, all 
connected in-line by a minimum of \3/8\ inch diameter line.
    (i) Buoys must be free of tether attachments (e.g., non-streamlined 
gear with loops and/or dangling components).
    (ii) SBG and terminal LBG buoy-arrays must include a locator flag, 
a radar reflector, and vessel/fisher identification compliant with all 
current state requirements and regulations.
    (2) Weight requirements. Weights must be a minimum of 3.6 
kilograms.
    (3) Circle hook requirements. Circle hooks must be used that are a 
minimum size 16/0 with not more than 10 degrees offset.
    (4) Gear pieces and hook limitations. No more than ten pieces of 
SBG or LBG, in total, may be deployed at one time, with no more than 
three hooks per piece.
    (c) Operational requirements. SBG and LBG must be fished in 
accordance with the following operational requirements.
    (1) Active tending. All pieces of gear must remain within 5 
nautical miles of the vessel at all times, and the vessel may be no 
more than 3 nautical miles from the nearest piece of gear.
    (2) Fishing multiple gear types. Gear types other than DSBG may be 
used on the same trip when DSBG is used, as long as the requirement to 
actively tend DSBG (as described at paragraph (c)(1) of this section) 
is met. If multiple gear types, including gear other than DSBG, are 
used on the same trip as DSBG, catch must be tagged or marked to 
identify the gear used, including differentiating whether caught with 
SBG or LBG.
    (3) Timing of gear deployment and retrieval. Gear may not be 
deployed until local sunrise and must be onboard the vessel no later 
than 3 hours after local sunset.
    (4) Pre-trip notification. When requested by NMFS, DSBG vessel 
owners or operators are required to notify NMFS or the NMFS-designated 
observer provider at least 48 hours prior to departing on each fishing 
trip during which DSBG will be fished. The vessel owner or operator 
must communicate to the observer provider: the owner's or operator's 
name, contact information, vessel name, port of departure, estimated 
date and time of departure, and a telephone number at which the owner 
or operator may be contacted during the business day (Monday through 
Friday between 8 a.m. to 4:30 p.m., Pacific Time) to indicate whether 
an observer will be required on the subject fishing trip. Contact 
information

[[Page 7673]]

for the current observer provider can be obtained by calling the NMFS 
West Coast Region Sustainable Fisheries Division at (562) 980-4238.
    (5) Protected species workshops. When requested by NMFS, the 
operator of a vessel either registered to a limited entry DSBG permit 
or planning to fish under a DSBG endorsement must attend a workshop 
conducted by NMFS on mitigation, handling, and release techniques for 
protected species.
    (d) Geographic area restrictions. DSBG fishing is permitted 
throughout the Management Area defined in 50 CFR 660.703 with the 
following area restrictions:
    (1) Federal waters offshore of California and Oregon only. Fishing 
with DSBG may not occur in Federal waters north of a line extending 
seaward from the Oregon/Washington border.
    (2) Limited entry-only area. Except for vessels registered to a 
valid DSBG limited entry permit, fishing with DSBG may not occur in 
Federal waters within the Southern California Bight, which for this 
purpose is defined with a northern boundary of 34[deg]26'54.96'' N 
latitude (i.e., Point Conception), a southern boundary of the U.S.-
Mexico maritime border, and a western boundary of 120[deg]28'18'' W 
longitude.
    (3) Linked buoy gear area restriction. Fishing with DSBG in a LBG 
configuration in waters north of the Northern Channel Islands to a line 
extending seaward from the Oregon/Washington border may not occur 
shoreward of a line approximating the 400 meter depth contour, which is 
defined by straight lines connecting all of the following points in the 
order stated in the following table.

                       Table 1 to Paragraph (d)(3)
------------------------------------------------------------------------
                       Latitude                            Longitude
------------------------------------------------------------------------
45.785378............................................        -124.721611
45.731988............................................        -124.755707
45.676058............................................        -124.662448
45.635778............................................        -124.733532
45.627501............................................        -124.621223
45.421342............................................        -124.428881
45.368012............................................        -124.524815
45.219954............................................        -124.426593
45.192831............................................        -124.640233
45.073777............................................        -124.601143
45.122584............................................        -124.728187
45.012240............................................        -124.512643
44.827950............................................        -124.645508
44.789368............................................        -124.722827
44.703649............................................        -124.815421
44.529842............................................        -124.804136
44.507522............................................        -124.883072
44.415352............................................        -124.858176
44.208665............................................        -124.994868
43.942293............................................        -124.974502
43.795680............................................        -124.685260
43.579894............................................        -124.645446
43.232513............................................        -124.799284
43.226291............................................        -124.883682
42.905163............................................        -124.913752
42.753934............................................        -124.866742
42.748993............................................        -124.751655
42.520896............................................        -124.747080
42.463017............................................        -124.822607
41.824611............................................        -124.517470
41.428980............................................        -124.513482
41.156773............................................        -124.396132
40.801184............................................        -124.492790
40.681958............................................        -124.550870
40.602740............................................        -124.480125
40.622580............................................        -124.645995
40.546989............................................        -124.700835
40.400783............................................        -124.585363
40.370014............................................        -124.431174
40.344876............................................        -124.507828
40.269847............................................        -124.446270
40.279429............................................        -124.657027
40.117493............................................        -124.304705
40.041456............................................        -124.285170
40.042494............................................        -124.155198
39.965786............................................        -124.231615
39.808303............................................        -124.097017
39.540607............................................        -123.943484
39.528835............................................        -123.992885
38.911050............................................        -123.982148
38.491136............................................        -123.647679
38.256021............................................        -123.526302
38.228410............................................        -123.438852
38.073446............................................        -123.533062
37.844809............................................        -123.404954
37.623812............................................        -123.050253
37.394689............................................        -122.920853
37.323790............................................        -122.940568
37.189284............................................        -122.863927
36.968232............................................        -122.527184
37.005852............................................        -122.408848
36.945123............................................        -122.425076
36.781748............................................        -122.055455
36.806676............................................        -121.905280
36.680249............................................        -122.025454
36.531101............................................        -121.993385
36.371824............................................        -122.014963
36.315554............................................        -122.101240
36.166525............................................        -121.760807
36.033982............................................        -121.623149
35.584240............................................        -121.366349
35.165706............................................        -121.033163
34.865218............................................        -120.993335
34.929599............................................        -121.074138
34.541665............................................        -120.838291
34.315659............................................        -120.541578
34.268981............................................        -120.379230
46.274388............................................        -124.410349
46.075505............................................        -124.813587
45.968227............................................        -124.739233
34.693224............................................        -120.962686
37.740079............................................        -123.192427
45.169315............................................        -124.502340
45.063305............................................        -124.719824
------------------------------------------------------------------------

0
8. In Sec.  660.716, revise the section heading to read as follows:


Sec.  660.716  Harpoon and surface hook-and-line fisheries [Reserved]

[FR Doc. 2023-01988 Filed 2-3-23; 8:45 am]
BILLING CODE 3510-22-P