[Federal Register Volume 88, Number 88 (Monday, May 8, 2023)]
[Rules and Regulations]
[Pages 29545-29553]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-09748]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 660

[Docket No. 230502-0118]
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: Final rule.

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SUMMARY: This rule implements 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 rule establishes a limited entry 
(LE) permitting regime for use of DSBG in the Southern California Bight 
(SCB). DSBG fishing will 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 will not be permitted in Federal waters off of Washington. This 
final 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: This rule is effective June 7, 2023.

ADDRESSES: Copies of the 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 
Highly Migratory Species Branch Staff, Karter Harmon, 
[email protected], or [email protected].

FOR FURTHER INFORMATION CONTACT: Amber Rhodes, NMFS, (202) 936-6162, 
[email protected], or Karter Harmon, NMFS, (317) 517-7783, 
[email protected].

SUPPLEMENTARY INFORMATION:

I. Background

    On January 9, 2023, NMFS published a notice of availability of 
Amendment 6 to the Fishery Management Plan for West Coast Highly 
Migratory Species Fisheries (HMS FMP), which would authorize fishing 
using deep-set buoy gear (DSBG) in Federal waters offshore of 
California and Oregon (88 FR 1171). A proposed rule with implementing 
regulations was published in the Federal Register on February 6, 2023 
(88 FR 7661). Public comment on the proposed rule closed on March 8, 
2023. Public comment on the Amendment closed on March 10, 2023. On 
April 7th, 2023, NMFS approved the amendment.
    Following on NMFS' approval of Amendment 6, this final rule 
contains the implementing regulations to authorize DSBG consistent with 
the permitting regimes described in the amendment and the management 
measures described in the proposed rule. 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 final rule.
    Following submission of the proposed rule for publication, Congress 
passed, and the President signed, the Driftnet Modernization and 
Bycatch Reduction Act. The law revises the definition of ``large-scale 
driftnet fishing'' to include the drift gillnet (DGN) gear currently 
permitted under the HMS FMP. The law directs the Secretary of Commerce 
to phase out DGN fishing in Federal waters within 5 years of enactment 
and to implement a transition program to facilitate that phase-out that 
includes permitting of alternative fishing practices and issuance of 
grant awards to eligible permit holders.
    The legislated closure of the DGN fishery affects the overall U.S. 
West Coast-based swordfish fishery. As discussed in the proposed rule, 
swordfish supply to the U.S. West Coast is dominated by foreign imports 
and drift gillnet has been the primary commercial gear type used to 
catch swordfish in Federal waters off the West Coast. Though the 
majority of domestic swordfish landings to the West Coast come from the 
Hawaii-based longline fishery, that fishery operates outside of Federal 
waters off the West Coast due to existing restrictions on the use of 
longline gear inside Federal waters. This rule would authorize DSBG as 
an alternative commercial gear type under the FMP. However, the Council 
did not recommend that the drift gillnet fishery be phased-out or 
transitioned to alternative gear types prior to recommending 
authorization of DSBG. Therefore, the supporting analyses examine 
impacts of authorizing DSBG as an additional legal gear type for 
commercially harvesting swordfish from Federal waters off the U.S. West 
Coast; however, NOAA Fisheries does address the potential cumulative 
impacts of this action and the Federal legislation in a final 
Environmental Impact Statement (88 FR 13443, March 3, 2023).
    Additional background information on DSBG, Council processes and 
recommendations, as well as detailed discussion of the regulations were 
provided in the preamble of the proposed rule and are not repeated 
here.
    However, the points of contacts, included in the preamble of the 
proposed rule, for obtaining or addressing concerns with state and 
Federal records are updated as follows:
    (1) NMFS--Karen Palmigiano (562-980-4043 or [email protected]) 
for WCR Observer Program, logbook, and EFP records.
    (2) California--Elizabeth Hellmers (619-871-2231 or 
[email protected]) for California Department of Fish 
and Wildlife (CDFW) license, DGN buyback, and marine landing receipt 
records.

II. Final Regulations

    This final rule authorizes DSBG as a legal gear type under the HMS 
FMP, and enables permitting of an open access fishery in Federal waters 
south of the Oregon-Washington border (46[deg]16' N latitude) outside 
of the SCB, and a LE fishery in the SCB.
    The new regulations in this rule revise the current definition 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 applicable to the rule.
    This rule updates prohibitions listed in Sec.  660.705 to require 
possession of a valid general HMS permit in order to deploy DSBG or 
have DSBG aboard a vessel, along with prohibitions on the use of DSBG 
inside the SCB without possession of a valid LE DSBG permit, 
prohibitions on the use of DSBG north of the Oregon-Washington border 
(46[deg]16' N latitude), and other corresponding prohibitions.

[[Page 29546]]

    This rule adds DSBG permitting procedures in Sec.  660.707. These 
include LE DSBG permit possession, renewal, eligibility, and transferal 
requirements, and procedures related to ranking of LE DSBG applicants 
and issuance of permits to applicants. Applicants will be ranked in a 
one-time process along eight tiers, based on swordfish fishing 
experience as evidenced in state and Federal fisheries data. After the 
initial ranking and issuance of permits to qualifying applicants in 
these eight tiers, permits may be issued to additional qualifying 
applicants on a first-come, first-served basis.
    Finally, this rule amends the section header and adds DSBG gear 
specifications and management measures in Sec.  660.715. Specifications 
on the gear include standards for the buoy array of both standard and 
linked DSBG configurations, weights, hook size, and the number of 
individual pieces of gear used. Management measures include regulations 
on active tending, gear deployment and retrieval timing, use of 
multiple gears on a single trip, species retention, and fishery 
monitoring. Additional regulations include requirements for pre-trip 
notifications, protected species workshops, and a prohibition on linked 
DSBG operations shoreward of a line approximating the 400 meter depth 
contour (see Sec.  660.715(d)(3)).
    The preamble to the proposed rule (88 FR 7661) contains a more 
detailed explanation of the regulatory procedures for DSBG gear 
endorsements, the LE permitting process, gear specifications, 
management measures, and additional regulations. This information is 
not repeated here.

III. Public Comments and Responses

    NMFS received three comments during the 30-day comment period on 
the proposed rule, which closed on March 8, 2023. One comment was from 
a DSBG Exempted Fishing Permit (EFP) fisherman, one was from an 
environmental non-governmental organization, and one was anonymous. All 
commenters were generally supportive of the action, though all raised 
suggestions and concerns with the proposed management measures. These 
issues and NMFS responses are described below.
    Issue #1: A commenter raised a concern that some fishermen may 
cross over the Oregon/Washington border in order to fish in Washington 
State waters where DSBG is not authorized.
    NMFS Response: NMFS included reference to 46[deg]16' North latitude 
in the final regulations as a seaward line from the Oregon/Washington 
border. This addresses the concern about DSBG fishing occurring in 
Washington waters by explicitly defining the line northward of which 
DSBG fishing may not occur.
    Issue #2: A commenter raised a concern that the stipulation that 
DSBG ``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'' could result in fishermen being penalized for fighting a 
fish after the 3-hour cutoff time. Proposed solutions included 
requiring that any deployed gear be ``attached'' to the vessel after 
the 3-hour cutoff time but not necessarily ``retrieved,'' or to mandate 
that the gear must be retrieved unless there is a fish on the line.
    NMFS Response: The requirement to retrieve DSBG gear after local 
sunset is consistent with Council recommendations. During Council 
deliberations, 3 hours was considered as a reasonable amount of 
flexibility for fighting fish after sunset. The large majority of data 
and analysis supporting this action comes from daytime DSBG fishing, 
and the intent of this action is to authorize a daytime fishery. This 
follows from the Council's intent as well as the terms and conditions 
of DSBG EFPs issued to date. NMFS has been issuing separate EFPs for 
testing night-set DSBG for future consideration, and is concerned that 
adjustments to the management measure could be perceived as allowing 
nighttime fishing under this action. DSBG fishing as authorized in this 
final rule is intended as a daytime fishery, and 3 hours after local 
sunset should provide adequate operational flexibility in the event 
that a fish is hooked but not yet landed at sunset. NMFS will continue 
to consider and evaluate information derived from EFPs engaged in 
night-setting.
    Issue #3: A commenter suggested NMFS should consider edits or 
corrections to the Background section of the rule, including a broader 
discussion of swordfish gear types taking into account restrictions on 
longlining and recent legislation impacting the future use of DGN in 
Federal waters off the U.S. West Coast with respect to a reliance on 
imports and the need to balance fishing opportunity with bycatch 
mitigation, a revised description of DSBG from ``a hook and buoy 
system'' to ``a hook and line gear that utilizes a system of buoys,'' a 
different method of calculating average DSBG swordfish catch, and not 
using quotations to describe standard and linked gear configurations.
    NMFS Response: Some discussion of these points is included in the 
Background section of this final rule. In particular, we address the 
passage of the Federal law to sunset the DGN fishery with respect to 
this action and the broader context of the U.S. West Coast swordfish 
fishery. ``Hook and buoy system'' is our preferred terminology for 
describing DSBG in the abstract, in part to avoid confusion with ``hook 
and line gear,'' which is currently defined in Federal regulations. 
Regarding the dataset used to calculate average swordfish catch, this 
calculation is based only on days when DSBG was fished and the average 
presented does not include inactive EFPs. Finally, the use of 
quotations or lack thereof to describe standard and linked 
configurations does not alter the meaning of these terms.
    Issue #4: A commenter pointed out that in the section on vessel 
registration, a definition is provided for a `family member' in the 
event of a one-time allowable transfer. The definition outlined is the 
same as that used for `immediate family member' in the California Labor 
code. The commenter suggested NMFS may want to consider revising for 
consistency.
    NMFS Response: The definition of ``family member'' introduced in 
the regulations includes a detailed description of the specific 
relations who qualify. The provided definition is unambiguous about who 
can or cannot be the recipient of a one-time transfer. Additionally, 
the definition established in the regulations only applies for the 
purposes of change in ownership of limited entry DSBG permits. 
Therefore, we find that no change is needed.
    Issue #5: A commenter suggested NMFS should clarify language around 
its ability to charge fees for permits to ``fully or partially'' cover 
administrative costs (the current language simply says ``to cover 
administrative costs'').
    NMFS Response: We find that the current language is already 
inclusive of fully or partially covering administrative costs through 
the permit fees.
    Issue #6: A commenter stated that NMFS should make it clear that 
participants can fish a combination of standard and linked buoy gear on 
a single trip, and clarify the explanatory language on this point.
    NMFS Response: We agree with the commenters' interpretation that a 
combination of standard and linked buoy gear can be fished so long as 
no more than 10 pieces total are fished. However, NMFS views the 
current regulations as not precluding a combination of standard and 
linked buoy gear, so we find no change to the regulations are needed.

[[Page 29547]]

    Issue #7: A commenter encouraged NMFS to ensure that monitoring 
resources (e.g., observers) are apportioned in accordance with the 
expected impact of various fisheries, and explore the use of electronic 
monitoring for the DSBG fleet.
    NMFS Response: Observer coverage requirements are established under 
the general HMS permit, and this final rule does not create any new or 
additional observer coverage requirements for DSBG vessels. NMFS 
maintains discretion to place observers based on operational needs and 
available resources. Nothing in the regulations precludes testing of 
electronic monitoring aboard DSBG vessels.
    NMFS also received three comments during the 45-day comment period 
on the draft Amendment language, which closed on March 10, 2023. One 
comment was from an albacore fisherman, and two were from environmental 
non-governmental organizations. All comments expressed support for the 
Amendment. One commenter expressed particular support for the open 
access component of the proposed DSBG permitting regime. No commenters 
on the Amendment requested changes to the rule.

IV. Changes From the Proposed Rule

    The regulatory text of this final rule includes minor changes from 
the proposed rule. These changes, which are discussed below, are 
intended to make minor corrections and clarify the regulatory text; 
NMFS does not consider these substantive changes.
    NMFS has elected to change the beginning date of the application 
period for LE DSBG permits from the publication date of the final rule 
to the effective date. In Sec.  660.707(g)(11)(ii), the beginning date 
of the application period is now clarified as the effective date of the 
final rule. Also, in Sec.  660.707(g)(11)(ii), (g)(11)(iii)(C) 
introductory text, and (g)(11)(v), the end date of the application 
period was changed from 60 days after final rule publication in the 
Federal Register to 60 days after the effective date of the final rule. 
This change allows an additional 30 days of preparation and data review 
before the one-time ranking of applicants occurs, and provides the 
fishermen with additional notice of the rule and application process 
before the application period begins. This will also change the date on 
which NMFS will ``freeze'' the databases used to rank LE DSBG permit 
applicants, which we describe in the preamble of the proposed rule. 
NMFS now intends to extract a dataset from NMFS and CDFW databases 60 
days after the effective date of the final rule, and use that dataset 
for the Tier 1-8 qualification for LE DSBG permits. This change is also 
intended to allow sufficient time for stakeholders to access LE permit 
applications following on the effectiveness of record keeping and 
reporting requirements pursuant to the Paperwork Reduction Act.
    NMFS added clarification in the regulatory text that ``a line 
extending seaward of the Oregon/Washington border'' is at 46[deg]16' N 
latitude. NMFS also added clarification to the regulatory text at Sec.  
660.715(b)(1)(ii) regarding gear marking requirements.
    Additionally, the table describing the points used to define a 
generalized boundary for a 400 meter depth contour in Sec.  660.715(d), 
shoreward of which fishing with linked buoy gear (LBG) is prohibited, 
has been updated with a column to denote the sequence of points. Some 
of the points were listed out of sequence in the proposed rule and have 
been corrected in this final rule. Shapefiles will be made available on 
the NMFS website at: https://www.fisheries.noaa.gov/action/regulations-authorize-deep-set-buoy-gear-under-fishery-management-plan-us-west-coast. NMFS also added clarification in the regulatory text that the 
southern boundary of the 400 meter depth contour is a line extending 
seaward at 34[deg]16'8.331'' N latitude.

V. Classification

    Pursuant to section 304(b)(1)(A) of the Magnuson-Stevens Fishery 
Conservation and Management Act (MSA), the NMFS Assistant Administrator 
has determined that this final 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 considered the data, views, and 
comments received during the public comment period on the proposed 
rule.
    NMFS prepared a Final Environmental Impact Statement (FEIS) for 
this action, which addresses the requirements of the National 
Environmental Policy Act. The FEIS, which describes the full suite of 
alternatives analyzed by the Council and NMFS, can be found on the NMFS 
website at: https://www.fisheries.noaa.gov/bulletin/final-eis-available-public-review-proposed-amendment-6-fishery-management-plan-west.
    This 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 during the proposed rule stage that, for purposes of the 
Regulatory Flexibility Act, this action would not have a significant 
economic impact on a substantial number of small entities. The factual 
basis for the certification was published in the proposed rule and is 
not repeated here. No information received during the public comment 
period on the proposed rule changes the action from the proposed rule, 
nor does it change NMFS' analysis of the action described in the 
proposed rule. Therefore, the initial certification published with the 
proposed rule--that this rule is not expected to have a significant 
economic impact on a substantial number of small entities--remains 
unchanged. As a result, a regulatory flexibility analysis was not 
required and none was prepared.
    This final rule contains a collection-of-information requirement 
subject to review and approval by the Office of Management and Budget 
(OMB) under the Paperwork Reduction Act (PRA). This final rule revises 
the existing requirements for three collections of information 
associated with the following OMB Control Numbers: (1) 0648-0204, (2) 
0648-0223, and (3) 0648-0498. Collection of information 0648-0204 is 
being revised to include the addition of a DSBG endorsement to the Open 
Access HMS Permit, as well the addition of a separate and entirely new 
LE DSBG permit for the commercial fishery, which will increase the 
number of respondents for this collection. Public reporting burden for 
the Open Access HMS permit is not anticipated to increase. 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. 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. Public 
reporting burden for pre-trip notifications is estimated to average 5 
minutes per respondent. The estimated

[[Page 29548]]

total number of respondents for this collection is 95; the estimated 
total annual burden hours are 191 hours; and the estimated total annual 
cost to the public for recordkeeping and reporting costs is $105,808.
    Notwithstanding any other provision of the law, no person is 
required to respond to, nor shall any person be subject to a penalty 
for failure to comply with, a collection of information subject to the 
requirements of the PRA, unless that collection of information displays 
a currently valid OMB Control Number.

List of Subjects in 50 CFR Part 660

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

    Dated: May 2, 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 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:
0
a. Add the definition for ``Change in ownership'' in alphabetical 
order;
0
b. Revise the definitions for ``Commercial fishing'' and ``Commercial 
fishing gear''; and
0
c. Add the definitions for ``Family member'', ``Force majeure'', 
``Initial administrative determination (IAD)'', ``Ownership interest'', 
and ``Totally lost'' in alphabetical order.
    The additions and revisions 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) will 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 at 46[deg]16' N latitude.
    (aaa) Own or operate a vessel used to fish with DSBG in the 
Southern California Bight (as defined at

[[Page 29549]]

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 
between a line extending seaward at 34[deg]16'8.331'' N latitude and a 
line extending seaward from the Oregon/Washington border at 46[deg]16' 
N latitude.

0
4. In Sec.  660.707, revise paragraph (b)(3)(i) and add paragraph (g) 
to read as follows:


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 paragraph (g) applies to persons (as defined at Sec.  660.702) 
owning a limited entry permit to fish with DSBG (as defined at Sec.  
660.702) 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 1 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 (3 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

[[Page 29550]]

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 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)(C)(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, beginning on June 7, 2023. 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 August 7, 2023. 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

[[Page 29551]]

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.
    (iii) Eligibility criteria for Tiers 1 through 8. To qualify for a 
permit under Tiers 1 through 8, as defined at paragraphs 
(g)(11)(iii)(C)(1) through (8) of this section, 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; and
    (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 August 7, 2023. Permits will be issued by ranking 
applicants according to the tiered criteria in paragraphs 
(g)(11)(iii)(C)(1) through (8) of this section, 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 June 7, 2023, 
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 June 7, 2023, 
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; 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.
    (iv) Agency determination on an application. Based on a complete 
application for an initial permit under Tiers 1 through 8, as defined 
at paragraphs (g)(11)(iii)(C)(1) through (8) of this section, 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 through 5, 
according to California Department of Fish and Wildlife (CDFW) marine 
landing receipts as of August 7, 2023, or by the date and time their 
application is received for Tiers 6 through 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

[[Page 29552]]

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 through 8, as defined 
at paragraphs (g)(11)(iii)(C)(1) through (8) of this section, is 
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; and
    (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. Revise Sec.  660.715 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 (15.24-meter) 
extender) to a weight; then horizontally to a second weight; then 
vertically to a minimum 50-foot (15.24-meter) 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 (20.41 kilogram) buoyancy 
non-compressible hard ball, a minimum 6-pound (2.72 kilogram) buoyancy 
buoy, and a strike detection buoy), with no more than 6 feet (1.83 
meters) of line between adjacent buoys, all connected in-line by a 
minimum of \3/8\ inch (9.53 millimeter) 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 the buoy must be marked with a number clearly 
identifying the owner or operator of the vessel. The number may be 
either:
    (A) If required by applicable state law, the vessel's number, the 
commercial fishing license number, or buoy brand number; or
    (B) The vessel documentation number issued by the United States 
Coast Guard (USCG), or, for an undocumented vessel, the vessel 
registration number issued by the state.
    (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 10 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 (9.26 kilometers) of the vessel at all times, and the 
vessel may be no more than 3 nautical miles (5.56 kilometers) 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

[[Page 29553]]

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 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 Sec.  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 at north of 46[deg]16' N 
latitude.
    (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 at 46[deg]16' N 
latitude 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)
------------------------------------------------------------------------
           Point ID                  Latitude            Longitude
------------------------------------------------------------------------
1.............................  46.274388          -124.410349
2.............................  46.075505          -124.813587
3.............................  45.968227          -124.739233
4.............................  45.785378          -124.721611
5.............................  45.731988          -124.755707
6.............................  45.676058          -124.662448
7.............................  45.635778          -124.733532
8.............................  45.627501          -124.621223
9.............................  45.421342          -124.428881
10............................  45.368012          -124.524815
11............................  45.219954          -124.426593
12............................  45.169315          -124.502340
13............................  45.192831          -124.640233
14............................  45.073777          -124.601143
15............................  45.122584          -124.728187
16............................  45.063305          -124.719824
17............................  45.012240          -124.512643
18............................  44.827950          -124.645508
19............................  44.789368          -124.722827
20............................  44.703649          -124.815421
21............................  44.529842          -124.804136
22............................  44.507522          -124.883072
23............................  44.415352          -124.858176
24............................  44.208665          -124.994868
25............................  43.942293          -124.974502
26............................  43.795680          -124.685260
27............................  43.579894          -124.645446
28............................  43.232513          -124.799284
29............................  43.226291          -124.883682
30............................  42.905163          -124.913752
31............................  42.753934          -124.866742
32............................  42.748993          -124.751655
33............................  42.520896          -124.747080
34............................  42.463017          -124.822607
35............................  41.824611          -124.517470
36............................  41.428980          -124.513482
37............................  41.156773          -124.396132
38............................  40.801184          -124.492790
39............................  40.681958          -124.550870
40............................  40.602740          -124.480125
41............................  40.622580          -124.645995
42............................  40.546989          -124.700835
43............................  40.400783          -124.585363
44............................  40.370014          -124.431174
45............................  40.344876          -124.507828
46............................  40.269847          -124.446270
47............................  40.279429          -124.657027
48............................  40.117493          -124.304705
49............................  40.041456          -124.285170
50............................  40.042494          -124.155198
51............................  39.965786          -124.231615
52............................  39.808303          -124.097017
53............................  39.540607          -123.943484
54............................  39.528835          -123.992885
55............................  38.911050          -123.982148
56............................  38.491136          -123.647679
57............................  38.256021          -123.526302
58............................  38.228410          -123.438852
59............................  38.073446          -123.533062
60............................  37.844809          -123.404954
61............................  37.740079          -123.192427
62............................  37.623812          -123.050253
63............................  37.394689          -122.920853
64............................  37.323790          -122.940568
65............................  37.189284          -122.863927
66............................  36.968232          -122.527184
67............................  37.005852          -122.408848
68............................  36.945123          -122.425076
69............................  36.781748          -122.055455
70............................  36.806676          -121.905280
71............................  36.680249          -122.025454
72............................  36.531101          -121.993385
73............................  36.371824          -122.014963
74............................  36.315554          -122.101240
75............................  36.166525          -121.760807
76............................  36.033982          -121.623149
77............................  35.584240          -121.366349
78............................  35.165706          -121.033163
79............................  34.865218          -120.993335
80............................  34.929599          -121.074138
81............................  34.693224          -120.962686
82............................  34.541665          -120.838291
83............................  34.315659          -120.541578
84............................  34.268981          -120.379230
------------------------------------------------------------------------

Sec.  660.716  [Removed and Reserved]

0
8. Remove and reserve Sec.  660.716.

[FR Doc. 2023-09748 Filed 5-5-23; 8:45 am]
BILLING CODE 3510-22-P