[Federal Register Volume 89, Number 168 (Thursday, August 29, 2024)]
[Proposed Rules]
[Pages 70406-70448]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-17651]
[[Page 70405]]
Vol. 89
Thursday,
No. 168
August 29, 2024
Part VI
Department of Commerce
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National Oceanic and Atmospheric Administration
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50 CFR Part 660
Magnuson-Stevens Act Provisions; Fisheries Off West Coast States;
Pacific Coast Groundfish Fishery; Pacific Coast Groundfish Fishery
Management Plan; Amendment 33; 2025-26 Biennial Specifications and
Management Measures; Proposed Rule
Federal Register / Vol. 89 , No. 168 / Thursday, August 29, 2024 /
Proposed Rules
[[Page 70406]]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 660
[Docket No. 240802-0211]
RIN 0648-BN08
Magnuson-Stevens Act Provisions; Fisheries Off West Coast States;
Pacific Coast Groundfish Fishery; Pacific Coast Groundfish Fishery
Management Plan; Amendment 33; 2025-26 Biennial Specifications and
Management Measures
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Proposed rule; availability of a draft environmental
assessment; request for comments.
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SUMMARY: This proposed rule would establish the 2025-26 harvest
specifications for groundfish caught in the U.S. exclusive economic
zone (EEZ) seaward of Washington, Oregon, and California, consistent
with the Magnuson-Stevens Fishery Conservation and Management Act
(Magnuson-Stevens Act or MSA) and the Pacific Coast Groundfish Fishery
Management Plan (PCGFMP). This proposed rule would also revise
management measures intended to keep the total annual catch of each
groundfish stock or stock complex within the annual catch limits. These
proposed measures are intended to help prevent overfishing, rebuild
overfished stocks, achieve optimum yield, and ensure that management
measures are based on the best scientific information available. This
proposed rule would also make minor corrections (e.g. correcting
grammar, removing outdated regulations, revisions for clarity) to the
regulations. Additionally, this proposed rule announces the receipt of
exempted fishing permit (EFP) applications. NMFS has made a preliminary
determination that these applications warrant further consideration and
is requesting public comment on these applications. This proposed rule
also would implement amendment 33 to the PCGFMP, which would establish
a rebuilding plan for California quillback rockfish and revise the
allocation framework for shortspine thornyhead. In accordance with the
National Environmental Policy Act (NEPA) of 1969, as amended, NMFS also
announces the availability of a draft Environmental Assessment (EA)
that analyzes the potential effects of the associated proposed rule.
DATES: Comments must be received no later than September 30, 2024.
ADDRESSES: Submit your comments on the proposed rule, draft EA, and EFP
applications, identified by NOAA-NMFS-2024-0065, by the following
method:
Electronic Submissions: Submit all electronic public
comments via the Federal e-Rulemaking Portal. Go to www.regulations.gov
and enter NOAA-NMFS-2024-0065 in the Search box. Click the ``Comment''
icon, complete the required fields, and enter or attach your comments.
The EFP applications will be available under Supporting Documents
through the same link.
Instructions: Comments must be submitted by the above method to
ensure that the comments are received, documented, and considered by
NMFS. 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. All comments received are a part of the public record and
NMFS will post them 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 is publicly accessible.
NMFS will accept anonymous comments (enter ``N/A'' in the required
fields if you wish to remain anonymous). Please specify whether the
comments provided are associated with the proposed rule, draft EA, or
EFP applications.
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 (PRA) by email to [email protected] and to
[email protected] or fax to (202) 395-7285.
Electronic Access
This rulemaking is accessible via the internet at the Office of the
Federal Register website at https://www.federalregister.gov/. The draft
Analysis, which includes an EA that addresses the NEPA, as well
analyses that address Presidential Executive Order 12866, the
Regulatory Flexibility Act (RFA), and the statutory requirements of the
Magnuson-Stevens Act is accessible via the internet at the NMFS West
Coast Region website at https://www.fisheries.noaa.gov/region/west-coast and the Pacific Fishery Management Council's (Council) website at
http://www.pcouncil.org. The final 2024 Stock Assessment and Fishery
Evaluation (SAFE) report for Pacific Coast groundfish, as well as the
SAFE reports for previous years, are available from the Council's
website at http://www.pcouncil.org.
FOR FURTHER INFORMATION CONTACT: Lynn Massey, Fishery Management
Specialist, at 562-900-2060 or [email protected].
SUPPLEMENTARY INFORMATION:
I. Background
The Pacific Coast groundfish fishery in the U.S. EEZ seaward of
Washington, Oregon, and California is managed under the PCGFMP. The
Council developed the PCGFMP pursuant to the MSA (16 U.S.C. 1801 et
seq.). The Secretary of Commerce approved the PCGFMP and implemented
the provisions of the plan through Federal regulations at 50 CFR part
660, subparts C through G. The PCGFMP manages more than 90 species of
roundfish, flatfish, rockfish, sharks, and skates.
Chapter 5 of the PCGFMP requires the Council to assess the
biological, social, and economic conditions of the Pacific Coast
groundfish fishery and use this information to develop harvest
specifications and management measures at least biennially. This
proposed rule is based on the Council's final recommendations for
harvest specifications and management measures for the 2025-26 biennium
made at its April and June 2024 meetings.
The Council deemed the proposed regulations necessary and
appropriate to implement these actions in a July 29, 2024, letter from
Council Executive Director, Merrick Burden, to Regional Administrator
Jennifer Quan. Under the MSA, NMFS is required to publish proposed
rules for comment after preliminarily determining whether they are
consistent with applicable law. We are seeking comment on the proposed
regulations in this action and whether they are consistent with the
PCGFMP, the MSA and its National Standards, and other applicable law.
NMFS published a Notice of Availability (NOA) to announce the
proposed amendment 33 to the PCGFMP (referred to interchangeably as
``the amendment'') on August 2, 2024 (89 FR 63153). The NOA requests
public review and comment on proposed changes to the Council fishery
management plan document (89 FR 63153; August 2, 2024). Public comments
are being solicited on the amendment through October 1, 2024,
[[Page 70407]]
the end of the comment period for the NOA. Public comments on the
proposed rule must be received by the end of the comment period on the
amendment, as published in the NOA, to be considered in the approval/
disapproval decision on the amendment. All comments received by the end
of the comment period on the amendment, whether specifically directed
to the amendment, or the proposed rule, will be considered in the
approval/disapproval decision. Comments received after that date will
not be considered in the approval/disapproval decision on the
amendment. To be considered, comments must be received by close of
business on the last day of the comment period; that does not mean
postmarked or otherwise transmitted by that date.
A. Specification and Management Measure Development Process
In 2023, the Northwest Fisheries Science Center (NWFSC) conducted
full stock assessments for black rockfish (all areas), copper rockfish
(California areas), petrale sole, and canary rockfish. The NWFSC
conducted length-based data moderate assessments for shortspine
thornyhead and rex sole. Additionally, the NWFSC conducted catch-only
assessment updates for widow rockfish and yelloweye rockfish, a limited
update assessment for sablefish, and catch-only projections for
chilipepper rockfish and yellowtail rockfish north of 40[deg]10' north
latitude (N lat.). The NWFSC did not update assessments for the
remaining stocks, so harvest specifications for these stocks are based
on assessments from previous years. The full stock assessments used to
set catch limits for this biennium are available on the Council's
website at https://www.pcouncil.org/.
The Council's stock assessment review panel (STAR panel) reviewed
the stock assessments, including assessments on stocks for which some
biological indicators are available, as described below, for technical
merit, and to determine that each stock assessment document was
sufficiently complete. Finally, the Council's Scientific and
Statistical Committee (SSC) reviewed the stock assessments and STAR
panel reports and made its recommendations to the Council (Agenda Item
G.2, September 2023 Council Meeting; Agenda Item E.2, November 2023
Council Meeting).
The Council considered the new stock assessments, stock assessment
updates, catch-only updates, public comment, recommendations from the
SSC, and advice from its advisory bodies over the course of six Council
meetings during development of its recommendations for the 2025-26
harvest specifications and management measures. At each Council meeting
between June 2023 and June 2024, the Council made a series of decisions
and recommendations that were, in some cases, refined after further
analysis and discussion. Agenda Item H.7, Attachment 1, June 2023
describes the Council's meeting schedule for developing the 2025-26
biennial harvest specifications. Additionally, detailed information,
including the supporting documentation the Council considered at each
meeting, is available at the Council's website at www.pcouncil.org.
The 2025-26 biennial management cycle is the fifth cycle following
PCGFMP amendment 24 (80 FR 12567, March 10, 2015), which established
default harvest control rules and was analyzed through an Environmental
Impact Statement (EIS) (Final Environmental Impact Statement for
Pacific Coast Groundfish Harvest Specifications and Management Measures
for 2015-2016 and Biennial Periods Thereafter, and amendment 24 to the
PCGFMP, published January 2015). The EIS described the ongoing
implementation of the PCGFMP and the default harvest control rules.
Under amendment 24, the default harvest control rules used to determine
the previous biennium's harvest specifications (i.e., overfishing
limits (OFLs), acceptable biological catches (ABCs), and annual catch
limits (ACLs)) are applied automatically to the best scientific
information available to determine the future biennium's harvest
specifications. NMFS implements harvest specifications based on the
default harvest control rules used in the previous biennium unless the
Council makes a recommendation to deviate from the default. Therefore,
this rulemaking would implement the default harvest control rules,
consistent with the last biennium (i.e., 2023-24), for most stocks, and
discusses Council-recommended departures from the defaults. The draft
EA supporting this action identifies the preferred harvest control
rules, management measures, and other management changes that were not
described in the 2015 EIS and will be posted on the NMFS West Coast
Region web page (see Electronic Access).
Information regarding the OFLs, ABCs, and ACLs proposed for
groundfish stocks and stock complexes in 2025-26 is presented below,
followed by a discussion of the proposed management measures for
commercial and recreational groundfish fisheries.
II. Proposed Harvest Specifications
This proposed rule would set 2025-26 harvest specifications and
management measures for the 90+ groundfish stocks or management units
which currently have ACLs or ACL contributions to stock complexes
managed under the PCGFMP, except for Pacific whiting. Pacific whiting
harvest specifications are established annually through a separate
bilateral process with Canada.
The proposed OFLs, ABCs, and ACLs are based on the best available
biological and socioeconomic data, including projected biomass trends,
information on assumed distribution of stock biomass, and revised
technical methods used to calculate stock biomass. The PCGFMP specifies
a series of three stock categories for the purpose of setting maximum
sustainable yield (MSY),\1\ OFLs, ABCs, ACLs, and rebuilding standards.
Category 1 represents the highest level of information quality
available, while Category 3 represents the lowest. Category 1 stocks
are the relatively few stocks for which the NWFSC can conduct a ``data
rich'' quantitative stock assessment that incorporates catch-at-age,
catch-at-length, or other data. The SSC can generally calculate OFLs
and overfished/rebuilding thresholds for these stocks, as well as ABCs,
based on the uncertainty of the biomass estimated within an assessment
or the variance in biomass estimates between assessments for all stocks
in this category. The set of Category 2 stocks includes a large number
of stocks for which some biological indicators are available, yet
status is based on a ``data moderate'' quantitative stock assessment.
The Category 3 stocks include minor stocks which are caught, but for
which there is, at best, only information on landed biomass. For stocks
in this category, there is limited data available for the SSC to
quantitatively determine MSY, OFL, or an overfished threshold.
Typically, catch-based methods (e.g., depletion-based stock reduction
analysis, depletion corrected average catch, and average catches) are
used to determine the OFL for Category 3 stocks. A detailed description
of each of these categories can be found in Section 4.2 of the PCGFMP.
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\1\ MSY is the largest long-term average catch that can be taken
from a fish stock under prevailing environmental and fishery
conditions.
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A. Proposed OFLs for 2025 and 2026
The OFL serves as the maximum amount of fish that can be caught in
a year without resulting in overfishing. Overfishing occurs when a
stock's harvest rate, denoted as Fx, is set
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higher than the rate that produces the stock's MSY. The SSC derives
OFLs for groundfish stocks with stock assessments by applying the
harvest rate to the current estimated biomass (B). Harvest rates
represent the rates of fishing mortality (F) that will reduce the
female spawning potential ratio (SPR) to X percent of its unfished
level. The PCGFMP defines SPR as the average fecundity of a recruit
over its lifetime when the stock is fished divided by the average
fecundity of a recruit over its lifetime when the stock is unfished.
The SPR is based on the principle that a certain biomass of fish has to
survive in order to spawn and replenish the stock at a sustainable
level. As an example, a harvest rate of F40 means
the harvest rate that would fish 60 percent of the population, thereby
reducing the stock to 40 percent of its unfished level.
F40 is more aggressive than F45
or F50 harvest rates because F40
allows more fishing mortality on a stock (as it allows a harvest rate
that would reduce the stock to 40 percent of its unfished level, while
F45 or F50 would reduce the stock
to 45 percent and 50 percent of its unfished level). The OFL does not
account for scientific or management uncertainty; therefore, the SSC
typically recommends an ABC that is lower than the OFL in order to
account for this uncertainty. Usually, the greater the amount of
scientific uncertainty, the lower the ABC is set compared to the OFL.
For 2025-26, the Council maintained its policy of using a default
harvest rate as a proxy for the fishing mortality rate that is expected
to achieve MSY (FMSY). The Council also maintained the same
default harvest rate proxies as used in the 2023-24 biennium, based on
the SSC's recommendations: F30 for flatfish (meaning
an SPR harvest rate that would reduce the stock to 30 percent of its
unfished level), F50 for rockfish (including
longspine and shortspine thornyheads), F50 for
elasmobranchs, and F45 for other groundfish such as
sablefish and lingcod. For unassessed stocks, the Council recommended
using a historical catch-based approach (e.g., average catch,
depletion-corrected average catch, or depletion-based stock reduction
analysis) to set the OFL. See Tables 1a and 2a to Part 660, subpart C
in the proposed regulatory text supporting this rulemaking for the
proposed 2025-26 OFLs. The SAFE document for 2024 includes a detailed
description of the scientific basis for all of the SSC-recommended OFLs
proposed in this rulemaking and is available at the Council's website
at www.pcouncil.org.
B. Proposed ABCs for 2025 and 2026
The ABC is the stock or stock complex's OFL reduced by an amount
associated with scientific uncertainty. The SSC-recommended P star
(P*)-sigma ([sigma]) approach determines the amount by which the OFL is
reduced to account for this uncertainty. Under this approach, the SSC
recommends a [sigma] value. The [sigma] value is generally based on the
scientific uncertainty in the biomass estimates generated from stock
assessments and is usually related to the stock category. After the SSC
determines the appropriate [sigma] value, the Council chooses a P*
based on its chosen level of risk aversion to address the consequences
of the stock being elsewhere within the uncertainty represented by
[sigma]. A P* of 0.5 equates to no additional reduction beyond the
[sigma] value reduction. The PCGFMP specifies that the upper limit of
P* will be 0.45, thus always ensuring at least some additional
reduction beyond the [sigma] value reduction. The P*- [sigma] approach
is discussed in detail in the proposed and final rules for the 2011-12
biennial harvest specifications and management measures (75 FR 67810,
November 3, 2010; 76 FR 27508, May 11, 2011) and the 2013-14 biennial
harvest specifications and management measures (77 FR 67974, November
12, 2012; 78 FR 580, January 3, 2013).
The SSC quantified major sources of scientific uncertainty in the
estimates of OFLs and generally recommended a [sigma] value of 0.5 for
Category 1 stocks, a [sigma] value of 1.0 for Category 2 stocks, and a
[sigma] value of 2.0 for Category 3 stocks. For Category 2 and 3
stocks, there is greater scientific uncertainty in the OFL estimate
because the assessments for these stocks are informed by less data than
the assessments for Category 1 stocks. Therefore, the scientific
uncertainty buffer is generally greater than that recommended for
stocks with data-rich stock assessments. Assuming the same P* is
applied, a larger [sigma] value results in a larger reduction from the
OFL. For 2025-26, the ABC recommendations are consistent with the
general policy of using the SSC-recommended [sigma] values for each
stock category.
For 2025-26, the Council maintained the P* policies it established
for the previous biennium for most stocks. The Council recommended
using P* values of 0.45 for all individually managed Category 1 stocks,
except yelloweye rockfish. Combining the Category 1 [sigma] value of
0.5 with the P* value of 0.45 results in a reduction of 6.1 percent
from the OFL when deriving the ABC. For Category 2 stocks, the
Council's general policy was to apply a P* of 0.40, with a few
exceptions. The Council recommended applying a P* of 0.45 for big
skate, English sole, lingcod south of 40[deg]10' N lat., lingcod north
of 40[deg]10' N lat., longnose skate, Pacific ocean perch, shortspine
thornyhead, blue rockfish in the Oregon blue/deacon/black rockfish
complex, and all Category 2 stocks in the Nearshore rockfish complexes,
Shelf rockfish complexes, and Slope rockfish complexes. When combined
with the [sigma] values of 1.0 for Category 2, a P* value of 0.45
corresponds to an 11.8 percent reduction from the OFL and a P* value of
0.40 corresponds to a 22.4 percent reduction. For Category 3 stocks,
the Council's general policy was to apply a P* value of 0.45, except
the Council recommended a P* value of 0.40 for cowcod between
40[deg]10' N lat. and 34[deg]27' N lat., Pacific cod, starry flounder,
and all stocks in the Other Flatfish complex except rex sole, which was
upgraded to a Category 2 stock with a P* of 0.45. When combined with
the [sigma] values of 2.0 for Category 3, a P* value of 0.45
corresponds to 22.2 percent reduction from the OFL and a P* value of
0.40 corresponds to a 39.8 percent reduction. See tables 8 and 9 of
Agenda Item F.6 Attachment 2 from the June 2024 Council meeting
(hereafter interchangeably referred to as the Council Analytical
Document) for the full description of [sigma] and P* values by stock
(see tables 1a and 2a to Part 660, Subpart C in the proposed regulatory
text of this proposed rule for the proposed 2025-26 ABCs).
C. Proposed ACLs for 2025 and 2026
The Council recommends ACLs for each groundfish stock or management
unit in the PCGFMP. To determine the ACL for each stock, the Council
will determine the best estimate of current stock abundance and its
relation to the precautionary and overfished/rebuilding thresholds.
Under the PCGFMP, the biomass level that produces MSY, or
BMSY, is defined as the precautionary threshold. When the
biomass for an assessed Category 1 or 2 stock falls below
BMSY, the ACL is set below the ABC using a harvest rate
reduction to help the stock return to the BMSY level, which
is the management target for groundfish stocks. If a stock biomass is
larger than BMSY, the ACL may be set equal to the ABC, or
the ACL may be set below the ABC to address conservation objectives,
socioeconomic concerns, management uncertainty, or other factors
necessary to meet management objectives. The overfished/rebuilding
threshold is 25 percent of the estimated
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unfished biomass level for non-flatfish stocks or 50 percent of
BMSY, if known. The overfishing/rebuilding threshold for
flatfish stocks is 12.5 percent of the estimated unfished biomass
level. When a stock is below BMSY (i.e., the precautionary
threshold) but above the overfishing/rebuilding threshold, it is
considered to be in the precautionary zone.
Under PCGFMP amendment 24, the Council set up default harvest
control rules, which established default policies that would be applied
to the best available scientific information to set ACLs each biennial
cycle, unless the Council has reasons to diverge from that harvest
control rule. A complete description of the default harvest control
rules for setting ACLs is described in the proposed and final rule for
the 2015-16 harvest specifications and management measures (80 FR 687,
January 6, 2015) and PCGFMP amendment 24 (80 FR 12567, March 10, 2015).
The PCGFMP defines the 40-10 harvest control rule for stocks with a
BMSY proxy of B40 that are in the
precautionary zone as the standard reduction. The analogous harvest
control rule with the standard reduction for assessed flatfish stocks
is the 25-5 harvest control rule for flatfish stocks with a
BMSY proxy of B25. The further the stock
biomass is below the precautionary threshold, the greater the reduction
in ACL relative to the ABC. If B10 for a stock with
a BMSY proxy of B40 is reached, or if
B5 for a stock with a BMSY proxy of
B25 is reached, then ACL would be set at zero.
Under the PCGFMP, harvest control rules are typically applied at
the component species level for stock complexes to calculate ACLs.
Resulting contribution values of each component species, or ACL
contributions, are summed to equal the stock complex ACLs. For example,
the ACL contribution of black rockfish off of Oregon contributes to the
overall ACL for the Oregon black/deacon/blue rockfish stock complex.
Under the PCGFMP, the Council may recommend setting the ACL at a
different level than what the default harvest control rules specify as
long as the ACL does not exceed the ABC and complies with the
requirements of the MSA (see the Analysis for information on the MSA).
For most of the stocks and stock complexes managed with harvest
specifications for 2025-26, the Council chose to maintain the default
harvest control rules from the previous biennial cycle. Table 1
presents a summary of the proposed changes to default harvest control
rules for certain stocks for 2025-26. Each of these changes is
discussed further below.
Table 1--Proposed Changes to Harvest Control Rules for the 2025-26
Biennium
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Alternative
Stock Default harvest harvest control
control rule \a\ rule \a\
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Rex Sole........................ ACL = ABC (P* ACL = ABC (P*
0.40). 0.45)
Shortspine thornyhead \b\....... ACL < ABC (P* ACL < ABC (P*
0.40). 0.45), 40-10 HRC
applied
Dover sole...................... ACL = 50,000 mt... ACL = ABC (P*
0.45)
Quillback Rockfish off ACL contribution < ABC Rule \d\ (ACL
California. ABC (SPR 0.55; P* = ABC; P* 0.45)
0.45) \c\.
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\a\ The Default Harvest Control Rules were used to set the ACLs in 2023
and 2024. The Alternative Harvest Controls rules are the proposed
changes for setting the ACLs in 2025 and 2026.
\b\ The 40-10 adjustment applies where a precautionary reduction is
warranted, per the PCGFMP at section 4.6.1. The 40-10 adjustment
reduces the harvest rate to help the stock return to the maximum
sustainable yield level.
\c\ In 2023-24, the harvest control rule (ACL contribution < ABC, SPR
0.55; P* 0.45) specified an ACL contribution because quillback
rockfish was still part of the Nearshore rockfish complex. For 2025-
26, California quillback rockfish is proposed to be taken out of the
Nearshore complex and managed pursuant to a stock-specific ACL.
\d\ The Council recommended the ABC Rule as the alternative harvest
control rule based on a range of harvest strategies analyzed in the
California Quillback Rockfish Rebuilding Plan new management measure,
which is described in section III, P of this preamble.
Rex Sole
Rex sole is a Category 2 stock, managed as part of the Other
Flatfish complex, with a default harvest control rule of ACL=ABC (P*
0.40). Rex sole is primarily caught in the bottom trawl fishery. In
2023, the NWFSC conducted a length-based data-moderate assessment
(Agenda Item G.2 Attachment 3, September 2023), which estimates the
stock is at 76.1 percent of unfished spawning output in 2023. This
value is above the 25 percent management target level, indicating the
stock is healthy. Therefore, the Council considered an alternative
harvest control rule of ACL=ABC (P* 0.45). The application of a P* 0.45
means that a smaller fraction is used to reduce the OFL and to derive
an ABC (beyond the reduction from [sigma]), the result of which would
yield higher ACLs in 2025-26 than under the default P* 0.40. As
presented in the stock assessment and explained in the Council
Analytical Document (Agenda Item F.6 Attachment 2 June 2024), the stock
is not expected to fall below the 25 percent management target level
during the 10-year catch projection period under either harvest control
rule, even with the projected attainment of the full ACL, which is
unlikely to occur based on recent mortality trends. ACL attainment from
2020-2022 was approximately 9 percent of the potential 2025 ACL under
P* 0.45. Therefore, the Council recommended, and NMFS is proposing, an
alternative harvest control rule of ACL=ABC (P* 0.45). This will
provide the trawl industry the most flexibility in light of other
expected constraints in 2025-26.
Shortspine Thornyhead
Shortspine thornyhead is a Category 2 stock with a default harvest
control rule that includes the application of P* 0.40 to the coastwide
ABC, which is then split into two area-based ACLs north and south of
34[deg] 27' N lat. The ACLs are set according to the 5-year rolling
average biomass estimated from the NWFSC's West Coast Groundfish Bottom
Trawl (WCGBT), which for the 2025-26 biennium would yield a north and
south split of 70.6 percent and 29.4 percent, respectively. In 2023,
the NWFSC conducted a length-based data-moderate assessment (Agenda
Item G.2 Attachment 4, September 2023), which indicates the stock is at
39.4 percent of unfished spawning output in 2023. This value is
slightly below the 40 percent target management level, which indicates
the stock is in the precautionary zone; thus, the 40-10 reduction from
the ABC to derive the ACL automatically applies when setting ACLs for
2025-26 as a precautionary management approach. Due to the decrease in
biomass, the Council anticipates that shortspine thornyhead will become
a constraining species even under the highest P* for both the trawl and
non-trawl sectors, as catch projections for 2023 and 2024 are
[[Page 70410]]
similar to those ACLs that would result from a P* of 0.45.
Additionally, due to anticipated increases in sablefish ACLs over the
next few years, the trawl fleet that targets Dover sole, thornyheads,
and sablefish (DTS) may expand effort, hence full attainment of
shortspine thornyhead is a reasonable expectation. Therefore, the
Council considered an alternative harvest control rule (ACL < ABC P*
0.45, 40-10 harvest control rule applied) to yield higher ACLs in 2025-
26. As summarized in the Analysis and the Council Analytical Document
(Agenda Item F.6 Attachment 2 June 2024), catch projections under a P*
of 0.45 are still anticipated to remain within the ACLs and prevent
overfishing. Therefore, NMFS is proposing, in alignment with the
Council's recommendation, an alternative harvest control rule (i.e.,
ACL < ABC P* 0.45, 40-10 harvest control rule applied). This will
minimize adverse impacts to industry while still preventing overfishing
of the stock. In addition to a change from the default P*, the Council
recommended a new management measure that would remove the management
line at 34[deg] 27' N lat. and set a coastwide ACL for the stock. This
measure is described below under section III, L of this preamble.
Dover Sole
Dover sole is a Category 1 stock with a default harvest control
rule of ACL = 50,000 metric tons (mt). However, in 2025-26, setting the
ACL at 50,000 mt would violate the MSA, as the ACL would exceed the
ABC. Therefore, the Council considered an alternative harvest control
rule of P* 0.45 with the ACL set equal to the ABC. As explained in the
Analysis and the Council Analytical Document (Agenda Item F.6
Attachment 2 June 2024), actual removals are likely to remain well
below the ABC/ACL under this alternative, making the risk of
overfishing low. Therefore, NMFS is proposing, in alignment with the
Council's recommendation, an alternative harvest control rule (i.e.,
ACL=ABC, P* 0.45).
California Quillback Rockfish
California quillback rockfish is a Category 2 stock with a default
harvest control rule of ACL contribution < ABC (SPR 0.55; P* 0.45).
Quillback rockfish is primarily caught by the non-trawl sectors, with
approximately 75 percent caught by the recreational sector and
approximately 25 percent caught by the commercial sector. Additionally,
the majority of fishing mortality (~85 percent) occurs in State waters.
In the 2023-24 biennium, California quillback rockfish was managed as
part of the Nearshore rockfish complex both north and south of
40[deg]10' N lat. California quillback rockfish has since been
categorized as its own stock under amendment 31 to the PCGFMP (88 FR
78677, November 16, 2023). The NWFSC conducted a data-moderate
assessment in 2021 (Agenda Item E.2, Attachment 4, November 2021),
which indicated depletion of the stock off California. The assessment
was determined to be the best scientific information available in
December 2021. In response to this assessment, and several subsequent
reviews (Agenda Item C.6.a Supplemental SSC Report 1, September 2021;
Agenda Item E.2.a Supplemental SSC Report 1, November 2021), NMFS
declared the stock overfished in December 2023 and notified the Council
of the requirement to develop a rebuilding plan. California quillback
rockfish are caught with many other species of groundfish; therefore,
the Council developed the rebuilding plan as part of the 2025-26
biennial specifications and management measures in order to account for
restrictions needed for other groundfish targets in order to rebuild
the stock. The Council considered a range of alternative harvest
control rules during the development of the rebuilding plan that is
proposed as a new management measure in this action, and which is
described in detail under section III, P. of this preamble. Per the
MSA, overfished species must have harvest specifications set to prevent
overfishing (50 CFR 600.310(f)(3)(ii) and 50 CFR 600.310(f)(4)(i)), and
species managed within a complex are managed to the complex OFL, which
is additive across all species in the complex, rather than being
managed to a species- or stock-specific harvest specification.
Therefore, for the 2025-26 biennium, the Council recommended removing
California quillback rockfish from the Nearshore rockfish complexes
north and south of 40[deg]10' N lat., so that catch can be managed
under stock-specific harvest specifications. NMFS is also proposing in
alignment with the Council's recommendation, an alternative harvest
control rule of the ABC Rule to set the 2025-26 ACLs for California
quillback rockfish. The ABC Rule sets the ACL equal to the ABC with a
management risk tolerance of P* 0.45 and the time-varying scientific
uncertainty ([sigma] = 1.0) reduction applied to the OFL. This harvest
strategy is anticipated to rebuild the stock as fast as possible while
taking into account the biology of the stock and the needs of fishing
communities.
Stocks in Rebuilding Plans
When NMFS declares a stock overfished, the Council must develop and
manage the stock in accordance with a rebuilding plan. For overfished
stocks in the PCGFMP, this means that the harvest control rule for
overfished stocks sets the ACL based on the rebuilding plan. The
proposed rules for the 2011-12 (75 FR 67810, November 3, 2010) and
2013-14 (77 FR 67974, November 14, 2012) harvest specifications and
management measures contain extensive discussions on the management
approach used for overfished stocks, which are not repeated here. In
addition, the SAFE document posted on the Council's website at http://www.pcouncil.org/groundfish/safe-documents/ contains a detailed
description of each overfished stock, its status and management, as
well as the SSC's approach for the rebuilding analyses. This document
provides information on yelloweye rockfish and, starting with the 2025-
26 biennium, California quillback rockfish. NMFS declared yelloweye
rockfish overfished in 2002. The Council adopted a rebuilding plan for
the stock in 2004, and revised the rebuilding plan in 2011 under
amendment 16-4 to the PCGFMP, and again during the 2019-20 biennium (83
FR 63970, December 12, 2018). The Council's proposed yelloweye rockfish
ACLs for 2025 and 2026 are based on the current yelloweye rockfish
rebuilding plan (see Appendix F to the PCGFMP at www.pcouncil.org), so
additional details are not repeated here. As described above, NMFS
declared California quillback rockfish overfished in December 2023. The
Council adopted a rebuilding plan for the stock at the June 2024
meeting, which NMFS is proposing for implementation in this rulemaking
for the 2025-26 biennium (Agenda Item F.6 Supplemental Revised
Attachment 3 June 2024). The Council proposed California quillback
rockfish ACLs for 2025 and 2026 in accordance with the proposed
rebuilding plan, which is described in detail under section III, P. of
this preamble.
D. Summary of ACL Changes From 2023 to 2025-26
Table 2 compares the ACLs for major stocks and stock complexes for
2023 and 2025-26 with harvest specifications set under their default
harvest control rules. Under this proposed rule, 8 of the 39 stocks/
complexes shown in table 2 would have higher ACLs in 2025 than in 2023,
and 27 stocks/complexes would have ACLs that would decrease in 2025
from those in 2023. Three
[[Page 70411]]
stocks/complexes (i.e., Other fish complex, Pacific cod, and starry
flounder) would have the same ACLs in 2025 as in 2023. Under this
proposed rule, the ACL for yelloweye rockfish would increase by 4.7
percent. This is based on the projections from the 2017 rebuilding
analysis and the default harvest control rule specifying ACLs based on
the SPR harvest rate of 65 percent. This predicted slow rate of
rebuilding is anticipated for this slow growing species. Two stocks
(sablefish north of 36[deg] N lat. and sablefish south of 36[deg] N
lat.) have ACLs that would increase by more than 100 percent. This
increase is due to new information provided in the 2023 update
assessment, indicating multiple large year-classes in recent years
(e.g., 2016, 2020, and 2021), leading to large increases in the
spawning biomass at the end of the time series, with the population
projected to continue increasing as new recruits mature. The 55.5
percent decrease in canary rockfish is due to new information from the
2023 full assessment. The 64 percent increase in Other flatfish is due
to new information from the 2023 update assessment on rex sole.
Table 2--ACLs for Major Stocks and Management Units for 2023, and Proposed ACLs for the 2025-26 Biennium Under
Default Harvest Control Rules. Bold Indicates a Change in ACL Greater Than 50%
[Rebuilding species are capitalized]
----------------------------------------------------------------------------------------------------------------
ACL (mt)
Stock/species or complex Area ------------------------------------------------ % Change 2023
2023 2025 2026 to 2025
----------------------------------------------------------------------------------------------------------------
YELLOWEYE ROCKFISH............ Coastwide....... 53.3 55.8 56.6 +4.7%
Arrowtooth Flounder........... Coastwide....... 18,632 11,193 9,227 -39.9
Big Skate..................... Coastwide....... 1,320 1,224 1,188 -7.3
Black Rockfish................ WA.............. 290 245 241 -15.5
Black Rockfish................ CA.............. 334 234 236 -29.9
Bocaccio...................... S of 40[deg]10' 1,842 1,681 1,668 -8.7
N lat.
Cabezon....................... CA.............. 182 162 155 -11.0
Cabezon/Kelp Greenling complex WA.............. 20 15 15 -25.0
Cabezon/Kelp Greenling complex OR.............. 185 177 174 -4.3
California Scorpionfish....... Coastwide....... 262 244 238 -6.9
Canary Rockfish............... Coastwide....... 1,284 571 573 -55.5
Chilipepper................... S of 40[deg]10' 2,183 2,815 2,643 +28.9
N lat.
Cowcod........................ S of 40[deg]10' 80 77 75 -3.8
N lat.
Darkblotched Rockfish......... Coastwide....... 785 754 732 -3.9
English Sole.................. Coastwide....... 9,018 8,884 8,819 -1.5
Lingcod....................... N of 40[deg]10' 4,378 3,631 3,534 -17.1
N lat.
Lingcod....................... S of 40[deg]10' 726 748 773 +3.0
N lat.
Longnose Skate................ Coastwide....... 1,708 1,616 1,579 -5.3
Longspine Thornyhead.......... N of 34[deg]27' 2,295 2,050 1,957 -10.7
N lat.
Longspine Thornyhead.......... S of 34[deg]27' 725 648 618 -10.7
N lat.
Pacific Cod................... Coastwide....... 1,600 1,600 1,600 0.0
Pacific Ocean Perch........... N of 40[deg]10' 3,573 3,328 3,220 -6.9
N lat.
Pacific Spiny Dogfish......... Coastwide....... 1,456 1,361 1,318 -6.5
Petrale Sole.................. Coastwide....... 3,485 2,354 2,238 -32.5
Sablefish..................... N of 36[deg] N 8,486 28,688 27,238 +238.1
lat.
Sablefish..................... S of 36[deg] N 2,338 7,857 7,460 +236.1
lat.
Blue/Deacon/Black Rockfish Oregon.......... 597 423 428 -29.2
complex.
Nearshore Rockfish North \a\ N of 40[deg]10' 93 88 86 -5.4
complex. N lat.
Nearshore Rockfish South \a\ S of 40[deg]10' 887 932 931 5.1
complex. N lat.
Other Fish complex............ Coastwide....... 223 223 223 0.0
Other Flatfish complex........ Coastwide....... 4,862 7,974 7,144 +64.0
Shelf Rockfish North complex.. N of 40[deg]10' 1,283 1,392 1,378 +8.5
N lat.
Shelf Rockfish South complex.. S of 40[deg]10' 1,469 1,465 1,462 -0.3
N lat.
Slope Rockfish North complex.. N of 40[deg]10' 1,540 1,488 1,460 -3.4
N lat.
Slope Rockfish South complex.. S of 40[deg]10' 701 693 690 -1.1
N lat.
Splitnose Rockfish............ S of 40[deg]10' 1,592 1,508 1,469 -5.3
N lat.
Starry Flounder............... Coastwide....... 392 392 392 0.0
Widow Rockfish................ Coastwide....... 12,624 11,237 10,392 -11.0
Yellowtail Rockfish........... N of 40[deg] 10' 5,666 6,241 6,023 +10.1
N lat.
----------------------------------------------------------------------------------------------------------------
\a\ California quillback rockfish were removed from the Nearshore Rockfish complexes in November 2023. Thus, the
units of comparison are offset between the 2023 ACL and 2025-2026 values in this table.
III. Proposed Management Measures
This section describes proposed management measures used to further
allocate the ACLs to the various components of the fishery (i.e.,
biennial fishery harvest guidelines (HGs) and set-asides) and
management measures to control fishing. Management measures for the
commercial fishery modify fishing behavior during the fishing year to
ensure catch does not exceed the ACL, and include trip and cumulative
landing limits, time/area closures, size limits, and gear restrictions.
Management measures for the recreational fisheries include bag limits,
size limits, gear restrictions, fish dressing requirements, and time/
area closures.
A. Deductions From the ACLs
Before making allocations to the primary commercial and
recreational components of groundfish fisheries, the Council recommends
``off-the-top deductions,'' or deductions from the
[[Page 70412]]
ACLs to account for anticipated mortality for certain types of
activities, including: (1) harvest in Pacific Coast treaty Indian
Tribal fisheries; (2) harvest in scientific research activities; (3)
harvest in non-groundfish fisheries (incidental catch); and (4) harvest
that occurs under EFPs. As part of NMFS' effort to simplify regulations
pertaining to harvest specifications, the footnotes that typically
specify these values in tables 1a, 1b, 2a, and 2b of subpart C would be
removed, and all off-the-top deductions proposed for individual stocks
or stock complexes and would be published in the 2024 SAFE. The details
of the EFPs are discussed below in section III,I of this preamble.
Pacific Coast Tribal Fisheries
The Quileute Tribe, Quinault Indian Nation, Makah Indian Tribe, and
Hoh Indian Tribe (collectively, ``the Pacific Coast Tribes'') implement
management measures for Tribal fisheries both independently as
sovereign governments and cooperatively with the management measures in
the Federal regulations. The Pacific Coast Tribes work through the
Council process to maintain groundfish set-asides, harvest guidelines,
and allocations pursuant to treaty fishing rights and as co-managers of
the resource. The Pacific Coast Tribes may adjust their Tribal fishery
management measures inseason to stay within the Tribal set-asides and
allocations and within the estimated impacts to overfished stocks.
Table 3 provides the proposed Tribal harvest set-asides and allocations
proposed for the 2025-26 biennium for groundfish species other than
Pacific whiting, which is allocated through a separate annual
specifications process with Canada. These targets are consistent with
the 2024 targets, with the exception of petrale sole (decreased to 290
mt), sablefish north of 36[deg] N lat. (increased to 2,869 mt in 2025
and 2,724 mt in 2026) and yelloweye rockfish (increased to 8 mt).
Typically, a portion of these values are included as footnotes to
tables 1a, 1b, 2a, and 2b of subpart C and the other portion of these
values are specified at 50 CFR 660.50. NMFS would remove the footnotes
from tables 1a, 1b, 2a, and 2b of subpart C, and publish the full list
of Tribal set asides at 50 CFR 660.50 as part of regulatory cleanup
efforts. As noted above, these values will also be published in the
SAFE.
Table 3--Proposed Tribal Harvest Set-Asides and Allocations for the 2025-26 Biennium Compared to Those in Place
in 2024
----------------------------------------------------------------------------------------------------------------
Off the top deduction
Stock/species ----------------------------------------------
2024 (mt) 2025-2026 (mt)
----------------------------------------------------------------------------------------------------------------
Arrowtooth Flounder.............................................. 2,041 2,041
Big Skate........................................................ 15 15
Black Rockfish (WA).............................................. 18 18
Cabezon/Kelp Greenling (WA)...................................... 2 2
Canary Rockfish.................................................. 50 50
Darkblotched Rockfish............................................ 5 5
Dover Sole....................................................... 1,497 1,497
English Sole..................................................... 200 200
Lingcod N. of 40[deg]10' N lat................................... 250 250
Longnose Skate................................................... 220 220
Longspine Thornyhead N. of 34[deg]27' N lat...................... 30 30
Nearshore Rockfish North......................................... 1.5 1.5
Other Flatfish................................................... 60 60
Pacific cod...................................................... 500 500
Pacific Ocean Perch.............................................. 130 130
Pacific Spiny Dogfish............................................ 275 275
Petrale Sole..................................................... 350 290
------------------------------
Sablefish N. of 36[deg] N lat \a\................................ 778 2,869 (2025) 2,724 (2026)
------------------------------
Shelf Rockfish North............................................. 30 30
Shortspine Thornyhead S. of 34[deg]27' N lat..................... 50 50
Slope Rockfish North............................................. 36 36
Starry flounder.................................................. 2 2
Widow rockfish................................................... 200 200
Yellowtail rockfish.............................................. 1,000 1,000
Yelloweye rockfish............................................... 5 8
----------------------------------------------------------------------------------------------------------------
\a\ Sablefish is allocated according to amendment 6 of the PCGFMP and 50 CFR 660.50(f)(2).
The Pacific Coast Tribes proposed trip limit management in Tribal
fisheries for 2025-26 for several stocks, including several rockfish
stocks and stock complexes. This rulemaking proposes the trip limits
for Tribal fisheries. as provided to the Council at its April 2024
meeting in Supplemental Tribal Reports 1 and 2, Agenda Item F.5. For
rockfish stocks. Tribal regulations will continue to require full
retention of all overfished rockfish stocks and marketable non-
overfished rockfish stocks. The Pacific Coast Tribes will continue to
develop management measures, including depth, area, and time
restrictions, in the directed Tribal Pacific halibut fishery in order
to minimize incidental catch of yelloweye rockfish.
Scientific Research
NMFS is proposing, in alignment with the Council's recommendation,
the below amounts in table 4 to accommodate mortality from research
activities for the 2025-26 biennium. Research activities include the
NWFSC's WCGBT survey, the NWFSC's Southern California Hook-and-Line
survey, and the International Pacific
[[Page 70413]]
Halibut Commission longline surveys, as well as other Federal and state
research projects. In previous harvest specification cycles, the
Council established research set-asides equal to the long-term maximum
or historical average (beginning in 2003) for all species except
yelloweye rockfish and cowcod, for which custom methodologies were
designed for setting research set-asides. However, many of these long-
term maximums or averages are not reflective of recent mortality trends
in scientific research activities. Therefore, for the 2025-26 biennium,
39 of the 43 stocks or stock complexes that have research set-asides
would instead be set equal to their 10-year rolling maximum. The
research set-asides for the remaining four stocks (i.e., canary
rockfish, cowcod, California quillback rockfish, and yelloweye
rockfish) would continue to be established by other methodologies. The
rationale for these departures is detailed in Agenda Item E.7.a,
Supplemental GMT Report 2, November 2023. The amounts in Table 4 will
be published in the SAFE.
Table 4--Proposed Research Set-Asides for the 2025-26 Biennium
[Rebuilding species are capitalized]
------------------------------------------------------------------------
Stock/species Management area 2025 2026
------------------------------------------------------------------------
QUILLBACK ROCKFISH........... California..... 0.1 0.1
YELLOWEYE ROCKFISH........... Coastwide...... 2.9 2.9
Arrowtooth flounder.......... Coastwide...... 13.0 13.0
Big skate.................... Coastwide...... 5.5 5.5
Black rockfish (WA).......... Washington..... 0.6 0.6
Black rockfish (CA).......... California..... 0.1 0.1
Bocaccio..................... S of 40[deg]10' 5.6 5.6
N lat.
Cabezon (CA)................. S of 42[deg] N 0.0 0.0
lat.
California scorpionfish...... S of 34[deg]27' 0.8 0.8
N lat.
Canary rockfish.............. Coastwide...... 10.1 10.1
Chilipepper.................. S of 40[deg]10' 14.1 14.1
N lat.
Cowcod....................... S of 40[deg]10' 10.0 10.0
N lat.
Darkblotched rockfish........ Coastwide...... 8.5 8.5
Dover sole................... Coastwide...... 61.9 61.9
English sole................. Coastwide...... 8.0 8.0
Lingcod...................... N of 40[deg]10' 17.7 17.7
N lat.
Lingcod...................... S of 40[deg]10' 3.2 3.2
N lat.
Longnose skate............... Coastwide...... 14.7 14.7
Longspine thornyhead......... N of 34[deg]27' 18.4 18.4
N lat.
Longspine thornyhead......... S of 34[deg]27' 1.3 1.3
N lat.
Pacific cod.................. Coastwide...... 0.8 0.8
Pacific ocean perch.......... N of 40[deg]10' 5.4 5.4
N lat.
Pacific Spiny dogfish........ Coastwide...... 41.9 41.9
Pacific whiting.............. Coastwide...... 750.0 750.0
Petrale sole................. Coastwide...... 24.1 24.1
Sablefish.................... N of 36[deg] N 59.3 59.3
lat.
Sablefish.................... S of 36[deg] N 2.3 2.3
lat.
Shortspine thornyhead........ Coastwide...... 16.3 16.3
Splitnose rockfish........... S of 40[deg]10' 11.2 11.2
N lat.
Starry flounder.............. Coastwide...... 0.6 0.6
Widow rockfish............... Coastwide...... 17.3 17.3
Yellowtail rockfish.......... N of 40[deg]10' 20.6 20.6
N lat.
------------------------------------------------------------------------
Complex
------------------------------------------------------------------------
Nearshore rockfish north..... N of 40[deg]10' 0.5 0.5
N lat.
Nearshore rockfish south..... S of 40[deg]10' 0.7 0.7
N lat.
Shelf rockfish north......... N of 40[deg]10' 15.3 15.3
N lat.
Shelf rockfish south......... S of 40[deg]10' 15.1 15.1
N lat.
Slope rockfish north......... N of 40[deg]10' 10.5 10.5
N lat.
Slope rockfish south......... S of 40[deg]10' 18.2 18.2
N lat.
Other fish................... Coastwide...... 0.1 0.1
Other flatfish............... Coastwide...... 23.6 23.6
Oregon black/blue/deacon Oregon......... 0.1 0.1
rockfish.
Oregon cabezon/kelp greenling Oregon......... 0.1 0.1
Washington cabezon/kelp Washington..... 0.4 0.4
greenling.
------------------------------------------------------------------------
Incidental Open Access
NMFS is proposing, in alignment with the Council's recommendation,
the below amounts in table 5 to accommodate mortality of groundfish
taken incidentally in non-groundfish fisheries (i.e., the groundfish
incidental open access (IOA) fisheries). IOA comprises the non-Tribal
directed commercial Pacific halibut, limited entry and open access
California halibut, pink shrimp, and other incidental fisheries.
Similar to research mortality, the Council has historically established
IOA set-asides equal to the long-term maximum or historical average
(beginning in 2003) for all species; however, for the 2025-26 biennium,
the Council recommended establishing set-asides based on the new 10-
year rolling maximum for 33 of the 43 stocks or stock complexes that
have IOA set-asides. The IOA set-asides for the remaining 10 stocks or
stock
[[Page 70414]]
complexes (i.e., bocaccio south of 40[deg]10' N lat., canary rockfish,
darkblotched rockfish, longspine thornyhead north of 34[deg] 27' N
lat., petrale sole, sablefish south of 36[deg] N lat., widow rockfish,
nearshore rockfish north of 40[deg] 10' N lat., slope rockfish south of
40[deg] 10' N lat., and yelloweye rockfish) would continue to be
established by other methodologies. The rationale for these departures
is detailed in the Agenda Item E.7.a, Supplemental GMT Report 2
(November 2023). The amounts in table 5 will be published in the SAFE.
Table 5--Proposed Incidental Open Access Set-Asides for the 2025-26
Biennium
[Rebuilding species are capitalized]
------------------------------------------------------------------------
Stock/species Management area 2025 2026
------------------------------------------------------------------------
QUILLBACK ROCKFISH........... California..... 0.0 0.0
YELLOWEYE ROCKFISH........... Coastwide...... 3.9 3.9
Arrowtooth flounder.......... Coastwide...... 41.0 41.0
Big skate.................... Coastwide...... 38.9 38.9
Black rockfish (WA).......... Washington..... 0.0 0.0
Black rockfish (CA).......... California..... 1.2 1.2
Bocaccio rockfish............ S of 40[deg]10' 2.2 2.2
N lat.
Cabezon (CA)................. S of 42[deg] N 0.06 0.6
lat.
California scorpionfish...... S of 34[deg]27' 1.2 1.2
N lat.
Canary rockfish.............. Coastwide...... 2.8 2.8
Chilipepper rockfish......... S of 40[deg]10' 13.2 13.2
N lat.
Cowcod....................... S of 40[deg]10' 0.1 0.1
N lat.
Darkblotched rockfish........ Coastwide...... 10.7 10.7
Dover sole................... Coastwide...... 25.2 25.2
English sole................. Coastwide...... 6.6 6.6
Lingcod...................... N of 40[deg]10' 13.4 13.4
N lat.
Lingcod...................... S of 40[deg]10' 8.7 8.7
N lat.
Longnose skate............... Coastwide...... 15.9 15.9
Longspine thornyhead......... N of 34[deg]27' 1.3 1.3
N lat.
Longspine thornyhead......... S of 34[deg]27' 0.2 0.2
N lat.
Pacific cod.................. Coastwide...... 0.6 0.6
Pacific ocean perch.......... N of 40[deg]10' 10.1 10.1
N lat.
Pacific Spiny dogfish........ Coastwide...... 6.7 6.7
Pacific whiting.............. Coastwide...... 1,500.0 1,500.0
Petrale sole................. Coastwide...... 4.4 4.4
Sablefish.................... S of 36[deg] N 25.0 25.0
lat..
Shortspine thornyhead........ Coastwide...... 5.7 5.7
Splitnose rockfish........... S of 40[deg]10' 2.9 2.9
N lat.
Starry flounder.............. Coastwide...... 14.1 14.1
Widow rockfish............... Coastwide...... 1.0 1.0
Yellowtail rockfish.......... N of 40[deg]10' 4.5 4.5
N lat.
------------------------------------------------------------------------
Complex
------------------------------------------------------------------------
Nearshore rockfish north..... N of 40[deg]10' 1.1 1.1
N lat.
Nearshore rockfish south..... S of 40[deg]10' 1.8 1.8
N lat.
Shelf rockfish north......... N of 40[deg]10' 20.5 20.5
N lat.
Shelf rockfish south......... S of 40[deg]10' 11.5 11.5
N lat.
Slope rockfish north......... N of 40[deg]10' 11.5 11.5
N lat.
Slope rockfish south......... S of 40[deg]10' 0.9 0.9
N lat.
Other fish................... Coastwide...... 9.7 9.7
Other flatfish............... Coastwide...... 87.7 87.7
Oregon black/blue/deacon Oregon......... 1.5 1.5
rockfish.
Oregon cabezon/kelp greenling Oregon......... 0.7 0.7
Washington cabezon/kelp Washington..... 0 0
greenling.
------------------------------------------------------------------------
Exempted Fishing Permits
Issuing EFPs is authorized by regulations implementing the MSA at
50 CFR 600.745, which state that EFPs may be used to authorize fishing
activities that would otherwise be prohibited. The Council routinely
considers EFP applications concurrently with the biennial harvest
specifications and management process because expected catch under most
EFP projects is accounted for via off-the-top deductions from ACLs.
However, both EFP applications recommended by the Council for 2025-26
do not request off-the-top deductions from ACLs and plan to account for
their catch via other methods. A detailed description of these EFP
proposals is provided in section III, I of this preamble.
Recreational Sablefish Set-Aside
The allocation framework for sablefish north of 36[deg] N lat. was
set up under amendment 6 to PCGFMP (57 FR 54001; Nov 16 1992). This
framework deducts a set-aside from the ACL to account for mortality in
the recreational fisheries. The set-aside amount is usually based on
the maximum historical value of sablefish caught in recreational
fisheries. The Council recommended, and NMFS is proposing, increasing
the recreational set-aside from 6 mt in the 2023-24 biennium to 30 mt
in the 2025-26 biennium. As described in the Council Analytical
Document (Agenda Item F.6 Attachment, June 2, 2024), historical
recreational mortality of sablefish north of 36[deg] N lat. has not
exceeded 3.98 mt from 2005-22. However, the California and Oregon
recreational catch estimates
[[Page 70415]]
for 2023 totaled 23.9 mt. Therefore, the Council is recommending
increasing the set-aside amount to accommodate the recreational
fishery. This increase is not expected to constrain the commercial
fishery in the 2025-26 biennium.
B. Annual Catch Targets
As defined at 50 CFR 660.11, an annual catch target (ACT) is a
management target set below the ACL that may be used as an
accountability measure in cases where there is uncertainty in inseason
catch monitoring to ensure against exceeding an ACL. Since the ACT is a
target and not a limit, it can be used in lieu of HGs or set
strategically to accomplish other management objectives. Sector-
specific ACTs can also be specified to accomplish management
objectives. For the 2025-26 biennium, the Council recommended, and NMFS
is proposing, ACTs for yelloweye rockfish in the non-trawl sectors
(both commercial and recreational), copper rockfish in the recreational
sector south of 34[deg] 27' N lat., and shortspine thornyhead in the
commercial non-trawl sector north of 34[deg] 27' N lat. Further, the
Council recommended removing the ACT from the 2023-24 biennium for
California quillback rockfish. These ACTs can be found in the footnotes
to tables 1a and 2a to part 660, subpart C in the regulatory text of
this proposed rule.
Yelloweye Rockfish
The Council considered removing the non-trawl ACT for yelloweye
rockfish. Yelloweye rockfish is a prohibited species in all non-trawl
groundfish fisheries, where more than 95 percent of the mortality
occurs. It is currently managed with a non-trawl ACT set at 78.4
percent of the non-trawl allocation, and sector-specific ACTs under the
non-trawl allocation are also set at 78.4 percent of their respective
sector-specific HGs (table 6 below). The majority of commercial non-
trawl mortality is discarded and, therefore, commercial non-trawl
inseason estimates are largely year-end projections that do not have
data-informed estimates of discards until September of the following
year, when the Groundfish Expanded Mortality Multiyear (GEMM) report is
available. Additionally, pre-season management measures of any non-
trawl sector are not expected to be different with or without the ACT.
However, ultimately, the Council recommended maintaining ACTs as a
precaution. Since yelloweye rockfish catch has been restricted for many
years, it is difficult to project encounter rates. This precautionary
approach to higher catch limits would allow more access to target
fisheries for the non-trawl sector, while also managing for the
uncertainty and volatility in catch of this rebuilding stock by this
sector.
Table 6--Proposed 2025-26 Non-Trawl Yelloweye Rockfish HGs and ACTs for the Sector and Sub-Sectors
----------------------------------------------------------------------------------------------------------------
2025 2026
Sector ---------------------------------------------------------------
HG (mt) ACT (mt) HG (mt) ACT (mt)
----------------------------------------------------------------------------------------------------------------
Non-Trawl Sector total.......................... 37.7 29.6 38.5 30.2
Non-nearshore/Nearshore (20.9%)................. 7.9 6.2 8.0 6.3
WA Rec (25.6%).................................. 9.7 7.6 9.9 7.7
OR Rec (23.3%).................................. 8.8 6.9 9.0 7.0
CA Rec (30.2%).................................. 11.4 8.9 11.6 9.1
----------------------------------------------------------------------------------------------------------------
Copper Rockfish South of 34[deg]27' N lat.
NMFS is proposing, in alignment with the Council's recommendation,
to remove the statewide all-sector copper rockfish ACT and to establish
a recreational copper rockfish ACT in the area south of 34[deg]27' N
lat. This recommendation was made in response to the 2023 copper
rockfish off California stock assessment, which estimated depletion of
copper rockfish at 46 and 16 percent north and south of 34[deg]27' N
lat., respectively (Agenda Item G.2 Attachment 1, September 2023 and
Agenda Item G.2 Attachment 2, September 2023). While allowable harvest
of copper rockfish off California is shared by the fixed gear
commercial and recreational sectors, recreational mortality has
accounted for the majority of impacts in recent years. This is
particularly evident in the area south of 34[deg]27' N lat. Over the
last 6 years, the recreational fishery, on average, has been
responsible for approximately 90 percent of total mortality in the area
south of 34[deg]27' N lat. As noted in Agenda Item E.7.a, Supplemental
GMT Report 3, November 2023, establishing a within non-trawl
recreational ACT for copper rockfish south of 34[deg]27' N lat. may
provide a mechanism for management specifically addressing the
proportion of the copper rockfish stock that may be more susceptible to
localized depletion, in a similar manner as has been done previously
for stocks of concern (e.g., yelloweye rockfish). The proposed ACTs are
15.8 and 18.0 mt for 2025 and 2026, respectively.
Shortspine Thornyhead North of 34[deg]27' N lat.
NMFS is proposing, in alignment with the Council's recommendation,
an ACT for shortspine thornyhead in the non-trawl commercial sector
north of 34[deg]27' N lat. This ACT is related to the Council's
recommendation to revise the allocation framework for shortspine
thornyhead, which is described in detail under section III, L of this
preamble. The proposed ACTs for shortspine thornyhead are 67 mt and 55
mt for 2025 and 2026, respectively.
California Quillback Rockfish
NMFS is proposing, in alignment with the Council's recommendation,
to remove the ACT from the 2023-24 biennium for quillback rockfish off
California. The ACT was originally designed as a mechanism to monitor
quillback rockfish mortality relative to its component mortality of the
Nearshore Rockfish complex ACL. Now that the Council has recommended to
remove California quillback rockfish from the Nearshore complex,
mortality will be monitored against its species-specific ACLs. Due to
anticipated low harvest limits, there is little value in setting an ACT
lower than the ACL because the small difference in an ACL to ACT will
not give the Council a timely warning to reduce mortality to avoid
exceeding the ACL.
C. Biennial Fishery Allocations
The Council routinely recommends two-year trawl and non-trawl
allocations during the biennial specifications process for stocks
without formal allocations (as defined in section
[[Page 70416]]
6.3.2 of the PCGFMP) or stocks where the long-term allocation is
suspended because the stock is declared overfished. The two-year trawl
and non-trawl allocations, with the exception of sablefish north of
36[deg] N lat., are based on the fishery HG. The fishery HG is the
tonnage that remains after subtracting the off-the-top deductions
described in section III, A, entitled ``Deductions from the ACLs,'' in
this preamble. The trawl and non-trawl allocations and recreational HGs
are designed to accommodate anticipated mortality in each sector as
well as variability and uncertainty in those mortality estimates.
Additional information on the Council's allocation framework and formal
allocations can be found in section 6.3 of the PCGFMP and 50 CFR 660.55
of the Federal regulations. Tables 7 and 8 below include both
categories of allocations, including formal allocations specified in
the PCGFMP (i.e., amendment 21 stocks/species) or biennial allocations
that are not specified in the PCGFMP and only specified in the Federal
regulations each biennium (i.e., 2-year allocations). Table 9 below
presents the proposed allocations for sablefish north of 36[deg] N lat.
All allocations are detailed in the harvest specification tables
appended to 50 CFR part 660, subpart C in the regulatory text of this
proposed rule.
Table 7--Proposed 2025 Amendment 21 and Biennial Trawl/Non-Trawl Allocation Percentages (%) and Allocation Amounts in Metric Tons (mt)
[Rebuilding species are capitalized]
--------------------------------------------------------------------------------------------------------------------------------------------------------
Trawl Non-trawl
Stock/species Management area Fishery HG Allocation type -------------------------------------------------
(mt) % mt % mt
--------------------------------------------------------------------------------------------------------------------------------------------------------
Yelloweye rockfish................. Coastwide............. 41 Biennial................. 8 3.3 92 38.5
Arrowtooth flounder................ Coastwide............. 9,098 A-21..................... 95 8,643.1 5 454.9
Big skate.......................... Coastwide............. 1,164.6 Biennial................. 95 1,106.4 5 58.2
Bocaccio rockfish.................. S of 40[deg]10' N lat. 1,673.2 Biennial................. 39 652.5 61 1,020.6
Canary rockfish.................... Coastwide............. 508.4 Biennial................. 72.3 367.6 27.7 140.8
Chilipepper rockfish............... S of 40[deg]10' N lat. 2,788 A-21..................... 75 2,091 25 697.0
Cowcod............................. S of 40[deg]10' N lat. 66.5 Biennial................. 36 23.9 64 42.6
Darkblotched rockfish.............. Coastwide............. 729.8 A-21..................... 95 693.3 5 36.5
Dover sole......................... Coastwide............. 45,840 A-21..................... 95 43,459.8 5 2,290.2
English sole....................... Coastwide............. 8,669.4 A-21..................... 95 8,235.9 5 433.5
Lingcod............................ N of 40[deg]10' N lat. 3,349.9 A-21..................... 45 1,507.5 55 1,842.4
Lingcod............................ S of 40[deg]10' N lat. 736.4 Biennial................. 40 294.6 60 441.8
Longnose skate..................... Coastwide............. 1,365.4 Biennial................. 90 1,228.9 10 136.5
Longspine thornyhead............... N of 34[deg]27' N lat. 2,000.7 A-21..................... 95 1,900.7 5 100.0
Pacific cod........................ Coastwide............. 1,098.6 A-21..................... 95 1,043.7 5 54.9
Pacific Ocean perch................ N of 40[deg]10' N lat. 3,182.5 A-21..................... 95 3,023.4 5 159.1
Pacific whiting b/................. Coastwide............. .............. A-21..................... 100 .............. 0 0
Petrale sole....................... Coastwide............. 2,036 Biennial................. ....... 2,006 ....... 30
--------------------------------------------------------------------------------------------
Sablefish.......................... N of 36[deg] N lat.... See Table 9
--------------------------------------------------------------------------------------------
Sablefish.......................... S of 36[deg] N lat.... 7,829.8 A-21..................... 42 3,288.5 58 4,541.3
Shortspine thornyhead.............. Coastwide............. 743.3 Biennial................. 64 475.7 36 267.6
Splitnose rockfish................. S of 40[deg]10' N lat. 1,493.9 A-21..................... 95 1,419.2 5 74.7
Starry flounder.................... Coastwide............. 375.3 A-21..................... 50 187.7 50 187.7
Widow rockfish..................... Coastwide............. 11,018.7 Biennial................. ....... 10,718.7 ....... 300.0
Yellowtail rockfish................ N of 40[deg]10' N lat. 5,216.1 A-21..................... 88 4,590.2 12 625.9
--------------------------------------------------------------------------------------------------------------------------------------------------------
Complexes
--------------------------------------------------------------------------------------------------------------------------------------------------------
Shelf rockfish north............... N of 40[deg]10' N lat. 1,325.7 Biennial................. 60.2 798.1 39.8 527.6
Shelf rockfish south............... S of 40[deg]10' N lat. 1,438.6 Biennial................. 12.2 175.4 87.8 1,263.1
Slope rockfish north............... N of 40[deg]10' N lat. 1,430 A-21..................... 81 1,158.3 19 271.7
Slope rockfish south............... S of 40[deg]10' N lat. 674 Biennial................. 63 424.6 37 249.4
Other flatfish..................... Coastwide............. 7,803 A-21..................... 90 7,022.7 10 780.3
--------------------------------------------------------------------------------------------------------------------------------------------------------
Table 8--Proposed 2026 Amendment 21 and Biennial Trawl/Non-Trawl Allocation Percentages (%) and Allocation Amounts in Metric Tons (mt)
--------------------------------------------------------------------------------------------------------------------------------------------------------
Trawl Non-trawl
Stock/species Management area Fishery HG Allocation type -------------------------------------------------
(mt) % mt % mt
--------------------------------------------------------------------------------------------------------------------------------------------------------
Yelloweye Rockfish.................. Coastwide.............. 41.8 Biennial............... 8 3.3 92 38.5
Arrowtooth flounder................. Coastwide.............. 7,132 A-21................... 95 6,775.4 5 356.6
Big skate........................... Coastwide.............. 1,128.6 Biennial............... 95 1,072.2 5 56.4
Bocaccio............................ S of 40[deg]10' N lat.. 1,680.5 Biennial............... 39 655.4 60 1,025.1
Canary rockfish..................... Coastwide.............. 509.6 Biennial............... 72.3 368.4 27.7 141.2
Chilipepper......................... S of 40[deg]10' N lat.. 2,615.2 A-21................... 75 1,961.4 25 653.8
Cowcod.............................. south of 40[deg]10' N 65.2 Biennial............... 36 23.5 64 41.7
lat.
Darkblotched rockfish............... Coastwide.............. 707.8 A-21................... 95 672.4 5 35.4
Dover sole.......................... Coastwide.............. 40,873 A-21................... 95 38,829.4 5 2,043.7
English sole........................ Coastwide.............. 8,604.4 A-21................... 95 8,174.2 5 430.2
Lingcod............................. N of 40[deg]10' N lat.. 3,252.9 A-21................... 45 1,463.8 55 1,789.1
Lingcod............................. S of 40[deg]10' N lat.. 761.5 Biennial............... 40 304.6 60 456.9
[[Page 70417]]
Longnose skate...................... Coastwide.............. 1,328.4 Biennial............... 90 1,195.6 10 132.8
Longspine thornyhead................ N of 34[deg]27' N lat.. 1,907.3 A-21................... 95 1,811.9 5 95.4
Pacific cod......................... Coastwide.............. 1,098.6 A-21................... 95 1,043.7 5 54.9
Pacific Ocean perch................. N of 40[deg]10' N lat.. 3,074.5 A-21................... 95 2,920.8 5 153.7
Pacific whiting a/.................. Coastwide.............. .............. A-21................... 100 0.0 ....... 0
Petrale sole........................ Coastwide.............. 1,919.5 Biennial............... ....... 1,889.5 ....... 30.0
--------------------------------------------------------------------------
Sablefish........................... N of 36[deg] N lat..... .............. See Table 9
--------------------------------------------------------------------------
Sablefish........................... S of 36[deg] N lat..... 7,432.9 A-21................... 42 3,121.8 58 4,311.1
Shortspine thornyhead............... Coastwide.............. 752.7 Biennial............... 71 534.4 29 218.3
Splitnose rockfish.................. S of 40[deg]10' N lat.. 1,454.9 A-21................... 95 1,382.2 5 72.7
Starry flounder..................... Coastwide.............. 375.3 A-21................... 50 187.7 50 187.7
Widow rockfish...................... Coastwide.............. 10,173.7 Biennial............... ....... 9,873.7 ....... 300.0
Yellowtail rockfish................. N of 40[deg]10' N lat.. 4,997.5 A-21................... 88 4,397.8 12 599.7
--------------------------------------------------------------------------------------------------------------------------------------------------------
Complexes
--------------------------------------------------------------------------------------------------------------------------------------------------------
Shelf rockfish north................ N of 40[deg]10' N lat.. 1,312.3 Biennial............... 60.2 790 39.8 522.3
Shelf rockfish south................ N of 40[deg]10' N lat.. 1,436.2 Biennial............... 12.2 172.2 87.8 1261
Slope rockfish north................ N of 40[deg]10' N lat.. 1,402.2 A-21................... 81 1,135.8 19 266.4
Slope rockfish south................ S of 40[deg]10' N lat.. 671 Biennial............... 63 422.7 37 248.3
Other flatfish...................... Coastwide.............. 6,563 A-21................... 90 6,973 10 697.3
--------------------------------------------------------------------------------------------------------------------------------------------------------
\a\ Pacific whiting harvest limits are set through an annual bilateral treaty process external to the Council.
Table 9--Proposed 2025-2026 Non-Tribal Sablefish North of 36[deg] N Lat. Commercial HGs and Limited Entry (LE) Trawl and Fixed Gear (LEFG) and Open
Access (OA) Fishery Allocations as Percentages (%) and Metric Tons (mt)
--------------------------------------------------------------------------------------------------------------------------------------------------------
LE share LE trawl share LEFG share OA share
Year Non-tribal ---------------------------------------------------------------------------------------------------
commercial HG % mt % mt % mt % mt
--------------------------------------------------------------------------------------------------------------------------------------------------------
2025................................ 25,729.3 90.6 23,310.7 58 13,520.2 42 9,791.9 9.4 2,418.6
2026................................ 24,425.1 90.6 22,129.1 58 12,834.9 42 9,294.0 9.4 2,296.0
--------------------------------------------------------------------------------------------------------------------------------------------------------
Shortspine Thornyhead
Shortspine thornyhead has a formal allocation structure described
in amendment 21 to the PCGFMP. The stock has a coastwide OFL and ABC,
with two area-specific ACLs and fishery HGs set for north and south of
34[deg]27' N lat. The area-specific ACLs have been apportioned using
the data (2003-2012) from the NWFSC WCGBT survey at the time of the
previous assessment conducted in 2013. There are different allocation
frameworks for each area. For north of 34[deg]27' N lat., 95 percent of
the HG has gone to the trawl sector, and 5 percent of the HG to the
non-trawl sector. For south of 34[deg]27' N lat., a fixed tonnage of 50
mt has gone to the trawl sector, and the remainder of the HG to the
non-trawl sector. For the 2025-26 biennium, NMFS is proposing, in
alignment with the Council's recommendation, a change to this
allocation structure to alleviate anticipated constraints for both the
trawl and non-trawl sector north of 34[deg]27' N lat. The details of
this new management measure are described in the Analysis and in
section III, L of this preamble. The proposed allocation framework
would change shortspine thornyhead to a 2-year allocation species, and
set a coastwide ACL, coastwide off-the-top deductions, and a coastwide
HG. In 2025, the trawl/non-trawl allocation would be 64 and 36 percent
of the HG, respectively, and in 2026 the trawl/non-trawl allocation
would be 71 and 29 percent of the HG, respectively. These values are
reflected in tables 6 and 7 above.
Widow Rockfish
The typical allocation framework for widow rockfish allots a fixed
400 mt to the non-trawl sector and the remainder of the HG to the trawl
sector. For the 2025-26 biennium, NMFS is proposing, in alignment with
the Council's recommendation, to reduce the non-trawl allocation to a
fixed 300 mt, thus increasing the remainder of the HG allocated to the
trawl sector by 100 mt. As described in the Council Analytical Document
(Agenda Item F.6 Attachment 2 June 2024), the 2025-26 trawl allocations
are expected to be lower than that sector's mortality in recent years.
The resulting allocations proposed for 2025 and 2026 in tables 6 and 7,
respectively, are expected to meet the needs of each sector.
D. Harvest Guideline Sharing Agreements
For each biennium, the Council can consider HG sharing agreements
for other stocks or stock complexes separate from the standard list of
biennial allocations discussed in section III, C of this preamble.
These sharing agreements can be arrangements on how the HG is split
among separate states, fishery sectors, or both. For the 2025-26
biennium, NMFS is proposing sharing agreements for: bocaccio south of
40[deg]10' N lat., canary rockfish, cowcod, Nearshore rockfish complex
north of 40[deg]10' N lat., sablefish south of 36[deg] N lat., slope
rockfish south of 40[deg]10' N lat., and blackgill rockfish. All
proposed sharing agreements are maintained from the 2023-24 biennium,
with the exception of sablefish south of 36[deg] N lat. The Council is
recommending a new sharing agreement for sablefish south of 36[deg] N
lat. (described below) based on a new recreational set-aside. See the
Council Analytical Document (Agenda Item F.6 Attachment 2, June 2024)
for
[[Page 70418]]
more information on how these HG sharing agreements were chosen. Each
of the sharing agreements and the resulting shares between sectors and/
or states will be published in the SAFE.
Sablefish South of 36[deg] N Lat.
The Council recommended, and NMFS is proposing, a new recreational
set-aside of 10 mt for sablefish south of 36[deg] N lat., within the
non-trawl HG sharing agreement, because the recreational fishery in
this area has expressed interest in targeting sablefish. As described
in the Council Analytical Document (Agenda Item F.6 Attachment 2, June
2024), this amount would allow for better monitoring of mortality of
this stock and is not expected to constrain the commercial non-trawl
sector, which targets sablefish.
Table 10--Proposed HG Sharing Agreement for Sablefish South of 36[deg] N lat. in the 2025-26 Biennium
----------------------------------------------------------------------------------------------------------------
Non-trawl
Sector allocation Rec. set-aside Non-trawl HG LEFG share OA share (mt)
(mt) (mt) (mt) (mt) 70% 30%
----------------------------------------------------------------------------------------------------------------
2025............................ 4,541.3 10 4,531.3 3,171.9 1,359.4
2026............................ 4,311.1 10 4,301.1 3,010.8 1,290.3
----------------------------------------------------------------------------------------------------------------
E. Modifications to Waypoints for Rockfish Conservation Areas
Rockfish Conservation Areas (RCAs) are large area closures intended
to reduce the catch of a rockfish stock or stock complex by restricting
fishing activity at specific depths. The boundaries for RCAs are
defined by straight lines connecting a series of latitude and longitude
coordinates that approximate depth contours. These sets of coordinates,
or lines, are not gear or fishery specific, but can be used in
combination to define an area. NMFS then implements fishing
restrictions for a specific gear and/or fishery within each defined
area.
For the 2025-26 biennium, NMFS is proposing, in alignment with the
Council's recommendation, coordinate modifications to six waypoints
(#95 through 100) on the 50 fathom (fm) line seaward of California
between Pt. Arena and Bodega Bay. These modifications would better
align existing RCA coordinates with the 50-fm chart-based depth
contour.
F. Limited Entry Trawl
The limited entry trawl fishery is made up of the shorebased
individual fishing quota (IFQ) program (for whiting and non-whiting)
and the at-sea whiting sectors (Mothership (MS) and catcher-processor
(C/P)). For some stocks and stock complexes with a trawl allocation, an
amount is first set-aside for the at-sea whiting sector with the
remainder of the trawl allocation going to the shorebased IFQ sector.
Set-asides are not managed by NMFS or the Council except in the case of
a risk to the ACL.
At-Sea Set Asides
For several species, the trawl allocation is reduced by an amount
set-aside for the at-sea whiting sector. This amount is designed to
accommodate catch by the at-sea whiting sector when they are targeting
Pacific whiting. NMFS is proposing, in alignment with the Council's
recommendation, the set-asides in table 11 for the 2025-26 biennium.
Table 11--2025-26 At-Sea Set-Asides for Vessels Targeting Pacific
Whiting While Fishing as Part of the At-Sea Sector
------------------------------------------------------------------------
At-sea set
Species or species complex Area aside amount
(mt)
------------------------------------------------------------------------
Arrowtooth Flounder............... Coastwide........... 100
Canary rockfish................... Coastwide........... 20
Darkblotched rockfish............. Coastwide........... 100
Dover sole........................ Coastwide........... 10
Lingcod........................... N of 40[deg]10' N 15
lat.
Longnose skate.................... Coastwide........... 5
Other flatfish.................... Coastwide........... 100
Pacific halibut................... Coastwide........... 10
Pacific ocean perch............... N of 40[deg]10' N 300
lat.
Petrale sole...................... Coastwide........... 5
Sablefish......................... N of 36[deg] N lat.. 429
Shelf rockfish complex............ N of 40[deg]10' N 35
lat.
Shortspine thornyhead............. N of 34[deg]27' N 70
lat.
Slope rockfish complex............ N of 40[deg]10' N 300
lat.
Widow rockfish.................... Coastwide........... 300
Yellowtail rockfish............... N of 40[deg]10' N 360
lat.
------------------------------------------------------------------------
Incidental Trip Limits for IFQ Vessels
For vessels fishing in the Shorebased IFQ Program, with either
groundfish trawl gear or non-trawl gears, the following incidentally-
caught stocks are managed with trip limits: Nearshore rockfish complex
north and south, Washington black rockfish, Oregon black/blue/deacon
rockfish complex, cabezon (46[deg]16' to 40[deg]10' N lat. and south of
40[deg]10' N lat.), Pacific spiny dogfish, longspine thornyhead south
of 34[deg]27' N lat., big skate, California scorpionfish, longnose
skate, Pacific whiting, and the Other Fish complex. For all these
stocks, this rulemaking proposes maintaining the same IFQ fishery trip
limits for these stocks for the start of the 2025-26 biennium as those
in place in 2024. Additionally, this rulemaking proposes maintaining
the
[[Page 70419]]
trip limit for blackgill rockfish within the southern Slope rockfish
complex. The trip limit would be unlimited to start the 2025 fishing
year. The purpose of the blackgill trip limit would be to allow the
Council to reduce targeting of blackgill rockfish inseason, if needed.
Trip limits for the IFQ fishery can be found in table 1b (North) and
table 1b (South) to part 660, subpart D. Changes to trip limits would
be considered a routine measure under 50 CFR 660.60(c), and may be
implemented or adjusted, if determined necessary, through inseason
action.
G. LEFG and OA Non-Trawl Fishery
Management measures for the LEFG and OA non-trawl fisheries tend to
be similar because the majority of participants in both fisheries use
hook-and-line gear. Management measures, including area restrictions
(e.g., Non-Trawl RCA) and trip limits in these non-trawl fisheries, are
generally designed to allow harvest of target stocks while keeping
catch of overfished stocks low. LEFG trip limits are specified in table
2b (North) and table 2b (South) to subpart E. OA trip limits are
specified in table 3b (North) and table 3b (South) to subpart F, in the
regulatory text of this proposed rule. HG sharing agreements between
non-trawl sectors are published in the SAFE.
LEFG and OA Trip Limits
The Council recommended, and NMFS is proposing, status quo trip
limits for LEFG and OA fisheries in 2025, with the exception of the OA
trip limit for lingcod north of 42[deg] N lat., which is being
decreased from 11,000 pounds (lb) (4,990 kilograms (kg)) per 2 months,
to 9,000 lb (4,082 kg) per 2 months, to ensure the OA trip limit is
lower than the LEFG trip limit. The Council also recommended modifying
the temporal component (i.e., monthly to bimonthly) of multiple OA and
LEFG trip limits. Consolidating trip limits from monthly to bimonthly
is expected to reduce regulator complexity and confusion. With the
exception of the trip limit for lingcod north of 42[deg] N lat., trip
limit amounts that were monthly would double for the bimonthly trip
limit (i.e., a trip limit that was 100 lb (45 kg) monthly would become
a 200 lb (91 kg) trip limit in the bimonthly option). The Council could
recommend further adjustment to the trip limits through additional
inseason action, once more data on the current limits is collected and
the effects on mortality, particularly discard mortality, are better
understood. More information on these trip limits can be found in the
Council Analytical Document (Agenda Item F.6 Attachment 2, June 2024).
Primary Sablefish Tier Limits
The primary sablefish fishery tier program is a limited access
privilege program set up under amendment 14 to PCGFMP (66 FR 41152;
August 7, 2001). Participants hold limited entry permits with a pot
gear and/or longline gear endorsement and a sablefish endorsement.
Under amendment 14, as set out in 50 CFR 660.231, the permit holder
of a sablefish-endorsed permit receives a tier limit, which is an
annual share of the sablefish catch allocation to this sector. NMFS
sets three different tier limits through the biennial harvest
specifications and management measures process and up to three permits
may be stacked at one time on a vessel participating in the fishery.
Stacked tier limits are combined to provide a cumulative catch limit
for that vessel. After vessels have caught their full tier limits, they
are allowed to move into other fisheries for sablefish, specifically
the LEFG or OA trip limit fishery, or fisheries for other species. The
proposed tier limits for 2025 are as follows: Tier 1 at 246,824 lb
(111,957 kg), Tier 2 at 112,193 lb (50,890 kg), and Tier 3 at 64,110 lb
(29,080 kg). The proposed tier limits for 2026 are as follows: Tier 1
at 234,312 lb (106,282 kg), Tier 2 at 106,506 lb (48,310 kg), and Tier
3 at 60,860 lb (27,606 kg).
H. Recreational Fisheries
This section describes the recreational fisheries management
measures proposed for 2025-2026, which are intended to keep catch
within the recreational harvest guidelines for each stock. Washington,
Oregon, and California each proposed, and the Council recommended,
different combinations of seasons, bag limits, area closures, and size
limits for stocks targeted in recreational fisheries. These measures
are designed to limit catch of overfished stocks found in the waters
adjacent to each state while allowing target fishing opportunities in
their particular recreational fisheries. This proposed rule would set
these measures for recreational fisheries occurring in the EEZ. Each
state, respectively, typically sets measures for recreational fisheries
in State waters. The following sections describe the recreational
management measures proposed in each state.
Washington
The state of Washington manages its marine fisheries in four areas:
(1) Marine Area 1, which extends from the Oregon/Washington border to
Leadbetter Point; (2) Marine Area 2, which extends from Leadbetter
Point to the mouth of the Queets Rivers; (3) Marine Area 3, which
extends from the Queets River to Cape Alava; and (4) Marine Area 4,
which extends from Cape Alava to the Sekiu River. This proposed rule
would adopt the following season structure in table 12.
BILLING CODE 3510-22-P
[[Page 70420]]
[GRAPHIC] [TIFF OMITTED] TP29AU24.019
BILLING CODE 3510-22-C
Consistent with the Council's recommendation, NMFS proposes
continuing with the same season structure, closed areas, and bag limits
for 2025-26 as were in place in 2024, with the exception of some
varying depth restrictions proposed in table 12 above to ensure harvest
specifications are not exceeded. The Council also proposed a new sub-
bag limit for canary rockfish of five fish (out of the seven rockfish
bag limit). For more information on the proposed management measures
for the Washington recreational fishery, see the Washington Department
of Fish and Wildlife (WDFW) reports from the April and June 2024
Council meetings (Agenda Item F.5.a, Supp. WDFW Report 1, April 2024;
Agenda Item F.6.a WDFW Report 1 June 2024).
Oregon
NMFS is proposing, consistent with the Council's recommendation,
that Oregon recreational fisheries in 2025-26 would operate under an
all months all depths season structure to start the 2025 fishing year.
The Council recommended maintaining the 2023-24 aggregate bag limits
and size limits in Oregon recreational fisheries for 2025-26, but with
the addition of a new bag limit for sablefish and a new sub-bag limit
for canary rockfish within the longleader bag limit. The proposed bag
limits are: a marine fish aggregate limit of 10 fish per day, where
cabezon have a minimum size of 16 inches (in) (41 centimeter (cm)); 3
lingcod per day, with a minimum size of 22 in (56 cm); 25 flatfish per
day, excluding Pacific halibut; a longleader gear limit of 12 fish per
day with a sub-bag limit of 5 canary rockfish; and 10 sablefish per
day.
NMFS is proposing, consistent with the Council's recommendation, a
new sub-bag limit of five canary rockfish per angler within the
longleader bag limit. This sub-bag limit would be used to mitigate the
decrease in the coastwide ACL and recreational allocation for canary
rockfish. The Council also recommended a new bag limit for sablefish.
As explained in the Council Analytical Document (Agenda Item F.6
Attachment 2, June 2024), sablefish encounters and catches have
increased in all sectors (including the Oregon recreational fishery),
as larger recruitment classes of sablefish have entered into the
different fisheries. Sablefish are not a targeted species in the Oregon
recreational fishery; however, they are encountered during offshore
Pacific halibut fishing trips and/or offshore longleader trips.
Recreational anglers off Oregon are allowed to retain sablefish during
a
[[Page 70421]]
longleader trip, however, under current regulations, the sablefish bag
limit is part of the general marine bag limit (i.e., maximum of 10),
which is smaller than the longleader bag limit (i.e., maximum of 12).
Sablefish, at present, must count as part of the 12-fish longleader bag
limit. Removing sablefish from the marine bag and creating a new
sablefish bag limit of 10 avoids regulatory complexity, as anglers
would then be allowed to retain 10 sablefish in addition to the 12-fish
longleader bag limit. Additionally, a 10-fish sablefish bag limit
allows anglers to retain more sablefish in conjunction with the
longleader bag limit. This measure will likely decrease regulatory
discards and provide an additional opportunity for recreational anglers
that fish offshore. For more information on the proposed management
measures for the Oregon recreational fishery, see the Council
Analytical Document and the Oregon Department of Fish and Wildlife
reports from the April 2024 Council meeting (Agenda Item F.5.a
Supplemental ODFW Report 1, April 2024).
California
The Council manages recreational fisheries in waters seaward of
California in five separate management areas. Season and area closures
differ between California management areas to limit incidental catch of
overfished stocks and stocks of concern while providing as much
recreational fishing opportunity as possible. The Council's recommended
California season structure for 2025 and 2026 is the same as the
structure adopted by the Council for 2024 recreational fisheries in
California (Agenda Item F.8.a CDFW Supplemental Report 2, March 2024;
Agenda Item F.5.a Supplemental CDFW Report 1 April 2024).
In the Northern Management Area (42[deg] N lat. to 40[deg]10' N
lat.), the Mendocino Management Area (40[deg]10' N lat. to 38[deg]57.5'
N lat.), the San Francisco Management Area (38[deg]57.5' N lat. to
37[deg]11' N lat.), and part of the Central Management Area (37[deg]11'
N lat. to 36[deg] N lat.), the fishery for California rockfish,
cabezon, greenling complex (RCG complex), as defined at 50 CFR
660.360(c)(3)(ii), and the fishery for lingcod would be closed January
1 to March 31, open seaward of 50 fm (91 m) from April 1 to April 31,
closed in the EEZ from May 1 to September 30, open seaward of 50 fm (91
m) from October 1 to October 31, closed in the EEZ, and open seaward of
50 fm (91 m) from December 1 to December 31.
In the other portion of the Central Management Area (36[deg] N lat.
to 34[deg]27' N lat.) and the Southern Management Area (34[deg]27' N
lat. to U.S./Mexico border), the RCG complex fishery and the lingcod
fishery would be closed January 1 to March 31, open in all depths April
1 to June 30, open in the EEZ shoreward of 50 fm (91 m) from July 1 to
September 30, and open seaward of 50 fm (91 m) from October 1 to
December 31. Recreational groundfish fishing opportunities in state
waters may differ and would be announced separately by the California
Department of Fish and Wildlife (CDFW).
Table 13 shows the proposed season structure and depth limits by
management area in 2025 and 2026 for the RCG complex fishery and
lingcod fishery.
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The use of the 50 fm line in the table above constitutes the
Recreational RCA line for the start of the 2025-26 biennium, but the
Council could recommend to use a different fm line via an inseason
action. In other words, the line approximating the 50 fm depth contour
would be the line used for the ``offshore fishery,'' where fishing can
be open seaward of the single fm line, as opposed to across a range of
depths between two fm lines, which is how RCA closures are typically
structured. This management measure was implemented in the 2023-24
biennium (87 FR 77007; December 16, 2022) and used for the first time
via the Council's September 2023 inseason action (88 FR 67656; October
2, 2023).
In 2023-24, Federal regulations required that recreational vessels
be in continuous transit when motoring back to port during times where
an offshore fishery was in place. However, these regulations
inadvertently prevented recreational vessels from anchoring overnight
shoreward of a Recreational RCA during unfavorable weather conditions
or during multi-day trips, thus creating safety-at-sea concerns.
Additionally, these regulations inadvertently prevented recreational
vessels from fishing for non-groundfish species (e.g., lobster) that
they would typically target alongside groundfish. NMFS published a
temporary emergency rule to address this issue on April 1, 2024 (89 FR
22352). To address these concerns for the 2025-26 biennium and beyond,
NMFS is proposing, consistent with the Council's recommendation, a new
management measure that would allow recreational vessels to stop and/or
anchor in Federal waters shoreward of the Recreational RCA line,
provided that no hook-and-line gear is deployed. This management
measure is described in greater detail in the Analysis and below in
section III.N.
NMFS is proposing, consistent with the Council's recommendation,
the continuation of all the same bag and sub-bag limits from 2024 for
the RCG complex, lingcod, Other flatfish, petrale sole, starry
flounder, and California scorpionfish. With the exception of the
seasonal Recreational RCA boundaries described above in table 13, all
other area closures would remain the same as 2024 for 2025-26 (i.e.,
Cordell Bank GCA, YRCAs, GEAs, and EFHCAs).
NMFS is proposing, consistent with the Council's recommendation, to
remove size limit requirements for cabezon, greenlings, and California
scorpionfish. NMFS is also proposing to remove the filet length
requirement for California scorpion fish and modifying the filet
requirements for cabezon, greenlings, California scorpionfish, and
lingcod. Current regulations prohibit fileting cabezon and greenlings
at sea (50 CFR 660.360(c)(3)(ii)(D)) and specify minimum size
requirements (50 CFR 660.360(c)(3)(ii)(C)). California scorpion fish
are allowed to be fileted at sea provided that filets are no smaller
than 5 in (12.8 cm) and bear an intact 1 in (2.6 cm) square patch of
skin (50 CFR 660.360(c)(3)(v)(D)); there is also a minimum size
requirement of 10 in (25 cm) (50 CFR 660.360(c)(3)(v)(C)). Lingcod is
also allowed to be fileted at sea provided that filets are no smaller
than 14 in (36 cm) in length and that each filet bear an intact 1 in
(2.6 cm) square patch of skin. The Council recommended to change these
regulations to remove the size limits and instead allow fishermen to
filet both cabezon and greenlings at sea. In addition, the Council
recommended to remove the size limit for California scorpionfish, and
modify the filet requirements for cabezon, greenlings, California
scorpionfish and lingcod so that the skin is required to be left on the
filet, which would improve the ability for enforcement officers to
distinguish between filets of these four species, which closely
resemble one another. Cabezon, greenling, and California scorpionfish
are commonly captured along with rockfish on recreational trips. Size
limit restrictions and filet regulations prevent commercial passenger
fishing vessel (CPFV) operators and recreational anglers from fileting
all species aboard the vessel at sea since, regulations that require
fish with a size limit, but no filet length requirement, must be landed
whole (50 CFR 660.360(c)(3)(ii)(D)). This process increases time and
cost as anglers need to wait to filet certain species when they return
to port. These changes are anticipated to reduce operational
constraints for CPFVs. See the Council Analytical Document (Agenda Item
F.6 Attachment 2, June 2024) for more information on these proposed
changes.
I. Exempted Fishing Permits
Issuing EFPs is authorized by regulations implementing the MSA at
50 CFR 600.745, which state that EFPs may be used to authorize fishing
activities that would otherwise be prohibited.
At its June 2024 meeting, the Council recommended that NMFS approve
two EFP applications for the 2025 fishing year and preliminarily
approve the EFP applications for the 2026 fishing year. The Council
considers EFP applications concurrently with the biennial harvest
specifications and management process because expected catch under most
EFP projects is included in the catch limits for groundfish stocks. All
of the EFP applications for 2025-26 are renewals from previous biennia.
A summary of each EFP application is provided below:
Groundfish EFP Proposal--Year-round Coastwide Midwater
Rockfish EFP: Monitoring and Minimizing Salmon Bycatch When Targeting
Rockfish in the Shorebased IFQ Fishery, 2025-2026: West Coast Seafood
Processors, Oregon Trawl Commission, Midwater Trawlers Cooperative, and
the Environmental Defense Fund submitted a renewal application to
continue research that has been conducted since 2017; the multi-year
EFP project is collectively referred to as the ``Trawl Gear EFP.'' The
purpose of the EFP is for vessels participating in the West Coast
Groundfish Trawl Rationalization Program's Limited Entry Shorebased IFQ
Program to test whether removing certain gear, time, and area
restrictions may impact the nature and extent of bycatch of protected
and prohibited species (i.e., Chinook salmon, coho, eulachon, and green
sturgeon). The EFP project would require exemptions for vessels fishing
with bottom trawl groundfish gear from: (1) the requirement to use
selective flatfish trawl gear, and the prohibition on using small
footrope gear other than selective flatfish trawl gear between 42[deg]
and 40[deg]10' N lat. and shoreward of the boundary line approximating
the 100 fm depth contour (see 50 CFR 660.130(c)(2)(i) and (c)(2)(ii));
and (2) the requirement that selective flatfish trawl must be a two-
seamed net with no more than two riblines, excluding the codend (see 50
CFR 660.130(b)(1)(ii)(A)). The EFP project would require exemptions for
vessels fishing with midwater trawl groundfish gear from: (1) the
prohibition on fishing outside the primary season dates for the Pacific
whiting IFQ fishery (see 50 CFR 660.112(b)(1)(x) and Sec.
660.130(c)(3)); and (2) the prohibition on fishing south of 40[deg]10'
N lat. shoreward of the boundary line approximating the 150 fm depth
contour (see Sec. 660.130(c)(3)(ii) and (c)(4)(ii)(B)). The EFP
project would require exemptions for vessels fishing with either
midwater or bottom trawl groundfish gear from: (1) the prohibition on
retaining certain prohibited species (see Sec. 660.12 (a)(1)); and (2)
the requirement to discard certain prohibited species at sea (see Sec.
660.140 (g)(1)). If this EFP is approved, NMFS would set a bycatch
limit of 1,000 Chinook salmon north of 42[deg] N lat. and 100 Chinook
salmon south of 42[deg] N lat. for vessels declared into the EFP,
regardless of gear type. If either of these
[[Page 70423]]
bycatch limits are reached, NMFS would revoke the EFP for both gear
types in the respective management area (i.e., north or south of
42[deg] N lat.). Participating vessels would also be required to retain
all salmon (excluding salmon already sampled by NMFS' West Coast
Groundfish Observer Program) until offloading. If approved, NMFS would
authorize up to 60 vessels to participate in the EFP.
Groundfish EFP Proposal--California Department of Fish and
Wildlife 2025-2026 EFP: The CDFW submitted a renewal application for
research that has been conducted since 2021. The purpose of the EFP
project is to collect fishery-dependent biological data for cowcod for
inclusion in future stock assessments. For the 2025-26 biennium, CDFW
added yelloweye rockfish and California quillback rockfish to this
scope to also collect fishery-dependent biological data for these
species. The EFP project would require an exemption from the
prohibition on retention of cowcod, yelloweye rockfish, and California
quillback rockfish in the California recreational fishery (see Sec.
660.360(c)(3)). The EFP would also provide that any cowcod, yelloweye
rockfish, or California quillback rockfish taken and retained would not
count against the recreational bag limit for the aggregate of rockfish,
cabezon, and greenlings. If approved, NMFS would authorize up to 30
vessels that participate in the California recreational CPFV fishery to
retain these species for transfer to CDFW groundfish staff upon
landing.
Neither of these EFP projects request set-asides as off-the-top
deductions from the 2025-26 applicable ACLs. For the Trawl Gear EFP,
landings and discards of IFQ species would be accounted for through the
participating vessel's IFQ. For the CDFW EFP, all mortality is expected
to occur in conjunction with routine recreational fishing activities
and would be calculated as part of the normal recreational catch
estimation process. NMFS would not require 100 percent observer
coverage for vessels participating in the CDFW EFP project because
recreational vessels do not meet the minimum size requirements under
Federal regulations to carry an observer.
NMFS does not expect any impacts to the environment, essential fish
habitat, or protected or prohibited species from these EFPs beyond
those analyzed for the groundfish fishery as a whole in applicable
biological opinions (available at https://www.fisheries.noaa.gov/species/west-coast-groundfish#management), the draft Analysis (see
ADDRESSES), or the EA for the 2018 Trawl Gear EFP dated December 2017
(available at: https://www.fisheries.noaa.gov/region/west-coast).
After publication of this document in the Federal Register, NMFS
may approve and issue permits for the proposed EFP projects for the
2025 fishing year after the close of the public comment period. Both
EFP applications are available under ``Supporting and Related
Materials'' (see ADDRESSES). NMFS will consider comments submitted in
deciding whether to approve the applications as requested. NMFS may
approve the applications in their entirety or may make any alterations
needed to achieve the goals of the EFP projects. NMFS would not issue
another Federal Register notice soliciting public comment on renewing
these EFP projects for 2026 unless: (1) the applicants modify and
resubmit their applications to NMFS; (2) changes to relevant fisheries
regulations warrant a revised set of exemptions authorized under the
EFP projects; or (3) NMFS' understanding of the current biological and
economic impacts from EFP fishing activities substantially changes.
J. Permit Program for the Directed Open Access Fishery Sector
NMFS is proposing, consistent with the Council's recommendation, a
new permit program for the directed OA sector. The directed OA fishery
is defined in 50 CFR 660.11 under ``open access fishery'' and includes
those vessels targeting groundfish pursuant to the OA regulations under
Part 660 subpart F. It does not include vessels that retain groundfish
incidentally to non-groundfish target species (e.g., the salmon troll
fishery, which often retains incidentally caught groundfish).
The purpose of this new management measure is to better track and
account for participation in the directed OA sector, thus enabling the
Council and NMFS to better account for impacts to and from this sector.
The directed OA sector has grown substantially since it was first
established alongside the LE sectors in amendment 6 to the PCGFMP (57
FR 54001; Nov 16 1992). Although the Council can generally identify
participants via landing receipts and declarations, the lack of an
official registry of directed OA participants has created ongoing
challenges with: (1) developing management measures for the directed OA
fishery; (2) communicating new regulations to the directed OA sector
(e.g., the non-trawl logbook), and; (3) the West Coast Groundfish
Observer Program's ability to target and sample specific gear types in
this sector. This permit program would help alleviate these challenges,
as NMFS would have an official list of the participants with their
contact and vessel information, as well as advanced notice of when they
intend to participate in the directed OA fishery. Additionally, the
ability to better tailor observer coverage to this sector would help
verify impacts from non-bottom contact hook-and-line gear types that
were recently approved for use inside the Non-Trawl RCA starting in
2023 (87 FR 77007; January 1, 2023).
The permit program would require vessels that intend to participate
in the directed OA sector to register their information, pay an
administrative fee, and obtain a permit on an annual basis. Permits
would expire on the last day of the birth month of the permit holder.
The number of permits would not be capped. Permits will be assigned to
a vessel owner per vessel (i.e., if an owner intends to use two vessels
in the directed OA fishery, they would need to obtain two permits, one
for each vessel). Applications would be available year-round with an
estimated 2-week turnaround between when an applicant submits a
complete application and when a permit would be issued; therefore,
directed open access participants would need to do some short-term
planning ahead for their participation in the sector. NMFS proposes to
use its existing web-based application with digital submission and
delivery of the permit applications and to allow participants to
provide either digital or paper proof of permit upon request. Required
application information would include vessel ownership documentation
from either the U.S. Coast Guard or state registration form. Permit
lists would be shared with the WCGOP for observer selection purposes.
All permits issued by NMFS carry an administrative cost, per the
requirements for user fees based on the provision of a service. These
costs vary based on the administrative costs of receiving applications,
reviewing applications and any association required documentation, and
issuing permits as a factor of the number of expected applications. The
amount of the fee would be determined in accordance with the NOAA
Finance Handbook available at https://www.corporateservices.noaa.gov/finance/documents/NOAAFinanceHBTOC_09.06.19.pdf and would be specified
on the application form. The fee may not exceed the administrative
costs and must be submitted with the application for the application to
be considered complete. Annual permit fees across West Coast fisheries
currently range from $18 for
[[Page 70424]]
the limited entry drift gillnet permit to $170 for the groundfish
limited entry permit. Permit fees are recalculated on a regular basis
and may decrease after initial implementation due to on-going operating
costs being lower than administrative costs. NMFS expects the cost of
the directed open access permit to be on the lower end of the cost
range.
NMFS may require that fishermen provide vessel monitoring system
(VMS) information during the application process for a directed OA
permit. The purpose of this requirement would be to ensure that all
directed OA permittees are in compliance with VMS regulations. If NMFS
chooses to require VMS information, notification will be provided in
the final rule. NMFS welcomes public comment on this potential
requirement. Additionally, NMFS may also restrict the ability to dual
declare both a directed OA declaration code (codes 33 through 37 at
Sec. 660.13(d)(4)(iv)(A) and an IOA declaration code. The purpose of
this restriction would be to better delineate directed OA fishermen
from IOA fishermen. If NMFS chooses to move forward with this
restriction, additional language would be added to Sec.
660.13(d)(4)(iv) specifying the restriction in the final rule. NMFS
also welcomes public comment on this potential restriction.
When the permit program is established, NMFS will do appropriate
outreach to communicate instructions to the fleet. For more information
on this new management measure see Council Analytical Document (Agenda
Item F.6 Attachment 2, June 2024) and the NMFS report from the June
2024 Council meeting (Agenda Item F.6.a NMFS Report 1, June 2024).
K. Update Electronic Monitoring Program Discard and Retention
Requirements
NMFS is proposing, consistent with the Council's recommendation,
modifications to the regulations pertaining to discard and retention
requirements in the Electronic Monitoring (EM) program for non-IFQ
species, to include sablefish and rex sole, and to exclude California
halibut. An EFP project designed to test EM to determine its efficacy
for monitoring the groundfish trawl fishery and the at-sea Pacific
whiting fishery, in lieu of human observers, occurred from 2015-2023.
During the past 8 years, the Pacific States Marine Fisheries Commission
has conducted video review analysis of EM. Improved catch handling from
vessel crew, as well as the improved ability to reliably identify more
species on camera from video reviewers over time has resulted in the
allowable discards list to expand under the EFP. However,
inadvertently, both sablefish and rex sole have been missing from the
discard list specified in regulation, whereas the Vessel Monitoring
Plan does list these stocks. Additionally, as currently written, the
regulations are in conflict with regard to the rules for California
halibut catch handling. The regulations require vessels to discard the
non-IFQ species California halibut ``except as allowed by state
regulations'' at 50 CFR 660.604(p)(4)(ii), but under 50 CFR
660.604(p)(4)(i), the vessel must retain this species. The addition of
sablefish and rex sole to the existing list in regulations, and
removing California halibut from them, would align current practices
under the EFP.
L. Shortspine Thornyhead Allocation Framework
The Council recommended, and NMFS is proposing, modifying the
allocation framework for shortspine thornyhead. These modifications
would include removing the management line at 34[deg]27' N lat. and
combining the area-specific ACLs, off-the-top deductions, HGs, and
trawl/non-trawl allocations that would have otherwise been assigned
north and south of 34[deg]27' N lat.
Shortspine thornyhead's allocation structure was established via
amendment 21 to the PCGFMP (see pcouncil.org). It has a coastwide OFL
and ABC, and two area-specific ACLs and fishery HGs for north and south
of 34[deg]27' N lat. The ACL apportionment method is based on the
available data (2003-2012) from the NWFSC WCGBT survey at the time of
the previous assessment conducted in 2013, which has resulted in
approximately 70 percent of the biomass estimated north of 34[deg]27' N
lat. for the past 5 years (Agenda Item E.5.a, Supplemental GMT Report
1, November 2023). For north of 34[deg]27' N lat., the trawl sector is
allocated 95 percent of the HG and the non-trawl sector is allocated 5
percent of the HG. For south of 34[deg]27' N lat., the trawl sector is
allocated a fixed 50 mt of the HG, and the non-trawl sector receives
the remainder of the HG. Thus, the percent allocation of each sector's
HG in the area south of 34[deg]27' N lat. has fluctuated from year to
year, depending on the biomass of the stock and resulting ACL and HG.
As a result of the 2023 stock assessment (Agenda Item G.2
Attachment 4, September 2023), which indicates the stock will be in the
precautionary zone, shortspine thornyhead ACLs in the 2025-26 biennium
are expected to be constraining for both the trawl and non-trawl
sectors in the area north of 34[deg]27' N lat. For the trawl sector in
the north, there would be substantial IFQ reductions. For the non-trawl
sector in the north, trip limits for the LEFG fishery would have to be
so low that a targeted fishery is unlikely to be viable. Shortspine
thornyhead has been chronically under-attained in the area south of
34[deg]27' N lat.; therefore, combining the trawl and non-trawl
allocations into coastwide allocations would allow for more flexible
use in issuing trawl quota and setting non-trawl trip limits. The stock
occurs coastwide without known finer-scale population structure. The
separate ACLs are a relic of the management system, rather than a tool
to address any biological or ecological issue. To achieve the proposed
combination, the Council and NMFS would change shortspine thornyhead to
a 2-year allocation species (i.e., trawl/non-trawl allocation amounts
would be set biennially as opposed to specified in the PCGFMP) and set
a coastwide ACL and HG (as opposed to two area-specific ACLs and HGs)
for 2025 and beyond. The trawl/non-trawl allocation at the outset of
the recombination in 2025 would be 64 percent of the HG to the trawl
sector and 36 percent of the HG to the non-trawl sector. For 2026, the
Council recommended that 71 percent of the coastwide HG be allocated to
the trawl sector and 29 percent of the HG be allocated to the non-trawl
sector. These allocation amounts may be revisited by the Council in
future biennia.
Shortspine thornyhead was recently defined as a coastwide stock via
amendment 31 (88 FR 78677; November 16, 2023). Therefore, the removal
of the management line is consistent with the best scientific
information available, which indicates there is no biological need for
different management strategies north and south of 34[deg]27' N lat.
However, recent data from the NWFSC WCGBT survey indicates that
approximately 70 percent of the stock has resided north of 34[deg]27' N
lat. and 30 percent has resided south in the past 5 years, and the
separate ACLs had been apportioned accordingly. Since this new
management measure would create a coastwide allocation, there will
likely be more effort in the area north of 34[deg]27' N lat., than
there otherwise would be if the management line were not removed and
the area-specific ACLs and HGs remained. Consequently, the Council
recommended the continuation of setting different trip limits for the
LEFG and OA fisheries north and south of 34[deg]27' N lat. to maintain
their ability to manage effort in each area. The
[[Page 70425]]
proposed trip limits are provided in table 2b (LEFG) and table 3b (OA)
in the regulatory changes presented in this proposed rule. The Council
also recommended setting an ACT in the area north of 34[deg]27' N lat.
This would provide a mechanism to slow the concentration of effort in
the northern non-trawl fishery. The proposed ACTs for shortspine
thornyhead are 67 mt and 55 mt for 2025 and 2026, respectively. For
more information on this management measure, see the Council Analytical
Document (Agenda Item F.6 Attachment 2, June 2024).
M. Requirement for Recreational Vessels To Possess a Descending Device
NMFS is proposing, consistent with the Council's recommendation, a
new management measure that would require recreational vessels fishing
in Federal waters seaward of Washington, Oregon, or California, to
possess a functional descending device. A descending device is a tool
used to return fish that suffer from barotrauma to depth of capture.
Barotrauma is a condition caused by rapid decompression when a fish is
reeled up from depth (high pressure) to the surface (low pressure),
which can cause multiple physiological changes, notably an inflated
swim bladder. When rockfish suffering from barotrauma are released at
the surface, their ability to return to depth on their own is
compromised due to the inability of the fish to vent the gas from the
swim bladder. This can result in increased mortality, either due to
surface depredation (e.g., from birds, marine mammals, etc.) or
physiological trauma. Returning a fish to depth can reverse the
physiological effects of barotrauma and can reduce mortality of
released fish. Therefore, this new management measure would reduce
mortality of rockfish species in the Pacific Coast groundfish
recreational fisheries by increasing the likelihood that discarded
species will be returned to depth.
The requirement would be one functional descending device per
vessel, regardless of the number of anglers onboard. Although each of
the respective states have their own requirements, those requirements
are only applicable in State waters. This management measure would
apply to any vessel fishing for groundfish under recreational catch
limits in Federal waters, thus creating continuity across state and
Federal regulations. Anglers would be required to present the
descending device at the request of an enforcement officer. For
information on this management measure, see the Analysis.
N. Modification to Continuous Transit Limitations for California
Recreational Vessels
NMFS is proposing, consistent with the Council's recommendation,
modifications to the continuous transit regulations for California
recreational vessels. These changes would allow recreational vessels to
stop and/or anchor in Federal waters shoreward of a Recreational RCA
line, provided that no hook-and-line gear is deployed. At their
September 2023 meeting, the Council recommended that California
recreational fishing vessels be required to fish seaward of the
Recreational RCA line (i.e., the 50 fm depth contour, a management
measure also known as the ``offshore fishery'') for the remainder of
2023, consistent with California state action implemented on August 21,
2023. The purpose of this action was to protect nearshore-dwelling
California quillback rockfish, a stock that was declared overfished by
NMFS in December 2023. Like other groundfish closures that exist in
Federal waters, continuous transit rules apply when a Recreational RCA
line is in effect, which means recreational vessels may only be
transiting shoreward of 50 fm depth contour on their way back to port
(see 50 CFR 660.360(c)(3)(i)(a)). Industry representatives brought up
early concerns that these continuous transit rules, in conjunction with
similar transit rules that were applicable in California state waters
at the time, prevent recreational vessels from: (1) anchoring overnight
on multi-day charter trips, either planned or for safety shoreward of
50 fm (91 m), and (2) anchoring to fish for non-groundfish species
(e.g., lobster or Dungeness crabs with traps) shoreward of 50 fm (91
m). The lack of ability to do these activities creates significant
safety-at-sea concerns and forces charter companies to cancel fishing
trips that typically offer a variety of target species, both groundfish
and non-groundfish (primarily invertebrate targets).
NMFS took temporary emergency action to modify the continuous
transit regulations for the 2024 fishing year (89 FR 22352; April 1,
2024). The Council recommended the same modifications be made permanent
through this action for the 2025-26 biennium and beyond. Similar to the
emergency action (89 FR 22352; April 1, 2024), this new management
measure is expected to prevent the cancellation of thousands of multi-
day or groundfish/non-groundfish recreational fishing trips. For more
information on this management measure, see the Analysis.
O. Change to the Scientific Name of Pacific Sand Lance and the Common
Name of Pacific Spiny Dogfish
NMFS is proposing, consistent with the Council's recommendation,
administrative changes to the regulations that would correct the
scientific name of Pacific sand lance and the common name of Pacific
spiny dogfish. The scientific name for Pacific sand lance at Sec.
660.5(a) is incorrectly listed as Ammodytes hexapterus. The correct
scientific name for this species is Ammodytes personatus. The common
name for spiny dogfish (Squalus suckleyi) has changed to include
``Pacific'' thus the correct common name is Pacific Spiny Dogfish.
P. Rebuilding Plan for California Quillback Rockfish
NMFS is proposing, consistent with the Council's recommendation,
the implementation of a rebuilding plan for quillback rockfish off
California. NMFS declared quillback rockfish off California overfished
in December 2023 in response to a data-moderate assessment conducted by
the NWFSC in 2021 (Agenda Item E.2, Attachment 4, November 2021). When
NMFS declares a stock overfished, the Council must develop and manage
the stock in accordance with a rebuilding plan (50 CFR 600.310(j)),
which must include certain rebuilding parameters, including Tmin, Tmax,
and Ttarget. Tmin means the amount of time the stock or stock complex
is expected to take to rebuild to its MSY biomass level in the absence
of any fishing mortality (50 CFR 600.310(j)(3)(i)(A)). Tmax means the
maximum time for rebuilding a stock or stock complex to its MSY biomass
and can be 10 years or more depending on the value of Tmin (50 CFR
600.310(j)(3)(i)(B)). If Tmin for the stock or stock complex exceeds 10
years, then Tmax must be calculated as Tmin plus the length of time
associated with one generation time for that stock or stock complex.
``Generation time'' is the average length of time between when an
individual is born and the birth of its offspring. Ttarget means the
specified time period for rebuilding a stock that is considered to be
as short a time as possible, taking into account the status and biology
of the overfished stock, the needs of fishing communities,
recommendations by international organizations in which the U.S.
participates, and interaction of the stock within the marine ecosystem
(50 CFR 600.310(j)(3)(i)(C) and 50 CFR 600.310(j)(3)(i)). In March
2024, the Council adopted the California quillback rockfish rebuilding
analysis
[[Page 70426]]
(Agenda Item F.2 Attachment 1, March 2024), which specified the
following rebuilding parameters: Tmin = 2045, Tmax = 2071, and mean
generation time of 26 years. Ttarget (2060) was selected by the Council
based on the chosen rebuilding strategy described below.
To meet rebuilding plan requirements, the Council considered a
range of alternative harvest control rules during the development of
this action (Agenda Item F.6 Supplemental Revised Attachment 3, June
2024). The four harvest control rules considered include: (1)
Alternative 1-ACL SPR = 0.55 < ABC P* 0.45; (2) Alternative 2-the ABC
rule, P* 0.45; (3) Alternative 3-CDFW alternative; and (4) Alternative
4-F = 0. The Council considered but removed Alternative 1 and
Alternative 3 from further consideration at the April 2024 meeting.
Alternative 1 would rebuild the stock by 2071 (Tmax), however, the
Council rejected Alternative 1 as, when compared to Alternative 2,
Alternative 1 delays rebuilding by two years and with a lower
probability of rebuilding (69.4 percent) by Tmax. Alternative 3 was not
selected for further consideration because it failed to meet technical
and legal requirements, as it would result in a catch limit
substantially higher than the SSC-recommended OFL. Alternative 4 (F =
0) represents a harvest strategy that achieves zero fishing mortality
and rebuilds the stock in the minimum amount of time. This strategy has
a 50 percent probability of rebuilding the stock by 2045 and a 99.9
percent probability of rebuilding by 2071 (Tmax); however, to achieve
F=0, all groundfish and non-groundfish fisheries that encounter
California quillback rockfish would need to be closed, which would
cause devastating short-term economic impacts to California fishing
communities. Table 14 below shows what the resulting harvest
specifications would be under each rebuilding strategy for comparison.
Table 14--Harvest Specifications for OFL and ACL Resulting From Rebuilding Strategies Given the Assumed Removals
for 2021-2024
----------------------------------------------------------------------------------------------------------------
Harvest control rule \a\
-----------------------------------------------
Alternative 1 Alternative 2 Alternative 4
CA quillback rockfish -----------------------------------------------
F = 0 (i.e.,
SPR 0.55 ABC rule (P* no fishing
0.45) mortality)
----------------------------------------------------------------------------------------------------------------
2025 OFL/ACL (mt)............................................... 1.52/1.26 1.52/1.30 1.52/0
2026 OFL/ACL (mt)............................................... 1.77/1.47 1.77/1.50 1.81/0
SPR............................................................. 0.55 .............. 1.0
TTARGET......................................................... 2062 2060 2045
TMAX............................................................ 2071 2071 2071
Probability of recovery by TMAX................................. 0.694 0.736 0.999
----------------------------------------------------------------------------------------------------------------
\a\ Alternative 3 is not included in this table because it was not part of the range included in the rebuilding
analysis.
NMFS is proposing, consistent with the Council's recommendation,
the ABC control rule as the rebuilding plan harvest strategy
(Alternative 2). This rebuilding strategy sets the ABC by applying the
maximum management risk tolerance (P* 0.45) and the standard scientific
uncertainty (time-varying [sigma]) reduction to the OFL. As shown in
the Analysis, this rebuilding strategy has a 50 percent probability of
rebuilding the stock by 2060 (Ttarget) and 73.6 percent probability of
rebuilding by 2071. Accordingly, this alternative will rebuild the
stock within the MSA-mandated timeframe, while still providing some
fishing opportunity to meet the needs of the fishing communities.
The Analysis explains that if the rebuilding plan were set to
rebuild the stock as fast as possible (i.e., F = 0), the necessary full
fishery closures across all groundfish fisheries off of California
would devastate numerous fishing businesses and communities. Given the
target length of time to rebuild under the F = 0 strategy, it's likely
that many California communities could lose vital infrastructure that
would impede future engagement in the groundfish fisheries even after
California quillback rockfish was rebuilt. Therefore, the Council
recommended, and NMFS is proposing, slower rebuilding in order to allow
for very limited mortality of co-occurring quillback rockfish, so that
other healthy groundfish targets can be caught in recreational and
commercial fisheries. For additional information on the range of
alternative harvest control rules considered, see the Analysis.
As noted above, the majority of quillback rockfish fishing
mortality occurs in state waters. The proposed rebuilding plan only
applies in the EEZ. NMFS expects to work cooperatively with the CDFW on
any measures the state deems fit to apply in state waters to support
rebuilding throughout the stock's range. Mortality of California
quillback rockfish in state waters will be deducted from the Federal
ACL.
Q. Corrections
This rulemaking proposes minor corrections to the regulations at 50
CFR part 660. These minor corrections are necessary to reduce confusion
and inconsistencies in the regulatory text, alleviate enforcement
challenges, and ensure the regulations accurately implement the
Council's intent.
At Sec. 660.11, NMFS proposes to remove the definition for
``grandfathered or first generation'' because it is a term that is no
longer used in Federal regulations.
At Sec. 660.13, NMFS proposes to make various changes to the non-
trawl logbook regulations. First, at Sec. 660.13(a)(3)(ii)(A) and (B),
NMFS proposes amending the regulations to clarify that information on
setting and retrieving gear must be recorded for every set. The
regulations as written: ``Logbook entries for setting gear, including
vessel information, gear specifications, set date/time/location, must
be completed within 2 hours of setting gear'' have led to enforcement
challenges because some fishermen have interpreted the regulations to
mean that they are only required to record information once all of
their gear is deployed (i.e., if they set a portion of their gear on
one day, and the rest of their gear the next day, they interpret that
to mean the 2-hour requirement starts after the last piece of gear is
set). Amending these regulations will clarify that the 2-hour and 4-
hour requirements for setting and retrieving gear apply to each
individual set. Second, at Sec. 660.13(a)(3)(ii)(A) and (B), NMFS is
[[Page 70427]]
proposing to clarify that all logbook information, whether recorded
inside or outside of the electronic application, must be available at-
sea for review by an enforcement officer. The regulations as written:
``Information recorded outside of the logbook entry must be available
for review at-sea by authorized law enforcement personnel upon
request'' have led to enforcement challenges because some fishermen
have interpreted the regulations to mean they are only required to show
enforcement officers logbook data that they have recorded outside of
the electronic application. Amending these regulations will clarify
that all logbook data, whether recorded in the electronic application
or by some other method, must be available for review by an enforcement
officer. Last, NMFS proposes to remove the paragraph at Sec.
660.13(a)(4), as the non-trawl paper logbook provision will expire at
the end of 2024 and this regulation will no longer be relevant starting
in 2025.
At Sec. 660.55(i)(2), NMFS proposes to clarify that at-sea set-
asides are described in the biennial specifications process and not
``in Tables 1D and 2D of this subpart'' as currently stated.
At Sec. 660.60(c)(1)(i), NMFS proposes to remove the cross
reference to ``(c)(1)(i)(A) and (B) of this section'' as those
references no longer exist.
At Sec. 660.60(g) and Sec. 660.65, NMFS proposes to clarify
language about how catch of groundfish species in state waters is
accounted for under Federal harvest specifications.
At Sec. 660.140(g), NMFS proposes to add a sentence clarifying
that IFQ species with discard mortality rates (DMRs) should be
appropriately accounted for when deducting discard amounts from quota
pounds (QP) in vessel accounts. As currently written, the regulations
state that discarded species must be accounted for and deducted from QP
in vessels accounts, but it does not state that the species with
reduced discard amounts because of DMRs should be accounted for when
deducting discard amounts from QP in vessels accounts. Revising this
regulation would clarify that IFQ species with DMRs should also be
accounted for when deducting discard amounts from QP in vessel
accounts.
At Sec. 660.230 and Sec. 660.330(b), NMFS is proposing to remove
the 25-hook maximum limit on each mainline. As written, the regulations
preclude fishermen from adjusting the number of hooks on mainlines if
they are using fewer than four mainlines. For example, if a fisherman
chooses to only have two mainlines in the water, then the intent of the
regulations is to allow a maximum of 50 hooks on each mainline.
However, as written, the fisherman would still only be able to use 25
hooks per mainline. The gear specifications require that no more than
100 hooks may be in the water, therefore, removing the 25-hook maximum
will not change the intent of the regulations.
At Sec. 660.231, NMFS is proposing to revise the paragraph at
(b)(3)(iv) to improve readability. The purpose of these revisions is to
make the regulatory text less confusing for fishermen and enforcement
to interpret. No substantive changes to this regulation are being
proposed.
IV. Classification
Pursuant to Sec. 304(b)(1)(A) and 305(d) of the MSA, the NMFS
Assistant Administrator has determined that this proposed rule is
consistent with the PCGFMP, other provisions of the MSA, and other
applicable law, subject to further consideration after public comment.
In making its final determination, NMFS will take into account the
complete record, including the data, views, and comments received
during the comment period.
Pursuant to Executive Order 13175, this proposed rule was developed
after meaningful consultation and collaboration with Tribal officials
from the area covered by the PCGFMP. Under the MSA at 16 U.S.C.
1852(b)(5), one of the voting members of the Council must be a
representative of an Indian Tribe with federally recognized fishing
rights from the area of the Council's jurisdiction. In addition,
regulations implementing the PCGFMP establish a procedure by which the
Tribes with treaty fishing rights in the area covered by the PCGFMP
request new allocations or regulations specific to the Tribes, in
writing, before the first of the two meetings at which the Council
considers groundfish management measures. The regulations at 50 CFR
660.50 further direct NMFS to develop Tribal allocations and
regulations in consultation with the affected Tribes. The Tribal
management measures in this proposed rule have been developed following
these procedures. The Tribal representative on the Council made a
motion to adopt the non-whiting Tribal management measures, which was
passed by the Council. Those management measures, which were developed
and proposed by the Tribes, are included in this proposed rule.
This proposed rule has been determined to be not significant for
purposes of Executive Order 12866.
NMFS prepared an Analysis for this action, which addresses the
statutory requirements of the MSA, Presidential Executive Order 12866,
and the RFA. The full suite of alternatives analyzed by the Council can
be found on the Council's website at www.pcouncil.org. NMFS addressed
the statutory requirements of the NEPA through preparation of an EA,
which is included in the Analysis. This action announces a public
comment period on the draft EA (see ADDRESSES).
The Chief Counsel for Regulation of the Department of Commerce
certified to the Chief Counsel for Advocacy of the Small Business
Administration that this proposed rule, if adopted, would not have a
significant economic impact on a substantial number of small entities.
The following small entities may be affected by this action: (1) an
estimated 6 businesses primarily engaged in seafood product preparation
and packaging and employing 750 or fewer persons; (2) an estimated
1,019 commercial fishing businesses with less than $11 million in
annual gross receipts; (3) an estimated 357 charter fishing boats all
of which are assumed to have annual receipts of less than $7.5 million
and are therefore considered to be small businesses; (4) one
governmental jurisdiction, with a population of less than 50,000
persons, and therefore considered small;(5) an estimated five not-for-
profit organizations with combined annual receipts of less than $7.5
million; and (5) an estimated eight small trust, estates, and agency
accounts with annual receipts of less than $32.5 million.
The purpose of this proposed rule is to conserve Pacific Coast
groundfish stocks by preventing overfishing, while still allowing
harvest opportunity among the various fishery sectors. This will be
accomplished by implementing the 2025-26 biennial specifications in the
U.S. EEZ off the West Coast. The harvest specifications affect large
and small entities similarly, and for this biennium, the catch limit
for sablefish (one of the most profitable stocks) is increasing,
providing benefit to all participants. Additionally, this proposed rule
contains new management measures that are likely to benefit vessels.
Specifically, re-combining area-specific allocations for shortspine
thornyhead is expected to relieve economic loss and provide additional
fishing opportunity for non-trawl vessels north of 34[deg]27' N lat.
The recreational sector may benefit from the proposed new management
measure to require descending devices on board fishing vessel. Use of
descending devices is known to reduce discard mortality, which may lead
to potential
[[Page 70428]]
increases in opportunity. Although the continuation of restrictive
management measures to reduce California quillback rockfish mortality
from the 2023-24 biennium are proposed for continuation in the 2025-26
biennium, the Council is proposing a rebuilding plan strategy (i.e.,
ABC Rule) that yields a slower rebuilding timeline than the strategy
with the fastest rebuilding timeline (i.e., F=0) in order to provide
some fishing opportunity for co-occurring species. This is expected to
sustain fishing communities during the rebuilding timeframe that would
otherwise not be possible under the complete fishery closures that
would be necessary under F=0. Based on the rationale above and
contained in the Analysis (see ADDRESSES), NMFS has concluded that this
proposed action would not have a significant economic impact on a
substantial number of small entities. As a result, an initial
regulatory flexibility analysis is not required and none has been
prepared.
This proposed rule contains a collection-of-information requirement
subject to review and approval by the Office of Management and Budget
under the PRA. This proposed rule revises existing requirements for
information collection 0648-0203, Northwest Region Federal Fisheries
Permits. The main change to this collection is the addition of a new
directed groundfish open access fishery permit. The addition of this
permit will increase the number of respondents for this collection by
400 respondents. The public reporting burden for the directed
groundfish open access permit is estimated to average 20 minutes per
respondent, including the time for reviewing instructions, searching
existing data sources, gathering and maintaining the data needed, and
completing and reviewing the collection of information. This results in
an additional 133 hours for the time burden for this collection (1,953
hours to 2,086 hours). The additional permit will also result in
additional labor costs of $2,226.67 and $40,000 in miscellaneous costs
to the public.
NMFS seeks public comment regarding whether this proposed
collection of information is necessary for the proper performance of
the functions of the agency, including whether the information shall
have practical utility. 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. Submit comments on these or any other aspects of the
collection of information at 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.
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, Reporting and recordkeeping requirements.
Dated: August 2, 2024.
Samuel D. Rauch, III,
Deputy Assistant Administrator for Regulatory Programs, National Marine
Fisheries Service.
For the reasons set out in the preamble, NMFS proposes to amend 50
CFR part 660 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.
0
2. Amend part 660 by:
0
a. Removing the word ``non-coop'' and adding in its place the word
``non-cooperative'' wherever it appears;
0
b. Removing the word ``coop's'' and adding in its place the word
``cooperative's'' wherever it appears;
0
c. Removing the name ``nontrawl RCA'' and adding in its place the name
``Non-Trawl RCA'' wherever it appears; and
0
d. Removing the word ``nontrawl'' and adding in its place the word
``non-trawl'' wherever it appears.
0
3. Amend Sec. 660.5 by revising paragraph (a)(3) to read as follows:
Sec. 660.5 Shared Ecosystem Component Species.
(a) * * *
(3) Pacific sand lance (Ammodytes personatus)
* * * * *
0
4. Amend Sec. 660.11:
0
a. In the definition of ``Conservation areas(s)'' by removing paragraph
(1)(v); redesignating paragraphs (1)(vi), (vii), and (viii) as
paragraphs (1)(v), (vi), and (vii); and revising newly redesignated
paragraphs (1)(vi)(A) and (B);
0
b. By removing the definition of ``Grandfathered or first generation'';
0
c. In the definition of ``Groundfish'' by revising paragraphs (1) and
(7); and
0
d. In the definition of ``Open access fishery'' by revising paragraph
(1) and adding paragraph (2).
The revisions and addition read as follows:
Sec. 660.11 General definitions.
* * * * *
Conservation area(s) * * *
(1) * * *
(vi) * * *
(A) Trawl (Limited Entry and Open Access Non-groundfish Trawl
Gears) RCAs. The Trawl RCAs are intended to protect a complex of
species, such as overfished shelf rockfish species, and have boundaries
defined by specific latitude and longitude coordinates approximating
depth contours. Boundaries for the limited entry Trawl RCA throughout
the year are provided in table 1a (North) subpart D of this part.
Boundaries for the open access non-groundfish Trawl RCA throughout the
year are provided in Sec. 660.333(e). Boundaries of the Trawl RCAs may
be modified by NMFS inseason pursuant to Sec. 660.60(c).
(B) Non-Trawl (Limited Entry Fixed Gear and Open Access Non-trawl
Gears) RCAs. Non-Trawl RCAs are intended to protect a complex of
species, such as overfished shelf rockfish species, and have boundaries
defined by specific latitude and longitude coordinates approximating
depth contours. Boundaries for the Non-Trawl RCA throughout the year
are provided in tables 2a (North) and 2a (South) of subpart E of this
part and tables 3a (North) and 3a (South) of subpart F of this part and
may be modified by NMFS inseason pursuant to Sec. 660.60(c).
* * * * *
Groundfish * * *
(1) Sharks: Leopard shark, Triakis semifasciata; soupfin shark,
Galeorhinus zyopterus; Pacific spiny dogfish, Squalus suckleyi.
* * * * *
(7) Rockfish: ``Rockfish'' in the PCGFMP include all genera and
species of the family Scorpaenidae that occur off Washington, Oregon,
and California, even if not listed below, including longspine
thornyhead, Sebastolobus altivelis, and shortspine thornyhead, S.
alascanus. Where species below are listed both in a geographic category
(nearshore, shelf, slope) and as an area-specific listing (north or
south of 40[deg]10' N lat.) those species are managed within a complex
in that area-specific listing.
(i) Nearshore rockfish includes black rockfish, Sebastes melanops
(off Washington and California) and the
[[Page 70429]]
following nearshore rockfish species managed in complexes:
(A) Nearshore Rockfish Complex North of 46[deg]16' N lat.
(Washington): Black and yellow rockfish, S. chrysomelas; blue rockfish,
S. mystinus; brown rockfish, S. auriculatus; calico rockfish, S. dalli;
China rockfish, S. nebulosus; copper rockfish, S. caurinus; deacon
rockfish, S. diaconus, gopher rockfish, S. carnatus; grass rockfish, S.
rastrelliger; kelp rockfish, S. atrovirens; olive rockfish, S.
serranoides; quillback rockfish, S. maliger; treefish, S. serriceps.
(B) Nearshore Rockfish Complex between 46[deg]16' N lat. and
42[deg] N lat. (Oregon): Black and yellow rockfish, S. chrysomelas;
brown rockfish, S. auriculatus; calico rockfish, S. dalli; China
rockfish, S. nebulosus; copper rockfish, S. caurinus; gopher rockfish,
S. carnatus; grass rockfish, S. rastrelliger; kelp rockfish, S.
atrovirens; olive rockfish, S. serranoides; quillback rockfish, S.
maliger; treefish, S. serriceps.
(C) Black/blue/deacon Rockfish Complex between 46[deg]16' N lat.
and 42[deg] N lat. (Oregon): Black rockfish, S. melanops, blue
rockfish, S. mystinus, and deacon rockfish, S. diaconus.
(D) Nearshore Rockfish Complex between 42[deg] N lat. and
40[deg]10' N lat. (northern California): Black and yellow rockfish, S.
chrysomelas; blue rockfish, S. mystinus; brown rockfish, S.
auriculatus; calico rockfish, S. dalli; China rockfish, S. nebulosus;
copper rockfish, S. caurinus; deacon rockfish, S. diaconus, gopher
rockfish, S. carnatus; grass rockfish, S. rastrelliger; kelp rockfish,
S. atrovirens; olive rockfish, S. serranoides; treefish, S. serriceps.
(E) Nearshore Rockfish Complex South of 40[deg]10' N lat. (Southern
California): Nearshore rockfish are divided into three management
categories:
(1) Shallow nearshore rockfish consists of black and yellow
rockfish, S. chrysomelas; China rockfish, S. nebulosus; gopher
rockfish, S. carnatus; grass rockfish, S. rastrelliger; kelp rockfish,
S. atrovirens.
(2) Deeper nearshore rockfish consists of black rockfish, S.
melanops; blue rockfish, S. mystinus; brown rockfish, S. auriculatus;
calico rockfish, S. dalli; copper rockfish, S. caurinus; deacon
rockfish, S. diaconus; olive rockfish, S. serranoides; treefish, S.
serriceps.
(3) California scorpionfish, Scorpaena guttata.
(ii) Shelf rockfish includes bocaccio, Sebastes paucispinis; canary
rockfish, S. pinniger; chilipepper, S. goodei; cowcod, S. levis;
shortbelly rockfish, S. jordani; widow rockfish, S. entomelas;
yelloweye rockfish, S. ruberrimus; yellowtail rockfish, S. flavidus and
the following shelf rockfish species managed in complexes:
(A) Shelf Rockfish Complex North of 40[deg]10' N lat.:
Bronzespotted rockfish, S. gilli; bocaccio, S. paucispinis; chameleon
rockfish, S. phillipsi; chilipepper, S. goodei; cowcod, S. levis; dusky
rockfish, S. ciliatus; dwarf-red rockfish, S. rufianus; flag rockfish,
S. rubrivinctus; freckled rockfish, S. lentiginosus; greenblotched
rockfish, S. rosenblatti; greenspotted rockfish, S. chlorostictus;
greenstriped rockfish, S. elongatus; halfbanded rockfish, S.
semicinctus; harlequin rockfish, S. variegatus; honeycomb rockfish, S.
umbrosus; Mexican rockfish, S. macdonaldi; pink rockfish, S. eos;
pinkrose rockfish, S. simulator; pygmy rockfish, S. wilsoni; redstripe
rockfish, S. proriger; rosethorn rockfish, S. helvomaculatus; rosy
rockfish, S. rosaceus; silvergray rockfish, S. brevispinis; speckled
rockfish, S. ovalis; squarespot rockfish, S. hopkinsi; starry rockfish,
S. constellatus; stripetail rockfish, S. saxicola; sunset rockfish, S.
crocotulus; swordspine rockfish, S. ensifer; tiger rockfish, S.
nigrocinctus; vermilion rockfish, S. miniatus.
(B) Shelf Rockfish Complex South of 40[deg]10' N lat.:
Bronzespotted rockfish, S. gilli; chameleon rockfish, S. phillipsi;
dusky rockfish, S. ciliatus; dwarf-red rockfish, S. rufianus; flag
rockfish, S. rubrivinctus; freckled rockfish, S. lentiginosus;
greenblotched rockfish, S. rosenblatti; greenspotted rockfish, S.
chlorostictus; greenstriped rockfish, S. elongatus; halfbanded
rockfish, S. semicinctus; harlequin rockfish, S. variegatus; honeycomb
rockfish, S. umbrosus; Mexican rockfish, S. macdonaldi; pink rockfish,
S. eos; pinkrose rockfish, S. simulator; pygmy rockfish, S. wilsoni;
redstripe rockfish, S. proriger; rosethorn rockfish, S. helvomaculatus;
rosy rockfish, S. rosaceus; silvergray rockfish, S. brevispinis;
speckled rockfish, S. ovalis; squarespot rockfish, S. hopkinsi; starry
rockfish, S. constellatus; stripetail rockfish, S. saxicola; sunset
rockfish, S. crocotulus; swordspine rockfish, S. ensifer; tiger
rockfish, S. nigrocinctus; vermilion rockfish, S. miniatus; yellowtail
rockfish, S. flavidus.
(iii) Slope rockfish includes darkblotched rockfish, Sebastes
crameri; Pacific ocean perch, S. alutus; splitnose rockfish, S.
diploproa; and the following slope rockfish species managed in
complexes:
(A) Slope Rockfish Complex North of 40[deg]10' N lat.: Aurora
rockfish, S. aurora; bank rockfish, S. rufus; blackgill rockfish, S.
melanostomus; blackspotted rockfish, S. melanostictus; redbanded
rockfish, S. babcocki; rougheye rockfish, S. aleutianus; sharpchin
rockfish, S. zacentrus; shortraker rockfish, S. borealis; splitnose
rockfish, S. diploproa; yellowmouth rockfish, S. reedi.
(B) Slope Rockfish Complex South of 40[deg]10' N lat.: Aurora
rockfish, S. aurora; bank rockfish, S. rufus; blackgill rockfish, S.
melanostomus; blackspotted rockfish, S. melanostictus; Pacific ocean
perch, S. alutus; redbanded rockfish, S. babcocki; rougheye rockfish,
S. aleutianus; sharpchin rockfish, S. zacentrus; shortraker rockfish,
S. borealis; yellowmouth rockfish, S. reedi.
* * * * *
Open access fishery * * *
(1) Directed open access fishery means that a fishing vessel is
target fishing (defined at Sec. 660.11) for groundfish and is only
declared into a directed open access groundfish gear type or sector as
defined in Sec. 660.13(d)(4)(iv)(A). In addition to the requirements
in subpart F of this part, fishing vessels participating in the
directed open access fishery must be registered to a directed open
access permit described at Sec. 660.25(i) and are also subject to the
non-trawl logbook requirement at Sec. 660.13(a)(3).
(2) Incidental open access fishery means that a fishing vessel is
retaining groundfish incidentally to a non-groundfish target species
(see ``Incidental catch or incidental species'').
* * * * *
0
5. Amend Sec. 660.12 by adding paragraph (a)(22) to read as follows:
Sec. 660.12 General groundfish prohibitions.
* * * * *
(a) * * *
(22) Take and retain, possess, or land groundfish in the directed
open access fishery without having a valid directed open access permit
for the vessel.
* * * * *
0
6. Amend Sec. 660.13 by:
0
a. Revising paragraphs (a)(2)(ii) and (a)(3)(ii)(A) and (B);
0
b. Removing paragraph (a)(4); and
0
c. Revising paragraphs (d)(3), (d)(4)(iv) introductory text, and
(d)(4)(iv)(A)(21), (23), and (27) through (29).
The revisions read as follows:
Sec. 660.13 Recordkeeping and reporting.
* * * * *
(a) * * *
(2) * * *
(ii) The limited entry fixed gear trip limit fisheries subject to
the trip limits in tables 2b (North) and 2b (South) to
[[Page 70430]]
subpart E of this part, and primary sablefish fisheries, as defined at
Sec. 660.211; and
* * * * *
(3) * * *
(ii) * * *
(A) Setting gear. Logbook entries for setting gear, including
vessel information, gear specifications, set date/time/location, must
be completed within 2 hours of setting each piece of string or gear.
The authorized representative of each vessel may record or document
this information in a format outside of the electronic logbook
application (e.g., waterproof paper). All logbook information whether
recorded inside or outside of the electronic application must be
available for immediate review by at-sea authorized law enforcement
personnel.
(B) Retrieving gear. Logbook entries for retrieving gear, including
date/time recovered and catch/discard information, must be completed
within 4 hours of retrieving each piece of string or gear. The
authorized representative of each vessel may record or document this
information in a format outside of the electronic logbook application
(e.g., waterproof paper). All logbook information whether recorded
inside or outside of the electronic application must be available for
immediate review by at-sea authorized law enforcement personnel.
* * * * *
(d) * * *
(3) Declaration reports for open access vessels using non-trawl
gear (all types of open access gear other than non-groundfish trawl
gear). The operator of any vessel that is not registered to a limited
entry permit or is registered to a directed open access permit, must
provide NMFS with a declaration report, as specified at paragraph
(d)(4)(iv) of this section, before the vessel leaves port on a trip in
which the vessel is used to take and retain or possess groundfish in
the EEZ or land groundfish taken in the EEZ.
(4) * * *
(iv) Declaration reports will include: The vessel name and/or
identification number, gear type, and monitoring type where applicable,
(as defined in paragraph (d)(4)(iv)(A) of this section). Upon receipt
of a declaration report, NMFS will provide a confirmation code or
receipt to confirm that a valid declaration report was received for the
vessel. Retention of the confirmation code or receipt to verify that a
valid declaration report was filed and the declaration requirement was
met is the responsibility of the vessel owner or operator. Vessels
using non-trawl gear may declare more than one gear type, with the
exception of vessels participating in the Shorebased IFQ Program (i.e.,
gear switching) and those vessels declaring to fish inside the Non-
Trawl RCA with non-bottom contact stationary vertical jig gear or
groundfish troll gear (i.e., if one of these declarations is used, no
other declaration may be made on that fishing trip). For the purpose of
the directed open access permit defined at Sec. 660.65, declaration
codes for the directed open access fishery include codes 33 through 37.
Vessels using trawl gear may only declare one of the trawl gear types
listed in paragraph (d)(4)(iv)(A) of this section on any trip and may
not declare non-trawl gear on the same trip in which trawl gear is
declared.
(A) * * *
(21) Directed open access bottom contact hook-and-line gear for
groundfish (e.g., bottom longline, commercial vertical hook-and-line,
rod and reel, dinglebar) (declaration code 33);
* * * * *
(23) Directed open access groundfish trap or pot gear (declaration
code 34);
* * * * *
(27) Directed open access non-bottom contact hook and line gear for
groundfish (e.g., troll, jig gear, rod & reel gear) (outside the Non-
Trawl RCA only) (declaration code 35);
(28) Directed open access non-bottom contact stationary vertical
jig gear (allowed inside or outside the Non-Trawl RCA) (declaration
code 36);
(29) Directed open access non-bottom contact troll gear (allowed
inside or outside the Non-Trawl RCA) (declaration code 37);
* * * * *
0
7. Amend Sec. 660.14 by revising paragraph (d)(4)(iii) to read as
follows:
* * * * *
(d) * * *
(4) * * *
(iii) Permit exemption. If the limited entry permit had a change in
vessel registration so that it is no longer registered to the vessel
(for the purposes of this section, this includes permits placed into
``unidentified'' status), the vessel may be exempted from VMS
requirements providing the vessel is not used in a fishery requiring
VMS off the States of Washington, Oregon, or California (0-200 nm (5.6-
370.4 km) offshore) for the remainder of the fishing year.
* * * * *
0
8. Amend Sec. 660.25 by adding paragraph (i) to read as follows:
Sec. 660.25 Permits.
* * * * *
(i) Directed open access permit--(1) Permit information. This
section applies to vessels that take and retain, possess, or land
groundfish in the West Coast groundfish directed open access fishery,
as defined in Sec. 660.11 under ``Open Access Fishery''. No person
shall take and retain, possess, or land groundfish as part of the
directed open access fishery, unless the SFD has issued a permit valid
for the groundfish directed open access fishery.
(i) Validity. The following section applies to vessel for permits
under this paragraph (i):
(A) A permit issued under this paragraph (i) is valid only for the
vessel for which it is registered.
(B) A permit issued under this paragraph (i) not registered for use
with a particular vessel is not valid.
(C) Only a person eligible to own a documented vessel under the
terms of 46 U.S.C. 12103 may be issued or may hold a directed open
access vessel permit.
(D) No individual may alter, erase, mutilate, or forge any permit
or document issued under this section. Any such permit or document that
is intentionally altered, erased, mutilated, or forged is invalid.
(ii) Transferability. Permits are not transferable. A permit issued
under this paragraph (i) is valid only for the vessel for which it is
registered. A change in ownership, documentation, or name of the
registered vessel, or transfer of the ownership of the registered
vessel will render the permit invalid.
(A) A vessel owner must contact SFD if the vessel for which the
permit is issued is sold, ownership of the vessel is transferred, the
vessel is renamed, or any other reason for which the documentation of
the vessel is changed as the change may invalidate the current permit.
(B) In the case where a permit is invalidated due to a change in
documentation, a new permit application is required. To submit a new
application, please complete the process outlined below in paragraph
(i)(2) of this section.
(iii) Civil Procedures. SFD may suspend, revoke, or modify any
permit issued under this section under policies and procedures in title
15 CFR part 904, or other applicable regulations in this chapter.
(2) Applications. A vessel owner who wants to engage in the West
Coast groundfish directed open access fishery, as defined in section
Sec. 660.11, must apply for the directed open access
[[Page 70431]]
permit using the application form in paragraph (i)(2)(i) of this
section.
(i) Application form. To apply for a directed open access permit,
an individual must submit a complete permit application to the SFD West
Coast Region through the NOAA Fisheries Pacific Coast Groundfish and
Halibut Portal--Log In web page at https://www.webapps.nwfsc.noaa.gov/apex/ifq/f?p=120:LOGIN_DESKTOP.
(ii) Required documentation. A complete application consists of:
(A) An application form that contains valid responses for all
required data fields, information, and signatures.
(B) A copy of the current (not expired) U.S. Coast Guard
Documentation Form or state registration form for the vessel.
(C) Payment of required fees as required at paragraph (f) of this
section.
(D) Additional documentation SFD may require as it deems necessary
to make a determination on the application.
(iii) Application review, approval or denial, and appeals--(A)
Application review. Applications for groundfish directed open access
permits issued under this paragraph (i) must be received a minimum of
15 days before intending to participate in the fishery to allow for
processing time.
(B) Approved application. SFD shall issue a vessel permit upon
receipt of a completed permit application, including all required
information listed in paragraph (i)(2)(ii) of this section, submitted
through the Pacific Coast Groundfish and Halibut Portal, and a cleared
sanctions check.
(C) Denied application. If the application is denied, SFD will
issue an initial administrative decision (IAD) that will explain the
denial in writing. SFD may decline to act on a permit application that
is incomplete, or if the vessel or vessel owner is subject to sanction
provisions of the Magnuson-Stevens Act at 16 U.S.C. 1858(a) and
implementing regulations at 15 CFR part 904, subpart D.
(D) Appeals. In cases where the applicant disagrees with SFD's
decision on a permit application, the applicant may file an appeal
following the procedures described at paragraph (g) of this section.
(iv) Issuance. Upon review and approval of a directed open access
permit application, SFD will issue a permit under this paragraph (i)
electronically to the permit owner.
(A) Duration. A permit issued under this paragraph (i) is valid
until the first date of renewal. The date of renewal will be the last
day of the vessel owner's birth month, following the year after the
permit is issued (e.g., if the birth month is March and the permit is
issued on October 3, 2024, the permit will remain valid through March
31, 2025). The permit owner is responsible for renewing their directed
open access permit. Any permit not renewed by the renewal date will
expire and is no longer valid.
(B) Display. A copy (electronic or paper) of the permit issued
under this subpart must be available for inspection by an authorized
officer when the vessel is operating in the groundfish open access
fishery, defined at Sec. 660.11.
0
9. Amend Sec. 660.40 by adding paragraph (b) to read as follows:
Sec. 660.40 Rebuilding Plans.
* * * * *
(b) Quillback rockfish off California. Quillback rockfish off
California was declared overfished in 2023. The target year for
rebuilding the California quillback rockfish stock to BMSY
is 2060. The harvest control rule to be used to rebuild the quillback
rockfish stock off California is the ABC Rule (P* 0.45).
0
10. Amend Sec. 660.50 by revising paragraphs (f) and (g) to read as
follows:
Sec. 660.50 Pacific Coast treaty Indian fisheries.
* * * * *
(f) Pacific Coast treaty Indian fisheries allocations, harvest
guidelines, and set-asides. Trip limits for certain species were
recommended by the Tribes and the Council and are specified in
paragraph (g) of this section.
(1) Arrowtooth flounder. The Tribal harvest guideline is 2,041 mt
per year.
(2) Big skate. The Tribal harvest guideline is 15 mt per year.
(3) Black rockfish off Washington. (i) Harvest guidelines for
commercial harvests of black rockfish by members of the Pacific Coast
Indian Tribes using hook-and-line gear will be established biennially
for two subsequent 1-year periods for the areas between the U.S.-
Canadian border and Cape Alava (48[deg]09.50' N lat.) and between
Destruction Island (47[deg]40' N lat.) and Leadbetter Point
(46[deg]38.17' N lat.), in accordance with the procedures for
implementing harvest specifications and management measures. Pacific
Coast treaty Indians fishing for black rockfish in these areas under
these harvest guidelines are subject to the provisions in this section,
and not to the restrictions in subparts C through G of this part.
(ii) For the commercial harvest of black rockfish off Washington
State, a treaty Indian Tribes' harvest guideline is set at 30,000 lb
(13,608 kg) for the area north of Cape Alava, WA (48[deg]09.50' N lat.)
and 10,000 lb (4,536 kg) for the area between Destruction Island, WA
(47[deg]40' N lat.) and Leadbetter Point, WA (46[deg]38.17' N lat.).
This harvest guideline applies and is available to the Pacific Coast
treaty Indian Tribes. There are no Tribal harvest restrictions for
black rockfish in the area between Cape Alava and Destruction Island.
(4) Canary rockfish. The Tribal harvest guideline is 50 mt per
year.
(5) Darkblotched rockfish. The Tribal harvest guideline is 5 mt per
year.
(6) Dover sole. The Tribal harvest guideline is 1,497 mt per year.
(7) English sole. The Tribal harvest guideline is 200 mt per year.
(8) Lingcod. The Tribal harvest guideline is 250 mt per year.
(9) Longnose skate. The Tribal harvest guideline is 220 mt per
year.
(10) Minor nearshore rockfish. The Tribal harvest guideline is 1.5
mt per year.
(11) Minor shelf rockfish. The Tribal harvest guideline is 30 mt
per year.
(12) Minor slope rockfish. The Tribal harvest guideline is 36 mt
per year.
(13) Other flatfish. The Tribal harvest guideline is 60 mt per
year.
(14) Pacific cod. The Tribal harvest guideline is 500 mt per year.
(15) Pacific ocean perch. The Tribal harvest guideline is 130 mt
per year.
(16) Pacific spiny dogfish. The Tribal harvest guideline is 275 mt
per year.
(17) Pacific whiting. The Tribal whiting allocation will be
announced annually in conjunction with the Total Allowable Catch (TAC)
setting process of the Whiting Act.
(18) Petrale sole. The harvest guideline is 290 mt per year.
(19) Sablefish. (i) The sablefish allocation to Pacific coast
treaty Indian Tribes is 10 percent of the sablefish ACL for the area
north of 36[deg]N lat. This allocation represents the total amount
available to the treaty Indian fisheries before deductions for discard
mortality.
(ii) The Tribal allocation is 2,869 mt in 2025 and 2,724 mt in
2026. This allocation is, for each year, 10 percent of the Monterey
through Vancouver area (North of 36[deg]N lat.) ACL, including
estimated discard mortality.
(20) Starry flounder. The Tribal harvest guideline is 2 mt per
year.
(21) Thornyheads. The Tribal harvest guideline for shortspine
thornyhead is 50 mt per year and the Tribal harvest guideline for
longspine thornyhead is 30 mt per year.
(22) Washington cabezon/kelp greenling. The Tribal harvest
guideline is 2 mt per year.
(23) Widow rockfish. Widow rockfish taken in the directed Tribal
midwater trawl fisheries are subject to a catch limit of 200 mt for the
entire fleet, per year.
[[Page 70432]]
(24) Yelloweye rockfish. The Tribal harvest guideline is 8 mt per
year.
(25) Yellowtail rockfish. Yellowtail rockfish taken in the directed
Tribal mid-water trawl fisheries are subject to a catch limit of 1,000
mt for the entire fleet, per year.
(g) Pacific coast treaty Indian fisheries management measures. Trip
limits for certain species were recommended by the Tribes and the
Council and are specified here.
(1) Rockfish. The Tribes will require full retention of all
overfished rockfish species and all other marketable rockfish species
during treaty fisheries.
(2) Yelloweye rockfish. Subject to a 200-lb (90-kg) trip limit.
(3) Pacific whiting. Tribal whiting processed at-sea by non-Tribal
vessels, must be transferred within the Tribal U&A from a member of a
Pacific Coast treaty Indian Tribe fishing under this section.
(4) Groundfish without a Tribal allocation. Makah Tribal members
may use midwater trawl gear to take and retain groundfish for which
there is no Tribal allocation and will be subject to the trip landing
and frequency and size limits applicable to the limited entry fishery.
(5) EFH. Measures implemented to minimize adverse impacts to
groundfish EFH, as described in Sec. 660.12, do not apply to Tribal
fisheries in their U&A fishing areas described at Sec. 660.4, subpart
A.
(6) Small footrope trawl gear. Makah Tribal members fishing in the
bottom trawl fishery may use only small footrope (less than or equal to
8 inches (20.3 cm)) bottom trawl gear.
* * * * *
0
11. Amend Sec. 660.55 by revising table 1 to paragraph (c)(1) and
paragraph (i)(2) to read as follows:
Sec. 660.55 Allocations.
* * * * *
(c) * * *
(1) * * *
Table 1 to Paragraph (c)(1)--Allocation Amounts and Percentages for
Limited Entry Trawl and Non-Trawl Sectors Specified for FMP Groundfish
Stocks and Stock Complexes
------------------------------------------------------------------------
All non-treaty All non-treaty
Stock or complex LE trawl non-trawl
sectors (%) sectors (%)
------------------------------------------------------------------------
Arrowtooth Flounder..................... 95 5
Chilipepper Rockfish S of 40[deg]10' N 75 25
lat....................................
Darkblotched Rockfish................... 95 5
Dover Sole.............................. 95 5
English Sole............................ 95 5
Lingcod N of 40[deg]10' N lat........... 45 55
Longspine Thornyhead N of 34[deg]27' N 95 5
lat....................................
Pacific Cod............................. 95 5
Pacific Ocean Perch..................... 95 5
Sablefish S of 36[deg] N lat............ 42 58
Splitnose Rockfish S. of 40[deg]10' N 95 5
lat....................................
Starry Flounder......................... 50 50
Yellowtail Rockfish N of 40[deg]10' N 88 12
lat....................................
Minor Slope Rockfish North of 40[deg]10' 81 19
N lat..................................
Other Flatfish.......................... 90 10
------------------------------------------------------------------------
* * * * *
(i) * * *
(2) The fishery harvest guideline for Pacific whiting is allocated
among three sectors, as follows: 34 percent for the C/P Co-op Program;
24 percent for the MS Co-op Program; and 42 percent for the Shorebased
IFQ Program. No more than 5 percent of the Shorebased IFQ Program
allocation may be taken and retained south of 42[deg] N lat. before the
start of the primary Pacific whiting season north of 42[deg] N lat.
Specific sector allocations for a given calendar year are found in
tables 1a through c and 2a through c of this subpart. Set-asides for
other species for the at-sea whiting fishery for a given calendar year
are established through the biennial specifications process.
* * * * *
0
12. Amend Sec. 660.60 by revising paragraphs (b)(1), (c) introductory
text, (c)(1)(i), (g), (h)(1), (h)(7)(i)(D), and (h)(7)(ii)(A)(2) to
read as follows:
Sec. 660.60 Specifications and management measures.
* * * * *
(b) * * *
(1) Except for Pacific whiting, every biennium, NMFS will implement
OFLs, ABCs, and ACLs, if applicable, for each species or species group
based on the harvest controls used in the previous biennium (referred
to as default harvest control rules) applied to the best available
scientific information. The default harvest control rules for each
species or species group are listed in the biennial SAFE document. NMFS
may implement OFLs, ABCs, and ACLs, if applicable, that vary from the
default harvest control rules based on a Council recommendation.
* * * * *
(c) Routine management measures. Catch restrictions that are likely
to be adjusted on a biennial, or more frequent, basis may be imposed
and announced by a single notification in the Federal Register, if good
cause exists under the Administrative Procedure Act (APA) to waive
notice and comment, and if they have been designated as routine through
the two-meeting process described in the PCGFMP. Routine management
measures that may be revised during the fishing year, via this process,
are implemented in paragraph (h) of this section, and in subparts C
through G of this part, including tables 1a through 1c, and 2a through
2c to subpart C of this part, tables 1a and 1b (North) and tables 1a
and 1b (South) of subpart D of this part, tables 2a and 2b (North) and
tables 2a and 2b (South) of subpart E of this part, and tables 3a and
3b (North) and tables 3a and 3b (South) of subpart F of this part. Most
trip, bag, and size limits, and some Groundfish Conservation Area
closures in the groundfish fishery have been designated ``routine,''
which means they may be changed rapidly after a single Council meeting.
Council meetings are held in the months of March, April, June,
September, and November. Inseason changes to routine management
measures are announced in the Federal Register pursuant to the
[[Page 70433]]
requirements of the APA. Changes to trip limits are effective at the
times stated in the Federal Register. Once a trip limit change is
effective, it is illegal to take and retain, possess, or land more fish
than allowed under the new trip limit. This means that, unless
otherwise announced in the Federal Register, offloading must begin
before the time a fishery closes or a more restrictive trip limit takes
effect. The following catch restrictions have been designated as
routine:
(1) * * *
(i) Trip landing and frequency limits, size limits, all gear. Trip
landing and frequency limits have been designated as routine for the
following species or species groups: Widow rockfish, canary rockfish,
yellowtail rockfish, Pacific ocean perch, yelloweye rockfish, black
rockfish, blue/deacon rockfish, splitnose rockfish, blackgill rockfish
in the area south of 40[deg]10' N lat., chilipepper, bocaccio, cowcod,
Minor Nearshore Rockfish or shallow and deeper Minor Nearshore
Rockfish, shelf or Minor Shelf Rockfish, and Minor Slope Rockfish;
Dover sole, sablefish, shortspine thornyheads, and longspine
thornyheads; petrale sole, rex sole, arrowtooth flounder, Pacific
sanddabs, big skate, and the Other Flatfish complex, which is composed
of those species plus any other flatfish species listed at Sec.
660.11; Pacific whiting; lingcod; Pacific cod; Pacific spiny dogfish;
longnose skate; cabezon in Oregon and California; and ``Other Fish'' as
defined at Sec. 660.11. In addition to the species and species groups
listed above, sub-limits or aggregate limits may be specified, specific
to the Shorebased IFQ Program, for the following species: big skate,
California skate, California scorpionfish, leopard shark, soupfin
shark, finescale codling, Pacific rattail (grenadier), ratfish, kelp
greenling, shortbelly rockfish, and cabezon in Washington. Size limits
have been designated as routine for sablefish and lingcod. Trip landing
and frequency limits and size limits for species with those limits
designated as routine may be imposed or adjusted on a biennial or more
frequent basis for the purpose of keeping landings within the harvest
levels announced by NMFS.
* * * * *
(g) Applicability. These specifications account for fish caught in
state ocean waters (0-3 nm offshore) though that fishing activity is
governed by the States of Washington, Oregon, and California,
respectively. Catch of a stock in State waters is taken off the top of
the harvest specifications for the stock in the EEZ (3-200 nm (5.6-
370.4 km) offshore).
(h) * * *
(1) Commercial trip limits and recreational bag and boat limits.
Commercial trip limits and recreational bag and boat limits defined in
tables 1a through 2d of this subpart, and those specified in subparts D
through G of this part, including tables 1b (North) and 1b (South) of
subpart D of this part, tables 2b (North) and 2b (South) of subpart E
of this part, and tables 3b (North) and 3b (South) of subpart F of this
part must not be exceeded.
* * * * *
(7) * * *
(i) * * *
(D) Rockfish complexes. Several rockfish species are designated
with species-specific limits on one side of the 40[deg]10' N lat.
management line and are included as part of a rockfish complex on the
other side of the line. A vessel that takes and retains fish from a
rockfish complex (nearshore, shelf, or slope) on both sides of a
management line during a single cumulative limit period is subject to
the more restrictive cumulative limit for that rockfish complex during
that period.
(1) If a vessel takes and retains species from the slope rockfish
complex north of 40[deg]10' N lat., that vessel is also permitted to
take and retain, possess or land splitnose rockfish up to its
cumulative limit south of 40[deg]10' N lat., even if splitnose rockfish
were a part of the landings from slope rockfish complex taken and
retained north of 40[deg]10' N lat.
(2) If a vessel takes and retains species from the slope rockfish
complex south of 40[deg]10' N lat., that vessel is also permitted to
take and retain, possess or land Pacific ocean perch up to its
cumulative limit north of 40[deg]10' N lat., even if Pacific ocean
perch were a part of the landings from slope rockfish complex taken and
retained south of 40[deg]10' N lat.
(ii) * * *
(A) * * *
(2) Vessels with a valid limited entry permit endorsed for bottom
longline and/or pot gear fishing inside the Non-Trawl RCA with
stationary vertical jig gear or groundfish troll gear as defined at
Sec. 660.320(b)(6). Vessels fishing with one of these two approved
hook-and-line gear configurations may fish up to the limited entry
fixed gear trip limits in table 2b (North) and table 2b (South) of
subpart E, either inside or outside the Non-Trawl RCA. This provision
only applies on fishing trips where the vessel made the appropriate
declaration (specified at Sec. 660.13(d)(4)(iv)(A)).
* * * * *
0
13. Revise Sec. 660.65 to read as follows:
Sec. 660.65 Groundfish harvest specifications.
Harvest specifications include OFLs, ABCs, and the designation of
OYs and ACLs. Management measures necessary to keep catch within the
ACL include ACTs, HGs, or quotas for species that need individual
management, the allocation of fishery HGs between the trawl and non-
trawl segments of the fishery, and the allocation of commercial HGs
between the open access and limited entry segments of the fishery.
These specifications account for fish caught in state ocean waters (0-3
nm (0-5.6 km) offshore), though that fishing activity is governed by
the States of Washington, Oregon, and California respectively. Catch of
a stock in State waters is taken off the top of the harvest
specifications for the stock in the EEZ (3-200 nm (5.6-370.4 km)
offshore). Harvest specifications are provided in tables 1a through 2d
of this subpart.
Sec. 660.70 [Amended]
0
14. Amend Sec. 660.70 by removing paragraph (u) and redesignating
paragraph (v) as paragraph (u).
0
15. Amend Sec. 660.72 by revising paragraphs (a)(95) through (100) to
read as follows:
Sec. 660.72 Latitude/longitude coordinates defining the 50 fm (91 m)
through 75 fm (137 m) depth contours.
* * * * *
(a) * * *
(95) 39[deg]32.47' N lat., 123[deg]52.25' W long.;
(96) 39[deg]21.86' N lat., 123[deg]54.13' W long.;
(97) 39[deg]8.35' N lat., 123[deg]49.67' W long.;
(98) 38[deg]57.50' N lat., 123[deg]49.42' W long.;
(99) 38[deg]51.20' N lat., 123[deg]46.09' W long.;
(100) 38[deg]29.47' N lat., 123[deg]20.19' W long.;
* * * * *
0
16. Revise tables 1a through 1c to part 660, subpart C to read as
follows:
[[Page 70434]]
Table 1a to Part 660, Subpart C--2025, Specifications of OFL, ABC, ACL, ACT and Fishery HG (Weights in Metric
Tons). Capitalized Stocks Are Rebuilding
----------------------------------------------------------------------------------------------------------------
Species/stock Area OFL ABC ACL \a\ Fishery HG \b\
----------------------------------------------------------------------------------------------------------------
QUILLBACK ROCKFISH OFF California...... 1.52 1.3 1.3 1.2
CALIFORNIA.
YELLOWEYE ROCKFISH \c\........ Coastwide....... 105.8 87.2 55.8 41
Arrowtooth Flounder........... Coastwide....... 16,460 11,193 11,193 9,098
Big Skate..................... Coastwide....... 1,456 1,224 1,224 1,164.6
Black Rockfish................ Washington (N of 262 244.6 244.6 226
46[deg]16' N
lat.).
Black Rockfish................ California (S of 250 234 224 222.3
42[deg] N lat.).
Bocaccio...................... S of 40[deg]10' 1,849 1,681 1,681 1,673.2
N lat.
Cabezon....................... California (S of 176 162 162 161.2
42[deg] N lat.).
California Scorpionfish....... S of 34[deg]27' 273 244 244 242
N lat.
Canary Rockfish............... Coastwide....... 647 605 572 508.4
Chilipepper................... S of 40[deg]10' 3,128 2,815 2,815 2,788
N lat.
Cowcod........................ S of 40[deg]10' 111 77 77 66.5
N lat.
Cowcod........................ (Conception).... 93 66 66 ..............
Cowcod........................ (Monterey)...... 18 11 11 ..............
Darkblotched Rockfish......... Coastwide....... 830 754 754 729.8
Dover Sole.................... Coastwide....... 52,214 47,424 47,424 45,840
English Sole.................. Coastwide....... 11,175 8,884 8,884 8,669.4
Lingcod....................... N of 40[deg]10' 4,237 3,631 3,631 3,349.9
N lat.
Lingcod....................... S of 40[deg]10' 897 768 748 736.4
N lat.
Longnose Skate................ Coastwide....... 1,922 1,616 1,616 1,365.4
Longspine Thornyhead.......... Coastwide....... 4,284 2,698 2,698 ..............
Longspine Thornyhead.......... N of 34[deg]27' .............. .............. 2,050 2,000.7
N lat.
Longspine Thornyhead.......... S of 34[deg]27' .............. .............. 648 646
N lat.
Pacific Cod................... Coastwide....... 3,200 1,926 1,600 1,098.6
Pacific Ocean Perch........... N of 40[deg]10' 4,029 3,328 3,328 3,182.5
N lat..
Pacific Spiny Dogfish......... Coastwide....... 1,857 1,361 1,361 1,037.6
Pacific Whiting............... Coastwide....... (\d\) (\d\) (\d\) (\d\)
Petrale Sole.................. Coastwide....... 2,518 2,354 2,354 2,035.5
Sablefish..................... Coastwide....... 39,085 36,545 36,545 ..............
Sablefish..................... N of 36[deg] N .............. .............. 28,688 See Table 1c
lat.
Sablefish..................... S of 36[deg] N .............. .............. 7,857 7,829.80
lat.
Shortspine Thornyhead \e\..... Coastwide....... 940 821 815 743.3
Splitnose..................... S of 40[deg]10' 1,724 1,508 1,508 1,493.9
N lat.
Starry Flounder............... Coastwide....... 652 392 392 375.3
Widow Rockfish................ Coastwide....... 12,254 11,237 11,237 11,018.7
Yellowtail Rockfish........... N of 40[deg]10' 6,866 6,241 6,241 5,216.1
N lat.
----------------------------------------------------------------------------------------------------------------
Species/Stock Complexes
----------------------------------------------------------------------------------------------------------------
Blue/Deacon/Black Rockfish.... Oregon.......... 464 423 423 421.7
Cabezon/Kelp Greenling........ Washington...... 19 15 15 12.2
Cabezon/Kelp Greenling........ Oregon.......... 196 177 177 176.1
Nearshore Rockfish North...... N of 40[deg]10' 106 88 88 84.8
N lat.
Nearshore Rockfish South...... S of 40[deg]10' 1,137 934 932 929.3
N lat.
Other Fish.................... Coastwide....... 286 223 223 213.2
Other Flatfish................ Coastwide....... 10,895 7,974 7,974 7,803
Shelf Rockfish North.......... N of 40[deg]10' 1,747 1,392 1,392 1,325.7
N lat.
Shelf Rockfish South.......... S of 40[deg]10' 1,837 1,465 1,464 1,437.9
N lat.
Slope Rockfish North.......... N of 40[deg]10' 1,779 1,488 1,488 1,430
N lat.
Slope Rockfish South.......... S of 40[deg]10' 866 693 693 674
N lat.
----------------------------------------------------------------------------------------------------------------
\a\ Annual catch limits (ACLs), annual catch targets (ACTs) and harvest guidelines (HGs) are specified as total
catch values.
\b\ Fishery HGs means the HG or quota after subtracting Pacific Coast treaty Indian Tribes allocations and
projected catch, projected research catch, deductions for fishing mortality in non-groundfish fisheries, and
deductions for EFPs from the ACL or ACT. These deductions, as well as any HG sharing agreements between states
and/or sectors, are published in the SAFE.
\c\ Yelloweye rockfish has a non-trawl ACT of 29.6 mt and a non-nearshore ACT of 6.2 mt. The recreational ACTs
are: 7.6 mt (Washington), 6.9 mt (Oregon), and 8.9 mt (California).
\d\ Pacific whiting are assessed annually. The final specifications will be determined consistent with the U.S.-
Canada Pacific Whiting Agreement and will be announced in 2025.
\e\ Shortspine thornyhead has a commercial ACT of 67 mt for north of 34[deg]27' N lat.
\f\ Copper rockfish has a recreational ACT of 15.8 for south of 34[deg]27' N lat.
Table 1b to Part 660, Subpart C--2025, Allocations by Species or Species Group
[Weight in metric tons]
--------------------------------------------------------------------------------------------------------------------------------------------------------
Trawl Non-trawl
Species/stock & complexes Area Fishery HG or ---------------------------------------------------------------
ACT % mt % mt
--------------------------------------------------------------------------------------------------------------------------------------------------------
YELLOWEYE ROCKFISH........................ Coastwide................... 41 8 3.3 92 38.5
Arrowtooth flounder....................... Coastwide................... 9,098 95 8,643.1 5 454.9
[[Page 70435]]
Big skate................................. Coastwide................... 1,164.6 95 1,106.4 5 58.2
Bocaccio.................................. S of 40[deg]10' N lat....... 1,673.2 39 652.5 61 1,020.6
Canary rockfish........................... Coastwide................... 508.4 72.3 367.6 27.7 140.8
Chilipepper rockfish...................... S of 40[deg]10' N lat....... 2,788 75 2,091 25 697
Cowcod.................................... S of 40[deg]10' N lat....... 66.5 36 23.90 64 42.6
Darkblotched rockfish..................... Coastwide................... 729.8 95 693.3 5 36.5
Dover sole................................ Coastwide................... 45,840 95 43,459.8 5 2,290.2
English sole.............................. Coastwide................... 8,669.4 95 8,235.9 5 433.5
Lingcod................................... N of 40[deg]10' N lat....... 3,349.9 45 1,507.5 55 1,842.4
Lingcod................................... S of 40[deg]10' N lat....... 736.4 40 294.6 60 441.8
Longnose skate............................ Coastwide................... 1,365.4 90 1,228.9 10 136.5
Longspine thornyhead...................... N of 34[deg]27' N lat....... 2,000.7 95 1,900.7 5 100
Pacific cod............................... Coastwide................... 1,098.6 95 1,043.7 5 54.9
Pacific Ocean perch....................... N of 40[deg]10' N lat....... 3,182.5 95 3,023.4 5 159.1
Pacific whiting........................... Coastwide................... .............. 100 .............. 0 0
Petrale sole.............................. Coastwide................... 2,035.5 .............. 2,005.5 .............. 30
---------------------------------------------------------------
Sablefish................................. N of 36[deg] N lat.......... 25,729.3 See Table 1c
---------------------------------------------------------------
Sablefish................................. S of 36[deg] N lat.......... 7,829.8 42 3,288.5 58 4,541.3
Shortspine thornyhead..................... Coastwide................... 743.3 64 475.71 36 267.59
Splitnose rockfish........................ S of 40[deg]10' N lat....... 1,493.9 95 1,419.2 5 74.7
Starry flounder........................... Coastwide................... 375.3 50 187.7 50 187.7
Widow rockfish............................ Coastwide................... 11,018.7 .............. 10,718.7 .............. 300
Yellowtail rockfish....................... N of 40[deg]10' N lat....... 5,216.1 88 4,590.2 12 625.9
Shelf rockfish north...................... N of 40[deg]10' N lat....... 1,325.7 60.2 798.1 39.8 527.6
Shelf rockfish south...................... S of 40[deg]10' N lat....... 1,437.9 12.2 175.4 87.8 1,262.5
Slope rockfish north...................... N of 40[deg]10' N lat....... 1,430 81 1,158.3 19 271.7
Slope rockfish south...................... S of 40[deg]10' N lat....... 674 63 424.6 37 249.4
Other flatfish............................ Coastwide................... 7,803 90 7,022.7 10 780.3
--------------------------------------------------------------------------------------------------------------------------------------------------------
Table 1c to Part 660, Subpart C--Sablefish North of 36[deg] N Lat.
Allocations, 2025
[Weight in metric tons]
------------------------------------------------------------------------
Allocation
Percent (mt)
------------------------------------------------------------------------
Non-Tribal Commercial HG \a\............ .............. 25,729.3
LE Share................................ 90.6 23,310.7
LE Trawl............................ 58 13,520.2
LEFG................................ 42 9,791.9
Primary......................... 85 8,323.1
Trip limit...................... 15 1,468.8
OA Share................................ 9.4 2,418.6
------------------------------------------------------------------------
\a\ Off-the-top deductions from the ACL that result in the HG are in the
SAFE.
0
17. Revise tables 2a through 2c to part 660, subpart C, to read as
follows:
Table 2a to Part 660, Subpart C--2026, and Beyond, Specifications of OFL, ABC, ACL, ACT, and Fishery HG (Weights
in Metric Tons)
[Capitalized Stocks Are Rebuilding]
----------------------------------------------------------------------------------------------------------------
Species/stock Area OFL ABC ACL \a\ Fishery HG \b\
----------------------------------------------------------------------------------------------------------------
QUILLBACK ROCKFISH OFF California...... 1.77 1.5 1.5 1.4
CALIFORNIA.
YELLOWEYE ROCKFISH \c\........ Coastwide....... 108.3 88.5 56.6 41.8
Arrowtooth Flounder........... Coastwide....... 13,833 9,227 9,227 7,132
Big Skate..................... Coastwide....... 1,426 1,188 1,188 1,128.6
Black Rockfish................ Washington (N of 259 241 241 226.6
46[deg]16' N
lat.).
Black Rockfish................ California (S of 265 247 236 234.4
42[deg] N lat.).
Bocaccio...................... S of 40[deg]10' 1,846 1,668 1,668 1,660.2
N lat.
Cabezon....................... California (S of 170 155 155 154.5
42[deg] N lat.).
California Scorpionfish....... S of 34[deg]27' 267 238 238 236
N lat.
[[Page 70436]]
Canary Rockfish............... Coastwide....... 655 609 573 509.6
Chilipepper Rockfish.......... S of 40[deg]10' 2,949 2,643 2,643 2,615.2
N lat.
Cowcod........................ S of 40[deg]10' 111 75 75 65.2
N lat.
Cowcod........................ (Conception).... 92 64 64 ..............
Cowcod........................ (Monterey)...... 19 11 11 ..............
Darkblotched Rockfish......... Coastwide....... 810 732 732 707.8
Dover Sole.................... Coastwide....... 46,049 42,457 42,457 40,873
English Sole.................. Coastwide....... 11,192 8,819 8,819 8,604.4
Lingcod....................... N of 40[deg]10' 4,163 3,534 3,534 3,252.9
N lat.
Lingcod....................... S of 40[deg]10' 937 795 773 761.5
N lat.
Longnose Skate................ Coastwide....... 1,895 1,579 1,579 1,328.4
Longspine Thornyhead.......... Coastwide....... 4,166 2,575 2,575 ..............
Longspine Thornyhead.......... N of 34[deg]27' .............. .............. 1,957 1,907.3
N lat.
Longspine Thornyhead.......... S of 34[deg]27' .............. .............. 618 616.5
N lat.
Pacific Cod................... Coastwide....... 3,200 1,926 1,600 1,098.6
Pacific Ocean Perch........... N of 40[deg]10' 3,937 3,220 3,220 3,074.5
N lat.
Pacific Spiny Dogfish......... Coastwide....... 1,833 1,318 1,318 994.2
Pacific Whiting............... Coastwide....... (\d\) (\d\) (\d\) (\d\)
Petrale Sole.................. Coastwide....... 2,424 2,255 2,238 1,919.5
Sablefish..................... Coastwide....... 37,310 34,699 34,699 ..............
Sablefish..................... N of 36[deg] N .............. .............. 27,238 See Table 2c
lat.
Sablefish..................... S of 36[deg] N .............. .............. 7,460 7,432.9
lat.
Shortspine Thornyhead \e\..... Coastwide....... 961 831 825 752.7
Splitnose Rockfish............ S of 40[deg]10' 1,686 1,469 1,469 1,454.9
N lat.
Starry Flounder............... Coastwide....... 652 392 392 375.3
Widow Rockfish................ Coastwide....... 11,382 10,392 10,392 10,173.7
Yellowtail Rockfish........... N of 40[deg]10' 6,662 6,023 6,023 4,997.5
N lat.
----------------------------------------------------------------------------------------------------------------
Species/stock Complexes
----------------------------------------------------------------------------------------------------------------
Blue/Deacon/Black Rockfish.... Oregon.......... 472 428 428 426.5
Cabezon/Kelp Greenling........ Washington...... 19 15 15 12.1
Cabezon/Kelp Greenling........ Oregon.......... 194 174 174 173.6
Nearshore Rockfish North...... N of 42[deg] N 105 86 86 83
lat.
Nearshore Rockfish South...... S of 40[deg]10' 1,143 933 931 928.1
N lat.
Other Fish.................... Coastwide....... 286 223 223 212.7
Other Flatfish................ Coastwide....... 9,988 7,144 7,144 6,972.6
Shelf Rockfish North.......... N of 40[deg]10' 1,734 1,379 1,378 1,312.3
N lat.
Shelf Rockfish South.......... S of 40[deg]10' 1,837 1,463 1,463 1,435.7
N lat.
Slope Rockfish North.......... N of 40[deg]10' 1,754 1,460 1,460 1,402.2
N lat.
Slope Rockfish South.......... S of 40[deg]10' 865 690 690 671
N lat.
----------------------------------------------------------------------------------------------------------------
\a\ Annual catch limits (ACLs), annual catch targets (ACTs) and harvest guidelines (HGs) are specified as total
catch values.
\b\ Fishery HGs means the HG or quota after subtracting Pacific Coast treaty Indian Tribes allocations and
projected catch, projected research catch, deductions for fishing mortality in non-groundfish fisheries, and
deductions for EFPs from the ACL or ACT. These deductions, as well as any HG sharing agreements between states
and/or sectors, are published in the SAFE.
\c\ Yelloweye rockfish has a non-trawl ACT of 30.2 mt and a non-nearshore ACT of 6.3 mt. The recreational ACTs
are: 7.7 mt (Washington), 7.0 mt (Oregon), and 9.1 mt (California).
\d\ Pacific whiting are assessed annually. The final specifications will be determined consistent with the U.S.-
Canada Pacific Whiting Agreement and will be announced in 2026.
\e\ Shortspine thornyhead has a commercial ACT of 55 mt for north of 34[deg]27' N lat.
\f\ Copper rockfish has a recreational ACT of 18.0 for south of 34[deg]27' N lat.
Table 2b to Part 660, Subpart C--2026, and Beyond, Allocations by Species or Species Group
----------------------------------------------------------------------------------------------------------------
Trawl Non-trawl
Species/stock & complexes Area Fishery HG or -------------------------------------------------
ACT % mt % mt
----------------------------------------------------------------------------------------------------------------
YELLOWEYE ROCKFISH........... Coastwide...... 41.8 8 3.3 92 38.5
Arrowtooth flounder.......... Coastwide...... 7,132 95 6,775.4 5 356.6
Big skate.................... Coastwide...... 1,128.6 95 1,072.2 5 56.4
Bocaccio..................... S of 40[deg]10' 1,660.2 39 647.5 61 1,012.7
N lat.
Canary rockfish.............. Coastwide...... 509.6 72.3 368.4 27.7 141.2
Chilipepper rockfish......... S of 40[deg]10' 2,615.2 75 1,961.4 25 653.8
N lat.
Cowcod....................... S of 40[deg]10' 65.2 36 23.5 64 41.7
N lat.
Darkblotched rockfish........ Coastwide...... 707.8 95 672.4 5 35.4
Dover sole................... Coastwide...... 40,873 95 38,829.4 5 2,043.7
English sole................. Coastwide...... 8,604.4 95 8,174.2 5 430.2
Lingcod...................... N of 40[deg]10' 3,252.9 45 1,463.8 55 1,789.1
N lat.
Lingcod...................... S of 40[deg]10' 761.5 40 304.6 60 456.9
N lat.
[[Page 70437]]
Longnose skate............... Coastwide...... 1,328.4 90 1,195.6 10 132.8
Longspine thornyhead......... N of 34[deg]27' 1,907.3 95 1,811.9 5 95.4
N lat.
Pacific cod.................. Coastwide...... 1,098.6 95 1,043.7 5 54.9
Pacific Ocean perch.......... N of 40[deg]10' 3,074.5 95 2,920.8 5 153.7
N lat.
Pacific whiting.............. Coastwide...... .............. 100 0.0 ....... 0
Petrale sole................. Coastwide...... 1,919.5 ....... 1,889.5 ....... 30
-------------------------------------------------
Sablefish.................... N of 36[deg] N 24,425.1 See Table 2c
lat.
-------------------------------------------------
Sablefish.................... S of 36[deg] N 7,432.9 42 3,121.8 58 4,311.1
lat.
Shortspine thornyhead........ Coastwide...... 752.7 71 534.4 29 218.3
Splitnose rockfish........... S of 40[deg]10' 1,454.9 95 1,382.2 5 72.7
N lat.
Starry flounder.............. Coastwide...... 375.3 50 187.7 50 187.7
Widow rockfish............... Coastwide...... 10,173.7 ....... 9,873.7 ....... 300
Yellowtail rockfish.......... N of 40[deg]10' 4,997.5 88 4,397.8 12 599.7
N lat.
Shelf rockfish north......... N of 40[deg]10' 1,312.3 60.2 790 39.8 522.3
N lat.
Shelf rockfish south......... S of 40[deg]10' 1,435.7 12.2 172.2 87.8 1,260.5
N lat.
Slope rockfish north......... N of 40[deg]10' 1,402.2 81 1,135.8 19 266.4
N lat.
Slope rockfish south......... S of 40[deg]10' 671 63 422.7 37 248.3
N lat.
Other flatfish............... Coastwide...... 6,972.6 90 6,275.3 10 697.3
----------------------------------------------------------------------------------------------------------------
Table 2c to Part 660, Subpart C--Sablefish North of 36[deg] N Lat.
Allocations, 2026 and Beyond
[Weights in Metric Tons]
------------------------------------------------------------------------
Allocation
Percent (mt)
------------------------------------------------------------------------
Non-Tribal Commercial HG \a\............ .............. 24,425.1
LE Share................................ 90.6 22,129.1
LE Trawl............................ 58 12,834.9
LEFG................................ 42 9,294
Primary......................... 85 7,899.9
Trip limit...................... 15 1,394.1
OA Share................................ 9.4 2,296
------------------------------------------------------------------------
\a\ Off-the-top deductions from the ACL that result in the HG are in the
SAFE.
0
18. Amend Sec. 660.111 by revising the definition of ``Block area
closures or BACs'' to read as follows:
Sec. 660.111 Trawl fishery--definitions.
* * * * *
Block area closures or BACs are a type of groundfish conservation
area, defined at Sec. 660.11, bounded on the north and south by
commonly used geographic coordinates, defined at Sec. 660.11, and on
the east and west by the EEZ, and boundary lines approximating depth
contours, defined with latitude and longitude coordinates at Sec. Sec.
660.71 through 660.74 (10 fm (18 m) through 250 fm (457 m)), and Sec.
660.76 (700 fm (1,280 m)). BACs may be implemented or modified as
routine management measures, per regulations at Sec. 660.60(c). BACs
may be implemented in the EEZ seaward of Washington, Oregon, and
California for vessels using limited entry bottom trawl and/or midwater
trawl gear. BACs may be implemented within Tribal Usual and Accustomed
fishing areas but may only apply to non-Tribal vessels. BACs may close
areas to specific trawl gear types (e.g., closed for midwater trawl,
bottom trawl, or bottom trawl unless using selective flatfish trawl)
and/or specific programs within the trawl fishery (e.g., Pacific
whiting fishery or MS Co-op Program). BACs may vary in their geographic
boundaries and duration. Their geographic boundaries, applicable gear
type(s) and/or specific trawl fishery program, and effective dates will
be announced in the Federal Register. BACs may have a specific
termination date as described in the Federal Register or may be in
effect until modified. BACs that are in effect until modified by
Council recommendation and subsequent NMFS action are set out in tables
1a (North) and 1a (South) of this subpart.
* * * * *
0
19. Amend Sec. 660.130 by:
0
a. Revising paragraphs (a), (c) introductory paragraph, and (c)(4);
0
c. Removing paragraph (e)(2);
0
d. Redesignating paragraphs (e)(3) through (8) as (e)(2) through (7);
and
0
e. Revising newly redesignated paragraph (e)(3) introductory text.
The revisions read as follows:
Sec. 660.130 Trawl fishery--management measures.
(a) General. This section applies to the limited entry trawl
fishery. Most species taken in the limited entry trawl fishery will be
managed with quotas (see Sec. 660.140), allocations or set-asides (see
Sec. 660.150 or Sec. 660.160), or cumulative trip limits (see trip
limits in tables 1b (North) and 1b (South) of this subpart), size
limits (see Sec. 660.60(h)(5)), seasons (see Pacific whiting at Sec.
660.131(b)), gear restrictions (see paragraphs (b) and (c) of this
section) and closed areas (see paragraphs (c) and (e) of this section
and Sec. Sec. 660.70 through 660.79). The limited entry trawl fishery
has gear requirements and harvest limits that differ by the type of
groundfish trawl gear on board and the area fished. Groundfish vessels
operating south of Point Conception must adhere to CCA restrictions
(see paragraph (e)(1) of this section and Sec. 660.70). The trip
limits in tables 1b (North) and 1b (South) of this subpart apply to
vessels participating in
[[Page 70438]]
the limited entry trawl fishery and may not be exceeded. Federal
commercial groundfish regulations are not intended to supersede any
more restrictive state commercial groundfish regulations relating to
federally managed groundfish.
* * * * *
(c) Restrictions by limited entry trawl gear type. Management
measures may vary depending on the type of trawl gear (i.e., large
footrope, small footrope, selective flatfish, or midwater trawl gear)
used and/or on board a vessel during a fishing trip, cumulative limit
period, and the area fished. Trawl nets may be used on and off the
seabed. For some species or species groups, tables 1b (North) and 1b
(South) of this subpart provide trip limits that are specific to
different types of trawl gear: Large footrope, small footrope
(including selective flatfish), selective flatfish, midwater, and
multiple types. If tables 1a (North), 1b (North), 1a (South), and 1b
(South) of this subpart provide gear specific limits or closed areas
for a particular species or species group, prohibitions at Sec. Sec.
660.12 and 660.112(a)(5) apply. Additional conservation areas
applicable to vessels registered to limited entry permits with trawl
endorsements are listed at paragraph (e) of this section.
* * * * *
(4) More than one type of trawl gear on board. The trip limits in
table 1b (North) or 1b (South) of this subpart must not be exceeded. A
vessel may not have both groundfish trawl gear and non-groundfish trawl
gear onboard simultaneously. A vessel may have more than one type of
limited entry trawl gear on board (midwater, large or small footrope,
including selective flatfish trawl), either simultaneously or
successively, during a cumulative limit period except between 42[deg] N
lat. and 40[deg]10' N lat. as described in this section. If a vessel
fishes both north and south of 40[deg]10' N lat. with any type of small
or large footrope gear onboard the vessel at any time during the
cumulative limit period, the most restrictive cumulative limit
associated with the gear on board would apply for that trip and all
catch would be counted toward that cumulative limit (see crossover
provisions at Sec. 660.60(h)(7)). When operating in an applicable GCA,
all trawl gear must be stowed, consistent with prohibitions at Sec.
660.112(a)(5)(i), unless authorized in this section.
* * * * *
(e) * * *
(3) Trawl RCA. This GCA is off the coast of Washington, between the
US/Canada border and 46[deg]16' N lat. Boundaries for the trawl RCA
applicable to groundfish trawl vessels throughout the year are provided
in the header to table 1a (North) of this subpart and may be modified
by NMFS inseason pursuant to Sec. 660.60(c). Prohibitions at Sec.
660.112(a)(5) do not apply under the following conditions and when the
vessel has a valid declaration for the allowed fishing:
* * * * *
0
20. Amend Sec. 660.131 by revising paragraphs (b)(3) introductory text
and (g)(2) to read as follows:
Sec. 660.131 Pacific whiting fishery management measures.
* * * * *
(b) * * *
(3) Pacific whiting trip limits. For Shorebased IFQ Program vessels
targeting Pacific whiting outside the primary season, the ``per trip''
limit for whiting is announced in table 1b of this subpart. The per-
trip limit is a routine management measure under Sec. 660.60(c). This
trip limit includes any whiting caught shoreward of 100 fm (183 m) in
the Eureka management area. The per-trip limit for other groundfish
species are announced in tables 1b (North) and 1b (South) of this
subpart and apply as follows:
* * * * *
(g) * * *
(2) The amount of whole whiting on board does not exceed the trip
limit (if any) allowed under Sec. 660.60(c) or table 1b (North) or 1b
(South) in subpart D.
* * * * *
0
21. Amend Sec. 660.140 by revising table 1 to paragraph (d)(1)(ii)(D)
and paragraph (g) to read as follows:
Sec. 660.140 Shorebased IFQ Program.
* * * * *
(d) * * *
(1) * * *
(ii) * * *
(D) * * *
Table 1 to Paragraph (d)(1)(ii)(D)--Shorebased Trawl Allocations for 2025 and 2026
----------------------------------------------------------------------------------------------------------------
2025 2026
Shorebased Shorebased
IFQ species Area trawl trawl
allocation allocation
(mt) (mt)
----------------------------------------------------------------------------------------------------------------
YELLOWEYE ROCKFISH............................ Coastwide....................... 3.3 3.4
Arrowtooth flounder........................... Coastwide....................... 8,573 6,705
Bocaccio...................................... South of 40[deg]10' N lat....... 653 648
Canary rockfish............................... Coastwide....................... 348 347
Chilipepper rockfish.......................... South of 40[deg]10' N lat....... 2,091 1,961
Cowcod........................................ South of 40[deg]10' N lat....... 24 23
Darkblotched rockfish......................... Coastwide....................... 593 572
Dover sole.................................... Coastwide....................... 43,538 38,819
English sole.................................. Coastwide....................... 8,236 8,174
Lingcod....................................... North of 40[deg]10' N lat....... 1,503 1,449
Lingcod....................................... South of 40[deg]10' N lat....... 295 305
Longspine thornyhead.......................... North of 34[deg]27' N lat....... 1,901 1,812
Pacific cod................................... Coastwide....................... 1,044 1,044
Pacific ocean perch........................... North of 40[deg]10' N lat....... 2,723 2,621
Pacific whiting \a\........................... Coastwide....................... TBD TBD
Petrale sole.................................. Coastwide....................... 2,001 1,885
Sablefish..................................... North of 36[deg] N lat.......... 13,091 13,091
Sablefish..................................... South of 36[deg] N lat.......... 3,289 3,289
Shortspine thornyhead......................... Coastwide....................... 406 464
Splitnose rockfish............................ South of 40[deg]10' N lat....... 1,419 1,382
Starry flounder............................... Coastwide....................... 188 188
Widow rockfish................................ Coastwide....................... 10,243 9,398
Yellowtail rockfish........................... North of 40[deg]10' N lat....... 4,230 4,038
Other Flatfish complex........................ Coastwide....................... 6,922 6,175
[[Page 70439]]
Shelf Rockfish complex........................ North of 40[deg]10' N lat....... 763 755
Shelf Rockfish complex........................ South of 40[deg]10' N lat....... 175 175
Slope Rockfish complex........................ North of 40[deg]10' N lat....... 858 836
Slope Rockfish complex........................ South of 40[deg]10' N lat....... 425 423
----------------------------------------------------------------------------------------------------------------
\a\ Managed through an international process. These allocations will be updated when announced.
* * * * *
(g) Retention and disposition requirements--(1) General. Shorebased
IFQ Program vessels may discard IFQ species/species groups, provided
such discards are accounted for and deducted from QP in the vessel
account. The discard mortality for those species with discard mortality
rates must be accounted for and applied to QP in the vessel account.
With the exception of vessels on a declared Pacific whiting IFQ trip
and engaged in maximized retention, and vessels fishing under a valid
EM Authorization in accordance with Sec. 660.604, prohibited and
protected species (except short-tailed albatross as directed by Sec.
660.21(c)(1)(v)) must be discarded at sea. Pacific halibut must be
discarded as soon as practicable and the discard mortality must be
accounted for and deducted from IBQ pounds in the vessel account. Non-
IFQ species and non-groundfish species may be discarded at sea, unless
otherwise required by EM Program requirements at Sec. 660.604. The
sorting of catch, the weighing and discarding of any IBQ and IFQ
species, and the retention of IFQ species must be monitored by the
observer or EM system.
* * * * *
Tables 1 (North) and 2 (South) to Part 660, Subpart D--[Removed]
0
22. Remove tables 1 (North) and 2 (South) to part 660, subpart D.
0
23. Add tables 1a (North), 1b (North), 1a (South), and 1b (South) to
part 660, subpart D to read as follows:
Table 1a (North) to Part 660, Subpart D--Limited Entry Trawl Rockfish
Conservation Areas for North of 40[deg]10' N Lat.
Note 1 to table 1a (North): The Trawl RCA is an area closed to
fishing with groundfish trawl gear, as defined at Sec. 660.11.
Trawl RCA boundaries apply in the EEZ only; see appropriate state
regulations for state closures. Trawl RCA boundaries or Block Area
Closures (BACs) may be revised or implemented via inseason action;
therefore, users should refer back to this table throughout the
year. Vessels fishing groundfish trawl quota pounds with groundfish
non-trawl gears, under gear switching provisions at Sec. 660.140,
are subject to the limited entry fixed gear Non-Trawl RCA, as
described in tables 2a (North) and 2a (South) to part 660, subpart
E.
------------------------------------------------------------------------
Latitude Boundary
------------------------------------------------------------------------
North of 46[deg]16' N lat: 100 fm line-150 fm line.
46[deg]16' N lat-40[deg]10' N lat BACs may be implemented and
will be announced in the
Federal Register.
------------------------------------------------------------------------
Table 1b (North) to Part 660, Subpart D--Landing Allowances for Non-IFQ
Species and Pacific Whiting North of 40[deg]10' N Lat.
Note 1 to table 1b (North): This table describes incidental
landing allowances for vessels registered to a Federal limited entry
trawl permit. Trip limits apply in the EEZ only; see appropriate
state regulations for state trip limits. Trip limits are effective
year-round unless otherwise specified for different cumulative
periods (defined at Sec. 660.11 under ``Trip limits''). Trip limits
are effective from the U.S.-Canada border to 40[deg]10' N lat.
unless otherwise specified via latitudinal or state subdivisions in
this table. Stock complexes are defined at Sec. 660.11 under
``Groundfish''. Trip limits may be revised via inseason action;
therefore, users should refer back to this table throughout the
year. To convert pounds to kilograms, divide the weight in pounds by
2.20462. The resulting quotient is the weight in kilograms. See
provisions at Sec. 660.130 for gear restrictions and requirements
by area. Vessels fishing groundfish trawl quota pounds with
groundfish non-trawl gears, under gear switching provisions at Sec.
660.140, are subject to the limited entry groundfish trawl fishery
landing allowances in this table, regardless of the type of fishing
gear used.
------------------------------------------------------------------------
Species Trip limit
------------------------------------------------------------------------
Big skate......................... Unlimited.
Cabezon (California).............. 50 lb/month.
Longnose skate.................... Unlimited.
Nearshore rockfish complex, 300 lb/month.
Washington black rockfish and
Oregon black/blue/deacon rockfish.
Oregon cabezon/kelp greenling 50 lb/month.
complex.
Other fish........................ Unlimited.
Pacific Spiny Dogfish............. 60,000 lb/month.
Pacific whiting--Midwater Trawl... Before the primary whiting season:
CLOSED.
During the primary whiting season:
mid-water trawl permitted in the
RCA. See Sec. 660.131 for season
and trip limit details.
After the primary whiting season:
CLOSED.
Pacific whiting--Large & Small Before the primary whiting season:
Footrope Gear. 20,000 lb/trip.
During the primary whiting season:
10,000 lb/trip.
After the primary whiting season:
10,000 lb/trip.
Pacific whiting--Eureka Management No more than 10,000 lb of whiting
Area. may be taken and retained,
possessed, or landed by a vessel
that, at any time during the
fishing trip, fished in the fishery
management area shoreward of 100 fm
contour (see Sec. 660.131(d)).
------------------------------------------------------------------------
[[Page 70440]]
Table 1a (South) to Part 660, Subpart D--Limited Entry Trawl Rockfish
Conservation Areas for South of 40[deg]10' N Lat.
Note 1 to table 1a (South): The Trawl RCA is an area closed to
fishing with groundfish trawl gear, as defined at Sec. 660.11.
Trawl RCA boundaries apply in the EEZ only; see appropriate state
regulations for state closures. Trawl RCA boundaries or Block Area
Closures (BACs) may be revised or implemented via inseason action;
therefore, users should refer back to this table throughout the
year. Vessels fishing groundfish trawl quota pounds with groundfish
non-trawl gears, under gear switching provisions at Sec. 660.140,
are subject to the limited entry fixed gear Non-Trawl RCA, as
described in tables 2a (North) and 2a (South) to part 660, subpart
E.
------------------------------------------------------------------------
Latitude Boundary
------------------------------------------------------------------------
South of 40[deg]10' N lat.:....... BACs may be implemented and will be
announced in the Federal Register.
------------------------------------------------------------------------
Table 1b (South) to Part 660, Subpart D--Landing Allowances for Non-IFQ
Species and Pacific Whiting South of 40[deg]10' N Lat.
Note 1 to table 1b (South): This table describes incidental
landing allowances for vessels registered to a Federal limited entry
trawl permit. Trip limits apply in the EEZ only; see appropriate
state regulations for state trip limits. Trip limits are effective
year-round unless otherwise specified for different cumulative
periods (defined at Sec. 660.11 under ``Trip limits''). Trip limits
are effective from 40[deg]10' N lat. to the U.S.-Mexico border
unless otherwise specified via latitudinal or state subdivisions in
this table. Stock complexes are defined at Sec. 660.11 under
``Groundfish''. Trip limits may be revised via inseason action;
therefore, users should refer back to this table throughout the
year. To convert pounds to kilograms, divide the weight in pounds by
2.20462. The resulting quotient is the weight in kilograms. See
provisions at Sec. 660.130 for gear restrictions and requirements
by area. Vessels fishing groundfish trawl quota pounds with
groundfish non-trawl gears, under gear switching provisions at Sec.
660.140, are subject to the limited entry groundfish trawl fishery
landing allowances in this table, regardless of the type of fishing
gear used.
------------------------------------------------------------------------
Species Trip limit
------------------------------------------------------------------------
Big skate......................... Unlimited.
Blackgill rockfish................ Unlimited.
Cabezon........................... 50 lb/month.
California scorpionfish........... Unlimited.
Longnose skate.................... Unlimited.
Longspine thornyhead.............. 24,000 lb/2 months.
(south of 34[deg] 27' N lat.).....
Nearshore rockfish complex, 300 lb/month.
Washington black rockfish and
Oregon black/blue/deacon rockfish.
Other fish........................ Unlimited.
Pacific Spiny Dogfish............. 60,000 lb/month.
Pacific whiting--Midwater Trawl... During the primary whiting season:
allowed seaward of the Trawl RCA;
prohibited within and shoreward of
the Trawl RCA.
Pacific whiting--Large & Small Before the primary whiting season:
Footrope Gear. 20,000 lb/trip.
During the primary whiting season:
10,000 lb/trip.
After the primary whiting season:
10,000 lb/trip.
------------------------------------------------------------------------
0
24. Amend Sec. 660.230 by:
0
a. Revising paragraphs (a) and (b)(6)(i)(B);
0
b. Removing paragraph (d)(15); and
0
c. Redesignating paragraphs (d)(16) and (17) as paragraphs (d)(15) and
(16).
The revisions read as follows:
Sec. 660.230 Fixed gear fishery--management measures.
(a) General. Most species taken in limited entry fixed gear
(longline and pot/trap) fisheries will be managed with cumulative trip
limits (see trip limits in tables 2b (North) and 2b (South) of this
subpart), size limits (see Sec. 660.60(h)(5)), seasons (see trip
limits in tables 2b (North) and 2b (South) of this subpart and
sablefish primary season details in Sec. 660.231), gear restrictions
(see paragraph (b) of this section), and closed areas (see paragraph
(d) of this section and Sec. Sec. 660.70 through 660.79). Cowcod,
yelloweye, and California quillback rockfish retention is prohibited in
all fisheries, and groundfish vessels operating south of Point
Conception must adhere to GEA restrictions (see paragraph (d)(16) of
this section and Sec. 660.70). Regulations governing tier limits for
the limited entry fixed gear sablefish primary season north of 36[deg]N
lat. are found in Sec. 660.231. Vessels not participating in the
sablefish primary season are subject to daily or weekly sablefish
limits in addition to cumulative limits for each cumulative limit
period. Only one sablefish landing per week may be made in excess of
the daily trip limit and, if the vessel chooses to make a landing in
excess of that daily trip limit, then that is the only sablefish
landing permitted for that week. The trip limit for black rockfish
caught with hook-and-line gear also applies, see paragraph (e) of this
section. The trip limits in tables 2b (North) and 2b (South) of this
subpart apply to vessels participating in the limited entry groundfish
fixed gear fishery and may not be exceeded.
(b) * * *
(6) * * *
(i) * * *
(B) No more than four vertical mainlines attached to or fished from
the vessel (e.g., rod and reel) may be used in the water at one time.
* * * * *
0
25. Amend Sec. 660.231 by revising paragraphs (b)(3)(i) and (iv) to
read as follows:
Sec. 660.231 Limited entry fixed gear sablefish primary fishery.
* * * * *
(b) * * *
(3) * * *
(i) A vessel participating in the primary season will be
constrained by the sablefish cumulative limit associated with each of
the permits registered for use with that vessel. During the primary
season, each vessel authorized to fish in that season under paragraph
(a) of this section may take, retain, possess, and land sablefish, up
to the cumulative limits for each of the permits registered for use
with that
[[Page 70441]]
vessel (i.e., stacked permits). If multiple limited entry permits with
sablefish endorsements are registered for use with a single vessel,
that vessel may land up to the total of all cumulative limits announced
in this paragraph for the tiers for those permits, except as limited by
paragraph (b)(3)(ii) of this section. Up to three permits may be
registered for use with a single vessel during the primary season;
thus, a single vessel may not take and retain, possess or land more
than three primary season sablefish cumulative limits in any one year.
A vessel registered for use with multiple limited entry permits is
subject to per vessel limits for species other than sablefish, and to
per vessel limits when participating in the daily trip limit fishery
for sablefish under Sec. 660.232. In 2025, the following annual limits
are in effect: Tier 1 at 246,824 lb (111,957 kg), Tier 2 at 112,193 lb
(50,890 kg), and Tier 3 at 64,110 lb (29,080 kg). In 2026 and beyond,
the following annual limits are in effect: Tier 1 at 234,312 lb
(106,282 kg), Tier 2 at 106,506 lb (48,310 kg), and Tier 3 at 60,860 lb
(27,606 kg).
* * * * *
(iv) Incidental Pacific halibut retention north of Pt. Chehalis, WA
(46[deg]53.30' N lat.). Pacific halibut may be retained north of Pt
Chehalis by vessels participating in the sablefish primary fishery with
the requisite Pacific halibut commercial fishery permit. Pacific
halibut incidentally caught in the primary sablefish fishery when using
bottom longline gear may be retained from April 1 through the Pacific
halibut commercial fishing closure date set by the International
Pacific Halibut Commission. Vessels permitted as described in this
section may possess and land up to 130 lb (59 kg) dressed weight of
Pacific halibut for every 1,000 lb (454 kg) dressed weight of sablefish
landed, plus two additional Pacific halibut. Pacific halibut retained
as described in this section may not be possessed or landed south of
Pt. Chehalis.
* * * * *
0
26. Amend Sec. 660.232 by revising paragraph (a)(3) to read as
follows:
Sec. 660.232 Limited entry daily trip limit (DTL) fishery for
sablefish.
(a) * * *
(3) Vessels registered for use with a limited entry fixed gear
permit that does not have a sablefish endorsement may fish in the
limited entry DTL fishery, consistent with regulations at Sec.
660.230, for as long as that fishery is open during the fishing year,
subject to routine management measures imposed under Sec. 660.60(c),
Subpart C. DTL limits for the limited entry fishery north and south of
36[deg] N lat. are provided in tables 2b (North) and 2b (South) of this
subpart.
* * * * *
Tables 2 (North) and 2 (South) to Part 660, Subpart E--[Removed]
0
27. Remove tables 2 (North) and 2 (South) to part 660, subpart E.
0
28. Add tables 2a (North), 2b (North), 2a (South), and 2b (South) to
part 660, subpart E to read as follows:
Table 2a (North) to Part 660, Subpart E--Non-Trawl Rockfish
Conservation Area Boundaries
Note 1 to table 2a (North): The Non-Trawl RCA is an area closed
to fishing with particular non-trawl gear types, as defined at Sec.
660.11. Non-Trawl RCA boundaries apply in the EEZ only; see
appropriate state regulations for state closures. Non-Trawl RCA
boundaries may be revised via inseason action; therefore, users
should refer back to this table throughout the year.
------------------------------------------------------------------------
Latitude Boundary
------------------------------------------------------------------------
North of 46[deg]16' N lat.:............ Shoreward EEZ-100 fm line.
46[deg]16' N lat.-42[deg]00' N lat..... 30 fm line-75 fm line.
42[deg]00' N lat.-40[deg]10' N lat..... Shoreward EEZ-75 fm line.
------------------------------------------------------------------------
Table 2b (North) to Part 660, Subpart E--Trip Limits for Limited Entry
Fixed Gear North of 40[deg]10' N Lat.
Note 1 to table 2b (North): Trip limits apply in the EEZ only;
see appropriate state regulations for state trip limits. Trip limits
are effective year-round unless otherwise specified for different
cumulative periods (defined at Sec. 660.11 under ``Trip limits'').
Trip limits are effective from the U.S.-Canada border to 40[deg]10'
N lat. unless otherwise specified via latitudinal or state
subdivisions in this table. Stock complexes are defined at Sec.
660.11 under ``Groundfish''. Trip limits may be revised via inseason
action; therefore, users should refer back to this table throughout
the year. To convert pounds to kilograms, divide the weight in
pounds by 2.20462. The resulting quotient is the weight in
kilograms.
------------------------------------------------------------------------
Species Trip Limit
------------------------------------------------------------------------
Big skate.............................. Unlimited.
Black rockfish (42[deg]00' N lat.- CLOSED.
40[deg]10' N lat.).
Cabezon (42[deg]00' N lat.-40[deg]10' N CLOSED.
lat.).
Cabezon/kelp greenling complex (Oregon) Unlimited.
Canary rockfish........................ 3,000 lb/2 months.
Flatfish (includes dover sole, 20,000 lb/2 months.
arrowtooth flounder, petrale sole,
English sole, starry flounder).
Lingcod (north of 42[deg]00' N lat.)... 11,000 lb/2 months.
Lingcod (42[deg]00' N lat.-40[deg]10' N 2,000 lb/2 months seaward of
lat.). the Non-Trawl RCA; CLOSED
inside the Non-Trawl RCA.
Longnose skate......................... Unlimited.
Longspine thornyheads.................. 10,000 lb/2 months.
Nearshore rockfish complex, Oregon 5,000 lb/2 months, no more than
black/blue/deacon rockfish, & 1,200 lb of which may be
Washington black rockfish (north of species other than black
42[deg]00' N lat.). rockfish or blue/deacon
rockfish
See Sec. 660.230(e) for
additional trip limits for
Washington black rockfish.
Nearshore rockfish complex............. CLOSED.
(42[deg]00' N lat.-40[deg]10' N lat.)..
Other fish............................. Unlimited.
Other flatfish complex (north of 20,000 lb/2 months.
42[deg]00' N lat.).
Other flatfish complex................. 20,000 lb/2 months seaward of
(42[deg]00' N lat.-40[deg]10' N lat.).. the Non-Trawl RCA; CLOSED
inside the Non-Trawl RCA.
[[Page 70442]]
Pacific cod............................ 1,000 lb/2 months.
Pacific ocean perch.................... 3,600 lb/2 months.
Pacific Spiny Dogfish.................. Periods 1-2: 200,000 lb/2
months
Period 3: 150,000 lb/2 months
Periods 4-6: 100,000 lb/2
months.
Pacific whiting........................ 10,000 lb per trip.
Quillback rockfish..................... CLOSED.
(42[deg]00' N lat.-40[deg]10' N lat.)..
Sablefish.............................. 4,500 lb/week
not to exceed 9,000 lb/2
months.
Shelf rockfish complex................. 1,600 lb/2 months.
Shortspine thornyhead.................. 3,000 lb/2 months.
Slope rockfish complex & darkblotched 8,000 lb/2 months.
rockfish.
Widow rockfish......................... 4,000 lb/2 months.
Yelloweye rockfish..................... CLOSED.
Yellowtail rockfish.................... 6,000 lb/2 months.
------------------------------------------------------------------------
Table 2a (South) to Part 660, Subpart E--Non-Trawl Rockfish
Conservation Area Boundaries
Note 1 to table 2a (South): The Non-Trawl RCA is an area closed
to fishing with particular non-trawl gear types, as defined at Sec.
660.11. Non-Trawl RCA boundaries apply in the EEZ only; see
appropriate state regulations for state closures. Non-Trawl RCA
boundaries may be revised via inseason action; therefore, users
should refer back to this table throughout the year.
------------------------------------------------------------------------
Latitude Boundary
------------------------------------------------------------------------
40[deg]10' N lat.-37[deg] 07' N lat.... Shoreward EEZ-75 fm line.
37[deg] 07' N lat.-34[deg] 27' N lat... 50 fm line-75 fm line.
South of 34[deg] 27' N lat............. 100 fm line-150 fm line (also
applies around islands and
banks).
------------------------------------------------------------------------
Table 2b (South) to Part 660, Subpart E--Trip Limits for Limited Entry
Fixed Gear South of 40[deg]10' N Lat.
Note 1 to table 2b (South): Trip limits apply in the EEZ only;
see appropriate state regulations for state trip limits. Trip limits
are effective year-round unless otherwise specified for different
cumulative periods (defined at Sec. 660.11 under ``Trip limits'').
Trip limits are effective from 40[deg]10' N lat. to the U.S.-Mexico
border unless otherwise specified via latitudinal or state
subdivisions in this table. Stock complexes are defined at Sec.
660.11 under ``Groundfish''. Trip limits may be revised via inseason
action; therefore, users should refer back to this table throughout
the year. To convert pounds to kilograms, divide the weight in
pounds by 2.20462. The resulting quotient is the weight in
kilograms.
------------------------------------------------------------------------
Species Trip limit
------------------------------------------------------------------------
Big skate.............................. Unlimited.
Bocaccio............................... 8,000 lb/2 months.
Bronzespotted rockfish................. CLOSED.
Cabezon (40[deg]10' N lat.-36[deg] N CLOSED.
lat.).
Cabezon (south of 36[deg] N lat.)...... Unlimited.
California scorpionfish................ 3,500 lb/2 months.
Canary rockfish........................ 3,500 lb/2 months.
Chilipepper rockfish (40[deg]10' N lat.- 10,000 lb/2 months.
34[deg] 27' N lat.).
Chilipepper rockfish (south of 34[deg] 8,000 lb/2 months.
27' N lat.).
Cowcod................................. CLOSED.
Flatfish (includes dover sole, 20,000 lb/2 months.
arrowtooth flounder, petrale sole,
English sole, starry flounder).
Lingcod (40[deg]10' N lat.-37[deg] 07' 1,600 lb/2 months seaward of
N lat.). the Non-Trawl RCA; 0 lb/2
months inside of the Non-Trawl
RCA.
Lingcod (south of 37[deg] 07' N lat.).. 1,600 lb/2 months.
Longnose skate......................... Unlimited.
Longspine thornyhead (south of 34[deg] 10,000 lb/2 months.
27' N lat.).
Nearshore rockfish complexes:
Shallow nearshore rockfish complex CLOSED.
(40[deg]10' N lat.-36[deg] N lat.).
Shallow nearshore rockfish complex 2,000 lb/2 months.
(south of 36[deg] N lat.).
Deeper nearshore rockfish complex CLOSED.
(40[deg]10' N lat.-36[deg] N lat.).
Deeper nearshore rockfish complex 2,000 lb/2 months, of which no
(south of 36[deg] N lat.). more than 75 lb may be copper
rockfish.
Other fish............................. Unlimited.
Other flatfish complex (40[deg]10' N 20,000 lb/2 months seaward of
lat.-37[deg] 07' N lat.). the Non-Trawl RCA; CLOSED
inside of the Non-Trawl RCA.
Other flatfish complex (south of 20,000 lb/2 months.
37[deg] 07' N lat.).
Pacific cod............................ 1,000 lb/2 months.
[[Page 70443]]
Pacific Spiny Dogfish.................. Periods 1-2: 200,000 lb/2
months.
Period 3: 150,000 lb/2 months.
Periods 4-6: 100,000 lb/2
months.
Pacific whiting........................ 10,000 lb per trip.
Quillback rockfish..................... CLOSED.
Sablefish (40[deg]10' N lat.-36[deg] N 4,500 lb/week not to exceed
lat.). 9,000 lb/2 months.
Sablefish (south of 36[deg] N lat.).... 2,500 lb/2 months.
Shelf rockfish complex (40[deg]10' N 6,000 lb per 2 months, of which
lat.-37[deg] 07' N lat.); excludes no more than 500 lb may be
bronzespotted rockfish.. vermilion/sunset rockfish.
Shelf rockfish complex (37[deg] 07' N 8,000 lb per 2 months, of which
lat.-34[deg] 27' N lat.); excludes no more than 500 lb may be
bronzespotted rockfish.. vermilion/sunset rockfish.
Shelf rockfish complex (south of 5,000 lb per 2 months, of which
34[deg] 27' N lat.); excludes no more than 3,000 lb may be
bronzespotted rockfish. vermilion/sunset rockfish.
Shortspine thornyhead (40[deg] 10' N 3,000 lb/2 months.
lat.-34[deg] 27' N Lat.).
Slope rockfish complex & darkblotched 40,000 lb/2 months, of which no
rockfish. more than 6,000 lb may be
blackgill rockfish.
Splitnose rockfish..................... 40,000 lb/2 months.
Widow rockfish (40[deg]10' N lat.- 10,000 lb/2 months.
34[deg] 27' N lat.).
Widow rockfish (south of 34[deg] 27' N 8,000 lb/2 months.
lat.).
Yelloweye rockfish..................... CLOSED.
------------------------------------------------------------------------
0
29. Amend Sec. 660.312 by adding paragraph (a)(6) to read as follows:
Sec. 660.312 Open access fishery--prohibitions.
* * * * *
(a) * * *
(6) Take and retain, possess, or land groundfish in the directed
open access fishery without having a valid directed open access permit
for the vessel.
* * * * *
0
30. Amend Sec. 660.330 by:
0
a. Revising paragraphs (a), (b)(3) introductory text, and (b)(3)(i)(B)
and (C);
0
b. Removing paragraph (d)(17); and
0
c. Redesignating paragraphs (d)(18) and (19) as paragraphs (d)(17) and
(18).
The revisions read as follows:
Sec. 660.330 Open access fishery--management measures.
(a) General. Groundfish species taken in open access fisheries will
be managed with cumulative trip limits (see trip limits in tables 3b
(North) and 3b (South) of this subpart), size limits (see Sec.
660.60(h)(5)), seasons (see seasons in tables 3a (North) and 3a (South)
of this subpart), gear restrictions (see paragraph (b) of this
section), and closed areas (see paragraph (d) of this section and
Sec. Sec. 660.70 through 660.79). Unless otherwise specified, a vessel
operating in the open access fishery is subject to, and must not
exceed, any trip limit, frequency limit, and/or size limit for the open
access fishery. Retention of cowcod, yelloweye rockfish, and quillback
rockfish off California is prohibited in all fisheries, and groundfish
vessels operating south of Point Conception must adhere to GEA
restrictions (see paragraph (d)(18) of this section and Sec. 660.70).
For information on the open access daily/weekly trip limit fishery for
sablefish, see Sec. 660.332 and the trip limits in tables 3b (North)
and 3b (South) of this subpart. Open access vessels are subject to
daily or weekly sablefish limits in addition to cumulative limits for
each cumulative limit period. Only one sablefish landing per week may
be made in excess of the daily trip limit and, if the vessel chooses to
make a landing in excess of that daily trip limit, then that is the
only sablefish landing permitted for that week. The trip limit for
black rockfish caught with hook-and-line gear also applies (see
paragraph (e) of this section).
(b) * * *
(3) Gear for use inside the Non-Trawl RCA. Inside the Non-Trawl
RCA, only legal non-bottom contact hook-and-line gear configurations
may be used for target fishing for groundfish by vessels that
participate in the directed open access sector as defined at Sec.
660.11. Vessels must be registered to a valid directed open access
permit as defined at Sec. 660.25(i). On a fishing trip where any
fishing will occur inside the Non-Trawl RCA, only one type of legal
non-bottom contact gear may be carried on board, and no other fishing
gear of any type may be carried on board or stowed during that trip.
The vessel may fish inside and outside the Non-Trawl RCA on the same
fishing trip, provided a valid declaration report as required at Sec.
660.13(d) has been filed with NMFS OLE. Legal non-bottom contact hook-
and-line gear means stationary vertical jig gear not anchored to the
bottom, and groundfish troll gear, subject to the specifications in
paragraphs (b)(3)(i) and (ii) of this section.
(i) * * *
(B) No more than four vertical mainlines attached to or fished from
the vessel (e.g., rod & reel) may be used in the water at one time.
(C) No more than 100 hooks may be in the water at one time, with no
more than 25 extra hooks on board the vessel.
* * * * *
0
31. Amend Sec. 660.332 by revising paragraph (b)(1) to read as
follows:
Sec. 660.332 Open access daily trip limit (DTL) fishery for
sablefish.
* * * * *
(b) * * *
(1) Daily and/or weekly trip limits for the open access fishery
north and south of 36[deg] N lat. are provided in tables 3b (North) and
3b (South) of this subpart.
* * * * *
32. Amend Sec. 660.333 by revising paragraph (a), redesignating
paragraph (e) as paragraph (g), and adding new paragraph (e) and
paragraphs (f), (h), and (i).
The revision and additions read as follows:
Sec. 660.333 Open access non-groundfish trawl fishery--management
measures.
(a) General. This section describes management measures for vessels
that take groundfish incidentally with non-groundfish trawl gear,
including vessels engaged in fishing for pink shrimp, ridgeback prawns,
California halibut, or sea cucumbers.
* * * * *
(e) Non-Trawl Rockfish Conservation Area restrictions for the
ridgeback prawn, California halibut, and sea cucumber fisheries. (1)
40[deg] 10' N lat.-38.00[deg] N lat.: 100 fm to 150 fm during Periods 1
and 6; 100 fm to 150 fm during Periods 2, 3, 4, and 5.
(2) 38.00[deg] N lat.-34[deg] 27 N lat.: 100 fm to 150 fm
(3) South of 34[deg] 27 N lat.: 100 fm to 150 fm
[[Page 70444]]
(f) Trip Limits for the ridgeback prawn, California halibut, and
sea cucumber fisheries. Groundfish. 300 lb (136 kg) per trip. Species-
specific limits described in table 3b South also apply and are counted
toward the 300 lb (136 kg) groundfish per trip limit. The amount of
groundfish landed may not exceed the amount of the target species
landed, except that the amount of Pacific spiny dogfish landed may
exceed the amount of target species landed. Pacific spiny dogfish are
limited by the 300 lb (136 kg)/trip overall groundfish limit. The daily
trip limits for sablefish coastwide and thornyheads south of Pt.
Conception and the overall groundfish ``per trip'' limit may not be
multiplied by the number of days of the trip. Vessels participating in
the California halibut fishery south of 38[deg]57.50' N lat. are
allowed to:
(1) Land up to 100 lb (45 kg) per day of groundfish without the
ratio requirement, provided that at least one California halibut is
landed; and
(2) Land up to 3,000 lb (1,361 kg) per month of flatfish, no more
than 300 lb (136 kg) of which may be species other than Pacific
sanddabs, sand sole, starry flounder, rock sole, curlfin sole, or
California scorpionfish (California scorpionfish is also subject to the
trip limits and closures in table 3b South).
* * * * *
(h) Management measures for the pink shrimp fishery north of
40[deg] 10' N lat. Effective April 1-October 31: Groundfish: 500 lb
(227 kg)/day, multiplied by the number of days of the trip, not to
exceed 1,500 lb (680 kg)/trip. The following sublimits also apply and
are counted toward the overall 500 lb (227 kg)/day and 1,500 lb (680
kg)/trip groundfish limits: lingcod 300 lb (136 kg)/month (minimum 24-
inch (0.61 cm) size limit); sablefish 2,000 lb (907 kg)/month; canary,
thornyheads, and yelloweye rockfish are PROHIBITED. All other
groundfish species taken are managed under the overall 500 lb (227 kg)/
day and 1,500 lb (680 kg)/trip groundfish limits. Landings of these
species count toward the per day and per trip groundfish limits and do
not have species-specific limits. The amount of groundfish landed may
not exceed the amount of pink shrimp landed.
(i) Management measures for the pink shrimp fishery south of
40[deg] 10' N lat. Effective April 1-October 31: Groundfish: 500 lb
(227 kg)/day, multiplied by the number of days of the trip, not to
exceed 1,500 lb (680 kg)/trip. The following sublimits also apply and
are counted toward the overall 500 lb (227 kg)/day and 1,500 lb (680
kg)/trip groundfish limits: lingcod 300 lb (136 kg)/month (minimum 24-
inch (0.61 cm) size limit); sablefish 2,000 lb (907 kg)/month; canary
rockfish, thornyheads, and yelloweye rockfish are PROHIBITED. All other
groundfish species taken are managed under the overall 500 lb (227 kg)/
day and 1,500 lb (680 kg)/trip groundfish limits. Landings of all
groundfish species count toward the per day, per trip or other species-
specific sublimits described here and the species-specific limits
described in the table above do not apply. The amount of groundfish
landed may not exceed the amount of pink shrimp landed.
0
33. Add Sec. 660.334 to read as follows:
Sec. 660.334 Open access non-groundfish salmon troll fishery--
management measures.
(a) General. This section includes management measures applicable
to vessels that incidentally take and retain groundfish while
participating in the West Coast salmon fishery under the regulations at
part 660, subpart H (herein referred to as ``salmon troll fishery'').
All salmon troll vessels that take and retain groundfish species are
subject to the open access trip limits, seasons, size limits, and Non-
Trawl RCA restrictions listed in tables 3a (North), 3b (North), 3a
(South), and 3b (South) to this subpart, unless otherwise stated in
this section.
(b) Trip limits. (1) In the area north of 40[deg] 10' N lat.,
salmon trollers may retain and land up to 500 lb (227 kg) of yellowtail
rockfish per month as long as salmon is on board, both within and
outside of the Non-Trawl RCA. Salmon trollers may retain and land up to
1 lingcod per 2 Chinook per trip, plus 1 lingcod per trip, up to a trip
limit of 10 lingcod, on a trip where any fishing occurs within the Non-
Trawl RCA. The lingcod limit only applies during times when lingcod
retention is allowed and is not ``CLOSED''. These limits are within the
limits described in table 3b (North), and not in addition to those
limits.
(2) In the area south of 40[deg] 10' N lat., salmon trollers may
retain and land up to 1 lb (0.45 kg) of yellowtail rockfish for every 2
lb (0.90 kg) of Chinook salmon landed, with a cumulative limit of 200
lb (91 kg)/month, both within and outside of the Non-Trawl RCA. This
limit is within the trip limits for shelf rockfish, and not in addition
to those limits. All groundfish species are subject to the open access
limits, seasons, size limits, and RCA restrictions listed in tables 3a
(South) and 3b (South) to this subpart, unless otherwise stated here.
Tables 3 (North) and 3 (South) to Part 660, Subpart F--[Removed]
0
34. Remove tables 3 (North) and 3 (South) to part 660, subpart F.
0
35. Add tables 3a (North), 3b (North), 3a (South), and 3b (South) to
part 660, subpart F to read as follows:
Table 3a (North) to Part 660, Subpart F--Non-Trawl Rockfish
Conservation Area Boundaries
Note 1 to table 3a (North): The Non-Trawl RCA is an area closed
to fishing with particular non-trawl gear types, as defined at Sec.
660.11. Non-Trawl RCA boundaries apply in the EEZ only; see
appropriate state regulations for state closures. Non-Trawl RCA
boundaries may be revised via inseason action; therefore, users
should refer back to this table throughout the year.
------------------------------------------------------------------------
Latitude Boundary
------------------------------------------------------------------------
North of 46[deg]16' N lat.............. Shoreward EEZ-100 fm line.
46[deg]16' N lat.-42[deg]00' N lat..... 30 fm line-75 fm line.
42[deg]00' N lat.-40[deg]10' N lat..... Shoreward EEZ-75 fm line.
------------------------------------------------------------------------
Table 3b (North) to Part 660, Subpart F--Trip Limits for Open Access
North of 40[deg]10' N Lat.
Note 1 to table 3b (North): Trip limits apply in the EEZ only;
see appropriate state regulations for state trip limits. Trip limits
are effective year-round unless otherwise specified for different
cumulative periods (defined at Sec. 660.11 under ``Trip limits'').
Trip limits are effective from the U.S.-Canada border to 40[deg]10'
N lat. unless otherwise specified via latitudinal or state
subdivisions in this table. Stock complexes are defined at Sec.
660.11 under ``Groundfish''. Trip limits may be revised via inseason
action; therefore, users should refer back to this table throughout
the year. To convert pounds to kilograms, divide the weight in
pounds by 2.20462. The resulting quotient is the weight in
kilograms.
------------------------------------------------------------------------
Species Trip limit
------------------------------------------------------------------------
Big skate.............................. Unlimited.
Black rockfish (42[deg]00' N Lat.- CLOSED.
40[deg]10' N Lat.).
Cabezon (42[deg]00' N Lat.-40[deg]10' N CLOSED.
Lat.).
Cabezon/kelp greenling complex (Oregon) Unlimited.
[[Page 70445]]
Canary rockfish........................ 1,000 lb/2 months.
Flatfish (includes dover sole, 10,000 lb/2 months.
arrowtooth flounder, petrale sole,
English sole, starry flounder).
Lingcod (north of 42[deg]00' N Lat.)... 9,000 lb/2 months.
Lingcod (42[deg]00' N Lat.-40[deg]10' N 2,000 lb/2 months seaward of
Lat.). the Non-Trawl RCA; CLOSED
inside the Non-Trawl RCA.
Longnose skate......................... Unlimited.
Longspine thornyheads.................. 100 lb/2 months.
Nearshore rockfish complex, Oregon 5,000 lb/2 months no more than
black/blue/deacon rockfish, & 1,200 lb of which may be
Washington black rockfish (north of species other than black
42[deg]00' N Lat.). rockfish or blue/deacon
rockfish.
See Sec. 660.330(e) for
additional trip limits for
Washington black rockfish.
Nearshore rockfish complex (42[deg]00' CLOSED.
N Lat.-40[deg]10' N Lat.).
Other fish............................. Unlimited.
Other flatfish complex (north of 10,000 lb/2 months.
42[deg]00' N Lat.).
Other flatfish complex (42[deg]00' N 10,000 lb/2 months seaward of
Lat.-40[deg]10' N Lat.). the Non-Trawl RCA; 0 lb/2
months inside the Non-Trawl
RCA.
Pacific cod............................ 1,000 lb/2 months.
Pacific ocean perch.................... 200 lb/2 months.
Pacific Spiny Dogfish.................. Periods 1-2: 200,000 lb/2
months.
Period 3: 150,000 lb/2 months.
Periods 4-6: 100,000 lb/2
months.
Pacific whiting........................ 600 lb/2 months.
Quillback rockfish (42[deg]00' N lat.- CLOSED.
40[deg]10' N lat.).
Sablefish.............................. 3,250 lb/week not to exceed
6,500 lb/2 months.
Shelf rockfish complex (north of 1,600 lb/2 months.
42[deg]00' N Lat.).
Shelf rockfish complex (42[deg]00' N 1,200 lb per 2 months.
lat.-40[deg]10' N lat.).
Shortspine thornyhead.................. 100 lb/2 months.
Slope rockfish complex & darkblotched 4,000 lb/2 months.
rockfish.
Widow rockfish......................... 2,000 lb/2 months.
Yelloweye rockfish..................... CLOSED.
Yellowtail rockfish.................... 3,000 lb/2 months.
Salmon Troll........................... See Sec. 660.334(b)(1).
Pink Shrimp non-groundfish trawl....... See Sec. 660.333(g) and (h).
------------------------------------------------------------------------
Table 3a (South) to Part 660, Subpart F--Non-Trawl Rockfish
Conservation Area Boundaries
Note 1 to table 3a (South): The Non-Trawl RCA is an area closed
to fishing with particular non-trawl gear types, as defined at Sec.
660.11. Non-Trawl RCA boundaries apply in the EEZ only; see
appropriate state regulations for state closures. Non-Trawl RCA
boundaries may be revised via inseason action; therefore, users
should refer back to this table throughout the year.
------------------------------------------------------------------------
Latitude Boundary
------------------------------------------------------------------------
40[deg]10' N lat.-37[deg]07' N lat..... Shoreward EEZ-75 fm line.
37[deg]07' N lat.-34[deg]27' N lat..... 50 fm line-75 fm line.
South of 34[deg]27' N lat.............. 100 fm line-150 fm line (also
applies around islands and
banks).
------------------------------------------------------------------------
Table 3b (South) to Part 660, Subpart F--Trip Limits for Open Access
South of 40[deg]10' N Lat.
Note 1 to table 3b (South): Trip limits apply in the EEZ only;
see appropriate state regulations for state trip limits. Trip limits
are effective year-round unless otherwise specified for different
cumulative periods (defined at Sec. 660.11 under ``Trip limits'').
Trip limits are effective from 40[deg]10' N lat. to the U.S.-Mexico
border unless otherwise specified via latitudinal or state
subdivisions in this table. Stock complexes are defined at Sec.
660.11 under ``Groundfish''. Trip limits may be revised via inseason
action; therefore, users should refer back to this table throughout
the year. To convert pounds to kilograms, divide the weight in
pounds by 2.20462. The resulting quotient is the weight in
kilograms.
------------------------------------------------------------------------
Species Trip limit
------------------------------------------------------------------------
Big skate.............................. Unlimited.
Bocaccio............................... 6,000 lb/2 months.
Bronzespotted rockfish................. CLOSED.
Cabezon (40[deg]10' N lat.-36[deg] N CLOSED.
lat.).
Cabezon (south of 36[deg] N lat.)...... Unlimited.
California scorpionfish................ 3,500 lb/2 months.
Canary rockfish........................ 1,500 lb/2 months.
Chilipepper rockfish (40[deg]10' N lat.- 6,000 lb/2 months.
34[deg] 27' N lat.).
Chilipepper rockfish (south of 34[deg] 4,000 lb/2 months.
27' N lat.).
Cowcod................................. CLOSED.
Flatfish (includes Dover sole, 10,000 lb/2 months.
arrowtooth flounder, petrale sole,
English sole, starry flounder).
Lingcod (40[deg]10' N lat.-37[deg] 07' 1,400 lb/2 months seaward of
N lat.). the Non-Trawl RCA; CLOSED
inside of the Non-Trawl RCA.
Lingcod (south of 37[deg] 07' N lat.).. 1,400 lb/2 months.
Longnose skate......................... Unlimited.
Longspine thornyhead (40[deg] 10' to 100 lb/2 months.
34[deg] 27' N lat.).
Nearshore rockfish complexes:
[[Page 70446]]
Shallow nearshore rockfish CLOSED.
(40[deg]10' N lat.-36[deg] N lat.).
Shallow nearshore rockfish (south 2,000 lb/2 months.
of 36[deg] N lat.).
Deeper nearshore rockfish CLOSED.
(40[deg]10' N lat.-36[deg] N lat.).
Deeper nearshore rockfish (south of 2,000 lb/2 months, of which no
36[deg] N lat.). more than 75 lb may be copper
rockfish.
Other fish (defined at Sec. 660.11).. Unlimited.
Other flatfish complex (defined at Sec. 40[deg]10' N lat.-37[deg] 07' N
660.11). lat.: 10,000 lb/2 months
seaward of the Non-Trawl RCA;
CLOSED inside of the Non-Trawl
RCA.
South of 37[deg] 07' N lat.:
10,000 lb/2 months.
Pacific cod............................ 1,000 lb/2 months.
Pacific Spiny Dogfish.................. Periods 1-2: 200,000 lb/2
months.
Period 3: 150,000 lb/2 months.
Periods 4-6: 100,000 lb/2
months.
Pacific whiting........................ 600 lb/2 months.
Quillback rockfish..................... CLOSED.
Sablefish (40[deg]10' N lat.-36[deg] N 3,000 lb/week not to exceed
lat.). 9,000 lb/2 months.
Sablefish (south of 36[deg] N lat.).... 2,000 lb/week not to exceed
6,000 lb/2 months.
Shelf rockfish complex (40[deg]10' N 3,000 lb per 2 months, of which
lat.-37[deg] 07' N lat.); excludes no more than 300 lb may be
bronzespotted rockfish. vermilion/sunset rockfish.
Shelf rockfish complex (37[deg] 07' N 4,000 lb per 2 months, of which
lat.-34[deg] 27' N lat.); excludes no more than 300 lb may be
bronzespotted rockfish. vermilion/sunset rockfish.
Shelf rockfish complex (south of 3,000 lb per 2 months, of which
34[deg] 27' N lat.); excludes no more than 900 lb may be
bronzespotted rockfish. vermilion/sunset rockfish.
Shortspine thornyhead (40[deg] 10' N 100 lb/2 months.
lat.-34[deg] 27' N lat.).
Shortspine thornyhead and longspine 100 lb/day, no more than 1,000
thornyhead (south of 34[deg] 27' N lb/2 months for all periods.
lat.).
Slope rockfish complex & darkblotched 10,000 lb/2 months, of which no
rockfish. more than 2,500 lb may be
blackgill rockfish.
Splitnose rockfish..................... 400 lb/2 months.
Widow rockfish (40[deg]10' N lat.- 6,000 lb/2 months.
34[deg] 27' N lat.).
Widow rockfish (south of 34[deg] 27' N 4,000 lb/2 months.
lat.).
Yelloweye rockfish..................... CLOSED.
Salmon Troll........................... See Sec. 660.334(b)(2).
Ridgeback Prawn, California halibut, See Sec. 660.333(e) and (f).
and sea cucumber.
Pink Shrimp............................ See Sec. 660.333(g) and (i).
------------------------------------------------------------------------
0
36. Amend Sec. 660.351 by revising the definition of ``Boat limit''
and adding in alphabetical order a definition for ``Descending device''
to read as follows:
Sec. 660.351 Recreational fishery--definitions.
* * * * *
Boat limit means the number of fish available for a vessel or boat.
Descending device means an instrument capable of releasing a fish
at the depth from which the fish was caught.
* * * * *
0
37. Amend Sec. 660.352 by adding paragraph (c) to read as follows:
Sec. 660.352 Recreational fishery--prohibitions.
* * * * *
(c) Fail to have at least one functional descending device on board
ready for immediate use during a groundfish recreational fishing trip.
0
38. Amend Sec. 660.360 by:
0
a. Adding paragraph (b)(1) and a reserved paragraph (b)(2);
0
b. Revising paragraph (c)(1) introductory text, table 1 to paragraph
(c)(1)(i)(D), paragraphs (c)(1)(ii) through (iv) and (c)(2)(iii)(A)
through (C);
0
c. Redesignating paragraphs (c)(2)(iii)(D) and (E) as paragraphs
(c)(2)(iii)(E) and (F);
0
d. Adding new paragraph (c)(2)(iii)(D);
0
e. Revising paragraph (c)(3)(i)(A);
0
f. Removing paragraph (c)(3)(ii)(C);
0
g. Redesignating paragraph (c)(3)(ii)(D) as paragraph (c)(3)(ii)(C) and
revising it;
0
h. Revising paragraph (c)(3)(iii)(D);
0
i. Removing paragraph (c)(3)(v)(C); and
0
j. Redesignating paragraph (c)(3)(v)(D) as paragraph (c)(3)(v)(C) and
revising it.
The revisions and additions read as follows:
Sec. 660.360 Recreational fishery--management measures.
* * * * *
(b) * * *
(1) All vessels participating in the groundfish recreational
fishery seaward of California, Oregon, or Washington must carry on
board one functional descending device as defined at Sec. 660.351. The
descending device must be available for immediate use and be available
to present to an enforcement officer upon request.
(2) [Reserved]
(c) * * *
(1) Washington. For each person engaged in recreational fishing off
the coast of Washington, the groundfish bag limit is nine groundfish
per day, including rockfish, cabezon, and lingcod. Within the
groundfish bag limit, there are sub-limits for rockfish, lingcod, and
cabezon outlined in paragraph (c)(1)(i)(D) of this section. In addition
to the groundfish bag limit of nine, there will be a flatfish limit of
five fish, not to be counted towards the groundfish bag limit but in
addition to it. The recreational groundfish fishery will open the
second Saturday in March through the third Saturday in October for all
species. In the Pacific halibut fisheries, retention of groundfish is
governed in part by annual management measures for Pacific halibut
fisheries, which are published in the Federal Register. The following
seasons, closed areas, sub-limits, and size limits apply:
(i) * * *
(D) * * *
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[[Page 70447]]
[GRAPHIC] [TIFF OMITTED] TP29AU24.021
BILLING CODE 3510-22-C
(ii) Rockfish. In areas of the EEZ seaward of Washington
(Washington Marine Areas 1-4) that are open to recreational groundfish
fishing, there is a seven rockfish per day bag limit, including a sub-
bag limit of five canary rockfish. Taking and retaining yelloweye
rockfish is prohibited in all Marine Areas.
(iii) Cabezon. In areas of the EEZ seaward of Washington
(Washington Marine Areas 1-4) that are open to recreational groundfish
fishing, there is a one cabezon per day bag limit.
(iv) Lingcod. In areas of the EEZ seaward of Washington (Washington
Marine Areas 1-4) that are open to recreational groundfish fishing and
when the recreational season for lingcod is open, there is a bag limit
of two lingcod per day. The recreational fishing seasons for lingcod is
open from the second Saturday in March through the third Saturday in
October.
(2) * * *
(iii) * * *
(A) Marine fish. The bag limit is 10 marine fish per day, which
includes rockfish, kelp greenling, cabezon, and other groundfish
species; except the daily bag limit in the long-leader gear fishery is
12 fish per day with a sub-bag limit of 5 fish per day for canary
rockfish. The bag limit of marine fish excludes Pacific halibut,
salmonids, tuna, perch species, sturgeon, sanddabs, flatfish, lingcod,
striped bass, hybrid bass, offshore pelagic species, and baitfish
(e.g., herring, smelt, anchovies, and sardines). The minimum size for
cabezon retained in the Oregon recreational fishery is 16 in (41 cm)
total length.
(B) Lingcod. There is a three fish limit per day. The minimum size
for lingcod retained in the Oregon recreational fishery is 22 in (56
cm) total length. For vessels using long-leader gear (as defined in
Sec. 660.351) and fishing inside the Recreational RCA, possession of
lingcod is prohibited.
(C) Flatfish. There is a 25 fish limit per day for all flatfish,
excluding Pacific halibut, but including all soles, flounders, and
Pacific sanddabs.
(D) Sablefish. There is a 10 fish limit per day.
* * * * *
(3) * * *
(i) * * *
(A) Recreational rockfish conservation areas. The recreational RCAs
are areas
[[Page 70448]]
that are closed to recreational fishing for certain groundfish. Fishing
for the California rockfish, cabezon, greenling complex (RCG Complex),
as defined in paragraph (c)(3)(ii) of this section, and lingcod with
recreational gear, is prohibited within the Recreational RCA. It is
unlawful to take and retain, possess, or land the RCG Complex and
lingcod taken with recreational gear within the Recreational RCA,
unless otherwise authorized in this section. A vessel fishing in the
Recreational RCA may not be in possession of any species prohibited by
the restrictions that apply within the Recreational RCA. For example,
if a vessel fishes in the recreational salmon fishery within the
Recreational RCA, the vessel cannot be in possession of the RCG Complex
and lingcod while in the Recreational RCA. The vessel may, however, on
the same trip fish for and retain rockfish shoreward of the
Recreational RCA on the return trip to port. If the season is closed
for a species or species group, fishing for that species or species
group is prohibited both within the Recreational RCA and outside of the
Recreational RCA, unless otherwise authorized in this section. In times
and areas where a Recreational RCA is closed shoreward of a
Recreational RCA line (i.e., when an ``off-shore only'' fishery is
active in that management area) vessels may stop, anchor in, or transit
through waters shoreward of the Recreational RCA line so long as they
do not have any hook-and-line fishing gear in the water. Coordinates
approximating boundary lines at the 30 fm (55 m) through 100 fm (183 m)
depth contours can be found at Sec. Sec. 660.71 through 660.73. The
recreational fishing season structure and RCA depth boundaries seaward
of California by management area and month are as follows:
* * * * *
(ii) * * *
(C) Dressing/fileting. Each RCG Complex filet must have the entire
skin attached.
(iii) * * *
(D) Dressing/fileting. Lingcod filets may be no smaller than 14 in
(36 cm) in length. Each lingcod filet must have the entire skin
attached.
* * * * *
(v) * * *
(C) Dressing/fileting. Each California scorpionfish filet must have
the entire skin attached.
* * * * *
0
39. Amend Sec. 660.604 by revising paragraph (p)(4)(i) introductory
text to read as follows:
Sec. 660.604 Vessel and first receiver responsibilities.
* * * * *
(p) * * *
(4) * * *
(i) The vessel must retain IFQ species (as defined at Sec.
660.140(c)), except for Arrowtooth flounder, English sole, Dover sole,
deep sea sole, Pacific sanddab, Pacific whiting, lingcod, sablefish,
starry flounder, and rex sole; must retain salmon and eulachon; and
must retain the following non-IFQ species: Greenland turbot, slender
sole, hybrid sole, c-o sole, bigmouth sole, fantail sole, hornyhead
turbot, spotted turbot, northern rockfish, black rockfish, blue
rockfish, shortbelly rockfish, olive rockfish, Puget Sound rockfish,
semaphore rockfish, walleye pollock, slender codling, and Pacific tom
cod, with exceptions listed in paragraphs (p)(4)(i)(A) and (B) of this
section.
* * * * *
[FR Doc. 2024-17651 Filed 8-26-24; 4:15 pm]
BILLING CODE 3510-22-P