59838 Federal Register / Vol. 88, No. 167 / Wednesday, August 30, 2023 / Proposed Rules 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Parts 300 and 660 

[Docket No. 230822–0203] 

RIN 0648–BM28 

Magnuson-Stevens Act Provisions; 

Fisheries off West Coast States; 

Pacific Coast Groundfish Fishery; 

Pacific Coast Groundfish Fishery 

Management Plan; Amendment 32 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Proposed rule; notice of 

availability of a draft environmental 

assessment; request for comments. 

SUMMARY: This action proposes 

regulations that would implement 

Amendment 32 to the Pacific Coast 

Groundfish Fishery Management Plan. 

The proposed regulations include a 

suite of changes to non-trawl area 

management measures seaward of 

California and Oregon. Specifically, 

NMFS proposes to: allow increased 

fishing access with specific gear types to 

the Non-Trawl Rockfish Conservation 

Area for the commercial groundfish 

limited entry fixed gear sector and 

vessels that gear switch under the Trawl 

Individual Fishing Quota program; 

modify gear restrictions in the NonTrawl Rockfish Conservation Area for 

all non-trawl commercial groundfish 

sectors; move the seaward boundary of 

the Non-Trawl Rockfish Conservation 

Area to 75 fathoms (137 meters) for all 

non-trawl commercial groundfish 

sectors and the directed commercial 

Pacific halibut fishery; create new 

Groundfish Conservation Areas, 

including new Yelloweye Rockfish 

Conservation Areas seaward of Oregon 

and Groundfish Exclusion Areas 

seaward of Southern California; create 

new Essential Fish Habitat Conservation 

Areas off Oregon; remove the Cowcod 

Conservation Area seaward of Southern 

California for all groundfish commercial 

and recreational non-trawl sectors, and 

enable the use of Block Area Closures to 

control the catch of groundfish for all 

commercial non-trawl sectors. The 

purpose of Amendment 32 is to provide 

fishing access to healthy groundfish 

stocks for non-trawl groundfish fisheries 

and the directed commercial halibut 

fishery while still meeting the 

conservation objectives of the Pacific 

Coast Groundfish Fishery Management 

Plan. NMFS also announces the 

availability of a draft Environmental 

Assessment that analyzes the potential 

effects of the associated proposed rule. 

In addition, this action proposes minor 

administrative regulatory revisions 

which would correct the name of the 

Cordell Bank Groundfish Conservation 

Area, amend the description of the 

Cordell Bank Groundfish Conservation 

Area, add new regulatory definitions for 

different types of fishing bait, and add 

new exemptions to Vessel Monitoring 

System reporting requirements. 

DATES: Comments on this proposed rule 

and draft Environmental Assessment 

must be received on or before 

September 29, 2023. 

ADDRESSES: You may submit comments 

on this document, identified by NOAA– 

NMFS–2023–0051, by the following 

method: 

• Electronic Submission: Submit all 

electronic public comments via the 

Federal e-Rulemaking Portal. Go to 

https://www.regulations.gov and enter 

NOAA–NMFS–2023–0051 in the Search 

box. Click on the ‘‘Comment’’ icon, 

complete the required fields, and enter 

or attach your comments. 

Instructions: Comments sent by any 

other method, to any other address or 

individual, or received after the end of 

the comment period, may not be 

considered by NMFS. All comments 

received are a part of the public record 

and will generally be posted for public 

viewing on www.regulations.gov 

without change. All personal identifying 

information (e.g., name, address, etc.), 

confidential business information, or 

otherwise sensitive information 

submitted voluntarily by the sender will 

be publicly accessible. NMFS will 

accept anonymous comments (enter ‘‘N/ 

A’’ in the required fields if you wish to 

remain anonymous). 

Electronic Access 

Information relevant to Amendment 

32, which includes a draft 

Environmental Assessment, a 

Regulatory Impact Review, a Regulatory 

Flexibility Act analysis and a Magnuson 

Stevens Fishery Conservation and 

Management Act (Magnuson-Stevens 

Act) analysis (all referred to hereafter as 

Analysis), are accessible via the internet 

at the NMFS West Coast Region website 

at: https://www.fisheries.noaa.gov/westcoast/laws-and-policies/west-coastregion-national-environmental-policyact-documents. 

FOR FURTHER INFORMATION CONTACT: 

Lynn Massey, phone: 562–900–2060, or 

email: Lynn.Massey@noaa.gov 

SUPPLEMENTARY INFORMATION: The 

Pacific Coast Groundfish fishery in the 

U.S. exclusive economic zone (EEZ) 

seaward of Washington, Oregon, and 

California is managed under the Pacific 

Coast Groundfish Fishery Management 

Plan (FMP). The Pacific Fishery 

Management Council (Council) 

developed the Pacific Coast Groundfish 

FMP pursuant to the Magnuson-Stevens 

Act, 16 U.S.C. 1801 et seq. The 

Secretary of Commerce approved the 

Pacific Coast Groundfish FMP and 

implemented the provisions of the plan 

through federal regulations at 50 CFR 

part 660, subparts C through G. Species 

managed under the Pacific Coast 

Groundfish FMP include more than 90 

species of roundfish, flatfish, rockfish, 

sharks, and skates. 

This rule would implement 

regulations for Amendment 32 to the 

Pacific Coast Groundfish FMP (also 

referred to interchangeably as ‘‘this 

action’’). Consistent with MSA Section 

303(c)(1), the Council deemed the 

proposed regulations consistent with 

and necessary to implement 

Amendment 32 in a July 21, 2023 letter 

from Council Chairman Merrick Burden 

to Regional Administrator Jennifer 

Quan. The Notice of Availability for 

Amendment 32 that published on 

August 2, 2023 (88 FR 50830) describes 

FMP changes in, and requests comments 

on, Amendment 32 

In addition to proposing changes to 

the regulations at 50 CFR part 300 and 

part 660 to implement Amendment 32, 

this proposed rule also proposes minor, 

clarifying and administrative revisions 

to the regulations in part660. These 

administrative changes would correct 

the name of the Cordell Bank 

Groundfish Conservation Area (Cordell 

Bank GCA), amend the description of 

the Cordell Bank GCA, add new 

regulatory definitions for different types 

of fishing bait, and add new exemptions 

to Vessel Monitoring System (VMS) 

reporting requirements. 

Background 

In the early 2000s, several types of 

groundfish conservation areas (GCAs), 

defined at § 660.11, were implemented 

(as part of FMP Amendment 16–3) to 

protect overfished groundfish species 

off the U.S. West Coast; this includes 

the coastwide Non-Trawl Rockfish 

Conservation Area (Non-Trawl RCA) (68 

FR 907, January 7, 2003), and the 

Cowcod Conservation Areas (CCAs) (66 

FR 2338, January 11, 2001)) in the 

Southern California Bight. With the 

rebuilt status of almost all of these 

groundfish species (the exception being 

yelloweye rockfish, which is projected 

to rebuild by 2029), the Council has 

been prioritizing increased fishing 

access to these areas for groundfish nontrawl fisheries (i.e., the directed open 


lotter on DSK11XQN23PROD with PROPOSALS1
Federal Register / Vol. 88, No. 167 / Wednesday, August 30, 2023 / Proposed Rules 59839 

access sector, the California recreational 

sector, the limited entry fixed gear 

(LEFG) sector, and vessels that use nontrawl gear under the Trawl Individual 

Fishing Quota (IFQ) Program). In 

November 2019, the Council directed 

the Groundfish Advisory Subpanel 

(GAP) to develop the scope of action 

and draft a purpose and need statement 

for non-trawl area management 

modifications during the GAP’s March 

and April 2020 meetings. The GAP then 

submitted an informational report (see 

Informational Report 4 in the June 2020 

briefing book at pcouncil.org) for 

Council consideration and scheduling of 

further scoping of the issues. In April 

2021, the Council initiated a scoping 

process to address modifying Non-Trawl 

RCA catch restrictions and boundaries 

(see Agenda Item F.3, Attachment 2 in 

the April 2021 briefing book at 

pcouncil.org). In November 2021 and 

April 2022, the Council further refined 

the range of alternatives, which 

included expanding the action to 

include changes to the CCA (both the 

Eastern CCA and the Western CCA) 

seaward of California, consideration of 

new closed areas (i.e., Groundfish 

Exclusion Areas (GEAs) and Yelloweye 

Rockfish Conservation Areas (YRCAs)), 

and changes to Essential Fish Habitat 

Conservation Areas (EFHCAs) that 

would be partially exposed to fishing 

activity under the alternatives. The 

Council selected a preliminary preferred 

range of alternatives at their September 

2022 meeting and selected a final range 

of alternatives at their March 2023 

meeting. More details on how the range 

of alternatives evolved through this 

process is provided in the Analysis (see 

ADDRESSES). The Council’s resulting 

final preferred alternative constitutes 

Amendment 32 to the Pacific Coast 

Groundfish FMP. Amendment 32 and 

its implementing regulations included 

in this proposed rule would provide 

additional fishing opportunity in these 

closures through a suite of 

modifications to GCA boundaries, gear 

specifications, and catch restrictions, 

while continuing to rebuild yelloweye 

rockfish and mitigate fishing impacts to 

sensitive habitats. 

Revisions to Non-Trawl Rockfish 

Conservation Area Management 

Measures 

Boundary Modifications 

The Non-Trawl RCA is a coastwide, 

contiguous area bounded by specific 

latitude and longitude coordinates that 

approximate depth contours along the 

West Coast continental shelf and around 

select islands off Southern California. 

Non-Trawl RCA boundaries are not 

consistent along the coast; they vary by 

management area (i.e., the shoreward 

and seaward boundaries are shallower 

or deeper, depending on latitude). The 

Non-Trawl RCA prohibits almost all 

commercial non-tribal directed 

groundfish fishing with non-trawl gear, 

and also applies to the non-tribal 

directed commercial halibut fishery (see 

50 CFR 300.63(e)(1)). 

The seaward boundary of the NonTrawl RCA approximates the 100 

fathom (fm, 183 meters (m)) depth 

contour seaward of Oregon and the 100 

(183 m) or 125 fm (229 m) depth 

contour seaward of California, 

depending on latitude (see Tables 2 

North and South of subpart E and 

Tables 3 North and South to subpart F). 

The implementing regulations for 

Amendment 32 as included in this 

proposed rule would move the seaward 

boundary of the Non-Trawl RCA in to 

the depth contour that approximates 75 

fm (137 m) seaward off both Oregon and 

California, which would open up 

approximately 2,411 square miles (sq 

mi, 6,244 square kilometers (sq km)) to 

all non-trawl commercial groundfish 

sectors and the non-tribal directed 

commercial Pacific halibut fishery. 

Adjusting the Non-Trawl RCA boundary 

for both the commercial non-tribal 

directed groundfish and halibut 

fisheries would reduce enforcement 

complexity and provide additional 

fishing opportunity. The Non-Trawl 

RCA boundaries in the Southern 

California Bight (south of 34°27′ N lat.) 

would not change, as the 75–100 fm 

(137–183 m) depth range is already 

open in this area. 

Catch Restriction Modifications 

The final rule for the 2023–24 

Groundfish Harvest Specification and 

Management Measures action (87 FR 

77007, December 16, 2022) authorized 

the use of two new hook-and-line gear 

configurations for use inside the NonTrawl RCA by the directed open access 

sector as defined at § 660.11. These two 

new gear configurations included 

stationary vertical jig gear (see 

§ 660.330(b)(3)(i)) and groundfish troll 

gear (see § 660.330(b)(3)(ii)). The 

implementing regulations for 

Amendment 32 as included in this 

proposed rule would allow vessels 

participating in the LEFG sector and 

vessels that use non-trawl gear under 

the Trawl IFQ program (i.e., ‘‘IFQ gear 

switchers’’) to fish with these gear types 

under their respective catch limits 

rather than under open access trip 

limits. In other words, LEFG vessels 

could fish inside the Non-Trawl RCA 

pursuant to their higher trip limits listed 

in subpart E Tables 1 North and South, 

and IFQ gear switchers could fish inside 

the Non-Trawl RCA under their quota 

pounds. Vessels would be required to 

make an appropriate declaration 

(specified at § 660.13(d)) that 

corresponds to their respective sector 

and the chosen gear type (i.e., either 

stationary vertical jig gear or groundfish 

troll gear). On a fishing trip where any 

fishing would occur inside the NonTrawl RCA, only one type of nonbottom contact gear would be permitted 

to be carried on board, and no other 

fishing gear of any type could be carried 

on board or stowed during that trip. The 

vessel would be allowed to fish inside 

and outside the Non-Trawl RCA on the 

same fishing trip, provided a valid 

declaration report as required at 

§ 660.13(d) is filed with NMFS’ Office of 

Law Enforcement (OLE). Crossover 

provisions at § 660.60(h)(7)(ii) would 

not apply for the two Non-Trawl RCA 

gear types (i.e., stationary vertical jig 

gear and groundfish troll gear). Access 

to these higher trip limits would 

increase fishing opportunity and 

provide operational flexibility for these 

vessels. 

Gear Modifications 

The two new hook-and-line gear 

configurations authorized as part of the 

2023–24 Groundfish Harvest 

Specification and Management 

Measures action (87 FR 77007, 

December 16, 2022) were implemented 

along with a suite of gear specifications 

intended to minimize yelloweye 

rockfish bycatch and seabird 

interactions. For the stationary vertical 

jig gear, currently fishermen must have 

a minimum of 50 feet (15 m) between 

the bottom weight and the lowest 

fishing hook to ensure that fishing 

activity is occurring off the bottom (see 

§ 660.330(b)(3)(i)(A)). In addition, 

currently only artificial bait is 

permitted; natural bait is prohibited (see 

§ 660.330(b)(3)(i)(D)). The proposed 

regulations for Amendment 32 would 

modify these gear restrictions to instead 

allow a minimum of 30 feet (9 m) 

between the bottom weight and the 

lowest fishing hook, and allow the use 

of natural bait. These changes are 

expected to increase catch of 

underutilized stocks, while continuing 

to mitigate catch of rebuilding stocks. 

No changes in gear modifications are 

being proposed for the groundfish troll 

gear configuration. Fishermen must 

continue to have a minimum of 50 feet 

(15 m) between the bottom weight and 

the lowest fishing hook, and are still 

required to use artificial bait with 

groundfish troll gear. 


lotter on DSK11XQN23PROD with PROPOSALS1
59840 Federal Register / Vol. 88, No. 167 / Wednesday, August 30, 2023 / Proposed Rules 

Revisions to Cowcod Conservation Area 

Management Measures 

The CCA was implemented in 2001 to 

reduce the bycatch of overfished 

cowcod (66 FR 2338, January 11, 2001), 

which was declared rebuilt in 2019. 

Within the CCA, which is comprised of 

the Western and Eastern CCAs, 

groundfish fishing by all commercial 

and recreational groundfish fisheries, 

including those that use both trawl and 

non-trawl gear, is prohibited. 

Amendment 32 and its implementing 

regulations included in this proposed 

rule would remove the CCA restrictions 

for all groundfish non-trawl fisheries, 

which would open up approximately 

4,663 sq mi (12,077 sq km) to all nontrawl commercial groundfish sectors. 

The CCA would remain in place for 

groundfish trawl fisheries, as the scope 

of the Council’s action only considered 

non-trawl sectors. The purpose of this 

change is to provide fishing opportunity 

in this area given the cowcod fishery 

has been declared rebuilt. Non-trawl 

fishing is currently allowed shoreward 

of the 40 fm (73 m) lines around the 

islands and banks within the current 

boundaries of the CCA. With the 

removal of the CCA restrictions, the 40 

fm (73 m) restriction would no longer be 

in place (i.e., vessels could operate 

anywhere in the area, subject to preexisting area closures). Eight new 

closures would be enacted in the former 

boundaries of the CCAs for non-trawl 

groundfish commercial and recreational 

fisheries (see the next section on 

Groundfish Exclusion Areas). 

The Council recommended defining 

new fathom lines around islands and 

banks that reside inside the current 

CCA. Specifically, the Council 

recommended that coordinates be 

defined in the regulations for the 50, 60, 

75, 125, and 150 fm (91 m, 110 m, 137 

m, 229 m, and 274 m) lines around 

Santa Barbara Island, San Nicolas 

Island, Cortes Bank, and Tanner Bank, 

and the 150 fm (274 m) line around 

Osborn Bank and the Eastern CCA. The 

purpose of defining these fathom lines 

around the islands and banks is to 

provide flexible management tools to 

restrict fishing seaward or shoreward of 

the new lines as needed, which would 

prevent interactions with certain 

nearshore species and control catch of 

groundfish. If Amendment 32 is 

approved and implemented in a final 

rule, these boundaries would be defined 

in the regulations and would be 

available for use in the future should the 

Council wish to recommend activating 

depth-based closures. The Council may 

also recommend modifying the status of 

these closures via an inseason action 

consistent with § 660.60(c) or via a 

rulemaking action for groundfish 

fisheries management. 

New Conservation Areas 

Groundfish Exclusion Areas 

Amendment 32 and its implementing 

regulations included in this proposed 

rule would create a new type of GCA 

called a GEA, which is intended to 

mitigate the impacts to sensitive 

environments from certain groundfish 

fishing activity. Specifically, eight GEAs 

would be established in this action: (1) 

Hidden Reef; (2) West of Santa Barbara 

Island; (3) Potato Bank; (4) 107/118 

Bank; (5) Cherry Bank; (6) Seamount 

109; (7) Northeast Bank; and (8) The 43- 

Fathom Spot. All of these GEAs would 

be located in the Southern California 

Bight within the area in which nontrawl CCA restrictions would be 

removed. These GEAs would keep 

approximately 428 square miles (1,100 

sq km) closed to non-trawl fishing effort. 

The purpose of this change is to create 

a type of GCA that can be used to 

protect sensitive areas and that can be 

separate and distinct from groundfish 

essential fish habitat (EFH). These GEAs 

would prohibit all commercial and 

recreational groundfish fishing. 

Commercial fishing vessels would be 

allowed to continually transit through 

GEAs provided that all gear is stowed. 

Recreational vessels would be allowed 

to continually transit through GEAs 

provided that no gear is deployed. 

Vessels fishing for non-groundfish 

species, including highly migratory 

species, would be permitted within 

GEAs, provided that no groundfish is on 

board the vessel. 

Yelloweye Rockfish Conservation Areas 

(YRCAs) 

A YRCA is a type of GCA used to 

mitigate bycatch of yelloweye rockfish 

in groundfish fisheries. Given that 

yelloweye rockfish is still rebuilding, 

the Council considered establishing new 

YRCAs in the event that yelloweye 

rockfish bycatch increases with 

increased fishing access to the NonTrawl RCA. Amendment 32 would 

establish four new YRCAs seaward of 

Oregon: (1) Tillamook YRCA; (2) 

Newport YRCA; (3) Florence YRCA; and 

(4) Heceta Bank YRCA. Within the 

YRCAs, restrictions would apply to both 

commercial groundfish non-trawl 

fisheries and the non-tribal directed 

commercial halibut fishery. In 

recommending Amendment 32, the 

Council proposed that only one of the 

YCRAs would be ‘‘active’’ at the time of 

implementation. The other three 

closures would be ‘‘inactive’’ until the 

Council recommends and NMFS 

implements those closures. Thus, in this 

proposed rule only the Heceta Bank 

YRCA is proposed to be active. The 

Tillamook, Newport, and Florence 

YRCAs would be defined and 

established in federal regulations at 

§ 660.11, but would remain inactive 

until the Council recommends 

modifying their inactive status and 

NMFS implements such changes via an 

inseason action consistent with 

§ 660.60(c) or a future rulemaking action 

on groundfish fisheries. NMFS would 

need to modify the status of these 

YRCAs for the non-tribal directed 

commercial halibut fishery via the 

rulemaking process, as the current 

regulations on the non-tribal directed 

halibut fishery do not include a 

regulatory mechanism for modifying 

closed areas inseason. 

Essential Fish Habitat Conservation 

Areas 

The Magnuson-Stevens Act requires 

that FMPs describe and identify EFH 

and minimize to the extent practicable 

adverse effects on EFH caused by 

fishing. The Pacific Coast Groundfish 

FMP authorizes the use of EFHCAs to 

protect groundfish EFH from specific 

types of fishing activity. Federal 

regulations at §§ 660.75 through 660.79 

provide the coordinates for all current 

EFHCAs off the U.S. West Coast. At 

present, there are two types of EFHCAs: 

bottom trawl and bottom contact. Both 

bottom trawl and bottom contact 

EFHCAs apply to all fisheries and are 

not limited in application to groundfish 

fisheries. Amendment 32 would create a 

new type of EFHCA that prohibits using 

non-trawl bottom contact gear (e.g., pot/ 

longline) for all non-tribal groundfish 

fisheries and the non-tribal directed 

commercial Pacific halibut fishery. The 

purpose of this new type of EFHCA is 

to protect groundfish EFH that would be 

newly exposed to non-trawl bottom 

contact gear from moving the seaward 

boundary of the Non-Trawl RCA to 75 

fm (137 m) seaward of Oregon. 

Specifically, this proposed rule would 

establish five new EFHCAs: (1) Nehalem 

Bank East; (2) Bandon High Spot East; 

(3) Arago Reef West; (4) Garibaldi Reef 

North; and (5) Garibaldi Reef South. All 

of these new EFHCAs overlap partially 

or entirely with existing bottom trawl 

EFHCAs (i.e., bottom trawl gear is 

already prohibited in these areas), 

which is why the specified gear 

prohibition only includes non-trawl 

bottom contact gear. Taking, retaining, 

or possessing (except for the purpose of 

continuous transit) groundfish or 

halibut in these new EFCHAs would be 

prohibited. 


lotter on DSK11XQN23PROD with PROPOSALS1
Federal Register / Vol. 88, No. 167 / Wednesday, August 30, 2023 / Proposed Rules 59841 

Block Area Closures 

The Pacific Coast Groundfish FMP 

and its implementing regulations 

currently authorize the use of Block 

Area Closures (BACs) as a routine 

management measure to control bycatch 

of groundfish in trawl fisheries. BACs 

are size variable spatial closures in the 

EEZ bounded by latitude lines, defined 

at § 660.11, with depth contour 

approximations defined at §§ 660.71 

through 660.74 ((10 fm (18 m) through 

250 fm (457 m)), and § 660.76 (700 fm 

(1280 m)). Amendment 28 to the FMP 

(84 FR 63966, November 19, 2019) first 

established BACs as a management tool. 

The salmon bycatch minimization 

measures final rule (86 FR 10857, 

February 23, 2021) expanded BACs as a 

tool to minimize salmon bycatch. 

Amendment 32 and its implementing 

regulations included in this proposed 

rule would expand the use of BACs for 

groundfish non-trawl fisheries. The 

purpose of this change is to create a 

mechanism to control bycatch of 

groundfish and bycatch of protected or 

prohibited species from non-trawl 

fisheries given the new flexibilities (e.g., 

newly opened fishing grounds) that 

would result from the implementation 

of this action. Thus, under this 

proposed rule, BACs could be 

implemented in the EEZ coastwide. 

BACs also could be implemented within 

tribal Usual and Accustomed (U&A) 

fishing areas but would only apply to 

non-tribal vessels. 

This proposed rule would not 

implement specific individual BACs. 

This proposed rule would allow NMFS 

to close or reopen BACs preseason or 

inseason. The approach would be 

consistent with existing routine 

management measures in framework 

amendments to the FMP that have 

already been implemented and 

incorporated into the regulations. Most 

trip, bag, and size limits, and some GCA 

closures in the groundfish fishery, 

including Bycatch Reduction Areas and 

BACs, have been designated routine 

management measures in the Pacific 

Coast Groundfish FMP and in 

§ 660.60(c). The Council can 

recommend to NMFS implementation or 

modification of these routine 

management measures through an 

expedited process involving a single 

Council meeting. Inseason changes are 

announced in the Federal Register 

pursuant to the requirements of the 

Administrative Procedure Act. If good 

cause exists under the Administrative 

Procedure Act to waive notice and 

comment, a single Federal Register 

notice will announce routine inseason 

BACs implemented by NMFS. 

When deciding whether to 

recommend BACs for NMFS to 

implement, consistent with the Pacific 

Coast Groundfish FMP, the Council 

considers environmental impacts, 

economic impacts, and public 

comments that are received via the 

Council process. Depending on the 

circumstances, NMFS may close areas 

for a defined period of time, for 

example, a few months or the remainder 

of the fishing year, or NMFS may 

maintain a closure for an indefinite 

period of time, for example, until 

reopened by a subsequent action. NMFS 

may close one or more BACs and the 

size of the BACs can vary. A Federal 

Register notice will announce the 

geographic boundaries of one or more 

BACs, the effective dates, applicable 

gear/fishery restrictions, as well as the 

purpose and rationale. NMFS would 

also disseminate this information on 

BACs through public notices and by 

posting on the West Coast Region 

website (see ADDRESSES for electronic 

access information). 

Expected Effects of This Action 

The Council prepared a detailed 

Analysis (see Electronic Access section 

of ADDRESSES) that analyzed the effects 

of Amendment 32 on various resources. 

A brief summary of expected effects 

from the Analysis is provided below. 

Target and Non-Target Species 

The Council and NMFS expect that 

impacts to target and non-target species 

would be within those described in the 

2023–2024 Biennial Harvest 

Specifications and Management 

Measures Environmental Assessment 

(EA), as this action would not change 

harvest specifications from those 

implemented in the 2023–2024 harvest 

specifications action (87 FR 77007, 

December 16, 2022). That analysis 

assumes that full annual catch limits 

(ACLs) are harvested for each stock 

within the fishery and NMFS issued a 

Finding of No Significant Impact for 

that action (see page 64 of 2023–2024 

EA, available at: https://

www.fisheries.noaa.gov/west-coast/ 

laws-and-policies/west-coast-regionnational-environmental-policy-actdocuments). 

Prohibited Species 

Prohibited species include those 

species and species groups whose 

retention is prohibited in the Pacific 

Coast groundfish fishery. Prohibited 

species include any species of salmonid, 

Pacific halibut, Dungeness crab caught 

seaward of Washington or Oregon, and 

groundfish species or species groups 

under the Pacific Coast Groundfish FMP 

for which quotas have been achieved 

and/or the fishery closed (see § 660.11). 

The Council and NMFS do not expect 

significant impacts to prohibited species 

including salmon, Dungeness crab, 

eulachon, and green sturgeon given the 

limited encounters and mortality 

associated with non-trawl fisheries. 

Non-trawl gear types have historically 

had little or no mortality of these 

species, and even with the expansion of 

opportunities for non-trawl fisheries 

through this action, mortality is 

expected to still be negligible. 

Protected Species 

Protected species include species 

other than prohibited species, that are 

protected under Federal law, including 

species listed under the Endangered 

Species Act (ESA), marine mammals 

protected under the Marine Mammal 

Protection Act (MMPA), and bird 

species protected under the Migratory 

Bird Treaty Act (MBTA). Protected 

species that may be affected by opening 

portions of the Non-Trawl RCA include 

humpback whales (listed under the ESA 

and MMPA), leatherback sea turtles 

(ESA), and short-tailed albatross (ESA 

and MBTA). 

The portion of the Non-Trawl RCA 

being opened seaward of Oregon and 

California between 75 and 100/125 fm 

(137 and 183/229 m) overlaps with ESAdesignated critical habitat for the 

Mexican distinct population segment 

(DPS) of humpback whales (see Figure 

27 of the Analysis). NMFS evaluated the 

effects of the groundfish fishery on ESAlisted humpback whales and their 

critical habitat in the 2020 Biological 

Opinion for the Pacific Coast 

Groundfish Fishery (WCRO–2018– 

01378). Under the MMPA, the sablefish 

pot fishery, which is a sector within the 

LEFG fishery, is listed as a Category II 

fishery, which means there is occasional 

incidental mortality and serious injury 

of marine mammals. Although there 

would likely be an effort shift from the 

sablefish pot fishery as well as other 

non-trawl fisheries into the newly 

opened area, the Council and NMFS do 

not anticipate an overall increase in the 

number of participants in any non-trawl 

fishery sector. As explained in the 

Analysis, it is the amount of gear in the 

water rather than the amount of area or 

habitat designation that affects potential 

entanglement risk for whales. This 

action does not change the overall 

amount of sablefish that can be caught 

by the fishery, which was analyzed as 

part of the 2023–2024 Biennial Harvest 

Specifications and Management 

Measures EA (available at https://

www.fisheries.noaa.gov/west-coast/ 

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59842 Federal Register / Vol. 88, No. 167 / Wednesday, August 30, 2023 / Proposed Rules 

nepa-documents). The density of pot 

gear and other non-trawl gear in the EEZ 

both shoreward and seaward of the NonTrawl RCA will likely lessen, as some 

vessels will likely shift some of their 

effort to the newly opened depth bin. 

This will increase the spatial 

distribution of pot gear, but will not 

change the overall amount of effort nor 

will it concentrate effort in a particular 

area. In addition, there is no evidence to 

suggest that vessels fishing in 75–100 or 

75–125 fm (137–183 or 137–229 m) 

would create more potential for whale 

interactions compared to fishing in 100– 

125 fm (183–229 m) or greater, depths 

at which fishing is already opened. 

Therefore, NMFS does not anticipate 

impacts to the Mexican DPS or the 

Central American DPS of humpback 

whales from Amendment 32 beyond 

those impacts already considered in the 

2020 Biological Opinion. 

The portion of the Non-Trawl RCA 

being opened seaward of Oregon and 

California between 75 and 100/125 fm 

(137 and 183/229 m) overlaps with ESAdesignated critical habitat for 

leatherback sea turtles (see Figure 27 of 

the Analysis). The effects of the 

groundfish fishery on ESA-listed 

leatherback sea turtles was evaluated in 

the 2012 Biological Opinion (NWR– 

2012–876) for the Pacific Coast 

Groundfish Fishery. There have been no 

observed takes of leatherback turtles in 

any groundfish fishery from 2015–2019 

(Agenda Item G.4.a, NMFS Report 5, 

June 2021). The only observed take in 

the groundfish fishery was in the Open 

Access pot fishery in 2008. Although 

there would likely be an effort shift from 

the LEFG sablefish pot fishery as well as 

other non-trawl fisheries into the newly 

opened area, the Council and NMFS do 

not anticipate an overall increase in the 

number of participants in any non-trawl 

fishery sector. As explained in the 

Analysis, it is the amount of gear in the 

water rather than the amount of area or 

habitat designation that affects potential 

entanglement risk for leatherback sea 

turtles. This action does not change the 

overall amount of sablefish that can be 

caught by the fishery, which was 

analyzed as part of the 2023–2024 

Biennial Harvest Specifications and 

Management Measures EA. The density 

of pot gear and other non-trawl gear in 

the EEZ both shoreward and seaward of 

the Non-Trawl RCA will likely lessen, 

as some vessels will likely shift some of 

their effort to the newly opened depth 

bin. This will increase the spatial 

distribution of pot gear, but will not 

change the overall amount of effort nor 

will it concentrate effort in a particular 

area. Therefore, the Council and NMFS 

do not anticipate significant impacts to 

this species. 

The portion of the Non-Trawl RCA 

being opened seaward of Oregon and 

California between 75 and 100/125 fm 

(137 and 183/229 m) could potentially 

increase interactions with ESA-listed 

short-tailed albatross. Longline gear, 

which is fished in all non-trawl sectors, 

is the primary gear evaluated in the 

2017 Biological Opinion (O1EOFWOO– 

2017–F–03 16) for the Pacific Coast 

Groundfish Fishery. All vessels over 26 

feet (8 m) in length and fishing with 

longline gear in the area North of 36° N 

lat. (i.e., in the primary area of overlap 

with short-tailed albatross habitat) are 

subject to existing mitigation 

requirements for seabirds, including 

night setting and the mandatory use of 

streamer lines (see Seabird Avoidance 

Program requirements at § 660.21). 

There have been no known takes of 

short-tailed albatross in the groundfish 

fishery since these required mitigation 

measures were implemented, and the 

same mitigation measures would still 

apply in the newly opened areas. 

Therefore, the Council and NMFS do 

not anticipate impacts to this species 

beyond those considered in the 2017 

Biological Opinion. 

Habitat 

The portion of the Non-Trawl RCA 

being opened seaward of Oregon and 

California between 75 and 100/125 fm 

(137 and 183/229 m), as well as the area 

being opened by removing the CCA in 

Southern California could adversely 

affect bottom habitat that could be 

newly exposed to bottom contact 

groundfish gear, including pot and 

longline gear. The majority of the area 

to be opened in the Non-Trawl RCA is 

soft substrate with some areas that 

include mixed/hard substrate with 

habitat-forming invertebrates (such as 

corals, basketstars, brittlestars, 

demosponges, gooseneck barnacles, sea 

anemones, sea lilies, sea urchins, sea 

whips, tube worms, and vase sponges). 

These mixed/hard areas largely fall 

within currently identified EFHCAs for 

bottom trawl. As described above under 

the heading, ‘‘New Conservation Areas,’’ 

the Council recommended additional 

protection from groundfish non-trawl 

bottom contact gear (i.e., pot and 

longline gear) for the portions of bottom 

trawl EFHCAs that would be newly 

exposed off Oregon. The newly exposed 

bottom trawl EFHCAs seaward of 

California will be evaluated in the 

Council’s next EFH review; this 

evaluation will include the question of 

whether to also prohibit non-trawl 

bottom contact gear, which is scheduled 

to begin in 2025. The Council also 

recommended the eight GEAs in the 

Southern California Bight to protect 

sensitive environments of concern in 

the area of the current CCA. Therefore, 

the Council and NMFS do not anticipate 

significant impacts to habitat from this 

action. 

Economic Benefits 

The Council and NMFS anticipate 

that this action would increase the 

overall economic value of the 

groundfish and directed commercial 

halibut fisheries by providing access to 

almost three thousand square miles of 

fishing grounds that have been closed to 

non-trawl groundfish and halibut 

fishing for over two decades. In 

addition, relaxed gear and catch 

restrictions would allow for diversified 

fishing strategies and access to higher 

trip limits/quotas within the remaining 

Non-Trawl RCA boundaries. As detailed 

in the Analysis, fishing ports with lower 

attainment of sablefish are likely to 

benefit most from the new 

opportunities; however, ports with high 

attainment of sablefish could potentially 

also benefit from access to larger, higher 

value sablefish and reduced fuel costs 

from vessels not having to travel beyond 

100 or 125 fm (183 or 229 m) to access 

larger sablefish. 

Administrative Regulatory Changes 

In addition to the actions 

recommended by the Council above, 

NMFS is also proposing to make three 

minor regulatory changes in this final 

rule. These changes, which are 

necessary to improve clarity of existing 

regulations, are administrative in 

nature. 

Groundfish Conservation Area 

Nomenclature Corrections 

NMFS proposes to universally correct 

all instances of ‘‘Cordell Banks’’ to its 

correct name of ‘‘Cordell Bank.’’ NMFS 

also proposes to modify the description 

of the Cordell Bank GCA at § 660.70(q) 

to clarify that fishing is not permitted 

‘‘within’’ its boundaries as opposed to 

‘‘around’’ its boundaries, as currently 

specified in the regulations. The 

purpose of this change is to clarify the 

intended meaning of these regulations 

for fishermen and to support 

enforcement efforts, but this change 

would not constitute a material change 

to the GCA. 

Bait Definitions 

NMFS proposes to add regulatory 

definitions for artificial lure, bait (both 

natural and artificial), and weighted 

gear under § 660.11. This rule proposes 

to allow for the use of natural bait on 

non-bottom contact stationary vertical 


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jig gear in the Non-Trawl RCA, and to 

continue to prohibit its use on 

groundfish troll gear in the Non-Trawl 

RCA. However, natural bait is not 

defined in the regulations. The purpose 

of adding these definitions (which are 

based on common usage) is to clarify the 

types of bait that are permitted for use 

within the Non-Trawl RCA. This will 

aid fishermen and support enforcement 

efforts. 

Vessel Monitoring System Exemptions 

Vessels participating in the limited 

entry groundfish fishery, open access 

vessels using non-groundfish trawl gear 

(vessels fishing for ridgeback prawn, 

California halibut, and sea cucumber 

trawl), and any vessels that use open 

access gear targeting groundfish or that 

have groundfish bycatch (salmon troll, 

prawn trap, Dungeness crab, halibut 

longline, California halibut line gear, 

and sheephead trap), are required to 

install a NMFS OLE type-approved 

mobile transceiver unit and to arrange 

for a NMFS OLE type-approved 

communications service provider to 

receive and relay transmissions to 

NMFS OLE prior to fishing. These units 

automatically record a vessel’s position 

(i.e., the vessel’s geographic location in 

latitude and longitude coordinates), and 

transmit those coordinates to a 

communications service provider. 

Under current regulation, exemptions 

from the VMS requirement for specific 

reasons are allowed (50 CFR 

660.14(d)(4)). VMS users must follow 

the requirements at § 660.14(d)(4)(vi) to 

submit exemption reports. Current 

exemptions include a haul out 

exemption, an outside areas exemption, 

a permit exemption, and a long-term 

departure exemption. This proposed 

rule would create two new exemptions: 

one for maintenance that does not 

require a haulout, and one for sale of a 

vessel. Like the existing haulout 

exemption, the new maintenance 

exemption would allow VMS units to 

temporarily be inoperable and would 

allow transmissions to be discontinued 

while work is being done on the vessel. 

However, the new maintenance 

exemption would not be limited to 

maintenance that is conducted while a 

vessel is hauled out. 

The new exemption for sale of a 

vessel would be an extension of the 

current long-term departure exemption. 

This new exemption for sale of a vessel 

is proposed as a response to situations 

in which new owners purchase vessels 

and discontinue use of VMS units used 

by the previous owners. If the previous 

owners do not submit a Long-Term 

Departure exemption prior to the sale, 

the requirement for the VMS units to 

operate continues to exist on the sold 

vessels, even when the new owners do 

not participate in an activity requiring 

VMS. 

Both of these proposed new 

exemptions would create flexibilities in 

the vessel owners’ VMS requirements 

when vessels are not participating in an 

activity requiring VMS. If these new 

exemptions are not added to the 

regulations, fishermen would continue 

to be in violation of VMS requirements 

while their vessels undergo long-term 

maintenance or when prior owners of 

newly purchased vessels did not submit 

a long-term departure exemption prior 

to selling the vessel. 

Classification 

Pursuant to section 304(b)(1)(A) and 

305(d) of the Magnuson-Stevens Act and 

Section 5 of the Northern Pacific 

Halibut Act of 1982 (Halibut Act, 16 

U.S.C. 773c), the NMFS Assistant 

Administrator has determined that this 

proposed rule to implement 

Amendment 32 is consistent with the 

FMP, other provisions of the MagnusonStevens Act, and other applicable law, 

subject to further consideration after 

public comment. For rulemaking 

efficiency, NMFS is also proposing 

minor administrative regulatory 

changes. These changes include 

corrections to all references to ‘‘Cordell 

Bank,’’ and, in the description of the 

Cordell Bank GCA at § 660.70(q), 

clarifying that fishing is not permitted 

‘‘within’’ its boundaries as opposed to 

‘‘around’’ its boundaries; adding new 

regulatory definitions for different types 

of fishing bait, and adding new 

exemptions to the Vessel Monitoring 

System reporting requirements. 

This proposed rule has been 

determined to be not significant for 

purposes of Executive Order 12866. 

There are no relevant federal rules 

that may duplicate, overlap, or conflict 

with this action. 

Certification Under the Regulatory 

Flexibility Act 

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 adverse economic 

impact on a substantial number of small 

entities. 

For purposes of the Regulatory 

Flexibility Act (5 U.S.C. 601 et seq.) 

(RFA) only, NMFS has established a 

small business size standard for 

businesses, including their affiliates, 

whose primary industry is commercial 

fishing (see 50 CFR 200.2). A business 

primarily engaged in commercial fishing 

is classified as a small business if it is 

independently owned and operated, is 

not dominant in its field of operation 

(including its affiliates), and has 

combined annual receipts not in excess 

of $11 million for all its affiliated 

operations worldwide. This standard 

applies to all businesses classified 

under North American Industry 

Classification System (NAICS) code 

11411 for commercial fishing, including 

all businesses classified as commercial 

finfish fishing (NAICS 114111), 

commercial shellfish fishing (NAICS 

114112), and other commercial marine 

fishing (NAICS 114119) businesses (50 

CFR 200.2; 13 CFR 121.201). 

This proposed rule would directly 

affect groundfish vessels fishing in the 

directed Open Access, LEFG, IFQ gear 

switching, and California recreational 

fishery sectors. The proposed rule 

would also directly affect vessels 

participating in the non-tribal directed 

commercial Pacific halibut fishery. The 

table below shows the possible ranges 

and average numbers of vessels that 

participated in these fishery sectors 

from 2019–2022. 

TABLE 1—VESSEL PARTICIPATION IN

AFFECTED GROUNDFISH NON-TRAWL

SECTORS, 2019–2022 

Fishery 

Vessels (n) 

Range Average 

Open Access ........................... 573–681 614 

Limited Entry Fixed Gear ........ 113–138 123 

IFQ- Gear Switching ............... 9–16 12 

Directed Halibut ....................... 81–99 88 

CA Recreational (CPFV) ......... 178–195 97 

Of those participants, all open access, 

directed commercial halibut, and 

commercial passenger fishing vessels 

(CPFV) are considered small entities. In 

2022, 197 of the 218 LEFG reported 

themselves as small entities. For those 

that reported themselves as large 

entities, there were some that owned 

multiple permits with one entity 

owning four permits, one owning three 

permits, and three owning two permits. 

Of the 9–16 vessels fishing in the IFQ 

gear switching sector from 2019–2022, 

these vessels used 20 trawl endorsed 

permits. In 2022, only one of those 

permit owners reported as a large entity. 

In addition, this proposed rule is not 

expected to place small entities at a 

significant competitive disadvantage to 

large entities. 

The economic impact of the proposed 

action would be mostly positive for the 

affected small entities, as Amendment 

32 and its proposed regulations would 

expand fishing opportunity (and 

therefore increase potential profitability) 

for all affected small entities through 


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59844 Federal Register / Vol. 88, No. 167 / Wednesday, August 30, 2023 / Proposed Rules 

opening of closed areas and relaxing 

gear/catch restrictions in the remaining 

closed areas. The development of new 

closed areas (i.e., GEAs, YRCAs, and 

EFHCAs) restricts a smaller overall area 

in comparison to the area being opened 

for fishing. The development of BACs 

would have a neutral impact on small 

entities as this action is creating the 

management tool and is not 

implementing any BAC upon 

implementation of the final rule for this 

action. In addition, none of the 

administrative regulatory changes 

would have an economic impact on 

fishery participants. 

For these reasons, NMFS believes that 

this proposed rule would not have a 

significant adverse 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. Information 

Collection Requirements 

This proposed rule contains a 

collection-of-information requirement 

subject to review and approval by the 

Office of Management and Budget 

(OMB) under the Paperwork Reduction 

Act (PRA). This rule would revise the 

existing requirements under OMB 

control # 0648–0573, ‘‘VMS and 

Declarations,’’ by adding and modifying 

declaration codes for the purpose of 

monitoring and enforcing the new 

provisions in the Non-Trawl RCA for 

limited fixed gear vessels and IFQ gear 

switchers. These new declaration codes 

are not anticipated to alter the number 

of respondents, anticipated responses, 

burden hours, or burden costs, as the 

affected vessels are already required to 

declare their fishing activities. The new 

declaration codes would allow NOAA’s 

OLE to track those vessels that are 

declaring to fish inside the Non-Trawl 

RCA and identify what catch limits they 

should adhere to. Public reporting 

burden for submitting a declaration 

report is estimated to average 4 minutes 

per individual report, including the 

time for reviewing instructions, 

searching existing data sources, 

gathering and maintaining the data 

needed, and completing and reviewing 

the collection of information. 

Public comment is sought 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; 

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. 

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 

50 CFR Part 300 

Fish, Fisheries, Fishing, Fishing 

vessels. 

50 CFR Part 660 

Fisheries, Fishing, Reporting and 

recordkeeping requirements. 

Dated: August 22, 2023. 

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 parts 300 and 660 as follows: 

PART 300—INTERNATIONAL 

FISHERIES REGULATIONS 

Subpart E—Pacific Halibut Fisheries 

■ 1. The Authority citation for part 300 

continues to read as follows: 

Authority: 16 U.S.C. 773–773k 

■ 2. Amend § 300.63 by revising 

paragraph (f) to read as follows: 

§ 300.63 Catch sharing plan and domestic 

management measures in Area 2A. 

* * * * * 

(f) Area 2A Non-Treaty Commercial 

Fishery Closed Areas. 

(1) Nontrawl Rockfish Conservation 

Area (RCA). Non-tribal commercial 

vessels operating in the directed 

commercial fishery for halibut in Area 

2A are prohibited from fishing within a 

groundfish closed area known as the 

nontrawl RCA. Nontrawl RCA 

boundaries are defined by specific 

latitude and longitude coordinates that 

approximate depth contours. Between 

the U.S./Canada border and 46°16′ N 

lat., the shoreward boundary of the 

nontrawl RCA is the EEZ. Between 

46°16′ N lat. and 40°10′ N lat., the 

shoreward boundary of the nontrawl 

RCA is a line approximating the 30-fm 

(55-m) depth contour, or the shoreward 

boundary of the EEZ, whichever is more 

seaward. Coordinates for the 30-fm (55- 

m) boundary are listed at 50 CFR 

660.71(e). Between the U.S./Canada 

border and 46°16′ N lat., the seaward 

boundary of the nontrawl RCA is a line 

approximating the 100-fm (183-m) 

depth contour. Coordinates for the 100- 

fm (183-m) boundary are listed at 50 

CFR 660.73(a). Between 46°16′ N lat. 

and 40°10′ N lat., the seaward boundary 

of the nontrawl RCA is a line 

approximating the 75-fm (137-m) depth 

contour. Coordinates for the 75-fm (137- 

m) boundary are listed at 50 CFR 

660.72(j). 

(2) North Coast Commercial 

Yelloweye Rockfish Conservation Area 

(YRCA). YRCAs are defined in the 

groundfish regulations at 50 CFR 

660.70. Vessels that incidentally catch 

halibut while fishing in the sablefish 

primary fishery are required to follow 

area closures and gear restrictions 

defined in the groundfish regulations. It 

is unlawful to take and retain, possess 

(except for the purpose of continuous 

transit) or land halibut with limited 

entry longline gear within the North 

Coast Commercial Yelloweye Rockfish 

Conservation Area. All fishing gear for 

targeting halibut must be stowed while 

transiting through the North Coast 

Commercial YRCA when the closure is 

in effect. 

(3) Salmon Troll YRCA. YRCAs are 

defined in the groundfish regulations at 

50 CFR 660.70 and in the salmon 

regulations at 50 CFR 660.405(c). Nontribal commercial vessels that 

incidentally catch halibut while fishing 

in the salmon troll fishery are 

prohibited from fishing within a closed 

area known as the Salmon Troll YRCA. 

It is unlawful for commercial salmon 

troll vessels to take and retain, possess 

(except for the purpose of continuous 

transit) or land halibut within the 

Salmon Troll YRCA. All fishing gear for 

targeting halibut must be stowed while 

transiting through the Salmon Troll 

YRCA when the closure is in effect. 

(4) Tillamook YRCA. YRCAs are 

defined in the groundfish regulations at 

50 CFR 660.70. It is unlawful for nontribal commercial vessels operating in 

the directed halibut fishery in Area 2A 

to take and retain, possess (except for 

the purpose of continuous transit) or 

land halibut within the Tillamook 

YRCA. All fishing gear for targeting 

halibut must be stowed while transiting 

through the Tillamook YRCA when the 

closure is in effect. The closure is not in 

effect at this time. 

(5) Newport YRCA. YRCAs are 

defined in the groundfish regulations at 

50 CFR 660.70. It is unlawful for nontribal commercial vessels operating in 

the directed halibut fishery in Area 2A 

to take and retain, or possess (except for 

the purpose of continuous transit) or 

land halibut within the Newport YRCA. 

All fishing gear for targeting halibut 


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must be stowed while transiting through 

the Newport YRCA when the closure is 

in effect. The closure is not in effect at 

this time. 

(6) Florence YRCA. YRCAs are 

defined in the groundfish regulations at 

50 CFR 660.70. It is unlawful for nontribal commercial vessels operating in 

the directed halibut fishery in Area 2A 

to take and retain, possess (except for 

the purpose of continuous transit) or 

land halibut within the Florence YRCA. 

All fishing gear for targeting halibut 

must be stowed while transiting through 

the Florence YRCA when the closure is 

in effect. The closure is not in effect at 

this time. 

(7) Heceta Bank YRCA. YRCAs are 

defined in the groundfish regulations at 

50 CFR 660.70. It is unlawful for nontribal commercial vessels operating in 

the directed halibut fishery in Area 2A 

to take and retain, possess (except for 

the purpose of continuous transit) or 

land halibut within the Heceta Bank 

YRCA. All fishing gear for targeting 

halibut must be stowed while transiting 

through the Heceta Bank YRCA when 

the closure is in effect. 

(8) Nehalem Bank East Essential Fish 

Habitat Conservation Area (EFHCA). 

EFHCAs are defined in the groundfish 

regulations at 50 CFR 660.70. It is 

unlawful for non-tribal commercial 

vessels operating in the directed halibut 

fishery in Area 2A to take and retain, 

possess (except for the purpose of 

continuous transit) or land halibut 

within the Nehalem Bank East EFHCA. 

All fishing gear for targeting halibut 

must be stowed while transiting through 

the Nehalem Bank East EFCHA. 

(9) Garibaldi Reef North EFHCA. 

EFHCAs are defined in the groundfish 

regulations at 50 CFR 660.70. It is 

unlawful for non-tribal commercial 

vessels operating in the directed halibut 

fishery in Area 2A to take and retain, 

possess (except for the purpose of 

continuous transit) or land halibut 

within the Garibaldi Reef North EFHCA. 

All fishing gear for targeting halibut 

must be stowed while transiting through 

the Garibaldi Reef North EFCHA. 

(10) Garibaldi Reef South EFHCA. 

EFHCAs are defined in the groundfish 

regulations at 50 CFR 660.70. It is 

unlawful for non-tribal commercial 

vessels operating in the directed halibut 

fishery in Area 2A to take and retain, 

possess (except for the purpose of 

continuous transit) or land halibut 

within the Garibaldi Reef South EFHCA. 

All fishing gear for targeting halibut 

must be stowed while transiting through 

the Garibaldi Reef South EFCHA. 

(11) Arago Reef West EFHCA. 

EFHCAs are defined in the groundfish 

regulations at 50 CFR 660.70. It is 

unlawful for non-tribal commercial 

vessels operating in the directed halibut 

fishery in Area 2A take and retain, 

possess (except for the purpose of 

continuous transit) or land halibut 

within the Arago Reef EFHCA. All 

fishing gear for targeting halibut must be 

stowed while transiting through the 

Arago Reef West EFCHA. 

(12) Bandon High Spot East EFHCA. 

EFHCAs are defined in the groundfish 

regulations at 50 CFR 660.70. It is 

unlawful for non-tribal commercial 

vessels operating in the directed halibut 

fishery in Area 2A to take and retain, 

possess (except for the purpose of 

continuous transit) or land halibut 

within the Bandon High Spot East 

EFHCA. All fishing gear for targeting 

halibut must be stowed while transiting 

through the Bandon High Spot East 

EFCHA. 

PART 660—FISHERIES OFF WEST 

COAST STATES 

■ 3. The authority citation for part 660 

continues to read as follows: 

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

U.S.C. 773 et seq., and 16 U.S.C. 7001 et seq. 

Subpart C [Amended] 

■ 4. In subpart C of part 660, revise all 

references to ‘‘Cordell Banks’’ to read 

‘‘Cordell Bank’’. 

■ 5. Amend § 660.11 by: 

■ a. Adding in alphabetical order, the 

definitions for ‘‘Artificial lure’’ and 

‘‘Bait’’; 

■ b. In the definition for ‘‘Conservation 

area(s)’’: 

■ i. Revising paragraph (1) introductory 

text and paragraph (1)(i); 

■ ii. Redesignating paragraphs (1)(vi) 

and (1)(vii) as (1)(vii) and (1)(viii); 

■ iii. Adding new paragraph (1)(vi); and 

■ c. Adding in alphabetical order the 

definition for ‘‘Weighted gear’’. 

The additions and revisions read as 

follows: 

§ 660.11 General definitions. 

* * * * * 

Artificial lure means any 

manufactured or man-made nonscented/non-flavored (regardless if scent 

or flavor is added in the manufacturing 

process or added afterwards) device 

complete with hooks, intended to attract 

fish. Artificial lures include, but are not 

limited to: spoons, spinners, artificial 

flies, and plugs. Artificial lures are 

made of metal, plastic, wood, or other 

non-edible materials. 

Bait (natural or artificial) means any 

substance which attracts fish. Natural 

bait includes any natural biological 

substance used to attract or catch fish 

(e.g., herring/fish eggs). Artificial bait 

includes any manufactured device used 

to attract or catch fish. 

* * * * * 

Conservation area(s) * * * 

(1) Groundfish Conservation Area or 

GCA means a conservation area created 

or modified and enforced to control 

catch of groundfish or protected species. 

Regulations at § 660.60(c)(3) describe 

the various purposes for which NMFS 

may implement certain types of GCAs 

through routine management measures. 

Regulations at § 660.70 further describe 

and define coordinates for certain GCAs, 

including: Yelloweye Rockfish 

Conservation Areas; Cowcod 

Conservation Areas; Groundfish 

Exclusion Areas; waters encircling the 

Farallon Islands; and waters encircling 

the Cordell Bank. GCAs also include 

depth-based closures bounded by lines 

approximating depth contours, 

including Bycatch Reduction Areas or 

BRAs, or bounded by depth contours 

and lines of latitude, including Block 

Area Closures, or BACs, and Rockfish 

Conservation Areas, or RCAs, which 

may be closed to fishing with particular 

gear types. BRA, BAC, and RCA 

boundaries may change seasonally 

according to conservation needs. 

Regulations at §§ 660.71 through 660.74, 

and § 660.76 define depth-based 

boundary lines with latitude/longitude 

coordinates that may be used to enact 

depth-based closures. Regulations in 

this section describe commonly used 

geographic coordinates that define lines 

of latitude. Fishing prohibitions 

associated with GCAs are in addition to 

those associated with other conservation 

areas. 

(i) Block Area Closures or BACs are 

bounded on the north and south by 

commonly used geographic coordinates 

defined in this section, and on the east 

and west by the EEZ, and boundary 

lines approximating depth contours, 

defined with latitude and longitude 

coordinates at §§ 660.71 through 660.74 

(10 fm (18 m) through 250 fm (457 m)), 

and § 660.76 (700 fm (1,280 m)). BACs 

may be implemented or modified as 

routine management measures, per the 

provisions of § 660.60(c). BACs may be 

implemented to control catch of 

groundfish by vessels taking and 

retaining groundfish in the EEZ seaward 

of Washington, Oregon and California 

for vessels using any gear type (trawl or 

non-trawl). BACs may be implemented 

to minimize bycatch of Chinook salmon 

and coho salmon by bottom trawl or 

midwater trawl vessels in the EEZ 

seaward of Oregon and California, and 

by midwater trawl vessels in the EEZ 

seaward of Washington, but shoreward 

of the boundary line approximating the 


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250 fm (457 m) depth contour as 

defined in § 660.74. BACs may vary in 

their geographic boundaries, duration, 

and the gears to which they apply. Their 

geographic boundaries, applicable gear 

type(s) and/or specific fishery program, 

and effective dates will be announced in 

the Federal Register. BACs may be 

implemented within tribal Usual and 

Accustomed fishing areas but may only 

apply to non-tribal vessels. 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 

NMFS are set out in the trip limit tables 

of subparts D through F of this part. 

* * * * * 

(vi) Groundfish Exclusion Areas or 

GEAs are defined at § 660.70. 

* * * * * 

Weighted gear means any fishing gear 

that is combined with an object 

intended to make the bait, lure or hook 

sink (e.g. lead or steel sinkers). 

■ 6. Amend § 660.12 by: 

■ a. Redesignating paragraph (a)(19) as 

(20); 

■ b. Adding new paragraph (a)(19); and 

■ c. Adding new paragraph (a)(21). 

The additions read as follows: 

§ 660.12 General groundfish prohibitions. 

* * * * * 

(a) * * * 

(19) Fish for, take and retain, possess 

(except for the purpose of continuous 

transiting) or land any species of 

groundfish with groundfish non-trawl 

bottom contact gear (defined at § 660.11) 

in the following EFHCAs: Arago Reef 

West, Bandon High Spot East, Garibaldi 

Reef North, Garibaldi Reef South, and 

Nehalem Bank East. 

* * * * * 

(21) Fish for, take and retain, possess 

(except for the purpose of continuous 

transiting) or land any species of 

groundfish in a Block Area Closure 

enacted under subparts C through F of 

this part. 

* * * * * 

■ 7. Amend § 660.13 by redesignating 

paragraphs (d)(4)(iv)(A)(30) through (37) 

as d)(4)(iv)(A)(34) through (41) and 

adding new paragraphs (d)(4)(iv)(A)(30) 

through (33) to read as follows: 

§ 660.13 Recordkeeping and reporting. 

* * * * * 

(d) * * * 

(4) * * * 

(iv) * * * 

(A) * * * 

(30) Limited entry fixed gear nonbottom contact stationary vertical jig 

gear (allowed inside or outside the 

nontrawl RCA) (declaration code 12); 

(31) Limited entry fixed gear nonbottom contact groundfish troll gear 

(allowed inside or outside the nontrawl 

RCA) (declaration code 13); 

(32) Limited entry groundfish nontrawl, shorebased IFQ, non-bottom 

contact stationary vertical jig gear 

(allowed inside or outside the nontrawl 

RCA) (declaration code 14); 

(33) Limited entry groundfish nontrawl, shorebased IFQ, non-bottom 

contact groundfish troll gear (allowed 

inside or outside the nontrawl RCA) 

(declaration code 15); 

* * * * * 

■ 8. Amend § 660.14 by: 

■ a. Revising paragraph (d)(4) 

introductory paragraph, and paragraphs 

(d)(4)(iii) through (vii); and 

■ b. Adding paragraphs (d)(4)(viii) 

through (ix). 

The revisions and additions read as 

follows: 

§ 660.14 Vessel Monitoring System (VMS) 

Requirements. 

* * * * * 

(d) * * * 

(4) VMS exemptions. A vessel that is 

required to operate and maintain the 

mobile transceiver unit continuously 24 

hours a day throughout the fishing year 

may be exempted from this requirement 

if a valid exemption report, as described 

at paragraph (d)(4)(ix) of this section, is 

received by NMFS OLE and the vessel 

is in compliance with all conditions and 

requirements of the VMS exemption 

identified in this section and specified 

in the exemption report. 

* * * * * 

(iii) Permit 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 offshore) for the 

remainder of the fishing year. If the 

vessel is used to fish in this area for any 

species of fish at any time during the 

remaining portion of the fishing year 

without being registered to a limited 

entry permit, the vessel is required to 

have and use VMS. 

(iv) Long-term departure exemption. 

A vessel participating in the open access 

fishery that is required to have VMS 

under paragraph (b)(2) of this section 

may be exempted from VMS provisions 

after the end of the fishing year in 

which it used non-groundfish trawl 

gear, providing the vessel submits a 

completed exemption report signed by 

the vessel owner that includes a 

statement signed by the vessel owner 

indicating that the vessel will not use 

non-groundfish trawl gear to fish in the 

EEZ during the new fishing year/A 

vessel participating in the open access 

fishery that is required to have VMS 

under paragraph (b)(3) of this section 

also may be exempted from VMS 

provisions after the end of the fishing 

year in which it fished in the open 

access fishery, providing the vessel 

submits a completed exemption report 

signed by the vessel owner that includes 

a statement signed by the vessel owner 

indicating that the vessel will not be 

used to take and retain or possess 

groundfish in the EEZ or land 

groundfish taken in the EEZ during the 

new fishing year. 

(v) Maintenance Exemption. When it 

is anticipated that a vessel will be 

without power or in a maintenance 

condition for more than 4 consecutive 

hours, preventing operation of the 

vessel’s VMS unit, and if a valid 

exemption report has been received by 

NMFS OLE, electrical power to the VMS 

mobile transceiver unit may be removed 

and transmissions may be discontinued. 

Under this exemption, VMS 

transmissions can be discontinued from 

the time the vessel is in the 

maintenance condition until the time 

the maintenance is completed. 

(vi) Sale of Vessel Exemption. When 

a new vessel owner purchases a vessel 

with VMS and does not intend to 

participate in an activity requiring VMS, 

but the previous vessel owner had not 

received a VMS exemption prior to the 

sale, VMS transmissions may be 

discontinued by the new vessel owner. 

Under this exemption, VMS 

transmissions can be discontinued 

indefinitely, upon purchase of the 

vessel, and no subsequent VMS 

transmissions will be required unless 

the new vessel owner engages in an 

activity requiring VMS. 

(vii) Emergency exemption. Vessels 

required to have VMS under paragraph 

(b) of this section may be exempted 

from VMS provisions in emergency 

situations that are beyond the vessel 

owner’s control, including but not 

limited to: Fire, flooding, or extensive 

physical damage to critical areas of the 

vessel. A vessel owner may apply for an 

emergency exemption from the VMS 

requirements specified in paragraph (b) 

of this section for his/her vessel by 

sending a written request to NMFS OLE 

specifying the following information: 

The reasons for seeking an exemption, 

including any supporting documents 

(e.g., repair invoices, photographs 

showing damage to the vessel, insurance 

claim forms, etc.); the time period for 

which the exemption is requested; and 


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the location of the vessel while the 

exemption is in effect. NMFS OLE will 

issue a written determination granting 

or denying the emergency exemption 

request. A vessel will not be covered by 

the emergency exemption until NMFS 

OLE issues a determination granting the 

exemption. If an exemption is granted, 

the duration of the exemption will be 

specified in the NMFS OLE 

determination. 

(viii) Submission of exemption 

reports. Signed long-term departure 

exemption reports must be submitted by 

fax or by emailing an electronic copy of 

the actual report. In the event of an 

emergency in which an emergency 

exemption request will be submitted, 

initial contact with NMFS OLE must be 

made by telephone, fax or email within 

24 hours from when the incident 

occurred. Emergency exemption 

requests must be requested in writing 

within 72 hours from when the incident 

occurred. Maintenance exemption 

requests must include signed written 

documentation of the work being done 

and the name of the company doing the 

work, if applicable. Sale of Vessel 

exemption requests must include 

documentation of purchase of the vessel 

by the new owner. Other exemption 

reports must be submitted through the 

VMS or another method that is 

approved by NMFS OLE and announced 

in the Federal Register. Submission 

methods for exemption requests, except 

maintenance, sale of vessel, long-term 

departures and emergency exemption 

requests, may include email, facsimile, 

or telephone. NMFS OLE will provide, 

through appropriate media, instructions 

to the public on submitting exemption 

reports. Instructions and other 

information needed to make exemption 

reports may be mailed to the vessel 

owner’s address of record. NMFS will 

bear no responsibility if a notification is 

sent to the address of record for the 

vessel owner and is not received 

because the vessel owner’s actual 

address has changed without 

notification to NMFS. Owners of vessels 

required to use VMS who do not receive 

instructions by mail are responsible for 

contacting NMFS OLE during business 

hours at least 3 days before the 

exemption is required to be submitted to 

obtain information needed to make 

exemption reports. NMFS OLE must be 

contacted during business hours 

(Monday through Friday between 0800 

and 1700 Pacific Time). 

(ix) Valid exemption reports. For an 

exemption report to be valid, it must be 

received by NMFS at least 2 hours and 

not more than 24 hours before the 

exempted activities defined at 

paragraphs (d)(4)(i) through (vi) of this 

section occur. An exemption report is 

valid until NMFS receives a report 

canceling the exemption. An exemption 

cancellation must be received at least 2 

hours before the vessel re-enters the EEZ 

following an outside areas exemption; at 

least 2 hours before the vessel is placed 

back in the water following a haul out 

exemption; at least 2 hours before the 

vessel operates following a maintenance 

exemption; at least 2 hours before the 

vessel resumes fishing for a species of 

fish or with gear requiring VMS in state 

or Federal waters off the States of 

Washington, Oregon, or California after 

it has received a permit exemption; or 

at least 2 hours before a vessel resumes 

fishing in the open access fishery after 

a long-term departure exemption. If a 

vessel is required to submit an 

activation report under paragraph 

(d)(2)(i) of this section before returning 

to fish, that report may substitute for the 

exemption cancellation. Initial contact 

must be made with NMFS OLE not more 

than 24 hours after the time that an 

emergency situation occurred in which 

VMS transmissions were disrupted and 

followed by a written emergency 

exemption request within 72 hours from 

when the incident occurred. If the 

emergency situation upon which an 

emergency exemption is based is 

resolved before the exemption expires, 

an exemption cancellation must be 

received by NMFS at least 2 hours 

before the vessel resumes fishing. 

* * * * * 

■ 9. Amend § 660.60 by revising 

paragraphs (c)(3)(i)(C) and (h)(7)(ii)(A) 

to read as follows: 

§ 660.60 Specifications and management 

measures. 

* * * * * 

(c) * * * 

(3) * * * 

(i) * * * 

(C) Block Area Closures. BACs, as 

defined at § 660.11, may be closed or 

reopened, in the EEZ off Washington, 

Oregon and California, for vessels taking 

and retaining groundfish using any gear 

(trawl or non-trawl) in the EEZ 

consistent with the purposes described 

in this paragraph (c)(3)(i). 

* * * * * 

(h) * * * 

(7) * * * 

(ii) * * * 

(A) Fishing in limited entry and open 

access fisheries with different trip limits. 

Open access trip limits apply to any 

fishing conducted with open access 

gear, even if the vessel has a valid 

limited entry permit with an 

endorsement for another type of gear. A 

vessel that fishes in both the open 

access and limited entry fisheries is not 

entitled to two separate trip limits for 

the same species. If a vessel has a 

limited entry permit registered to it at 

any time during the trip limit period 

and uses open access gear, but the open 

access limit is smaller than the limited 

entry limit, the open access limit may 

not be exceeded and counts toward the 

limited entry allocation as established 

under the biennial groundfish harvest 

specifications. If a vessel has a limited 

entry permit registered to it at any time 

during the trip limit period and uses 

open access gear, but the open access 

limit is larger than the limited entry 

limit, the smaller limited entry limit 

applies, even if taken entirely with open 

access gear. These provisions do not 

apply to: 

(1) IFQ species (defined at 

§ 660.140(c)) for vessels that are 

declared into the Shorebased IFQ 

Program (see § 660.13(d)(4)(iv)(A)) for 

valid Shorebased IFQ Program 

declarations). 

(2) Vessels with a valid limited entry 

permit endorsed for longline and/or pot 

gear fishing inside the nontrawl RCA 

with stationary vertical jig gear or 

groundfish troll gear as defined at 

§ 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 2 (North) and Table 2 (South) of 

subpart E, either inside or outside the 

nontrawl RCA. This provision only 

applies on fishing trips where the vessel 

made the appropriate declaration 

(specified at § 660.13(d)(4)(iv)(A)). 

* * * * * 

■ 10. Amend § 660.70 by revising 

paragraphs (g) through (q) and adding 

paragraphs (r) through (v) to read as 

follows: 

§ 660.70 Groundfish Conservation areas. 

* * * * * 

(g) Tillamook YRCA. The Tillamook 

YRCA is an area off northern Oregon 

intended to protect yelloweye rockfish. 

The Tillamook YRCA is defined by 

straight lines connecting the following 

specific latitude and longitude 

coordinates in the order listed: 

(1) 45°40.96′ N lat.; 124°27.52′ W 

long.; 

(2) 45°40.96′ N lat.; 124°19.99′ W 

long.; 

(3) 45°34.44′ N lat.; 124°14.48′ W 

long.; 

(4) 45°31.93′ N lat.; 124°14.05′ W 

long.; 

(5) 45°32.93′ N lat.; 124°22.54′ W 

long.; 

(6) 45°36.95′ N lat.; 124°24.45′ W 

long.; 


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(7) 45°38.89′ N lat.; 124°25.92′ W 

long.; and connecting back to 45°40.96′ 

N lat.; 124°27.52′ W long. 

(h) Newport YRCA. The Newport 

YRCA is an area off central Oregon 

intended to protect yelloweye rockfish. 

The Newport YRCA is defined by 

straight lines connecting the following 

specific latitude and longitude 

coordinates in the order listed: 

(1) 44°46.00′ N lat.; 124°32.57′ W 

long.; 

(2) 44°46.00′ N lat.; 124°32.00′ W 

long.; 

(3) 44°42.00′ N lat.; 124°30.00′ W 

long.; 

(4) 44°39.00′ N lat.; 124°30.00′ W 

long.; 

(5) 44°39.00′ N lat.; 124°34.00′ W 

long.; 

(6) 44°43.16′ N lat.; 124°34.00′ W 

long.; 

(7) 44°44.54′ N lat.; 124°33.58′ W 

long.; and connecting back to 44°46.00′ 

N lat.; 124°32.57′ W long. 

(i) Stonewall Bank Yelloweye 

Rockfish Conservation Area. The 

Stonewall Bank YRCA is an area off 

central Oregon, near Stonewall Bank, 

intended to protect yelloweye rockfish. 

The Stonewall Bank YRCA is defined by 

straight lines connecting the following 

specific latitude and longitude 

coordinates in the order listed: 

(1) 44°37.46′ N lat.; 124°24.92′ W 

long.; 

(2) 44°37.46′ N lat.; 124°23.63′ W 

long.; 

(3) 44°28.71′ N lat.; 124°21.80′ W 

long.; 

(4) 44°28.71′ N lat.; 124°24.10′ W 

long.; 

(5) 44°31.42′ N lat.; 124°25.47′ W 

long.; and connecting back to 44°37.46′ 

N lat.; 124°24.92′ W long. 

(j) Stonewall Bank Yelloweye Rockfish 

Conservation Area, Expansion 1. The 

Stonewall Bank Yelloweye Rockfish 

Conservation Area (YRCA) Expansion 1 

is an area off central Oregon, near 

Stonewall Bank, intended to protect 

yelloweye rockfish. The Stonewall Bank 

YRCA Expansion 1 is defined by 

straight lines connecting the following 

specific latitude and longitude 

coordinates in the order listed: 

(1) 44°41.76′ N lat.; 124°30.02′ W 

long.; 

(2) 44°41.73′ N lat.; 124°21.60′ W 

long.; 

(3) 44°25.25′ N lat.; 124°16.94′ W 

long.; 

(4) 44°25.29′ N lat.; 124°30.14′ W 

long.; 

(5) 44°41.76′ N lat.; 124°30.02′ W 

long.; and connecting back to 44°41.76′ 

N lat.; 124°30.02′ W long. 

(k) Stonewall Bank Yelloweye 

Rockfish Conservation Area, Expansion 

2. The Stonewall Bank Yelloweye 

Rockfish Conservation Area (YRCA) 

Expansion 2 is an area off central 

Oregon, near Stonewall Bank, intended 

to protect yelloweye rockfish. The 

Stonewall Bank YRCA Expansion 2 is 

defined by straight lines connecting the 

following specific latitude and 

longitude coordinates in the order 

listed: 

(1) 44°38.54′ N lat.; 124°27.41′ W 

long.; 

(2) 44°38.54′ N lat.; 124°23.86′ W 

long.; 

(3) 44°27.13′ N lat.; 124°21.50′ W 

long.; 

(4) 44°27.13′ N lat.; 124°26.89′ W 

long.; 

(5) 44°31.30′ N lat.; 124°28.35′ W 

long.; and connecting back to 44°38.54′ 

N lat.; 124°27.41′ W long. 

(l) Florence YRCA. The Florence 

YRCA is an area off central Oregon 

intended to protect yelloweye rockfish. 

The Florence YRCA is defined by 

straight lines connecting the following 

specific latitude and longitude 

coordinates in order listed: 

(1) 44°30.04′ N lat.; 124°42.31′ W 

long.; 

(2) 44°30.19′ N lat.; 124°40.46′ W 

long.; 

(3) 44°25.00′ N lat.; 124°37.00′ W 

long.; 

(4) 44°25.00′ N lat.; 124°45.00′ W 

long.; 

(5) 44°26.71′ N lat.; 124°45.00′ W 

long.; and connecting back to 44°30.04′ 

N lat.; 124°42.31′ W long. 

(m) Heceta Bank YRCA. The Heceta 

Bank YRCA is an area off central Oregon 

intended to protect yelloweye rockfish. 

The Heceta Bank YRCA is defined by 

straight lines connecting the following 

specific latitude and longitude 

coordinates in order listed: 

(1) 44°16.28′ N lat., 124°47.86′ W 

long.; 

(2) 44°15.38′ N lat., 124°49.86′ W 

long.; 

(3) 44°14.49′ N lat., 124°51.82′ W 

long.; 

(4) 44°14.01′ N lat., 124°52.88′ W 

long.; 

(5) 44°13.47′ N lat., 124°54.08′ W 

long.; 

(6) 44°12.72′ N lat., 124°54.07′ W 

long.; 

(7) 44°11.53′ N lat., 124°54.06′ W 

long.; 

(8) 44°08.72′ N lat., 124°54.02′ W 

long.; 

(9) 44°06.68′ N lat., 124°54.00′ W 

long.; 

(10) 44°05.34′ N lat., 124°53.10′ W 

long.; 

(11) 44°02.88′ N lat., 124°53.96′ W 

long.; 

(12) 44°02.18′ N lat., 124°54.29′ W 

long.; 

(13) 44°00.14′ N lat., 124°55.25′ W 

long.; 

(14) 43°58.36′ N lat., 124°55.42′ W 

long.; 

(15) 43°57.68′ N lat., 124°55.48′ W 

long.; 

(16) 43°56.66′ N lat., 124°55.45′ W 

long.; 

(17) 43°56.65′ N lat., 124°55.49′ W 

long.; 

(18) 43°56.64′ N lat., 124°56.53′ W 

long.; 

(19) 43°56.74′ N lat., 124°56.74′ W 

long.; 

(20) 43°59.18′ N lat., 124°56.94′ W 

long.; 

(21) 44°00.45′ N lat., 124°56.35′ W 

long.; 

(22) 44°02.34′ N lat., 124°55.49′ W 

long.; 

(23) 44°04.81′ N lat., 124°55.65′ W 

long.; 

(24) 44°06.45′ N lat., 124°55.78′ W 

long.; 

(25) 44°08.47′ N lat., 124°55.93′ W 

long.; 

(26) 44°09.85′ N lat., 124°56.04′ W 

long.; 

(27) 44°11.34′ N lat., 124°56.16′ W 

long.; 

(28) 44°12.92′ N lat., 124°56.28′ W 

long.; 

(29) 44°14.06′ N lat., 124°55.10′ W 

long.; 

(30) 44°15.32′ N lat., 124°53.79′ W 

long.; 

(31) 44°16.90′ N lat., 124°52.16′ W 

long.; 

(32) 44°16.96′ N lat., 124°52.11′ W 

long.; 

(33) 44°16.96′ N lat., 124°51.95′ W 

long.; 

(34) 44°17.02′ N lat., 124°48.02′ W 

long.; 

(35) 44°17.02′ N lat., 124°47.47′ W 

long.; and connecting back to 44°16.28′ 

N lat., 124°47.86′ W long. 

(n) Point St. George YRCA. The Point 

St. George YRCA is an area off the 

northern California coast, northwest of 

Point St. George, intended to protect 

yelloweye rockfish. The Point St. George 

YRCA is defined by straight lines 

connecting the following specific 

latitude and longitude coordinates in 

the order listed: 

(1) 41°51.00′ N lat., 124°23.75′ W 

long.; 

(2) 41°51.00′ N lat., 124°20.75′ W 

long.; 

(3) 41°48.00′ N lat., 124°20.75′ W 

long.; 

(4) 41°48.00′ N lat., 124°23.75′ W 

long.; and connecting back to 41°51.00′ 

N lat., 124°23.75′ W long. 

(o) South Reef YRCA. The South Reef 

YRCA is an area off the northern 

California coast, southwest of Crescent 

City, intended to protect yelloweye 


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rockfish. The South Reef YRCA is 

defined by straight lines connecting the 

following specific latitude and 

longitude coordinates in the order 

listed: 

(1) 41°42.20′ N lat., 124°16.00′ W 

long.; 

(2) 41°42.20′ N lat., 124°13.80′ W 

long.; 

(3) 41°40.50′ N lat., 124°13.80′ W 

long.; 

(4) 41°40.50′ N lat., 124°16.00′ W 

long.; and connecting back to 41°42.20′ 

N lat., 124°16.00′ W long. 

(p) Reading Rock YRCA. The Reading 

Rock YRCA is an area off the northern 

California coast, between Crescent City 

and Eureka, intended to protect 

yelloweye rockfish. The Reading Rock 

YRCA is defined by straight lines 

connecting the following specific 

latitude and longitude coordinates in 

the order listed: 

(1) 41°21.50′ N lat., 124°12.00′ W 

long.; 

(2) 41°21.50′ N lat., 124°10.00′ W 

long.; 

(3) 41°20.00′ N lat., 124°10.00′ W 

long.; 

(4) 41°20.00′ N lat., 124°12.00′ W 

long.; and connecting back to 41°21.50′ 

N lat., 124°12.00′ W long. 

(q) Point Delgada YRCAs. The Point 

Delgada YRCAs are two areas off the 

northern California coast, south of Point 

Delgada and Shelter Cove, intended to 

protect yelloweye rockfish. The 

Northern Point Delgada YRCA is 

defined by straight lines connecting the 

following specific latitude and 

longitude coordinates in the order 

listed: 

(1) 39°59.00′ N lat., 124°05.00′ W 

long.; 

(2) 39°59.00′ N lat., 124°03.00′ W 

long.; 

(3) 39°57.00′ N lat., 124°03.00′ W 

long.; 

(4) 39°57.00′ N lat., 124°05.00′ W 

long.; and connecting back to 39°59.00′ 

N lat., 124°05.00′ W long. 

(r) Southern Point Delgada YRCA. 

The Southern Point Delgada YRCA is 

defined by straight lines connecting the 

following specific latitude and 

longitude coordinates in the order 

listed: 

(1) 39°57.00′ N lat., 124°05.00′ W 

long.; 

(2) 39°57.00′ N lat., 124°02.00′ W 

long.; 

(3) 39°54.00′ N lat., 124°02.00′ W 

long.; 

(4) 39°54.00′ N lat., 124°05.00′ W 

long.; and connecting back to 39°57.00′ 

N lat., 124°05.00′ W long. 

(s) Cowcod Conservation Areas. The 

Cowcod Conservation Areas (CCAs) are 

two areas off the southern California 

coast intended to protect cowcod. 

(1) Western CCA. The Western CCA is 

an area south of Point Conception 

defined by the straight lines connecting 

the following specific latitude and 

longitude coordinates in the order listed 

and connecting back to 33°50.00′ N lat., 

119°30.00′ W long.: 

(i) 33°50.00′ N lat., 119°30.00′ W 

long.; 

(ii) 33°50.00′ N lat., 118°50.00′ W 

long.; 

(iii) 32°20.00′ N lat., 118°50.00′ W 

long.; 

(iv) 32°20.00′ N lat., 119°37.00′ W 

long.; 

(v) 33°00.00′ N lat., 119°37.00′ W 

long.; 

(vi) 33°00.00′ N lat., 119°53.00′ W 

long.; 

(vii) 33°33.00′ N lat., 119°53.00′ W 

long.; and 

(viii) 33°33.00′ N lat., 119°30.00′ W 

long. 

(2) Transit corridor. The Western CCA 

transit corridor is bounded on the north 

by the latitude line at 33°00.50′ N lat., 

and bounded on the south by the 

latitude line at 32°59.50′ N lat. 

(3) Eastern CCA. The Eastern CCA is 

an area west of San Diego defined by the 

straight lines connecting the following 

specific latitude and longitude 

coordinates in the order listed and 

connecting back to 32°42.00′ N lat., 

118°02.00′ W long.: 

(i) 32°42.00′ N lat., 118°02.00′ W 

long.; 

(ii) 32°42.00′ N lat., 117°50.00′ W 

long.; 

(iii) 32°36.70′ N lat., 117°50.00′ W 

long.; 

(iv) 32°30.00′ N lat., 117°53.50′ W 

long.; and 

(v) 32°30.00′ N lat., 118°02.00′ W 

long. 

(t) Groundfish Exclusion Areas. The 

Groundfish Exclusion Areas (GEAs) are 

eight areas south of Point Conception 

intended to protect sensitive areas, 

including areas with coral and sea pens. 

(1) Hidden Reef. The Hidden Reef 

GEA is defined by the straight lines 

connecting the following specific 

latitude and longitude coordinates in 

the order listed and connecting back to 

33°46.14′ N lat., 119°10.45′ W long.: 

(i) 33°46.14′ N lat., 119°10.45′ W 

long.; 

(ii) 33°46.14′ N lat., 119°05.96′ W 

long.; 

(iii) 33°41.40′ N lat., 119°05.96′ W 

long.; and 

(iv) 33°41.40′ N lat., 119°10.45′ W 

long. 

(2) West of Santa Barbara Island. The 

West of Santa Barbara Island GEA is 

defined by the straight lines connecting 

the following specific latitude and 

longitude coordinates in the order listed 

and connecting back to 33°33.64′ N lat., 

119°18.54′ W long.: 

(i) 33°33.64′ N lat., 119°18.54′ W 

long.; 

(ii) 33°33.64′ N lat., 119°07.57′ W 

long.; 

(iii) 33°27.90′ N lat., 119°07.57′ W 

long; and 

(iv) 33°27.90′ N lat., 119°18.54′ W 

long. 

(3) Potato Bank. The Potato Bank GEA 

is defined by the straight lines 

connecting the following specific 

latitude and longitude coordinates in 

the order listed and connecting back to 

33°21.00′ N lat., 119°52.10′ W long.: 

(i) 33°21.00′ N lat., 119°52.10′ W 

long.; 

(ii) 33°21.00′ N lat., 119°45.67′ W 

long.; 

(iii) 33°10.10′ N lat., 119°45.67′ W 

long.; and 

(iv) 33°10.10′ N lat., 119°52.10′ W 

long. 

(4) 107/118 Bank. The 107/118 Bank 

GEA is defined by the straight lines 

connecting the following specific 

latitude and longitude coordinates in 

the order listed and connecting back to 

33°05.51′ N lat., 119°41.29′ W long.: 

(i) 33°05.51′ N lat., 119°41.29′ W 

long.; 

(ii) 33°08.64′ N lat., 119°36.71′ W 

long.; 

(iii) 33°03.50′ N lat., 119°31.69′ W 

long.; and 

(iv) 33°00.36′ N lat., 119°36.27′ W 

long. 

(5) Cherry Bank. The Cherry Bank 

GEA is defined by the straight lines 

connecting the following specific 

latitude and longitude coordinates in 

the order listed and connecting back to 

32°50.86′ N lat., 119°29.40′ W long.: 

(i) 32°50.86′ N lat., 119°29.40′ W 

long.; 

(ii) 32°56.96′ N lat., 119°19.82′ W 

long.; 

(iii) 32°54.69′ N lat., 119°17.78′ W 

long.; and 

(iv) 32°48.59′ N lat., 119°27.35′ W 

long. 

(6) Seamount 109. The Seamount 109 

GEA is defined by the straight lines 

connecting the following specific 

latitude and longitude coordinates in 

the order listed and connecting back to 

32°43.75′ N lat., 119°37.00′ W long.: 

(i) 32°43.75′ N lat., 119°37.00′ W 

long.; 

(ii) 32°43.75′ N lat., 119°34.29′ W 

long.; 

(iii) 32°31.95′ N lat., 119°26.94′ W 

long.; 

(iv) 32°30.47′ N lat., 119°29.71′ W 

long.; and 

(v) 32°39.54′ N lat., 119°37.00′ W 

long. 

(7) 43-Fathom Spot. The 43-Fathom 

Spot GEA is defined by the straight lines 


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59850 Federal Register / Vol. 88, No. 167 / Wednesday, August 30, 2023 / Proposed Rules 

connecting the following specific 

latitude and longitude coordinates in 

the order listed and connecting back to 

32°42.00′ N lat., 118°00.05′ W long.: 

(i) 32°42.00′ N lat., 118°00.05′ W 

long.; 

(ii) 32°42.00′ N lat., 117°50.00′ W 

long.; 

(iii) 32°36.70′ N lat., 117°50.00′ W 

long.; 

(iv) 32°36.18′ N lat., 117°50.23′ W 

long.; and 

(v) 32°36.18′ N lat., 118°00.05′ W 

long. 

(8) Northeast Bank. The Northeast 

Bank GEA is defined by the straight 

lines connecting the following specific 

latitude and longitude coordinates in 

the order listed and connecting back to 

32°27.39′ N lat., 119°37.00′ W long.: 

(i) 32°27.39′ N lat., 119°37.00′ W 

long.; 

(ii) 32°27.39′ N lat., 119°31.60′ W 

long.; 

(iii) 32°19.91′ N lat., 119°31.60′ W 

long.; and 

(iv) 32°19.91′ N lat., 119°37.00′ W 

long. 

(u) Farallon Islands. The Farallon 

Islands, off San Francisco and San 

Mateo Counties, include Southeast 

Farallon Island, Middle Farallon Island, 

North Farallon Island and Noon Day 

Rock. Generally, the State of California 

prohibits fishing for groundfish between 

the shoreline and the 10–fm (18–m) 

depth contour around the Farallon 

Islands. 

(v) Cordell Bank. Cordell Bank is 

located offshore of California’s Marin 

County. Generally, fishing for 

groundfish is prohibited within Cordell 

Bank as defined by specific latitude and 

longitude coordinates. The Cordell Bank 

closed area is defined by straight lines 

connecting the following specific 

latitude and longitude coordinates in 

the order listed: 

■ 11. Amend § 660.72 by: 

■ a. Redesignating paragraphs (j) 

through (m) as (r) through (u); 

■ b. Redesignating paragraphs (f) 

through (i) as (j) through (m); 

■ c. Adding new paragraphs (f) through 

(i); 

■ d. Adding paragraphs (n) through (q); 

■ e. Revising newly redesignated 

paragraphs (r)(139) through (142) and 

(186); 

■ f. Adding new paragraphs (v) through 

(y). 

The revisions and additions read as 

follows: 

§ 660.72 Latitude/longitude coordinates 

defining the 50 fm (91 m) through 75 fm (137 

m) depth contours. 

* * * * * 

(f) The 50 fm (91 m) depth contour 

around Santa Barbara Island off the state 

of California is defined by straight lines 

connecting all of the following points in 

the order stated: 

(1) 33°31.77′ N lat., 119°3.41′ W long.; 

(2) 33°29.66′ N lat., 119°5.86′ W long.; 

(3) 33°26.94′ N lat., 119°2.95′ W long.; 

(4) 33°27.08′ N lat., 119°0.51′ W long.; 

(5) 33°28.82′ N lat., 118°59.42′ W 

long.; 

(6) 33°30.67′ N lat., 119°0.88′ W long.; 

and 

(7) 33°31.77′ N lat., 119°3.41′ W long. 

(g) The 50 fm (91 m) depth contour 

around Tanner Bank off the state of 

California is defined by straight lines 

connecting all of the following points in 

the order stated: 

(1) 32°45.53′ N lat., 119°13.28′ W 

long.; 

(2) 32°43.98′ N lat., 119°15.05′ W 

long.; 

(3) 32°38.45′ N lat., 119°4.92′ W long.; 

(4) 32°41.44′ N lat., 119°3.71′ W long.; 

(5) 32°45.02′ N lat., 119°11.08′ W 

long.; and 

(6) 32°45.53′ N lat., 119°13.28′ W 

long. 

(h) The 50 fm (91 m) depth contour 

around San Nicholas Island off the state 

of California is defined by straight lines 

connecting all of the following points in 

the order stated: 

(1) 33°22.14′ N lat., 119°42.12′ W 

long.; 

(2) 33°17.68′ N lat., 119°43.24′ W 

long.; 

(3) 33°15.29′ N lat., 119°39.32′ W 

long.; 

(4) 33°11.98′ N lat., 119°29.64′ W 

long.; 

(5) 33°11.6′ N lat., 119°27.26′ W long.; 

(6) 33°12.99′ N lat., 119°16.36′ W 

long.; 

(7) 33°14.43′ N lat., 119°17.42′ W 

long.; 

(8) 33°17.2′ N lat., 119°23.16′ W long.; 

(9) 33°20.73′ N lat., 119°27.33′ W 

long.; and 

(10) 33°22.14′ N lat., 119°42.12′ W 

long. 

(i) The 50 fm (91 m) depth contour 

around Cortes Bank off the state of 

California is defined by straight lines 

connecting all of the following points in 

the order stated: 

(1) 32°35.89′ N lat., 119°18.39′ W 

long.; 

(2) 32°31.93′ N lat., 119°20.54′ W 

long.; 

(3) 32°29.47′ N lat., 119°14.81′ W 

long.; 

(4) 32°28.14′ N lat., 119°14.94′ W 

long.; 

(5) 32°24.37′ N lat., 119°3.69′ W long.; 

(6) 32°24.5′ N lat., 119°0.52′ W long.; 

(7) 32°26.04′ N lat., 119°0.46′ W long.; 

and 

(8) 32°35.89′ N lat., 119°18.39′ W 

long. 

* * * * * 

(n) The 60 fm (110 m) depth contour 

around Santa Barbara Island off the state 

of California is defined by straight lines 

connecting all of the following points in 

the order stated: 

(1) 33°32.34′ N lat., 119°3.85′ W long.; 

(2) 33°28.79′ N lat., 119°6.76′ W long.; 

(3) 33°26.46′ N lat., 119°3.12′ W long.; 

(4) 33°27.08′ N lat., 119°0.37′ W long.; 

(5) 33°28.86′ N lat., 118°59.31′ W 

long.; 

(6) 33°30.82′ N lat., 119°0.97′ W long.; 

and 

(7) 33°32.34′ N lat., 119°3.85′ W long. 

(o) The 60 fm (91 m) depth contour 

around Tanner Bank off the state of 

California is defined by straight lines 

connecting all of the following points in 

the order stated: 

(1) 32°45.65′ N lat., 119°13.29′ W 

long.; 

(2) 32°44.21′ N lat., 119°15.68′ W 

long.; 

(3) 32°37.4′ N lat., 119°4.89′ W long.; 

(4) 32°41.42′ N lat., 119°3.32′ W long.; 

(5) 32°45.66′ N lat., 119°12.1′ W long.; 

and 

(6) 32°45.65′ N lat., 119°13.29′ W 

long. 

(p) The 60 fm (110 m) depth contour 

around San Nicholas Island off the state 

of California is defined by straight lines 

connecting all of the following points in 

the order stated: 

(1) 33°26.41′ N lat., 119°39.84′ W 

long.; 

(2) 33°22.94′ N lat., 119°47.34′ W 

long.; 

(3) 33°16.39′ N lat., 119°42.64′ W 

long.; 

(4) 33°11.86′ N lat., 119°29.61′ W 

long.; 

(5) 33°11.52′ N lat., 119°27.25′ W 

long.; 

(6) 33°12.97′ N lat., 119°16.3′ W long.; 

(7) 33°14.48′ N lat., 119°17.42′ W 

long.; 

(8) 33°17.23′ N lat., 119°23.14′ W 

long.; 

(9) 33°21.21′ N lat., 119°27.84′ W 

long.; 

(10) 33°22.65′ N lat., 119°34.31′ W 

long.; and 

(11) 33°26.41′ N lat., 119°39.84′ W 

long. 

(q) The 60 fm (110 m) depth contour 

around Cortes Bank off the state of 

California is defined by straight lines 

connecting all of the following points in 

the order stated: 

(1) 32°36.79′ N lat., 119°18.81′ W 

long.; 

(2) 32°31.94′ N lat., 119°20.75′ W 

long.; 

(3) 32°29.5′ N lat., 119°15′ W long.; 

(4) 32°27.95′ N lat., 119°15.12′ W 

long.; 

(5) 32°24.03′ N lat., 119°3.72′ W long.; 

(6) 32°24.46′ N lat., 118°59.56′ W 

long.; 


lotter on DSK11XQN23PROD with PROPOSALS1
Federal Register / Vol. 88, No. 167 / Wednesday, August 30, 2023 / Proposed Rules 59851 

(7) 32°25.42′ N lat., 118°59.42′ W 

long.; 

(8) 32°27.41′ N lat., 119°1.99′ W long.; 

and 

(9) 32°36.79′ N lat., 119°18.81′ W 

long. 

(r) * * * 

(139) 38°04.16′ N lat., 123°19.05′ W 

long.; 

(140) 38°03.18′ N lat., 123°20.77′ W 

long.; 

(141) 38°00.00′ N lat., 123°23.08′ W 

long.; 

(142) 37°55.07′ N lat., 123°26.81′ W 

long.; 

* * * * * 

(186) 36°10.28′ N lat., 121°43.06′ W 

long.; 

* * * * * 

(v) The 75 fm (137 m) depth contour 

around Santa Barbara Island off the state 

of California is defined by straight lines 

connecting all of the following points in 

the order stated: 

(1) 33°33.58′ N lat., 119°4.84′ W long.; 

(2) 33°33.2′ N lat., 119°5.37′ W long.; 

(3) 33°31.75′ N lat., 119°4.61′ W long.; 

(4) 33°28.67′ N lat., 119°7.06′ W long.; 

(5) 33°26.38′ N lat., 119°3.24′ W long.; 

(6) 33°27.08′ N lat., 119°0.26′ W long.; 

(7) 33°28.85′ N lat., 118°59.21′ W 

long.; 

(8) 33°30.85′ N lat., 119°0.94′ W long.; 

(9) 33°31.91′ N lat., 119°2.98′ W long.; 

and 

(10) 33°33.58′ N lat., 119°4.84′ W 

long. 

(w) The 75 fm (137 m) depth contour 

around Tanner Bank off the state of 

California is defined by straight lines 

connecting all of the following points in 

the order stated: 

(1) 32°45.66′ N lat., 119°14.45′ W 

long.; 

(2) 32°44.19′ N lat., 119°15.9′ W long.; 

(3) 32°37.02′ N lat., 119°4.65′ W long.; 

(4) 32°41.45′ N lat., 119°3.14′ W long.; 

(5) 32°45.77′ N lat., 119°11.93′ W 

long.; and 

(6) 32°45.66′ N lat., 119°14.45′ W 

long. 

(x) The 75 fm (137 m) depth contour 

around San Nicholas Island off the state 

of California is defined by straight lines 

connecting all of the following points in 

the order stated: 

(1) 33°30.94′ N lat., 119°45.06′ W 

long.; 

(2) 33°28.59′ N lat., 119°52.02′ W 

long.; 

(3) 33°16.05′ N lat., 119°43.86′ W 

long.; 

(4) 33°15.2′ N lat., 119°39.36′ W long.; 

(5) 33°11.71′ N lat., 119°29.48′ W 

long.; 

(6) 33°11.39′ N lat., 119°26.58′ W 

long.; 

(7) 33°12.96′ N lat., 119°16.23′ W 

long.; 

(8) 33°14.52′ N lat., 119°17.42′ W 

long.; 

(9) 33°17.24′ N lat., 119°23.09′ W 

long.; 

(10) 33°21.24′ N lat., 119°27.83′ W 

long.; 

(11) 33°22.71′ N lat., 119°33.54′ W 

long.; and 

(12) 33°30.94′ N lat., 119°45.06′ W 

long. 

(y) The 75 fm (137 m) depth contour 

around Cortes Bank off the state of 

California is defined by straight lines 

connecting all of the following points in 

the order stated: 

(1) 32°37.38′ N lat., 119°19.45′ W 

long.; 

(2) 32°31.9′ N lat., 119°20.9′ W long.; 

(3) 32°29.52′ N lat.; 119°15.94′ W 

long.; 

(4) 32°29.64′ N lat.; 119°15.4′ W long.; 

(5) 32°29.24′ N lat.; 119°15.09′ W 

long.; 

(6) 32°27.82′ N lat., 119°15.3′ W long.; 

(7) 32°23.85′ N lat., 119°3.95′ W long.; 

(8) 32°24.53′ N lat., 118°58.2′ W long.; 

(9) 32°27.1′ N lat., 119°1.2′ W long.; 

and 

(10) 32°37.38′ N lat., 119°19.45′ W 

long. 

* * * * * 

■ 12. Amend § 660.73 by: 

■ a. Redesignating paragraphs (i) 

through (m) as (p) through (t); 

■ b. Redesignating paragraphs (e) 

through (h) as (i) through (l); 

■ c. Adding new paragraphs (e) through 

(h); 

■ d. Adding new paragraphs (m) 

through (o); and 

■ e. Adding new paragraphs (u) through 

(y). 

The revisions and additions read as 

follows: 

§ 660.73 Latitude/longitude coordinates 

defining the 100 fm (183 m) through 150 fm 

(274 m) depth contours. 

* * * * * 

(e) The 100 fm (183 m) depth contour 

around Santa Barbara Island off the state 

of California is defined by straight lines 

connecting all of the following points in 

the order stated: 

(1) 33°33.85′ N lat., 119°4.87′ W long.; 

(2) 33°33.27′ N lat., 119°5.67′ W long.; 

(3) 33°31.9′ N lat., 119°5.08′ W long.; 

(4) 33°28.62′ N lat., 119°7.28′ W long.; 

(5) 33°27.04′ N lat., 119°5.84′ W long.; 

(6) 33°26.2′ N lat., 119°3.24′ W long.; 

(7) 33°27.07′ N lat., 118°59.96′ W 

long.; 

(8) 33°28.7′ N lat., 118°58.76′ W long.; 

(9) 33°31′ N lat., 119°1.02′ W long.; 

(10) 33°31.99′ N lat., 119°2.86′ W 

long.; and 

(11) 33°33.85′ N lat., 119°4.87′ W 

long. 

(f) The 100 fm (183 m) depth contour 

around Tanner Bank off the state of 

California is defined by straight lines 

connecting all of the following points in 

the order stated: 

(1) 32°45.92′ N lat., 119°14.6′ W long.; 

(2) 32°44.34′ N lat., 119°16.43′ W 

long.; 

(3) 32°36.75′ N lat., 119°4.51′ W long.; 

(4) 32°41.41′ N lat., 119°2.93′ W long.; 

(5) 32°45.85′ N lat., 119°10.62′ W 

long.; and 

(6) 32°45.92′ N lat., 119°14.6′ W long. 

(g) The 100 fm (183 m) depth contour 

around San Nicholas Island off the state 

of California is defined by straight lines 

connecting all of the following points in 

the order stated: 

(1) 33°31.37′ N lat., 119°44.84′ W 

long.; 

(2) 33°28.82′ N lat., 119°52.19′ W 

long.; 

(3) 33°25.43′ N lat., 119°51.27′ W 

long.; 

(4) 33°18.01′ N lat., 119°47.18′ W 

long.; 

(5) 33°15.8′ N lat., 119°43.64′ W long.; 

(6) 33°14.22′ N lat., 119°37′ W long.; 

(7) 33°11.56′ N lat., 119°29.58′ W 

long.; 

(8) 33°11.28′ N lat., 119°26.54′ W 

long.; 

(9) 33°12.94′ N lat., 119°15.86′ W 

long.; 

(10) 33°14.48′ N lat., 119°16.97′ W 

long.; 

(11) 33°17.33′ N lat., 119°22.93′ W 

long.; 

(12) 33°21.28′ N lat., 119°27.66′ W 

long.; 

(13) 33°23.38′ N lat., 119°33.29′ W 

long.; and 

(14) 33°31.37′ N lat., 119°44.84′ W 

long. 

(h) The 100 fm (183 m) depth contour 

around Cortes Bank off the state of 

California is defined by straight lines 

connecting all of the following points in 

the order stated: 

(1) 32°37.79′ N lat., 119°19.68′ W 

long.; 

(2) 32°36.19′ N lat., 119°21.84′ W 

long.; 

(3) 32°33.16′ N lat., 119°21.76′ W 

long.; 

(4) 32°30.92′ N lat., 119°20.46′ W 

long.; 

(5) 32°29.25′ N lat., 119°15.93′ W 

long.; 

(6) 32°29.44′ N lat., 119°15.44′ W 

long.; 

(7) 32°29.23′ N lat., 119°15.23′ W 

long.; 

(8) 32°27.48′ N lat., 119°15.56′ W 

long.; 

(9) 32°23.19′ N lat., 119°3.23′ W long.; 

(10) 32°22.94′ N lat., 118°57.58′ W 

long.; 

(11) 32°24.47′ N lat., 118°57.61′ W 

long.; 

(12) 32°27.3′ N lat., 119°1.06′ W long.; 

and 


lotter on DSK11XQN23PROD with PROPOSALS1
59852 Federal Register / Vol. 88, No. 167 / Wednesday, August 30, 2023 / Proposed Rules 

(13) 32°37.79′ N lat., 119°19.68′ W 

long. 

* * * * * 

(m) The 125 fm (229 m) depth contour 

around Santa Barbara Island off the state 

of California is defined by straight lines 

connecting all of the following points in 

the order stated: 

(1) 33°33.96′ N lat., 119°4.88′ W long.; 

(2) 33°33.28′ N lat., 119°5.88′ W long.; 

(3) 33°30.98′ N lat., 119°6.32′ W long.; 

(4) 33°28.52′ N lat., 119°7.7′ W long.; 

(5) 33°26.93′ N lat., 119°5.94′ W long.; 

(6) 33°25.96′ N lat., 119°3.34′ W long.; 

(7) 33°27.01′ N lat., 118°59.73′ W 

long.; 

(8) 33°28.68′ N lat., 118°58.43′ W 

long.; 

(9) 33°31.2′ N lat., 119°1.09′ W long.; 

(10) 33°32.04′ N lat., 119°2.77′ W 

long.; and 

(11) 33°33.96′ N lat., 119°4.88′ W 

long. 

(n) The 125 fm (229 m) depth contour 

around Tanner Bank and Cortes Bank 

off the state of California is defined by 

straight lines connecting all of the 

following points in the order stated: 

(1) 32°46.01′ N lat., 119°14.63′ W 

long.; 

(2) 32°44.35′ N lat., 119°16.58′ W 

long.; 

(3) 32°40.85′ N lat., 119°11.61′ W 

long.; 

(4) 32°38.93′ N lat., 119°11.9′ W long.; 

(5) 32°41.32′ N lat., 119°18.11′ W 

long.; 

(6) 32°36.16′ N lat., 119°22.16′ W 

long.; 

(7) 32°33.09′ N lat., 119°21.89′ W 

long.; 

(8) 32°30.73′ N lat., 119°20.43′ W 

long.; 

(9) 32°28.94′ N lat., 119°15.4′ W long.; 

(10) 32°27.46′ N lat., 119°15.62′ W 

long.; 

(11) 32°24.58′ N lat., 119°9.83′ W 

long.; 

(12) 32°22.97′ N lat., 119°3′ W long.; 

(13) 32°22.03′ N lat., 118°56.26′ W 

long.; 

(14) 32°24.63′ N lat., 118°57.54′ W 

long.; 

(15) 32°34.72′ N lat., 119°10.24′ W 

long.; 

(16) 32°37.93′ N lat., 119°7.88′ W 

long.; 

(17) 32°36.55′ N lat., 119°4.42′ W 

long.; 

(18) 32°41.5′ N lat., 119°2.65′ W long.; 

(19) 32°45.98′ N lat., 119°10.71′ W 

long.; and 

(20) 32°46.01′ N lat., 119°14.63′ W 

long. 

(o) The 125 fm (229 m) depth contour 

around San Nicholas Island off the state 

of California is defined by straight lines 

connecting all of the following points in 

the order stated: 

(1) 33°31.65′ N lat., 119°44.84′ W 

long.; 

(2) 33°28.91′ N lat., 119°52.35′ W 

long.; 

(3) 33°25.39′ N lat., 119°51.44′ W 

long.; 

(4) 33°17.94′ N lat., 119°47.31′ W 

long.; 

(5) 33°15.33′ N lat., 119°43.4′ W long.; 

(6) 33°14.03′ N lat., 119°37.02′ W 

long.; 

(7) 33°11.49′ N lat., 119°29.58′ W 

long.; 

(8) 33°11.21′ N lat., 119°26.46′ W 

long.; 

(9) 33°12.9′ N lat., 119°15.74′ W long.; 

(10) 33°14.51′ N lat., 119°14.92′ W 

long.; 

(11) 33°14.76′ N lat., 119°17.07′ W 

long.; 

(12) 33°17.44′ N lat., 119°22.82′ W 

long.; 

(13) 33°21.37′ N lat., 119°27.53′ W 

long.; 

(14) 33°23.44′ N lat., 119°33.11′ W 

long.; and 

(15) 33°31.65′ N lat., 119°44.84′ W 

long. 

* * * * * 

(u) The 150 fm (274 m) depth contour 

around Santa Barbara Island off the state 

of California is defined by straight lines 

connecting all of the following points in 

the order stated: 

(1) 33°34.6′ N lat., 119°4.57′ W long.; 

(2) 33°33.13′ N lat., 119°6.65′ W long.; 

(3) 33°28.13′ N lat., 119°8.17′ W long.; 

(4) 33°25.55′ N lat., 119°3.64′ W long.; 

(5) 33°26.96′ N lat., 118°59.58′ W 

long.; 

(6) 33°28.68′ N lat., 118°58.24′ W 

long.; and 

(7) 33°34.6′ N lat., 119°4.57′ W long.; 

(v) The 150 fm (274 m) depth contour 

around Tanner Bank and Cortes Bank 

off the state of California is defined by 

straight lines connecting all of the 

following points in the order stated: 

(1) 32°46.12′ N lat., 119°14.73′ W 

long.; 

(2) 32°44.37′ N lat., 119°16.82′ W 

long.; 

(3) 32°41.02′ N lat., 119°12.01′ W 

long.; 

(4) 32°39.28′ N lat., 119°12.18′ W 

long.; 

(5) 32°41.46′ N lat., 119°18.28′ W 

long.; 

(6) 32°36.17′ N lat., 119°22.31′ W 

long.; 

(7) 32°32.97′ N lat., 119°22′ W long.; 

(8) 32°30.57′ N lat., 119°20.54′ W 

long.; 

(9) 32°28.94′ N lat., 119°15.53′ W 

long.; 

(10) 32°27.45′ N lat., 119°15.79′ W 

long.; 

(11) 32°24.86′ N lat., 119°12.93′ W 

long.; 

(12) 32°21.43′ N lat., 118°55.1′ W 

long.; 

(13) 32°24.67′ N lat., 118°57.37′ W 

long.; 

(14) 32°34.34′ N lat., 119°9.28′ W 

long.; 

(15) 32°37.39′ N lat., 119°7.54′ W 

long.; 

(16) 32°36.38′ N lat., 119°4.32′ W 

long.; 

(17) 32°41.59′ N lat., 119°2.46′ W 

long.; 

(18) 32°46.07′ N lat., 119°10.68′ W 

long.; and 

(19) 32°46.12′ N lat., 119°14.73′ W 

long. 

(w) The 150 fm (274 m) depth contour 

around San Nicholas Island off the state 

of California is defined by straight lines 

connecting all of the following points in 

the order stated: 

(1) 33°33.22′ N lat., 119°46.7′ W long.; 

(2) 33°28.97′ N lat., 119°53.04′ W 

long.; 

(3) 33°24.67′ N lat., 119°51.27′ W 

long.; 

(4) 33°19.95′ N lat., 119°50.23′ W 

long.; 

(5) 33°13.07′ N lat., 119°41.99′ W 

long.; 

(6) 33°13.1′ N lat., 119°34.66′ W long.; 

(7) 33°11.45′ N lat., 119°29.57′ W 

long.; 

(8) 33°11.13′ N lat., 119°26.22′ W 

long.; 

(9) 33°11.8′ N lat., 119°20.64′ W long.; 

(10) 33°12.91′ N lat., 119°15.53′ W 

long.; 

(11) 33°14.52′ N lat., 119°14.72′ W 

long.; 

(12) 33°15.32′ N lat., 119°16.01′ W 

long.; 

(13) 33°14.78′ N lat., 119°16.97′ W 

long.; 

(14) 33°15.73′ N lat., 119°19.02′ W 

long.; 

(15) 33°16.73′ N lat., 119°18.97′ W 

long.; 

(16) 33°19.37′ N lat., 119°24.95′ W 

long.; 

(17) 33°21.69′ N lat., 119°27.44′ W 

long.; 

(18) 33°23.82′ N lat., 119°32.87′ W 

long.; and 

(19) 33°33.22′ N lat., 119°46.7′ W 

long. 

(x) The 150 fm (274 m) depth contour 

around Osborn Bank off the state of 

California is defined by straight lines 

connecting all of the following points in 

the order stated: 

(1) 33°23.53′ N lat., 119°3.73′ W long.; 

(2) 33°23.57′ N lat., 119°6.66′ W long.; 

(3) 33°23.12′ N lat., 119°7.25′ W long.; 

(4) 33°20.51′ N lat., 119°2.15′ W long.; 

(5) 33°20.58′ N lat., 119°0.48′ W long.; 

(6) 33°21.32′ N lat., 118°59.89′ W 

long.; and 

(7) 33°23.53′ N lat., 119°3.73′ W long. 


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(y) The 150 fm (274 m) depth contour 

around the Eastern CCA area off the 

state of California is defined by straight 

lines connecting all of the following 

points in the order stated: 

(1) 32°41.41′ N lat., 117°59.05′ W 

long.; 

(2) 32°40.57′ N lat., 118°1.97′ W long.; 

(3) 32°40.04′ N lat.,118°1.23′ W long.; 

(4) 32°39.82′ N lat., 118°0.03′ W long.; 

(5) 32°38.02′ N lat., 117°57.86′ W 

long.; 

(6) 32°35.38′ N lat., 117°56.23′ W 

long.; 

(7) 32°36.68′ N lat., 117°55.02′ W 

long.; 

(8) 32°40.42′ N lat., 117°57.15′ W 

long.; and 

(9) 32°41.41′ N lat., 117°59.05′ W 

long. 

■ 13. Amend § 660.78 by: 

■ a. Redesignating paragraphs (p) 

through (r) as paragraphs (s) through (u); 

■ b. Redesignating paragraph (o) as 

paragraph (q); 

■ c. Redesignating paragraphs (f) 

through (n) as paragraphs (g) through 

(o); 

■ d. Adding new paragraph (f); 

■ e. Adding new paragraph (p); and 

■ f. Adding new paragraph (r). 

The revisions and additions read as 

follows: 

§ 660.78 EFHCAs off the Coast of Oregon. 

* * * * * 

(f) Nehalem Bank East. The boundary 

of the Nehalem Bank East EFHCA is 

defined by straight lines connecting all 

of the following points in the order 

stated and connecting back to 45°47.95′ 

N lat., 124°31.70′ W long.: 

(1) 45°47.95′ N lat., 124°31.70′ W 

long.; 

(2) 45°52.28′ N lat., 124°38.46′ W 

long.; 

(3) 45°56.45′ N lat., 124°38.00′ W 

long.; 

(4) 45°58.33′ N lat., 124°38.75′ W 

long.; 

(5) 46°00.83′ N lat., 124°36.78′ W 

long.; 

(6) 45°59.94′ N lat., 124°34.63′ W 

long.; 

(7) 45°58.90′ N lat., 124°33.47′ W 

long.; 

(8) 45°54.27′ N lat., 124°30.73′ W 

long.; 

(9) 45°53.62 N lat., 124°30.83′ W 

long.; 

(10) 45°52.90′ N lat., 124°30.67′ W 

long.; 

(11) 45°52.03 N lat., 124°30.60′ W 

long.; 

(12) 45°51.75′ N lat., 124°30.85′ W 

long.; and 

(13) 45°51.53′ N lat., 124°31.15′ W 

long. 

* * * * * 

(p) Arago Reef West. The boundary of 

the Arago Reef West EFHCA is defined 

by straight lines connecting all of the 

following points in the order stated and 

connecting back to 43°16.24′ N lat., 

124°27.66′ W long.: 

(1) 43°16.24′ N lat., 124°27.66′ W 

long.; 

(2) 43°14.23′ N lat., 124°29.28′ W 

long.; 

(3) 43°14.03′ N lat., 124°28.31′ W 

long.; 

(4) 43°11.92′ N lat., 124°28.26′ W 

long.; 

(5) 43°11.02′ N lat., 124°29.11′ W 

long.; 

(6) 43°10.13′ N lat., 124°29.15′ W 

long.; 

(7) 43°09.26′ N lat., 124°31.03′ W 

long.; 

(8) 43°08.60′ N lat., 124°30.98′ W 

long.; 

(9) 43°10.22′ N lat., 124°37.82′ W 

long.; 

(10) 43°16.91′ N lat., 124°37.50′ W 

long.; 

(11) 43°16.51′ N lat., 124°28.97′ W 

long.; 

(12) 43°16.88′ N lat., 124°28.16′ W 

long.; and 

(13) 43°16.24′ N lat., 124°27.66′ W 

long. 

* * * * * 

(r) Bandon High Spot East. The 

boundary of the Bandon High Spot East 

EFHCA is defined by straight lines 

connecting all of the following points in 

the order stated and connecting back to 

42°57.18′ N lat., 124°46.01′ W long.: 

(1) 42°57.18′ N lat., 124°46.01′ W 

long.; 

(2) 42°56.10′ N lat., 124°47.48′ W 

long.; 

(3) 42°56.66′ N lat., 124°48.79′ W 

long.; 

(4) 42°55.02′ N lat., 124°50.45′ W 

long.; 

(5) 42°55.70′ N lat., 124°52.79′ W 

long.; 

(6) 43°03.91′ N lat., 124°50.81 W 

long.; 

(7) 43°03.70′ N lat., 124°47.91′ W 

long.; 

(8) 43°03.20′ N lat., 124°47.52′ W 

long.; 

(9) 43°00.94′ N lat., 124°46.57′ W 

long.; and 

(10) 42°57.18′ N lat., 124°46.01′ W 

long. 

* * * * * 

■ 14. In § 660.79, revise paragraphs (yy) 

introductory text and (zz) introductory 

text to read as follows: 

§ 660.79 EHFCAs off the Coast of 

California. 

* * * * * 

(yy) Potato Bank. The boundary of the 

Potato Bank EFHCA is defined by 

straight lines connecting all of the 

following points in the order stated and 

connecting back to 33°11.00′ N lat., 

119°55.67′ W long.: 

* * * * * 

(zz) Cherry Bank. The Cherry Bank 

EFH Conservation Area is defined by 

straight lines connecting all of the 

following points in the order stated and 

connecting back to 32°59.00′ N lat., 

119°32.05′ W long.: 

* * * * * 

Subpart D [Amended] 

■ 15. In subpart D of part 660, revise all 

references to ‘‘Cordell Banks’’ to read 

‘‘Cordell Bank’’. 

Subpart E [Amended] 

■ 16. In subpart E of part 660, revise all 

references to ‘‘Cordell Banks’’ to read 

‘‘Cordell Bank’’. 

■ 17. In § 660.212, add paragraph 

(c)(3) to read as follows: 

§ 660.212 Fixed gear fishery—prohibitions. 

* * * * * 

(c) * * * 

(3) Fish inside the nontrawl RCA with 

any gear type other than those specified 

at § 660.230(b)(6). In addition, a vessel 

may not carry more than one gear type 

as specified at § 660.230(b)(6) on board 

while declared to fish inside the 

nontrawl RCA (see § 660.13(d)(4)(iv)(A) 

for valid declarations for use inside the 

nontrawl RCA). 

* * * * * 

■ 18. Amend § 660.230 by: 

■ a. Revising paragraph (a); 

■ b. Adding paragraph (b)(6); 

■ c. Revising paragraphs (d)(5) through 

(13); and 

■ d. Adding new paragraphs (d)(14) 

through (17). 

The additions and revisions read as 

follows: 

§ 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 2 (North) and 2 (South) of this 

subpart), size limits (see § 660.60(h)(5)), 

seasons (see trip limits in Tables 2 

(North) and 2 (South) of this subpart 

and sablefish primary season details in 

§ 660.231), gear restrictions (see 

paragraph (b) of this section), and closed 

areas (see paragraph (d) of this section 

and §§ 660.70 through 660.79). Cowcod 

retention is prohibited in all fisheries, 

and groundfish vessels operating south 

of Point Conception must adhere to GEA 

restrictions (see paragraph (d)(17) of this 

section and § 660.70). Yelloweye 


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rockfish retention is prohibited in the 

limited entry fixed gear fisheries. 

Regulations governing tier limits for the 

limited entry, fixed gear sablefish 

primary season north of 36° N lat. are 

found in § 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 

§ 660.230(e). The trip limits in Table 2 

(North) and Table 2 (South) of this 

subpart apply to vessels participating in 

the limited entry groundfish fixed gear 

fishery and may not be exceeded. 

(b) * * * 

(6) Gear for use in the Nontrawl RCA. 

Inside the nontrawl 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 limited entry fixed 

gear sector as defined at § 660.11. On a 

fishing trip where any fishing will occur 

inside the nontrawl 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 

nontrawl RCA on the same fishing trip, 

provided a valid declaration report as 

required at § 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)(6)(i) and (ii) of this 

section. 

(i) Stationary vertical jig gear. The 

following requirements apply to 

stationary vertical jig gear: 

(A) Must be a minimum of 30 feet 

between the bottom weight and the 

lowest fishing hook; 

(B) No more than 4 vertical mainlines 

attached to or fished from the vessel 

(e.g., rod and reel) may be used in the 

water at one time with no more than 25 

hooks on each mainline; 

(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. 

(ii) Groundfish troll gear. The 

following requirements apply to 

groundfish troll gear: 

(A) Must be a minimum of 50 feet 

between the bottom weight and the troll 

wire’s connection to the horizontal 

mainline; 

(B) No more than one mainline 

attached to or fished form the vessel 

may be used in the water at one time; 

(C) No more than 500 hooks may be 

in the water at one time, with no more 

than 25 extra hooks on board the vessel; 

(D) Hooks must be spaced apart by a 

visible maker (e.g., floats, line wraps, 

colored line splices), with no more than 

25 hooks between each marker and no 

more than 20 markers on the mainline; 

and 

(E) Natural bait or weighted hooks 

may not be used nor be on board the 

vessel. Artificial lures and bait are 

permitted. 

* * * * * 

(d) * * * 

(5) Tillamook YRCA. The latitude and 

longitude coordinates that define the 

Tillamook YRCA boundaries are 

specified at § 660.70, subpart C. Fishing 

with limited entry fixed gear is 

prohibited within the Tillamook YRCA 

on dates when the closure is in effect. 

It is unlawful to take and retain, 

possess, or land groundfish taken with 

limited entry fixed gear within the 

Tillamook YRCA on dates when the 

closure is in effect. The closure is not in 

effect at this time. This closure may be 

implemented through inseason 

adjustment. Limited entry fixed gear 

vessels may transit through the 

Tillamook YRCA at any time, with or 

without groundfish on board. 

(6) Newport YRCA. The latitude and 

longitude coordinates that define the 

Newport YRCA boundaries are specified 

at § 660.70, subpart C. Fishing with 

limited entry fixed gear is prohibited 

within the Newport YRCA on dates 

when the closure is in effect. It is 

unlawful to take and retain, possess, or 

land groundfish taken with limited 

entry fixed gear within the Newport 

YRCA on dates when the closure is in 

effect. The closure is not in effect at this 

time. This closure may be implemented 

through inseason adjustment. Limited 

entry fixed gear vessels may transit 

through the Newport YRCA at any time, 

with or without groundfish on board. 

(7) Florence YRCA. The latitude and 

longitude coordinates that define the 

Florence YRCA boundaries are specified 

at § 660.70, subpart C. Fishing with 

limited entry fixed gear is prohibited 

within the Florence YRCA on dates 

when the closure is in effect. It is 

unlawful to take and retain, possess, or 

land groundfish taken with limited 

entry fixed gear within the Florence 

YRCA on dates when the closure is in 

effect. The closure is not in effect at this 

time. This closure may be implemented 

through inseason adjustment. Limited 

entry fixed gear vessels may transit 

through the Florence YRCA at any time, 

with or without groundfish on board. 

(8) Heceta Bank YRCA. The latitude 

and longitude coordinates that define 

the Heceta Bank YRCA boundaries are 

specified at § 660.70, subpart C. Fishing 

with limited entry fixed gear is 

prohibited within the Heceta Bank 

YRCA on dates when the closure is in 

effect. It is unlawful to take and retain, 

possess, or land groundfish taken with 

limited entry fixed gear within the 

Heceta Bank YRCA on dates when the 

closure is in effect. The closure is 

currently in effect. This closure may be 

modified through inseason adjustment. 

Limited entry fixed gear vessels may 

transit through the Heceta Bank YRCA 

at any time, with or without groundfish 

on board. 

(9) Point St. George YRCA. The 

latitude and longitude coordinates of 

the Point St. George YRCA boundaries 

are specified at § 660.70, subpart C. 

Fishing with limited entry fixed gear is 

prohibited within the Point St. George 

YRCA, on dates when the closure is in 

effect. It is unlawful to take and retain, 

possess, or land groundfish taken with 

limited entry fixed gear within the Point 

St. George YRCA, on dates when the 

closure is in effect. The closure is not in 

effect at this time. This closure may be 

imposed through inseason adjustment. 

Limited entry fixed gear vessels may 

transit through the Point St. George 

YRCA, at any time, with or without 

groundfish on board. 

(10) South Reef YRCA. The latitude 

and longitude coordinates of the South 

Reef YRCA boundaries are specified at 

§ 660.70, subpart C. Fishing with 

limited entry fixed gear is prohibited 

within the South Reef YRCA, on dates 

when the closure is in effect. It is 

unlawful to take and retain, possess, or 

land groundfish taken with limited 

entry fixed gear within the South Reef 

YRCA, on dates when the closure is in 

effect. The closure is not in effect at this 

time. This closure may be imposed 

through inseason adjustment. Limited 

entry fixed gear vessels may transit 

through the South Reef YRCA, at any 

time, with or without groundfish on 

board. 

(11) Reading Rock YRCA. The latitude 

and longitude coordinates of the 

Reading Rock YRCA boundaries are 

specified at § 660.70, subpart C. Fishing 

with limited entry fixed gear is 

prohibited within the Reading Rock 

YRCA, on dates when the closure is in 

effect. It is unlawful to take and retain, 

possess, or land groundfish taken with 

limited entry fixed gear within the 

Reading Rock YRCA, on dates when the 

closure is in effect. The closure is not in 

effect at this time. This closure may be 


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imposed through inseason adjustment. 

Limited entry fixed gear vessels may 

transit through the Reading Rock YRCA, 

at any time, with or without groundfish 

on board. 

(12) Point Delgada (North) YRCA. The 

latitude and longitude coordinates of 

the Point Delgada (North) YRCA 

boundaries are specified at § 660.70, 

subpart C. Fishing with limited entry 

fixed gear is prohibited within the Point 

Delgada (North) YRCA, on dates when 

the closure is in effect. It is unlawful to 

take and retain, possess, or land 

groundfish taken with limited entry 

fixed gear within the Point Delgada 

(North) YRCA, on dates when the 

closure is in effect. The closure is not in 

effect at this time. This closure may be 

imposed through inseason adjustment. 

Limited entry fixed gear vessels may 

transit through the Point Delgada 

(North) YRCA, at any time, with or 

without groundfish on board. 

(13) Point Delgada (South) YRCA. The 

latitude and longitude coordinates of 

the Point Delgada (South) YRCA 

boundaries are specified at § 660.70, 

subpart C. Fishing with limited entry 

fixed gear is prohibited within the Point 

Delgada (South) YRCA, on dates when 

the closure is in effect. It is unlawful to 

take and retain, possess, or land 

groundfish taken with limited entry 

fixed gear within the Point Delgada 

(South) YRCA, on dates when the 

closure is in effect. The closure is not in 

effect at this time. This closure may be 

imposed through inseason adjustment. 

Limited entry fixed gear vessels may 

transit through the Point Delgada 

(South) YRCA, at any time, with or 

without groundfish on board. 

(14) Nontrawl Rockfish Conservation 

Area (RCA). The nontrawl RCA is 

defined at § 660.11 and with latitude 

and longitude coordinates, at §§ 660.71 

through 660.74, where fishing for 

groundfish with nontrawl gear is 

prohibited. Boundaries for the nontrawl 

RCA throughout the year are provided 

in the header to Table 2 (North) and 

Table 2 (South) of this subpart and may 

be modified by NMFS inseason 

pursuant to § 660.60(c). 

(i) It is unlawful to operate a vessel 

with limited entry nontrawl gear in the 

nontrawl RCA, except for the purpose of 

continuous transit, or when the use of 

limited entry nontrawl gear is 

authorized in this section. It is unlawful 

to take and retain, possess, or land 

groundfish taken with limited entry 

nontrawl gear within the nontrawl RCA, 

unless otherwise authorized in this 

section. 

(ii) Limited entry nontrawl vessels 

may transit through the nontrawl RCA, 

with or without groundfish on board, 

provided all groundfish nontrawl gear is 

stowed either: Below deck; or if the gear 

cannot readily be moved, in a secured 

and covered manner, detached from all 

lines, so that it is rendered unusable for 

fishing. 

(iii) The nontrawl RCA restrictions in 

this section apply to vessels registered 

to limited entry fixed gear permits 

fishing for species other than groundfish 

with nontrawl gear on trips where 

groundfish species are retained. Unless 

otherwise authorized in this section, a 

vessel may not retain any groundfish 

taken on a fishing trip for species other 

than groundfish that occurs within the 

nontrawl RCA. If a vessel fishes in a 

non-groundfish fishery in the nontrawl 

RCA, it may not participate in any 

fishing for groundfish on that trip that 

is prohibited within the nontrawl RCA. 

[For example, if a vessel fishes in the 

salmon troll fishery within the RCA, the 

vessel cannot on the same trip fish in 

the sablefish fishery outside of the 

RCA.] 

(iv) It is lawful to fish within the 

nontrawl RCA with limited entry fixed 

gear using hook and line gear only when 

trip limits authorize such fishing, and 

provided a valid declaration report as 

required at § 660.13(d), subpart C, has 

been filed with NMFS OLE. 

(v) It is lawful to fish within the 

nontrawl RCA under the limited entry 

fixed gear trip limits specified in Table 

2 (North) and Table 2 (South) of this 

subpart only when using the nonbottom contact hook-and-line gear types 

described at § 660.230(b)(6), and 

provided a valid declaration report as 

required at § 660.13(d), subpart C, has 

been filed with NMFS OLE. 

(15) Farallon Islands. Under 

California law, commercial fishing for 

all groundfish is prohibited between the 

shoreline and the 10 fm (18 m) depth 

contour around the Farallon Islands. An 

exception to this prohibition is that 

commercial fishing for ‘‘other flatfish’’ 

is allowed around the Farallon Islands 

using hook and line gear only. (See 

Table 2 (South) of this subpart.) For a 

definition of the Farallon Islands, see 

§ 660.70, subpart C. 

(16) Cordell Bank. Commercial fishing 

for groundfish is prohibited in waters of 

depths less than 100 fm (183 m) around 

Cordell Bank, as defined by specific 

latitude and longitude coordinates at 

§ 660.70, subpart C. An exception to this 

prohibition is that commercial fishing 

for ‘‘other flatfish’’ is allowed around 

Cordell Bank using hook and line gear 

only. 

(17) Groundfish exclusion areas 

(GEAs). The GEAs are closed areas in 

the Southern California Bight, defined 

by specific latitude and longitude 

coordinates (specified at § 660.70) 

where commercial and recreational 

fishing for groundfish is prohibited. It is 

unlawful to fish for, take and retain, 

possess (except for the purpose of 

continuous transit) or land groundfish 

within the GEAs. All fishing gear for 

targeting groundfish must be stowed 

while transiting through a GEA. If 

fishing for non-groundfish species 

within a GEA, then no groundfish may 

be on board the vessel. 

* * * * * 

■ 19. In § 660 Subpart E, revise Table 2 

North and Table 2 South to read as 

follows: 

Section 660 Subpart E Table 2 North 

and Table 2 South 


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Subpart F [Amended] 

■ 20. In subpart F of part 660, revise all 

references to ‘‘Cordell Banks’’ to read 

‘‘Cordell Bank’’. 

■ 21. In § 660.312, revise paragraph 

(d)(7) and add paragraph (d)(8) to read 

as follows: 

§ 660.31 2 Open access fishery— 

prohibitions. 

* * * * * 

(d) * * * 

(7) Fish with bottom trawl gear 

(defined at § 660.11), other than 

demersal seine, unless otherwise 

specified in this section or § 660.330, 

within the EEZ in the following 

EFHCAs (defined at § 660.79): Brush 

Patch, Trinidad Canyon, Mad River 

Rough Patch, Samoa Deepwater, Eel 

River Canyon, Blunts Reef, Mendocino 

Ridge, Delgada Canyon, Tolo Bank, 

Navarro Canyon, Point Arena North, 

Point Arena South Biogenic Area, the 

Football, Gobbler’s Knob, Point Reyes 

Reef, Cordell Bank/Biogenic Area, 

Rittenburg Bank, Farallon Islands/Fanny 

Shoal/Cochrane Bank, Farallon 

Escarpment, Half Moon Bay, Pescadero 

Reef, Pigeon Point Reef, Ascension 


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59858 Federal Register / Vol. 88, No. 167 / Wednesday, August 30, 2023 / Proposed Rules 

Canyonhead, South of Davenport, 

Monterey Bay/Canyon, West of 

Sobranes Point, Point Sur Deep, Big Sur 

Coast/Port San Luis, La Cruz Canyon, 

West of Piedras Blancas State Marine 

Conservation Area, East San Lucia Bank, 

Point Conception, Hidden Reef/Kidney 

Bank, Catalina Island, Potato Bank, 

Cherry Bank, Cowcod EFHCA East, and 

Southern California Bight. 

(8) Fish inside the nontrawl RCA with 

any gear type other than those specified 

at § 660.330(b)(3). In addition, a vessel 

may not carry more than one gear type 

as specified at § 660.330(b)(3) on board 

while declared to fish inside the 

nontrawl RCA (see §660.13(d)(4)(iv)(A) 

for valid declarations for use inside the 

nontrawl RCA). 

■ 22. Amend § 660.330 by: 

■ a. Revising paragraph (a); 

■ b. Revising paragraph (b)(3) 

introductory text; 

■ c. Revising paragraph (b)(3)(i)(A) and 

(B); 

■ d. Removing paragraph (b)(3)(i)(D); 

■ e. Revising paragraph (b)(3)(ii)(B); 

■ f. Revising paragraphs (d)(5) through 

(15); and 

■ g. Adding new paragraphs (d)(16) 

through (19). 

The revisions and additions read as 

follows: 

§ 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 3 (North) and 3 (South) 

of this subpart), size limits (see 

§ 660.60(h)(5)), seasons (see seasons in 

Tables 3 (North) and 3 (South) of this 

subpart), gear restrictions (see paragraph 

(b) of this section), and closed areas (see 

paragraph (d) of this section and 

§§ 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. Cowcod retention is 

prohibited in all fisheries, and 

groundfish vessels operating south of 

Point Conception must adhere to GEA 

restrictions (see paragraph (d)(15) of this 

section and § 660.70). Retention of 

yelloweye rockfish is prohibited in all 

open access fisheries. For information 

on the open access daily/weekly trip 

limit fishery for sablefish, see § 660.332 

of this subpart and the trip limits in 

Tables 3 (North) and 3 (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). Open access vessels that fish 

with non-groundfish trawl gear or in the 

salmon troll fishery north of 40°10′ N 

lat. are subject the cumulative limits 

and closed areas (except the pink 

shrimp fishery which is not subject to 

RCA restrictions) listed in Tables 3 

(North) and 3 (South) of this subpart. 

(b) * * * 

(3) Gear for use inside the Nontrawl 

RCA. Inside the nontrawl 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 open access sector 

as defined at § 660.11. On a fishing trip 

where any fishing will occur inside the 

nontrawl 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 nontrawl 

RCA on the same fishing trip, provided 

a valid declaration report as required at 

§ 660.13(d) has been filed with NMFS 

OLE. Legal non-bottom contact hookand-line gear means stationary vertical 

jig gear not anchored to the bottom and 

groundfish troll gear, subject to the 

specifications in paragraphs (b)(6)(i) and 

(ii) of this section. 

(i) * * * 

(A) Must be a minimum of 30 feet 

between the bottom weight and the 

lowest fishing hook; 

(B) No more than 4 vertical mainlines 

attached to or fished from the vessel 

(e.g., rod & reel) may be used in the 

water at one time with no more than 25 

hooks on each mainline; 

* * * * * 

(ii) * * * 

(B) No more than one mainline 

attached to or fished from the vessel 

may be used in the water at one time; 

* * * * * 

(d) * * * 

(5) Tillamook YRCA. The latitude and 

longitude coordinates of the Tillamook 

YRCA boundaries are specified at 

§ 660.70, subpart C. Fishing with open 

access gear is prohibited within the 

Tillamook YRCA, on dates when the 

closure is in effect. It is unlawful to take 

and retain, possess, or land groundfish 

taken with open access gear within the 

Tillamook YRCA, on dates when the 

closure is in effect. The closure is not in 

effect at this time. This closure may be 

imposed through inseason adjustment. 

Open access vessels may transit through 

the Tillamook YRCA, at any time, with 

or without groundfish on board. 

(6) Newport YRCA. The latitude and 

longitude coordinates of the Newport 

YRCA boundaries are specified at 

§ 660.70, subpart C. Fishing with open 

access gear is prohibited within the 

Newport YRCA, on dates when the 

closure is in effect. It is unlawful to take 

and retain, possess, or land groundfish 

taken with open access gear within the 

Newport YRCA, on dates when the 

closure is in effect. The closure is not in 

effect at this time. This closure may be 

imposed through inseason adjustment. 

Open access vessels may transit through 

the Newport YRCA, at any time, with or 

without groundfish on board. 

(7) Florence YRCA. The latitude and 

longitude coordinates of the Florence 

YRCA boundaries are specified at 

§ 660.70, subpart C. Fishing with open 

access gear is prohibited within the 

Florence YRCA, on dates when the 

closure is in effect. It is unlawful to take 

and retain, possess, or land groundfish 

taken with open access gear within the 

Florence YRCA, on dates when the 

closure is in effect. The closure is not in 

effect at this time. This closure may be 

imposed through inseason adjustment. 

Open access vessels may transit through 

the Florence YRCA, at any time, with or 

without groundfish on board. 

(8) Heceta Bank YRCA. The latitude 

and longitude coordinates of the Heceta 

Bank YRCA boundaries are specified at 

§ 660.70, subpart C. Fishing with open 

access gear is prohibited within the 

Heceta Bank YRCA, on dates when the 

closure is in effect. It is unlawful to take 

and retain, possess, or land groundfish 

taken with open access gear within the 

Heceta Bank YRCA, on dates when the 

closure is in effect. The closure is in 

effect at this time. This closure may be 

imposed through inseason adjustment. 

Open access vessels may transit through 

the Heceta Bank YRCA, at any time, 

with or without groundfish on board. 

(9) Point St. George YRCA. The 

latitude and longitude coordinates of 

the Point St. George YRCA boundaries 

are specified at § 660.70, subpart C. 

Fishing with open access gear is 

prohibited within the Point St. George 

YRCA, on dates when the closure is in 

effect. It is unlawful to take and retain, 

possess, or land groundfish taken with 

open access gear within the Point St. 

George YRCA, on dates when the 

closure is in effect. The closure is not in 

effect at this time. This closure may be 

imposed through inseason adjustment. 

Open access vessels may transit through 

the Point St. George YRCA, at any time, 

with or without groundfish on board. 

(10) South Reef YRCA. The latitude 

and longitude coordinates of the South 


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Federal Register / Vol. 88, No. 167 / Wednesday, August 30, 2023 / Proposed Rules 59859 

Reef YRCA boundaries are specified at 

§ 660.70, subpart C. Fishing with open 

access gear is prohibited within the 

South Reef YRCA, on dates when the 

closure is in effect. It is unlawful to take 

and retain, possess, or land groundfish 

taken with open access gear within the 

South Reef YRCA, on dates when the 

closure is in effect. The closure is not in 

effect at this time. This closure may be 

imposed through inseason adjustment. 

Open access gear vessels may transit 

through the South Reef YRCA, at any 

time, with or without groundfish on 

board. 

(11) Reading Rock YRCA. The latitude 

and longitude coordinates of the 

Reading Rock YRCA boundaries are 

specified at § 660.70, subpart C. Fishing 

with open access gear is prohibited 

within the Reading Rock YRCA, on 

dates when the closure is in effect. It is 

unlawful to take and retain, possess, or 

land groundfish taken with open access 

gear within the Reading Rock YRCA, on 

dates when the closure is in effect. The 

closure is not in effect at this time. This 

closure may be imposed through 

inseason adjustment. Open access gear 

vessels may transit through the Reading 

Rock YRCA, at any time, with or 

without groundfish on board. 

(12) Point Delgada (North) YRCA. The 

latitude and longitude coordinates of 

the Point Delgada (North) YRCA 

boundaries are specified at § 660.70, 

subpart C. Fishing with open access gear 

is prohibited within the Point Delgada 

(North) YRCA, on dates when the 

closure is in effect. It is unlawful to take 

and retain, possess, or land groundfish 

taken with open access gear within the 

Point Delgada (North) YRCA, on dates 

when the closure is in effect. The 

closure is not in effect at this time. This 

closure may be imposed through 

inseason adjustment. Open access gear 

vessels may transit through the Point 

Delgada (North) YRCA, at any time, 

with or without groundfish on board. 

(13) Point Delgada (South) YRCA. The 

latitude and longitude coordinates of 

the Point Delgada (South) YRCA 

boundaries are specified at § 660.70, 

subpart C. Fishing with open access gear 

is prohibited within the Point Delgada 

(South) YRCA, on dates when the 

closure is in effect. It is unlawful to take 

and retain, possess, or land groundfish 

taken with open access gear within the 

Point Delgada (South) YRCA, on dates 

when the closure is in effect. The 

closure is not in effect at this time. This 

closure may be imposed through 

inseason adjustment. Open access gear 

vessels may transit through the Point 

Delgada (South) YRCA, at any time, 

with or without groundfish on board. 

(14) Salmon Troll Yelloweye Rockfish 

Conservation Area (YRCA). The latitude 

and longitude coordinates of the Salmon 

Troll YRCA boundaries are specified in 

the groundfish regulations at § 660.70, 

subpart C, and in the salmon regulations 

at § 660.405. Fishing with salmon troll 

gear is prohibited within the Salmon 

Troll YRCA. It is unlawful for 

commercial salmon troll vessels to take 

and retain, possess, or land fish taken 

with salmon troll gear within the 

Salmon Troll YRCA. Open access 

vessels may transit through the Salmon 

Troll YRCA with or without fish on 

board. 

(15) Nontrawl rockfish conservation 

area for the open access fisheries. The 

nontrawl RCAs are closed areas, defined 

by specific latitude and longitude 

coordinates (specified at §§ 660.70 

through 660.73, subpart C) designed to 

approximate specific depth contours, 

where fishing for groundfish with 

nontrawl gear is prohibited. Boundaries 

for the nontrawl RCA throughout the 

year are provided in the open access trip 

limit tables, Table 3 (North) and Table 

3 (South) of this subpart and may be 

modified by NMFS inseason pursuant to 

§ 660.60(c). 

(i) It is unlawful to operate a vessel in 

the nontrawl RCA that has nontrawl 

gear onboard and is not registered to a 

limited entry permit on a trip in which 

the vessel is used to take and retain or 

possess groundfish in the EEZ, or land 

groundfish taken in the EEZ, except for 

the purpose of continuous transiting, or 

when the use of nontrawl gear is 

authorized in part 660. 

(ii) On any trip on which a groundfish 

species is taken with nontrawl open 

access gear and retained, the open 

access nontrawl vessel may transit 

through the nontrawl RCA only if all 

groundfish nontrawl gear is stowed 

either: Below deck; or if the gear cannot 

readily be moved, in a secured and 

covered manner, detached from all 

lines, so that it is rendered unusable for 

fishing. 

(iii) The nontrawl RCA restrictions in 

this section apply to vessels taking and 

retaining or possessing groundfish in 

the EEZ, or landing groundfish taken in 

the EEZ. Unless otherwise authorized by 

part 660, a vessel may not retain any 

groundfish taken on a fishing trip for 

species other than groundfish that 

occurs within the nontrawl RCA. If a 

vessel fishes in a non-groundfish fishery 

in the nontrawl RCA, it may not 

participate in any fishing for groundfish 

on that trip that is prohibited within the 

nontrawl RCA. [For example, if a vessel 

fishes in the salmon troll fishery within 

the RCA, the vessel cannot on the same 

trip fish in the sablefish fishery outside 

of the RCA.] 

(iv) Fishing for ‘‘other flatfish’’ off 

California (between 42° N lat. south to 

the U.S./Mexico border) is allowed 

within the nontrawl RCA with hook and 

line gear only; and provided a valid 

declaration report as required at 

§ 660.13(d), has been filed with NMFS 

OLE. 

(v) Target fishing for groundfish off 

Oregon and California (between 46°16′ 

N lat. and the U.S./Mexico border) is 

allowed within the nontrawl RCA for 

vessels participating in the directed 

open access sector as defined at 

§ 660.11, subject to the gear restrictions 

at § 660.330(b)(3)(i-ii), and provided a 

valid declaration report as required at 

§ 660.13(d) has been filed with NMFS 

OLE. 

(16) Non-groundfish trawl rockfish 

conservation areas for the open access 

non-groundfish trawl fisheries. The nongroundfish trawl RCAs are closed areas, 

defined by specific latitude and 

longitude coordinates (specified at 

§§ 660.70 through 660.74, subpart C) 

designed to approximate specific depth 

contours, where fishing for groundfish 

with nontrawl gear is prohibited. 

Boundaries for the nontrawl RCA 

throughout the year are provided in the 

open access trip limit tables, Table 3 

(North) and Table 3 (South) of this 

subpart and may be modified by NMFS 

in season pursuant to § 660.60(c). 

(i) It is unlawful to operate a vessel in 

the non-groundfish trawl RCA with nongroundfish trawl gear onboard, except 

for the purpose of continuous transiting, 

or when the use of trawl gear is 

authorized in part 660. It is unlawful to 

take and retain, possess, or land 

groundfish taken with non-groundfish 

trawl gear within the nontrawl RCA, 

unless otherwise authorized in part 660. 

(ii) Non-groundfish trawl vessels may 

transit through the non-groundfish trawl 

RCA, with or without groundfish on 

board, provided all non-groundfish 

trawl gear is stowed either: Below deck; 

or if the gear cannot readily be moved, 

in a secured and covered manner, 

detached from all towing lines, so that 

it is rendered unusable for fishing; or 

remaining on deck uncovered if the 

trawl doors are hung from their 

stanchions and the net is disconnected 

from the doors. 

(iii) The non-groundfish trawl RCA 

restrictions in this section apply to 

vessels taking and retaining or 

possessing groundfish in the EEZ, or 

landing groundfish taken in the EEZ. 

Unless otherwise authorized by Part 

660, it is unlawful for a vessel to retain 

any groundfish taken on a fishing trip 

for species other than groundfish that 


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59860 Federal Register / Vol. 88, No. 167 / Wednesday, August 30, 2023 / Proposed Rules 

occurs within the non-groundfish trawl 

RCA. If a vessel fishes in a nongroundfish fishery in the nongroundfish trawl RCA, it may not 

participate in any fishing on that trip 

that is prohibited within the nongroundfish trawl RCA. Nothing in these 

Federal regulations supersedes any state 

regulations that may prohibit trawling 

shoreward of the fishery management 

area (3–200 nm). 

(iv) It is lawful to fish with nongroundfish trawl gear within the nongroundfish trawl RCA only under the 

following conditions: 

(A) Pink shrimp trawling is permitted 

in the non-groundfish trawl RCA when 

a valid declaration report as required at 

§ 660.12(d), subpart C, has been filed 

with NMFS OLE. Groundfish caught 

with pink shrimp trawl gear may be 

retained anywhere in the EEZ and are 

subject to the limits in Table 3 (North) 

and Table 3 (South) of this subpart. 

(B) When the shoreward line of the 

trawl RCA is shallower than 100 fm (183 

m), vessels using ridgeback prawn trawl 

gear south of 34°27.00′ N lat. may 

operate out to the 100 fm (183 m) 

boundary line specified at § 660.73, 

when a valid declaration report as 

required at § 660.13(d), has been filed 

with NMFS OLE. Groundfish caught 

with ridgeback prawn trawl gear are 

subject to the limits in Table 3 (North) 

and Table 3 (South) of this subpart. 

(17) Farallon Islands. Under 

California law, commercial fishing for 

all groundfish is prohibited between the 

shoreline and the 10 fm (18 m) depth 

contour around the Farallon Islands. An 

exception to this prohibition is that 

commercial fishing for ‘‘other flatfish’’ 

is allowed around the Farallon Islands 

using hook and line gear only. (See 

Table 2 (South) of this subpart.) For a 

definition of the Farallon Islands, see 

§ 660.70, subpart C. 

(18) Cordell Bank. Commercial fishing 

for groundfish is prohibited in waters of 

depths less than 100-fm (183-m) around 

Cordell Bank, as defined by specific 

latitude and longitude coordinates at 

§ 660.70, subpart C. An exception to this 

prohibition is that commercial fishing 

for ‘‘other flatfish’’ is allowed around 

Cordell Bank using hook and line gear 

only. 

(19) Groundfish exclusion areas 

(GEAs). The GEAs are closed areas in 

the Southern California Bight, defined 

by specific latitude and longitude 

coordinates (specified at § 660.70) 

where commercial and recreational 

fishing for groundfish is prohibited. It is 

unlawful to fish for, take and retain, 

possess (except for the purpose of 

continuous transit) or land groundfish 

within the GEAs. All fishing gear for 

targeting groundfish must be stowed 

while transiting through a GEA. If 

fishing for non-groundfish species 

within a GEA, then no groundfish may 

be on board the vessel. 

* * * * * 

■ 23. In § 660 Subpart E, revise Table 3 

North and Table 3 South to read as 

follows: 

Section 660 Subpart F Table 3 North 

and Table 3 South 


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59862 Federal Register / Vol. 88, No. 167 / Wednesday, August 30, 2023 / Proposed Rules 


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Federal Register / Vol. 88, No. 167 / Wednesday, August 30, 2023 / Proposed Rules 59863 

Subpart G [Amended] 

■ 24. In subpart G of part 660, revise all 

references to ‘‘Cordell Banks’’ to read 

‘‘Cordell Bank’’. 

■ 25. Amend § 660.360 by revising 

paragraphs (c)(3)(i)(B) and (c)(3)(iv)(A) 

to read as follows: 

§ 660.360 Recreational fishery— 

management measures. 

* * * * * 

(c) * * * 

(3) * * * 

(i) * * * 

(B) Groundfish exclusion areas 

(GEAs). The GEAs are closed areas in 

the Southern California Bight, defined 

by specific latitude and longitude 

coordinates (specified at § 660.70) 

where commercial and recreational 

fishing for groundfish is prohibited. It is 

unlawful to fish for, take and retain, 

possess (except for the purpose of 

continuous transit) or land groundfish 

within the GEAs. Recreational fishing 

gear for targeting groundfish may not be 

deployed while transiting through a 

GEA. If fishing for non-groundfish 

species within a GEA, then no 

groundfish may be on board the vessel. 

* * * * * 

(iv) * * * 

(A) Seasons. Recreational fishing for 

‘‘Other Flatfish,’’ petrale sole, and starry 

flounder is open from January 1 through 

December 31. When recreational fishing 

for ‘‘Other Flatfish,’’ petrale sole, and 

starry flounder is open, it is permitted 

both outside and within the recreational 

RCAs described in paragraph (c)(3)(i) of 

this section. 

* * * * * 

[FR Doc. 2023–18411 Filed 8–29–23; 8:45 am] 

BILLING CODE 3510–22–P 


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