45396 Federal Register / Vol. 83, No. 174 / Friday, September 7, 2018 / Proposed Rules 

address, computations which do not required 

additional contract funds, and other such 

changes (see FAR 43.101). 

(3) For actions not to exceed $ (insert 

dollar amount) negotiate and execute 

supplemental agreements incorporating 

Contractor proposals resulting from change 

orders issued under the Changes clause. 

(4) Negotiate and execute supplemental 

agreements changing contract delivery 

schedules where the time extension does not 

exceed (insert number) calendar days. 

(End of clause) 

PART 853—FORMS 

■ 56. The authority citation for part 853 

is revised to read as follows: 

Authority: 40 U.S.C. 121(c); 41 U.S.C. 

1702; and 48 CFR 1.301–1.304. 

Subpart 853.1—General 

■ 57. Section 853.107 is revised to read 

as follows: 

853.107 Obtaining forms. 

VA forms may be obtained online at 

https://www.va.gov/vaforms/ or upon 

request from any VA contracting office. 

Subpart 853.2—Prescription of Forms 

■ 58. Sections 853.236 and 853.236–70 

are revised to read as follows: 

853.236 Construction and architectengineer contracts. 

853.236–70 VA Form 6298, ArchitectEngineer Fee Proposal (see 836.7001(a)). 

■ 59. Sections 853.236–71 and 

853.236.72 are added to read as follows: 

853.236–71 VA Form 2138, Order for 

Supplies or Services (Including Task Orders 

for Construction or A–E Services) (see 

836.7001(b)). 

853.236–72 VA Form 10101, Contractor 

Production Report (see 836.7001(c)). 

[FR Doc. 2018–18309 Filed 9–6–18; 8:45 am] 

BILLING CODE 8320–01–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 660 

[Docket No. 180207141–8783–01] 

RIN 0648–BH74 

Magnuson-Stevens Act Provisions; 

Fisheries Off West Coast States; 

Pacific Coast Groundfish Fishery; 

Groundfish Bottom Trawl and 

Midwater Trawl Gear in the Trawl 

Rationalization Program 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Proposed rule, request for 

comments. 

SUMMARY: NMFS proposes revising 

Federal regulations that restrict the use 

and configuration of bottom and 

midwater trawl gear for vessels fishing 

under the Pacific Coast Groundfish 

Fishery’s Trawl Rationalization 

Program. The gear restrictions were 

originally implemented to limit 

discarding and protect overfished 

rockfish species. These restrictions are 

no longer necessary because of changes 

to the fishery, including implementation 

of the Trawl Rationalization Program in 

2011, and improved status of a number 

of overfished rockfish stocks. By 

eliminating these regulations, the 

proposed action could increase 

flexibility in how vessels can use and 

configure gear to increase access to 

target stocks and efficiency of fishing 

practices, while still limiting the catch 

of target and non-target discards to meet 

the conservation objectives of the Trawl 

Rationalization Program. 

DATES: Comments on this proposed rule 

must be received on or before October 

9, 2018. 

ADDRESSES: Submit your comments, 

identified by NOAA–NMFS–2018–0081, 

by any of the following methods: 

• Online Submission: Go to the 

Federal e-Rulemaking Portal at 

www.regulations.gov/ 

#!docketDetail;D=NOAA-NMFS-2018- 

0081, click the ‘‘Comment Now!’’ icon, 

complete the required fields, and enter 

or attach your comments. 

• Mail: Submit written comments to 

Barry Thom, Regional Administrator, 

West Coast Region, NMFS, 7600 Sand 

Point Way NE, Seattle, WA 98115–0070. 

NMFS may not consider comments if 

they are sent by any other method, to 

any other address or individual, or 

received after the comment period ends. 

All comments received are a part of the 

public record and NMFS will post the 

comments for public viewing on 

www.regulations.gov without change. 

All personal identifying information 

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

business information, or otherwise 

sensitive information submitted 

voluntarily by the sender is publicly 

accessible. NMFS will accept 

anonymous comments (enter ‘‘N/A’’ in 

the required fields if you wish to remain 

anonymous). Attachments to electronic 

comments will be accepted in Microsoft 

Word, Excel, or Adobe PDF file formats 

only. 

Electronic copies of supporting 

documents referenced in this proposed 

rule, including the Environmental 

Assessment (EA) and Regulatory Impact 

Review (RIR)/Regulatory Flexibility 

Analysis (RFA), are available from 

www.regulations.gov or from the NMFS 

West Coast Region Groundfish Fisheries 

website at http://www.westcoast.

fisheries.noaa.gov/fisheries/groundfish/ 

index.html. 

FOR FURTHER INFORMATION CONTACT: 

Karen Palmigiano, Fishery Management 

Specialist, 206–526–4491, or 

karen.palmigiano@noaa.gov. 

SUPPLEMENTARY INFORMATION: 

Table of Contents 

I. Background 

II. Summary of the Proposed Regulations 

A. Proposed Regulations for Net 

Configuration 

1. Eliminate Minimum Mesh Size 

Restriction 

2. Revise the Definition of Mesh Size 

3. Eliminate the Prohibition on Doublewalled Codends 

4. Eliminate Restrictions on the Use of 

Chafing Gear 

5. Summary of Potential Impacts From 

Proposed Regulations for Net 

Configuration 

B. Eliminate the Requirement to Use 

Selective Flatfish Trawl Shoreward of 

the RCA and North of 42 N. Latitude 

C. Proposed Regulations for Vessel 

Operations 

1. Eliminate the Prohibition on Multiple 

Types of Groundfish Trawl Gears Carried 

and Fished on the Same Trip 

2. Eliminate the Prohibition on Bringing a 

New Haul Onboard Before All Catch 

From the Previous Haul Is Stowed 

3. Eliminate the Prohibition on Fishing in 

Multiple IFQ Management Areas on the 

Same Tow 

4. Summary of Potential Impacts From 

Proposed Regulations for Some Vessel 

Operations 

III. Classification 

IV. Description of Regulated Entities 

V. Description of the Proposed Regulations 

VI. Collection of Information Requirements 

I. Background 

Prior to 2011, the Pacific Coast 

Groundfish fishery was primarily 

managed with trip and landing limits 

and area closures and monitoring was 

limited (e.g., less than 25 percent of 

groundfish bottom and midwater trawl 

trip landings were subject to at-sea 

observer coverage). During that time, 

NMFS implemented trawl gear 

restrictions to both reduce groundfish 

and non-groundfish bycatch and 

discards, as well as limit access to 

overfished rockfish habitat. Restrictions 

included: (1) Minimum mesh size 

requirements; (2) requirements for 

chafing gear and cod-ends; (3) the trawl 

Rockfish Conservation Areas (RCA), 

which prohibits the use of groundfish 

bottom trawl gear between certain 


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fathom lines defined in regulation at 

§§ 660.71 through 660.74; and, (4) a 

requirement that vessels use selective 

flatfish trawl, a type of small footrope 

trawl gear, shoreward of the trawl RCA 

and north of 40°10′ North (N) latitude. 

In 2011, NMFS implemented 

Amendments 20 and 21 to the Pacific 

Coast Groundfish Fishery Management 

Plan (PCGFMP), which established the 

Trawl Rationalization Program. The 

Trawl Rationalization Program, a type of 

catch share program, replaced trip and 

landing limits with fixed allocations for 

limited entry trawl participants, through 

an individual fishing quota (IFQ) 

management system. To allow managers 

to accurately account for catch against 

IFQ, the program increased at-sea and 

shoreside monitoring to 100 percent of 

trips and landings for groundfish bottom 

and midwater trawl vessels. This 

management system, which increased 

individual vessel accountability, 

successfully reduced bycatch of target 

and non-target rockfish in the trawl 

fishery. Since implementation of the 

Trawl Rationalization Program, five of 

the seven previously overfished rockfish 

species are now rebuilt. 

Building on the successes of the 

Trawl Rationalization Program at 

reducing discards, NMFS and the 

Pacific Fishery Management Council 

(Council) began working with industry 

members on several fishery management 

actions, known as Program 

Improvements or Enhancements (PIE) 

trailing actions. The PIE trailing actions 

included identifying regulations that 

limit the use and configuration of 

groundfish bottom and midwater trawl 

gears, and may no longer be necessary 

because the Trawl Rationalization 

Program effectively limits target and 

non-target species bycatch. 

In March 2011, groundfish industry 

members, through the Council’s 

Groundfish Advisory Sub-Panel (GAP), 

requested that the Council eliminate 

and revise various regulations related to 

mesh size and requirements to use fourseam trawl shoreward of the trawl RCA. 

To address the GAP’s recommendations, 

the Council formed an ad hoc 

committee to identify specific 

regulations that, if revised or 

eliminated, would allow fishermen to 

increase the efficiency of their fishing 

strategy as the Council had intended 

when they recommended 

implementation of the Trawl 

Rationalization Program. The Council 

authorized the appointment of the new 

ad hoc committee, the Trawl 

Rationalization Regulatory Evaluation 

Committee (TRREC), at its April 2011 

meeting. 

The TRREC held a meeting during the 

summer of 2011. At the Council’s 

November meeting that year, the TRREC 

recommended the Council consider, as 

part of the PIE trailing actions, revising 

regulations to: (1) Allow multiple gear 

(trawl gears and fixed gear) use and 

possession seaward and shoreward of 

the trawl RCA; (2) remove restrictions 

on chafing gear for midwater trawl gear; 

and, (3) eliminate codend, mesh size, 

and selective flatfish trawl gear 

requirements and restrictions. The 

TRREC prioritized these three measures 

over others, but also recommended the 

Council consider revising additional 

regulations they felt were unnecessary 

and costly, including the prohibition on 

fishing more than one individual fishing 

quota (IFQ) management area and the 

definitions of large and small footropes. 

In March 2012, the Council adopted 

preliminary preferred alternatives for 

most of the gear measures under the PIE 

trailing actions; adopted its preferred 

alternative for chafing gear requirements 

for midwater trawl gear and put this 

action on a fast track for 

implementation; and, authorized a oneday public workshop of the Council’s 

Enforcement Consultants (EC), GAP, 

and Groundfish Management Team 

(GMT) to discuss and make 

recommendations on the remaining gear 

related measures. Further discussion on 

gear measures were delayed until results 

of the gear workshop were presented to 

the Council. 

The purpose of the gear workshop, 

which took place August 29–30, 2012, 

in Portland, Oregon, included scoping 

of various gear restriction measures that 

had been recommended to the Council 

by the TRREC and providing 

recommendations for how the Council 

can move forward. The gear workshop 

report was presented to the Council at 

its November 2012 meeting and made 

similar recommendations to those in the 

TRREC report, including (1) allowing 

the use of multiple gears (trawl and 

fixed gear) on the same trip; (2) a 

reduction in the minimum mesh size for 

groundfish bottom trawl gear; (3) 

eliminating the selective flatfish trawl 

gear requirement; and (4) allowing 

vessels in the IFQ Program to move 

fixed gear across management lines. 

Additionally, the report included a 

recommendation to allow year-round 

use of midwater gear within and outside 

the trawl RCA north of 40°10′ North (N) 

latitude. 

The Council next took action on these 

measures in September 2015. At the 

time, the Council adopted the purpose 

and need statement, a rulemaking 

schedule, and the range of alternatives, 

along with some additional alternatives 

and measures suggested by the GAP. 

These new measures included changing 

how mesh size is defined so that 

regulations would allow for the 

enforcement of both knotted and 

knotless webbing; allowing vessels 

fishing under the Shorebased IFQ 

Program to fish across IFQ management 

lines; allowing whiting fishing with any 

type of trawl gear; allowing a tow to be 

brought onboard before previous catch 

is stowed; and, the option to further 

review and revise additional 

requirements in regulations at § 660.130 

which provides trawl gear requirements 

and restrictions. After Council and 

NMFS staff reviewed that section of the 

regulations, further measures were 

added to the list of potential gear 

changes, including eliminating codend 

restrictions. Several other possible 

measures were not forwarded at the 

time due to potential for delays in 

implementation. The Council scheduled 

final action on the suite of measures for 

March 2016. 

On March 3, 2016 (81 FR 11189), 

NMFS published a notice of intent 

(NOI) to prepare an environmental 

impact statement (EIS) to consider 

revisions to the regulations for 

groundfish bottom and midwater trawl 

gear used by vessels under the Trawl 

Rationalization Program. The Council 

conducted an additional scoping during 

its March 2016 meeting to gather public 

comments on the proposed regulations. 

Based on discussions at the meetings 

and public comments on the NOI, the 

Council selected their final preferred 

alternatives for all of the proposed 

measures at its March 2016 meeting, 

except the restriction on fishing across 

IFQ management lines. The Council 

delayed its decision on management 

lines, and selected its final preferred 

alternative at the June 2016 Council 

meeting. Detailed information, 

including the supporting documentation 

the Council considered at each meeting, 

is available at the Council’s website, 

www.pcouncil.org. 

After the Council selected final 

recommendations on the proposed 

measures in March and June 2016, 

NMFS completed extensive analyses on 

the measures, including an Endangered 

Species Act section 7 consultation on 

the impacts of the PCGFMP on listed 

salmon stocks. These analyses 

supported NMFS’ determination that 

the impacts of implementing the 

proposed measures would likely not be 

significant and, therefore, there was no 

need to complete an EIS. Instead NMFS 

completed an integrated analysis that 

included an EA. On June 8, 2018, NMFS 

published a notice to withdraw 

preparation of the EIS (83 FR 26640). A 


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copy of the draft EA and supporting 

documents are available from NMFS 

(see ADDRESSES). 

II. Summary of the Proposed 

Regulations 

If implemented, the proposed 

regulations would provide flexibility to 

groundfish bottom and midwater trawl 

vessels fishing under the Trawl 

Rationalization Program in how they 

may use and configure their gear, and 

operate on fishing trips. This flexibility 

is expected to foster innovation and 

allow for more optimal harvest 

operations for the groundfish fleet. 

The Council deemed the proposed 

regulations consistent with and 

necessary to implement this action in an 

August 14, 2018, letter from Council 

Executive Director, Chuck Tracy, to 

Regional Administrator Barry Thom. 

Under the Magnuson-Stevens Fishery 

Conservation and Management Act 

(Magnuson-Stevens Act), NMFS is 

required to publish proposed rules for 

comment after preliminarily 

determining whether they are consistent 

with applicable law. We are seeking 

comment on the proposed regulations in 

this action and whether they are 

consistent with the PCGFMP, the 

Magnuson-Stevens Act and its National 

Standards, and other applicable law. 

The discussion in this proposed rule 

and in the EA/RIR/RFA (See ADDRESSES) 

groups several related measures to 

reduce redundancy and to consider the 

collective impacts of similar proposed 

regulations. Through this action, the 

Council proposes to: 

• Adjust a suite of restrictions related 

to how nets are configured, including 

eliminating minimum mesh size 

restrictions, changing the definition of 

mesh size, removing chafing gear 

placement restrictions, and removing 

restrictions on using double-walled 

codends from groundfish bottom and 

midwater trawl vessels fishing under 

the Trawl Rationalization Program; 

• Remove the requirement to use 

selective flatfish trawl gear north of 40° 

10′ N lat. and shoreward of the trawl 

RCA; 

• Adjust a number of provisions 

related to vessel operations on a single 

fishing trip, including allowing vessels 

that fish in the Shorebased IFQ Program 

under the Trawl Rationalization 

Program to carry and fish groundfish 

bottom and midwater trawl gears on the 

same trip, fish across IFQ management 

lines, and bring a new haul on deck 

before the catch from a previous haul is 

stowed. 

A. Proposed Regulations for Net 

Configurations 

This section discusses the proposed 

regulations that would remove some 

minimum mesh size restrictions, revise 

the definition of mesh size, remove 

chafing gear placement restrictions, and 

remove the prohibition on using doublewalled codends for groundfish bottom 

and midwater trawl vessels fishing 

under the Trawl Rationalization 

Program. These measures all relate to 

net configuration, and all affect the 

mesh size for trawl nets. Because 

changing any of these restrictions could 

result in similar impacts, the analysis 

supporting this proposed rule considers 

both the individual and collective 

impacts of all of the measures. Below is 

a short description of each of the 

proposed regulations followed by a 

summary of the potential impacts of 

each of these measures combined. 

1. Eliminate Minimum Mesh Size 

Restriction 

Mesh size is the opening between 

opposing knots in a fishing net, and 

minimum mesh size is the smallest 

distance allowed from the inside of one 

knot to the inside of the opposing knot. 

Currently, vessels fishing with 

groundfish trawl gear, including chafing 

gear, must use nets with a minimum 

mesh size greater than or equal to 4.5 

inches (11.4 cm) for bottom trawl, and 

greater than or equal to 3.0 inches (7.6 

cm) for midwater trawl gears. These 

regulations were first implemented in 

the 1990s to reduce fishing mortality for 

smaller fish, thus increasing survival to 

maturity. Increasing size selectivity 

through minimum mesh size restrictions 

was also expected to reduce bycatch of 

non-target species. 

Midwater trawl gear must be 

constructed so that the first 20 feet (6.51 

m) immediately behind the footrope or 

head-rope is constructed with bare 

ropes or mesh with a minimum size of 

16 inches (40.64 cm). Also implemented 

in the 1990s, this restriction makes 

midwater trawl gear impractical or 

ineffective at capturing fish when in 

contact with the seafloor, which ensures 

that vessels do not make bottom contact 

with midwater trawl gear. 

This action would remove both the 

4.5 in (11.4 cm) minimum mesh size 

requirement for groundfish bottom trawl 

gear and the 3.0 in (7.6 cm) minimum 

mesh size requirement for midwater 

trawl. The Council did not recommend 

revising the current restriction on the 

minimum mesh size restriction for the 

first 20 feet (6.51 m) behind the footrope 

or head-rope for midwater trawl gears. 

This requirement is essential to the 

definition of midwater trawl gear. 

Under the proposed regulations, it is 

not anticipated that groundfish bottom 

or midwater trawl vessel operators 

would significantly reduce their mesh 

size, throughout their codend, 

intermediate, and/or body of the trawl 

to create less selective fishing gear 

because this may increase the catch of 

undersized IFQ species or other 

unwanted species, decrease the 

efficiency of the trawl, and increase fuel 

consumption. Some groundfish bottom 

trawlers may use smaller meshes closer 

to the 3.0 in (7.6 cm) minimum allowed 

for midwater trawl to reduce gilling of 

species like widow rockfish and 

yellowtail rockfish. But there does not 

currently appear to be a need for 

midwater trawl vessel operators to 

reduce their minimum mesh size 

through their trawl gear lower than the 

requirement, even though they would be 

allowed to do so under the proposed 

regulatory changes, because the current 

3.0 in (7.6 cm) minimum mesh size 

requirement is sufficient for preventing 

excessive gilling of midwater species 

(e.g., widow and yellowtail rockfish) 

while maintaining high catch rates. 

The proposed regulations would 

likely provide vessel operators with the 

flexibility to configure their gear to 

enable efficient catch of target species, 

including the strategic use of smaller 

mesh sizes to facilitate the use or 

construction of excluder devices (e.g., 

flexible grates), the use of smaller 

meshes to herd or guide fish through the 

net and reduce gilling, and to reinforce 

the net where the excluder or guiding 

panels are attached to reduce wear on 

the net meshes. 

2. Revise the Definition of Mesh Size 

In addition to revising minimum 

mesh size restrictions for bottom and 

midwater trawl gear, this action updates 

the definition for measuring minimum 

mesh size to include knotless nets, as 

well as redefining the approach for 

measuring mesh size as the opening 

between opposing corners. These 

changes to the definition for mesh size 

are necessary because most vessels 

today use knotless trawl gear. Revising 

the definition of mesh size would allow 

NMFS Office of Law Enforcement (OLE) 

to enforce current mesh size 

requirements for nets that do not have 

knots. Additionally, removing the 

minimum mesh size requirements 

would reduce minor enforcement 

violations that occur when net 

shrinkage reduces mesh size below legal 

limits. 

Even if the minimum mesh size 

requirement is eliminated, as discussed 


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under Section A.1. above, this revision 

to the definition of mesh size would still 

be necessary because vessels using 

midwater trawl nets will still be 

required to adhere to minimum mesh 

size requirements for the first 20 feet 

(6.51 m) behind the footrope or headrope. 

3. Eliminate the Prohibition on DoubleWalled Codends 

The current groundfish regulations 

prohibit double-walled codends on any 

trawl gear, and prohibits vessel 

operators from outfitting nets with 

chafing gear to effectively create a 

double-walled codend. Double-walled 

codend is defined in regulation as a 

codend constructed of two walls or 

layers of webbing. The prohibition was 

originally implemented in 1992 to 

prevent vessel operators from using 

double-walled codends to effectively 

reduce their mesh size below the 

minimum size requirements, which 

would have prevented undersized 

species from escaping the net, and 

resulted in more discards. 

The Council recommended and 

NMFS proposes eliminating the 

restrictions that prohibit groundfish 

bottom and midwater trawl vessels from 

using double-walled codends. This 

proposed regulations could provide 

flexibility necessary to reinforce 

webbing in certain areas of the trawl net 

that could facilitate escapement of fish 

through escape panels (e.g., reinforced 

webbing to attach ramps, funnels, or 

other selective devices to codend or 

intermediate meshes) and to prevent 

abrasion of the net from various trawl 

components, such as restraining straps. 

This revision could also result in 

escapement of smaller fish by reducing 

the effective mesh size of the codend 

and herd fish through the net, and 

increase net protection by ‘‘armoring’’ 

the trawl. 

4. Eliminate Restrictions on the Use of 

Chafing Gear 

The November 2011 TRREC report 

also suggested eliminating restrictions 

on the use of chafing gear. The 

groundfish regulations define chafing 

gear as a webbing or other material that 

attaches to the codend to protect trawl 

nets from wear and damage from bottom 

contact and contact with the vessels 

during net retrieval. Regulations 

implemented in the 1990s required 

chafing gear with large meshes be 

fastened to allow escapement of small 

fish through mesh openings (57 FR 

12212, April 9, 1992). These regulations 

were intended to prevent vessel 

operators from using chafing gear to 

create double-walled codends or 

effectively reducing the mesh size below 

the minimum mesh size restrictions. 

Over the past 30 years, NMFS 

implemented several proposed 

regulations to expand the use of chafing 

gear to protect trawl nets to better align 

with regulations off Alaska. 

The current regulations allow vessels 

to configure chafing gear to encircle no 

more than 50 percent of a bottom trawl 

net’s circumference. Chafing gear on 

bottom trawls may be used only on the 

last 50 meshes, issued from the terminal 

(closed) end of the codend. Only the 

front edge (edge closest to the open end 

of the codend) and sides of each section 

of chafing gear may be attached to the 

codend. With the exception of the 

corners, the terminal edge (edge closest 

to the closed end of the codend) of each 

section of chafing gear must not be 

attached to the net. Chafing gear must be 

attached outside any riblines and 

restraining straps. 

For midwater trawl, current 

regulations allow that chafing gear may 

cover the bottom and sides of the 

codend in either one or more sections. 

Only the front edge (edge closest to the 

open end of the codend) and sides of 

each section of chafing gear may be 

attached to the codend; except at the 

corners, the terminal edge (edge closest 

to the closed end of the codend) of each 

section of chafing gear must not be 

attached to the net. Chafing gear is not 

permitted on the top codend panel on 

midwater trawl gear except for a band 

of mesh (a ‘‘skirt’’) may encircle the net 

under or over transfer cables, lifting or 

splitting straps (chokers), riblines, and 

restraining straps, but must be the same 

mesh size and coincide knot-to-knot 

with the net to which it is attached and 

be no wider than 16 meshes. 

NMFS proposes removing all 

restrictions in regulations on the use of 

chafing gear for groundfish bottom trawl 

and midwater trawl gear. Removing 

these restrictions would allow vessel 

operator flexibility in how they use 

chafing gear to protect nets and codends 

and how they fish relative to the 

seafloor. It is anticipated that under the 

proposed regulations, vessel operators 

would use chafing gear strategically to 

provide protection in areas where the 

net can be susceptible to wear. This will 

allow vessels to extend the life of their 

nets and ultimately reduce operational 

costs. 

It is not anticipated that vessel 

operators would attach large sections of 

chafing gear to these additional sections 

for added net protection, because doing 

so would increase the drag on the net, 

which could increase fuel consumption 

and reduce fishing efficiency. In 

addition, it would likely provide no 

additional protection from bottom 

contact, because the top of the net and 

tapered portion of the net in front of the 

codend rarely contact the seabed. Wear 

patterns on midwater trawl nets indicate 

that when bottom contact occurs, it 

typically occurs at the very end of the 

codend, which can already be protected 

by chafing gear under the current 

regulations. The ability of vessels to fish 

in more rocky habitat has more to do 

with the size of the footrope than the 

chafing gear protections, and vessels 

operators would still be required to 

abide by the small footrope requirement 

shoreward of the trawl RCA. Therefore, 

limiting their ability to fish in high 

relief areas regardless of chafing gear 

requirements. 

This change is not expected to result 

in increased catch of undersized or nontarget fish. Attaching more chafing gear 

than necessary to protect the net could 

also limit the flow within the net, which 

is needed to allow for adequate 

escapement of undersized fish, if 

meshes are blocked. Researchers have 

also shown there is no detectable 

difference in selectivity between 

codends with and without top-side 

chafing gear if the chafing gear consists 

of larger meshes than the codend mesh 

size (e.g., 2 times larger) and if the 

chafing gear is attached to the codend 

loosely (i.e., to allow space between the 

top-side chafing gear and the codend 

meshes). For those species that escape 

through the top meshes of codends and 

intermediates, properly hung top-side 

chafing gear with large meshes may not 

block or mask codend meshes and 

therefore may not measurably impede 

escapement. 

This change is not expected to 

substantially alter gear contact with the 

bottom. Numerous disincentives already 

exist for midwater vessel operators to 

fish close to the substrate. These 

disincentives include: (a) Risk of 

damage to the net from snagging or 

hanging on hard bottom would not be 

lessened by increases in chafing gear 

coverage; (b) reduced gear efficiency 

and increased operating costs when 

bottom contact occurs; and (c) bare 

footropes, sweeps, and 16 in (40.64 cm) 

mesh size restriction for the first 20 ft 

(6.1 m) on the front of the net make the 

gear impractical or ineffective for 

fishing hard on the bottom (soft or hard 

bottom). 

5. Summary of Potential Impacts From 

Proposed Regulations for Net 

Configuration 

Eliminating restrictions on groundfish 

bottom and midwater trawl net 

configuration would allow vessels to 

experiment with different mesh sizes, 


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45400 Federal Register / Vol. 83, No. 174 / Friday, September 7, 2018 / Proposed Rules 

chafing gear placement, and use of 

double-walled codends. Each of these 

proposed regulations individually, and 

collectively, could result in potential 

negative impacts to the physical and 

biological environments. However, in 

most instances, these impacts are 

mitigated through incentives and 

disincentives built into the Trawl 

Rationalization Program. Additionally, 

many of the proposed regulations would 

have a positive impact on harvesters, 

processors, and the communities they 

support. 

Proposed regulations which could 

result in a reduction in mesh sizes used 

and increased net protections could 

increase bottom trawl effort targeting 

semi-pelagic rockfish species or 

longspine thornyhead, and therefore 

result in some redistribution of effort or 

a shift of effort to deeper waters. These 

shifts in effort are not anticipated to 

result in additional impacts to the 

physical environment beyond what 

already occurs under the current 

regulations. The proposed regulations 

do not open any new areas to trawling. 

Any redistribution of effort would not 

be expected to impact any new habitats 

which are not already fished with trawl 

gear. Other restrictions on net 

configurations, such as the smallfootrope requirement shoreward of the 

trawl RCA, haven been shown to be very 

effective in limiting effort in high relief 

areas. Vessel operators would still be at 

risk of damage to their nets and hangups from entering into high relief 

habitats, even with the ability to provide 

additional chafing gear or codend 

protections, which do not provide any 

protection to the ropes. 

Increasing net protections which 

result in extensively armoring the trawl 

and reducing mesh sizes is also unlikely 

for many reasons, including: (a) 

Increased drag and decreased flow; (b) 

increased expense while hauling due to 

increased fuel consumption; (c) 

increased expense to purchase smaller 

mesh, additional chafing gear, and 

double-walled nets; and (d) increased 

retention of undersized and 

unmarketable fish. It is important to 

note that increased drag may not only 

increase fuel consumption, but also may 

reduce fishing efficiency, such as 

reducing door spread of the trawl net. 

If vessels make mesh size, chafing 

gear, or double-walled codend changes 

throughout the codend and/or 

intermediate net in a manner that 

reduces trawl gear selectivity, then 

catches of undersized or unwanted 

groundfish could increase. However, the 

Trawl Rationalization Program creates a 

strong disincentive for vessel operators 

to avoid the catch of undersized, 

unmarketable groundfish. Catching 

more small fish is not economically 

advantageous to vessel operators. 

Although most undersized fish are 

unmarketable, vessels operators must 

still account for the catching of 

undersized fish with individual quota 

pounds. Vessel operators must debit 

each pound of unmarketable, 

undersized fish caught from their total 

allocation for that species, which means 

they must forgo the opportunity to use 

their allocation for marketable catch. 

For this reason, catching unmarketable, 

undersized fish has the potential to 

reduce vessel revenue, as well as add 

sorting time (workload), for the vessel’s 

crew and processor’s employees. 

Revisions to the restrictions on net 

configurations could have a positive 

impact on harvesters by allowing vessel 

operators to configure their nets in the 

most efficient way possible, including 

the opportunity to experiment with 

excluders and various combinations of 

mesh size and mesh shape (square or T– 

90 mesh) that could reduce bycatch 

while simultaneously improving the 

sustainability of the fishery and 

increasing the likelihood of attainment. 

Vessel operators have repeatedly 

testified to the Council that they desire 

more flexibility to experiment with 

trawl gear to reduce catch of unwanted 

species and increase catch of marketable 

fish. This may ultimately result in 

improved quality and consistency of 

product to first receivers and processors 

over time. Vessel operators would also 

benefit from the reduced complexity of 

the regulations by removing additional 

restrictions that they were subject to 

previously. This could save time and 

effort for vessel operators and ultimately 

reduce operational costs as vessel 

operators would no longer need to 

ensure compliance with these 

regulations. 

Eliminating restrictions on mesh size 

will also likely reduce enforcement 

costs. Although enforcement of the 

remaining mesh size restriction on 

midwater trawl gear would still be 

required, enforcement of the other 

restrictions would be removed. 

B. Eliminate the Requirement To Use 

Selective Flatfish Trawl Shoreward of 

the RCA and North of 42 N Latitude 

Selective flatfish trawl is a type of 

small footrope trawl developed to 

maintain a nearshore flatfish trawl 

fishery while reducing the non-target 

catch of canary rockfish and other 

overfished rockfish species. The 

selective flatfish trawl features a 

headrope set back from a flattened net 

body to capture low-swimming flatfish 

while allowing rockfish, particularly 

canary rockfish, to escape over the 

upper edge of the trawl net. Along with 

the elimination of the codend, chafing 

gear, and mesh size provisions, the 2011 

TRREC report suggested the Council 

consider eliminating the selective 

flatfish trawl gear requirement and 

replace them with a small footrope 

requirement, as well as revising the 

definition of selective flatfish trawl to 

allow for four-seam nets. Similar to the 

adjustments discussed above in Section 

A., the TRREC pointed to the Trawl 

Rationalization Program to support this 

regulatory change. 

The current regulations define 

selective flatfish trawl as a two-seamed 

net with no more than two riblines, 

excluding the codend. The breastline 

may not be longer than 3 feet (0.92 m). 

There may be no floats along the center 

third of the headrope or attached to the 

top panel except on the riblines. The 

footrope must be less than 105 feet 

(32.26 m). The headrope must be no less 

than 30 percent longer than the 

footrope. The headrope is issued along 

the length of the headrope from the 

outside edge to the opposite outside 

edge. 

Since 2005, the groundfish 

regulations have required the use of 

selective flatfish trawl gear shoreward of 

the trawl RCA north of 40°10′ N 

latitude. The regulations further 

prohibit vessels fishing north of 40°10′ 

N latitude from having small footrope 

trawl gear on board, other than selective 

flatfish trawl gear, while fishing 

shoreward of the trawl RCA. Vessels are 

allowed, but not required, to use 

selective flatfish trawl gear shoreward of 

the trawl RCA south of 40°10′ N 

latitude, and seaward of the trawl RCA 

coastwide. 

This rule proposes revising the 

definition of selective flatfish trawl gear 

to allow either a two-seam or a fourseam net with up to four riblines, while 

retaining all the other existing 

restrictions related to the configuration 

of this gear. In addition, the Council 

proposed eliminating the requirement 

that vessels use selective flatfish trawl 

gear shoreward of the trawl RCA north 

of 40°10′ N latitude. Instead, groundfish 

bottom trawl vessels would be allowed 

to use any small footrope trawl gear 

shoreward of the trawl RCA north and 

south of 40°10′ N latitude. Large 

footrope trawl gear would still be 

prohibited in this area. 

Revising the definition of selective 

flatfish trawl to allow for a four-seam 

net could potentially provide for better 

flow and improved selectivity compared 

to a two-seam net. A four-seam net has 

more open meshes for smaller fish to 

escape. In addition, studies have 


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demonstrated that improved flow 

within nets improves fishing efficiency, 

which may increase catch of marketable 

target and non-target groundfish (e.g., 

widow rockfish, yellowtail rockfish, and 

Pacific cod), and reduce bycatch of 

small or unmarketable groundfish (e.g., 

undersized redstripe rockfish, rosethorn 

rockfish, sand dabs). 

Eliminating the requirement to use 

selective flatfish trawl gear north of 

40°10′ N. latitude could result in a shift 

in bottom trawl effort shoreward of the 

trawl RCA north of 40°10′ N. latitude 

and increased catch of selected pelagic 

or semi-pelagic groundfish species (e.g., 

widow and canary rockfish) over the 

continental shelf. The shift in fishing 

effort away from the area seaward of the 

trawl RCA, is most likely to occur prior 

to May 15th when midwater trawling is 

prohibited. Any increased catch would 

be expected to remain within the 

current annual catch limits for target 

and non-target groundfish, and nongroundfish stocks. Furthermore, 

increased efficiency (e.g., more open 

meshes due to use of four-seam trawl, 

improved flow, catch of larger rockfish 

and roundfish, and improved function 

of selective devices) may lead to some 

reduction in overall bottom trawling 

effort, an increase catch of larger 

marketable fish, and a decrease catch of 

small unwanted species. 

During development of the proposed 

action for the 2017 Salmon Biological 

Opinion, the Council considered several 

analyses that discussed the potential 

impacts that the future fishery, 

including possible impacts from the 

elimination of the selective flatfish trawl 

gear requirement, may have on the 

incidental take of Chinook salmon in 

the Pacific Coast’s groundfish trawl 

fishery. NMFS presented an analysis at 

the April 2017 Council meeting, under 

the 2017 Salmon Biological Opinion 

agenda item, that suggested that removal 

of this requirement could dramatically 

increase the incidental take of Chinook 

salmon north of 40°10′ N. latitude. At 

the time, the data that were used 

suggested this gear requirement is 

driving the differences in bycatch rates. 

However, that analysis acknowledged 

numerous caveats associated with 

comparing bycatch rates between 

different periods of time (i.e. now vs. 20 

years ago) and uncertainty as to how 

this information could be applied to 

today’s fishery. 

To gather data about the potential 

impacts of changing the existing 

selective flatfish trawl gear requirement 

for today’s fishery, NMFS issued two 

EFPs for the 2017 and 2018 groundfish 

fishing years that, among other 

measures, exempted vessels from the 

selective flatfish trawl gear requirement. 

At its March 2017 and March 2018 

meetings, during development of the 

2017 and 2018 Trawl Gear EFPs, the 

Council twice considered and rejected 

including the area shoreward of the 

trawl RCA between 42° N latitude and 

40°10′ N latitude in the exemption to 

the selective flatfish trawl gear 

requirement due to concerns over 

potential impacts to Chinook salmon. 

NMFS ultimately permitted more than 

40 vessels to participate in the two 

EFPs. These vessels have completed 

more than 200 EFP trips. Based on the 

analysis of this new information, 

changes that have occurred within the 

fishery over the past several year, and 

the analysis in the December 2017 

biological opinion, NMFS has 

determined that Chinook salmon 

bycatch is unlikely to increase in the 

area north of 42° N latitude (the 

southern boundary of the 2017 and 2018 

Trawl Gear EFPs) on a scale shown in 

the report NMFS presented April 2017. 

Potential impacts to Chinook salmon 

in the area between 42° N latitude and 

40°10′ N latitude are less certain. The 

December 2017 biological opinion on 

salmon bycatch in the Pacific Coast 

Groundfish Fishery discussed that 

significant uncertainty exists in the 

magnitude of impacts, especially the 

species-level impacts, for fisheries in 

locations or time periods outside the 

available data. Areas south of 42° N 

latitude, particularly between January 

and early May (outside the Pacific 

primary whiting season), have 

particularly limited information because 

most fishing tends to take place north of 

42° N latitude due to other restrictions 

(i.e. federal prohibition on whiting 

processing south of 42° N lat.). 

In addition to concerns about the 

uncertainty in Chinook salmon bycatch 

in the groundfish fishery in the area 

between 42° N. latitude and 40°10′ N 

latitude, NMFS has made the 

preliminary determination that the 

proposed changes to the selective 

flatfish trawl gear requirement 

shoreward of the trawl RCA between 42° 

N latitude and 40°10′ N latitude may be 

out of compliance with the terms and 

conditions of the December 2017 

Salmon Incidental Take Statement. 

Term and Condition 4b requires that 

‘‘prior to allowing additional nonwhiting trawling south 42° N latitude, 

NMFS will implement one or more EFPs 

designed to collect information about 

Chinook and coho bycatch levels and 

stock composition from fishing in those 

areas or at those times for a minimum 

of three years.’’ 

Based on these concerns and the 

information presented at the Council 

meetings and while developing this 

rule, NMFS is specifically asking for 

public comment on the elimination of 

the requirement to use selective flatfish 

trawl gear in the area between 42° N 

latitude and 40°10′ N latitude. 

C. Proposed Regulations for Vessel 

Operations 

This section discusses the three 

proposed regulations that relate to 

vessel operations on a single fishing 

trip, including allowing vessels that fish 

in the Shorebased IFQ Program under 

the Trawl Rationalization Program to 

carry and fish groundfish bottom and 

midwater trawl gears on the same trip, 

fish across IFQ management lines, and 

bring a new haul on deck before the 

catch from a previous haul is stowed. 

These three measures are discussed 

together because they could have 

similar impacts on vessel operations 

and catch accounting. Below is a short 

description of each of the proposed 

regulations followed by a summary of 

the potential impacts of each of these 

measures combined. 

1. Eliminate the Prohibition on Multiple 

Types of Groundfish Trawl Gears 

Carried and Fished on the Same Trip 

The GMT suggested the use of 

multiple fishing gears on a single trip 

under the Shorebased IFQ Program to 

the Council at its November 2011 

meeting. The current restrictions on the 

use of multiple fishing gears during a 

single trip under the IFQ Program are 

complex, with different sections of the 

regulations allowing vessels to carry 

different gear combinations in different 

parts of the EEZ. For example, the 

regulations prohibit vessels from using 

multiple types of bottom trawl gear 

during a single trip when fishing 

seaward or shoreward of the trawl RCA 

south of 40°10′ N latitude. However, the 

regulations do not include a similar 

prohibition for the area north of 40°10′ 

N latitude, where vessels may fish with 

multiple types of trawl gear seaward of 

the trawl RCA. The GMT suggested that 

simplifying the regulations to allow 

vessels to carry and fish with multiple 

types of gear on the same trip could 

improve economic efficiency and 

improve safety at sea by reducing the 

number of trips and days at sea. 

Regulations define the following trawl 

gear types: Large footrope trawl, small 

footrope trawl, selective flatfish trawl, 

and midwater trawl. North of 40°10′ N 

latitude, a vessel may not have both 

groundfish trawl gear and nongroundfish trawl gear on board 

simultaneously, or have multiple trawl 

gear types (groundfish bottom or 

midwater trawl gear) on board 


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simultaneously. A vessel may, however, 

have more than one type of limited 

entry bottom trawl gear on board 

(selective flatfish trawl or small footrope 

trawl gear), either simultaneously or 

successively, during a trip limit period, 

with one exception. Only a selective 

flatfish trawl is allowed onboard when 

fishing shoreward of the trawl RCA 

(§ 660.130(c)(2)). Finally, a vessel may 

have more than one type of midwater 

groundfish trawl gear on board, either 

simultaneously or successively, during a 

cumulative period. South of 40°10′ N 

latitude, a vessel may not have both 

groundfish trawl gear and nongroundfish trawl gear on board 

simultaneously, may not have both 

bottom trawl gear and midwater trawl 

gear on board simultaneously, and may 

not have small footrope trawl gear and 

any other type of bottom trawl gear on 

board simultaneously. 

Limited entry trawl vessels were 

allowed to fish with multiple trawl 

gears during the same trip prior to the 

development of the trawl RCA. To 

ensure that bottom trawl gear was not 

used within trawl RCA, a new 

regulation was published in 2003 to 

allow no more than one type of trawl 

gear on board during a single fishing 

trip (68 FR 907, January 7, 2003). 

Regulations requiring vessel monitoring 

systems (VMS), paired with vessel 

declarations, became effective on 

January 1, 2004, to ensure adequate 

monitoring and to enforce these new 

gear-specific area restrictions (68 FR 

62375, November 4, 2003). Additional 

monitoring requirements implemented 

through the Trawl Rationalization 

Program and changes to when a 

declaration can be made, proposed 

through this rule, have made the 

prohibition unnecessary to achieve its 

original purpose. 

The Council recommended and 

NMFS proposes eliminating the 

prohibition on vessels carrying both 

groundfish bottom trawl gear and 

midwater trawl gear onboard 

simultaneously while fishing under the 

Shorebased IFQ Program north of 40°10′ 

N latitude, or south of 40°10′ N latitude. 

Additionally, the rule proposes 

eliminating the prohibition on having 

bottom trawl gear, other than selective 

flatfish trawl gear, on board shoreward 

of the RCA and north of 40°10′ N 

latitude. Instead, vessels would be 

allowed to have any type of bottom 

trawl (small/large footrope or selective 

flatfish trawl) and midwater trawl gear 

on board simultaneously and would be 

allowed to fish any of these trawl gears 

during a single trip as long as the 

appropriate declaration is made when 

gears are changed. Vessels would be 

required to keep and land all catch 

separately by gear type, and catch 

would be reported on electronic fish 

tickets by gear type. This rule would not 

adjust the current provision that 

requires vessels to stow any gear not 

authorized for use in the area when 

transiting through a groundfish 

conservation area. For species managed 

with trip limits, crossover provisions, 

and gear-specific trip limits, all current 

regulations would remain in effect. 

This rule would also modify 

recordkeeping and reporting 

requirements for vessels fishing in the 

Shorebased IFQ Program who choose to 

use more than one type of groundfish 

trawl gear on the same trip. These 

vessels would be required to make a 

new gear declaration from sea to 

indicate that they have chosen to fish 

with a new gear type (i.e., groundfish 

bottom trawl vs. midwater trawl). 

Currently, the regulations only allow 

vessels to declare one type of trawl gear 

at a time when fishing in the Trawl 

Rationalization Program. Vessel 

operators must declare a gear type for a 

trip prior to leaving port. Therefore, 

under the current regulations, after a 

vessel operator has submitted a gear 

declaration report to NMFS, the vessel 

cannot change activities, including 

fishing with any gear other than the gear 

type that the vessel declared at the start 

of the trip, until the vessel returns to 

port and offloads all fish. The proposed 

regulations would allow vessels 

operators in the Shorebased IFQ 

Program who choose to use multiple 

groundfish trawl gears on the same trip 

to adjust their trip declarations from sea. 

Vessel operators would need to make a 

declaration any time they switched to a 

gear other than the gear that was 

declared at the start of the fishing trip, 

to continued enforcement of closed 

areas, but they would not be required to 

return to port to make the new 

declaration. 

Allowing the use of multiple IFQ 

trawl gears on the same trip could 

potentially reduce the time at sea, 

further reducing daily fuel and observer 

coverage costs. It would also allow 

greater flexibility for harvesters while at 

sea when choosing how best to use 

quota pounds. For instance, vessels 

could choose to avoid using bottom 

trawl gear when that gear might result 

in high catch of prohibited species. 

Instead they could switch their gear 

type, and fishing strategy, to target nonwhiting midwater species complexes in 

the same area, which may have reduced 

interactions with prohibited species, by 

changing to another trawl gear type. 

Alternatively, a vessel could choose to 

target more abundant bottom trawl 

species on the same trip if it finds 

targeting non-whiting midwater species 

to be less profitable or carry increased 

risk of encountering non-target catch. 

Allowing groundfish bottom and 

midwater trawl gear to be fished on the 

same trip could have some limited 

indirect effects on stock assessments for 

target and non-target species. Because it 

is impossible for observers and vessels 

using electronic monitoring to monitor 

the hold once the catch is stored, there 

is the potential that removing the 

prohibition on multiple types of trawl 

gear could reduce the quality of stock 

assessments and economic analysis to 

some extent if the catch mingles and is 

recorded incorrectly. 

2. Eliminate the Prohibition on Bringing 

a New Haul Onboard Before All Catch 

From the Previous Haul Is Stowed 

The proposed elimination of the 

prohibition on bringing a new haul on 

board before all catch from a previous 

haul had been stowed first came to the 

Council from the GAP at the Council’s 

November 2015 during discussions of 

the range of alternatives for the trawl 

gear changes package. Under current 

regulations, vessels fishing in the 

Shorebased IFQ Program are prohibited 

from bringing a new haul on board the 

deck until all catch from the previous 

haul has been stowed. Catch cannot be 

stowed until all protocols under the 

Electronic Monitoring Program or the 

West Coast Groundfish Observer 

Program (WCGOP) have been 

completed. Additionally, the regulations 

require vessels to stow all catch from a 

haul before the new haul is brought 

onboard. These requirements were 

added to the regulations in 2011, 

through implementation of the Trawl 

Rationalization Program, to aid 

observers in carrying out their duties. 

This rule proposes eliminating the 

existing prohibition on bringing a haul 

on board before the previous haul has 

been stowed, and the requirement to 

stow all catch before catch from a new 

haul is brought on board. However, 

vessels would be required to keep 

separate catch from separate hauls until 

the observer could complete the haulspecific collection of catch for sampling. 

Vessels fishing with electronic 

monitoring would be required to keep 

catch from different hauls separate on 

deck until fully documented according 

to protocols established in the specific 

vessel’s monitoring plan. All vessels 

would still be required to land any catch 

that was caught using different gears 

separated by gear type. 

Eliminating this prohibition could 

provide some limited benefit to the 

vessels. Completely sorting and stowing 


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catch from a haul in the trawl fishery 

can take several hours. There have been 

some instances when the onboard 

observer may not require all catch to be 

removed from deck and stowed to 

successfully complete sampling duties. 

As long as catch from different hauls 

does not mingle, the vessel operator 

could bring a second haul onboard 

while the observer is completing their 

duties. 

Eliminating the prohibition on 

bringing a new haul on board could 

have some potential negative effects on 

observers if this causes vessel operators 

to pressure observers to complete their 

duties more quickly so a new haul could 

be brought onboard. Degraded observer 

data could result in indirect impacts on 

stocks if stock data is affected. The 

current regulations require that the 

observers are provided reasonable 

assistance to complete all duties, 

including providing adequate time and 

space to do so. These regulations would 

still be enforced if the prohibition on 

bringing a new haul onboard is 

eliminated. 

3. Eliminate the Prohibition on Fishing 

in Multiple IFQ Management Areas on 

the Same Tow 

There are currently four IFQ 

management areas in the regulations 

that are based on the stock information 

for select species, harvest allocations, 

and the corresponding quota shares for 

species. The IFQ management areas 

include: 

• The area between the U.S./Canada 

border and 40°10′ N latitude 

• The area between 40°10′ N latitude 

and 36° N latitude 

• The area between 36° N latitude and 

34°27′ N latitude 

• The area between 34°27′ N latitude 

and the U.S./Mexico border. 

The Council created these areas as 

part of the Trawl Rationalization 

Program to allow for different 

management measures for species or 

species groups in different IFQ 

management areas. Several IFQ species 

are tracked either as a single species 

with different quota share by area, or as 

a single species in one area and as a 

component of an assemblage in another 

area (e.g., minor shelf or slope complex 

north or south of 40°10′ N latitude). To 

address differences in management 

measures for species or species 

complexes among IFQ management 

areas, vessels have been prohibited from 

fishing in different IFQ management 

areas during the same fishing trip. 

As mentioned previously, the Council 

held a workshop in Portland, Oregon on 

August 29 and 30, 2012. The result of 

that workshop was a list of 

recommendations to the Council at its 

November 2012 meeting. One of those 

recommendations included the 

elimination of the prohibition on fishing 

across management lines for vessels 

fishing under the Shorebased IFQ 

Program. Instead, participants suggested 

allowing vessels to move across IFQ 

management lines on a single tow. 

This rule proposes eliminating the 

prohibition on fishing in multiple IFQ 

management areas on the same trip for 

vessels fishing in the Shorebased IFQ 

Program. These vessels would be 

allowed to fish in multiple IFQ 

management areas on the same trip and 

the same haul. If retaining catch from 

multiple IFQ management areas, catch 

would not need to be sorted by area. 

Catch from multiple IFQ management 

areas would be recorded on the same 

ticket. 

Based on recommendations from 

industry, this rule also proposes to 

allow vessels to fish across management 

lines in the same tow. Catch from 

vessels fishing across management lines 

would be assigned to an area and quota 

pounds would be deducted from vessel 

accounts based on the proportion of 

hauls in a given management area. For 

example, if six hauls were taken in one 

IFQ management area, and two hauls 

were taken in another management area, 

the total catch would be apportioned to 

management areas by a 6 to 2 ratio. 

The proposed regulations would 

improve flexibility for vessels when 

selecting their harvest strategies to best 

utilize their available IFQ. Vessels that 

operate near a management line would 

most likely benefit the most from 

reduced operational costs by not having 

to haul back gear and reset to start a new 

haul on the other side of the 

management area boundary line. Vessel 

towing across lines could reduce the 

number of hauls and therefore fuel costs 

and time at sea. 

The proposed regulations do increase 

the catch accounting complexity and 

could potentially reduce the accuracy of 

catch reporting. NMFS would need to 

accurately track the number of hauls in 

a given area and apply this estimation 

to total catch landing weight to 

determine the pro-rata assignment. 

Additionally, the combination of 

allowing multiple trawl gears onboard 

and fishing in multiple management 

areas creates more complexity to 

managers in assigning catches. 

4. Summary of Potential Impacts From 

Proposed Regulations for Some Vessel 

Operations 

The proposed regulations would 

change how vessels in the Shorebased 

IFQ Program may operate as they would 

be allowed to tow across IFQ 

management areas, carry and fish with 

groundfish bottom and midwater trawl 

gear, and bring a new haul on board 

before the previous haul has been 

stowed. The effect of eliminating these 

prohibitions is most directly felt by 

harvesters who would have more 

flexibility in how they operate their 

vessels. The proposed regulations are 

unlikely to increase fishing effort (i.e. 

number of trips) or cause a significant 

shift in fishing behavior. However, 

vessels may change where they fish, and 

would be expected to be more efficient 

in their fishing practices, which could 

ultimately increase effort (i.e. catch/ 

hour). These impacts are expected to be 

minimal as most vessels will likely not 

choose to carry and fish multiple gears 

on every trip. Additional impacts to the 

physical environment caused by the 

proposed regulations are not anticipated 

because these provisions do not open 

any new areas to fishing, and vessels 

will still be required to abide by all 

groundfish conservation areas. Direct 

impacts to the biological environment 

are not expected from these measures. 

Vessels in the Shorebased IFQ Program 

are required to cover all catch with 

quota pounds. Net configurations would 

not be affected by these proposed 

regulations. 

Vessel operators are expected to use 

the flexibility to create an efficient 

fishing strategy that best limits bycatch 

of non-target and protected species 

while still maximizing catch of their 

target species. Vessels would maximize 

attainment of IFQ by carrying and 

fishing with both midwater and 

groundfish bottom trawl gear on the 

same trip. According to vessel operators, 

trawl vessels average between 10 and 20 

days spent annually traveling back and 

forth to port to change gear types. If 

vessels in the Shorebased IFQ Program 

had less restrictions on how they 

operate their vessels, including carrying 

multiple types of trawl gear onboard, 

vessel operators may be able to 

eliminate most days spent traveling 

back and forth to port to change gears 

resulting in financial savings. For 

example, the mean fixed operational 

costs for non-whiting trawl vessels in 

the Trawl Rationalization Program is 

just over $5,000 per day. If these vessels 

were to eliminate 10–20 days which had 

been previously used to transit back and 

forth to port, then that would be a 

savings of between $50,000 and 

$100,000 per vessel per year. 

Vessel operators would also likely 

create efficiencies and save money if 

fishing near an IFQ management line. A 

vessel operator would not have to haul 


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back gear and reset to start a new haul 

in a new management area. Vessel 

towing across IFQ management lines 

could reduce the number of hauls and 

therefore the amount of fuel spent 

trawling and maneuvering the vessel to 

optimize harvest, potentially increasing 

attainment for the few vessels that are 

currently hampered by their inability to 

cross management lines. 

Eliminating regulations that manage 

vessel operations could also have some 

potential negative impacts to processors, 

observers, and managers. Due to the 

complexity of the sorting options for 

vessels fishing across IFQ management 

lines, processors could have difficulty 

handling deliveries, as the number of 

hauls in each area would need to be 

tracked and reported on fish tickets. 

Additional catch accounting complexity 

would also result from needing to track 

the number of hauls by management 

area. Vessels using multiple groundfish 

trawl gears on a single trip would need 

to keep all catch separated by gear type. 

However, as there are no monitors or 

cameras below deck, it would be 

impossible for shoreside monitors, first 

receivers, vessel operators, or observers 

to ensure that catch has been kept 

separate. 

A vessel observer’s ability to process 

samples would be the limiting factor for 

increased efficiency on vessels where an 

operator would like to bring a new haul 

onboard before the previous haul has 

been stowed. Catch from hauls caught 

by the same gear could not be mixed 

until the observer had taken all the 

necessary samples. Therefore, 

additional pressure on the observer to 

do their work quickly may result. This 

pressure could cause mistakes and 

ultimately degrade data quality. 

Maintaining restrictions on pressuring 

observers or catch monitors would 

ensure continued accurate monitoring 

and reporting of catch, and help 

maintain quality catch at sea and 

landing data used to manage the fishery 

in season and for stock assessments 

used to develop catch limits and harvest 

guidelines. 

III. Classification 

Pursuant to section 304(b)(1)(A) of the 

Magnuson-Stevens Act, the NMFS 

Assistant Administrator has made a 

preliminary determination that this 

proposed rule is consistent with the 

Pacific Coast Groundfish FMP, other 

provisions of the Magnuson-Stevens 

Act, and other applicable law. In 

making the final determination, NMFS 

will consider the data, views, and 

comments received during the public 

comment period. NMFS also prepared 

an environmental assessment (EA) for 

this action. Copies of the draft EA and 

other supporting documentation is 

available from NMFS (see ADDRESSES) or 

visit NMFS’s website at http://

www.westcoast.fisheries.noaa.gov/ 

fisheries/groundfish_catch_shares/ 

rules_regulations/trawl_regulations_

compliance_guides.html. 

The Office of Management and Budget 

has determined that this proposed rule 

is not significant for purposes of 

Executive Order 12866. 

This proposed rule does not contain 

policies with Federalism or ‘‘takings’’ 

implications as those terms are defined 

in E.O. 13132 and E.O. 12630, 

respectively. 

The Chief Counsel for Regulation of 

the Department of Commerce certified 

to the Chief Counsel for Advocacy of the 

Small Business Administration that this 

proposed rule, if adopted, would not 

have a significant economic impact on 

a substantial number of small entities. 

The proposed regulations for 

groundfish bottom trawl and midwater 

trawl gear would directly affect vessels 

fishing under the Pacific Coast 

Groundfish Fishery’s Trawl 

Rationalization Program. Eliminating 

restrictions on mesh size, chafing gear, 

and codend will allow vessels to 

experiment with different mesh sizes 

and net coverings, which could help 

reduce fishing operational costs and 

days on sea. Removing the requirement 

to use selective flatfish trawl gear and 

revising the definition to allow for fourseam nets will allow vessel operators to 

target recently rebuilt overfished stocks, 

such as widow and yellowtail 

rockfishes. Allowing vessels that fish in 

the Shorebased IFQ Program, a 

component of the Trawl Rationalization 

Program, to carry and fish with multiple 

groundfish trawl gears, fish across 

management lines, and bring a new haul 

onboard the vessel before the previous 

haul is stowed could help improve the 

efficiency of fishing practices. Vessels 

would not be required to return to port 

to change gears or haul back to move 

and reset on the other side of an IFQ 

management line. Vessels could spend 

less time at sea, which would reduce 

fuel and observer costs. Our analysis of 

the likely economic impacts of this 

action predicts that these regulatory 

changes will have positive impacts on 

fishing vessels, seafood processors, and 

fishing communities. 

IV. Description of Regulated Entities 

For the purposes of our Regulatory 

Flexibility Act (RFA) analysis, the 

proposed action is expected to affect 

entities that both process and harvest 

groundfish under the Trawl 

Rationalization Program. The U.S. Small 

Business Association (SBA) established 

criteria for business in the fishery sector 

to qualify as small entities. Under that 

standard, two small processing entities, 

each of which owns one groundfish 

permit, would be regulated by the 

proposed rule. Seven large entities, 

which own 30 groundfish permits, 

would be regulated by the proposed 

rule. 

For RFA purposes only, NMFS 

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 (NAICS code 11411) 

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. The 

determination as to whether the entity 

is large or small is based on the average 

annual revenue for the 3 years from 

2013 through 2015. Limited entry 

groundfish vessels are required to selfreport size across all affiliated entities. 

Of the businesses who earn the majority 

of their revenue from commercial 

fishing, one self-reported as large. This 

entity owns four groundfish permits. 

The remaining 117 entities primarily 

involved in seafood harvest selfidentified as small, and own 139 

permits. 

A total of 113 vessels harvested 

groundfish in the Trawl Rationalization 

at some point and would potentially 

benefit from some or all of the flexibility 

offered in the proposed rule. However, 

this number of entities represents the 

maximum number of affected entities. 

Not all permit owners choose to fish 

each season, therefore, not all 113 

vessels would benefit from this action 

each year. Only those vessels which are 

active vessels are the most likely to 

benefit and be directly impacted by 

regulations. 

V. Description of the Proposed 

Regulations 

The proposed regulations would 

eliminate and revise regulations that 

govern the use and configuration of 

groundfish bottom and midwater trawl 

gear fished under the Pacific Coast 

Groundfish Fishery’s Trawl 

Rationalization Program. The specific 

revisions would eliminate the minimum 

mesh size requirement for groundfish 

bottom trawl and midwater trawl gear; 

the prohibition on the use of doublewalled cod-ends; restrictions on where 

and how chafing gear can be attached to 

the trawl net; the requirement to use 


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selective flatfish trawl gear shoreward of 

the trawl RCA; the prohibition on 

carrying and using multiple types of 

groundfish trawl gear (bottom trawl and 

midwater trawl) on the same trip; the 

prohibition on fishing across individual 

fishing quota management lines on the 

same haul; and the prohibition on 

bringing a new haul onboard before all 

catch from the previous haul has been 

stowed. 

VI. Collection of Information 

Requirements 

This action contains a change to an 

information collection requirement, 

which has been approved by the Office 

of Management and Budget (OMB) 

under OMB Control Number 0648–0573: 

Expanded Vessel Monitoring System 

Requirement for the Pacific Groundfish 

Fishery. The proposed regulatory 

change, which is described above in 

section C.1 of the preamble, would 

allow vessel operators who fish in the 

Shorebased IFQ Program to make a new 

declaration from sea when a new gear 

fished on a trip. This revision would 

remove the requirement that vessels 

return to port to make a new 

declaration. The numbers of declaration 

reports the vessel operator is required to 

submit to NMFS would not change 

under this request. Therefore, no small 

entity would be subject to additional 

reporting requirements. 

Overall, the proposed regulations are 

expected to have a positive economic 

effect on small entities. The elimination 

of these regulations would alleviate 

some restrictions on how vessels fishing 

in the Trawl Rationalization may use 

and configure their gear. Eliminating 

regulations that may be constraining on 

industry members and are no longer 

needed due to the new management 

system is likely to generate additional 

groundfish gross revenues as vessels are 

able to obtain more of their quota and 

reducing their fishing operational costs. 

Allowing vessels more flexibility to 

configure their gear will also allow 

vessel operators to innovate and adapt 

to an ever changing environment. 

This action is not expected to have a 

significant economic impact on a 

substantial number of small entities. 

The effects on the regulated small 

entities identified in this analysis are 

expected to be positive. Under the 

proposed action, small entities would 

not be placed at a competitive 

disadvantage relative to large entities, 

and the regulations would not reduce 

the profits for any small entities. As a 

result, an initial regulatory flexibility 

analysis is not required, and none has 

been prepared. 

List of Subjects in 50 CFR Part 660 

Fisheries, Fishing, and Indian 

Fisheries. 

Dated: August 31, 2018. 

Samuel D. Rauch III, 

Deputy Assistant Administrator for 

Regulatory Programs, National Marine 

Fisheries Service. 

For the reasons set out in the 

preamble, 50 CFR part 660 is proposed 

to be amended as follows: 

PART 660–-FISHERIES OFF WEST 

COAST STATES 

■ 1. The authority citation for part 660 

continues to read as follows: 

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

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

■ 2. In § 660.11, amend the definition of 

‘‘Fishing gear’’ by revising paragraphs 

(7) and (11)(iii)(B) to read as follows: 

§ 660.11 General definitions. 

* * * * * 

Fishing gear includes the following 

types of gear and equipment: 

* * * * * 

(7) Mesh size means the opening 

between opposing knots, or opposing 

corners for knotless webbing. Minimum 

mesh size means the smallest distance 

allowed between the inside of one knot 

or corner to the inside of the opposing 

knot or corner, regardless of twine size. 

* * * * * 

(11) * * * 

(iii) * * * 

(B) Chafing gear means webbing or 

other material that is attached to the 

trawl net to protect the net from wear 

and abrasions either when fishing or 

hauling on deck. 

* * * * * 

■ 3. In § 660.13, revise paragraph (d) to 

read as follows: 

§ 660.13 Recordkeeping and reporting. 

* * * * * 

(d) Declaration reporting 

requirements—When the operator of a 

vessel registers a VMS unit with NMFS 

OLE, the vessel operator must provide 

NMFS with a declaration report as 

specified at paragraph (d)(4)(iv) of this 

section. The operator of any vessel that 

has already registered a VMS unit with 

NMFS OLE but has not yet made a 

declaration, as specified at paragraph 

(d)(4)(iv) of this section, must provide 

NMFS with a declaration report upon 

request from NMFS OLE. 

(1) Declaration reports for vessels 

registered to limited entry permits. The 

operator of any vessel registered to a 

limited entry permit must provide 

NMFS OLE with a declaration report, as 

specified at paragraph (d)(4)(iv) of this 

section, before the vessel leaves port on 

a trip in which the vessel is used to fish 

in U.S. ocean waters between 0 and 200 

nm offshore of Washington, Oregon, or 

California. 

(i) Limited entry trawl vessels fishing 

in the Shorebased IFQ Program must 

provide NMFS OLE with a new 

declaration report each time a different 

groundfish trawl gear (bottom or 

midwater only) is fished. The 

declaration may be made from sea and 

must be made to NMFS before a 

different type (bottom or midwater only) 

of groundfish trawl gear is fished. 

(ii) [Reserved] 

(2) Declaration reports for all vessels 

using non-groundfish trawl gear. The 

operator of any vessel that is not 

registered to a limited entry permit and 

which uses non-groundfish trawl gear to 

fish in the EEZ (3–200 nm offshore), 

must provide NMFS OLE with a 

declaration report, as specified at 

paragraph (d)(4)(iv) of this section, 

before the vessel leaves port to fish in 

the EEZ. 

(3) Declaration reports for open access 

vessels using non trawl gear (all types of 

open access gear other than nongroundfish trawl gear). The operator of 

any vessel that is not registered to a 

limited entry permit, must provide 

NMFS with a declaration report, as 

specified at paragraph (d)(4)(iv) of this 

section, before the vessel leaves port on 

a trip in which the vessel is used to take 

and retain or possess groundfish in the 

EEZ or land groundfish taken in the 

EEZ. 

(4) Declaration reports. (i) The 

operator of a vessel specified in 

paragraphs (d)(1), (d)(2), and (d)(3) of 

this section must provide a declaration 

report to NMFS OLE prior to leaving 

port on the first trip in which the vessel 

meets the requirement specified at 

§ 660.14(b) to have a VMS. 

(ii) A declaration report will be valid 

until another declaration report revising 

the existing gear or fishery declaration 

is received by NMFS OLE. The vessel 

operator must send a new declaration 

report when: 

(A) A gear type that is different from 

the gear type most recently declared for 

the vessel will be used, or 

(B) A vessel will fish in a fishery other 

than the fishery most recently declared. 

(iii) During the period of time that a 

vessel has a valid declaration report on 

file with NMFS OLE, it cannot fish with 

a gear other than a gear type declared by 

the vessel or fish in a fishery other than 

the fishery most recently declared. 

(iv) Declaration reports will include: 

The vessel name and/or identification 

number, the gear type, and the fishery 


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(as defined in paragraph (d)(4)(iv)(A) of 

this section). 

(A) One of the following gear types or 

sectors must be declared: 

(1) Limited entry fixed gear, not 

including Shorebased IFQ Program, 

(2) Limited entry groundfish nontrawl, Shorebased IFQ Program, 

(3) Limited entry midwater trawl, 

non-whiting Shorebased IFQ Program, 

(4) Limited entry midwater trawl, 

Pacific whiting Shorebased IFQ 

Program, 

(5) Limited entry midwater trawl, 

Pacific whiting catcher/processor sector, 

(6) Limited entry midwater trawl, 

Pacific whiting mothership sector 

(catcher vessel or mothership), 

(7) Limited entry bottom trawl, 

Shorebased IFQ Program, not including 

demersal trawl, 

(8) Limited entry demersal trawl, 

Shorebased IFQ Program, 

(B) [Reserved] 

(v) Upon receipt of a declaration 

report, NMFS will provide a 

confirmation code or receipt to confirm 

that a valid declaration report was 

received for the vessel. Vessel owners or 

operators are responsible for retaining 

the confirmation code or receipt to 

verify that a valid declaration report was 

filed. 

■ 4. In § 660.25, revise paragraph 

(b)(4)(vii)(C) to read as follows: 

§ 660.25 Permits. 

* * * * * 

(b) * * * 

(4) * * * 

(vii) * * * 

(C) Limited entry MS permits and 

limited entry permits with an MS/CV or 

a C/P endorsement. Limited entry MS 

permits and limited entry permits with 

an MS/CV or a C/P endorsement may be 

registered to another vessel up to two 

times during the calendar year as long 

as the second change in vessel 

registration is back to the original 

vessel. The original vessel is either the 

vessel registered to the permit as of 

January 1, or if no vessel is registered to 

the permit as of January 1, the original 

vessel is the first vessel to which the 

permit is registered after January 1. 

After the original vessel has been 

established, the first change in vessel 

registration would be to another vessel, 

but any second change in vessel 

registration must be back to the original 

vessel. For an MS/CV-endorsed permit 

on the second change in vessel 

registration back to the original vessel, 

that vessel must be used to fish 

exclusively in the MS Coop Program 

described § 660.150 for the remainder of 

the calendar year, and declare in to the 

limited entry mid water trawl, Pacific 

whiting mothership sector as specified 

at § 660.13(d)(4)(iv). 

* * * * * 

■ 5. In § 660.60, revise paragraphs (h)(7) 

introductory text, (h)(7)(i) introductory 

text, (h)(7)(ii)(A), (h)(7)(ii)(B)(1) 

introductory text, and (h)(7)(ii)(B)(2) to 

read as follows: 

§ 660.60 Specifications and management 

measures. 

* * * * * 

(h) * * * 

(7) Crossover provisions. Crossover 

provisions apply to three activities: 

Fishing on different sides of a 

management line, fishing in both the 

limited entry and open access fisheries, 

or fishing in both the Shorebased IFQ 

Program and the limited entry fixed gear 

fishery. Fishery-specific crossover 

provisions can be found in subparts D 

through F of this part. 

(i) Fishing in management areas with 

different trip limits. Trip limits for a 

species or a species group may differ in 

different management areas along the 

coast. The following crossover 

provisions apply to vessels fishing in 

different geographical areas that have 

different cumulative or ‘‘per trip’’ trip 

limits for the same species or species 

group, with the following exceptions. 

Such crossover provisions do not apply 

to: IFQ species (defined at § 660.140(c), 

subpart D) for vessels that are declared 

into the Shorebased IFQ Program (see 

§ 660.13(d)(4)(iv)(A), for valid 

Shorebased IFQ Program declarations); 

species that are subject only to daily trip 

limits; or to trip limits for black rockfish 

off Washington, as described at 

§§ 660.230(e) and 660.330(e). 

* * * * * 

(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. 

Except such provisions do not apply to 

IFQ species (defined at § 660.140(c), 

subpart D) for vessels that are declared 

into the Shorebased IFQ Program (see 

§ 660.13(d)(4)(iv)(A) for valid 

Shorebased IFQ Program declarations). 

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 limit. 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. 

(B) * * * (1) Vessel registered to a 

limited entry trawl permit. To fish with 

open access gear, defined at § 660.11, a 

vessel registered to a limited entry trawl 

permit must make the appropriate 

fishery declaration, as specified at 

§ 660.13(d)(4)(iv)(A). In addition, a 

vessel registered to a limited entry trawl 

permit must remove the permit from 

their vessel, as specified at 

§ 660.25(b)(4)(vi), unless the vessel will 

be fishing in the open access fishery 

under one of the following declarations 

specified at § 660.13(d): 

* * * * * 

(2) Vessel registered to a limited entry 

fixed gear permit(s). To fish with open 

access gear, defined at § 660.11, subpart 

C, a vessel registered to a limit entry 

fixed gear permit must make the 

appropriate open access declaration, as 

specified at § 660.13(d)(4)(iv)(A). 

Vessels registered to a sablefishendorsed permit(s) fishing in the 

sablefish primary season (described at 

§ 660.231, subpart E) may only fish with 

the gear(s) endorsed on their sablefishendorsed permit(s) against those limits. 

* * * * * 

■ 6. In § 660.112, revise paragraphs 

(b)(1)(vii), (b)(1)(xi), (b)(1)(xii)(A), (c)(4), 

and (e)(4) to read as follows: 

§ 660.112 Trawl fishery—prohibitions. 

* * * * * 

(b) * * * 

(1) * * * 

(vii) For vessels fishing with multiple 

trawl gear types on a single trip, fail to 

keep catch from different trawl gears 

separate and land the catch separately 

by gear type. 

* * * * * 

(xi) Mix catch from different hauls 

before all sampling and monitoring 

requirements for the hauls have been 

met. 

(xii) * * * 

(A) A vessel that is 75-ft (23-m) or less 

LOA that harvests Pacific whiting and, 

in addition to heading and gutting, cuts 

the tail off and freezes the whiting, is 

not considered to be a C/P vessel nor is 

it considered to be processing fish, and 

* * * * * 

(c) * * * 

(4) Catch, take, or harvest fish in the 

MS Coop Program with a vessel that 

does not have a valid VMS declaration 

for limited entry midwater trawl, Pacific 


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whiting mothership sector, as specified 

at § 660.13(d)(4)(iv)(A), subpart C. 

* * * * * 

(e) * * * 

(4) Fish in the C/P Coop Program with 

a vessel that does not have a valid VMS 

declaration for limited entry midwater 

trawl, Pacific whiting catcher/processor 

sector, as specified at 

§ 660.13(d)(4)(iv)(A). 

* * * * * 

■ 7. In § 660.113 revise paragraph (b)(3) 

to read as follows: 

§ 660.113 Trawl fishery—recordkeeping 

and reporting. 

* * * * * 

(b) * * * 

(3) Gear switching declaration. Any 

person with a limited entry trawl permit 

participating in the Shorebased IFQ 

Program using groundfish non-trawl 

gear (i.e., gear switching) must submit a 

valid gear declaration reporting such 

participation as specified in 

§ 660.13(d)(4)(iv)(A). 

* * * * * 

■ 8. In § 660.130: 

■ a. Remove paragraphs (b)(1), (b)(2), 

and (b)(3)(iii); 

■ b. Redesignate paragraphs (b)(3) and 

(b)(4) as (b)(1) and (b)(2), respectively; 

■ c. Revise the newly redesignated 

paragraphs (b)(1)(ii)(A) and (b)(2); 

■ d. Revise paragraphs (c)(1), (c)(2), 

(c)(3)(ii), (c)(4)(i)(A), (c)(4)(i)(B), 

(c)(4)(i)(D) and (E), (c)(4)(ii)(A) and (B), 

(d)(2)(ii), (e) introductory text, (e)(4)(ii), 

and (e)(4)(iv). 

The revisions read as follows: 

§ 660.130 Trawl fishery—management 

measures. 

* * * * * 

(b) * * * 

(1) * * * 

(ii) * * * 

(A) Selective flatfish trawl gear. 

Selective flatfish trawl gear is a type of 

small footrope trawl gear. The selective 

flatfish trawl net must be either a twoseamed or four-seamed net with no 

more than four riblines, excluding the 

codend. The breastline may not be 

longer than 3 ft (0.92 m) in length. There 

may be no floats along the center third 

of the headrope or attached to the top 

panel except on the riblines. The 

footrope must be less than 105 ft (32.26 

m) in length. The headrope must be not 

less than 30 percent longer than the 

footrope. The headrope shall be 

measured along the length of the 

headrope from the outside edge to the 

opposite outside edge. An explanatory 

diagram of a selective flatfish trawl net 

is provided as Figure 1 of part 660, 

subpart D. 

* * * * * 

(2) Midwater (pelagic or off-bottom) 

trawl gear. Midwater trawl gear must 

have unprotected footropes at the trawl 

mouth, and must not have rollers, 

bobbins, tires, wheels, rubber discs, or 

any similar device anywhere on any 

part of the net. The footrope of 

midwater gear may not be enlarged by 

encircling it with chains or by any other 

means. Ropes or lines running parallel 

to the footrope of midwater trawl gear 

must be bare and may not be suspended 

with chains or any other materials. 

Sweep lines, including the bottom leg of 

the bridle, must be bare. For at least 20 

ft (6.15 m) immediately behind the 

footrope or headrope, bare ropes or 

mesh of 16-inch (40.6-cm) minimum 

mesh size must completely encircle the 

net. 

(c) * * * 

(1) Fishing with large footrope trawl 

gear. It is unlawful for any vessel using 

large footrope gear to fish for groundfish 

shoreward of the RCAs defined at 

paragraph (e)(4) of this section and at 

§§ 660.70 through 660.74, subpart C. 

The use of large footrope gear is allowed 

seaward of the RCAs coastwide. 

(2) Fishing with small footrope trawl 

gear. The use of small footrope bottom 

trawl gear is allowed in all areas where 

bottom trawling is allowed. 

(i) Fishing with selective flatfish trawl 

gear. The use of selective flatfish trawl 

gear, a type of small footrope trawl gear, 

is allowed in all areas where bottom 

trawling is allowed. 

(ii) [Reserved] 

(3) * * * 

(ii) South of 40°10′ N latitude, 

midwater groundfish trawl gear is 

prohibited within and shoreward of the 

RCA boundaries (see § 660.130(e)(4)(i)) 

and allowed seaward of the RCA 

boundaries. 

(4) * * * 

(i) * * * 

(A) A vessel may not have both 

groundfish trawl gear and nongroundfish trawl gear onboard 

simultaneously. 

(B) If a vessel fishes exclusively with 

large or small footrope trawl gear during 

an entire cumulative limit period, the 

vessel is subject to the cumulative limits 

for that gear. 

* * * * * 

(D) If more than one type of 

groundfish bottom trawl gear (selective 

flatfish, large footrope, or small 

footrope) is on board, either 

simultaneously or successively, at any 

time during a cumulative limit period, 

then the most restrictive cumulative 

limit associated with the groundfish 

bottom trawl gear on board during that 

cumulative limit period applies for the 

entire cumulative limit period. 

(E) If a vessel fishes both north and 

south of 40°10′ N latitude with any type 

of small or large footrope gear onboard 

the vessel at any time during the 

cumulative limit period, the most 

restrictive trip limit associated with the 

gear on board applies for that trip and 

will count toward the cumulative limit 

for that gear (See crossover provisions at 

§ 660.60(h)(7)). 

(ii) * * * 

(A) A vessel may not have both 

groundfish trawl gear and nongroundfish trawl gear onboard 

simultaneously. 

(B) If a vessel fishes both north and 

south of 40°10′ N latitude with any type 

of small or large footrope gear onboard 

the vessel at any time during the 

cumulative limit period, the most 

restrictive cumulative limit associated 

with the gear on board would apply for 

that trip and all catch would be counted 

toward that cumulative limit (See 

crossover provisions at § 660.60(h)(7)). 

(d) * * * 

(2) * * * 

(ii) Catcher vessels. All catch must be 

sorted by the gear types declared in 

accordance with § 660.13(d), and to the 

species groups specified in paragraph 

(d)(1) of this section for vessels with 

limited entry permits, except those 

vessels retaining all catch during a 

Shorebased IFQ trip (i.e., maximized 

retention trips). The catch must not be 

discarded from the vessel and the vessel 

must not mix catch from hauls until the 

observer has sampled the catch. Catch 

separated by trawl gear type must be 

landed separately by trawl gear type. 

Prohibited species must be sorted 

according to the following species 

groups: Dungeness crab, Pacific halibut, 

Chinook salmon, other salmon. Nongroundfish species must be sorted as 

required by the state of landing. 

* * * * * 

(e) Groundfish conservation areas 

(GCAs) applicable to trawl vessels. A 

GCA, a type of closed area, is a 

geographic area defined by coordinates 

expressed in degrees of latitude and 

longitude. The latitude and longitude 

coordinates of the GCA boundaries are 

specified at §§ 660.70 through 660.74. If 

a vessel is fishing within a GCA listed 

in this paragraph (e) using trawl gear 

authorized for use within a GCA, all 

prohibited gear: must be stowed below 

deck; or, if the gear cannot readily be 

moved, must be stowed in a secured and 

covered manner detached from all 

towing lines so that it is rendered 

unusable for fishing; or, if remaining on 

deck uncovered, must be stowed 

disconnected from the trawl doors with 

the trawl doors hung from their 


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stanchions. The following GCAs apply 

to vessels participating in the limited 

entry trawl fishery. Additional closed 

areas that specifically apply to vessels 

using midwater groundfish trawl gear 

are described at § 660.131(c). 

* * * * * 

(4) * * * 

(ii) Trawl vessels may transit through 

an applicable GCA, with or without 

groundfish on board, provided all 

prohibited groundfish trawl gear: Is 

stowed below deck; or, if the gear 

cannot readily be moved, is stowed in 

a secured and covered manner detached 

from all towing lines so that it is 

rendered unusable for fishing; or, if 

remaining on deck uncovered, is stowed 

disconnected from the trawl doors with 

the trawl doors hung from their 

stanchions. These restrictions do not 

apply to vessels allowed to fish within 

the trawl RCA under paragraph (e)(4)(i) 

of this section. 

* * * * * 

(iv) If a vessel fishes in the trawl RCA 

using midwater trawl gear, it may also 

fish outside the trawl RCA with 

groundfish bottom trawl gear on the 

same trip. Nothing in these Federal 

regulations supersedes any state 

regulations that may prohibit trawling 

shoreward of the fishery management 

area (3–200 nm). 

* * * * * 

■ 9. In § 660.140, remove paragraphs 

(c)(1) and (h)(2)(viii)(I), and redesignate 

paragraph (c)(2) as (c)(1), revise newly 

redesignated paragraph (c)(1), and 

reserve paragraph (c)(2) to read as 

follows: 

§ 660.140 Shorebased IFQ Program. 

* * * * * 

(c) * * * 

(1) IFQ management areas. IFQ 

management areas are as follows: 

(i) Between the US/Canada border and 

40°10′ N lat., 

(ii) Between 40°10′ N lat. and 36° N 

lat., 

(iii) Between 36° N lat. and 34°27′ N 

lat., and 

(iv) Between 34°27′ N lat. and the US/ 

Mexico border. 

(2) [Reserved] 

* * * * * 

■ 10. Table 1 (North) and Table 1 

(South) to part 660, subpart D are 

revised to read as follows: 


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Table 1 (North) to Part 660, Subpart D -- Limited Entry Trawl Rockfish Conservation Areas and Landing Allowances for non-IFQ 

Species and Pacific Whiting North of 40°1 0' N. Lat. 

This table describes Rockfish Conservation Areas for vessels using groundfish trawl gear. This table describes incidental landing allowances 

for vessels registered to a Federal limited entry trawl permit and using groundfish trawl or groundfish non-trawl gears to harvest individual 

fishing quota (IFQ) species. 

Other Limits and Requirements Apply-- Read§ 660.10- § 660.399 before using this table 8/13/2018 

JAN-FEB I MAR-AFR I MAY-JUN I JUL-AUG I SEP-OCT I NOV-DEC 

Rockfish Conservation Area (RCA)11: 

1 North of 45°46' N. lat. 100fm line11 -150fm line11 

2 45"46' N. lat. - 40°10' N. lat. 100 fm line 11 - modified" 200 fm line 11 

Selective flatfish trawl gear is allowed shoreward of the RCA; all bottom trawl gear (large footrope, selective flatfish trawl, and small footrope trawl gear) 

is allowed seaward of the RCA Large footrope is prohibited shoreward of the RCA Midwater trawl gear is allowed for vessels targeting whiting and 

non-whiting during the days open to the primary whiting season. Vessels fishing groundfish trawl quota pounds with groundfish non-trawl 

gears, under gear switching provisions at § 660.140, are subjectto the limited entrygroundfish trawl fishery landing allowances in this 

table, regardless of the type offishing gear used. Vessels fishing groundfish trawl quota pounds with groundfish non-trawl gears, under 

gear switching provisions at§ 660.140, are subject to the limited entry fixed gear non-trawl RCA, as described in Tables 2 (North) and 2 

(South) to Part 660, Subpart E. 

See§ 660.60, § 660.130, and§ 660.140 for Pdditional Gear, Trip Limit, and Conservation Area Requirements and Restrictions. See §§ 660.70 

660.74 and§§ 660.76-660.79 for Conservation Area Descriptions and Coordinates (including RCAs, YRCA, CCAs, Farallon Islands, Cordell 

Banks, and EFHCAs). 

State trip limits and seasons may be more restrictive than federal trip limits, particularly in waters off Oregon and California. 

Minor Nearshore Rockfish & Black 3 rockfish 300 lb/ month 

4 Whiting" 

Before the primary whiting season: CLOSED.-- During the primary season: mid-water trawl 

5 m idwater trawl permitted in the RCA See §660.131 for season and trip limit details. -- After the primary whiting 

season: CLOSED. 

6 large & small footrope gear Before the primary whiting season: 20,000 lb/trip. -- During the primary season: 10,000 lb/trip. --

After the primary whiting season: 10,000 lb/trip. 

7 Cabezon41 

8 North of 46°16' N. lat. Unlimited 

9 46°16' N. lat. - 40°10' N. lat. 50 lb/ month 

10 Shortbelly rockfish Unlimited 

11 Spiny dogfish 60,000 lb/ month 

12 Big skate 5,000 lb/ 2 

I 

30,000 lb/ 2 

I 

35.000 lb/ 2 I 40.000 lb/ 2 I 15,000 lb/ 2 

I 

5,000 lb/ 2 

months months months months months months 

13 Longnose skate Unlimited 

14 Other Fish 41 Unlimited 

1/ The Rockfish Conservation Area 1s an area closed to f1sh1ng by particular gear types, bounded by lines spec1f1cally def1ned by lat1tude and longitude 

coordinates set out at§§ 660.71-660.74. This RCA is not defined by depth contours, and the boundary lines that define the RCA may close areas 

that are deeper or shallower than the depth contour. Vessels that are subject to the RCA restrictions may not fish in the RCA or operate in the 

RCA for any purpose other than transiting. 

2/ The "modified" fathom lines are modified to exclude certain petrale sole areas from the RCA 

3/ As specificed at §660.131 (d), when fishing in the Eureka Area, no more than 10,000 lb of whiting may be taken and retained, possessed, or landed 

by a vessel that, at any time during the fishing trip, fished in the fishery management area shoreward of 100 fm contour. 

4/ "Other Fish" are defined at§ 660.11 and include kelp greenling, leopard shark, and cabezon in Washington 

To convert pounds to kilograms, divide by2.20462, the number of pounds in one kilogram. 

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-
45410 Federal Register / Vol. 83, No. 174 / Friday, September 7, 2018 / Proposed Rules 

■ 11. In § 660.333, revise paragraphs 

(b)(1), (c)(1), and (d)(1) to read as 

follows: 

§ 660.333 Open access non-groundfish 

trawl fishery—management measures 

* * * * * 

(b) * * * 

(1) It is declared ‘‘non-groundfish 

trawl gear for ridgeback prawn’’ under 

§ 660.13(d)(4)(iv)(A)(10), regardless of 

whether it is registered to a Federal 

limited entry trawl-endorsed permit; 

and 

* * * * * 

(c) * * * 

(1) It is declared ‘‘non-groundfish 

trawl gear for California halibut’’ under 

§ 660.13(d)(4)(iv)(A)(11), regardless of 

whether it is registered to a Federal 

limited entry trawl-endorsed permit; 

* * * * * 

(d) * * * 

(1) It is declared ‘‘non-groundfish 

trawl gear for sea cucumber’’ under 

§ 660.13(d)(4)(iv)(A)(12), regardless of 

whether it is registered to a Federal 

limited entry trawl-endorsed permit; 

* * * * * 

[FR Doc. 2018–19343 Filed 9–6–18; 8:45 am] 

BILLING CODE 3510–22–P 


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