47416 Federal Register / Vol. 83, No. 182 / Wednesday, September 19, 2018 / Proposed Rules 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 660 

[Docket No. 180625576–8576–01] 

RIN 0648–BH93 

Magnuson-Stevens Act Provisions; 

Fisheries Off West Coast States; 

Pacific Coast Groundfish Fishery; 

2019–20 Biennial Specifications and 

Management Measures 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Proposed rule; request for 

comments. 

SUMMARY: This proposed rule would 

establish the 2019–20 harvest 

specifications and management 

measures for groundfish taken in the 

U.S. exclusive economic zone off the 

coasts of Washington, Oregon, and 

California, consistent with the 

Magnuson-Stevens Fishery 

Conservation and Management Act and 

the Pacific Coast Groundfish Fishery 

Management Plan. This proposed rule 

would also revise the management 

measures that are intended to keep the 

total catch of each groundfish stock or 

stock complex within the harvest 

specifications. The proposed measures 

are intended to help prevent 

overfishing, rebuild overfished stocks, 

achieve optimum yield, and ensure that 

management measures are based on the 

best scientific information available. 

DATES: Comments must be received no 

later than October 19, 2018. 

ADDRESSES: Submit your comments, 

identified by NOAA–NMFS–2018–0056, 

by either of the following methods: 

• Federal e-Rulemaking Portal: Go to 

www.regulations.gov/ 

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

0056, 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. 

Instructions: 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 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). 

FOR FURTHER INFORMATION CONTACT: 

Keeley Kent, phone: 206–526–4655, fax: 

206–526–6736, or email: Keeley.Kent@

noaa.gov. 

SUPPLEMENTARY INFORMATION: 

Electronic Access 

This rule is accessible via the internet 

at the Office of the Federal Register 

website at https://

www.federalregister.gov/. Background 

information and documents including 

an integrated analysis for this action 

(Analysis), which addresses the 

statutory requirements of the Magnuson 

Stevens Fishery Conservation and 

Management Act (Magnuson-Stevens 

Act), the National Environmental Policy 

Act, Presidential Executive Order 

12866, and the Regulatory Flexibility 

Act are available at the NMFS West 

Coast Region website at http://

www.westcoast.fisheries.noaa.gov/ 

fisheries/groundfish/index.html and at 

the Pacific Fishery Management 

Council’s website at http://

www.pcouncil.org. The final 2018 Stock 

Assessment and Fishery Evaluation 

(SAFE) report for Pacific Coast 

groundfish, as well as the SAFE reports 

for previous years, are available from 

the Pacific Fishery Management 

Council’s website at http://

www.pcouncil.org. 

Executive Summary 

Purpose of the Regulatory Action 

This proposed rule would implement 

the 2019–20 harvest specifications and 

management measures for groundfish 

stock taken in the U.S. exclusive 

economic zone off the coasts of 

Washington, Oregon, and California. 

The purpose of this proposed rule is to 

conserve and manage Pacific Coast 

groundfish fishery resources to prevent 

overfishing, to rebuild overfished 

stocks, achieve optimum yield (OY), 

and ensure that management measures 

are based on the best scientific 

information available. This action 

proposes harvest specifications for 

2019–20 consistent with existing or 

revised default harvest control rules for 

all stocks, and establishes management 

measures designed to keep catch within 

the appropriate limits. The harvest 

specifications are set consistent with the 

OY harvest management framework 

described in Chapter 4 of the Pacific 

Coast Groundfish Fishery Management 

Plan (PCGFMP). 

Major Provisions 

This proposed rule contains two types 

of major provisions. The first are the 

harvest specifications (overfishing limits 

(OFLs), acceptable biological catches 

(ABCs), and annual catch limits (ACLs)), 

and the second are management 

measures designed to keep fishing 

mortality within the ACLs. The Council 

developed the harvest specifications 

(OFLs, ABCs, and ACLs) in this rule 

through a rigorous scientific review and 

decision making process, which is 

described later in this proposed rule. 

The OFL is the maximum sustainable 

yield (MSY) harvest level and is an 

estimate of the catch level above which 

overfishing is occurring. The Pacific 

Fishery Management Council’s 

(Council) Scientific and Statistical 

Committee (SSC) recommends OFLs 

based on the best scientific information 

available. The ABC is an annual catch 

specification that is the stock or stock 

complex’s OFL reduced by an estimate 

of scientific uncertainty. The SSCrecommended method for incorporating 

scientific uncertainty is referred to as 

the P star-sigma approach, which is 

discussed in detail in the proposed and 

final rules for the 2011–12 (75 FR 

67810, November 3, 2010; 76 FR 27508, 

May 11, 2011) and 2013–14 (77 FR 

67974, November 12, 2012; 78 FR 580, 

January 3, 2013) biennial harvest 

specifications and management 

measures. The ACL is a harvest 

specification set equal to or below the 

ABC. The Council recommends ACLs at 

a level that should achieve OY from the 

fishery, which is the amount of fish that 

will provide the greatest overall benefit 

to the Nation, particularly with respect 

to food production and recreational 

opportunities, and taking into account 

the protection of marine ecosystems. 

The ACLs are based on consideration of 

conservation objectives, socio-economic 

concerns, management uncertainty, and 

other factors. All known sources of 

fishing and scientific research catch are 

counted against the ACL. Many stocks 

are further allocated into harvest 

guidelines (HGs) or annual catch targets 

(ACTs) for the purposes of dividing 

catch between different gear types and 

sectors or building in a precautionary 

approach to prevent catch from 

exceeding an ACL. 

This proposed rule includes harvest 

specifications for the two overfished 

stocks managed under the PCGFMP, 

yelloweye rockfish and cowcod. For the 

2019–20 biennium, NMFS proposes 

changes to the yelloweye rockfish 

rebuilding plan, due to its improved 


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1Stocks for which ACLs or ACL contributions to 

stock complex ACLs are calculated. 

stock rebuilding outlook and changes to 

the needs of fishing communities, 

described under section C of this rule. 

This proposed rule would modify the 

harvest control rule for this stock and 

establish harvest specifications and 

management measures consistent with 

those revisions. The other overfished 

stock, cowcod, continues to have a 

positive rebuilding outlook, and no 

changes to its rebuilding plan are 

proposed. Therefore, this rule proposes 

to establish harvest specifications 

consistent with the existing rebuilding 

plan provisions for this stock. Since the 

2017–18 biennium, three stocks have 

been declared rebuilt: Darkblotched 

rockfish, bocaccio rockfish (bocaccio), 

and Pacific ocean perch. The harvest 

control rules for these stocks revert back 

to those established prior to the stock 

being declared overfished. 

To keep mortality of the stocks 

managed under the PCGFMP within the 

ACLs, the Council also recommended 

management measures. Generally 

speaking, management measures are 

intended to rebuild overfished stocks, 

prevent catch from exceeding the ACLs, 

and allow for the harvest of healthy 

stocks. Management measures include 

time and area restrictions, gear 

restrictions, trip or bag limits, size 

limits, and other management tools. 

Management measures may vary by 

fishing sector because different fishing 

sectors require different types of 

management to control catch. Most of 

the management measures the Council 

recommended for 2019–20 were slight 

variations to existing management 

measures, and do not represent a change 

from current management practices. 

Additionally, the Council recommended 

several new management measures, 

including: Establishment of salmon 

bycatch mitigation measures, 

modifications to depth restrictions in 

the Western Cowcod Conservation Area 

(CCA), modification of discard mortality 

rates for IFQ lingcod and sablefish, 

removal of the Shorebased Individual 

Fishing Quota (IFQ) Program daily 

vessel limits, removal of the automatic 

authority on at-sea set-asides, 

continuation of the IFQ adaptive 

management pass through, and 

modification of the retention ratios for 

incidentally caught lingcod in the 

salmon troll fishery. 

Table of Contents 

I. Background 

A. Specification and Management Measure 

Development Process 

II. Harvest Specifications 

A. Proposed OFLs for 2019 and 2020 

B. Proposed ABCs for 2019 and 2020 

C. Proposed ACLs for 2019 and 2020 

D. Summary of ACL Changes From 2018 to 

2019–20 

III. Management Measures 

A. Deductions From the ACLs 

B. Stock Complex Composition 

Restructuring 

C. Biennial Fishery Allocations 

D. Tribal Fisheries 

E. Routine Modifications to the Boundaries 

Defining Rockfish Conservation Areas 

(RCAs) 

F. Limited Entry Trawl 

G. Limited Entry Fixed Gear and Open 

Access Nontrawl Fishery 

H. Recreational Fisheries 

I. Salmon Bycatch Mitigation Measures 

J. Modifications to Depth Restrictions 

Within the Western CCA 

K. Modification of Lingcod and Sablefish 

Discard Mortality Rates 

L. Removal of IFQ Daily Vessel Limits 

M. Removal of Automatic Authority for 

Darkblotched Rockfish and Pacific Ocean 

Perch Set-Asides for At-Sea Sector 

N. Continuation of Adaptive Management 

Pass Through 

O. Modification of the Incidental Lingcod 

Retention Ratio in the Salmon Troll 

Fishery 

P. Administrative Actions 

IV. Classification 

I. Background 

The PCGFMP requires the harvest 

specifications and management 

measures for groundfish to be set at least 

biennially. This proposed rule is based 

on the Council’s final recommendations 

made at its June 2018 meeting, as well 

as harvest specifications for some stocks 

adopted at the Council’s April 2018 

meeting. 

A. Specification and Management 

Measure Development Process 

The Northwest Fisheries Science 

Center (NWFSC) conducted full stock 

assessments in 2017 for 9 of the 128 

stocks 1 included under the PCGFMP 

(Blue/deacon rockfish (CA, WA, OR), 

California scorpionfish, lingcod [north 

and south], Pacific ocean perch, 

yellowtail rockfish north of 40°10′ N 

lat., yelloweye rockfish). Additionally, 

the NWFSC conducted assessment 

updates that run new data through 

existing models for eight stocks 

(arrowtooth flounder, blackgill rockfish 

south of 40°10′ N lat., bocaccio S of 43° 

N lat., darkblotched rockfish). The 

NWFSC did not update assessments for 

the remaining stocks, so harvest 

specifications for these stocks are based 

on assessments from previous years. 

The stock assessment reports are 

available on the Council website 

(https://www.pcouncil.org/). 

The Council’s stock assessment 

review panel (STAR panel) reviews the 

stock assessments, including data 

moderate assessments, for technical 

merit, and to determine that each stock 

assessment document is sufficiently 

complete. Finally, the SSC reviews the 

stock assessment and STAR panel 

reports and makes recommendations to 

the Council. 

When spawning stock biomass (B) 

falls below the minimum stock size 

threshold (MSST), a stock is declared 

overfished, and the Council must 

develop a rebuilding plan that sets the 

strategy for rebuilding the stock to BMSY

in the shortest time possible, while 

considering needs of fishing 

communities and other factors. The 

current MSST reference point for 

assessed flatfish stocks is 12.5 percent of 

initial biomass or B12.5%. For all other 

assessed groundfish stocks, the current 

MSST reference point is 25 percent of 

initial biomass or B25%. The following 

overfished groundfish stocks would 

continue be managed under rebuilding 

plans in 2019–20: Cowcod south of 

40°10′ N lat. and yelloweye rockfish. 

For overfished stocks, in addition to 

any stock assessments or stock 

assessment updates, the NWFSC may 

also prepare rebuilding analyses. The 

rebuilding analysis is used to project the 

future status of the overfished resource 

under a variety of alternative harvest 

strategies and to determine the 

probability of recovering to BMSY or its 

proxy within a specified timeframe. 

The Council considered new stock 

assessments, stock assessment updates, 

a rebuilding analysis for yelloweye 

rockfish, public comment, and advice 

from its advisory bodies over the course 

of six Council meetings during 

development of its recommendations for 

the 2019–20 harvest specifications and 

management measures. At each Council 

meeting between June 2017 and June 

2018, the Council made a series of 

decisions and recommendations that 

were, in some cases, refined after further 

analysis and discussion. Detailed 

information, including the supporting 

documentation the Council considered 

at each meeting is available at the 

Council’s website, www.pcouncil.org. 

The 2019–20 biennial management 

cycle was the second cycle following 

PCGFMP Amendment 24 (80 FR 12567, 

March 10, 2015), which established 

default harvest control rules and 

included an Environmental Impact 

Statement (EIS). The EIS described the 

ongoing implementation of the PCGFMP 

and default harvest control rules, along 

with ten-year projections for harvest 

specifications and a range of 

management measures. Under 

Amendment 24, the default harvest 

control rules used to determine the 


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previous biennium’s harvest 

specifications (i.e., OFLs, ABCs, and 

ACLs) are applied automatically to the 

best scientific information available to 

determine the future biennium’s harvest 

specifications. NMFS implements 

harvest specifications based on the 

default harvest control rules unless the 

Council makes a different 

recommendation. Therefore, this rule 

implements the default harvest control 

rules, consistent with Amendment 24, 

for most stocks, and discusses 

departures from the defaults. The 

Analysis identifies the preferred 

alternative harvest control rules, new 

management measures, and other 

decision points that were not described 

in the 2015 EIS and is posted on the 

NMFS WCR web page (see 

SUPPLEMENTARY INFORMATION) along with 

this proposed rule. 

Information regarding the OFLs, 

ABCs, and ACLs proposed for 

groundfish stocks and stock complexes 

in 2019–20 is presented below, followed 

by a discussion of the proposed 

management measures for commercial 

and recreational groundfish fisheries. 

II. Harvest Specifications 

This proposed rule would set 2019–20 

harvest specifications and management 

measures for all of the 128 groundfish 

stocks which have ACLs or ACL 

contributions to stock complexes 

managed under the PCGFMP, except for 

Pacific whiting. Pacific whiting harvest 

specifications are established annually 

through a separate bilateral process with 

Canada. 

The proposed OFLs, ABCs, and ACLs 

are based on the best available 

biological and socioeconomic data, 

including projected biomass trends, 

information on assumed distribution of 

stock biomass, and revised technical 

methods used to calculate stock 

biomass. The PCGFMP specifies a series 

of three categories to define OFLs and 

ABCs based on the level of reliable 

information available to fishery 

scientists. Category one represents the 

highest level of information quality 

available, while category three 

represents the lowest. Category one 

stocks are the relatively few stocks for 

which the NWFSC can conduct a ‘‘data 

rich,’’ quantitative stock assessment that 

incorporates catch-at-age, catch-atlength, or other data. The SSC can 

generally calculate OFLs and 

overfished/rebuilding thresholds for 

these stocks, as well as ABCs, based on 

the uncertainty of the biomass estimated 

within an assessment or the variance in 

biomass estimates between assessments 

for all stocks in this category. The set of 

category two stocks includes a large 

number of stocks for which some 

biological indicators are available, yet 

status is based on a ‘‘data-moderate’’ 

quantitative assessment. The category 

three stocks include minor stocks which 

are caught, but for which there is, at 

best, only information on landed 

biomass. For stocks in this category, 

there is limited data available for the 

SSC to quantitatively determine MSY, 

OFL, or an overfished threshold. 

Typically, catch-based methods (e.g., 

depletion-based stock reduction 

analysis (DBSRA), depletion corrected 

average catch (DCAC), and average 

catches) are used to determine the OFL 

for category three stocks. 

A. Proposed OFLs for 2019 and 2020 

The SSC derives OFLs for groundfish 

stocks with stock assessments by 

applying the harvest rate to the current 

estimated biomass. Fx% harvest rates 

represent the rates of fishing mortality 

that will reduce the female spawning 

potential ratio (SPR) to X percent of its 

unfished level. As an example, a harvest 

rate of F40% is more aggressive than F45%

or F50% harvest rates because F40%

allows more fishing mortality on a stock 

(as it allows a harvest rate that would 

reduce the stock to 40 percent of its 

unfished level). 

For 2019–20, the Council maintained 

its policy of using a default harvest rate 

as a proxy for the fishing mortality rate 

that is expected to achieve the 

maximum sustainable yield (FMSY). A 

proxy is used because there is 

insufficient information for most Pacific 

Coast groundfish stocks to estimate 

stock-specific FMSY values. Taxonspecific proxy fishing mortality rates are 

used due to perceived differences in the 

productivity among different taxa of 

groundfish. A lower value is used for 

stocks with relatively high resilience to 

fishing while higher values are used for 

less resilient stocks with low 

productivity. In 2019–20, the Council 

proposed the following default harvest 

rate proxies, based on the SSC’s 

recommendations: F30% for flatfish 

(meaning an SRP harvest rate that 

would reduce the stock to 30 percent of 

its unfished level), F40% for Pacific 

whiting, F50% for rockfish (including 

longspine and shortspine thornyheads), 

F50% for elasmobranchs, and F45% for 

other groundfish such as sablefish and 

lingcod. For unassessed stocks, the 

Council recommended using a historical 

catch-based approach (e.g., average 

catch, depletion-corrected average 

catch, or depletion-based stock 

reduction analysis) to set the OFL. 

Stocks may be grouped into 

complexes for various reasons, 

including: When stocks in a 

multispecies fishery cannot be targeted 

independently of one another and MSY 

cannot be defined on a stock-by-stock 

basis; when there is insufficient data to 

measure the stocks’ status; or when it is 

not feasible for fishermen to distinguish 

individual stocks among their catch. 

Most groundfish stocks managed in a 

stock complex are data-poor stocks 

without full stock assessments. The 

proposed OFLs for stock complexes are 

the sum of the OFL contributions for the 

component stocks, when known. In the 

2017–18 harvest specifications, there 

were eight stock complexes used to 

manage groundfish stocks pursuant to 

the PCGFMP. These stock complexes 

were: (1) Minor Nearshore Rockfish 

north; (2) Minor Nearshore Rockfish 

south; (3) Minor Shelf Rockfish north; 

(4) Minor Shelf Rockfish south (5) 

Minor Slope Rockfish north; (6) Minor 

Slope Rockfish south; (7) Other Flatfish; 

and (8) Other Fish. This rule proposes 

the following changes to stock 

complexes: (1) Remove blue/deacon 

rockfish from the Minor Nearshore 

Rockfish north complex and group with 

Oregon black rockfish to create a new 

complex (Oregon black rockfish/blue 

rockfish/deacon rockfish); (2) remove 

Washington kelp greenling from the 

Other Fish complex and pair with 

Washington cabezon to create a new 

complex (Washington cabezon/kelp 

greenling); (3) remove Oregon kelp 

greenling from the Other Fish complex 

and pair with Oregon cabezon to create 

a new complex (Oregon cabezon/kelp 

greenling). This proposed rule, if 

approved, would increase the total of 

number of stock complexes from eight 

to eleven. 

A detailed description of the scientific 

basis for all of the SSC-recommended 

OFLs proposed in this rule is included 

in the Stock Assessment and Fishery 

Evaluation (SAFE) document for 2018, 

available at the Council’s website, 

www.pcouncil.org. 

B. Proposed ABCs for 2019 and 2020 

The ABC is the stock or stock 

complex’s OFL reduced by an amount 

associated with scientific uncertainty. 

The SSC-recommended P star-sigma 

approach determines the amount by 

which the OFL is reduced to establish 

the ABC. Under this approach, the SSC 

recommends a sigma (s) value. The s 

value is generally based on the scientific 

uncertainty in the biomass estimates 

generated from stock assessments. After 

the SSC determines the appropriate s 

value, the Council chooses a P star (P*) 

based on its chosen level of risk 

aversion considering the scientific 

uncertainties. A P* of 0.5 equates to no 

additional reduction for scientific 


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uncertainty beyond the sigma value 

reduction. The PCGFMP specifies that 

the upper limit of P* will be 0.45. In 

combination, the P* and s values 

determine the amount by which the 

OFL will be reduced to establish the 

SSC-endorsed ABC. 

The SSC quantified major sources of 

scientific uncertainty in the estimates of 

OFLs and generally recommended a s 

value of 0.36 for category one stocks, a 

s value of 0.72 for category two stocks, 

and a s value of 1.44 for category three 

stocks. For category two and three 

stocks, there is greater scientific 

uncertainty in the OFL estimate because 

the assessments for these stock 

assessments are informed by less data 

than the assessments for category one 

stocks. Therefore, the scientific 

uncertainty buffer is generally greater 

than that recommended for stocks with 

quantitative stock assessments. 

Assuming the same P* is applied, a 

larger s value results in a larger 

reduction from the OFL. For 2019–20, 

the Council continued the general 

policy of using the SSC-recommended s 

values for each stock category. However, 

the SSC made a few exceptions to the 

standard s values assigned to each 

category. For some stocks, the SSC did 

not deem the proxy s values the best 

scientific information available because 

the uncertainty in estimated spawning 

biomass is greater than the s used as a 

proxy for other stocks in that category. 

For 2019–20, the SSC calculated unique 

s values for five stocks. For kelp 

greenling off Oregon, a category 1 stock, 

the SSC calculated a s value of 0.44, 

which is more precautionary than the 

standard s value of 0.36 for this 

category of stocks. For aurora rockfish, 

also a category 1 stock, the SSC 

calculated a s value of 0.39. And for 

California scorpionfish, the SSC 

calculated a s value of 0.582. The SSC 

also calculated a s value of 0.783 for 

California blue/deacon rockfish, and a s 

value of 0.803 for Oregon blue/deacon 

rockfish, both category 2 stocks. These 

s values are higher than the standard s 

value of 0.72 for this category of stocks. 

For 2019–20, the Council maintained 

the P* policies it established for the 

previous biennium for most stocks. As 

was done in 2015–16 and 2017–18, the 

Council recommended using P* values 

of 0.45 for all individually managed 

category one stock, except sablefish. 

Combining the category one s value of 

0.36 with the P* value of 0.45 results in 

a reduction of 4.4 percent from the OFL 

when deriving the ABC. For category 

two and three stocks, the Council’s 

general policy was to use a P* of 0.4, 

with a few exceptions. The Council 

recommended a P* of 0.45 for all of the 

stocks managed in the Minor Rockfish 

complexes and the Other Fish complex, 

as was done in 2017–18. When 

combined with the s values of 0.72 and 

1.44 for category two and three stocks, 

a P* value of 0.40 corresponds to 16.7 

percent and 30.6 percent reductions, 

respectively. The Council recommended 

using P* values of 0.40 for all 

individually managed category two and 

three stocks, except those described 

below. The Council recommended a P* 

of 0.45 for big skate, black rockfish off 

Oregon, cowcod, English sole, and 

yellowtail rockfish south of 40°10′ N 

lat., as was done in 2015–16 and 2017– 

18, because there was no new scientific 

information indicating a change in P* 

value was warranted. 

C. Proposed ACLs for 2019 and 2020 

The Council recommends ACLs for 

each stock and stock complex that is ‘‘in 

the fishery’’, as defined in the PCGFMP. 

Under the PCGFMP, the biomass level 

that produces MSY, or BMSY, is defined 

as the precautionary threshold. When 

the biomass for an assessed category one 

or two stock falls below the 

precautionary threshold, the ACL is set 

below the ABC using a harvest rate 

reduction to help the stock return to the 

BMSY level, which is the management 

target for groundfish stocks. If a stock 

biomass is larger than BMSY, the ACL 

may be set equal to the ABC. 

Alternatively, even if a stock biomass is 

larger than BMSY, an ACL may be set 

below the ABC to address conservation 

objectives, socioeconomic concerns, 

management uncertainty, or other 

factors necessary to meet management 

objectives. 

Under PCGFMP Amendment 24, the 

Council set up default harvest control 

rules, which established default policies 

that would be applied to the best 

available scientific information to set 

ACLs each biennial cycle, unless the 

Council has reasons to diverge from that 

harvest control rule. A complete 

description of the default harvest 

control rules for setting ACLs is 

described in the proposed and final rule 

for the 2015–16 harvest specifications 

and management measures and 

PCGFMP Amendment 24 (80 FR 687, 

January 6, 2015; 80 FR 12567, March 10, 

2015). 

Many groundfish stocks are managed 

with stock-specific harvest 

specifications. Often these stocks are 

category one or category two stocks and 

their stock status is known. The default 

harvest control rule for stocks with 

biomass estimates above MSY is to set 

the ACL equal to the ABC. The default 

harvest control rule for stocks with 

biomass estimates below MSY but above 

the overfished threshold is to set the 

ACL below the ABC using a standard 

reduction on the harvest rate, which is 

described in the proposed and final 

rules for the 2015–16 biennium (80 FR 

687, January 6, 2015; 80 FR 12567, 

March 10, 2015). The PCGFMP defines 

the 40–10 harvest control rule for stocks 

with a BMSY proxy of B40% that are in the 

precautionary zone as the standard 

reduction. The analogous harvest 

control rule with the standard reduction 

for assessed flatfish stocks is the 25–5 

harvest control rule. Both ACL harvest 

control rules are applied after the ABC 

deduction is made. The further the stock 

biomass is below the precautionary 

threshold, the greater the reduction in 

ACL relative to the ABC, until at B10%

for a stock with a BMSY proxy of B40%, 

or B5% for a stock with a BMSY proxy of 

B25%, the ACL would be set at zero. 

These harvest policies foster a quicker 

return to the BMSY level and serve as an 

interim rebuilding policy for stocks that 

are below the MSST. 

All of the ACLs for stock complexes 

are less than or equal to the summed 

ABC contributions of each component 

stock in each complex. Default harvest 

control rules are based on stock status. 

Thus, when the Council revises the 

stock composition of a stock complex, 

the default harvest control rule may 

adjust based on status of the stocks that 

remain in the complex. 

Under the PCGFMP, the Council may 

recommend setting the ACL at a 

different level than what the default 

harvest control rules specify as long as 

the ACL does not exceed the ABC and 

complies with the requirements of the 

Magnuson-Stevens Act. For many of the 

stocks or stock complexes in the fishery, 

the Council chose to maintain the 

default harvest control rules from the 

previous biennial cycle. Table 1 

presents a summary table of the 

proposed changes to ACL policies for 

certain stocks for 2019–20. 


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TABLE 1—PROPOSED CHANGES TO HARVEST CONTROL RULES FOR 2019–20 

Stock Alternative Harvest control rule ACL a

CA Scorpionfish S 

of 34°27′ N lat.

Current ...........................

Proposed change ...........

150 mt constant catch ACL ................................................................................

ACL = ABC (P* = 0.45) .......................................................................................

150 mt 

313 mt 

Lingcod N of 40°10′ 

N lat.

Current ........................... ACL = ABC (P* = 0.45 in OR & WA; P* = 0.4 in CA) w/40–10 adj. for the CA 

contribution to the ABC and ACL Assumes 1,000 mt and 750 mt removals 

for 2017 and 2018 in the north and south, respectively and full ACL attainment thereafter.

3,110 mt 

Proposed change ........... ACL = ABC (P* = 0.45) w/40–10 adj. for the CA contribution to the ABC and 

ACL Assumes 40% and 75% ACL attainment for 2017 and 2018 in the 

north and south, respectively and full ACL attainment thereafter.

4,871 mt 

Lingcod S of 40°10′ 

N lat.

Current ........................... ACL = ABC (P* = 0.4) w/40–10 adj. Assumes 1,000 mt and 750 mt removals 

for 2017 and 2018 in the north and south, respectively and full ACL attainment thereafter.

1,144 mt 

Proposed change ........... ACL = ABC (P* = 0.45) w/40–10 adj. Assumes 40% and 75% ACL attainment 

for 2017 and 2018 in the north and south, respectively and full ACL attainment thereafter.

1,039 mt 

Yelloweye Rockfish Current ...........................

Proposed change ...........

ABC (P* = 0.4), ACL (SPR = 76.0%); TTARGET = 2027 .....................................

ABC (P* = 0.4), ACL (SPR = 65.0%); TTARGET = 2029 .....................................

20 mt 

48 mt 

a Current ACL is for 2018, Proposed change ACL is for 2019. 

The following sections discuss 

proposed ACLs for the stocks for which 

the Council’s recommended ACLs 

depart from the existing default harvest 

control rule. 

California Scorpionfish 

For the 2017–18 biennium, the default 

harvest control rule set the ACL for 

California scorpionfish at a constant 

value of 150 mt rather than on a ratebased value. The NWFSC conducted a 

new assessment of California 

scorpionfish south of 34°27′ N lat. in 

2017. The assessment indicated the 

stock was healthy at a 54 percent 

depletion at the start of 2017. The 

Council recommended and NMFS is 

proposing an alternative harvest control 

rule for California scorpionfish. The 

revised harvest control rule would set 

the ACL equal to the ABC using a P* 

value of 0.45, consistent with other 

category one stocks. The resulting 2019– 

20 ACLs would more than double 

compared to the 2018 ACL under this 

new harvest control rule. The stock is 

projected to remain healthy (i.e., greater 

than 40 percent depletion) for the next 

ten years under the proposed alternative 

harvest control rule. 

Lingcod 

The NWFSC conducted two 

assessments for lingcod in 2017—one 

each for the areas north and south of the 

California/Oregon border at 42° N lat. 

Current spawning stock biomass is 

estimated to be 57.9 percent in the 

northern assessment area relative to 

unfished spawning biomass, and has 

continued to increase over the last five 

years as a result of high recruitment in 

2008 and 2013. Current spawning stock 

biomass is estimated to be 32.1 percent 

in the southern assessment area relative 

to unfished spawning biomass. 

Although spawning biomass in the 

southern assessment area is estimated to 

have been increasing in recent years, 

recruitment is estimated to have been 

well below average over the last 10 to 

15 years, which suggests that stock 

biomass is not increasing for the 

southern portion of the stock at the 

same rate as for the northern portion of 

the stock. The SSC endorsed the 2017 

north and south lingcod stock 

assessments as the best scientific 

information available for status 

determination and management, and 

designated both portions of the stock as 

category one. The stocks had been 

previously managed as category two 

stocks. The current harvest control rule 

sets the ACL equal to the ABC for the 

portion of the northern stock off Oregon, 

but applies the 40–10 precautionary 

reduction to the portion of the northern 

stock off California (i.e., between 42° 

and 40°10′ N lat.), and to the whole of 

the southern stock using the most recent 

5-year (2012–2016) average percentage 

of swept area biomass estimates. 

This proposed rule would change the 

P* value from 0.4 to 0.45 for both 

portions of the stock, reflecting greater 

confidence in the current stock 

assessments. The resulting 2019 and 

2020 ACLs for the northern portion of 

the stock would increase by 

approximately 64 percent and 68 

percent, respectively, compared to the 

2018 ACL under this new harvest 

control rule. The resulting 2019 and 

2020 ACL under this new harvest 

control rule for the southern portion of 

the stock would decrease by 

approximately 9 percent and 24 percent, 

respectively, compared to the 2018 ACL. 

This proposed action is expected to 

allow moderate growth of the stock 

under an average recruitment 

assumption in the next ten years. 

Overfished Stocks and Changes to 

Rebuilding Plans 

When a stock has been declared 

overfished, the Council must develop 

and manage the stock in accordance 

with a rebuilding plan. For overfished 

stocks in the PCGFMP, this means that 

the harvest control rule for overfished 

stocks sets the ACL based on the 

rebuilding plan. The proposed rules for 

the 2011–12 (75 FR 67810, November 3, 

2010) and 2013–14 (77 FR 67974, 

November 14, 2012) harvest 

specifications and management 

measures contain extensive discussions 

on the management approach used for 

overfished stocks, which are not 

repeated here. In addition, the SAFE 

document posted on the Council’s 

website at http://www.pcouncil.org/ 

groundfish/safe-documents/ contains a 

detailed description of each overfished 

stock, its status and management, as 

well as the SSC’s approach for 

rebuilding analyses. This document 

discusses several previously overfished 

stocks that have rebuilt since the last 

biennium, as well as provisions for the 

two remaining overfished stocks in the 

PCGFMP, namely cowcod south of 

40°10′ N lat. and yelloweye rockfish. 

The Council proposed cowcod ACLs for 

2019 and 2020 based on the current 

cowcod rebuilding plan, so additional 

details are not repeated here. Appendix 

F to the PCGFMP contains the most 

recent rebuilding plan parameters, as 

well as a history of each overfished 

stock, and can be found at http://

www.pcouncil.org/groundfish/ 

fisherymanagement-plan/. 


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Stocks Rebuilt Since Last Biennium 

When a stock is determined to be 

rebuilt, its harvest control rule 

automatically reverts back to the default 

harvest control rule for the next 

biennium. For the 2019–20 biennium, 

three stocks were declared rebuilt: 

Bocaccio, Pacific ocean perch, and 

darkblotched rockfish. In addition to the 

harvest control rules for these stocks 

reverting back to the defaults for the 

2019–20 biennium, other requirements 

for overfished stocks are removed. One 

such change is that these stocks would 

no longer be listed under the priority 

stock observer reporting requirements at 

§ 660.140(h)(1)(i)(3). This proposed 

change is described further under the 

heading, P. Administrative Actions, in 

this preamble. 

Yelloweye Rockfish (Sebastes 

Ruberrimus) 

Yelloweye rockfish was declared 

overfished in 2002. The Council 

adopted a rebuilding plan for the stock 

in 2004, and revised the rebuilding plan 

in 2011 under Amendment 16–4 to the 

PCGFMP. The current rebuilding plan 

parameters include an SPR harvest rate 

of 76 percent and a median target time 

for rebuilding (TTARGET) of 2074 (the 

year for which there is a 50 percent 

probability that the stock is rebuilt). The 

NWFSC conducted a new stock 

assessment for yelloweye rockfish in 

2017, and the SSC conducted a 

rebuilding analysis using the updated 

assessment. The rebuilding analysis 

includes a recalculation of rebuilding 

parameters that inform the Council’s 

decision-making process. According to 

the rebuilding analysis, should the 

Council decide to revise the existing 

rebuilding plan, the new minimum time 

to rebuild (TMIN; the time to rebuild if 

there was no fishing) would be 2026 and 

TTARGET would be changed from 2074 

(in the 2011 assessment) to 2027 (in the 

2017 assessment). Under the current 

harvest control rule, the ACL for 

yelloweye would increase to 29 mt and 

30 mt in 2019 and 2020, respectively, an 

increase from 20 mt in 2018. This 

improvement in stock status outlook is 

due to several factors, including: Lower 

than expected catches of yelloweye 

rockfish in recent years; a more 

optimistic value on stock recruit 

steepness, which corresponds to a more 

productive stock; and strong year 

classes entering the spawning 

population in recent years. 

As a result of the improvement in 

stock outlook, the Council 

recommended, and NMFS is proposing, 

changing the SPR harvest rate for 

yelloweye rockfish to 65 percent and 

changing the TTARGET to 2029. This 

change in the rebuilding plan would 

allow an ACL for yelloweye rockfish of 

48 mt in 2019 and 49 mt in 2020. 

Within the ACL, for 2019, the Council 

recommended a fishery harvest 

guideline (HG) of 42.1 mt, of which 3.4 

mt is the trawl HG and 38.6 mt is the 

nontrawl HG. For 2020, NMFS proposes 

a fishery HG of 42.1 mt, of which 3.4 is 

the trawl HG and 39.5 is the nontrawl 

HG. For more discussion of the use of 

HGs, see section II (Harvest 

Specifications), C, entitled ‘‘C. Biennial 

Fishery Allocations’’ in this preamble. 

Additionally, the Council 

recommended, and NMFS is proposing, 

to establish Annual Catch Targets 

(ACTs) within the nontrawl allocation 

HG. The nontrawl sector includes the 

limited entry fixed gear and open access 

fixed gear fisheries as well as the 

recreational fisheries for Washington, 

Oregon, and California. The nearshore 

fisheries occur off of Oregon and 

California and are subject to both 

Federal and state HGs as well as other 

state-specific management measures. 

The non-nearshore fisheries include the 

limited entry and federal open access 

fixed gear fleets. Table 2 outlines the 

harvest specifications that were in place 

for yelloweye rockfish for 2018 for 

comparison purposes. Tables 3 and 4 

outline the proposed harvest 

specifications for 2019 and 2020 for 

yelloweye rockfish. 

TABLE 2—2018 HARVEST SPECIFICATIONS FOR YELLOWEYE ROCKFISH

OFL 

(mt) 

ABC 

(mt) 

ACL 

(mt) 

HG 

(mt) 

All sectors ........................................................................................................ 58 48 20 14 

Nontrawl .................................................................................................... ........................ ........................ ........................ 12.9 

Non-Nearshore .................................................................................. ........................ ........................ ........................ 0.7 

Nearshore .......................................................................................... ........................ ........................ ........................ 2.0 

Washington Recreational .................................................................. ........................ ........................ ........................ 3.3 

Oregon Recreational ......................................................................... ........................ ........................ ........................ 3 

California Recreational ...................................................................... ........................ ........................ ........................ 3.9 

Trawl ......................................................................................................... ........................ ........................ ........................ 1.1 

TABLE 3—2019 HARVEST SPECIFICATIONS FOR YELLOWEYE ROCKFISH

OFL 

(mt) 

ABC 

(mt) 

ACL 

(mt) 

HG 

(mt) 

ACT 

(mt) 

All sectors ............................................................................ 82 74 48 42 ........................

Nontrawl ........................................................................ ........................ ........................ ........................ 38.6 ........................

Non-Nearshore ...................................................... ........................ ........................ ........................ 2.0 1.6 

Nearshore .............................................................. ........................ ........................ ........................ 6.0 4.7 

Washington Recreational ...................................... ........................ ........................ ........................ 10.0 7.8 

Oregon Recreational ............................................. ........................ ........................ ........................ 8.9 7.0 

California Recreational .......................................... ........................ ........................ ........................ 11.6 9.1 

Trawl ............................................................................. ........................ ........................ ........................ 3.4 ........................

TABLE 4—2020 HARVEST SPECIFICATIONS FOR YELLOWEYE ROCKFISH

OFL 

(mt) 

ABC 

(mt) 

ACL 

(mt) 

HG 

(mt) 

ACT 

(mt) 

All sectors ............................................................................ 84 77 49 43 ........................


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TABLE 4—2020 HARVEST SPECIFICATIONS FOR YELLOWEYE ROCKFISH—Continued 

OFL 

(mt) 

ABC 

(mt) 

ACL 

(mt) 

HG 

(mt) 

ACT 

(mt) 

Nontrawl ........................................................................ ........................ ........................ ........................ 39.5 ........................

Non-Nearshore ...................................................... ........................ ........................ ........................ 2.1 1.7 

Nearshore .............................................................. ........................ ........................ ........................ 6.2 4.9 

Washington Recreational ...................................... ........................ ........................ ........................ 10.2 8.1 

Oregon Recreational ............................................. ........................ ........................ ........................ 9.1 7.2 

California Recreational .......................................... ........................ ........................ ........................ 11.9 9.4 

Trawl ............................................................................. ........................ ........................ ........................ 3.4 ........................

The Council recommended using 

ACTs for the nontrawl sector as a 

precaution. As discussed in the 

Analysis, because yelloweye rockfish 

catch has been restricted for many years, 

it is difficult to project how encounter 

rates will change under the proposed 

higher catch limits and the associated 

suite of management measures that 

should allow for an overall expansion of 

groundfish fishery effort (see section 

4.2.1.3 of the Analysis). This 

precautionary approach to higher catch 

limits would allow more access to target 

fisheries for the nontrawl sector, while 

also managing for the uncertainty and 

volatility in catch of this overfished 

stock by this sector. 

The Analysis demonstrates how the 

proposed changes to the rebuilding plan 

select a TTARGET that is as short as 

possible, while giving consideration to 

the status and biology of the overfished 

species and the needs of the fishing 

communities, consistent with Section 

303(e)(4) of the Magnuson-Stevens Act 

(see Appendix B of the Analysis). The 

Council indicated that a new default 

harvest control rule may more 

appropriately account for the needs of 

West Coast communities by providing 

greater opportunity in both commercial 

and recreational groundfish sectors and 

improving income stability for 

dependent communities. 

West Coast fishing communities 

depend on a portfolio of commercial 

and recreational fisheries to support 

year-round operations. Recent 

coastwide declines in commercial 

fisheries for Dungeness crab, salmon, 

sardines, tuna, pink shrimp, halibut, 

and other non-groundfish stocks due to 

changing environmental conditions and 

changes in management have created 

considerable instability for many 

communities. Additionally, many of 

these communities have experienced 

substantial declines in recreational 

fishing activity, notably for salmon and 

for tuna (see Section B.1.1. of Appendix 

B). Groundfish fishing activity has 

traditionally helped communities 

weather cyclical changes in abundance 

in other non-groundfish fisheries. 

However, the restrictions in catch of 

target groundfish stocks necessary to 

support rebuilding of overfished 

groundfish stocks over the past 15 years 

has limited both commercial and 

recreational groundfish fishing 

opportunities. The loss of groundfish 

fishing opportunities further affects 

fishing communities through loss of 

processor activity and loss of business 

for support services. 

The proposed change to the yelloweye 

rockfish rebuilding plan is intended to 

support continued yelloweye rebuilding 

progress while providing more stability 

for coastal communities through 

increased access to co-occurring target 

stocks. Yelloweye rockfish bycatch is 

rare and unpredictable, but can occur in 

sporadic ‘‘lightning strikes’’ of large 

magnitude. Because yelloweye rockfish 

catch is difficult to predict, the Council 

has constrained yelloweye rockfish 

catch below the ACL set in the current 

rebuilding plan by conservatively 

managing co-occurring target stocks. 

This proposed rebuilding plan would 

increase the estimated TTARGET by two 

years, from 2027 to 2029, which is still 

within the required 10-year rebuilding 

timeframe specified in section 304(e)(4) 

of the Magnuson-Stevens Act, but which 

would more than double the yelloweye 

rockfish ACL in 2019 compared to 2018. 

The higher ACLs resulting from the 

revised rebuilding plan allow a suite of 

management measures that could 

expand groundfish fishing 

opportunities. For commercial trawl 

vessels, this proposed action would 

facilitate more trading of yelloweye 

rockfish allocation, which should allow 

for less risk-averse fishing strategies and 

as a result, an increase in attainment of 

underutilized stocks, including lingcod, 

chilipepper rockfish, and Pacific cod 

(see Section B.5.2.3 of Appendix B of 

the Analysis). For commercial fixed gear 

vessels, the yelloweye rockfish ACL 

increases could support future actions 

to consider reopening the nontrawl 

Rockfish Conservation Area or to 

consider increasing trip limits for target 

stocks such as lingcod (see Section 

B.5.2.2 of Appendix B of the Analysis). 

In addition, the proposed increases in 

the yelloweye rockfish ACL would 

allow for additional research 

opportunities to collect much-needed 

data to better inform stock assessments 

and management decisions (see Section 

B.1.3 of Appendix B of the Analysis). 

Recreational fishing opportunities 

would have the greatest potential for 

expansion from this proposed action. 

For the recreational sectors in 

communities off Washington, Oregon, 

and California, the proposed change to 

the rebuilding plan and higher ACLs 

would allow shorter periods of time 

with depth restrictions in place and 

access to deeper depths during seasons 

with depth restrictions. Allowing 

recreational fishermen to access 

additional fishing grounds should allow 

them to target a broader suite of stocks, 

such as yellowtail rockfish, lingcod, and 

chilipepper rockfish, while also 

reducing pressure on sensitive 

nearshore stocks such as black rockfish 

(see Section B.5.3 of Appendix B of the 

Analysis). This increase in recreational 

effort would especially benefit the 

communities of Neah Bay, WA; 

Winchester Bay, OR; and Fort Bragg, 

CA, which are highly dependent on 

recreational opportunities (see Section 

B.5 of Appendix B of the Analysis). 

D. Summary of ACL Changes From 2018 

to 2019–20 

Table 5 compares the ACLs for major 

stocks for 2018, 2019, and 2020. Due to 

proposed changes in stock complex 

composition, not all stocks are shown 

below. Many stocks would have higher 

ACLs in 2019 and 2020 than in 2018. 

The only stock that would have an ACL 

more than 10 percent below the 2018 

ACL is starry flounder. The change in 

stock abundance for starry flounder is 

largely driven by a change in the way 

the stock is assessed, which better 

accounts for the uncertainty in the stock 

status of this data poor stock. As a 

result, for 2019–20, starry flounder has 

a more precautionary OFL, ABC, and 

ACL. Overall attainment of starry 

flounder has been low in recent years, 

so this change is not expected to have 


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a substantial impact on the fleet (see Section A.3.4 of Appendix A of the 

Analysis). 

TABLE 5—ACLS FOR MAJOR STOCKS FOR 2018, 2019, AND 2020 

[Overfished stocks are capitalized] 

Stock Area 2018 ACL 

(mt) 

2019 ACL 

(mt) 

2020 ACL 

(mt) 

Percent 

change 2018 

to 2019 

COWCOD ......................................... S of 40°10′ N lat ............................... 10 10 10 0 

YELLOWEYE ROCKFISH ................ Coastwide ......................................... 20 48 49 140 

Arrowtooth Flounder ......................... Coastwide ......................................... 13,743 15,574 12,750 13 

Big Skate ........................................... Coastwide ......................................... 494 494 494 0 

Black Rockfish .................................. California (S of 42° N lat.) ................ 332 329 326 ¥1 

Black Rockfish .................................. Washington (N of 46°16′ N lat.) ....... 301 298 297 ¥1 

Bocaccio a ......................................... S of 40°10′ N lat ............................... 741 2,097 2,011 183 

Cabezon ............................................ California (S of 42° N lat.) ................ 149 147 146 ¥1 

California Scorpionfish ...................... S of 34°27′ N lat ............................... 150 313 307 108 

Canary Rockfish ................................ Coastwide ......................................... 1,526 1,450 1,368 ¥5 

Chilipepper Rockfish ......................... S of 40°10′ N lat ............................... 2,507 2,536 2,410 1 

Darkblotched Rockfish a .................... Coastwide ......................................... 653 765 815 17 

Dover Sole ........................................ Coastwide ......................................... 50,000 50,000 50,000 0 

English Sole ...................................... Coastwide ......................................... 7,537 10,090 10,135 34 

Lingcod .............................................. N of 40°10′ N lat .............................. 3,110 4,871 4,541 57 

Lingcod .............................................. S of 40°10′ N lat ............................... 1,144 1,039 869 ¥9 

Longnose skate ................................. Coastwide ......................................... 2,000 2,000 2,000 0 

Longspine Thornyhead ..................... N of 34°27′ N lat .............................. 2,747 2,603 2,470 ¥5 

Longspine Thornyhead ..................... S of 34°27′ N lat ............................... 867 822 780 ¥5 

Pacific Cod ........................................ Coastwide ......................................... 1,600 1,600 1,600 0 

Pacific Ocean Perch a ....................... N of 40°10′ N lat .............................. 281 4,340 4,229 1444 

Petrale Sole ...................................... Coastwide ......................................... 3,013 2,908 2,845 ¥3 

Sablefish ........................................... N of 36° N lat ................................... 5,475 5,606 5,723 2 

Sablefish ........................................... S of 36° N lat ................................... 1,944 1,990 2,032 2 

Shortbelly Rockfish ........................... Coastwide ......................................... 500 500 500 0 

Shortspine Thornyhead ..................... N of 34°27′ N lat .............................. 1,698 1,683 1,669 ¥1 

Shortspine Thornyhead ..................... S of 34°27′ N lat ............................... 898 890 883 ¥1 

Spiny Dogfish .................................... Coastwide ......................................... 2,083 2,071 2,059 ¥1 

Splitnose Rockfish ............................ S of 40°10′ N lat ............................... 1,761 1,750 1,731 ¥1 

Starry Flounder ................................. Coastwide ......................................... 1,282 452 452 ¥65 

Widow Rockfish ................................ Coastwide ......................................... 12,655 11,831 11,199 ¥7 

Yellowtail Rockfish ............................ N of 40°10′ N lat .............................. 6,002 5,997 5,716 0 

aStock was declared rebuilt in 2017. 

III. Management Measures 

This section describes biennial fishery 

harvest guidelines and set-asides used 

to further allocate the ACLs to the 

various components on the fishery, 

routine management measures to 

control fishing, and new management 

measures proposed for 2019–20. 

Routine management measures for the 

commercial fishery modify fishing 

behavior during the fishing year to 

ensure that catch is constrained below 

the ACL, and include trip and 

cumulative landing limits, time/area 

closures, size limits, and gear 

restrictions. Routine management 

measures for the recreational fisheries 

include bag limits, size limits, gear 

restrictions, fish dressing requirements, 

and time/area closures. New 

management measures proposed for the 

2019–20 biennial cycle would work in 

combination with current management 

measures to control fishing effort/ 

activity. 

A. Deductions From the ACLs 

Before making allocations to the 

primary commercial and recreational 

components of groundfish fisheries, the 

Council recommends ‘‘off-the-top 

deductions,’’ or deductions from the 

ACLs to set aside fish for certain types 

of activities. Off the top deductions 

account for four distinct sources of 

groundfish mortality: Harvest in Pacific 

Coast treaty Indian tribal fisheries; 

harvest in scientific research activities; 

harvest in non-groundfish fisheries 

(incidental catch); and harvest that 

occurs under exempted fishing permits 

(EFPs). These off-the-top deductions are 

proposed for individual stocks or stock 

complexes and can be found in the 

footnotes to Tables 1a and 2a to part 

660, subpart C. 

B. Stock Complex Composition 

Restructuring 

The Council recommended, and 

NMFS is proposing, modifications to the 

existing stock complexes used for 

harvest specifications and management 

that would create three new stock 

complexes. Changes in the composition 

of stock complexes do not affect the 

underlying harvest specifications 

because the stock complex ACL is 

simply the sum of the constituent 

stocks’ specifications. The stocks in the 

proposed stock complex restructuring 

are predominately shallow water 

nearshore stocks that occur primarily 

within state waters. Nearly all the 

removals for these stocks are attributed 

to the recreational and commercial 

nearshore fisheries that are subject to 

joint state and Federal management. 

The first modification would remove 

Oregon blue/deacon rockfish (BDR) 

from the Nearshore Rockfish complex 

north of 40°10′ N latitude and pair it 

with Oregon black rockfish to form a 

new Oregon black/BDR complex. The 

second modification would remove 

Oregon and Washington kelp greenling 

and Washington cabezon from the Other 

Fish complex to form two new stock 

complexes: An Oregon Kelp Greenling/ 


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Cabezon Complex and a Washington 

Kelp Greenling/Cabezon Complex. The 

objectives of the stock complex 

proposals are: (1) Better alignment of 

stocks per the complex goals and 

definitions as defined in the PCGFMP 

and National Standard 1 of the 

Magnuson-Stevens Act; (2) reduced 

management complexity; and 3) 

enhanced management flexibility (e.g., 

greater ability to take inseason actions). 

These proposed changes to stock 

complex composition better comply 

with the National Standard 1 guidelines, 

which recommend stocks managed in a 

stock complex ‘‘should have a similar 

geographic distribution, life history 

characteristics, and vulnerabilities to 

fishing pressure such that the impact of 

management actions on the stocks is 

similar.’’ These complex proposals 

pertain primarily to the commercial 

nearshore and recreational fisheries, as 

these are shallow water stocks 

infrequently encountered by the trawl 

sectors or other fisheries. 

Oregon Black/Blue/Deacon Rockfish 

Complex 

The Council recommended removing 

Oregon BDR rockfish from the 

Nearshore Rockfish complex north of 

40°10′ N. latitude, and pairing it with 

Oregon black rockfish, which is 

currently managed individually, to form 

a new Oregon black/BDR complex. Note 

that blue and deacon rockfish are 

separate stocks, but they are referred to 

collectively since they were assessed 

together and therefore have joint harvest 

specifications. Blue/deacon rockfish are 

more frequently found in the middle of 

the water column, whereas the other 

stocks in the Nearshore Rockfish 

complex are more strongly associated 

with benthic habitats. Oregon black 

rockfish is an important target fishery, 

especially in the recreational sector. As 

detailed in Section C.3 of Appendix C 

of the Analysis, this proposed action 

would better align management of 

Oregon BDR rockfish with black 

rockfish, a stock that is also a midwater 

stock and often co-occurs with BDR 

rockfish. The proposed action would 

provide more targeted management of 

Oregon BDR rockfish by moving Oregon 

BDR from a larger stock complex to a 

much smaller one. However, this action 

could have the potential to provide less 

targeted management for black rockfish 

by moving it from individual 

management into a complex. The risk of 

less targeted management would be that 

catch could exceed the stock’s ACL 

contribution while remaining under the 

overall complex ACL. 

As a measure to prevent negative 

effects on black rockfish as a result of 

moving it into a complex, the Council 

recommended and NMFS is proposing 

an HG for the stock at its ACL 

contribution level to the complex. For 

2019, the HG would be 515.8 mt, and for 

2020, 512.2 mt. Additionally, as 

discussed in Section 4.3.1.3 of the 

Analysis, Oregon Department of Fish 

and Wildlife (ODFW) intends to 

implement mitigation measures to 

prevent any change in the risk of 

overfishing for Oregon black rockfish. 

These measures include establishing 

and managing catch against state harvest 

guidelines for the component stocks of 

the new BDR complex, shortening the 

state catch reporting time lag from one 

month to one week to allow for rapid 

state-level management response, and 

revising ODFW inseason catch 

projection methods to better monitor 

rapid periodic increases in recreational 

fishing effort. ODFW has also proposed 

action within its state regulations to 

reduce its aggregate state recreational 

bag limit from seven to five fish per day, 

which could slow the overall catch rate 

during the recreational season. Finally, 

NMFS’s recent approval of longleader 

fishing gear for use in waters off Oregon 

(83 FR 13428; March 29, 2018) could 

shift some fishing effort away from 

black rockfish and towards 

underutilized midwater stocks, 

primarily widow and yellowtail 

rockfish. If this change to the stock 

complex structure is approved, these 

additional measures would ensure a 

level of management scrutiny for black 

rockfish similar to the level it would 

receive if it were managed individually. 

Other Fish Complex 

The Other Fish complex originated as 

a compilation of stocks that did not 

match well with other complexes. 

Because the complex is composed of 

biologically dissimilar stocks (e.g., 

ratfish, skates, sharks, grenadier, 

greenling, cabezon, and codling), the 

grouping has not supported practical 

management of its component stocks. 

Over time, the Council has redesignated 

some stocks in the original complex as 

ecosystem components, or has removed 

some stocks from the complex for 

individual management (e.g., big skate, 

82 FR 9634; February 7, 2017). This 

proposed action would remove three 

stocks from the Other Fish complex and 

incorporate them into two new 

complexes to allow for more accurate 

management of these stocks. This action 

would also require the addition of 

scientific sorting requirements for the 

limited entry trawl, limited entry fixed 

gear, and open access fixed gear. These 

sorting requirements would allow 

proper accounting of the catch of 

component stock in these new 

complexes separate from the Other Fish 

complex. 

Oregon Kelp Greenling/Cabezon 

Complex 

This proposed action would remove 

Oregon kelp greenling from the Other 

Fish complex and pair it with Oregon 

cabezon, which is currently managed 

individually, to create the Oregon Kelp 

Greenling/Cabezon Complex. This 

proposed action was recommended 

because these stocks share a greater 

similarity to each other (e.g., both are 

solitary nearshore stocks that often cooccur) compared to the other stocks 

within the Other Fish complex. As a 

measure to prevent any increase in the 

risk of overfishing for cabezon as a 

result of moving it into a complex, the 

Council recommended and NMFS is 

proposing a HG for the stock at its ACL 

contribution level to the complex. For 

2019 and 2020, the HG would be 46.8 

mt. The mitigation measures ODFW 

intends to implement for the Oregon 

black/BRD complex, described above, 

would similarly help prevent adverse 

effects on cabezon from moving from 

individual management into a stock 

complex. 

Washington Kelp Greenling/Cabezon 

Complex 

This proposed action would remove 

Washington kelp greenling and 

Washington cabezon from the Other 

Fish complex to form a Washington 

Kelp Greenling/Cabezon Complex. In 

Washington, kelp greenling and cabezon 

are retained in recreational groundfish 

fisheries. They are nearshore stocks that 

are generally not targeted and often cooccur. As both of the stocks are 

currently managed within a larger 

complex, moving them to their own 

complex would provide more targeted 

management. As part of this proposed 

action, the Washington Department of 

Fish and Wildlife would be better able 

to implement inseason management 

actions for these stocks, if needed. 

C. Biennial Fishery Allocations 

The Council recommends two-year 

trawl and nontrawl allocations during 

the biennial specifications process for 

all stocks without long-term allocations 

or stocks where the long-term allocation 

is suspended because the stock is 

declared overfished. For all stocks, 

except sablefish north of 36° N lat., the 

Council recommends allocations for the 

trawl and nontrawl sectors based on the 

fishery harvest guideline. The fishery 

harvest guideline is the tonnage that 

remains after subtracting the off-the-top 

deductions described in section III 


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(Management Measures), A, entitled 

‘‘Deductions from the ACLs,’’ in this 

preamble. The two-year allocations and 

recreational harvest guidelines are 

designed to accommodate anticipated 

mortality in each sector as well as 

variability and uncertainty in those 

mortality estimates. Allocations 

described below are detailed in the 

harvest specification tables appended to 

50 CFR part 660, subpart C in the 

regulatory text of this proposed rule. 

Big Skate 

The Council recommended and 

NMFS is proposing the allocations 

shown in Table 6 for big skate in 2019 

and 2020. These allocations are 

anticipated to accommodate estimates of 

mortality of big skate, by sector, in 

2019–20. 

TABLE 6—2019 AND 2020 TRAWL/NONTRAWL ALLOCATIONS OF BIG SKATE

Percentage Allocation 

(mt) 

Nontrawl ................................................................................................................................................................... 5 22.6 

Trawl ........................................................................................................................................................................ 95 429.5 

Bocaccio 

Bocaccio was declared rebuilt since 

last biennium. The Council 

recommended and NMFS is proposing 

the allocations shown in Table 7 for 

bocaccio in 2019 and 2020. These 

allocations are anticipated to 

accommodate estimates of mortality of 

bocaccio, by sector, in 2019–20 and 

address the stock’s newly rebuilt status. 

TABLE 7—2019 AND 2020 ALLOCATIONS OF BOCACCIO

2019 HG 

(mt) 

2020 HG 

(mt) 

Trawl ........................................................................................................................................................................ 800.7 767.1 

Non-nearshore ......................................................................................................................................................... 382.0 366.0 

Nearshore ................................................................................................................................................................ 4.8 4.6 

California recreational .............................................................................................................................................. 863.4 827.2 

Canary Rockfish 

The Council recommended and 

NMFS is proposing the allocations in 

Table 8 for canary rockfish in 2019 and 

2020. These allocations are anticipated 

to accommodate estimates of mortality 

of canary rockfish, by sector, in 2019– 

20, and maintain the same allocation 

scheme as in 2018. 

TABLE 8—2019 AND 2020 ALLOCATIONS OF CANARY ROCKFISH

2019 HG 

(mt) 

2020 HG 

(mt) 

Shorebased IFQ Program ....................................................................................................................................... 953.6 894.3 

At-sea Sectors ......................................................................................................................................................... 46 46 

Catcher/processor ............................................................................................................................................ 16 16 

Mothership ........................................................................................................................................................ 30 30 

Non-nearshore ......................................................................................................................................................... 43.8 41.2 

Nearshore ................................................................................................................................................................ 94.3 88.7 

Washington recreational .......................................................................................................................................... 47.1 44.3 

Oregon recreational ................................................................................................................................................. 70.7 66.5 

California recreational .............................................................................................................................................. 127.3 119.7 

Cowcod 

For 2019–20, the Council 

recommended and NMFS is proposing 

setting a cowcod ACT at 6 mt, and 

having it function as a fishery harvest 

guideline similar to the ACT in the 

2017–18 biennium; it is the amount that 

would be allocated across groundfish 

fisheries. Table 9 shows the trawl/ 

nontrawl allocations for cowcod for 

2019 and 2020. NMFS anticipates the 

proposed allocation structure will keep 

catch below the 2019–20 cowcod ACT, 

and NMFS maintains the same 

allocation scheme as in 2018. 

TABLE 9—2019 AND 2020 TRAWL/NONTRAWL ALLOCATIONS OF COWCOD

Percentage Allocation 

(mt) 

Nontrawl ................................................................................................................................................................... 36 2.2 

Trawl ........................................................................................................................................................................ 64 3.8 


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Longnose Skate 

The Council recommended and 

NMFS is proposing the trawl/nontrawl 

allocations for longnose skate in Table 

10. The allocation percentages reflect 

historical catch of longnose skate in the 

two sectors, and NMFS maintains the 

same allocation scheme that was in 

place for longnose skate in 2018. 

TABLE 10—2019 AND 2020 TRAWL/NONTRAWL ALLOCATIONS OF LONGNOSE SKATE

Percentage Allocation 

(mt) 

Nontrawl ................................................................................................................................................................... 10 185.2 

Trawl ........................................................................................................................................................................ 90 1,666.5 

Minor Nearshore Rockfish 

Harvest specifications for Minor 

Nearshore Rockfish north of 40°10′ N 

lat. are proposed to decrease from the 

103.2 mt in 2017–18 to 81 mt in 2019 

and 92 mt in 2020 due to the proposed 

removal of Oregon black rockfish from 

the complex. 

The states intend to manage catch 

using state-specific harvest guidelines: 

18.6 mt for Washington; 23.2 mt for 

Oregon, and 36.6 mt for California for 

2019. For 2020, 18.3 mt for Washington; 

23.0 mt for Oregon, and 37.9 mt for 

California. However, instead of 

implementing state specific harvest 

guidelines in Federal regulations, the 

state Council representatives from 

Oregon and Washington committed to 

heightened inseason communication 

regarding catches of stocks managed in 

the complex, relative to the harvest 

guidelines, consistent with the current 

state coordinated management. Under 

state management, landed component 

stocks within the Minor Nearshore 

Rockfish complex must be sorted by 

stock. Because the states may also take 

inseason action independent of NMFS, 

the proposed action is not anticipated to 

result in exceeding the complex ACL in 

2019–20. 

Minor Shelf Rockfish 

Allocations for Minor Shelf Rockfish 

are recommended by the Council and 

proposed by NMFS for each biennial 

cycle. The proposed allocations for 2019 

and 2020 are shown in Table 12. This 

maintains the same allocation 

percentages as have been in place for 

the Minor Shelf Rockfish complexes 

since 2011. 

TABLE 12—TRAWL/NONTRAWL ALLOCATIONS FOR MINOR SHELF ROCKFISH NORTH AND SOUTH OF 40°10′ N LAT. 

Percentage 2019 HG 2020 HG 

Minor Shelf Rockfish north of 40°10′ N lat ............................. Trawl ......................................

Nontrawl .................................

60.2 

39.8 

1,190 

786.9 

1,186.6 

784.5 

Minor Shelf Rockfish south of 40°10′ N lat ............................. Trawl ......................................

Nontrawl .................................

12.2 

87.8 

188.6 

1,357.3 

188.6 

1,357.3 

Minor Slope Rockfish 

Minor Slope Rockfish were allocated 

between the trawl and nontrawl 

fisheries in PCGFMP Amendment 21. 

This action applies those Amendment 

21 allocation percentages to the updated 

2019–20 fishery harvest guidelines. 

Blackgill rockfish in California was 

assessed in 2011 and has continued to 

be managed within the Minor Slope 

Rockfish complex, but with a stockspecific HG south of 40°10′ N lat. 

beginning in 2013. For 2019–20 the 

Council recommended a blackgill 

rockfish harvest guideline equal to the 

ABC contribution for the portion of the 

stock south of 40°10′ N lat.; this harvest 

guideline is 159 mt for 2019 and 2020. 

D. Tribal Fisheries 

Tribes implement management 

measures for Tribal fisheries both 

independently as sovereign 

governments and cooperatively with the 

management measures in the Federal 

regulations. The Tribes may adjust their 

Tribal fishery management measures 

inseason to stay within the Tribal 

harvest targets and estimated impacts to 

overfished stocks. The only change to 

Tribal harvest targets and management 

measures proposed for the 2019–20 

biennium is an increase in the petrale 

sole harvest target from 220 mt to 290 

mt. 

The Tribes proposed trip limit 

management in Tribal fisheries for 

2019–20 for several stocks, including 

several rockfish stocks and stock 

complexes. This rule proposes 

maintaining the same trip limits for 

Tribal fisheries as those in place in 

2018. For rockfish stocks, Tribal 

regulations will continue to require full 

retention of all overfished rockfish 

stocks and marketable non-overfished 

rockfish stocks. The Tribes will 

continue to develop management 

measures, including depth, area, and 

time restrictions, in the directed Tribal 

Pacific halibut fishery in order to 

minimize incidental catch of yelloweye 

rockfish. 

E. Routine Modifications to the 

Boundaries Defining Rockfish 

Conservation Areas 

Rockfish Conservation Areas (RCAs) 

are large area closures intended to 

reduce the catch of a stock or stock 

complex by restricting fishing activity at 

specific depths. The boundaries for 

RCAs are defined by straight lines 

connecting a series of latitude and 

longitude coordinates that approximate 

depth contours. These sets of 

coordinates, or lines, are not gear or 

fishery specific, but can be used in 

combination to define an area. NMFS 

then implements fishing restrictions for 

a specific gear and/or fishery within 

each defined area. 

For the 2019–20 biennium, the 

Council recommended minor 

adjustments to the 75 fathom (fm) (137 

m), 100 fm (183 m), 125 fm (229 m), and 

150 fm (274 m) depth contours off of 

California to more accurately refine the 

depth contours. These proposed 

modifications would adjust boundaries 

for RCAs around Santa Cruz Island, 

Spanish Canyon, Delgada Canyon, 

Cordell Bank, Point Ano Nuevo, San 

Miguel Island, and Anacapa Island. 

Additionally, this proposed rule 

would correct the coordinates for the 

125 fm (229 m) depth contour 

recommended by the Council in June 

2017 around Usal Canyon and Noyo 

Canyon. The Council recommended 


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these modifications to fix errors that 

were discovered during a previous 

change to the RCA line from 150 fm 

(274 m) to 125 fm (229 m) as part of the 

2017–18 harvest specifications and 

management measures (82 FR 9634; 

February 7, 2017). When NMFS 

implemented changes to the RCA line, 

it was determined that the latitude and 

longitude coordinates for several areas 

were crossed over between 125 and 150 

fathoms. These proposed changes would 

provide access to canyons that were 

previously open when the 150 fm (274 

m) line was in effect, and which were 

intended to be open after the previous 

changes to the RCA line. 

F. Limited Entry Trawl 

Incidental Trip Limits for IFQ Vessels 

For vessels fishing in the Shorebased 

IFQ Program, with either groundfish 

trawl gear or nontrawl gears, the 

following incidentally-caught stocks are 

managed with trip limits: Minor 

Nearshore Rockfish north and south, 

black rockfish, cabezon (46°16′ to 40°10′ 

N lat. and south of 40°10′ N lat.), spiny 

dogfish, shortbelly rockfish, big skate, 

Pacific whiting, and the Other Fish 

complex. For all stocks except big skate, 

this rule proposes maintaining the same 

IFQ fishery trip limits for these stocks 

for the start of the 2019–20 biennium as 

those in place in 2018. For big skate, the 

Council proposes reverting trip limits to 

those implemented at the start of the 

2017–18 biennium. Trip limits for the 

IFQ fishery can be found in Table 1 

North and Table 1 South to part 660, 

subpart D in the regulatory text of this 

proposed rule. Changes to trip limits are 

considered a routine measure under 

§ 660.60(c), and may be implemented or 

adjusted, if determined necessary, 

through inseason action. 

G. Limited Entry Fixed Gear and Open 

Access Nontrawl Fishery 

Management measures for the limited 

entry fixed gear (LEFG) and open access 

(OA) nontrawl fisheries tend to be 

similar because the majority of 

participants in both fisheries use hookand-line gear. Management measures, 

including area restrictions and trip 

limits in these nontrawl fisheries, are 

generally designed to allow harvest of 

target stocks while keeping catch of 

overfished stocks low. For the 2019–20 

biennium, changes to management 

measures include: changes to trip limits 

for sablefish, minor slope rockfish and 

darkblotched rockfish, canary rockfish, 

lingcod, shortspine rockfish, and 

longspine rockfish. Proposed 2019–20 

trip limits for these changes are 

specified in Table 2 (North), Table 2 

(South) to subpart E for LEFG and in 

Table 3 (North) and Table 3 (South) to 

subpart F for OA in the regulatory text 

of this proposed rule. 

Sablefish Trip Limits 

Sablefish are managed separately 

north and south of 36° N lat. For the 

portion of the stock north of 36° N lat., 

the Council recommended and NMFS is 

proposing raising the trip limits for the 

LEFG fleet from those in 2018 between 

75 to 100 lb (34 to 45 kg) a week 

depending on the period of the year. For 

the OA fleet, the trip limits would be 

the same as in 2018. For the portion 

south of 36° N lat., the Council 

recommended the limited entry and 

open access trip limits remain the same 

as those in 2018. The proposed sablefish 

trip limits for 2019–20 are shown in 

Table 13. 

TABLE 13—SABLEFISH TRIP LIMITS FOR LIMITED ENTRY AND OPEN ACCESS SECTORS NORTH AND SOUTH OF 36° N LAT. 

Sector Area Jan–Feb Mar–Apr May–Jun Jul–Aug Sept–Oct Nov–Dec 

Limited entry ..................... north of 36° N lat ............ 1,200 lb/week; not to exceed 3,600 lb bi-monthly. 

south of 36° N lat ........... 2,000 lb/week. 

Open Access .................... north of 36° N lat ............ 300 lb daily, or one landing per week up to 1,000 lb, not to exceed 2,000 lb bi-monthly. 

south of 36° N lat ........... 300 lb daily, or 1 landing per week up to 1,600 lb, not to exceed 3,200 lb bimonthly. 

Minor Slope Rockfish and Darkblotched 

Rockfish Trip Limits 

In the 2017–18 biennium, the trip 

limit for minor slope rockfish and 

darkblotched rockfish for the OA sector 

was linked to the landed weight of 

sablefish for the trip. The current trip 

limit for minor slope rockfish and 

darkblotched rockfish north of 40°10′ N 

lat. is no more than 25 percent of the 

landed weight of sablefish per trip, 

which corresponds to a maximum of 

500 lb (227 kg) bi-monthly (25 percent 

of the 2,000 lb (907 kg) bi-monthly limit 

of sablefish). This is an aggregate limit 

for all stocks combined. For 2019–20, 

the Council proposed and NMFS is 

recommending decoupling this limit 

from the landed weight of sablefish and 

instead creating a stand-alone trip limit 

for minor slope rockfish and 

darkblotched rockfish of 500 lb (227 kg) 

per month (all stocks combined). The 

new limit would be double the current 

limit. The Council recommended and 

NMFS is proposing the new trip limit 

structure because it would be simpler 

for OA participants to abide by and 

would better allow them to retain more, 

and discard less, of their incidental 

catches. 

Canary Rockfish Trip Limits 

The Council recommended and 

NMFS is proposing that canary rockfish 

retention would be permitted in the 

LEFG sector between 40°10′ N latitude 

and 34°27′ N latitude, with a trip limit 

of 300 pounds per two months. For the 

area south of 34°27′ N latitude, the trip 

limit would be the same, except for a 

closure during Period 2 (March-April). 

For OA, the structure would be similar, 

with a 150 lb (68 kg) per two months 

limit, and a closure during Period 2 

(March-April) south of 40°10′ N 

latitude. These proposed closures for 

the canary rockfish trip limits would 

align with the trip limit structure for the 

Minor Shelf Rockfish, Deeper Nearshore 

Rockfish, Shallow Nearshore Rockfish, 

California scorpionfish, and lingcod 

south of 40°10′ N lat. Establishing a 

canary rockfish bi-monthly trip limit 

that matches the Shelf Rockfish trip 

limit would provide a uniform approach 

for monitoring, management, and law 

enforcement. Table 14 shows the 

proposed trip limits for 2019 and 2020 

for canary rockfish. 


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TABLE 14—PROPOSED CANARY ROCKFISH TRIP LIMITS FOR LIMITED ENTRY AND OPEN ACCESS SECTORS

Sector Area Jan–Feb Mar–Apr May–Jun Jul–Aug Sept–Oct Nov–Dec 

Limited entry ..................... N of 40°10′ N lat ............ 300 lb/2 months. 

40°10′ N lat.—34°27′ N 

lat.

300 lb/2 months. 

S of 34°27′ N lat ............. 300 lb/2 

months.

CLOSED .... 300 lb/2 months. 

Open Access .................... N of 40°10′ N lat ............ 150 lb/2 months. 

S of 40°10′ N lat ............. 50 lb/2 

months.

CLOSED .... 150 lb/2 months. 

Lingcod Trip Limits 

Lingcod is managed north and south 

of 40°10 ́ N lat. The Council 

recommends OFLs, ABCs, ACLs, and 

HGs separately for each of these stocks. 

Historically, the Council has also 

recommended trip limits for LEFG and 

OA for each of these two stocks. For 

2019–20, the Council proposed and 

NMFS is recommending two separate 

LEFG and OA trip limits for lingcod 

north of 40°10 ́ N lat.: one set of trip 

limits for the area north of 42° N lat., 

and one set of trip limits for the area 

between 42° N lat. and 40°10 ́ N lat. The 

new latitude break would allow more 

flexibility for alternative management 

strategies by state agencies to promote 

fishing opportunity while staying 

within state-specific yelloweye rockfish 

shares. In addition, this new latitude 

break aligns with the 42° N lat. 

latitudinal break used in the stock 

assessment (see Section A.2.6 of 

Appendix A of the Analysis). This 

proposed rule would establish a trip 

limit for LEFG of 2,000 lb (907 kg) per 

2 months for the area north of 42° N lat. 

and a trip limit of 1,400 lb (635 kg) per 

2 months for the area between 42° N lat. 

and 40°10 ́ N lat. For OA, this rule 

would establish a trip limit of 900 lb 

(408 kg) per 2 months for the area north 

of 42° N lat., and a trip limit of 600 lb 

(272 kg) per 2 months for the area 

between 42° N lat. and 40°10 ́ N lat. 

Overall, the lingcod trip limits proposed 

for 2019–20 are higher than those in 

place in 2018, which is possible due to 

higher ACLs for co-occurring yelloweye 

rockfish. Table 15 below shows 

proposed trip limits for lingcod north of 

40°10 ́ N lat. 

TABLE 15—PROPOSED LINGCOD TRIP LIMITS NORTH OF 40°10′ N LAT. 

Sector Area Jan–Feb Mar–Apr May–Jun Jul–Aug Sept–Oct Nov–Dec 

Limited entry ..................... North of 42° N lat ........... 2,000 lb/2 months. 

42° N Lat. to 40°10 ́ N lat 1,400 lb/2 months. 

Open access .................... N of 42° N lat ................. 900 lb/month. 

42° N Lat. to 40°10 ́ N lat 600 lb/month. 

For lingcod south of 40°10 ́ N lat., 

ACLs for the 2019–20 biennium are 

lower compared to 2018. Therefore, this 

rule proposes reductions to lingcod trip 

limits for both LEFG and OA. Table 16 

below shows proposed trip limits. 

TABLE 16—PROPOSED LINGCOD TRIP LIMITS SOUTH OF 40°10 ́ N LAT. 

Sector Area Jan–Feb Mar–Apr May–Jun Jul–Aug Sept–Oct Nov–Dec 

Limited entry ..................... 200 lb/2 months ............. CLOSED .... 800 lb/2 

months.

1,200 lb/2 months 600 lb/ ........

month .........

300 lb/ 

month. 

Open Access .................... 300 lb/month .................. CLOSED .... 300 lb/month. 

Shortspine and Longspine Rockfish Trip 

Limits 

Retention of shortspine and longspine 

thornyheads is currently prohibited 

year-round for the OA sector north of 

34°27 ́ N lat. This proposed rule would 

provide a 50 lb (23 kg) per month trip 

limit for shortspine and longspine 

thornyheads north of 40°10 ́ N lat. only. 

Retention would continue to be 

prohibited for OA from 40°10 ́ N lat. to 

34°27 ́ N lat. The Council recommended 

and NMFS is proposing this trip limit 

based on an industry recommendation 

to allow retention of incidental catches. 

The current retention prohibition is 

likely a holdover from when there were 

separate LEFG and OA allocations of 

thornyheads under the nontrawl 

allocation. OA attainment of longspine 

and shortspine thornyheads north of 

34°27 ́ N latitude would be expected to 

remain low under this proposed rule, as 

they continue to be an incidental catch 

rather than a targeted stock. 

Primary Sablefish Tier Limits 

Some limited entry fixed gear permits 

are endorsed to receive annual sablefish 

quota, or tier limits. Vessels registered 


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with one, two, or up to three of these 

permits may participate in the primary 

sablefish fishery. The proposed tier 

limits are as follows: in 2019, Tier 1 at 

47,637 lb (21,608 kg), Tier 2 at 21,653 

lb (9,822 kg), and Tier 3 at 12,373 lb 

(5,612 kg). In 2020 and beyond, the 

following annual limits are in effect: 

Tier 1 at 48,642 lb (22,064 kg), Tier 2 

at 22,110 lb (10,029 kg), and Tier 3 at 

12,634 lb (5,731 kg). 

H. Recreational Fisheries 

This section describes the recreational 

fisheries management measures 

proposed for 2019–20. The Council 

primarily recommends depth 

restrictions and groundfish conservation 

areas (GCAs) to constrain catch within 

the recreational harvest guidelines for 

each stock. Most of the changes to 

recreational management measures are 

modifications to existing measures. 

Washington, Oregon, and California 

each proposed, and the Council 

recommended, different combinations 

of seasons, bag limits, area closures, and 

size limits for stocks targeted in 

recreational fisheries. These measures 

are designed to limit catch of overfished 

stocks found in the waters adjacent to 

each state while allowing target fishing 

opportunities in their particular 

recreational fisheries. The following 

sections describe the recreational 

management measures proposed in each 

state. 

Washington 

The state of Washington manages its 

marine fisheries in four areas: Marine 

Area 1 extends from the Oregon/ 

Washington border to Leadbetter Point; 

Marine Area 2 extends from Leadbetter 

Point to the mouth of the Queets Rivers; 

Marine Area 3 extends from the Queets 

River to Cape Alava; and Marine Area 

4 extends from Cape Alava to the Sekiu 

River. This proposed rule would align 

the lingcod season in Marine Area 4 

with the recreational groundfish season 

and the lingcod season in Marine Areas 

1–3. This adjustment would allow for an 

additional month of fishing in Marine 

Area 4 compared to 2018. Additionally, 

the proposed rule would allow retention 

of yellowtail and widow rockfish 

seaward of 20 fm (37 m) in July and 

August in Marine Areas 3 and 4. The 

aggregate groundfish bag limits off 

Washington would continue to be nine 

fish in all areas. However, the sub-bag 

limit for canary rockfish, previously 2 

fish in all marine areas, would be 

removed, and the cabezon sub-bag limit 

would be changed from two fish per day 

to one fish for all marine areas. 

Additionally, this rule proposes 

removing the 18-in (45.7-cm) minimum 

size limit for cabezon in Marine Area 4. 

The Council recommended these 

changes, which allow more access to 

target stocks with fewer restrictions, 

supported by the proposed increases to 

the yelloweye rockfish ACL described in 

Section C of this rule. 

Consistent with the 2017–18 

biennium, the Council proposed 

continuing to prohibit recreational 

fishing for groundfish and Pacific 

halibut inside the North Coast 

Recreational Yelloweye Rockfish 

Conservation Area (YRCA), a C-shaped 

closed area off the northern Washington 

coast, the South Coast Recreational 

YRCA, and the Westport Offshore 

YRCA. Coordinates for YRCAs are 

defined at § 660.70. 

Oregon 

The Council proposed that Oregon 

recreational fisheries in 2019–20 would 

operate under the same season 

structures and GCAs as provided for 

2017–18. This rule also proposes to 

allow all-depth fishing in April, May, 

and September. The Council’s proposed 

expansions to fishing-depth access 

during these months is supported by the 

proposed increased yelloweye rockfish 

ACL, described in section II (Harvest 

Specifications) C, entitled, ‘‘Proposed 

ACLs for 2019 and 2020,’’ of this 

preamble. The Council proposed 

maintaining the 2017–18 aggregate bag 

limits and size limits in Oregon 

recreational fisheries. The proposed 

limits are: three lingcod per day, with a 

minimum size of 22 in (56 cm); 25 

flatfish per day, excluding Pacific 

halibut; and a marine fish aggregate bag 

limit of 10 fish per day, where cabezon 

have a minimum size of 16 in (41 cm). 

California 

The Council manages recreational 

fisheries off of California in five separate 

management areas. Season and area 

closures differ between California 

management areas to limit incidental 

catch of overfished stocks while 

providing as much recreational fishing 

opportunity as possible. The Council’s 

proposed California season structure 

includes additional time and depth 

opportunities, which are supported by 

the proposed increase to the yelloweye 

rockfish ACL described in Section C. 

Table 17 shows the proposed season 

structure and depth limits by 

management area for 2019 and 2020. 

The Council recommended that size, 

bag, and sub-bag limits would remain 

the same as for 2018 for all stocks 

except for lingcod. To keep within 

allowable limits, the lingcod bag limit 

would be split into separate limits for 

north (42° N lat. (California/Oregon 

border) to 40°10′ N lat. (Northern 

Management Area)) and south (40°10′ N 

lat. to the U.S. border with Mexico 

(Mendocino Management Area, San 

Francisco Management Area, Central 

Management Area, and Southern 

Management Area)). The Council 

proposed maintaining the limit in the 

north area at 2 lingcod per day, but 

recommended reducing the limit in the 

south area to 1 lingcod per day (down 

from 2 in 2018). Additionally, this rule 

proposes to allow year-round retention 

of California scorpionfish in all 

management areas, which is supported 

by the proposed increase in the ACL for 

this stock in 2019–20 described in 

section II (Harvest Specifications), C, 

entitled ‘‘Proposed ACLs for 2019 and 

2020,’’ in this preamble. 


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I. Salmon Bycatch Mitigation Measures 

In December 2017, NMFS completed 

an Endangered Species Act (ESA) 

consultation on the continued 

implementation of the PCGFMP and 

published a Biological Opinion 

(available at http://www.pcouncil.org). 

As part of its proposed action for the 

consultation, the Council estimated 

Chinook and coho catch in the whiting 

and non-whiting groundfish fisheries. 

The Council estimated that the whiting 

sector (including tribal and non-tribal 

vessels in the mothership, catcher/ 

processor (C/P), and Shoreside whiting 

fleets) would take 11,000 Chinook 

salmon and 474 coho salmon, and the 

non-whiting sector (including tribal and 

non-tribal vessels in the Shoreside 

trawl, fixed gear, and recreational fleets) 

would take 5,500 Chinook salmon and 

560 coho salmon. 

Additionally, the Council included in 

its proposed action a reserve amount of 

Chinook, 3,500 fish, in the event that 

bycatch increases unexpectedly. The 

reserve is a safeguard against catch 

exceeding the total Chinook take 

estimate, which is an immediate trigger 

for reinitiation under section 7 of the 

ESA. Either the whiting or non-whiting 

sector, or both sectors, may access the 

reserve in a given year, but the reserve 

is limited to 3,500 Chinook total. Access 

to the reserve is not guaranteed for 

either sector. Accessing the reserve in 

three out of any five consecutive years 

will also trigger reinitiation of the ESA 

consultation. 

The incidental take statement (ITS) 

includes six reasonable and prudent 

measures (RPMs) that require the 

Council and NMFS to take certain 

actions to minimize take of endangered 

and threatened Chinook and coho 

salmon in Pacific Coast groundfish 

fisheries. These RPMs are nondiscretionary, and were developed 

based on the Biological Opinion’s 

analysis of the Pacific Coast groundfish 

fishery’s interactions with salmon. The 

ITS provides terms and conditions 

(T&C) under each RPM that are also 

non-discretionary, and are required to 

implement each specific RPM. Actions 

performed in compliance with the terms 

and conditions of the ITS are not 

considered to be prohibited taking 

under the ESA. 

The Biological Opinion required that 

specific T&Cs from the ITS must be 

considered within the 2019–20 biennial 

harvest specifications and management 

measures process. These include: (1) 

Review existing mechanisms in the 

PCGFMP and regulations for avoiding 

and reducing salmon bycatch to 

determine if these measures are 

adequate to allow for timely inseason 

management to keep the sectors from 

exceeding their bycatch guidelines (T&C 

2.a); (2) develop and implement initial 

regulations governing the reserve of 

3,500 Chinook salmon (T&C 3.a); and (3) 

develop automatic closure mechanisms 

if sectors exceed their bycatch guideline 

and/or the reserve (T&C 3.c). 

At its March 2018 meeting, the 

Council’s Groundfish Management 

Team (GMT) reviewed current 

monitoring provisions in the PCGFMP, 

existing mitigation measures, and 

historical industry bycatch avoidance 

tactics (see Section C.2 of Appendix C 

of the Analysis). Additionally, the GMT 

investigated salmon bycatch data by 

area, depth, and time for the whiting 

and non-whiting midwater trawl sectors 

to determine if depth restrictions would 

be effective for reducing salmon bycatch 

(see Section C.3 of Appendix C of the 

Analysis). As a result of that review, the 

Council recommended modifications to 

existing depth-based management tools 

for salmon bycatch mitigation and the 

creation of new depth-based 

management tools to meet T&C 2.a. The 

Council proposed: (1) Eliminating the 

Ocean Salmon Conservation Zone 

(OSCZ); (2) adding a new bycatch 

reduction area (BRA) at the 200 fm (366 

m) depth contour for vessels using 

midwater trawl gear; (3) prohibiting the 

use of midwater trawls and require the 

use of selective flatfish trawls for any 

bottom trawl vessels in the Columbia 

River Salmon Conservation Zone 

(CRSCZ) and the Klamath River Salmon 

Conservation Zone (KRSCZ); and (4) 

implementing automatic closure 

mechanisms for the Chinook salmon 

bycatch guidelines and reserve. The 

Council and NMFS will continue to 

implement other terms and conditions 

in future rulemakings. 

The proposed salmon bycatch 

mitigation measures would protect ESAlisted salmon species, and help 

maintain bycatch below the bycatch 

guideline limits described in the 

proposed action of the Biological 

Opinion. Three of the four proposed 

measures would benefit salmon by 

managing bycatch in the groundfish 

fisheries. The Council proposed 

removing the OSCZ because the 

Analysis suggested that this existing 

provision is ineffective for reducing 

salmon bycatch. 

Ocean Salmon Conservation Zone 

The OSCZ consists of all waters 

shoreward of a boundary line 

approximating the 100 fm (183 m) depth 

contour. When NMFS projects that the 

Pacific whiting fishery (tribal and nontribal) may take in excess of 11,000 

Chinook salmon within a calendar year, 

NMFS implements a coastwide closure 

in the OSCZ for all sectors (Pacific 

whiting IFQ fishery, the catcher/ 

processor (C/P) sector, and the 

mothership sector) through automatic 

action. The OSCZ was first 

implemented as an emergency rule, 

effective from August 26, 2005, to 

February 27, 2006 (70 FR 51682; August 

31, 2005) as a means to reduce Chinook 

salmon bycatch rates in nearshore areas. 

NMFS later permanently added the 

OSCZ as mechanism to limit Chinook 

salmon interactions in the whiting 

fishery during periods of high bycatch 

(71 FR 78657; December 29, 2006). 

NMFS has used this depth-based 

management tool only once since 

implementation. On October 20, 2014, 

NMFS closed the OSCZ to Pacific 

whiting vessels after determining the 

Pacific whiting fishery took over 11,000 

Chinook salmon. 

The GMT concluded through its 

review that the OSCZ provision is not 

an effective tool for salmon bycatch 

mitigation. Catch data from 2004 to 

2017 demonstrates that, even in high 

bycatch years, Chinook salmon catch in 

the Pacific whiting fishery is not likely 

to reach the 11,000 fish threshold until 

the fall, around October. The C/P sector 

and the mothership sector have not 

fished in the depths within the OSCZ 

after October since 2011, and the Pacific 

whiting IFQ fishery has had minimal 

activity within the depths of the OCSZ 

after the fall (see section C.1.4 of 

Appendix C of the Analysis). Therefore, 

by the time the OSCZ would be 

triggered by Chinook bycatch in the 

groundfish fishery, none of the sectors 

would be fishing in the area that would 

be closed. For these reasons, NMFS 

proposes to remove the OCSZ provision 

from the regulations. Because this 

provision has limited utility as a 

bycatch management tool, NMFS does 

not expect any discernable effects from 

removing this provision from the 

regulations. 

Bycatch Reduction Areas (BRAs) 

BRAs are depth-based management 

provisions used to close waters 

shallower than a specified depth 

contour to fishing in order to minimize 

impacts to groundfish or any prohibited 

or protected species, such as salmon. 

Under current regulations, NMFS, in 

consultation with the Council and 

through the routine management 

process, can implement BRAs to close 

areas shoreward of the 75-, 100-, and 

150-fm (137-, 183-, and 274-m) depth 

contours for a specific sector (i.e., C/P, 

mothership, whiting IFQ, and Shoreside 

IFQ Program non-whiting midwater). 


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BRAs are also available through 

automatic action if a whiting sector is 

projected to reach or exceed a sectorspecific groundfish allocation prior to 

attaining the whiting allocation. 

However, the 75-, 100-, and 150-fm 

(137-, 183-, and 274-m) BRAs are not 

currently available for salmon bycatch 

mitigation for any of the sectors and are 

not proposed to be modified through 

this action. 

The Council recommended adding the 

200-fm (366-m) depth contour as a BRA 

available for implementation through 

routine inseason action to mitigate 

salmon bycatch in any of the groundfish 

midwater trawl sectors. The groundfish 

midwater trawl sectors subject to this 

area closure would be the Pacific 

whiting IFQ fishery, the C/P sector, and 

the mothership sector, as well as the 

non-whiting midwater trawl sector, 

which primarily targets widow rockfish 

and yellowtail rockfish. If the Council 

and NMFS implemented the 200-fm 

(366-m) BRA during a fishing season, 

vessels using midwater trawl gear to 

target either whiting or non-whiting 

groundfish would be excluded from 

waters shoreward of the 200-fm (366-m) 

depth contour, but would still be 

allowed to fish in waters seaward of 

200-fm (366-m). This action would only 

apply to non-tribal midwater trawl 

vessels. NMFS expects that the Tribes 

would implement area management 

measures to mitigate salmon bycatch, if 

necessary. 

The Council and NMFS monitor the 

salmon bycatch rates of the fleet 

inseason. If any sector’s bycatch rates 

exceed those considered in the 

Biological Opinion, the Council and 

NMFS could take inseason action to 

implement the BRA for any of the 

midwater trawl sectors. The effects of 

this proposed action would depend on 

these sectors’ ability to fish in areas 

deeper than 200 fm (366 m). Section 

C.1.4 of Appendix C of the Analysis 

contains a description of the recent 

catch data by depth. The shoreside 

whiting trawl sector, and especially the 

non-whiting midwater trawl sector, 

would likely have limited or no ability 

to fish seaward of 200 fm (366 m) due 

to horsepower restrictions and because 

the catch targets (canary rockfish, 

widow rockfish, yellowtail rockfish) are 

primarily found in shallower depths. 

The sectors that would be unable to 

effectively operate if the proposed BRA 

were put into place would experience 

negative economic effects from this 

action. The level of economic impacts 

would depend on when the BRA was 

implemented. The non-whiting 

midwater trawl fishery typically lands a 

significant portion of its catch later in 

the year. Thus, if NMFS were to 

implement a BRA after October, a 

prohibition on fishing shoreward of 200 

fm (366 m) could significantly reduce 

this fleet’s landings of canary, 

yellowtail, and widow rockfish. As 

discussed in Section 4.3.1.1 of the 

Analysis, on average, the non-whiting 

midwater trawl fleet lands 25.8 percent 

of its target stocks from October to 

December. 

The at-sea sectors have historically 

been able to fish seaward of 200 fm (366 

m), but in limited capacity. The MS 

sector’s capacity to fish seaward of 200 

fm (366 m) is particularly limited. 

Additionally, data from the C/P and MS 

sector from 2011 to 2017 has shown 

higher amounts of incidental catch of 

spiny dogfish, yellowtail rockfish, and 

widow rockfish seaward of 200 fm (366 

m), compared to shoreward of 200 fm 

(Section C.1.4 of Appendix C of the 

Analysis). Therefore, if NMFS 

implements the 200-fm (366-m) BRA 

and sectors choose to fish seaward of 

200 fm (366 m) due to salmon bycatch 

concerns, there could be increased 

incidental catch of these stocks. 

Incidental catch of widow rockfish by 

the at-sea sector is managed under an 

allocation, while catch of yellowtail 

rockfish is managed under a set-aside 

for the sector. Allocations are managed 

more closely than set-asides. If an 

allocation is exceeded, the fishery is 

closed. Set-asides are generally managed 

on an annual basis unless there is a risk 

of overall catch exceeding an ACL for 

the stock, unforeseen impacts on 

another fishery, or conservation 

concerns, in which case inseason action 

may be taken. The at-sea sector’s catch 

of both of these stocks has been at or 

below allowable amounts in recent 

years. For yellowtail rockfish, the 

overall attainment of the ACL was 

around 50 percent, so even if at-sea 

catch increased, NMFS does not expect 

the risk of exceeding the ACL to change. 

Catch of spiny dogfish is managed 

under an HG for the entire Pacific Coast 

groundfish fishery, which ensures catch 

will remain below the ACL for this 

stock. 

This proposed action, if approved, 

would use the existing regulations for 

inseason actions, which allow a single 

meeting process. If the Council and 

NMFS determine that any of the 

midwater trawl sectors is encountering 

Chinook salmon at a bycatch rate above 

that analyzed in the Biological Opinion, 

NMFS could issue a single Federal 

Register notice to implement the BRA, 

provided that waiver of notice and 

comment meet the requirements of the 

Administrative Procedure Act. 

Columbia River Salmon Conservation 

Zone and the Klamath River Salmon 

Conservation Zone 

This proposed action would also close 

the CRSCZ and the KRSCZ to all 

midwater trawling and to bottom 

trawling, unless vessels are using a 

selective flatfish trawl (SFFT). This 

action is a term and condition of the 

Biological Opinion. Under current 

regulations, vessels using midwater 

trawl gear in the Pacific whiting primary 

season are prohibited from fishing in the 

CRSCZ and the KRSCZ. This proposed 

action would extend the area 

prohibition to vessels using midwater 

trawl gear to target rockfish, including 

widow rockfish and yellowtail rockfish, 

a reemerging fishery following the 

rebuilding of widow rockfish in 2012. 

Additionally, this proposed action 

would maintain protection for these 

areas that is currently included under a 

blanket requirement that groundfish 

trawl vessels use SFFT gear shoreward 

of the trawl RCA north of 40°10′ N lat. 

Both the CRSCZ and KRSCZ are located 

inside this area. NMFS proposed 

removing this blanket requirement in a 

separate proposed rule. This proposed 

action would reestablish the SFFT 

requirement inside the CRSCZ and 

KRSCZ. 

Bycatch Guideline and Reserve 

Management 

This proposed action would create a 

provision in the regulations to give 

NMFS automatic authority to close 

either or both of the whiting and nonwhiting sector fisheries if: (1) Either 

sector catches its guideline limit and the 

reserve amount; or (2) either sector 

reaches its guideline limit when the 

other sector has already taken the 

reserve amount. The closure would be 

effective until the end of the fishing year 

on December 31. This proposed measure 

is a term and condition of the Biological 

Opinion. However, the Council and 

NMFS intend to use other available 

tools, including area management tools, 

to help manage salmon bycatch prior to 

guideline limits being taken, with the 

result of sectors being closed for the 

remainder of the fishing year. 

The proposed action organizes the 

various sectors of the Pacific Coast 

groundfish fishery into one of two 

groupings: The whiting sector and the 

non-whiting sector. The whiting sector 

includes the tribal and non-tribal Pacific 

whiting IFQ fishery, the C/P sector, and 

the mothership sector. The non-whiting 

sector includes the tribal and non-tribal 

Shoreside IFQ Program, the LEFG 

fishery, the OA fishery, and the 

recreational fisheries off of Washington, 


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Oregon, and California. The proposed 

action includes only select recreational 

fisheries that are not accounted for in 

pre-season salmon modeling. The 

recreational fisheries not accounted for 

in preseason salmon modeling are those 

occurring outside of the open salmon 

seasons and the Oregon longleader 

fishery. Any Chinook salmon bycatch in 

these fisheries must be attributed to the 

non-whiting threshold, and these 

fisheries are subject to potential 

closures. Chinook salmon bycatch from 

each fishery accrues to the larger sector 

(i.e., whiting or non-whiting) level. As 

described in the Biological Opinion, 

access to the reserve for additional 

Chinook salmon bycatch above the 

sector’s guideline limit is not 

guaranteed. However, if one sector 

surpasses its guideline limit, it may be 

allowed to continue fishing, with 

additional salmon bycatch accounted 

for within the reserve. Under such a 

scenario, if the sector’s bycatch reached 

the reserve limit, all fisheries within 

that sector would be subject to an 

automatic closure. If one sector is 

allowed to access the reserve in a given 

calendar year, then the other sector, 

upon reaching its guideline limit, would 

be subject to an automatic closure rather 

than potentially being able to access the 

reserve. 

Under the existing regulations for 

automatic actions at § 660.60(d), a 

closure notice would be published in 

the Federal Register and be effective 

immediately for all fisheries within 

either or both of the whiting or nonwhiting sectors. NMFS waives notice 

and comment under the Administrative 

Procedure Act if good cause exists. 

Section C.1.4 of Appendix C of the 

Analysis describes the effects of this 

proposed action on the whiting and 

non-whiting sectors under different 

scenarios, based on potential closures 

lasting from either October or December 

through the remainder of the fishing 

year. Under any of the closure scenarios, 

the effect on groundfish would be 

reduced landings and underattainment 

of the ACL for target stocks. The 

economic effects of this action are 

greatest under an October closure 

scenario, and are least under a 

December closure scenario. 

The Analysis discusses that both the 

bottom trawl and non-whiting midwater 

trawl sectors typically have high catch 

after October. Section 4.3.1.1 estimates 

that an October closure would have the 

greatest effect on the C/P fleet because, 

on average, this fleet catches 45 percent 

of its whiting catch between October 

and the end of the year. Under the 

December closure scenario, the average 

percentage of target catch that could 

potentially be left unharvested ranges 

from 0.5 percent for the Shoreside 

whiting fleet to 13 percent for the 

nonwhiting midwater trawl fleet. 

Overall, Section C.4 of Appendix C of 

the Analysis estimates that a closure 

starting in October could have an 

economic impact of $138.6 million in 

income and 2,083 jobs for the Pacific 

Coast groundfish fishery as a whole, 

assuming no fishery effort substitutions 

to offset losses. For the low impact 

(December only closure) scenario, the 

Analysis estimates the impact to be 

losses of $24.6 million in income and 

349 jobs. 

Whether or not there will be an 

economic impact of a closure depends 

upon the likelihood that a closure 

would occur. Since 2002, when the 

West Coast Groundfish Observer 

Program (WCGOP) first began 

monitoring the groundfish fishery, the 

whiting sector (including the at-sea, 

shorebased, and tribal components) has 

taken more than 11,000 Chinook in two 

years, in 2005 and in 2014. In the nonwhiting sector, the bottom trawl fleet 

takes the majority of the salmon 

bycatch. Since 2002, the bottom trawl 

fleet has taken more than 5,500 Chinook 

twice, in 2002 and 2003. Overall, over 

the last 15 years, there has never been 

a situation where both sectors exceeded 

their guideline levels at the same time. 

Therefore, NMFS believes that it is 

unlikely that a closure would be 

triggered. However, the closure 

mechanisms are a term and condition of 

the Biological Opinion and are, 

therefore, included in this proposed 

rule. Such a mechanism would serve to 

limit impact on listed salmon in 

extraordinary circumstances. 

J. Modifications to Depth Restrictions 

Within the Western CCA 

This proposed action would modify 

the allowed fishing depths from 20-fm 

(37-m) to 40-fm (73-m) for the 

commercial fixed gear fishery and the 

recreational fishery inside the Western 

Cowcod Conservation Area (CCA). This 

action would also add new waypoints 

approximating the 30-fm (55-m) and 40- 

fm (73-m) depth contours around Santa 

Barbara Island, San Nicolas Island, 

Tanner Bank, and Cortes Bank, because 

waypoints approximating these 

contours do not exist at these depths 

currently. Fisheries are allowed to 

operate in areas shallower than the 

depth limit. This proposed action is 

intended to allow additional 

opportunities for commercial fixed gear 

and recreational vessels to target healthy 

stocks (nearshore rockfish, shelf 

rockfish, cabezon, kelp greenling, 

California scorpionfish, and lingcod), 

while still closing the depths where the 

overall density of cowcod is the greatest 

to provide protections as the stock 

continues to rebuild. 

The Council originally established 

two CCAs (Western and Eastern) in 2001 

as area closures to promote cowcod 

rebuilding. These area closures 

prohibited fishing in the main portion of 

cowcod’s depth range (overall 

distribution 22 to 270-fm (40 to 494-m), 

with the highest density from 100 to 

130-fm (183 to 238-m)) to reduce 

encounters and mortality to allow the 

stock to rebuild more quickly. The 

Western CCA encompasses 5,126-mi2

(13,276-km2) and is located in the 

Southern California Bight south of Point 

Conception. The CCA is also expected 

to provide protections for bronzespotted 

rockfish, a stock with similar life history 

characteristics, habitat associations, and 

vulnerability to fishing as cowcod. 

Commercial landings of bronzespotted 

dropped in the late 1980s and have 

remained at low levels from 1990 to 

present. 

Under the current regulations, 40.4- 

mi2 (104.6 km2) (or less than 1 percent 

of the entire CCA) is open to fishing due 

to the 20-fm (37-m) depth restriction. By 

increasing the depth to a 40-fm (73-m) 

depth restriction, this proposed rule 

would increase the fishable area to 

150.4- mi2 (389.5-km2). 

In the 2009–10 biennial specifications 

and management measures, the Council 

recommended modifying the 

recreational depth restrictions inside the 

CCA to 30-fm (55-m). NMFS 

disapproved this recommendation in 

the final rule (76 FR 27508; May 11, 

2011), because there was limited 

information on the impacts of the 

proposed action on cowcod, especially 

juvenile cowcod, which could delay 

rebuilding. NMFS also indicated that, 

because the ACL for cowcod was low (4 

mt at that time), any measures that 

potentially increased cowcod mortality 

required better information on potential 

biological and economic effects. At the 

time of NMFS’ disapproval, cowcod was 

at 4.5 percent of unfished biomass with 

a projected time to rebuild of 2071. 

Since the 2009–10 disapproval, the 

NWFSC conducted a new stock 

assessment for cowcod (assessed in 

2013). The 2013 assessment concluded 

that the stock is rebuilding much more 

quickly than anticipated under its 

rebuilding plan. Cowcod is expected to 

be rebuilt by 2020, assuming full 

removal of the ACL, which is 48 years 

ahead of the target end date for the 

rebuilding plan. Over the past several 

years, cowcod harvest has consistently 

been far below the ACL (see Section C.6 

of Appendix C of the Analysis). As 


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discussed in section III (Management 

Measures), C, entitled ‘‘Biennial Fishery 

Allocations,’’ of this preamble, NMFS is 

proposing to set the cowcod ACT at 6 

mt for 2019–20. 

The 2013 cowcod assessment 

explored ecosystem interactions and 

updated habitat preferences of juvenile 

cowcod based on research published 

since the previous full assessment in 

2007. The stock assessment identified 

young of the year fish as being 

distributed between 52 and 277-m (28– 

151-fm), with juveniles found slightly 

deeper. NMFS survey data and recent 

catch data from observed trips inside 

the Western CCA encountered no 

cowcod (juvenile or adult) within the 

proposed depth openings (see Section 

C.6 of Appendix C of the Analysis). 

Overall, the proposed measure is not 

expected to result in increased cowcod 

encounters, because the highest 

densities of cowcod are found outside of 

the depths in which this measure would 

allow commercial fixed gear and 

recreational fishing. Additionally, the 

proposed measure is not expected to 

increase mortality for bronzespotted 

rockfish, because this stock is found 

between 41-fm (75-m) and 205-fm (375- 

m), which is outside the depth range of 

the proposed action. 

The Council recommended this 

measure because the additional data on 

habitat usage from the 2013 stock 

assessment, the improved cowcod stock 

trajectory, and the higher ACT for 

cowcod demonstrate that there would 

be no adverse impacts expected for 

cowcod from this action. The expected 

benefits of this action for the 

commercial and recreational fleets are 

described separately below. 

Commercial 

This proposed action would allow 

greater access to valuable and 

underattained stocks in this remote area. 

Recent commercial fixed gear fishing 

effort has been very low within the 

Western CCA due to limited 

opportunities within the current depth 

restrictions. The proposed depth 

changes within the CCA would allow 

greater access to deeper stocks and 

would create an economic incentive for 

vessels to make trips to the area. NMFS 

expects that a modest increase in the 

number of fixed gear vessels fishing in 

this area may occur as a result of this 

proposed action; however the 

magnitude of increase is difficult to 

quantify. A redistribution of depth of 

catch is also expected as a result of the 

increased depths available for fishing. 

The effects on groundfish of any 

increase in effort would be limited 

through the existing 2-month trip limits 

delineated in Table 2 (South) to part 

660.330. 

Recreational 

This proposed action would allow 

recreational fishing within the Western 

CCA out to 40 fathoms (73 m). NMFS 

expects this measure would increase the 

catch of target stocks, including shelf 

rockfish, bocaccio, deeper nearshore 

rockfish, and lingcod. The proposed 

action would also be expected to reduce 

pressure on shallower nearshore 

rockfish stocks by allowing access to 

currently inaccessible desirable 

nearshore (i.e., copper rockfish) and 

shelf rockfish (i.e., vermilion rockfish) 

found in deeper waters. 

NMFS expects that this action would 

result in an increase in the number of 

angler trips, and an increase in the 

amount of recreational catch, and result 

in a redistribution of depth of catch. 

Allowing access to deeper depths inside 

the Western CCA is expected to increase 

the number of groundfish trips between 

10 percent and 20 percent, particularly 

out of Ventura and Los Angeles, given 

the proximity of these ports to the 

Western CCA (see Section C.7 of 

Appendix C of the Analysis). This 

would provide additional revenues to 

charter boat crews in the form of fish 

processing and tips. 

K. Modification of Lingcod and 

Sablefish Discard Mortality Rates 

This rule proposes to modify the 

discard mortality rates (DMRs) for 

lingcod and sablefish used to debit IFQ 

accounts in the Shorebased IFQ 

Program. Currently, NMFS debits IFQ 

accounts for 100 percent of all catch of 

these stocks, regardless of survival after 

discarding. The Council recommended 

implementing lower discard mortality 

rates for lingcod and sablefish to match 

those endorsed by the SSC and used for 

year-end groundfish catch accounting. 

For many other stocks, the best 

scientific information available does not 

indicate discard survival rates high 

enough to warrant consideration of a 

survival credit. The DMRs in Table 18 

reflect the best scientific information 

available. 

TABLE 18—PROPOSED DISCARD MORTALITY RATES FOR LINGCOD AND SABLEFISH

Stock Gear Proposed 

DMR (percent) 

Lingcod ....................................................................................... Bottom trawl ............................................................................... 50 

Fixed gear a ................................................................................ 7 

Sablefish ..................................................................................... Bottom trawl ............................................................................... 50 

Fixed gear a ................................................................................ 20 

aApplies to both pot and hook and line gear. 

By providing IFQ participants with 

discard survival credits for lingcod and 

sablefish, this action better meets some 

of the objectives of the IFQ program, 

such as increased attainments of and 

increased value of IFQ stocks, such as 

Dover sole and thornyheads. In 

addition, this action aligns DMRs with 

those used in year-end catch 

accounting, which creates consistency 

in mortality estimates. This proposed 

action would allow modest increases in 

attainment of co-occurring target stocks, 

and increase marketability and value of 

retained catch by eliminating the need 

to retain small fish that are not 

economically marketable or desirable. 

Landings and mortality would be 

expected to increase proportionally by 

the amount of QP savings/gains the 

credit would provide, which for 

sablefish could be a gain of one-half the 

bottom trawl discards (9–21 mt per year) 

and four-fifths the fixed gear discards 

(11–20 mt per year), which could be 

converted into additional landings. 

Therefore, the resulting gains in 

landings of sablefish could be an extra 

5–11 mt for bottom trawl and 9–16 mt 

for fixed gear, which would only be 

about a 1 percent increase in total 

coastwide IFQ mortality of this stock 

(see Section C.5 of Appendix C of the 

Analysis). 

As described in Section C.5 of 

Appendix C of the Analysis, overall, 

this proposed action would not be 

expected to result in substantial changes 

to discarding behavior because there are 

operational costs for discarding in terms 

of labor time for sorting catch, extra 

fishing time necessary to replace the 


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discarded fish, as well as the potential 

risk that further fishing will not result 

in catching larger fish. However, the 

resulting ‘‘savings’’ of trawl sablefish, 

due to a decreased deduction for 

discarded fish, could possibly increase 

landings of co-occurring, underattained 

stocks, such as Dover sole, shortspine 

thornyheads, and longspine 

thornyheads (see Section C.5 of 

Appendix C of the Analysis). Although 

this measure could increase attainment, 

IFQ participants’ total fishing mortality 

would continue to be managed to 

individual and sector allocations, and 

catch would be constrained by the total 

ACL for each stock. 

L. Removal of IFQ Daily Vessel Limits 

Under the Shorebased IFQ Program, a 

quota share (QS) permit authorizes a 

person or group to own QS. A QS 

account is an account that contains QS 

allocations registered to the QS permit 

for IFQ and individual bycatch quota 

(IBQ) stocks. At the beginning of each 

calendar year, NMFS issues quota 

pounds (QPs) to each QS account based 

on the IFQ or IBQ sector allocation. For 

QPs to cover catch (landings and 

discards) by a vessel in the shorebased 

IFQ program, the QS permit owner must 

transfer QPs from the QS account to a 

vessel account. Vessel limits in vessel 

accounts restrict the amount of QPs that 

any vessel can catch or hold. NMFS 

calculates annual QP vessel limits, 

which are a set percentage of the total 

IFQ sector allocation based on formulas 

set through Amendment 20 to the 

PCGFMP. The annual vessel QP limit 

restricts the amount of used and unused 

QP in a vessel account during a fishing 

year. 

NMFS also sets daily vessel limits for 

overfished stocks, which cap the 

amount of overfished stock QPs any 

vessel account can have available in 

their account on a given day. The 

Council and NMFS established daily 

vessel limits to prevent a person from 

acquiring additional QP from others 

before those QP are needed. IFQ sector 

allocations of some overfished stocks 

are low, which creates a strong 

incentive for hoarding of QP for these 

stocks to cover unexpected high catch 

events. This daily limit keeps QP of 

overfished stocks on the market and 

available for trading. The daily limits 

are set equal to the control limits for 

each stock, which limit the amount of 

QS and IBQ that a person, individually 

or collectively, may own or control. 

Because daily limits are set at the level 

of the QS control limits, they have no 

effect on those who only use QP from 

their own QS account. 

Amendment 20 to the PCGFMP 

intended for daily limits to apply for 

overfished stocks. This means that when 

stocks are declared rebuilt, the daily 

limit for that stock must be removed 

through rulemaking. In the 2017–18 

biennium, bocaccio (south), 

darkblotched rockfish, and Pacific ocean 

perch were declared rebuilt, so this 

action proposes to remove the daily 

limits for these stocks. However, 

because the daily vessel limit has been 

ineffective for keeping catch available 

for trading, this rule proposes to 

eliminate the daily limits for all stocks. 

Thus, in addition to bocaccio (south), 

darkblotched rockfish, and Pacific ocean 

perch, this rule also proposed to remove 

daily vessels limits for cowcod (south), 

yelloweye rockfish, and Pacific halibut. 

As explained in in Section C.5 of 

Appendix C of the Analysis, there may 

be strategies to circumvent the daily 

vessel limit. First, vessel owners can 

sign sales contracts in advance, but 

delay transferring QP for a stock until a 

vessel account’s unused QP drops below 

the daily limit. Second, entities can 

temporarily acquire trawl permits and 

use them to establish a second vessel 

account in which they can store QP. 

There is also evidence that the daily 

limit is not constraining for several 

stocks. Table C–65 in the Analysis 

indicates that for the remaining 

overfished stocks and Pacific halibut, 

from 2011 through 2017, there has been 

only one instance of a vessel landing 

more than the daily limit. For the 

recently rebuilt stocks, there has 

generally been at least one vessel 

landing more than the daily limit each 

year for Pacific ocean perch, but this has 

rarely occurred for bocaccio and 

darkblotched rockfish since the start of 

the Shorebased IFQ Program. Because 

the daily limits for the remaining 

overfished stocks and for Pacific halibut 

have not been constraining, NMFS 

expects that eliminating this provision 

would not have a measurable effect on 

the fishery. 

M. Removal of Automatic Authority for 

Darkblotched Rockfish and Pacific 

Ocean Perch Set-Asides for At-Sea 

Sector 

Amendment 21 to the PCGFMP (75 

FR 60867; October 1, 2010) established 

allocations for darkblotched rockfish 

and Pacific ocean perch catch in the atsea sector (C/P and mothership sectors). 

At that time, darkblotched rockfish and 

Pacific ocean perch were overfished, 

and the ACLs and fishery allocations for 

these stocks were low. NMFS has 

authority to take automatic action to 

close the at-sea sector, if necessary, to 

ensure that darkblotched rockfish and 

Pacific ocean perch stays below the 

allocation. In recent years, both of the 

at-sea sectors have exceeded their 

allocations of darkblotched rockfish (the 

C/P sector in 2011, and the mothership 

sector in 2014). The latter resulted in an 

emergency Council meeting, and NMFS 

took emergency action to reopen the 

fisheries (79 FR 67095; November 12, 

2014). However, because the overall 

attainment of the darkblotched rockfish 

ACL had been low, the Council 

recommended and NMFS approved 

Amendment 21–3 to the PCGFMP (83 

FR 757; January 8, 2018). Amendment 

21–3 replaced the at-sea sector Pacific 

ocean perch and darkblotched rockfish 

allocations with sector-specific setasides with a reserve for the C/P and 

mothership sectors. The allocation for 

the at-sea sectors is a percentage of the 

trawl allocation of each stock. 

Set-asides are managed on an annual 

basis unless there is a risk of catch 

exceeding a harvest specification (ACL, 

ACT, or HG) inseason, unforeseen 

impact on another fishery, or 

conservation concerns, in which case 

inseason action may be taken. 

Amendment 21–3 also included a 

reserve, or buffer, for set-asides. The 

buffer is an amount deducted from the 

ACL as part of the process of 

determining the fishery HG (which 

serves as the basis of allocating between 

trawl and nontrawl fisheries), and is 

intended to account for higher than 

expected incidental catch. The buffer for 

darkblotched rockfish and Pacific ocean 

perch was established under 

Amendment 27 to the PCGFMP (82 FR 

9634; February 7, 2017). NMFS has the 

authority to close either at-sea sector if 

it is projected to exceed its set-aside 

value, taking into account the buffer, for 

either darkblotched rockfish or Pacific 

ocean perch. 

Darkblotched rockfish and Pacific 

ocean perch have both been declared 

rebuilt. The proposed 2019–20 ACLs for 

both stocks are higher, reflecting the 

change in stock status. In addition, 

because of the change in stock status, 

there is currently no buffer proposed for 

2019–20. Because of these changes, 

darkblotched rockfish and Pacific ocean 

perch would be managed as de facto 

allocations for the at-sea sectors. This 

proposed rule would remove NMFS’s 

automatic authority to close either 

sector if they exceed their set-aside 

value for these stocks, so that they are 

managed like all other at-sea set-asides 

in the PCGFMP. The Analysis 

demonstrates that the expected risk of 

the at-sea sectors exceeding their setaside values for darkblotched rockfish 

and Pacific ocean perch is low, due to 

low overall attainment in the trawl 


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sector in recent years. In addition, 

because this proposed adjustment 

would remove the risk of shutting down 

the fishery after reaching the set aside, 

it increases the likelihood that the at-sea 

sectors could attain their Pacific whiting 

allocation (see Section C.4 of Appendix 

C of the Analysis). 

N. Continuation of Adaptive 

Management Pass Through 

Under the Amendment 20 Trawl 

Rationalization Program, NMFS reserves 

10 percent of the QS for each of the nonwhiting stocks (including halibut 

individual bycatch quota) each year for 

an adaptive management program. 

While the Council has never used the 

allocation for this purpose, 

conceptually, an adaptive management 

program could distribute the reserved 

QP to fishery participants to address 

adverse effects of the Shoreside IFQ 

program, including impacts to 

community or processor stability, 

conservation concerns, or other effects. 

NMFS could also distribute the reserved 

QPs to facilitate new entrants to 

participate in the groundfish fishery. To 

date, the Council has not recommended 

establishing an adaptive management 

program. Therefore, NMFS has 

distributed (passed through) these QP to 

quota shareholders each fishing year in 

proportion to their QS for each stock. 

This rule proposes that NMFS will 

continue to pass through the QP 

reserved for the adaptive management 

program until the Council recommends 

an alternative use of adaptive 

management program QP. This is an 

administrative measure that would not 

affect fishing opportunity and related 

catch. 

O. Modification of the Incidental 

Lingcod Retention Ratio in the Salmon 

Troll Fishery 

This proposed action would adjust 

the existing incidental retention ratio for 

landing lingcod based on the number of 

Chinook landed in the ocean salmon 

troll fishery in the area north of 40° 10’ 

N. latitude. The purpose of the ratio is 

to allow salmon trollers to retain 

incidentally caught lingcod, but to 

discourage lingcod targeting. Currently, 

participants are allowed to retain 1 

lingcod per 15 Chinook salmon plus 1 

lingcod per trip, up to a trip limit of 10 

lingcod, on a trip where any fishing 

occurs within the nontrawl RCA. This 

limit only applies when lingcod 

retention is allowed. Vessels 

participating in the ocean salmon troll 

fishery must be equipped with a vessel 

monitoring system (VMS) to retain 

incidentally caught groundfish. This 

proposed action would allow retention 

of 1 lingcod per 5 Chinook salmon plus 

1 lingcod per trip, up to a trip limit of 

10 lingcod, on a trip where any fishing 

occurs within the RCA. For 2019–20, 

the lingcod fishery is proposed to be 

open year-round for the open access 

groundfish fishery. The Council can 

adjust the ratio of lingcod retention per 

Chinook landed through inseason 

adjustments, if necessary. 

As Section C.9 of Appendix C of the 

Analysis notes, this action would be the 

first modification of the ratio since it 

was implemented in 2009 (74 FR 9874; 

March 6, 2009). The Council 

recommended this measure because 

there has been an increased rate of 

lingcod encounters as Chinook harvest 

opportunities have declined. This 

increased encounter rate has resulted in 

an increase in regulatory discards of 

lingcod. This proposed action would 

align the lingcod retention limit with 

the true lingcod encounter rate in the 

salmon troll fishery while continuing to 

discourage lingcod targeting. Salmon 

trollers would still to be subject to the 

existing overall limit of 10 lingcod per 

trip and the existing requirement to 

have VMS in order to retain any 

incidentally caught groundfish. NMFS 

does not expect this proposed action 

will create an incentive for salmon 

trollers to target lingcod because these 

vessels would still be restricted to an 

overall limit of 10 lingcod per trip. 

P. Administrative Actions 

NMFS also proposes four minor 

changes to the regulatory text to clarify 

regulatory intent. NMFS proposes to 

add big skate to the LEFG and OA fixed 

gear fisheries trip limit tables, Table 2 

North and Table 2 South to Part 660 

Subpart E, and Table 3 North and Table 

3 South to Part 660 Subpart F. Big skate 

is not currently listed in the trip limit 

table for either the LEFG or OA 

fisheries, and as such is unlimited. 

Adding it to the trip limit tables would 

provide clarity on this existing 

management measure. 

This proposed rule would remove an 

obsolete reference to halibut weight 

provisions at § 660.333(c)(3). The 

obsolete reference originally mirrored a 

provision in California state regulations, 

but the California Department of Fish 

and Wildlife removed this provision 

from state regulations in 2004. 

This proposed rule would clarify the 

application of Amendment 21–3 setaside management of darkblotched 

rockfish and Pacific ocean perch for the 

at-sea sector for both years of the 

biennium in Tables 1b, 2b, 1d, and 2d 

to part 660, subpart C. 

Finally, this action would remove the 

WCGOP priority sampling requirement 

for canary rockfish and bocaccio, 

formerly overfished stocks that were 

declared rebuilt, as requested by the 

Council at their March 2017 meeting. 

Under this requirement, observers are 

required to count and weigh these fish 

on a docked vessel prior to offloading. 

This requirement was implemented to 

prevent vessels from discarding 

overfished stocks for which they may 

have low QP at port prior to offload. 

Under 50 CFR 660.60(c)(1), the Council 

can modify the list of stocks subject to 

this catch monitoring requirement as a 

routine management measure. In March 

2017, the Council recommended that 

the priority sampling requirement be 

removed for canary rockfish and 

bocaccio because these stocks are now 

rebuilt. 

IV. Classification 

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

the Magnuson-Stevens Act, the NMFS 

Assistant Administrator has determined 

that this proposed rule is consistent 

with the PCGFMP, other provisions of 

the Magnuson-Stevens Act, and other 

applicable law, subject to further 

consideration after public comment. In 

making its final determination, NMFS 

will take into account the complete 

record, including the data, views, and 

comments received during the comment 

period. 

Pursuant to Executive Order 13175, 

this proposed rule was developed after 

meaningful consultation and 

collaboration with tribal officials from 

the area covered by the PCGFMP. Under 

the Magnuson-Stevens Act at 16 U.S.C. 

1852(b)(5), one of the voting members of 

the Pacific Council must be a 

representative of an Indian tribe with 

federally recognized fishing rights from 

the area of the Council’s jurisdiction. In 

addition, regulations implementing the 

PCGFMP establish a procedure by 

which the tribes with treaty fishing 

rights in the area covered by the 

PCGFMP request new allocations or 

regulations specific to the tribes, in 

writing, before the first of the two 

meetings at which the Council considers 

groundfish management measures. The 

regulations at 50 CFR 660.324(d) further 

state, ‘‘the Secretary will develop tribal 

allocations and regulations under this 

paragraph in consultation with the 

affected tribe(s) and, insofar as possible, 

with tribal consensus.’’ The tribal 

management measures in this proposed 

rule have been developed following 

these procedures. The tribal 

representative on the Council made a 

motion to adopt the non-whiting tribal 

management measures, which was 

passed by the Council. Those 

management measures, which were 


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2On December 29, 2015, the National Marine 

Fisheries Service (NMFS) issued a final rule 

establishing a small business size standard of $11 

million in annual gross receipts for all businesses 

primarily engaged in the commercial fishing 

industry (NAICS 11411) for Regulatory Flexibility 

Act (RFA) compliance purposes only (80 FR 81194, 

December 29, 2015; 50 CFR part 200). The $11 

million standard became effective on July 1, 2016, 

and after that date it is to be used in all NMFS rules 

subject to the RFA. Id. at 81194. This NMFS rule 

is to be used in place of the U.S. Small Business 

Administration’s (SBA) current standards of $20.5 

million, $5.5 million, and $7.5 million for the 

finfish (NAICS 114111), shellfish (NAICS 114112), 

and other marine fishing (NAICS 114119) sectors of 

the U.S. commercial fishing industry, respectively. 

developed and proposed by the tribes, 

are included in this proposed rule. 

This proposed rule has been 

determined to be not significant for 

purposes of Executive Order 12866. 

NMFS prepared an integrated 

Analysis for this action, which 

addresses the statutory requirements of 

the Magnuson-Stevens Act, the National 

Environmental Policy Act, Presidential 

Executive Order 12866, and the 

Regulatory Flexibility Act. The full suite 

of alternatives analyzed by the Council 

can be found on the Council’s website 

at www.pcouncil.org. This Analysis does 

not contain all the alternatives, because 

an EIS was prepared for the 2015–16 

biennial harvest specifications and 

management measures and is available 

from NMFS (see ADDRESSES). This EIS 

examined the harvest specifications and 

management measures for 2015–16 and 

ten year projections for routinely 

adjusted harvest specifications and 

management measures. The ten year 

projections were produced to evaluate 

the impacts of the ongoing 

implementation of harvest 

specifications and management 

measures and to evaluate the impacts of 

the routine adjustments that are the 

main component of each biennial cycle. 

Therefore, the EA for the 2019–20 cycle 

tiers from the 2015–16 EIS and focuses 

on the harvest specifications and 

management measures that were not 

within the scope of the ten year 

projections in the 2015–16 EIS. A copy 

of the EA is available from NMFS (see 

ADDRESSES). This action also announces 

a public comment period on the EA. 

An initial regulatory flexibility 

analysis (IRFA) was prepared for this 

action, as required by section 603 of the 

Regulatory Flexibility Act (RFA) (5 

U.S.C. 603). The IRFA describes the 

economic impact this proposed rule, if 

adopted, would have on small entities. 

A description of the action, why it is 

being considered, and the legal basis for 

this action is contained in the SUMMARY

section and at the beginning of the 

SUPPLEMENTARY INFORMATION section of 

the preamble. A summary of the IRFA 

follows. A copy of the IRFA is available 

from NMFS (see ADDRESSES). 

When an agency proposes regulations, 

the RFA requires the agency to prepare 

and make available for public comment 

an IRFA that describes the impact on 

small businesses, non-profit enterprises, 

local governments, and other small 

entities. The IRFA is to aid the agency 

in considering all reasonable regulatory 

alternatives that would minimize the 

economic impact on affected small 

entities. 

The RFA (5 U.S.C. 601 et seq.) 

requires government agencies to assess 

the effects that regulatory alternatives 

would have on small entities, defined as 

any business/organization 

independently owned and operated, not 

dominant in its field of operation 

(including its affiliates). A small 

harvesting business has combined 

annual receipts of $11 million 2 or less 

for all affiliated operations worldwide. 

A small fish-processing business is 

one that employs 750 or fewer persons 

for all affiliated operations worldwide. 

NMFS is applying this standard to 

catcher/processors (C/Ps) for the 

purposes of this rulemaking, because 

these vessels earn the majority of their 

revenue from selling processed fish. 

For marinas and charter/party boats, a 

small business is one that has annual 

receipts not in excess of $7.5 million. A 

wholesale business servicing the fishing 

industry is a small business if it 

employs 100 or fewer persons on a fulltime, part-time, temporary, or other 

basis, at all its affiliated operations 

worldwide. 

For the purposes of this rulemaking, 

a nonprofit organization is determined 

to be ‘‘not dominant in its field of 

operation’’ if it is considered small 

under one of the following Small 

Business Administration (SBA) size 

standards: environmental, conservation, 

or professional organizations are 

considered small if they have combined 

annual receipts of $15 million or less, 

and other organizations are considered 

small if they have combined annual 

receipts of $7.5 million or less. The RFA 

defines small governmental 

jurisdictions as governments of cities, 

counties, towns, townships, villages, 

school districts, or special districts with 

populations of less than 50,000. 

Description and estimate of the number 

of small entities to which the rule 

applies, and estimate of economic 

impacts by entity size and industry 

This proposed rule would regulate 

businesses that participate in the 

groundfish fishery. This rule would 

directly affect commercial vessels in the 

groundfish fisheries, trawl QS holders 

and Pacific whiting catch history 

endorsed permit holders (which include 

shorebased whiting processors), tribal 

vessels, and charterboat vessels. 

Additionally, a provision of this 

proposed rule would regulate 

commercial vessels in the salmon troll 

fleet. 

To determine the number of small 

entities potentially affected by this rule, 

NMFS reviewed analyses of fish ticket 

data and limited entry permit data, 

information on charterboat, tribal, and 

open access fleets, available costearnings data developed by NWFSC, 

and responses associated with the 

permitting process for the Trawl 

Rationalization Program where 

applicants were asked if they 

considered themselves a small business 

based on SBA definitions. This rule 

would primarily regulate businesses 

that harvest groundfish. 

Charter Operations 

There were an estimated 287 active 

Commercial Passenger Fishing Vessels 

(charter boats) engaged in groundfish 

fishing in California in 2017. In 2017, an 

estimated 49 charter boats targeted 

groundfish in Oregon. There is no 

Oregon license or tracking of party 

fishing (or ‘‘six pack’’) vessel businesses 

that will also be impacted, however in 

one week in August 2017, there were 

285 boat trips targeting recreational 

groundfish in Oregon; this number 

includes the 49 charter vessels and is 

the upper bound of the number of such 

entities likely to be impacted in Oregon. 

Similarly in Washington, the number of 

party/charter vessels likely to be 

impacted by the proposed rule was 182 

in 2017. All 705 of these vessels are 

likely to be impacted by changes in 

recreational catch guidelines for 

groundfish in their respective states. 

Commercial Vessels 

Groundfish 

Entities that are not registered as 

trusts, estates, governments, or nonprofits are assumed to earn the majority 

of their revenue from commercial 

fishing. There are 124 QS permit 

owners, who collectively received 76.5 

percent of the QP issued in 2018. 

Limited entry groundfish vessels are 

required to self-report size across all 

affiliated entities; of the business who 

earn the majority of their revenue from 

commercial fishing, one self-reported as 

large. This entity owns four groundfish 

permits and one QS permit. 264 entities 

owning 376 permits self-reported as 

small. The average small entity owns 1.4 

permits, with 30 small entities owning 

between 3–6 permits each. Open access 

groundfish vessel owners are assumed 


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3Whiting is issued annually through a separate 

rulemaking process resulting from international 

treaty negotiations. (See 83 FR 22401 for more 

information and 2018 allocations.) 

to earn the majority of their revenue 

from fishing and would thus fall into 

this Small Business Administration 

definition. 186 non-limited entry vessels 

harvested at least $10,000 worth of 

groundfish in 2017; these are likely to 

be impacted by the proposed rule. This 

number is likely an upper bound, as 

some entities may own more than one 

vessel. However, these generally small 

operations are assumed to be 

independent entities; with the top three 

vessels having coastwide (including 

non-groundfish) revenues averaging 

$585,000. Median revenues were 

$37,000 per vessel. 

In addition to benefits from increasing 

ACLs in the harvest specifications, 

several of the new management 

measures contained in the proposed 

rule are likely to benefit vessels. 

Clarifications resulting from the stock 

complex restructuring and updates to 

Rockfish Conservation Area coordinates 

may streamline management burden for 

vessels. IFQ vessels are expected to 

benefit from the removal of daily vessel 

quota pounds, which did not appear to 

constrain operations, but which did 

account for some level of administrative 

burden for quota pound account 

managers. With the elimination of these 

limits, managers will have greater 

flexibility in moving and holding quota 

pounds for the remaining overfished 

species and halibut IBQ. These vessels 

and vessel account operators may also 

benefit somewhat from changes to the 

discard mortality rates in the IFQ 

program. Some of the non-trawl fixed 

gear vessels are expected to benefit by 

the modifications to the commercial 

depths inside the Western Cowcod 

Conservation area in California. 

Salmon Trollers 

The proposed rule primarily impacts 

entities in the groundfish fishery. 

However, one new management 

measure included the proposed rule 

will likely benefit vessels primarily 

involved in the salmon troll fishery, 

through a modification in the incidental 

lingcod retention ratio in that fishery. 

This modification reflects the increased 

rate of lingcod encounters during 

declining Chinook salmon harvest 

seasons. This modification would allow 

salmon trollers to retain and sell a larger 

number of lingcod caught incidentally 

when targeting salmon. The level of 

activity varies substantially, with trips 

ranging from 500 to over 5,500 in a year. 

The subsector of the fleet expected to 

benefit from the proposed rule is much 

smaller, as historically a small 

proportion has elected to land lingcod 

within the previously allowed limits. In 

order to land lingcod, the vessel would 

have to install VMS, which (among 

other factors) likely deters salmon 

trollers. Thus, this provision of the 

proposed rule is likely to impact 3 of 

220 vessels operating in California. In 

Oregon, between 7 and 85 trollers have 

landed lingcod, and in Washington 

between 10 and 17 trollers have landed 

lingcod. The proposed rule would 

confer a small benefit to these 105 

vessels, which landed lingcod on a 

median of 1–2 trips, with vessels in the 

90th percentile landing lingcod on 5 

trips annually. This small positive 

benefit is not expected to be a 

substantial impact. A substantial 

number of small entities in the overall 

salmon troll fishery are not likely to be 

impacted by the proposed rule. 

QS Owners 

Because the harvest specifications 

process determines the amount of QP 

available in the catch share (Shorebased 

IFQ Program) sector, this proposed rule 

will impact QS. Twenty-two nonwhiting QS permit owners are estimated 

to be primarily engaged in seafood 

product preparation and packaging, 

based on holdings of first receiver 

permit affiliation in the non-public West 

Coast Region permits database. 

According to the size standard 

described above, three of the entities 

that own three of these permits are 

considered small. These small 

processing entities were issued 1.7 

percent of the non-whiting QP issued in 

2018. Some of these small processing 

entities also own groundfish permits, 

which are required on both catcher 

vessels and catcher processors, and 

which would be regulated by the 

proposed rule; three small entities 

primarily engaged in seafood processing 

own two groundfish permits. Thirty 

groundfish vessel permits are owned by 

seven entities that are considered large, 

as estimated by NMFS using the 

standard described above, and as 

estimated by information regarding 

ownership affiliation and self-reported 

size on groundfish permits and first 

receiver site license permits (selfreported using the standard described 

above). Six of these seven large 

processing entities were issued 10.2 

percent of the non-whiting QP issued in 

2018 across sixteen QS permits. 

Governmental Jurisdictions 

According to the public IFQ Account 

database as of June 19, 2018, the City of 

Monterey owns QS of ten stocks. The 

U.S. Census estimates the population to 

be 28,454 as of July 1, 2017, so would 

be considered a small governmental 

jurisdiction by the RFA standard noted 

above. The City of Monterey received 

0.5 percent of the QP issued for 2018, 

according to the public IFQ Account 

database. 

Not-for-Profits 

According to the public IFQ Account 

database, six not-for-profit organizations 

own QS in the catch share program and 

would thus be impacted by the trawl 

sector allocation under this proposed 

rule. Five of these would be considered 

small by the definition noted above 

(with 2016 annual receipts as reported 

on IRS form 990 of $120–500 thousand 

dollars), and one would be considered 

large (with self-reported fiscal year 2017 

receipts of $1.1 billion). Collectively, 

the five small not-for-profit 

organizations received 7.2 percent of the 

non-whiting 3 QP issued in 2018, and 

the large not-for-profit organization 

received 0.5 percent. The large not-forprofit organization also owned four 

limited entry trawl permits which 

would be impacted by the management 

measures of the rule. 

Small Trusts 

Eleven personal or family trusts/ 

estates owned QS permits and would 

thus potentially be impacted by the 

trawl sector allocation under this 

proposed rule. All of these are assumed 

to be smaller than the size standard 

noted above. Collectively, these eight 

small entities received 4.2 percent of the 

non-whiting QP issued for 2018. 

A description of any significant 

alternatives to the proposed rule that 

accomplish the stated objectives of 

applicable statutes and that minimize 

any significant economic impact of the 

proposed rule on small entities 

In the event of a fishery closure under 

the Biological Opinion provisions 

included in this rule (50 CFR 

660.60(d)(1)(v) and (vi) of this proposed 

rule), the loss of revenue in groundfish 

fisheries would likely have a substantial 

negative impact on a significant number 

of small entities, and an equal impact on 

all large entities in the fishery. However, 

such a closure is not anticipated by 

NMFS and the Council, given historic 

catch levels and the existence of 

cooperative management structures with 

extensive inseason monitoring. Because 

these provisions are non-discretionary 

under the ESA, there are no significant 

alternatives to the proposed rule that 

would minimize adverse economic 

impacts on small entities. 

The Council considered alternatives 

to the actions in this proposed rule that 


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47438 Federal Register / Vol. 83, No. 182 / Wednesday, September 19, 2018 / Proposed Rules 

would have a lower level of benefits to 

small entities. The Council did not 

consider alternatives that would have 

greater benefits to small entities, as 

these would not have met several 

primary objectives of the rule (the 

prevention of overfishing, the rebuilding 

of overfished stocks, and ensuring 

conservation). 

Under the No Action alternative, the 

default harvest specifications and 

associated routine management 

measures would be implemented using 

best scientific information available to 

establish default harvest control rules 

for all groundfish stocks. The Council 

considered alternative specifications for 

California scorpionfish, lingcod north of 

40°10’ N lat, and yelloweye rockfish. In 

each case, the Council selected the 

harvest control rule that resulted in the 

maximum benefits to both large and 

small directly regulated entities. 

Routine management measures are 

adjusted according to harvest 

specifications, which also impact the 

new management measures available for 

implementation. 

Regulatory Flexibility Act (RFA) 

Determination of No Significant Impact 

The RFA requires Federal agencies to 

conduct an analysis of the impact of the 

proposed rule on small entities. The 

proposed rule would impact a 

significant number of small entities, but 

that these impacts are expected to range 

from neutral to positive, depending on 

individual response to increased harvest 

guidelines and updated management 

measures. Because there are no 

anticipated compliance costs or other 

adverse effects, NMFS concludes 

(subject to review of any pertinent 

public comments) that the rule will not 

have a substantial adverse impact on the 

significant number of directly regulated 

entities. 

List of Subjects in 50 CFR Part 660 

Fisheries, Fishing, Reporting and 

recordkeeping requirements. 

Dated: September 4, 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: 

■ a. In the definition of ‘‘Conservation 

area(s)’’, revise paragraph (1); and 

■ b. In the definition of ‘‘Groundfish’’: 

■ i. Revise paragraphs (6) and (7)(i) 

introductory text; 

■ ii. Redesignate paragraph (7)(i)(B) as 

(7)(i)(C); 

■ iii. Add new paragraph (7)(i)(B); and 

■ iv. Revise paragraph (9). 

The revisions and additions read as 

follows: 

§ 660.11 General definitions. 

* * * * * 

Conservation Area(s) * * * 

(1) Groundfish Conservation Area or 

GCA means a geographic area defined 

by coordinates expressed in degrees 

latitude and longitude, wherein fishing 

by a particular gear type or types may 

be prohibited. Regulations at 

§ 660.60(c)(3) describe the various 

purposes for which these GCAs may be 

implemented. Regulations at § 660.70 

define coordinates for these polygonal 

GCAs: Yelloweye Rockfish Conservation 

Areas, Cowcod Conservation Areas, 

waters encircling the Farallon Islands, 

and waters encircling the Cordell Bank. 

GCAs also include Bycatch Reduction 

Areas (BRAs), and Rockfish 

Conservation Areas or RCAs, which are 

areas closed to fishing by particular gear 

types, bounded by lines approximating 

particular depth contours. RCA 

boundaries may and do change 

seasonally according to conservation 

needs. Regulations at §§ 660.70 through 

660.74 define boundary lines with 

latitude/longitude coordinates; 

regulations at Tables 1 (North) and 1 

(South) of subpart D, Tables 2 (North) 

and 2 (South) of subpart E, and Tables 

3 (North) and 3 (South) of subpart F set 

seasonal boundaries. Fishing 

prohibitions associated with GCAs are 

in addition to those associated with EFH 

Conservation Areas. 

* * * * * 

Groundfish * * * 

* * * * * 

(6) Roundfish: Cabezon, 

Scorpaenichthys marmoratus; kelp 

greenling, Hexagrammos decagrammus; 

lingcod, Ophiodon elongatus; Pacific 

cod, Gadus macrocephalus; Pacific 

whiting, Merluccius productus; 

sablefish, Anoplopoma fimbria. Species 

listed below with an area-specific listing 

are managed within a complex in that 

area-specific listing. 

(i) Between 46°16′ N lat. and the U.S. 

Canada border (Washington): Cabezon, 

S. marmoratus and kelp greenling, H. 

decagrammus. 

(ii) Between 46°16′ N lat. and 42° N 

lat. (Oregon): Cabezon, S. marmoratus 

and kelp greenling, H. decagrammus. 

(7) * * * 

(i) Nearshore rockfish includes black 

rockfish, Sebastes melanops (off 

Washington) and the following 

nearshore rockfish species managed in 

‘‘minor rockfish’’ complexes: 

* * * * * 

(B) Between 46°16′ N lat. and 42° N 

lat. (Oregon): black rockfish, S. 

melanops, blue rockfish, S. mystinus, 

deacon rockfish, S. diaconus. 

* * * * * 

(9) ‘‘Other Fish’’: kelp greenling 

(Hexagrammos decagrammus) off 

California and leopard shark (Trakis 

semifasciata). 

* * * * * 

■ 3. Amend § 660.40 as follows: 

■ a. Remove paragraphs (a), (c), and (d); 

■ b. Redesignate paragraph (b) as 

paragraph (a), and paragraph (e) as 

paragraph (b); and 

■ c. Revise newly redesignated 

paragraph (b). 

The revision reads as follows: 

§ 660.40 Overfished species rebuilding 

plans. 

* * * * * 

(b) Yelloweye rockfish. Yelloweye 

rockfish was declared overfished in 

2002. The target year for rebuilding the 

yelloweye rockfish stock to BMSY is 

2029. The harvest control rule to be 

used to rebuild the yelloweye rockfish 

stock is an annual SPR harvest rate of 

65.0 percent. 

■ 4. In § 660.50, revise paragraphs 

(f)(2)(ii) and (f)(6) and add paragraph (h) 

to read as follows: 

§ 660.50 Pacific Coast treaty Indian 

fisheries. 

* * * * * 

(f) * * * 

(2) * * * 

(ii) The Tribal allocation is 561 mt in 

2019 and 572 mt in 2020 per year. This 

allocation is, for each year, 10 percent 

of the Monterey through Vancouver area 

(North of 36′ N lat.) ACL. The Tribal 

allocation is reduced by 1.5 percent for 

estimated discard mortality. 

* * * * * 

(6) Petrale sole. For petrale sole, treaty 

fishing vessels are restricted to a 

fleetwide harvest target of 290 mt each 

year. 

* * * * * 

(h) Salmon bycatch. This fishery may 

be closed through automatic action at 

660.60(d)(1)(v) and (d)(1)(vi). 

■ 5. In § 660.55, revise paragraphs 

(c)(1)(i)(A) and (B) to read as follows: 


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§ 660.55 Allocations. 

* * * * * 

(c) * * * 

(1) * * * 

(i) * * * 

(A) Darkblotched rockfish. Distribute 

9 percent or 25 mt, whichever is greater, 

of the total trawl allocation of 

darkblotched rockfish to the Pacific 

whiting fishery (MS sector, C/P sector, 

and Shorebased IFQ sectors). The 

distribution of darkblotched rockfish to 

each sector will be done pro rata relative 

to the sector’s allocation of the 

commercial harvest guideline for Pacific 

whiting. Darkblotched rockfish 

distributed to the MS sector and C/P 

sector are managed as set-asides at Table 

1d and Table 2d, subpart C. The 

allocation of darkblotched rockfish to 

the Pacific whiting IFQ fishery 

contributes to the Shorebased IFQ 

allocation. After deducting allocations 

for the Pacific whiting fishery, the 

remaining trawl allocation is allocated 

to the Shorebased IFQ Program. 

(B) Pacific Ocean Perch (POP). 

Distribute 17 percent or 30 mt, 

whichever is greater, of the total trawl 

allocation of POP to the Pacific whiting 

fishery (MS sector, C/P sector, and 

Shorebased IFQ sector). The distribution 

of POP to each sector will be done pro 

rata relative to the sector’s allocation of 

the commercial harvest guideline for 

Pacific whiting. POP distributed to the 

MS sector and C/P sector are managed 

as set-asides at Table 1d and Table 2d, 

subpart C. The allocation of POP to the 

Pacific whiting IFQ fishery contributes 

to the Shorebased IFQ allocation. After 

deducting allocations for the Pacific 

whiting fishery, the remaining trawl 

allocation is allocated to the Shorebased 

IFQ Program. 

* * * * * 

■ 6. Amend § 660.60 as follows: 

■ a. Revise paragraph (d)(1)(v); 

■ b. Remove paragraph (d)(1)(vii); 

■ c. Redesignate paragraph (d)(1)(vi) as 

paragraph (d)(1)(vii); and 

■ d. Add new paragraph (d)(1)(vi). 

The revision and addition read as 

follows: 

§ 660.60 Specifications and management 

measures. 

* * * * * 

(d) * * * 

(1) * * * 

(v) Close one or both of the whiting 

or non-whiting sectors of the groundfish 

fishery upon that sector having 

exceeded its annual Chinook salmon 

bycatch guideline and the reserve. The 

whiting sector includes the Pacific 

whiting IFQ fishery, MS, and C/P 

sectors. The non-whiting sector includes 

the midwater trawl, bottom trawl, and 

fixed gear fisheries under the 

Shorebased IFQ Program, limited entry 

fixed gear fisheries, open access 

fisheries, and recreational fisheries 

subject to this provision as set out in 

§ 660.360(d). 

(A) The whiting sector Chinook 

salmon bycatch guideline is 11,000 fish. 

(B) The non-whiting sector Chinook 

salmon bycatch guideline is 5,500 fish. 

(C) The reserve is 3,500 fish. 

(vi) Close the whiting or non-whiting 

sector of the groundfish fishery upon 

that sector having exceeded its annual 

Chinook salmon bycatch guideline if the 

other sector has already been closed 

after exceeding its Chinook salmon 

bycatch guideline and the reserve. The 

whiting sector includes the Pacific 

whiting IFQ fishery, MS, and C/P 

sectors. The non-whiting sector includes 

the midwater trawl, bottom trawl, and 

fixed gear fisheries under the 

Shorebased IFQ Program, limited entry 

fixed gear fisheries, open access 

fisheries, and recreational fisheries 

subject to this provision as set out in 

§ 660.360(d). 

* * * * * 

■ 7. Amend § 660.71 as follows: 

■ a. Redesignate paragraphs (k) through 

(n) as paragraphs (o) through (r); and 

■ b. Add new paragraphs (k) through (n) 

and paragraphs (s) through (v). 

The additions read as follows: 

§ 660.71 Latitude/longitude coordinates 

defining the 10-fm (18-m) through 40-fm (73- 

m) depth contours. 

* * * * * 

(k) The 30 fm (55 m) depth contour 

around Santa Barbara Island off the state 

of California is defined by straight lines 

connecting all of the following points in 

the order stated: 

(1) 33°30.38′ N lat., 119°03.15′ W 

long.; 

(2) 33°29.64′ N lat., 119°00.58′ W 

long.; 

(3) 33°27.24′ N lat., 119°01.73′ W 

long.; 

(4) 33°27.76′ N lat., 119°03.48′ W 

long.; 

(5) 33°29.50′ N lat., 119°04.20′ W 

long.; and 

(6) 33°30.38′ N lat., 119°03.15′ W 

long. 

(l) The 30 fm (55 m) depth contour 

around San Nicholas Island off the state 

of California is defined by straight lines 

connecting all of the following points in 

the order stated: 

(1) 33°18.39′ N lat., 119°38.87′ W 

long.; 

(2) 33°18.63′ N lat., 119°27.52′ W 

long.; 

(3) 33°15.24′ N lat., 119°20.10′ W 

long.; 

(4) 33°13.27′ N lat., 119°20.10′ W 

long.; 

(5) 33°12.16′ N lat., 119°26.82′ W 

long.; 

(6) 33°13.20′ N lat., 119°31.87′ W 

long.; 

(7) 33°15.70′ N lat., 119°38.87′ W 

long.; 

(8) 33°17.52′ N lat., 119°40.15′ W 

long.; and 

(9) 33°18.39′ N lat., 119°38.87′ W 

long. 

(m) The 30 fm (55 m) depth contour 

around Tanner Bank off the state of 

California is defined by straight lines 

connecting all of the following points in 

the order stated: 

(1) 32°43.02′ N lat., 119°08.52′ W 

long.; 

(2) 32°41.81′ N lat., 119°06.20′ W 

long.; 

(3) 32°40.67′ N lat., 119°06.82′ W 

long.; 

(4) 32°41.62′ N lat., 119°09.46′ W 

long.; and 

(5) 32°43.02′ N lat., 119°08.52′ W 

long. 

(n) The 30 fm (55 m) depth contour 

around Cortes Bank off the state of 

California is defined by straight lines 

connecting all of the following points in 

the order stated: 

(1) 32°29.73′ N lat., 119°12.95′ W 

long.; 

(2) 32°28.17′ N lat., 119°07.04′ W 

long.; 

(3) 32°26.27′ N lat., 119°04.14′ W 

long.; 

(4) 32°25.22′ N lat., 119°04.77′ W 

long.; 

(5) 32°28.60′ N lat., 119°14.15′ W 

long.; and 

(6) 32°29.73′ N lat., 119°12.95′ W 

long. 

* * * * * 

(s) The 40 fm (73 m) depth contour 

around Santa Barbara Island off the state 

of California is defined by straight lines 

connecting all of the following points in 

the order stated: 

(1) 33°30.87′ N lat., 119°02.43′ W 

long.; 

(2) 33°29.87′ N lat., 119°00.34′ W 

long.; 

(3) 33°27.08′ N lat., 119°01.65′ W 

long.; 

(4) 33°27.64′ N lat., 119°03.45′ W 

long.; 

(5) 33°29.12′ N lat., 119°04.55′ W 

long.; 

(6) 33°29.66′ N lat., 119°05.49′ W 

long.; and 

(7) 33°30.87′ N lat., 119°02.43′ W 

long. 

(t) The 40 fm (73 m) depth contour 

around Tanner Bank off the state of 

California is defined by straight lines 

connecting all of the following points in 

the order stated: 

(1) 32°43.40′ N lat., 119°08.56′ W 

long.; 


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(2) 32°41.36′ N lat., 119°05.02′ W 

long.; 

(3) 32°40.07′ N lat., 119°05.59′ W 

long.; 

(4) 32°41.51′ N lat., 119°09.76′ W 

long.; and 

(5) 32°43.40′ N lat., 119°08.56′ W 

long. 

(u) The 40 fm (73 m) depth contour 

around San Nicholas Island off the state 

of California is defined by straight lines 

connecting all of the following points in 

the order stated: 

(1) 33°19.30′ N lat., 119°41.05′ W 

long.; 

(2) 33°19.42′ N lat., 119°27.88′ W 

long.; 

(3) 33°14.31′ N lat., 119°17.48′ W 

long.; 

(4) 33°12.90′ N lat., 119°17.64′ W 

long.; 

(5) 33°11.89′ N lat., 119°27.26′ W 

long.; 

(6) 33°12.19′ N lat., 119°29.96′ W 

long.; 

(7) 33°15.42′ N lat., 119°39.14′ W 

long.; 

(8) 33°17.58′ N lat., 119°41.38′ W 

long.; and 

(9) 33°19.30′ N lat., 119°41.05′ W 

long. 

(v) The 40 fm (73 m) depth contour 

around Cortes Bank off the state of 

California is defined by straight lines 

connecting all of the following points in 

the order stated: 

(1) 32°30.00′ N lat., 119°12.98′ W 

long.; 

(2) 32°28.33′ N lat., 119°06.81′ W 

long.; 

(3) 32°25.69′ N lat., 119°03.21′ W 

long.; 

(4) 32°24.66′ N lat., 119°03.83′ W 

long.; 

(5) 32°28.48′ N lat., 119°14.66′ W 

long.; and 

(6) 32°30.00′ N lat., 119°12.98′ W 

long. 

■ 8. Amend § 660.72 as follows: 

■ a. Redesignate paragraphs (k)(15) 

through (31) as (k)(17) through (33), 

respectively; and 

■ b. Add new paragraphs (k)(15) and 

(16). 

The additions read as follows: 

§ 660.72 Latitude/longitude coordinates 

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

m) depth contours. 

* * * * * 

(k) * * * 

(15) 33°57.77′ N lat., 119°33.49′ W 

long.; 

(16) 33°57.64′ N lat., 119°35.78′ W 

long.; 

* * * * * 

■ 9. Amend § 660.73 as follows: 

■ a. Revise paragraphs (a)(178), (a)(181), 

(a)(190) through (192), and (d)(205) 

through (354); 

■ b. Add paragraphs (d)(355) through 

(363); 

■ c. Revise paragraphs (h)(281) through 

(313); and 

■ d. Add paragraphs (h)(314) through 

(316). 

The revisions and additions read as 

follows: 

§ 660.73 Latitude/longitude coordinates 

defining the 100 fm (183 m) through 150 fm 

(274 m) depth contours. 

* * * * * 

(a) * * * 

(178) 40°10.13′ N lat., 124°21.92′ W 

long.; 

* * * * * 

(181) 40°06.39′ N lat., 124°17.26′ W 

long.; 

* * * * * 

(190) 40°01.00′ N lat., 124°09.96′ W 

long.; 

(191) 39°58.07′ N lat., 124°11.81′ W 

long.; 

(192) 39°56.39′ N lat., 124°08.69′ W 

long.; 

* * * * * 

(d) * * * 

(205) 40°02.67′ N lat., 124°11.83′ W 

long.; 

(206) 40°02.70′ N lat., 124°10.57′ W 

long.; 

(207) 40°04.08′ N lat., 124°10.09′ W 

long.; 

(208) 40°04.08′ N lat., 124°09.10′ W 

long.; 

(209) 40°01.23′ N lat., 124°08.91′ W 

long.; 

(210) 40°01.18′ N lat., 124°09.92′ W 

long.; 

(211) 39°58.05′ N lat., 124°11.87′ W 

long.; 

(212) 39°56.39′ N lat., 124°08.70′ W 

long.; 

(213) 39°54.64′ N lat., 124°07.31′ W 

long.; 

(214) 39°53.87′ N lat., 124°07.95′ W 

long.; 

(215) 39°52.42′ N lat., 124°08.18′ W 

long.; 

(216) 39°49.64′ N lat., 124°06.05′ W 

long.; 

(217) 39°49.30′ N lat., 124°04.60′ W 

long.; 

(218) 39°48.49′ N lat., 124°03.86′ W 

long.; 

(219) 39°47.73′ N lat., 124°04.59′ W 

long.; 

(220) 39°42.50′ N lat., 124°00.60′ W 

long.; 

(221) 39°34.23′ N lat., 123°56.82′ W 

long.; 

(222) 39°33.00′ N lat., 123°56.44′ W 

long.; 

(223) 39°30.96′ N lat., 123°56.00′ W 

long.; 

(224) 39°31.34′ N lat., 123°56.71′ W 

long.; 

(225) 39°32.03′ N lat., 123°57.44′ W 

long.; 

(226) 39°31.43′ N lat., 123°58.16′ W 

long.; 

(227) 39°05.56′ N lat., 123°57.24′ W 

long.; 

(228) 39°01.75′ N lat., 123°56.83′ W 

long.; 

(229) 38°59.52′ N lat., 123°55.95′ W 

long.; 

(230) 38°58.98′ N lat., 123°56.57′ W 

long.; 

(231) 38°57.50′ N lat., 123°56.57′ W 

long.; 

(232) 38°53.91′ N lat., 123°56.00′ W 

long.; 

(233) 38°42.57′ N lat., 123°46.60′ W 

long.; 

(234) 38°28.72′ N lat., 123°35.61′ W 

long.; 

(235) 38°28.01′ N lat., 123°36.47′ W 

long.; 

(236) 38°20.94′ N lat., 123°31.26′ W 

long.; 

(237) 38°15.94′ N lat., 123°25.33′ W 

long.; 

(238) 38°10.95′ N lat., 123°23.19′ W 

long.; 

(239) 38°05.52′ N lat., 123°22.90′ W 

long.; 

(240) 38°08.46′ N lat., 123°26.23′ W 

long.; 

(241) 38°06.95′ N lat., 123°28.03′ W 

long.; 

(242) 38°06.25′ N lat., 123°29.70′ W 

long.; 

(243) 38°04.57′ N lat., 123°31.37′ W 

long.; 

(244) 38°02.32′ N lat., 123°31.09′ W 

long.; 

(245) 37°59.97′ N lat., 123°28.43′ W 

long.; 

(246) 37°58.10′ N lat., 123°26.69′ W 

long.; 

(247) 37°55.46′ N lat., 123°27.05′ W 

long.; 

(248) 37°51.51′ N lat., 123°24.86′ W 

long.; 

(249) 37°45.01′ N lat., 123°12.09′ W 

long.; 

(250) 37°35.67′ N lat., 123°01.56′ W 

long.; 

(251) 37°26.62′ N lat., 122°56.21′ W 

long.; 

(252) 37°14.41′ N lat., 122°49.07′ W 

long.; 

(253) 37°11.00′ N lat., 122°45.87′ W 

long.; 

(254) 37°07.00′ N lat., 122°41.97′ W 

long.; 

(255) 37°03.19′ N lat., 122°38.31′ W 

long.; 

(256) 37°00.99′ N lat., 122°35.51′ W 

long.; 

(257) 36°58.31′ N lat., 122°27.56′ W 

long.; 

(258) 37°00.54′ N lat., 122°24.74′ W 

long.; 

(259) 36°57.81′ N lat., 122°24.65′ W 

long.; 


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(260) 36°58.54′ N lat., 122°21.67′ W 

long.; 

(261) 36°56.52′ N lat., 122°21.70′ W 

long.; 

(262) 36°55.37′ N lat., 122°18.45′ W 

long.; 

(263) 36°52.16′ N lat., 122°12.17′ W 

long.; 

(264) 36°51.53′ N lat., 122°10.67′ W 

long.; 

(265) 36°48.05′ N lat., 122°07.59′ W 

long.; 

(266) 36°47.35′ N lat., 122°03.27′ W 

long.; 

(267) 36°50.71′ N lat., 121°58.17′ W 

long.; 

(268) 36°48.89′ N lat., 121°58.90′ W 

long.; 

(269) 36°47.70′ N lat., 121°58.76′ W 

long.; 

(270) 36°48.37′ N lat., 121°51.15′ W 

long.; 

(271) 36°45.74′ N lat., 121°54.18′ W 

long.; 

(272) 36°45.50′ N lat., 121°57.73′ W 

long.; 

(273) 36°44.02′ N lat., 121°58.55′ W 

long.; 

(274) 36°38.84′ N lat., 122°01.32′ W 

long.; 

(275) 36°35.63′ N lat., 122°00.98′ W 

long.; 

(276) 36°32.47′ N lat., 121°59.17′ W 

long.; 

(277) 36°32.52′ N lat., 121°57.62′ W 

long.; 

(278) 36°30.16′ N lat., 122°00.55′ W 

long.; 

(279) 36°24.56′ N lat., 121°59.19′ W 

long.; 

(280) 36°22.19′ N lat., 122°00.30′ W 

long.; 

(281) 36°20.62′ N lat., 122°02.93′ W 

long.; 

(282) 36°18.89′ N lat., 122°05.18′ W 

long.; 

(283) 36°14.45′ N lat., 121°59.44′ W 

long.; 

(284) 36°13.73′ N lat., 121°57.38′ W 

long.; 

(285) 36°14.41′ N lat., 121°55.45′ W 

long.; 

(286) 36°10.25′ N lat., 121°43.08′ W 

long.; 

(287) 36°07.67′ N lat., 121°40.92′ W 

long.; 

(288) 36°02.51′ N lat., 121°36.76′ W 

long.; 

(289) 36°01.04′ N lat., 121°36.68′ W 

long.; 

(290) 36°00.00′ N lat., 121°35.15′ W 

long.; 

(291) 35°57.84′ N lat., 121°33.10′ W 

long.; 

(292) 35°45.57′ N lat., 121°27.26′ W 

long.; 

(293) 35°39.02′ N lat., 121°22.86′ W 

long.; 

(294) 35°25.92′ N lat., 121°05.52′ W 

long.; 

(295) 35°16.26′ N lat., 121°01.50′ W 

long.; 

(296) 35°07.60′ N lat., 120°56.49′ W 

long.; 

(297) 34°57.77′ N lat., 120°53.87′ W 

long.; 

(298) 34°42.30′ N lat., 120°53.42′ W 

long.; 

(299) 34°37.69′ N lat., 120°50.04′ W 

long.; 

(300) 34°30.13′ N lat., 120°44.45′ W 

long.; 

(301) 34°27.00′ N lat., 120°39.24′ W 

long.; 

(302) 34°24.71′ N lat., 120°35.37′ W 

long.; 

(303) 34°21.63′ N lat., 120°24.86′ W 

long.; 

(304) 34°24.39′ N lat., 120°16.65′ W 

long.; 

(305) 34°22.48′ N lat., 119°56.42′ W 

long.; 

(306) 34°18.54′ N lat., 119°46.26′ W 

long.; 

(307) 34°16.37′ N lat., 119°45.12′ W 

long.; 

(308) 34°15.91′ N lat., 119°47.29′ W 

long.; 

(309) 34°13.80′ N lat., 119°45.40′ W 

long.; 

(310) 34°11.69′ N lat., 119°41.80′ W 

long.; 

(311) 34°09.98′ N lat., 119°31.87′ W 

long.; 

(312) 34°08.12′ N lat., 119°27.71′ W 

long.; 

(313) 34°06.35′ N lat., 119°32.65′ W 

long.; 

(314) 34°06.80′ N lat., 119°40.08′ W 

long.; 

(315) 34°07.48′ N lat., 119°47.54′ W 

long.; 

(316) 34°08.21′ N lat., 119°54.90′ W 

long.; 

(317) 34°06.85′ N lat., 120°05.60′ W 

long.; 

(318) 34°07.03′ N lat., 120°10.47′ W 

long.; 

(319) 34°08.77′ N lat., 120°18.46′ W 

long.; 

(320) 34°11.89′ N lat., 120°28.09′ W 

long.; 

(321) 34°12.53′ N lat., 120°29.82′ W 

long.; 

(322) 34°09.02′ N lat., 120°37.47′ W 

long.; 

(323) 34°01.01′ N lat., 120°31.17′ W 

long.; 

(324) 33°58.07′ N lat., 120°28.33′ W 

long.; 

(325) 33°53.37′ N lat., 120°14.43′ W 

long.; 

(326) 33°50.53′ N lat., 120°07.20′ W 

long.; 

(327) 33°45.88′ N lat., 120°04.26′ W 

long.; 

(328) 33°38.19′ N lat., 119°57.85′ W 

long.; 

(329) 33°38.19′ N lat., 119°50.42′ W 

long.; 

(330) 33°42.36′ N lat., 119°49.60′ W 

long.; 

(331) 33°53.95′ N lat., 119°53.81′ W 

long.; 

(332) 33°55.99′ N lat., 119°41.40′ W 

long.; 

(333) 33°58.48′ N lat., 119°27.90′ W 

long.; 

(334) 33°59.24′ N lat., 119°23.61′ W 

long.; 

(335) 33°59.35′ N lat., 119°21.71′ W 

long.; 

(336) 33°59.94′ N lat., 119°19.57′ W 

long.; 

(337) 34°04.48′ N lat., 119°15.32′ W 

long.; 

(338) 34°02.80′ N lat., 119°12.95′ W 

long.; 

(339) 34°02.39′ N lat., 119°07.17′ W 

long.; 

(340) 34°03.75′ N lat., 119°04.72′ W 

long.; 

(341) 34°01.82′ N lat., 119°03.24′ W 

long.; 

(342) 33°59.33′ N lat., 119°03.49′ W 

long.; 

(343) 33°59.01′ N lat., 118°59.56′ W 

long.; 

(344) 33°59.51′ N lat., 118°57.25′ W 

long.; 

(345) 33°58.83′ N lat., 118°52.50′ W 

long.; 

(346) 33°58.55′ N lat., 118°41.86′ W 

long.; 

(347) 33°55.10′ N lat., 118°34.25′ W 

long.; 

(348) 33°54.30′ N lat., 118°38.71′ W 

long.; 

(349) 33°50.88′ N lat., 118°37.02′ W 

long.; 

(350) 33°39.78′ N lat., 118°18.40′ W 

long.; 

(351) 33°35.50′ N lat., 118°16.85′ W 

long.; 

(352) 33°32.46′ N lat., 118°10.90′ W 

long.; 

(353) 33°34.11′ N lat., 117°54.07′ W 

long.; 

(354) 33°31.61′ N lat., 117°49.30′ W 

long.; 

(355) 33°16.36′ N lat., 117°35.48′ W 

long.; 

(356) 33°06.81′ N lat., 117°22.93′ W 

long.; 

(357) 32°59.28′ N lat., 117°19.69′ W 

long.; 

(358) 32°55.37′ N lat., 117°19.55′ W 

long.; 

(359) 32°53.35′ N lat., 117°17.05′ W 

long.; 

(360) 32°53.36′ N lat., 117°19.12′ W 

long.; 

(361) 32°46.42′ N lat., 117°23.45′ W 

long.; 

(362) 32°42.71′ N lat., 117°21.45′ W 

long.; and 

(363) 32°34.54′ N lat., 117°23.04′ W 

long. 

* * * * * 


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(h) * * * 

(281) 34°07.10′ N lat., 120°10.37′ W 

long.; 

(282) 34°11.07′ N lat., 120°25.03′ W 

long.; 

(283) 34°09.00′ N lat., 120°18.40′ W 

long.; 

(284) 34°13.16′ N lat., 120°29.40′ W 

long.; 

(285) 34°09.41′ N lat., 120°37.75′ W 

long.; 

(286) 34°03.15′ N lat., 120°34.71′ W 

long.; 

(287) 33°57.09′ N lat., 120°27.76′ W 

long.; 

(288) 33°51.00′ N lat., 120°09.00′ W 

long.; 

(289) 33°38.16′ N lat., 119°59.23′ W 

long.; 

(290) 33°37.04′ N lat., 119°50.17′ W 

long.; 

(291) 33°42.28′ N lat., 119°48.85′ W 

long.; 

(292) 33°53.96′ N lat., 119°53.77′ W 

long.; 

(293) 33°55.88′ N lat., 119°41.05′ W 

long.; 

(294) 33°59.18′ N lat., 119°23.64′ W 

long.; 

(295) 33°59.26′ N lat., 119°21.92′ W 

long.; 

(296) 33°59.94′ N lat., 119°19.57′ W 

long.; 

(297) 34°03.12′ N lat., 119°15.51′ W 

long.; 

(298) 34°01.97′ N lat., 119°07.28′ W 

long.; 

(299) 34°03.60′ N lat., 119°04.71′ W 

long.; 

(300) 33°59.30′ N lat., 119°03.73′ W 

long.; 

(301) 33°58.87′ N lat., 118°59.37′ W 

long.; 

(302) 33°58.08′ N lat., 118°41.14′ W 

long.; 

(303) 33°50.93′ N lat., 118°37.65′ W 

long.; 

(304) 33°39.54′ N lat., 118°18.70′ W 

long.; 

(305) 33°35.42′ N lat., 118°17.14′ W 

long.; 

(306) 33°32.15′ N lat., 118°10.84′ W 

long.; 

(307) 33°33.71′ N lat., 117°53.72′ W 

long.; 

(308) 33°31.17′ N lat., 117°49.11′ W 

long.; 

(309) 33°16.53′ N lat., 117°36.13′ W 

long.; 

(310) 33°06.77′ N lat., 117°22.92′ W 

long.; 

(311) 32°58.94′ N lat., 117°20.05′ W 

long.; 

(312) 32°55.83′ N lat., 117°20.15′ W 

long.; 

(313) 32°46.29′ N lat., 117°23.89′ W 

long.; 

(314) 32°42.00′ N lat., 117°22.16′ W 

long.; 

(315) 32°39.47′ N lat., 117°27.78′ W 

long.; and 

(316) 32°34.83′ N lat., 117°24.69′ W 

long. 

* * * * * 

■ 10. Tables 1a to part 660, subpart C 

through 1d to part 660, subpart C are 

revised to read as follows: 

Sec. 

* * * * * 

Table 1a to Part 660, Subpart C—2019, 

Specifications of OFL, ABC, ACL, ACT 

and Fishery HG (Weights in Metric Tons) 

Table 1b. to Part 660, Subpart C—2019, 

Allocations by Species or Species Group 

(Weight in Metric Tons) 

Table 1c. to Part 660, Subpart C—Sablefish 

North of 36° N lat. Allocations, 2019 

Table 1d. to Part 660, Subpart C—At-Sea 

Whiting Fishery Annual Set-Asides, 

2019 

* * * * * 


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Table la to Part 660, Subpart C-2019, Specifications of OFL, ABC, ACL, ACT and 

Fishery HG (Weights in Metric Tons) 

Stocks/Stock Complexes Area OFL ABC ACLa1 

COWCODc/ S. of 40°10' N. lat. 74 67 10 

COW COD (Conception) 61 56 NA 

COW COD (Monterey) 13 11 NA 

YELLOWEYE ROCKFISH d/ Coastwide 82 74 48 

Arrowtooth Flounder e/ Coastwide 18,696 15,574 15,574 

Big Skate f/ Coastwide 541 494 494 

Black Rockfish g/ California (S. of 42° N. 344 329 329 lat.) 

Black Rockfish h/ Washington (N. of 46° 16' 312 298 298 N. lat.) 

Bocaccio i/ S. of 40°10' N. lat. 2,194 2,097 2,097 

Cabezonj/ California (S. of 42° N. 154 147 147 lat.) 

California Scorpionfish k/ S. of34°27' N. lat. 337 313 313 

Canary Rockfish 11 Coastwide 1,517 1,450 1,450 

Chili pepper Rockfish m/ S. of 40°10' N. lat. 2,652 2,536 2,536 

Darkblotched Rockfish n/ Coastwide 800 765 765 

Dover Sole o/ Coastwide 91,102 87,094 50,000 

English Sole p/ Coastwide 11,052 10,090 10,090 

Lingcod q/ N. of 40°10' N. lat. 5,110 4,885 4,871 

Lingcod r/ S. of 40°10' N. lat. 1,143 1,093 1,039 

Longnose Skate s/ Coastwide 2,499 2,389 2,000 

Longspine Thornyhead t/ N. of 34 °27' N. lat. 2,603 

Longspine Thornyhead u/ S. of34°27' N. lat. 4,112 3,425 822 

Pacific Cod v/ Coastwide 3,200 2,221 1,600 

Pacific Whiting w/ Coastwide y/ y/ y/ 

Pacific Ocean Perch x/ N. of 40°10' N lat. 4,753 4,340 4,340 

Petrale Soley/ Coastwide 3,042 2,908 2,908 

Sablefish z/ N. of36° N. lat. 

8,489 7,750 5,606 

Sablefish aa/ S. of 36° N. lat 1,990 

Shortbelly Rockfish bb/ Coastwide 6,950 5,789 500 

Shortspine Thornyhead cc/ N. of 34 °27' N. lat. 1,683 

Shortspine Thornyhead dd/ S. of34°27' N. lat. 3,089 2,573 890 

Fishery 

HGb1 

8 

NA 

NA 

42 

13,479 

452 

328 

280 

2,051 

147 

311 

1,383 

2,451 

731 

48,404 

9,874 

4,593 

1,028 

1,852 

2,553 

821 

1,094 

y/ 

4,318 

2,587 

See 

Table 1c 

1,986 

483 

1,618 

889 
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Spiny Dogfish eel Coastwide 2,486 2,071 2,071 

Splitnose Rockfish ff/ S. of 40°10' N. lat. 1,831 1,750 1,750 

Starry Flounder gg/ Coastwide 652 452 452 

Widow Rockfish hh/ Coastwide 12,375 11,831 11,831 

Yellowtail Rockfish ii/ N. of 40°10' N. lat. 6,568 5,997 5,997 

Black Rockfish/Blue Oregon (Between 46° 16' 677 617 617 Rockfish/Deacon Rockfish jj/ N. lat. and 42° N. lat.) 

Cabezon/Kelp Greenling kk/ Oregon (Between 46° 16' 230 218 218 N. lat. and 42° N. lat.) 

Cabezon/Kelp Greenling ll/ Washington (N. of 46° 16' 13 11 11 N. lat.) 

Nearshore Rockfish mm/ N. of 40°1 0' N. lat. 91 81 81 

Shelf Rockfish nn/ N. of 40°1 0' N. lat. 2,309 2,054 2,054 

Slope Rockfish oo/ N. of 40°10' N. lat. 1,887 1,746 1,746 

Nearshore Rockfish pp/ S. of 40°10' N. lat. 1,300 1,145 1,142 

Shelf Rockfish qq/ S. of 40°10' N. lat. 1,919 1,625 1,625 

Slope Rockfish rr/ S. of 40°10' N. lat. 856 744 744 

Other Flatfish ss/ Coastwide 8,750 6,498 6,498 

Other Fish ttl Coastwide 286 239 239 

a/ Annual catch limits (ACLs), annual catch targets (ACTs) and harvest guidelines (HGs) are 

specified as total catch values. 

b/ Fishery HGs means the HG or quota after subtracting Pacific Coast treaty Indian tribes 

1,738 

1,733 

433 

11,583 

4,952 

616 

218 

11 

79 

1,977 

1,665 

1,138 

1,546 

724 

6,249 

230 

allocations and projected catch, projected research catch, deductions for fishing mortality in nongroundfish fisheries, and deductions for EFPs from the ACL or ACT. 

c/ Cowcod south of 40°10' N lat. 2 mt is deducted from the ACL to EFP fishing (less than 0.1 

mt) and research activity (2 mt), resulting in a fishery HG of 8 mt. Any additional mortality in 

research activities will be deducted from the ACL. A single ACT of 6 mt is being set for the 

Conception and Monterey areas combined. 

d/ Y elloweye rockfish. The 48 mt ACL is based on the current rebuilding plan with a target year 

to rebuild of 2029 and an SPR harvest rate of 65 percent. 6.1 mt is deducted from the ACL to 

accommodate the Tribal fishery (2.3 mt), the incidental open access fishery (0.62 mt), EFP catch 

(0.24 mt) and research catch (2.92 mt), resulting in a fishery HG of 42 mt. The non-trawl HG is 
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38.6 mt. The non-nearshore HG is 2.0 mt and the nearshore HG is 6.0 mt. Recreational HGs are: 

10 mt (Washington); 8.9 mt (Oregon); and 11.6 mt (California). In addition, there are the 

following ACTs: non-nearshore (1.6 mt), nearshore (4.7 mt), Washington recreational (7.8 mt), 

Oregon recreational (7.0 mt), and California recreational (9.1 mt). 

e/ Arrowtooth flounder. 2,094.9 mt is deducted from the ACL to accommodate the Tribal fishery 

(2,041 mt), the incidental open access fishery (40.8 mt), EFP fishing (0.1 mt), and research catch 

(13 mt), resulting in a fishery HG of 13,479 mt. 

f/ Big skate. 41.9 mt is deducted from the ACL to accommodate the Tribal fishery (15 mt), the 

incidental open access fishery (21.3 mt), EFP fishing (0.1 mt), and research catch (5.5 mt), 

resulting in a fishery HG of 452 mt. 

g/ Black rockfish (California). 1.3 mt is deducted from the ACL to accommodate EFP fishing 

(1.0 mt) and incidental open access fishery (0.3 mt), resulting in a fishery HG of 328 mt. 

h/ Black rockfish (Washington). 18.1 mt is deducted from the ACL to accommodate the Tribal 

fishery (18 mt) and research catch (0.1 mt), resulting in a fishery HG of280 mt. 

i/ Bocaccio south of 40°10' N lat. The stock is managed with stock-specific harvest 

specifications south of 40°10' N. lat. and within the Minor Shelf Rockfish complex north of 

40°10' N.lat. 46.1 mt is deducted from the ACL to accommodate the incidental open access 

fishery (0.5 mt), EFP catch (40 mt) and research catch (5.6 mt), resulting in a fishery HG of 

2, 051 mt. The California recreational fishery south of 40°1 0' N lat has an HG of 863.4 mt. 

j/ Cabezon (California). 0.3 mt is deducted from the ACL to accommodate the incidental open 

access fishery, resulting in a fishery HG of 147 mt. 
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k/ California scorpionfish south of 34 °27' N lat. 2.4 mt is deducted from the ACL to 

accommodate the incidental open access fishery (2.2 mt) and research catch (0.2 mt), resulting in 

a fishery HG of 311 mt. 

11 Canary rockfish. 67.1 mt is deducted from the ACL to accommodate the Tribal fishery (50 mt), 

the incidental open access fishery (1.3 mt), EFP catch (8 mt), and research catch (7.8 mt), 

resulting in a fishery HG of 1,383 mt. Recreational HGs are: 47.1 mt (Washington); 70.7 mt 

(Oregon); and 127.3 mt (California). 

m/ Chilipepper rockfish south of 40°10' N lat. Chilipepper are managed with stock-specific 

harvest specifications south of 40°10'N. lat. and within the Minor Shelf Rockfish complex north 

of 40°10' N. lat. 84.9 mt is deducted from the ACL to accommodate the incidental open access 

fishery (11.5 mt), EFP fishing (60 mt), and research catch (13.4 mt), resulting in a fishery HG of 

2,451 mt. 

n/ Darkblotched rockfish. 33.8 mt is deducted from the ACL to accommodate the Tribal fishery 

(0.2 mt), the incidental open access fishery (24.5 mt), EFP catch (0.6 mt), and research catch (8.5 

mt) resulting in a fishery HG of 731 mt. 

o/ Dover sole. 1,595.6 mt is deducted from the ACL to accommodate the Tribal fishery (1,497 

mt), the incidental open access fishery (49.3 mt), EFP fishing (0.1 mt), and research catch (49.2 

mt), resulting in a fishery HG of 48,404 mt. 

p/ English sole. 216.2 mt is deducted from the ACL to accommodate the Tribal fishery (200 mt), 

the incidental open access fishery (8.1 mt), EFP fishing (0.1 mt), and research catch (8 mt), 

resulting in a fishery HG of9,874 mt. 
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q/ Lingcod north of 40°10' N lat. 278 mt is deducted from the ACL for the Tribal fishery (250 

mt), the incidental open access fishery (9.8 mt), EFP catch (1.6 mt) and research catch (16.6 mt), 

resulting in a fishery HG of 4,593 mt. 

r/ Lingcod south of 40°1 0' N lat. 11.3 mt is deducted from the ACL to accommodate the 

incidental open access fishery (8.1 mt) and research catch (3 .2 mt), resulting in a fishery HG of 

1,028 mt. 

s/ Longnose skate. 148.3 mt is deducted from the ACL to accommodate the Tribal fishery (130 

mt), incidental open access fishery (5.7 mt), EFP catch (0.1 mt), and research catch (12.5 mt), 

resulting in a fishery HG of 1,852 mt. 

tl Longspine thorny head north of 34°27' N. lat. 50.4 mt is deducted from the ACL to 

accommodate the Tribal fishery (30 mt), the incidental open access fishery (6.2 mt), and research 

catch (14.2 mt), resulting in a fishery HG of2,553 mt. 

u/ Longspine thorny head south of 34 °27' N. lat. 1.4 mt is deducted from the ACL to 

accommodate research catch, resulting in a fishery HG of 821 mt. 

v/ Pacific cod. 506.2 mt is deducted from the ACL to accommodate the Tribal fishery (500 mt), 

research catch (5.5 mt), EFP fishing (0.1 mt), and the incidental open access fishery (0.6 mt), 

resulting in a fishery HG of 1,094 mt. 

w/ Pacific whiting. Pacific whiting are assessed annually. The final specifications will be 

determined consistent with the U.S.-Canada Pacific Whiting Agreement and will be announced 

after the Council's April2019 meeting. 

x/ Pacific ocean perch north of 40°10' N lat. 22.4 mt is deducted from the ACL to accommodate 

the Tribal fishery (9.2 mt), the incidental open access fishery (10 mt), EFP fishing (0.1 mt), and 

research catch (3 .1 mt) resulting in a fishery HG of 4,318 mt. 
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y/ Petrale sole. 320.6 mt is deducted from the ACL to accommodate the Tribal fishery (290 mt), 

the incidental open access fishery (6.4 mt), EFP catch (0.1 mt), and research catch (24.1 mt), 

resulting in a fishery HG of 2,587 mt. 

z/ Sablefish north of36° N lat. The 40-10 adjustment is applied to the ABC to derive a coastwide 

ACL value because the stock is in the precautionary zone. This coastwide ACL value is not 

specified in regulations. The coastwide ACL value is apportioned north and south of 36° N. lat., 

using the 2003-2014 average estimated swept area biomass from the NMFS NWFSC trawl 

survey, with 73.8 percent apportioned north of36° N. lat. and 26.2 percent apportioned south of 

36° N. lat. The northern ACL is 5,606 mt and is reduced by 561 mt for the Tribal allocation (10 

percent of the ACL north of36° N. lat.). The 561 mt Tribal allocation is reduced by 1.5 percent 

to account for discard mortality. Detailed sablefish allocations are shown in Table 1c. 

aa/ Sablefish south of 36° N lat. The ACL for the area south of 36° N. lat. is 1,990 mt (26.2 

percent of the calculated coastwide ACL value). 4.2 mt is deducted from the ACL to 

accommodate the incidental open access fishery (1.8 mt) and research catch (2.4 mt), resulting in 

a fishery HG of 1,986 mt. 

bb/ Shortbelly rockfish. 17.2 mt is deducted from the ACL to accommodate the incidental open 

access fishery (8.9 mt), EFP catch (0.1 mt), and research catch (8.2 mt), resulting in a fishery HG 

of 483 mt. 

eel Shorts pine thorny head north of 34 °27' N. lat. 65.3 mt is deducted from the ACL to 

accommodate the Tribal fishery (50 mt), the incidental open access fishery ( 4.7 mt), EFP catch 

(0.1 mt), and research catch (10.5 mt), resulting in a fishery HG of 1,618 mt for the area north of 

34°27' N. lat. 
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dd/ Shortspine thomyhead south of34°27' N. lat. 1.2 mt is deducted from the ACL to 

accommodate the incidental open access fishery (0.5 mt) and research catch (0.7 mt), resulting in 

a fishery HG of 889 mt for the area south of 34 °27' N. lat. 

eel Spiny dogfish. 333 mt is deducted from the ACL to accommodate the Tribal fishery (275 mt), 

the incidental open access fishery (22.6 mt), EFP catch (1.1 mt), and research catch (34.3 mt), 

resulting in a fishery HG of 1,738 mt. 

ff/ Splitnose rockfish south of 40°10' N lat. Splitnose rockfish in the north is managed in the 

Slope Rockfish complex and with stock-specific harvest specifications south of 40°10' N. lat. 

16.6 mt is deducted from the ACL to accommodate the incidental open access fishery (5.8 mt), 

research catch (9.3 mt) and EFP catch (1.5 mt), resulting in a fishery HG of 1,733 mt. 

gg/ Starry flounder. 18.8 mt is deducted from the ACL to accommodate the Tribal fishery (2 mt), 

EFP catch (0.1 mt), research catch (0.6 mt), and the incidental open access fishery (16.1 mt), 

resulting in a fishery HG of 433 mt. 

hh/ Widow rockfish248.4 mt is deducted from the ACL to accommodate the Tribal fishery (200 

mt), the incidental open access fishery (3.1 mt), EFP catch (28 mt) and research catch (17.3 mt), 

resulting in a fishery HG of 11,583 mt. 

ii/ Yellowtail rockfish north of 40°10' N lat. 1,045.1 mt is deducted from the ACL to 

accommodate the Tribal fishery (1,000 mt), the incidental open access fishery (4.5 mt), EFP 

catch (20 mt) and research catch (20.6 mt), resulting in a fishery HG of 4,952 mt. 

jj/ Black rockfish/Blue rockfish/Deacon rockfish (Oregon). 1.2 mt is deducted from the ACL to 

accommodate the incidental open access fishery (0.3 mt) and EFP catch (0.9 mt), resulting in a 

fishery HG of 616 mt. 
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kk/ Cabezon/kelp greenling (Oregon). 0.2 mt is deducted from the ACL to accommodate EFP 

catch, resulting in a fishery HG of 218 mt. 

11/ Cabezon/kelp greenling (Washington). There are no deductions from the ACL so the fishery 

HG is equal to the ACL of 11 mt. 

mm/Nearshore Rockfish north of 40°10' N lat. 2.8 mt is deducted from the ACL to 

accommodate the Tribal fishery (1.5 mt), EFP fishing (0.1 mt), research catch (0.3 mt) and the 

incidental open access fishery (0.9 mt), resulting in a fishery HG of 79 mt. 

nn/ Shelf Rockfish north of 40°10' N lat. 76.9 mt is deducted from the ACL to accommodate the 

Tribal fishery (30 mt), the incidental open access fishery (17.7 mt), EFP catch (4.5 mt), and 

research catch (24.7 mt), resulting in a fishery HG of 1,977 mt. 

oo/ Slope Rockfish north of 40°10' N lat. 80.8 mt is deducted from the ACL to accommodate the 

Tribal fishery (36 mt), the incidental open access fishery (21.7 mt), EFP catch (1.5 mt), and 

research catch (21.6 mt), resulting in a fishery HG of 1,665 mt. 

pp/ Nearshore Rockfish south of 40°10' N lat. 4.1 mt is deducted from the ACL to accommodate 

the incidental open access fishery (1.4 mt) and research catch (2.7 mt), resulting in a fishery HG 

of 1,138 mt. 

qq/ Shelf Rockfish south of 40°10' N lat. 79.1 mt is deducted from the ACL to accommodate the 

incidental open access fishery (4.6 mt), EFP catch (60 mt), and research catch (14.5 mt), 

resulting in a fishery HG of 1,546 mt. 

rr/ Slope Rockfish south of 40°10' N lat. 20.2 mt is deducted from the ACL to accommodate the 

incidental open access fishery (16.9 mt), EFP catch (1 mt), and research catch (2.3 mt), resulting 

in a fishery HG of 724 mt. Blackgill rockfish has a stock-specific HG for the entire groundfish 

fishery south of 40°1 0' N lat. set equal to the species' contribution to the 40-1 0-adjusted ACL. 
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Harvest ofblackgill rockfish in all groundfish fisheries south of 40°10' N lat. counts against this 

HG of 159 mt. 

ss/ Other Flatfish. The Other Flatfish complex is comprised of flatfish species managed in the 

PCGFMP that are not managed with stock-specific OFLs/ABCs/ACLs. Most of the species in 

the Other Flatfish complex are unassessed and include: butter sole, curlfin sole, flathead sole, 

Pacific sanddab, rock sole, sand sole, and rex sole. 249.5 mt is deducted from the ACL to 

accommodate the Tribal fishery (60 mt), the incidental open access fishery (161.6 mt), EFP 

fishing (0.1 mt), and research catch (27.8 mt), resulting in a fishery HG of 6,249 mt. 

ttl Other Fish. The Other Fish complex is comprised of kelp greenling off California and leopard 

shark coastwide. 8.9 mt is deducted from the ACL to accommodate the incidental open access 

fishery (8.8 mt) and research catch (0.1 mt), resulting in a fishery HG of 230 mt. 
47452 Federal Register / Vol. 83, No. 182 / Wednesday, September 19, 2018 / Proposed Rules 


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Table lb. to Part 660, Subpart C-2019, Allocations by Species or Species Group (Weight 

in Metric Tons) 

Fishery HG Trawl Non-Trawl 

Stocks/Stock Complexes Area or ACT a/b/ % Mt % Mt 

Arrowtooth flounder Coastwide 13,479.1 95% 12,805.1 5% 674.0 

Big skate a/ Coastwide 452.1 95% 429.5 5% 22.6 

Bocaccio a/ S of 40°10' N. lat. 2,050.9 39% 800.7 61% 1,250.2 

Canary rockfish a/c/ Coastwide 1,382.9 72% 999.6 28% 383.3 

Chili pepper rockfish S of 40°10' N. lat. 2,451.1 75% 1,838.3 25% 612.8 

COWCOD a/b/ S of 40°10' N. lat. 6.0 36% 2.2 64% 3.8 

Darkblotched rockfish d/ Coastwide 731.2 95% 694.6 5% 36.6 

Dover sole Coastwide 48,404.4 95% 45,984.2 5% 2,420.2 

English sole Coastwide 9,873.8 95% 9,380.1 5% 493.7 

Lingcod N of 40' 10° N. lat. 4,593.0 45% 2,066.9 55% 2,526.2 

Lingcod S of 40' 10° N. lat. 1,027.7 45% 462.5 55% 565.2 

Longnose skate a/ Coastwide 1,851.7 90% 1,666.5 10% 185.2 

Longspine thornyhead N of 34°27' N. lat. 2,552.6 95% 2,425.0 5% 127.6 

Pacific cod Coastwide 1,093.8 95% 1,039.1 5% 54.7 

Pacific whiting Coastwide TBD 100% TBD 0% TBD 

Pacific ocean perch e/ N of 40°10' N. lat. 4,317.6 95% 4,101.7 5% 215.9 

Petrale sole Coastwide 2,587.4 95% 2,458.0 5% 129.4 

Sablefish N of36°N.lat. NA See Table 1c 

Sablefish S of 36° N. lat. 1,985.8 42% 834.0 58% 1,151.8 

Shortspine thornyhead N of 34°27' N. lat. 1,617.7 95% 1,536.8 5% 80.9 

Shortspine thornyhead S of 34°27' N. lat. 888.8 NA 50.0 NA 838.8 

Splitnose rockfish S of 40°10' N. lat. 95% 1,646.7 5% 86.7 
Federal Register / Vol. 83, No. 182 / Wednesday, September 19, 2018 / Proposed Rules 47453 


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1,733.4 

Starry flounder Coastwide 433.2 50% 216.6 50% 216.6 

Widow rockfish f/ Coastwide 11,582.6 91% 10,540.2 9% 1,042.4 

YELLOWEYE ROCKFISH Coastwide 41.9 8% 3.4 92% 38.6 

Yellowtail rockfish N of 40°10' N. lat. 4,951.9 88% 4,357.7 12% 594.2 

Minor Shelf Rockfish North 

a/ N of 40°10' N. lat. 1,977.1 60.2% 1,190.2 39.8% 786.9 

Minor ShelfRockfish South 

a/ S of 40°10' N. lat. 1,545.9 12.2% 188.6 87.8% 1,357.3 

Minor Slope Rockfish North N of 40°1 0' N. lat. 1,665.2 81% 1,348.8 19% 316.4 

Minor Slope Rockfish South S of 40°1 0' N. lat. 723.8 63% 456.0 37% 267.8 

Other Flatfish Coastwide 6,248.5 90% 5,623.7 10% 624.9 

a/ Allocations decided through the biennial specification process. 

b/ The cowcod fishery harvest guideline is further reduced to an ACT of 6.0 mt. 

c/ 46 mt of the total trawl allocation of canary rockfish is allocated to the MS and C/P sectors, as follows: 

30 mt for the MS sector, and 16 mt for the C/P sector. 

d/ Consistent with regulations at §660.55(c), 9 percent (62.5 mt) of the total trawl allocation for 

darkblotched rockfish is allocated to the Pacific whiting fishery, as follows: 26.3 mt for the Shorebased IFQ 

Program, 15.0 mt for the MS sector, and 21.3 mt for the C/P sector. The tonnage calculated here for the 

Pacific whiting IFQ fishery contributes to the total shorebased trawl allocation, which is found at 

§660.140( d)(1 )(ii)(D). 

e/ Consistent with regulations at §660.55(c), 17 percent (697.3 mt) of the total trawl allocation for Pacific 

ocean perch is allocated to the Pacific whiting fishery, as follows: 292.9 mt for the Shorebased IFQ 

Program, 167.4 mt for the MS sector, and 237.1 mt for the C/P sector. The tonnage calculated here for the 

Pacific whiting IFQ fishery contributes to the total shorebased trawl allocation, which is found at 

§660.140( d)(1 )(ii)(D). 

f/ Consistent with regulations at §660.55(c), 10 percent (1,054 mt) of the total trawl allocation for widow 

rockfish is allocated to the whiting fisheries, as follows: 442.7 mt for the shorebased IFQ fishery, 253 mt 

for the mothership fishery, and 358.4 mt for the catcher/processor fishery. The tonnage calculated here for 

the whiting portion of the shorebased IFQ fishery contributes to the total shorebased trawl allocation, which 

is found at §660.140(d)(1)(ii)(D). 

EP19SE18.012</GPH>amozie on DSK3GDR082PROD with PROPOSALS2

Table lc. to Part 660, Subpart C- Sablefish North of 36° N. lat. Allocations, 2019 

Limit

Set-asides 

Recreational Commercial 

Year ACL Tribal a/ Research Estimate EFP HG Perce

2019 5,606 561 30.68 6 1.1 5,007 90.6 

Limited Entry Trawl c/ Limited Entry 

Year LEAll All Trawl At-sea Whiting Shorebased IFQ AllFG Pr

2019 4,537 2,631 50 2,581 1,905 1

a/ The tribal allocation is further reduced by 1.5 percent for discard mortality resulting in 553 mt in 2019. 

b/ The open access HG is taken by the incidental OA fishery and the directed OA fishery. 

c/ The trawl allocation is 58 percent of the limited entry HG. 

d/ The limited entry fixed gear allocation is 42 percent of the limited entry HG. 
Federal Register / Vol. 83, No. 182 / Wednesday, September 19, 2018 / Proposed Rules 47455 


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T a e bl ld . t P t 0 ar 660 S b t C At S Wh.f F. h A IS t A .d 2019 ' u ,par - - ea 1 mg 1s ery nnua e - s1 es, 

Set Aside 

Stock or Stock Complex Area (mt) 

COW COD S. of 40°10 N. lat. NA 

YELLOWEYE ROCKFISH Coastwide 0 

Arrowtooth flounder Coastwide 70 

Bocaccio S. of 40°10 N. lat. NA 

Canary rockfish a/ Coastwide Allocation 

Chilipepper rockfish S. of 40°10 N. lat. NA 

Darkblotched rockfish b/ Coastwide 36.3 

Dover sole Coastwide 5 

English sole Coastwide 5 

Lingcod N. of 40°10 N. lat. 15 

Lingcod S. of 40°10 N. lat. NA 

Longnose skate Coastwide 5 

Longspine thornyhead N. of34°27 N. lat. 5 

Longspine thornyhead S. of 34°27 N. lat. NA 

Minor Nearshore Rockfish N. of 40°10 N. lat. NA 

Minor Nearshore Rockfish S. of 40°10 N. lat. NA 

Minor Shelf Rockfish N. of 40°10 N. lat. 35 

Minor Shelf Rockfish S. of 40°10 N. lat. NA 

Minor Slope Rockfish N. of 40°10 N. lat. 100 

Minor Slope Rockfish S. of 40°10 N. lat. NA 

Other Fish Coastwide NA 

Other Flatfish Coastwide 20 

Pacific cod Coastwide 5 

Pacific Halibut c/ Coastwide 10 

Pacific ocean perch d/ N. of 40°10 N. lat. 404.5 

Pacific Whiting Coastwide Allocation 

Petrale sole Coastwide 5 

Sablefish N. of36° N. lat. 50 

Sablefish S. of 36° N. lat. NA 

Shortspine thornyhead N. of34°27 N. lat. 30 

Shortspine thornyhead S. of34°27 N. lat. NA 

Starry flounder Coastwide 5 

Widow Rockfish a/ Coastwide Allocation 

Yellowtail rockfish N. of 40°10 N. lat. 300 

a/ See Table 1.b., to Subpart C, for the at-sea whiting allocations for these species. 
47456 Federal Register / Vol. 83, No. 182 / Wednesday, September 19, 2018 / Proposed Rules 

■ 11. Tables 2a to part 660, subpart C 

through 2d to part 660, supbart C are 

revised to read as follows: 

Sec. 

* * * * * 

Table 2a. to Part 660, Subpart C—2020, and 

Beyond, Specifications of OFL, ABC, 

ACL, ACT and Fishery Harvest 

Guidelines (Weights in Metric Tons) 

Table 2b. to Part 660, Subpart C—2020, and 

Beyond, Allocations by Species or 

Species Group [Weight in Metric Tons] 

Table 2c. to Part 660, Subpart C—Sablefish 

North of 36° N lat. Allocations, 2020 and 

Beyond 

Table 2d. to Part 660, Subpart C—At-Sea 

Whiting Fishery Annual Set-Asides, 

2020 and Beyond 

* * * * * 


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Federal Register / Vol. 83, No. 182 / Wednesday, September 19, 2018 / Proposed Rules 47457 


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Table 2a. to Part 660, Subpart C-2020, and Beyond, Specifications of OFL, ABC, ACL, 

ACT and Fishery Harvest Guidelines (Weights in Metric Tons) 

' ' ' ... ,' ; ' ' ' 

StockslStock Co!hplexes ·.· . ·•·• Area . fc\~~t'~"''";2,i(l'" ·····,•··· ..... · ••. •··••··· •r ' ~~· ~ li.. ~h.~- · • 

COWCOD c/ S. of 40°10' N. lat. 76 68 10 8 

COW COD (Conception) 62 57 NA NA 

COW COD (Monterey) 13 11 NA NA 

YELLOWEYE ROCKFISH 

d/ Coastwide 84 77 49 43 

Arrowtooth Flounder e/ Coastwide 15,306 12,750 12,750 10,655 

Big Skate f/ Coastwide 541 494 494 452 

Black Rockfish g/ California (S. of 42° N. 

lat.) 341 326 326 325 

Black Rockfish h/ Washington (N. of 46° 16' 

N. lat.) 311 297 297 279 

Bocaccio i/ S. of 40°10' N. lat. 2,104 2,011 2,011 1,965 

Cabezonj/ California (S. of 42° N. 

lat.) 153 146 146 146 

California Scorpionfish kl S. of34°27' N. lat. 331 307 307 305 

Canary Rockfish 11 Coastwide 1,431 1,368 1,368 1,301 

Chili pepper Rockfish m/ S. of 40°10' N. lat. 2,521 2,410 2,410 2,325 

Darkblotched Rockfish n/ Coastwide 853 815 815 781 

Dover Sole o/ Coastwide 92,048 87,998 50,000 48,404 

English Sole p/ Coastwide 11,101 10,135 10,135 9,919 

Lingcod q/ N. of 40°10' N. lat. 4,768 4,558 4,541 4,263 

Lingcod r/ S. of 40°10' N. lat. 977 934 869 858 

Longnose Skate s/ Coastwide 2,474 2,365 2,000 1,852 

Longspine Thornyhead t/ N. of 34 °27' N. lat. 

3,901 3,250 2,470 2,420 

Longspine Thornyhead u/ S. of34°27' N. lat. 780 779 

Pacific Cod v/ Coastwide 3,200 2,221 1,600 1,094 

Pacific Whiting w/ Coastwide y/ y/ y/ y/ 

Pacific Ocean Perch x/ N. of 40°10' N lat. 4,632 4,229 4,229 4,207 

Petrale Soley/ Coastwide 2,976 2,845 2,845 2,524 

Sablefish z/ N. of 36° N. lat. See 

8,648 7,896 5,723 Table 2c 

Sablefish aa/ S. of 36° N. lat 2,032 2,028 

Shortbelly Rocktl.sh bb/ Coastwide 6,950 5,789 500 483 

Shortspine Thornyhead cc/ N. of 34 °27' N. lat. 1,669 1,604 

Shortspine Thornyhead dd/ S. of34°27' N. lat. 3,063 2,551 883 882 

Spiny Dogfish eel Coastwide 2,472 2,059 2,059 1,726 
47458 Federal Register / Vol. 83, No. 182 / Wednesday, September 19, 2018 / Proposed Rules 


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Splitnose Rockfish ff/ S. of 40°10' N. lat. 1,810 1,731 1,731 

Starry Flounder gg/ Coastwide 652 452 452 

Widow Rockfish hh/ Coastwide 11,714 11,199 11,199 

Yellowtail Rockfish ii/ N. of 40°10' N. lat. 6,261 5,716 5,716 

Black Rockfish/Blue Oregon (Between 46° 16' 

Rockfish/Deacon Rockfish ii/ N. lat. and 42° N. lat.) 670 611 611 

Cabezon/Kelp Greenling kk/ Oregon (Between 46° 16' 

N. lat. and 42° N. lat.) 216 204 204 

Cabezon/Kelp Greenling ll/ Washington (N. of 46° 16' 

N. lat.) 12 10 10 

Nearshore Rockfish mm/ N. of 40°1 0' N. lat. 92 82 82 

Shelf Rockfish nn/ N. of 40°1 0' N. lat. 2,302 2,048 2,048 

Slope Rockfish oo/ N. of 40°10' N. lat. 1,873 1,732 1,732 

Nearshore Rockfish pp/ S. of 40°10' N. lat. 1,322 1,165 1,163 

ShelfRockfish qq/ S. of 40°10' N. lat. 1,919 1,626 1,625 

Slope Rockfish rr/ S. of 40°10' N. lat. 855 743 743 

Other Flatfish ss/ Coastwide 8,202 6,041 6,041 

Other Fish ttl Coastwide 286 239 239 

a/ Annual catch limits (ACLs), annual catch targets (ACTs) and harvest guidelines (HGs) are 

specified as total catch values. 

b/ Fishery HGs means the HG or quota after subtracting Pacific Coast treaty Indian tribes 

allocations and projected catch, projected research catch, deductions for fishing mortality in nongroundfish fisheries, and deductions for EFPs from the ACL or ACT. 

c/ Cowcod south of 40°10' N lat. 2 mt is deducted from the ACL to accommodate EFP fishing 

(less than 0.1 mt) and research activity (2 mt), resulting in a fishery HG of 8 mt. Any additional 

mortality in research activities will be deducted from the ACL. A single ACT of 6 mt is being set 

for the Conception and Monterey areas combined. 

d/ Y elloweye rockfish. The 49 mt ACL is based on the current rebuilding plan with a target year 

to rebuild of 2029 and an SPR harvest rate of 65 percent. 6.1 mt is deducted from the ACL to 

accommodate the Tribal fishery (2.3 mt), the incidental open access fishery (0.62 mt), EFP catch 

(0.24 mt) and research catch (2.92 mt), resulting in a fishery HG of 43 mt. The non-trawl HG is 

1,714 

433 

10,951 

4,671 

609 

204 

10 

79 

1,971 

1,651 

1,159 

1,546 

723 

5,792 

230 
Federal Register / Vol. 83, No. 182 / Wednesday, September 19, 2018 / Proposed Rules 47459 


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39.5 mt. The non-nearshore HG is 2.1 mt and the nearshore HG is 6.2 mt. Recreational HGs are: 

10.2 mt (Washington); 9.1 mt (Oregon); and 11.9 mt (California). In addition, there are the 

following ACTs: non-nearshore (1.7 mt), nearshore (4.9 mt), Washington recreational (8.1 mt), 

Oregon recreational (7.2 mt), and California recreational (9.4 mt). 

e/ Arrowtooth flounder. 2,094.9 mt is deducted from the ACL to accommodate the Tribal fishery 

(2,041 mt), the incidental open access fishery (40.8 mt), EFP fishing (0.1 mt), and research catch 

(13 mt), resulting in a fishery HG of 10,655 mt. 

f/ Big skate. 41.9 mt is deducted from the ACL to accommodate the Tribal fishery (15 mt), the 

incidental open access fishery (21.3 mt), EFP fishing (0.1 mt), and research catch (5.5 mt), 

resulting in a fishery HG of 452 mt. 

g/ Black rockfish (California). 1.3 mt is deducted from the ACL to accommodate EFP fishing 

(1.0 mt) and the incidental open access fishery (0.3 mt), resulting in a fishery HG of 325 mt. 

h/ Black rockfish (Washington). 18.1 mt is deducted from the ACL to accommodate the Tribal 

fishery (18 mt) and research catch (0.1 mt), resulting in a fishery HG of279 mt. 

i/ Bocaccio south of 40°10' N lat. The stock is managed with stock-specific harvest 

specifications south of 40°10' N. lat. and within the Minor Shelf Rockfish complex north of 

40°10' N.lat. 46.1 mt is deducted from the ACL to accommodate the incidental open access 

fishery (0.5 mt), EFP catch (40 mt) and research catch (5.6 mt), resulting in a fishery HG of 

1,965 mt. The California recreational fishery has an HG of 827.2 mt. 

j/ Cabezon (California). 0.3 mt is deducted from the ACL to accommodate the incidental open 

access fishery, resulting in a fishery HG of 146 mt. 
47460 Federal Register / Vol. 83, No. 182 / Wednesday, September 19, 2018 / Proposed Rules 


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k/ California scorpionfish south of 34 °27' N lat. 2.4 mt is deducted from the ACL to 

accommodate the incidental open access fishery (2.2 mt) and research catch (0.2 mt), resulting in 

a fishery HG of 305 mt. 

11 Canary rockfish. 67.1 mt is deducted from the ACL to accommodate the Tribal fishery (50 

mt), the incidental open access fishery (1.3 mt), EFP catch (8 mt), and research catch (7.8 mt), 

resulting in a fishery HG of 1,301 mt. Recreational HGs are: 44.3 mt (Washington); 66.5 mt 

(Oregon); and 119.7 mt (California). 

m/ Chilipepper rockfish south of 40°10' N lat. Chilipepper are managed with stock-specific 

harvest specifications south of 40°10'N. lat. and within the Minor Shelf Rockfish complex north 

of 40°10' N. lat. 84.9 mt is deducted from the ACL to accommodate the incidental open access 

fishery (11.5 mt), EFP fishing (60 mt), and research catch (13.4 mt), resulting in a fishery HG of 

2,325 mt. 

n/ Darkblotched rockfish. 33.8 mt is deducted from the ACL to accommodate the Tribal fishery 

(0.2 mt), the incidental open access fishery (24.5 mt), EFP catch (0.6 mt), and research catch (8.5 

mt) resulting in a fishery HG of 781 mt. 

o/ Dover sole. 1,595.6 mt is deducted from the ACL to accommodate the Tribal fishery (1,497 

mt), the incidental open access fishery (49.3 mt), EFP fishing (0.1 mt), and research catch (49.2 

mt), resulting in a fishery HG of 48,404 mt. 

p/ English sole. 216.2 mt is deducted from the ACL to accommodate the Tribal fishery (200 mt), 

the incidental open access fishery (8.1 mt), EFP fishing (0.1 mt), and research catch (8 mt), 

resulting in a fishery HG of9,919 mt. 
Federal Register / Vol. 83, No. 182 / Wednesday, September 19, 2018 / Proposed Rules 47461 


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q/ Lingcod north of 40°10' N lat. 278 mt is deducted from the ACL for the Tribal fishery (250 

mt), the incidental open access fishery (9.8 mt), EFP catch (1.6 mt) and research catch (16.6 mt), 

resulting in a fishery HG of 4,263 mt. 

r/ Lingcod south of 40°1 0' N lat. 11.3 mt is deducted from the ACL to accommodate the 

incidental open access fishery (8.1 mt) and research catch (3 .2 mt), resulting in a fishery HG of 

858 mt. 

s/ Longnose skate. 148.3 mt is deducted from the ACL to accommodate the Tribal fishery (130 

mt), incidental open access fishery (5.7 mt), EFP catch (0.1 mt), and research catch (12.5 mt), 

resulting in a fishery HG of 1,852 mt. 

tl Longspine thomyhead. 50.4 mt is deducted from the ACL to accommodate the Tribal fishery 

(30 mt), the incidental open access fishery (6.2 mt), and research catch (14.2 mt), resulting in a 

fishery HG of 2,420 mt. 

u/ Longspine thorny head south of 34°27' N. lat. 1.4 mt is deducted from the ACL to research 

catch, resulting in a fishery HG of 779 mt. 

v/ Pacific cod. 506.2 mt is deducted from the ACL to accommodate the Tribal fishery (500 mt), 

EFP catch (0.1 mt), research catch (5.5 mt), and the incidental open access fishery (0.6 mt), 

resulting in a fishery HG of 1,094 mt. 

w/ Pacific whiting. Pacific whiting are assessed annually. The final specifications will be 

determined consistent with the U.S.-Canada Pacific Whiting Agreement and will be announced 

after the Council's April 2020 meeting. 

x/ Pacific ocean perch north of 40°10' N lat. 22.4 mt is deducted from the ACL to accommodate 

the Tribal fishery (9.2 mt), the incidental open access fishery (10 mt), EFP fishing (0.1 mt), and 

research catch (3 .1 mt)-resulting in a fishery HG of 4,207 mt. 
47462 Federal Register / Vol. 83, No. 182 / Wednesday, September 19, 2018 / Proposed Rules 


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y/ Petrale sole. 320.6 mt is deducted from the ACL to accommodate the Tribal fishery (290 mt), 

the incidental open access fishery (6.4 mt), EFP catch (0.1 mt), and research catch (24.1 mt), 

resulting in a fishery HG of 2,524 mt. 

z/ Sablefish north of36° N lat. The 40-10 adjustment is applied to the ABC to derive a coastwide 

ACL value because the stock is in the precautionary zone. This coastwide ACL value is not 

specified in regulations. The coastwide ACL value is apportioned north and south of 36° N. lat., 

using the 2003-2014 average estimated swept area biomass from the NMFS NWFSC trawl 

survey, with 73.8 percent apportioned north of36° N. lat. and 26.2 percent apportioned south of 

36° N. lat. The northern ACL is 5, 723 mt and is reduced by 572 mt for the Tribal allocation (1 0 

percent of the ACL north of36° N. lat.). The 572 mt Tribal allocation is reduced by 1.5 percent 

to account for discard mortality. Detailed sablefish allocations are shown in Table 2c. 

aa/ Sablefish south of 36° N lat. The ACL for the area south of 36° N. lat. is 2,032 mt (26.2 

percent of the calculated coastwide ACL value). 4.2 mt is deducted from the ACL to 

accommodate the incidental open access fishery (1.8 mt) and research catch (2.4 mt), resulting in 

a fishery HG of2,028 mt. 

bb/ Shortbelly rockfish. 17.2 mt is deducted from the ACL to accommodate the incidental open 

access fishery (8.9 mt), EFP catch (0.1 mt), and research catch (8.2 mt), resulting in a fishery HG 

of 483 mt. 

eel Shorts pine thorny head north of 34 °27' N. lat. 65.3 mt is deducted from the ACL to 

accommodate the Tribal fishery (50 mt), the incidental open access fishery ( 4.7 mt), EFP catch 

(0.1 mt), and research catch (10.5 mt), resulting in a fishery HG of 1,604 mt for the area north of 

34°27' N. lat. 
Federal Register / Vol. 83, No. 182 / Wednesday, September 19, 2018 / Proposed Rules 47463 


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dd/ Shortspine thomyhead south of34°27' N. lat. 1.2 mt is deducted from the ACL to 

accommodate the incidental open access fishery (0.5 mt) and research catch (0.7 mt), resulting in 

a fishery HG of 882 mt for the area south of 34 °27' N. lat. 

eel Spiny dogfish. 333 mt is deducted from the ACL to accommodate the Tribal fishery (275 mt), 

the incidental open access fishery (22.6 mt), EFP catch (1.1 mt), and research catch (34.3 mt), 

resulting in a fishery HG of 1,726 mt. 

ff/ Splitnose rockfish south of 40°10' N lat. Splitnose rockfish in the north is managed in the 

Slope Rockfish complex and with stock-specific harvest specifications south of 40°10' N. lat. 

16.6 mt is deducted from the ACL to accommodate the incidental open access fishery (5.8 mt), 

research catch (9.3 mt) and EFP catch (1.5 mt), resulting in a fishery HG of 1,714 mt. 

gg/ Starry flounder. 18.8 mt is deducted from the ACL to accommodate the Tribal fishery (2 mt), 

EFP catch (0.1 mt), research catch (0.6 mt), and the incidental open access fishery (16.1 mt), 

resulting in a fishery HG of 433 mt. 

hh/ Widow rockfish. 248.4 mt is deducted from the ACL to accommodate the Tribal fishery (200 

mt), the incidental open access fishery (3.1 mt), EFP catch (28 mt) and research catch (17.3 mt), 

resulting in a fishery HG of 10,951 mt. 

ii/ Yellowtail rockfish north of 40°10' N lat. 1,045.1 mt is deducted from the ACL to 

accommodate the Tribal fishery (1,000 mt), the incidental open access fishery (4.5 mt), EFP 

catch (20 mt) and research catch (20.6 mt), resulting in a fishery HG of 4,671 mt. 

jj/ Black rockfish/Blue rockfish/Deacon rockfish (Oregon). 1.2 mt is deducted from the ACL to 

accommodate the incidental open access fishery (0.3 mt) and EFP catch (0.9 mt), resulting in a 

fishery HG of 609 mt. 
47464 Federal Register / Vol. 83, No. 182 / Wednesday, September 19, 2018 / Proposed Rules 


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kk/ Cabezon/Kelp greenling (Oregon). 0.2 mt is deducted from the ACL to accommodate EFP 

catch, resulting in a fishery HG of 204 mt. 

11/ Cabezon/Kelp greenling (Washington). There are no deductions from the ACL so the fishery 

HG is equal to the ACL of 10 mt. 

mm/ Nearshore Rockfish north of 40°10' N lat. 2.8 mt is deducted from the ACL to 

accommodate the Tribal fishery (1.5 mt), EFP catch (0.1 mt), research catch (0.3), and the 

incidental open access fishery (0.9 mt), resulting in a fishery HG of 79 mt. 

nn/ Shelf Rockfish north of 40°10' N lat. 76.9 mt is deducted from the ACL to accommodate the 

Tribal fishery (30 mt), the incidental open access fishery (17.7 mt), EFP catch (4.5 mt), and 

research catch (24.7 mt), resulting in a fishery HG of 1,971 mt. 

oo/ Slope Rockfish north of 40°10' N lat. 80.8 mt is deducted from the ACL to accommodate the 

Tribal fishery (36 mt), the incidental open access fishery (21.7 mt), EFP catch (1.5 mt), and 

research catch (21.6 mt), resulting in a fishery HG of 1,651 mt. 

pp/ Nearshore Rockfish south of 40°10' N lat. 4.1 mt is deducted from the ACL to accommodate 

the incidental open access fishery (1.4 mt) and research catch (2.7 mt), resulting in a fishery HG 

of 1,159 mt. 

qq/ Shelf Rockfish south of 40°10' N lat. 79.1 mt is deducted from the ACL to accommodate the 

incidental open access fishery (4.6 mt), EFP catch (60 mt), and research catch (14.5 mt), 

resulting in a fishery HG of 1,546 mt. 

rr/ Slope Rockfish south of 40°10' N lat. 20.2 mt is deducted from the ACL to accommodate the 

incidental open access fishery (16.9 mt), EFP catch (1 mt), and research catch (2.3 mt), resulting 

in a fishery HG of 723 mt. Blackgill rockfish has a stock-specific HG for the entire groundfish 

fishery south of 40°1 0' N lat. set equal to the species' contribution to the 40-1 0-adjusted ACL. 
Federal Register / Vol. 83, No. 182 / Wednesday, September 19, 2018 / Proposed Rules 47465 


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Harvest ofblackgill rockfish in all groundfish fisheries south of 40°10' N lat counts against this 

HG of 159 mt. 

ss/ Other Flatfish. The Other Flatfish complex is comprised of flatfish species managed in the 

PCGFMP that are not managed with stock-specific OFLs/ABCs/ACLs. Most of the species in 

the Other Flatfish complex are unassessed and include: butter sole, curlfin sole, flathead sole, 

Pacific sanddab, rock sole, sand sole, and rex sole. 249.5 mt is deducted from the ACL to 

accommodate the Tribal fishery (60 mt), the incidental open access fishery (161.6 mt), EFP 

fishing (0.1 mt), and research catch (27.8 mt), resulting in a fishery HG of 5, 792 mt. 

ttl Other Fish. The Other Fish complex is comprised of kelp greenling off California and leopard 

shark coastwide. 8.9 mt is deducted from the ACL to accommodate the incidental open access 

fishery (8.8 mt) and research catch (0.1 mt), resulting in a fishery HG of 230 mt. 
47466 Federal Register / Vol. 83, No. 182 / Wednesday, September 19, 2018 / Proposed Rules 


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Table 2b. to Part 660, Subpart C-2020, and Beyond, Allocations by Species or Species 

Group [Weight in Metric Tons] 

Fishery 

HGor 

ACTa/ Trawl 

Stocks/Stock Complexes Area b/ o/o Mt 

Arrowtooth flounder Coastwide 10,655.1 95% 10,122.3 

Big skate a/ Coastwide 452.1 95% 429.5 

S of 40°10' N. 

Bocaccio a/ lat. 1,964.9 39% 767.1 

Canary rockfish a/d/ Coastwide 1,300.9 72% 940.3 

S of 40°10' N. 

Chili pepper rockfish lat. 2,325.1 75% 1,743.8 

S of 40°10' N. 

COWCOD a/b/ lat. 6.0 36% 2.2 

Darkblotched rockfish c/ Coastwide 781.2 95% 742.1 

Dover sole Coastwide 48,404.4 95% 45,984.2 

English sole Coastwide 9,918.8 95% 9,422.9 

N of 40'10° N. 

Lingcod lat. 4,263.0 45% 1,918.4 

S of 40' 10° N. 

Lingcod lat. 857.7 45% 386.0 

Longnose skate a/ Coastwide 1,851.7 90% 1,666.5 

N of 34°27' N. 

Longspinethornyhead lat. 2,419.6 95% 2,298.6 

Pacific cod Coastwide 1,093.8 95% 1,039.1 

Pacific whiting Coastwide TBD 100% f/ 

N of 40°10' N. 

Pacific ocean perch e/ lat. 4,206.6 95% 3,996.3 

Petrale sole Coastwide 2,524.4 95% 2,398.2 

Non-trawl 

o/o Mt 

5% 532.8 

5% 22.6 

61% 1,197.8 

28% 360.6 

25% 581.3 

64% 3.8 

5% 39.1 

5% 2,420.2 

5% 495.9 

55% 2,344.7 

55% 471.7 

10% 185.2 

5% 121.0 

5% 54.7 

0% TBD 

5% 210.3 

5% 126.2 

Sablefish N of 36° N. lat. NA See Table 2c 

Sablefish S of36°N.lat. 2,027.8 42% 851.7 58% 1,176.1 

N of 34°27' N. 

Shortspine thorny head lat. 1,603.7 95% 1,523.5 5% 80.2 

Shortspine thorny head S of34°27' N. NA 50.0 NA 831.8 
Federal Register / Vol. 83, No. 182 / Wednesday, September 19, 2018 / Proposed Rules 47467 


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lat. 881.8 

S of 40°10' N. 

Splitnose rockfish lat. 1,714.4 95% 1,628.7 5% 85.7 

Stary flounder Coastwide 433.2 50% 216.6 50% 216.6 

Widow rockfish f/ Coastwide 10,950.6 91% 9,965.0 9% 985.6 

YELLOWEYE ROCKFISH Coastwide 42.9 8% 3.4 92% 39.5 

N of 40°1 0' N. 

Yellowtail rockfish lat. 4,670.9 88% 4,110.4 12% 560.5 

N of 40°10' N. 

Minor Shelf Rockfish North lat. 1,971.1 60.2% 1,186.6 39.8% 784.5 

S of 40°10' N. 

Minor ShelfRockfish South lat. 1,545.9 12.2% 188.6 87.8% 1,357.3 

N of 40°1 0' N. 

Minor Slope Rockfish North lat. 1,651.2 81% 1,337.5 19% 313.7 

S of 40°10' N. 

Minor Slope Rockfish South lat. 722.8 63% 455.4 37% 267.4 

Other Flatfish Coastwide 5,791.5 90% 5,212.4 10% 579.2 

a/ Allocations decided through the biennial specification process. 

b/ The cowcod fishery harvest guideline is further reduced to an ACT of 6.0 mt. 

c/46 mt of the total trawl allocation of canary rockfish is allocated to the MS and C/P sectors, as follows: 

30 mt for the MS sector, and 16 mt for the C/P sector. 

d/ Consistent with regulations at §660.55(c), 9 percent (66.8 mt) of the total trawl allocation for 

darkblotched rockfish is allocated to the Pacific whiting fishery, as follows: 28.1 mt for the Shorebased IFQ 

Program, 16.0 mt for the MS sector, and 22.7 mt for the C/P sector. The tonnage calculated here for the 

Pacitl.c whiting IFQ tl.shery contributes to the total shorebased trawl allocation, which is found at 

§660 .140( d)(1 )(ii)(D). 

e/ Consistent with regulations at §660.55(c), 17 percent (679.4 mt) of the total trawl allocation for Pacific 

ocean perch is allocated to the Pacific whiting fishery, as follows: 285.3 mt for the Shorebased IFQ 

Program, 163.0 mt for the MS sector, and 231.0 mt for the C/P sector. The tonnage calculated here for the 

Pacific whiting IFQ fishery contributes to the total shorebased trawl allocation, which is found at 

§660.140( d)(1 )(ii)(D). 

f/ Consistent with regulations at §660.55(c), 10 percent (996.5 mt) of the total trawl allocation for widow 

rockfish is allocated to the whiting fisheries, as follows: 418.5 mt for the shorebased IFQ fishery, 239.2 mt 

for the mothership fishery, and 338.8 mt for the catcher/processor fishery. The tonnage calculated here for 

the whiting portion of the shorebased IFQ fishery contributes to the total shorebased trawl allocation, which 

is found at §660.140(d)(1)(ii)(D). 

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Table 2c. to Part 660, Subpart C- Sablefish North of 36° N. lat. Allocations, 2020 and Beyond 

Limit

Set-asides 

Recreational Commercial 

Year ACL Tribal aJ Research Estimate EFP HG Perce

2020 5,723 572 30.68 6 1.1 5,113 90.6 

Limited Entry Trawl c/ Limited Entry 

Year LEAll All Trawl At-sea Whiting Shorebased IFQ AllFG Pr

2020 4,632 2,687 50 2,637 1,946 1

a/ The tribal allocation is further reduced by 1.5 percent for discard mortality resulting in 563 mt in 2020. 

b/ The open access HG is taken by the incidental OA fishery and the directed OA fishery. 

c/ The trawl allocation is 58 percent of the limited entry HG 

d/ The limited entry fixed gear allocation is 42 percent of the limited entry HG 
Federal Register / Vol. 83, No. 182 / Wednesday, September 19, 2018 / Proposed Rules 47469 


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Table 2d. to Part 660, Subpart C - At-Sea Whiting Fishery Annual Set-Asides, 2020 

an dB eyon d 

Set Aside 

Stock or Stock Complex Area (mt) 

COW COD S. of 40°10 N. lat. NA 

YELLOWEYE ROCKFISH Coastwide 0 

Arrowtooth flounder Coastwide 70 

Bocaccio S. of 40°10 N. lat. NA 

Canary rockfish a/ Coastwide Allocation 

Chilipepper rockfish S. of 40°10 N. lat. NA 

Darkblotched rockfish b/ Coastwide 38.7 

Dover sole Coastwide 5 

English sole Coastwide 5 

Lingcod N. of 40°10 N. lat. 15 

Lingcod S. of 40°10 N. lat. NA 

Longnose skate Coastwide 5 

Longspine thornyhead N. of34°27 N. lat. 5 

Longspine thornyhead S. of 34°27 N. lat. NA 

Minor Nearshore Rockfish N. of 40°10 N. lat. NA 

Minor Nearshore Rockfish S. of 40°10 N. lat. NA 

Minor Shelf Rockfish N. of 40°10 N. lat. 35 

Minor Shelf Rockfish S. of 40°10 N. lat. NA 

Minor Slope Rockfish N. of 40°10 N. lat. 100 

Minor Slope Rockfish S. of 40°10 N. lat. NA 

Other Fish Coastwide NA 

Other Flatfish Coastwide 20 

Pacific cod Coastwide 5 

Pacific Halibut c/ Coastwide 10 

Pacific ocean perch d/ N. of 40°10 N. lat. 394 

Pacific Whiting Coastwide Allocation 

Petrale sole Coastwide 5 

Sablefish N. of36° N. lat. 50 

Sablefish S. of 36° N. lat. NA 

Shortspine thornyhead N. of34°27 N. lat. 30 

Shortspine thornyhead S. of34°27 N. lat. NA 

Starry flounder Coastwide 5 

Widow Rockfish a/ Coastwide Allocation 

Yellowtail rockfish N. of 40°10 N. lat. 300 

a/ See Table 1.b., to Subpart C, for the at-sea whiting allocations for these species. 
47470 Federal Register / Vol. 83, No. 182 / Wednesday, September 19, 2018 / Proposed Rules 

■ 12. In § 660.130, add paragraph 

(c)(2)(ii), revise paragraphs (d)(1)(ii) and 

(e)(6), and add paragraph (e)(8) to read 

as follows: 

§ 660.130 Trawl fishery—management 

measures. 

* * * * * 

(c) * * * 

(2) * * * 

(ii) The use of selective flatfish trawl 

gear is required inside the Klamath 

River Salmon Conservation Zone 

(defined at § 660.131(c)(1)) and the 

Columbia River Salmon Conservation 

Zone (defined at § 660.131(c)(2)). 

* * * * * 

(d) * * * 

(1) * * * 

(ii) North of 40°10′ N lat. POP, 

yellowtail rockfish, Washington 

cabezon/kelp greenling complex, 

Oregon cabezon/kelp greenling 

complex, cabezon off California; 

* * * * * 

(e) * * * 

(6) Bycatch reduction areas (BRAs). 

Vessels using midwater groundfish 

trawl gear during the applicable Pacific 

whiting primary season may be 

prohibited from fishing shoreward of a 

boundary line approximating the 75 fm 

(137 m), 100 fm (183 m), 150 fm (274 

m), or 200 fm (366 m) depth contours. 

* * * * * 

(8) Salmon conservation zones. 

Fishing with midwater trawl gear and 

bottom trawl gear, other than selective 

flatfish trawl gear, is prohibited in the 

following areas: 

(i) Klamath River Salmon 

Conservation Zone. The ocean area 

surrounding the Klamath River mouth 

bounded on the north by 41°38.80′ N 

lat. (approximately 6 nm north of the 

Klamath River mouth), on the west by 

124°23′ W long. (approximately 12 nm 

from shore), and on the south by 

41°26.80′ N lat. (approximately 6 nm 

south of the Klamath River mouth). 

(ii) Columbia River Salmon 

Conservation Zone. The ocean area 

surrounding the Columbia River mouth 

bounded by a line extending for 6 nm 

due west from North Head along 46°18′ 

N lat. to 124°13.30′ W long., then 

southerly along a line of 167 True to 

46°11.10′ N lat. and 124°11′ W long. 

(Columbia River Buoy), then northeast 

along Red Buoy Line to the tip of the 

south jetty. 

* * * * * 

■ 13. In § 660.131, remove and reserve 

paragraph (c)(3) and add paragraph (i). 

The addition reads as follows: 

§ 660.131 Pacific whiting fishery 

management measures. 

* * * * * 

(i) Salmon bycatch. This fishery may 

be closed through automatic action at 

§ 660.60(d)(1)(v) and (vi). 

■ 14. In § 660.140, revise paragraphs 

(d)(1)(ii)(D), (e)(4)(i), (g)(1), 

(h)(1)(i)(A)(3), and (l)(2) to read as 

follows: 

§ 660.140 Shorebased IFQ Program. 

* * * * * 

(d) * * * 

(1) * * * 

(ii) * * * 

(D) For the trawl fishery, NMFS will 

issue QP based on the following 

shorebased trawl allocations: 

IFQ species Area 

2019 

Shorebased 

trawl allocation 

(mt) 

2020 

Shorebased 

trawl allocation 

(mt) 

Arrowtooth flounder ...................................................... Coastwide ..................................................................... 12,735.1 10,052.3 

Bocaccio ....................................................................... South of 40°10′ N lat. ................................................... 800.7 767.1 

Canary rockfish ............................................................. Coastwide ..................................................................... 946.9 887.8 

Chilipepper .................................................................... South of 40°10′ N lat. ................................................... 1,838.3 1,743.8 

COWCOD ..................................................................... South of 40°10′ N lat. ................................................... 2.2 2.2 

Darkblotched rockfish ................................................... Coastwide ..................................................................... 658.4 703.4 

Dover sole .................................................................... Coastwide ..................................................................... 45,979.2 45,979.2 

English sole .................................................................. Coastwide ..................................................................... 9,375.1 9,417.9 

Lingcod ......................................................................... North of 40°10′ N lat. ................................................... 2,051.9 1,903.4 

Lingcod ......................................................................... South of 40°10′ N lat. ................................................... 462.5 386.0 

Longspine thornyhead .................................................. North of 34°27′ N lat. ................................................... 2,420.0 2,293.6 

Minor Shelf Rockfish complex ...................................... North of 40°10′ N lat. ................................................... 1,155.2 1,151.6 

Minor Shelf Rockfish complex ...................................... South of 40°10′ N lat. ................................................... 188.6 188.6 

Minor Slope Rockfish complex ..................................... North of 40°10′ N lat. ................................................... 1,248.8 1,237.5 

Minor Slope Rockfish complex ..................................... South of 40°10′ N lat. ................................................... 1,049.1 455.4 

Other Flatfish complex ................................................. Coastwide ..................................................................... 5,603.7 5,192.4 

Pacific cod .................................................................... Coastwide ..................................................................... 1,034.1 1,034.1 

Pacific ocean perch ...................................................... North of 40°10′ N lat. ................................................... 3,697.3 3,602.2 

Pacific whiting ............................................................... Coastwide ..................................................................... TBD TBD 

Petrale sole ................................................................... Coastwide ..................................................................... 2,453.0 2,393.2 

Sablefish ....................................................................... North of 36° N lat. ........................................................ 2,581.3 2,636.8 

Sablefish ....................................................................... South of 36° N lat. ........................................................ 834.0 851.7 

Shortspine thornyhead ................................................. North of 34°27′ N lat. ................................................... 1,511.8 1,498.5 

Shortspine thornyhead ................................................. South of 34°27′ N lat .................................................... 50.0 50.0 

Splitnose rockfish ......................................................... South of 40°10′ N lat. ................................................... 1,646.7 1,628.7 


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Federal Register / Vol. 83, No. 182 / Wednesday, September 19, 2018 / Proposed Rules 47471 

IFQ species Area 

2019 

Shorebased 

trawl allocation 

(mt) 

2020 

Shorebased 

trawl allocation 

(mt) 

Starry flounder .............................................................. Coastwide ..................................................................... 211.6 211.6 

Widow rockfish ............................................................. Coastwide ..................................................................... 9,928.8 9,387.1 

YELLOWEYE ROCKFISH ............................................ Coastwide ..................................................................... 3.4 3.4 

Yellowtail rockfish ......................................................... North of 40°10′ N lat .................................................... 4,057.7 3,810.4 

* * * * * 

(e) * * * 

(4) * * * 

(i) Vessel limits. For each IFQ species 

or species group specified in this 

paragraph, vessel accounts may not 

have QP or IBQ pounds in excess of the 

annual QP vessel limit in any year. The 

annual QP vessel limit is calculated as 

all QPs transferred in minus all QPs 

transferred out of the vessel account. 

Species category 

Annual QP 

vessel 

limit 

(in percent) 

Arrowtooth flounder .............. 20 

Bocaccio S of 40°10′ N lat ... 15.4 

Canary rockfish ..................... 10 

Chilipepper S of 40°10′ N lat 15 

Cowcod S of 40°10′ N lat ..... 17.7 

Darkblotched rockfish ........... 6.8 

Dover sole ............................ 3.9 

English sole .......................... 7.5 

Lingcod: 

N of 40°10′ N lat ............... 5.3 

S of 40°10′ N lat ............... 13.3 

Longspine thornyhead: 

N of 34°27′ N lat ............... 9 

Minor rockfish complex N of 

40°10′ N lat: 

Shelf species ..................... 7.5 

Slope species .................... 7.5 

Minor rockfish complex S of 

40°10′ N lat: 

Shelf species ..................... 13.5 

Slope species .................... 9 

Other Flatfish complex ......... 15 

Pacific cod ............................ 20 

Pacific halibut (IBQ) N of 

40°10′ N lat ....................... 14.4 

Pacific ocean perch N of 

40°10′ N lat ....................... 6 

Pacific whiting (shoreside) .... 15 

Petrale sole ........................... 4.5 

Sablefish: 

N of 36° N lat (Monterey 

north) ............................. 4.5 

S of 36° N lat (Conception 

area) .............................. 15 

Shortspine thornyhead: 

N of 34°27′ N lat ............... 9 

Species category 

Annual QP 

vessel 

limit 

(in percent) 

S of 34°27′ N lat ............... 9 

Splitnose rockfish S of 

40°10′ N lat ....................... 15 

Starry flounder ...................... 20 

Widow rockfish ..................... 8.5 

Yelloweye rockfish ................ 11.4 

Yellowtail rockfish N of 

40°10′ N lat ....................... 7.5 

Non-whiting groundfish species .................................... 3.2 

* * * * * 

(g) * * * 

(1) General. Shorebased IFQ Program 

vessels may discard IFQ species/species 

groups, and the discard mortality must 

be accounted for and deducted from QP 

in the vessel account. With the 

exception of vessels on Pacific whiting 

IFQ trips engaged in maximized 

retention, prohibited and protected 

species must be discarded at sea; Pacific 

halibut must be discarded as soon as 

practicable and the discard mortality 

must be accounted for and deducted 

from IBQ pounds in the vessel account. 

Non-IFQ species and non-groundfish 

species may be discarded at sea. The 

sorting of catch, the weighing and 

discarding of any IBQ and IFQ species, 

and the retention of IFQ species must be 

monitored by the observer. 

* * * * * 

(h) * * * 

(1) * * * 

(i) * * * 

(A) * * * 

(3) Is exempt from the requirement to 

maintain observer coverage as specified 

in this paragraph while remaining 

docked in port when the observer makes 

available to the catch monitor an 

Observer Program reporting form 

documenting the weight and number of 

any overfished species listed under a 

rebuilding plan at § 660.40 retained 

during that trip and which documents 

any discrepancy the vessel operator and 

observer may have in the weights and 

number of the overfished species, unless 

modified inseason under routine 

management measures at § 660.60(c)(1). 

* * * * * 

(l) * * * 

(2) AMP QP pass through. The 10 

percent of non-whiting QS will be 

reserved for the AMP, but the resulting 

AMP QP will be issued to all QS permit 

owners in proportion to their nonwhiting QS until an alternative use of 

AMP QP is implemented. 

■ 15. In § 660.150, revise paragraph 

(c)(1)(ii) to read as follows: 

§ 660.150 Mothership (MS) Coop Program. 

* * * * * 

(c) * * * 

(1) * * * 

(ii) Species with set-asides for the MS 

and C/P Coop Programs, as described in 

Table 1d and Table 2d, subpart C. 

* * * * * 

■ 16. In § 660.160, revise paragraph 

(c)(1)(ii) to read as follows: 

§ 660.160 Catcher/processor (C/P) Coop 

Program. 

* * * * * 

(c) * * * 

(1) * * * 

(ii) Species with set-asides for the MS 

and C/P Programs, as described in Table 

1d and 2d, subpart C. 

* * * * * 

■ 17. Revise Tables 1 (North) and 1 

(South) to part 660, subpart D to read as 

follows: 

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°10′ N Lat. 


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47472 Federal Register / Vol. 83, No. 182 / Wednesday, September 19, 2018 / Proposed Rules 

Table 1 (South) to Part 660, Subpart 

D—Limited Entry Trawl Rockfish 

Conservation Areas and Landing 

Allowances for non-IFQ Species and 

Pacific Whiting South of 40°10′ N Lat. 


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Federal Register / Vol. 83, No. 182 / Wednesday, September 19, 2018 / Proposed Rules 47473 

■ 18. In § 660.230, revise paragraphs 

(c)(2)(ii) and (d)(10)(ii) and add 

paragraph (f) to read as follows: 

§ 660.230 Fixed gear fishery— 

management measures. 

* * * * * 

(c) * * * 

(2) * * * 

(ii) North of 40°10′ N lat.—POP, 

yellowtail rockfish, cabezon (California), 

Washington cabezon/kelp greenling 

complex, Oregon cabezon/kelp 

greenling complex; 

* * * * * 

(d) * * * 

(10) * * * 

(ii) Fishing for rockfish and lingcod is 

permitted shoreward of the 40 fm (73 m) 

depth contour within the CCAs when 

trip limits authorize such fishing, and 

provided a valid declaration report as 

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

been filed with NMFS OLE. 

* * * * * 


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

Species and Pacific Whiting South of 40.10' 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 07/09/2018 

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

Rockfish Conservation Area (RCA) 11 : 

1 South of 40•10' N. lat. 100 fm line11 - 150 fm line 1121 

Small footrope trawl gear is required shoreward of the RCA; all trawl gear (large footrope, selective flatfish trawl, midwater trawl, and small footrope 

trawl gear) is permitted seaward of the RCA Large footrope trawl gear and midwater trawl gear are prohibited shoreward of the RCA Vessels 

fishing groundfish trawl quota pounds with groundfish non-trawl gears, under gear switching provisions at § 660.140, are subject to the 

limited entry groundfish trawl fishery landing allowances in this table, regardless of the type of fishing 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 Additional 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. 

2 Longspine thornyhead 

3 South of 34°27' N. lat. 24,000 lb/ 2 months 

Minor Nearshore Rockfish, California 

4 Black rockfish, & Oregon 300 lb/ month 

Black/Blue/Deacon rockfish 

5 Whiting 

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

6 midwatertrawl permitted in the RCA See §660.131 for season and trip limit details. -- After the primary whiting 

season: CLOSED. 

Before the primary whiting season: 20,000 lb/trip. --During the primary season: 10,000 lb/trip. -- 7 large & small footrope gear After the primary whiting season: 10,000 lb/trip. 

8 Cabezon 50 lb/ month 

9 Shortbelly rockfish Unlimited 

10 Spiny dogfish 60,000 lb/ month 

11 Big skate 5,000 lb/ 2 25,000 lb/ 2 30,000 lb/ 2 35,000 lb/ 2 10,000 lb/ 2 5,000 lb/ 2 

months months months months months months 

12 Longnose skate Unlimited 

13 California scorpionfish Unlimited 

14 Other Fish 31 Unlimited 

1/ The Rockfish Conservation Area is an area closed to fishing by particular gear types, bounded by lines specifically defined by latitude 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/ South of 34°27' N. lat., the RCA is 100 fm line- 150 fm line along the mainland coast; shoreline- 150 fm line around islands. 

3/ "Other Fish" are defined at§ 660.11 and include kelp greenling off California and leopard shark. 

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

-I 

)> 

llJ 

r 

m 

.....Jio. 

-en 

0 

s::::: 

,.... 

:::r 

-
47474 Federal Register / Vol. 83, No. 182 / Wednesday, September 19, 2018 / Proposed Rules 

(f) Salmon bycatch. This fishery may 

be closed through automatic action at 

§ 660.60(d)(1)(v) and (vi). 

■ 19. In § 660.231, revise paragraph 

(b)(3)(i) to read as follows: 

§ 660.231 Limited entry fixed gear 

sablefish primary fishery. 

* * * * * 

(b) * * * 

(3) * * * 

(i) A vessel participating in the 

primary season will be constrained by 

the sablefish cumulative limit 

associated with each of the permits 

registered for use with that vessel. 

During the primary season, each vessel 

authorized to fish in that season under 

paragraph (a) of this section may take, 

retain, possess, and land sablefish, up to 

the cumulative limits for each of the 

permits registered for use with that 

vessel (i.e., stacked permits). If multiple 

limited entry permits with sablefish 

endorsements are registered for use with 

a single vessel, that vessel may land up 

to the total of all cumulative limits 

announced in this paragraph for the 

tiers for those permits, except as limited 

by paragraph (b)(3)(ii) of this section. 

Up to 3 permits may be registered for 

use with a single vessel during the 

primary season; thus, a single vessel 

may not take and retain, possess or land 

more than 3 primary season sablefish 

cumulative limits in any one year. A 

vessel registered for use with multiple 

limited entry permits is subject to per 

vessel limits for species other than 

sablefish, and to per vessel limits when 

participating in the daily trip limit 

fishery for sablefish under § 660.232. In 

2019, the following annual limits are in 

effect: Tier 1 at 47,637 lb (21,608 kg), 

Tier 2 at 21,653 lb (9,822 kg), and Tier 

3 at 12,373 lb (5,612 kg). In 2020 and 

beyond, the following annual limits are 

in effect: Tier 1 at 48,642 lb (22,064 kg), 

Tier 2 at 22,110 lb (10,029 kg), and Tier 

3 at 12,634 lb (5,731 kg). 

* * * * * 

■ 20. Revise Tables 2 (North) and 2 

(South) to part 660, subpart E, to read 

as follows: 

Table 2 (North) to Part 660, Subpart 

E—Non-Trawl Rockfish Conservation 

Areas and Trip Limits for Limited Entry 

Fixed Gear North of 40°10′ N Lat. 


amozie on DSK3GDR082PROD with PROPOSALS2
Federal Register / Vol. 83, No. 182 / Wednesday, September 19, 2018 / Proposed Rules 47475 

Table 2 (South) to Part 660, Subpart 

E—Non-Trawl Rockfish Conservation 

Areas and Trip Limits for Limited Entry 

Fixed Gear South of 40°10′ N Lat. 


amozie on DSK3GDR082PROD with PROPOSALS2EP19SE18.031</GPH>

Table 2 (North) to Part 660, Subpart E -- Non-Trawl Rockfish Conservation Areas and Trip Limits for Limited Entry Fixed Gear 

North of 40°1 0' N. lat. 

Other limits and requirements apply·· Read §§660 10 through 660.399 before us1ng th1s table 

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

Rockfish Conservation Area (RCA) 11 : 

1 North of 46 ·16' 1'-1 lat shoreline - 100 fm line 11 

2 46.16' N lat - 4iOO' ~J I at 30fm line11 -100fm line11 

3 42'00' N lat - 40'10' ~J lat. 301m line11 -100fm line11 

See §§660.60 and 660.230 for additional gear, trip lin-it and conservation area requirements and restrictions. See §§660.70-660.74 and 

§§660.76-660.79 for conservation area descriptions and coordinates (including RCAs, YRCAs, CCAs, Farallon Islands, Cordell Banks, and 

EFHCAs). 

State trip limits and seasons may be more restrictive than Federal trip limits or seasons, particularly in 11vaters off Oregon and California 

4 Minor Slope Rockfish21 & Darkblotched 500 lbl month rockfish 

5 Pacific ocean perch 1,800 lbl 2 months 

6 Sable fish 1 200 lblweek, not to exceed 3 600 lb/2 months 

7 Longspine thornyhead 10,000 lb/2 months 

8 Shortspine thornyhead 2,000 lbl 2 months I 2,500 lbl 2 months 

9 

10 Dover sole, arrowtooth flounder, 5,000 lbl month 

11 petrale sole, English sole, starry South of 42° ~J lat, when fishing for "other flatfish," vessels using hook-and-l1ne gear with no more 

12 than 12 hooks per l1ne, using hooks no larger than "Number 2" hooks, which measure 0.44 in (11 

13 flounder, Other Flatfish31 mm) point to shan" and up to two 1 lb (0.45 kg) we1ghts per line, are not subject to the RCAs. 

14 

15 Whiting 10,000 lbl tnp 

16 Minor Shelf Rockfish21, Shortbelly, & 200 lbl month Widow rockfish 

17 Ye llowtai I rockfish 1,000 lblmonth 

18 Canary rockfish 300 lb/2 months 

19 Yelloweye rockfish CLOSED 

Minor Nearshore Rockfish, Washington 

20 Black rockfish & Oregon 

Black/blue/deacon rockfish 

5,000 lb/2 months, no more than 1,200 lb of wh1ch may be species other than black rockfish or 21 North of 42'00' ~I I at blue/deacon rockfish" 

8,500 lbl 2 

months no 

more than 

22 4iOO' N. lat.- 40'10' ~~ lat. 1,200 lb of 7,000 lb/2 months, no more than 1 ,200 lb of which may be spec1es other than 

which may be black rockfish 

species other 

than black 

rockfish 

23 Lingcocf;' 

24 North of 42'00' ~I I at 2,000 lbl 2 months 

25 42'00' N. lat.- 40,10' ~~ lat. 1 , 400 lb/2 months 

26 Pacific cod 1,000 lbl 2 months 

27 Spiny dogfish 200,000 lb/2 months 1150,0001bl21 

months 100,000 lbl 2 months 

28 Longnose skate Unlimited 

29 Other Fish61& Cabezon in California Unl1m1ted 

30 Oregon Cabezon/Kelp Greenling Unlimited 

31 Big skate Unl1m1ted 

11 The Rockfish Conservation Area is an area closed to fishing by particular gear types, bounded by lines specifically defined by latitude 

and longitude coordinates set out at §§ 660 71-660 7 4 This RCA is not defined by depth contours (with the exception of the 20-fm 

depth contour boundary south of 42 · N I at), 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 RCA restrictions may not fish in the RCA, or operate in the RCA for any purpose 

other than transiting 

21 Bocaccio, chilipepper and cowcod are included in the trip limits for Minor Shelf Rockfish and splitnose rockfish is Included 1n the 

trip limits for Minor Slope Rockfish. 

31 "Other flatfish" are defined at§ 660.11 and include butter sole, curlfin sole, flathead sole Pacific sanddab, rex sole, rock sole, and sand sole. 

41 For black rockfish north of Cape Alava (48°09.50' r<. lat.), and between Destruction Is. (47°40' N. lat.) and Leadbetter Pnt. ( 46'38.17' N. lat.), 

there is an additional limit of 100 lb or 30 percent by weight of all fish on board, whichever is greater, per vessel, per fishing trip. 

5/The min 1m um size limit for lingcod is 22 inches (56 em) total length r<orth of 42- N. lat. and 24 1nches (61 em) total length South of 4i N. lat. 

61 "Other Fish" are defined at§ 660 11 and include kelp greenling off California and leopard shark 

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

07/09/2018 

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-
47476 Federal Register / Vol. 83, No. 182 / Wednesday, September 19, 2018 / Proposed Rules 


amozie on DSK3GDR082PROD with PROPOSALS2EP19SE18.032</GPH>

Table 2 (South) to Part 660, Subpart E -- Non-Trawl RockfiSh Conservation Areas and Trip Limits for Lirmed Entry Fixed Gear 

South of 40"10' N. lat. 

Other limits and requirements apply Read §§660 10 through 660 399 before using this table 

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

Rockfish Conservation Area (RCA)11 : 

1 40.10' N. lat - 34.27' N. lat. 40 frn line11 - 125 frn l1ne 11 

2 South of 34°27' N. lat 75 fm line11 - 150 fm l1ne 11 (also applies around islands) 

See §§660.60 and 660.230 tor additional 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, YRCAs, CCAs, Farallon Islands, Cordell Banks, and 

EFHCAs). 

State trip lim1ts and seasons may be more restricti-.e than Federal trip limits or seasons, particularly in waters off Oregon and Califom1a. 

3 Minor Slope rockfish21 & Darkblotched 40,000 lb/2 months of which no more than 

I 

40,000 lb/2 months, of which no more than 

rockfish 1,3751b may be blackgill rockfish 1,600 lb may be blackgill rockfish 

4 Splitnose rockfish 40,000 lb/2 months 

5 Sablefish 

6 40, 10' N lat - 36°00' N lat 1,200 lb/week, not to exceed 3,600 lb/2 months 

7 South of 36 °00' N lat 2,000 lb/ week 

8 Longspine thornyhead 1 0,000 lb/2 months 

9 Shortspine thornyhead 

10 40.10' N lat. - 34.27' N. lat. 2,000 lb/2 months I 2,500 lb/2 months 

11 Southof34.27' N. lat. 3,000 lb/2 months 

12 

13 Dover sole, arrowtooth flounder, 5,000 lb/ month 

14 petrale sole, English sole, starry South of 4i N. lat., when fishing for "other flatfish," vessels us1ng hook-and-line gear with no more 

15 flounder, Other Flatfish31 than 12 hooks per lme, us1ng hooks no larger than "Number 2" hooks, which measure 0.44 1n (11 

16 mm) p:Jint to shank, and up to two 1 lb (0.45 kg) weights per line, are not subject to the RCAs 

17 

18 Whiting 10,000 lb/ tnp 

19 Minor Shelf Rockfish21, Shortbelly rockfish, Widow rockfish (including Chilipepper between 40° 10'- 34°27' N. lat.) 

Minor shelf rockfish, shortbelly, widow rockfish, & chilipepper 2,500 lb/2 months, of which no more 20 40.10' N lat.- 34.27' N. lat. than 500 lb may be any spec1es other than chilipepper 

21 Southof34.27' N. lat. 4,000 lb/2 CLOSED 4,000 lb/2 months months 

22 Chilipepper 

23 40, 10' N lat.- 34°27' N. lat. Chilipepper included under min or shelf rockfish, shortbelly and widow rockfish lim its -- See above 

24 Southof34.27' N. lat. 2,000 lb/2 months this opportunity only available seaward of the non-trawl RCA 

25 Canary rockfish 

26 40.10' N lat.- 34.27' N. lat. 300 lb/2 months 

27 Southof34°27' N. lat. 300 lb/2 CLOSED 300 lb/2 months months 

28 Yelloweye rockfish CLOSED 

29 Cowcod CLOSED 

30 Bronze spotted rockfish CLOSED 

31 Bocaccio 

32 40, 10' N lat.- 34°27' N. lat. 1,000 lb/2 months 

33 Southof34.27' N. lat. 1,5001b/2 CLOSED 1,500 lb/2 months months 

34 Minor Nearshore Rockfish, California Black rockfish, & Oregon Black/Blue/Deacon rockfish 

35 Shallow nearshore41 1,2001b/2 CLOSED 1,200 lb/2 months months 

36 Deeper nearshore 5

1 1,0001b/2 CLOSED 1,000 lb/2 months months 

37 California Scorpionfish 1,5001b/2 CLOSED 1,500 lb/2 months months 

38 Lingcod61 200 lb/2 

months CLOSED 800 lb/2 

I months 1,200 lb/2 months 1600 lb~ 1300 lb/ 

month month 

39 Pacific cod 1,000 lb/2 months 

40 Spiny dogfish 200,000 lb/2 months 150,000 lb/2 I months 100,000 lb/2 months 

41 Long nose skate Unl1m1ted 

42 Other Fish71 & Cabezon in California Unl1m1ted 

43 Big Skate Unlimited 

1/ The Rockfish Conservation Area 1s an area closed to f1sh1ng by particular gear types, bounded by 11nes specifically defined by latitude 

and longitude coordinates set out at§§ 660.71-660 7 4. This RCA is not defined by depth contours (with the exception of the 20-fm 

depth contour boundary south of 42° N lat ), and the boundary l1nes that define the RCA may close areas that are deeper or shallower 

than the depth contour. Vessels that are subject to RCA restrictions may not fish in the RCA, or operate in the RCA for any purp:Jse 

other than transiting. 

21 POP is included in the trip limits for Minor Slope Rockfish. Blackgill rockfish have a species specific trip sub-limit within the Minor 

Slope Rockfish cumulative limit Yellowtail rockfish are included in the trip limits for Minor Shelf Rockfish. Bronzespotted rockfish 

have a species specific trip limit. 

3/ "Other Flatfish" are defmed at§ 660.11 and mclude butter sole, curlfm sole, flathead sole, Pacific sanddab, rex sole, rock sole, and sand sole 

4/ "Shallow Nearshore" are defined at§ 660.11 under "Groundfish" (7)(i)(B)(1). 

51 "Deeper Nearshore" are defined at§ 660.11 under "Groundflsh" (7)(1)(8)(2). 

6/The commercial m1mimum size limit for lingcod is 24 inches (61 em) total length South of 42° N lat 

7/ "Other Fish" are defined at§ 660 11 and Include kelp greenling off California and leopard shark 

.~<? .c.<?nvert pounds to kilograms, divide by?:~~~~?·. ~~~.'.1~.":1~~-r.<?~ ~l!'.l~.s. i_~ ~-~e kilogram. 

07/09/2018 

-I 

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m 

rm 

N 

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CJJ 

0 

s::::: 

-::::r 

-
Federal Register / Vol. 83, No. 182 / Wednesday, September 19, 2018 / Proposed Rules 47477 

■ 21. In § 660.330, revise paragraphs 

(c)(2)(ii) and (d)(11)(ii) and add 

paragraph (f) to read as follows: 

§ 660.330 Open access fishery— 

management measures. 

* * * * * 

(c) * * * 

(2) * * * 

(ii) North of 40°10′ N lat.—POP, 

yellowtail rockfish, cabezon (California), 

Washington cabezon/kelp greenling 

complex, Oregon cabezon/kelp 

greenling complex; 

* * * * * 

(d) * * * 

(11) * * * 

(ii) Fishing for rockfish and lingcod is 

permitted shoreward of the 40 fm (73 m) 

depth contour within the CCAs when 

trip limits authorize such fishing, and 

provided a valid declaration report as 

required at § 660.13(d), has been filed 

with NMFS OLE. 

* * * * * 

(f) Salmon bycatch. This fishery may 

be closed through automatic action at 

§ 660.60(d)(1)(v) and (d)(1)(vi). 

■ 22. In § 660.333, revise paragraph 

(c)(3) to read as follows: 

§ 660.333 Open access non-groundfish 

trawl fishery—management measures. 

* * * * * 

(c) * * * 

(3) The landing includes California 

halibut of a size required by California 

Fish and Game Code section 8392, 

which states: ‘‘No California halibut 

may be taken, possessed or sold which 

measures less than 22 in (56 cm) in total 

length. Total length means the shortest 

distance between the tip of the jaw or 

snout, whichever extends farthest while 

the mouth is closed, and the tip of the 

longest lobe of the tail, measured while 

the halibut is lying flat in natural 

repose, without resort to any force other 

than the swinging or fanning of the 

tail.’’ 

* * * * * 

■ 23. Revise Tables 3 (North) and 3 

(South) in part 660, subpart F, to read 

as follows: 

Table 3 (North) to Part 660, Subpart 

F—Non-Trawl Rockfish Conservation 

Areas and Trip Limits for Open Access 

Gears North of 40°10′ N Lat. 


amozie on DSK3GDR082PROD with PROPOSALS2
47478 Federal Register / Vol. 83, No. 182 / Wednesday, September 19, 2018 / Proposed Rules 


amozie on DSK3GDR082PROD with PROPOSALS2EP19SE18.033</GPH>

Table 3 (North) to Part 660, Subpart F --Non-Trawl Rockfish Conservation Areas and Trip Limits for Open Access Gears North of 

40° 10' N. lat. 

Other limits and requirements apply-- Read §§660.10 through 660.399 before using this table 07/09/2018 

JAN-FEB I IVIAR-APR I IVIAY-JUN I JUL-AUG I SEP-OCT I NOV-DEC 

Rockfish Conservation Area (RCA)11 : 

1 North of 46° 16' N. lat. shoreline- 100 fm line11 

2 46°16' N.lat. -4iOO' N.lat. 30fm line11 -100fm line11 

3 4ioo· N. lat.- 40° 10' N. lat. 30fm line11 -100fm line11 

See §§660.60, 660.330 and 660.333 for additional gear, trip limit and conservation area requirements and restrictions. See §§660. 70-

660.74 and §§660.76.060.79 for conservation area descriptions and coordinates (including RCAs, YRCAs, CCAs, Farallon Islands, 

Cordell Bank, and EFHCAs). 

State trip limits and seasons may be more restrictive than Federal trip limits or seasons, particularly in Vvaters off Oregon and California. 

4 Minor Slope Rockfish21 & 500 pounds/month Darkblotched rockfish 

5 Pacific ocean perch 100 lb/ month 

6 Sable fish 300 lb/ day; or one landing per week up to 1,000 lb, not to exceed 2,000 lb/ 2 months 

7 Shortpine thornyheads 50 lb/ month 

8 Longspine thornyheads 50 lb/ month -I 

9 3,000 lb/ month, no more than 300 lb of which may be species other than Pacific sanddabs. )> 10 

11 Dover sole, arrowtooth flounder, 

12 petrale sole, English sole, starry South of 42° N. lat., when fishing for "Other Flatfish," vessels using hook-and-line gear with no more llJ 

13 flounder, Other Flatfish31 than 12 hooks per line, using hooks no larger than "Number 2" hooks, which measure 0.44 in (11 r 

14 mm) point to shank, and up to two 1 lb (0.45 kg) weights per line are not subject to the RCAs. 

Whiting m 15 300 lb/ month 

16 Minor Shelf Rockfish21 , Shortbelly 200 lb/ month w rockfish, & Widow rockfish 

17 Yellowtail rockfish 500 lb/ month 

18 Canary rockfish 150 lb/ 2 months - 19 Yelloweye rockfish CLOSED z 

20 Minor Nearshore Rockfish, Washington Black rockfish, & Oregon Black/Blue/Deacon rockfish 0 

21 North of 4i 00' N. lat. 5,000 lb/ 2 months, no more than 1,200 lb of which may be species other than black rockfish .., 

8,500 lb/ 2 ,.... months, no ::::r more than 

22 4ioo· N. lat.- 40°10' N.lat. 1,200 lb of 7,000 lb/ 2 months, no more than 1,200 lb of which may be species other than - which may be black rockfish 

species other 

than black 

rockfish 

23 LinQcod51 

24 North of 4iOO' N. lat. 900 lb/ month 

25 4iOO' N. lat.- 40°10' N.lat. 600 lb/ month 

26 Pacific cod 1,000 lb/ 2 months 

27 Spinydogfish 200,000 lb/ 2 months 

1

150,000 lb/ 2 I 

months 100,000 lb/ 2 months 

28 Longnose skate Unlimited 

29 Big skate Unlimited 

30 Other Fish61 & Cabezon in California Unlimited 

31 Oregon Cabezon/Kelp Greenling Unlimited 
Federal Register / Vol. 83, No. 182 / Wednesday, September 19, 2018 / Proposed Rules 47479 

Table 3 (South) to Part 660, Subpart 

F—Non-Trawl Rockfish Conservation 

Areas and Trip Limits for Open Access 

Gears South of 40°10′ N Lat. 


amozie on DSK3GDR082PROD with PROPOSALS2EP19SE18.034</GPH>
47480 Federal Register / Vol. 83, No. 182 / Wednesday, September 19, 2018 / Proposed Rules 


amozie on DSK3GDR082PROD with PROPOSALS2EP19SE18.035</GPH>

Table 3 (South) to Part 660, Subpart F --Non-Trawl Rockfish Conservation Areas and Trip Limits for Open Access Gears South 

of 40°10' N. lat. 

Other limits and requirements apply-- Read §§660 10 through 660 399 before using this table 07/09/2018 

JAN-FEB I IVIAR-APR IVIAY-JUN I JUL-AUG I SEP-OCT I NOV-DEC 

Rockfish Conservation Area (RCA)11 : 

1 40'10' N. lat.- 34'27' N. lat. 40 fm line11 - 125 fm line11 

2 South of 34'27' N. lat. 75 fm line11 - 150 fm line11(also applies around islands) 

See §§660.60 and 660.230 for additional gear, trip limit and conservation area requirements and restrictions. See §§660.70.060.74 and 

§§660.76-660.79 for conservation area descriptions and coordinates (including RCAs, YRCAs, CCAs, Farallon Islands, Cordell Banks, 

and EFHCAs). 

State trip limits and seasons may be more restrictive than Federal trip limits or seasons, particularly in Vvaters off Oregon and California. 

3 Minor Slope Rockfish21 & 10,000 lb/ 2 months, of which no more than 475110,000 lb/ 2 months, of which no more than 550 

Darkblotched rockfish lb may be blackgill rockfish lb may be blackgill rockfish 

4 Splitnose rockfish 200 lb/ month 

5 Sable fish 

6 40°10' N.lat. -36°00' N.lat. 300 lb/ day or one landing per week up to 1,000 lb, not to exceed 2,000 lb/ 2 months 

7 South of 36° 00' N. lat. 300 lb/ day, or one landing per week of up to 1,600 lb, not to exceed 3,200 lb/ 2 months 

8 Shortpine thornyheads and longspine 

thornyheads 

9 40° 10' N. lat. - 34° 27' N. lat. CLOSED -I 

10 South of 34° 27' N. lat. 50 lb/ day, no more than 1,000 lb/ 2 months )> 

11 3,000 lb/ month, no more than 300 lb of which may be species other than Pacific sanddabs. 12 llJ 

13 Dover sole, arrowtooth flounder, 

r 

14 petrale sole, English sole, starry South of 42° N. lat., when fishing for "other flatfish," vessels using hook-and-line gear w~h no more 

15 flounder, Other Flatfish31 than 12 hooks per line, using hooks no larger than "Number 2" hooks, which measure 0.44 in (11 m 

16 mm) point to shank, and up to two 1 lb (0.45 kg) weights per line are not subject to the RCAs. 

17 Whiting 300 lb/ month w 

18 Minor Shelf Rockfish21 , Shortbelly, 

Widow rockfish and Chilipepper 

19 40°10' N. lat.- 34°27' N.lat. 400 

months 

lb/ 2 400 lb/ 2 months -

CJJ CLOSED 

20 South of 34° 27' N. lat. 1,500 lb/ 2 1 ,500 lb/ 2 months 0 months 

Canary rockfish 150 lb/2 CLOSED 150 lb/ 2 months s::::: 21 months ,.... 22 Yelloweye rockfish CLOSED ::::r 

23 Cowcod CLOSED 

24 Bronzespotted rockfish CLOSED - 25 Bocaccio 500 lb/ 2 CLOSED 500 lb/ 2 months months 

26 Minor Nearshore Rockfish, California Black rockfish, & Oregon Black/Blue/Deacon rockfish 

27 Shallow nearshore41 1,200 lb/ 2 CLOSED 1 ,200 lb/ 2 months months 

28 Deeper nearshore51 1,000 lb/ 2 CLOSED 1 ,000 lb/ 2 months months 

29 California scorpionfish 1,500 lb/ 2 CLOSED 1 ,500 lb/ 2 months months 

30 Lingcod61 300 lb/ month CLOSED 300 lb/ month 

31 Pacific cod 1 ,000 lb/ 2 months 

32 Spiny dogfish 200,000 lb/ 2 months 150,000 lb/ 2 I 

months 100,000 lb/ 2 months 

33 Longnose skate Unlimited 

34 Big skate Unlimited 

35 Other Fish71 & Cabezon in California Unlimited 
Federal Register / Vol. 83, No. 182 / Wednesday, September 19, 2018 / Proposed Rules 47481 

BILLING CODE 3510–22–C 

■ 24. Amend § 660.360 as follows: 

■ a. Revise paragraphs (c)(1) 

introductory text, (c)(1)(i)(D)(1) through 

(3), (c)(1)(ii) through (iv), (c)(2)(i)(B), 

(c)(3)(i)(A) through (C), (c)(3)(ii)(D), 

(c)(3)(iii)(B), (c)(3)(iii)(D), (c)(3)(iv), and 

(c)(3)(v)(A) and (B); and 

■ b. Add paragraph (d). 

The revisions and addition read as 

follows: 

§ 660.360 Recreational fishery— 

management measures. 

* * * * * 

(c) * * * 

(1) Washington. For each person 

engaged in recreational fishing off the 

coast of Washington, the groundfish bag 

limit is 9 groundfish per day, including 

rockfish, cabezon and lingcod. Within 

the groundfish bag limit, there are sublimits for rockfish, lingcod, and cabezon 

outlined in paragraph (c)(1)(i)(D) of this 

section. In addition to the groundfish 

bag limit of 9, there will be a flatfish 

limit of 3 fish, not to be counted 

towards the groundfish bag limit but in 

addition to it. The recreational 

groundfish fishery will open the second 

Saturday in March through the third 

Saturday in October for all species. In 

the Pacific halibut fisheries, retention of 

groundfish is governed in part by 

annual management measures for 

Pacific halibut fisheries, which are 

published in the Federal Register. The 

following seasons, closed areas, sublimits and size limits apply: 

* * * * * 

(i) * * * 

(D) * * * 

(1) West of the Bonilla-Tatoosh line 

between the U.S. border with Canada 

and the Queets River (Washington state 

Marine Area 3 and 4), recreational 

fishing for groundfish is prohibited 

seaward of a boundary line 

approximating the 20 fm (37 m) depth 

contour from June 1 through Labor Day, 

except on days when the Pacific halibut 

fishery is open in this area it is lawful 

to retain lingcod, Pacific cod, and 

sablefish seaward of the 20 fm (37 m) 

boundary. Yellowtail and widow 

rockfish can be retained seaward of 20 

fm (37 m) in the months of July and 

August on days open to the recreational 

salmon fishery. Days open to Pacific 

halibut recreational fishing off 

Washington and days open to 

recreational fishing for salmon are 

announced on the NMFS hotline at 

(206) 526–6667 or (800) 662–9825. 

Coordinates for the boundary line 

approximating the 20 fm (37 m) depth 

contour are listed in § 660.71, subpart C. 

(2) Between the Queets River 

(47°31.70′ N lat.) and Leadbetter Point 

(46°38.17′ N lat.) (Washington state 

Marine Area 2), recreational fishing for 

lingcod is prohibited seaward of a 

boundary line approximating the 30 fm 

(55 m) depth contour from the second 


amozie on DSK3GDR082PROD with PROPOSALS2EP19SE18.036</GPH>
47482 Federal Register / Vol. 83, No. 182 / Wednesday, September 19, 2018 / Proposed Rules 

Saturday in March through May 31 with 

the following exceptions: Recreational 

fishing for lingcod is permitted within 

the RCA on days that the primary 

halibut fishery is open; recreational 

fishing for lingcod is allowed on 

Sundays in May, but only if the Pacific 

halibut recreational fishery in this area 

is scheduled to be open for less than 

four days. In addition to the RCA 

described above, between the Queets 

River (47°31.70′ N lat.) and Leadbetter 

Point (46°38.17′ N lat.) (Washington 

state Marine Area 2), recreational 

fishing for lingcod is prohibited January 

1 through May 31, June 16 through 

August 31, and September 16 through 

December 31 seaward of a straight line 

connecting all of the following points in 

the order stated: 47°31.70′ N lat., 

124°45.00′ W long.; 46°38.17′ N lat., 

124°30.00′ W long. with the following 

exceptions: On days that the primary 

halibut fishery is open lingcod may be 

taken, retained and possessed within 

the lingcod area closure; if the Pacific 

halibut recreational fishery is scheduled 

to be open less than four days, lingcod 

may be taken, retained, and possessed 

within the lingcod area closure on 

Sundays in May. Days open to Pacific 

halibut recreational fishing off 

Washington are announced on the 

NMFS hotline at (206) 526–6667 or 

(800) 662–9825. For additional 

regulations regarding the Washington 

recreational lingcod fishery, see 

paragraph (c)(1)(iv) of this section. 

Coordinates for the boundary line 

approximating the 30 fm (55 m) depth 

contour are listed in § 660.71. 

(3) Between Leadbetter Point 

(46°38.17′ N lat.) and the Columbia 

River (46°16.00′ N lat.) (Marine Area 1), 

when Pacific halibut are onboard the 

vessel, no groundfish may be taken and 

retained, possessed or landed, except 

sablefish, flatfish species (except 

halibut), Pacific cod, and lingcod from 

May 1 through September 30. Except 

that taking, retaining, possessing or 

landing incidental halibut with 

groundfish on board is allowed in the 

nearshore area on days not open to alldepth Pacific halibut fisheries in the 

area shoreward of the boundary line 

approximating the 30 fathom (55 m) 

depth contour extending from 

Leadbetter Point, WA (46°38.17′ N lat., 

124°15.88′ W long.) to the Columbia 

River (46°16.00′ N lat., 124°15.88′ W 

long.) and from there, connecting to the 

boundary line approximating the 40 

fathom (73 m) depth contour in Oregon. 

Nearshore season days are established 

in the annual management measures for 

Pacific halibut fisheries, which are 

published in the Federal Register and 

are announced on the NMFS halibut 

hotline, 1–800–662–9825. Between 

Leadbetter Point (46°38.17′ N lat. 

124°21.00′ W long.) and 46°33.00′ N lat. 

124°21.00′ W long., recreational fishing 

for lingcod is prohibited year round 

seaward of a straight line connecting all 

of the following points in the order 

stated: 46°38.17′ N lat., 124°21.00′ W 

long.; and 46°33.00′ N lat., 124°21.00′ W 

long. 

(ii) Rockfish. In areas of the EEZ 

seaward of Washington (Washington 

Marine Areas 1–4) that are open to 

recreational groundfish fishing, there is 

a 7 rockfish per day bag limit. Taking 

and retaining yelloweye rockfish is 

prohibited in all Marine areas. 

(iii) Cabezon. In areas of the EEZ 

seaward of Washington (Washington 

Marine Areas 1–4) that are open to 

recreational groundfish fishing, there is 

a 1 cabezon per day bag limit. 

(iv) Lingcod. In areas of the EEZ 

seaward of Washington (Washington 

Marine Areas 1–4) that are open to 

recreational groundfish fishing and 

when the recreational season for lingcod 

is open, there is a bag limit of 2 lingcod 

per day. The recreational fishing season 

for lingcod is open from the second 

Saturday in March through the third 

Saturday in October. 

(2) * * * 

(i) * * * 

(B) Recreational rockfish conservation 

area (RCA). Fishing for groundfish with 

recreational gear is prohibited within 

the recreational RCA, a type of closed 

area or groundfish conservation area, 

except with long-leader gear (as defined 

at § 660.351). It is unlawful to take and 

retain, possess, or land groundfish taken 

with recreational gear within the 

recreational RCA, except with longleader gear (as defined at § 660.351). A 

vessel fishing in the recreational RCA 

may not be in possession of any 

groundfish. [For example, if a vessel 

fishes in the recreational salmon fishery 

within the RCA, the vessel cannot be in 

possession of groundfish while within 

the RCA. The vessel may, however, on 

the same trip fish for and retain 

groundfish shoreward of the RCA on the 

return trip to port.] Off Oregon, from 

June 1 through August 31, recreational 

fishing for groundfish is prohibited 

seaward of a recreational RCA boundary 

line approximating the 40 fm (73 m) 

depth contour, except that fishing for 

flatfish (other than Pacific halibut) is 

allowed seaward of the 40 fm (73 m) 

depth contour when recreational fishing 

for groundfish is permitted. Coordinates 

for the boundary line approximating the 

40 fm (73 m) depth contour are listed at 

§ 660.71. 

* * * * * 

(3) * * * 

(i) * * * 

(A) Recreational rockfish conservation 

areas. The recreational RCAs are areas 

that are closed to recreational fishing for 

groundfish. Fishing for groundfish with 

recreational gear is prohibited within 

the recreational RCA, except that 

recreational fishing for ‘‘Other Flatfish,’’ 

petrale sole, and starry flounder is 

permitted within the recreational RCA 

as specified in paragraph (c)(3)(iv) of 

this section. It is unlawful to take and 

retain, possess, or land groundfish taken 

with recreational gear within the 

recreational RCA, unless otherwise 

authorized in this section. A vessel 

fishing in the recreational RCA may not 

be in possession of any species 

prohibited by the restrictions that apply 

within the recreational RCA. [For 

example, if a vessel fishes in the 

recreational salmon fishery within the 

RCA, the vessel cannot be in possession 

of rockfish while in the RCA. The vessel 

may, however, on the same trip fish for 

and retain rockfish shoreward of the 

RCA on the return trip to port.] If the 

season is closed for a species or species 

group, fishing for that species or species 

group is prohibited both within the 

recreational RCA and shoreward of the 

recreational RCA, unless otherwise 

authorized in this section. 

(1) Between 42° N lat. (California/ 

Oregon border) and 40°10′ N lat. 

(Northern Management Area), 

recreational fishing for all groundfish 

(except petrale sole, starry flounder, and 

‘‘Other Flatfish’’ as specified in 

paragraph (c)(3)(iv) of this section) is 

closed from January 1 through April 30; 

is prohibited seaward of the 30 fm (55 

m) depth contour along the mainland 

coast and along islands and offshore 

seamounts from May 1 through October 

31 (shoreward of 30 fm is open); and is 

open at all depths from November 1 

through December 31. Coordinates for 

the boundary line approximating the 30 

fm (55 m) depth contour are listed in 

§ 660.71. 

(2) Between 40°10′ N lat. and 

38°57.50′ N lat. (Mendocino 

Management Area), recreational fishing 

for all groundfish (except petrale sole, 

starry flounder, and ‘‘Other Flatfish’’ as 

specified in paragraph (c)(3)(iv) of this 

section) is closed from January 1 

through April 30; prohibited seaward of 

the 20 fm (37 m) depth contour along 

the mainland coast and along islands 

and offshore seamounts from May 1 

through October 31 (shoreward of 20 fm 

is open), and is open at all depths from 

November 1 through December 31. 

(3) Between 38°57.50′ N lat. and 

37°11′ N lat. (San Francisco 

Management Area), recreational fishing 


amozie on DSK3GDR082PROD with PROPOSALS2
Federal Register / Vol. 83, No. 182 / Wednesday, September 19, 2018 / Proposed Rules 47483 

for all groundfish (except petrale sole, 

starry flounder, and ‘‘Other Flatfish’’ as 

specified in paragraph (c)(3)(iv) of this 

section) is closed from January 1 

through April 1; is prohibited seaward 

of the boundary line approximating the 

40 fm (73 m) depth contour along the 

mainland coast and along islands and 

offshore seamounts from April 1 

through December 31. Closures around 

Cordell Banks (see paragraph (c)(3)(i)(C) 

of this section) also apply in this area. 

Coordinates for the boundary line 

approximating the 40 fm (73 m) depth 

contour are listed in § 660.71. 

(4) Between 37°11′ N lat. and 34°27′ 

N lat. (Central Management Area), 

recreational fishing for all groundfish 

(except petrale sole, starry flounder, and 

‘‘Other Flatfish’’ as specified in 

paragraph (c)(3)(iv) of this section) is 

closed from January 1 through March 

31; and is prohibited seaward of a 

boundary line approximating the 50 fm 

(91 m) depth contour along the 

mainland coast and along islands and 

offshore seamounts from April 1 

through December 31. Coordinates for 

the boundary line approximating the 50 

fm (91 m) depth contour are specified in 

§ 660.72. 

(5) South of 34°27′ N lat. (Southern 

Management Area), recreational fishing 

for all groundfish (except California 

scorpionfish, ‘‘Other Flatfish,’’ petrale 

sole, and starry flounder) is closed 

entirely from January 1 through 

February 28. Recreational fishing for all 

groundfish (except ‘‘Other Flatfish,’’ 

petrale sole, and starry flounder, as 

specified in paragraph (c)(3)(iv) of this 

section) is prohibited seaward of a 

boundary line approximating the 75 fm 

(137 m) depth contour from March 1 

through December 31 along the 

mainland coast and along islands and 

offshore seamounts, except in the CCAs 

where fishing is prohibited seaward of 

the 40 fm (73 m) depth contour when 

the fishing season is open (see 

paragraph (c)(3)(i)(B) of this section). 

Coordinates for the boundary lines 

approximating the depth contours are 

specified at §§ 660.71 through 660.74. 

(B) Cowcod conservation areas. The 

latitude and longitude coordinates of 

the Cowcod Conservation Areas (CCAs) 

boundaries are specified at § 660.70. In 

general, recreational fishing for all 

groundfish is prohibited within the 

CCAs, except that fishing for petrale 

sole, starry flounder, and ‘‘Other 

Flatfish’’ is permitted within the CCAs 

as specified in paragraph (c)(3)(iv) of 

this section. However, recreational 

fishing for the following species is 

prohibited seaward of the 40 fm (37 m) 

depth contour when the season for those 

species is open south of 34°27′ N lat.: 

Minor Nearshore Rockfish, cabezon, 

kelp greenling, lingcod, California 

scorpionfish, and shelf rockfish. 

Retention of yelloweye rockfish, 

bronzespotted rockfish and cowcod is 

prohibited within the CCA. [Note: 

California state regulations also permit 

recreational fishing for California 

sheephead, ocean whitefish, and all 

greenlings of the genus Hexagrammos 

shoreward-of the 40 fm (73 m) depth 

contour in the CCAs when the season 

for the RCG complex is open south of 

34°27′ N lat.] It is unlawful to take and 

retain, possess, or land groundfish taken 

within the CCAs, except for species 

authorized in this section. 

(C) Cordell Banks. Recreational 

fishing for groundfish is prohibited in 

waters less than 100 fm (183 m) around 

Cordell Banks as defined by specific 

latitude and longitude coordinates at 

§ 660.70, subpart C, except that 

recreational fishing for petrale sole, 

starry flounder, and ‘‘Other Flatfish’’ is 

permitted around Cordell Banks as 

specified in paragraph (c)(3)(iv) of this 

section. 

* * * * * 

(ii) * * * 

(D) Dressing/filleting. Cabezon, kelp 

greenling, and rock greenling taken in 

the recreational fishery may not be 

filleted at sea. Rockfish skin may not be 

removed when filleting or otherwise 

dressing rockfish taken in the 

recreational fishery. 

* * * * * 

(iii) * * * 

(B) Bag limits, hook limits. In times 

and areas when the recreational season 

for lingcod is open, there is a limit of 

2 hooks and 1 line when fishing for 

lingcod. Multi-day limits are authorized 

by a valid permit issued by California 

and must not exceed the daily limit 

multiplied by the number of days in the 

fishing trip. 

(1) The bag limit between 42° N lat. 

(California/Oregon border) and 40°10′ N 

lat. (Northern Management Area) is 2 

lingcod per day. 

(2) The bag limit between 40°10′ N lat. 

and the U.S. border with Mexico 

(Mendocino Management Area, San 

Francisco Management Area, Central 

Management Area, and Southern 

Management Area) is 1 lingcod per day. 

* * * * * 

(D) Dressing/filleting. Lingcod filets 

may be no smaller than 14 in (36 cm) 

in length. Each fillet shall bear an intact 

1 in (2.6 cm) square patch of skin. 

(iv) ‘‘Other Flatfish,’’ petrale sole, and 

starry flounder. Coastwide off 

California, recreational fishing for 

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

flounder, is permitted both shoreward of 

and within the closed areas described in 

paragraph (c)(3)(i) of this section. 

‘‘Other Flatfish’’ are defined at § 660.11, 

subpart C, and include butter sole, 

curlfin sole, flathead sole, Pacific 

sanddab, rex sole, rock sole, and sand 

sole. ‘‘Other Flatfish,’’ are subject to the 

overall 20-fish bag limit for all species 

of finfish, of which there may be no 

more than 10 fish of any one species; 

there is no daily bag limit for petrale 

sole, starry flounder and Pacific 

sanddab. There are no size limits for 

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

flounder. ‘‘Other Flatfish’’, petrale sole, 

and starry flounder may be filleted at 

sea. Fillets may be of any size, but must 

bear intact a one-inch square patch of 

skin. 

(v) * * * 

(A) Seasons. When recreational 

fishing for California scorpionfish is 

open, it is permitted only outside of the 

recreational RCAs described in 

paragraph (c)(3)(i) of this section. 

(1) Between 40°10′ N lat. and 

38°57.50′ N lat. (Mendocino 

Management Area), recreational fishing 

for California scorpionfish is open from 

May 1 through December 31 (i.e., it’s 

closed from January 1 through April 30). 

(2) Between 38°57.50′ N lat. and 

37°11′ N lat. (San Francisco 

Management Area), recreational fishing 

for California scorpionfish is open from 

April 15 through December 31 (i.e., it’s 

closed from January 1 through April 14). 

(3) Between 37°11′ N lat. and 34°27′ 

N lat. (Central Management Area), 

recreational fishing for California 

scorpionfish is open from April 1 

through December 31 (i.e., it’s closed 

from January 1 through March 31). 

(4) South of 34°27′ N lat. (Southern 

Management Area), recreational fishing 

for California scorpionfish is open from 

January 1 through December 31. 

(B) Bag limits, hook limits. South of 

40°10.00′ N lat., in times and areas 

where the recreational season for 

California scorpionfish is open there is 

a limit of 2 hooks and 1 line, the bag 

limit is 5 California scorpionfish per 

day. California scorpionfish do not 

count against the 10 RCG Complex fish 

per day limit. Multi-day limits are 

authorized by a valid permit issued by 

California and must not exceed the daily 

limit multiplied by the number of days 

in the fishing trip. 

* * * * * 

(d) Salmon bycatch. Recreational 

fisheries that are not accounted for 

within pre-season salmon modeling may 

be closed through automatic action at 

660.60(d)(1)(v) and (d)(1)(vi). 

[FR Doc. 2018–19460 Filed 9–18–18; 8:45 am] 

BILLING CODE 3510–22–P 


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