83830 Federal Register / Vol. 88, No. 230 / Friday, December 1, 2023 / Rules and Regulations 

of the new information collection 

requirements. 

DATES: The amendments to §§ 54.604 

(amendatory instruction 2), 54.605 

(amendatory instruction 3), and 54.627 

(amendatory instruction 8), published at 

88 FR 17379, March 23, 2023, are 

effective December 1, 2023. 

FOR FURTHER INFORMATION CONTACT: 

Bryan P. Boyle, Telecommunications 

Access Policy Division, Wireline 

Competition Bureau at (202) 418–7400 

or TTY: (202) 418–0484 or via email: 

Bryan.Boyle@fcc.gov. For additional 

information concerning the Paperwork 

Reduction Act information collection 

requirements, contact Nicole Ongele at 

(202) 418–2991 or via email: 

Nicole.Ongele@fcc.gov. 

SUPPLEMENTARY INFORMATION: The 

Commission submitted new information 

collection requirements for review and 

approval by OMB, as required by the 

Paperwork Reduction Act (PRA) of 

1995, on October 25, 2023, which were 

approved by the OMB on November 27, 

2023. The information collection 

requirements are contained in the 

Commission’s Order on 

Reconsideration, Second Report and 

Order, and Order, FCC 23–6 published 

at 88 FR 17379, March 23, 2023. The 

OMB Control Number is 3060–0804. 

The Commission publishes this 

document as an announcement of the 

effective date of the rules that required 

PRA approval. If you have any 

comments on the burden estimates 

listed herein, or how the Commission 

can improve the collections and reduce 

any burdens caused thereby, please 

contact Nicole Ongele, Federal 

Communications Commission, 45 L 

Street NE, Washington, DC 20554. 

Please include the OMB Control 

Number, 3060–0804, in your 

correspondence. The Commission will 

also accept your comments via email at 

PRA@fcc.gov. 

To request materials in accessible 

formats for people with disabilities 

(Braille, large print, electronic files, 

audio format), send an email to fcc504@

fcc.gov or call the Consumer and 

Governmental Affairs Bureau at (202) 

418–0530 (voice), (202) 418–0432 

(TTY). 

Synopsis 

As required by the Paperwork 

Reduction Act of 1995 (44 U.S.C. 3507), 

the Commission is notifying the public 

that it received OMB approval on 

November 27, 2023, for the information 

collection requirements contained in 47 

CFR 54.604, 54.605, and 54.627. Under 

5 CFR part 1320, an agency may not 

conduct or sponsor a collection of 

information unless it displays a current, 

valid OMB Control Number. 

No person shall be subject to any 

penalty for failing to comply with a 

collection of information subject to the 

Paperwork Reduction Act that does not 

display a current, valid OMB Control 

Number. The OMB Control Number is 

3060–0804. 

The foregoing notification is required 

by the Paperwork Reduction Act of 

1995, Public Law 104–13, October 1, 

1995, and 44 U.S.C. 3507. 

The total annual reporting burdens 

and costs for the respondents are as 

follows: 

OMB Control Number: 3060–0804. 

OMB Approval Date: November 27, 

2023. 

OMB Expiration Date: November 30, 

2026. 

Title: Universal Service—Rural Health 

Care Program. 

Form Nos.: FCC Form 460, 461, 462, 

463, 465, 466, 467, and 469. 

Type of Review: Revision of a 

currently approved collection. 

Respondents: Business or other forprofit; Not-for-profit institutions; 

Federal Government; and State, local, or 

Tribal governments. 

Number of Respondents and 

Responses: 12,854 unique respondents; 

116,404 responses. 

Estimated Time per Response: 0.30– 

17 hours. 

Frequency of Response: On occasion, 

One-time, Annual, and Monthly 

reporting requirements. 

Obligation to Respond: Required to 

obtain or retain benefits. Statutory 

authority for this collection of 

information is contained in sections 1– 

4, 201–205, 214, 254, 303(r), and 403 of 

the Communications Act of 1934, as 

amended, 47 U.S.C. 151–154, 201–205, 

214, 254, 303(r), and 403, unless 

otherwise noted. 

Total Annual Burden: 442,117 hours. 

Total Annual Cost: No Cost. 

Needs and Uses: This collection is 

utilized for the RHC support mechanism 

of the Commission’s universal service 

fund (USF). The Commission and USAC 

will use the information to determine if 

entities are eligible for funding pursuant 

to the RHC universal service support 

mechanism, to determine whether 

entities are complying with the 

Commission’s rules, and to prevent 

waste, fraud, and abuse. This 

information also allows the Commission 

to evaluate the extent to which the RHC 

Program is meeting the statutory 

objectives specified in section 254(h) of 

the 1996 Act, and the Commission’s 

performance goals for the RHC Program. 

To aid in collecting this information, 

the public will use the Commission’s 

forms to provide the necessary 

information and certifications. This 

revision modifies the existing 

information collection requirements 

applicable to the Telecommunications 

(Telecom) Program as a result of the 

2023 Promoting Telehealth Order on 

Reconsideration, Second Report and 

Order, and Order, FCC 23–6, rel. 

January 27, 2023 (88 FR 17379, March 

23, 2023). The revisions, where 

applicable, are intended to simplify 

calculations of support in the Telecom 

Program and streamline the invoicing 

process in the Telecom Program. 

Federal Communications Commission. 

Katura Jackson, 

Federal Register Liaison Officer. 

[FR Doc. 2023–26421 Filed 11–30–23; 8:45 am] 

BILLING CODE 6712–01–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Parts 300 and 660 

[Docket No. 231117–0273] 

RIN 0648–BM28 

Magnuson-Stevens Act Provisions; 

Fisheries Off West Coast States; 

Pacific Coast Groundfish Fishery; 

Pacific Coast Groundfish Fishery 

Management Plan; Amendment 32; 

Modifications to Non-Trawl Sector 

Area Management Measures 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Final rule. 

SUMMARY: This final rule implements 

regulations for Amendment 32 to the 

Pacific Coast Groundfish Fishery 

Management Plan. The regulations 

include a suite of changes to non-trawl 

sector area management measures 

seaward of California and Oregon. The 

purpose of Amendment 32 is to provide 

fishing access to healthy groundfish 

stocks for non-trawl groundfish fisheries 

and the directed commercial Pacific 

halibut fishery while still meeting the 

conservation objectives of the Pacific 

Coast Groundfish Fishery Management 

Plan. In addition, this final rule 

implements minor administrative 

revisions to the regulations to correct 

the name of the Cordell Bank 

Groundfish Conservation Area, amend 

the description of the Cordell Bank 

Groundfish Conservation Area, add new 

regulatory definitions for different types 


lotter on DSK11XQN23PROD with RULES1
Federal Register / Vol. 88, No. 230 / Friday, December 1, 2023 / Rules and Regulations 83831 

of fishing bait, and add new exemptions 

to Vessel Monitoring System reporting 

requirements. 

DATES: Effective January 1, 2024. 

ADDRESSES: 

Electronic Access 

Information relevant to Amendment 

32, which includes an Environmental 

Assessment (EA), a Regulatory Impact 

Review, a Regulatory Flexibility Act 

analysis and a Magnuson-Stevens 

Fishery Conservation and Management 

Act (Magnuson-Stevens Act or MSA) 

analysis (collectively referred to 

hereafter as Analysis), are accessible via 

the internet at the NMFS West Coast 

Region website at: https://

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

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

Written comments regarding the 

burden-hour estimates or other aspects 

of the collection-of-information 

requirements contained in this final rule 

may be submitted to NMFS and to 

https://www.reginfo.gov/public/do/ 

PRAMain. Find this particular 

information collection by selecting 

‘‘Currently under 30-day Review—Open 

for Public Comments’’ or by using the 

search function. 

FOR FURTHER INFORMATION CONTACT: 

Lynn Massey, phone: 562–900–2060, or 

email: Lynn.Massey@noaa.gov. 

SUPPLEMENTARY INFORMATION: The 

Pacific Coast Groundfish fishery in the 

U.S. exclusive economic zone (EEZ, 

defined at 50 CFR 660.10) seaward of 

Washington, Oregon, and California is 

managed under the Pacific Coast 

Groundfish Fishery Management Plan 

(FMP). The Pacific Fishery Management 

Council (Council) developed the Pacific 

Coast Groundfish FMP pursuant to the 

Magnuson-Stevens Act (16 U.S.C. 1801 

et seq.). The Secretary of Commerce 

approved the Pacific Coast Groundfish 

FMP and implemented the provisions of 

the plan through Federal regulations at 

50 CFR part 660, subparts C through G. 

Species managed under the Pacific 

Coast Groundfish FMP include more 

than 90 species of roundfish, flatfish, 

rockfish, sharks, and skates. 

This final rule implements regulations 

for Amendment 32 to the Pacific Coast 

Groundfish FMP (also referred to 

interchangeably as ‘‘this action’’). 

Consistent with MSA Section 303(c)(1), 

the Council deemed the proposed 

regulations consistent with and 

necessary to implement Amendment 32 

in a July 21, 2023 letter from Council 

Chairman Merrick Burden to Regional 

Administrator Jennifer Quan. The 

Notice of Availability for Amendment 

32, which describes the specific changes 

being made to the FMP, was published 

on August 2, 2023 (88 FR 50830) and 

was open for public comment through 

October 1, 2023. The proposed rule for 

Amendment 32, which includes the 

regulations necessary for implementing 

Amendment 32, was published on 

August 30, 2023 (88 FR 59838), and was 

open for public comment through 

September 29, 2023. 

In addition to implementing changes 

to the regulations at 50 CFR parts 300 

and 660 to implement Amendment 32, 

this final rule also implements minor, 

clarifying and administrative revisions 

to the regulations in part 660. These 

administrative changes correct the name 

of the Cordell Bank Groundfish 

Conservation Area (Cordell Bank GCA), 

amend the description of the Cordell 

Bank GCA, add new regulatory 

definitions for different types of fishing 

bait, and add new exemptions to Vessel 

Monitoring System (VMS) reporting 

requirements. 

Background 

In the early 2000s, several types of 

groundfish conservation areas (GCAs), 

defined at § 660.11, were implemented 

(as part of FMP Amendment 16–3) to 

protect overfished groundfish species 

off the U.S. West Coast; this includes 

the coastwide Non-Trawl Rockfish 

Conservation Area (Non-Trawl RCA) (68 

FR 908, January 7, 2003), and the 

Cowcod Conservation Areas (CCAs) (66 

FR 2338, January 11, 2001) in the 

Southern California Bight. With the 

rebuilt status of almost all of these 

groundfish species (the exception being 

yelloweye rockfish, which is projected 

to rebuild by 2029), the Council has 

been prioritizing increased fishing 

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

access sector, the California recreational 

sector, the limited entry fixed gear 

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

Fishing Quota (IFQ) Program). 

Amendment 32 and its implementing 

regulations included in this final rule 

provide additional fishing opportunity 

in these closures through a suite of 

modifications to GCA boundaries, gear 

specifications, and catch restrictions, 

while continuing to rebuild yelloweye 

rockfish and mitigate fishing impacts to 

sensitive habitats. 

Revisions to Non-Trawl Rockfish 

Conservation Area Management 

Measures 

Boundary Modifications 

The Non-Trawl RCA is a coastwide, 

contiguous area bounded by the EEZ or 

specific latitude and longitude 

coordinates that approximate depth 

contours along the West Coast 

continental shelf and around select 

islands off Southern California. NonTrawl RCA boundaries are not 

consistent along the coast; they vary by 

management area (i.e., the shoreward 

and seaward boundaries are shallower 

or deeper, depending on latitude). The 

Non-Trawl RCA prohibits almost all 

commercial non-tribal directed 

groundfish fishing with non-trawl gear, 

and also applies to the non-tribal 

directed commercial Pacific halibut 

fishery (see 50 CFR 300.63(e)(1)). 

The seaward boundary of the NonTrawl RCA approximates the 100 

fathom (fm, 183 meters (m)) depth 

contour seaward of Oregon and the 100 

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

contour seaward of California, 

depending on latitude (see Tables 2 

North and South of subpart E and 

Tables 3 North and South to subpart F). 

The implementing regulations for 

Amendment 32, as included in this final 

rule, move the seaward boundary of the 

Non-Trawl RCA shoreward to the depth 

contour that approximates 75 fm (137 

m) seaward of both Oregon and 

California, which opens up 

approximately 2,411 square miles (sq 

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

all non-trawl commercial groundfish 

sectors and the non-tribal directed 

commercial Pacific halibut fishery. 

Adjusting the Non-Trawl RCA boundary 

for both the commercial non-tribal 

directed groundfish and Pacific halibut 

fisheries reduces enforcement 

complexity and provides additional 

fishing opportunity. The Non-Trawl 

RCA boundaries in the Southern 

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

will not change, as the 75–100 fm (137– 

183 m) depth range is already open in 

this area. 

Catch Restriction Modifications 

The final rule for the 2023–24 

Groundfish Harvest Specification and 

Management Measures action (87 FR 

77007, December 16, 2022) authorized 

the use of two new hook-and-line gear 

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

sector as defined at § 660.11. These two 

new gear configurations included 

stationary vertical jig gear (see 

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

gear (see § 660.330(b)(3)(ii)). The 

implementing regulations for 

Amendment 32, as included in this final 

rule, allow vessels participating in the 

LEFG sector and vessels that use nontrawl gear under the Trawl IFQ program 

(i.e., ‘‘IFQ gear switchers’’) to fish with 

these gear types under their respective 


lotter on DSK11XQN23PROD with RULES1
83832 Federal Register / Vol. 88, No. 230 / Friday, December 1, 2023 / Rules and Regulations 

catch limits rather than under open 

access trip limits. In other words, LEFG 

vessels can fish inside the Non-Trawl 

RCA pursuant to their respective trip 

limits listed in subpart E Tables 1 North 

and South, and IFQ gear switchers can 

fish inside the Non-Trawl RCA under 

their quota pounds. Vessels will be 

required to make an appropriate 

declaration (specified at § 660.13(d)) 

that corresponds to their respective 

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

either stationary vertical jig gear or 

groundfish troll gear); only one 

declaration may be made on these 

fishing trips. On a fishing trip where 

any fishing occurs inside the Non-Trawl 

RCA, only one type of non-bottom 

contact gear is permitted to be carried 

on board, and no other fishing gear of 

any type can be carried on board or 

stowed during that trip. The vessel will 

be allowed to fish inside and outside the 

Non-Trawl RCA on the same fishing 

trip, provided a valid declaration report 

as required at § 660.13(d) is filed with 

NMFS’ Office of Law Enforcement 

(OLE). Crossover provisions at 

§ 660.60(h)(7)(ii) will not apply for the 

two Non-Trawl RCA gear types (i.e., 

non-bottom contact stationary vertical 

jig gear and groundfish troll gear). 

Access to these higher trip limits will 

increase fishing opportunity and 

provide operational flexibility for these 

vessels. 

Gear Modifications 

The two new hook-and-line gear 

configurations authorized as part of the 

2023–24 Groundfish Harvest 

Specification and Management 

Measures action (87 FR 77007, 

December 16, 2022) were implemented 

along with a suite of gear specifications 

intended to minimize yelloweye 

rockfish bycatch and seabird 

interactions. For the stationary vertical 

jig gear, fishermen were required to 

have a minimum of 50 feet (15 m) 

between the bottom weight and the 

lowest fishing hook to ensure that 

fishing activity occured off the bottom 

(see § 660.330(b)(3)(i)(A)). In addition, 

only artificial bait was permitted; 

natural bait was prohibited (see 

§ 660.330(b)(3)(i)(D)). This final rule 

modifies these gear restrictions to 

instead allow a minimum of 30 feet (9 

m) between the bottom weight and the 

lowest fishing hook, and allow the use 

of natural bait. These changes are 

expected to increase catch of 

underutilized stocks, while continuing 

to mitigate catch of rebuilding 

yelloweye rockfish. No changes in gear 

restrictions are being made for the 

groundfish troll gear configuration. 

Fishermen must continue to have a 

minimum of 50 feet (15 m) between the 

bottom weight and the lowest fishing 

hook, and are still required to use 

artificial bait with groundfish troll gear. 

Revisions to Cowcod Conservation Area 

Management Measures 

The CCA was implemented in 2001 to 

reduce the bycatch of overfished 

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

which was declared rebuilt in 2019. 

Within the CCA, which is comprised of 

the Western and Eastern CCAs, 

groundfish fishing by all commercial 

and recreational groundfish fisheries, 

including those that use both trawl and 

non-trawl gear, is prohibited. This final 

rule removes the CCA restrictions for all 

groundfish non-trawl fisheries, which 

opens up approximately 4,663 sq mi 

(12,077 sq km) to all non-trawl 

commercial and recreational groundfish 

sectors. The CCA is remaining in place 

for groundfish trawl fisheries, as the 

scope of the Council’s action only 

considered non-trawl sectors. The 

purpose of this change is to provide 

fishing opportunity in this area given 

that cowcod has been declared rebuilt. 

Prior to the effective date of this final 

rule, non-trawl fishing was allowed 

shoreward of the 40 fm (73 m) lines 

around the islands and banks within the 

current boundaries of the CCA. With 

this final rule’s removal of non-trawl 

CCA restrictions, the 40 fm (73 m) 

restriction is no longer in place (i.e., 

vessels can operate anywhere in the 

area, subject to pre-existing area 

closures). Eight new closures are 

established in the former boundaries of 

the CCA for non-trawl groundfish 

commercial and recreational fisheries 

(see the next section on Groundfish 

Exclusion Areas). 

The Council recommended defining 

new fathom lines around islands and 

banks that reside inside the current 

CCA. Specifically, the Council 

recommended that coordinates be 

defined in the regulations for the 50, 60, 

75, 100, 125, and 150 fm (91 m, 110 m, 

137 m, 183 m, 229 m, and 274 m 

respectively) lines around Santa Barbara 

Island, San Nicolas Island, Cortes Bank, 

and Tanner Bank, and the 150 fm (274 

m) line around Osborn Bank and the 

Eastern CCA. The purpose of defining 

these fathom lines around the islands 

and banks is to provide flexible 

management tools to restrict fishing 

seaward or shoreward of the new lines 

as needed, which would prevent 

interactions with certain nearshore 

species and control catch of groundfish. 

This final rule defines these boundaries 

in the regulations and they will be 

available for use in the future should the 

Council wish to recommend activating 

depth-based closures. The Council may 

also recommend modifying the status of 

these closures via an inseason action 

consistent with § 660.60(c) or via a 

rulemaking action for groundfish 

fisheries management. 

New Conservation Areas 

Groundfish Exclusion Areas (GEAs) 

Amendment 32 and its implementing 

regulations included in this final rule 

create a new type of GCA called a GEA, 

which is intended to mitigate potential 

impacts to sensitive environments from 

certain groundfish fishing activity. 

Specifically, eight GEAs are being 

established in this action: (1) Hidden 

Reef; (2) West of Santa Barbara Island; 

(3) Potato Bank; (4) 107/118 Bank; (5) 

Cherry Bank; (6) Seamount 109; (7) 

Northeast Bank; and (8) The 43-Fathom 

Spot. All of these GEAs are located in 

the Southern California Bight in the area 

where non-trawl CCA restrictions are 

removed. These GEAs keep 

approximately 428 sq mi (1,100 sq km) 

closed to non-trawl fishing effort. The 

purpose of this change is to create a type 

of GCA that can be used to protect 

sensitive areas that are separate and 

distinct from groundfish essential fish 

habitat (EFH). These GEAs prohibit all 

commercial and recreational groundfish 

fishing. Commercial fishing vessels are 

allowed to continually transit through 

GEAs provided that all gear is stowed. 

Recreational vessels are allowed to 

continually transit through GEAs 

provided that no gear is deployed. If 

fishing for non-groundfish species 

within the GEAs, no groundfish is 

allowed on board the vessel. 

Yelloweye Rockfish Conservation Areas 

(YRCAs) 

A YRCA is a type of GCA used to 

mitigate bycatch of yelloweye rockfish 

in groundfish fisheries. Given that 

yelloweye rockfish is still rebuilding, 

the Council considered establishing new 

YRCAs in the event that yelloweye 

rockfish bycatch increases with 

increased fishing access to the NonTrawl RCA. Amendment 32 and this 

final rule establishes four new YRCAs 

seaward of Oregon: (1) Tillamook 

YRCA; (2) Newport YRCA; (3) Florence 

YRCA; and (4) Heceta Bank YRCA. 

Within the YRCAs, restrictions apply to 

both commercial groundfish non-trawl 

fisheries and the non-tribal directed 

commercial Pacific halibut fishery. In 

recommending Amendment 32, the 

Council proposed that only one of the 

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

implementation. The other three 

closures would be ‘‘inactive’’ until the 

Council recommends, and NMFS 


lotter on DSK11XQN23PROD with RULES1
Federal Register / Vol. 88, No. 230 / Friday, December 1, 2023 / Rules and Regulations 83833 

implements, those closures. Thus, in 

this final rule, only the Heceta Bank 

YRCA is active. The Tillamook, 

Newport, and Florence YRCAs are 

defined and established in Federal 

regulations at § 660.11, but will remain 

inactive until the Council recommends 

modifying their inactive status and 

NMFS implements such changes via an 

inseason action consistent with 

§ 660.60(c) or a future rulemaking action 

on groundfish fisheries. NMFS would 

need to modify the status of these 

YRCAs for the non-tribal directed 

commercial Pacific halibut fishery via a 

standard rulemaking process (i.e., not an 

inseason action), as the current 

regulations on the non-tribal directed 

commercial halibut fishery do not 

include a regulatory mechanism for 

modifying closed areas inseason. 

Essential Fish Habitat Conservation 

Areas (EFHCAs) 

The Magnuson-Stevens Act requires 

that FMPs describe and identify EFH 

and minimize to the extent practicable, 

adverse effects on EFH caused by 

fishing. The Pacific Coast Groundfish 

FMP authorizes the use of EFHCAs to 

protect groundfish EFH from specific 

types of fishing activity. Federal 

regulations at §§ 660.75 through 660.79 

provide the coordinates for all current 

EFHCAs off the U.S. West Coast. Prior 

to this final rule, there were two types 

of EFHCAs: bottom trawl and bottom 

contact. Both bottom trawl and bottom 

contact EFHCAs apply to all fisheries 

and are not limited in application to 

groundfish fisheries. Amendment 32 

creates a new type of EFHCA that 

prohibits using non-trawl bottom 

contact gear (e.g., pot/longline) for all 

non-tribal groundfish fisheries and the 

non-tribal directed commercial Pacific 

halibut fishery. The purpose of this new 

type of EFHCA is to protect groundfish 

EFH that will be newly exposed to nontrawl bottom contact gear from moving 

the seaward boundary of the Non-Trawl 

RCA to 75 fm (137 m) seaward of 

Oregon. Specifically, this final rule 

establishes five new EFHCAs: (1) 

Nehalem Bank East; (2) Bandon High 

Spot East; (3) Arago Reef West; (4) 

Garibaldi Reef North; and (5) Garibaldi 

Reef South. All of these new EFHCAs 

overlap partially or entirely with 

existing bottom trawl EFHCAs (i.e., 

bottom trawl gear is already prohibited 

in these areas), which is why the 

specified gear prohibition only includes 

non-trawl bottom contact gear. Taking, 

retaining, or possessing (except for the 

purpose of continuous transit) 

groundfish or Pacific halibut in these 

new EFCHAs is prohibited. 

Block Area Closures (BACs) 

The Pacific Coast Groundfish FMP 

and its implementing regulations 

authorize the use of BACs as a routine 

management measure to control bycatch 

of groundfish in trawl fisheries. BACs, 

defined at § 660.11, are size variable 

spatial closures in the EEZ bounded by 

latitude lines or the EEZ, with depth 

contour approximations defined at 

§§ 660.71 through 660.74 ((10 fm (18 m) 

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

(700 fm (1280 m)). Amendment 28 to 

the FMP (84 FR 63966, November 19, 

2019) first established BACs as a 

management tool to control bycatch of 

groundfish. The salmon bycatch 

minimization measures final rule (86 FR 

10857, February 23, 2021) expanded 

BACs as a tool to minimize salmon 

bycatch. Amendment 32 and its 

implementing regulations included in 

this final rule expand the use of BACs 

for groundfish non-trawl fisheries. The 

purpose of this change is to create a 

mechanism to control bycatch of 

groundfish and bycatch of protected or 

prohibited species from non-trawl 

fisheries given the new flexibilities (e.g., 

newly opened fishing grounds). Thus, 

under this final rule, BACs can be 

implemented in the EEZ coastwide. 

BACs also could be implemented within 

tribal Usual and Accustomed (U&A) 

fishing areas but would only apply to 

non-tribal vessels. 

This final rule does not implement 

specific individual BACs. This final rule 

allows NMFS to close or reopen BACs 

preseason or inseason. This approach is 

consistent with existing routine 

management measures in framework 

amendments to the FMP that have 

already been implemented and 

incorporated into the regulations. Most 

trip, bag, and size limits, and some GCA 

closures in the groundfish fishery, 

including Bycatch Reduction Areas and 

BACs, have been designated routine 

management measures in the Pacific 

Coast Groundfish FMP and in 

§ 660.60(c). The Council can 

recommend to NMFS implementation or 

modification of these routine 

management measures through an 

expedited process involving a single 

Council meeting. Inseason changes are 

announced in the Federal Register 

pursuant to the requirements of the 

Administrative Procedure Act. If good 

cause exists under the Administrative 

Procedure Act to waive notice and 

comment, a single Federal Register 

notification will announce routine 

inseason BACs recommended by the 

Council and implemented by NMFS. 

When deciding whether to 

recommend BACs for NMFS to 

implement, consistent with the Pacific 

Coast Groundfish FMP, the Council 

considers environmental impacts, 

economic impacts, and public 

comments that are received via the 

Council process. Depending on the 

circumstances, NMFS may close areas 

for a defined period of time, for 

example, a few months or the remainder 

of the fishing year, or NMFS may 

maintain a closure for an indefinite 

period of time, for example, until 

reopened by a subsequent action. NMFS 

may close one or more BACs and the 

size of the BACs can vary. A Federal 

Register notification will announce the 

geographic boundaries of one or more 

BACs, the effective dates, applicable 

gear/fishery restrictions, as well as the 

purpose and rationale. NMFS would 

also disseminate this information on 

BACs through public notices and by 

posting on the West Coast Region 

website (see ADDRESSES for electronic 

access information). 

Expected Effects of This Action 

The Council prepared a detailed 

Analysis (see Electronic Access section 

of ADDRESSES) that analyzed the effects 

of Amendment 32 on various resources. 

A brief summary of expected effects 

from the Analysis was provided in the 

proposed rule (88 FR 59838, August 30, 

2023) and is not repeated here. 

Administrative Regulatory Changes 

In addition to the actions described 

above, NMFS is also implementing three 

minor regulatory changes in this final 

rule. These changes, which are 

necessary to improve clarity of existing 

regulations, are administrative in 

nature. 

Groundfish Conservation Area 

Nomenclature Corrections 

NMFS is universally correcting all 

instances of ‘‘Cordell Banks’’ to its 

correct name of ‘‘Cordell Bank.’’ NMFS 

is modifying the description of the 

Cordell Bank GCA at § 660.70(q) to 

clarify that fishing is not permitted 

‘‘within’’ its boundaries as opposed to 

‘‘around’’ its boundaries, as currently 

specified in the regulations. The 

purpose of this change is to clarify the 

intended meaning of these regulations 

for fishermen and to support 

enforcement efforts, but this change 

does not constitute a material change to 

the GCA. 

Bait Definitions 

NMFS is adding regulatory definitions 

for artificial lure, bait (both natural and 

artificial), and weighted gear under 

§ 660.11. As amended by this final rule, 

the regulations allow for the use of 


lotter on DSK11XQN23PROD with RULES1
83834 Federal Register / Vol. 88, No. 230 / Friday, December 1, 2023 / Rules and Regulations 

natural bait on non-bottom contact 

stationary vertical jig gear in the NonTrawl RCA, and continue to prohibit its 

use on groundfish troll gear in the NonTrawl RCA. However, natural bait is not 

defined in the regulations. The purpose 

of adding these definitions (which are 

based on common usage) is to clarify the 

types of bait that are permitted for use 

within the Non-Trawl RCA. This will 

aid fishermen and support enforcement 

efforts. 

Vessel Monitoring System Exemptions 

Vessels participating in the limited 

entry groundfish fishery, open access 

vessels using non-groundfish trawl gear 

(vessels fishing for ridgeback prawn, 

California halibut, and sea cucumber 

trawl), and any vessels that use open 

access gear targeting groundfish or that 

have groundfish bycatch (salmon troll, 

prawn trap, Dungeness crab, halibut 

longline, California halibut line gear, 

and sheephead trap), are required to 

install a NMFS OLE type-approved 

mobile transceiver unit and to arrange 

for a NMFS OLE type-approved 

communications service provider to 

receive and relay transmissions to 

NMFS OLE prior to fishing. These units 

automatically record a vessel’s position 

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

latitude and longitude coordinates), and 

transmit those coordinates to a 

communications service provider. 

Exemptions from the VMS 

requirement for specific reasons are 

allowed (50 CFR 660.14(d)(4)). VMS 

users must follow the requirements at 

§ 660.14(d)(4)(vi) to submit exemption 

reports. Existing exemptions include a 

haul out exemption, an outside areas 

exemption, a permit exemption, and a 

long-term departure exemption. This 

final rule is creating two new 

exemptions: one for maintenance that 

does not require a haul out, and one for 

sale of a vessel. Like the existing haul 

out exemption, the new maintenance 

exemption allows VMS units to 

temporarily be inoperable and allows 

transmissions to be discontinued while 

work is being done on the vessel. 

However, the new maintenance 

exemption is not limited to maintenance 

that is conducted while a vessel is 

hauled out. 

The new exemption for sale of a 

vessel would be an extension of the 

existing long-term departure exemption. 

This new exemption for sale of a vessel 

is being implemented as a response to 

situations in which new owners 

purchase vessels and discontinue use of 

VMS units used by the previous owners. 

If the previous owners do not submit a 

long-term departure exemption prior to 

the sale, the requirement for the VMS 

units to operate continues to exist on 

the sold vessels, even when the new 

owners do not participate in an activity 

requiring VMS. 

Both of these new exemptions will 

create flexibilities in the vessel owners’ 

VMS requirements when vessels are not 

participating in an activity requiring 

VMS. If these new exemptions were not 

added to the regulations, fishermen 

would continue to be in violation of 

VMS requirements while their vessels 

undergo long-term maintenance or 

when prior owners of newly purchased 

vessels did not submit a long-term 

departure exemption prior to selling the 

vessel. 

Public Comments 

The notice of availability for 

Amendment 32 was published on 

August 2, 2023 (88 FR 50830), and was 

open for comment until October 1, 2023. 

NMFS received a total of four public 

comments on the notice of availability. 

The proposed rule for Amendment 32 

was published on August 30, 2023 (88 

FR 59838), and was open for public 

comment until September 29, 2023. 

NMFS received a total of five public 

comments on the proposed rule. Two 

commenters provided the same 

comments for both the notice of 

availability and for the proposed rule. A 

summary of public comments submitted 

for both the notice of availability and 

the proposed rule and NMFS’ responses 

to all of those comments are provided 

below. 

Comment 1: An anonymous 

individual submitted a comment on the 

notice of availability requesting that 

NMFS ensure that the new GEAs being 

implemented in the Southern California 

Bight allow fishing for non-groundfish 

species. 

Response: The new GEAs will only 

prohibit groundfish fishing. If a vessel is 

fishing for non-groundfish species 

within the GEAs, no groundfish is 

allowed on board the vessel. This 

information is in the preamble to the 

proposed rule (88 FR 59838), the 

Analysis (see ADDRESSES), and the 

preamble to this final rule. 

Comment 2: A private individual 

submitted a comment on the proposed 

rule, questioning why boundary changes 

to the Non-Trawl RCA are only being 

made seaward of Oregon and California, 

and not off Washington. 

Response: During the development of 

this action, the Council contemplated 

changes to the Non-Trawl RCA 

boundary seaward of Washington (see 

Agenda Item E.6.a Supplemental WDFW 

Report 1 of the November 2021 briefing 

book at https://www.pcouncil.org). 

However, the alternative that included 

changes off Washington was withdrawn 

for possible future consideration due to 

anticipated overlap and resulting 

conflicts between tribal, recreational, 

and commercial fisheries, as well as 

concern over increased yelloweye 

bycatch and habitat impacts (see 

Agenda Item G.6.a WDFW Report 1 in 

the September 2022 briefing book at 

https://www.pcouncil.org). Therefore, 

changes to the Non-Trawl RCA off 

Washington were not included in the 

recommendation by the Council for this 

action and are not being included in this 

final rule. 

Comment 3: A private individual 

submitted a comment on the proposed 

rule, expressing concern over the 

potential of increased drift gillnetting in 

the newly opened fishing areas. 

Response: This action opens up 

fishing areas for groundfish non-trawl 

fisheries and the non-tribal directed 

commercial Pacific halibut fishery only. 

Neither of these fisheries utilize drift 

gillnets. This rule does not open any 

fishing area to drift gillnetting. 

Comment 4: A professional mariner/ 

private citizen from Oregon submitted a 

comment on the proposed rule 

expressing concern that this action is 

not placing enough emphasis on 

protection of fish species. This same 

commenter also expressed concern that 

the VMS haul out exemption will yield 

enforcement and accountability 

challenges. 

Response: The Magnuson-Stevens Act 

dictates that conservation and 

management measures shall prevent 

overfishing while achieving, on a 

continuing basis, the optimum yield 

from each U.S. fishery. Yelloweye 

rockfish is the only fish species 

currently under a rebuilding plan. To 

mitigate potential yelloweye rockfish 

impacts off Oregon, the Council 

recommended, and NMFS is 

implementing, three new YRCAs for 

potential future use if yelloweye 

rockfish bycatch becomes an issue, and 

one new YRCA that will be active at the 

time of implementation (i.e., the Heceta 

Bank YRCA). 

With regard to the concern over the 

VMS haul out exemption, NOAA’s OLE 

supports the additional clarification of 

exemptions to allow fishery participants 

to have flexibility when needed to 

conduct non-haul out maintenance on a 

vessel involving a disruption to power, 

thus impacting VMS transmissions. 

Sufficient documentation of 

maintenance activities is required in the 

submission of the maintenance 

exemption report. In addition, adequate 

safeguards are in place to ensure vessels 

with a maintenance exemption do not 


lotter on DSK11XQN23PROD with RULES1
Federal Register / Vol. 88, No. 230 / Friday, December 1, 2023 / Rules and Regulations 83835 

resume fishing before VMS 

transmissions resume. 

Comment 5: A fisherman from 

Crescent City, California, submitted a 

comment on the notice of availability, 

expressing concern over the closing of 

the nearshore rockfish fishery in 

Northern California due to quillback 

rockfish and its negative impact to the 

local economy. 

Response: This comment is outside 

the scope of this action, as this action 

does not implement any changes to 

quillback rockfish catch limits or 

closures. 

Comment 6: The environmental 

nongovernmental organization (NGO) 

Oceana submitted a comment letter on 

both the notice of availability and 

proposed rule requesting that NMFS 

disapprove the proposed modifications 

to Non-Trawl RCA management 

measures seaward of California. Oceana 

expressed concern over adverse effects 

of moving this boundary to: (1) EFH, 

namely coral and sponges; (2) yelloweye 

rockfish because it is still rebuilding; 

and (3) canary rockfish, based on a 

claim that new science indicates that 

canary rockfish has not rebuilt. Oceana 

supports moving the Non-Trawl RCA 

boundary to 75 fm (137 m) off Oregon 

because the implementing regulations 

for Amendment 32 provide additional 

EFH and yelloweye rockfish fishery 

closures in the area being opened to 

fishing. Based on the fact that these 

measures are being implemented for 

Oregon and not for California, Oceana 

claims that Amendment 32 fails to 

minimize potential fishing impacts to 

EFH and rebuilding rockfish stocks off 

California. Oceana supports all other 

aspects of Amendment 32. 

Response: NMFS thanks Oceana for 

its expressed support for aspects of 

Amendment 32. Below is the NMFS 

response to the Oceana concerns. 

By moving the seaward boundary of 

the Non-Trawl RCA to 75 fm (137 m) 

seaward of Oregon and California, small 

portions of 23 EFHCAs (17 for 

California, 6 for Oregon) that currently 

prohibit bottom trawling will be newly 

exposed to bottom contact non-trawl 

gear, such as pot and longline gear. 

Although the Non-Trawl RCA was 

implemented to protect overfished 

groundfish stocks, these 23 bottom trawl 

EFCHAs have received ancillary 

protection from non-trawl gear due to 

their overlap with the Non-Trawl RCA. 

This final rule minimizes, to the extent 

practicable, adverse effects to EFH from 

fishing, as described below. 

During the development of this 

action, the Council extensively 

reviewed all 23 EFCHAs and whether or 

not the small portions that would be 

exposed from moving the Non-Trawl 

RCA boundary warranted immediate 

protection in advance of the Council’s 

next EFH review process. For example, 

the Nehalem Bank EFCHA includes area 

that has been a long-term study site for 

the Oregon Department of Fish and 

Wildlife (ODFW) since 2007 for 

evaluating the before and after effects of 

bottom trawling on macroinvertebrates. 

Similarly, the Bandon High Spot 

EFHCA includes Coquille Bank, which 

is also an active research site. 

Disturbance to these areas by new 

bottom contact gear activity inside the 

EFHCAs could compromise the research 

being conducted and therefore 

warranted a closure to bottom contact 

gear ahead of the upcoming routine EFH 

review, which is set to begin in 2025. 

For the remaining EFHCAs off of 

Oregon, including Garibaldi Reef North, 

Garibaldi Reef South, and Arago Reef, 

the Council chose to add additional EFH 

protections due to a review of recent 

2019 ODFW data indicating a high 

amount of rocky reef habitat. 

Similar reasons were not identified 

for the EFHCAs seaward of California. 

Of the 17 bottom trawl EFHCAs off 

California, only 4 have portions greater 

than 5 sq mi (13 sq km) that will be 

exposed by this action. This final rule 

converts 113.5 sq mi (294 sq mi) of the 

almost 200 sq mi (518 sq km) of area 

currently closed to all bottom trawl 

EFHCAs, to be closed to all groundfish 

bottom contact gear. The Analysis 

describes the current understanding of 

potential pot gear and longline gear 

impacts on hard substrates. Generally, 

fishermen avoid high relief areas due to 

concerns of gear loss or gear damage, 

however, when there are interactions, 

the best available information suggests 

that impacts are minor and recovery 

time is less than 6 months (see Chapter 

7 of the EA). While the Analysis 

acknowledges that adverse impacts to 

EFH may occur, the Analysis concluded 

there would be no significant adverse 

impacts from Amendment 32 on habitat. 

Ultimately, the Council decided to 

consider whether additional protections 

are needed for the exposed bottom trawl 

EFHCAs seaward of California during 

the next routine groundfish EFH review, 

which is set to begin in 2025 (see 

Council transcript, page 108–109 from 

the September 2022 meeting at https:// 

www.pcouncil.org) when updated 

habitat data is available to fully inform 

what protections are needed. In the 

interim and prior to any future EFH 

protections that may result from the 

Council’s next EFH review, the 

individual areas being exposed are 

small and comprise a total of 77.9 sq mi 

(202 sq km); the Analysis concluded 

that significant impacts for the purpose 

of NEPA are not anticipated in these 

areas. Therefore, NMFS has determined 

that opening of the Non-Trawl RCA off 

California does minimize adverse 

impacts on habitat and opening of this 

area to non-trawl fishing is supported by 

the best available information. 

With regard to yelloweye rockfish, the 

Council is opening the Non-Trawl RCA 

via a step-wise approach, with one of 

the primary reasons being to continue 

adequate protection for yelloweye 

rockfish, which is rebuilding ahead of 

the time frame anticipated in the 

rebuilding plan. As Oceana points out, 

one new YRCA (Heceta Bank) is being 

implemented to protect important 

yelloweye rockfish habitat off Oregon. 

In addition, three new YRCAs are being 

defined in regulation because the 

Council identified them as flexible 

inseason tools that could be activated if 

yelloweye bycatch becomes a concern; 

these new YRCAs were selected based 

on a review of the Yelloweye Habitat 

Suitability Model. The Council did not 

identify any areas of California that 

appear necessary for a YRCA, and 

therefore none were recommended to 

NMFS. 

With regard to canary rockfish, 

Oceana cites a recent Scientific and 

Statistical Committee (SSC) report (see 

Agenda Item G.2.a Supplemental SSC 

Report 1 September 2023 at https://

www.pcouncil.org) that includes a 

review of the current 2023 stock 

assessment. The new model’s hindcast 

estimates that the stock may have still 

been below the management target 

when it was declared rebuilt in 2015. 

However, the stock was declared rebuilt 

at the time based on the best scientific 

information available. The new 2023 

stock assessment indicates that the stock 

is currently at 35.1 percent of unfished 

biomass, which is in the precautionary 

zone and still above the minimum stock 

size threshold of 25 percent unfished 

biomass (i.e., not overfished). The SSC 

adopted the 2023 stock assessment as 

the best scientific information available 

for informing management. The Council 

and NMFS will continue to track the 

status of canary rockfish, and NMFS can 

take a diversity of actions to reduce 

catch of canary rockfish if necessary. 

With regard to impacts to coral and 

sponge habitats, Oceana expressed 

concern over the Office of National 

Marine Sanctuaries’ (ONMS) request of 

the Council to implement fishery 

closures for coral research and 

restoration sites that require long-term 

closure from bottom contact gear types, 

and how the implementing regulations 

for Amendment 32 will expose areas 


lotter on DSK11XQN23PROD with RULES1
83836 Federal Register / Vol. 88, No. 230 / Friday, December 1, 2023 / Rules and Regulations 

that may be used for these purposes. At 

the June 2023 Council meeting, ONMS 

requested that the Council consider a 

process starting in September 2023 to 

meet the sanctuaries needs for deep-sea 

coral research and restoration (see 

Agenda Item C.8.a, Supplemental 

ONMS report 1, June 2023). The Council 

began formal consideration of this issue 

at its September 2023 meeting (see 

Agenda Item H.2, September 2023) and 

has scheduled consideration of closing 

areas suitable for coral research and 

restoration (see Agenda Item H.10, 

Supplemental Attachment 4: Draft 

Proposed Council Meeting Agenda, 

September 2023 at https://

www.pcouncil.org). At their September 

2023 meeting, the Council identified 

three areas that will be analyzed for 

coral restoration and research. The 

Council is expected to select a 

preliminary preferred alternative for 

sites to close for coral research and 

restoration at their March 2024 meeting. 

Comment 7: The environmental NGO 

the Center for Biological Diversity (CBD) 

submitted a comment letter on both the 

notice of availability and proposed rule 

opposing the implementing regulations 

for Amendment 32 and the analysis in 

the EA. As described below, CBD 

expressed concern over fishing impacts 

from pot gear to humpback whales 

listed under the Endangered Species Act 

(ESA), fishing impacts from fixed gear 

on ESA-listed leatherback sea turtles, 

and fishing impacts from hook-and-line 

gear on ESA-listed short-tailed albatross. 

CBD also expressed concern over 

adverse impacts from pot and longline 

gear on deep-sea coral and sponge 

habitats. 

Response: In its letter, CBD asserts 

that NMFS should not open the NonTrawl RCA as proposed because NMFS 

has failed to assess the impacts on 

corals and sponges. CBD asserts that the 

impacts from opening this area will 

cause a significant impact on corals and 

sponges and therefore an Environmental 

Impact Statement is needed. However, 

in support of this assertion, CBD relies 

on general information about coral and 

sponge life history and the impact of 

fishing on those species and does not 

provide any basis for why Amendment 

32 specifically causes a significant 

impact on corals and sponges. As 

indicated in the Purpose and Need for 

Amendment 32 (described in the 

Analysis), habitat protection was part of 

the consideration of the Council (‘‘The 

purpose of the proposed actions are to 

provide additional access in some areas 

that are currently closed to groundfish 

fishing inside the Non-Trawl Rockfish 

Conservation Area (RCA) and Cowcod 

Conservation Area (CCA). In doing so, 

measures were developed to address 

adverse effects on designated Essential 

Fish Habitat (EFH) and sensitive benthic 

habitats exposed to fishing activity 

under the proposed actions and mitigate 

bycatch of groundfish and protected and 

prohibited species.’’). In the 

development of the action, the Council 

and NMFS considered impacts on 

habitat from opening the Non-Trawl 

RCA, including EFH, corals and 

sponges, including as documented in 

the EA for this action. In addition, CBD 

has failed to acknowledge that the 

Council recommended, and NMFS is 

implementing, tools specifically 

designed to minimize the impact of the 

action on habitat, including corals. This 

includes implementing GEAs off 

California and EFHCAs that prohibit 

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

longline) off Oregon, efforts that were 

developed with significant public input 

including from environmental NGOs. 

Further, as stated above, the Council 

announced its intent to evaluate 

exposed EFH off California during the 

Council’s routine EFH review process, 

which starts in 2025. 

CBD incorrectly asserts that NMFS 

has an obligation under the National 

Environmental Policy Act (NEPA) to 

quantify the impacts on coral habitat 

through ‘‘seabed mapping at a meter’s 

spatial resolution’’. However, consistent 

with its NEPA obligations, NMFS used 

the best available information to 

determine if there is a significant impact 

of an action—seabed mapping at a 

meter’s spatial resolution across the 

Non-Trawl RCA, spanning waters off 

California and Oregon, does not 

currently exist. NMFS and the Council 

conducted extensive analysis, through a 

rigorous public process, on the habitat 

impacts of opening parts of the NonTrawl RCA, including the additional 

habitat mitigation measures mentioned 

above (i.e., GEAs and EFCHAs). The 

Analysis discloses the potential for 

impacts of the proposed action on 

habitat, including identifying those 

areas that are proposed to be open to 

fishing where there are higher densities 

of corals and sponges and identifying 

the potential adverse impacts of fishing 

gear on that habitat. In addition to the 

maps presented in the Analysis, this 

information was available via a Public 

Map Viewer, which allowed users to 

zoom in on any specific area being 

opened to fishing. The Public Map 

Viewer includes a layer that shows 

deep-sea coral and sponge observations, 

a layer that shows a variety of seafloor 

substrate types (i.e., hard bottom, soft 

bottom, or mixed), and a layer that 

shows habitat areas of particular 

concern. The Analysis identified that 

there was no expected significant 

impact of the action on habitat. NMFS 

used the best available information to 

make a Finding of No Significant Impact 

and thereby satisfied its NEPA 

obligations. 

In its letter, CBD alleges that the 

proposed rule would remove a seabird 

mitigation measure for two gear types 

which ‘‘may affect’’ ESA-listed shorttailed albatross, and therefore NMFS 

must consult with the U.S. Fish and 

Wildlife Service (USFWS). Regarding 

ESA consultation, the USFWS issued a 

Biological Opinion in 2017 concluding 

that the continued operation of the 

Pacific Coast Groundfish Fishery was 

not likely to jeopardize the continued 

existence of short-tailed albatross (FWS 

reference: 01EOFW00–2017–F–0316) as 

well as other ESA-listed species. 

Regarding the removal of seabird 

mitigation measures, CBD 

misunderstood the proposed action. 

Currently, there is a prohibition on the 

use of natural bait on both stationary 

vertical jig gear and groundfish troll gear 

(i.e., the only two gear types currently 

allowed for use inside the Non-Trawl 

RCA). CBD has asserted that the 

proposed rule would remove this 

prohibition for both gear types. This is 

incorrect; the implementing regulations 

for Amendment 32 will only allow 

natural bait on stationary vertical jig 

gear. As stated in the Analysis, vertical 

lines on stationary vertical jig gear are 

closely tended to the vessel and do not 

float at the surface and thus significant 

impacts to seabirds are not expected. 

NMFS discussed allowing natural bait 

on this gear type with the USFWS 

during the development of Amendment 

32, and the USFWS concurred that 

allowing natural bait on the stationary 

vertical jig gear does not necessitate reinitiation under the ESA. The 

prohibition on using natural bait on 

groundfish troll gear inside the Nontrawl RCA will remain in place. NMFS 

notes that non-bottom contact stationary 

vertical jig gear has been tested inside 

the Non-Trawl RCA since 2013 under an 

exempted fishing permit (EFP) project; 

artificial bait was required in the EFP 

because the nature and performance of 

the gear was not initially known. After 

9 years of EFP testing with 100 percent 

observer coverage, there have been zero 

documented seabird interactions. 

Because of the way in which the gear is 

fished and the reduced exposure of 

baited hooks and proximity to humans, 

NMFS does not anticipate risk to 

seabirds from the use of natural bait on 

stationary vertical jig gear. Therefore, 

NMFS determined that there was no 


lotter on DSK11XQN23PROD with RULES1
Federal Register / Vol. 88, No. 230 / Friday, December 1, 2023 / Rules and Regulations 83837 

significant impact of the proposed 

action on seabirds. NMFS has also 

determined that re-initiation of ESA 

consultation is not warranted, as 

Amendment 32 and its implementing 

regulations will not affect endangered 

and threatened species or critical habitat 

in any manner or to an extent not 

considered in the 2017 Biological 

Opinion. 

CBD asserts that NMFS should reinitiate ESA consultation for the impact 

of this action on ESA-listed leatherback 

sea turtles and their critical habitat 

because the proposed rule would pose 

a risk of gear entanglement not 

contemplated in the 2012 Biological 

Opinion (NWR–2012–876). CBD 

supports this claim by pointing out that 

NMFS has implemented a fishery 

closure to protect leatherback sea turtles 

in the drift gillnet fishery. NMFS notes 

that the drift gillnet fishery is a different 

fishery managed under the Highly 

Migratory Species FMP, and that the 

Analysis prepared for this action 

contemplates potential impacts from 

groundfish non-trawl fisheries under the 

Pacific Coast Groundfish FMP. As 

described in the Analysis and the 2012 

Biological Opinion, there has not been 

a documented interaction with a 

leatherback sea turtle in the groundfish 

fishery since 2008. Additionally, there 

is no evidence to suggest that a 

geographic expansion of fishery effort 

(not an increase in fishing effort) into 

the area being opened significantly 

increases the risk of entanglement to 

leatherback sea turtles. As a result of 

this action, the density of non-trawl gear 

in the EEZ both shoreward and seaward 

of the Non-Trawl RCA will likely lessen, 

as some vessels will likely shift some of 

their effort to the newly opened depth 

bin. This will increase the spatial 

distribution of fixed gear, but will not 

change the overall amount of effort nor 

will it concentrate effort in a particular 

area. In addition, there is no evidence to 

suggest that vessels fishing in 75–100 fm 

or 75–125 fm (137–183 m or 137–229 m) 

would create more potential for sea 

turtle interactions compared to fishing 

in 100–125 fm (183–229 m) or greater, 

depths at which fishing is already open. 

NMFS is not aware of any information, 

and CBD has failed to provide any 

supporting information, that indicates 

that the action presents a notable 

increase in potential exposure to sea 

turtles. Therefore, in the Finding of No 

Significant Impact, NMFS concluded 

that Amendment 32 will not 

significantly impact ESA-listed sea 

turtles. NMFS also has determined there 

are no anticipated impacts on ESAlisted leatherback sea turtles beyond 

those impacts already considered in the 

2012 Biological Opinion and therefore 

re-initiation is not warranted. 

CBD asserts that NMFS should reinitiate ESA consultation for the impact 

of this action on ESA-listed humpback 

whales and their critical habitat in part 

because the proposed rule would pose 

a risk of entanglement not contemplated 

under the 2020 Biological Opinion. As 

stated in the preamble to the proposed 

rule, NMFS evaluated the effects of the 

groundfish fishery on ESA-listed 

humpback whales and their critical 

habitat in the 2020 Biological Opinion 

for the Pacific Coast Groundfish Fishery 

(WCRO–2018–01378). Although there 

will likely be a geographic effort shift 

from the sablefish pot fishery as well as 

other non-trawl fisheries into the newly 

opened area, the Council and NMFS do 

not anticipate an overall increase in the 

number of participants in any non-trawl 

fishery sector. As explained in the 

Analysis, it is the amount of gear in the 

water rather than the amount of area or 

habitat designation that affects potential 

entanglement risk for whales. This 

action does not change the overall 

amount of sablefish that can be caught 

by the fishery, which was analyzed as 

part of the 2023–2024 Biennial Harvest 

Specifications and Management 

Measures EA (available at https://

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

laws-and-policies/groundfish-actionsnepa-documents). That EA describes the 

anticipated impacts and potential for 

adverse impacts of fixed gear in the 

groundfish fishery on ESA-listed 

humpback whales from the harvest 

levels implemented in the 2023–2024 

harvest specifications. Similarly, the 

2020 Biological Opinion evaluates the 

effects of the fixed gear fishery on ESAlisted humpback whales and 

acknowledges that there is risk from 

entanglements, but not at a level which 

jeopardizes the ESA-listed species or 

adversely modifies critical habitat. In 

the Analysis for this action, and in the 

determination of whether re-initiation of 

the 2020 Biological Opinion was 

required, NMFS evaluated the 

anticipated changes from moving the 

boundary of the Non-Trawl RCA. As a 

result of this action, the density of pot 

gear and other non-trawl gear in the EEZ 

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

vessels will likely shift some of their 

effort to the newly opened depth bin. 

This will increase the spatial 

distribution of pot gear, but will not 

change the overall amount of effort nor 

will it concentrate effort in a particular 

area. In addition, there is no evidence to 

suggest that vessels fishing in 75–100 fm 

or 75–125 fm (137–183 m or 137–229 m) 

would create more potential for whale 

interactions compared to fishing in 100– 

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

at which fishing is already open. NMFS 

is not aware of any information, and 

CBD has failed to provide any 

supporting information beyond 

generalizations about humpback whale 

critical habitat, that indicates that the 

action presents a notable increase in 

potential exposure to migrating 

humpback whales nor that the area 

includes known or significant foraging 

or breeding area. 

Therefore, in the Finding of No 

Significant Impact, NMFS concluded 

that Amendment 32 will not 

significantly impact ESA-listed 

humpback whales. NMFS also 

concluded there are no anticipated 

impacts to the Mexican Distinct 

Population Segment (DPS) or the 

Central American DPS of humpback 

whales from Amendment 32 beyond 

those impacts already considered in the 

2020 Biological Opinion and therefore 

re-initiation is not warranted. 

NMFS acknowledges CBD’s comment 

that the draft Analysis does not mention 

the Central American DPS of humpback 

whale. The Analysis intentionally 

discusses potential impacts to 

humpback whales in a generic sense 

without discussion of the separate 

subpopulations, however Figure 27 and 

Figure 28 mistakenly omit the Central 

American DPS in the legends. NMFS 

has corrected this in the Final Analysis. 

CBD has alleged that NMFS cannot 

rely on the 2021 Marine Mammal 

Protection Act (MMPA) 101(a)(5)(E) 

permit that was issued for the sablefish 

pot gear fishery. However, this assertion 

incorrectly states the status of that 

permit. On July 26, 2023, Judge James 

Donato in the Northern District of 

California signed an order approving a 

stipulated settlement agreement 

between NMFS and CBD resolving 

claims in the matter of Center for 

Biological Diversity v. Raimondo, et al., 

3:22–cv–117 (N.D. Cal.). Under that 

agreement, the parties agreed that ‘‘The 

National Marine Fisheries Service’s 

Marine Mammal Protection Act permit 

regarding the sablefish pot gear fishery 

is hereby remanded to the agency for 

further consideration without vacatur.’’ 

Therefore, the permit is still operable 

while NMFS addresses other 

stipulations in the settlement 

agreement. 

Finally, CBD claims that NMFS failed 

to acknowledge a 2021 humpback whale 

entanglement in the hook-and-line 

fishery and that this entanglement 

triggers re-initiation of the 2020 

Biological Opinion. The Council’s ESA 


lotter on DSK11XQN23PROD with RULES1
83838 Federal Register / Vol. 88, No. 230 / Friday, December 1, 2023 / Rules and Regulations 

Workgroup Report from the June 2023 

Council meeting included information 

on the 2021 entanglement (see Agenda 

Item H.6.a GESW Report 1 June 2023 at 

https://www.pcouncil.org); this report 

was referenced in the Analysis. Because 

this is new information, NMFS’ 

investigation on this entanglement is 

ongoing. The 2020 Biological Opinion 

evaluates the ongoing operation of the 

entire Pacific Coast groundfish fishery, 

all gear types and sectors. NMFS 

expects this entanglement will be 

incorporated into a future stock 

assessment report for humpback whales 

and will continue to be evaluated 

relative to whether this information 

would lead to a re-initiation of the 2020 

Biological Opinion. 

Changes From the Proposed Rule 

NMFS has identified minor technical 

changes that must be made to the 

proposed rule’s regulatory text 

amending the regulations to implement 

Amendment 32. These technical 

changes reflect inadvertent omissions in 

the proposed rule’s regulatory text. This 

final rule includes the following 

technical changes in the regulatory text, 

as described below. 

First, this final rule adds a generic 

definition for GEAs at § 660.11, as 

opposed to only describing GEAs in the 

regulatory sections that describe sectorspecific management measures. The 

purpose of adding this generic 

definition is to clarify the scope of 

options for using GEAs. For example, 

GEAs do not always need to prohibit all 

groundfish sectors from fishing in a 

certain area or prohibit the use of all 

gear types from a certain area; they can 

prohibit specific fishing sectors or 

specific gear types. This is consistent 

with the existing regulations for how 

BACs may be implemented to control 

bycatch of groundfish. 

Second, this final rule modifies the 

regulations at § 300.63(f)(1), § 660.11, 

§ 660.60(c)(3)(i), § 660.230(d)(14) and 

§ 660.330(d)(15) to clarify that the 

shoreward boundary of the EEZ (i.e., the 

State/Federal 3-nautical mile line) can 

be used as a boundary for the NonTrawl RCA. NMFS inadvertently 

omitted this change in the proposed 

rule. Adding this change will make the 

use of the Non-Trawl RCA consistent 

with the use of BACs, whose east and 

west boundaries may also be defined by 

EEZ boundaries, and are not necessarily 

restricted to boundary lines that 

approximate depth contours. 

Third, this final rule includes changes 

that provide additional clarification on 

the requirements for using the nonbottom contact gear types described at 

§ 660.330(b)(3). These requirements are 

necessary for adequate enforcement of 

proper usage of these gear types. 

Therefore, this final rule amends 

§ 660.13(d)(4)(iv) to clarify that only one 

declaration for legal non-bottom contact 

hook-and-line gear may be made per 

fishing trip (i.e., either gear code 36 at 

§ 660.(d)(4)(iv)(A)(28) or code 37 at 

§ 660.(d)(4)(iv)(A)(29)). This change is 

consistent with the requirement in 

current regulations at § 660.330(b)(3) 

specifying that only one legal nonbottom contact gear type may be carried 

on board at a time. Therefore, to avoid 

potential confusion among fishermen, 

this final rule corrects the inadvertent 

omission in the proposed rule of an 

amendment to § 660.13(d)(4)(iv) to 

similarly specify that only one 

declaration can be made. Adding this 

change is consistent with the Council 

and NMFS’s intent for these gear 

provisions. 

Fourth, this final rule corrects an 

inaccurate citation (for a table) in the 

regulations at § 660.330(d)(14), which 

describes the regulations for open access 

fisheries around the Farallon Islands. 

The proposed rule’s reference to Table 

2 South should, instead, be a reference 

Table 3 South, as this provision is in the 

open access portion of the regulations, 

whereas Table 2 South is in the LEFG 

portion of the regulations. 

No changes were made to the final 

rule in response to public comments on 

the proposed rule. 

Classification 

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

305(d) of the Magnuson-Stevens Act and 

Section 5 of the Northern Pacific 

Halibut Act of 1982 (Halibut Act, 16 

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

Administrator has determined that this 

final rule to implement Amendment 32 

is consistent with the FMP, other 

provisions of the Magnuson-Stevens 

Act, and other applicable law. For 

rulemaking efficiency, NMFS is also 

implementing minor administrative 

regulatory changes. These changes 

include corrections to all references to 

‘‘Cordell Bank,’’ and, in the description 

of the Cordell Bank GCA at § 660.70(q), 

clarifying that fishing is not permitted 

‘‘within’’ its boundaries as opposed to 

‘‘around’’ its boundaries; adding new 

regulatory definitions for different types 

of fishing bait, and adding new 

exemptions to the Vessel Monitoring 

System reporting requirements. 

This final rule has been determined to 

be not significant for purposes of 

Executive Order 12866. 

There are no relevant Federal rules 

that may duplicate, overlap, or conflict 

with this action. 

Certification Under the Regulatory 

Flexibility Act 

The Chief Counsel for Regulation, 

Department of Commerce, certified to 

the Chief Counsel for Advocacy of the 

Small Business Administration during 

the proposed rule stage that this action 

will not have a significant economic 

impact on a substantial number of small 

entities. The factual basis for this 

certification was published in the 

proposed rule and is not repeated here. 

No comments were received regarding 

this certification. As a result, a final 

regulatory flexibility analysis was not 

required and none was prepared. 

Information Collection Requirements 

This final rule contains a collectionof-information requirement subject to 

review and approval by the Office of 

Management and Budget (OMB) under 

the Paperwork Reduction Act (PRA). 

This rule will revise the existing 

requirements under OMB control # 

0648–0573, ‘‘VMS and Declarations,’’ by 

adding and modifying declaration codes 

for the purpose of monitoring and 

enforcing the new provisions in the 

Non-Trawl RCA for limited fixed gear 

vessels and IFQ gear switchers. These 

new declaration codes are not 

anticipated to alter the number of 

respondents, anticipated responses, 

burden hours, or burden costs, as the 

affected vessels are already required to 

declare their fishing activities. The new 

declaration codes will allow NOAA’s 

OLE to track those vessels that are 

declaring to fish inside the Non-Trawl 

RCA and identify what catch limits they 

should adhere to. Public reporting 

burden for submitting a declaration 

report is estimated to average 4 minutes 

per individual report, including the 

time for reviewing instructions, 

searching existing data sources, 

gathering and maintaining the data 

needed, and completing and reviewing 

the collection of information. 

Public comment is sought regarding: 

whether this proposed collection of 

information is necessary for the proper 

performance of the functions of the 

agency, including whether the 

information shall have practical utility; 

the accuracy of the burden estimate; 

ways to enhance the quality, utility, and 

clarity of the information to be 

collected; and ways to minimize the 

burden of the collection of information, 

including through the use of automated 

collection techniques or other forms of 

information technology. Submit 

comments on these or any other aspects 

of the collection of information at 

www.reginfo.gov/public/do/PRAMain. 


lotter on DSK11XQN23PROD with RULES1
Federal Register / Vol. 88, No. 230 / Friday, December 1, 2023 / Rules and Regulations 83839 

Notwithstanding any other provision 

of the law, no person is required to 

respond to, nor shall any person be 

subject to a penalty for failure to comply 

with, a collection of information subject 

to the requirements of the PRA, unless 

that collection of information displays a 

currently valid OMB Control Number. 

List of Subjects 

50 CFR Part 300 

Fish, Fisheries, Fishing, Fishing 

vessels. 

50 CFR Part 660 

Fisheries, Fishing, Reporting and 

recordkeeping requirements. 

Dated: November 17, 2023. 

Samuel D. Rauch, III, 

Deputy Assistant Administrator for 

Regulatory Programs, National Marine 

Fisheries Service. 

For the reasons set out in the 

preamble, NMFS amends 50 CFR parts 

300 and 660 as follows: 

PART 300—INTERNATIONAL 

FISHERIES REGULATIONS 

Subpart E—Pacific Halibut Fisheries 

■ 1. The Authority citation for part 300 

continues to read as follows: 

Authority: 16 U.S.C. 773–773k. 

■ 2. Amend § 300.63 by revising 

paragraph (f) to read as follows: 

§ 300.63 Catch sharing plan and domestic 

management measures in Area 2A. 

* * * * * 

(f) Area 2A Non-Treaty Commercial 

Fishery Closed Areas—(1) Nontrawl 

Rockfish Conservation Area (RCA). Nontribal commercial vessels operating in 

the directed commercial fishery for 

halibut in Area 2A are prohibited from 

fishing within a groundfish closed area 

known as the nontrawl RCA. Nontrawl 

RCA boundaries are defined by specific 

latitude and longitude coordinates that 

approximate depth contours, or the 

boundaries of the EEZ. Between the 

U.S./Canada border and 46°16′ N lat., 

the shoreward boundary of the nontrawl 

RCA is the EEZ. Between 46°16′ N lat. 

and 40°10′ N lat., the shoreward 

boundary of the nontrawl RCA is a line 

approximating the 30-fm (55-m) depth 

contour, or the shoreward boundary of 

the EEZ, whichever is more seaward. 

Coordinates for the 30-fm (55-m) 

boundary are listed at 50 CFR 660.71(e). 

Between the U.S./Canada border and 

46°16′ N lat., the seaward boundary of 

the nontrawl RCA is a line 

approximating the 100-fm (183-m) 

depth contour. Coordinates for the 100- 

fm (183-m) boundary are listed at 50 

CFR 660.73(a). Between 46°16′ N lat. 

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

of the nontrawl RCA is a line 

approximating the 75-fm (137-m) depth 

contour. Coordinates for the 75-fm (137- 

m) boundary are listed at 50 CFR 

660.72(j). 

(2) North Coast Commercial 

Yelloweye Rockfish Conservation Area 

(YRCA). YRCAs are defined in the 

groundfish regulations at 50 CFR 

660.70. Vessels that incidentally catch 

halibut while fishing in the sablefish 

primary fishery are required to follow 

area closures and gear restrictions 

defined in the groundfish regulations. It 

is unlawful to take and retain, possess 

(except for the purpose of continuous 

transit) or land halibut with limited 

entry longline gear within the North 

Coast Commercial Yelloweye Rockfish 

Conservation Area. All fishing gear for 

targeting halibut must be stowed while 

transiting through the North Coast 

Commercial YRCA when the closure is 

in effect. 

(3) Salmon Troll YRCA. YRCAs are 

defined in the groundfish regulations at 

50 CFR 660.70 and in the salmon 

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

incidentally catch halibut while fishing 

in the salmon troll fishery are 

prohibited from fishing within a closed 

area known as the Salmon Troll YRCA. 

It is unlawful for commercial salmon 

troll vessels to take and retain, possess 

(except for the purpose of continuous 

transit) or land halibut within the 

Salmon Troll YRCA. All fishing gear for 

targeting halibut must be stowed while 

transiting through the Salmon Troll 

YRCA when the closure is in effect. 

(4) Tillamook YRCA. YRCAs are 

defined in the groundfish regulations at 

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

the directed halibut fishery in Area 2A 

to take and retain, possess (except for 

the purpose of continuous transit) or 

land halibut within the Tillamook 

YRCA. All fishing gear for targeting 

halibut must be stowed while transiting 

through the Tillamook YRCA when the 

closure is in effect. The closure is not in 

effect at this time. 

(5) Newport YRCA. YRCAs are 

defined in the groundfish regulations at 

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

the directed halibut fishery in Area 2A 

to take and retain, or possess (except for 

the purpose of continuous transit) or 

land halibut within the Newport YRCA. 

All fishing gear for targeting halibut 

must be stowed while transiting through 

the Newport YRCA when the closure is 

in effect. The closure is not in effect at 

this time. 

(6) Florence YRCA. YRCAs are 

defined in the groundfish regulations at 

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

the directed halibut fishery in Area 2A 

to take and retain, possess (except for 

the purpose of continuous transit) or 

land halibut within the Florence YRCA. 

All fishing gear for targeting halibut 

must be stowed while transiting through 

the Florence YRCA when the closure is 

in effect. The closure is not in effect at 

this time. 

(7) Heceta Bank YRCA. YRCAs are 

defined in the groundfish regulations at 

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

the directed halibut fishery in Area 2A 

to take and retain, possess (except for 

the purpose of continuous transit) or 

land halibut within the Heceta Bank 

YRCA. All fishing gear for targeting 

halibut must be stowed while transiting 

through the Heceta Bank YRCA when 

the closure is in effect. 

(8) Nehalem Bank East Essential Fish 

Habitat Conservation Area (EFHCA). 

EFHCAs are defined in the groundfish 

regulations at 50 CFR 660.70. It is 

unlawful for non-tribal commercial 

vessels operating in the directed halibut 

fishery in Area 2A to take and retain, 

possess (except for the purpose of 

continuous transit) or land halibut 

within the Nehalem Bank East EFHCA. 

All fishing gear for targeting halibut 

must be stowed while transiting through 

the Nehalem Bank East EFCHA. 

(9) Garibaldi Reef North EFHCA. 

EFHCAs are defined in the groundfish 

regulations at 50 CFR 660.70. It is 

unlawful for non-tribal commercial 

vessels operating in the directed halibut 

fishery in Area 2A to take and retain, 

possess (except for the purpose of 

continuous transit) or land halibut 

within the Garibaldi Reef North EFHCA. 

All fishing gear for targeting halibut 

must be stowed while transiting through 

the Garibaldi Reef North EFCHA. 

(10) Garibaldi Reef South EFHCA. 

EFHCAs are defined in the groundfish 

regulations at 50 CFR 660.70. It is 

unlawful for non-tribal commercial 

vessels operating in the directed halibut 

fishery in Area 2A to take and retain, 

possess (except for the purpose of 

continuous transit) or land halibut 

within the Garibaldi Reef South EFHCA. 

All fishing gear for targeting halibut 

must be stowed while transiting through 

the Garibaldi Reef South EFCHA. 

(11) Arago Reef West EFHCA. 

EFHCAs are defined in the groundfish 

regulations at 50 CFR 660.70. It is 

unlawful for non-tribal commercial 

vessels operating in the directed halibut 

fishery in Area 2A take and retain, 

possess (except for the purpose of 


lotter on DSK11XQN23PROD with RULES1
83840 Federal Register / Vol. 88, No. 230 / Friday, December 1, 2023 / Rules and Regulations 

continuous transit) or land halibut 

within the Arago Reef EFHCA. All 

fishing gear for targeting halibut must be 

stowed while transiting through the 

Arago Reef West EFCHA. 

(12) Bandon High Spot East EFHCA. 

EFHCAs are defined in the groundfish 

regulations at 50 CFR 660.70. It is 

unlawful for non-tribal commercial 

vessels operating in the directed halibut 

fishery in Area 2A to take and retain, 

possess (except for the purpose of 

continuous transit) or land halibut 

within the Bandon High Spot East 

EFHCA. All fishing gear for targeting 

halibut must be stowed while transiting 

through the Bandon High Spot East 

EFCHA. 

PART 660—FISHERIES OFF WEST 

COAST STATES 

■ 3. The authority citation for part 660 

continues to read as follows: 

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

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

Subpart C [Amended] 

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

references to ‘‘Cordell Banks’’ to read 

‘‘Cordell Bank’’. 

■ 5. Amend § 660.11 by: 

■ a. Adding in alphabetical order, the 

definitions for ‘‘Artificial lure’’ and 

‘‘Bait’’; 

■ b. In the definition for ‘‘Conservation 

area(s)’’: 

■ i. Revising paragraph (1) introductory 

text and paragraph (1)(i); 

■ ii. Redesignating paragraphs (1)(vi) 

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

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

■ c. Adding in alphabetical order the 

definition for ‘‘Weighted gear’’. 

The additions and revisions read as 

follows: 

§ 660.11 General definitions. 

* * * * * 

Artificial lure means any 

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

or flavor is added in the manufacturing 

process or added afterwards) device 

complete with hooks, intended to attract 

fish. Artificial lures include, but are not 

limited to: spoons, spinners, artificial 

flies, and plugs. Artificial lures are 

made of metal, plastic, wood, or other 

non-edible materials. 

Bait (natural or artificial) means any 

substance which attracts fish. Natural 

bait includes any natural biological 

substance used to attract or catch fish 

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

includes any manufactured device used 

to attract or catch fish. 

* * * * * 

Conservation area(s) * * * 

* * * * * 

(1) Groundfish Conservation Area or 

GCA means a conservation area created 

or modified and enforced to control 

catch of groundfish or protected species. 

Regulations at § 660.60(c)(3) describe 

the various purposes for which NMFS 

may implement certain types of GCAs 

through routine management measures. 

Regulations at § 660.70 further describe 

and define coordinates for certain GCAs, 

including: Yelloweye Rockfish 

Conservation Areas; Cowcod 

Conservation Areas; Groundfish 

Exclusion Areas; waters encircling the 

Farallon Islands; and waters encircling 

the Cordell Bank. GCAs also include 

closures bounded by the EEZ or depthbased lines approximating depth 

contours, including Bycatch Reduction 

Areas or BRAs, or bounded by depth 

contours and lines of latitude, including 

Block Area Closures, or BACs, and 

Rockfish Conservation Areas, or RCAs, 

which may be closed to fishing with 

particular gear types. BRA, BAC, and 

RCA boundaries may change seasonally 

according to conservation needs. 

Regulations at §§ 660.71 through 660.74, 

and § 660.76 define depth-based 

boundary lines with latitude/longitude 

coordinates that may be used to enact 

depth-based closures. Regulations in 

this section describe commonly used 

geographic coordinates that define lines 

of latitude. Fishing prohibitions 

associated with GCAs are in addition to 

those associated with other conservation 

areas. 

(i) Block Area Closures or BACs are 

bounded on the north and south by 

commonly used geographic coordinates 

defined in this section, and on the east 

and west by the EEZ, and boundary 

lines approximating depth contours, 

defined with latitude and longitude 

coordinates at §§ 660.71 through 660.74 

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

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

may be implemented or modified as 

routine management measures, per the 

provisions of § 660.60(c). BACs may be 

implemented to control catch of 

groundfish by vessels taking and 

retaining groundfish in the EEZ seaward 

of Washington, Oregon, and California 

for vessels using any gear type (trawl or 

non-trawl). BACs may be implemented 

to minimize bycatch of Chinook salmon 

and coho salmon by bottom trawl or 

midwater trawl vessels in the EEZ 

seaward of Oregon and California, and 

by midwater trawl vessels in the EEZ 

seaward of Washington, but shoreward 

of the boundary line approximating the 

250 fm (457 m) depth contour as 

defined in § 660.74. BACs may vary in 

their geographic boundaries, duration, 

and the gears to which they apply. Their 

geographic boundaries, applicable gear 

type(s) and/or specific fishery program, 

and effective dates will be announced in 

the Federal Register. BACs may be 

implemented within tribal Usual and 

Accustomed fishing areas but may only 

apply to non-tribal vessels. BACs may 

have a specific termination date as 

described in the Federal Register, or 

may be in effect until modified. BACs 

that are in effect until modified by 

NMFS are set out in the trip limit tables 

of subparts D through F of this part. 

* * * * * 

(vi) Groundfish Exclusion Areas or 

GEAs are closed areas intended to 

mitigate potential impacts to sensitive 

environments from certain groundfish 

fishing activity. GEAs may prohibit 

fishing by certain groundfish sectors or 

certain groundfish gear types. 

Geographic coordinates for GEAs are 

defined at § 660.70. 

* * * * * 

Weighted gear means any fishing gear 

that is combined with an object 

intended to make the bait, lure or hook 

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

■ 6. Amend § 660.12 by: 

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

(20); 

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

■ c. Adding new paragraph (a)(21). 

The additions read as follows: 

§ 660.12 General groundfish prohibitions. 

* * * * * 

(a) * * * 

(19) Fish for, take and retain, possess 

(except for the purpose of continuous 

transiting) or land any species of 

groundfish with groundfish non-trawl 

bottom contact gear (defined at § 660.11) 

in the following EFHCAs: Arago Reef 

West, Bandon High Spot East, Garibaldi 

Reef North, Garibaldi Reef South, and 

Nehalem Bank East. 

* * * * * 

(21) Fish for, take and retain, possess 

(except for the purpose of continuous 

transiting) or land any species of 

groundfish in a Block Area Closure 

enacted under subparts C through F of 

this part. 

* * * * * 

■ 7. Amend § 660.13 by: 

■ a. Revising paragraph (d)(4)(iv) 

introductory paragraph; 

■ b. Redesignating paragraphs 

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

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

■ c. Adding new paragraphs 

(d)(4)(iv)(A)(30) through (33) to read as 

follows: 

§ 660.13 Recordkeeping and reporting. 

* * * * * 


lotter on DSK11XQN23PROD with RULES1
Federal Register / Vol. 88, No. 230 / Friday, December 1, 2023 / Rules and Regulations 83841 

(d) * * * 

(4) * * * 

(iv) Declaration reports will include: 

The vessel name and/or identification 

number, gear type, and monitoring type 

where applicable, (as defined in 

paragraph (d)(4)(iv)(A) of this section). 

Upon receipt of a declaration report, 

NMFS will provide a confirmation code 

or receipt to confirm that a valid 

declaration report was received for the 

vessel. Retention of the confirmation 

code or receipt to verify that a valid 

declaration report was filed and the 

declaration requirement was met is the 

responsibility of the vessel owner or 

operator. Vessels using non-trawl gear 

may declare more than one gear type 

with the exception of vessels 

participating in the Shorebased IFQ 

Program (i.e., gear switching) and those 

vessels declaring to fish inside the NonTrawl RCA with non-bottom contact 

stationary vertical jig gear or groundfish 

troll gear (i.e., if one of these 

declarations is used, no other 

declaration may be made on that fishing 

trip); however, vessels using trawl gear 

may only declare one of the trawl gear 

types listed in paragraph (d)(4)(iv)(A) of 

this section on any trip and may not 

declare non-trawl gear on the same trip 

in which trawl gear is declared. 

(A) * * * 

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

gear (allowed inside or outside the 

nontrawl RCA) (declaration code 12); 

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

(allowed inside or outside the nontrawl 

RCA) (declaration code 13); 

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

contact stationary vertical jig gear 

(allowed inside or outside the nontrawl 

RCA) (declaration code 14); 

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

contact groundfish troll gear (allowed 

inside or outside the nontrawl RCA) 

(declaration code 15); 

* * * * * 

■ 8. Amend § 660.14 by: 

■ a. Revising paragraph (d)(4) 

introductory paragraph, and paragraphs 

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

■ b. Adding paragraphs (d)(4)(viii) 

through (ix). 

The revisions and additions read as 

follows: 

§ 660.14 Vessel Monitoring System (VMS) 

Requirements. 

* * * * * 

(d) * * * 

(4) VMS exemptions. A vessel that is 

required to operate and maintain the 

mobile transceiver unit continuously 24 

hours a day throughout the fishing year 

may be exempted from this requirement 

if a valid exemption report, as described 

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

received by NMFS OLE and the vessel 

is in compliance with all conditions and 

requirements of the VMS exemption 

identified in this section and specified 

in the exemption report. 

* * * * * 

(iii) Permit exemption. If the limited 

entry permit had a change in vessel 

registration so that it is no longer 

registered to the vessel (for the purposes 

of this section, this includes permits 

placed into ‘‘unidentified’’ status), the 

vessel may be exempted from VMS 

requirements providing the vessel is not 

used in a fishery requiring VMS off the 

States of Washington, Oregon or 

California (0–200 nm offshore) for the 

remainder of the fishing year. If the 

vessel is used to fish in this area for any 

species of fish at any time during the 

remaining portion of the fishing year 

without being registered to a limited 

entry permit, the vessel is required to 

have and use VMS. 

(iv) Long-term departure exemption. 

A vessel participating in the open access 

fishery that is required to have VMS 

under paragraph (b)(2) of this section 

may be exempted from VMS provisions 

after the end of the fishing year in 

which it used non-groundfish trawl 

gear, providing the vessel submits a 

completed exemption report signed by 

the vessel owner that includes a 

statement signed by the vessel owner 

indicating that the vessel will not use 

non-groundfish trawl gear to fish in the 

EEZ during the new fishing year. A 

vessel participating in the open access 

fishery that is required to have VMS 

under paragraph (b)(3) of this section 

also may be exempted from VMS 

provisions after the end of the fishing 

year in which it fished in the open 

access fishery, providing the vessel 

submits a completed exemption report 

signed by the vessel owner that includes 

a statement signed by the vessel owner 

indicating that the vessel will not be 

used to take and retain or possess 

groundfish in the EEZ or land 

groundfish taken in the EEZ during the 

new fishing year. 

(v) Maintenance Exemption. When it 

is anticipated that a vessel will be 

without power or in a maintenance 

condition for more than 4 consecutive 

hours, preventing operation of the 

vessel’s VMS unit, and if a valid 

exemption report has been received by 

NMFS OLE, electrical power to the VMS 

mobile transceiver unit may be removed 

and transmissions may be discontinued. 

Under this exemption, VMS 

transmissions can be discontinued from 

the time the vessel is in the 

maintenance condition until the time 

the maintenance is completed. 

(vi) Sale of Vessel Exemption. When 

a new vessel owner purchases a vessel 

with VMS and does not intend to 

participate in an activity requiring VMS, 

but the previous vessel owner had not 

received a VMS exemption prior to the 

sale, VMS transmissions may be 

discontinued by the new vessel owner. 

Under this exemption, VMS 

transmissions can be discontinued 

indefinitely, upon purchase of the 

vessel, and no subsequent VMS 

transmissions will be required unless 

the new vessel owner engages in an 

activity requiring VMS. 

(vii) Emergency exemption. Vessels 

required to have VMS under paragraph 

(b) of this section may be exempted 

from VMS provisions in emergency 

situations that are beyond the vessel 

owner’s control, including but not 

limited to: Fire, flooding, or extensive 

physical damage to critical areas of the 

vessel. A vessel owner may apply for an 

emergency exemption from the VMS 

requirements specified in paragraph (b) 

of this section for his/her vessel by 

sending a written request to NMFS OLE 

specifying the following information: 

The reasons for seeking an exemption, 

including any supporting documents 

(e.g., repair invoices, photographs 

showing damage to the vessel, insurance 

claim forms, etc.); the time period for 

which the exemption is requested; and 

the location of the vessel while the 

exemption is in effect. NMFS OLE will 

issue a written determination granting 

or denying the emergency exemption 

request. A vessel will not be covered by 

the emergency exemption until NMFS 

OLE issues a determination granting the 

exemption. If an exemption is granted, 

the duration of the exemption will be 

specified in the NMFS OLE 

determination. 

(viii) Submission of exemption 

reports. Signed long-term departure 

exemption reports must be submitted by 

fax or by emailing an electronic copy of 

the actual report. In the event of an 

emergency in which an emergency 

exemption request will be submitted, 

initial contact with NMFS OLE must be 

made by telephone, fax or email within 

24 hours from when the incident 

occurred. Emergency exemption 

requests must be requested in writing 

within 72 hours from when the incident 

occurred. Maintenance exemption 

requests must include signed written 

documentation of the work being done 

and the name of the company doing the 

work, if applicable. Sale of Vessel 

exemption requests must include 


lotter on DSK11XQN23PROD with RULES1
83842 Federal Register / Vol. 88, No. 230 / Friday, December 1, 2023 / Rules and Regulations 

documentation of purchase of the vessel 

by the new owner. Other exemption 

reports must be submitted through the 

VMS or another method that is 

approved by NMFS OLE and announced 

in the Federal Register. Submission 

methods for exemption requests, except 

maintenance, sale of vessel, long-term 

departures and emergency exemption 

requests, may include email, facsimile, 

or telephone. NMFS OLE will provide, 

through appropriate media, instructions 

to the public on submitting exemption 

reports. Instructions and other 

information needed to make exemption 

reports may be mailed to the vessel 

owner’s address of record. NMFS will 

bear no responsibility if a notification is 

sent to the address of record for the 

vessel owner and is not received 

because the vessel owner’s actual 

address has changed without 

notification to NMFS. Owners of vessels 

required to use VMS who do not receive 

instructions by mail are responsible for 

contacting NMFS OLE during business 

hours at least 3 days before the 

exemption is required to be submitted to 

obtain information needed to make 

exemption reports. NMFS OLE must be 

contacted during business hours 

(Monday through Friday between 0800 

and 1700 Pacific Time). 

(ix) Valid exemption reports. For an 

exemption report to be valid, it must be 

received by NMFS at least 2 hours and 

not more than 24 hours before the 

exempted activities defined at 

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

section occur. An exemption report is 

valid until NMFS receives a report 

canceling the exemption. An exemption 

cancellation must be received at least 2 

hours before the vessel re-enters the EEZ 

following an outside areas exemption; at 

least 2 hours before the vessel is placed 

back in the water following a haul out 

exemption; at least 2 hours before the 

vessel operates following a maintenance 

exemption; at least 2 hours before the 

vessel resumes fishing for a species of 

fish or with gear requiring VMS in state 

or Federal waters off the States of 

Washington, Oregon, or California after 

it has received a permit exemption; or 

at least 2 hours before a vessel resumes 

fishing in the open access fishery after 

a long-term departure exemption. If a 

vessel is required to submit an 

activation report under paragraph 

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

to fish, that report may substitute for the 

exemption cancellation. Initial contact 

must be made with NMFS OLE not more 

than 24 hours after the time that an 

emergency situation occurred in which 

VMS transmissions were disrupted and 

followed by a written emergency 

exemption request within 72 hours from 

when the incident occurred. If the 

emergency situation upon which an 

emergency exemption is based is 

resolved before the exemption expires, 

an exemption cancellation must be 

received by NMFS at least 2 hours 

before the vessel resumes fishing. 

* * * * * 

■ 9. Amend § 660.60 by revising 

paragraphs (c)(3)(i) introductory 

paragraph, (c)(3)(i)(C), and (h)(7)(ii)(A) 

to read as follows: 

§ 660.60 Specifications and management 

measures. 

* * * * * 

(c) * * * 

(3) * * * 

(i) Depth-based management 

measures. Depth-based management 

measures, particularly closed areas 

known as Groundfish Conservation 

Areas, defined in § 660.11, include 

RCAs, BRAs, and BACs, and may be 

implemented in any fishery sector 

and/or for any gear type that takes 

groundfish directly or incidentally. 

Depth-based management measures are 

set using specific boundary lines that 

approximate depth contours with 

latitude/longitude waypoints found at 

§§ 660.70 through 660.74 and 660.76 or 

the EEZ. Depth-based management 

measures and closed areas may be used 

for the following conservation 

objectives: To protect and rebuild 

overfished or rebuilding stocks; to 

prevent the overfishing of any 

groundfish species by minimizing the 

direct or incidental catch of that species; 

or to minimize the incidental harvest of 

any protected or prohibited species 

taken in the groundfish fishery. Depthbased management measures and closed 

areas may be used for the following 

economic objectives: To extend the 

fishing season; for the commercial 

fisheries, to minimize disruption of 

traditional fishing and marketing 

patterns; for the recreational fisheries, to 

spread the available catch over a large 

number of anglers; to discourage target 

fishing while allowing small incidental 

catches to be landed; and to allow small 

fisheries to operate outside the normal 

season. 

* * * * * 

(C) Block Area Closures. BACs, as 

defined at § 660.11, may be closed or 

reopened, in the EEZ off Washington, 

Oregon, and California, for vessels 

taking and retaining groundfish using 

any gear (trawl or non-trawl) in the EEZ 

consistent with the purposes described 

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

* * * * * 

(h) * * * 

(7) * * * 

(ii) * * * 

(A) Fishing in limited entry and open 

access fisheries with different trip limits. 

Open access trip limits apply to any 

fishing conducted with open access 

gear, even if the vessel has a valid 

limited entry permit with an 

endorsement for another type of gear. A 

vessel that fishes in both the open 

access and limited entry fisheries is not 

entitled to two separate trip limits for 

the same species. If a vessel has a 

limited entry permit registered to it at 

any time during the trip limit period 

and uses open access gear, but the open 

access limit is smaller than the limited 

entry limit, the open access limit may 

not be exceeded and counts toward the 

limited entry allocation as established 

under the biennial groundfish harvest 

specifications. If a vessel has a limited 

entry permit registered to it at any time 

during the trip limit period and uses 

open access gear, but the open access 

limit is larger than the limited entry 

limit, the smaller limited entry limit 

applies, even if taken entirely with open 

access gear. These provisions do not 

apply to: 

(1) IFQ species (defined at 

§ 660.140(c)) for vessels that are 

declared into the Shorebased IFQ 

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

valid Shorebased IFQ Program 

declarations). 

(2) Vessels with a valid limited entry 

permit endorsed for longline and/or pot 

gear fishing inside the nontrawl RCA 

with stationary vertical jig gear or 

groundfish troll gear as defined at 

§ 660.320(b)(6). Vessels fishing with one 

of these two approved hook-and-line 

gear configurations may fish up to the 

limited entry fixed gear trip limits in 

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

subpart E, either inside or outside the 

nontrawl RCA. This provision only 

applies on fishing trips where the vessel 

made the appropriate declaration 

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

* * * * * 

■ 10. Amend § 660.70 by revising 

paragraphs (g) through (q) and adding 

paragraphs (r) through (v) to read as 

follows: 

§ 660.70 Groundfish Conservation areas. 

* * * * * 

(g) Tillamook YRCA. The Tillamook 

YRCA is an area off northern Oregon 

intended to protect yelloweye rockfish. 

The Tillamook YRCA is defined by 

straight lines connecting the following 

specific latitude and longitude 

coordinates in the order listed: 

(1) 45°40.96′ N lat.; 124°27.52′ W 

long.; 


lotter on DSK11XQN23PROD with RULES1
Federal Register / Vol. 88, No. 230 / Friday, December 1, 2023 / Rules and Regulations 83843 

(2) 45°40.96′ N lat.; 124°19.99′ W 

long.; 

(3) 45°34.44′ N lat.; 124°14.48′ W 

long.; 

(4) 45°31.93′ N lat.; 124°14.05′ W 

long.; 

(5) 45°31.84′ N lat.; 124°22.04′ W 

long.; 

(6) 45°36.95′ N lat.; 124°24.45′ W 

long.; 

(7) 45°38.89′ N lat.; 124°25.92′ W 

long.; and connecting back to 45°40.96′ 

N lat.; 124°27.52′ W long. 

(h) Newport YRCA. The Newport 

YRCA is an area off central Oregon 

intended to protect yelloweye rockfish. 

The Newport YRCA is defined by 

straight lines connecting the following 

specific latitude and longitude 

coordinates in the order listed: 

(1) 44°46.00′ N lat.; 124°32.57′ W 

long.; 

(2) 44°46.00′ N lat.; 124°32.00′ W 

long.; 

(3) 44°42.00′ N lat.; 124°30.00′ W 

long.; 

(4) 44°39.00′ N lat.; 124°30.00′ W 

long.; 

(5) 44°39.00′ N lat.; 124°34.00′ W 

long.; 

(6) 44°43.16′ N lat.; 124°34.00′ W 

long.; 

(7) 44°44.54′ N lat.; 124°33.58′ W 

long.; and connecting back to 44°46.00′ 

N lat.; 124°32.57′ W long. 

(i) Stonewall Bank Yelloweye 

Rockfish Conservation Area. The 

Stonewall Bank YRCA is an area off 

central Oregon, near Stonewall Bank, 

intended to protect yelloweye rockfish. 

The Stonewall Bank YRCA is defined by 

straight lines connecting the following 

specific latitude and longitude 

coordinates in the order listed: 

(1) 44°37.46′ N lat.; 124°24.92′ W 

long.; 

(2) 44°37.46′ N lat.; 124°23.63′ W 

long.; 

(3) 44°28.71′ N lat.; 124°21.80′ W 

long.; 

(4) 44°28.71′ N lat.; 124°24.10′ W 

long.; 

(5) 44°31.42′ N lat.; 124°25.47′ W 

long.; and connecting back to 44°37.46′ 

N lat.; 124°24.92′ W long. 

(j) Stonewall Bank Yelloweye Rockfish 

Conservation Area, Expansion 1. The 

Stonewall Bank Yelloweye Rockfish 

Conservation Area (YRCA) Expansion 1 

is an area off central Oregon, near 

Stonewall Bank, intended to protect 

yelloweye rockfish. The Stonewall Bank 

YRCA Expansion 1 is defined by 

straight lines connecting the following 

specific latitude and longitude 

coordinates in the order listed: 

(1) 44°41.76′ N lat.; 124°30.02′ W 

long.; 

(2) 44°41.73′ N lat.; 124°21.60′ W 

long.; 

(3) 44°25.25′ N lat.; 124°16.94′ W 

long.; 

(4) 44°25.29′ N lat.; 124°30.14′ W 

long.; 

(5) 44°41.76′ N lat.; 124°30.02′ W 

long.; and connecting back to 44°41.76′ 

N lat.; 124°30.02′ W long. 

(k) Stonewall Bank Yelloweye 

Rockfish Conservation Area, Expansion 

2. The Stonewall Bank Yelloweye 

Rockfish Conservation Area (YRCA) 

Expansion 2 is an area off central 

Oregon, near Stonewall Bank, intended 

to protect yelloweye rockfish. The 

Stonewall Bank YRCA Expansion 2 is 

defined by straight lines connecting the 

following specific latitude and 

longitude coordinates in the order 

listed: 

(1) 44°38.54′ N lat.; 124°27.41′ W 

long.; 

(2) 44°38.54′ N lat.; 124°23.86′ W 

long.; 

(3) 44°27.13′ N lat.; 124°21.50′ W 

long.; 

(4) 44°27.13′ N lat.; 124°26.89′ W 

long.; 

(5) 44°31.30′ N lat.; 124°28.35′ W 

long.; and connecting back to 44°38.54′ 

N lat.; 124°27.41′ W long. 

(l) Florence YRCA. The Florence 

YRCA is an area off central Oregon 

intended to protect yelloweye rockfish. 

The Florence YRCA is defined by 

straight lines connecting the following 

specific latitude and longitude 

coordinates in order listed: 

(1) 44°30.04′ N lat.; 124°42.31′ W 

long.; 

(2) 44°30.19′ N lat.; 124°40.46′ W 

long.; 

(3) 44°25.00′ N lat.; 124°37.00′ W 

long.; 

(4) 44°25.00′ N lat.; 124°45.00′ W 

long.; 

(5) 44°26.71′ N lat.; 124°45.00′ W 

long.; and connecting back to 44°30.04′ 

N lat.; 124°42.31′ W long. 

(m)Heceta Bank YRCA. The Heceta 

Bank YRCA is an area off central Oregon 

intended to protect yelloweye rockfish. 

The Heceta Bank YRCA is defined by 

straight lines connecting the following 

specific latitude and longitude 

coordinates in order listed: 

(1) 44°16.28′ N lat., 124°47.86′ W 

long.; 

(2) 44°15.38′ N lat., 124°49.86′ W 

long.; 

(3) 44°14.49′ N lat., 124°51.82′ W 

long.; 

(4) 44°14.01′ N lat., 124°52.88′ W 

long.; 

(5) 44°13.47′ N lat., 124°54.08′ W 

long.; 

(6) 44°12.72′ N lat., 124°54.07′ W 

long.; 

(7) 44°11.53′ N lat., 124°54.06′ W 

long.; 

(8) 44°08.72′ N lat., 124°54.02′ W 

long.; 

(9) 44°06.68′ N lat., 124°54.00′ W 

long.; 

(10) 44°05.34′ N lat., 124°53.10′ W 

long.; 

(11) 44°02.88′ N lat., 124°53.96′ W 

long.; 

(12) 44°02.18′ N lat., 124°54.29′ W 

long.; 

(13) 44°00.14′ N lat., 124°55.25′ W 

long.; 

(14) 43°58.36′ N lat., 124°55.42′ W 

long.; 

(15) 43°57.68′ N lat., 124°55.48′ W 

long.; 

(16) 43°56.66′ N lat., 124°55.45′ W 

long.; 

(17) 43°56.65′ N lat., 124°55.49′ W 

long.; 

(18) 43°56.64′ N lat., 124°56.53′ W 

long.; 

(19) 43°56.74′ N lat., 124°56.74′ W 

long.; 

(20) 43°59.18′ N lat., 124°56.94′ W 

long.; 

(21) 44°00.45′ N lat., 124°56.35′ W 

long.; 

(22) 44°02.34′ N lat., 124°55.49′ W 

long.; 

(23) 44°04.81′ N lat., 124°55.65′ W 

long.; 

(24) 44°06.45′ N lat., 124°55.78′ W 

long.; 

(25) 44°08.47′ N lat., 124°55.93′ W 

long.; 

(26) 44°09.85′ N lat., 124°56.04′ W 

long.; 

(27) 44°11.34′ N lat., 124°56.16′ W 

long.; 

(28) 44°12.92′ N lat., 124°56.28′ W 

long.; 

(29) 44°14.06′ N lat., 124°55.10′ W 

long.; 

(30) 44°15.32′ N lat., 124°53.79′ W 

long.; 

(31) 44°16.90′ N lat., 124°52.16′ W 

long.; 

(32) 44°16.96′ N lat., 124°52.11′ W 

long.; 

(33) 44°16.96′ N lat., 124°51.95′ W 

long.; 

(34) 44°17.02′ N lat., 124°48.02′ W 

long.; 

(35) 44°17.02′ N lat., 124°47.47′ W 

long.; and connecting back to 44°16.28′ 

N lat., 124°47.86′ W long. 

(n) Point St. George YRCA. The Point 

St. George YRCA is an area off the 

northern California coast, northwest of 

Point St. George, intended to protect 

yelloweye rockfish. The Point St. George 

YRCA is defined by straight lines 

connecting the following specific 

latitude and longitude coordinates in 

the order listed: 

(1) 41°51.00′ N lat., 124°23.75′ W 

long.; 

(2) 41°51.00′ N lat., 124°20.75′ W 

long.; 


lotter on DSK11XQN23PROD with RULES1
83844 Federal Register / Vol. 88, No. 230 / Friday, December 1, 2023 / Rules and Regulations 

(3) 41°48.00′ N lat., 124°20.75′ W 

long.; 

(4) 41°48.00′ N lat., 124°23.75′ W 

long.; and connecting back to 41°51.00′ 

N lat., 124°23.75′ W long. 

(o) South Reef YRCA. The South Reef 

YRCA is an area off the northern 

California coast, southwest of Crescent 

City, intended to protect yelloweye 

rockfish. The South Reef YRCA is 

defined by straight lines connecting the 

following specific latitude and 

longitude coordinates in the order 

listed: 

(1) 41°42.20′ N lat., 124°16.00′ W 

long.; 

(2) 41°42.20′ N lat., 124°13.80′ W 

long.; 

(3) 41°40.50′ N lat., 124°13.80′ W 

long.; 

(4) 41°40.50′ N lat., 124°16.00′ W 

long.; and connecting back to 41°42.20′ 

N lat., 124°16.00′ W long. 

(p) Reading Rock YRCA. The Reading 

Rock YRCA is an area off the northern 

California coast, between Crescent City 

and Eureka, intended to protect 

yelloweye rockfish. The Reading Rock 

YRCA is defined by straight lines 

connecting the following specific 

latitude and longitude coordinates in 

the order listed: 

(1) 41°21.50′ N lat., 124°12.00′ W 

long.; 

(2) 41°21.50′ N lat., 124°10.00′ W 

long.; 

(3) 41°20.00′ N lat., 124°10.00′ W 

long.; 

(4) 41°20.00′ N lat., 124°12.00′ W 

long.; and connecting back to 41°21.50′ 

N lat., 124°12.00′ W long. 

(q) Point Delgada YRCAs. The Point 

Delgada YRCAs are two areas off the 

northern California coast, south of Point 

Delgada and Shelter Cove, intended to 

protect yelloweye rockfish. The 

Northern Point Delgada YRCA is 

defined by straight lines connecting the 

following specific latitude and 

longitude coordinates in the order 

listed: 

(1) 39°59.00′ N lat., 124°05.00′ W 

long.; 

(2) 39°59.00′ N lat., 124°03.00′ W 

long.; 

(3) 39°57.00′ N lat., 124°03.00′ W 

long.; 

(4) 39°57.00′ N lat., 124°05.00′ W 

long.; and connecting back to 39°59.00′ 

N lat., 124°05.00′ W long. 

(r) Southern Point Delgada YRCA. 

The Southern Point Delgada YRCA is 

defined by straight lines connecting the 

following specific latitude and 

longitude coordinates in the order 

listed: 

(1) 39°57.00′ N lat., 124°05.00′ W 

long.; 

(2) 39°57.00′ N lat., 124°02.00′ W 

long.; 

(3) 39°54.00′ N lat., 124°02.00′ W 

long.; 

(4) 39°54.00′ N lat., 124°05.00′ W 

long.; and connecting back to 39°57.00′ 

N lat., 124°05.00′ W long. 

(s) Cowcod Conservation Areas. The 

Cowcod Conservation Areas (CCAs) are 

two areas off the southern California 

coast intended to protect cowcod. 

(1) Western CCA. The Western CCA is 

an area south of Point Conception 

defined by the straight lines connecting 

the following specific latitude and 

longitude coordinates in the order listed 

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

119°30.00′ W long.: 

(i) 33°50.00′ N lat., 119°30.00′ W 

long.; 

(ii) 33°50.00′ N lat., 118°50.00′ W 

long.; 

(iii) 32°20.00′ N lat., 118°50.00′ W 

long.; 

(iv) 32°20.00′ N lat., 119°37.00′ W 

long.; 

(v) 33°00.00′ N lat., 119°37.00′ W 

long.; 

(vi) 33°00.00′ N lat., 119°53.00′ W 

long.; 

(vii) 33°33.00′ N lat., 119°53.00′ W 

long.; and 

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

long. 

(2) Transit corridor. The Western CCA 

transit corridor is bounded on the north 

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

and bounded on the south by the 

latitude line at 32°59.50′ N lat. 

(3) Eastern CCA. The Eastern CCA is 

an area west of San Diego defined by the 

straight lines connecting the following 

specific latitude and longitude 

coordinates in the order listed and 

connecting back to 32°42.00′ N lat., 

118°02.00′ W long.: 

(i) 32°42.00′ N lat., 118°02.00′ W 

long.; 

(ii) 32°42.00′ N lat., 117°50.00′ W 

long.; 

(iii) 32°36.70′ N lat., 117°50.00′ W 

long.; 

(iv) 32°30.00′ N lat., 117°53.50′ W 

long.; and 

(v) 32°30.00′ N lat., 118°02.00′ W 

long. 

(t) Groundfish Exclusion Areas. The 

Groundfish Exclusion Areas (GEAs) are 

eight areas south of Point Conception 

intended to protect sensitive areas, 

including areas with coral and sea pens. 

(1) Hidden Reef. The Hidden Reef 

GEA is defined by the straight lines 

connecting the following specific 

latitude and longitude coordinates in 

the order listed and connecting back to 

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

(i) 33°46.14′ N lat., 119°10.45′ W 

long.; 

(ii) 33°46.14′ N lat., 119°05.96′ W 

long.; 

(iii) 33°41.40′ N lat., 119°05.96′ W 

long.; and 

(iv) 33°41.40′ N lat., 119°10.45′ W 

long. 

(2) West of Santa Barbara Island. The 

West of Santa Barbara Island GEA is 

defined by the straight lines connecting 

the following specific latitude and 

longitude coordinates in the order listed 

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

119°18.54′ W long.: 

(i) 33°33.64′ N lat., 119°18.54′ W 

long.; 

(ii) 33°33.64′ N lat., 119°07.57′ W 

long.; 

(iii) 33°27.90′ N lat., 119°07.57′ W 

long; and 

(iv) 33°27.90′ N lat., 119°18.54′ W 

long. 

(3) Potato Bank. The Potato Bank GEA 

is defined by the straight lines 

connecting the following specific 

latitude and longitude coordinates in 

the order listed and connecting back to 

33°21.00′ N lat., 119°53.00′ W long.: 

(i) 33°21.00′ N lat., 119°53.00′ W 

long.; 

(ii) 33°21.00′ N lat., 119°45.67′ W 

long.; 

(iii) 33°11.00′ N lat., 119°45.67′ W 

long.; and 

(iv) 33°11.00′ N lat., 119°53.00′ W 

long. 

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

GEA is defined by the straight lines 

connecting the following specific 

latitude and longitude coordinates in 

the order listed and connecting back to 

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

(i) 33°05.51′ N lat., 119°41.29′ W 

long.; 

(ii) 33°08.64′ N lat., 119°36.71′ W 

long.; 

(iii) 33°03.50′ N lat., 119°31.69′ W 

long.; and 

(iv) 33°00.36′ N lat., 119°36.27′ W 

long. 

(5) Cherry Bank. The Cherry Bank 

GEA is defined by the straight lines 

connecting the following specific 

latitude and longitude coordinates in 

the order listed and connecting back to 

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

(i) 32°50.86′ N lat., 119°29.40′ W 

long.; 

(ii) 32°56.96′ N lat., 119°19.82′ W 

long.; 

(iii) 32°54.69′ N lat., 119°17.78′ W 

long.; and 

(iv) 32°48.59′ N lat., 119°27.35′ W 

long. 

(6) Seamount 109. The Seamount 109 

GEA is defined by the straight lines 

connecting the following specific 

latitude and longitude coordinates in 

the order listed and connecting back to 

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

(i) 32°43.75′ N lat., 119°37.00′ W 

long.; 


lotter on DSK11XQN23PROD with RULES1
Federal Register / Vol. 88, No. 230 / Friday, December 1, 2023 / Rules and Regulations 83845 

(ii) 32°43.75′ N lat., 119°34.29′ W 

long.; 

(iii) 32°31.95′ N lat., 119°26.94′ W 

long.; 

(iv) 32°30.47′ N lat., 119°29.71′ W 

long.; and 

(v) 32°39.54′ N lat., 119°37.00′ W 

long. 

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

Spot GEA is defined by the straight lines 

connecting the following specific 

latitude and longitude coordinates in 

the order listed and connecting back to 

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

(i) 32°42.00′ N lat., 118°00.05′ W 

long.; 

(ii) 32°42.00′ N lat., 117°50.00′ W 

long.; 

(iii) 32°36.70′ N lat., 117°50.00′ W 

long.; 

(iv) 32°36.18′ N lat., 117°50.27′ W 

long.; and 

(v) 32°36.18′ N lat., 118°00.05′ W 

long. 

(8) Northeast Bank. The Northeast 

Bank GEA is defined by the straight 

lines connecting the following specific 

latitude and longitude coordinates in 

the order listed and connecting back to 

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

(i) 32°27.39′ N lat., 119°37.00′ W 

long.; 

(ii) 32°27.39′ N lat., 119°31.60′ W 

long.; 

(iii) 32°20.00′ N lat., 119°31.60′ W 

long.; and 

(iv) 32°20.00′ N lat., 119°37.00′ W 

long. 

(u) Farallon Islands. The Farallon 

Islands, off San Francisco and San 

Mateo Counties, include Southeast 

Farallon Island, Middle Farallon Island, 

North Farallon Island and Noon Day 

Rock. Generally, the State of California 

prohibits fishing for groundfish between 

the shoreline and the 10–fm (18–m) 

depth contour around the Farallon 

Islands. 

(v) Cordell Bank. Cordell Bank is 

located offshore of California’s Marin 

County. Generally, fishing for 

groundfish is prohibited within Cordell 

Bank as defined by specific latitude and 

longitude coordinates. The Cordell Bank 

closed area is defined by straight lines 

connecting the following specific 

latitude and longitude coordinates in 

the order listed: 

(1) 38°03.18′ N lat., 123°20.77′ W 

long.; 

(2) 38°06.29′ N lat., 123°25.03′ W 

long.; 

(3) 38°06.34′ N lat., 123°29.32′ W 

long.; 

(4) 38°04.57′ N lat., 123°31.30′ W 

long.; 

(5) 38°02.32′ N lat., 123°31.07′ W 

long.; 

(6) 38°00.00′ N lat., 123°28.40′ W 

long.; 

(7) 37°58.10′ N lat., 123°26.66′ W 

long.; 

(8) 37°55.07′ N lat., 123°26.81′ W 

long.; 

(9) 38°00.00′ N lat., 123°23.08′ W 

long.; and connecting back to 38°03.18′ 

N lat., 123°20.77′ W long. 

■ 11. Amend § 660.72 by: 

■ a. Redesignating paragraphs (j) 

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

■ b. Redesignating paragraphs (f) 

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

■ c. Adding new paragraphs (f) through 

(i); 

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

■ e. Revising newly redesignated 

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

(186); 

■ f. Adding new paragraphs (v) through 

(y). 

The revisions and additions read as 

follows: 

§ 660.72 Latitude/longitude coordinates 

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

m) depth contours. 

* * * * * 

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

around Santa Barbara Island off the 

State of California is defined by straight 

lines connecting all of the following 

points in the order stated: 

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

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

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

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

(5) 33°28.82′ N lat., 118°59.42′ W 

long.; 

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

and 

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

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

around Tanner Bank off the State of 

California is defined by straight lines 

connecting all of the following points in 

the order stated: 

(1) 32°45.53′ N lat., 119°13.28′ W 

long.; 

(2) 32°43.98′ N lat., 119°15.05′ W 

long.; 

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

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

(5) 32°45.02′ N lat., 119°11.08′ W 

long.; and 

(6) 32°45.53′ N lat., 119°13.28′ W 

long. 

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

around San Nicholas Island off the State 

of California is defined by straight lines 

connecting all of the following points in 

the order stated: 

(1) 33°22.14′ N lat., 119°42.12′ W 

long.; 

(2) 33°17.68′ N lat., 119°43.24′ W 

long.; 

(3) 33°15.29′ N lat., 119°39.32′ W 

long.; 

(4) 33°11.98′ N lat., 119°29.64′ W 

long.; 

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

(6) 33°12.99′ N lat., 119°16.36′ W 

long.; 

(7) 33°14.43′ N lat., 119°17.42′ W 

long.; 

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

(9) 33°20.73′ N lat., 119° 27.33′ W 

long.; and 

(10) 33° 22.14′ N lat., 119°42.12′ W 

long. 

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

around Cortes Bank off the State of 

California is defined by straight lines 

connecting all of the following points in 

the order stated: 

(1) 32°35.89′ N lat., 119°18.39′ W 

long.; 

(2) 32°31.93′ N lat., 119°20.54′ W 

long.; 

(3) 32°29.47′ N lat., 119°14.81′ W 

long.; 

(4) 32°28.14′ N lat., 119°14.94′ W 

long.; 

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

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

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

and 

(8) 32°35.89′ N lat., 119°18.39′ W 

long. 

* * * * * 

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

around Santa Barbara Island off the 

State of California is defined by straight 

lines connecting all of the following 

points in the order stated: 

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

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

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

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

(5) 33°28.86′ N lat., 118°59.31′ W 

long.; 

(6) 33°30.82′ N lat., 119° 0.97′ W 

long.; and 

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

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

around Tanner Bank off the State of 

California is defined by straight lines 

connecting all of the following points in 

the order stated: 

(1) 32°45.65′ N lat., 119°13.29′ W 

long.; 

(2) 32°44.21′ N lat., 119°15.68′ W 

long.; 

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

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

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

and 

(6) 32°45.65′ N lat., 119°13.29′ W 

long. 

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

around San Nicholas Island off the State 

of California is defined by straight lines 

connecting all of the following points in 

the order stated: 

(1) 33°26.41′ N lat., 119°39.84′ W 

long.; 

(2) 33°22.94′ N lat., 119°47.34′ W 

long.; 


lotter on DSK11XQN23PROD with RULES1
83846 Federal Register / Vol. 88, No. 230 / Friday, December 1, 2023 / Rules and Regulations 

(3) 33°16.39′ N lat., 119°42.64′ W 

long.; 

(4) 33°11.86′ N lat., 119°29.61′ W 

long.; 

(5) 33°11.52′ N lat., 119°27.25′ W 

long.; 

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

(7) 33°14.48′ N lat., 119°17.42′ W 

long.; 

(8) 33°17.23′ N lat., 119°23.14′ W 

long.; 

(9) 33°21.21′ N lat., 119°27.84′ W 

long.; 

(10) 33°22.65′ N lat., 119°34.31′ W 

long.; and 

(11) 33°26.41′ N lat., 119°39.84′ W 

long. 

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

around Cortes Bank off the State of 

California is defined by straight lines 

connecting all of the following points in 

the order stated: 

(1) 32°36.79′ N lat., 119°18.81′ W 

long.; 

(2) 32°31.94′ N lat., 119°20.75′ W 

long.; 

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

(4) 32°27.95′ N lat., 119°15.12′ W 

long.; 

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

(6) 32°24.46′ N lat., 118°59.56′ W 

long.; 

(7) 32°25.42′ N lat., 118°59.42′ W 

long.; 

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

and 

(9) 32°36.79′ N lat., 119°18.81′ W 

long. 

(r) * * * 

(139) 38°04.16′ N lat., 123°19.05′ W 

long.; 

(140) 38°03.18′ N lat., 123°20.77′ W 

long.; 

(141) 38°00.00′ N lat., 123°23.08′ W 

long.; 

(142) 37°55.07′ N lat., 123°26.81′ W 

long.; 

* * * * * 

(186) 36°10.28′ N lat., 121°43.06′ W 

long.; 

* * * * * 

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

around Santa Barbara Island off the 

State of California is defined by straight 

lines connecting all of the following 

points in the order stated: 

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

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

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

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

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

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

(7) 33°28.85′ N lat., 118°59.21′ W 

long.; 

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

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

and 

(10) 33°33.58′ N lat., 119°4.84′ W 

long. 

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

around Tanner Bank off the State of 

California is defined by straight lines 

connecting all of the following points in 

the order stated: 

(1) 32°45.66′ N lat., 119°14.45′ W 

long.; 

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

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

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

(5) 32°45.77′ N lat., 119°11.93′ W 

long.; and 

(6) 32°45.66′ N lat., 119°14.45′ W 

long. 

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

around San Nicholas Island off the State 

of California is defined by straight lines 

connecting all of the following points in 

the order stated: 

(1) 33°30.94′ N lat., 119°45.06′ W 

long.; 

(2) 33°28.59′ N lat., 119° 52.02′ W 

long.; 

(3) 33°16.05′ N lat., 119°43.86′ W 

long.; 

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

(5) 33°11.71′ N lat., 119°29.48′ W 

long.; 

(6) 33°11.39′ N lat., 119°26.58′ W 

long.; 

(7) 33°12.96′ N lat., 119°16.23′ W 

long.; 

(8) 33°14.52′ N lat., 119°17.42′ W 

long.; 

(9) 33°17.24′ N lat., 119°23.09′ W 

long.; 

(10) 33°21.24′ N lat., 119°27.83′ W 

long.; 

(11) 33°22.71′ N lat., 119°33.54′ W 

long.; and 

(12) 33°30.94′ N lat., 119°45.06′ W 

long. 

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

around Cortes Bank off the State of 

California is defined by straight lines 

connecting all of the following points in 

the order stated: 

(1) 32°37.38′ N lat., 119°19.45′ W 

long.; 

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

(3) 32°29.52′ N lat.; 119°15.94′ W 

long.; 

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

(5) 32°29.24′ N lat.; 119°15.09′ W 

long.; 

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

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

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

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

and 

(10) 32°37.38′ N lat., 119°19.45′ W 

long. 

■ 12. Amend § 660.73 by: 

■ a. Redesignating paragraphs (i) 

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

■ b. Redesignating paragraphs (e) 

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

■ c. Adding new paragraphs (e) through 

(h); 

■ d. Adding new paragraphs (m) 

through (o); and 

■ e. Adding new paragraphs (u) through 

(y). 

The revisions and additions read as 

follows: 

§ 660.73 Latitude/longitude coordinates 

defining the 100 fm (183 m) through 150 fm 

(274 m) depth contours. 

* * * * * 

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

around Santa Barbara Island off the 

State of California is defined by straight 

lines connecting all of the following 

points in the order stated: 

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

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

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

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

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

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

(7) 33°27.07′ N lat., 118°59.96′ W 

long.; 

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

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

(10) 33°31.99′ N lat., 119°2.86′ W 

long.; and 

(11) 33°33.85′ N lat., 119°4.87′ W 

long. 

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

around Tanner Bank off the State of 

California is defined by straight lines 

connecting all of the following points in 

the order stated: 

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

(2) 32°44.34′ N lat., 119°16.43′ W 

long.; 

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

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

(5) 32° 45.85′ N lat., 119°10.62′ W 

long.; and 

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

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

around San Nicholas Island off the State 

of California is defined by straight lines 

connecting all of the following points in 

the order stated: 

(1) 33°31.37′ N lat., 119°44.84′ W 

long.; 

(2) 33°28.82′ N lat., 119°52.19′ W 

long.; 

(3) 33°25.43′ N lat., 119°51.27′ W 

long.; 

(4) 33°18.01′ N lat., 119°47.18′ W 

long.; 

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

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

(7) 33°11.56′ N lat., 119°29.58′ W 

long.; 

(8) 33°11.28′ N lat., 119°26.54′ W 

long.; 

(9) 33°12.94′ N lat., 119°15.86′ W 

long.; 

(10) 33°14.48′ N lat., 119°16.97′ W 

long.; 

(11) 33°17.33′ N lat., 119°22.93′ W 

long.; 

(12) 33°21.28′ lat., 119°27.66′ W long.; 


lotter on DSK11XQN23PROD with RULES1
Federal Register / Vol. 88, No. 230 / Friday, December 1, 2023 / Rules and Regulations 83847 

(13) 33°23.38′ N lat., 119°33.29′ W 

long.; and 

(14) 33°31.37′ N lat., 119°44.84′ W 

long. 

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

around Cortes Bank off the State of 

California is defined by straight lines 

connecting all of the following points in 

the order stated: 

(1) 32°37.79′ N lat., 119°19.68′ W 

long.; 

(2) 32°36.19′ N lat., 119°21.84′ W 

long.; 

(3) 32°33.16′ N lat., 119°21.76′ W 

long.; 

(4) 32°30.92′ N lat., 119°20.46′ W 

long.; 

(5) 32°29.25′ N lat., 119°15.93′ W 

long.; 

(6) 32°29.44′ N lat., 119°15.44′ W 

long.; 

(7) 32°29.23′ N lat., 119°15.23′ W 

long.; 

(8) 32°27.48′ N lat., 119°15.56′ W 

long.; 

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

(10) 32°22.94′ N lat., 118°57.58′ W 

long.; 

(11) 32°24.47′ N lat., 118°57.61′ W 

long.; 

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

and 

(13) 32°37.79′ N lat., 119°19.68′ W 

long. 

* * * * * 

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

around Santa Barbara Island off the 

State of California is defined by straight 

lines connecting all of the following 

points in the order stated: 

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

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

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

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

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

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

(7) 33°27.01′ N lat., 118°59.73′ W 

long.; 

(8) 33°28.68′ N lat., 118°58.43′ W 

long.; 

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

(10) 33°32.04′ N lat., 119° 2.77′ W 

long.; and 

(11) 33°33.96′ N lat., 119° 4.88′ W 

long. 

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

around Tanner Bank and Cortes Bank 

off the State of California is defined by 

straight lines connecting all of the 

following points in the order stated: 

(1) 32°46.01′ N lat., 119°14.63′ W 

long.; 

(2) 32°44.35′ N lat., 119°16.58′ W 

long.; 

(3) 32°40.85′ N lat., 119°11.61′ W 

long.; 

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

(5) 32°41.32′ N lat., 119°18.11′ W 

long.; 

(6) 32°36.16′ N lat., 119°22.16′ W 

long.; 

(7) 32°33.09′ N lat., 119°21.89′ W 

long.; 

(8) 32°30.73′ N lat., 119°20.43′ W 

long.; 

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

(10) 32°27.46′ N lat., 119°15.62′ W 

long.; 

(11) 32°24.58′ N lat., 119°9.83′ W 

long.; 

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

(13) 32°22.03′ N lat., 118°56.26′ W 

long.; 

(14) 32°24.63′ N lat., 118°57.54′ W 

long.; 

(15) 32°34.72′ N lat., 119°10.24′ W 

long.; 

(16) 32°37.93′ N lat., 119°7.88′ W 

long.; 

(17) 32°36.55′ N lat., 119°4.42′ W 

long.; 

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

(19) 32°45.98′ N lat., 119°10.71′ W 

long.; and 

(20) 32°46.01′ N lat., 119°14.63′ W 

long. 

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

around San Nicholas Island off the State 

of California is defined by straight lines 

connecting all of the following points in 

the order stated: 

(1) 33°31.65′ N lat., 119°44.84′ W 

long.; 

(2) 33°28.91′ N lat., 119°52.35′ W 

long.; 

(3) 33°25.39′ N lat., 119°51.44′ W 

long.; 

(4) 33°17.94′ N lat., 119°47.31′ W 

long.; 

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

(6) 33°14.03′ N lat., 119°37.02′ W 

long.; 

(7) 33°11.49′ N lat., 119°29.58′ W 

long.; 

(8) 33°11.21′ N lat., 119°26.46′ W 

long.; 

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

(10) 33°14.51′ N lat., 119°14.92′ W 

long.; 

(11) 33°14.76′ N lat., 119°17.07′ W 

long.; 

(12) 33°17.44′ N lat., 119°22.82′ W 

long.; 

(13) 33°21.37′ N lat., 119°27.53′ W 

long.; 

(14) 33°23.44′ N lat., 119°33.11′ W 

long.; and 

(15) 33°31.65′ N lat., 119°44.84′ W 

long. 

* * * * * 

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

around Santa Barbara Island off the 

State of California is defined by straight 

lines connecting all of the following 

points in the order stated: 

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

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

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

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

(5) 33°26.96′ N lat., 118°59.58′ W 

long.; 

(6) 33°28.68′ N lat., 118°58.24′ W 

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

W long.; 

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

around Tanner Bank and Cortes Bank 

off the State of California is defined by 

straight lines connecting all of the 

following points in the order stated: 

(1) 32°46.12′ N lat., 119°14.73′ W 

long.; 

(2) 32°44.37′ N lat., 119°16.82′ W 

long.; 

(3) 32°41.02′ N lat., 119°12.01′ W 

long.; 

(4) 32°39.28′ N lat., 119°12.18′ W 

long.; 

(5) 32°41.46′ N lat., 119°18.28′ W 

long.; 

(6) 32°36.17′ N lat., 119°22.31′ W 

long.; 

(7) 32°32.97′ N lat., 119°22.31′ W 

long.; 

(8) 32°30.57′ N lat., 119°20.54′ W 

long.; 

(9) 32°28.94′ N lat., 119°15.53′ W 

long.; 

(10) 32°27.45′ N lat., 119°15.79′ W 

long.; 

(11) 32°24.86′ N lat., 119°12.93′ W 

long.; 

(12) 32°21.43′ N lat., 118°55.1′ W 

long.; 

(13) 32°24.67′ N lat., 118°57.37′ W 

long.; 

(14) 32°34.34′ N lat., 119°9.28′ W 

long.; 

(15) 32°37.39′ N lat., 119°7.54′ W 

long.; 

(16) 32°36.38′ N lat., 119°4.32′ W 

long.; 

(17) 32°41.59′ N lat., 119°2.46′ W 

long.; 

(18) 32°46.07′ N lat., 119°10.68′ W 

long.; and 

(19) 32°46.12′ N lat., 119°14.73′ W 

long. 

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

around San Nicholas Island off the State 

of California is defined by straight lines 

connecting all of the following points in 

the order stated: 

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

(2) 33°28.97′ N lat., 119°53.04′ W 

long.; 

(3) 33°24.67′ N lat., 119°51.27′ W 

long.; 

(4) 33°19.95′ N lat., 119°50.23′ W 

long.; 

(5) 33°13.07′ N lat., 119°41.99′ W 

long.; 

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

(7) 33°11.45′ N lat., 119°29.57′ W 

long.; 

(8) 33°11.13′ N lat., 119°26.22′ W 

long.; 


lotter on DSK11XQN23PROD with RULES1
83848 Federal Register / Vol. 88, No. 230 / Friday, December 1, 2023 / Rules and Regulations 

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

(10) 33°12.91′ N lat., 119°15.53′ W 

long.; 

(11) 33°14.52′ N lat., 119°14.72′ W 

long.; 

(12) 33°15.32′ N lat., 119°16.01′ W 

long.; 

(13) 33°14.78′ N lat., 119°16.97′ W 

long.; 

(14) 33°15.73′ N lat., 119°19.02′ W 

long.; 

(15) 33°16.73′ N lat., 119°18.97′ W 

long.; 

(16) 33°19.37′ N lat., 119°24.95′ W 

long.; 

(17) 33°21.69′ N lat., 119°27.44′ W 

long.; 

(18) 33°23.82′ N lat., 119°32.87′ W 

long.; and 

(19) 33°33.22′ N lat., 119°46.7′ W 

long. 

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

around Osborn Bank off the State of 

California is defined by straight lines 

connecting all of the following points in 

the order stated: 

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

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

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

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

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

(6) 33°21.32′ N lat., 118°59.89′ W 

long.; and 

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

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

around the Eastern CCA area off the 

State of California is defined by straight 

lines connecting all of the following 

points in the order stated: 

(1) 32°41.41′ N lat., 117°59.05′ W 

long.; 

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

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

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

(5) 32°38.02′ N lat., 117°57.86′ W 

long.; 

(6) 32°35.38′ N lat., 117°56.23′ W 

long.; 

(7) 32°36.68′ N lat., 117°55.02′ W 

long.; 

(8) 32°40.42′ N lat., 117°57.15′ W 

long.; and 

(9) 32°41.41′ N lat., 117°59.05′ W 

long. 

■ 13. Amend § 660.78 by: 

■ a. Redesignating paragraphs (p) 

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

■ b. Redesignating paragraph (o) as 

paragraph (q); 

■ c. Redesignating paragraphs (f) 

through (n) as paragraphs (g) through 

(o); 

■ d. Adding new paragraph (f); 

■ e. Adding new paragraph (p); and 

■ f. Adding new paragraph (r). 

The revisions and additions read as 

follows: 

§ 660.78 EFHCAs off the Coast of Oregon. 

* * * * * 

(f) Nehalem Bank East. The boundary 

of the Nehalem Bank East EFHCA is 

defined by straight lines connecting all 

of the following points in the order 

stated and connecting back to 45°47.95′ 

N lat., 124°31.70′ W long.: 

(1) 45°47.95′ N lat., 124°31.70′ W 

long.; 

(2) 45°52.28′ N lat., 124°38.46′ W 

long.; 

(3) 45°56.45′ N lat., 124°38.00′ W 

long.; 

(4) 45°58.33′ N lat., 124°38.75′ W 

long.; 

(5) 46°00.83′ N lat., 124°36.78′ W 

long.; 

(6) 45°59.94′ N lat., 124°34.63′ W 

long.; 

(7) 45°58.90′ N lat., 124°33.47′ W 

long.; 

(8) 45°54.27′ N lat., 124°30.73′ W 

long.; 

(9) 45°53.62′ N lat., 124°30.83′ W 

long.; 

(10) 45°52.90′ N lat., 124°30.67′ W 

long.; 

(11) 45°52.03′ N lat., 124°30.60′ W 

long.; 

(12) 45°51.75′ N lat., 124°30.85′ W 

long.; and 

(13) 45°51.53′ N lat., 124°31.15′ W 

long. 

* * * * * 

(p) Arago Reef West. The boundary of 

the Arago Reef West EFHCA is defined 

by straight lines connecting all of the 

following points in the order stated and 

connecting back to 43°16.24′ N lat., 

124°27.66′ W long.: 

(1) 43°16.24′ N lat., 124°27.66′ W 

long.; 

(2) 43°14.23′ N lat., 124°29.28′ W 

long.; 

(3) 43°14.03′ N lat., 124°28.31′ W 

long.; 

(4) 43°11.92′ N lat., 124°28.26′ W 

long.; 

(5) 43°11.02′ N lat., 124°29.11′ W 

long.; 

(6) 43°10.13′ N lat., 124°29.15′ W 

long.; 

(7) 43°09.26′ N lat., 124°31.03′ W 

long.; 

(8) 43°08.60′ N lat., 124°30.98′ W 

long.; 

(9) 43°10.22′ N lat., 124°37.82′ W 

long.; 

(10) 43°16.91′ N lat., 124°37.50′ W 

long.; 

(11) 43°16.51′ N lat., 124°28.97′ W 

long.; 

(12) 43°16.88′ N lat., 124°28.16′ W 

long.; and 

(13) 43°16.24′ N lat., 124°27.66′ W 

long. 

* * * * * 

(r) Bandon High Spot East. The 

boundary of the Bandon High Spot East 

EFHCA is defined by straight lines 

connecting all of the following points in 

the order stated and connecting back to 

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

(1) 42°57.18′ N lat., 124°46.01′ W 

long.; 

(2) 42°56.10′ N lat., 124°47.48′ W 

long.; 

(3) 42°56.66′ N lat., 124°48.79′ W 

long.; 

(4) 42°55.02′ N lat., 124°50.45′ W 

long.; 

(5) 42°55.70′ N lat., 124°52.79′ W 

long.; 

(6) 43°03.91′ N lat., 124°50.81 W 

long.; 

(7) 43°03.70′ N lat., 124°47.91′ W 

long.; 

(8) 43°03.20′ N lat., 124°47.52′ W 

long.; 

(9) 43°00.94′ N lat., 124°46.57′ W 

long.; and 

(10) 42°57.18′ N lat., 124°46.01′ W 

long. 

* * * * * 

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

introductory text and (zz) introductory 

text to read as follows: 

§ 660.79 EHFCAs off the Coast of 

California. 

* * * * * 

(yy) Potato Bank. The boundary of the 

Potato Bank EFHCA is defined by 

straight lines connecting all of the 

following points in the order stated and 

connecting back to 33°11.00′ N lat., 

119°55.67′ W long.: 

* * * * * 

(zz) Cherry Bank. The Cherry Bank 

EFH Conservation Area is defined by 

straight lines connecting all of the 

following points in the order stated and 

connecting back to 32°59.00′ N lat., 

119°32.05′ W long.: 

* * * * * 

Subpart D [Amended] 

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

references to ‘‘Cordell Banks’’ to read 

‘‘Cordell Bank’’. 

Subpart E [Amended] 

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

references to ‘‘Cordell Banks’’ to read 

‘‘Cordell Bank’’. 

■ 17. In § 660.212, add paragraph (c)(3) 

to read as follows: 

§ 660.212 Fixed gear fishery—prohibitions. 

* * * * * 

(c) * * * 

(3) Fish inside the nontrawl RCA with 

any gear type other than those specified 

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

may not carry more than one gear type 

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


lotter on DSK11XQN23PROD with RULES1
Federal Register / Vol. 88, No. 230 / Friday, December 1, 2023 / Rules and Regulations 83849 

while declared to fish inside the 

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

for valid declarations for use inside the 

nontrawl RCA). 

* * * * * 

■ 18. Amend § 660.230 by: 

■ a. Revising paragraph (a); 

■ b. Adding paragraph (b)(6); 

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

(13); and 

■ d. Adding new paragraphs (d)(14) 

through (17). 

The additions and revisions read as 

follows: 

§ 660.230 Fixed gear fishery— 

management measures. 

(a) General. Most species taken in 

limited entry fixed gear (longline and 

pot/trap) fisheries will be managed with 

cumulative trip limits (see trip limits in 

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

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

seasons (see trip limits in Tables 2 

(North) and 2 (South) of this subpart 

and sablefish primary season details in 

§ 660.231), gear restrictions (see 

paragraph (b) of this section), and closed 

areas (see paragraph (d) of this section 

and §§ 660.70 through 660.79). Cowcod 

retention is prohibited in all fisheries, 

and groundfish vessels operating south 

of Point Conception must adhere to GEA 

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

section and § 660.70). Yelloweye 

rockfish retention is prohibited in the 

limited entry fixed gear fisheries. 

Regulations governing tier limits for the 

limited entry, fixed gear sablefish 

primary season north of 36°N lat. are 

found in § 660.231. Vessels not 

participating in the sablefish primary 

season are subject to daily or weekly 

sablefish limits in addition to 

cumulative limits for each cumulative 

limit period. Only one sablefish landing 

per week may be made in excess of the 

daily trip limit and, if the vessel chooses 

to make a landing in excess of that daily 

trip limit, then that is the only sablefish 

landing permitted for that week. The 

trip limit for black rockfish caught with 

hook-and-line gear also applies, see 

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

(North) and Table 2 (South) of this 

subpart apply to vessels participating in 

the limited entry groundfish fixed gear 

fishery and may not be exceeded. 

(b) * * * 

(6) Gear for use in the Nontrawl RCA. 

Inside the nontrawl RCA, only legal 

non-bottom contact hook-and-line gear 

configurations may be used for target 

fishing for groundfish by vessels that 

participate in the limited entry fixed 

gear sector as defined at § 660.11. On a 

fishing trip where any fishing will occur 

inside the nontrawl RCA, only one type 

of legal non-bottom contact gear may be 

carried on board, and no other fishing 

gear of any type may be carried on board 

or stowed during that trip. The vessel 

may fish inside and outside the 

nontrawl RCA on the same fishing trip, 

provided a valid declaration report as 

required at § 660.13(d) has been filed 

with NMFS OLE. Legal non-bottom 

contact hook-and-line gear means 

stationary vertical jig gear not anchored 

to the bottom and groundfish troll gear, 

subject to the specifications in 

paragraphs (b)(6)(i) and (ii) of this 

section. 

(i) Stationary vertical jig gear. The 

following requirements apply to 

stationary vertical jig gear: 

(A) Must be a minimum of 30 feet (9 

m) between the bottom weight and the 

lowest fishing hook; 

(B) No more than 4 vertical mainlines 

attached to or fished from the vessel 

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

water at one time with no more than 25 

hooks on each mainline; 

(C) No more than 100 hooks may be 

in the water at one time, with no more 

than 25 extra hooks on board the vessel. 

(ii) Groundfish troll gear. The 

following requirements apply to 

groundfish troll gear: 

(A) Must be a minimum of 50 feet (15 

m) between the bottom weight and the 

troll wire’s connection to the horizontal 

mainline; 

(B) No more than one mainline 

attached to or fished form the vessel 

may be used in the water at one time; 

(C) No more than 500 hooks may be 

in the water at one time, with no more 

than 25 extra hooks on board the vessel; 

(D) Hooks must be spaced apart by a 

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

colored line splices), with no more than 

25 hooks between each marker and no 

more than 20 markers on the mainline; 

and 

(E) Natural bait or weighted hooks 

may not be used nor be on board the 

vessel. Artificial lures and bait are 

permitted. 

* * * * * 

(d) * * * 

(5) Tillamook YRCA. The latitude and 

longitude coordinates that define the 

Tillamook YRCA boundaries are 

specified at § 660.70, subpart C. Fishing 

with limited entry fixed gear is 

prohibited within the Tillamook YRCA 

on dates when the closure is in effect. 

It is unlawful to take and retain, 

possess, or land groundfish taken with 

limited entry fixed gear within the 

Tillamook YRCA on dates when the 

closure is in effect. The closure is not in 

effect at this time. This closure may be 

implemented through inseason 

adjustment. Limited entry fixed gear 

vessels may transit through the 

Tillamook YRCA at any time, with or 

without groundfish on board. 

(6) Newport YRCA. The latitude and 

longitude coordinates that define the 

Newport YRCA boundaries are specified 

at § 660.70, subpart C. Fishing with 

limited entry fixed gear is prohibited 

within the Newport YRCA on dates 

when the closure is in effect. It is 

unlawful to take and retain, possess, or 

land groundfish taken with limited 

entry fixed gear within the Newport 

YRCA on dates when the closure is in 

effect. The closure is not in effect at this 

time. This closure may be implemented 

through inseason adjustment. Limited 

entry fixed gear vessels may transit 

through the Newport YRCA at any time, 

with or without groundfish on board. 

(7) Florence YRCA. The latitude and 

longitude coordinates that define the 

Florence YRCA boundaries are specified 

at § 660.70, subpart C. Fishing with 

limited entry fixed gear is prohibited 

within the Florence YRCA on dates 

when the closure is in effect. It is 

unlawful to take and retain, possess, or 

land groundfish taken with limited 

entry fixed gear within the Florence 

YRCA on dates when the closure is in 

effect. The closure is not in effect at this 

time. This closure may be implemented 

through inseason adjustment. Limited 

entry fixed gear vessels may transit 

through the Florence YRCA at any time, 

with or without groundfish on board. 

(8) Heceta Bank YRCA. The latitude 

and longitude coordinates that define 

the Heceta Bank YRCA boundaries are 

specified at § 660.70, subpart C. Fishing 

with limited entry fixed gear is 

prohibited within the Heceta Bank 

YRCA on dates when the closure is in 

effect. It is unlawful to take and retain, 

possess, or land groundfish taken with 

limited entry fixed gear within the 

Heceta Bank YRCA on dates when the 

closure is in effect. The closure is 

currently in effect. This closure may be 

modified through inseason adjustment. 

Limited entry fixed gear vessels may 

transit through the Heceta Bank YRCA 

at any time, with or without groundfish 

on board. 

(9) Point St. George YRCA. The 

latitude and longitude coordinates of 

the Point St. George YRCA boundaries 

are specified at § 660.70, subpart C. 

Fishing with limited entry fixed gear is 

prohibited within the Point St. George 

YRCA, on dates when the closure is in 

effect. It is unlawful to take and retain, 

possess, or land groundfish taken with 

limited entry fixed gear within the Point 

St. George YRCA, on dates when the 

closure is in effect. The closure is not in 

effect at this time. This closure may be 

imposed through inseason adjustment. 


lotter on DSK11XQN23PROD with RULES1
83850 Federal Register / Vol. 88, No. 230 / Friday, December 1, 2023 / Rules and Regulations 

Limited entry fixed gear vessels may 

transit through the Point St. George 

YRCA, at any time, with or without 

groundfish on board. 

(10) South Reef YRCA. The latitude 

and longitude coordinates of the South 

Reef YRCA boundaries are specified at 

§ 660.70, subpart C. Fishing with 

limited entry fixed gear is prohibited 

within the South Reef YRCA, on dates 

when the closure is in effect. It is 

unlawful to take and retain, possess, or 

land groundfish taken with limited 

entry fixed gear within the South Reef 

YRCA, on dates when the closure is in 

effect. The closure is not in effect at this 

time. This closure may be imposed 

through inseason adjustment. Limited 

entry fixed gear vessels may transit 

through the South Reef YRCA, at any 

time, with or without groundfish on 

board. 

(11) Reading Rock YRCA. The latitude 

and longitude coordinates of the 

Reading Rock YRCA boundaries are 

specified at § 660.70, subpart C. Fishing 

with limited entry fixed gear is 

prohibited within the Reading Rock 

YRCA, on dates when the closure is in 

effect. It is unlawful to take and retain, 

possess, or land groundfish taken with 

limited entry fixed gear within the 

Reading Rock YRCA, on dates when the 

closure is in effect. The closure is not in 

effect at this time. This closure may be 

imposed through inseason adjustment. 

Limited entry fixed gear vessels may 

transit through the Reading Rock YRCA, 

at any time, with or without groundfish 

on board. 

(12) Point Delgada (North) YRCA. The 

latitude and longitude coordinates of 

the Point Delgada (North) YRCA 

boundaries are specified at § 660.70, 

subpart C. Fishing with limited entry 

fixed gear is prohibited within the Point 

Delgada (North) YRCA, on dates when 

the closure is in effect. It is unlawful to 

take and retain, possess, or land 

groundfish taken with limited entry 

fixed gear within the Point Delgada 

(North) YRCA, on dates when the 

closure is in effect. The closure is not in 

effect at this time. This closure may be 

imposed through inseason adjustment. 

Limited entry fixed gear vessels may 

transit through the Point Delgada 

(North) YRCA, at any time, with or 

without groundfish on board. 

(13) Point Delgada (South) YRCA. The 

latitude and longitude coordinates of 

the Point Delgada (South) YRCA 

boundaries are specified at § 660.70, 

subpart C. Fishing with limited entry 

fixed gear is prohibited within the Point 

Delgada (South) YRCA, on dates when 

the closure is in effect. It is unlawful to 

take and retain, possess, or land 

groundfish taken with limited entry 

fixed gear within the Point Delgada 

(South) YRCA, on dates when the 

closure is in effect. The closure is not in 

effect at this time. This closure may be 

imposed through inseason adjustment. 

Limited entry fixed gear vessels may 

transit through the Point Delgada 

(South) YRCA, at any time, with or 

without groundfish on board. 

(14) Nontrawl Rockfish Conservation 

Area (RCA). The nontrawl RCA is 

defined at § 660.11 and with latitude 

and longitude coordinates, at §§ 660.71 

through 660.74 or the EEZ, where 

fishing for groundfish with nontrawl 

gear is prohibited. Boundaries for the 

nontrawl RCA throughout the year are 

provided in the header to Table 2 

(North) and Table 2 (South) of this 

subpart and may be modified by NMFS 

inseason pursuant to § 660.60(c). 

(i) It is unlawful to operate a vessel 

with limited entry nontrawl gear in the 

nontrawl RCA, except for the purpose of 

continuous transit, or when the use of 

limited entry nontrawl gear is 

authorized in this section. It is unlawful 

to take and retain, possess, or land 

groundfish taken with limited entry 

nontrawl gear within the nontrawl RCA, 

unless otherwise authorized in this 

section. 

(ii) Limited entry nontrawl vessels 

may transit through the nontrawl RCA, 

with or without groundfish on board, 

provided all groundfish nontrawl gear is 

stowed either: Below deck; or if the gear 

cannot readily be moved, in a secured 

and covered manner, detached from all 

lines, so that it is rendered unusable for 

fishing. 

(iii) The nontrawl RCA restrictions in 

this section apply to vessels registered 

to limited entry fixed gear permits 

fishing for species other than groundfish 

with nontrawl gear on trips where 

groundfish species are retained. Unless 

otherwise authorized in this section, a 

vessel may not retain any groundfish 

taken on a fishing trip for species other 

than groundfish that occurs within the 

nontrawl RCA. If a vessel fishes in a 

non-groundfish fishery in the nontrawl 

RCA, it may not participate in any 

fishing for groundfish on that trip that 

is prohibited within the nontrawl RCA. 

[For example, if a vessel fishes in the 

salmon troll fishery within the RCA, the 

vessel cannot on the same trip fish in 

the sablefish fishery outside of the 

RCA.] 

(iv) It is lawful to fish within the 

nontrawl RCA with limited entry fixed 

gear using hook and line gear only when 

trip limits authorize such fishing, and 

provided a valid declaration report as 

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

been filed with NMFS OLE. 

(v) It is lawful to fish within the 

nontrawl RCA under the limited entry 

fixed gear trip limits specified in Table 

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

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

described at § 660.230(b)(6), and 

provided a valid declaration report as 

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

been filed with NMFS OLE. 

(15) Farallon Islands. Under 

California law, commercial fishing for 

all groundfish is prohibited between the 

shoreline and the 10 fm (18 m) depth 

contour around the Farallon Islands. An 

exception to this prohibition is that 

commercial fishing for ‘‘other flatfish’’ 

is allowed around the Farallon Islands 

using hook and line gear only. (See 

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

definition of the Farallon Islands, see 

§ 660.70, subpart C. 

(16) Cordell Bank. Commercial fishing 

for groundfish is prohibited in waters of 

depths less than 100 fm (183 m) around 

Cordell Bank, as defined by specific 

latitude and longitude coordinates at 

§ 660.70, subpart C. An exception to this 

prohibition is that commercial fishing 

for ‘‘other flatfish’’ is allowed around 

Cordell Bank using hook and line gear 

only. 

(17) Groundfish exclusion areas 

(GEAs). The GEAs are closed areas in 

the Southern California Bight, defined 

by specific latitude and longitude 

coordinates (specified at § 660.70) 

where commercial and recreational 

fishing for groundfish is prohibited. It is 

unlawful to fish for, take and retain, 

possess (except for the purpose of 

continuous transit) or land groundfish 

within the GEAs. All fishing gear for 

targeting groundfish must be stowed 

while transiting through a GEA. If 

fishing for non-groundfish species 

within a GEA, then no groundfish may 

be on board the vessel. 

* * * * * 

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

North and Table 2 South to read as 

follows: 

BILLING CODE 3510–22–P 


lotter on DSK11XQN23PROD with RULES1
Federal Register / Vol. 88, No. 230 / Friday, December 1, 2023 / Rules and Regulations 83851 


lotter on DSK11XQN23PROD with RULES1ER01DE23.002</GPH>

Section 660 Subpart E Table 2 North and Table 2 South 

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. 

Other limits and requirements apply -- Read §§660 10 through 660 399 before using this table 1/1/2024 

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

Rockfish Conservation Area (RCA)11 : 

1 North of 46°16' N lat. Shoreward EEZ - 100 fm line 11 

2 46°16' N lat. - 42°00' N lat. 30 fm line" - 75 fm line" 

3 42°00' N lat. - 40°1 0' N lat. Shoreward EEZ - 75 fm line11 

See §§660.60 and 660.230 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, YRCAs, Farallon Islands, Cordell Bank, and EFHCAs). 

3 Minor Slope Rockfish21 & Darkblotched 

rockfish 8,000 lb/ 2 months 

4 Pacific ocean perch 3,600 lb/ 2 months 

5 Sablefish 4,500 lb/ week, not to exceed 9,000 lb /2 months 

6 Longspine thornyhead 10,000 lb/2 months 

7 Shortsoine thornvhead 2,000 lb/ 2 months I 2,500 lb/ 2 months 

8 Dover sole, arrowtooth flounder, petrale 10,000 lb/ month sole, English sole, starry flounder 

9 Other Flatfish31 

10 North of 42°00' N lat. 10,000 lb/ month 

11 42°00' N lat. - 40° 10' N lat. 10,000 lb/ month seaward of the non-trawl RCA; 0 lb/month inside the non-trawl RCA 

12 Whitina 10,000 lb/ trio 

13 Minor Shelf Rockfish21 800 lb/ month 

14 Widow rockfish 4,000 lb/ 2 months 

15 Yellowtail rockfish 3,000 lb/ month 

16 Canarv rockfish 3,000 lb/ 2 months 

17 Yelloweye rockfish CLOSED 

18 Quillback rockfish 

19 42°00' N lat. - 40° 1 0' N lat. 0 lb/ 2 months 

20 Minor Nearshore Rockfish Orea on black/blue/deacon rockfish & black rockfish41 

21 North of 42°00' N lat. 5,000 lb/ 2 months, no more than 1,200 lb of which may be species other than black rockfish or blue/deacon 

rockfish31 

-

22 42°00' N lat. - 40° 10' N lat. 0 lb/ 2 months Minor Nearshore Rockfish -

23 42°00' N lat. - 40° 1 0' N lat. 

Black Rockfish 0 lb/ 2 months 

24 Linacod51 

25 North of 42°00' N lat. 11,000 lb/ 2 months 

26 42°00' N lat. - 40°1 0' N lat. 2,000 lb/ 2 months seaward of the non-trawl RCA; 0 lb/ 2 months inside the non-trawl RCA 

27 Pacific cod 1,000 lb/ 2 months 

28 Spiny dogfish 200,000 lb/ 2 months I 

150,000 lb/ 2 

I 

100,000 lb/ 2 months months 

29 Lonanose skate Unlimited 

30 Other Fish61 Unlimited 

31 Cabezon in California 0 lb/ 2 months 

32 Oregon Cabezon/Kelp Greenling Unlimited 

33 Bia skate Unlimited 

1/The Rockfish Conservation Area Is an area closed to fishing by particular gear types, bounded by the EEZ (exclusIw economic zone, I.e., federal waters from 3-200 nautical miles from shore) 

or lines specifically defined by latitude and longitude coordinates set out at§§ 660.71-660.74. 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 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. LEFG vessels may be allowed to fish inside groundfish conservation areas using non-bottom contact hook arx:t line only. 

See§ 660.230 (d) of the regulations for more information. 

2/ Minor Shelf and Slope Rockfish complexes are defined at§ 660.11. Bocaccio, chili pepper and cowcod are included in the trip limits for Minor ShelfRockfish. Splitnose rockfish is included 

in the trip limits for Minor Slope Rockfish. 

3/"0therflatfish" are defined at§ 660.11 and include butter sole, curlfin sole, flathead sole, Pacific sanddab, rexsole, rock sole, and sand sole. 

4/ For black rockfish north of Cape Aiava (46°09.50' N lat.), and between Destruction Is. (47°40' N lat.) and Leadbetter Pnt. (46°36.17' 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 minimum size limit forlingcod is 22 inches (56 cm) total length North of42° N lat. and 22 inches (56 cm) total length South of42° N lat. 

6/"0ther Fish" are defined at§ 660.11 and include kelp greenling off Califomia and leopard shark. 

To convert pounds to kilograms, divide by 2.20462, the nuniler of pounds in one kilogram. 

-I 

)> 

m 

rm 

N 

-

z 

0 

... 

-:::r 

-
83852 Federal Register / Vol. 88, No. 230 / Friday, December 1, 2023 / Rules and Regulations 

BILLING CODE 3510–22–C 

Subpart F [Amended] 

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

references to ‘‘Cordell Banks’’ to read 

‘‘Cordell Bank’’. 

■ 21. In § 660.312, revise paragraph 

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

as follows: 

§ 660.312 Open access fishery— 

prohibitions. 

* * * * * 

(d) * * * 

(7) Fish with bottom trawl gear 

(defined at § 660.11), other than 

demersal seine, unless otherwise 

specified in this section or § 660.330, 

within the EEZ in the following 

EFHCAs (defined at § 660.79): Brush 

Patch, Trinidad Canyon, Mad River 

Rough Patch, Samoa Deepwater, Eel 

River Canyon, Blunts Reef, Mendocino 

Ridge, Delgada Canyon, Tolo Bank, 

Navarro Canyon, Point Arena North, 

Point Arena South Biogenic Area, the 

Football, Gobbler’s Knob, Point Reyes 

Reef, Cordell Bank/Biogenic Area, 


lotter on DSK11XQN23PROD with RULES1ER01DE23.003</GPH>

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. 

Other limits and requirements apply -- Read§§ 660.10 through 660.399 before using this table 1/1/2024 

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

Rockfish Conservation Area (RCA)11 : 

1 40°1 0' N lat. - 36°00' N lat. Shoreward EEZ11 - 75 Im line 11 

2 36°00' N lat. - 34 °27' N lat. 50 Im line 11 - 75 Im line 11 

3 ;south of 34°27' N lat. 100 Im line" -150 Im line /also aoolies around islands and banks) 

See §§660.60 and 660.230 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, YRCAs, Farallon Islands, Cordell Bank, and EFHCAs). 

4 Minor Slope rockfish21 & Darkblotched 40,000 lb/ 2 months, of which no more than 6,000 lb may be blackgill rockfish rockfish 

5 Solitnose rockfish 40,000 lb/ 2 months 

6 Sablefish 

7 40°10' N lat. -36°00' N lat. 4,500 lb/ week, not to exceed 9,000 lb /2 months 

8 South of 36°00' N lat. 2,500 lb/week 

9 Lonasoine thornvhead 10,000 lb/2 months 

10 Shortsoine thornvhead 

11 40°10' N lat. -34°27' N lat. 2,000 lb/ 2 months I 2,500 lb/ 2 months 

12 South of 34 °27' N lat. 3,000 lb/ 2 months 

13 Dover sole, arrowtooth flounder, petrale 10,000 lb/ month sole, English sole, starry flounder 

14 Other Flatfish" 

15 I 40°10' N lat. -36°00' N lat. 10,000 lb/ month 

16 I South of 36°00' N lat. 10,000 lb/ month seaward of the non-trawl RCA; 0 lb/month inside the non-trawl RCA 

17 Whiting 10,000 lb/ tnp 

18 Minor Shelf Rockfish21 

19 I 40°10' N lat. -34°27' N lat. 6,000 lb/ 2 months, of which no more than 500 lb may be vermilion 

20 South of 34 °27' N lat. 6,000 lb/ 2 months, of which no more than 3,000 lb may be vermilion 

21 Widow rockfish 

22 I 40°10' N lat. -34°27' N lat. 10,000 lb/ 2 months 

23 South of 34 °27' N lat. 8,000 lb/ 2 months 

24 Chilipepper rockfish 

25 I 40°10' N lat. -34°27' N lat. 10,000 lb./ 2 months 

26 South of 34 °27' N lat. 8,000 lb. / 2 months 

27 --·--..:.,. 3,500 lb/ 2 months 

28 Yelloweye rockfish CLOSED 

29 Quillback rockfish 0 lb/ 2 months 

30 Cowcod CLOSED 

31 Bronzespotted rockfish CLOSED 

32 Bocaccio 8,000 lb/ 2 months 

33 Minor Nearshore Rockfish 

34 40°1 0' N lat. - 36° N lat. Shallow nearshore" 0 lb/ 2 months 

35 South of 36° N lat. Shallow nearshore41 2,000 lb/ 2 months 

36 40° 1 0' N lat. - 36° N lat. Deeper nearshore51 0 lb/ 2 months 

37 South of 36° N lat. Deeoer nearshore51 2,000 lb/ 2 months, of which no more than 75 lb may be copper rockfish 

38 California Scorpionfish 3,500 lb/ 2 months 

39 Linacod" 

40 I 40°10' N lat. -36° N lat. 1,600 lb/ 2 months seaward of the non-trawl RCA; 0 lb/ 2 months inside the non-trawl RCA 

41 South of 36° N lat. 1,600 lb/ 2 months 

42 Pacific cod 1,000 lb/ 2 months 

43 Spiny dogfish 200,000 lb/ 2 months I 

150,000 lb/ 2 

months I 44 Longnose skate Unlimited 

45 Other Fish71 0 lb / 2 months 

46 Cabezon in California 

47 40° 10' N lat. - 36° N lat. 0 lb/ 2 months 

48 South of 36° N lat. Unlimited 

49 Big Skate Unlimited 

1/The Rockfish Conservation Area is an area closed to fishing by particular gear types, bounded by lines specifically defined by latitude 

and longitu:te coordinates set out at§§ 660.71-660.74. 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 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. LEFG vessels may be allowed to fish inside groundfish conservation areas using non-bottom contact hook and line only. 

See§ 660.230 (d) of the regulations for more infom,ation. 

100,000 lb/ 2 months 

2/ Minor Shelf and Slope Rockfish complexes are defined at§ 660.11. Pacific ocean perch 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/"0ther Flatfish" are defined at§ 660.11 arx:t include butter sole, curtfin sole, flathead sole, Pacific sanddab, rexsole, rock sole, and sarx:t sole. 

4/"Shallow Near.shore" are defined at§ 660.11 under "Groundfish" (7)Q)(B)(1 ). 

5/"DeeperNearshore" are defined at§ 660.11 under"Groundfish" (7)0)(8)(2). 

6/The commercial mimimumsize limit forlingcod is 22 inches (56 cm) total length South of42° N lat. 

7/"0ther Fish" are defined at§ 660.11 and include kelp greenling off California and leopard shark. 

To convert pounds to kilograms, divide by 2.20462, the nurn:>er of pounds in one kilogram. 

-I 

)> 

m 

rm 

N 

-

en 

0 

C 

-:::r 

-
Federal Register / Vol. 88, No. 230 / Friday, December 1, 2023 / Rules and Regulations 83853 

Rittenburg Bank, Farallon Islands/Fanny 

Shoal/Cochrane Bank, Farallon 

Escarpment, Half Moon Bay, Pescadero 

Reef, Pigeon Point Reef, Ascension 

Canyonhead, South of Davenport, 

Monterey Bay/Canyon, West of 

Sobranes Point, Point Sur Deep, Big Sur 

Coast/Port San Luis, La Cruz Canyon, 

West of Piedras Blancas State Marine 

Conservation Area, East San Lucia Bank, 

Point Conception, Hidden Reef/Kidney 

Bank, Catalina Island, Potato Bank, 

Cherry Bank, Cowcod EFHCA East, and 

Southern California Bight. 

(8) Fish inside the nontrawl RCA with 

any gear type other than those specified 

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

may not carry more than one gear type 

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

while declared to fish inside the 

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

for valid declarations for use inside the 

nontrawl RCA). 

■ 22. Amend § 660.330 by: 

■ a. Revising paragraph (a); 

■ b. Revising paragraph (b)(3) 

introductory text; 

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

(B); 

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

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

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

(15); and 

■ g. Adding new paragraphs (d)(16) 

through (19). 

The revisions and additions read as 

follows: 

§ 660.330 Open access fishery— 

management measures. 

(a) General. Groundfish species taken 

in open access fisheries will be managed 

with cumulative trip limits (see trip 

limits in Tables 3 (North) and 3 (South) 

of this subpart), size limits (see 

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

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

subpart), gear restrictions (see paragraph 

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

paragraph (d) of this section and 

§§ 660.70 through 660.79). Unless 

otherwise specified, a vessel operating 

in the open access fishery is subject to, 

and must not exceed any trip limit, 

frequency limit, and/or size limit for the 

open access fishery. Cowcod retention is 

prohibited in all fisheries, and 

groundfish vessels operating south of 

Point Conception must adhere to GEA 

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

section and § 660.70). Retention of 

yelloweye rockfish is prohibited in all 

open access fisheries. For information 

on the open access daily/weekly trip 

limit fishery for sablefish, see § 660.332 

of this subpart and the trip limits in 

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

subpart. Open access vessels are subject 

to daily or weekly sablefish limits in 

addition to cumulative limits for each 

cumulative limit period. Only one 

sablefish landing per week may be made 

in excess of the daily trip limit and, if 

the vessel chooses to make a landing in 

excess of that daily trip limit, then that 

is the only sablefish landing permitted 

for that week. The trip limit for black 

rockfish caught with hook-and-line gear 

also applies (see paragraph I of this 

section). Open access vessels that fish 

with non-groundfish trawl gear or in the 

salmon troll fishery north of 40°10′ N 

lat. are subject the cumulative limits 

and closed areas (except the pink 

shrimp fishery which is not subject to 

RCA restrictions) listed in Tables 3 

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

(b) * * * 

(3) Gear for use inside the Nontrawl 

RCA. Inside the nontrawl RCA, only 

legal non-bottom contact hook-and-line 

gear configurations may be used for 

target fishing for groundfish by vessels 

that participate in the open access sector 

as defined at § 660.11. On a fishing trip 

where any fishing will occur inside the 

nontrawl RCA, only one type of legal 

non-bottom contact gear may be carried 

on board, and no other fishing gear of 

any type may be carried on board or 

stowed during that trip. The vessel may 

fish inside and outside the nontrawl 

RCA on the same fishing trip, provided 

a valid declaration report as required at 

§ 660.13(d) has been filed with NMFS 

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

jig gear not anchored to the bottom and 

groundfish troll gear, subject to the 

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

(ii) of this section. 

(i) * * * 

(A) Must be a minimum of 30 feet (9 

m) between the bottom weight and the 

lowest fishing hook; 

(B) No more than 4 vertical mainlines 

attached to or fished from the vessel 

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

water at one time with no more than 25 

hooks on each mainline; 

* * * * * 

(ii) * * * 

(B) No more than one mainline 

attached to or fished from the vessel 

may be used in the water at one time; 

* * * * * 

(d) * * * 

(5) Tillamook YRCA. The latitude and 

longitude coordinates of the Tillamook 

YRCA boundaries are specified at 

§ 660.70, subpart C. Fishing with open 

access gear is prohibited within the 

Tillamook YRCA, on dates when the 

closure is in effect. It is unlawful to take 

and retain, possess, or land groundfish 

taken with open access gear within the 

Tillamook YRCA, on dates when the 

closure is in effect. The closure is not in 

effect at this time. This closure may be 

imposed through inseason adjustment. 

Open access vessels may transit through 

the Tillamook YRCA, at any time, with 

or without groundfish on board. 

(6) Newport YRCA. The latitude and 

longitude coordinates of the Newport 

YRCA boundaries are specified at 

§ 660.70, subpart C. Fishing with open 

access gear is prohibited within the 

Newport YRCA, on dates when the 

closure is in effect. It is unlawful to take 

and retain, possess, or land groundfish 

taken with open access gear within the 

Newport YRCA, on dates when the 

closure is in effect. The closure is not in 

effect at this time. This closure may be 

imposed through inseason adjustment. 

Open access vessels may transit through 

the Newport YRCA, at any time, with or 

without groundfish on board. 

(7) Florence YRCA. The latitude and 

longitude coordinates of the Florence 

YRCA boundaries are specified at 

§ 660.70, subpart C. Fishing with open 

access gear is prohibited within the 

Florence YRCA, on dates when the 

closure is in effect. It is unlawful to take 

and retain, possess, or land groundfish 

taken with open access gear within the 

Florence YRCA, on dates when the 

closure is in effect. The closure is not in 

effect at this time. This closure may be 

imposed through inseason adjustment. 

Open access vessels may transit through 

the Florence YRCA, at any time, with or 

without groundfish on board. 

(8) Heceta Bank YRCA. The latitude 

and longitude coordinates of the Heceta 

Bank YRCA boundaries are specified at 

§ 660.70, subpart C. Fishing with open 

access gear is prohibited within the 

Heceta Bank YRCA, on dates when the 

closure is in effect. It is unlawful to take 

and retain, possess, or land groundfish 

taken with open access gear within the 

Heceta Bank YRCA, on dates when the 

closure is in effect. The closure is in 

effect at this time. This closure may be 

imposed through inseason adjustment. 

Open access vessels may transit through 

the Heceta Bank YRCA, at any time, 

with or without groundfish on board. 

(9) Point St. George YRCA. The 

latitude and longitude coordinates of 

the Point St. George YRCA boundaries 

are specified at § 660.70, subpart C. 

Fishing with open access gear is 

prohibited within the Point St. George 

YRCA, on dates when the closure is in 

effect. It is unlawful to take and retain, 

possess, or land groundfish taken with 

open access gear within the Point St. 

George YRCA, on dates when the 

closure is in effect. The closure is not in 

effect at this time. This closure may be 

imposed through inseason adjustment. 

Open access vessels may transit through 


lotter on DSK11XQN23PROD with RULES1
83854 Federal Register / Vol. 88, No. 230 / Friday, December 1, 2023 / Rules and Regulations 

the Point St. George YRCA, at any time, 

with or without groundfish on board. 

(10) South Reef YRCA. The latitude 

and longitude coordinates of the South 

Reef YRCA boundaries are specified at 

§ 660.70, subpart C. Fishing with open 

access gear is prohibited within the 

South Reef YRCA, on dates when the 

closure is in effect. It is unlawful to take 

and retain, possess, or land groundfish 

taken with open access gear within the 

South Reef YRCA, on dates when the 

closure is in effect. The closure is not in 

effect at this time. This closure may be 

imposed through inseason adjustment. 

Open access gear vessels may transit 

through the South Reef YRCA, at any 

time, with or without groundfish on 

board. 

(11) Reading Rock YRCA. The latitude 

and longitude coordinates of the 

Reading Rock YRCA boundaries are 

specified at § 660.70, subpart C. Fishing 

with open access gear is prohibited 

within the Reading Rock YRCA, on 

dates when the closure is in effect. It is 

unlawful to take and retain, possess, or 

land groundfish taken with open access 

gear within the Reading Rock YRCA, on 

dates when the closure is in effect. The 

closure is not in effect at this time. This 

closure may be imposed through 

inseason adjustment. Open access gear 

vessels may transit through the Reading 

Rock YRCA, at any time, with or 

without groundfish on board. 

(12) Point Delgada (North) YRCA. The 

latitude and longitude coordinates of 

the Point Delgada (North) YRCA 

boundaries are specified at § 660.70, 

subpart C. Fishing with open access gear 

is prohibited within the Point Delgada 

(North) YRCA, on dates when the 

closure is in effect. It is unlawful to take 

and retain, possess, or land groundfish 

taken with open access gear within the 

Point Delgada (North) YRCA, on dates 

when the closure is in effect. The 

closure is not in effect at this time. This 

closure may be imposed through 

inseason adjustment. Open access gear 

vessels may transit through the Point 

Delgada (North) YRCA, at any time, 

with or without groundfish on board. 

(13) Point Delgada (South) YRCA. The 

latitude and longitude coordinates of 

the Point Delgada (South) YRCA 

boundaries are specified at § 660.70, 

subpart C. Fishing with open access gear 

is prohibited within the Point Delgada 

(South) YRCA, on dates when the 

closure is in effect. It is unlawful to take 

and retain, possess, or land groundfish 

taken with open access gear within the 

Point Delgada (South) YRCA, on dates 

when the closure is in effect. The 

closure is not in effect at this time. This 

closure may be imposed through 

inseason adjustment. Open access gear 

vessels may transit through the Point 

Delgada (South) YRCA, at any time, 

with or without groundfish on board. 

(14) Salmon Troll Yelloweye Rockfish 

Conservation Area (YRCA). The latitude 

and longitude coordinates of the Salmon 

Troll YRCA boundaries are specified in 

the groundfish regulations at § 660.70, 

subpart C, and in the salmon regulations 

at § 660.405. Fishing with salmon troll 

gear is prohibited within the Salmon 

Troll YRCA. It is unlawful for 

commercial salmon troll vessels to take 

and retain, possess, or land fish taken 

with salmon troll gear within the 

Salmon Troll YRCA. Open access 

vessels may transit through the Salmon 

Troll YRCA with or without fish on 

board. 

(15) Nontrawl rockfish conservation 

area for the open access fisheries. The 

nontrawl RCA is defined at § 660.11 and 

with latitude and longitude coordinates, 

at §§ 660.70 through 660.74 or the EEZ, 

where fishing for groundfish with 

nontrawl gear is prohibited. Boundaries 

for the nontrawl RCA throughout the 

year are provided in the header to Table 

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

subpart and may be modified by NMFS 

inseason pursuant to § 660.60(c). 

(i) It is unlawful to operate a vessel in 

the nontrawl RCA that has nontrawl 

gear onboard and is not registered to a 

limited entry permit on a trip in which 

the vessel is used to take and retain or 

possess groundfish in the EEZ, or land 

groundfish taken in the EEZ, except for 

the purpose of continuous transiting, or 

when the use of nontrawl gear is 

authorized in part 660. 

(ii) On any trip on which a groundfish 

species is taken with nontrawl open 

access gear and retained, the open 

access nontrawl vessel may transit 

through the nontrawl RCA only if all 

groundfish nontrawl gear is stowed 

either: Below deck; or if the gear cannot 

readily be moved, in a secured and 

covered manner, detached from all 

lines, so that it is rendered unusable for 

fishing. 

(iii) The nontrawl RCA restrictions in 

this section apply to vessels taking and 

retaining or possessing groundfish in 

the EEZ, or landing groundfish taken in 

the EEZ. Unless otherwise authorized by 

part 660, a vessel may not retain any 

groundfish taken on a fishing trip for 

species other than groundfish that 

occurs within the nontrawl RCA. If a 

vessel fishes in a non-groundfish fishery 

in the nontrawl RCA, it may not 

participate in any fishing for groundfish 

on that trip that is prohibited within the 

nontrawl RCA. [For example, if a vessel 

fishes in the salmon troll fishery within 

the RCA, the vessel cannot on the same 

trip fish in the sablefish fishery outside 

of the RCA.] 

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

California (between 42° N lat. south to 

the U.S./Mexico border) is allowed 

within the nontrawl RCA with hook and 

line gear only; and provided a valid 

declaration report as required at 

§ 660.13(d), has been filed with NMFS 

OLE. 

(v) Target fishing for groundfish off 

Oregon and California (between 46°16′ 

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

allowed within the nontrawl RCA for 

vessels participating in the directed 

open access sector as defined at 

§ 660.11, subject to the gear restrictions 

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

valid declaration report as required at 

§ 660.13(d) has been filed with NMFS 

OLE. 

(16) Non-groundfish trawl rockfish 

conservation areas for the open access 

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

defined by specific latitude and 

longitude coordinates (specified at 

§§ 660.70 through 660.74, subpart C) 

designed to approximate specific depth 

contours, where fishing for groundfish 

with nontrawl gear is prohibited. 

Boundaries for the nontrawl RCA 

throughout the year are provided in the 

open access trip limit tables, Table 3 

(North) and Table 3 (South) of this 

subpart and may be modified by NMFS 

in season pursuant to § 660.60(c). 

(i) It is unlawful to operate a vessel in 

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

for the purpose of continuous transiting, 

or when the use of trawl gear is 

authorized in part 660. It is unlawful to 

take and retain, possess, or land 

groundfish taken with non-groundfish 

trawl gear within the nontrawl RCA, 

unless otherwise authorized in part 660. 

(ii) Non-groundfish trawl vessels may 

transit through the non-groundfish trawl 

RCA, with or without groundfish on 

board, provided all non-groundfish 

trawl gear is stowed either: Below deck; 

or if the gear cannot readily be moved, 

in a secured and covered manner, 

detached from all towing lines, so that 

it is rendered unusable for fishing; or 

remaining on deck uncovered if the 

trawl doors are hung from their 

stanchions and the net is disconnected 

from the doors. 

(iii) The non-groundfish trawl RCA 

restrictions in this section apply to 

vessels taking and retaining or 

possessing groundfish in the EEZ, or 

landing groundfish taken in the EEZ. 

Unless otherwise authorized by part 

660, it is unlawful for a vessel to retain 

any groundfish taken on a fishing trip 

for species other than groundfish that 


lotter on DSK11XQN23PROD with RULES1
Federal Register / Vol. 88, No. 230 / Friday, December 1, 2023 / Rules and Regulations 83855 

occurs within the non-groundfish trawl 

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

participate in any fishing on that trip 

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

Federal regulations supersedes any state 

regulations that may prohibit trawling 

shoreward of the fishery management 

area (3–200 nm). 

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

following conditions: 

(A) Pink shrimp trawling is permitted 

in the non-groundfish trawl RCA when 

a valid declaration report as required at 

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

with NMFS OLE. Groundfish caught 

with pink shrimp trawl gear may be 

retained anywhere in the EEZ and are 

subject to the limits in Table 3 (North) 

and Table 3 (South) of this subpart. 

(B) When the shoreward line of the 

trawl RCA is shallower than 100 fm (183 

m), vessels using ridgeback prawn trawl 

gear south of 34°27.00′ N lat. may 

operate out to the 100 fm (183 m) 

boundary line specified at § 660.73, 

when a valid declaration report as 

required at § 660.13(d), has been filed 

with NMFS OLE. Groundfish caught 

with ridgeback prawn trawl gear are 

subject to the limits in Table 3 (North) 

and Table 3 (South) of this subpart. 

(17) Farallon Islands. Under 

California law, commercial fishing for 

all groundfish is prohibited between the 

shoreline and the 10 fm (18 m) depth 

contour around the Farallon Islands. An 

exception to this prohibition is that 

commercial fishing for ‘‘other flatfish’’ 

is allowed around the Farallon Islands 

using hook and line gear only. (See 

Table 3 (South) of this subpart). For a 

definition of the Farallon Islands, see 

§ 660.70, subpart C. 

(18) Cordell Bank. Commercial fishing 

for groundfish is prohibited in waters of 

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

Cordell Bank, as defined by specific 

latitude and longitude coordinates at 

§ 660.70, subpart C. An exception to this 

prohibition is that commercial fishing 

for ‘‘other flatfish’’ is allowed around 

Cordell Bank using hook and line gear 

only. 

(19) Groundfish exclusion areas 

(GEAs). The GEAs are closed areas in 

the Southern California Bight, defined 

by specific latitude and longitude 

coordinates (specified at § 660.70) 

where commercial and recreational 

fishing for groundfish is prohibited. It is 

unlawful to fish for, take and retain, 

possess (except for the purpose of 

continuous transit) or land groundfish 

within the GEAs. All fishing gear for 

targeting groundfish must be stowed 

while transiting through a GEA. If 

fishing for non-groundfish species 

within a GEA, then no groundfish may 

be on board the vessel. 

* * * * * 

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

North and Table 3 South to read as 

follows: 

Section 660 Subpart F Table 3 North 

and Table 3 South 

BILLING CODE 3510–22–P 


lotter on DSK11XQN23PROD with RULES1
83856 Federal Register / Vol. 88, No. 230 / Friday, December 1, 2023 / Rules and Regulations 


lotter on DSK11XQN23PROD with RULES1ER01DE23.004</GPH>

Table 3 (North) to Part 660, Subpart F -- Non-Trawl Rockfish Conservation Areas and Trip Limits for Open Access Gears North of 40°1 O' N lat. 

Other limits and requirements apply -- Read §§660.10 through 660.399 before using this table 1/1/2024 

JAN-FEB I MAR-APR I MAY UN I JUL-AUG I SEP-OCT I NOV-DEC 

Rockfish Conservation Area (RCA)11: I I I I I I I I I I I 1 North of46'16' N lat. Shoreward EEZ-100 fm line11 

2 46'16' N lat. -42'00' N lat. 30 fm line11 - 75 fm line11 

3 42'00' N lat. - 40'1 0' N lat. Shoreward EEZ - 75 fm 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 §§660.76-660.79 

for conservation area descriptions and coordinates (including RCAs, YRCAs, Farallon Islands, Cordell Bank, and EFHCAs). 

4 Minor Slope Rockfish21 & Darkblotched 2,000 lb/ month rockfish 

5 Pacific ocean perch 100 lb/ month 

6 Sablefish 3,000 lb/ week, not to exceed 6,000 lb/ 2 months 

7 Shortpine thornyheads 50 lb/ month 

8 Longspine thornvheads 50 lb/ month 

9 Dover sole, arrowtooth flounder, petrale sole, 5,000 lb/ month English sole, starry flounder 71 

10 Other Flatfish31 

11 North of 42'00' N lat. 5,000 lb/ month 

12 42'00' N lat. - 40'1 0' N lat. 5,000 lb/ month seaward of the non-trawl RCA; O lb/month inside the non-trawl RCA 

13 Whiting 300 lb/ month 

14 Minor Shelf Rockfish21 

15 North of 42'00' N lat. 800 lb/ month 

16 42'00' N lat. - 40'1 0' N lat. 600 lb/month 

17 Widow rockfish 2,000 lb/ 2 months 

18 Yellowtail rockfish 1,500 lb/month 

19 Canarv rockfish 1,000 lb/ 2 months 

20 Yelloweye rockfish CLOSED 

21 Quillback rockfish 

22 42'00' N lat. - 40'1 0' N lat. 0 lb/ 2 months 

23 Minor Nearshore Rockfish, Oregon black/blue/deacon rockfish, & black rockfish 

24 North of 42'00' N lat. 5,000 lb/ 2 months, no more than 1,200 lb of which may be species other than black rockfish or blue/deacon rockfish41 

25 42'00' N lat. - 40'1 0' N lat. 0 lb/ 2 months Minor Nearshore Rock.fish 

26 42'00' N lat. - 40'1 0' N lat. O lb/ 2 months Black rockfish 

27 Linncod61 

28 North of 42° 00' N lat. 5,500 lb/ month 

29 42°00' N lat.-40°10' N lat. 1,000 lb/ month seaward of the non-trawl RCA; 0 lb/ month inside the non-trawl RCA 

30 Pacific cod 1,000 lb/ 2 months 

31 Spiny dogfish 200,000 lb/ 2 months I 150,000 lb/ 2 I 100,000 lb/ 2 months months 

32 Lonanose skate Unlimited 

33 Big skate Unlimited 

34 other Fish61 Unlimited 

35 Cabezon in California O lb/ 2 months 

36 Oreaon Cabezon/Kelp Greenlina Unlimited 

37 SALM ON TROLL (subject to RCAs when retaining all species of groundfish, except for yellowtail rockfish and lingcod, as described below) 

Salmon trollers may retain and land up to 500 lb ofyellowtail rockfish per month as long as salmon is on board, both 

within and outside of the RCA. Salmon trollers may retain and land up to 1 ling cod per 2 Chinook per trip, plus 1 

38 North ling cod per trip, up to a trip limit of 1 O lingcod, on a trip where any fishing occurs within the RCA. The ling cod limit only 

applies during times when lingcod retention is allo\o\Ed, and is not "CLOSED." Theses limits are within the per month 

limits described in the table above, and not in addition to those limits. All groundfish species are subject to the open 

access limits, seasons, size limits and RCA restrictions listed in the table above, unless otherwise stated here. 

39 PINK SHRIMP NON-GROUNDFISH TRAWL (not subject to RCAs) 

Effective April 1 - October 31: Groundfish: 500 lb/day, multiplied by the number of days of the trip, not to exceed 

1,500 lb/trip. The following sublimits also apply and are counted toward the overall 500 lb/day and 1,500 lb/trip 

groundfish limits: lingcod 300 lb/month (minimum 24 inch size limit); sablefish 2,000 lb/month; canary, thomyheads 

40 North and yelloweye rockfish are PROHIBITED. All othergroundfish species taken are managed under the overall 500 

lb/day and 1,500 lb/trip groundfish limits. Landings of these species count toward the per day and per trip groundfish 

limits and do not have species-specific limits. The amount of groundfish landed may not exceed the amount of pink 

shrimp landed. 

1/ The Rockfish Conservation Area is an area closed to fishing by particular gear types, bounded by the EEZ (exclusive economic zone, i.e., federal waters from 3-200 nautical miles from shore) 

or lines specifically defined by latitude and longitude coordinates set out at§§ 660.71-660.74. 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 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. Open access vessels may be allowed to fish inside groundfish conservation areas using hook and line only. 

See§ 660.330 (d) of the regulations for more information. 

21 Minor Shelf and Slope Rockfish complexes are defined at§ 660.11. Bocaccio, chilipepper and cowcod rockfishes are included in the trip limits for Minor Shelf Rockfish. Splitnose 

rockfish is included in the trip limits for Minor Slope Rockfish. 

3/ "other flatfish" are defined at§ 660.11 and include butter sole, curlfin sole, flathead sole, Pacific sanddab, rex sole, rock sole, and sand sole. 

4/ For black rockfish north of Cape Aiava (48°09.50' N lat.), and between Destruction Is. (47°40' N lat.) and Leadbetter Pnt. (46°38.17' N lat.), 

there is an additional limit of 100 lbs or 30 percent by weight of all fish on board, whichever is greater, per vessel, per fishing trip. 

5/ The minimum size limit for lingcod is 22 inches (56 cm) total length North of 42° N lat. and 22 inches (56 cm) South of 42° N lat. 

6/ "other fish" are defined at§ 660.11 and include kelp green ling off California and leopard shark. 

7/ Open access vessels may be allowed to fish inside groundfish conservation areas using hook and line only. See§ 660.330 (d) of the regulations for more information. 

To convert pounds to kilograms, divide by 2.20462, the number of pounds in one kilogram. 

-I 

)> 

CD 

rm 

w 

--z 

0 

.. 

.. 

:::r 
Federal Register / Vol. 88, No. 230 / Friday, December 1, 2023 / Rules and Regulations 83857 


lotter on DSK11XQN23PROD with RULES1ER01DE23.005</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 reauirements aoolv -- Read &&660 10 throuah 660 399 before usina this table 1/1/2024 

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

Rockfish Conservation Area I RC Al": I I I I I I I I I I I 

1 40"10' N lat. -36"00' N lat. Shoreward EEZ11 - 75 fm line11 

2 36"00' N lat. -34"27' N lat. 50 fm line11 - 75 fm line 11 

3 South of 34 "27' N lat. 100 fm line11 -150 fm line11 (also aoolies around islands and banks) 

See §§660.60 and 660.230 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, YRCAs, Farallon Islands, Cordell Bank, and EFHCAs). 

4 Minor Slope Rockfish2.1 & Darkblotched 10,000 lb/2 months, of which no more than 2,500 lb may be blackgill rockfish rockfish 

5 Salitnose rockfish 200 lb/ month 

6 Sablef"ISh 

7 140°10' N lat. -36°00' N lat. 3,000 lb/ week, not to exceed 6,000 lb/ 2 months 

a I south of 36°00' N lat. 2,000 lb/week, not to exceed 6,000 lb/ 2 months 

9 Short0ine thornvheads 

10 140"10' N lat. -34"27' N lat. 50 lb/ month 

11 Lonas0ine thomvheads 

12 140"10' N lat. -34"27' N lat. 50 lb/ month 

13 Shortpine thornyheads and longspine 

thornvheads 

14 I South of 34°27' N lat. 100 lb/ day, no more than 1,000 lb/ 2 months 

Dover sole, arrowtooth flounder, petrale 

15 sole, English sole, starry flounder, Other 5,000 lb/ month 

-I Flatflsh3181 

16 Other Flatfish31 )> 

17 140°10' N lat. -36°00' N lat. 5,000 lb/ month DJ 18 I South of 36°00' N lat. 5,000 lb/ month seaward of the non-trawl RCA; O lb/month inside the non-traw1 RCA r- 19 Whitina 300 lb/ month m 20 Minor Shelf Rockfish21 

21 140"10' N lat. -34"27' N lat. 3,000 lb/ 2 months, of which no more than 300 lb mav be vem,ilionfsunset 

22 I South of 34 "27' N lat. 3,000 lb/ 2 months, of which no more than 900 lb may be vem,ilionfsunset w 23 Widow rockfish 

24 I 40°10' N lat. -34°27' N lat. 6,000 lb/ 2 months i25 I South of 34°27' N lat. 4,000 lb/ 2 months (/) 

26 Chilipepper rockfish 0 27 140"10' N lat. -34"27' N lat. 6,000 lb/ 2 months C 28 I South of 34 "27' N lat. 4,000 lb/ 2 months .... 29 Canarv rockfish 1,500 lb/ 2 months ::I" 30 Yelloweve rockflsh CLOSED I....., 

31 Cowcod CLOSED 

32 Bronzespotted rockfish CLOSED 

33 Quillback rockfish O lb/2 months 

34 Bocaccio 6,000 lb/ 2 months 

35 Minor Nearshore Rockfish 

36 40"1 O' N lat. - 36"00' N lat. Shallow nearshore~ o lb/2 months 

37 South of 36°00' N lat. Shallow nearshore41 2,000 lb/ 2 months 

38 40"1 O' N lat. - 36"00' N lat. Deeper nearshore~ o lb/2 months 

39 South of 36°00' N lat. Deeoer nearshore51 2,000 lb/ 2 months, of which no more than 75 lb may be copper rockfish 

40 California Scoraionfish 3,500 lb/ 2 months 

41 Linacod61 

42 I 40°10' N lat. -36°00" N lat. 700 lb/ month seaward of the non-traw1 RCA; o lb/ month inside the non-trawl RCA 

43 South of 36°00' N lat. 700 lb /month 

44 Pacific cod 1,000 lb/ 2 months 

45 Spiny dogfish 200,000 lb/ 2 months I 150,000 lb/ 2 I 100,000 lb/ 2 months months 

46 Longnose skate Unlimited 

47 Big skate Unlimited 

48 Other Fish71 Unlimited 

49 Cabezon in California 

50 140"10' N lat. -36"00' N lat. o lb/month 

51 I South of 36"00' N lat. Unlimited 
83858 Federal Register / Vol. 88, No. 230 / Friday, December 1, 2023 / Rules and Regulations 


lotter on DSK11XQN23PROD with RULES1ER01DE23.006</GPH>

Table 2 (North) to Part 660, Subpart E --Non-Trawl Rockfish Conservation Areas and Trip Limits for Limited Entry Fixed Gear North of40°10' N lat. 

other limits and requirements apply -- Read §§660 1 0 through 660 399 before using this table 1/1/2024 

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

Rockfish Conservation Area IRCAl11: 

1 North of 46°16' N lat. Shoreward EEZ-100 fm line11 

2 46°16' N lat. -42°00' N lat. 30 fm line 11 - 75 fm line 11 

3 42°00' N lat. - 40°1 0' N lat. Shoreward EEZ - 75 fm line 11 

See §§660.60 and 660.230 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, YRCAs, Farallon Islands, Cordell Bank, and EFHCAs). 

3 Minor Slope Rockfish21 & Darkblotched 

8,000 lb/ 2 months rockfish 

4 Pacific ocean cerch 3,600 lb/ 2 months 

5 Sablefish 4,500 lb/ week, not to exceed 9,000 lb /2 months 

6 Lonasoine thornvhead 10,000 lb/ 2 months 

7 Shortspine thornyhead 2,000 lb/ 2 months I 2,500 lb/ 2 months 

8 Dover sole, arrowtooth flounder, petrale 

sole, English sole, starry flounder 10,000 lb/ month 

9 Other Flatfish31 

10 North of 42°00' N lat 10,000 lb/ month 

11 I 42°00' N lat. -40°1 0' N lat. 10,000 lb/ month seaward of the non-trawl RCA; 0 lb/month inside the non-trawl RCA 

12 Whitina 10,000 lb/tno 

13 Minor Shelf Rockfash21 800 lb/ month 

14 Widow rockfish 4,000 lb/ 2 months 

15 Yellowtail rockfish 3,000 lb/ month 

16 Canary rockfish 3,000 lb/ 2 months 

17 Yelloweve rockfish CLOSED 

18 Quillback rockfish 

19 I 42°00' N lat -40°1 0' N lat O lb/2 months 

20 Minor Nearshore Rockfish Oreaon black/blue/deacon rockfish & black rockfish41 

21 North of 42°00' N lat 5,000 lb/ 2 months, no more than 1,200 lb of which may be species other than black rockfish or blue/deacon 

rockfish31 

-

22 42°00' N lat. -40°1 0' N lat. 

Minor Nearshore Rockfish O lb/2 months 

- 42°00' N lat. -40°1 0' N lat. 23 0 lb/2 months Black Rockfish 

24 Linncod51 

25 North of 42°00' N lat 11,000 lb/ 2 months 

26 I 42°00' N lat. -40°1 0' N lat. 2,000 lb/ 2 months seaward of the non-trawl RCA; o lb/ 2 months inside the non-trawl RCA 

27 Pacific cod 1,000 lb/ 2 months 

28 Spiny dogfish 200,000 lb/ 2 months I 150,000 lb/2 I months 100,000 lb/ 2 months 

29 Lona nose skate Unlimited 

30 Other Fish81 Unlimited 

31 Cabezon in California O lb/2 months 

32 Oreaon Cabezon/Kelo Greenlina Unlimited 

33 Bia skate Unlimited 

1/Tlle Rockfish Conservation Area Is an area closed to fishing by part1culargeartypes, bounded by the EEZ (e>3'.:lus1ve economic zone, 1,e., federal waters from 3-200 nautical miles from shore) 

or lines specifically defined by latitude and longitude coordinates set out at§§ 660.71-660.74. This RCA is not defined by depth contours (with the e>3'.:eption of the 20-fm 

depth contour boundary south of 42° N lat.), 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. LEFG vessels may be allowed to fish inside groundfish conservation areas using non-bottom contact hook and line only. 

See§ 660.230 (d) of the regulations for more information. 

2/ Minor Shelf and Slope Rockfish complexes are defined at§ 660.11. Bocaccio, chilipepper and cowcod are included in the trip limits for Minor Shelf Rockfish. Splitnose rockfish is included 

in the trip limits for Minor Slope Rockfish. 

3/"0lherflatlish" are defined at§ 660.11 and inchxle butter sole, curlfin sole, flathead sole, Pacificsanddab, rexsole, rock sole, and sand sole. 

4/Forblack rockfish north of Cape Aiava (48°09.50' N lat), and between Destruction Is. (47°40' N lat.) and LeadbetterPnt. (46°38.17' N lat.), there is an additional limit 

of100 lb or 30 percent by weight of a II fish on board, whichever is greater, per vessel, per fishing trip. 

5/Tlle minimum size limit forlingcod is 22 inches (58 cm) total length North of42° N lat. and 22 inches (56 cm) total length South of42° N lat. 

6/"0lher Fish" are defined at§ 660.11 and include kelp greenling ofl'Califomia and leopard shark. 

To convert pounds to kllograms, divide by 2.20462, the number of pounds In one kllogram. 

-I 

)> 

DJ 

rm 

N 

-

z 

0 

-, 

-:::r 

_. 
Federal Register / Vol. 88, No. 230 / Friday, December 1, 2023 / Rules and Regulations 83859 

Subpart G [Amended] 

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

references to ‘‘Cordell Banks’’ to read 

‘‘Cordell Bank’’. 

■ 25. Amend § 660.360 by revising 

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

to read as follows: 

§ 660.360 Recreational fishery— 

management measures. 

* * * * * 

(c) * * * 

(3) * * * 

(i) * * * 

(B) Groundfish exclusion areas 

(GEAs). The GEAs are closed areas in 

the Southern California Bight, defined 

by specific latitude and longitude 

coordinates (specified at § 660.70) 

where commercial and recreational 

fishing for groundfish is prohibited. It is 

unlawful to fish for, take and retain, 

possess (except for the purpose of 

continuous transit) or land groundfish 

within the GEAs. Recreational fishing 

gear for targeting groundfish may not be 

deployed while transiting through a 

GEA. If fishing for non-groundfish 

species within a GEA, then no 

groundfish may be on board the vessel. 

* * * * * 

(iv) * * * 

(A) Seasons. Recreational fishing for 

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

flounder is open from January 1 through 


lotter on DSK11XQN23PROD with RULES1ER01DE23.007</GPH>

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. 

Other limits and reauirements aaalv-- Read GG660 10 throuah 660 399 before usina this table 1/1/2024 

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

Rockfish Conservation Area (RCA)11: 

1 40°10' N lat. - 36°00' N lat. Shoreward EEZ11 - 75 frn line11 

2 36°00' N lat. - 34°27' N lat. 50 Im line11 - 75 fm line11 

3 I South of 34°27' N lat. 100 Im line11 - 150 Im line11 /also annlies around islands and banks\ 

See §§660.60 and 660.230 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, YRCAs, Farallon Islands, Cordell Bank, and EFHCAs). 

4 Minor Slope rockfish21 & Darkblotched 40,000 lb/ 2 months, of which no more than 6,000 lb may be blackgill rockfish rockfish 

5 Splitnose rockfish 40,000 lb/ 2 months 

6 Sablefish 

7 40°10' N lat. -36°00' N lat. 4,500 lb/ week, not to exceed 9,000 lb /2 months 

8 South of 36°00' N lat. 2,500 lb/ week 

9 Longspine thomyhead 10,000 lb/2 months 

10 Shortspine thomyhead 

11 40°10' N lat. -34°27' N lat. 2,000 lb/ 2 months I 2,500 lb/ 2 months 

12 South of 34 °27' N lat. 3,000 lb/ 2 months 

13 Dover sole, arrowtooth flounder, petrale sole, 

English sole, starry flounder 10,000 lb/ month 

14 other Flatfish31 

15 I 40°10' N lat. - 36°00' N lat. 10,000 lb/ month 

16 I South of 36°00' N lat. 10,000 lb/ month seaward of the non-trawl RCA; 0 lb/month inside the non-trawl RCA 

17 Whiting 10,000 lb/ trip 

ta Minor Shelf Rockfish21 

19 I 40°10' N lat. -34°27' N lat. 6,000 lb/ 2 months, of which no more than 500 lb mav be vermilion 

20 South of 34 °27' N lat. 6,000 lb/ 2 months, of which no more than 3,000 lb may be vermilion 

21 Widow rockfish 

22 I 40°10' N lat. -34°27' N lat. 10,000 lb/2 months 

23 South of 34 °27' N lat. 8,000 lb/ 2 months 

24 Chilipepper rockfish 

25 I 40°10' N lat. -34°27' N lat. 10,000 lb. / 2 months 

26 South of 34 °27' N lat. 8,000 lb. / 2 months 

27 Canary rockfish 3,500 lb/ 2 months 

28 Yelloweve rockfish CLOSED 

29 Quillback rockfish 0 lb/ 2 months 

30 Cowcod CLOSED 

31 Bronzespotted rockfish CLOSED 

32 Bocaccio 8,000 lb/ 2 months 

33 Minor Nearshore Rockfish 

34 40"1 0' N lat. - 36° N lat. Shallow nearshore41 0 lb/ 2 months 

35 South of 36° N lat. Shallow nearshore41 2,000 lb/ 2 months 

36 40"1 0' N lat. - 36° N lat. Deeper nearshore51 0 lb/ 2 months 

37 South of 36° N lat. Deeper nearshore51 2,000 lb/ 2 months, of which no more than 75 lb may be copper rockfish 

38 California Scorpionfish 3,500 lb/ 2 months 

39 Linacod81 

40 I 40"1 0' N lat. - 36° N lat. 1,600 lb / 2 months seaward of the non-trawl RCA; 0 lb / 2 months inside the non-trawl RCA 

41 South of 36° N lat. 1,600 lb/ 2 months 

42 Pacific cod 1,000 lb/ 2 months 

43 Spiny dogfish 200,000 lb/ 2 months I 150,000 lb/ 2 

months I 44 Longnose skate Unlimited 

45 other Fish71 0 lb / 2 months 

48 Cabezon in California 

47 40°10' N lat. - 36° N lat. 0 lb/ 2 months 

48 South of 36° N lat. Unlimited 

49 Big Skate 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 (with the exception of the 20-fm 

depth contour boundary south of 42° N lat.), 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. LEFG vessels may be allowed to fish inside groundfish conservation areas using non-bottom contact hook and line only. 

See § 660.230 (d) of the regulations for more information. 

100,000 lb/ 2 months 

21 Minor Shelf and Slope Roclcfish complexes are defined at§ 660.11. Pacific ocean perch is included in the trip limits for Minor Slope Rocldish. Blackgill roclcfish 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 Rocldish. Bronzespotted 

rockfish have a species specific trip limit. 

3/ "Other Flatfish" are defined at§ 660.11 and include butter sole, curlfin 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 ). 

5/ "Deeper Nearshore" are defined at§ 660.11 under "Groundfish" (7)(i)(B)(2). 

6/ The commercial mimimum size limit for lingcod is 22 inches (56 cm) total length South of 42° N lat. 

7/ "Other Fish" are defined at§ 660.11 and include kelp greenling off California and leopard shark. 

To convert pounds to kilograms, divide by 2.20462, the number of pounds in one kilogram. 

-I 

)> 

m 

r 

m 

I\) 

-

en 

0 

C: 

.... 

:::r 

-
83860 Federal Register / Vol. 88, No. 230 / Friday, December 1, 2023 / Rules and Regulations 

December 31. When recreational fishing 

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

starry flounder is open, it is permitted 

both outside and within the recreational 

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

this section. 

* * * * * 

[FR Doc. 2023–25905 Filed 11–30–23; 8:45 am] 

BILLING CODE 3510–22–C 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 622 

[Docket No. 231127–0277] 

RIN 0648–BM03 

Fisheries of the Caribbean, Gulf of 

Mexico, and South Atlantic; SnapperGrouper Fishery of the South Atlantic 

Region; Amendment 51 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Final rule. 

SUMMARY: NMFS issues regulations to 

implement Amendment 51 to the 

Fishery Management Plan for the 

Snapper-Grouper Fishery of the South 

Atlantic Region, as prepared and 

submitted by the South Atlantic Fishery 

Management Council. For snowy 

grouper, this final rule revises the sector 

annual catch limits (ACLs), commercial 

seasonal quotas, recreational fishing 

season, and recreational accountability 

measures. In addition, Amendment 51 

revises the overfishing limit for snowy 

grouper, the acceptable biological catch, 

annual optimum yield (OY), and sector 

allocations of the total ACL. The 

purpose of this final rule and 

Amendment 51 is to end overfishing of 

snowy grouper, rebuild the stock, and 

achieve OY while minimizing, to the 

extent practicable, adverse economic 

impacts on fishing communities. 

DATES: This final rule is effective 

January 2, 2024. 

ADDRESSES: An electronic copy of 

Amendment 51, which includes a 

fishery impact statement and a 

regulatory impact review, may be 

obtained from the Southeast Regional 

Office website at https://www.fisheries.

noaa.gov/node/151366. 

FOR FURTHER INFORMATION CONTACT: Rick 

DeVictor, telephone: 727–824–5305, or 

email: rick.devictor@noaa.gov. 

SUPPLEMENTARY INFORMATION: The South 

Atlantic snapper-grouper fishery 

includes snowy grouper and is managed 

under the Fishery Management Plan for 

the Snapper-Grouper Fishery of the 

South Atlantic Region (FMP). The FMP 

was prepared by the South Atlantic 

Fishery Management Council (Council) 

and is implemented by NMFS through 

regulations at 50 CFR part 622 under the 

authority of the Magnuson-Stevens 

Fishery Conservation and Management 

Act (Magnuson-Stevens Act). 

Background 

The Magnuson-Stevens Act requires 

that NMFS and the regional fishery 

management councils prevent 

overfishing and achieve, on a 

continuing basis, the OY from federally 

managed fish stocks. These mandates 

are intended to ensure that fishery 

resources are managed for the greatest 

overall benefit to the Nation, 

particularly with respect to providing 

food production and recreational 

opportunities and protecting marine 

ecosystems. To further this goal, the 

Magnuson-Stevens Act requires fishery 

managers to minimize bycatch and 

bycatch mortality to the extent 

practicable. 

On May 22, 2023, NMFS published a 

notice of availability for Amendment 51 

and requested public comment (88 FR 

32717). On May 30, 2023, NMFS 

published a proposed rule for 

Amendment 51 and requested public 

comment (88 FR 34460). NMFS 

approved Amendment 51 on August 17, 

2023. The proposed rule and 

Amendment 51 outline the rationale for 

the actions contained in this final rule. 

A summary of the management 

measures described in Amendment 51 

and implemented by this final rule is 

described below. 

All weights described in this final 

rule are in gutted weight. 

In 2004, a stock assessment for snowy 

grouper was completed through the 

Southeast Data, Assessment, and 

Review (SEDAR) process (SEDAR 4), 

and NMFS determined that the stock 

was subject to overfishing and was 

overfished. As a result of that stock 

status, the final rule for Amendment 

13C to the FMP implemented 

management measures to end 

overfishing (71 FR 55096, September 21, 

2006), and Amendment 15A to the FMP 

established a rebuilding plan for the 

snowy grouper stock (73 FR 14942, 

March 20, 2008). The rebuilding plan 

year started in 2006 with a target time 

of 34 years to rebuild the snowy grouper 

stock. 

The snowy grouper stock was 

assessed again in 2013 through SEDAR 

36 and was determined to not be 

undergoing overfishing. Although the 

stock was overfished, it was rebuilding. 

In response to the assessment and a 

subsequent acceptable biological catch 

(ABC) recommendation by the Council’s 

Scientific and Statistical Committee 

(SSC), management actions were 

implemented through the final rule for 

Regulatory Amendment 20 to the FMP 

(80 FR 43033, July 21, 2015). Regulatory 

Amendment 20 and its implementing 

final rule increased the ACL by setting 

it equal to the ABC and OY, increased 

the commercial trip limit to 200 lb (91 

kg), and modified the recreational 

fishing season from the calendar year to 

May through August. 

The most recent SEDAR stock 

assessment for South Atlantic snowy 

grouper (SEDAR 36 Update) was 

completed in 2021 and included data 

through 2018. The assessment used 

revised estimates for recreational catch 

from the Marine Recreational 

Information Program (MRIP) based on 

the Fishing Effort Survey (FES). In 2018, 

the MRIP fully transitioned its 

estimation of recreational effort to the 

mail-based FES. Previous estimates of 

recreational catch for snowy grouper 

were made using MRIP’s Coastal 

Household Telephone Survey (CHTS) 

phone call-based methodology. As 

explained in Amendment 51, total 

recreational fishing effort estimates 

generated from the MRIP–FES are 

different than those from the MRIP– 

CHTS and other earlier survey methods. 

This difference in estimates is because 

the MRIP–FES is designed to measure 

fishing activity more accurately, not 

because there was a sudden change in 

fishing effort. The MRIP–FES is 

considered a more reliable estimate of 

recreational effort by the Council’s SSC, 

the Council, and NMFS, and more 

robust compared to the MRIP–CHTS 

method. The SSC reviewed the SEDAR 

36 Update and found that the 

assessment was conducted using the 

best scientific information available, 

and was adequate for determining stock 

status and supporting fishing level 

recommendations. The findings of the 

assessment indicated that the South 

Atlantic snowy grouper stock remains 

overfished and is undergoing 

overfishing. 

Following a notification from NMFS 

to a fishery management council that a 

stock is undergoing overfishing and is 

overfished, the Magnuson-Stevens Act 

requires the fishery management 

council to develop an FMP amendment 

with actions that immediately end 

overfishing and rebuild the affected 

stock. In a letter dated June 10, 2021, 

NMFS notified the Council that the 

snowy grouper stock is overfished and 

undergoing overfishing but continues to 

rebuild, and the Council subsequently 


lotter on DSK11XQN23PROD with RULES1