[Code of Federal Regulations] [Title 50, Volume 9] [Revised as of January 1, 2006] From the U.S. Government Printing Office via GPO Access [CITE: 50CFR660.383] [Page 63-67] TITLE 50--WILDLIFE AND FISHERIES DEPARTMENT OF COMMERCE (CONTINUED) PART 660_FISHERIES OFF WEST COAST STATES--Table of Contents Subpart G_West Coast Groundfish Fisheries Sec. 660.383 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 5 (North) and 5 (South) of this subpart), size limits (see Sec. 660.370(h)(5)), seasons, gear restrictions (see paragraph (b) of this section), and closed areas (see paragraph (c) of this section and Sec. Sec. 660.390 through 660.394). 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 CCA restrictions (see paragraph (c)(2) of this section and Sec. 660.390). Retention of yelloweye rockfish and canary rockfish is prohibited in all open access fisheries. For information on the open access daily/weekly trip limit fishery for sablefish, see Sec. 660.372(c) and the trip limits in Tables 5 (North) and 5 (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 Sec. 660.371. The trip limits in Table 5 (North) and Table 5 (South) of this subpart apply to vessels participating in the open access fisheries and may not be exceeded. Federal commercial groundfish regulations are not intended to supersede any more restrictive state commercial groundfish regulations relating to federally managed groundfish. (b) Gear restrictions. Open access gear is gear used to take and retain groundfish from a vessel that does not have a valid permit for the Pacific Coast groundfish fishery with an endorsement for the gear used to harvest the groundfish. This includes longline, trap, pot, hook- and-line (fixed or mobile), setnet (anchored gillnet or trammel net, which are permissible south of 38[deg] N. lat. only), spear and non- groundfish trawl gear (trawls used to target non-groundfish species: pink shrimp or ridgeback prawns, and, south of Pt. Arena, CA (38[deg]57.50[min] N. lat.), California halibut or sea cucumbers). Restrictions for gears used in the open access fisheries are as follows: (1) Non-groundfish trawl gear. Non-groundfish trawl gear is any trawl gear other than limited entry groundfish trawl gear as described at Sec. 660.381(b) [[Page 64]] and as defined at Sec. 660.302 for trawl vessels with limited entry groundfish permits. Non-groundfish trawl gear is generally trawl gear used to target pink shrimp, ridgeback prawn, California halibut and sea cucumber. Non-groundfish trawl gear is exempt from the limited entry trawl gear restrictions at Sec. 660.381(b). (2) Fixed gear. (i) Fixed gear (longline, trap or pot, set net and stationary hook-and-line gear, including commercial vertical hook-and- line gear) must be: (A) Marked at the surface, at each terminal end, with a pole, flag, light, radar reflector, and a buoy except as provided in paragraph (b)(3)(ii) of this section. (B) Attended at least once every 7 days. (ii) Commercial vertical hook-and-line gear that is closely tended may be marked only with a single buoy of sufficient size to float the gear. ``Closely tended'' means that a vessel is within visual sighting distance or within 0.25 nm (463 m) as determined by electronic navigational equipment, of its commercial vertical hook-and-line gear. (iii) A buoy used to mark fixed gear under paragraph (b)(3)(i)(A) or (b)(3)(ii) of this section must be marked with a number clearly identifying the owner or operator of the vessel. The number may be either: (A) If required by applicable state law, the vessel's number, the commercial fishing license number, or buoy brand number; or (B) The vessel documentation number issued by the USCG, or, for an undocumented vessel, the vessel registration number issued by the state. (3) Set nets. Fishing for groundfish with set nets is prohibited in the fishery management area north of 38[deg]00.00[min] N. lat. (4) Traps or pots. Traps must have biodegradable escape panels constructed with 21 or smaller untreated cotton twine in such a manner that an opening at least 8 inches (20.3 cm) in diameter results when the twine deteriorates. (5) Spears. Spears may be propelled by hand or by mechanical means. (c) Open Access Groundfish Conservation Areas. A Groundfish Conservation Area (GCA), a type of closed area, is a geographic area defined by coordinates expressed in degrees latitude and longitude. The following GCAs apply to participants in the open access fishery. (1) Yelloweye Rockfish Conservation Area. The latitude and longitude coordinates of the Yelloweye Rockfish Conservation Area (YRCA) boundaries are specified at Sec. 660.390. The YRCA is designated as an area to be avoided (a voluntary closure) by commercial fixed gear fishermen. (2) Cowcod Conservation Areas. The latitude and longitude coordinates of the Cowcod Conservation Areas (CCAs) boundaries are specified at Sec. 660.390. Fishing with open access gear is prohibited within the CCAs, except that fishing for ``other flatfish'' is permitted within the CCAs using no more than 12 hooks, ``Number 2'' or smaller, which measure no more than 11 mm (0.44 inches) point to shank, and up to two 1-lb (0.45-kg) weights per line. Fishing with open access gear, except trawl gear, for rockfish and lingcod is permitted shoreward of the 20-fm (37-m) depth contour. It is unlawful to take and retain, possess, or land groundfish within the CCAs, except for species authorized in this paragraph caught according to gear requirements in this paragraph, when those waters are open to fishing. Commercial fishing vessels may transit through the Western CCA with their gear stowed and groundfish on board only in a corridor through the Western CCA bounded on the north by the latitude line at 33[deg]00.50[min] N. lat., and bounded on the south by the latitude line at 32[deg]59.50[min] N. lat. (3) Non-trawl Rockfish Conservation Areas for the open access fisheries. Fishing for groundfish with non-trawl gear (limited entry or open access longline and pot or trap, open access hook-and-line, gillnet, set net, trammel net and spear) is prohibited within the non- trawl rockfish conservation area (RCA), except that commercial fishing for ``other flatfish'' is permitted within the non-trawl RCA off California (between 42[deg] N. lat. south to the U.S./Mexico border) using no more than 12 hooks, ``Number 2'' or smaller, which measure no more than 11 mm (0.44 inches) point to shank, and up to two [[Page 65]] 1-lb (0.45-kg) weights per line. It is unlawful to take and retain, possess, or land groundfish taken with non-trawl gear within the non- trawl RCA, unless otherwise authorized in this section. Open access non- trawl gear vessels may transit through the non-trawl RCA, with or without groundfish on board. These restrictions do not apply to vessels fishing for species other than groundfish with non-trawl gear, although non-trawl vessels on a fishing trip for species other than groundfish that occurs within the non-trawl RCA may not retain any groundfish taken on that trip. If a vessel fishes in the non-trawl RCA, it may not participate in any fishing on that trip that is prohibited by the restrictions that apply within the non-trawl RCA. Retention of groundfish caught by salmon troll gear is prohibited in the designated RCAs, except that salmon trollers may retain yellowtail rockfish caught both inside and outside the non-trawl RCA subject to the limits in Tables 5 (North) and 5 (South) of this subpart. Boundaries for the non- trawl RCA throughout the year are provided in the open access trip limit tables, Table 5 (North) and Table 5(South) of this subpart and may be modified by NMFS inseason pursuant to Sec. 660.370(c). Non-trawl RCA boundaries are defined by specific latitude and longitude coordinates which are specified at Sec. Sec. 660.390 through 660.394. (4) Non-groundfish Trawl Rockfish Conservation Areas for the open access non-groundfish trawl fisheries. (i) Fishing with any non- groundfish trawl gear in the open access fisheries is prohibited within the non-groundfish trawl RCA coastwide, except as authorized in this paragraph. Trawlers operating in the open access fisheries with legal groundfish trawl gear are considered to be operating in the non- groundfish trawl fishery and are, therefore, prohibited from fishing in the non-groundfish trawl RCA. Coastwide, it is unlawful to take and retain, possess, or land any species of fish taken with non-groundfish trawl gear within the non-groundfish trawl RCA, except as permitted in this paragraph for vessels participating in the pink shrimp and ridgeback prawn trawl fisheries. Boundaries for the non-groundfish trawl RCA throughout the year in the open access fishery are provided in Table 5 (North) and Table 5 (South) of this subpart and may be modified by NMFS inseason pursuant to Sec. 660.370(c). Non-groundfish trawl RCA boundaries are defined by specific latitude and longitude coordinates which are specified below at Sec. Sec. 660.390 through 660.394. The non-groundfish trawl RCA is closed coastwide to open access non- groundfish trawl fishing, except as follows: (A) Pink shrimp trawling is permitted in the non-groundfish trawl RCA, and (B) When the shoreward line of the non-groundfish trawl RCA is shallower than 100-fm (183-m), the ridgeback prawn trawl fishery south of 34[deg]27.00[min] N. lat. may operate out to the 100-fm (183-m) boundary line specified at Sec. 660.393 (i.e., the shoreward boundary of the non-groundfish trawl RCA is at the 100-fm (183-m) boundary line all year for the ridgeback prawn trawl fishery in this area). (ii) For the non-groundfish trawl gear fisheries, non-groundfish trawl RCAs, if applicable, are generally described in the non-groundfish trawl gear sections at the bottom of Tables 5 (North) and 5 (South) of this subpart. Retention of groundfish caught by non-groundfish trawl gear is prohibited in the designated RCAs, except that: (A) pink shrimp trawl may retain groundfish caught both within and shoreward and seaward of the non-groundfish trawl RCA subject to the limits in Tables 5 (North) and 5 (South) of this subpart, and (B) South of 34 27[min] N. lat., ridgeback prawn trawl may retain groundfish caught both within the non-groundfish trawl RCA out to 100-fm (183-m) when the shoreward boundary of the non-groundfish trawl RCA is shallower than 100-fm (183-m) (i.e., the shoreward boundary of the non- groundfish trawl RCA is at the 100-fm (183-m) boundary line all year for the ridgeback prawn trawl fishery in this area) and shoreward and seaward of the non-groundfish trawl RCA subject to the limits in Tables 5 (North) and 5 (South) of this subpart. (iii) If a vessel fishes in the non-groundfish trawl RCA, it may not participate in any fishing on that trip that [[Page 66]] is prohibited by the restrictions that apply within the non-groundfish trawl RCA. [For example, if a vessel participates in the pink shrimp fishery within the RCA, the vessel cannot on the same trip participate in the DTS fishery seaward of the RCA.] Nothing in these Federal regulations supercedes any state regulations that may prohibit trawling shoreward of the 3-nm state waters boundary line. (5) 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, except that commercial fishing for ``other flatfish'' is permitted around the Farallon Islands using no more than 12 hooks, ``Number 2'' or smaller, which measure no more than 11 mm (0.44 inches) point to shank, and up to two 1-lb (0.45- kg) weights per line. (See Table 5 (South) of this subpart.) For a definition of the Farallon Islands, see Sec. 660.390. (6) Cordell Banks. Commercial fishing for groundfish is prohibited in waters less than 100 fm (183 m) around Cordell Banks as defined by specific latitude and longitude coordinates at Sec. 660.390, except that commercial fishing for ``other flatfish'' is permitted around Cordell Banks using no more than 12 hooks, ``Number 2'' or smaller, which measure no more than 11 mm (0.44 inches) point to shank, and up to two 1-lb (0.45-kg) weights per line. [Note: California state regulations also prohibit fishing for all greenlings of the genus Hexagrammos, California sheephead and ocean whitefish in this area.] (d) Groundfish taken with non-groundfish trawl gear by vessels engaged in fishing for ridgeback prawns, California halibut, or sea cucumbers. Trip limits for groundfish retained in the ridgeback prawn, California halibut, or sea cucumber fisheries are in the open access trip limit table, Table 5 (South) of this subpart. The table also generally describes the RCAs for vessels participating in these fisheries. (1) Participation in the ridgeback prawn fishery. A trawl vessel will be considered participating in the ridgeback prawn fishery if: (i) It is not fishing under a valid Federal limited entry groundfish permit issued under Sec. 660.333 for trawl gear; and (ii) The landing includes ridgeback prawns taken in accordance with California Fish and Game Code, section 8595, which states: ``Prawns or shrimp may be taken for commercial purposes with a trawl net, subject to Article 10 (commencing with Section 8830) of Chapter 3.'' (2) Participation in the California halibut fishery. A trawl vessel will be considered participating in the California halibut fishery if: (i) It is not fishing under a valid Federal limited entry groundfish permit issued under Sec. 660.333 for trawl gear; (ii) All fishing on the trip takes place south of Pt. Arena, CA (38[deg]57.50[min] N. lat.); and (iii) The landing includes California halibut of a size required by California Fish and Game Code section 8392(a), which states: ``No California halibut may be taken, possessed or sold which measures less than 22 in (56 cm) in total length, unless it weighs 4 lb (1.8144 kg) or more in the round, 3 and one-half lbs (1.587 kg) or more dressed with the head on, or 3 lbs (1.3608 kg) or more dressed with the head off. Total length means the shortest distance between the tip of the jaw or snout, whichever extends farthest while the mouth is closed, and the tip of the longest lobe of the tail, measured while the halibut is lying flat in natural repose, without resort to any force other than the swinging or fanning of the tail.'' (3) Participation in the sea cucumber fishery. A trawl vessel will be considered to be participating in the sea cucumber fishery if: (i) It is not fishing under a valid Federal limited entry groundfish permit issued under Sec. 660.333 for trawl gear; (ii) All fishing on the trip takes place south of Pt. Arena, CA (38[deg]57.50[min] N. lat.); and (iii) The landing includes sea cucumbers taken in accordance with California Fish and Game Code, section 8405, which requires a permit issued by the State of California. [[Page 67]] (e) Groundfish taken with non-groundfish trawl gear by vessels engaged in fishing for pink shrimp. Trip limits for groundfish retained in the pink shrimp fishery are in Tables 5 (North) and 5 (South) of this subpart. Notwithstanding Sec. 660.370(h)(7), a vessel that takes and retains pink shrimp and also takes and retains groundfish in either the limited entry or another open access fishery during the same applicable cumulative limit period that it takes and retains pink shrimp (which may be 1 month or 2 months, depending on the fishery and the time of year), may retain the larger of the two limits, but only if the limit(s) for each gear or fishery are not exceeded when operating in that fishery or with that gear. The limits are not additive; the vessel may not retain a separate trip limit for each fishery. [69 FR 77036, Dec. 23, 2004, as amended at 70 FR 38599, July 5, 2005; 70 FR 65862, Nov. 1, 2005; 71 FR 8497, Feb. 17, 2006; 71 FR 24605, Apr. 26, 2006]