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Federal Register / Vol. 86, No. 150 / Monday, August 9, 2021 / Proposed Rules Addition of Fisheries NMFS proposes to add the WA/OR/
CA other groundfish pot fishery as a Category III fishery. This new Category III fishery includes pot fishing effort from the previously named Category III
CA nearshore finfish live trap/hook-andline fishery and other groundfish pot fishing effort separate from the sablefish pot fishery that is not currently included on the LOF.
The groundfish pot fishery other than sablefish in WA/OR/CA targets close to 100 different species that generally live on or near the bottom. There are over 60
different rockfish species, which includes widow, yellowtail, canary, chilipepper, yelloweye, and vermilion rockfish. Important species of flatfish include Dover sole, petrale sole, starry and arrowtooth flounder, and Pacific sanddab. Other target species include boccaccio, cowcod, thornyheads, and Pacific Ocean perch. Due to the variety of species, there is significant variation in the areas and depths where the gear is fished. Depths can range from 11722
fathoms 201,300 meters. The locations where fishermen are allowed to fish are limited by federal and statedesignated conservation areas e.g., the Rockfish Conservation Area. The fishery operates year-round.
The traps can be either rectangular, conical or trapezoidal in shape. Conical traps are typically 3672 inches 91182
centimeters in diameter. In California, the diameter limit is 92 inches 233
centimeters maximum. All traps are between 2832 inches 7181
centimeters in height. A destructive device capable of leaving an 8-inch 20
centimeter in diameter opening is required. Line consists of a nylon or nylon poly-blend material of 3858 inch diameter, attached to a string of pots/
traps on one end, and a large polyball at the surface. The open access fishery uses 18 strings of 34 pots; the limited entry fishery uses 2030 of these strings.
Whether traps are used individually or in a string, it is mandatory that the surface end or terminal end be marked with a pole, flag, radar reflector, and a buoy. In California, the license number of the fisher is displayed on the polyball with an accompanying B. The gear must be attended to at least once every 7 days.
There are over 100 species managed under the Pacific Fishery Management Councils PFMC Pacific Coast Groundfish FMP. It outlines the areas, species, regulations, and the process that is used to make changes to the fishery. The plan also creates guidelines for the biennial process of setting harvest levels. The fishery is managed
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under two sectors; limited entry and open access. Both sectors generally share regulations applied to other groundfish fisheries such as, quotas, harvest guidelines, trip and landing limits, area restrictions, seasonal closures, and gear restrictions.
Access to the limited entry fishery requires a limited entry permit, in addition to gear endorsements required by the individual states. Specifically, there is a limited entry permit with a non-sablefish fixed gear endorsement.
Individual vessel landing limits are enforced. Open access privileges are currently available to any fishermen with the required state gear endorsements, but catch quotas and area closures are more restrictive than the primary limited entry permit. Open access quotas vary based upon the area fished.
There are currently 68 participants in this fishery. In the Open Access fixed gear fishery, observer coverage rates during 20092018 ranged from 212
percent. Historically, there have been no documented marine mammal mortalities or injuries incidental to the components of this fishery. Therefore, NMFS proposes to add this fishery as a Category III fishery.
NMFS proposes to add the CA other crab/shellfish pot fishery as a Category III fishery. This new Category III fishery targets several species of crab e.g., spider or sheep, Tanner crab and other shellfish species e.g., Kellets whelk using trap/pot gear.
The majority of effort for Tanner crabs occurs in northern California out of Eureka and Crescent City. Otherwise, most of the components of this fishery are primarily active south of Point Conception from Santa Barbara to San Diego.
Tanner crab pots/traps are larger up to 10 ft 3 m x 10 ft 3 m than those used to target other species, with a depth of no more than 42 inches 107
centimeters. The traps consist either of 3 mm polyethylene web or vinyl-coated steel wire with at least three openings of 4.5 inches 11 centimeters inside diameter on the sides and upper panel of the trap, to allow undersized crabs to escape. Up to 480 traps can be used per permitted vessel, with a maximum of 80
traps used per a single string. Every string of traps is marked with a buoy on each end, and each buoy is marked with the vessels commercial boat registration number preceded by the letters TC.
The gear used to target other species in this fishery are generally similar to pots/traps used to catch other prominent shellfish species that include Dungeness crab, rock crab, and spiny lobster. Destructive devices that create
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an unobstructed opening anywhere in the top or upper half of the trap when the material corrodes or fails are required. Most traps are fished singularly, but strings of 525 traps may be used to target some species.
A Tanner crab trap vessel permit is required by the state of California. There is a 5-inch 12.7 centimeters minimum carapace size limit, and measuring devices should be present on the vessel at all times. Only males are allowed to be retained. The cumulative trip limits for each permitted vessel are 250,000
pounds 113,398 kilograms of whole crab over each 2-month period. There is an annual catch limit of 2 million pounds for the period from April 1 to March 31 of the following year. When the limit is close to being reached, the State can give notice of at least 10 days before the closure. No finfish other than sablefish are allowed to be retained under the Tanner crab permit. Observers and logbooks are required for the Tanner crab fishery.
Spider crab and other species can be landed under a general trap permit from the State of California. The total allowable catch of spider crab for the entire state is 95,000 pounds 43,091
kilograms landed during a calendar year.
There are currently 40 participants in this fishery. There is partial observer coverage for this fishery, there have been no documented marine mammal mortalities or injuries from stranding or other data. Therefore, NMFS proposes to add this fishery as a Category III fishery.
NMFS proposes to add the CA/OR/
WA non-albacore Highly Migratory Species HMS hook and line fishery as a Category III fishery. This new Category III fishery includes hook and line fishing gear not covered by fisheries currently included on the LOF. Fishing effort using troll and other surface hook and line gear targeting HMS are not captured in the two currently named HMS hook and line fisheries on the LOF
Category III WA/OR/CA albacore surface hook and line/troll fishery and Category III CA pelagic longline fishery.
Hook and line fisheries for nonalbacore HMS species occur in Federal waters 3200 nm, mostly in the Southern California Bight with very little effort occurring north of Point Conception. The species targeted include swordfish, tuna bluefin and yellowfin, thresher shark common, bigeye, and pelagic, shortfin mako shark, dorado, and opah.
The fisheries operate year-round.
Fishing effort generally starts during late spring/early summer and starts dropping off towards late fall/early winter, depending on the availability
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