Proposed Rule2022-23849
Fisheries of the Exclusive Economic Zone Off Alaska; Amendment 124 to the BSAI FMP for Groundfish and Amendment 112 to the GOA FMP for Groundfish To Revise IFQ Program Regulations
Primary source
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Published
November 2, 2022
Issuing agencies
Commerce DepartmentNational Oceanic and Atmospheric Administration
Abstract
The North Pacific Fishery Management Council (Council) submitted Amendment 124 to the Fishery Management Plan for Groundfish of the Bering Sea and Aleutian Islands Management Area (BSAI FMP) and Amendment 112 to the Fishery Management Plan for Groundfish of the Gulf of Alaska (GOA FMP) to the Secretary of Commerce for review. If approved, Amendment 124 to the BSAI FMP and Amendment 112 to the GOA FMP would authorize the use of jig gear in the sablefish individual fishing quota (IFQ) and community development quota (CDQ) programs. Amendment 124 would also remove the residency requirements for Community Quota Entity (CQE). These amendments are intended to promote the goals and objectives of the Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-Stevens Act), the FMPs, and other applicable laws.
Full Text
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<title>Federal Register, Volume 87 Issue 211 (Wednesday, November 2, 2022)</title>
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[Federal Register Volume 87, Number 211 (Wednesday, November 2, 2022)]
[Proposed Rules]
[Pages 66125-66126]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-23849]
[[Page 66125]]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 679
RIN 0648-BL54
Fisheries of the Exclusive Economic Zone Off Alaska; Amendment
124 to the BSAI FMP for Groundfish and Amendment 112 to the GOA FMP for
Groundfish To Revise IFQ Program Regulations
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Notice of availability of fishery management plan amendment;
request for comments.
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SUMMARY: The North Pacific Fishery Management Council (Council)
submitted Amendment 124 to the Fishery Management Plan for Groundfish
of the Bering Sea and Aleutian Islands Management Area (BSAI FMP) and
Amendment 112 to the Fishery Management Plan for Groundfish of the Gulf
of Alaska (GOA FMP) to the Secretary of Commerce for review. If
approved, Amendment 124 to the BSAI FMP and Amendment 112 to the GOA
FMP would authorize the use of jig gear in the sablefish individual
fishing quota (IFQ) and community development quota (CDQ) programs.
Amendment 124 would also remove the residency requirements for
Community Quota Entity (CQE). These amendments are intended to promote
the goals and objectives of the Magnuson-Stevens Fishery Conservation
and Management Act (Magnuson-Stevens Act), the FMPs, and other
applicable laws.
DATES: Submit comments on or before January 3, 2023
ADDRESSES: You may submit comments on this document, identified by
[NOAA-NMFS-2022-0092], by any of the following methods:
<bullet> Electronic Submission: Submit all electronic public
comments via the Federal e-Rulemaking Portal. Go to <a href="https://www.regulations.gov">https://www.regulations.gov</a> and enter [NOAA-NMFS-2022-0092] in the Search box.
Click on the ``Comment'' icon, complete the required fields, and enter
or attach your comments.
<bullet> Mail: Submit written comments to the Assistant Regional
Administrator, Sustainable Fisheries Division, Alaska Region NMFS. Mail
comments to P.O. Box 21668, Juneau, AK 99802-1668.
Instructions: Comments sent by any other method, to any other
address or individual, or received after the end of the comment period,
may not be considered by NMFS. All comments received are a part of the
public record and will generally be posted for public viewing on
<a href="http://www.regulations.gov">www.regulations.gov</a> without change. All personal identifying
information (e.g., name, address, etc.), confidential business
information, or otherwise sensitive information submitted voluntarily
by the sender will be publicly accessible. NMFS will accept anonymous
comments (enter ``N/A'' in the required fields if you wish to remain
anonymous).
Electronic copies of the FMP Amendments, the Environmental
Assessment/Regulatory Impact Review (herein referred to as the
``Analysis''), and the Finding of No significant Impact (FONSI)
prepared for this action are available from <a href="http://www.regulations.gov">www.regulations.gov</a> or from
the NMFS Alaska Region website at <a href="https://www.fisheries.noaa.gov/region/alaska">https://www.fisheries.noaa.gov/region/alaska</a>.
FOR FURTHER INFORMATION CONTACT: Abby Jahn, 907-586-7228 or
<a href="/cdn-cgi/l/email-protection#debfbcbca7f0b4bfb6b09eb0b1bfbff0b9b1a8"><span class="__cf_email__" data-cfemail="335251514a1d59525b5d735d5c52521d545c45">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION: NMFS manages the groundfish fisheries of the
BSAI under the BSAI FMP and the GOA under the GOA FMP. The North
Pacific Fishery Management Council (Council) prepared, and the
Secretary of Commerce (Secretary) approved, the BSAI FMP and GOA FMP
under the authority of the Magnuson-Stevens Act (16 U.S.C. 1801 et
seq.). The Magnuson-Stevens Act requires that each regional fishery
management council submit any FMP amendment prepared to NMFS for review
and approval, disapproval, or partial approval by the Secretary of
Commerce. The Magnuson-Stevens Act also requires that NMFS, upon
receiving a FMP amendment, immediately publish a document in the
Federal Register announcing that the amendment is available for public
review and comment. This notice announces that the proposed amendments
are available for public review and comment.
Amendment 124 to the BSAI FMP would authorize jig gear for the
harvest of sablefish IFQ and CDQ in the BSAI. Amendment 112 to the GOA
FMP would authorize jig gear for the harvest of sablefish IFQ and CDQ
in the GOA. These FMP revisions specific to the IFQ Program and CDQ
Program would increase allowable gear types for fishery participants
and provide an additional opportunity for entry-level participation.
These FMP revisions would also provide consistency across fixed gear
terminology for both FMPs so that it is clear that jig gear is an
allowable gear type and is a separate category from other fixed gear
types.
Amendment 124 to the BSAI FMP would also remove reference to
specific residency requirement and lease provisions for the CQE Program
and defer to regulations. This would allow any future regulatory
changes to be implemented without an FMP amendment.
Amendment 124 to the BSAI FMP would amend Section 3.2.4.3 of the
FMP to authorize jig gear to harvest sablefish in the BSAI sablefish
IFQ and CDQ fisheries. This amendment would add jig gear to the list of
fixed gear types. Section 3.7.1.8.4 would be revised to remove the
reference to residency requirements for leasing quota share (QS) and
adding a sentence which defers to regulations for CQEs that both own
and wish to lease QS.
Amendment 112 to the GOA FMP would amend Table ES-2, Section
3.2.3.4.3.3.1, 3.4.2, 3.7.1.1, and 4.1.2.3 to authorize jig gear to
harvest sablefish in the GOA sablefish IFQ and CDQ fisheries. This
amendment would add jig gear as a separate gear category from longline
gear for consistency with the BSAI FMP and regulations. These
amendments are necessary to provide entry-level fishing opportunities
for fishery participants, provide consistency across FMPs and in
regulations, and defer to regulations for residency requirements for
leasing CQE.
The Council's intent to authorize jig gear as a legal gear type for
the harvest of sablefish IFQ and CDQ is to provide an entry-level
opportunity for fishery participants to harvest sablefish IFQ and CDQ.
Vessels that use jig gear contribute to a diversified fishing portfolio
for combination fishing vessels in coastal communities. Most jig
vessels target Pacific cod followed by rockfish. The majority of jig
harvested groundfish occurs in the GOA, however, authorizing jig gear
for the harvest of sablefish could increase its use in the BSAI.
Amendment 124 to the BSAI and Amendment 112 to the GOA would provide
fishery participants the opportunity to use jig gear to harvest
sablefish IFQ and align FMPs and regulations for consistency and
clarity.
The Council's intent to remove the Adak CQE residency requirement
for a period of 5 years is to create additional opportunities for the
Adak CQE to fully harvest its allocation. The exception would allow the
Adak CQE, the Adak Community Development Corporation (ACDC) to lease QS
to non-residents on an annual basis to increase utilization of CQE held
QS and stimulate a stable fishing economy in the community. Amendment
124 to the BSAI FMP
[[Page 66126]]
would provide flexibility if regulations for the Adak CQE residency
requirements are recommended for revisions in the future because an FMP
amendment would no longer be required.
NMFS is soliciting public comments on the proposed amendments
through the end of the comment period (see DATES). NMFS intends to
publish in the Federal Register and seek public comment on a proposed
rule that would implement these amendments, following NMFS's evaluation
of the proposed rule under the Magnuson-Stevens Act and the Halibut
Act. All comments received by the end of the comment period on these
amendments, whether specifically directed to the FMP amendments or the
proposed rule, will be considered in the approval/disapproval decision
on these amendments. Comments received after that date may not be
considered in the approval/disapproval decision on these amendments. To
be certain of consideration, comments must be received, not just
postmarked or otherwise transmitted, by the last day of the comment
period.
Authority: 16 U.S.C. 1801 et seq.
Dated: October 28, 2022.
Jennifer M. Wallace,
Acting Director, Office of Sustainable Fisheries, National Marine
Fisheries Service.
[FR Doc. 2022-23849 Filed 11-1-22; 8:45 am]
BILLING CODE 3510-22-P
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