Proposed Rule2022-25296
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
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Published
November 23, 2022
Issuing agencies
Commerce DepartmentNational Oceanic and Atmospheric Administration
Abstract
NMFS issues a proposed rule to implement 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). First, this proposed rule would amend regulations for the Individual Fishing Quota (IFQ) and Community Development Quota (CDQ) Programs for pot gear configurations, pot gear tending and retrieval requirements, pot limits, and associated recordkeeping and reporting requirements. These changes would increase operational efficiency and flexibility for IFQ holders and CDQ groups. Second, this proposed rule would authorize jig gear as a legal gear type for harvesting sablefish IFQ and CDQ, increasing opportunities for entry-level participants. Third, this proposed rule would temporarily remove the Adak community quota entity (CQE) residency requirement for a period of five years. These actions are intended to promote the goals and objectives of the Northern Pacific Halibut Act of 1982, the Magnuson-Stevens Fishery Conservation and Management Act, the BSAI FMP, GOA FMP, and other applicable laws.
Full Text
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<title>Federal Register, Volume 87 Issue 225 (Wednesday, November 23, 2022)</title>
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[Federal Register Volume 87, Number 225 (Wednesday, November 23, 2022)]
[Proposed Rules]
[Pages 71559-71568]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-25296]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 679
[Docket No. 221115-0241]
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: Proposed rule; request for comments.
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SUMMARY: NMFS issues a proposed rule to implement 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). First,
this proposed rule would amend regulations for the Individual Fishing
Quota (IFQ) and Community Development Quota (CDQ) Programs for pot gear
configurations, pot gear tending and retrieval requirements, pot
limits, and associated recordkeeping and reporting requirements. These
changes would increase operational efficiency and flexibility for IFQ
holders and CDQ groups. Second, this proposed rule would authorize jig
gear as a legal gear type for harvesting sablefish IFQ and CDQ,
increasing opportunities for entry-level participants. Third, this
proposed rule would temporarily remove the Adak community quota entity
(CQE) residency requirement for a period of five years. These actions
are intended to promote the goals and objectives of the Northern
Pacific Halibut Act of 1982, the Magnuson-Stevens Fishery Conservation
and Management Act, the BSAI FMP, GOA FMP, and other applicable laws.
DATES: Submit comments on or before December 23, 2022.
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 Environmental Assessment and the
Regulatory Impact Review (herein
[[Page 71560]]
referred to as the ``Analysis'') prepared for this proposed rule 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>.
Written comments regarding the burden-hour estimates or other
aspects of the collection-of-information requirements contained in this
proposed rule may be submitted to NMFS at the above address and to
<a href="http://www.reginfo.gov/public/do/PRAMain">www.reginfo.gov/public/do/PRAMain</a>. Find the particular information
collection by selecting ``Currently under 30-day Review--Open for
Public Comments'' or by using the search function.
FOR FURTHER INFORMATION CONTACT: Abby Jahn, 907-586-7228.
SUPPLEMENTARY INFORMATION:
Authority for Action
NMFS manages the groundfish fisheries of the BSAI under the BSAI
FMP and of 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 Fishery Conservation and Management Act (Magnuson-
Stevens Act), 16 U.S.C. 1801 et seq. Regulations governing U.S.
fisheries and implementing the BSAI FMP appear at 50 CFR parts 600 and
679. Sablefish (Anoplopoma fimbria) is managed as a groundfish species
under the BSAI FMP and GOA FMP. The Council is authorized to prepare
FMP amendments for conservation and management of a fishery managed
under the BSAI FMP and GOA FMP. NMFS conducts rulemaking to implement
FMP and regulatory amendments.
The International Pacific Halibut Commission (IPHC) and NMFS manage
fishing for Pacific halibut (Hippoglossus stenolepis) through
regulations at 50 CFR part 300, subpart E, established under the
authority of the Northern Pacific Halibut Act of 1982 (Halibut Act), 16
U.S.C. 773c(a) and (b). The Halibut Act provides the Secretary of
Commerce with general responsibility to carry out the Convention for
the Halibut Fishery of the Northern Pacific Ocean and Bering Sea
(amended by Preservation of Halibut Fishery Protocol) and the Halibut
Act, including the authority to adopt regulations necessary to carry
out the purposes and objectives of the Convention. The Halibut Act, 16
U.S.C. 773c(c), also provides the Council with authority to develop
regulations, including limited access regulations, that are in addition
to, and not in conflict with, approved IPHC regulations. The IPHC
adopts annual management measures governing fishing for halibut under
the Convention. The IPHC regulations are subject to acceptance by the
Secretary of State with concurrence from the Secretary of Commerce.
Halibut is not a groundfish species under the BSAI FMP or GOA FMP, and
instead is managed under the Convention and the Halibut Act as outlined
above.
Under the authority of the BSAI FMP, GOA FMP, and the Halibut Act,
the Council recommended and NMFS established regulations that
implemented the IFQ Program. The IFQ Program allocates sablefish and
halibut harvesting privileges among U.S. fishermen. NMFS manages the
IFQ Program pursuant to regulations at 50 CFR part 679 and 50 CFR part
300 under the authority of section 773c of the Halibut Act and section
303(b) of the Magnuson-Stevens Act. This proposed rule would implement
Amendment 124 to the BSAI FMP and Amendment 112 to the GOA FMP. The
Council recommended Amendment 124 and Amendment 112 to amend provisions
of the BSAI FMP and GOA FMP applicable to the sablefish IFQ fisheries.
FMP amendments and regulations developed by the Council may be
implemented by NMFS only after approval by the Secretary of Commerce.
Similarly, halibut fishery regulations developed by the Council may
only be implemented by NMFS after approval of the Secretary of
Commerce.
Background
The following sections of this preamble describe (1) background
information on the IFQ Program, CDQ Program, CQE Program, the Medical
Transfer Provision, specific provisions of Amendment 101 to the GOA
FMP, and halibut retention; (2) the need for this proposed rule; and
(3) the specific provisions that would be implemented by this proposed
rule.
Individual Fishing Quota Program
Commercial halibut and sablefish fisheries in the GOA and BSAI are
managed primarily under the IFQ Program. The IFQ Program was
implemented in 1995 (58 FR 59375, November 9, 1993). The intent of the
IFQ Program was to resolve conservation and management problems that
arose from an open access fishery. The trawl sablefish fishery is not
managed under the IFQ Program. This proposed rule does not modify
regulations applicable to the trawl sablefish fishery.
Under the IFQ Program, access to non-trawl sablefish and halibut
fisheries is limited to those persons holding quota share (QS). As an
exclusive, revocable privilege, QS allows the holder to harvest a
specific percentage of either the total allowable catch (TAC) in the
sablefish fishery or the annual commercial catch limit in the halibut
fishery. Issuance of QS was originally based on participation in the
fisheries during historical qualifying periods, and QS is designated
for geographic harvest areas, vessel operation type (i.e., catcher
vessel (CV) or catcher/processor (CP)), and for a range of vessel
categories based on size and operation type that may be used to harvest
sablefish or halibut.
Allocation of QS is distributed on an annual basis through the
issuance of an IFQ permit. An annual IFQ permit authorizes the permit
holder to harvest a specified amount of the IFQ species in a regulatory
area from a specific operation type and vessel category. IFQ is
expressed in pounds and is based on the amount of quota share held in
relation to the total quota share pool for each regulatory area with an
assigned catch limit.
Community Development Quota Program
The Western Alaska Community Development Program (CDQ Program) was
implemented in 1992 (57 FR 54936, November 23, 1992). Subsequently, the
Magnuson-Stevens Act was amended to include provisions specific to the
CDQ Program. The purposes of the CDQ Program are (1) to provide
eligible western Alaska villages with the opportunity to participate
and invest in fisheries in the BSAI management area; (2) to support
economic development in western Alaska; (3) to alleviate poverty and
provide economic and social benefits for residents of western Alaska;
and (4) to achieve sustainable and diversified local economies in
western Alaska (16 U.S.C. 1855(i)(1)(A)).
The CDQ Program consists of six different non-profit managing
organizations (CDQ groups) representing different geographical regions
in Alaska. The CDQ Program receives annual allocations of TAC for a
variety of commercially valuable species in the BSAI groundfish, crab,
and halibut fisheries, which are in turn allocated among the CDQ
groups. CDQ groups use their allocations of halibut to provide
opportunities for small vessel fishing by residents of their member
communities. Section 4.3.1 of the Analysis (available as indicated in
the ADDRESSES section above) provides additional detail on the history
of the CDQ Program.
[[Page 71561]]
Community Quota Entity Program
The CQE Program was implemented in 2004 (69 FR 23681, April 30,
2004). The purpose of the CQE Program was to improve the ability for
rural coastal communities to maintain long-term opportunities to access
the halibut and sablefish resources for the GOA. The CQE Program was
later amended under Amendment 102 to the BSAI FMP to include eligible
communities in Area 4B and the Aleutian Islands after the Council
received a proposal from the Adak Community Development Corporation
(ACDC) to develop a CQE Program specific to the Aleutian Islands for
opportunities to access halibut and sablefish resources (79 FR 8870,
February 14, 2014). The final rule implementing Amendment 102 allowed
an Aleutian Islands CQE to purchase halibut CV QS assigned to Area 4B
and sablefish QS assigned to the Aleutian Islands. Limitations on
leasing IFQ derived from QS were established for either eligible
community residents of Adak or non-residents for a period of five
years. The Council recommended limiting the authority for an Aleutian
Islands CQE to lease IFQ to non-CQE residents after five years to
provide adequate time to accrue benefits to the community of Adak
through deliveries, provide crew opportunities for residents, and earn
revenue that could assist the purchase of additional QS. The intent of
the time limitation was to explicitly tie the potential long-term
benefits of QS held by an Aleutian Islands CQE to the residents of
Adak. The limitation ended March 17, 2019 and the Adak CQE was required
to lease the annual IFQ derived from QS only to eligible community
residents of Adak.
In February 2021, the Council requested an emergency rule to
suspend the residency requirements applicable to the Adak CQE Program
for the 2021 fishing year. The Secretary of Commerce denied the request
for emergency action because it did not meet the emergency criteria
described at section 305(c) of the Magnuson-Stevens Act. In the denial
letter, it was noted that a longer-term management solution would be
the best approach to address the ongoing challenges and impacts on the
community of Adak. As a result, the Council recommended this proposed
rule to remove the residency requirement for an additional period of
five years with the intent of creating more opportunities for the Adak
CQE to fully harvest its allocation. Sections 4.3.3 and 4.3.4 of the
Analysis provide additional detail on the history of the CQE Program.
IFQ Regulatory Areas
The IFQ and CDQ fisheries are prosecuted in accordance with catch
limits and managed in separate geographic areas of harvest. This
proposed rule would implement provisions that affect IFQ halibut and
sablefish in the GOA and IFQ and CDQ halibut and sablefish in the BSAI.
Sablefish IFQ regulatory areas are defined and shown in Figure 14 to 50
CFR part 679 and section 1.3 of the Analysis. The sablefish IFQ areas
in the GOA are the Southeast Outside District of the GOA (SEO), West
Yakutat District of the GOA (WY), Central GOA (CGOA), and Western GOA
(WGOA).
The halibut IFQ areas are consistent with IPHC regulatory areas and
are shown in Figure 15 to part 679 in the Code of Federal Regulations
and section 1.3 of the Analysis. These areas encompass different
geographic ranges than the sablefish IFQ regulatory areas, and their
boundary lines do not coincide except at the border between the United
States and Canada. For the halibut IFQ areas, Area 2 is composed of
Area 2A (Washington, Oregon, and California); Area 2B (British
Columbia); and Area 2C (Southeast Alaska). Area 3 is composed of Area
3A (Central Gulf of Alaska) and Area 3B (Western Gulf of Alaska). Area
4 (BSAI) is composed of Areas 4A, 4B, 4C, 4D and 4E. The IPHC combines
Areas 4C, 4D, and 4E into Area 4CDE for purposes of establishing a
commercial fishery catch limit. Area 4CDE, Area 4B, and portions of
Area 4A roughly correspond to the Bering Sea and Aleutian Islands Area
defined in the BSAI FMP. A portion of Area 4A also includes part of the
Western Regulatory Area of the GOA, as defined in the GOA FMP.
Medical Transfer Provision
Since 1998, the temporary transfer, or leasing, of CV IFQ has
generally been prohibited with a few narrow exceptions, including a
medical transfer provision. The medical transfer provision was
initially implemented in 2007 (72 FR 44795, August 9, 2007) and allows
a QS holder, not otherwise qualified to hire a master (50 CFR
679.42(i)(1)), to temporarily transfer their annual IFQ to another
individual if the QS holder or an immediate family member have a
temporary medical condition that prevents them from fishing. An
applicant for a temporary medical transfer must have the medical
declaration block of the application signed by a healthcare provider
describing the medical condition and health risks affecting the
applicant, or the applicant's immediate family member, and their
inability to participate in the IFQ fishery for which they hold QS.
Original issues of QS are a ``grandfathered'' exception to the transfer
prohibition, thus receive no benefit from the medical transfer
provision.
The medical transfer provision was not included in the original
design of the IFQ Program because the Council prioritized the policy
objective of maintaining a fishing fleet primarily consisting of owner-
operators by narrowly restricting transfer provisions. The medical
transfer provision is intended to provide a mechanism for QS holders
who are experiencing a medical condition that would temporarily prevent
them from fishing during a season to transfer their annual IFQ to
another individual. The provision was not intended to create an avenue
for those chronically unable to participate in the fishery to maintain
the benefits of IFQ harvests or otherwise facilitate non-medical
transfers of IFQ. To reduce the long-term usage of the medical
provision, the Council and NMFS limited the number of instances that QS
holders may use the provision for any medical condition. Since March
16, 2020, NMFS cannot approve a medical transfer if the QS holder was
granted a medical transfer in any three of the previous seven years for
a medical condition.
For more information about the IFQ Program, refer to section 4.3.1
of the Analysis.
Provisions of Amendment 101
This section provides relevant background information on provisions
implemented under Amendment 101 to the GOA FMP that are proposed to be
changed or updated by this action. Amendment 101 to the GOA FMP (81 FR
95435, December 28, 2016) authorized the use of longline pot gear in
the GOA sablefish IFQ fishery, established precautionary management
measures to accompany authorization, and required vessel operators to
comply with current retention requirements under the IFQ Program. The
Council's intent in authorizing longline pot gear was to minimize whale
depredation of hooked sablefish. The Council recommended a
precautionary approach to minimize gear conflicts and grounds
preemption specific to each GOA area. The Council limited the use of
pot gear to the longline pot configuration and only authorized this new
gear type for use in the sablefish IFQ fishery. Overall, the approach
was influenced by public testimony, the physical nature of the
sablefish fishing grounds in the GOA, and the composition of the
sablefish IFQ
[[Page 71562]]
fleet in each area. In terms of effort, the GOA areas have constrained
fishing grounds due to a smaller overall area and a larger number of
participating vessels than the BSAI. Retention requirements are
described later in this preamble.
The final rule implementing Amendment 101 established a 120 pot
limit in the SEO and WY, and a 300 pot limit in the CG and WG
regulatory areas. The purpose of establishing pot limits was to control
vessel fishing effort and limit the total amount of fishing grounds
that a vessel can use at a given time. The Council considered the
physical nature of the fishing grounds and how many pots vessel
operators could feasibly deploy. It was determined that smaller pot
limits were appropriate in the SEO and WY districts because these areas
have spatially concentrated fishing grounds.
The final rule implementing Amendment 101 assigned gear retrieval
and tending requirements specific to each GOA area. Regulations at
679.42(l)(5)(iii) describe gear retrieval requirements as ``retrieve
and remove'' and gear tending requirements as ``redeploy or remove.''
This proposed rule uses the terms retrieval and tending throughout this
preamble. The final rule implementing Amendment 101 established a gear
retrieval requirement for CVs in the SEO district where vessel
operators are required to retrieve gear when the vessel makes an IFQ
landing. Other requirements established included a five-day tending
requirement for CPs in the SEO district, a five-day tending requirement
in the WY district and CG regulatory area, and a seven-day tending
requirement in the WG regulatory area. The preamble to the proposed
rule for Amendment 101 stated that SEO and WY districts are constrained
to a narrow area on the edge of the continental shelf and there are
more permit holders than other areas. These factors concentrate fishing
effort and gear to a smaller area than the CG and WG. Notably, the
Council recommended a longer time period for gear tending in the WG
regulatory area because it is the largest area and there are fewer
sablefish IFQ holders relative to other areas.
As described above, currently the regulations at 679.42(l)(5)(iii)
include gear retrieval and tending requirements, which are grouped
together as ``gear retrieval'' requirements despite the difference in
operation for either requirement. In its April 6, 2022 motion, the
Council recommended that the gear retrieval requirements be modified to
seven days for the CG and five days for the SEO. This recommendation
would not otherwise change the CG's current gear tending requirement.
In the Council motion, there is no mention of changing the SEO District
gear retrieval requirement to a gear tending requirement. However, the
Council members' remarks on the record at the April 2022 meeting show
that the Council clearly intended to recommend just that. During these
remarks, the Council explained that changing to a gear tending
requirement would allow CVs to leave gear in the water when making an
IFQ landing in the SEO and expressed that this change was needed to
increase flexibility for the IFQ sablefish pot gear fleet.
Additionally, the Council's motion rejected an option that would have
removed the gear tending and gear retrieval requirements altogether.
The Council instead recommended the more modest modifications to
provide participants with some additional flexibility while still
limiting the potential for preemption of the fishing grounds.
Gear marking requirements for vessel operators using longline pot
gear in the GOA were also included in the final rule implementing
Amendment 101. The final rule required a vessel operator to use four or
more buoys, a flag mounted on a pole, and a radar reflector to mark
each end of a longline pot set. The purpose of these requirements was
to enhance visibility of longline pot gear and improve vessel safety by
preventing gear conflicts between vessels using hook-and-line gear and
those using longline pot gear. Since implementation of Amendment 101,
many vessels have switched from using hook-and-line gear to longline
pot gear in the GOA. As described in sections 4.5.2 and 4.5.7 of the
Analysis, these gear marking requirements are unnecessary to prevent
gear conflicts and burdensome to the operation strategy for longline
pot gear users.
In recommending Amendment 101, the Council indicated its intent to
monitor interactions between longline pot and hook-and-line gear in the
GOA sablefish IFQ fishery and to determine whether changes to
regulatory provisions were needed. In 2021, The Council reviewed the
GOA Sablefish Pots Review, which analyzed four years of fishery data
and the efficacy of a suite of fishery management measures for the IFQ
sablefish fishery. The review and public testimony highlighted that
some gear provisions such as pot limits, gear retrieval, and tending
requirements implemented under Amendment 101 were either too
restrictive or not serving their intended purpose. As a result, the
Council initiated analysis of an IFQ Omnibus action. Refer to sections
1.2 and 2.4 of the Analysis for a further discussion on the history and
fishery impacts of Amendment 101.
Halibut Retention
Sablefish IFQ fishermen who also hold halibut IFQ are required to
retain halibut that are 32 inches or greater in length (legal size)
harvested in the BSAI and GOA sablefish IFQ fishery, provided they have
unused halibut IFQ. This regulation was implemented with the IFQ
Program in 1995 and is intended to promote full utilization of halibut
by reducing discards of halibut caught incidentally in the sablefish
IFQ fishery. Many IFQ fishermen hold both sablefish and halibut IFQ,
and the two species can overlap in some fishing areas (58 FR 59375,
November 9, 1993). In 2016, the IPHC recommended annual management
measures that authorized longline pot gear as a legal gear type to
retain halibut, provided NMFS implemented regulations to authorize
longline pot gear in the sablefish IFQ fishery (81 FR 14000, March 16,
2016). In addition to authorizing longline pot gear in the sablefish
IFQ fishery and the other provisions described in the preceding
section, Amendment 101 also included halibut retention requirements
that aligned Federal regulations with the provisions in the 2016 IPHC
annual management measures. The purpose of requiring retention of
incidentally caught halibut was to avoid discard, and therein discard
mortality, of halibut.
As required by Federal regulations, each groundfish pot must
include tunnel openings no wider than nine-inches to prevent certain
non-target species, such as halibut, from entering the pot. Amendment
118 to the BSAI FMP (85 FR 840, January 8, 2020) implemented
regulations requiring vessel operators to retain IFQ or CDQ halibut
when using pot gear when an IFQ or CDQ permit holder on board the
vessel has unused halibut IFQ or CDQ for the IFQ regulatory area fished
in the IFQ vessel category. Amendment 118 also added an exception to
the requirement for a tunnel opening of no wider than nine inches. The
exception created by Amendment 118 applies to groundfish pots when
there is halibut IFQ or CDQ on board, and when fishing for halibut or
sablefish IFQ or CDQ in the BSAI. If the tunnel opening requirement
remained in effect, the ability to harvest halibut IFQ or CDQ using
pots would have been limited because the opening would be too small for
legal halibut.
In developing this proposed rule, the Council and NMFS carefully
considered existing regulations and retention requirements across the
BSAI and GOA.
[[Page 71563]]
This proposed rule would add an exception applicable to the GOA so that
the requirement for a nine-inch maximum width tunnel opening does not
apply to groundfish pots when a vessel begins a trip with unfished
halibut IFQ on board and when those vessels are fishing for IFQ halibut
and IFQ sablefish.
Authorized Gear
Pots used to fish for groundfish must have biodegradable panels to
avoid ghost fishing. Collapsible slinky pots are an emerging pot type
in pot fisheries, particularly for longline pot fisheries, which meet
the existing definition for pot gear as specified in paragraph 15 of
the definition for ``Authorized fishing gear'' at Sec. 679.2.
Currently, each pot, including collapsible slinky pots, must have a
biodegradable panel as described in paragraph (15)(i) of the definition
for ``Authorized fishing gear.'' However, collapsible slinky pots are
prone to premature failure under this configuration (see Analysis
section 4.5). This proposed rule would provide additional options for
the permissible placement of the biodegradable panel on collapsible
slinky pots so vessel operators in the IFQ and CDQ fisheries could
choose the configuration that works best for their operation.
The final rule implementing the IFQ Program excluded jig gear from
allowable gear types for the sablefish fixed gear fishery. The intent
of the IFQ Program was not to change the sablefish TAC allocation
scheme or require additional FMP amendments for allocation among gear
types. As a result, the final rule defined the allocation categories as
``hook-and-line and pot gear'' and ``trawl gear,'' excluding jig gear
from allowable fixed gear types for sablefish IFQ and CDQ fisheries.
For this proposed rule, the Council recommended regulatory
revisions to authorize jig gear as an authorized fishing gear type in
the GOA sablefish IFQ fisheries and the BSAI sablefish IFQ and CDQ
fisheries. These proposed revisions would not change the allocation
scheme but would change the naming conventions for TAC allocation
categories. For alignment and clarity with Federal regulations, NMFS is
updating the FMP language as well. The Council's intent is to increase
entry-level opportunities and increase flexibility for QS holders. This
is because jig gear is a smaller investment than other gear types and
does not require significant vessel retrofits as with other gear.
Additionally, jig gear is already an authorized gear type for the
harvest of halibut IFQ and CDQ and this action would further align the
authorized gear types in the halibut and sablefish IFQ fisheries.
Need for Amendment 112, Amendment 124, and This Proposed Rule
Amendment 112, Amendment 124, and this proposed rule are intended
to increase operational efficiency and reduce administrative burden for
IFQ Program and CDQ Program participants. First, this proposed rule
would expand available options for placement of a biodegradable panel
specific to collapsible slinky pots used to fish for halibut IFQ or
CDQ, or sablefish IFQ or CDQ. Second, this proposed rule would create
an exemption from the requirement to comply with a nine-inch tunnel
opening when a vessel begins a trip with unfished halibut IFQ on board
and when those vessels are fishing for IFQ halibut and IFQ sablefish in
the GOA. Third, this proposed rule would revise regulatory
specifications for gear marking, pot limits, gear tending, and gear
retrieval to implement the intended purposes of Amendment 101. Fourth,
this proposed rule would authorize jig gear for the harvest of
sablefish IFQ and CDQ in the BSAI and sablefish IFQ in the GOA in order
to provide additional opportunity for entry-level participants. Fifth,
this proposed rule would remove the Adak residency requirement for a
period of five years in order to provide opportunity for the Adak CQE
to fully harvest its IFQ. Lastly, this proposed rule would update
regulations for clarity by revising recordkeeping and reporting
requirements for groundfish logbooks (including IFQ species), and would
improve operational efficiency by modifying the IFQ Program medical
transfer provision and allowing electronic submission for IFQ and CQE
Program application forms.
The Proposed Rule
This proposed rule would revise regulations at 50 CFR part 679.
This section describes the proposed changes to current regulations to
implement Amendment 124 to the BSAI FMP and Amendment 112 to the GOA
FMP, as well as additional regulations recommended by the Council and
NMFS.
Collapsible Slinky Pot Exception
This proposed rule would amend regulations at Sec. 679.2 to allow
for the biodegradable panel to be placed anywhere on the mesh of a
collapsible slinky pot. The panel must be at least 18 inches (45.72 cm)
in length and use untreated cotton thread of no larger size than No. 30
(i.e., biodegradable twine). Per the Council's intent, the proposed
rule would also allow the door of the collapsible slinky pot to be
wrapped with biodegradable twine. Under this option, the biodegradable
twine would not have to be 18 inches in length but the door must be a
minimum of 18 inches in diameter. This proposed rule would also add the
descriptors ``rigid or collapsible'' to the definition of ``Pot gear''
in paragraph (15)(i) of the definition of ``Authorized fishing gear''
so that both types of pots are expressly included in this definition.
These changes are limited to slinky pots in the IFQ and CDQ
fisheries. The proposed rule would not affect pot gear used in non-IFQ
or non-CDQ groundfish fisheries, which remain subject to the existing
biodegradable panel placement requirements in the definition for
``Authorized fishing gear'' in paragraph (15)(i). Likewise, rigid pot
gear used in the IFQ and CDQ fisheries remain subject to the
requirements in the definition for ``Authorized fishing gear'' in
paragraph (15)(i).
Tunnel Opening Exception for the GOA
Pots used in the sablefish IFQ fishery are required to have tunnel
openings no wider than nine inches, which are intended to exclude
halibut. An exception to this requirement already applies in the BSAI
when fishery participants use pots and also have unused halibut IFQ
onboard. The current exception in the BSAI can be used even if no
sablefish IFQ is onboard. This proposed rule would add an exception in
the GOA to the nine-inch tunnel opening requirement only where there is
an IFQ or CDQ permit holder onboard who has both unused halibut IFQ and
unused sablefish IFQ onboard. Specifically, this proposed rule would
apply the exemption at Sec. 679.2 under the definition of ``Authorized
fishing gear'' at paragraph (15)(iii) when there is IFQ halibut onboard
a vessel and the harvester is fishing for IFQ sablefish with longline
pot gear in the GOA in accordance with Sec. 679.42(l). No change would
be made to the exception for the BSAI nor to the BSAI halibut and
sablefish pot gear requirements described at Sec. 679.42(m).
Gear Specifications in the GOA
This proposed rule would revise regulations at Sec. 679.24(a)(3)
to modify the requirements for marking of longline pot gear deployed to
harvest IFQ sablefish in the GOA. This change was recommended because
elements of the existing marking requirements are unnecessary and
burdensome for vessel operations. This proposed rule would remove the
requirement that each end of a set of longline pot gear have a cluster
of four or more marker buoys, a flag
[[Page 71564]]
mounted on a pole, and a radar reflector. However, the requirement that
each end of a gear set have an attached hard buoy ball marked with the
capital letters, ``LP,'' indicating longline pot gear, would remain so
that gear visibility is maintained. Likewise, no changes would be made
to Sec. 679.24(a)(1) or (2), which require all hook-and-line, longline
pot, and pot-and-line marker buoys to be marked with the vessel's
Federal Fisheries Permit (FFP) number or Alaska Department of Fish &
Game (ADF&G) vessel registration number.
This proposed rule would modify Sec. 679.42(l)(5)(ii) for longline
pot gear limits in the WY District GOA. Namely, the maximum number of
pots that a vessel operator may deploy would be increased from 120 to
200 when harvesting IFQ sablefish in the WY District of the GOA. This
proposed rule would not modify the maximum number of pots permitted in
the SEO District or CGOA and WGOA regulatory areas.
Additionally, this proposed rule would modify IFQ fisheries
prohibitions at Sec. 679.7(f) and gear tending and retrieval
requirements at Sec. 679.42(l)(5)(iii) for longline pot gear in the
GOA. First, this proposed rule would add cross references to Sec.
679.42(l)(5)(iii) in the prohibitions at Sec. 679.7, including
paragraph (f)(21) for CVs in the SEO District, paragraph (f)(22) for
CPs in the SEO District, paragraph (f)(23) for CVs or CPs in the WY
District and the CG regulatory area, and paragraph (f)(24) for CVs or
CPs in the WG regulatory area. These changes are proposed for
consistency and ease of navigation between regulations for longline pot
gear in the GOA and prohibitions for IFQ fisheries.
Second, this proposed rule would modify regulations at Sec.
679.42(l)(5)(iii)(A) for CV operators in the SEO District, by replacing
retrieval requirements (i.e., retrieve and remove) with gear tending
requirements (i.e., redeploy or remove), removing any reference to IFQ
landings, and modifying the timeline so that a vessel operator either
tends or retrieves gear from the fishing grounds within five days of
deploying the gear. Corresponding changes are also proposed at Sec.
679.7(f)(21) to update the relevant prohibition. For the Central GOA
regulatory area, this proposed rule would modify the timeline so that a
vessel operator either redeploys or removes gear from the fishing
grounds within seven days of deploying the gear, adding paragraph Sec.
679.42(l)(5)(iii)(E) to specify the revised gear tending requirements
in a separate paragraph from the WY District. This proposed rule would
also revise the corresponding prohibition at Sec. 679.7(f)(23) for the
CG regulatory area and the WY District. This proposed rule would not
modify the gear tending requirements for CPs in the SEO District,
vessel operators in the WY District, or vessel operators in the WG
regulatory area.
Authorize Jig Gear
This proposed rule would revise regulations at Sec. Sec. 679.2,
679.20, and 679.24 to authorize jig gear in the IFQ and CDQ sablefish
fisheries in the BSAI and the IFQ sablefish fishery in the GOA
consistent with Amendments 124 and 112. Jig gear is defined at Sec.
679.2 in paragraph (8) of the definition for ``Authorized fishing
gear.'' Authorization of jig gear for the aforementioned fisheries
would not require the definition of jig gear to be changed. Instead,
this proposed rule would add ``jig gear'' to the definition of ``Fixed
gear,'' in paragraph (4)(ii) under ``Authorized fishing gear'' at Sec.
679.2, to specify that jig gear may be used to harvest sablefish IFQ
and CDQ from any BSAI reporting area. No GOA-specific changes are
required. The definition of ``Fixed gear,'' defined at Sec. 679.2 in
paragraph (4)(i) under the definition ``Authorized fishing gear,''
currently includes all ``longline gear,'' used to harvest sablefish in
the GOA. ``Longline gear'' is already defined to include ``jig gear.''
This proposed rule would also revise regulations at Sec.
679.20(a)(4)(iii)(A) for the Bering Sea subarea, Sec.
679.20(a)(4)(iv)(A) for the Aleutian Islands subarea, and Sec.
679.20(b)(1)(i) for the nonspecified reserve. This change would replace
the phrase ``hook-and-line and pot gear'' with ``fixed gear'' for
consistency with the definition of ``Fixed gear'' defined at Sec.
679.2 in paragraph (4)(ii) of the definition ``Authorized fishing
gear.'' This proposed rule would not change the percent of the TAC
allocated to the sablefish IFQ fishery in the BSAI. NMFS would continue
to allocate 50 percent of the sablefish TAC in the Bering Sea subarea
and 75 percent of the sablefish TAC in the Aleutian Islands subarea to
the sablefish IFQ fishery.
This proposed rule would add ``jig gear'' to Sec. 679.24 where
gear restrictions for sablefish are found. Specifically, this proposed
rule would add ``jig gear'' to Sec. 679.24(c)(2)(i)(A) and (B) so that
jig gear is an authorized gear type for the Eastern GOA regulatory area
and permitted when directed fishing for IFQ sablefish. This proposed
rule would also add ``jig gear'' to Sec. 679.24(c)(3) and (4) so that
sablefish is not considered a prohibited species for vessel operators
using jig gear in the Central GOA, Western GOA, or BSAI. This proposed
rule would also make two grammatical corrections to the list of
permissible gear types in the Eastern GOA regulatory area at Sec.
679.24(c)(2)(i)(A) and (B) and Sec. 679.24(c)(4), changing ``and'' to
``or'' to clarify that at least one of the listed gear types must be
used, but all gear types need not be used simultaneously.
Adak Residency Requirement
This proposed rule would revise regulations at Sec. 679.42 for
sablefish and halibut QS use specific to eligible community residents
of Adak, Alaska. This proposed rule would revise the date specified at
Sec. 679.42(e)(8)(ii) and (f)(7)(ii) from March 17, 2019, to five
years after the effective date of this final rule. The regulatory
changes at Sec. 679.42(e)(8)(ii) would apply only to a CQE in the
Aleutian Islands subarea for sablefish QS. The regulatory changes at
Sec. 679.42(f)(7)(ii) would only apply to a CQE in IFQ regulatory Area
4B for halibut QS.
Other Regulatory Provisions
This proposed rule would modify Sec. 679.21(a)(5), which currently
references sablefish as a prohibited species via a cross-reference to
Sec. 679.24(c)(2)(ii). Because Sec. 679.24(c)(2)(ii) only pertains to
the Eastern GOA regulatory area, the proposed rule would change the
cross reference to Sec. 679.24(c)(2) to clarify that sablefish is a
prohibited species for the western GOA, central GOA, and the BSAI, as
well as the Eastern GOA, per Sec. 679.24(c)(2) through (4). This fix
would not modify prohibited species bycatch management or gear
restrictions for sablefish but rather correct the cross reference to
include all four areas.
This proposed rule would also revise regulations at Sec. 679.42 to
exclude medical transfers approved in 2020, 2021, or 2022 from the use
restriction detailed at Sec. 679.42(d)(2)(iv)(C). Specifically, this
proposed rule would add paragraph (d)(2)(iv)(C)(l), stating, ``A
medical transfer approved in 2020, 2021, or 2022 does not count toward
the restriction detailed in paragraph (d)(2)(iv)(C) of this section.''
Furthermore, this proposed rule would add, ``Except as provided for in
paragraph (d)(2)(iv)(C)(1) of this section,'' to the beginning of
paragraph (d)(2)(iv)(C) to link the exception to new paragraph
(d)(2)(iv)(C)(1).
Additionally, this proposed rule would revise regulations at Sec.
679.5 specific to the longline and pot gear catcher vessel daily
fishing logbook (DFL) and the catcher processor daily
[[Page 71565]]
cumulative production logbook (DCPL). A sentence would be added at
Sec. 679.5(c)(1)(ii), (c)(3)((i)(A)(1), (c)(3)((i)(B)(1), and
(c)(3)(iv)(A)(2) to clarify that the same logbook may be used for
different gear types, provided different gear types are recorded on
separate pages. The purpose of these regulatory changes is to provide
clear direction to vessel operators as to how these logbooks may be
used. The changes are specific to groundfish fisheries for CVs greater
than 60 ft length overall (LOA) using longline or pot gear, and IFQ or
CDQ halibut or IFQ or CDQ sablefish fisheries for CVs less than 60 ft
LOA using longline pot gear or pot gear.
The proposed rule would revise regulations relevant to the CQE
Program at Sec. Sec. 679.4, 679.41, and 679.5. Those regulations
require CQEs to submit certain information to the Regional
Administrator and imply that information must be submitted by mail
because only a mailing address is listed. This proposed rule would
revise Sec. Sec. 679.4(k)(10)(vi)(A) and (D), 679.41(l)(3), and
679.5(t)(2) to remove the address for the Regional Administrator and
change the word ``sent'' to ``submitted'' in Sec. 679.4(k)(10)(vi)(D)
to allow for additional submission methods. As a result, no submission
method would be included in regulations and, instead, NMFS would
provide this information on forms and on the NMFS Alaska Region website
at <a href="https://www.fisheries.noaa.gov/region/alaska">https://www.fisheries.noaa.gov/region/alaska</a>. The purpose of these
changes is to provide additional methods for the public to submit
information as the agency moves toward electronic submission.
Classification
NMFS is issuing this proposed rule pursuant to 304(b)(1)(A) and
305(d) of the Magnuson-Stevens Act. Section 304(b)(1)(A) authorizes
NMFS to implement FMPs and regulatory amendments. Pursuant to Magnuson-
Stevens Act section 305(d), this action is necessary to carry out the
amendments to the BSAI FMP and the GOA FMP. The NMFS Assistant
Administrator has determined this proposed rule is consistent with the
Council's recommendations and NMFS regulatory amendments, the BSAI FMP,
the GOA FMP, other provisions of the Magnuson-Stevens Act, and other
applicable law, subject to further consideration after public comment.
Regulations governing the U.S. fisheries for Pacific halibut are
developed by the IPHC, the Council, and the Secretary of Commerce.
Section 5 of the Halibut Act (16 U.S.C. 773c) allow the Regional
Council having authority for a particular geographical area to develop
regulations governing the allocation and catch of halibut in U.S.
Convention waters as long as those regulations do not conflict with
IPHC regulations. The proposed action is consistent with the Council's
authority under the Halibut Act to implement management measures for
the halibut IFQ fishery and does not conflict with IPHC regulations.
This proposed rule has been determined to be not significant for
purposes of Executive Order 12866.
Regulatory Impact Review
NMFS prepared an analysis (``Analysis'') to assess the cost and
benefits of available regulatory alternatives and considers all
quantitative and qualitative measures. A copy of the Analysis is
available from NMFS as indicated in the ADDRESSES section above.
Certification Under the Regulatory Flexibility Act
The Chief Counsel for Regulation of the Department of Commerce
certified to the Chief Counsel for Advocacy of the Small Business
Administration that this proposed rule, if adopted, would not have a
significant economic impact on a substantial number of small entities.
NMFS requests comments on this certification for this proposed rule.
The factual basis for this determination is as follows:
This proposed rule would modify IFQ Program regulations for IFQ and
CDQ pot gear fisheries, including expanded flexibilities for the
configuration of the biodegradable panel and tunnel opening exceptions
for pots used to harvest IFQ and CDQ. This proposed rule would reduce
the number of marker buoys and eliminate flagpole and radar reflector
requirements for pot gear, modify gear tending and gear retrieval
requirements, and increase pot limits. This proposed rule would
authorize jig gear as a legal gear type for harvesting sablefish IFQ
and CDQ, expanding fishing opportunities for entry-level participants.
Lastly, the proposed action would temporarily remove the Adak CQE
residency requirement for an additional five years and modify
recordkeeping and reporting requirements to improve operational
efficiency. A discussion of the potential impacts of the proposed
action is further discussed in sections 4.7 and 4.8 of the Analysis.
Entities that would be directly regulated by this proposed rule
include all vessel operators that harvest halibut and sablefish,
including IFQ, CDQ, or CQE Program participants. In 2020, the most
recent year with vessel revenue data available, 773 vessel operators
participated in the BSAI IFQ or CDQ and GOA IFQ fixed gear halibut and
sablefish fisheries. Of these vessel operators, 752 are considered
small entities and 21 are considered large entities. Vessel operators
are an estimate based on the number of unique vessels. Vessel operators
are used as the unit for directly regulated small entities because
there is no way to estimate revenue using individual QS holders. Direct
impacts would be expected to be positive and beneficial for vessel
operators who participate in the IFQ, CDQ, or CQE Programs because the
intent of this action is to reduce regulatory burden and increase
flexibility to allow for innovation in pot gear configurations and
individual operations on the fishing grounds. Direct impacts are
expected to be positive and beneficial for vessel operators who
participate in the CQE Program because the intent of removing the
residency requirement for an additional period of five years is to
provide more opportunity for the Adak CQE to fully harvest its
allocation.
This action does not place any new regulatory burden on vessel
operators; instead, this action increases flexibility and operational
efficiency. For these reasons, this action is not expected to have an
adverse economic impact on a substantial number of small entities, an
initial regulatory flexibility analysis is not required, and none has
been prepared.
Information Collection Requirements
This proposed rule contains collection of information requirements
subject to review and approval by the Office of Management and Budget
(OMB) under the Paperwork Reduction Act (PRA). This proposed rule would
revise existing collection-of-information requirements for OMB Control
Number 0648-0665 (Alaska CQE Program) and revise and extend for 3-years
existing collection-of-information requirements for 0648-0353 (Alaska
Region Gear Identification Requirements). The existing collection-of-
information requirements would continue to apply under 0648-0213
(Alaska Region Logbook and Activity Family of Forms); 0648-0272 (Alaska
Pacific Halibut & Sablefish Fisheries: IFQ); and 0648-0515 (Alaska
Interagency Electronic Reporting System). The proposed changes to the
collections are described below. The public reporting burdens for the
information collection requirements provided below includes the time
for
[[Page 71566]]
reviewing instructions, searching existing data sources, gathering and
maintaining the data needed, and completing and reviewing the
collection of information.
OMB Control Number 0648-0353
NMFS proposes to revise and extend by three years the existing
requirements for OMB Control Number 0648-0353. This collection contains
gear identification requirements for the groundfish fisheries in the
Exclusive Economic Zone off Alaska. This collection would be revised to
reduce the number of marker buoys required for longline pot gear
deployed to fish IFQ sablefish in the GOA because this proposed rule
would remove requirements for the vessel owner to use four or more
marker buoys, a flag mounted on a pole, and a radar reflector to mark
each end of a longline set. Removing these requirements would decrease
the burden for harvesters and increase operational efficiency. The
number of respondents would not change. Public reporting burden is
estimated to average 15 minutes or less per individual response to
collect the information and paint it on a buoy. Subject to public
comment, no changes are made to the estimated burden as the estimate
allows for differences in the time needed to mark buoys. The estimated
total number of respondents for this collection is 895; the estimated
total annual burden hours are 1,460 hours; and the estimated total
annual cost to the public for recordkeeping and reporting costs is
$13,425.
OMB Control Number 0648-0665
This information collection is revised to modify the text on the
Application for CQE to Transfer IFQ to an Eligible Community Resident
or Non-Resident because this proposed rule would remove the residency
requirement for the Adak CQE for five years.
This proposed rule also would revise regulations for the CQE annual
report, the CQE LLP authorization letter, the Application for Nonprofit
Corporation to be Designated as a CQE, and the Application for a CQE to
Receive a Non-trawl Groundfish LLP License to provide additional
methods for the public to submit the information as the agency moves
toward electronic submission.
These revisions do not affect the number of respondents,
anticipated responses, or burden hours or costs. The public reporting
burden per individual response is estimated to average 2 hours for the
Application for CQE to Transfer IFQ to an Eligible Community Resident
or Non-Resident, 200 hours for the Application for Nonprofit
Corporation to be Designated as a CQE, 40 hours for the CQE Annual
Report, 20 hours for the Application for a CQE to Receive a Non-trawl
Groundfish LLP License, and 1 hour for the CQE License Limitation
Program Authorization letter.
Public Comment
Public comment is sought regarding: whether these proposed
collections of information are 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 to NMFS
Alaska Region at the ADDRESSES above and at <a href="http://www.reginfo.gov/public/do/PRAMain">www.reginfo.gov/public/do/PRAMain</a>.
Notwithstanding any other provisions of the law, no person is
required to respond to and no person shall 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 in 50 CFR Part 679
Alaska, Fisheries, Reporting and recordkeeping requirements.
Dated: November 16, 2022.
Samuel D. Rauch, III,
Deputy Assistant Administrator for Regulatory Programs, National Marine
Fisheries Service.
For the reasons set out in the preamble, NMFS proposes to amend 50
CFR part 679 as follows:
PART 679--FISHERIES OF THE EXCLUSIVE ECONOMIC ZONE OFF ALASKA
0
1. The authority citation for part 679 continues to read as follows:
Authority: 16 U.S.C. 773 et seq.; 1801 et seq.; 3631 et seq.;
Pub. L. 108-447; Pub. L. 111-281.
0
2. In Sec. 679.2 amend the definition for ``Authorized fishing gear''
by revising paragraph (4)(ii) and the introductory text of paragraph
(15), adding paragraph (15)(i)(A), adding and reserving paragraph
(15)(i)(B), and revising paragraph (15)(iii) to read as follows:
Sec. 679.2 Definitions.
* * * * *
Authorized fishing gear * * *
(4) * * *
(ii) For sablefish harvested from any BSAI reporting area, all
hook-and-line gear, jig gear, and all pot gear.
* * * * *
(15) Pot gear means a portable structure, rigid or collapsible,
that is designed and constructed to capture and retain fish alive in
the water. This gear type includes longline pot and pot-and-line gear.
Each groundfish pot must comply with the following:
(i) * * *
(A) Collapsible pot exception. A collapsible pot (e.g., slinky pot)
used to fish for halibut IFQ or CDQ, or sablefish IFQ or CDQ, in
accordance with paragraph (4) of this definition, is exempt from the
biodegradable panel placement requirements described in paragraph
(15)(i) of this definition. Instead, a collapsible pot must have either
a biodegradable panel placed anywhere on the mesh of the collapsible
pot, which is at least 18 inches (45.72 cm) in length and is made from
untreated cotton thread of no larger size than No. 30, or one door on
the pot must measure at least 18 inches (45.72 cm) in diameter and be
wrapped with untreated cotton thread of no larger size than No. 30.
(B) [Reserved]
* * * * *
(iii) Halibut retention exception. If halibut retention is required
when harvesting halibut from any IFQ regulatory area in the BSAI or
GOA, the requirements to comply with a tunnel opening for pots when
fishing for IFQ or CDQ halibut or IFQ or CDQ sablefish in the BSAI in
accordance with Sec. 679.42(m), or for IFQ sablefish in the GOA in
accordance with Sec. 679.42(l), do not apply.
* * * * *
Sec. 679.4 [Amended]
0
3. Amend Sec. 679.4 as follows:
0
a. In paragraph (k)(10)(vi)(A), remove the address text, ``, NMFS, P.O.
Box 21668, Juneau, AK 99802''; and
0
b. In paragraph (k)(10)(vi)(D), remove the address text, ``sent to the
Regional Administrator, NMFS, P.O. Box 21668, Juneau, AK 99802'' and
add in its place, ``submitted to the Regional Administrator''.
* * * * *
0
4. Amend Sec. 679.5 as follows:
0
a. Revise paragraphs (c)(1)(ii), (c)(3)(i)(A)(1), (c)(3)(i)(B)(1), and
(c)(3)(iv)(A)(2); and
0
b. In paragraph (t)(2), remove the address text, ``National Marine
Fisheries Service, P.O. Box 21668, Juneau, AK 99802,''.
The revisions read as follows:
[[Page 71567]]
Sec. 679.5 Recordkeeping and reporting (R&R).
* * * * *
(c) * * *
(1) * * *
(ii) Use of two or more vessel logbooks of different gear types. If
two or more different gear types are used onboard a vessel in a fishing
year, the operator(s) of this vessel may use the same vessel logbooks
for different gear types, provided different gear types are recorded on
separate pages.
* * * * *
(3) * * *
(i) * * *
(A) * * *
(1) Except as described in paragraph (f)(1)(i) of this section, the
operator of a catcher vessel 60 ft (18.3 m) or greater LOA, that is
required to have an FFP under Sec. 679.4(b) and that is using longline
or pot gear to harvest groundfish must maintain a longline and pot gear
DFL and may use the same logbook for longline and pot gear, provided
different gear types are recorded on separate pages.
* * * * *
(B) * * *
(1) The operator of a catcher vessel less than 60 ft (18.3 m) LOA,
using longline pot gear to harvest IFQ sablefish or IFQ halibut in the
GOA, or using pot gear to harvest IFQ or CDQ halibut or IFQ or CDQ
sablefish in the BSAI, must maintain a longline and pot gear DFL
according to paragraph (c)(3)(iv)(A)(2) of this section and may use the
same logbook for longline and pot gear, provided different gear types
are recorded on separate pages.
* * * * *
(iv) * * *
(A) * * *
(2) If a catcher vessel identified in paragraph (c)(3)(i)(A)(1) or
(c)(3)(i)(B)(1) through (3) of this section is active, the operator
must record in the longline and pot gear DFL, for one or more days on
each logsheet, the information listed in paragraphs (c)(3)(v), (vi),
(viii), and (x) of this section and may use the same logbook for
longline and pot gear, provided different gear types are recorded on
separate pages.
* * * * *
0
5. In Sec. 679.7, revise paragraphs (f)(21) through (24) to read as
follows:
Sec. 679.7 Prohibitions.
* * * * *
(f) * * *
(21) Fail to redeploy or remove from the fishing grounds all
deployed longline pot gear that is assigned to, and used by, a catcher
vessel within five days of deploying the gear to fish IFQ sablefish in
the Southeast Outside District of the GOA in accordance with Sec.
679.42(l)(5)(iii)(A).
(22) Fail to redeploy or remove from the fishing grounds all
deployed longline pot gear that is assigned to, and used by, a catcher/
processor within five days of deploying the gear to fish IFQ sablefish
in the Southeast Outside District of the GOA in accordance with Sec.
679.42(l)(5)(iii)(B).
(23) Fail to redeploy or remove from the fishing grounds all
deployed longline pot gear that is assigned to, and used by, a catcher
vessel or a catcher/processor within five days of deploying the gear to
fish IFQ sablefish in the West Yakutat District of the GOA, and within
seven days of deploying the gear to fish IFQ sablefish in the Central
GOA regulatory area, in accordance with Sec. 679.42(l)(5)(iii)(C) and
(E).
(24) Fail to redeploy or remove from the fishing grounds all
deployed longline pot gear that is assigned to, and used by, a catcher
vessel or a catcher/processor within seven days of deploying the gear
to fish IFQ sablefish in the Western GOA regulatory area in accordance
with Sec. 679.42(l)(5)(iii)(D).
* * * * *
0
6. In Sec. 679.20, revise paragraphs (a)(4)(iii)(A), (a)(4)(iv)(A),
and (b)(1)(i) to read as follows:
Sec. 679.20 General limitations.
* * * * *
(a) * * *
(4) * * *
(iii) * * *
(A) Fixed gear. Vessels in the Bering Sea subarea using fixed gear
will be allocated 50 percent of each TAC for sablefish.
* * * * *
(iv) * * *
(A) Fixed gear. Vessels in the Aleutian Islands subarea using fixed
gear will be allocated 75 percent of each TAC for sablefish.
* * * * *
(b) * * *
(1) * * *
(i) Nonspecified reserve. Fifteen percent of the BSAI TAC for each
target species, except pollock, the fixed gear allocation for
sablefish, and the Amendment 80 species, which includes Pacific cod, is
automatically placed in the nonspecified reserve before allocation to
any sector. The remaining 85 percent of each TAC is apportioned to the
initial TAC for each target species that contributed to the
nonspecified reserve. The nonspecified reserve is not designated by
species or species group. Any amount of the nonspecified reserve may be
apportioned to target species that contributed to the nonspecified
reserve, provided that such apportionments are consistent with
paragraph (a)(3) of this section and do not result in overfishing of a
target species.
* * * * *
0
7. In Sec. 679.21 revise paragraph (a)(5) to read as follows:
Sec. 679.21 Prohibited species bycatch management.
(a) * * *
(5) Sablefish as a prohibited species. (See Sec. 679.24(c) for
gear restrictions for sablefish.)
* * * * *
0
8. In Sec. 679.24, revise paragraphs (a)(3), (c)(2)(i)(A) and (B), and
(c)(3) and (4) to read as follows:
Sec. 679.24 Gear limitations.
* * * * *
(a) * * *
(3) Each end of a set of longline pot gear deployed to fish IFQ
sablefish in the GOA must have one hard buoy ball attached and marked
with the capital letters ``LP'' in accordance with paragraph (a)(2) of
this section.
* * * * *
(c) * * *
(2) * * *
(i) * * *
(A) No person may use any gear other than hook-and-line, longline
pot, jig, or trawl gear when fishing for sablefish in the Eastern GOA
regulatory area.
(B) No person may use any gear other than hook-and-line gear,
longline pot gear, or jig gear to engage in directed fishing for IFQ
sablefish.
* * * * *
(3) Central and Western GOA regulatory areas; sablefish as
prohibited species. Operators of vessels using gear types other than
hook-and-line, longline pot, jig, or trawl gear in the Central and
Western GOA regulatory areas must treat any catch of sablefish in these
areas as a prohibited species as provided by Sec. 679.21(a).
(4) BSAI. Operators of vessels using gear types other than hook-
and-line, longline pot, pot-and-line, jig, or trawl gear in the BSAI
must treat sablefish as a prohibited species as provided by Sec.
679.21(a).
* * * * *
Sec. 679.41 [Amended]
0
9. In Sec. 679.41, in paragraph (l)(3), remove the two references to
the address text ``, NMFS, P.O. Box 21668, Juneau, AK 99802''.
0
10. In Sec. 679.42, revise paragraphs (d)(2)(iv)(C), (e)(8)(ii),
(f)(7)(ii), (l)(5)(ii)(B), (l)(5)(iii)(A) and (C), and add paragraph
(l)(5)(iii)(E) to read as follows:
[[Page 71568]]
Sec. 679.42 Limitations on use of QS and IFQ.
* * * * *
(d) * * *
(2) * * *
(iv) * * *
(C) Except as provided for in paragraph (d)(2)(iv)(C)(1) of this
section, NMFS will not approve a medical transfer if the applicant has
received a medical transfer in any 3 of the previous 7 calendar years
for any medical reason.
(1) Medical transfers approved in 2020, 2021, or 2022 do not count
toward the restriction detailed in paragraph (d)(2)(iv)(C) of this
section.
(2) [Reserved]
* * * * *
(e) * * *
(8) * * *
(ii) In the Aleutian Islands subarea may lease the IFQ resulting
from that QS to any person who has received an approved Application for
Eligibility as described in Sec. 679.41(d) prior to [date five years
after the effective date of the final rule], but only to an eligible
community resident of Adak, AK, after [date five years after the
effective date of the final rule].
* * * * *
(f) * * *
(7) * * *
(ii) In IFQ regulatory Area 4B may lease the IFQ resulting from
that QS to any person who has received an approved Application for
Eligibility as described in Sec. 679.41(d) prior to [date five years
after the effective date of the final rule] but only to an eligible
community resident of Adak, AK, after [date five years after the
effective date of the final rule].
* * * * *
(l) * * *
(5) * * *
(ii) * * *
(B) In the West Yakutat District of the GOA, a vessel operator is
limited to deploying a maximum of 200 pots.
* * * * *
(iii) * * *
(A) In the Southeast Outside District of the GOA, a catcher vessel
operator must redeploy or remove from the fishing grounds all longline
pot gear that is assigned to the vessel and deployed to fish IFQ
sablefish within five days of deploying the gear.
* * * * *
(C) In the West Yakutat District of the GOA, a vessel operator must
redeploy or remove from the fishing grounds all longline pot gear that
is assigned to the vessel and deployed to fish IFQ sablefish within
five days of deploying the gear.
* * * * *
(E) In the Central GOA regulatory area, a vessel operator must
redeploy or remove from the fishing grounds all longline pot gear that
is assigned to the vessel and deployed to fish IFQ sablefish within
seven days of deploying the gear.
* * * * *
[FR Doc. 2022-25296 Filed 11-22-22; 8:45 am]
BILLING CODE 3510-22-P
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</html>Indexed from Federal Register on November 23, 2022.
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