Proposed Rule2024-07115
Fisheries of the Exclusive Economic Zone off Alaska; Amendment 113 to the Fishery Management Plan for the Groundfish of the Gulf of Alaska; Central Gulf of Alaska Rockfish Program Adjustments
Primary source
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Published
April 4, 2024
Issuing agencies
Commerce DepartmentNational Oceanic and Atmospheric Administration
Abstract
The North Pacific Fishery Management Council (Council) submitted to the Secretary of Commerce for review, Amendment 113 to the Fishery Management Plan (FMP) for the Groundfish of the Gulf of Alaska (GOA). If approved, Amendment 113 would modify specific provisions of the Central Gulf of Alaska (CGOA) Rockfish Program (RP) to change the season start date, remove the catcher vessel (CV) cooperative holding cap, and revise the processing and harvesting caps implemented in the RP. This action is necessary to provide increased flexibility and efficiency, and better ensure the rockfish species total allowable catch (TAC) is fully harvested and landed in Kodiak while still maintaining the intent of the RP. Amendment 113 is intended to promote the goals and objectives of the Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-Stevens Act), the FMP, and other applicable laws.
Full Text
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<title>Federal Register, Volume 89 Issue 66 (Thursday, April 4, 2024)</title>
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[Federal Register Volume 89, Number 66 (Thursday, April 4, 2024)]
[Proposed Rules]
[Pages 23535-23536]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-07115]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Parts 679
RIN 0648-BM69
Fisheries of the Exclusive Economic Zone off Alaska; Amendment
113 to the Fishery Management Plan for the Groundfish of the Gulf of
Alaska; Central Gulf of Alaska Rockfish Program Adjustments
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 to the Secretary of Commerce for review, Amendment 113 to the
Fishery Management Plan (FMP) for the Groundfish of the Gulf of Alaska
(GOA). If approved, Amendment 113 would modify specific provisions of
the Central Gulf of Alaska (CGOA) Rockfish Program (RP) to change the
season start date, remove the catcher vessel (CV) cooperative holding
cap, and revise the processing and harvesting caps implemented in the
RP. This action is necessary to provide increased flexibility and
efficiency, and better ensure the rockfish species total allowable
catch (TAC) is fully harvested and landed in Kodiak while still
maintaining the intent of the RP. Amendment 113 is intended to promote
the goals and objectives of the Magnuson-Stevens Fishery Conservation
and Management Act (Magnuson-Stevens Act), the FMP, and other
applicable laws.
DATES: Comments must be received no later than June 3, 2024.
ADDRESSES: You may submit comments on this document, identified by
NOAA-NMFS-2023-0149 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-2023-0149 in the Search box
(note: copying and pasting the FDMS Docket Number directly from this
document may not yield search results). Click on the ``Comment'' icon,
complete the required fields, and enter or attach your comments.
<bullet> Mail: Submit written comments to Gretchen Harrington,
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="https://www.regulations.gov">https://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 Amendment 113 to the FMP, the Environmental
Assessment/Regulatory Impact Review prepared for this action (the
Analysis), and the Finding of No Significant Impact prepared for this
action may be obtained from <a href="http://www.regulations.gov">www.regulations.gov</a> and 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 this particular information
collection by selecting ``Currently under Review--Open for Public
Comments'' or by using the search function.
FOR FURTHER INFORMATION CONTACT: Joel Kraski, 907-586-7228 or
<a href="/cdn-cgi/l/email-protection#2d4742484103465f4c5e46446d43424c4c034a425b"><span class="__cf_email__" data-cfemail="4d2722282163263f2c3e26240d23222c2c632a223b">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION: The Council submitted Amendment 113 to the
FMP to the Secretary for review. If approved by the Secretary,
Amendment 113 would provide increased flexibility, efficiency and add
protection against unforeseen circumstances for the fishery by
expanding the fishing season to harvest and land CGOA rockfish TAC in
Kodiak as intended, while still maintaining the intent of the RP.
Amendment 113 is intended to promote the goals and objectives of the
Magnuson-Stevens Act, the FMP, and other applicable laws.
The Magnuson-Stevens Act requires that each regional fishery
management council submit any fishery management plan amendment it
prepares to NMFS for review and approval, disapproval, or partial
approval by the Secretary. The Magnuson-Stevens Act also requires that
NMFS, upon receiving a fishery management plan amendment, immediately
publish a document in the Federal Register announcing that the
amendment is available for public review and comment. This document
announces that proposed Amendment 113 to the FMP is available for
public review and comment.
The Council prepared, and the Secretary approved, the GOA FMP under
the authority of section 302(h)(1) and 303(b) of the Magnuson-Stevens
Act, 16 U.S.C. 1801 et seq. The FMP is implemented by Federal
regulations governing U.S. fisheries at 50 CFR part 679. The Council is
authorized to prepare and recommend a GOA FMP amendment for the
conservation and management of a fishery covered under the GOA FMP.
The RP provides exclusive harvesting privileges for vessels using
trawl gear to harvest a specific set of rockfish species and associated
species incidentally harvested to those rockfish in the Central GOA, an
area from 147[deg] W long. to 159[deg] W long. The granting of
exclusive harvesting is commonly called rationalization. The rockfish
primary species rationalized under the RP are northern rockfish,
Pacific ocean perch, and dusky rockfish. The incidentally harvested
groundfish taken in the primary rockfish fisheries and which also are
rationalized under the RP are called the secondary species. The
secondary species include Pacific cod, rougheye rockfish, shortraker
rockfish, and sablefish. In addition to these secondary species, the RP
allocates a portion of the halibut bycatch mortality limit annually
specified for the GOA trawl fisheries to RP participants. The Council
included the port delivery requirement to address industry concern that
harvesters participating in the RP continue to deliver catch to the
traditional port of Kodiak (76 FR 81248, December 27, 2011).
Use caps, or caps, are the maximum amount of a species or
assemblage that may be harvested or processed by a vessel or processing
plant. Cumulative changes since 2014 have impacted the CGOA fisheries,
resulting in difficulties harvesting and processing the trawl CV RP
cooperative quota (CQ), especially later in the season as processors
approach the limit of their current processing caps or close for
seasonal maintenance. Seasonal fishing activity is the driving force
for the planning of vessels and processing facility staff needs.
Changes since 2021 to the CGOA flatfish market, and the loss of several
shoreside processing facilities in Kodiak, have created the need for
additional flexibility to allow the fishery to adapt to unforeseen
challenges within
[[Page 23536]]
the fishery. These challenges could include rockfish processor
shutdowns or impacts to the markets.
Seven unique Kodiak processors, each associated with a unique
rockfish vessel cooperative, participated in the RP from 2012 through
2014. These rockfish cooperatives are voluntarily formed by permit
harvesters and receive an exclusive harvest privilege to the groundfish
species in the CGOA. One RP rockfish processor was acquired in 2014 by
another RP processing company, reducing the total number of RP
processors to six but leaving the number of RP cooperatives unchanged.
Later, in 2018, an RP rockfish processor ceased processing and the
associated RP cooperative disbanded. In 2020, a merger between RP
processors, and a third RP processor deciding not to take any RP
deliveries, reduced the total number to four RP processors. Processors
are currently limited to processing 30 percent of the CQ. In late 2023,
one of the four remaining RP processors announced the intent to sell
the rockfish processing plant located in Kodiak, which may leave 10
percent of the TAC in the water.
Amendment 113 would provide additional flexibility for vessels to
participate in the RP during April, and could keep RP processors fully
operational, thus mitigating impacts from changes in market conditions.
Since 2021, the CGOA flatfish market prices have declined, partially
due to increased tariffs, negatively impacting Kodiak processors
financially due to labor planning and lack of sustained deliveries to
keep processing crews active. The change in season start date would
likely help maintain processing capacity for other non-trawl fisheries
through workforce stability, which was observed during the 2021
rockfish season under the emergency rule (86 FR 14851, March 19, 2021),
which moved the season start date to April 1, 2021. Changes to RP
processor use caps would remove processing cap constraints while still
maintaining the Council's original intent of preventing consolidation
and meeting the overall goal of prosecuting this fishery in a
sustainable and efficient manner. These changes to the regulations
would provide additional opportunity for the TACs for the primary
rockfish and other allocated species to be fully harvested, as
indicated by the Council's purpose and need statement.
NMFS is soliciting public comments on proposed Amendment 113
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 Amendment 113 following NMFS's evaluation of
the proposed rule under the Magnuson-Stevens Act.
Respondents do not need to submit the same comments on Amendment
113 and the proposed rule. All relevant written comments received by
the end of the applicable comment period, whether specifically directed
to the FMP amendment or the proposed rule, will be considered by NMFS
in the approval/disapproval decision for Amendment 113 and addressed in
the response to comments in the final rule. Comments received after
that date may not be considered in the approval/disapproval decision on
Amendment 113. To be certain of consideration, comments must be
received, not just postmarked or otherwise transmitted, by the last day
of the comment period (see DATES).
Authority: 16 U.S.C. 1801 et seq.
Dated: March 29, 2024.
Everett Wayne Baxter,
Acting Director, Office of Sustainable Fisheries, National Marine
Fisheries Service.
[FR Doc. 2024-07115 Filed 4-3-24; 8:45 am]
BILLING CODE 3510-22-P
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