Rule2024-18053
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
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
August 16, 2024
Effective
September 16, 2024
Issuing agencies
Commerce DepartmentNational Oceanic and Atmospheric Administration
Abstract
NMFS issues this final rule to implement amendment 113 to the Fishery Management Plan (FMP) for the Groundfish of the Gulf of Alaska (GOA). This final rule modifies specific provisions of the Central Gulf of Alaska (CGOA) Rockfish Program (RP) to change the season start date, remove the catcher vessel (CV) cooperative quota (CQ) cap, and revise the processing and harvesting caps. This final rule is necessary to provide increased flexibility and efficiency and to help ensure the rockfish total allowable catch (TAC) is fully harvested and landed in Kodiak while maintaining the intent of the RP. This action is intended to promote the goals and objectives of the Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-Stevens Act), the GOA FMP, and other applicable laws.
Full Text
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<title>Federal Register, Volume 89 Issue 159 (Friday, August 16, 2024)</title>
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[Federal Register Volume 89, Number 159 (Friday, August 16, 2024)]
[Rules and Regulations]
[Pages 66633-66638]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-18053]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 679
[Docket No. 240808-0216]
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: Final rule.
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SUMMARY: NMFS issues this final rule to implement amendment 113 to the
Fishery Management Plan (FMP) for the Groundfish of the Gulf of Alaska
(GOA). This final rule modifies specific provisions of the Central Gulf
of Alaska (CGOA) Rockfish Program (RP) to change the season start date,
remove the catcher vessel (CV) cooperative quota (CQ) cap, and revise
the processing and harvesting caps. This final rule is necessary to
provide increased flexibility and efficiency and to help ensure the
rockfish total allowable catch (TAC) is fully harvested and landed in
Kodiak while maintaining the intent of the RP. This action is intended
to promote the goals and objectives of the Magnuson-Stevens Fishery
Conservation and Management Act (Magnuson-Stevens Act), the GOA FMP,
and other applicable laws.
DATES: Effective September 16, 2024.
ADDRESSES: Electronic copies of amendment 113 to the GOA 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="https://www.regulations.gov">https://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
final rule may be submitted to NMFS Alaska Region, P.O. Box 21668,
Juneau, AK 99802-1668, Attn: Gretchen Harrington; 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,
<a href="/cdn-cgi/l/email-protection#9cf6f3f9f0b2f7eefdeff7f5dcf2f3fdfdb2fbf3ea"><span class="__cf_email__" data-cfemail="62080d070e4c09100311090b220c0d03034c050d14">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION: This final rule implements amendment 113 to
the GOA FMP. A notice of availability (NOA) for amendment 113 was
published by NMFS in the Federal Register on April 4, 2024 (89 FR
23535), with public comments invited through June 3, 2024. NMFS
published a proposed rule to implement amendment 113 in the Federal
Register on May 10, 2024 (89 FR 40449), with public comments invited
through June 10, 2024. The Secretary of Commerce approved amendment 113
on June 27, 2024 after considering information from the public and
determining that amendment 113 is consistent with the GOA FMP, the
Magnuson-Stevens Act, and other applicable laws.
NMFS received 3 relevant written comments in response to requests
for public comment, that were either directed to the NOA for the FMP
amendments, the proposed rule, or both, in association with Secretarial
approval of the amendment or the proposed rule. A summary of the
comments and NMFS' responses are provided under the heading Comments
and Responses section below.
Background
The Rockfish Program
The RP was developed to enhance resource conservation and improve
economic efficiency in the CGOA rockfish fisheries. A detailed
description of the RP and its development is provided in the preambles
to the proposed and final
[[Page 66634]]
rules implementing the RP (76 FR 52147, August 19, 2011; 76 FR 81248,
December 27, 2011).
The RP, which includes the CGOA rockfish species of Pacific ocean
perch, northern rockfish, and pelagic shelf rockfish, is based on the
recognition of historical participation of fishing vessels and
processors in the CGOA rockfish fisheries from 1996 to 2002. The
rockfish primary species are northern rockfish, Pacific ocean perch,
and dusky rockfish. The rockfish secondary species are Pacific cod,
rougheye rockfish, shortraker rockfish, and sablefish. The RP provides
catch limits for non-rockfish species and non-target rockfish species
harvested with the CGOA rockfish species, based upon historical harvest
levels of these incidentally caught species, and sets aside up to 5
percent of the TAC of the CGOA rockfish fisheries for CVs that are not
eligible to participate in the program. The RP apportions TAC to
cooperatives formed by individuals holding a License Limitation Program
(LLP) license with rockfish quota share (QS). Fishing under cooperative
management resulted in a slower-paced fishery that allowed harvesters
to choose when to fish and provided greater stability for processors by
spreading out production over a longer period of time.
Final Rule
Amendment 113 and this final rule address changes in, and
potentially resolve associated commercial fish market impacts to, the
RP fishery since the RP was reauthorized in 2021. A detailed
description of this action and its development is provided in the
preamble to the proposed rule and in the Analysis.
This final rule changes the regulations to improve the likelihood
that the TACs for the rockfish species are fully harvested and landed
in Kodiak. This final rule provides additional flexibility for trawl
vessels to participate in the RP during April each year, and keep
rockfish processors fully operational, thus mitigating impacts from
changes in market conditions. This final rule also implements changes
to three of the RP use caps to remove constraints on the amount of CQ
that can be caught or processed by participants, while still
maintaining RP's original intent to limit consolidation while allowing
this fishery to be prosecuted in a sustainable and functional manner.
The term ``use cap'' or ``cap'' is the limit on the quota that can be
caught or processed by participants in the RP.
Change in Rockfish Program Season Start Date
This final rule changes the start date for this fishery from May 1
to April 1, specified at 50 CFR 679.80(a)(3)(ii) for a rockfish
cooperative, to enhance flexibility for processing plants and vessel
operators participating in the RP. This change in season start date
helps maintain processing capacity for other non-trawl fisheries
through workforce stability.
This final rule changes associated references to RP season start
dates in Sec. Sec. 679.5(r)(10), 679.7(n)(3)(i), 679.7(n)(6)(vi),
679.51(a)(2)(vi)(D)(1), 679.81(i)(3), 679.84(g)(1), and 679.84(g)(2).
The changes in Sec. 679.5(r)(10) add April to the reporting period of
the Rockfish Ex-vessel Volume and Value Report. The changes in Sec.
679.7(n)(3)(i) and (n)(6)(vi) extend the requirement to use a Vessel
Monitoring System (VMS) during the month of April while operating in
the RP fishery. The changes in Sec. 679.51(a)(2)(vi)(D)(1) extend the
observer requirements for RP from May to the month of April. The
changes in Sec. Sec. 679.81(i)(3), 679.84(g)(1), and 679.84(g)(2)
extend when catch of the rockfish primary species and rockfish
secondary species are deducted from CQ from May to the month of April.
These provisions all reference the season start date for RP and the
changes in this final rule make the regulations consistent with the
change to the season start date and eliminate references to the prior
start date of May 1.
Remove the Catcher Vessel Cooperative Rockfish CQ Use Cap
This final rule removes Sec. 679.82(a)(3), thereby eliminating the
CV cooperative rockfish CQ use cap that prevents a CV rockfish
cooperative from holding or using an amount of rockfish primary species
CQ during a calendar year that is greater than an amount resulting from
30.0 percent of the aggregate rockfish primary species QS initially
assigned to the CV sector. Therefore, this final rule relieves the
unnecessary administrative burden caused by the CQ use cap preventing
RP CVs from joining together into larger cooperatives, providing more
flexibility within the RP fishery for CVs.
Increase the Use Caps for Rockfish Processors
This final rule revises 50 CFR 679.82(a)(5) to increase the use cap
for rockfish processors from 30 percent to 40 percent of the CV QS pool
for rockfish primary species, Pacific cod, and sablefish, which ensures
that a minimum of three Kodiak processors are necessary to process all
the RP CQ.
Revise CV Aggregated Rockfish Harvesting Cap
This final rule revises 50 CFR 679.82(a)(4) by removing dusky
rockfish and northern rockfish from the calculation of the 8 percent
harvest vessel use cap for CVs. This final rule does not change the
harvest vessel use cap for catcher/processor vessels.
This change removes the phrases ``rockfish primary species'' and
``aggregate rockfish primary species'' in paragraph (4) and replaces
them with the phrase ``Pacific ocean perch.'' This effectively removes
dusky rockfish and northern rockfish from the calculation of the 8
percent harvest vessel use cap, so that the cap now applies only to a
CV's harvest of Pacific ocean perch. This may improve the likelihood
that the TACs for the rockfish primary species and the rockfish
secondary species are fully harvested and landed in Kodiak.
Other Regulatory Changes
In addition to the regulatory changes necessary to implement
amendment 113, NMFS revises the following regulations for clarity,
efficiency, and technical consistency:
<bullet> Replace all relevant instances of ``pelagic shelf
rockfish'' with ``dusky rockfish'' in 50 CFR 679.7(n)(4),
679.7(n)(6)(vi), and table 37 in part 679. This change clarifies that
the regulations apply only to one species: dusky rockfish. This
resolves an incorrect species grouping reference that was not
completely resolved with the final rule to implement amendment 111 to
the GOA FMP (86 FR 11895, March 1, 2021);
<bullet> Revise 50 CFR 679.5(r)(8)(i)(A) and (B) to allow vessel
operators to submit the check in/out reports on behalf of the rockfish
cooperative for additional flexibility;
<bullet> Remove the website address for the NMFS Alaska Region
website in 50 CFR 679.5(r)(10)(v);
<bullet> Revise 50 CFR 679.81(f)(4) by removing the requirement to
submit all listed documents for the Annual Application for the RP.
Thus, all documents are required to be submitted with an initial
application, while applicants are required to resubmit only those
documents from the initial application that contain new or changed
information; and
<bullet> Revise 50 CFR 679.81(g)(2)(i) and (ii) by removing
``Transfer Key'' from the application for inter-cooperative transfer of
cooperative quota, as Transfer Keys are no longer used by the RP.
[[Page 66635]]
Comments and Responses
NMFS received three comment letters on the Notice of Availability
and the proposed rule. NMFS summarized and responded to the three
unique comments below. The comments were from individuals and industry
participants. One comment was outside the scope of this action.
Comment 1: The fishery is under extreme stress due to global and
domestic seafood market conditions across all species and sectors.
These adjustments help alleviate some of these challenges and
stressors.
Response: NMFS acknowledges the comment.
Comment 2: The current practice of having the cooperative's
designated representative perform all the check ins and check outs has
worked well to date and a regulatory change is not warranted for
catcher vessels. The provision allowing vessel operators to check
vessels in and out of the fishery should be limited to the Catcher
Processor sector.
Response: This provision requires that the designated
representative authorizes a vessel operator to complete vessel check-
ins and check-outs. This is a voluntary action and the designated
representative may opt to complete all vessel check-ins and check-outs
for the CV sector.
Changes From Proposed to Final Rule
NMFS made no changes from the proposed to final rule.
Classification
NMFS is issuing this final rule pursuant to sections 304(b) and
305(d) of the Magnuson-Stevens Act, which provide the specific
authority for implementing this action. Pursuant to sections 304(b) and
305(d) of the Magnuson-Stevens Act, this action is necessary to carry
out amendment 113 to the GOA FMP, other provisions of the Magnuson-
Stevens Act, and other applicable law, and to revise regulations
associated with the RP for clarity and technical consistency. Section
305(d), in particular, grants the authority to make technical changes
to existing regulations, updating cross-references, and clarifications
to facilitate pre-planned efficiencies. The NMFS Assistant
Administrator has determined that this final rule is consistent with
the FMP, other provisions of the Magnuson-Stevens Act, and other
applicable law.
This final rule has been determined to be not significant for the
purposes of Executive Order 12866.
Final Regulatory Flexibility Analysis (FRFA)
This FRFA incorporates the initial regulatory flexibility analysis
(IRFA), a summary of the significant issues raised by the public
comments in response to the IRFA, NMFS's responses to those comments,
and a summary of the analyses completed to support this action.
Section 604 of the Regulatory Flexibility Act (RFA) requires that,
when an agency promulgates a final rule under section 553 of Title 5 of
the U.S. Code, after being required by that section or any other law to
publish a general notice of proposed rulemaking, the agency shall
prepare a FRFA. Section 604 describes the required contents of a FRFA:
(1) a statement of the need for and objectives for this rule; (2) a
statement of the significant issues raised by the public comments in
response to the IRFA, a statement of the assessment of the agency of
such issues, and a statement of any changes made to the proposed rule
as a result of such comments; (3) the response of the agency to any
comments filed by the Chief Counsel for Advocacy of the Small Business
Administration (SBA) in response to the proposed rule, and a detailed
statement of any change made to the proposed rule in this final rule as
a result of the comments; (4) a description of and an estimate of the
number of small entities to which the rule will apply or an explanation
of why no such estimate is available); (5) a description of the
projected reporting, recordkeeping, and other compliance requirements
of the rule, including an estimate of the classes of small entities
that will be subject to the requirement and the type of professional
skills necessary for preparation of the report or record; and (6) a
description of the steps the agency has taken to minimize the
significant economic impact on small entities consistent with the
stated objectives of applicable statutes including a statement of the
factual, policy, and legal reasons for selecting the alternative
adopted in this final rule and why each one of the other significant
alternatives to the rule considered by the agency which affect the
impact on small entities was rejected.
A description of this final rule and the need for and objectives of
this rule are contained in the preamble to this final rule and the
preamble to the proposed rule and are not repeated here (89 FR 40449,
May 10, 2024).
Public and Chief Counsel for Advocacy Comments on the Proposed Rule
NMFS published the proposed rule on May 10, 2024 (89 FR 40449). An
IRFA was prepared and summarized in the ``Classification'' section of
the preamble to the proposed rule. The comment period closed on June
10, 2024. NMFS received three letters of public comment on the proposed
rule and amendment 113. The Chief Counsel for Advocacy of the SBA did
not file any comments on the proposed rule.
Summary of Significant Issues Raised During Public Comment
NMFS received no comments on the IRFA.
Number and Description of Small Entities Regulated by This Final Action
This final rule directly regulates the owners and operators of CVs
and catcher/processor vessels eligible to participate in the CGOA RP.
In 2022 (i.e., the most recent year of complete data), 57 vessels
participated in the RP, 26 of which are considered small entities based
on the $11 million threshold. None of the nine catcher/processor
vessels that participate in the RP are classified as small entities
because their combined gross income through affiliation with the
amendment 80 cooperative exceeds the $11 million first wholesale value
threshold for combined annual receipts for all affiliated operations
worldwide. Additional detail is included in sections 2.9 in the
Analysis prepared for this rule (see ADDRESSES).
Recordkeeping, Reporting, and Other Compliance Requirements
This final rule modifies recordkeeping and reporting requirements
under the RP to: (1) add the month of April to the Rockfish Ex-vessel
Volume and Value Report; (2) modify cooperative check-in/out procedures
to allow vessel operators to perform the check-in/out; (3) prohibit
operation of a vessel that is assigned to a rockfish cooperative and
fail to use functioning VMS equipment at all times when operating in a
reporting area off Alaska for the month of April; and (4) require
documentation for the Annual Application for the RP on the initial
application, while subsequently requiring less documentation.
Subsequent applications will only be required to resubmit documents for
the application if information has changed. These recordkeeping and
reporting changes clarify existing provisions of the RP and remove
unnecessary reporting requirements, with the result of slightly
reducing the reporting burden for all directly regulated entities
[[Page 66636]]
including small entities. The impact of these changes is described in
more detail in section 2.8.2 of the Analysis prepared for this final
rule (See ADDRESSES).
Description of Significant Alternatives That Minimize Adverse Impacts
on Small Entities
In recommending amendment 113 and this rule, the Council considered
two alternatives, with multiple elements, including the ``no action''
alternative (Alternative 1) and an action alternative (Alternative 2)
to modify the RP with four options to address a suite of potential
management revisions. Those options, which are described (along with a
description of the benefits of each option) above in the section
entitled, ``Final Rule,'' are to: (1) change the season start date from
May 1 to April 1; (2) remove the CV cooperative rockfish CQ use cap;
(3) increase the use caps for rockfish processors; and (4) revise the
CV aggregated rockfish harvesting cap. As described above in the
``Final Rule'' section, these options enhance flexibility (options 1, 2
and 3), relieve unnecessary administrative burdens for participants in
the RP (option 2), and provide increased opportunities to harvest a
larger portion of the dusky rockfish and northern rockfish CQ (option
4). The option to increase the processor use cap from 30 to 40 percent
could allow consolidation of RP processing activity to three rockfish
processors in Kodiak. This allows for the reduction of the number of
operating rockfish processors from four to three. The expected result
of this option to increase the processing cap would be continued
limiting of processor consolidation while also allowing for additional
flexibility compared to the status quo. These adjustments to the
current CGOA RP allow additional flexibility to adapt to changing
market and environmental conditions, both on the water and in
processing capacity within the community, as discussed in the ``Final
Rule'' section. The Council selected, and this final rule implements,
Alternative 2, and all four options under that alternative, which would
increase net benefits to the nation in comparison to the status quo.
The final action meets the overall goals of prosecuting this fishery in
a sustainable and functional manner and better ensuring that the TACs
for the primary rockfish species and other allocated species are fully
harvested and landed in Kodiak. As noted by the Council in its purpose
and need statement, this final action includes relatively small changes
to the regulations but these changes could have a meaningful impact on
the fishery and the Kodiak community.
Based upon the best available scientific data, and in consideration
of the Council's and NMFS's objectives of this action, there are no
significant alternatives to Alternative 2, which would be implemented
by this final rule, that have the potential to accomplish the stated
objectives of the Magnuson-Stevens Act and any other applicable
statutes, and that have the potential to minimize any significant
adverse economic impact of this final rule on small entities. After
consideration of input from the public, the Council and NMFS concluded
that the final action best accomplishes the stated objectives
articulated above in the SUPPLEMENTARY INFORMATION section of this
final rule, and in applicable statutes, and would minimize any
significant economic impact of the proposed rule on small entities.
Small Entity Compliance Guide
Section 212 of the Small Business Regulatory Enforcement Fairness
Act of 1996 states that, for each rule or group of related rules for
which an agency is required to prepare a final regulatory flexibility
analysis, the agency shall publish one or more guides to assist small
entities in complying with the rule and shall designate such
publications as ``small entity compliance guides.'' The agency shall
explain the actions a small entity is required to take to comply with a
rule or group of rules. The preambles to the proposed rule and this
final rule include a detailed description of the actions necessary to
comply with this rule. This action does not require any additional
compliance from small entities that is not described in the preambles
to the proposed rule and this final rule. Copies of the proposed rule
and this final rule are available from the NMFS website at <a href="https://www.fisheries.noaa.gov/region/alaska">https://www.fisheries.noaa.gov/region/alaska</a>.
Collection-of-Information Requirements
Under the Paperwork Reduction Act (PRA) of 1995, two collections of
information (and the requirements therein) would continue to apply with
no changes: Office of Management and Budget (OMB) Control Number 0648-
0445, NMFS Alaska Region VMS Program; and OMB Control Number 0648-0711,
Alaska Cost Recovery and Fee Programs. This final rule does not contain
a change to the requirements contained in these two collections.
This final rule contains collection-of-information requirements
subject to review and approval by the OMB under the PRA. This final
rule revises existing requirements for the collection of information
OMB Control Number 0648-0545, entitled ``Central Gulf of Alaska
Rockfish Program: Permits and Reports.'' As described below, the
revisions made by this final rule to OMB Control Number 0648-0545 will
not result in a change in estimated burden hours. Because of a
concurrent action (submitted for three-year renewal) for 0648-0545, the
revision to that collection of information for this rule will be
assigned a temporary control number, OMB Control Number 0648-0826, that
will later be merged into 0648-0545.
Specifically, this final rule revises the requirements for the
Application for Rockfish Cooperative Fishing Quota to require the
documents listed at 50 CFR 679.81(f)(4)(i) to be submitted only with
the initial application. In subsequent applications, applicants would
need to resubmit these documents only if information has changed. This
will not modify the respondents, responses, or the burden related to
this application. This final rule also allows vessel operators to
conduct the check-in and check-out process for the rockfish cooperative
vessel check-in and check-out reports. Currently this can only be done
by the RP cooperative representative. This revision adds 10 vessel
operators as new respondents for the rockfish check-in and check-out
reports but does not change the number of responses or the burden.
The public reporting burden for the Application for Rockfish
Cooperative Fishing Quota is estimated to average two hours and the
check-in and check-out reports are estimated to average 10 minutes
each. These burden estimates include the time for reviewing
instructions, searching existing data sources, gathering and
maintaining the data needed, and completing and reviewing the
collection of information.
We invite the general public and other Federal agencies to comment
on proposed and continuing information collections, which helps us
assess the impact of our information collection requirements and
minimize the public's reporting burden. Written comments and
recommendations for this information collection should be submitted at
<a href="http://www.reginfo.gov/public/do/PRAMain">www.reginfo.gov/public/do/PRAMain</a>. Find these particular information
collections by selecting ``Currently under Review'' or by using the
search function and entering the title of the collection or the OMB
Control Number.
Notwithstanding any other provision of the law, no person is
required to respond to, nor shall any person be subject to a penalty
for failure to comply
[[Page 66637]]
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: August 8, 2024.
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. 679.5, revise paragraphs (r)(8)(i)(A) introductory text,
(r)(8)(i)(B) introductory text, (r)(8)(ii), and (r)(10)(ii) and (v) to
read as follows:
Sec. 679.5 Recordkeeping and reporting (R&R).
* * * * *
(r) * * *
(8) * * *
(i) * * *
(A) Vessel check-in. The designated representative of a rockfish
cooperative must designate any vessel that is authorized to fish under
the rockfish cooperative's CQ permit, or, if authorized by the rockfish
cooperative, the operator of a vessel must do so, before that vessel
may fish under that CQ permit through a check-in procedure. The
designated representative for a rockfish cooperative or operator of the
vessel must submit to NMFS, in accordance with paragraph (r)(8)(ii) of
this section, a check-in designation for a vessel:
* * * * *
(B) Vessel check-out. The designated representative of a rockfish
cooperative must designate any vessel that is no longer fishing under a
CQ permit for that rockfish cooperative, or, if authorized by the
rockfish cooperative, the operator of the vessel must do so, through a
check-out procedure. A check-out report must be submitted to NMFS, in
accordance with (r)(8)(ii) of this section, within 6 hours after the
effective date and time the rockfish cooperative ends the vessel's
authority to fish under the CQ permit.
* * * * *
(ii) Submittal. The designated representative of the rockfish
cooperative or, if authorized by the rockfish cooperative, the operator
of a vessel must submit a vessel check-in or check-out report
electronically. The rockfish cooperative's designated representative or
vessel operator must log into the online system and create a vessel
check-in or vessel check-out request as indicated on the computer
screen. By using the NMFS ID password and submitting the transfer
request, the designated representative or vessel operator certifies
that all information is true, correct, and complete.
* * * * *
(10) * * *
(ii) Reporting period. The reporting period of the Rockfish Ex-
vessel Volume and Value Report shall extend from April 1 through
November 15 of each year.
* * * * *
(v) Submittal. The rockfish processor must complete and submit
online by electronic submission to NMFS the Rockfish Ex-vessel Volume
and Value Report available at the Alaska Region website.
* * * * *
0
3. Amend Sec. 679.7 by:
0
a. Revising paragraph (n)(3)(i) introductory text; and
0
b. Removing in paragraphs (n)(4) and (n)(6)(vi) the phrase ``pelagic
shelf rockfish'' and adding, in its place, the phrase ``dusky
rockfish''.
The revision reads as follows:
Sec. 679.7 Prohibitions.
* * * * *
(n) * * *
(3) * * *
(i) Operate a vessel that is assigned to a rockfish cooperative and
fail to use functioning VMS equipment as described at Sec. 679.28(f)
at all times when operating in a reporting area off Alaska from April
1:
* * * * *
0
4. In Sec. 679.51, revise paragraph (a)(2)(vi)(D)(1) to read as
follows:
Sec. 679.51 Observer and Electronic Monitoring System requirements
for vessels and plants.
(a) * * *
(2) * * *
(vi) * * *
(D) * * *
(1) Rockfish cooperative. A catcher/processor that is named on an
LLP license that is assigned to a rockfish cooperative and is fishing
under a CQ permit must have at least two observers aboard for each day
that the vessel is used to catch or process fish in the Central GOA
from April 1 through the earlier of November 15 or the effective date
and time of an approved rockfish cooperative termination of fishing
declaration. At least one observer must be endorsed as a lead level 2
observer. More than two observers must be aboard if the observer
workload restriction would otherwise preclude sampling as required.
* * * * *
0
5. In Sec. 679.80, revise paragraph (a)(3)(ii) to read as follows:
Sec. 679.80 Allocation and transfer of rockfish QS.
* * * * *
(a) * * *
(3) * * *
(ii) Rockfish cooperative. Fishing by vessels participating in a
rockfish cooperative is authorized from 1200 hours, A.l.t., April 1
through 1200 hours, A.l.t., November 15.
* * * * *
0
6. In Sec. 679.81, revise paragraphs (f)(4) introductory text,
(f)(4)(i) introductory text, (g)(2)(i) and (ii), and (i)(3)(viii) and
(xxii) read as follows:
Sec. 679.81 Rockfish Program annual harvester privileges.
* * * * *
(f) * * *
(4) Contents of the Application. A completed application must
contain the information specified on the Application for Rockfish
Cooperative Fishing Quota identifying the rockfish cooperative, members
of the cooperative, and processor associate of a catcher vessel
rockfish cooperative, with all applicable fields accurately filled-in
and all required documentation attached. The initial application must
contain all documents specified in paragraph (f)(4)(i) of this section.
Subsequent applications will only be required to resubmit documents
specified at paragraph (f)(4)(i) of this section if the information
they contain has changed.
(i) Additional documentation. For the cooperative application to be
considered complete, the following documents must be attached to the
initial application:
* * * * *
(g) * * *
(2) * * *
(i) The transferor's designated representative must log into NMFS'
online system and create a transfer request as indicated on the
computer screen. By using the transferor's NMFS ID and password, and
submitting the transfer request, the designated representative
certifies that all
[[Page 66638]]
information is true, correct, and complete.
(ii) The transferee's designated representative must log into the
online system and accept the transfer request. By using the
transferee's NMFS ID and password, the designated representative
certifies that all information is true, correct, and complete.
* * * * *
(i) * * *
(3) * * *
------------------------------------------------------------------------
Catcher vessel Catcher/processor
Requirement sector sector
------------------------------------------------------------------------
* * * * * * *
(viii) Is there a season Yes, any vessel designated to catch CQ for
during which designated a rockfish cooperative is limited to
vessels may catch CQ?. catching CQ during the season beginning
on 1200 hours, A.l.t., on April 1 through
1200 hours, A.l.t., on November 15.
* * * * * * *
(xxii) When does catch count Any vessel fishing checked-in (and
against my CQ permit?. therefore fishing under the authority of
a CQ permit must count any catch of
rockfish primary species, rockfish
secondary species, or rockfish halibut
PSC against that rockfish cooperative's
CQ from April 1 until November 15, or
until the effective date of a rockfish
cooperative termination of fishing
declaration that has been approved by
NMFS).
* * * * * * *
------------------------------------------------------------------------
* * * * *
0
7. In Sec. 679.82, remove and reserve paragraph (a)(3) and revise
paragraphs (a)(4)(i) and (a)(5) to read as follows:
Sec. 679.82 Rockfish Program use caps and sideboard limits.
(a) * * *
(4) * * *
(i) A catcher vessel may not harvest an amount of Pacific ocean
perch CQ greater than 8.0 percent of the Pacific ocean perch CQ issued
to the catcher vessel sector during a calendar year.
* * * * *
(5) Use cap for rockfish processors. (i) A rockfish processor may
not receive or process an amount of rockfish primary species harvested
with CQ assigned to the catcher vessel sector greater than 40.0 percent
of the aggregate rockfish primary species CQ assigned to the catcher
vessel sector during a calendar year.
(ii) A rockfish processor may not receive or process an amount of
Pacific cod harvested with CQ assigned to the catcher vessel sector
greater than 40.0 percent of Pacific cod CQ issued to the catcher
vessel sector during a calendar year.
(iii) A rockfish processor may not receive or process an amount of
sablefish harvested with CQ assigned to the catcher vessel sector
greater than 40.0 percent of sablefish CQ issued to the catcher vessel
sector during a calendar year.
* * * * *
Sec. 679.84 [Amended]
0
8. Amend Sec. 679.84 by removing in paragraphs (g)(1) and (2) the word
``May'' and add, in its place, the word ``April''.
0
9. Revise table 37 to Sec. 679 to read as follows.
Table 37 to Part 679--GOA Amendment 80 Sideboard Limit for Groundfish
for the Amendment 80 Sector
------------------------------------------------------------------------
In the following management
areas in the GOA and in adjacent
waters open by the State of The sideboard Is . . .
Alaska for which it adopts a limit for . . .
Federal fishing season . . .
------------------------------------------------------------------------
Area 610........................ Pollock........... 0.3% of the TAC.
Area 620........................ Pollock........... 0.2% of the TAC.
Area 630........................ Pollock........... 0.2% of the TAC.
Area 640........................ Pollock........... 0.2% of the TAC.
West Yakutat District........... Pacific cod....... 3.4% of the TAC.
Pacific ocean 96.1% of the TAC.
perch.
Dusky rockfish.... 89.6% of the TAC.
Central GOA..................... Pacific cod....... 4.4% of the TAC.
Pacific ocean Subject to
perch. regulations in
subpart G to this
part.
Dusky rockfish.... Subject to
regulations in
subpart G to this
part.
Northern rockfish. Subject to
regulations in
subpart G to this
part.
Western GOA..................... Pacific cod....... 2.0% of the TAC.
Pacific ocean 99.4% of the TAC.
perch.
Dusky rockfish.... 76.4% of the TAC.
Northern rockfish. 100% of the TAC.
------------------------------------------------------------------------
[FR Doc. 2024-18053 Filed 8-15-24; 8:45 am]
BILLING CODE 3510-22-P
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</html>Indexed from Federal Register on August 16, 2024.
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