Proposed Rule2024-24544
Fisheries of the Exclusive Economic Zone; Authorizing Hook-and-Line Catcher/Processors To Use Longline Pot Gear in the Bering Sea Greenland Turbot Fishery
Primary source
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Published
October 23, 2024
Issuing agencies
Commerce DepartmentNational Oceanic and Atmospheric Administration
Abstract
NMFS proposes regulations that would authorize hook-and-line catcher/processors (C/Ps) to use longline pot gear when directed fishing for Greenland turbot in the Bering Sea (BS) subarea of the Bering Sea and Aleutian Islands (BSAI). This proposed rule is necessary to improve efficiency, provide economic benefits for the hook-and-line C/P sector, and minimize potential fishery interactions with killer whales. This proposed rule would promote the goals and objectives of the Magnuson-Stevens Fishery Conservation and Management Act (Magnuson- Stevens Act), the Fishery Management Plan (FMP) for Groundfish of the Bering Sea and Aleutian Islands Management Area (BSAI FMP) and other applicable laws.
Full Text
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<title>Federal Register, Volume 89 Issue 205 (Wednesday, October 23, 2024)</title>
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[Federal Register Volume 89, Number 205 (Wednesday, October 23, 2024)]
[Proposed Rules]
[Pages 84514-84520]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-24544]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 679
[Docket No. 241017-0274]
RIN 0648-BM77
Fisheries of the Exclusive Economic Zone; Authorizing Hook-and-
Line Catcher/Processors To Use Longline Pot Gear in the Bering Sea
Greenland Turbot Fishery
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 proposes regulations that would authorize hook-and-line
catcher/processors (C/Ps) to use longline pot gear when directed
fishing for Greenland turbot in the Bering Sea (BS) subarea of the
Bering Sea and Aleutian Islands (BSAI). This proposed rule is necessary
to improve efficiency, provide economic benefits for the hook-and-line
C/P sector, and minimize potential fishery interactions with killer
whales. This proposed rule would promote the goals and objectives of
the Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-
Stevens Act), the Fishery Management Plan (FMP) for Groundfish of the
Bering Sea and Aleutian Islands Management Area (BSAI FMP) and other
applicable laws.
DATES: Submit comments on or before November 22, 2024.
ADDRESSES: A plain language summary of this proposed rule is available
at <a href="https://www.regulations.gov/docket/NOAA-NMFS-2023-0156">https://www.regulations.gov/docket/NOAA-NMFS-2023-0156</a>. You may
submit comments on this document, identified by NOAA-NMFS-2023-0156 by
any of the following methods:
<bullet> Electronic Submission: Submit all electronic public
comments via the Federal e-Rulemaking Portal. Visit <a href="https://www.regulations.gov">https://www.regulations.gov</a> and type NOAA-NMFS-2023-0156 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 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
[[Page 84515]]
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 the Environmental Assessment and Regulatory
Impact Review (RIR) (collectively ``the Analysis'') prepared for this
action are available on <a href="https://www.regulations.gov">https://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 and on <a href="https://www.reginfo.gov/public/do/PRAMain">https://www.reginfo.gov/public/do/PRAMain</a>. Find this particular information collection by
selecting ``Currently under 30-day Review--Open for Public Comments,''
or by using the Search function.
FOR FURTHER INFORMATION CONTACT: Andrew Olson, 907-586-7228,
<a href="/cdn-cgi/l/email-protection#5d3c33392f382a7332312e32331d33323c3c733a322b"><span class="__cf_email__" data-cfemail="c0a1aea4b2a5b7eeafacb3afae80aeafa1a1eea7afb6">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION: NMFS manages the groundfish fisheries of the
BSAI under the BSAI FMP. The North Pacific Fishery Management Council
(Council) prepared, and the Secretary of Commerce (Secretary) approved,
the BSAI FMP under the authority of the 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. The Council and NMFS
manage Greenland turbot (Reinhardtius hippoglossoides) as a groundfish
species under the BSAI FMP. Section 3.4 of BSAI FMP identifies
authorized gear types for groundfish fisheries as trawls, hook-and-
line, pots, jigs, and other gear as defined in regulations. This
section also states that further restrictions on gear which are
necessary for conservation and management of fishery resources and
which are consistent with the goals and objectives of the FMP are found
at 50 CFR part 679.
Background
The following background sections describe (1) the Greenland turbot
directed fishery; (2) authorized gear; (3) whale depredation; and (4)
groundfish maximum retainable amounts (MRAs).
Greenland Turbot Directed Fishery
The directed fishery for Greenland turbot is managed under the BSAI
FMP and is divided into two fishing subareas: (1) the BS; and (2) the
Aleutian Islands (AI). Under the BSAI FMP, the acceptable biological
catch (ABC) of Greenland turbot is allocated between the BS and AI
subareas based on the proportion of biomass in each area. Annually, in
the BSAI groundfish harvest specifications, NMFS establishes a total
allowable catch (TAC) for Greenland turbot that is apportioned between
the BS and AI subareas based on the TAC recommended by the Council (89
FR 17287, March 11, 2024). Under Sec. 679.23(e)(1), directed fishing
for Greenland turbot is authorized from May 1 through December 31 and
NMFS closes the fishery if the TAC is reached prior to the season end
date. The Greenland turbot directed fishery is a relatively small
fishery with low TACs and the area where the fishery occurs in the BS
and AI subareas (as described in section 3.3.2 of the Analysis (see
ADDRESSES section)) is very remote, making it difficult to prosecute
the fishery.
Under the Western Alaska Community Development Quota (CDQ) Program,
Sec. 679.20(b)(1)(ii)(D) requires that NMFS allocate 10.7 percent of
the BS subarea Greenland turbot TAC to the CDQ reserve. CDQ allocations
of BS subarea Greenland turbot may be fished by either trawl or
nontrawl vessels. CDQ groups may arrange for the CDQ reserve to be
fished by companies or on vessels in which they have an ownership
stake, or they might make the CDQ reserve available to be fished by any
permitted vessel and receive a royalty permit in return as described in
section 3.3.1 of the Analysis (see ADDRESSES section). CDQ fishing for
Greenland turbot is authorized from January 1 through December 31
(Sec. 679.23(e)(4)(iii)).
Vessels participating in the directed fishery for Greenland turbot
in the BS subarea are required to have a groundfish license limitation
program (LLP) license with the necessary gear (i.e., nontrawl, trawl,
or both gear types) and BS subarea endorsements (see Sec.
679.4(k)(1)(i)). The directed fishery for Greenland turbot is
prosecuted by the trawl and nontrawl sectors and is mainly concentrated
in the BS subarea, which is the focus of this proposed rule. The
Greenland turbot fishery in the AI subarea has been closed to directed
fishing in all years from 2013 through 2024 due to relatively low TACs.
Additionally, several factors have contributed to low interest in
developing this fishery such as lower local abundance, poorer fish
quality resulting in lower value products, and higher operating costs.
Participants in the Greenland turbot trawl fishery consist
exclusively of Amendment 80 vessels. The Amendment 80 Program allocated
several BSAI non-pollock trawl groundfish species among trawl fishery
sectors, facilitated the formation of harvesting cooperatives in the
non-American Fisheries Act (non-AFA) trawl C/P sector, and established
a limited access privilege program for the non-AFA trawl C/P sector (72
FR 52668, September 14, 2007). This proposed rule does not change
regulations applicable to the Amendment 80 Program.
The majority of participants in the nontrawl Greenland turbot
fishery are hook-and-line C/P vessels. Hook-and-line C/P vessels, as
defined in the regulations at Sec. 679.2, are vessels named on LLP
licenses that are noninterim and transferable, or that are interim and
subsequently become noninterim and transferable, and that are endorsed
for BS subarea or AI subarea C/P fishing activity, C/P Pacific cod
(Gadus macrocephalus), and hook-and-line gear. As a broad category of
vessels, hook-and-line C/Ps primarily target Pacific cod in the CDQ and
non-CDQ fisheries in the BSAI, and may also participate in the
Greenland turbot and sablefish fisheries, as well as groundfish
fisheries in the Gulf of Alaska (GOA). Catcher vessels (CVs), on the
other hand, have rarely targeted Greenland turbot in the BS subarea.
This is due to the remoteness of the area where the fishery occurs and
characteristics of Greenland turbot flesh that would degrade and lose
value in the time required to make a shoreside landing, as CVs are
vessels used for catching fish and do not process fish on board. Vessel
LLP licenses have endorsements for operation type and are either CV or
C/P. A C/V endorsement allows a vessel to harvest, but not process fish
on board, while a C/P endorsement allows a vessel to harvest and on
board processing.
Most hook-and-line C/P vessels are members of the Freezer Longline
Conservation Cooperative (FLCC). The FLCC is a voluntary cooperative
represented by the Freezer Longline Coalition that comprises 36 LLP
license holders endorsed for BS or AI subarea hook-and-line C/P fishing
for Pacific cod. Cooperatives allow fishery participants to coordinate
their collective fishing operations, and benefit from the resulting
efficiencies. Since the formation of the FLCC in 2010, the sector has
operated what could be considered a ``year-round'' Pacific cod fishery.
Historically, only a
[[Page 84516]]
small portion of these LLP licenses endorsed for BS or AI subarea hook-
and-line C/P fishing for Pacific cod have targeted Greenland turbot in
the BS subarea, and, since 2010, the number has not surpassed nine
vessels.
The Amendment 80 cooperatives and FLCC coordinate to harvest the BS
subarea Greenland turbot non-CDQ TAC using a voluntary, non-regulatory
agreement to divide the available TAC between the trawl and nontrawl
sectors. The specific terms of the agreement are not publicly disclosed
or shared with NMFS; however, NMFS understands that the TAC is
apportioned between the trawl and nontrawl sectors to maximize
utilization and account for incidental catch in other fisheries. NMFS
understands that the agreement was developed in response to competition
between the sectors and the need for NMFS to manage the fishery
conservatively, due to bycatch of Greenland turbot in trawl fisheries
targeting arrowtooth (Atheresthes stomias) and Kamchatka flounder (A.
evermanni) that resulted in shorter seasons and early closures of the
Greenland turbot directed fishery.
Authorized Gear
Gear endorsements for BSAI groundfish LLP licenses are either for
trawl, nontrawl, or both gear types (see Sec. 679.4(k)(3)(iv)).
Nontrawl gear is any legal gear type, other than trawl gear, used to
harvest groundfish under the LLP (see Sec. 679.4(k)(3)(iv)(F)). The
use of nontrawl gear is limited to longline and pot gear, with longline
gear encompassing hook-and-line gear, and pot gear including both
longline pot and pot-and-line gear (e.g., single pot). Longline pot
gear is pot gear with two or more pots attached to a stationary,
buoyed, and anchored line while pot-and-line gear is pot gear with a
stationary, buoyed line with a single pot attached. Although pot-and-
line gear is currently authorized for the directed fishery for
Greenland turbot in the BS subarea, pot-and-line gear has not been
utilized due to the inefficiency of setting a single pot at the depths
and locations where the fishery occurs. Pot gear, which includes
longline pot and pot-and-line gear, is required to have a biodegradable
panel that measures at least 18 inches in length, parallel to, and
within 6 inches of, the bottom of the pot, and that is sewn with
untreated cotton thread no larger than No. 30. This requirement ensures
the release of caught fish if pot gear is lost or becomes
unretrievable. Collapsible pots, also called slinky pots, are used as
longline pot gear in the IFQ and CDQ halibut (Hippoglossus stenolepis)
and sablefish (Anoplopoma fimbria) fisheries. Collapsible pots have an
exception to the placement of the biodegradable panel when used in
these fisheries, whereby the panel may be placed anywhere on the mesh
of the 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
wrapped on the pot door, provided the pot door has a minimum diameter
of 18 inches and is sewn with untreated cotton thread no larger than
No. 30. Gear limitations at Sec. 679.24(b) require any person using
longline pot gear to treat any catch of groundfish species as
prohibited species unless there is an explicit exception that allows
the use of this gear type by area and fishery. The exceptions to the
longline pot gear limitation set forth in Sec. 679.24(b)(1) include
fishing in the AI subarea, fishing for sablefish in the BS subarea,
fishing for sablefish individual fishing quota (IFQ) in the GOA, and
while fishing for IFQ or CDQ halibut in the BSAI (Sec. 679.24(b)). For
additional information on authorized fishing gear including trawl,
nontrawl, longline, hook-and-line, pot-and-line, and longline pot gear
see the definition of ``Authorized fishing gear'' at Sec. 679.2.
Regulations at Sec. 679.24(a) require any vessel fishing with
hook-and-line, longline pot, and pot-and-line gear to mark all buoys
carried on board or used with the vessel's federal fisheries permit
(FFP) number or Alaska Department of Fish and Game (ADF&G) vessel
registration number. Buoy markings have minimum text width and height
specifications and must be of contrasting coloring so markings are
clearly visible above the water line. Vessel operators deploying
longline pot gear to fish IFQ sablefish in the GOA are required to have
an additional hard buoy ball in the buoy cluster attached and marked
with the initials ``LP'' for ``Longline Pot'' to distinguish buoys for
hook-and-line and pot-and-line gear from buoys for longline pot gear
(Sec. 679.24(a)).
A pot used to fish for groundfish is required to have tunnel
openings no wider and no higher than 9 inches as defined in paragraph
(15)(ii) of the definition of ``Authorized fishing gear'' at Sec.
679.2. In 2020, the Council recommended and NMFS implemented an
exception to the 9-inch tunnel opening restriction for halibut, which
is also a large flatfish species, under amendment 118 to the BSAI FMP
(85 FR 840, January 8, 2020). This action was intended to improve
capture efficiency in legal sized halibut using pot gear when fishing
for IFQ and CDQ halibut and IFQ and CDQ sablefish in the BSAI or
sablefish IFQ in the GOA when halibut retention is required, decrease
the potential for discards, and whale depredation. For additional
information on longline pot gear restrictions, see ``Gear Limitations''
at Sec. 679.24(b).
Whale Depredation
Depredation by killer whales (Orcinus orca) has been increasing,
preventing hook-and-line C/P vessels from participating in the directed
fishery for Greenland turbot in the BS subarea. Whale depredation
occurs when whales remove or damage fish during hauling or feed on fish
being caught or discarded. Whale depredation negatively impacts fishing
fleets by reducing catch rates and increasing operational costs.
Additionally, depredation has negative consequences for whales through
increased risk of vessels strikes, gear entanglements, and altered
foraging strategies. Depredation by sperm and killer whales on hook-
and-line gear is a common occurrence for the sablefish IFQ fishery in
the GOA and BSAI where whales can completely remove or damage sablefish
captured on hooks before the gear is retrieved. Killer whale
depredation resulted in the decline in participation by hook-and-line
C/P vessels in the directed fishery for Greenland turbot in the BS
subarea beginning in 2018, and the complete absence of participation in
2021, 2022, and 2023, due to operational challenges posed by whale
depredation that made fishing uneconomical as described in section 4 of
the Analysis (see ADDRESSES section). The Council recommended and NMFS
allowed the use of longline pot gear in the GOA sablefish IFQ fishery
to improve efficiency and improve economic benefits for the sablefish
IFQ fleet impacted by whale depredation (amendment 101 to the GOA FMP;
81 FR 95435, December 28, 2016). For more information about killer
whale depredation on hook-and-line C/Ps in the BS subarea, refer to
section 3.4 of the Analysis (see ADDRESSES section).
Groundfish Maximum Retainable Amounts (MRAs)
An MRA limits the retention of incidental catch species that are
caught while targeting other species or species groups--known as basis
species--open to directed fishing (Sec. 679.20(e)). Under Sec. 679.2,
the definition of ``directed fishing'' means any fishing activity that
results in the retention of an amount of a species or species group on
board a vessel that is greater than the MRA for that species or species
group as calculated under Sec. 679.20(e). MRAs establish retainable
percentages to allow for the retention of incidental catch,
[[Page 84517]]
preventing regulatory discards and increasing the utilization of
incidental catch of a species when the fishery is closed to directed
fishing. MRAs help manage the harvest of a groundfish species within
its annual TAC. Once the TAC for a species is reached, retention of
that species is prohibited, and any further catch must be discarded. To
ensure sufficient amounts of the TAC are available for incidental catch
in other fisheries, NMFS closes a species to directed fishing before
the entire TAC is harvested.
Gear limitations require any person using longline pot gear to
treat any catch of groundfish species as a prohibited species unless
there is an explicit exception that allows the use of this gear type by
area and fishery (Sec. 679.24(b)(1)). Under current regulations,
longline pot gear is allowed in the BSAI for directed fishing for
sablefish in the BS subarea, which means retaining sablefish on board a
vessel in an amount greater than the MRA. The MRA for sablefish is
currently set at 15 percent when the basis species is Greenland turbot
in the BSAI (Table 11 to part 679). If a vessel is directed fishing for
Greenland turbot, retention of sablefish would be allowed only if the
vessel held enough sablefish IFQ to possess more than the 15 percent
MRA limit, otherwise sablefish may not be retained as described in
section 6.3 of the Analysis (see ADDRESSES section). A vessel may
retain Greenland turbot up to the MRA in other groundfish fisheries
where longline pot gear is authorized unless retention of Greenland
turbot is prohibited because a TAC has been met.
Need for Action
This proposed rule would allow hook-and-line C/P vessels to use
longline pot gear to directed fish for Greenland turbot in the BS
subarea. This proposed rule is needed to mitigate impacts of killer
whale depredation and increase operational flexibility and efficiency
for hook-and-line C/P vessels who have historically participated in the
directed fishery for Greenland turbot using hook-and-line gear in the
BS subarea. Since 2020, killer whale depredation has increased,
reducing or preventing participation in the directed fishery for
Greenland turbot in the BS subarea by hook-and-line C/P vessels. Using
longline pot gear could effectively mitigate killer whale depredation
in the directed fishery for Greenland turbot in the BS subarea and
improve efficiency and economic benefits for hook-and-line C/P vessels,
as it would be more difficult for whales to remove or damage fish
enclosed in pots. Greenland turbot is a large flatfish species and this
proposed rule would also add an exception to the 9-inch tunnel opening
restriction for longline pot gear to remove a potential impediment for
selecting larger fish, and improve fishing efficiency, when
participating in the directed fishery for Greenland turbot in the BS
subarea.
In April 2021, the Council tasked staff with preparing a discussion
paper on authorizing longline pot gear as a legal gear type for the
directed fishery for Greenland turbot in the BS subarea. This request
responded to the Council Advisory Panel recommendation that longline
pot gear could effectively mitigate killer whale depredation of
Greenland turbot on hook-and-line gear. The Council reviewed the
discussion paper at its February 2022 meeting, developing an initial
purpose and need statement and a single action alternative that would
authorize longline pot gear for any LLP license holder with BS nontrawl
endorsements. At that time, the Council also introduced an option to
exempt the 9-inch maximum pot tunnel opening limitation when fishing
for Greenland turbot in the BS subarea.
In October 2022, the Council considered the initial review of this
action and heard public testimony, modifying the purpose and need
statement to evaluate the potential disruption to historic participants
in the nontrawl Greenland turbot fishery if new entrants with no
previous activity in the fishery were to participate. The Council added
an alternative that would narrow the action to authorize longline pot
gear in the directed fishery for Greenland turbot in the BS subarea
only for hook-and-line C/P vessels as defined in regulation (Sec.
679.2). In April 2023, the Council recommended that NMFS authorize the
use of longline pot gear and remove the 9-inch pot tunnel opening
restriction for hook-and-line C/P vessels participating in the directed
fishery for Greenland turbot in the BS subarea. The other revisions
included in this action were presented in the Analysis (see ADDRESSES
section) as necessary to implement the preferred alternative.
This action applies exclusively to vessels whose LLP licenses
qualify them as participants in the hook-and-line C/P sector who have
historically participated in and comprise the nontrawl sector directed
fishery for Greenland turbot in the BS subarea. This action is intended
to increase operational flexibility for hook-and-line C/P vessels in
the BS subarea, mitigate the impacts of whale depredation, and allow
the fishery to resume. The directed fishery for Greenland turbot in the
BS subarea is a small, remote fishery with low TACs, making it viable
primarily for hook-and-line C/Ps. Due to the remoteness of the fishing
grounds and the nature of Greenland turbot flesh, which can degrade and
lose value during the time needed for shoreside landings, participation
by CVs is unlikely. This action is not intended to create opportunities
for new entrants without previous history in the fishery, as their
participation could disrupt the established hook-and-line C/P and
Amendment 80 sectors. New entrants might also pose challenges to
maintaining a fishing pace that allows NMFS to effectively manage the
fishery, especially in environments with moderate to low TACs. However,
this action does not preclude CVs from participating in the Greenland
turbot fishery in the BS subarea, as they can still participate in the
fishery with hook-and-line or pot-and-line gear.
This Proposed Rule
This proposed rule would revise regulations at 50 CFR part 679 to:
(1) allow hook-and-line C/P vessels to use longline pot gear for the
directed fishery for Greenland turbot in the BS subarea; (2) add the
directed fishery for Greenland turbot in the BS subarea to the
collapsible pot exception; (3) add an exception to the 9-inch maximum
pot tunnel opening limitation for longline pot gear when participating
in the directed fishery for Greenland turbot in the BS subarea; and (4)
clarify MRA retention requirements for longline pot gear with the
authorization of this gear type for the directed fishery for Greenland
turbot in the BS subarea. The following sections describe the proposed
changes to the regulations.
Authorize Longline Pot Gear
This proposed rule would amend regulations at Sec. 679.24(b)(1) to
allow hook-and-line C/P vessels to use longline pot gear to retain
groundfish species while directed fishing for Greenland turbot in the
BS subarea. This proposed rule would also amend longline pot gear for
gear marking requirements at Sec. 679.24(a)(3) and recordkeeping and
reporting requirements at Sec. 679.5(c)(3)(v)(G)(2). These
modifications would expand the use of longline pot gear to include
directed fishing for Greenland turbot in the BS subarea, alongside the
areas and fisheries where this gear type is already authorized and add
associated gear marking, recordkeeping, and reporting requirements
consistent with those already applicable when using longline pot gear
in the GOA.
Gear marking requirements would be added for vessels using longline
pot gear
[[Page 84518]]
to directed fish for Greenland turbot in the BS subarea at Sec.
679.24(a)(3). These changes would require that each end of longline pot
gear set deployed must have one hard buoy ball attached and marked with
the capital letters ``LP'' to differentiate between whether a set is
hook-and-line or longline pot gear in accordance with marking
requirements specified at Sec. 679.24(a)(2). Regulations at Sec.
679.5(c)(3)(v)(G)(2) governing the logbook requirements for longline
pot gear would be modified to require that the length of the longline
pot set, size of pots used, the spacing between pots on a set, and the
quantity of pots deployed and lost be recorded on a logbook by vessels
while directed fishing for Greenland turbot in the BS subarea. The use
of longline pot gear continues to expand, and these changes are
intended to improve regulatory consistency, monitoring, and enforcement
with the addition of longline pot gear being authorized for hook-and-
line C/Ps participating in the directed fishery for Greenland turbot in
the BS subarea.
Collapsible Pot Exception
This proposed rule would add the directed fishery for Greenland
turbot in the BS subarea to the current list of fisheries authorized to
place a biodegradable panel anywhere on the mesh of a collapsible pot,
also called a slinky pot, as specified in paragraph (15)(i)(A) of the
definition of ``Authorized fishing gear'' at Sec. 679.2. Collapsible
pot gear must have a biodegradable panel placed anywhere on the mesh
using untreated cotton thread no longer than No. 30, which is at least
18 inches in length, or may be wrapped on the door of a pot that is at
least 18 inches in diameter. Including Greenland turbot in the BS
subarea in the collapsible pot exception is necessary to allow vessels
to use this type of pot under the proposed rule authorizing longline
pot gear. This change will facilitate the effective escapement of fish
if a pot is lost and will standardize gear requirements for pot gear.
Tunnel Opening Exception for Greenland Turbot
This proposed rule would add an exception to the longline pot
tunnel opening restriction specified in paragraph (15)(ii) of the
definition of ``Authorized fishing gear'' at Sec. 679.2 to allow the
use of pots with tunnel openings larger than 9 inches when directed
fishing Greenland turbot in the BS subarea. This is necessary to ensure
that the pot gear used in this fishery is not size-selective for
smaller Greenland turbot and allow for larger fish to enter the pots.
Additionally, this proposed rule would move the current regulatory
paragraph that specifies the existing halibut retention exception from
paragraph (15)(iii) to paragraph (15)(ii) under the definition of
``Authorized fishing gear'' at Sec. 679.2 to improve regulatory
clarity and organization for fisheries that have exceptions to the pot
tunnel opening restriction.
Longline Pot Gear MRAs
Removal of the gear restriction that prevents retention of
groundfish species by vessels using longline pot gear in the BS subarea
when directed fishing for Greenland turbot would also allow these
vessels to retain up to the MRA of other groundfish species unless
retention is prohibited or required by other applicable law. This
proposed rule would add a paragraph at Sec. 679.20(e)(3)(vii) to
clarify that vessels using longline pot gear can retain groundfish up
to the MRA.
Classification
Pursuant to section 304(b)(1)(A) of the Magnuson-Stevens Act, the
NMFS Assistant Administrator has determined that this proposed rule is
consistent with the BSAI FMP, other provisions of the Magnuson-Stevens
Act, and other applicable law, subject to further consideration after
public comment.
NMFS prepared an Environmental Assessment for this regulatory
amendment that discusses the impact on the environment as a result of
this rule. The proposed rule is considered to have minimal impact due
to its narrow scope and alignment with the existing fishery management
frame-work and is unlikely to significantly affect the environment or
species beyond the status quo. A copy of the Environmental Assessment
is available from the NMFS (see ADDRESSES section).
This proposed rule has been determined to be not significant for
purposes of Executive Order 12866.
Regulatory Impact Review
A Regulatory Impact Review was prepared to assess the costs and
benefits of available regulatory alternatives. A copy of this Analysis
is available from NMFS (see ADDRESSES section). The Council recommended
and NMFS proposes these regulations based on those measures that
maximize net benefits to the Nation.
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 allow owners and operators of hook-and-
line C/P vessels to use longline pot gear to directed fish for
Greenland turbot in the BS subarea. A discussion of the potential
impacts of the proposed action is further discussed in section 4 of the
Analysis (see ADDRESSES section).
For Regulatory Flexibility Act (RFA) purposes only, NMFS
established a small business size standard for businesses, including
their affiliates, whose primary industry is commercial fishing (see 50
CFR 200.2). A business primarily engaged in commercial fishing (North
American Industry Classification System (NAICS) code 11411) is
classified as a small business if it is independently owned and
operated, is not dominant in its field of operation (including its
affiliates), and has combined annual receipts less than $11 million for
all its affiliated operations worldwide. The RFA also requires
consideration of affiliations between entities for the purpose of
assessing whether an entity is classified as small. If business
entities are affiliated, then the threshold for identifying small
entities is applied to the group of affiliated entities rather than on
an individual entity basis. NMFS has determined that vessels that are
members of a fishing cooperative are affiliated when classifying them
for purposes of the RFA. During the 2012 through 2022 period, there
were 23 active vessels that had participated in the BSAI groundfish
fishery as a C/P using hook-and-line or pot gear. None of those vessels
are considered small entities due to cooperative affiliation. For the
purpose of this RFA analysis, NMFS believes that all of the entities
directly regulated under the Council's preferred alternative are large
entities.
This action increases flexibility and operational efficiency. It is
anticipated that this action would improve cost-efficiencies for
directly regulated entities to a marginal degree. This action allows a
different gear type that could make the nontrawl fishery more
successful to the extent they choose to use that gear. Use of the gear
is voluntary and not mandatory. As a voluntary efficiency, entities
would participate, and thus be directly regulated, but only if there is
a net benefit to doing so.
[[Page 84519]]
For these reasons, this action is not expected to have an adverse
economic impact on a substantial number of small entities, and, as a
result, an initial regulatory flexibility analysis is not required, and
none has been prepared.
Collection-of-Information 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 the existing collection-of-information requirements for OMB
Control Number 0648-0515 (Alaska Interagency Electronic Reporting
System) and revise and extend by 3 years the existing requirements for
OMB Control Number 0648-0353 (Alaska Region Gear Identification
Requirements). The proposed changes to the collections are described
below. The public reporting burden estimates provided below include the
time for reviewing instructions, searching existing data sources,
gathering and maintaining the data needed, and completing and reviewing
the collection of information.
a. OMB Control Number 0648-0353
NMFS proposes to revise and extend for 3 years the existing
requirements for OMB Control Number 0648-0353, which contains the gear
identification requirements for the groundfish fisheries in the
Exclusive Economic Zone off Alaska. The information collection for
0648-0353 would be revised because this proposed rule would require
that each end of a set of longline pot gear deployed to directed fish
for Greenland turbot in the BS subarea have one hard buoy ball attached
marked with ``LP'' to distinguish this gear type from others authorized
for this fishery. This revision adds an estimated nine respondents for
marking longline pot gear. Public reporting burden is estimated to
average 30 minutes or less per individual response to collect the
information and paint it on a buoy. The cost to mark buoys is estimated
at $100 per respondent, which covers materials such as paint,
paintbrushes, permanent ink applicator, and stencils. Subject to public
comment, no changes are made to the estimated burden or cost because
the estimates allow for differences in the time and cost to mark the
buoys.
b. OMB Control Number 0648-0515
The information collection for 0648-0515 would be revised because
this proposed rule would add the directed fishery for Greenland turbot
in the BS subarea to the recordkeeping and reporting requirements
specific to longline pot gear. Vessel operators would be required to
enter in the logbook the length of a longline pot set, pot size and
spacing, number of pots deployed, and the number of pots lost when the
set is retrieved. The hook-and-line C/Ps currently use the C/P
electronic logbook. This revision does not change the respondents,
responses, burden hours, or costs for the C/P electronic logbook.
Public reporting burden is estimated to average 15 minutes per
individual response for the C/P electronic logbook. The current burden
estimate for this logbook allows for differences in the time and cost
needed to complete and submit the logbook.
Public Comment on Collection-of-Information Requirements
NMFS seeks public comment regarding, but not limited to, the
following: (1) whether this proposed collection of information is
necessary for the proper performance of the functions of the agency,
including whether the information shall have practical utility; (2) the
accuracy of the burden estimate; (3) ways to enhance the quality,
utility, and clarity of the information to be collected; and (4) 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 collections of information at <a href="https://www.reginfo.gov/public/do/PRAMain">https://www.reginfo.gov/public/do/PRAMain</a>.
Notwithstanding any other provision of law, no person is required
to respond to, and no person shall be subject to 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: October 18, 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. 679.2 amend the definition for ``Authorized fishing gear''
by revising paragraph (15)(i)(A), redesignating paragraph (15)(iii) as
paragraph (15)(ii)(A) and adding paragraph (15)(ii)(B). The revision
and additions read as follows:
Sec. 679.2 Definitions.
* * * * *
Authorized fishing gear * * *
* * * * *
(15) * * *
(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, or used to directed
fish for Greenland turbot in the Bering Sea subarea of the BSAI, 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.
* * * * *
(ii) * * *
(B) Greenland turbot exception. If directed fishing for Greenland
turbot in the Bering Sea subarea of the BSAI with longline pots, the
tunnel opening requirement under paragraph 15(ii) of this definition
does not apply.
* * * * *
0
3. Revise Sec. 679.5 paragraph (c)(3)(v)(G)(2)(i) and (ii) to read as
follows:
Sec. 679.5 Recordkeeping and reporting (R&R).
* * * * *
(c) * * *
(3) * * *
(v) * * *
(G) * * *
(2) * * *
(i) If using longline pot gear in the GOA or while directed fishing
for Greenland turbot in the Bering Sea subarea of the BSAI, enter the
length of longline pot set to the nearest foot, the size of pot in
inches (width by length by height or diameter), and spacing of pots to
the nearest foot.
(ii) If using longline pot gear in the GOA or while directed
fishing for
[[Page 84520]]
Greenland turbot in the Bering Sea subarea of the BSAI, enter the
number of pots deployed in each set (see paragraph (c)(3)(vi)(F) of
this section) and the number of pots lost when the set is retrieved
(optional, but may be required by IPHC regulations see Sec. Sec.
300.60 through 300.65 of this title).
* * * * *
0
4. Amend Sec. 679.20 by adding paragraph (e)(3)(vii) to read as
follows:
Sec. 679.20 General limitations.
* * * * *
(e) * * *
(3) * * *
(vii) For vessels using longline pot gear pursuant to Sec.
679.24(b), catch may be retained up to the maximum retainable amount
unless retention is prohibited or required by other applicable laws.
* * * * *
0
5. Amend Sec. 679.24 by revising paragraph (a)(3) and adding paragraph
(b)(1)(v) 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, and each end of a set of longline pot gear
deployed to fish for Greenland turbot in the Bering Sea subarea of the
BSAI, must have one hard buoy ball attached and marked with the capital
letters ``LP'' in accordance with paragraph (a)(2) of this section.
* * * * *
(b) * * *
(1) * * *
(v) While directed fishing for Greenland turbot in the Bering Sea
subarea of the BSAI by hook-and-line catcher/processors.
* * * * *
[FR Doc. 2024-24544 Filed 10-22-24; 8:45 am]
BILLING CODE 3510-22-P
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