Proposed Rule2025-14960
Fisheries of the Exclusive Economic Zone Off Alaska; Amendment 125 to the Bering Sea and Aleutian Islands Fishery Management Plan; Pacific Cod Small Boat Access
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Published
August 6, 2025
Issuing agencies
Commerce DepartmentNational Oceanic and Atmospheric Administration
Abstract
NMFS proposes a rule to implement amendment 125 to the Fishery Management Plan for Groundfish of the Bering Sea and Aleutian Islands Management Area (BSAI FMP). Amendment 125 would add a small vessel provision to the current BSAI Pacific cod jig sector in the A season, January 1 to April 30. Under this small vessel provision, catch from catcher vessels (CV) using hook-and-line or pot gear that are less than or equal to 55 feet (ft) (16.8 meters (m)) length overall (LOA) harvesting Pacific cod in the BSAI during the jig gear A season would accrue to the jig sector allocation. This action would provide stability and additional opportunities for some fishery participants and potential new entrants. It also advances the goals and objectives of the Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-Stevens Act), the BSAI FMP, and other applicable laws.
Full Text
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<title>Federal Register, Volume 90 Issue 149 (Wednesday, August 6, 2025)</title>
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[Federal Register Volume 90, Number 149 (Wednesday, August 6, 2025)]
[Proposed Rules]
[Pages 37831-37838]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-14960]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 679
[Docket No. 250730-0133]
RIN 0648-BM64
Fisheries of the Exclusive Economic Zone Off Alaska; Amendment
125 to the Bering Sea and Aleutian Islands Fishery Management Plan;
Pacific Cod Small Boat Access
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 a rule to implement amendment 125 to the Fishery
Management Plan for Groundfish of the Bering Sea and Aleutian Islands
Management Area (BSAI FMP). Amendment 125 would add a small vessel
provision to the current BSAI Pacific cod jig sector in the A season,
January 1 to April 30. Under this small vessel provision, catch from
catcher vessels (CV) using hook-and-line or pot gear that are less than
or equal to 55 feet (ft) (16.8 meters (m)) length overall (LOA)
harvesting Pacific cod in the BSAI during the jig gear A season would
accrue to the jig sector allocation. This action would provide
stability and additional opportunities for some fishery participants
and potential new entrants. It also advances the goals and objectives
of the Magnuson-Stevens Fishery Conservation and Management Act
(Magnuson-Stevens Act), the BSAI FMP, and other applicable laws.
DATES: Submit comments on or before September 5, 2025.
ADDRESSES: A plain language summary of this proposed rule is available
at: <a href="https://www.regulations.gov/docket/NOAA-NMFS-2025-0003">https://www.regulations.gov/docket/NOAA-NMFS-2025-0003</a>. You may
submit comments on this document, identified by NOAA-NMFS-2025-0003, 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-2025-0003 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 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 draft Regulatory Impact Review for
proposed amendment 125 to the Fishery Management Plan for Groundfish of
the Bering Sea and Aleutian Islands Management Area (referred to as the
Analysis), and the draft Categorical Exclusion prepared for this action
are available from <a href="http://www.regulations.gov">www.regulations.gov</a> or from the NMFS Alaska Region
website at <a href="https://www.fisheries.noaa.gov/region/alaska">https://www.fisheries.noaa.gov/region/alaska</a>.
FOR FURTHER INFORMATION CONTACT: Lis Henderson, 907-586-7228,
<a href="/cdn-cgi/l/email-protection#d7bbbea4f9bfb2b9b3b2a5a4b8b997b9b8b6b6f9b0b8a1"><span class="__cf_email__" data-cfemail="b3dfdac09ddbd6ddd7d6c1c0dcddf3dddcd2d29dd4dcc5">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
Authority for Action
NMFS manages the groundfish fisheries in the Exclusive Economic
Zone off Alaska under the BSAI FMP. The North Pacific Fishery
Management Council (Council) prepares and recommends FMPS under the
authority of the Magnuson-Stevens Act (16 U.S.C. 1801 et seq). In order
to promote the long-term health and stability of the BSAI Pacific cod
fishery, NMFS is proposing this action under the rulemaking authority
of the Magnuson-Stevens Act Section 302(h)(1) and 303(a)(1) (16 U.S.C.
1801 et seq.) in alignment with the Council's recommendation.
Regulations implementing the BSAI FMP appear at 50 CFR part 679.
General regulations governing U.S. fisheries also appear at 50 CFR part
600.
The Council transmitted amendment 125 for review by the Secretary
of Commerce, and a notice of availability (NOA) of amendment 125 was
published in the Federal Register on June 4, 2025, with comments
invited through August 4, 2025 (90 FR 23664). Comments submitted on
this proposed rule by the end of the comment period (See DATES) will be
considered by NMFS and addressed in the response to comments in the
final rule. All comments addressing amendment 125 must be received by
August 4, 2025, to be considered in the approval/disapproval decision
on amendment 125. Commenters do not need to submit the same comments on
both the NOA and this proposed rule. All relevant written comments
received by August 4, 2025, whether specifically directed to amendment
125, this proposed rule, or both will be considered by NMFS in the
approval/disapproval decision for amendment 125 and addressed in the
response to comments in the final rule.
Background
Pacific Cod Allocations
Pacific cod (Gadus macrocephalus) is one of the most abundant and
valuable groundfish species harvested in the BSAI. Vessels harvest
Pacific cod using trawl gear and other types of authorized fishing
gear, including hook-and-line gear, jig gear, and pot gear. Vessels
harvesting BSAI Pacific cod operate as CVs that harvest and deliver the
fish for processing or as catcher/processors (C/Ps) that harvest and
process the fish on board.
The BSAI FMP and implementing regulations require that, after
consultation with the Council, NMFS specify an overfishing limit (OFL),
an acceptable biological catch (ABC), and a total allowable catch (TAC)
amount for
[[Page 37832]]
each target species or species group of groundfish, including Pacific
cod, on an annual basis. An OFL is the catch level above which
overfishing would occur for a species or species group. An ABC is the
level of a species or species group annual catch that accounts for the
scientific uncertainty in the estimate of OFL and any other scientific
uncertainty. The TAC is the annual catch target for a species or
species group, derived from the ABC by considering social and economic
factors and management uncertainty. Under the BSAI FMP, an ABC is set
below its respective OFL and the TAC must be set lower than or equal to
the ABC.
The OFLs, ABCs, and TACs for BSAI groundfish are specified through
the annual harvest specifications process. A detailed description of
the annual harvest specifications process is provided in the final 2025
and 2026 harvest specifications for groundfish of the BSAI (90 FR
12640, March 18, 2025). The annual harvest specifications process for
BSAI Pacific cod is briefly summarized here. Specific examples of
Pacific cod OFLs, ABCs, TACs, and other apportionments of Pacific cod
used in this preamble are based on the 2025 specifications from the
final 2025 and 2026 harvest specifications for groundfish of the BSAI,
unless otherwise noted.
Pacific cod is assessed as two distinct stocks with separate OFLs,
ABCs, and TACs: (1) the eastern Bering Sea (BS) stock; and (2) the
Aleutian Islands (AI) stock. Before the Pacific cod TACs are
established, the Council and NMFS consider social and economic factors
and management uncertainty, as well as two factors that are
particularly relevant to BSAI Pacific cod: (1) the Pacific cod state
waters Guideline Harvest Level fisheries; and (2) an overall limit on
the maximum amount of TAC that can be specified for all BSAI groundfish
species combined.
Once the groundfish TACs are established, regulations at Sec.
679.20(a)(7)(i) allocate 10.7 percent of the BS Pacific cod TAC and
10.7 percent of the AI Pacific cod TAC to the Community Development
Quota (CDQ) Program for the exclusive harvest by Western Alaska CDQ
groups. Section 305(i) of the Magnuson-Stevens Act authorizes six CDQ
groups representing 65 communities to receive exclusive harvest
privileges of groundfish, including Pacific cod, and specifies the
methods for allocating these harvest privileges.
After subtraction of the CDQ allocation from each TAC, NMFS
combines the remaining BS and AI TACs into one BSAI non-CDQ Pacific cod
TAC, which is available for harvest by nine non-CDQ fishery sectors.
BSAI Pacific cod has been fully allocated to these sectors since 2008
with the implementation of amendment 85 to the BSAI FMP (72 FR 50788,
September 4, 2007). Regulations at Sec. 679.20(a)(7)(ii)(A) define the
nine Pacific cod non-CDQ fishery sectors in the BSAI and specify the
percentage allocated to each. The non-CDQ fishery sectors are defined
by a combination of gear type (e.g., trawl gear or hook-and-line gear),
operation type (i.e., CV or C/P), and vessel size, or LOA, categories
(e.g., vessels greater than or equal to 60 ft (18.3 m) LOA). Through
the annual harvest specifications process, NMFS allocates an amount of
the combined BSAI non-CDQ TAC to each of these nine non-CDQ fishery
sectors. Regulations at Sec. 679.20(a)(7)(ii)(A) allocate 1.4 percent
of the BSAI non-CDQ Pacific cod TAC to the jig sector and 2 percent to
the less than 60 ft (18.3 m) LOA hook-and-line and pot CV sector.
Under regulations at Sec. 679.20(a)(7), allocations of Pacific cod
to most of the CDQ Program and non-CDQ fishery sectors are further
apportioned by seasons. Season dates for the CDQ and non-CDQ fishery
sectors are established at Sec. 679.23(e)(5). In general, regulations
apportion jig gear allocations among three seasons that correspond to
January 1 to April 30 (A season), April 30 to August 31 (B season), and
August 31 to December 31 (C season). The less than 60 ft (18.3 m) LOA
hook-and-line and pot CV sector is not divided into seasons and is open
January 1 to December 31. Depending on the specific sector allocation
(CDQ Program or non-CDQ fishery), between 40 and 75 percent of the
Pacific cod allocation is apportioned to the A season. Because the non-
CDQ sector allocations are defined BSAI-wide, sectors remain free to
harvest their allocation in either of the two subareas (BS and AI) as
long as they have the appropriate federal permits. However, if the non-
CDQ portion of the TAC in either subarea (BS or AI) will be or is
reached, NMFS will close directed fishing for Pacific cod in that
subarea to all non-CDQ sectors.
While Pacific cod remains one of the most abundant species in the
BSAI management area, population declines since 2016 have resulted in
lower annual TACs than historical averages (see table 3-1 in Section
3.2 of the Analysis). The smaller annual TACs have resulted in earlier
season closures. Directed fishing for BS non-CDQ Pacific cod closed
prior to the end of the jig sector C season (December 31) in 4 of the
last 5 years: on November 18, 2020 (with the exception of the trawl
sector which closed earlier); September 17, 2021; October 7, 2022; and
October 16, 2023. No early closure occurred in 2024.
This proposed rule refers to various groups of vessels using
nontrawl gear and their corresponding sector allocations. Although in
some cases it is somewhat intuitive from the name of the sector, it is
useful to clearly explain the relationships between catch from groups
of vessels using specific gear types and how their catch accrues toward
various sector allocations. Catch from all vessels using jig gear,
including CVs and C/Ps, accrues toward the jig vessels sector. Catch
from vessels using hook-and-line gear or pot gear accrues toward one of
five different sector allocations depending on the vessels operation
type (CV or C/P) and LOA: (1) hook-and-line and pot CVs less than 60 ft
(18.3 m) LOA; (2) hook-and-line CVs greater than or equal to 60 ft
(18.3 m) LOA; (3) hook-and-line CPs; (4) pot CVs greater than or equal
to 60 ft (18.3 m) LOA, and (5) pot CPs. Currently, catch from all CVs
that are less than 60 ft (18.3 m) LOA using hook-and-line or pot gear
accrues toward the hook-and-line and pot CVs less than 60 ft (18.3 m)
LOA sector allocation. Under the changes proposed by this action, catch
during the jig A season (January 1 to April 30) from CVs that are less
than or equal to 55 ft (16.8 m) LOA would accrue to the jig vessel
sector, while catch during the jig A season from CVs greater than 55 ft
(16.8 m) LOA but less than 60 ft (18.3 m) LOA would continue to accrue
to the hook-and-line and pot CVs less than 60 ft (18.3 m) LOA sector.
Inseason Adjustments
Regulations at Sec. 679.20(a)(7)(iv)(B) allow any unused portion
of a seasonal allowance from any sector except the jig sector to be
rolled over to that sector's next season during the current fishing
year unless the Regional Administrator determines that sector would be
unable to harvest its allocation. Historically Pacific cod in the other
sectors is often fully utilized later in the year, therefore the unused
portion of Pacific cod has consistently rolled over to that sector's
next season. This means that the only reliable source for reallocations
during the A season would come from the jig sector's A season
apportionment. Section 679.20(a)(7)(iv)(C) allows the Regional
Administrator to reallocate any projected unused portion of the BSAI
Pacific cod jig sector's seasonal allowance to the less than 60 ft
(18.3 m) LOA hook-and-line and pot CV sector.
There has historically been little to no participation by vessels
using jig gear in the A season, which has allowed NMFS
[[Page 37833]]
to reallocate projected unused A season TAC from the jig sector to the
less than 60 ft (18.3 m) LOA hook-and-line and pot CV sector early in
the year (frequently in January). In recent years, the majority of the
jig sector's A season allowance has been reallocated to the less than
60 ft (18.3 m) LOA hook-and-line and pot CV sector at the beginning of
the year. NMFS closely monitors the fishing activity in these sectors
to understand their fishing activity and capacity to harvest Pacific
cod. NMFS tries to time any reallocations during the jig sector's A
season to ensure the less than 60 ft (18.3 m) LOA hook-and-line and pot
CV sector does not experience a disruption in fishing between their
initial allocation and the reallocation becoming available.
Affected Fishery Sectors
This action affects the jig gear sector and the hook-and-line and
pot CVs less than 60 ft (18.3 m) LOA sector. The jig sector is
allocated 1.4 percent of the annual BSAI Pacific cod non-CDQ TAC, which
is further divided into seasonal allowances between the A, B, and C
seasons. The A season is issued 60 percent of the jig sector's total
apportionment while the B and C seasons are each issued 20 percent
(Sec. 679.20(a)(7)(iv)(A)(3)). The jig gear sector includes all
vessels operating as CVs and using jig gear, as well as C/Ps vessels
using jig gear to harvest Pacific cod.
The less than 60 ft (18.3 m) LOA hook-and-line and pot CV sector is
allocated 2 percent of the annual BSAI Pacific cod non-CDQ TAC for the
year, with no seasonal allocations (Sec. 679.20(a)(7)(iv)(A)(4)).
Given this relatively small sector allocation and the number as well as
the fishing capacity of participants in this sector, this typically
results in full harvest of the less than 60 ft (18.3 m) LOA hook-and-
line or pot CV sector annual allocation early in the year, closing the
sector to directed fishing typically in late January to early February.
Regulations at Sec. 679.20(a)(7)(iii)(A) specify the reallocation
hierarchy applied to projected unharvested TAC from CV sectors are
first reallocated to the jig sector, the less than 60 ft (18.3 m) LOA
hook-and-line or pot CV sector, or both, followed by the other sectors
as described in Sec. 679.20(a)(7)(iii). Since 2020, reallocations to
the less than 60 ft (18.3 m) LOA hook-and-line or pot CV sector have
typically occurred first at the beginning of the year and then again in
early to mid-September. However, it is important to note that
reallocations can happen any time of the year if it is projected there
will be unused harvest.
The current regulations at Sec. 679.20(a)(7)(iv)(B) and (C)
require a reallocation of BSAI Pacific cod from the jig sector's C
season to the less than 60 ft (18.3 m) LOA hook-and-line and pot CV
sector on or near September 1. On average, from 2008 through 2021, 95
percent of the BSAI Pacific cod jig's initial allocation has been
reallocated to the less than 60 ft (18.3 m) LOA hook-and-line and pot
CV sector.
As explained in Section 1.2.1 of the Analysis (see ADDRESSES), some
vessels in the less than 60 ft (18.3 m) LOA hook-and-line and pot CV
sector (typically vessels with an LOA around 58 ft (17.7 m)) are known
to have disproportionately greater catch per unit effort and improved
stability in the water than smaller vessels. The Council considered two
options to set the LOA threshold for smaller hook-and-line or pot CVs
to harvest the jig sector allocation during the A season: (1) less than
or equal to 55 ft (16.8 m) LOA; and (2) less than or equal to 56 ft
(17.1 m) LOA. Public comments received during the Council process
suggested that a significant shift in capacity for harvesting BSAI
Pacific cod occurs between 56 ft (17.1 m) LOA vessels and smaller
vessels.
Need for Action
Increased participation in the less than 60 ft (18.3 m) LOA hook-
and-line and pot CV sector and reduced TACs in recent years have
resulted in early (January or February) directed fishing closures for
the sector. Smaller vessels (less than or equal to 55 ft (16.8 m) LOA)
are disproportionately affected by early closures because vessel
operators have less flexibility to fish when the weather is poor and
typically fish waters closer to port, which may be less productive.
Historically, the jig sector allocation has not been fully used,
particularly in the A and C seasons. This action would allow less than
or equal to 55 ft (16.8 m) LOA CVs using hook-and-line or pot gear to
harvest Pacific cod from the jig sector allocation, which is intended
to increase stability for current fishery participants and potential
new entrants with smaller CVs without negatively impacting vessels
using jig gear.
Reallocation of the jig sector allocation has created an important
fishing opportunity in the fall for the less than 60 ft (18.3 m) LOA
hook-and-line and pot CV sector that allows vessels to transition
(e.g., retain crew) from summer fisheries like salmon or Individual
Fishing Quota halibut and sablefish to the Federal Pacific cod fishery.
Other reallocation opportunities available to open the less than 60 ft
(18.3 m) LOA hook-and-line and pot CV sector on September 1 are
uncertain, except for the jig sector, because it is not always possible
to project if other sectors will be unable to fully harvest their TACs
before the end of the year in September. It is important to also note
that, because there has historically been little to no participation by
the jig sector fishing in the C season, NMFS has been able to
reallocate unused B and projected C season TAC to the current less than
60 ft (18.3 m) LOA hook-and-line and pot CV sector on or near September
1.
Amendment 125 and this proposed rule would retain the current
reallocation hierarchy as specified at Sec. 679.20(a)(7)(iii)-(iv),
which would still require the Regional Administrator to reallocate a
projected unused portion of a Pacific cod allowance from the jig sector
to the less than 60 ft (18.3 m) LOA hook-and-line and pot CV sector at
the beginning of the C season, and allow NMFS to reallocate earlier in
the year if NMFS is confident that they could project the amount of TAC
that the newly modified jig sector would need to finish the A season.
Proposed Action
Amendment 125 would modify the jig sector, during the A season, to
include catch from CVs using hook-and-line or pot gear that are less
than or equal to 55 ft (16.8 m) LOA. Pacific cod harvest from these
vessels during the jig sector A season would accrue to the jig sector
allocation. This modification would provide an opportunity for these
smaller CVs to fish the A season apportionment of the jig sector
allocation. Reallocations from the jig sector to the less than 60 ft
(18.3 m) LOA in the A season currently happen at the beginning of the
season, in early January. Under the proposed rule, NMFS would not
reallocate the majority of the jig sector allocation to the less than
60 ft (18.3 m) LOA hook-and-line and pot CV sector in January to
account for CVs using hook-and-line or pot gear that are less than or
equal to 55 ft (16.8 m) LOA participating in the jig sector A season.
Therefore, the reallocation during the jig sector A season may not
occur at all, or would likely occur much later in the jig sector A
season, based on the level of participation during the jig sector A
season by smaller vessels (less than or equal to 55 ft (16.8 m) LOA).
This opportunity for smaller vessels to fish the A season allowance of
the jig sector allocation would reduce competition for the smaller
vessels (less than or equal to 55 ft (16.8 m) LOA) with larger vessels
during the jig gear A season. Vessels within the less than 60 ft (18.3
m) LOA
[[Page 37834]]
hook-and-line and pot CV sector that are greater than 55 ft (16.9 m)
LOA would have reduced fishing opportunity during the jig gear A
season; however, these vessels tend to have additional efficiencies
that enable them to operate in different weather conditions with
greater catch per unit effort. The proposed rule would also result in
the less than 60 ft (18.3 m) LOA hook-and-line and pot CV sector having
less available TAC to harvest in January and likely an earlier fishery
closure. After the jig sector A season ends, harvest from all CVs that
are less than or equal to 55 ft (16.8 m) LOA, and using hook-and-line
or pot gear, would accrue to the less than 60 ft (18.3 m) LOA hook-and-
line and pot gear CV sector allocation for the remainder of the year.
There would be no change after the end of the jig sector A season for
CVs less than 60 ft (18.3 m) LOA and greater than 55 ft (16.8 m) LOA,
which would continue to have their harvest accrue to the less than 60
ft (18.3 m) LOA hook-and-line and pot gear CV sector allocation.
To implement amendment 125, NMFS proposes revising the Federal BSAI
Pacific cod jig sector, during the A season only, to include CVs less
than or equal to 55 ft (16.8 m) LOA that use hook-and-line or pot gear.
After the jig sector A season ends, all harvest from CVs that are less
than 60 ft (18.3 m) LOA, and using hook-and-line or pot gear, would
accrue to the less than 60 ft (18.3 m) LOA hook-and-line and pot gear
CV sector. This action would allow smaller CVs in the less than 60 ft
(18.3 m) LOA hook-and-line and pot CV sector to harvest the Pacific cod
jig allocation earlier in the year. Vessels larger than 55 ft (16.8 m)
LOA within the less than 60 ft (18.3 m) LOA hook-and-line or pot gear
sector would only receive reallocations from the jig sector in the A
season if there was sufficient A season allocation that would not be
harvested by CVs less than or equal to 55 ft (16.8 m) LOA. This action
would not change the allocation percentages or reallocation hierarchy
established under amendment 85 to the BSAI FMP (72 FR 50788, September
4, 2007).
NMFS proposes adding a small vessel provision at Sec.
679.20(a)(7)(iv)(D) to specify the provisions for less than or equal to
55 ft (16.8 m) LOA hook-and-line or pot CVs participating in the jig
sector A season. After the jig sector A season ends on April 30 at 1200
hours Alaska local time (A.l.t.), seasonal allowances will be
designated for jig vessels only. Beginning April 30 at 1200 hours
A.l.t., harvest from hook-and-line or pot CVs less than or equal to 55
ft (16.8 m) LOA would accrue against the hook-and-line and pot CV less
than 60 ft (18.3 m) LOA sector's allocation.
NMFS proposes corresponding changes to the sector allocations table
in regulations at Sec. 679.20(a)(7)(ii)(A) to modify the descriptions
of the jig sector and the hook-and-line and pot CV less than 60 ft
(18.3 m) LOA sector to accommodate the distinction between smaller
(less than or equal to 55 ft (16.8 m) LOA) hook-and-line or pot CVs and
larger (greater than 55 ft (16.8 m) LOA) hook-and-line or pot CVs
during the jig sector A season (January 1 to April 30) as specified at
Sec. 679.23(e)(5)(iv)(A).
NMFS proposes revising the descriptions of seasonal allowances by
sector under Sec. 679.20(a)(7)(iv) to reflect these distinctions by
vessel size, type, and season. Note that season dates vary by sector
and are listed under Sec. 679.23(e)(5). This action would apply only
during the jig gear A season and does not modify regulations that
govern when directed fishing by CVs using hook-and-line or pot gear is
authorized. Additional revisions are proposed in regulations to include
cross references to the small vessel provision being proposed at Sec.
679.20(a)(7)(iv)(D) as needed.
NMFS proposes changes to regulations at Sec. 679.20(a)(7)(ii)(B)
to modify which sectors have an incidental catch allowance (ICA)
deducted from their aggregate TAC to include the jig sector. Currently,
the ICA is deducted from the hook-and-line and pot gear sectors, but
the inclusion of smaller CVs (less than or equal to 55 ft (16.8 m) LOA)
using hook-and-line or pot gear in the jig sector means that the ICA
deduction should apply to the jig sector as well. If the ICA deduction
was not applied to the jig sector, then any incidental catch of Pacific
cod by CVs less than or equal to 55 ft (16.8 m) LOA that use hook-and-
line or pot gear that occurs January 1 to April 30 will accrue towards
the jig TAC instead. In recent years the sablefish and halibut IFQ
fisheries have opened in March and Pacific cod is a common incidental
catch species in those fisheries.
NMFS proposes technical changes to regulations at Sec.
679.20(a)(7)(iii) to incorporate the small vessel provision into the
existing non-CDQ sector reallocation hierarchy and make technical
changes to the organization. Paragraph Sec. 679.20(a)(7)(iii)(A) would
be divided into six subparagraphs and references to the new small
vessel provision would be added to paragraph (a)(7)(iii)(A)(1). NMFS
proposes revising Sec. 679.20(a)(7)(iii)(B) to add introductory text
that clarifies that reallocations to trawl gear sectors are considered
after applying paragraphs (a)(7)(iii)(A)(1) through (6) that specify
the hierarchy of reallocations to the non-trawl CV sectors.
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.
The proposed rule has been determined to be not significant for
purposes of E.O. 12866.
This proposed rule is not an Executive Order 14192 regulatory
action because the rule is not significant under Executive Order 12866.
This proposed rule contains no information collection requirements
under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.).
Regulatory Impact Review
A Regulatory Impact Review (RIR) was prepared to assess all costs
and benefits of available regulatory alternatives. A copy of this
analysis is available from NMFS (see ADDRESSES). The Council
recommended amendment 125 based on those measures that maximized net
benefits to the Nation. Specific aspects of the economic analysis are
discussed below in the Initial Regulatory Flexibility Analysis (IRFA)
section.
Initial Regulatory Flexibility Analysis
An IRFA was prepared for this proposed rule, as required by section
603 of the Regulatory Flexibility Act (RFA) (5 U.S.C. 603), to describe
the economic impact this proposed rule, if adopted, would have on small
entities. This IRFA: (1) describes the action; (2) the reasons why it
is proposed; (3) the objectives and legal basis for this proposed rule;
(4) the estimated number and description of directly regulated small
entities to which this proposed rule would apply; (5) the
recordkeeping, reporting, and other compliance requirements of this
proposed rule; and (6) the relevant Federal rules that may duplicate,
overlap, or conflict with this proposed rule. This IRFA also describes
significant alternatives to this proposed rule that would accomplish
the stated objectives of the Magnuson-Stevens Act, and any other
applicable statutes, and that would minimize any significant economic
impact of this proposed rule on small entities. The description of the
proposed action, its purpose, and the legal basis are explained earlier
in the preamble to this proposed rule and are not repeated here.
[[Page 37835]]
For RFA purposes only, NMFS has 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 (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 gross receipts not in excess of $11 million for all its
affiliated operations worldwide. A shoreside and mothership processor
primarily involved in seafood processing (NAICS code 311710) 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 employment, counting all
individuals employed on a full-time, part-time, or other basis, not in
excess of 750 employees for all its affiliated operations worldwide.
Number and Description of Small Entities Regulated by This Proposed
Rule
Entities directly regulated by this action include vessels
operating in the Federal BSAI Pacific cod less than 60 ft (18.3 m) LOA
hook-and-line and pot CV and jig sectors. The jig sector includes CVs
and C/P vessels. This section identifies all entities that could be
considered directly regulated entities under the range of alternatives
considered and likely represents an overestimate of the number of small
entities that would be directly regulated.
In the most recent five years for which annual economic data are
available (2019 through 2023), there were 53 active vessels that
participated in the Federal BSAI Pacific cod less than 60 ft (18.3 m)
LOA hook-and-line and pot CV and jig sectors. All 53 active vessels are
directly regulated entities. All but one of the 53 directly regulated
entities are considered small entities under the RFA. As many as three
vessels from the less than 60 ft (18.3 m) LOA hook-and-line and pot CV
sector also participated in the BSAI Pacific cod jig sector in either
2019 or 2020; however, no vessel participated in the jig sector in 2021
through 2023. All of these jig vessels are considered directly
regulated small entities. Sixteen hook-and-line or pot CVs that are
less than or equal to 55 ft (16.8 m) LOA participated in the BSAI
Pacific cod fishery (2019 through 2023), and all 16 were active in
2023. All 16 of these small hook-and-line or pot CVs are considered
directly regulated small entities. Thirty-seven hook-and-line or pot
CVs greater than 55 ft (16.8 m) LOA participated in the less than 60 ft
(18.3 m) hook-and-line and pot CV sector (2019 through 2023), of which
34 vessels were active in 2023. Thirty-six of those 37 vessels are
considered directly regulated small entities. These counts identify all
unique directly regulated small entities that may participate in the
fishery recognizing that not all of these vessels participate in every
year.
Impacts of This Action on Small Entities
All but one of the entities directly regulated by this action are
small entities for RFA purposes. The potential impacts to these small
entities are extensively analyzed in the associated RIR. A summary of
those potential effects is provided here.
This action adds a small vessel provision to the current BSAI
Pacific cod jig sector in the A season. Under this small vessel
provision, catch from hook-and-line or pot CVs that are less than or
equal to 55 ft (16.8 m) LOA harvesting Pacific cod in the BSAI during
the jig gear A season would accrue to the jig sector allocation. This
action does not change the allocation percentage to either the jig
sector, or the less than 60 ft (18.3 m) hook-and-line and pot CV
sector; however, during the jig gear A season, harvest by the hook-and-
line or pot CVs less than or equal to 55ft (16.8 m) LOA would accrue to
the jig sector allocation before any reallocation would occur. Changes
to the timing of inseason reallocation of any unused portion of the jig
sector allocation could affect the remaining vessels in the less than
60 ft (18.3 m) LOA hook-and-line and pot gear CV sector by delaying or
eliminating a reallocation of the jig sector A season apportionment.
In terms of the effect on fleet revenue, the Analysis of Option 2
(see ADDRESSES) estimates an average annual increase in fleet revenue
of $1.15 million for the hook-and-line or pot CVs less than or equal to
56 ft (17.1 m) LOA and an annual average revenue decrease of $1.22
million for the hook-and-line or pot CVs greater than 56 ft (17.1 m)
LOA. For the reasons discussed in Section 4.3.5 of the Analysis both of
these numbers are likely overestimates. Although this action changes
how the harvest of vessels less than or equal to 55 ft (16.8 m) LOA is
accounted for, due to the small difference between the two options
considered, the same revenue analysis could not be performed to
directly compare the 55 ft (16.8 m) and 56 ft (17.1 m) LOA thresholds
because presenting both analyses would reveal confidential fishery
information. Therefore, the two options were analyzed together and the
differences described qualitatively. This shift in revenue is largely
attributable to changing the timing of reallocation of the jig sector
apportionment to the less than 60 ft (18.3 m) LOA hook-and-line and pot
gear CV sector. Additionally, the amount of Pacific cod reallocated may
be reduced by the amount harvested by vessels CVs less than or equal to
55 ft (16.8 m) LOA during the jig season. This action is also expected
to improve stability for hook-and-line or pot CVs less than or equal to
55 ft (16.8 m) LOA as it may provide extended fishing seasons and more
flexibility for smaller CVs to choose when to fish.
This action could have a positive impact on the overall safety of
smaller (less than or equal to 55 ft (16.8 m) LOA) hook-and-line or pot
CVs as they could be more selective on when they take their fishing
trips to target better weather windows during the early winter months
without the competition of larger vessels in the less than 60 ft (18.3
m) LOA hook-and-line and pot gear CV sector. As explained in Section
4.3.3 of the Analysis, this action could also have a negative impact on
the overall safety of vessels greater than 55 ft (16.8 m) LOA in the
less than 60 ft (18.3 m) LOA hook-and-line and pot CV sector. This is
because competition early in the fishing year for the 2 percent sector
allocation could increase the pace of fishing by vessels that have
excess capacity and ability to fish in worse weather. Those larger
vessels in the sector would no longer have access to the jig sector A
season allocation at the beginning of the year. If there are active
vessels using jig gear, or vessels less than or equal to 55 ft (16.8 m)
LOA using hook-and-line or pot gear, a reallocation of the jig sector
allocation may not be available to the less than 60 ft (18.3 m) LOA
hook-and-line and pot gear CV sector until after the end of the jig
sector A season.
Description of Significant Alternatives That Minimize Adverse Impacts
on Small Entities
The Council considered two alternatives: a no action alternative
and an action alternative with two options and a sub-option.
Alternative 1 would retain the status quo by keeping the BSAI Pacific
cod non-CDQ sectors specified at Sec. 679.20(a)(7)(ii)(A), while
Alternative 2 considered modifying the BSAI Pacific cod jig sector to
include smaller hook-and-line or pot CVs with two options that would
set the LOA for smaller CVs at either less than or equal to 55 ft (16.8
m) LOA (Option 1) or less than or equal to 56 ft (17.1 m) LOA (Option
2). Additionally, the sub-option
[[Page 37836]]
allowed for the addition of smaller vessels to the jig sector during
only the jig sector A season. The sub-option specified that the jig
sector B and C seasons would remain a jig-gear-only fishery. After the
jig sector's A season ends, all harvest by hook-and-line or pot CVs
less than 60 ft (18.3 m) LOA (including vessels less than or equal to
55 ft (16.8m) LOA) would accrue to the same sector as under status quo.
The Council recommended Alternative 2, Option 1 with the sub-option
as its preferred alternative. NMFS has reviewed the Council's
recommendation and is proposing in this rule regulatory changes that
would implement the Council's recommendation. As such, amendment 125
and this proposed rule would apply to the jig-gear A season only.
During the A season, harvest from hook-and-line or pot CVs less than or
equal to 55 ft (16.8 m) LOA would accrue to the jig sector allocation
and harvest from hook-and-line or pot CVs with an LOA greater than 55
ft (16.8 m) LOA and less than 60 ft (18.3 m) LOA would accrue toward
the less than 60 ft (18.3 m) LOA hook-and-line and pot CV sector's 2
percent allocation. After the jig-gear A season ends on April 30, all
hook-and-line or pot CVs that are less than 60 ft (18.3 m) LOA would be
in the same sector and would be eligible for reallocations utilizing
the reallocation hierarchy defined in Federal regulations at Sec.
679.20(a)(7)(iii)-(iv).
Under the status quo alternative, increased participation in the
sector, and smaller BSAI Pacific cod allocation amounts and
reallocations from other sectors, have resulted in shortened fishing
seasons for the sector. In addition to potentially providing more
stability to smaller hook-and-line or pot CVs, this action (Alternative
2, Option 1) could provide additional fishing opportunities for smaller
hook-and-line or pot CVs by modifying the current BSAI Pacific cod jig
sector to allow these hook-and-line and pot CVs to fish the jig
sector's allocation without negatively impacting jig fishery
participants. The BSAI Pacific cod jig sector has historically
underutilized its 1.4 percent allocation of BSAI Pacific cod under
amendment 85, the majority of which has been reallocated to the less
than 60 ft (18.3 m) hook-and-line and pot CV sector.
The Council recommended Option 1 (less than or equal to 55 ft (16.8
m) LOA) to ensure the cut off for hook-and-line or pot CVs to harvest
Pacific cod from the jig sector's allocation is set at a length that
would exclude larger vessels with additional efficiencies. The Council
received public comment that some hook-and-line or pot CVs with a
reported LOA of exactly 56 ft (17.1 m) could have additional capacity
to harvest BSAI Pacific cod more competitively than smaller vessels.
Therefore, the Council did not choose to recommend, and NMFS did not
choose to implement Option 2 because allowing 56 ft (17.1 m) LOA
vessels with additional capacity to harvest Pacific cod from the jig
sector's allocation in the A season may not eliminate the unintended
inter-sector competition that current fishery participants in the less
than 60 ft (18.3 m) hook-and-line and pot CV sector face.
The sub-option would likely result in additional opportunities for
smaller hook-and-line or pot CVs to harvest Pacific cod during the jig
sector A season. Keeping the B season as a jig-only fishery (i.e.,
status quo) would minimize the potential impacts to jig vessels, which
make the majority of their BSAI Pacific cod deliveries between April
and September (i.e., the B season) when the weather is safest for
smaller vessels to operate. Additionally, hook-and-line or pot CVs
typically prosecute other fisheries during the jig sector's B season.
Due to this lack of demand and the amount of harvest allocation
necessary to make reopening the sector practical, NMFS has not been
able to make a reallocation to reopen the less than 60 ft (18.3 m) LOA
hook-and-line and pot CV sector in the spring/summer months since 2011.
Finally, keeping the C season as a jig-only fishery (i.e., status quo)
responds to concerns the Council heard in public comment from fishery
participants with larger hook-and-line or pot CVs who have come to
depend on a fall fishing opportunity and that the historically common
reallocation of jig sector TAC on or near September 1 is important to
maintain.
Overall, the proposed action would provide more stability for
smaller hook-and-line or pot CVs (those less than or equal to 55 ft
(16.8 m) LOA). Increased participation in the less than 60 ft (18.3 m)
LOA hook-and-line and pot CV sector, smaller BSAI Pacific cod annual
TACs, and fewer reallocations from other sectors, have resulted in
shortened fishing seasons for the sector. In addition to potentially
providing more stability to smaller hook-and-line or pot CVs, this
action could provide additional fishing opportunities for smaller hook-
and-line and pot vessels by redefining the current BSAI Pacific cod jig
sector to include these hook-and-line or pot CVs without negatively
impacting jig fishery participants. The BSAI Pacific cod jig sector has
historically underutilized its 1.4 percent allocation of BSAI Pacific
cod under amendment 85, the majority of which has been reallocated to
the less than 60 ft (18.3 m) hook-and-line and pot CV sector.
A key challenge this action seeks to address is that the less than
60 ft (18.3 m) LOA hook-and-line and pot CV sector has experienced a
shortened initial fishing period in recent years, which negatively
impacts smaller vessels because they have less capacity and flexibility
to fish in poor weather and in more productive grounds farther from
shore. Due to their size, smaller vessels typically fish waters closer
to shore, which may be less productive for Pacific cod. Pacific cod is
a demersal species found throughout the Eastern BS and the AI and are
distributed over the continental shelf at depths from shoreline to 500
m (Section 4.3.3 of the RIR). However, Pacific cod do not typically
appear inside shallow, inshore waters until mid to late February.
Additionally, condensed fishing periods at the start of the year give
smaller vessels less flexibility to avoid fishing when the weather
creates unsafe conditions. These dynamics pose safety concerns for
smaller vessels that this action will address by allowing hook-and-line
or pot CVs less than or equal to 55 ft (16.8 m) LOA to harvest Pacific
cod from the jig-sector's A season allocation and thereby providing a
dedicated fishing opportunity to these smaller vessels separate from
the more competitive vessels in less than 60 ft (18.3 m) LOA hook-and-
line and pot CV sector. This would also provide smaller hook-and-line
or pot CVs with greater flexibility in the timing of fishing, allowing
for improved fishing safety as well as greater fishing opportunities.
The Council acknowledged that vessels greater than 55 ft (16.8 m) and
less than 60 ft (18.3 m) LOA could face reduced fishing opportunities
early in the year in the absence of an A season reallocation from the
jig sector. NMFS agrees with the Council's rationale that smaller
vessels face greater safety risks and, thus, are of greater concern.
Based upon the best scientific data available, and in consideration
of the objectives of this action, there are no significant alternatives
to the proposed rule that have the potential to accomplish the stated
objectives of the Magnuson-Stevens Act and other applicable statutes
and that have the potential to minimize any significant adverse
economic impact of the proposed rule on small entities.
Overall, this action is economically beneficial to entities
operating vessels less than or equal to 55 ft (16.8 m) LOA in the BSAI
Pacific cod hook-and-line
[[Page 37837]]
and pot CVs less than 60 ft (18.3 m) LOA sector, including small
entities. This action proposes modification to fishing sectors to
improve fishery efficiency, allows for new small entity entrants to the
fishery, and improves small vessel safety at sea. After public process
during which the Council solicited input from stakeholders, the Council
recommended this action. NMFS determined that the recommended action
would best accomplish the stated objectives articulated in the preamble
for this proposed rule, and in applicable statutes, and would minimize
to the extent practicable adverse economic impacts on the universe of
directly regulated small entities.
Duplicate, Overlapping, or Conflicting Federal Rules
No duplication, overlap, or conflict between this proposed action
and existing Federal rules has been identified.
Recordkeeping, Reporting, and Other Compliance Requirements
This action does not modify recordkeeping or reporting
requirements, or duplicate, overlap, or conflict with any Federal
rules.
List of Subjects in 50 CFR Part 679
Alaska, Fisheries, Reporting and recordkeeping requirements.
Dated: August 1, 2025.
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. Amend Sec. 679.20 by revising paragraphs (a)(7)(ii)(A)(1) and (2)
and (B); (a)(7)(iii)(A) and (B) introductory text; (a)(7)(iv)(A)(3) and
(C); and adding paragraph (a)(7)(iv)(D) to read as follows:
Sec. 679.20 General Limitations.
(a) * * *
(7) * * *
(ii) * * *
(A) * * *
------------------------------------------------------------------------
Sector % Allocation
------------------------------------------------------------------------
(1) Jig (During the jig gear A season, see small vessel 1.4
provision in paragraph (a)(7)(iv)(D) of this section)..
(2) Hook-and-line and pot CV <60 ft (18.3 m) LOA (During 2
the jig gear A season, see small vessel provision in
paragraph (a)(7)(iv)(D) of this section)...............
* * * * * * *
------------------------------------------------------------------------
(B) Incidental catch allowance. During the annual harvest
specifications process set forth at paragraph (c) of this section, the
Regional Administrator will specify an amount of Pacific cod that NMFS
estimates will be taken as incidental catch in directed fisheries for
groundfish other than Pacific cod by the hook-and-line and pot gear
sectors. This amount will be the incidental catch allowance and will be
deducted from the aggregate portion of Pacific cod TAC annually
allocated to the hook-and-line and pot gear sectors (including the jig
sector due to the small vessel provision in paragraph (a)(7)(iv)(D) of
this section) before the allocations under paragraph (a)(7)(ii)(A) of
this section are made to these sectors.
(iii) * * *
(A) Catcher vessel sectors. The Regional Administrator will
reallocate projected unharvested amounts of Pacific cod TAC from a
catcher vessel sector as follows:
(1) First, to the jig sector, as described under paragraph
(7)(ii)(A)(1) of this section, or to the less than 60 ft (18.3 m) LOA
hook-and-line and pot catcher vessel sector, as described under
paragraph (7)(ii)(A)(2) of this section, or to both of these sectors;
(2) Second, to the greater than or equal to 60 ft (18.3 m) LOA
hook-and-line or to the greater than or equal to 60 ft (18.3 m) LOA pot
catcher vessel sectors; and
(3) Third, to the trawl catcher vessel sector.
(4) If the Regional Administrator determines that a projected
unharvested amount from the jig sector allocation, the less than 60 ft
(18.3 m) LOA hook-and-line and pot catcher vessel sector allocation, or
the greater than or equal to 60 ft (18.3 m) LOA hook-and-line catcher
vessel sector allocation is unlikely to be harvested through this
hierarchy, the Regional Administrator will reallocate that amount to
the hook-and-line catcher/processor sector.
(5) If the Regional Administrator determines that a projected
unharvested amount from a greater than or equal to 60 ft (18.3 m) LOA
pot catcher vessel sector allocation is unlikely to be harvested
through this hierarchy, the Regional Administrator will reallocate that
amount to the pot catcher/processor sector in accordance with the
hierarchy set forth in paragraph (a)(7)(iii)(C) of this section.
(6) If the Regional Administrator determines that a projected
unharvested amount from a trawl catcher vessel sector allocation is
unlikely to be harvested through this hierarchy, the Regional
Administrator will reallocate that amount to the other trawl sectors in
accordance with the hierarchy set forth in paragraph (a)(7)(iii)(B) of
this section.
(B) Trawl gear sectors. After applying paragraphs (a)(7)(iii)(A)(1)
through (6) of this section, if applicable, the Regional Administrator
will reallocate any projected unharvested amounts of Pacific cod TAC
from the trawl catcher vessel or AFA catcher/processor sectors to other
trawl sectors before unharvested amounts are reallocated and
apportioned to specified gear sectors as follows:
* * * * *
(iv) * * *
(A) * * *
[[Page 37838]]
------------------------------------------------------------------------
Seasonal allowances (%)
Sector -----------------------------------------
A Season B Season C Season
------------------------------------------------------------------------
* * * * * * *
(3) Jig (During the jig gear A 60 20 20
season, see small vessel
provision in paragraph
(a)(7)(iv)(D) of this
section).....................
* * * * * * *
------------------------------------------------------------------------
* * * * *
(C) Jig sector. See Sec. 679.20(a)(7)(iv)(D) for small vessel
provisions during the A season. The Regional Administrator will
reallocate any projected unused portion of a seasonal allowance of
Pacific cod for the jig sector under this section to the less than 60
ft (18.3 m) LOA hook-and-line and pot catcher vessel sector. The
Regional Administrator will reallocate the projected unused portion of
the jig sector's C season allowance on or about September 1 of each
year.
(D) Small vessel provision. (1) During the jig gear A season (see
Sec. 679.23(e)(5)(iv)), harvest by vessels using jig gear and harvest
by CVs less than or equal to 55 ft (16.8 m) LOA using hook-and-line or
pot gear accrues against the jig sector seasonal allowance.
(2) During the jig gear B and C seasons (see Sec.
679.23(e)(5)(iv)), harvest by vessels using jig gear accrues against
the seasonal allowances for the jig sector, and harvest by CVs less
than or equal to 55 ft (16.8 m) LOA using hook-and-line or pot gear
accrues against the hook-and-line and pot CV less than 60 ft (18.3 m)
LOA sector's allocation.
* * * * *
[FR Doc. 2025-14960 Filed 8-5-25; 8:45 am]
BILLING CODE 3510-22-P
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