[Federal Register Volume 76, Number 118 (Monday, June 20, 2011)]
[Rules and Regulations]
[Pages 35772-35781]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-15284]



[[Page 35772]]

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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 680

[Docket No. 0910301387-1315-02]
RIN 0648-AY33


Fisheries of the Exclusive Economic Zone Off Alaska; Bering Sea 
and Aleutian Islands Crab Rationalization Program

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and 
Atmospheric Administration (NOAA), Commerce.

ACTION: Final rule.

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SUMMARY: NMFS issues regulations to implement Amendment 34 to the 
Fishery Management Plan for Bering Sea/Aleutian Islands King and Tanner 
Crabs. Amendment 34 amends the Bering Sea and Aleutian Islands Crab 
Rationalization Program to exempt additional recipients of crab quota 
share from Gulf of Alaska Pacific cod and pollock harvest limits, 
called sideboards, which apply to some vessels and license limitation 
program licenses that are used to participate in these fisheries. The 
North Pacific Fishery Management Council determined that these 
recipients demonstrated a sufficient level of historical participation 
in Gulf of Alaska Pacific cod or pollock fisheries and should be exempt 
from the Gulf of Alaska Pacific cod and pollock sideboards. This action 
is necessary to give these recipients an opportunity to participate in 
the Gulf of Alaska Pacific cod and pollock fisheries at historical 
levels. This final rule revises regulations governing exemptions from 
and calculations of sideboard harvest limits in the Gulf of Alaska 
Pacific cod and pollock fisheries and revises Tables 17 and 18 that 
establish the 2011-2012 Gulf of Alaska groundfish harvest sideboard 
limits. To fully implement Amendment 34 NMFS will reissue Federal 
fisheries permits and license limitation program licenses to all 
participants that are affected by the action. This final rule promotes 
the goals and objectives of the Magnuson-Stevens Fishery Conservation 
and Management Act and the Fishery Management Plan for Bering Sea/
Aleutian Islands King and Tanner Crabs.

DATES: Effective July 20, 2011.

ADDRESSES: Electronic copies of Amendment 34, the Regulatory Impact 
Review (RIR), the Final Regulatory Flexibility Analysis (FRFA), and the 
Categorical Exclusion prepared for this proposed action may be obtained 
from http://www.regulations.gov or from the Alaska Region Web site at 
http://alaskafisheries.noaa.gov. The Environmental Impact Statement, 
RIR, FRFA, and Social Impact Assessment prepared for the Crab 
Rationalization Program are available from the NMFS Alaska Region Web 
site at http://alaskafisheries.noaa.gov.

FOR FURTHER INFORMATION CONTACT: Rachel Baker, 907-586-7425, or Forrest 
R. Bowers, 907-586-7240.

SUPPLEMENTARY INFORMATION: 

Background

    The King and Tanner crab fisheries in the exclusive economic zone 
of the Bering Sea and Aleutian Islands (BSAI) are managed under the 
Fishery Management Plan for Bering Sea/Aleutian Islands King and Tanner 
Crabs (Crab FMP). Groundfish fisheries in the Gulf of Alaska (GOA) are 
managed under the Fishery Management Plan for Groundfish of the Gulf of 
Alaska (GOA FMP). The North Pacific Fishery Management Council 
(Council) prepared, and NMFS approved, the Crab FMP and the GOA FMP 
under the authority of the Magnuson-Stevens Fishery Conservation and 
Management Act (Magnuson-Stevens Act). Amendments 18 and 19 to the Crab 
FMP implemented the BSAI Crab Rationalization Program (CR Program). 
Regulations implementing the FMP, including the CR Program, are located 
at 50 CFR part 680. Regulations implementing the GOA FMP are at 50 CFR 
part 679. General regulations governing U.S. fisheries also appear at 
50 CFR part 600.
    The CR Program allocates BSAI crab resources among harvesters, 
processors, and coastal communities. The CR Program is a limited access 
privilege program (LAPP) for nine BSAI crab fisheries. Participants 
receive exclusive harvesting and processing privileges for a portion of 
the total allowable catch established for each crab fishery in the CR 
Program.
    Sideboards are implemented within LAPPs to prevent participants who 
benefit from receiving exclusive harvesting privileges from shifting 
effort into fisheries that are not managed with a LAPP. In developing 
the CR Program, the Council anticipated that flexibility inherent in 
the CR program would allow crab fishermen to expand their fishing 
operations into other fisheries. Because the Bering Sea snow crab 
(Chionoecetes opilio) and many economically valuable GOA groundfish 
fisheries were conducted concurrently from January through March the 
Council was particularly concerned that increased flexibility for 
recipients of Bering Sea snow crab quota share (QS) could give them an 
incentive to increase effort in GOA groundfish fisheries.
    The Council determined that the CR Program should include 
sideboards for most GOA groundfish fisheries to prevent Bering Sea snow 
crab QS recipients from increasing their participation in those 
fisheries. However, because some Bering Sea snow crab QS recipients had 
significant historical participation in the GOA Pacific cod fishery, 
the Council also developed criteria that would exempt from sideboards 
certain Bering Sea snow crab QS recipients with significant 
participation in, or dependence on, the GOA Pacific cod fishery. The CR 
Program did not establish sideboard limits for American Fisheries Act 
(AFA) vessels with historical participation in the Bering Sea snow crab 
fishery because these vessels are subject to GOA harvesting and 
processing restrictions under the AFA and the implementing regulations 
for the AFA (Sec.  679.64(b)). Vessels subject to the sideboards are 
referred to as ``non-AFA crab vessels''. Exemption criteria are based 
on snow crab and groundfish catch history during a set of qualifying 
years and are fully described in the preamble to the proposed rule for 
this action (76 FR 17088).
    After the CR Program was implemented in 2005, some non-AFA crab 
vessel operators testified to the Council that the GOA Pacific cod and 
pollock sideboard limits were too restrictive. These operators 
indicated that with the sideboard limits they were unable to maintain 
historical groundfish catch levels in the GOA and should qualify for an 
exemption from those limits. Some operators testified that although 
their vessel's catch history exceeded the maximum allowable amount to 
qualify for the exemption from the Pacific cod sideboard limits, they 
had significant history in, and dependence on, GOA Pacific cod and 
pollock fisheries. Based on this public testimony and a review of the 
effects of the sideboard limits in the first 2 years of the CR Program 
(2005/2006 and 2006/2007 crab fishing years), the Council determined 
that the existing criteria for exemption from the sideboard limits in 
GOA Pacific cod and pollock fisheries should be examined to consider 
inclusion of additional vessels and LLP licenses with historical 
participation in and sufficient dependence on these fisheries. The 
Council initiated an analysis in December 2007 to examine alternatives 
that would expand the criteria for non-AFA crab vessels to

[[Page 35773]]

qualify for an exemption from the Pacific cod sideboard limits and that 
would extend a similar exemption to the pollock sideboard limits.
    In October 2008, the Council recommended Amendment 34 to the Crab 
FMP to exempt additional vessels and groundfish LLP licenses from the 
GOA Pacific cod and pollock sideboard limits. The Council also 
clarified that it did not intend for Amendment 34 to disqualify any 
vessels or groundfish LLP licenses that are currently exempt from non-
AFA crab vessel Pacific cod sideboard limits in the GOA.
    This final rule implements two actions. The first action modifies 
the criteria exempting vessels and LLP licenses from the non-AFA crab 
vessel GOA Pacific cod sideboard limits. Under this action, non-AFA 
crab vessels are exempt from GOA Pacific cod sideboards if their catch 
history of Bering Sea snow crab from 1996 to 2000 was less than 750,000 
lbs. (340.2 mt) and their catch history of Pacific cod during the same 
time period was greater than 680 metric tons. In developing these new 
sideboard exemption criteria, the Council first considered a person's 
dependence on the GOA Pacific cod fishery demonstrated through both 
sufficient volume of landings, represented by the 680 metric ton level, 
which is slightly more than twice the average 1996 to 2000 GOA Pacific 
cod landings of all non-AFA crab vessels, as well as a person's recent 
annual participation in the fishery represented by landings of GOA 
Pacific cod each year from 1998 to 2007. The Council determined, and 
NMFS agrees, that the Bering Sea snow crab threshold of less than 
100,000 lbs. (45.4 mt) of landings between 1996 and 2000 is too 
restrictive and that increasing the threshold to less than 750,000 lbs. 
(340.2 mt) of landings between 1996 and 2000 was justified given 
demonstrated dependence on the GOA Pacific cod fishery by the three 
additional vessels and licenses that are estimated to qualify for 
exemption under this final rule. The Council concluded, and NMFS 
agrees, that the effects of three additional exempt vessels and LLP 
licenses on other participants in the GOA Pacific cod fishery would be 
minimal since these three vessels and LLP licenses represent 
approximately one percent of the number of participating vessels and 
their combined harvests of Pacific cod from 1995 through 2009 were less 
than 2 percent of the total catch of GOA Pacific cod during that 
period.
    The second action implemented by this final rule adds an exemption 
to GOA pollock sideboard limits for non-AFA crab vessels. Under the CR 
Program, all non-AFA crab vessels are subject to sideboard limits in 
GOA pollock fisheries. Although some non-AFA crab vessels historically 
participated in GOA pollock fisheries, the aggregate catch history of 
GOA pollock by non-AFA crab vessels from 1996 to 2000 yielded sideboard 
limits that NMFS determined were of an insufficient amount to support 
directed fishing. Since 2006, NMFS has closed the GOA pollock sideboard 
fishery to directed fishing by non-AFA crab vessels. With the 
likelihood of no directed fishing for pollock sideboard limits for the 
foreseeable future, a GOA pollock-dependent non-AFA crab vessel could 
not maintain its historical level of participation in GOA pollock 
fisheries and the Council determined that they are negatively impacted 
under the status quo.
    The Council determined and NMFS agrees that a non-AFA crab vessel 
that was used to land less than 0.22 percent of all Bering Sea snow 
crab landings from 1996 to 2000 (1,212,673 lbs. (550 mt)), and made 20 
landings of pollock harvested from the GOA from 1996 to 2000, was 
minimally dependent on the Bering Sea snow crab fishery and 
sufficiently dependent on the GOA pollock fishery to qualify for an 
exemption from the pollock sideboard limits. In reaching this decision, 
the Council determined that the 20-landings minimum threshold for an 
exemption from the GOA pollock sideboard limit was the minimum level of 
participation by non-AFA crab vessels that would demonstrate 
significant participation in, and dependence on, the GOA pollock 
fishery.
    A single vessel is estimated to qualify for an exemption under the 
criteria selected by the Council. Pollock comprised approximately 80 
percent of the vessel's catch in the GOA in most years from 1995 
through 2000. Additionally, this vessel was used to make at least twice 
as many landings of pollock (20) harvested from the GOA from 1996 
through 2000 than the three other vessel operations that would qualify 
under lower landings thresholds considered by the Council. The Council 
determined and NMFS agrees that this catch information clearly 
demonstrated the operator's dependence on the GOA pollock fishery. NMFS 
also agrees with the Council that vessels meeting the proposed 
threshold for Bering Sea snow crab landings would demonstrate minimal 
participation in, and dependence on, this fishery because it represents 
a very low level of harvest relative to other participants in the 
Bering Sea snow crab fishery. NMFS estimates that the average landings 
of Bering Sea snow crab per vessel from 1996 through 2000 for all 
vessels with catch history that generated Bering Sea snow crab QS 
totaled approximately 2,366,000 lbs (1,073 mt) per vessel. The 
Council's recommended threshold of a maximum harvest of 1,212,673 lbs 
(550 mt) is approximately half of this average.
    Under Action 2 the Council considered three levels of past 
participation in the pollock fishery upon which to base the sideboard 
exemption--5, 10, and 20 landings of GOA pollock from 1996 to 2000 as 
well as a Bering Sea snow crab landing volume cap of no more than 550 
mt of snow crab during the same time period. Four vessels qualified for 
an exemption under the 5 and 10 landing levels and one qualified under 
the 20 landing level. In considering the effects of exempting vessels 
on participants in the GOA pollock fishery, the Council determined that 
the exemption of one vessel and one LLP license that clearly 
demonstrated past dependence on the pollock fishery would not 
negatively affect other participants in the fishery. However, the 
Council determined, and NMFS agrees, that the exemption of four 
vessels, three of which had questionable past dependence on the 
fishery, would negatively affect other GOA pollock fishery 
participants.
    To implement Amendment 34, NMFS will revise non-AFA crab vessel 
sideboard limit ratios that are specified in the final 2011 and 2012 
harvest specifications for the GOA. For Action 1, NMFS will remove from 
the inshore component GOA Pacific cod sideboard limits the amount of 
retained catch of Pacific cod harvested in the GOA from 1996 through 
2000 by the non-AFA crab vessels that qualify for a sideboard limit 
exemption under Amendment 34. The ratio calculated after the removal of 
this catch history will be multiplied by the 2011 and 2012 GOA Pacific 
cod TACs and apportioned by area and season to determine new sideboard 
limits in metric tons. For Action 2, Amendment 34 does not modify the 
non-AFA crab vessel pollock sideboard limits from the ratios 
implemented in the final 2011 and 2012 GOA harvest specifications. The 
2011 and 2012 non-AFA crab vessel Pacific cod and pollock sideboard 
limit ratio calculations already exclude the retained catch of these 
species harvested from the GOA from 1996 through 2000 by some of the 
newly exempt non-AFA crab vessels whose owners took advantage of an 
agency administrative appeals process to challenge implementation of 
the sideboard limits on their vessels in 2006 because NMFS removed this 
catch history during the

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appeals process. Thus, the 1996 through 2000 catch history of some of 
the vessels that qualify for an exemption from GOA sideboard limits 
under Amendment 34 is not currently included in the sideboard limit 
calculations. As a result, the sideboard limit adjustments necessary to 
implement Amendment 34 are partially reflected in the 2011 and 2012 
harvest specifications.
    Table 17 and Table 18 present the final 2011 and 2012 non-AFA crab 
vessel sideboard limits for GOA groundfish harvest under Amendment 34 
based on the Council's recommended harvest specifications for these 
species.
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    The vessel owners affected by this final rule hold unique Federal 
Fisheries Permits (FFP). Federal Fisheries Permits are required on all 
vessels participating in groundfish fisheries in Federal waters in 
Alaska and NMFS designates vessel sideboard limitations, or exemptions, 
on a vessel's FFP. This final rule also affect holders of a groundfish 
LLP license derived from catch history generated by a vessel that 
qualifies for a sideboard exemption under this final rule.
    The process used by NMFS to determine which vessels and LLP 
licenses qualify for an exemption from the non-AFA crab vessel GOA 
Pacific cod and pollock sideboard limits is described as follows. 
First, a vessel must meet the catch threshold criteria described at 
Sec.  680.22(a) to qualify for an exemption from non-AFA crab vessel 
Pacific cod or pollock sideboard limits. Once a vessel is determined to 
qualify for an exemption from sideboard limits, NMFS will determine 
whether the GOA groundfish LLP license that was generated by that 
exempt vessel's catch history would also qualify for the exemption. An 
LLP license is deemed to qualify for a GOA Pacific cod or pollock 
sideboard limit exemption if the vessel with catch history that 
generated the groundfish LLP license: (1) Qualifies for an exemption 
under Sec.  680.22(a); and (2) is the only vessel that contributed GOA 
Pacific cod or pollock catch history to generate the LLP license. This 
approach prevents a groundfish LLP license that drew its catch history 
from multiple vessels from qualifying for the sideboard exemption under 
Amendment 34.
    NMFS will create an official record with all relevant information 
necessary to assign landings to specific vessels and LLP licenses. The 
official record created by NMFS will contain vessel landings data and 
the LLP licenses to which those landings would be attributed. Evidence 
of the number and amount of landings will be based only on legally 
submitted NMFS weekly production reports for catcher/processors and 
State of Alaska fish tickets for catcher vessels. Historically, NMFS 
has used only these two data sources to determine the specific amount 
and location of landings and NMFS will continue to do so under this 
final rule. The official record will include the records of the 
specific LLP licenses assigned to vessels and other relevant 
information necessary to attribute landings to specific LLP licenses.
    NMFS will presume the official record is correct and will notify 
each affected FFP and LLP license holder of the effect of Amendment 34 
on their FFP or LLP license. NMFS will mail a notification to the 
address on record for each FFP and LLP license holder at the time the 
notification is sent. The notification will indicate which non-AFA crab 
vessel sideboard category applies to the FFP or LLP license based on 
the official record: (1) CR GOA Sideboarded for all groundfish species; 
(2) CR GOA Sideboarded for all groundfish species and no GOA Pacific 
cod fishing; (3) CR GOA Sideboarded for all groundfish species except 
Pacific cod; (4) CR GOA Sideboarded for all groundfish species except 
pollock; or (5) CR GOA Sideboarded for all groundfish species except 
Pacific cod and pollock. NMFS will include information concerning any 
changes to the non-AFA crab vessel sideboard restrictions applicable to 
the FFP or LLP license in the GOA and offer a single 30-day evidentiary 
period from the date that notification is sent for an FFP or LLP 
license holder to submit any supporting information, or evidence, to 
demonstrate that the information contained in the official record is 
inconsistent with his or her records.
    An FFP or LLP license holder who submits claims that are 
inconsistent with information in the official record would have the 
burden of proving that the submitted claims are correct. NMFS will not 
accept inconsistent claims unless supported by clear written 
documentation. NMFS would evaluate additional information or evidence 
to support an FFP or LLP license holder's inconsistent claims submitted 
prior to or within the 30-day evidentiary period. If NMFS determines 
that the additional information or evidence proves that the FFP or LLP 
license holder's inconsistent claims were indeed correct, NMFS would 
act in accordance with that information or evidence. However, if after 
the 30-day evidentiary period, NMFS were to determine that the 
additional information or evidence did not show that the FFP or LLP 
license holder's inconsistent claims were correct, NMFS would deny the 
claim. NMFS would notify the applicant through an initial 
administrative determination (IAD) that the additional information or 
evidence did not meet the burden of proof to overcome the official 
record.
    NMFS's IAD would indicate the deficiencies and discrepancies in the 
information or the evidence submitted in support of the claim. NMFS's 
IAD would indicate which claims could not be approved based on the 
available information or evidence, and include information on how an 
applicant could appeal the IAD. The appeals process is described in 50 
CFR 679.43. A person who appeals an IAD would be eligible to use the 
disputed FFP or LLP license until final agency action by NMFS on the 
appeal. The non-AFA crab vessel sideboard limitation, or exemption, 
designated on an FFP or LLP license would continue to be effective 
unless modified by a successful appeal. NMFS would reissue any FFP or 
LLP licenses pending final action by NMFS as interim FFP or LLP 
licenses. Once final action has been taken, NMFS would reissue the FFP 
or LLP license as a non-interim license. Interim LLP licenses would be 
non-transferable to ensure that a person would not receive an LLP 
license by transfer and have the non-AFA crab vessel sideboard category 
changed through an appeals process that was initiated and conducted by 
the previous LLP license holder, a process that a transferee could not 
control, and which could substantially affect the value and utility of 
an LLP license.
    If a person does not dispute the notification of changes to their 
FFP or LLP license, or upon the resolution of any inconsistent claims, 
a revised non-interim FFP or LLP license with the appropriate non-AFA 
crab vessel sideboard category would be reissued to the FFP or LLP 
license holder, unless the FFP or LLP license is interim for another 
reason.

Notice of Availability and Proposed Rule

    NMFS published the notice of availability for Amendment 34 on March 
14, 2011 (76 FR 13593), with a public comment period that closed on May 
13, 2011. NMFS published the proposed rule to implement Amendment 34 on 
March 28, 2011 (76 FR 17088), and the public comment period closed on 
April 27, 2011. NMFS received two public comments during the public 
comment periods, but neither directly addressed Amendment 34 or the 
proposed rule, rather they were general comments related to the Federal 
government's management of marine resources. NMFS made no modifications 
from proposed to final rule.

Classification

    Pursuant to sections 304(b) and 305(d) of the Magnuson-Stevens Act, 
the NMFS Assistant Administrator has determined that Amendment 34 and 
this final rule are consistent with the FMP, other provisions of the 
Magnuson-Stevens Act, and other applicable law.
    This final rule has been determined to be not significant for the 
purposes of Executive Order 12866.
    A Final Regulatory Flexibility Analysis (FRFA) was prepared, as 
required by section 603 of the Regulatory Flexibility Act, which

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describes the impact this final rule would have on small entities. 
Copies of the FRFA prepared for this final rule are available from NMFS 
(see ADDRESSES). The FRFA prepared for this final rule incorporates by 
reference an extensive RIR and FRFA prepared for the CR Program that 
detailed its impacts on small entities.
    NMFS published the proposed rule to implement Amendment 34 on March 
28, 2011 (76 FR 17088), and the public comment period closed on April 
27, 2011. An IRFA was prepared and summarized in the ``Classification'' 
section of the preamble to the proposed rule. The description of this 
action, its purpose, and its legal basis are described in the preamble 
to the proposed rule and are not repeated here. NMFS received two 
letters of public comment on Amendment 34 and the proposed rule. 
Neither of these comments addressed the IRFA.
    The principal objective of this final rule is to rectify an 
economic burden that was unintentionally imposed on a small group of 
non-AFA crab vessels by implementation of the sideboard limit 
provisions of the CR Program. Action 1 and Action 2 would relieve catch 
restrictions that apply to certain non-AFA crab vessels in GOA Pacific 
cod and pollock fisheries. NMFS expects the relief from sideboard limit 
restrictions will enable these vessels to increase participation in GOA 
Pacific cod and pollock fisheries as compared to their participation 
while subject to the sideboard restrictions.
    The Council and NMFS determined that the existing sideboard limit 
restrictions do not contain exemption criteria that take into account 
all non-AFA crab vessels with demonstrated dependence on GOA Pacific 
cod and pollock fisheries. This outcome is inconsistent with the 
Council's intent in establishing the non-AFA crab vessel GOA 
sideboards, which was to enable non-AFA crab vessels with relatively 
small amounts of Bering Sea snow crab QS, but with relatively 
significant participation in GOA groundfish fisheries, to continue 
fishing in GOA groundfish fisheries without being subject to the 
sideboard limit restrictions. Compared with the existing sideboard 
limits, the actions implemented by this rule would most benefit non-AFA 
crab vessels that the Council deemed are dependent on GOA Pacific cod 
and pollock fisheries. This rule also would have a low likelihood of 
negatively impacting other participants in these GOA fisheries.
    The entities directly regulated by this action are those non-AFA 
crab vessels that target GOA Pacific cod and pollock in the EEZ of the 
GOA. Earnings from all fisheries in and off Alaska for 2007 were 
matched with the non-AFA crab vessels that participated in the GOA 
Pacific cod and pollock fisheries for that year. Of the six vessels and 
associated LLP licenses that would be directly regulated by Action 1 to 
revise the criteria for exemption from the GOA Pacific cod sideboard, 
five catcher vessels had gross earnings less than $4 million, thus 
categorizing them as small entities. The remaining vessel, a catcher/
processor, had gross earnings greater than $4 million, categorizing the 
vessel as a large entity. Of the four vessels and associated LLP 
licenses that would be directly regulated by Action 2 to establish 
criteria for exemption from the GOA pollock sideboard, all four vessels 
are estimated to be small entities. One small entity would qualify for 
exemptions from both the GOA Pacific cod and pollock sideboards under 
the final actions. All of the entities that would be directly regulated 
under this final rule would be expected to benefit from the actions 
relative to the status quo because the proposed actions would relieve 
restrictions that limit their ability to conduct directed fishing for 
GOA Pacific cod and pollock. This final rule would not be expected to 
have adverse impacts on any of the directly regulated small entities.
    This final rule would not change existing reporting, recordkeeping, 
and other compliance requirements. The analysis revealed no Federal 
rules that would conflict with, overlap, or be duplicated by the 
alternatives under consideration.
    This final rule does not contain a collection-of-information 
requirement subject to the Paperwork Reduction Act.

Small Entity Compliance Guide

    NMFS has posted a small entity compliance guide on the NMFS Alaska 
Region Web site (http://www.fakr.noaa.gov/sustainablefisheries/crab/rat/progfaq.htm) to satisfy the Small Business Regulatory Enforcement 
Fairness Act of 1996, which requires a plain language guide to assist 
small entities in complying with this rule. Contact NMFS to request a 
hard copy of the guide (see ADDRESSES).

List of Subjects in 50 CFR Part 680

    Alaska, Fisheries, Reporting and recordkeeping requirements.

    Dated: June 15, 2011.
John Oliver,
Deputy Assistant Administrator for Operations, National Marine 
Fisheries Service.

    For the reasons set out in the preamble, 50 CFR part 680 is amended 
as follows:

PART 680--SHELLFISH FISHERIES OF THE EXCLUSIVE ECONOMIC ZONE OFF 
ALASKA

0
1. The authority citation for 50 CFR part 680 continues to read as 
follows:

    Authority: 16 U.S.C. 1862; Pub. L. 109-241; Pub. L. 109-479.


0
2. In Sec.  680.22:
0
a. Revise paragraph (a)(3);
0
b. Add paragraph (a)(4);
0
c. Revise the introductory text of paragraph (d);
0
d. Redesignate paragraph (d)(2) as (d)(3), and revise newly 
redesignated paragraph (d)(3); and
0
e. Add a new paragraph (d)(2).
    The revisions and additions read as follows:


Sec.  680.22   Sideboard protections for GOA groundfish fisheries.

* * * * *
    (a) * * *
    (3) Vessels and LLP licenses exempt from Pacific cod sideboard 
closures in the GOA. Any vessel or LLP license that NMFS has determined 
meets either of the following criteria is exempt from sideboard 
directed fishing closures for Pacific cod in the GOA:
    (i) Any vessel subject to GOA groundfish closures under paragraph 
(a)(1)(i) of this section that landed less than 750,000 lb (340.2 mt), 
in raw weight equivalents, of Bering Sea snow crab and more than 680 mt 
(1,499,143 lb), in round weight equivalents, of Pacific cod harvested 
from the GOA between January 1, 1996, and December 31, 2000; and
    (ii) Any LLP license that:
    (A) Was initially issued based on the catch history of a vessel 
meeting the criteria in paragraph (a)(3)(i) of this section; and
    (B) Did not generate crab QS based on legal landings from any 
vessel other than the vessel meeting the criteria in paragraph 
(a)(3)(i) of this section.
    (4) Vessels and LLP licenses exempt from pollock sideboard closures 
in the GOA. Any vessel or LLP license that NMFS has determined meets 
either of the following criteria is exempt from sideboard directed 
fishing closures for pollock in the GOA:
    (i) Any vessel subject to GOA groundfish closures under paragraph

[[Page 35781]]

(a)(1)(i) of this section that landed less than 1,212,673 lb (550 mt), 
in raw weight equivalents, of Bering Sea snow crab, and had 20 or more 
legal landings of pollock harvested from the GOA between January 1, 
1996, and December 31, 2000; and
    (ii) Any LLP license that:
    (A) Was initially issued based on the catch history of a vessel 
meeting the criteria in paragraph (a)(4)(i) of this section; and
    (B) Did not generate crab QS based on legal landings from any 
vessel other than the vessel meeting the criteria in paragraph 
(a)(4)(i) of this section.
* * * * *
    (d) Determination of GOA groundfish sideboard ratios. Except for 
fixed-gear sablefish, sideboard ratios for each GOA groundfish species, 
species group, season, and area for which annual specifications are 
made are established according to the following formulas:
* * * * *
    (2) Pollock. The sideboard ratios for pollock are calculated by 
dividing the aggregate retained catch of pollock by vessels that are 
subject to sideboard directed fishing closures under paragraph (a)(1) 
of this section and that do not meet the criteria in paragraph (a)(4) 
of this section by the total retained catch of pollock by all 
groundfish vessels between 1996 and 2000.
    (3) Groundfish other than Pacific cod and pollock. The sideboard 
ratios for groundfish species and species groups other than Pacific cod 
and pollock are calculated by dividing the aggregate landed catch by 
vessels subject to sideboard directed fishing closures under paragraph 
(a)(1) of this section by the total landed catch of that species by all 
groundfish vessels between 1996 and 2000.
* * * * *
[FR Doc. 2011-15284 Filed 6-17-11; 8:45 am]
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