[Federal Register Volume 76, Number 124 (Tuesday, June 28, 2011)]
[Proposed Rules]
[Pages 37763-37765]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-16163]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

RIN 0648-AY53


Fisheries of the Exclusive Economic Zone Off Alaska; Pacific Cod 
Allocations in the Gulf of Alaska; Amendment 83

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

ACTION: Notification of availability of fishery management plan 
amendment; request for comments.

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SUMMARY: The North Pacific Fishery Management Council submitted 
Amendment 83 to the Fishery Management Plan for Groundfish of the Gulf 
of Alaska (FMP) to NMFS for review. If approved, Amendment 83 would 
establish Pacific cod allocations in the Central and Western Gulf of 
Alaska regulatory areas among various sectors and seasonal 
apportionments thereof. This action also would limit access to the 
Pacific cod parallel fishery for Federal fishery participants. This 
action is necessary to reduce the uncertainty regarding the 
distribution of Pacific cod catch, enhance stability among the sectors, 
maintain processing limits to protect coastal fishing communities, and 
provide entry-level opportunities for the jig sector. This action is 
intended to promote the goals and objectives of the Magnuson-Stevens 
Fishery Conservation and Management Act, the FMP, and other applicable 
laws.

DATES: Comments on the amendment must be received on or before August 
29, 2011.

ADDRESSES: Send comments to Sally Bibb, Acting Assistant Regional 
Administrator, Sustainable Fisheries Division, Alaska Region, NMFS, 
Attn: Ellen Sebastian. You may submit comments, identified by ``RIN 
0648-AY53,'' by any one of the following methods:
     Electronic Submissions: Submit all electronic public 
comments via the Federal eRulemaking Portal http://www.regulations.gov.
     Fax: (907) 586-7557, Attn: Ellen Sebastian.
     Mail: P.O. Box 21668, Juneau, AK 99802.
     Hand delivery to the Federal Building: 709 West 9th 
Street, Room 420A, Juneau, AK.
    All comments received are a part of the public record. Comments 
will generally be posted without change. All Personal Identifying 
Information (for example, name, address) voluntarily submitted by the 
commenter may be publicly accessible. Do not submit Confidential 
Business Information or otherwise sensitive or protected information.
    NMFS will accept anonymous comments (enter N/A in the required 
fields, if you wish to remain anonymous). You may submit attachments to 
electronic comments in Microsoft Word, Excel, WordPerfect, or Adobe PDF 
file formats only.
    Electronic copies of the Environmental Assessment/Regulatory Impact 
Review/Initial Regulatory Flexibility Analysis (EA/RIR/IRFA) prepared 
for this action may be obtained from http://www.regulations.gov or from 
the Alaska Region Web site at http://alaskafisheries.noaa.gov.

FOR FURTHER INFORMATION CONTACT: Seanbob Kelly, 907-586-7228.

SUPPLEMENTARY INFORMATION: The Magnuson-Stevens Fishery Conservation 
and Management Act (Magnuson-Stevens Act) requires that each regional 
fishery management council submit any fishery management plan amendment 
it prepares to NMFS for review and approval, disapproval, or partial 
approval by the Secretary of Commerce (Secretary). The Magnuson-Stevens 
Act also requires that NMFS, upon receiving a fishery management plan 
amendment, immediately publish a notice in the Federal Register 
announcing that the amendment is available for public review and 
comment. This notice announces that proposed Amendment 83 to the 
Fishery Management Plan for Groundfish of the Gulf of Alaska (FMP) is 
available for public review and comment.
    The groundfish fisheries in the exclusive economic zone of the Gulf 
of Alaska are managed under the FMP. The FMP was prepared by the North 
Pacific Fishery Management Council (Council) under the Magnuson-Stevens 
Act.
    Pacific cod total allowable catch (TAC) in the Gulf of Alaska is 
apportioned on the basis of processor component and season, as 
established under Amendment 23 to the FMP (57 FR 23321, June 3, 1992). 
Since implementation, 90 percent of the TAC is allocated to vessels 
catching Pacific cod for processing by the inshore

[[Page 37764]]

component and 10 percent of the TAC is allocated to vessels catching 
Pacific cod for processing by the offshore component. TACs are further 
apportioned for Pacific cod in the Western, Central, and Eastern GOA 
regulatory areas. In recent years, competition among participants in 
the Western and Central GOA Pacific cod fisheries has intensified in 
recent years due in part to a derby-style race for fish and competition 
among the various gear types for shares of the TACs. Without sector 
allocations, future harvests by some sectors may increase and impinge 
on historical levels of catch by other sectors.
    The proposed action would supersede the current 90 percent/10 
percent inshore/offshore processing allocations and instead divide the 
Western and Central GOA Pacific cod TACs among the various gear and 
operation types. If approved, this action would establish sector 
allocations for each gear and operation type in the Western and Central 
GOA Pacific cod fishery, based primarily on historical catches, as well 
as conservation, catch monitoring, bycatch, PSC avoidance, and social 
objectives, including considerations for small-boat sectors and coastal 
communities. This action is expected to enhance stability in the 
fishery, reduce competition among sectors, and preserve the historical 
division of catch among sectors.
    The Eastern GOA regulatory area would retain the current 90 
percent/10 percent inshore/offshore processing allocations. In recent 
years, only a small proportion of the Eastern GOA TAC has been 
harvested, although effort and catch has increased in recent years. The 
potential exists that the lack of any sector allocations in the Eastern 
GOA would provide an incentive for increased effort in that fishery. 
However, the Council did not perceive a need for such an action due, in 
part, to the differences in the prosecution of the Pacific cod 
fisheries in the Eastern regulatory area, such as the extensive trawl 
closures effectively prohibiting trawl fishing in the Southeast Outside 
district of the Eastern regulatory area. As a result, the Council 
recommended that the Eastern GOA Pacific cod TAC would not be allocated 
among sectors in this action.
    Two elements of Amendment 83 would apply to the entire GOA, 
including the Western, Central, and Eastern GOA regulatory areas. 
First, the hook-and-line CV and C/P halibut PSC limits would apply to 
the entire GOA, described in more detail below. Second, NMFS is 
proposing new Federal Fishing Permits (FFPs) permitting requirements 
that would restrict the reissue of, or amendments to, FFPs by permit 
holders endorsed by gear and operation type to participate in all 
Federal or parallel Pacific cod fisheries throughout the Western, 
Central, and Eastern GOA, as described in more detail below.
    This proposed action would define sectors based operation type and 
gear type, including hook-and-line, trawl, pot, and jig. In both the 
Western and Central GOA, the pot catcher vessel (CV) sector and pot 
catcher/processor (C/P) sector would be combined. The rationale for 
combining these sectors is that the pot C/P sector has historically 
been relatively small and would receive a small, difficult-to-manage 
allocation. Moreover, the majority of vessels that have participated as 
pot C/Ps in the GOA Pacific cod fishery in recent years also have 
fishing history as pot CVs, and will contribute catch history to both 
the pot C/P and CV allocations. In the Central GOA, the hook-and-line 
CV sector was further split by vessel length less than 50 ft (15.2 m) 
length overall (LOA). Historically, the majority of catch by hook-and-
line CVs has been made by vessels less than 50 ft (15.2 m) LOA (<50 ft 
LOA), but in recent years, there has been a substantial increase in 
effort by hook-and-line CVs that are greater than 50 ft (15.2 m) LOA. 
Dividing this sector at 50 ft (15.2 m) LOA protects smaller boats from 
an influx of effort by vessels greater than 50 ft (15.2 m) LOA. 
However, it also means that vessels greater than 50 ft (15.2 m) LOA 
that are long-time participants in the fishery will share an allocation 
with these new entrants. This action would expand opportunities for jig 
vessels, by providing an initial allocation that is above the sector's 
historical catch in the fishery, and the opportunity for incremental 
increases to the jig allocation, if it is fully harvested. Any 
increases in the jig allocation would result in proportional reductions 
to the allocations to the other sectors.
    This proposed action would not preclude operators from 
participating in the Western or Central GOA Pacific cod fishery using 
more than one gear type during a given season or year. For example, an 
operator could use both trawl and pot gear in the Western or Central 
GOA Pacific cod fishery during a given season or year, as long as they 
have the required License Limitation Program (LLP) license 
endorsements. However, the action does preclude operators from fishing 
off both the C/P and CV allocations to hook-and-line and trawl gear. 
The rationale for this restriction is that C/P operators could fish off 
the hook-and-line C/P or trawl C/P allocation until it is fully 
harvested, and then could opportunistically continue to fish as CVs, if 
the hook-and-line or trawl CV allocation has not yet been fully 
harvested. The purpose of establishing separate C/P and CV allocations 
is to shield CVs and C/Ps from competing against each other for access 
to the Pacific cod TAC. Allowing C/Ps to fish off both the C/P and CV 
allocations for their respective gear type would not meet this intent.
    Allocations were calculated by taking each sector's `best option' 
from four options in the Western GOA and 6 options in the Central GOA 
for calculating catch history, and then scaling allocations so that 
they sum to 100 percent. In the Western GOA, the four options for 
calculating catch history included the 1995 through 2005 time period. 
This time period includes 6 years of catch history prior to 
implementation of the Steller sea lion (SSL) protection measures in 
2001 (66 FR 7276, January 22, 2001). In the Western GOA, the SSL 
protection measures resulted in a dramatic shift of catch from trawl 
gear to pot gear, and including this earlier time period accounts for 
the catch history of the trawl sector prior to this shift. The options 
in the Central GOA do not include the 1995 through 2000 time period and 
were based on participation from 2000 through 2008. While there was a 
reduction in trawl catch concurrent with implementation of the SSL 
protection measures in the Central GOA, the shift was less dramatic 
than in the Western GOA because, historically, less of the trawl catch 
occurred in the Central GOA A season.
    This proposed action is intended to protect historical processing 
and community delivery patterns, established in the GOA groundfish 
fisheries. NMFS would establish a mothership processing cap at 2 
percent of the Western GOA Pacific cod TAC, and prohibit mothership 
activity in the Central GOA. In the Central GOA, no mothership has 
processed groundfish since 2000. In the Western GOA, there has been 
limited mothership activity. In addition, NMFS would establish separate 
processing caps for floating processors that do not harvest groundfish 
or act as a stationary floating processor in a given year. Eligible 
vessels would be allowed to process up to 3 percent of the respective 
Western and Central GOA TACs, provided that they operate within the 
municipal boundaries of Community Quota Entity (CQE) communities. 
Although the proposed action provides additional mothership processing 
opportunities, NMFS would tie this activity to Western and Central GOA 
CQE communities,

[[Page 37765]]

thus providing economic benefits to these coastal communities from any 
increase in mothership processing activity (e.g., local tax revenues).
    If approved, this action would preclude Federally-permitted vessels 
that do not have LLP licenses from participating in the Western or 
Central GOA Pacific cod parallel fishery. If Western or Central GOA 
Pacific cod sector allocations are established, parallel waters 
activity by Federally-permitted vessel operators who do not hold LLPs 
could erode the catches of historical participants who contributed 
catch history to the sector allocations and depend on the Western or 
Central GOA Pacific cod resource. Vessels fishing in Federal waters are 
required to hold an LLP license with the appropriate area, gear, and 
species endorsements, but vessels fishing in parallel State waters are 
not required to hold an LLP license. This action would be necessary to 
prevent vessels without LLPs from fishing within State waters for 
Federal TAC allocations of Pacific cod.
    The EA/RIR/IRFA prepared for this action contains a complete 
description of the alternatives and a comparative analysis of the 
potential impacts of the alternatives (see ADDRESSES for availability). 
All of the directly regulated entities would be expected to benefit 
from this action relative to the status quo because the proposed 
amendment would stabilize the distribution of catch of the GOA Pacific 
cod TACs among the harvest sectors. The action also has the potential 
to benefit LLP license holders by precluding Federally-permitted 
vessels that do not have LLP licenses from participating in the GOA 
Pacific cod parallel fishery and eroding the catches of historical 
participants.
    Similarly, vessel owners that fish for Pacific cod in the Federal 
waters have surrendered their FFP before fishing in State waters to 
avoid NMFS observer, VMS, and recordkeeping and reporting requirements, 
only to have the FFPs reissued for the opening of the Federal waters 
fishery. To prevent operators from circumventing these requirements, 
this action would limit vessel operators throughout the GOA to one FFP 
reactivation during the 3-year term of the permit.
    The EA/RIR/IRFA also analyzed revisions to related provisions 
governing inseason reallocations of unused Pacific cod allocations, 
seasonal apportionments, and prohibited species bycatch allowances.
    Public comments are being solicited on proposed Amendment 83 to the 
GOA FMP through the end of the comment period (see DATES). NMFS intends 
to publish in the Federal Register and seek public comment on a 
proposed rule that would implement Amendment 83, following NMFS' 
evaluation of the proposed rule under the Magnuson-Stevens Act. Public 
comments on the proposed rule must be received by the end of the 
comment period on Amendment 83 to be considered in the approval/
disapproval decision on Amendment 83. All comments received by the end 
of the comment period on Amendment 83, whether specifically directed to 
the GOA FMP amendment or the proposed rule, will be considered in the 
FMP amendment approval/disapproval decision. Comments received after 
that date will not be considered in the approval/disapproval decision 
on the amendment. To be considered, comments must be received, not just 
postmarked or otherwise transmitted, by the close of business on the 
last day of the comment period.

    Authority: 16 U.S.C. 1801 et seq.

    Dated: June 23, 2011.
Margo Schulze-Haugen,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2011-16163 Filed 6-27-11; 8:45 am]
BILLING CODE 3510-22-P