[Federal Register Volume 78, Number 189 (Monday, September 30, 2013)]
[Proposed Rules]
[Pages 59908-59910]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-23770]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 679
RIN 0648-BC73
Fisheries of the Exclusive Economic Zone Off Alaska; Bering Sea
and Aleutian Islands Management Area; Amendment 99
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Notice of availability of fishery management plan amendment;
request for comments.
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SUMMARY: The North Pacific Fishery Management Council submitted
Amendment 99 to the Fishery Management Plan for Groundfish of the
Bering Sea and Aleutian Islands Management Area (BSAI FMP) to NMFS for
review. If approved, Amendment 99 would enable the holders of license
limitation program (LLP) licenses authorizing a designated vessel to
catch and process Pacific cod in the BSAI hook-and-line fisheries to
use newly built or existing vessels that are not eligible under current
vessel length and capacity restrictions. This action is necessary to
promote safety-at-sea by encouraging the replacement of older vessels
with newer and more efficient vessels that are able to meet modern
vessel safety standards. This action is intended to facilitate the
increased retention and utilization of groundfish by allowing sector
participants to use larger vessels with increased processing and hold
capabilities. This action is intended to promote the goals and
objectives of the FMP, the Magnuson-Stevens Fishery Conservation and
Management Act (Magnuson-Stevens Act), and other applicable laws.
DATES: Comments on the amendment must be received on or before November
29, 2013.
ADDRESSES: You may submit comments, identified by NOAA-NMFS-2012-0220,
by any of the following methods:
Electronic Submissions: Submit all electronic public
comments via the Federal eRulemaking Portal. Go to www.regulations.gov/#!docketDetail;D=NOAA-NMFS-2012-0220, click the ``Comment Now!'' icon,
complete the required fields, and enter or attach your comments
Mail: Address written comments to Glenn Merrill, Assistant
Regional Administrator, Sustainable Fisheries Division, Alaska Region
NMFS, Attn: Ellen Sebastian. Mail comments to P.O. Box 21668, Juneau,
AK 99802-1668.
Fax: Address written comments to Glenn Merrill, Assistant
Regional Administrator, Sustainable Fisheries Division, Alaska Region
NMFS, Attn: Ellen Sebastian. Fax comments to 907-586-7557.
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
www.regulations.gov 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). Attachments to electronic comments will be accepted in
Microsoft Word, Excel, or Adobe PDF file formats only.
Electronic copies of the Regulatory Impact Review (RIR) and the
Categorical Exclusion prepared for this proposed action may be obtained
from http://www.regulations.gov or from the NMFS Alaska Region Web site
at http://alaskafisheries.noaa.gov.
Written comments regarding the burden-hour estimates or other
aspects of the collection-of-information requirements contained in this
proposed rule may be submitted to NMFS Alaska Region and by email to
[email protected] or fax to (202) 395-7285.
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 99 to the FMP is
available for public review and comment.
NMFS manages the U.S. groundfish fisheries of the Exclusive
Economic Zone (EEZ) off Alaska under the Fishery Management Plan for
Groundfish of the Gulf of Alaska (GOA FMP) and the BSAI FMP. The North
Pacific Fishery Management Council (Council) prepared the GOA FMP and
BSAI FMP pursuant to the Magnuson-Stevens Act and other applicable
laws.
Amendment 99 would make three substantive changes to the FMP to:
(1) Increase the maximum length overall (MLOA) to 220 feet (67 m) on
LLP licenses authorizing vessels to catch and process Pacific cod with
hook-and-line gear in the BSAI; (2) allow holders of LLP licenses
authorized to catch and process Pacific cod with hook-and-line and pot
gear in the BSAI to increase the MLOA on the LLP license to 220 feet
(67 m) only if the pot gear endorsement is surrendered within a
specific time frame; and (3) allow vessels that catch and process
Pacific cod with hook-and-line in the BSAI to exceed length, tonnage,
and power limits established under the American Fisheries Act (AFA).
The LLP and BSAI Longline Catcher Processor Subsector
Under the LLP, which was implemented by NMFS on January 1, 2000 (63
FR 52642, October 1, 1998), an LLP license is required for all vessels
directed fishing for groundfish in the BSAI and GOA, with limited
exemptions for smaller vessels and vessels using a limited amount of
jig gear. Directed fishing is defined in regulations at Sec. 679.2.
For a vessel designated on an LLP license, the LLP license authorizes
the type of fishing gear that may be used by the vessel, the maximum
size of the vessel, and whether the vessel may catch and process fish
at sea or if it is limited to delivering catch without at-sea
processing. LLP licenses specify the MLOA of the vessel to which that
LLP license may be assigned. Participants in LLP groundfish fisheries
are prohibited from using a vessel to fish for LLP
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groundfish that has a length overall (LOA) that is greater than the
MLOA specified on the LLP license.
The LLP also includes a species endorsement for Pacific cod in the
BSAI (67 FR 18129, April 15, 2002) and GOA (76 FR 15826, March 22,
2011). A vessel subject to the LLP requirements can directed fish for
Pacific cod in the BSAI or GOA only if the vessel is designated on an
LLP license that has this specific endorsement. The LLP Pacific cod
endorsement requirement has, in effect, limited the number of vessels
that are eligible to fish for Pacific cod in the BSAI and GOA. For
example, under existing LLP regulations, the vessels currently used to
directed fish for Pacific cod in the BSAI using hook-and-line gear and
process that catch at sea must be assigned an LLP license with a BSAI
Pacific cod hook-and-line C/P endorsement. Public Law 108-447, 118
Stat. 2887, Dec. 8, 2004, at section 219(a)(6), defines the term
``longline catcher processor subsector'' as ``the holders of an LLP
license that is noninterim and transferable, or that is interim and
subsequently becomes noninterim and transferable, and that is endorsed
for Bering Sea or Aleutian Islands catcher processor fishing activity,
C/P, Pcod [Pacific cod], hook and line gear.'' There are 36 LLP
licenses that meet the eligibility criteria for the BSAI longline C/P
subsector as defined in section 219(a)(6).
The vessels used in the BSAI longline C/P subsector fisheries range
in length from 107 feet (32.6 m) to 180 feet (54.8 m) length overall
(LOA). The average age of the vessels in this fleet is approximately 40
years, and 30 percent were built before 1946. Production capacity and
efficiency for BSAI longline C/P subsector vessels are directly related
to vessel length and overall vessel design. For example, larger vessels
in the fleet can accommodate larger freezer holds that allow vessels to
stay at sea for longer periods. Larger C/Ps also can facilitate
increased retention and utilization of target species by enabling
vessel owners to use additional processing lines for ancillary
products.
Vessels eligible to participate in the BSAI longline C/P subsector
primarily target Pacific cod in the BSAI, but many also participate in
Greenland turbot and sablefish fisheries in the BSAI, as well as
Pacific cod fisheries in the GOA. In addition, vessels using longline
gear retain incidentally caught species such as skates, rockfish,
arrowtooth flounder, and pollock.
Three of the 36 LLP licenses that authorize participation in the
BSAI longline C/P subsector also authorize participation in the BSAI
Pacific cod fisheries with a C/P using pot gear; of these three
licenses, only one is also endorsed to authorize participation in the
Western GOA Pacific cod fishery with a C/P using pot gear. Vessels
named on these three LLP licenses may elect to participate in either
the longline or pot C/P sector in the BSAI Pacific cod fishery, or the
vessel may participate in both sectors.
The Council and NMFS annually establish total allowable catch (TAC)
limits for Pacific cod and other groundfish targeted by C/Ps using
hook-and-line gear in the BSAI and the GOA. In 2007, Amendment 85 to
the BSAI FMP modified the allocations of the annual BSAI Pacific cod
TAC among various harvest sectors as seasonal apportionments (72 FR
50788, September 4, 2007). The BSAI longline C/P subsector receives an
allocation of the annual Pacific cod TAC. Amendment 85 also limited the
amount of halibut to be used as prohibited species catch (PSC) in the
Pacific cod fishery. Halibut is incidentally caught by vessels using
hook-and-line gear. The halibut PSC limit ensures that total incidental
mortality of halibut does not exceed a specified limit while at the
same time allowing participants to conduct their target fisheries. Once
this halibut PSC limit is reached, NMFS closes directed fishing for
groundfish that take halibut. This halibut PSC limit constrains the
BSAI longline C/P subsector in the Pacific cod and other groundfish
fisheries.
Amendment 83 to the GOA FMP established specific allocations of
Pacific cod in the GOA similar to those in the BSAI (76 FR 74670,
December 1, 2011). Under Amendment 83, the hook-and-line C/P sector
receives an allocation of the annual Pacific cod TAC in the Western and
Central GOA. The hook-and-line C/P sector is also allocated a limited
amount of halibut for use as PSC in the Western and Central GOA Pacific
cod fisheries.
In addition to the constraints on Pacific cod allocations and
halibut PSC limits implemented under regulations for Amendment 85 to
the BSAI FMP and Amendment 83 to the GOA FMP, the BSAI longline C/P
subsector has developed private contractual arrangements to limit
Pacific cod and halibut PSC use in the BSAI, effectively establishing a
de facto limited access program. Congress' definition of the BSAI
longline C/P subsector and the allocation of BSAI Pacific cod and
halibut PSC specifically to the BSAI longline C/P subsector encouraged
holders of eligible LLP licenses to form a voluntary cooperative and
divide the Pacific cod and halibut PSC allocations among its members.
Cooperatives allow multiple quota recipients to aggregate their annual
quota amounts, coordinate their collective fishing operations, and
benefit from the resulting efficiencies.
Amendment 99 to the FMP
The Council and NMFS recognize that the existing regulatory and
statutory vessel capacity restrictions provide a disincentive for
owners to rebuild or replace their vessels with larger, more efficient
and safer vessels. The Council recommended Amendment 99 in October
2012. Amendment 99 is intended to promote the sustainable harvest of
groundfish, especially Pacific cod in the BSAI and GOA, by removing
disincentives for owners of vessels to rebuild or replace their vessels
with larger vessels. To the extent that the vessel owners exercise the
vessel replacement opportunity provided in this proposed action, it
would promote efficient utilization of the Pacific cod resource in the
BSAI and GOA. The proposed action would also promote safety-at-sea by
allowing vessel owners to replace existing vessels with newer vessels
that can accommodate improved safety features and minimize the risks
faced by crew members.
Amendment 99 would increase the MLOA to 220 feet (67 m) on LLP
licenses authorizing vessels to catch and process Pacific cod with
hook-and-line gear in the BSAI for all LLP licenses not also endorsed
for pot gear. The Council determined that establishing a uniform 220-
foot (67 m) MLOA for all eligible LLP licenses would encourage LLP
license holders in the BSAI longline C/P subsector to replace aging
vessels with newer, safer, and more efficient vessels. The Council
considered several size limits, including no size limit, and other
variable rate and fixed-length increases to vessel size prior to
recommending Amendment 99. The Council received public testimony that a
220-foot (67 m) MLOA would provide adequate incentives to meet the
Council's objectives for this action and would likely allow vessel
owners to replace vessels with new vessels that could accommodate
improved efficiency and safety design. This testimony is supported by
the RIR prepared for this action, which describes that processing
capacity constraints likely limit the size of vessels used in the BSAI
longline C/P subsector to 220 feet (67 m) or less.
Amendment 99 would allow LLP license holders holding a license
authorized to catch and process Pacific cod with hook-and-line and pot
gear in the BSAI to increase the MLOA on the
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LLP license to 220 feet (67 m) only if any Pacific cod pot gear
endorsements are surrendered within a specific time frame. In
recommending Amendment 99, the Council recognized that allowing holders
of LLP licenses with Pacific cod pot gear C/P endorsements to designate
larger vessels on those LLP licenses could increase vessel capacity in
the pot gear C/P fisheries and allow these participants to harvest a
greater proportion of the GOA Pacific cod sector allocation relative to
their historical catch. This increased capacity could negatively impact
historical participants in the Pacific cod pot fisheries. Under
proposed Amendment 99, holders of the BSAI longline C/P subsector LLP
licenses with Pacific cod pot gear C/P endorsements for the BSAI, GOA,
or both could either surrender the Pacific cod pot gear C/P
endorsements and a be assigned a 220-foot (67 m) MLOA on the LLP
license or retain the Pacific cod pot gear C/P endorsements and the
current MLOA on the LLP license would continue to apply. LLP license
holders would have 36 months after the effective date of a final rule
to implement Amendment 99, if approved, to surrender all Pacific cod
pot gear endorsements by requesting that NMFS permanently remove and
extinguish all Pacific cod pot gear C/P endorsements specified on the
LLP license. If the LLP holder submits a timely written request to
remove and extinguish all Pacific cod pot gear C/P endorsements
specified on the LLP license, NMFS will assign a 220-foot (67 m) MLOA
on that license. If an LLP holder does not notify NMFS of their
election to surrender the Pacific cod pot gear C/P endorsement within
the 36-month time frame, the current MLOA and Pacific cod hook-and-line
and pot gear C/P endorsements would be retained on the LLP license.
Amendment 99, if approved, is also intended to demonstrate to the
United States Maritime Administration (MARAD) that the Council
recommended and NMFS approved conservation and management measures
allowing vessels that exceed the limits set forth in 46 U.S.C. 12113 to
participate in certain North Pacific fisheries under the Council's
jurisdiction and therefore are eligible to receive a certificate of
documentation. If the Secretary approves Amendment 99 and issues a
final rule to implement Amendment 99, NMFS will notify MARAD that any
vessel named on an LLP license endorsed for participation in the BSAI
longline C/P subsector, which is greater than 165 feet in registered
length, of more than 750 gross registered tons, or that has an engine
or engines capable of producing a total of more than 3,000 shaft
horsepower, is authorized for use in the EEZ under the jurisdiction of
the Council, and is eligible to receive a certificate of documentation
consistent with 46 U.S.C. 12113(d) and MARAD regulations at 46 CFR
356.47.
NMFS does not expect Amendment 99 to increase the fishing
operations of C/Ps using hook-and-line gear in the BSAI or GOA.
Management constraints such as Pacific cod species endorsements on LLP
licenses, sector allocations for Pacific cod in the BSAI and GOA, and
halibut PSC limits in the BSAI and GOA limit the ability of vessels on
which these LLP licenses are used to expand their overall fishing
operations in groundfish fisheries. These management measures in the
BSAI and GOA provide an overall limit to the Pacific cod catch by
vessels in this subsector, thereby limiting the potential for the BSAI
longline C/P subsector to compete with other fishery participants.
This action would not change how groundfish stocks are assessed or
modify the harvest specifications process currently used to establish
harvest limits and PSC limits. Instead, Amendment 99 would promote the
achievement of optimum yield by providing the BSAI longline C/P
subsector with the ability to increase retention and utilization of
harvested fish by replacing their aging vessels with newer vessels that
are capable of incorporating additional processing lines and processing
equipment, which are designed to increase overall daily throughput and
retention rates.
Public comments are solicited on proposed Amendment 99 to the 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 99, 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 99 to be considered in the approval/disapproval decision on
Amendment 99. All comments received by the end of the comment period on
Amendment 99, whether specifically directed to the 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 last day of the comment period.
Authority: 16 U.S.C. 1801 et seq.
Dated: September 25, 2013.
Kelly Denit,
Acting Deputy Director, Office of Sustainable Fisheries, National
Marine Fisheries Service.
[FR Doc. 2013-23770 Filed 9-27-13; 8:45 am]
BILLING CODE 3510-22-P