[Federal Register Volume 83, Number 109 (Wednesday, June 6, 2018)]
[Proposed Rules]
[Pages 26237-26251]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-12034]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[Docket No. 170630613-8489-01]
RIN 0648-BH02


Fisheries of the Exclusive Economic Zone Off Alaska; Yellowfin 
Sole Management in the Groundfish Fisheries of the Bering Sea and 
Aleutian Islands

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

ACTION: Proposed rule; request for comments.

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SUMMARY: NMFS proposes regulations to implement Amendment 116 to the 
Fishery Management Plan for Groundfish of the Bering Sea and Aleutian 
Islands Management Area (BSAI FMP). If approved, Amendment 116 would 
limit access to the Bering Sea and Aleutian Islands (BSAI) Trawl 
Limited Access Sector (TLAS) yellowfin sole directed fishery by vessels 
that deliver their catch of yellowfin sole to motherships for 
processing. This proposed rule would establish eligibility criteria 
based on historical participation in the BSAI TLAS yellowfin sole 
directed fishery, issue an endorsement to those groundfish License 
Limitation Program (LLP) licenses that meet the eligibility criteria, 
and authorize delivery of BSAI TLAS yellowfin sole to motherships by 
only those vessels designated on a groundfish LLP license that is 
endorsed for the BSAI TLAS yellowfin sole directed fishery.
    This proposed action is necessary to prevent increased catcher 
vessel participation from reducing the benefits the fishery provides to 
historic and recent participants, mitigate the risk that a ``race for 
fish'' could develop, and help to maintain the consistently low rates 
of halibut bycatch in the BSAI TLAS yellowfin sole directed fishery. 
This proposed rule is intended to promote the goals and objectives of 
the Magnuson-Stevens Fishery Conservation and Management Act, Amendment 
116, the BSAI FMP, and other applicable laws.

DATES: Submit comments on or before July 6, 2018.

ADDRESSES: You may submit comments on this document, identified by FDMS 
Docket Number NOAA-NMFS-2017-0083, by any of the following methods:

[[Page 26238]]

     Electronic Submission: Submit all electronic public 
comments via the Federal e-Rulemaking Portal. Go to 
www.regulations.gov/#!docketDetail;D=NOAA-NMFS-2017-0083, click the 
``Comment Now!'' icon, complete the required fields, and enter or 
attach your comments.
     Mail: Submit 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.
    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), 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 Amendment 116 and the draft Environmental 
Assessment/Regulatory Impact Review prepared for this action 
(collectively the ``Analysis'') may be obtained from 
www.regulations.gov. Electronic copies of Amendments 80 and 39 to the 
BSAI FMP, and the Environmental Assessments/Regulatory Impact Reviews 
prepared for those actions also may be obtained from 
www.regulations.gov.
    Written comments regarding the burden-hour estimates or other 
aspects of the collection-of-information requirements contained in this 
rule may be submitted by mail to NMFS at the above address; and by 
email to [email protected] or by fax to (202)-395-5806.

FOR FURTHER INFORMATION CONTACT: Bridget Mansfield, 907-586-7228 or 
[email protected].

SUPPLEMENTARY INFORMATION:

Authority for Action

    NMFS manages the groundfish fisheries in the exclusive economic 
zone of the BSAI under the BSAI FMP. The North Pacific Fishery 
Management Council (Council) prepared the BSAI FMP under the authority 
of the Magnuson-Stevens Fishery Conservation and Management Act 
(Magnuson-Stevens Act), 16 U.S.C. 1801 et seq. Regulations governing 
U.S. fisheries and implementing the BSAI FMP appear at 50 CFR parts 600 
and 679.
    This proposed rule would implement Amendment 116 to the BSAI FMP. 
The Council submitted Amendment 116 for review by the Secretary of 
Commerce (Secretary), and a Notice of Availability (NOA) of Amendment 
116 was published in the Federal Register on May 18, 2018, with 
comments invited through July 17, 2018. 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. Comments submitted on this proposed rule may address 
Amendment 116 or this proposed rule. However, all comments addressing 
Amendment 116 must be received by July 17, 2018, to be considered in 
the approval/disapproval decision on Amendment 116. Commenters do not 
need to submit the same comments on both the NOA and this proposed 
rule. All relevant written comments received by July 17, 2018, whether 
specifically directed to the FMP amendment, this proposed rule, or 
both, will be considered by NMFS in the approval/disapproval decision 
for Amendment 116 and addressed in the response to comments in the 
final rule.

Background

    In June 2017, the Council adopted Amendment 116. If approved by the 
Secretary, Amendment 116 would require that a vessel be designated on a 
groundfish LLP license with a BSAI TLAS yellowfin sole directed fishery 
endorsement for that vessel to be used to harvest yellowfin sole in the 
BSAI TLAS yellowfin sole directed fishery and deliver that catch to a 
mothership. The terms ``directed fishery'' and ``mothership'' are 
defined at 50 CFR 679.2. A groundfish LLP license would be eligible for 
such an endorsement if it is credited with at least one qualifying 
landing, where the term ``qualifying landing'' would be defined under 
this proposed rule as a legal trip target landing in the BSAI TLAS 
yellowfin sole directed fishery made to a mothership in any one year 
from 2008 through 2015. Under this proposed rule, the term ``trip 
target'' would be defined as a groundfish species that is retained in 
an amount greater than the retained amount of any other groundfish 
species for that trip. For those vessels used to make a qualifying 
landing, only one groundfish LLP license on which the vessel was 
designated during the qualifying period would be eligible to receive 
the endorsement under this proposed rule. If a vessel that made at 
least one legal trip target landing in the BSAI TLAS yellowfin sole 
directed fishery from 2008 through 2015 (qualifying period) was 
designated on more than one groundfish LLP license during the 
qualifying period, the vessel owner would be required to select one 
groundfish LLP license that would receive credit for the qualifying 
landing(s) and receive a BSAI TLAS yellowfin sole directed fishery 
endorsement.
    The following sections of this preamble provide a description of 
(1) the LLP, the BSAI TLAS yellowfin sole directed fishery, and related 
management programs; (2) the need for this proposed rule; and (3) the 
proposed eligibility criteria and process for obtaining new 
endorsements authorizing delivery of BSAI TLAS yellowfin sole directed 
fishery catch to motherships.

Description of the License Limitation Program, the BSAI TLAS Yellowfin 
Sole Directed Fishery, and Related Management Programs

License Limitation Program

    The Council and NMFS have long sought to control the amount of 
fishing effort in the BSAI groundfish fisheries to ensure that the 
fisheries are conservatively managed and do not exceed established 
biological thresholds. One of the measures used by the Council and NMFS 
to control fishing effort is the LLP, which limits access to the 
groundfish fisheries in the BSAI. With some limited exceptions, the LLP 
requires that persons hold and designate on a groundfish LLP license 
each vessel that is used to fish in Federally managed groundfish 
fisheries. The LLP is intended to prevent unlimited entry into 
groundfish fisheries managed under the BSAI FMP.
    The LLP for BSAI groundfish fisheries was recommended by the 
Council as Amendment 39 to the BSAI FMP. The Council adopted the LLP 
for BSAI groundfish in June 1995, and NMFS approved Amendment 39 on 
September 12, 1997. NMFS published the final rule to implement the LLP 
on October 1, 1998 (63 FR 52642), and fishing under the LLP began on 
January 1, 2000. The preamble to the final rule implementing the BSAI 
groundfish LLP and the EA/RIR/IRFA prepared for that action describe 
the rationale and specific provisions of the LLP in greater detail (see 
ADDRESSES) and are not repeated here.
    The key components of the LLP are briefly summarized as follows. 
The BSAI groundfish LLP established specific criteria that must be met 
to allow a vessel to receive a groundfish

[[Page 26239]]

LLP license and continue to be eligible to fish in directed groundfish 
fisheries managed under the BSAI FMP. Vessels under 32 feet length 
overall (LOA) in the BSAI, and vessels using jig gear in the BSAI that 
are less than 60 feet LOA and that deploy no more than five jigging 
machines are exempt from the requirements to have a groundfish LLP 
license.
    Under the LLP, NMFS issued licenses that (1) endorse fishing 
activities in specific regulatory areas in the BSAI; (2) restrict the 
length of the vessel on which the LLP license may be used; (3) 
designate the fishing gear that may be used on the vessel (i.e., trawl 
or non-trawl gear designations); and (4) designate the type of vessel 
operation permitted (i.e., specify whether the vessel designated on the 
LLP license may operate as a catcher vessel or as a catcher/processor). 
LLP licenses are issued so that the endorsements for specific 
regulatory areas, gear designations, and vessel operational types are 
non-severable from the LLP license (i.e., once issued, the components 
of the LLP license cannot be transferred independently). By creating 
LLP licenses with these characteristics, the Council and NMFS limited 
the ability of a person to use an assigned LLP license--which was 
derived from the historic fishing activity in one area with a specific 
fishing gear or operational type--in other areas, with other gears, or 
for other operational types. The Council's intent of such limitation 
was to curtail the ability of the LLP license holder to expand fishing 
capacity, which could decrease the benefits derived by the existing 
participants from those other fisheries. The preamble to the final rule 
implementing the BSAI groundfish LLP provides a more detailed 
explanation of the rationale for specific provisions in the LLP (63 FR 
52642, October 1, 1998).
    In order to receive a BSAI groundfish LLP license, a vessel owner 
had to meet minimum landing requirements with the vessel during a 
specific time frame. Specifically relevant to this proposed rule, a 
vessel owner received a BSAI groundfish LLP license endorsed for a 
specific regulatory area in the BSAI (the Bering Sea (BS), the Aleutian 
Islands (AI), or both) if that vessel met specific harvesting and 
landing requirements for that specific regulatory area during the 
qualifying periods established in the final rule implementing the LLP 
(63 FR 52642, October 1, 1998). NMFS issued groundfish LLP licenses 
with a catcher vessel (CV) operation type if a vessel caught but did 
not process its catch at-sea during the specific qualifying periods; 
and NMFS issued groundfish LLP licenses with a catcher/processor (CP) 
endorsement if a vessel caught and processed its own catch at-sea 
during the specific qualifying periods (63 FR 52642, October 1, 1998). 
As an example, in order to receive a groundfish LLP endorsed for trawl 
gear in the AI with a CP designation, a vessel must have met the 
minimum groundfish harvesting and landing requirements for the AI using 
trawl gear during the qualifying period, and must have processed the 
qualifying catch on board the vessel.

BSAI TLAS Yellowfin Sole Directed Fishery and Amendment 80

    The yellowfin sole (Limanda aspera) is one of the most abundant 
flatfish species in the eastern Bering Sea and is the target of the 
largest flatfish fishery in the United States. They inhabit the eastern 
Bering Sea shelf and are considered one stock. Abundance in the 
Aleutian Islands region is negligible. The BSAI yellowfin sole directed 
fishery was historically managed under a total allowable catch (TAC) 
limit that could be harvested by eligible vessels. In 1998, regulations 
allocated a portion of the TAC to the Community Development Quota (CDQ) 
Program (63 FR 8356, February 19, 1998). The allocation of the BSAI 
yellowfin sole TAC was further modified in the late 2000s when the 
Council recommended and NMFS approved and implemented Amendment 80 to 
the BSAI FMP (72 FR 52668, September 14, 2007).
    Along with other measures, Amendment 80 allocated six BSAI non-
pollock groundfish species among two trawl fishery sectors. The six 
species, known as ``Amendment 80 species,'' include Aleutian Islands 
Pacific ocean perch, BSAI Atka mackerel, BSAI flathead sole, BSAI 
Pacific cod, BSAI rock sole, and BSAI yellowfin sole. These species are 
allocated for harvest between the Amendment 80 sector, comprised of 
specific vessels identified under Amendment 80, and all other BSAI 
trawl fishery participants not in the Amendment 80 sector. The other 
BSAI trawl fishery participants include American Fisheries Act (AFA) 
CPs, AFA CVs, and non-AFA CVs. Collectively, this group of other, or 
non-Amendment 80, trawl fishery participants comprises the BSAI TLAS. 
The BSAI TLAS is defined at 50 CFR 679.2. The BSAI TLAS fisheries are 
conducted in the BSAI using trawl gear, using non-Amendment 80 vessels 
designated on a non-Amendment 80 LLP license, and do not include CDQ 
groundfish fisheries or fishing for CDQ groundfish.
    Each year, NMFS allocates the initial total allowable catch (ITAC) 
of the six Amendment 80 species, as well as crab and halibut prohibited 
species catch (PSC) limits, between the Amendment 80 sector and the 
BSAI TLAS. Allocations made to the Amendment 80 sector are exclusive to 
the Amendment 80 sector and not subject to harvest in other fishery 
sectors. The Amendment 80 sector is precluded from harvesting Amendment 
80 species allocated to the BSAI TLAS. The Council's intent in 
establishing the BSAI TLAS was to provide harvesting opportunities for 
AFA CPs, AFA CVs, and non-AFA CVs.
    The ITAC represents the amount of TAC for each Amendment 80 species 
that is available for harvest after allocations to the CDQ program and 
the incidental catch allowance (ICA) have been subtracted. The ICA is 
an amount set aside for the incidental harvest of each Amendment 80 
species by non-Amendment 80 vessels targeting other groundfish species 
in non-trawl fisheries and in the BSAI TLAS fisheries. The annual 
proportion of yellowfin sole ITAC allocated to the Amendment 80 sector 
and the BSAI TLAS depends on the amount at which the yellowfin sole 
ITAC is set. As the amount of ITAC for BSAI yellowfin sole increases, 
the proportion of the ITAC assigned to the BSAI TLAS also increases.
    To further accommodate yellowfin sole harvest opportunities for the 
BSAI TLAS, the Amendment 80 Program relieves AFA sideboard limits for 
yellowfin sole when the yellowfin sole ITAC is equal to or greater than 
125,000 metric tons (mt). The lifting of AFA sideboard limits for 
yellowfin sole allows AFA vessels to increase their yellowfin sole TLAS 
harvest, particularly in periods of reduced availability of pollock. 
Implementation of the AFA included the establishment of harvesting and 
processing limits, known as sideboards, to protect vessels and 
processors in other, non-pollock fisheries from spillover effects 
resulting from the rationalization and privatization of the BSAI 
pollock fishery. The need for AFA sideboard limits for yellowfin sole 
was reduced with Amendment 80, because most of the yellowfin sole ITAC 
is allocated to the Amendment 80 sector for exclusive harvest, and AFA 
vessels no longer directly compete with the Amendment 80 sector for 
yellowfin sole. Since 2008, the yellowfin sole ITAC has been higher 
than 125,000 mt, so yellowfin sole sideboard limits have not been in 
place for AFA vessels since implementation of Amendment 80. Additional 
detail on the rationale for the specific allocations in the BSAI TLAS 
yellowfin sole fishery, and the management of AFA sideboards is 
provided in the final rule

[[Page 26240]]

implementing Amendment 80 (72 FR 52668, September 14, 2007).
    Although the Council was clear in its intent to prohibit Amendment 
80 vessels from harvesting Amendment 80 species allocated to the BSAI 
TLAS, the Council did not specifically address during its development 
of Amendment 80 whether Amendment 80 vessels should be eligible to 
serve as processing platforms for the BSAI TLAS sector. A vessel that 
receives and processes groundfish from other vessels is referred to as 
a ``mothership'' (see definition at 50 CFR 679.2). Although Amendment 
80 vessels operate as CPs in the Amendment 80 sector (i.e., the vessels 
catch and process their own catch), Amendment 80 vessels meet the 
regulatory definition of a mothership when they receive and process 
catch from catcher vessels fishing in the BSAI TLAS fisheries.
    The final rule implementing Amendment 80 clarified that Amendment 
80 vessels could be used as motherships for catcher vessels fishing in 
the BSAI TLAS fisheries, based on public comments received on the 
proposed rule to implement Amendment 80, further analysis by NMFS, and 
the lack of clearly stated Council intent to the contrary. The final 
rule implementing Amendment 80 modified the proposed regulations to 
permit this activity, noted that this revision accommodated one 
Amendment 80 vessel that had historically been used as a mothership, 
and acknowledged that the revision provided for potential future growth 
in the use of Amendment 80 vessels as motherships in the BSAI TLAS. A 
detailed description of the Council's intent and NMFS' actions 
regarding limitations of Amendment 80 vessels catching, receiving, and 
processing fish assigned to the BSAI TLAS is provided in the proposed 
rule (72 FR 30052, May 30, 2007) and in the final rule implementing 
Amendment 80 (72 FR 52668, September 14, 2007).

Increased Participation in the Offshore BSAI TLAS Yellowfin Sole 
Directed Fishery

    The current BSAI TLAS yellowfin sole directed fishery is almost 
entirely an offshore fishery composed of two primary groups: (1) AFA 
CPs, and (2) AFA and non-AFA CVs delivering yellowfin sole to AFA and 
Amendment 80 CPs operating as motherships. Section 2.7.1.1 of the 
Analysis considered by the Council for this action noted that two 
stationary floating processors participated in the fishery as 
motherships prior to 2009. Although those processors did not 
participate in the fishery after 2008, data from landings to those 
vessels were included in the analysis of impacts of the alternatives. 
For purposes of this proposed rule a stationary floating processor is 
considered a mothership. In this preamble, NMFS uses the term 
``offshore sector'' when referring to vessels that are harvesting BSAI 
TLAS yellowfin sole and either delivering that catch to motherships for 
processing or processing their own catch. AFA CPs participate in the 
offshore sector by (1) catching and processing yellowfin sole (i.e., 
operating as a CP); (2) receiving and processing deliveries of 
yellowfin sole from CVs (i.e., operating as a mothership); or (3) 
catching and delivering their harvest to other CPs operating as 
motherships for processing (i.e., operating as a CV). No AFA CPs have 
operated solely as motherships (i.e., vessels that do not harvest fish 
and only receive catch for processing) in the BSAI TLAS yellowfin sole 
directed fishery since it began in 2008.
    The BSAI TLAS yellowfin sole TAC was not fully harvested during the 
first five years of the fishery (2008 through 2012) due to limited 
fishing effort combined with high allocations. During this five-year 
period, harvests ranged from a low of 31 percent of the TAC in 2009 to 
a high of 87 percent of the TAC in 2010. Since 2013, the BSAI TLAS 
yellowfin sole TAC has been more fully harvested with at least 93 
percent of the TAC harvested in each year (Section 2.6.1.2 of the 
Analysis).
    Since implementation of the BSAI TLAS yellowfin sole directed 
fishery in 2008, the number of AFA CPs actively fishing and processing 
has ranged from 8 to 12 vessels. Until 2015, AFA CPs harvested about 85 
percent of the total catch in the BSAI TLAS yellowfin sole directed 
fishery. However, the percentage of total catch harvested by AFA CPs 
has diminished each year since 2015, and comprised approximately 42 
percent of the total harvest in 2017. Harvest patterns of AFA CPs also 
have changed since the inception of the fishery. From 2008 to 2010, 
participating AFA CPs fished from January 20th through February and 
occasionally into March or April each year. Starting in 2011, 
prosecution of the fishery by AFA CPs developed into two distinct 
fishing patterns. The first pattern consists of most participating AFA 
CPs fishing for only two weeks beginning January 20th each year. The 
second pattern generally consists of two AFA CPs fishing all year. 
Section 2.7.1.1 of the Analysis provides additional detail on the 
participation and harvesting patterns in the BSAI TLAS yellowfin sole 
fishery.
    From 2008 through 2014, the annual number of AFA and non-AFA CVs 
participating in the BSAI TLAS yellowfin sole offshore sector ranged 
from zero to three vessels. The annual number of participating CVs 
increased to six in 2015 and to nine in 2016. In 2017, eight CVs 
participated in the fishery, with one CV being a new entrant to the 
fishery. The CV share of the total BSAI TLAS yellowfin sole directed 
fishery harvest rose from an average of 17 percent each year from 2008 
through 2014 to 45 percent in 2015, 48 percent in 2016, and 58 percent 
in 2017 (Section 2.7.1.1 of the Analysis).
    Harvest patterns for CVs in the BSAI TLAS yellowfin sole directed 
fishery have also changed over time. In 2008, participating CVs fished 
BSAI TLAS yellowfin sole from March until December. After the first 
year of the fishery, CVs fished BSAI TLAS yellowfin sole in April, 
September, and October. Starting in 2012, CVs fished BSAI TLAS 
yellowfin sole until the season ended or NMFS closed the fishery to 
directed fishing. From 2012 through 2015, this meant that CVs fished in 
the BSAI TLAS yellowfin sole directed fishery throughout most of the 
year. However, in 2016 and 2017, the fishing season was significantly 
shortened, with NMFS closing the fishery in June and May, respectively, 
due to the TAC being reached. Section 2.7.1.1 of the Analysis provides 
additional detail on the participation and harvesting patterns in the 
BSAI TLAS yellowfin sole fishery.
    CPs operating as motherships take deliveries of harvested BSAI TLAS 
yellowfin sole from CVs and CPs acting as CVs for at-sea processing. 
Only one Amendment 80 CP acting as a mothership participated in the 
fishery from 2008 through 2014. From 2015 through 2017, the number of 
CPs operating as motherships and receiving catch from CVs expanded to 
seven vessels. In 2017, six Amendment 80 CPs and one AFA CP operated as 
motherships for CVs in the BSAI TLAS yellowfin sole directed fishery. 
The increased use of Amendment 80 vessels operating as motherships has 
increased opportunities for CV deliveries. This increased opportunity 
is demonstrated by the increased number of CVs that participated in 
2015 through 2017, and the higher proportion of BSAI TLAS yellowfin 
sole catch that was harvested by CVs in 2015 through 2017 relative to 
previous years. Section 2.7.1.1 of the Analysis provides additional 
detail on the factors affecting mothership patterns in the BSAI TLAS 
yellowfin sole fishery.

[[Page 26241]]

    The potential exists for additional motherships and CVs to 
participate in the BSAI TLAS yellowfin sole directed fishery. Section 
2.7.1.1 of the Analysis estimates that up to seven additional Amendment 
80 CPs could enter the BSAI TLAS yellowfin sole offshore sector as 
motherships based on a range of factors described in the Analysis. 
These motherships could provide processing capacity for up to 21 
additional CVs. These estimates likely represent the maximum potential 
expansion of capacity in the BSAI TLAS yellowfin sole directed fishery. 
Section 2.7.1.1 of the Analysis provides additional detail on the 
potential for new motherships and CVs to enter the BSAI TLAS yellowfin 
sole fishery.

Halibut Bycatch in the BSAI TLAS Yellowfin Sole Directed Fishery

    NMFS monitors the bycatch of halibut in the BSAI TLAS yellowfin 
sole directed fishery against the halibut PSC limits established for 
the fishery, and will close or otherwise restrict trawl harvests of 
BSAI TLAS yellowfin sole if halibut PSC limits are projected to be 
reached. Fishery closures due to reaching halibut PSC limits can occur 
before the BSAI TLAS yellowfin sole TAC is fully harvested, thereby 
reducing overall revenue to vessel operators and crew. To avoid this 
outcome, vessel operators may accelerate fishing operations to maximize 
harvest of yellowfin sole before the halibut PSC limit is reached.
    The halibut PSC limit for the BSAI TLAS yellowfin sole directed 
fishery ranged between 162 to 241 mt from 2008 through 2014, with the 
halibut PSC limit being exceeded in 2013 by 18 mt. In 2014, 60 mt of 
halibut PSC was reapportioned from the BSAI TLAS Pacific cod fishery to 
the BSAI TLAS yellowfin sole fishery to allow the fishery to remain 
open for the rest of the year for participants to harvest the remaining 
BSAI TLAS yellowfin sole TAC. From 2015 through 2017, the halibut PSC 
limit was between 150 to 167 mt, but it was not reached in any of these 
years before the fishery closed when the BSAI TLAS yellowfin sole TAC 
was fully harvested. Halibut mortality rates for the BSAI TLAS 
yellowfin sole directed fishery for 2008 through 2017 ranged from 1.11 
to 6.55 kg halibut per mt groundfish, with a generally increasing trend 
from 2010 through 2016, followed by a drop in 2017.

Need for Action

    Given the recent and dramatic increases in CV and mothership 
participation that have occurred in the BSAI TLAS yellowfin sole 
directed fishery and the expectation of additional capacity entering 
the fishery, the Council identified three management and conservation 
concerns that it wanted to address with Amendment 116: (1) The 
likelihood of decreasing benefits from the fishery for long-time, 
historic, and recent participants given the increasing number of 
participants in the fishery and shorter fishing seasons; (2) an 
increased risk of a race for fish; and (3) the potential for higher 
halibut bycatch. The Council noted the increase in the number of 
participating CVs combined with recent lower BSAI TLAS yellowfin sole 
allocations was resulting in a fully utilized fishery with increasingly 
shorter fishing seasons. Shorter fishing seasons can be more difficult 
for NMFS to manage catch within established limits and increase the 
incentives for vessels to harvest quickly in order to harvest a greater 
share of the TAC before it is fully harvested and the fishery is 
closed. This ``race for fish'' may result in fishing with less care and 
the potential for increased halibut PSC rates which could lead to 
closure of the fishery before the TAC is fully harvested. Public 
testimony to the Council included concerns that the shorter fishing 
season was having a negative effect on access to the fishery by CVs 
that participated in the fishery prior to 2015.
    In order to address these concerns, the Council determined that 
management measures are needed that would limit access to the BSAI TLAS 
yellowfin sole directed fishery by vessels harvesting BSAI TLAS 
yellowfin sole and delivering their catch to a mothership for 
processing. Specifically, the Council recommended as its preferred 
alternative for Amendment 116 that a vessel would be eligible to 
participate in the BSAI TLAS yellowfin sole directed fishery and 
deliver its catch to a mothership only if that vessel was designated on 
a groundfish LLP license that has been credited with at least one trip 
target landing in the BSAI TLAS yellowfin sole directed fishery made to 
a mothership or catcher/processor in any one year from 2008 through 
2015. The Council recognized that this eligibility criterion may 
qualify more groundfish LLP licenses than vessels with a qualifying 
landing, because some vessels with a qualifying landing may have been 
designated on more than one groundfish LLP license during the 
qualifying period. Therefore, the Council also recommended that if a 
vessel with a qualifying landing was designated on more than one 
groundfish LLP license during the qualifying period, only those 
groundfish LLP licenses on which the vessel was designated, when the 
vessel was used to make at least one trip target landing in a BSAI TLAS 
fishery from 2008 through 2015, would be eligible to be credited with a 
qualifying landing. In such cases, the vessel owner would be required 
to select one of these eligible groundfish LLP licenses to receive 
credit with the qualifying landings. Under the proposed rule, 
groundfish LLP licenses that meet the eligibility criteria and are 
credited with a qualifying landing would receive from NMFS a groundfish 
LLP endorsement that would authorize participation in the offshore BSAI 
TLAS yellowfin sole directed fishery. Vessels not designated on 
groundfish LLP licenses that receive the endorsement would be 
prohibited from participating in the BSAI TLAS yellowfin sole directed 
fishery and delivering their catch to a mothership for processing.
    The Council determined and NMFS agrees that limiting CV access to 
the offshore BSAI TLAS yellowfin sole directed fishery is necessary to 
ease the likelihood of increased harvesting pressure and the shortening 
of the fishing season, mitigate the risk that a ``race for fish'' could 
continue to develop and accelerate, and help to maintain the 
consistently low rates of halibut bycatch in the BSAI TLAS yellowfin 
sole directed fishery. The Council also determined, and NMFS agrees, 
that this proposed rule would reasonably balance the need to limit 
additional future and very recent speculative entry to the BSAI TLAS 
yellowfin sole directed fishery to help control the pace of fishing 
with the need to provide continued access and benefits to historic, 
long time and more recent participants.
    The Council determined and NMFS agrees that the proposed action 
would likely prevent the fishing season from shortening further because 
it removes the ability for additional capacity to enter the fishery and 
harvest the TAC or reach halibut PSC limits more quickly. As described 
in Section 2.7.1.2 of the Analysis, the fishing seasons in 2016 and 
2017 were the shortest on record for this fishery at the time of the 
highest levels of CV participation and with CVs harvesting the highest 
proportion of the fishery's TAC. The pace of fishing during those 
fishing seasons may have increased due to additional speculative entry 
and concerns by ongoing participants about the increasing competition. 
This proposed rule could help lengthen the fishing season and mitigate 
a ``race for fish'' by limiting the eligible groundfish LLP licenses, 
such that participation is generally

[[Page 26242]]

representative of the 2015 fishing year, when the season lasted until 
late in the year. This proposed rule also could help lengthen the 
fishing season and mitigate a ``race for fish'' by allowing eligible 
CVs more flexibility in fishing operations through predictable levels 
of competition. That flexibility may help improve fishing efficiency 
and reduce halibut PSC in the fishery by allowing vessels to take steps 
to reduce halibut PSC, such as leaving or avoiding areas of high 
halibut concentration. At a minimum, the proposed action is expected to 
minimize further negative impact on the resources that could occur if 
CV participation in the fishery were maintained at 2016 levels or 
allowed to continue to increase. The proposed action may also help to 
facilitate voluntary best practices agreements between CVs and AFA CPs 
in the BSAI TLAS yellowfin sole directed fishery to avoid halibut PSC. 
The Council also considered whether this proposed action could have 
adverse impacts on other fisheries, specifically the BSAI TLAS Pacific 
cod fishery, if CVs or motherships were displaced from participation in 
the BSAI TLAS yellowfin sole fishery. As described in Section 2.7.2.1 
of the Analysis and later in this preamble, the Council concluded, and 
NMFS agrees, that such adverse impacts are not likely.
    Under the LLP, a license can be transferred to a different vessel 
that is eligible to be designated on that LLP license, but only one 
vessel can be designated on an LLP license at any given time. 
Additionally, a vessel may be designated on more than one LLP license 
at one time. Therefore, the number of eligible groundfish LLP licenses 
presented in this proposed rule and the Analysis represents the maximum 
number of CVs that NMFS currently has determined would be eligible to 
conduct directed fishing for BSAI TLAS yellowfin sole. If Amendment 116 
is approved and this proposed rule is finalized, fewer and/or different 
CVs designated on groundfish LLP licenses with a BSAI TLAS yellowfin 
sole directed fishery endorsement may be used to conduct directed 
fishing for BSAI TLAS yellowfin sole and deliver the catch to a 
mothership. The Analysis uses the current groundfish LLP license vessel 
designations to describe the likely impacts of the proposed action, 
because it is not possible to know how the vessel designations on 
groundfish LLP licenses may change in the future.
    The Council considered a range of options that would qualify a 
groundfish LLP license for a BSAI TLAS yellowfin sole directed fishery 
endorsement, including: (1) How eligible landings would be determined; 
(2) the range of years during which eligible landings would need to be 
made (i.e., qualifying period); (3) the number of years during the 
qualifying period in which eligible landings would need to be made; and 
(4) whether the requirement for a BSAI TLAS yellowfin sole directed 
fishery endorsement would be removed under specific TAC conditions. In 
addition to other factors considered and addressed in the Analysis, the 
Council and NMFS considered the proposed action's consistency with 
allocations initially made under the Amendment 80 Program, its 
potential impacts on the BSAI TLAS Pacific cod fishery, and whether 
this proposed action would constitute a limited access privilege 
program as that term is defined under the Magnuson-Stevens Act. The 
following briefly summarizes these options and key considerations.

Why are qualifying landings based on trip target rather than directed 
fishing?

    At its February 2017 meeting, the Council clarified that 
eligibility criteria should be based on trip target landings rather 
than directed fishing landings. Directed fishing is defined as any 
fishing activity that results in retention of an amount of a species on 
board a vessel that is greater than the maximum retainable amount for 
that species (see definition at 50 CFR 679.2). Under this definition, a 
vessel may be targeting and retaining Pacific cod but also retaining 
incidentally caught yellowfin sole at an amount that exceeds the 
maximum retainable amount for yellowfin sole. NMFS would consider the 
vessel to be directed fishing for Pacific cod and directed fishing for 
yellowfin sole in such a situation. Thus, limiting access to the BSAI 
TLAS yellowfin sole directed fishery based on a history of directed 
fishing activity could result in CVs meeting minimum landings 
requirements based on incidental catch of yellowfin sole.
    Under this proposed rule, ``trip target'' would be defined as a 
landing in which the amount of retained BSAI TLAS yellowfin sole is 
greater than the retained amount of any other groundfish species for 
that trip. The Council's intent with this action is to provide 
endorsements to those CVs that were intentionally targeting yellowfin 
sole in the BSAI TLAS yellowfin sole directed fishery and not to 
provide endorsements to CVs that were intentionally targeting other 
groundfish species but retaining their incidental catch of yellowfin 
sole. Using trip target to determine eligibility would limit the 
potential for a vessel to qualify for participation in the BSAI TLAS 
yellowfin sole directed fishery based on the vessel's incidental catch 
of yellowfin sole. This is consistent with previous eligibility 
criteria for limiting access to some fisheries based on trip target, 
rather than directed fishing activity. In the case of this proposed 
action, the use of trip target to establish qualification for the BSAI 
TLAS yellowfin sole directed fishery endorsement would result in the 
same number of LLP licenses qualifying for the BSAI TLAS yellowfin sole 
directed fishery endorsement as there were CVs that participated in the 
fishery for any one year during the proposed qualifying period.

Why was the range of qualifying years selected?

    The Council considered two ranges of years for determining 
qualifying landings; 2008 through 2015 and 2008 through 2016. The 
Council selected 2008 as the start of both qualifying periods because 
2008 was the first year of the BSAI TLAS yellowfin sole directed 
fishery. The Council ended one qualifying period with 2015, because 
2015 is the year the Council initiated the analysis for Amendment 116 
and the last year of participation in the fishery prior to the 
Council's announced control date of October 13, 2015. The Council ended 
the other qualifying period with 2016 to allow consideration of the 
most recent participants based on public testimony. In determining the 
two options for a qualifying period, the Council also took into 
consideration participation in the fishery prior to 2008 and during 
2017. The Council selected 2008 through 2015 as its preferred 
qualifying period for eligibility for a BSAI TLAS yellowfin sole 
directed fishery endorsement. In selecting the 2008 through 2015 
period, the Council considered the potential for future entry of 
capacity into the fishery, while also recognizing existing 
participation.
    Under the 2008 through 2015 qualifying period that had at least one 
qualifying landing made in any one year during the period, the Analysis 
indicates that a total of eight LLP licenses would be eligible to 
receive a BSAI TLAS yellowfin sole directed fishery endorsement. Under 
the 2008 through 2016 qualifying period with at least one qualifying 
landing made in any one year during the period, ten LLP licenses would 
be eligible to receive a BSAI TLAS yellowfin sole directed fishery 
endorsement. The Council was aware of the potential for additional 
effort to enter the BSAI TLAS yellowfin sole directed fishery while the 
Council considered Amendment 116, and was aware that additional or 
speculative

[[Page 26243]]

effort could enter the fishery to establish some history in it, which 
could impact existing participants in the fishery by further shortening 
the fishing season and increasing the ``race for fish'' (see Section 
2.7.1.1 of the Analysis for a description of fishing patterns and 
seasons).
    To dampen the effect of additional or speculative entry into the 
BSAI TLAS yellowfin sole directed fishery, the Council adopted a 
control date of October 13, 2015, which was published by NMFS in the 
Federal Register (80 FR 72408, November 19, 2015). Although control 
dates are not binding on future Council actions, the Council clearly 
indicated when it adopted the control date that this control date could 
be used to limit ``future access to the offshore sector of the BSAI 
TLAS for yellowfin sole.'' The Council also clearly noted that the 
control date was intended to ``promote awareness that the Council may 
develop a future management action,'' and ``to provide notice to the 
public that any current or future access to the offshore sector of the 
BSAI trawl limited access fishery for yellowfin sole may be affected or 
restricted; and to discourage speculative participation and behavior in 
the fishery while the Council considers whether to initiate a 
management action to further limit access to the fishery.'' The 
selection of the 2008 through 2015 qualifying period is consistent with 
the Council's clearly stated policy objectives and the public was 
clearly noticed that catch in 2016 may not be considered.
    After the Council established the control date in 2015, the number 
of participating CVs increased from six in 2015 to nine in 2016, which 
is triple the maximum level of CV participation from 2008 through 2014 
and nearly four times the average level of CV participation from 2008 
through 2014. It is also a 33 percent increase over CV participation in 
2015. Because the Council identified in 2015 the recent increase in CVs 
participating in the fishery to be the primary cause of shortened 
fishing seasons and the resulting ``race for fish,'' the Council was 
concerned that the even greater increase in CV participation after 2015 
would further shorten the fishing season, increasing the risk of a 
``race for fish.'' The Council considered, but rejected, ending the 
qualifying period in either 2016 or 2017, because the pace of fishing 
and harvest pressure increased in those years concurrent with the trend 
of increasing CV participation, including two vessels that participated 
in 2016 and another in 2017 that had never before been used to 
participate in the fishery. Those factors caused the fishery to close 
in June in 2016 and in May in 2017, compared to the November closure in 
2015, which was more typical of previous season lengths. Based on the 
same factors, NMFS also determined that the 2008-2015 qualifying period 
best addresses the need to reduce fishing pressure and help to control 
the pace of fishing within the fishery.

Why select only one year, not two years, of participation?

    In conjunction with its determination that 2008 through 2015 was 
the appropriate qualifying period, the Council also determined that 
that qualifying period coupled with one year for participation would 
result in an adequate number of qualifying groundfish LLP licenses and 
CVs to prosecute the offshore fishery at a pace similar to the pace of 
the fishery through 2015. The Council considered two options addressing 
the frequency of qualifying landings in the BSAI TLAS yellowfin sole 
directed fishery during the qualifying period. One option would have 
required qualifying landings to be made in any two years during the 
qualifying period. The other option would require qualifying landings 
to be made in any one year during the qualifying period. The one year 
option would limit the number of CVs in the offshore BSAI TLAS 
yellowfin sole directed fishery to eight. While this option would allow 
two more CVs to participate than participated in 2015, it would still 
allow the fishery to be fully prosecuted without the risk of continued 
increase in harvest pressure that could continue to shorten the fishing 
season or increase Pacific halibut PSC rates. The Council did not 
choose the two-year requirement, because under both qualifying periods 
it would have substantially limited participation in a manner that is 
not reflective of the current harvest patterns in the fishery. 
Specifically, the two-year option would have limited the number of CVs 
in the offshore BSAI TLAS yellowfin sole directed fishery to three CVs 
owned by one company, which raised some concerns about its consistency 
with National Standard 4. Further, this option would have excluded at 
least one historic participant under both qualifying periods, which 
would not be consistent with the Council's intent to provide continued 
access and benefits to historic participants. In addition, a more 
restrictive option is not needed to promote conservation. The Council 
determined, and NMFS agrees, that requiring a qualifying landing in any 
one qualifying year during the qualifying period of 2008 through 2015 
effectively limits the potential for an increasingly challenging ``race 
for fish'' and the recent growth in the CV sector.

Why are no options needed for new CV entrants during periods of high 
BSAI TLAS yellowfin sole allocation?

    The Council considered a range of options that would have removed 
the requirements for CVs to have a BSAI TLAS yellowfin sole directed 
fishery endorsement to deliver to the offshore sector if the TAC 
allocated to the BSAI TLAS yellowfin sole fishery was above specific 
amounts (see Sections 2.7.2.2 and 2.7.2.3 of the Analysis). However, 
the Council concluded, and NMFS agrees, that options that would provide 
for new CV entrants during periods of high BSAI TLAS yellowfin sole 
allocations are not needed or appropriate. Sections 2.7.2.2 and 2.7.2.3 
of the Analysis note that CVs were able to enter the offshore BSAI TLAS 
yellowfin sole directed fishery from 2008 through 2015 under a wide 
range of TACs and market conditions, and those CVs that participated in 
the fishery during that time period would receive endorsements under 
this proposed rule.
    The Council also determined and NMFS agrees that relieving the 
limit to entry into the offshore BSAI TLAS yellowfin sole directed 
fishery by CVs could exacerbate the conditions that could lead to a 
``race for fish'' and could increase halibut PSC mortality rates in the 
fishery. Further, an option for new entrants could create difficulties 
during the annual TAC setting process, as eligible CVs and new CV 
entrants negotiate a BSAI yellowfin sole TAC recommendation to the 
Council each year. This would complicate the determination of whether 
there would be a directed fishery for new CV entrants each year. The 
Council also considered the potential for participation in the offshore 
BSAI TLAS yellowfin sole directed fishery by CVs currently active in 
the Gulf of Alaska, but without recent participation in the BSAI TLAS 
yellowfin sole fishery. However, the Council determined that it is not 
necessary to provide fishing opportunities for these CVs in the BSAI 
TLAS yellowfin sole fishery, because these CVs have extensive flatfish 
resources in the GOA that have remained unharvested. NMFS agrees with 
the Council's finding. Therefore, no such provision is included in this 
proposed action.

[[Page 26244]]

Why change the BSAI TLAS yellowfin sole policy as implemented under the 
Amendment 80 Program?

    As explained earlier, the Council and NMFS recognized at the time 
Amendment 80 was implemented that participation by Amendment 80 vessels 
as motherships in the offshore BSAI TLAS yellowfin sole directed 
fishery could continue or even increase. However, the proportion of the 
BSAI TLAS yellowfin sole directed fishery catch now being harvested by 
CVs that deliver their catch to Amendment 80 vessels operating as 
motherships is substantially greater than it was at the time the 
Amendment 80 Program was implemented. The final rule for the Amendment 
80 Program (72 FR 52668, September 14, 2007) notes that only 1 
Amendment 80 vessel was receiving and processing catch delivered from 
one CV in the BSAI Pacific cod fishery prior to the implementation of 
the Amendment 80 Program. No Amendment 80 vessel was receiving catch 
from CVs participating in the BSAI yellowfin sole fishery at the time 
the Amendment 80 Program was implemented in 2008. In 2017, 6 Amendment 
80 CPs and one AFA CP operated as motherships in the BSAI TLAS 
yellowfin sole fishery. However, from 2003 through 2014, no more than 
two CP vessels participated as motherships in the BSAI TLAS yellowfin 
sole fishery in any one year (Section 2.7.1.1 of the Analysis). Section 
2.7.1.1 of the Analysis notes that much of the increase in 
participation by CVs is due to an increase in the number of Amendment 
80 vessels operating as motherships.
    The Council determined, and NMFS agrees, that it is appropriate to 
review the policies adopted for the BSAI TLAS yellowfin sole directed 
fishery under the Amendment 80 Program and the fishing operations in 
that fishery, and take action, if necessary, as fishing patterns change 
from those observed at the time the Amendment 80 Program was 
implemented. As a result, the Council concluded, and NMFS agrees, it is 
necessary to limit access by CVs targeting BSAI TLAS yellowfin sole for 
delivery to vessels operating as motherships.

How would the proposed action limit potential adverse impacts in the 
BSAI TLAS Pacific cod fishery?

    The Council had information on, and heard public testimony about, 
the potential impacts of this proposed action on the BSAI TLAS Pacific 
cod fishery. As noted Section 2.7.2.1 of the Analysis, most of the CVs 
that participate in the BSAI TLAS yellowfin sole directed fishery also 
participate in the BSAI TLAS Pacific cod fishery, and a CV that would 
not receive a BSAI TLAS yellowfin sole directed fishery endorsement for 
its groundfish LLP license under this proposed rule may enter or 
increase its participation in the BSAI TLAS Pacific cod fishery. New or 
increased participation in the BSAI TLAS Pacific cod fishery would only 
occur if there is a perceived economic benefit to doing so. A spillover 
effect into the BSAI TLAS Pacific cod fishery may be more likely when 
there are fewer CVs that have an LLP license with an endorsement to 
participate in the BSAI TLAS yellowfin sole directed fishery. This 
proposed action would limit the number of groundfish LLP licenses, and 
therefore the number of CVs, that could be used to harvest BSAI TLAS 
yellowfin sole and deliver to a mothership, and any potential spillover 
effect into the BSAI TLAS Pacific cod fishery would most likely come 
from vessels that have participated in the BSAI TLAS yellowfin sole 
directed fishery, but would be excluded under this proposed rule. Under 
this proposed rule up to eight CVs could participate in the BSAI TLAS 
yellowfin sole directed fishery. The maximum number of CVs that 
participated in the fishery from 2008 through 2017 is eleven individual 
vessels, with a maximum of nine participating in any one year. The 
proposed rule would allow eight vessels to participate under groundfish 
LLP licenses endorsed for the fishery. While the remaining three 
vessels could increase BSAI TLAS Pacific cod fishery participation, 
they might also decline to participate in that fishery if there is no 
perceived economic benefit. At this time it is not possible to predict 
a definitive outcome.

Does this proposed action constitute a Limited Access Privilege (LAP) 
Program?

    The Council determined during its February 2017 meeting, and NMFS 
concurs, that this proposed action does not meet the definition of a 
LAP Program included in section 303A of the Magnuson-Stevens Act (16 
U.S.C. 1853a). Section 3 of the Magnuson-Stevens Act (16 U.S.C. 1802) 
defines a LAP as a Federal permit issued as part of a limited access 
system under section 303A to harvest a quantity of fish expressed by a 
unit or units representing a portion of the TAC of the fishery that may 
be received or held for exclusive use by a person and includes an 
individual fishing quota but does not include community development 
quotas.
    This proposed action would limit the number of groundfish LLP 
licenses and therefore the number of CVs that could be used to harvest 
BSAI TLAS yellowfin sole and deliver that harvest to a mothership, but 
it would not assign a portion of the BSAI TLAS yellowfin sole TAC for 
exclusive use by a person. An individual owner of a groundfish LLP 
license that would receive an endorsement would not be allocated a 
specific amount of BSAI TLAS yellowfin sole that would be for the 
owner's exclusive use. All vessels eligible to participate in the 
offshore BSAI TLAS yellowfin sole directed fishery, both CPs and CVs 
designated on groundfish LLP licenses with the proposed endorsement, 
would continue to compete with each other in harvesting the BSAI TLAS 
yellowfin sole TAC and do not act together as one entity. Additionally, 
although CVs have not historically delivered their catch of yellowfin 
sole to shore-based processing plants, this proposed action does not 
preclude CVs from conducting directed fishing for BSAI TLAS yellowfin 
sole and delivering that harvest to shore-based processing plants. This 
proposed action does not limit the amount of BSAI TLAS yellowfin sole 
that could be harvested by a CV designated on a groundfish LLP license 
that has a BSAI TLAS yellowfin sole endorsement; rather, it limits the 
number of CVs that are eligible to participate in the directed fishery 
and deliver their harvest to a mothership. This proposed action does 
not limit CPs participating in the BSAI TLAS yellowfin sole fishery or 
assign a portion of the TAC for exclusive use by CPs. Finally, NMFS 
will maintain the ability to reallocate BSAI TLAS yellowfin sole TAC to 
the Amendment 80 sector if NMFS determines that it will go unharvested.

How will this action help reduce halibut PSC?

    In fisheries where circumstances motivate fishermen to race against 
each other to harvest as much fish as they can before the annual catch 
limit or the PSC limit is reached and the fishery closes for the 
season, participants can have a substantial disincentive to take 
actions to reduce bycatch use and waste, particularly if those actions 
could reduce groundfish catch rates. In a ``race for fish,'' 
participants who choose not to take actions to reduce bycatch and waste 
stand to gain additional groundfish catch by continuing to harvest at a 
higher bycatch rate, at the expense of any vessels engaged in bycatch 
avoidance. By limiting CV access to the offshore BSAI TLAS yellowfin 
sole fishery and reducing

[[Page 26245]]

pressure to harvest the BSAI TLAS yellowfin sole TAC quickly, this 
proposed action would help to reduce incentives for a ``race for fish'' 
and provide participating CVs more flexibility in fishing operations, 
allowing them to better avoid halibut PSC.
    Additionally, industry participants have testified to the Council 
that some companies participating in the BSAI TLAS yellowfin sole 
directed fishery reduce halibut mortality in the fishery through 
implementing ``best practices'' agreements designed to reduce halibut 
mortality. Such testimony indicated that these agreements have included 
halibut mortality target rates, real-time reporting of locations with 
high halibut PSC, or informal apportionment of remaining halibut 
mortality among vessels fishing late in the year. Limiting the number 
of CVs in this fishery may provide a better opportunity to implement 
best practices agreements, because participation in the fishery would 
be more stable and predictable over the long term. That stability and 
predictability could facilitate better communication among 
participants. Section 2.7.1.2 of the Analysis provides additional 
detail on halibut PSC management practices in the BSAI TLAS yellowfin 
sole fishery.
    Section 3.2.2.1 of the Analysis concluded that this proposed rule 
would not affect annual halibut PSC limits, but does have the potential 
to help participants maintain or reduce halibut PSC in the BSAI TLAS 
yellowfin sole fishery, as described above. While such savings are not 
guaranteed or predictable due to the suite of variables that can affect 
halibut PSC and rates in this fishery, the proposed action addresses 
concerns that increasing entry could make halibut PSC increase, is 
expected to maintain halibut PSC at current levels, and may even create 
a management environment in which the participants are able to work 
together to reduce halibut PSC. Additionally, the Council and NMFS do 
not expect any negative effects on halibut from this proposed rule 
because halibut PSC limits for this fishery would continue to be 
established each year, and the fishery would be closed if NMFS 
determines that the halibut PSC limit will be reached before the 
yellowfin sole TAC is reached.

Proposed Action

    This proposed rule would implement Amendment 116 to the BSAI FMP. 
This proposed rule would establish eligibility criteria for, and a 
process to issue, a new endorsement to groundfish LLP licenses that 
would authorize vessels designated on those licenses and operating in 
the BSAI TLAS yellowfin sole directed fishery to deliver BSAI TLAS 
yellowfin sole catch to a mothership. Regulations at Sec.  679.2 define 
a mothership as a vessel that receives and processes groundfish from 
other vessels. Under this proposed rule, any vessel that meets the 
mothership definition at Sec.  679.2 or has a mothership designation on 
its Federal Fishery Permit, including CPs and stationary floating 
processors, will be considered a mothership for this action. For 
purposes of simplicity, this preamble uses the term ``BSAI TLAS 
yellowfin sole directed fishery endorsement'' to mean an endorsement on 
a groundfish LLP license that would allow the vessel designated on that 
LLP license to deliver its catch of BSAI TLAS yellowfin sole to a 
mothership for processing.
    Under this proposed action, NMFS would issue a BSAI TLAS yellowfin 
sole directed fishery endorsement to a groundfish LLP license with a 
Bering Sea trawl endorsement if: (1) The groundfish LLP license is 
credited with at least one legal trip target landing in the BSAI TLAS 
yellowfin sole directed fishery, and (2) the credited legal trip target 
landing was to a mothership in any one year of the qualifying period 
from 2008 through 2015. If a vessel that made at least one trip target 
landing in the BSAI TLAS directed fishery during the qualifying period 
was designated on more than one groundfish LLP license during the 
qualifying period, the vessel owner would be required to select one 
groundfish LLP license to receive credit with the qualifying landings 
made by that vessel during the qualifying period.
    Where a vessel that made at least one trip target landing in the 
BSAI TLAS directed fishery from 2008 through 2015 was designated on 
more than one groundfish LLP license during the qualifying period, all 
groundfish LLP licenses on which the vessel was designated when it was 
used to make a trip target landing in a BSAI TLAS fishery during the 
qualifying period would be eligible to receive credit with the 
qualifying landings made by the vessel. However, none of these 
groundfish LLP licenses would be credited with a qualifying landing and 
receive an endorsement from NMFS until the vessel owner notifies NMFS 
and identifies which single groundfish LLP license is to be credited 
with the qualifying landing(s).
    Based on the information provided in the Analysis and the official 
record, NMFS has determined that ten groundfish LLP licenses would be 
eligible to be credited with qualifying landing(s) and receive a BSAI 
TLAS yellowfin sole directed fishery endorsement. Two were the sole 
groundfish LLP license on which a vessel that made a qualifying landing 
during the qualifying period was designated. Therefore, under this 
proposed rule, those two groundfish LLP licenses would be credited with 
a qualifying landing and receive a BSAI TLAS directed fishery 
endorsement. The remaining eight eligible groundfish LLP licenses were 
each one of two groundfish LLP licenses designated on a vessel that 
made qualifying landings during the qualifying period; therefore, those 
eight groundfish LLP licenses would be eligible to be credited with a 
qualifying landing and receive an endorsement. For any of those eight 
groundfish LLP licenses to be credited with a qualifying landing and 
receive an endorsement, the vessel owner would be required to select 
one groundfish LLP license that NMFS is to credit with all qualifying 
landings made by that vessel. Up to six of those eight groundfish LLP 
licenses could be credited with a qualifying landing and receive an 
endorsement from NMFS. Therefore, NMFS anticipates that a total of 
eight groundfish LLP licenses could receive a BSAI TLAS yellowfin sole 
directed fishery endorsement under the proposed rule, resulting in up 
to eight vessels that could participate in the BSAI TLAS yellowfin sole 
directed fishery and deliver their catch to a mothership.
    This provision would ensure that in cases where a vessel was 
designated on more than one groundfish LLP license during the 
qualifying period when one or more qualifying BSAI TLAS trip target 
landings were made, only one of those groundfish LLP licenses would be 
credited with the qualifying landing(s). Because NMFS does not require 
vessel owners and operators to specify how specific landings should be 
credited to multiple groundfish LLP licenses on which the same vessel 
was designated, this provision would resolve any disputes that may 
arise about the assignment of specific landings by having the vessel 
owner identify one groundfish LLP license to credit with the qualifying 
landing(s).
    Any vessel designated on a groundfish LLP license with a BSAI TLAS 
yellowfin sole directed fishery endorsement would be authorized to 
deliver catch of BSAI TLAS yellowfin sole in the directed fishery to a 
mothership. This proposed rule would not preclude a vessel with a BSAI 
TLAS yellowfin sole directed fishery endorsement from delivering catch 
of yellowfin sole that is harvested in the BSAI TLAS yellowfin sole 
directed fishery to a shore-based processing plant. This proposed rule 
also would

[[Page 26246]]

not preclude a vessel without a BSAI TLAS yellowfin sole directed 
fishery endorsement from delivering incidental catch of yellowfin sole 
that is caught while participating in other directed fisheries to a 
mothership for processing. For example, a vessel without a BSAI 
yellowfin sole directed fishery endorsement could participate in the 
BSAI TLAS Pacific cod directed fishery and deliver its directed catch 
of Pacific cod with its incidental catch of BSAI TLAS yellowfin sole to 
a mothership, provided that the vessel has met all applicable 
requirements to participate in the BSAI TLAS Pacific cod directed 
fishery and the incidental catch of BSAI TLAS yellowfin sole is at or 
under the maximum retainable amount (MRA) for yellowfin sole. Finally, 
this proposed action would not preclude a vessel from participating as 
a CP and processing its own catch in the BSAI TLAS yellowfin sole 
directed fishery. Under this proposed rule a vessel that does not have 
a BSAI Trawl Limited Access Sector yellowfin sole directed fishery 
endorsement would be prohibited from delivering yellowfin sole 
harvested with trawl gear in the BSAI Trawl Limited Access Sector 
yellowfin sole directed fishery to a mothership, as defined at Sec.  
679.2. The following sections of this preamble describe how NMFS 
proposes to determine a trip target landing, credit qualifying landings 
to a groundfish LLP license, and issue BSAI TLAS yellowfin sole 
directed fishery endorsements.

Determining and Crediting Trip Target Landings

    NMFS can determine which and how many landings, where landing means 
offloading fish (50 CFR 679.2), were made by a vessel designated on a 
specific groundfish LLP license during a particular timeframe. 
Regulations at 50 CFR 679.4(k) require an LLP license holder to 
designate a specific vessel on which the license will be used. This 
requirement allows NMFS to credit landings to a specific LLP license. 
NMFS also collects vessel landings data, which includes information on 
the species and amounts landed. From these data, NMFS has created an 
official record with all relevant information necessary to determine 
legal trip target landings that can be credited to BSAI groundfish LLP 
licenses.
    The official record created by NMFS contains vessel landings data 
and the groundfish LLP licenses to which those landings are credited. 
Evidence of the number and amount of trip target landings of BSAI TLAS 
yellowfin sole is based on legally submitted NMFS weekly production 
reports for CPs and State of Alaska fish tickets for CVs. Historically, 
NMFS has used only these two data sources to determine the specific 
amount and location of landings, and NMFS proposes to continue to do so 
under this action. The official record includes the records of specific 
groundfish LLP licenses, including vessels designated on them, and 
other relevant information necessary to credit landings to specific 
groundfish LLP licenses. NMFS presumes the official record is correct, 
and a person wishing to challenge the presumptions in the official 
record would bear the burden of proof through an evidentiary and 
appeals process.
    In order for a groundfish LLP license to receive a BSAI TLAS 
yellowfin sole directed fishery endorsement and be authorized to 
conduct directed fishing for BSAI TLAS yellowfin sole and deliver that 
catch to a mothership, NMFS would first have to determine that the 
groundfish LLP license is an eligible license and then would have to 
determine that the eligible license can be credited with one or more 
qualifying landings. Under this proposed rule, NMFS would identify as 
eligible those groundfish LLP licenses with a Bering Sea trawl 
endorsement and those vessels using trawl gear operating under the 
authority of that groundfish LLP license when (1) the vessel was used 
to make a trip target landing in the BSAI TLAS yellowfin sole directed 
fishery during any year from 2008 through 2015 and (2) the catch from 
that trip target landing of BSAI TLAS yellowfin sole was delivered to a 
mothership for processing.
    Based on the official record, NMFS has identified ten groundfish 
LLP licenses that would be eligible to be credited with qualifying 
landings. Two of these eligible groundfish LLP licenses were the sole 
groundfish LLP license on which a given vessel was designated at the 
time the vessel made qualifying landings of BSAI TLAS yellowfin sole. 
Therefore, NMFS would credit these two groundfish LLP licenses with the 
qualifying landings under this proposed rule. NMFS proposes to list 
these two groundfish LLP licenses in Table 52 to part 679. The 
remaining eight eligible groundfish LLP licenses were not the sole 
groundfish LLP license on which a given vessel was designated at the 
time the vessel made at least one trip target in the BSAI TLAS fishery 
during the qualifying period. Because this proposed rule would require 
in such cases that the vessel owner specify one groundfish LLP license 
to receive credit with the qualified landing(s) made by that vessel, 
NMFS would not be able to credit these groundfish LLP licenses until 
NMFS receives notification from the vessel owner which groundfish LLP 
license should be credited with the qualifying landing(s). NMFS 
proposes to list in Table 53 to part 679 the eight groundfish LLP 
licenses that would be eligible for, but would not be credited with, 
qualifying landings until notification from the vessel owner is 
received by NMFS. The proposed notification process is described in the 
following section.
    The groundfish LLP licenses identified in proposed Tables 52 and 53 
to 50 CFR part 679 represent the groundfish LLP licenses that NMFS has 
determined would be eligible for an endorsement at this time. 
Additional groundfish LLP licenses may qualify for an endorsement 
through the proposed administrative adjudicative process described 
below. NMFS is proposing to list the groundfish LLP licenses it has 
determined are eligible to receive the BSAI TLAS yellowfin sole 
directed fishery endorsement to help facilitate the ability of the 
public to review their catch records and determine if additional 
groundfish LLP licenses may be eligible to receive the endorsement. 
NMFS specifically requests public comment on the groundfish LLP 
licenses listed in proposed Tables 52 and 53 to part 679.
    If a holder of a groundfish LLP license believes the groundfish LLP 
license would meet the eligibility criteria, but the license is not 
listed in proposed Tables 52 or 53 to part 679, or if a license holder 
disagrees with the groundfish LLP license to which NMFS would assign 
the BSAI TLAS yellowfin sole directed fishery endorsement, the holder 
would have the opportunity to challenge NMFS' determination as 
described in the following section of the preamble.

Proposed Process for Issuing BSAI TLAS Yellowfin Sole Directed Fishery 
Endorsements

    NMFS has determined the groundfish LLP licenses identified in 
proposed Table 52 can be credited with qualifying landings based on the 
official record and would receive a BSAI TLAS yellowfin sole 
endorsement under Amendment 116 and this proposed rule. If Amendment 
116 is approved and this proposed rule is finalized, NMFS would issue a 
notification of eligibility and a revised groundfish LLP license with a 
BSAI TLAS yellowfin sole directed fishery endorsement to the holders of 
the groundfish LLP licenses identified in proposed Table 52, using the 
address on record at the time the notification is sent.
    NMFS has determined the groundfish LLP licenses identified in 
proposed

[[Page 26247]]

Table 53 are eligible to be credited with qualifying landings based on 
the official record. However, the vessels that made qualifying landings 
while designated on these groundfish LLP licenses were designated on 
more than one groundfish LLP license during the qualifying period. 
Therefore, none of the groundfish LLP licenses in proposed Table 53 can 
be credited with qualifying landings until the owner of the vessel 
designated on those groundfish LLP licenses identifies which groundfish 
LLP license is to be credited with the qualifying landings. Under this 
proposed rule, NMFS would mail the vessel owner a notification of 
eligibility for those groundfish LLP licenses, using the address on 
record at the time the notification is sent. The notice would ask the 
vessel owner to submit to NMFS a written request to credit the 
qualifying landings, in accordance with proposed regulations at Sec.  
679.4(k)(14)(v)(F), to one groundfish LLP license selected by the 
vessel owner from the list of eligible groundfish LLP licenses provided 
by NMFS in the notice. NMFS would also send a notification of 
eligibility to the holders of each of those groundfish LLP licenses 
identified in proposed Table 53 using the address on record at the time 
the notification is sent. NMFS would issue a revised groundfish LLP 
license with a BSAI TLAS yellowfin sole directed fishery endorsement to 
the holder of the groundfish LLP license selected by the vessel owner 
in the written request to NMFS. NMFS would also send a notification to 
the holder of the groundfish LLP license not selected by the vessel 
owner to be credited with qualifying landings, using the address on 
record at the time the notification is sent, informing the holder that 
the groundfish LLP license was not credited with a qualifying landing 
and would not receive a BSAI TLAS yellowfin sole endorsement. NMFS 
would provide a single, 30-day evidentiary period from the date that 
notification is sent for a groundfish LLP license holder to submit any 
information or evidence to demonstrate that the information contained 
in the official record is inconsistent with the holder's records.
    For all those groundfish LLP licenses with a Bering Sea trawl 
designation, but not listed in either proposed Table 52 or 53, NMFS 
would notify the holders that the groundfish LLP license is not 
eligible for a BSAI TLAS yellowfin sole directed fishery endorsement 
based on the official record, using the address on record at the time 
the notification is sent. NMFS would provide the holder with an 
opportunity to submit information to NMFS to rebut the official record. 
NMFS would provide a single, 30-day evidentiary period from the date 
that notification is sent for a groundfish LLP license holder to submit 
any information or evidence to demonstrate that the information 
contained in the official record is inconsistent with the holder's 
records.
    Under this proposed rule, a groundfish 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 would not accept claims that are inconsistent with the 
official record, unless they are supported by clear, written 
documentation. NMFS would evaluate all additional information or 
evidence submitted within the 30-day evidentiary period. If NMFS 
determines that the additional information or evidence proves that the 
groundfish LLP license holder's claims are correct, NMFS would amend 
the official record in accordance with that information or evidence. 
However, if, after the 30-day evidentiary period, NMFS determines that 
the additional information or evidence does not prove that the 
groundfish LLP license holder's claims were correct, NMFS would deny 
the claim. NMFS would notify the applicant that the additional 
information or evidence did not meet the burden of proof to overcome 
the official record through an initial administrative determination 
(IAD).
    NMFS' IAD would indicate the deficiencies and discrepancies in the 
information or evidence submitted in support of the claim. NMFS' IAD 
would indicate which claims could not be approved based on the 
available information or evidence, and provide information on how an 
applicant could appeal an IAD. The former procedure for appealing an 
IAD to the NMFS' Alaska Office of Administrative Appeals was described 
at Sec.  679.43. However, NMFS has centralized the appeals process in 
the National Appeals Office, which operates out of NMFS' headquarters 
in Silver Spring, MD. The National Appeals Office is now charged with 
processing appeals that were filed with the Office of Administrative 
Appeals, Alaska Region. The procedure for appealing an IAD through the 
National Appeals Office is at 15 CFR part 906 (79 FR 7056, February 6, 
2014). During the pendency of an administrative adjudication leading to 
a final agency action, NMFS would issue an interim (temporary, non-
transferable) license to an applicant who was authorized to participate 
in the fishery in the year before the IAD is issued and who makes a 
credible claim to eligibility for a BSAI TLAS yellowfin sole fishery 
endorsement. An applicant who was issued a license the previous year 
would be eligible for a non-transferable interim license pending the 
resolution of his or her claim pursuant to the license renewal 
provisions of 5 U.S.C. 558. The non-transferable, interim license would 
authorize the applicant to deliver BSAI TLAS yellowfin sole to a 
mothership for processing and would be effective until final agency 
action on the appeal. At that time, the person who appealed would 
receive either a transferable license with the endorsement or a 
transferrable license without the endorsement, depending on the final 
agency action.
    The following provides a brief summary of the regulatory changes 
that would be made by this proposed rule.
    This proposed rule would add Sec.  679.4(k)(14) to include the 
provisions that are necessary to qualify for, and receive, a BSAI TLAS 
yellowfin sole directed fishery endorsement.
    This proposed rule would add Sec.  679.7(i)(11) to prohibit the 
delivery of yellowfin sole harvested with trawl gear in the BSAI TLAS 
directed fishery to a mothership without a copy of a valid LLP with a 
BSAI TLAS yellowfin sole directed fishery endorsement except as 
provided in Sec.  679.4(k)(2). Section 679.4(k)(2) lists the specific 
conditions under which vessels are not required to be designated on LLP 
licenses to harvest groundfish. None of the vessels currently exempted 
from the requirements to be designated on an LLP license under Sec.  
679.4(k)(2) participate in the BSAI TLAS yellowfin sole directed 
fishery.
    This proposed rule would add Table 52 to part 679 to list those 
groundfish LLP licenses that NMFS has determined would be eligible, 
would be credited with qualifying landings, and would receive a BSAI 
TLAS yellowfin sole directed fishery endorsement under this proposed 
rule.
    This proposed rule would also add Table 53 to part 679. Table 53 
would list those pairs of groundfish LLP licenses that NMFS has 
determined would be eligible to be credited with qualifying landings, 
such that each pair was designated on the same vessel that made the 
qualifying landings. Because only one groundfish LLP license could be 
credited with the qualifying landings, the owner of the vessel 
designated on the pair of groundfish LLP licenses would notify NMFS 
which one groundfish LLP license of the pair should be credited with 
the qualifying landings. Upon receipt of the written notification from 
the vessel owner, NMFS would credit the qualifying

[[Page 26248]]

landings to the one groundfish LLP license of the pair selected by the 
vessel owner and issue it a BSAI TLAS yellowfin sole directed fishery 
endorsement.

Classification

    Pursuant to sections 304(b) and 305(d) of the Magnuson-Stevens Act, 
the NMFS Assistant Administrator has determined that this proposed rule 
is consistent with Amendment 116, the BSAI FMP, other provisions of the 
Magnuson-Stevens Act, and other applicable law, subject to further 
consideration of comments received during the public comment period.
    This proposed rule has been determined to be not significant for 
the purposes of Executive Order 12866.

Regulatory Impact Review (RIR)

    An 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 116 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 section.

Initial Regulatory Flexibility Analysis (IRFA)

    This IRFA was prepared for this proposed rule, as required by 
section 603 of the Regulatory Flexibility Act (RFA), to describe why 
this action is being proposed; the objectives and legal basis for the 
proposed rule; the number of small entities to which the proposed rule 
would apply; any projected reporting and recordkeeping requirements of 
the proposed rule; any overlapping, duplicative, or conflicting Federal 
rules; and any significant alternatives to the proposed rule that would 
accomplish the stated objectives, consistent with applicable statutes, 
and that would minimize any significant adverse economic impacts of the 
proposed rule on small entities. Descriptions of the proposed action, 
its purpose, and the legal basis are contained earlier in this preamble 
and are not repeated here.
Number and Description of Small Entities Regulated by This Proposed 
Action
    The directly regulated entities under this proposed rule are (1) 
holders of groundfish LLP licenses that authorize a vessel designated 
on the LLP license to harvest groundfish using trawl gear in the Bering 
Sea and (2) vessel owners that must choose one of two LLP licenses on 
which the vessel was designated during the qualifying period. Based on 
the best available and most recent complete data from 2008 through 
2017, 163 groundfish LLP license holders and five vessel owners would 
be directly regulated by this proposed action.
    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 receipts not in excess of $11 million for all its 
affiliated operations worldwide.
    The RFA requires consideration of affiliations between entities for 
the purpose of assessing whether an entity is classified as small. The 
AFA pollock and Amendment 80 cooperatives are types of affiliation 
between entities. All of the AFA and Amendment 80 cooperatives have 
gross annual revenues that are substantially greater than $11 million. 
Therefore, NMFS considers members in these cooperatives ``affiliated'' 
large (non-small) entities for RFA purposes.
    Of the 163 groundfish LLP license holders directly regulated by the 
proposed action, 128 were members of an AFA cooperative and 26 were 
members of an Amendment 80 cooperative in 2017. Therefore, NMFS 
considers those 154 groundfish LLP license holders to be ``affiliated'' 
large (non-small) entities for RFA purposes. All of the groundfish LLP 
licenses with designated vessels that participated in the BSAI TLAS 
yellowfin sole directed fishery and delivered catch to a mothership 
from 2008 through 2017 were affiliated with either an AFA or an 
Amendment 80 cooperative in 2017. NMFS therefore considers these LLP 
license holders to be ``affiliated'' large (non-small) entities for RFA 
purposes. The remaining nine groundfish LLP license holders are not 
affiliated with AFA or Amendment 80 cooperatives and are assumed to be 
small entities directly regulated by this action for purposes of the 
RFA. All five vessel owners who are considered regulated entities under 
this proposed rule were affiliated with either an AFA pollock or an 
Amendment 80 cooperative in 2017. Therefore, NMFS considers them 
``affiliated'' large (non-small) entities for RFA purposes. This IRFA 
assumes that each vessel owner and each groundfish LLP license holder 
is a unique entity; therefore, the total number of directly regulated 
entities may be an overestimate because some vessel owners and 
groundfish LLP license holders are likely affiliated through common 
ownership. These potential affiliations are not known with the best 
available data and cannot be predicted.
Impacts of This Action on Small Entities
    Under this proposed rule, access to the BSAI TLAS yellowfin sole 
directed fishery by vessels that deliver their BSAI TLAS yellowfin sole 
directed fishery catch to a mothership for processing would be limited 
to only those vessels designated on a groundfish LLP license with a 
BSAI TLAS yellowfin sole directed fishery endorsement. However, no 
small entities would qualify to hold a groundfish LLP license with such 
an endorsement. None of the nine LLP license holders who are considered 
small entities regulated under this proposed rule are expected to be 
adversely impacted by this proposed rule. Based on a review of fishery 
data from 2008 through 2017, none of those nine groundfish LLP licenses 
had designated on it a vessel that delivered BSAI TLAS yellowfin sole 
directed fishery catch to a mothership for processing. This proposed 
rule would not limit existing delivery patterns by vessels designated 
on those nine LLP licenses. This proposed rule would limit the future 
opportunity for the holders of these nine LLP licenses to deliver BSAI 
TLAS yellowfin sole directed fishery catch to a mothership for 
processing. The lack of any quantitative data on potential future 
delivery patterns makes it impossible to rigorously assess the expected 
economic impact of limiting these nine LLP license holders from future 
deliveries of BSAI TLAS yellowfin sole directed fishery catch to a 
mothership for processing.
Description of Significant Alternatives Considered
    The RFA requires identification of any significant alternatives to 
the proposed rule that accomplish the stated objectives of the proposed 
action, consistent with applicable statutes, and that would minimize 
any significant economic impact of the proposed rule on small entities. 
The Council considered a status quo alternative and one action 
alternative with several options and suboptions. The combination of 
options and suboptions under the action alternative provided a 
reasonable range of potential alternative approaches to status quo 
management.
    Under the status quo, there would be a risk of continued increasing 
harvest

[[Page 26249]]

effort resulting in shorter fishing seasons and higher halibut PSC 
rates. The action alternative would accomplish the stated objectives of 
prioritizing a portion of the BSAI TLAS yellowfin sole TAC for harvest 
by historic participants that deliver their catch to motherships for 
processing and maintaining a steady fishing pace and season duration, 
while minimizing adverse economic impacts on small entities and the 
potential for increasing harvest effort that shortens fishing seasons 
and increases Pacific halibut PSC rates. The action alternative does 
not affect any sector's BSAI TLAS yellowfin sole allocation or the BSAI 
TLAS yellowfin sole TAC.
    The Council considered a range of dates, varying levels of 
participation, and a suite of mechanisms to provide greater harvesting 
and processing opportunities for CVs to deliver to offshore processors 
during periods of high BSAI yellowfin sole TAC. The Council recommended 
the proposed combination of dates and participation level to relieve 
the recent increase in harvest pressure and rate and give historic 
fishery participants sufficient opportunity to harvest and deliver BSAI 
TLAS yellowfin sole to motherships without increasing the risk of 
shorter fishing seasons and higher Pacific halibut PSC rates.
    The Council and NMFS considered two alternatives. Alternative 1, 
the no action alternative, would not limit access by catcher vessels to 
the offshore BSAI TLAS yellowfin sole directed fishery. Alternative 2 
would limit access by CVs to the offshore BSAI TLAS yellowfin sole 
directed fishery.
    Under Alternative 2, two options with four and eight suboptions, 
respectively, were considered. The suboptions under Option 1 would 
limit access to the fishery to CVs with qualifying deliveries to a 
mothership from 2008 through 2015 in either any one or any two years or 
from 2008 through 2016 in either any one or any two years. Suboptions 
under Option 2.1 would allow all CVs with BSAI trawl endorsements 
access to the fishery when the TAC assigned to the BSAI TLAS is equal 
to or greater than an amount in a range of suboptions from 15,000 mt 
through 30,000 mt. Suboptions under Option 2.2 would limit access to 
the fishery by CVs that do not meet landings qualifications under 
Option 1 to a portion of the BSAI TLAS yellowfin sole TAC equal to or 
greater than an amount in a range of suboptions from 15,000 mt through 
30,000 mt. The combination of options and suboptions under Alternative 
2 provided the Council and NMFS with a broad range of alternative 
policy considerations relative to the no action alternative 
(Alternative 1). The proposed rule incorporates the preferred option 
and suboption under Alternative 2 which would limit access to the 
fishery to CVs with qualifying deliveries to a mothership from 2008 
through 2015 in any one year, because that combination would best 
prevent increased catcher vessel participation from reducing the 
benefits the fishery provides to historic and recent participants, 
mitigate the risk that a ``race for fish'' could develop, and help to 
maintain the consistently low rates of halibut bycatch in the BSAI TLAS 
yellowfin sole directed fishery.
Federal Rules That May Duplicate, Overlapping, or Conflict With the 
Proposed Action
    No duplication, overlap, or conflict between this proposed action 
and existing Federal rules has been identified.
Projected Recordkeeping and Reporting Requirements
    This proposed rule does not add additional reporting or 
recordkeeping requirements for the vessels that choose to submit an 
appeal. An appeal process exists for LLP license endorsement issuance. 
No small entity is subject to reporting requirements that are in 
addition to or different from the requirements that apply to all 
directly regulated entities. No unique professional skills are needed 
for the LLP license or vessel owners or operators to comply with the 
reporting and recordkeeping requirements associated with this proposed 
rule. This proposed rule would not implement or increase any fees that 
NMFS collects from directly regulated entities. The Analysis prepared 
for this action identifies no operational costs of the endorsement (see 
ADDRESSES).

Collection-of-Information Requirements

    This proposed rule contains collection-of-information requirements 
subject to review and approval by the Office of Management and Budget 
(OMB) under the Paperwork Reduction Act. These requirements have been 
submitted to OMB for approval under a temporary new information 
collection, to be merged after approval with OMB Control Number 0648-
0334. The public reporting burden for the collection-of-information 
requirements in this proposed rule is estimated to average two hours 
per response for a one-time Election to Assign Qualifying Landings to 
an LLP license and 4 hours per response to submit an appeal, which 
includes the time for reviewing instructions, searching existing data 
sources, gathering and maintaining the data needed, and completing and 
reviewing the collection of information.
    Public comment is sought regarding (1) whether this proposed 
collection of information is necessary for the proper performance of 
the functions of the agency, including whether the information shall 
have practical utility; (2) the accuracy of the burden estimate; (3) 
ways to enhance the quality, utility, and clarity of the information to 
be collected; and (4) ways to minimize the burden of the collection of 
information, including through the use of automated collection 
techniques or other forms of information technology. Send comments on 
these or any other aspects of the collection of information to NMFS 
Alaska Region at the ADDRESSES above, and by email to 
[email protected] or fax to (202) 395-5806.
    Notwithstanding any other provision of law, no person is required 
to respond to, and no person shall be subject to penalty for failure to 
comply with, a collection of information subject to the requirements of 
the PRA, unless that collection of information displays a currently 
valid OMB control number. All currently approved NOAA collections of 
information may be viewed at http://www.cio.noaa.gov/services_programs/prasubs.html.

List of Subjects in 50 CFR Part 679

    Alaska, Fisheries, Reporting and recordkeeping requirements.

    Dated: May 31, 2018.
Samuel D. Rauch, III,
Deputy Assistant Administrator for Regulatory Programs, National Marine 
Fisheries Service.
    For reasons set out in the preamble, 50 CFR part 679 is proposed to 
be amended as follows:

PART 679--FISHERIES OF THE EXCLUSIVE ECONOMIC ZONE OFF ALASKA

0
1. The authority citation for part 679 continues to read as follows:

    Authority: 16 U.S.C. 773 et seq.; 1801 et seq.; 3631 et seq.; 
Pub. L. 108-447; Pub. L. 111-281.

0
2. In Sec.  679.4, add paragraph (k)(14) to read as follows:


Sec.  679.4   Permits.

* * * * *
    (k) * * *
    (14) Yellowfin sole trawl limited access sector (TLAS) directed 
fishery endorsement in the BSAI--(i) General. In addition to other 
requirements of this part, and unless specifically exempted in 
paragraph (k)(2) of this section, a

[[Page 26250]]

vessel must be designated on a groundfish LLP license that has a BSAI 
TLAS yellowfin sole directed fishery endorsement in order to conduct 
directed fishing for yellowfin sole with trawl gear in the BSAI Trawl 
Limited Access Sector fishery and deliver the catch to a mothership as 
defined at Sec.  679.2. A vessel designated on a groundfish LLP license 
with trawl and catcher/processor vessel designations and a BSAI TLAS 
yellowfin sole directed fishery endorsement may operate as a catcher 
vessel and deliver its catch of yellowfin sole harvested in the 
directed BSAI TLAS fishery to a mothership, or operate as a catcher/
processor and catch and process its own catch in this fishery.
    (ii) Eligibility requirements for a BSAI TLAS yellowfin sole 
directed fishery endorsement.
    (A) A groundfish LLP license is eligible to receive a BSAI TLAS 
yellowfin sole directed fishery endorsement if the groundfish LLP 
license:
    (1) Had a vessel designated on it, in any year from 2008 through 
2015, that made at least one legal trip target landing of yellowfin 
sole in the BSAI TLAS directed fishery to a mothership as defined at 
Sec.  679.2 in any one year from 2008 through 2015, inclusive, where a 
trip target is the groundfish species for which the retained amount of 
that groundfish species is greater than the retained amount of any 
other groundfish species for that trip;
    (2) Has a Bering Sea area endorsement and a trawl gear designation; 
and
    (3) Is credited by NMFS with a legal trip target landing specified 
in paragraph (k)(14)(ii)(A)(1) of this section.
    (B) If a vessel specified in paragraph (k)(14)(ii)(A)(1) of this 
section was designated on more than one groundfish LLP license from 
2008 through 2015 and made at least one legal trip target landing in a 
BSAI TLAS directed fishery from 2008 through 2015, the vessel owner 
must specify to NMFS only one of those groundfish LLP licenses to 
receive credit with the legal trip target landing(s) specified in 
paragraph (k)(14)(ii)(A)(1) of this section.
    (iii) Explanations for BSAI TLAS yellowfin sole directed fishery 
endorsement.
    (A) NMFS will determine whether a groundfish LLP license is 
eligible to receive a BSAI TLAS yellowfin sole directed fishery 
endorsement under paragraph (k)(14)(ii) of this section based only on 
information contained in the official record described in paragraph 
(k)(14)(v) of this section.
    (B) NMFS will credit a groundfish LLP license with a legal trip 
target landing specified in paragraph (k)(14)(ii)(A)(1) of this section 
if that groundfish LLP license was the only groundfish LLP license on 
which the vessel was designated from 2008 through 2015. If a vessel 
that made at least one legal trip target landing specified in paragraph 
(k)(14)(ii)(A)(1) of this section was designated on more than one 
groundfish LLP license from 2008 through 2015 and made at least one 
legal trip target landing in a BSAI TLAS directed fishery from 2008 
through 2015, the vessel owner must notify NMFS which one of those 
groundfish LLP licenses NMFS is to credit with the legal trip target 
landing(s) specified in paragraph (k)(14)(ii)(A)(1) of this section.
    (C) Trip target landings will be determined based on round weight 
equivalents.
    (iv) Exemptions to BSAI TLAS yellowfin sole endorsements. Any 
vessel exempted from the License Limitation Program at paragraph (k)(2) 
of this section is exempted from the requirement to have a BSAI TLAS 
yellowfin sole endorsement to deliver catch of BSAI TLAS yellowfin sole 
to a mothership for processing.
    (v) BSAI TLAS yellowfin sole participation official record.
    (A) The official record will contain all information used by the 
Regional Administrator that is necessary to administer the requirements 
described in paragraph (k)(14) of this section.
    (B) The official record is presumed to be correct. A groundfish LLP 
license holder has the burden to prove otherwise.
    (C) Only legal landings as defined in Sec.  679.2 and documented on 
State of Alaska fish tickets or NMFS weekly production reports will be 
used to determine legal trip target landings under paragraph 
(k)(14)(ii)(A)(1) of this section.
    (vi) Process for issuing BSAI TLAS yellowfin sole endorsements.
    (A) NMFS will issue to the holder of each groundfish LLP license 
endorsed to use trawl gear in the Bering Sea and designated in Column A 
of Table 52 to this part a notice of eligibility to receive a BSAI TLAS 
yellowfin sole directed fishery endorsement and a revised groundfish 
LLP license with a BSAI TLAS yellowfin sole directed fishery 
endorsement.
    (B) NMFS will issue to the holder of each groundfish LLP license 
endorsed to use trawl gear in the Bering Sea and designated in Column A 
of Table 53 to this part a notice of eligibility to be credited with a 
legal trip target landing specified in (k)(14)(ii)(A)(1) of this 
section.
    (1) NMFS will also issue to the owner of the vessel designated on 
the groundfish LLP licenses in Column A of Table 53 a notice of 
eligibility for the two listed groundfish LLP licenses to be credited 
with a legal trip target landing specified in (k)(14)(ii)(A)(1) of this 
section. The notice to the vessel owner will provide instructions for 
the vessel owner to select the one groundfish LLP license that NMFS is 
to credit with the legal trip target landing specified in 
(k)(14)(ii)(A)(1) of this section.
    (2) The holder of a groundfish LLP license in Column A of Table 53 
will receive a revised groundfish LLP license with a BSAI TLAS 
yellowfin sole directed fishery endorsement if:
    (i) The owner of the vessel designated on the groundfish LLP 
license requests in writing that NMFS credit that groundfish LLP 
license with the legal trip target landing specified in paragraph 
(k)(14)(ii)(A)(1) of this section;
    (ii) The vessel owner, or the authorized agent, signs the request;
    (iii) The written request is submitted to NMFS using one of the 
following methods: Mail at Regional Administrator, c/o Restricted 
Access Management Program, NMFS, P.O. Box 21668, Juneau, AK 99802-1668; 
fax at 907-586-7352; or hand delivery or carrier at NMFS, Room 713, 709 
West 9th Street, Juneau, AK 99801.
    (iv) NMFS receives the written request and credits the groundfish 
LLP license with the legal trip target landing specified in paragraph 
(k)(14)(ii)(A)(1) of this section; and
    (3) The holder of a groundfish LLP license in Column A of Table 53 
that is not selected by the vessel owner will receive a notice, using 
the address on record at the time the notification is sent, informing 
the holder that the groundfish LLP license was not selected by the 
vessel owner, will not be credited with a legal trip target landing, 
and will not receive a BSAI TLAS yellowfin sole endorsement. The notice 
will inform the holder of the groundfish LLP license of the timing and 
process through which the holder can provide additional information or 
evidence to amend or challenge the information in the official record 
of this section as specified in paragraphs (k)(14)(ii)(D) and (E) of 
this section.
    (C) NMFS will issue to the holder of a groundfish LLP license with 
a Bering Sea trawl designation and that is not listed in either 
proposed Table 52 or 53 a notice informing that holder that the 
groundfish LLP license is not eligible to be credited with a legal trip 
target

[[Page 26251]]

landing or receive a BSAI TLAS yellowfin sole directed fishery 
endorsement based on the official record, using the address on record 
at the time the notification is sent. The notice specified in paragraph 
(k)(14)(ii)(C) will inform the holder of the groundfish LLP license of 
the timing and process through which the holder can provide additional 
information or evidence to amend or challenge the information in the 
official record of this section, as specified in paragraphs 
(k)(14)(ii)(D) and (E) of this section.
    (D) The Regional Administrator will specify by letter a 30-day 
evidentiary period during which an applicant may provide additional 
information or evidence to amend or challenge the information in the 
official record. A person will be limited to one 30-day evidentiary 
period. Additional information or evidence received after the 30-day 
evidentiary period specified in the letter has expired will not be 
considered for purposes of the initial administrative determination 
(IAD).
    (E) The Regional Administrator will prepare and send an IAD to the 
applicant following the expiration of the 30-day evidentiary period, if 
the Regional Administrator determines that the information or evidence 
provided by the person fails to support the person's claims and is 
insufficient to rebut the presumption that the official record is 
correct, or if the additional information, evidence, or revised 
application is not provided within the time period specified in the 
letter that notifies the applicant of his or her 30-day evidentiary 
period. The IAD will indicate the deficiencies with the information or 
evidence submitted. The IAD will also indicate which claims cannot be 
approved based on the available information or evidence. A person who 
receives an IAD may appeal pursuant to 15 CFR part 906. NMFS will issue 
a non-transferable interim license that is effective until final agency 
action on the IAD to an applicant who avails himself or herself of the 
opportunity to appeal an IAD and who has a credible claim to 
eligibility for a BSAI TLAS yellowfin sole endorsement.
* * * * *
0
3. In Sec.  679.7, add paragraph (i)(11) to read as follows;


Sec.  679.7   Prohibitions.

* * * * *
    (i) * * *
    (11) Prohibitions specific to the BSAI Trawl Limited Access Sector 
yellowfin sole directed fishery. Deliver yellowfin sole harvested with 
trawl gear in the BSAI Trawl Limited Access Sector yellowfin sole 
directed fishery to a mothership as defined at Sec.  679.2 without a 
legible copy of a valid groundfish LLP license with a BSAI Trawl 
Limited Access Sector yellowfin sole directed fishery endorsement, 
except as provided in Sec.  679.4(k)(2).
* * * * *
0
4. Add Table 52 to part 679 to read as follows:

 Table 52 to Part 679--Groundfish LLP Licenses Eligible for a BSAI Trawl
    Limited Access Sector Yellowfin Sole Directed Fishery Endorsement
                   [X indicates that Column A applies]
------------------------------------------------------------------------
                      Column A                             Column B
------------------------------------------------------------------------
                                                       Is eligible under
                                                            50 CFR
                                                       679.4(k)(14)(ii)
                                                       to be assigned an
       The Holder of Groundfish License Number          Endorsement for
                                                        the BSAI Trawl
                                                        Limited Access
                                                       Sector Yellowfin
                                                         Sole Fishery
------------------------------------------------------------------------
LLG 3944............................................                  X
LLG 2913............................................                  X
------------------------------------------------------------------------

0
5. Add Table 53 to part 679 to read as follows:

  Table 53 to Part 679--Groundfish LLP Licenses that Require Qualified
   Landings Assignment to be Eligible for a BSAI Trawl Limited Access
           Sector Yellowfin Sole Directed Fishery Endorsement
                   [X indicates that Column A applies]
------------------------------------------------------------------------
                      Column A                             Column B
------------------------------------------------------------------------
                                                       The owner of the
                                                       vessel designated
                                                      on the pair of LLP
                                                      licenses in Column
                                                      A must notify NMFS
   A single vessel was designated on the following     which LLP license
     pairs of groundfish LLP licenses during the       from each pair in
       qualifying period identified in 50 CFR          Column A is to be
               679.4(k)(14)(ii)(A)(1)                    credited with
                                                          qualifying
                                                       landing(s) under
                                                         50 CFR 679.4
                                                        (k)(14)(vi)(2)
------------------------------------------------------------------------
LLG 3838 and LLG 2702...............................                  X
LLG 3902 and LLG 3826...............................                  X
LLG 3714 and LLG 1667...............................                  X
LLG 1820 and LLG 3741...............................                  X
LLG 3741 and LLG 3714...............................                  X
------------------------------------------------------------------------

[FR Doc. 2018-12034 Filed 6-5-18; 8:45 am]
BILLING CODE 3510-22-P