[Federal Register Volume 83, Number 119 (Wednesday, June 20, 2018)]
[Proposed Rules]
[Pages 28604-28606]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-13249]


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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; Correction

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

ACTION: Proposed rule; request for comments; correction.

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SUMMARY: NMFS is correcting a proposed rule that published on June 6, 
2018, that 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. Two paragraphs in the preamble and two 
tables in the proposed regulatory text contained errors.

DATES: Comments on the proposed rule must be submitted 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:
     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,

[[Page 28605]]

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.

SUPPLEMENTARY INFORMATION: NMFS published a proposed rule to implement 
Amendment 116 to the Fishery Management Plan for Groundfish of the 
Bering Sea and Aleutian Islands Management Area (BSAI FMP) on June 6, 
2018 (83 FR 26237). If approved, Amendment 116 would limit access to 
the BSAI TLAS yellowfin sole directed fishery by vessels that deliver 
their catch of yellowfin sole to motherships for processing. This 
proposed rule would (1) establish eligibility criteria based on 
historical participation in the BSAI TLAS yellowfin sole directed 
fishery, (2) issue an endorsement to those groundfish License 
Limitation Program (LLP) licenses that meet the eligibility criteria, 
and (3) 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. The public 
comment period for the proposed rule ends on July 6, 2018.

Need for Correction

    Proposed Table 52 in the proposed rule incorrectly identifies the 
groundfish LLP licenses that would be eligible to be credited with 
qualifying landings and receive an endorsement that allows catcher 
vessels to deliver BSAI TLAS yellowfin sole to a mothership. Proposed 
Table 53 incorrectly identifies the groundfish LLP licenses that would 
be eligible for, but would not be credited with, qualifying landings 
and thus would not receive a BSAI TLAS yellowfin sole catcher vessel 
directed fishery endorsement to deliver to a mothership until 
notification from the vessel owner is received by NMFS. Two paragraphs 
in the preamble to the proposed rule that describe these eligible 
groundfish LLP licenses incorrectly identified the number of groundfish 
LLP licenses that would be eligible to be credited with qualifying 
landings and receive a BSAI TLAS yellowfin sole catcher vessel directed 
fishery endorsement. These corrections are necessary because the 
proposed rule, if approved as published, would result in a total of 
seven groundfish LLP licenses that would receive a BSAI TLAS yellowfin 
sole directed fishery endorsement. However, NMFS has determined that a 
total of eight groundfish LLP licenses would receive a BSAI TLAS 
yellowfin sole directed fishery endorsement.
    Based on the information provided in the analysis and the official 
record, NMFS has determined that 10 groundfish LLP licenses would be 
eligible to be credited with qualifying landing(s) and receive a BSAI 
TLAS yellowfin sole directed fishery endorsement. Six of these 
groundfish LLP licenses, rather than two as published in the proposed 
rule on June 6, 2018, would be immediately eligible to be credited with 
a qualifying landing and receive the endorsement (groundfish LLP 
licenses 3741, 3944, 2913, 1667, 3714, and 1820). Therefore, under this 
proposed rule, those six groundfish LLP licenses would be credited with 
a qualifying landing and receive a BSAI TLAS directed fishery 
endorsement. The remaining four eligible groundfish LLP licenses 
(groundfish LLP licenses 3838, 2702, 3902, and 3826), rather than eight 
as published in the proposed rule on June 6, 2018, were each one of two 
groundfish LLP licenses designated on a vessel that made qualifying 
landings during the qualifying period; therefore, those four groundfish 
LLP licenses would be eligible to be credited with a qualifying landing 
and receive an endorsement. For any of those four 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 two of those four 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.

Correction

    In the proposed rule, published on June 6, 2018 (83 FR 26237), the 
following corrections are made:
    1. On page 26245, beginning in column 2, the last paragraph is 
corrected to read as follows:
    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. Six of these were the 
sole groundfish LLP license designated on a vessel in a given year 
during the qualifying period, for those vessels that made a qualifying 
landing. Therefore, under this proposed rule, those six groundfish LLP 
licenses would be credited with a qualifying landing and receive a BSAI 
TLAS directed fishery endorsement. The remaining four 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 four groundfish LLP licenses would 
be eligible to be credited with a qualifying landing and receive an 
endorsement. For any of those four 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 two of those four 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

[[Page 28606]]

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.
    2. On page 26246, beginning in column 2, the last paragraph is 
corrected to read as follows:
    Based on the official record, NMFS has identified ten groundfish 
LLP licenses that would be eligible to be credited with qualifying 
landings. Six 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 six groundfish LLP licenses with the 
qualifying landings under this proposed rule. NMFS proposes to list 
these six groundfish LLP licenses in Table 52 to part 679. The 
remaining four 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 four 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.
    3. On page 26251, column 2, is corrected to correctly identify the 
groundfish LLP licenses that are eligible to be assigned an endorsement 
for the BSAI Trawl Limited Access Sector yellowfin sole fishery.
    Table 52 is corrected and reprinted in its entirety 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
------------------------------------------------------------------------
The Holder of Groundfish License No......         Is eligible Under 50 CFR
                                                 679.4(k)(14)(ii) to be
                                            assigned an Endorsement for
                                           the BSAI Trawl Limited Access
                                           Sector Yellowfin Sole Fishery
LLG 3944.................................                             X
LLG 2913.................................                             X
LLG 1667.................................                             X
LLG 3714.................................                             X
LLG 1820.................................                             X
LLG 3741.................................                             X
------------------------------------------------------------------------

    4. On page 26251, column 3, is corrected to correctly identify the 
groundfish LLP licenses that require qualified landings assignment to 
be eligible for a BSAI Trawl Limited Access Sector yellowfin sole 
directed fishery endorsement.
    Table 53 is corrected and reprinted in its entirety to read as 
follows:

  Table 53 to Part 679--Groundfish LLP Licenses that Require Qualified
   Landings Assignment To Be Eligible for a BSAT Trawl Limited Access
           Sector Yellowfin Sole Directed Fishery Endorsement
                   [X indicates that Column A applies]
------------------------------------------------------------------------
                 Column A                             Column B
------------------------------------------------------------------------
A single vessel was designated on the           The owner of the vessel
 following pairs of groundfish LLP         designated on the pair of LLP
 licenses during the qualifying period                     licenses in Column A must
 identified in 50 CFR                      notify NMFS which LLP license
 679.4(k)(14)(ii)(A)(1)..................            from each pair in Column A is
                                                    to be 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
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    Authority: 16 U.S.C. 773 et seq.; 1801 et seq.; 3631 et seq.; 
Pub. L. 108-447; Pub. L. 111-281.

    Dated: June 15, 2018.
Samuel D. Rauch, III,
Deputy Assistant Administrator for Regulatory Programs, National Marine 
Fisheries Service.
[FR Doc. 2018-13249 Filed 6-19-18; 8:45 am]
 BILLING CODE 3510-22-P