[Federal Register Volume 85, Number 40 (Friday, February 28, 2020)]
[Proposed Rules]
[Pages 11939-11945]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-03777]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[Docket No. 200219-0059]
RIN 0648-BJ35


Fisheries of the Exclusive Economic Zone Off Alaska; Modifying 
Seasonal Allocations of Pollock and Pacific Cod for Trawl Catcher 
Vessels in the Central and Western Gulf of Alaska

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 issues a proposed rule to implement Amendment 109 to the 
Fishery Management Plan for Groundfish of the Gulf of Alaska (GOA FMP) 
and to implement a regulatory amendment to the regulations governing 
pollock fishing in the Gulf of Alaska. This proposed rule will reduce 
operational and management inefficiencies in the Central Gulf of Alaska 
and Western Gulf of Alaska trawl catcher vessel pollock and Pacific cod 
fisheries by reducing regulatory time gaps between the pollock seasons, 
and changing Gulf of Alaska Pacific cod seasonal apportionments to 
allow greater harvest opportunities earlier in the year. This action is 
intended to promote the goals and objectives of the Magnuson-Stevens 
Fishery Conservation and Management Act, the GOA FMP, and other 
applicable laws.

DATES: Submit comments on or before March 30, 2020.

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ADDRESSES: Submit your comments, identified by docket number NOAA-NMFS-
2019-0125, by either of the following methods:
     Federal e-Rulemaking Portal. Go to www.regulations.gov/#!docketDetail;D=NOAA-NMFS-2019-0125, 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. Mail comments to P.O. Box 21668, Juneau, AK 99802-1668.
    Instructions: NMFS may not consider comments if they are sent by 
any other method, to any other address or individual, or received after 
the end of the comment period ends. All comments received are a part of 
the public record, and NMFS will post the comments 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 the draft Environmental Assessment and the 
Regulatory Impact Review (collectively referred to as the ``Analysis'') 
prepared for this proposed rule may be obtained from http://www.regulations.gov.

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

SUPPLEMENTARY INFORMATION:

I. Authority for Action

    NMFS manages the U.S. groundfish fisheries of the Gulf of Alaska 
(GOA) under the GOA FMP. The North Pacific Fishery Management Council 
(Council) prepared, and the Secretary of Commerce (Secretary) approved, 
the GOA 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 GOA 
FMP appear at 50 CFR parts 600 and 679. The Council is authorized to 
prepare and recommend a fishery management plan (FMP) amendment for the 
conservation and management of a fishery managed under the FMP. NMFS 
conducts rulemaking to implement FMP amendments and regulatory 
amendments. FMP amendments and regulations developed by the Council may 
be implemented by NMFS only after approval by the Secretary.
    The Council recommended Amendment 109 to the GOA FMP (Amendment 
109) and a regulatory amendment for pollock fisheries in the Gulf of 
Alaska (GOA). This proposed rule would implement Amendment 109 by 
changing CGOA and WGOA Pacific cod seasonal apportionments to increase 
the trawl catcher vessel (CV) sector's A season total allowable catch 
(TAC) while proportionally decreasing the sector's B season TAC. This 
proposed rule also would implement the Council's regulatory amendment 
by combining the Central Gulf of Alaska (CGOA) and Western Gulf of 
Alaska (WGOA) trawl CV pollock fishery A and B seasons into a single 
season (redesignated as the A season), and the C and D seasons into a 
single season (redesignated as the B season), and by changing the 
annual start date of the redesignated pollock B season from August 25 
to September 1. The proposed changes for pollock and Pacific cod would 
only be applicable to the CGOA and the WGOA, which are comprised of 
NMFS statistical areas 610 (WGOA) and 620 and 630 (CGOA) (see Figure 3 
to part 679). This preamble uses the term ``management area'' to refer 
to ``statistical area'' to avoid confusion with State of Alaska 
``statistical areas.'' Also, the term ``management area'' is commonly 
used by harvesters and processors to refer to NMFS statistical areas. 
In recommending Amendment 109 and the regulatory amendment, the Council 
intends to provide participants with an opportunity to increase fishery 
yield, increase management flexibility, and potentially decrease 
prohibited species catch (PSC) in the CGOA and WGOA while not 
redistributing fishing opportunities between management areas or 
harvesting sectors.
    A notice of availability (NOA) for Amendment 109 was published in 
the Federal Register on February 6, 2020, with comments invited through 
April 6, 2020. 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 109 or this proposed rule. 
However, all comments addressing Amendment 109 must be received by 
April 6, 2020, to be considered in the approval/disapproval decision on 
Amendment 109. Commenters do not need to submit the same comments on 
both the NOA and this proposed rule. All relevant written comments 
received by April 6, 2020, whether specifically directed to Amendment 
109, this proposed rule, or both, will be considered by NMFS in the 
approval/disapproval decision for Amendment 109 and addressed in the 
response to comments in the final rule.

II. Background

    This proposed rule would modify the seasonal apportionment of 
pollock and Pacific cod TAC in the CGOA and WGOA. The purpose of this 
action is to reduce operational and management inefficiencies in the 
CGOA and WGOA trawl CV pollock and Pacific cod fisheries by (1) 
reducing regulatory time gaps between the pollock fishery A and B 
seasons and the C and D seasons, and (2) changing seasonal Pacific cod 
apportionments in the GOA to allow greater harvest opportunities 
earlier in the year. Modifying the seasonal allocations of pollock and 
Pacific cod could allow the fisheries to more fully harvest the TAC of 
GOA pollock and Pacific cod, increase management flexibility, and 
potentially decrease PSC while not redistributing fishing opportunities 
between management areas or harvest sectors. The following sections 
describe (1) the affected fisheries participants and the current 
seasonal allocations of pollock and Pacific cod in the CGOA and WGOA, 
(2) the need for this action, and (3) this proposed rule.

III. The Affected Fisheries Participants and Current Seasonal 
Allocations

A. Affected Fisheries Participants

    The trawl groundfish fisheries in the GOA include fisheries for 
pollock, sablefish, several rockfish species, numerous flatfish 
species, Pacific cod, and other groundfish. Trawl gear captures 
groundfish by towing a net above or along the ocean floor. This 
proposed rule would affect the trawl fisheries for pollock and Pacific 
cod in two specific areas of the GOA: (1) The CGOA regulatory area 
(comprised of management areas 620 and 630), and (2) the WGOA 
regulatory area (comprised of management area 610). These specific 
areas are defined at Sec.  679.2. This proposed action would apply only 
to the federally permitted CVs using trawl gear to harvest pollock or 
Pacific cod in management areas 610, 620, and 630 of the GOA. This 
action would not apply to the Eastern GOA West Yakutat District 
(management area 640).
    Regulations at Sec.  679.4(k) require trawl vessels participating 
in the GOA pollock and Pacific cod fisheries to possess a License 
Limitation Program license (LLP). Overall, 124 CV LLPs are endorsed for 
GOA trawl fishing. Ninety-

[[Page 11941]]

seven CV LLPs are endorsed for CGOA trawl fishing and 78 CV LLPs are 
endorsed for WGOA trawl fishing. Fifty-one LLPs are trawl-endorsed for 
both areas. Table 4-1 in the Analysis shows the number of vessels that 
participated in the 2018 federally managed GOA pollock and Pacific cod 
fisheries, by season and gear type.

B. Current Seasonal Allocations of Pollock and Pacific Cod in the CGOA 
and WGOA

GOA Pollock
    The four pollock seasons for the CGOA and WGOA (management areas 
610, 620, and 630) are currently defined in regulations at Sec.  
679.23(d)(2) as follows:

A season--From 1200 hours, A.l.t., January 20 to 1200 hours, A.l.t., 
March 10
B season--From 1200 hours, A.l.t., March 10 to 1200 hours, A.l.t., May 
31
C season--From 1200 hours, A.l.t., August 25 to 1200 hours, A.l.t., 
October 1
D season--From 1200 hours, A.l.t., October 1 to 1200 hours, A.l.t., 
November 1

    Through the annual harvest specifications process, NMFS establishes 
pollock TACs for management areas 610, 620, and 630 within the CGOA and 
the WGOA. These TACs are established in proportion to the distribution 
of the pollock biomass in those areas as determined by the most recent 
NMFS surveys. In addition, the regulations at Sec.  679.20(a)(5)(iv)(B) 
state that 25 percent of the combined pollock TAC for the CGOA and WGOA 
is allocated to each of the four seasons. The seasonal apportionments 
are then further apportioned across management areas (i.e., management 
area 610, 620, and 630) based on estimated biomass distribution 
throughout the year. The most recent example of these allocations is 
found in the 2019/2020 annual harvest specifications for the GOA (84 FR 
9416, March 14, 2019).
    Over the last 15 years, the seasonal pollock biomass distribution 
has shifted substantially, resulting in relatively smaller seasonal 
apportionments in management area 610--most notably in the A and B 
seasons--while substantially increasing seasonal apportionments and 
annual TACs in management area 620 and, to a lesser degree, management 
area 630. In 2003, management area 610 received 25.00 percent of the A 
and B season apportionments, and 47.00 percent of the C and D season 
apportionments. In 2018, management area 610 received only 3.50 percent 
of the A and B season apportionments, and 36.59 percent of the C and D 
season apportionments. Over the same period, management area 620 went 
from 56.00 percent to 72.54 percent of the A season apportionment, and 
from 66.00 percent to 85.39 percent of the B season apportionment. For 
the C and D seasons, management area 620 went from 23.00 percent to 
26.59 percent of the C and D season apportionments. Seasonal biomass 
distributions for the WGOA and CGOA pollock regulatory areas are 
summarized in Table 2-1 in the Analysis. The seasonal biomass 
distribution aspect of annual harvest specifications is designed so 
that the pollock fleet is able to harvest fish where they are 
occurring, and not to allocate harvest opportunities to one area 
relative to another.
    NMFS inseason managers monitor the catch of pollock and close the 
directed pollock fishery in each management area when they determine 
the seasonal apportionment will be taken. Because this process is based 
on many variable factors, sometimes catch exceeds the seasonal 
apportionment and sometimes catch is less than the seasonal 
apportionment.
    NMFS' objective is to allow for optimal harvest while avoiding an 
overage of the seasonal apportionment or the annual TAC. TAC that is 
not harvested in one area or season that cannot be reallocated to a 
subsequent season is not made available for later harvest. TAC that 
remains at the end of the D season is not rolled over to the following 
calendar year.
    After each management area's overages or underages are accounted 
for, NMFS has the ability to reallocate, or ``rollover,'' pollock that 
is not harvested in one season to the subsequent season in the same or 
other management area(s) according to a prescribed series of steps that 
are predicated on the area TAC levels and seasonal apportionments 
established in the annual harvest specifications and are described in 
detail in Section 2.1.1 in the Analysis.
    Regulations at Sec.  679.20(a)(5)(iv)(B) state that unharvested 
pollock may be added to a subsequent seasonal allocation provided that 
the revised seasonal apportionment does not exceed 20 percent of the 
subsequent season's pollock apportionment for the management area. This 
provision also states that any rollover of unharvested pollock is 
applied first to the subsequent season in the same management area, and 
only then may any remaining pollock be further reallocated to other GOA 
management areas. The purpose of the rollover is to help fishery 
participants harvest as much of the TAC as possible. However, the 
rollover regulations are designed to mitigate incentives for the fleet 
to underharvest or overharvest the seasonal pollock apportionment in a 
management area in order to influence the amount of pollock available 
in the subsequent season.
GOA Pacific Cod
    NMFS establishes annual WGOA and CGOA Pacific cod TACs for the WGOA 
and CGOA and apportions these TACs across two seasons. NMFS apportions 
60 percent of the annual WGOA and CGOA Pacific cod TACs to the A 
season, and apportions 40 percent of the annual WGOA and CGOA Pacific 
cod TACs to the B season. For vessels deploying trawl gear, the A 
season occurs from January 20 through June 10, and the B season occurs 
from September 1 through November 1.
    Since the implementation of Amendment 83 to the GOA FMP in 2012 (76 
FR 74670, December 1, 2011), NMFS, after subtracting a set-aside for 
the jig gear sector, also allocates the annual WGOA and CGOA Pacific 
cod TACs among five sectors in the WGOA and six sectors in the CGOA. 
Each sector's allocation is apportioned between the A and B seasons in 
each area, and the ratio for each sector's seasonal apportionment is 
not required to be a 60:40 percent ratio. However, for all gear (trawl 
and non-trawl) and operational-type (CV and catcher/processors (C/Ps)) 
sectors, the total of A season sector apportionments in each area 
equals 60 percent of the annual Pacific cod TAC, and the total of B 
season sector apportionments in each area equals 40 percent of the 
annual Pacific cod TAC.
    Regulations at Section 679.20(a)(12)(i) and Tables 2-2 and 2-3 in 
the Analysis show the seasonal percentage allocations for each sector. 
These tables illustrate that no sector, in isolation, experiences a 
60:40 percent seasonal TAC split. For example, the CGOA trawl CV sector 
is currently allocated 21.1 percent of the annual CGOA Pacific cod TAC 
in the A season and 20.5 percent of the annual CGOA Pacific cod TAC in 
the B season. Those two figures are at a 51:49 percent ratio to each 
other. The WGOA trawl CV sector is allocated 27.7 percent of the annual 
WGOA Pacific cod TAC in the A season TAC and 10.7 percent of the annual 
WGOA Pacific cod TAC in the B season, which results in a 72:28 percent 
seasonal ratio. The WGOA trawl CVs receive a relatively greater 
proportion of their annual Pacific cod TAC allocation in the A season, 
as they do not target Pacific cod in the fall (B season). The sectors 
that receive a small percentage of the annual

[[Page 11942]]

TAC tend to be those that encounter Pacific cod as incidental catch 
that must be retained (as an Improved Retention/Improved Utilization 
Program (IR/IU) species) but do not conduct directed fishing for 
Pacific cod.
    Regulations at Sec.  679.20(a)(12)(ii) describe the reallocation of 
sector allocations ``if [. . . NMFS] determines that a sector will be 
unable to harvest the entire amount of Pacific cod allocated to [a] 
sector.'' NMFS publishes these reallocations as inseason actions in the 
Federal Register and posts them on the NMFS Alaska Region website as 
Information Bulletins. Regulations at Sec.  679.20(a)(12)(ii) also 
state that NMFS should take into account ``the capability of a sector 
[. . .] to harvest the remaining Pacific cod TAC.'' There are no set 
dates upon which reallocations should occur; NMFS relies on its 
management expertise, as well as communication with the fleets about 
their expected levels of activity or encounter rates of Pacific cod. In 
practice, NMFS reallocates Pacific cod that it projects will go 
unharvested by a sector. The regulations provide a hierarchy that 
guides preference in reallocations if there are competing needs for 
additional TAC. The regulations at Sec.  679.20(a)(12)(ii)(B) state 
that NMFS should consider reallocation to CV sectors first, then 
reallocation to the combined CV and C/P pot sector, and then to any of 
the other C/P sectors (trawl and hook-and-line). NMFS provides a record 
of inseason Pacific cod TAC reallocations on its website. Since 2012, 
almost all inseason reallocations of Pacific cod have occurred during 
the B season, and most reallocations flowed from the trawl CV sector; 
no reallocations have been made to the trawl CV sector.

IV. Need for This Action

    This proposed rule addresses concerns that arose from a series of 
discussion papers that were presented to the Council in 2017, 2018, and 
2019. The discussion papers examined the amount of uncaught Pacific cod 
TAC in all gear sectors during the WGOA and CGOA B season, options for 
changing WGOA and CGOA pollock and Pacific cod seasonal allocations 
with the goal of improving efficiency in fishery management, and 
whether delaying the start of the WGOA and CGOA pollock C season from 
August 25 to September 1 might provide operational benefits to vessels 
and processors that also engage in salmon fisheries or groundfish 
fisheries outside of the GOA.
    For the pollock fishery, status quo management can result in time 
gaps between the A and B seasons and between the C and D seasons. The 
time gaps vary in length depending on the pace of fishing and TAC 
utilization during the A and C seasons. Table 4-8 in Section 4.5.1.2 of 
the Analysis shows instances where fisheries were closed for up to 80 
percent of a season when the pollock TAC was taken quickly. In other 
cases, NMFS has closed directed fishing for pollock toward the very end 
of one season, and before another season has started, resulting in 
closures that lasted as little as one day. For example, NMFS has closed 
the pollock C season during the final four days of the season in 
management areas 610 and 630 on five occasions from 2012 through 2017.
    The Council and NMFS acknowledge that these time gaps between 
seasons create operational inefficiencies and increase costs compared 
to a continuous fishery. For harvesters, operational inefficiencies 
could include fuel costs to transit back and forth to fishing grounds, 
lost labor productivity (i.e., more days to earn the same income), 
missed windows of good weather, inability to fish during periods of 
high catch per unit effort (CPUE), or inability to fish during periods 
of high pollock roe content (and higher value product) that can occur 
between the A and B seasons. Processors also experience reduced 
productivity if labor and equipment are idled. A long time gap between 
seasons could also erode the real-time knowledge of the fishing grounds 
that skippers develop over the course of a continuous season. That 
knowledge is often key to achieving higher CPUE and minimizing bycatch 
of non-target species and PSC. Section 4.6.1.1.1 of the Analysis 
describes these inefficiencies in greater detail. Harvesters 
acknowledge that ``pulse'' fishing can limit the ability of the fleet 
to avoid fishing during periods of higher bycatch of species such as 
Chinook salmon and halibut and can limit the ability of the fleet to 
fish during periods of lower bycatch. In contrast, combining seasons 
and reducing time gaps could give the fleet more flexibility to avoid 
fishing in times of expected high Chinook salmon PSC rates by providing 
a lower risk of running out of time to fully harvest a seasonal TAC. 
Section 3.3 of the Analysis describes bycatch rates in the pollock and 
Pacific cod fisheries and the factors that can result in higher, or 
lower, bycatch of various species.
    In recommending regulatory changes for the WGOA and CGOA pollock 
fishery, the Council also sought to address a concern about the amount 
of pollock TAC that may go unharvested in a season because of existing 
restrictions on TAC rollover. As described above, regulations at Sec.  
679.20(a)(5)(iv)(B) state that unharvested pollock in one season may be 
added to a subsequent seasonal allocation provided that the revised 
seasonal apportionment does not exceed 20 percent of the subsequent 
season's pollock apportionment for the management area (see Section 
2.1.1 in the Analysis for more detail on rollover allocation 
procedures). The rollover limits are intended to prevent the 
concentration of annual fishing activity in a given time and space so 
that it does not adversely affect Steller sea lions (see Section 3.4 in 
the Analysis for more detail on effects to Steller sea lions). Because 
only a low percentage of a seasonal apportionment can be rolled over to 
the following season, the cap on rollovers can result in unharvested 
TAC that cannot be caught in the subsequent season. Because the 20 
percent rollover cap must be ``filled'' for the next season in the area 
where an underharvest occurred before additional TAC may be allocated 
to other areas, rollover between areas is less frequent but not 
uncommon. In cases of severely underharvested seasonal apportionments, 
rollover caps can result in a situation where all areas receive the 
maximum possible apportionment for the following season, but an amount 
still remains that cannot be reallocated and is thus not available to 
be fished. The Council determined, and NMFS agrees, that combining the 
A/B and C/D pollock seasons better addresses the purpose and need for 
the proposed action than increasing the amount of pollock that can be 
rolled over to subsequent seasons.
    As described in Section 2.2 of the Analysis, options considered 
under Alternative 2 included increasing the amount of unharvested 
pollock that may be reallocated from one season to the following season 
from 20 percent (status quo) to either 25 percent (sub-option 1) or 30 
percent (sub-option 2). The Council's recommendation to maintain the 20 
percent rollover cap was responsive to public testimony that 
underharvest in one season might continue into the following season, 
especially if the underharvest is due to poor fishing conditions in the 
underharvested area. As such, a higher rollover cap might increase the 
possibility of leaving fish stranded because TAC cannot be rolled over 
to other areas. This is further explained in Section 4.6.3 of the 
Analysis.
    In addition, this proposed rule would delay the start of the 
redesignated pollock B season from August 25 to September 1 to provide 
operational benefits to vessels and processors that also engage in 
salmon fisheries or

[[Page 11943]]

groundfish fisheries outside of the GOA. A later pollock start date 
would minimize the potential for the redesignated pollock B season to 
overlap the end of salmon harvest and reduce the operational challenges 
that can occur with harvesters and processors that participate in both 
of these fisheries. Section 4.6.2.1 of the Analysis describes the 
operational inefficiencies and costs for harvesters and processors that 
can occur when processors cannot process peak capacities of pollock and 
salmon at the same time, resulting in limited deliveries of one species 
or the other.
    To address concerns related to management inefficiencies in the GOA 
pollock fishery, the Council recommended, and NMFS proposes, 
regulations that would (1) combine the A and B season into a single 
season (redesignated as the A season), combine the C and D season into 
a single season (redesignated as the B season), and allocate pollock 
among the redesignated A season and redesignated B season at 50 percent 
to the A season and 50 percent to the B season, applicable to 
management areas 610, 620, and 630; and (2) change the start date of 
the redesignated B pollock season in the GOA from August 25 to 
September 1, resulting in a redesignated B season that runs from 
September 1 to November 1.
    In recent years, trawl CVs in the GOA Pacific cod fishery only 
conduct directed fishing for B season Pacific cod in the CGOA. The WGOA 
trawl CV sector receives 10.7 percent of the total annual WGOA Pacific 
cod TAC in the B season (see Table 2-2 in the Analysis), but it goes 
largely unharvested by trawl vessels except as incidental catch during 
the C and D seasons in the pollock trawl fishery. In the CGOA, where 
the trawl CV fishery is prosecuted, harvest of Pacific cod in the B 
season lags A season harvest by a significant margin in percentage 
terms. Table 3-4 in the Analysis shows that harvest of CGOA B season 
Pacific cod TAC was typically below 50 percent and began to fall 
precipitously in the years leading up to the 2018 reduction in ABC. 
While industry participants have reported that fish size and flesh 
quality can be better in the fall B season than in the late-winter A 
season due to the length of time removed from spawning activity, GOA 
Pacific cod do not tend to aggregate in the fall in a manner that lends 
itself to efficient harvest with trawl gear. As a result, a significant 
portion of the GOA Pacific cod B season TAC is left unharvested by 
trawl CVs, while the A season TAC is more fully prosecuted by trawl 
CVs.
    The Council acknowledged the changes that have occured in the B 
season Pacific cod fishery, resulting in unharvested Pacific TAC. To 
address this concern, the Council recommended Amendment 109 for Pacific 
cod fisheries in the GOA. Proposed regulations to implement Amendment 
109 would increase trawl CV allocations of Pacific cod TAC in the CGOA 
and WGOA during the A season while proportionally decreasing trawl CV 
allocations of Pacific cod TAC in the CGOA and WGOA during the B 
season. Specifically, 25.29364 percent of the annual CGOA Pacific cod 
TAC would be allocated to the trawl CV sector during the A season and 
16.29047 percent would be allocated to the B season. Additionally, 
31.54 percent of the annual WGOA Pacific cod TAC would be allocated to 
the trawl CV sector during the A season and 6.86 percent would be 
allocated to the B season.
    Options considered under Alternative 3 explored shifting Pacific 
cod TAC from the B season to the A season in 5 percent increments 
relative to status quo. For example, the CGOA trawl CV sector is 
currently allocated 21.14 percent of the total CGOA A season TAC and 
20.45 percent of the total CGOA B season TAC. Those two figures are at 
a 51:49 percent ratio to each other. Option 1 sought a 5 percent change 
in relation to the status quo ratio or, in other words, a 56:44 percent 
ratio. Option 2 results in a 61:39 percent ratio for CGOA trawl CVs, 
and Option 3 would have resulted in a 66:34 percent ratio. The same 
method applied to the WGOA trawl CV sector (see Section 2.3 in the 
Analysis for more detail).
    The Council's recommendation of Alternative 3 Option 2 strikes a 
balance between responding to the purpose and need and considering 
effects to marine mammals. The Pacific cod seasons were initially 
established to mitigate concerns surrounding prey availability for 
Steller sea lions. While the Council concluded that shifting a small 
amount of TAC from the B season to the A season meets its purpose and 
need for action, the Council stated that a precautionary approach is 
prudent given the potential effects on Steller sea lions (See Section 
3.4.2 of the Analysis).
    In adopting its preferred alternatives, the Council considered 
effects of the proposed action on Steller sea lions. For the CGOA and 
WGOA pollock trawl fishery, Section 4.6.2 of the Analysis explains that 
various factors affect pollock harvest patterns, including but not 
limited to fish aggregation and quality (roe content), market 
availability, encounter rates with PSC-limited species, high and low 
TAC years for pollock, economic opportunities in--or trade-offs with--
other fisheries, and other individual vessel business decisions. These 
factors can be difficult to predict with accuracy, with respect to this 
action, at this time. Additionally, many constraints that dictate the 
timing and pace of the pollock fishery would remain, even if seasons 
were combined and the fleet had more available TAC at any given moment 
with which to optimize its fishing. Those constraints would be expected 
to prevent harvest patterns from changing in a significantly different 
manner under the proposed rule than seen in the past.
    Finally, changing the start of the combined C/D season from August 
25 to September 1 would not change anticipated effects to the pollock 
stock (as noted in Section 3.2.3 of the Analysis), and therefore does 
not change anticipated impacts to prey availability for Steller sea 
lions.
    For the Pacific cod fishery in the CGOA and WGOA, the overall 
proposed change in seasonal allocation across all sectors combined is a 
modest 4 percent from the B season to the A season. This modest shift 
in seasonal allocation is not expected to result in an increase in 
vessel participation, nor a change in the spatial distribution of the 
fishing vessels (as noted in Section 4.6.4. of the Analysis).
    For the reasons outlined above, the Council and NFMS do not expect 
the implementation of Amendment 109 to result in discernable spatial 
harvest concentration or a decrease in temporal dispersion of harvest 
which would significantly affect prey availability for Steller sea 
lions.
    In recommending Amendment 109, the Council has chosen a portion of 
each action alternative for each of the GOA CV pollock and Pacific cod 
fisheries. This blended action will provide the greatest improvements 
to operational and management efficiency of all the alternatives while 
not re-distributing allocations of pollock or Pacific cod between 
management areas or among participants, which is a stated objective in 
the purpose and need for this action.

V. This Proposed Rule

CGOA and WGOA Pollock Fishery

    This proposed rule would revise Sec.  679.20(a)(5)(iv)(B) to 
combine the GOA Western and Central regulatory areas' pollock A and B 
seasons into a single season (redesignated as the A season) and combine 
C and D seasons into a single season (redesignated as the B season). 
This proposed rule also would apportion 50 percent of the CGOA and WGOA 
pollock TAC to the

[[Page 11944]]

redesignated A season and 50 percent to the redesignated B season. 
These proposed changes do not affect the relative amount of CGOA and 
WGOA pollock TAC apportioned to each season because current regulations 
specify that the TAC be evenly apportioned among each GOA pollock 
season.
    This proposed rule would revise Sec.  679.23(d)(2) to change the 
dates of the redesignated A season as January 20 through May 31 and the 
dates of the redesignated B season as September 1 through November 1. 
This proposed revision effectively leaves the duration of the 
redesignated A season unchanged from the duration of the current A and 
B seasons, but shortens the duration of the redesignated B season 
(September 1 to November 1) from the duration of the current C and D 
seasons (August 25 to November 1).

GOA Pacific Cod Fishery

    This proposed rule would revise Sec.  679.20(a)(12)(i) to specify 
the new seasonal apportionments of Pacific cod TAC for the CV trawl 
sectors in the CGOA and the WGOA. Although the overall ratio of A and B 
seasonal apportionments of Pacific cod for the trawl CV sector would be 
changed, this proposed rule would not affect the seasonal 
apportionments of Pacific cod to any of the other sectors. The seasonal 
apportionment of Pacific cod will remain unchanged for all other 
sectors in the CGOA and the WGOA.
    This proposed rule would also revise the tables at Sec.  
679.20(a)(12)(i)(A) and (B) to change the seasonal allowance of Pacific 
cod for trawl CVs in the WGOA and the CGOA. For both the CGOA and the 
WGOA, the A season allowance would increase by approximately 4 percent 
while the B season allowance would decrease by approximately 4 percent.

VI. Classification

    Pursuant to Sec. Sec.  304(b)(1)(A) and 305(d) of the Magnuson-
Stevens Act, the NMFS Assistant Administrator has determined that this 
proposed rule is consistent with the Council's regulatory amendment for 
GOA pollock, Amendment 109 to the GOA 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.
    This proposed rule is not an Executive Order 13771 regulatory 
action because this rule is not significant under Executive Order 
12866.

Regulatory Impact Review (RIR)

    An RIR was prepared to assess the costs and benefits of available 
regulatory alternatives. A copy of this analysis is available from NMFS 
(see ADDRESSES). NMFS is recommending Amendment 109 and the regulatory 
revisions in this proposed rule based on those measures that maximized 
net benefits to the Nation. Specific aspects of the economic analysis 
are discussed below.

Certification Under the Regulatory Flexibility Act

    The Chief Counsel for Regulation of the Department of Commerce 
certified to the Chief Counsel for Advocacy of the Small Business 
Administration (SBA) that this proposed rule, if adopted, would not 
have a significant economic impact on a substantial number of small 
entities. The factual basis for this determination is as follows.
    This proposed rule would directly regulate the owners and operators 
of certain trawl CVs that target GOA pollock and Pacific cod. Under the 
Regulatory Flexibility Act (RFA), businesses classified as primarily 
engaged in commercial fishing are considered small entities if they 
have combined annual gross receipts not in excess of $11.0 million for 
all affiliated operations worldwide, regardless of the type of fishing 
operation--i.e., finfish or shellfish (81 FR 4469; January 26, 2016).
    In 2017, the most recent year for which ex-vessel revenue data are 
available, 68 CVs participated in GOA pollock or Pacific cod trawl 
fisheries. Of those, 32 are classified as small entities based on 
individual vessel revenue. The remaining 36 vessels would be considered 
small entities based only on their individual vessel revenue. However, 
analysis of directly regulated entity revenue to determine entity size 
as measured against the commercial fishing threshold of $11.0 million 
must also consider ownership affiliations and other contractual 
affiliations of the entities, worldwide. Of these 36 participating 
vessels, 16 are affiliated with other vessels and their operating 
entities via affiliations with Central GOA Rockfish Program 
cooperatives. Additionally, the remaining 20 vessel operations are 
affiliated via American Fisheries Act cooperatives. Thus these 36 
operating entities are not considered small entities for RFA purposes. 
There are also 43 inactive licenses that lack any recent associated 
revenue history and the owners of these licenses are considered 
potentially directly regulated small entities.
    The general purpose of this action, as identified in the RIR, is to 
enhance the operational and management efficiency of the GOA pollock 
and Pacific cod trawl fisheries with the goal of improving efficiency 
in fishery management and prosecution while providing additional value 
from the fishery by allowing participants to focus effort when target 
groundfish species are available and of high product quality. The RIR 
determined that this action would provide harvesters and processors 
that prosecute GOA pollock with flexibility to maximize yield by 
fishing when the resource is most available and productive (e.g., 
aggregation or roe content). The flexibility provided by this action 
might also allow harvesters to minimize PSC in certain cases. 
Essentially, this action provides an additional ``tool'' for 
participants to optimize their participation to the extent possible. 
With regard to directly regulated small entities operating in the GOA 
pollock and Pacific cod trawl fisheries, this action is a beneficial 
action. The proposed action will not impose any adverse economic 
impacts on any directly regulated small entities. This proposed action, 
therefore, is not expected to have a significant economic impact on a 
substantial number of directly regulated small entities. As a result, 
an initial regulatory flexibility analysis is not required, and none 
has been prepared.

List of Subjects in 50 CFR Part 679

    Alaska, Fisheries, Reporting and recordkeeping requirements.

    Dated: February 20, 2020.
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 50 CFR 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.  679.20, revise paragraphs (a)(5)(iv)(B), (a)(12)(i) 
introductory text, (a)(12)(i)(A)(3), and (a)(12)(i)(B)(4) to read as 
follows:


Sec.  679.20   General Limitations.

* * * * *
    (a) * * *
    (5) * * *
    (iv) * * *

[[Page 11945]]

    (B) GOA Western and Central Regulatory Areas seasonal 
apportionments. Each apportionment established under paragraph 
(a)(5)(iv)(A) of this section will be divided into two seasonal 
apportionments corresponding to the two fishing seasons specified in 
Sec.  679.23(d)(2) as follows: A Season, 50 percent; and B Season, 50 
percent. Within any fishing year, underharvest or overharvest of a 
seasonal apportionment may be added to or subtracted from remaining 
seasonal apportionments in a manner to be determined by the Regional 
Administrator, provided that any revised seasonal apportionment does 
not exceed 20 percent of the seasonal TAC apportionment for the 
statistical area. The reapportionment of underharvest will be applied 
to the subsequent season within the same statistical area up to the 20 
percent limit specified in this paragraph. Any underharvest remaining 
beyond the 20 percent limit may be further apportioned to the 
subsequent season in the other statistical areas, in proportion to 
estimated biomass and in an amount no more than 20 percent of the 
seasonal TAC apportionment for the statistical area.
* * * * *
    (12) * * *
    (i) Seasonal allowances by sector. The Western and Central GOA 
Pacific cod TACs will be seasonally apportioned to each sector such 
that 63.84 percent of the Western GOA TAC is apportioned to the A 
season and 36.16 percent of the Western GOA TAC is apportioned to the B 
season, and 64.16 percent of the Central GOA TAC is apportioned to the 
A season and 35.84 percent of the Central GOA TAC is apportioned to the 
B season, as specified in Sec.  679.23(d)(3).
    (A) * * *

----------------------------------------------------------------------------------------------------------------
                                                                                        Seasonal allowances
                                                                                 -------------------------------
              Sector                      Gear type            Operation type      A season (in    B season (in
                                                                                     percent)        percent)
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
(3)...............................  Trawl................  Catcher vessel.......           31.54            6.86
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------

    (B) * * *

----------------------------------------------------------------------------------------------------------------
                                                                                        Seasonal allowances
                                                                  Length overall -------------------------------
            Sector                Gear type      Operation type      in feet       A season (in    B season (in
                                                                                     percent)        percent)
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
(4)..........................  Trawl..........  Catcher vessel.  Any............        25.29364        16.29047
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------

* * * * *
0
3. In Sec.  679.23, revise paragraph (d)(2) to read as follows:


Sec.  679.23   Seasons.

* * * * *
    (d) * * *
    (2) Directed fishing for pollock. Subject to other provisions of 
this part, directed fishing for pollock in the Western and Central 
Regulatory Areas is authorized only during the following two seasons:
    (i) A season. From 1200 hours, A.l.t., January 20 through 1200 
hours, A.l.t., May 31; and
    (ii) B season. From 1200 hours, A.l.t., September 1 through 1200 
hours, A.l.t., November 1.
* * * * *
[FR Doc. 2020-03777 Filed 2-27-20; 8:45 am]
 BILLING CODE 3510-22-P