[Federal Register Volume 85, Number 182 (Friday, September 18, 2020)]
[Proposed Rules]
[Pages 58322-58330]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-20571]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[Docket No. 200911-0241]
RIN 0648 BJ59


Fisheries of the Exclusive Economic Zone Off Alaska; Pacific Cod 
in 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 regulatory amendments that would modify Federal 
permit conditions and impose participation requirements for certain 
Federally-permitted vessels when fishing for Pacific cod in state 
waters adjacent to the exclusive economic zone of the Bering Sea and 
Aleutian Islands during the State of Alaska's parallel Pacific cod 
fishery. This action is necessary to enhance Federal conservation, 
management, and catch accounting measures previously adopted by the 
North Pacific Fishery Management Council (Council) regarding license 
limitation, sector allocations, and catch reporting. This action is 
intended to promote the goals and objectives of the Magnuson-Stevens 
Fishery Conservation and Management Act, the Fishery Management Plan 
for Groundfish of the Bering Sea and Aleutian Islands Management Area, 
and other applicable law.

DATES: Submit comments on or before October 19, 2020.

ADDRESSES: You may submit comments, identified by FDMS Docket Number 
NOAA-NMFS-2020-0081, by any of the following methods:
     Federal eRulemaking Portal. Go to www.regulations.gov/

[[Page 58323]]

#!docketDetail;D=NOAA-NMFS-2020-0081, 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: James Bruschi. Mail comments to P.O. Box 21668, Juneau, AK 
99802-1668.
    Instructions: NMFS may not consider comments sent by any other 
method, to any other address or individual, or received after the end 
of the comment period. All comments received are a part of the public 
record and will generally be posted for public viewing on http://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 Categorical Exclusion and the Regulatory 
Impact Review (RIR) prepared for this action (collectively referred to 
as the ``Analysis'') are available from http://www.regulations.gov or 
from the NMFS Alaska Region website at http://alaskafisheries.noaa.gov.

FOR FURTHER INFORMATION CONTACT: Kurt Iverson, 907-586-7210.

SUPPLEMENTARY INFORMATION:

Authority for Action

    NMFS manages the groundfish fisheries in the U.S. exclusive 
economic zone (EEZ) of the Bering Sea and Aleutian Islands (BSAI) under 
the Fishery Management Plan for Groundfish of the BSAI Management Area 
(FMP). The Council prepared, and NMFS approved, the FMP under the 
authority of the Magnuson-Stevens Fishery Conservation and Management 
Act (MSA), 16 U.S.C. 1801 et seq. Regulations governing U.S. fisheries 
and implementing the FMP appear at 50 CFR part 679. General regulations 
that pertain to U.S. fisheries appear at subpart H of 50 CFR part 600.

Background

    NMFS proposes regulatory amendments that would modify Federal 
permit conditions and impose participation requirements for certain 
Federally-permitted vessels when fishing for Pacific cod in state 
waters adjacent to the EEZ of the Bering Sea and Aleutian Islands 
(BSAI) during the State of Alaska's Pacific cod fishery that runs 
concurrent with the Federal Pacific cod fishery, commonly known as the 
Pacific cod parallel fishery. Specifically, this proposed rule would 
prohibit (1) a hook-and-line, pot, or trawl gear vessel named on an 
Federal Fisheries Permit (FFP) or License Limitation Program (LLP) 
license from being used to catch and retain BSAI Pacific cod in State 
of Alaska (State) waters adjacent to the BSAI during the State's 
parallel Pacific cod fishery unless the vessel is named on an FFP and 
LLP license that have the required endorsements; (2) a hook-and-line, 
pot, or trawl gear vessel named on an FFP or LLP license from catching 
and retaining BSAI Pacific cod in state waters adjacent to the BSAI EEZ 
during the State's parallel fishery when NMFS has closed the EEZ to 
directed fishing for Pacific cod by the sector to which the vessel 
belongs; (3) the holder of an FFP with certain endorsements from 
modifying those endorsements during the effective period of the FFP; 
and (4) the reissuance of a surrendered FFP with certain endorsements 
for the remainder of the three-year term, or cycle, of FFPs.
    Each year, NMFS establishes a Total Allowable Catch (TAC) limit and 
allocations to specific fishery sectors for Pacific cod in the BSAI. 
Catch of Pacific cod in Federal waters (that is, in the EEZ), as well 
as in the waters of the State of Alaska (state waters) under specific 
regulations adopted by the State, is deducted from this TAC limit and 
the fishery sector allocations. Note that throughout this preamble, 
``state waters'' refers to the maritime waters from 0 to 3 nautical 
miles off Alaska, and ``EEZ'' and ``Federal waters'' are used 
interchangeably, and refer to the maritime waters from 3 to 200 
nautical miles off Alaska. In addition, ``parallel fisheries'' in this 
preamble refers to the state waters Pacific cod parallel fisheries in 
the State of Alaska Bering Sea-Aleutian Islands Area, presently that is 
in the Dutch Harbor Subdistrict of the Bering Sea and within the 
Aleutian Islands Subdistrict of the Aleutian Islands, respectively.
    During the Federal Pacific cod TAC fisheries, the State of Alaska 
creates parallel Pacific cod fisheries by generally adopting NMFS 
management actions in state waters. The State has management authority 
for groundfish resources within state waters, and the Commissioner of 
the Alaska Department of Fish and Game (ADF&G) opens parallel fisheries 
through emergency order under the Parallel Groundfish Fishery Emergency 
Order Authority at 5 AAC 28.086. These emergency orders establish 
parallel fisheries that allow vessels to fish for groundfish, including 
Pacific cod, within state waters during the concurrent Federal seasons. 
In addition, the Commissioner is authorized to open or close the 
fisheries under emergency order to adapt to unanticipated openings or 
closures of the Federal fisheries. Because the State's parallel Pacific 
cod fisheries closely follow the Federal Pacific cod fishery, NMFS 
deducts all catch of Pacific cod caught in Federal waters and in state 
waters during the parallel fisheries from the Federal Pacific cod TAC 
and the fishery sector allocations. This allows a vessel to fish 
seamlessly between Federal and state waters, provided the vessel meets 
participation requirements. There are no limits on the proportion of 
the Pacific cod TAC that may be harvested in state waters.
    This action would require trawl, hook-and-line, and pot gear 
vessels that have Federal Fishing Permits (FFPs) or License Limitation 
Program (LLP) licenses and that fish in the BSAI state waters Pacific 
cod parallel fisheries to have a properly endorsed FFP and LLP license 
and to adhere to BSAI Pacific cod fishery sector closures in Federal 
waters when fishing in the State's parallel Pacific cod fishery. The 
following sections describe the Federal BSAI Pacific cod fishery, the 
BSAI state waters Pacific cod fisheries, the need for this action, and 
the proposed rule and its effects.

BSAI Federal Waters Pacific Cod Fishery

Management of the Federal BSAI Pacific Cod Fishery

    Pacific cod (Gadus macrocephalus) is one of the most abundant and 
valuable groundfish species harvested in the BSAI. Vessels harvest 
Pacific cod using trawl and non-trawl gear. Non-trawl gear includes 
hook-and-line, jig, and pot gear. Vessels harvesting BSAI Pacific cod 
operate as catcher vessels (CVs) that harvest and deliver the fish for 
processing, or as catcher processors (C/Ps) that harvest and process 
the catch on board.
    The FMP and its implementing regulations at Sec.  679.20(c) 
establish a process where NMFS, after consultation with the Council, 
annually specifies an overfishing level (OFL), an acceptable biological 
catch (ABC), and a TAC for each target species or species group of 
groundfish, including Pacific cod. The OFL is the level above which 
overfishing is occurring for a species or species group. The ABC is the 
level of a species' or species group's annual catch that accounts for 
the scientific uncertainty in the estimate of OFL, and any other 
scientific uncertainty. Under the FMP, the ABC is set below the OFL.

[[Page 58324]]

The TAC is the annual catch target for a species or species group, 
derived from the ABC by considering social and economic factors and 
management uncertainty. Under the FMP, the TAC must be set lower than 
or equal to the ABC.
    In the case of Pacific cod, separate OFLs, ABCs, and TACs are 
established for the Bering Sea subarea and the Aleutian Islands 
subarea. The TACs for the Bering Sea and Aleutian Islands subareas are 
set after deducting from the ABCs any harvest allocations for guideline 
harvest level (GHL) fisheries managed by the State and occurring only 
within state waters. A detailed description of the annual harvest 
specification process for BSAI Pacific cod is provided in the final 
2020 harvest specifications for groundfish of the BSAI (83 FR 13553, 
March 9, 2020) and in section 2.7.1 of the Analysis. A more detailed 
description of the State GHL fisheries is found in this preamble below.
    Once the Bering Sea and Aleutian Islands TACs are established, 
regulations at Sec.  679.20(a)(7)(i) allocate 10.7 percent of the 
Bering Sea Pacific cod TAC and 10.7 percent of the Aleutian Islands 
Pacific cod TAC to the Community Development Quota (CDQ) Program for 
the exclusive harvest by Western Alaska CDQ groups. Section 305(i) of 
the Magnuson-Stevens Act specifies the methods for allocating these 
harvest privileges. Once allocated, CDQ groups must ensure that they do 
not exceed their allocations.
    The portion that remains after subtraction of the CDQ allocation 
from each TAC is the initial TAC, or ITAC, for the Bering Sea and 
Aleutian Islands. NMFS combines the Bering Sea ITAC and the Aleutian 
Islands ITAC into one, BSAI non-CDQ Pacific cod TAC. This combined BSAI 
non-CDQ Pacific cod TAC is then allocated among, and available for 
harvest by, nine non-CDQ fishery sectors. Regulations at Sec.  
679.20(a)(7)(ii)(A) define the nine non-CDQ fishery sectors and specify 
the percentage of the BSAI non-CDQ Pacific cod TAC allocated to each. 
The non-CDQ fishery sectors are defined by a combination of gear type 
(e.g., trawl, hook-and-line), operation type (i.e., catcher vessel or 
catcher/processor), and vessel size categories (e.g., vessels greater 
than or equal to 60 feet (ft) in length overall or less than 60 ft in 
length overall). Through the annual harvest specifications process, 
NMFS allocates an amount of the BSAI non-CDQ Pacific cod TAC to each of 
these nine non-CDQ fishery sectors. The nine non-CDQ fishery sectors 
and the percentage of the BSAI non-CDQ Pacific cod TAC allocated to 
each sector are shown in Table 1 below.

 Table 1--Allocations of the BSAI non-CDQ Pacific Cod TAC to the non-CDQ
                             Fishery Sectors
------------------------------------------------------------------------
                                                            Percentage
                                                           allocation of
                 Non-CDQ fishery sector                    the BSAI non-
                                                              CDQ TAC
------------------------------------------------------------------------
Hook-and-line catcher vessels greater than or equal to               0.2
 60 ft length overall (LOA).............................
Jig gear................................................             1.4
Pot catcher/processors..................................             1.5
Hook-and-line and pot catcher vessels less than 60 ft                2.0
 LOA....................................................
American Fisheries Act (AFA) trawl catcher/processors...             2.3
Pot catcher vessels greater than or equal to 60 ft LOA..             8.4
Non-AFA trawl catcher/processors (Amendment 80 C/Ps)....            13.4
Trawl catcher vessels...................................            22.1
Hook-and-line catcher processors........................            48.7
------------------------------------------------------------------------

    NMFS manages each of the fishery sectors in Table 1 to ensure 
harvest of Pacific cod does not exceed the sector's annual allocation. 
NMFS monitors harvests that occur by vessels being used to conduct 
directed fishing for Pacific cod (that is, participants are 
specifically targeting and retaining Pacific cod above specific 
threshold levels) and harvests that occur by vessels being used to 
conduct directed fishing for other species and incidentally catching 
Pacific cod (e.g., the incidental catch of Pacific cod in the directed 
pollock fishery). Section 679.2 provides the regulatory definition of 
``directed fishing.'' For the non-AFA trawl catcher/processor sector, 
also known as the Amendment 80 sector, NMFS allocates exclusive harvest 
privileges to participants within that sector that cannot be exceeded. 
For the other non-CDQ fishery sectors, NMFS carefully tracks both 
directed and incidental catch of Pacific cod. An allocation to a non-
CDQ fishery sector may be harvested in either the Bering Sea or the 
Aleutian Islands, subject to the Pacific cod ITAC specified for the 
Bering Sea or the Aleutian Islands. NMFS takes appropriate management 
measures, such as closing directed fishing for a fishery sector, to 
ensure that total directed fishing and incidental fishing harvests do 
not exceed that sector's allocation. Section 2.7 of the Analysis 
describes NMFS' management of the non-CDQ fishery sectors.
    Allocations of Pacific cod to the CDQ Program and to the non-CDQ 
fishery sectors are further apportioned by season dates established at 
Sec.  679.23(e)(5). In general, regulations apportion CDQ and non-CDQ 
fishery sector allocations among three seasons that correspond to the 
early (A-season), middle (B-season), and late (C-season) portions of 
the year. The specific season dates established for the CDQ Program and 
each of the non-CDQ fishery sectors are provided in the final 2020 and 
2021 harvest specifications for groundfish of the BSAI (83 FR 13553, 
March 9, 2020). Depending on the specific CDQ Program or non-CDQ 
fishery sector allocation, between 40 percent and 70 percent of the 
Pacific cod allocations are apportioned to the A-season, historically 
the most lucrative fishing season due to the presence of valuable roe 
in the fish and the good quality of the flesh during that time of year.
    The allocation of Pacific cod among the CDQ Program and the nine 
non-CDQ fishery sectors, as well as the seasonal apportionment of those 
allocations, create a large number of distinct sector and season 
allocations. To help ensure the efficient management of these 
allocations, regulations allow NMFS to reallocate (rollover) any unused 
portion of a seasonal apportionment from any non-CDQ fishery sector 
(except the jig sector) to that sector's next season during the current 
fishing year, unless the Regional Administrator determines a non-CDQ 
fishery sector will not be able to harvest its allocation (see Sec.  
679.20(a)(7)(iv)(B)).

[[Page 58325]]

Permits and Licenses

    To monitor compliance with harvest catch limits, prohibited species 
(non-retained) catch limits, and sideboard regulations that limit 
participation in other fisheries, NMFS requires various permits that 
authorize or restrict access to the groundfish fisheries in the Federal 
waters of the BSAI. The two most relevant permits for this proposed 
action are Federal Fisheries Permits (FFP) and License Limitation 
Program (LLP) licenses.
1. Federal Fisheries Permit
    All vessels that retain BSAI Pacific cod in the EEZ are required to 
have an FFP on board the vessel at all times (Sec.  679.4(b)(1)). An 
FFP authorizes a vessel owner to deploy a vessel to conduct fishing 
operations in the EEZ of the BSAI in accordance with the endorsements 
on the FFP. An FFP includes many endorsements, such as type of gear 
(e.g. pot, hook-and-line, and trawl), vessel operation category 
(catcher vessel, catcher/processor, mothership, tender vessel, or 
support vessel), and regulatory area of operation (e.g., BSAI) in which 
a permitted vessel is eligible to fish. In some fisheries, a species 
endorsement is also required. For example, the owners and operators of 
harvesting vessels that participate in the directed BSAI Pacific cod 
fisheries, except vessels using jig gear, are required to have an FFP 
endorsement for Pacific cod, along with endorsements for the gear type 
used to fish for Pacific cod, the vessel operation type, and the 
regulatory area(s) in which the fishery is prosecuted. All CDQ vessels 
and all vessels in the non-jig sectors listed in Table 1 are required 
to have an FFP onboard that is endorsed for Pacific cod. A vessel may 
not be operated in a category other than what is specified on the FFP.
    The operators of harvesting vessels that possess an FFP are 
required to comply with NMFS observer coverage requirements (Sec.  
679.50(a)). In addition, FFP holders participating in a pollock, Atka 
mackerel, or Pacific cod fishery in the BSAI are required to have on 
board the vessel a transmitting vessel monitoring system (VMS), as 
described at Sec.  679.28(f)(6). A VMS consists of a NMFS-approved 
transmitter that automatically determines a vessel's position and 
transmits that information to NMFS. While Pacific cod directed 
fisheries are open, all harvesting vessels with an FFP endorsed with a 
hook-and-line, pot, or trawl Pacific cod endorsement are required to 
have an operational VMS, regardless of where the vessel is fishing at 
the time or what the vessel is targeting, as described at Sec.  
679.28(f)(6). Thus, a VMS is required of all vessels with an FFP 
endorsed for Pacific cod hook-and-line, pot, or trawl gear while 
fishing in state waters (0 to 3 nm) adjacent to the BSAI. However, 
because these Federal requirements apply as a condition of being issued 
an FFP, operators of vessels that have not been issued an FFP and that 
fish exclusively in state waters are not required to possess an FFP or 
have an FFP on board the vessel, and the operator of such a vessel is 
not subject to Federal observer, VMS, or recordkeeping and reporting 
requirements unless specified by the State.
    FFPs are valid for three years and, unless revoked, suspended, or 
surrendered, are in effect from the date of issuance through the end of 
the three-year cycle. The current cycle of FFPs issued for vessels that 
operate in Alaska waters is January 1, 2018, through December 31, 2020. 
A vessel operator with an FFP can surrender the permit at any time and 
have NMFS reissue the FFP any number of times within the three-year 
cycle.
    While any vessel owner can apply for an FFP with any combination of 
vessel operation, area, gear, or species endorsements, an FFP, by 
itself, does not necessarily authorize the FFP holder or the vessel 
named on the FFP to participate in the Federal Pacific cod fisheries. 
Most of the vessels that are used to participate in the Federal Pacific 
cod fisheries in the BSAI are also are required to have a groundfish 
LLP license.
2. License Limitation Program (LLP) License
    A groundfish LLP license authorizes a vessel to be used in a 
directed fishery for groundfish in the BSAI in accordance with the 
specific area and species endorsements, the vessel and gear 
designations, the maximum length overall (MLOA) specified on the 
license, and any exemption from the MLOA specified on the license. Most 
vessel operators fishing for groundfish in the BSAI must have an LLP 
license on board at all times when the vessel is engaged in fishing 
activities (Sec.  679.4(k)). LLP licenses are issued by NMFS to 
qualified persons. Exemptions to the LLP license requirement in the 
BSAI are listed at Sec.  679.4(k)(2), including an exemption for any 
vessel that does not exceed 32 feet length overall (LOA), and an 
exemption for jig vessels less than or equal to 60 feet (18.3 m) LOA 
that use a maximum of 5 jig machines, one line per jig machine, and a 
maximum of 15 hooks per line.
    In order to participate in the BSAI Pacific cod fisheries, several 
endorsements are required to be specified on an LLP license, such as 
vessel operation type, area, gear designation, and maximum length 
overall (MLOA). The endorsements for operation type on LLP licenses are 
either catcher vessel or catcher/processor. A catcher vessel 
endorsement allows a vessel to harvest but not process fish on board. A 
catcher/processor endorsement allows both harvesting and onboard 
processing, and also allows a vessel to deliver the catch to a separate 
processor. Area endorsements on BSAI groundfish LLP licenses authorize 
a vessel to fish in either the Bering Sea, the Aleutian Islands, or 
both areas. Gear endorsements for BSAI groundfish LLP licenses are 
either for trawl, non-trawl, or both gear types. For groundfish vessels 
with non-trawl endorsed licenses, NMFS implemented regulations in 2002 
that require a Pacific cod endorsement for hook-and-line and pot gear 
LLP licenses on catcher/processor vessels and catcher vessels that are 
60 feet LOA or greater and that are used to participate in the BSAI 
Pacific cod fisheries (67 FR 18130, April 15, 2002). Catcher vessels 
less than 60 feet are exempt from the required Pacific cod endorsement 
on their LLP license.
    Groundfish LLP licenses also identify whether the license is 
associated with the Amendment 80, American Fisheries Act, or Gulf of 
Alaska Rockfish license limitation programs. BSAI groundfish LLP 
licenses further specify whether the license is restricted by 
regulatory sideboards from being used in other fisheries.
    Unlike the FFP, the endorsements on an LLP license are not 
generally severable from the license. An LLP license, with its 
associated endorsements, can be reassigned to a different vessel only 
once per year. In general, a vessel is authorized to only use gear 
consistent with the gear designation on the LLP license. Like FFPs, 
because these Federal requirements apply as a condition of holding an 
LLP license, operators of vessels that have not been issued an LLP 
license and that fish exclusively in state waters fisheries are not 
required to comply with Federal requirements for LLP licenses.

BSAI State Waters Pacific Cod Fisheries

    The Bering Sea ABC and the Aleutian Islands ABC are apportioned 
between the State's GHL Pacific cod fisheries and the Federal 
fisheries, which includes catch of Pacific cod in the State's

[[Page 58326]]

parallel Pacific cod fisheries. In the state waters adjacent to the 
BSAI EEZ, the State manages two parallel Pacific cod fisheries and 
three GHL fisheries under Alaska statutes and regulations developed by 
the Alaska Board of Fisheries. Two of the GHL fisheries are held in the 
Alaska Department of Fish and Game (ADF&G) Dutch Harbor Subdistrict of 
the Bering Sea; the third is within the Aleutian Islands Subdistrict of 
the Aleutian Islands.

Parallel Pacific Cod Fisheries

    During the Federal BSAI Pacific cod fisheries in the EEZ, the State 
creates concurrent, or parallel, Pacific cod fisheries in state waters 
by generally adopting NMFS management actions for state waters. The 
initial Federal BSAI Pacific cod season (``A-Season'') opens January 1 
for vessels using hook-and-line, pot, and jig gear, and January 20 for 
vessels using trawl gear. Unless specifically prohibited by State 
regulation, (e.g., nonpelagic trawl gear is prohibited in state waters 
by 5 AAC 39.164 (4)), the State authorizes the same gear types, 
seasons, and bycatch limits that apply in the adjacent Federal BSAI 
Pacific cod season during a parallel fishery. During a State parallel 
Pacific cod fishery in state waters adjacent to the BSAI, vessels using 
longline gear may not exceed 58 feet in overall length (OAL) (5 AAC 
28.690(c)). Except for vessels using mechanical jigging machines, State 
regulations require all vessels that participate in a parallel Pacific 
cod fishery to have an activated vessel monitoring system (VMS) (5 AAC 
28.087(c)).
    Although the State adopts many of the management measures 
applicable to vessels participating in the Federal BSAI Pacific cod 
fisheries in the EEZ, the State does not require vessels that 
participate in the State's parallel Pacific cod fisheries to possess an 
FFP or an LLP license. Effective as of January 1, 2012, NMFS 
implemented regulations at Sec.  679.7 that prohibit Federally-
permitted catcher/processor pot and catcher/processor hook-and-line 
vessels from being used to catch and retain Pacific cod in state waters 
during the State's parallel fisheries unless the vessel is designated 
on an FFP and an LLP license that have the required endorsements (76 FR 
73513, November 29, 2011). Additionally, regulations at Sec.  679.7 
require Federal permit holders who operate vessels in these two 
catcher/processor sectors to adhere to the Federal BSAI Pacific cod 
opening and closing periods when they participate in the State's 
parallel fisheries. At this time, vessels in other non-CDQ fishery 
sectors may participate in the State's Pacific cod parallel fisheries 
without having an FFP, an LLP license, and endorsements necessary to 
participate in the Federal fishery.
    As mentioned above, Pacific cod harvested during the State's 
parallel fishery accrue toward the Federal Pacific cod TAC. The State 
closes its parallel Pacific cod fishery by gear sector when NMFS 
determines the TAC for Federal fishery sectors using that gear type has 
been reached or when incidental species allowances are met.
    Section 2.7 of the Analysis provides specific details on the number 
of vessels that have participated in the State's BSAI Pacific cod 
parallel fisheries, by vessel sector, over the 2010-2019 period. For 
all sectors combined, the total number of participating vessels in the 
BSAI Pacific cod parallel fisheries has ranged from 13 to 39 vessels 
per year. The proportion of Pacific cod that these vessels have caught 
in state waters during the concurrent BSAI Federal waters Pacific cod 
fishery and State parallel fisheries over that period has ranged from 2 
percent to 5 percent those sectors' BSAI Pacific cod catch.
    Between 1 and 11 jig vessels have participated annually in the 
State's Pacific cod parallel fisheries over the 2010-2018 period. Among 
all of the nine non-CDQ fishery sectors, jig vessels appear to be the 
most dependent on Pacific cod harvested in state waters during the 
concurrent Federal fishery and Pacific cod parallel fisheries; however, 
to protect confidential information, all but three years of the harvest 
data for jig vessels cannot be published in the analysis. It was the 
Council's intent that all jig vessels currently and historically 
fishing in Federal or state waters during the parallel fishery would 
not be subject to the provisions of this proposed rule. As mentioned 
previously, jig vessels less than 60 feet (18.3) LOA are exempt from 
LLP license requirements in the BSAI.
    The hook-and-line and pot catcher vessels less than 60 ft (HAL/pot 
< 60) sector was the next most dependent on the State's Pacific cod 
parallel fisheries. On an annual basis from 2010 through 2018, between 
9 and 18 vessels from this sector recorded landings in the parallel 
fisheries, with harvests that ranged from 18 percent to 43 percent of 
the sector's total annual Pacific cod catch from the Federal and State 
parallel fisheries. Trawl catcher vessels were the next most numerous 
participants in the State's parallel fisheries, with annual vessel 
participation that ranged from 3 to 15 vessels. The proportion of the 
Pacific cod trawl catcher vessel harvest taken from the parallel 
fisheries appears to be small, however, ranging from less than 1 
percent to 4 percent of this sector's overall targeted Federal and 
State parallel Pacific cod harvest. The other fishery sectors 
potentially affected by this proposed rule include pot catcher vessels 
greater than or equal to 60 feet LOA, hook-and-line catcher vessels 
greater than 60 feet LOA, and Amendment 80 vessels. Each of these 
sectors has very limited participation in the State's parallel 
fisheries during the period analyzed. Additional details on 
participation and harvests can be found in Tables 2-6 and 2-7 of the 
analysis.

GHL Fisheries

    State GHL fisheries for Pacific cod are also prosecuted in state 
waters, but occur when fishing by specific Pacific cod sectors in the 
Federal and parallel fisheries is closed. The State currently manages 
GHL fisheries in state waters adjacent to both the Bering Sea and 
Aleutian Islands subareas.
1. Dutch Harbor Subdistrict
    The Alaska Board of Fisheries (BOF) established the Dutch Harbor 
Subdistrict state waters Pacific cod GHL fishery in 2013 (5 AAC 
28.648). Vessels in the state waters Dutch Harbor Subdistrict GHL 
fishery may not exceed 58 feet LOA unless modified by ADF&G after 
October 1. Pot and jig gear are the only legal gear types.
    Current State regulations set the pot gear harvest at 8 to 15 
percent of the Bering Sea Pacific cod ABC, with annual step-up 
increments of an additional 1 percent of the Bering Sea ABC if the GHL 
is harvested in the previous year. At present, the 2020 GHL allocation 
is 9 percent of the Bering Sea Pacific cod ABC. In 2018, the BOF also 
adopted regulations for a separate and additional allocation of 100,000 
pounds of Pacific cod for the jig fishery in the Dutch Harbor 
Subdistrict. This allocation went into effect in 2019.
    By State regulations, the GHL fishery for pot gear in the Dutch 
Harbor Subdistrict opens seven days after NMFS closes the initial BSAI 
Federal season to directed fishing for Pacific cod by hook-and-line and 
pot vessels less than 60 feet long. For vessels fishing jig gear, the 
State GHL fishery opens May 1. The GHL fisheries may re-open and close 
as needed to coordinate with Federal fishery openings.
2. Aleutian Islands Subdistrict
    The State manages the Aleutian Islands Subdistrict GHL fishery (5 
AAC 28.647) similar to the DHS fishery. Under current State 
regulations, the Aleutian Islands Subdistrict GHL is 31 percent of the 
Aleutian Islands ABC, with annual step-up provisions in 4

[[Page 58327]]

percent increments if the Aleutian Islands Subdistrict GHL is fully 
harvested the previous year, up to a maximum of 15 million pounds or 39 
percent of the Aleutian Islands ABC, whichever is less. The annual 
percentage remains in place so long as the GHL is fully harvested 
(i.e., harvest is 90 percent or more of the GHL). If the GHL is not 
fully harvested during two consecutive years, the regulations include a 
4 percent step-down provision. The minimum GHL in the AIS is set to be 
no less that 15 percent of the Aleutian Islands ABC.
    Regulations limit the length overall of vessels that can 
participate in the GHL fisheries in the AIS. Pot vessels are restricted 
to a maximum of 125 feet; trawl vessels to a maximum of 100 feet; and 
longline and jig vessels to a maximum of 58 feet.
    More information on Pacific cod harvests and participation in the 
GHL fisheries in the Dutch Harbor and Aleutian Islands Subdistricts can 
be found in Section 2.6 of the Analysis.

Need for This Action

    This proposed rule would prohibit some Federally-permitted vessels 
from fishing for Pacific cod in the State of Alaska's parallel fishery. 
Under current regulations, Federal FFPs and LLP licenses are only 
required for fishing activity in the EEZ. As a result, some vessels 
without an FFP or LLP license, or other vessels that have an FFP and 
LLP license but the LLP license is not endorsed for Pacific cod fishing 
in the adjacent BSAI Federal waters, have participated in the State's 
parallel fisheries. Additionally, the State is legally constrained from 
allocating resources within a single fishery, and as a result does not 
recognize sector allocations based on operation types, such as catcher 
vessel versus catcher/processor designations. This circumstance has 
inadvertently allowed fishing in the State parallel fisheries by 
catcher vessels even when the Federal fishery sector for those vessels 
has fully achieved its Federal Pacific cod allocation. This has been 
most common among hook-and-line vessels. The Council determined, and 
NMFS agrees, that this fishing activity has negative effects on the 
Federal management regime for BSAI Pacific cod and must be curtailed to 
maintain the conservation and management benefits intended by the 
Council and implemented by NMFS.
    For example, the Federal Pacific cod seasons for the hook-and-line 
catcher/processor sector typically remain open to directed fishing for 
much of the year, whereas the seasons for hook-and-line catcher vessel 
sectors, which fish under much smaller allocations, normally close 
earlier in the year. Because the State does not recognize sector 
allocations based on operation types, the State parallel Pacific cod 
fishery remains open for much of the year, so long as the catcher/
processor hook-and-line season is open. Therefore, when the catcher 
vessel hook-and-line allocation has been achieved, and NMFS closes that 
sector's season in Federal waters, some of those vessels have continued 
to fish for Pacific cod in state waters. When this has occurred, NMFS 
has been obligated to reallocate Pacific cod from other sectors to 
prevent overharvest of the area TAC. The Council determined that this 
complicates Federal conservation and management measures that are 
intended to hold sectors to their allocations. It also undermines the 
intent of previous Council decisions regarding license limitation, 
sector allocations, and catch reporting. The proposed regulations would 
address these issues.
    When evaluating these issues, the Council also considered the terms 
under which FFPs are issued. Under current regulations, an FFP is 
issued in a three-year cycle, but within that period, a vessel operator 
can surrender the FFP at any time, then reapply for a reissuance of the 
permit any number of times within the three-year cycle. This would 
provide an opportunity for vessel operators to avoid the prohibitions 
proposed in this rule. Lengthening the amount of time that must pass 
between the period when a person surrenders an FFP and later reapplies 
for a new FFP would create a disincentive for vessel owners to 
circumvent Federal regulations by temporarily surrendering the FFP. 
Similar concerns apply to FFP amendments.
    These proposed regulations are similar to regulations implemented 
by NMFS in 2011 as part of Amendment 83 to the Fishery Management Plan 
for Groundfish of the Gulf of Alaska (76 FR 74670, December 1, 2011), 
and also similar to regulations that apply to pot and hook-and-line 
catcher/processors in the BSAI (76 FR 73513, November 29, 2011).

Description of the Proposed Rule and Effects

FFP Requirements and LLP License

    This proposed rule would prohibit a trawl, hook-and-line, or pot 
gear vessel that is named on an FFP or LLP license to catch and retain 
BSAI Pacific cod in state waters during the State's parallel Pacific 
cod fishery unless the vessel is named on an FFP and LLP license that 
have the required endorsements. In addition, the proposed rule would 
prohibit a Federally-permitted hook-and-line, pot, or trawl gear vessel 
from catching and retaining BSAI Pacific cod in state waters during the 
State's parallel fishery when NMFS has closed the EEZ to directed 
fishing for Pacific cod by the sector to which the vessel belongs. 
Through this permit condition, Federally-permitted vessels would be 
required to adhere to Federal seasonal Pacific cod closures and other 
management measures for their fishery sector when participating in the 
State's parallel fisheries.
    Additionally, the proposed regulations would limit the number of 
times in which a vessel owner may relinquish an FFP and then reapply 
for a new FFP. Specifically, if an FFP is issued to a pot or hook-and-
line catcher vessel with a Bering Sea or Aleutian Islands Pacific cod 
endorsement, or to a trawl vessel with a Bering Sea or Aleutian Islands 
endorsement, and if the FFP for the vessel is surrendered, then the 
vessel will not be eligible to receive a new FFP until after the 
expiration date of the surrendered FFP.
    As noted above, the Council intended the regulatory amendments 
included in this proposed rule to expand upon rules already in place 
for BSAI catcher/processor vessels that fish for Pacific cod with pot 
or hook-and-line gear. Federal regulations currently require these two 
catcher/processor sectors to have an FFP and LLP license with correct 
Federal Pacific cod endorsements in order to fish in the parallel 
fisheries (76 FR 73513, November 29, 2011). These two Pacific cod 
catcher/processor sectors are also subject to the FFP relinquish and 
reapply rules mentioned above.
    The Council did not intend, and NMFS does not propose, to modify 
regulatory requirements for vessels using jig gear in the BSAI under 
this proposed rule. Additionally, this proposed rule does not limit 
participation in the state waters GHL fisheries.
    Section 2.7.6 of the Analysis provides details on the number and 
type of vessels that would potentially be affected by the regulations 
proposed in this rule. Over the 2010 to 2019 period, 138 vessels 
participated in the BSAI Pacific cod parallel fisheries. Among this 
group, 30 vessels are expected to be directly impacted by this proposed 
rule and might choose to adjust their permit and license holdings. 
Twenty-six of these vessels are hook-and-line/pot catcher vessels < 60 
ft., three are pot catcher vessels >= 60 ft., and one is a trawl 
catcher vessel.

[[Page 58328]]

    The Analysis indicates that 5 of the 30 vessels are potentially 
affected because they have participated in the State's parallel 
fisheries and they each have an LLP license that is valid for their 
sector in BSAI Federal waters, but they do not have an FFP. If they do 
not acquire an FFP they could continue to participate only in the 
parallel fishery as a state vessel, and not in Federal waters. However, 
if these vessels obtain an FFP they would be permitted to fish 
seamlessly in both Federal and state waters during the concurrent 
Federal waters and Pacific cod parallel fisheries. NMFS issues FFPs 
free of charge; however, among other things, the FFP stipulates the use 
of fishery observers and observer fee obligations, along with some 
recordkeeping requirements. To these vessels, the added flexibility and 
potential gains in revenue associated with an FFP are expected to 
outweigh the costs.
    The remaining affected vessels have FFPs, but they either: (1) Do 
not have an LLP license assigned to them; or, (2) have an LLP license 
but the LLP license does not have the correct endorsements; or, (3) 
they have an LLP license with the correct endorsements but they have a 
history of Pacific cod fishing in the State's parallel fishery when 
their sector is closed to Pacific cod fishing in the adjacent Federal 
waters. The Analysis indicates there are 8 vessels in the first group 
(assigned to an FFP but no LLP license). Each of these vessels has a 
history of participation in the halibut IFQ fishery, as well as 
participation in the BSAI Pacific cod parallel fishery during the 2010-
2019 period. The Analysis indicates that for these vessels, Pacific cod 
is retained as an incidental species during the targeted halibut and/or 
sablefish fisheries. Under this proposed rule, these 8 vessels would 
need to acquire a properly endorsed LLP license in order to continue to 
retain Pacific cod in the parallel fisheries. The remaining vessels in 
the groups described above are assigned to FFPs and LLPs, and have 
fished for Pacific cod in state waters during the parallel fisheries at 
times when they were prohibited from Pacific cod fishing in Federal 
waters. Fifteen of these vessels are hook-and-line catcher vessels < 60 
ft., and have a history of fishing in the parallel fisheries in the 
scenario described previously: When their catcher vessel sector was 
closed in Federal waters, they continued to fish in the parallel 
fishery because the catcher/processor hook-and-line sector remained 
open. Under this proposed rule, these catcher vessels could continue to 
fish for Pacific cod in the parallel fishery, but they would be 
required to adhere to the seasonal closures and other management 
measures that apply to their LLP sector in Federal waters.

Amending, Surrendering, and Reissuing an FFP

    The regulations proposed in this rule would also prohibit amendment 
of an FFP during its effective period and would create a disincentive 
for a vessel operator to surrender, or relinquish, the FFP during its 
effective period. Under current regulations, an FFP holder could avoid 
Federal FFP and LLP license, vessel observer, and catch reporting 
requirements by amending or surrendering the FFP to fish in the Pacific 
cod parallel fishery, and then requesting that NMFS amend or reissue 
the FFP so that the vessel can be used to resume fishing in the EEZ. 
Amending or surrendering an FFP may degrade the quality of information 
available to NMFS to manage the Pacific cod fishery and provide an 
opportunity to undermine the intent of this proposed rule. As noted 
above, FFPs are currently issued on a three-year cycle; however, a 
vessel operator with an FFP can amend or surrender the permit at any 
time and have the FFP reissued any number of times within the three-
year cycle. Prohibiting amendment of an issued FFP during the three-
year cycle and lengthening the amount of time that must pass before a 
person can reapply for a surrendered FFP would make it more difficult 
for FFP holders to circumvent the proposed regulations by temporarily 
amending or surrendering the FFP. These proposed provisions for FFPs 
would address situations where a vessel owner could choose to amend or 
surrender the FFP before fishing in the State parallel or GHL fisheries 
to avoid NMFS observer or recordkeeping and reporting requirements, and 
then seek to amend or reissue the FFP for the opening of the Federal 
waters fishery.

Proposed Regulations

    This proposed rule would amend paragraphs (b)(3)(ii)(B) and 
(b)(3)(iii)(B) in 50 CFR 679.4 by expanding the scope of the applicable 
FFP vessel operation types to include both catcher/processors and 
catcher vessels. The proposed revisions would also specify that the 
applicable FFP gear types include trawl, pot, and hook-and-line gears. 
Note this proposed rule explicitly excludes vessels using jig gear from 
the suggested regulatory actions.
    This proposed rule would also amend paragraphs (c)(3) and (4) in 50 
CFR 679.7 to expand the scope vessels that would be prohibited from 
participating in the BSAI parallel fisheries without properly endorsed 
LLP licenses. The current regulations that restrict fishing in the 
Pacific cod parallel fisheries apply only to catcher/processor vessels 
fishing pot or hook-and-line gear in the parallel waters of the BSAI. 
The proposed action would change these regulations to identify both 
catcher/processor and catcher vessel operation types, and to include 
vessels using trawl, pot, and hook-and-line gear types in the 
regulations.
    Modifying the regulations currently at Sec.  679.7(c)(4)(i) to 
include trawl, pot, and hook-and-line gear types would provide an 
opportunity to simplify the regulations by deleting paragraph 
(c)(4)(ii) in Sec.  679.7.
    Finally, this proposed rule would amend paragraph (b)(3)(i) in 50 
CFR 679.4 to specifically reference the three-year cycle NMFS uses for 
issuance of FFPs. Regulations at Sec.  679.4(b) govern issuance of 
FFPs, and for many years specifically referenced the three-year cycle 
followed by NMFS for issuing FFPs. NMFS proposed to maintain the three-
year cycle when it published a proposed rule to modify recordkeeping 
and reporting regulations in 2007 (72 FR 35747; June 29, 2007). 
However, the specific reference to the three-year cycle was 
inadvertently omitted in the supplemental proposed rule (73 FR 55368; 
September 24, 2008) and not included in the final rule (73 FR 76136; 
December 15, 2008). NMFS has continued to use a three-year cycle for 
issuing FFPs and this proposed rule would reinsert the specific 
reference to this cycle.

Classification

    Pursuant to Section 304(b)(1)(A) of the Magnuson-Stevens Act, the 
NMFS Assistant Administrator has determined that this proposed rule is 
consistent with 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 
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 the action alternative over the 
status quo, and is recommending the regulatory revisions

[[Page 58329]]

in this proposed rule 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 Initial Regulatory Flexibility Analysis (IRFA) was prepared 
for this action, as required by Section 603 of the Regulatory 
Flexibility Act (RFA) to describe the economic impact this proposed 
rule, if adopted, would have on small entities. This IRFA describes the 
action; the reasons why this action is proposed; the objectives and 
legal basis for this proposed rule; the number and description of 
directly regulated small entities to which this proposed rule would 
apply; the recordkeeping, reporting, and other compliance requirements 
of this proposed rule; and the relevant Federal rules that may 
duplicate, overlap, or conflict with this proposed rule. This IRFA also 
describes significant alternatives to this proposed rule that would 
accomplish the stated objectives of the Magnuson-Stevens Act, and any 
other applicable statutes, and that would minimize any significant 
economic impact of this proposed rule on small entities. The 
description of the proposed action, its purpose, and the legal basis 
are explained in the preamble and in the Analysis and are not repeated 
here.
    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.
    This proposed rule would directly regulate individuals and entities 
that participate, or would seek to participate, in the BSAI Pacific cod 
parallel fisheries with vessels using trawl, hook-and-line, and pot 
gear. As noted above, 192 vessels have a history of participation in 
the Pacific cod parallel fisheries over the 2010 through 2019 period. 
Based upon the estimated ex-vessel earnings of these vessels, the 
Analysis indicates 71 vessels are considered small entities. Of the 30 
vessels that would be directly impacted by the proposed regulations in 
this rule, 29 are considered small entities, based on SBA criteria.
    The proposed rule, which would prohibit certain Federally-permitted 
vessels from catching and retaining Pacific cod in the parallel fishery 
unless the vessel has the required permits, licenses, and endorsements, 
is intended to reflect the intent of previous recommendations by the 
Council regarding license limitation, vessel sector allocations of 
Pacific cod, and catch reporting. Additionally, the proposed rule is 
expected to enhance the conservation and management of the fisheries by 
holding vessel sectors to their allocations and to promote the goals 
and objectives of the BSAI FMP for the Federal Pacific cod fishery. In 
2011, NMFS implemented provisions similar to this proposed rule as part 
of Amendment 83 to the Fishery Management Plan for Groundfish of the 
Gulf of Alaska. Similarly, these proposed regulations for the BSAI 
would add hook-and-line catcher vessels, pot catcher vessels, and trawl 
gear vessels to existing BSAI Pacific cod fishing regulations, which 
currently regulate catcher processor hook-and-line and pot gear vessels 
in a similar fashion as the suggested regulations in this proposed 
rule.
    The majority of the 30 vessel owners who would be directly impacted 
by this proposed rule currently have LLP licenses that would allow them 
to participate in the parallel fisheries under this proposed rule. Five 
of the 30 vessels currently do not have FFPs, which prevents them from 
fishing in Federal waters. Under the proposed rule, these vessels could 
continue to fish as they do now, solely in state waters. However, if 
the vessel owners choose to obtain an FFP, their vessels would have the 
flexibility to fish in both state and Federal waters during the 
directed Federal Pacific cod fishery for their sector. Also among the 
30 directly impacted vessels, 15 other vessels are currently associated 
with FFPs and are linked to LLP licenses that would allow them to 
continue to fish for Pacific cod in both Federal and state waters 
during the concurrent Federal and parallel fisheries; however, in 
previous years, an incremental portion of their participation has 
occurred in the parallel fishery when their sector was closed to 
fishing in Federal waters. Under this proposed rule, these vessels 
would no longer be able to circumvent seasonal closures for their 
sector by participating in the parallel fishery after their Federal 
sector has been closed. This would ensure that their Pacific cod 
harvests would be attributed to the appropriate sector, as designated 
on their LLP license.
    Vessel owners most likely to be impacted by this proposed rule are 
those whose vessels have an FFP and participate in the parallel 
fishery, but who do not have the appropriate LLP license to fish for 
Pacific cod in the BSAI Federal waters. These vessels could either exit 
the parallel fishery and therefore the BSAI Pacific cod fishery 
entirely, or they could forfeit their FFP (and therefore fish solely in 
state waters, but also forfeit Federal fishing opportunities associated 
with their FFP), or they could obtain a valid LLP license that would 
allow them the flexibility to participate in both the Federal and 
parallel Pacific cod fisheries. Because LLP licenses are a transferable 
and marketable asset, the owners' decisions would likely be influenced 
by the cost and availability of an LLP license.

List of Subjects in 50 CFR Part 679

    Alaska, Fisheries, Reporting and recordkeeping requirements.

    Dated: September 14, 2020.
Samuel D. Rauch, III,
Deputy Assistant Administrator for Regulatory Programs, National Marine 
Fisheries Service.
    For the reasons set out in the preamble, NMFS proposes to amend 50 
CFR part 679 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, revise paragraphs (b)(3)(i), (b)(3)(ii)(B), and 
(b)(3)(iii)(B) to read as follows:


Sec.  679.4  Permits.

* * * * *
    (b) * * *
    (3) * * *
    (i) Length of permit effectiveness. NMFS issues FFPs on a three-
year cycle and an FFP is in effect from the effective date through the 
expiration date, as indicated on the FFP, unless the FFP is revoked, 
suspended, surrendered in accordance with paragraph (a)(9) of this 
section, or modified under Sec.  600.735 or Sec.  600.740 of this 
chapter.
    (ii) * * *
    (B) For the BSAI, NMFS will not reissue a surrendered FFP to the 
owner or authorized representative of a vessel named on an FFP that has 
been issued with endorsements for catcher/processor or catcher vessel 
operation

[[Page 58330]]

type; trawl, pot, and/or hook-and-line gear type; and the BSAI area, 
until after the expiration date of the surrendered FFP as initially 
issued.
* * * * *
    (iii) * * *
    (B) In the BSAI, NMFS will not approve an application to amend an 
FFP to remove a catcher/processor or catcher vessel operation type 
endorsement, trawl gear type endorsement, pot gear type endorsement, 
hook-and-line gear type endorsement, or BSAI area endorsement from an 
FFP that has been issued with endorsements for catcher/processor or 
catcher vessel operation type, trawl, pot, or hook-and-line gear type, 
and the BSAI area.
* * * * *
0
3. In Sec.  679.7, revise paragraphs (c)(3) and (4) to read as follows:


Sec.  679.7  Prohibitions.

* * * * *
    (c) * * *
    (3) Parallel Pacific cod fisheries--participation requirements. Use 
a vessel named or required to be named on an FFP to catch and retain 
Pacific cod from State of Alaska waters adjacent to the BSAI, when 
Pacific cod caught by that vessel is deducted from the Federal TAC 
specified under Sec.  679.20(a)(7)(ii)(A)(2) through (9), unless:
    (i) That non-trawl vessel is designated on both:
    (A) An LLP license issued under Sec.  679.4(k), unless that vessel 
is using jig gear and exempt from the LLP license requirement under 
Sec.  679.4(k)(2)(iii). Each vessel required to have an LLP license 
must be designated with the following endorsements:
    (1) The BSAI area endorsement for the BSAI area adjacent to the 
parallel fishery where the harvest occurred; and
    (2) A BSAI catcher/processor Pacific cod hook-and-line endorsement, 
a BSAI catcher/processor Pacific cod pot endorsement, or a BSAI Pacific 
cod catcher vessel endorsement if that catcher vessel is 60 feet or 
greater length overall; and
    (B) An FFP issued under Sec.  679.4(b) with the following 
endorsements:
    (1) A catcher/processor or catcher vessel operation type 
endorsement;
    (2) A BSAI area endorsement; and
    (3) A pot or hook-and-line gear type endorsement.
    (ii) Or, that trawl vessel is designated on both:
    (A) An LLP license issued under Sec.  679.4(k) endorsed for trawl 
gear with the BSAI area endorsement for the BSAI area adjacent to the 
parallel fishery where the harvest occurred; and
    (B) An FFP issued under Sec.  679.4(b) with the following 
endorsements:
    (1) The BSAI area endorsement;
    (2) An operational type endorsement;
    (3) A trawl gear type endorsement; and
    (4) A Pacific cod gear type endorsement.
    (4) Parallel Pacific cod fisheries--closures. Use a vessel named or 
required to be named on an FFP to catch and retain Pacific cod with 
trawl, pot, or hook-and-line gear from State of Alaska waters adjacent 
to the BSAI when Pacific cod caught by that vessel is deducted from the 
Federal TAC specified under Sec.  679.20(a)(7)(ii)(A) for trawl, pot, 
or hook-and-line gear, if directed fishing for Pacific cod is not open 
for the sector to which the vessel belongs in Federal waters.
* * * * *
[FR Doc. 2020-20571 Filed 9-17-20; 8:45 am]
BILLING CODE 3510-22-P