[Federal Register Volume 87, Number 211 (Wednesday, November 2, 2022)]
[Proposed Rules]
[Pages 66125-66126]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-23849]



[[Page 66125]]

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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

RIN 0648-BL54


Fisheries of the Exclusive Economic Zone Off Alaska; Amendment 
124 to the BSAI FMP for Groundfish and Amendment 112 to the GOA FMP for 
Groundfish To Revise IFQ Program Regulations

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

ACTION: Notice of availability of fishery management plan amendment; 
request for comments.

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SUMMARY: The North Pacific Fishery Management Council (Council) 
submitted Amendment 124 to the Fishery Management Plan for Groundfish 
of the Bering Sea and Aleutian Islands Management Area (BSAI FMP) and 
Amendment 112 to the Fishery Management Plan for Groundfish of the Gulf 
of Alaska (GOA FMP) to the Secretary of Commerce for review. If 
approved, Amendment 124 to the BSAI FMP and Amendment 112 to the GOA 
FMP would authorize the use of jig gear in the sablefish individual 
fishing quota (IFQ) and community development quota (CDQ) programs. 
Amendment 124 would also remove the residency requirements for 
Community Quota Entity (CQE). These amendments are intended to promote 
the goals and objectives of the Magnuson-Stevens Fishery Conservation 
and Management Act (Magnuson-Stevens Act), the FMPs, and other 
applicable laws.

DATES: Submit comments on or before January 3, 2023

ADDRESSES: You may submit comments on this document, identified by 
[NOAA-NMFS-2022-0092], by any of the following methods:
     Electronic Submission: Submit all electronic public 
comments via the Federal e-Rulemaking Portal. Go to https://www.regulations.gov and enter [NOAA-NMFS-2022-0092] in the Search box. 
Click on the ``Comment'' icon, complete the required fields, and enter 
or attach your comments.
     Mail: Submit written comments to the Assistant Regional 
Administrator, Sustainable Fisheries Division, Alaska Region NMFS. Mail 
comments to P.O. Box 21668, Juneau, AK 99802-1668.
    Instructions: Comments sent by any other method, to any other 
address or individual, or received after the end of the comment period, 
may not be considered by NMFS. All comments received are a part of the 
public record and will generally be posted for public viewing on 
www.regulations.gov without change. All personal identifying 
information (e.g., name, address, etc.), confidential business 
information, or otherwise sensitive information submitted voluntarily 
by the sender will be publicly accessible. NMFS will accept anonymous 
comments (enter ``N/A'' in the required fields if you wish to remain 
anonymous).
    Electronic copies of the FMP Amendments, the Environmental 
Assessment/Regulatory Impact Review (herein referred to as the 
``Analysis''), and the Finding of No significant Impact (FONSI) 
prepared for this action are available from www.regulations.gov or from 
the NMFS Alaska Region website at https://www.fisheries.noaa.gov/region/alaska.

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

SUPPLEMENTARY INFORMATION: NMFS manages the groundfish fisheries of the 
BSAI under the BSAI FMP and the GOA under the GOA FMP. The North 
Pacific Fishery Management Council (Council) prepared, and the 
Secretary of Commerce (Secretary) approved, the BSAI FMP and GOA FMP 
under the authority of the Magnuson-Stevens Act (16 U.S.C. 1801 et 
seq.). The Magnuson-Stevens Act requires that each regional fishery 
management council submit any FMP amendment prepared to NMFS for review 
and approval, disapproval, or partial approval by the Secretary of 
Commerce. The Magnuson-Stevens Act also requires that NMFS, upon 
receiving a FMP amendment, immediately publish a document in the 
Federal Register announcing that the amendment is available for public 
review and comment. This notice announces that the proposed amendments 
are available for public review and comment.
    Amendment 124 to the BSAI FMP would authorize jig gear for the 
harvest of sablefish IFQ and CDQ in the BSAI. Amendment 112 to the GOA 
FMP would authorize jig gear for the harvest of sablefish IFQ and CDQ 
in the GOA. These FMP revisions specific to the IFQ Program and CDQ 
Program would increase allowable gear types for fishery participants 
and provide an additional opportunity for entry-level participation. 
These FMP revisions would also provide consistency across fixed gear 
terminology for both FMPs so that it is clear that jig gear is an 
allowable gear type and is a separate category from other fixed gear 
types.
    Amendment 124 to the BSAI FMP would also remove reference to 
specific residency requirement and lease provisions for the CQE Program 
and defer to regulations. This would allow any future regulatory 
changes to be implemented without an FMP amendment.
    Amendment 124 to the BSAI FMP would amend Section 3.2.4.3 of the 
FMP to authorize jig gear to harvest sablefish in the BSAI sablefish 
IFQ and CDQ fisheries. This amendment would add jig gear to the list of 
fixed gear types. Section 3.7.1.8.4 would be revised to remove the 
reference to residency requirements for leasing quota share (QS) and 
adding a sentence which defers to regulations for CQEs that both own 
and wish to lease QS.
    Amendment 112 to the GOA FMP would amend Table ES-2, Section 
3.2.3.4.3.3.1, 3.4.2, 3.7.1.1, and 4.1.2.3 to authorize jig gear to 
harvest sablefish in the GOA sablefish IFQ and CDQ fisheries. This 
amendment would add jig gear as a separate gear category from longline 
gear for consistency with the BSAI FMP and regulations. These 
amendments are necessary to provide entry-level fishing opportunities 
for fishery participants, provide consistency across FMPs and in 
regulations, and defer to regulations for residency requirements for 
leasing CQE.
    The Council's intent to authorize jig gear as a legal gear type for 
the harvest of sablefish IFQ and CDQ is to provide an entry-level 
opportunity for fishery participants to harvest sablefish IFQ and CDQ. 
Vessels that use jig gear contribute to a diversified fishing portfolio 
for combination fishing vessels in coastal communities. Most jig 
vessels target Pacific cod followed by rockfish. The majority of jig 
harvested groundfish occurs in the GOA, however, authorizing jig gear 
for the harvest of sablefish could increase its use in the BSAI. 
Amendment 124 to the BSAI and Amendment 112 to the GOA would provide 
fishery participants the opportunity to use jig gear to harvest 
sablefish IFQ and align FMPs and regulations for consistency and 
clarity.
    The Council's intent to remove the Adak CQE residency requirement 
for a period of 5 years is to create additional opportunities for the 
Adak CQE to fully harvest its allocation. The exception would allow the 
Adak CQE, the Adak Community Development Corporation (ACDC) to lease QS 
to non-residents on an annual basis to increase utilization of CQE held 
QS and stimulate a stable fishing economy in the community. Amendment 
124 to the BSAI FMP

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would provide flexibility if regulations for the Adak CQE residency 
requirements are recommended for revisions in the future because an FMP 
amendment would no longer be required.
    NMFS is soliciting public comments on the proposed amendments 
through the end of the comment period (see DATES). NMFS intends to 
publish in the Federal Register and seek public comment on a proposed 
rule that would implement these amendments, following NMFS's evaluation 
of the proposed rule under the Magnuson-Stevens Act and the Halibut 
Act. All comments received by the end of the comment period on these 
amendments, whether specifically directed to the FMP amendments or the 
proposed rule, will be considered in the approval/disapproval decision 
on these amendments. Comments received after that date may not be 
considered in the approval/disapproval decision on these amendments. To 
be certain of consideration, comments must be received, not just 
postmarked or otherwise transmitted, by the last day of the comment 
period.

    Authority: 16 U.S.C. 1801 et seq.

    Dated: October 28, 2022.
Jennifer M. Wallace,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2022-23849 Filed 11-1-22; 8:45 am]
BILLING CODE 3510-22-P