[Federal Register Volume 88, Number 38 (Monday, February 27, 2023)]
[Rules and Regulations]
[Pages 12259-12266]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-03669]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[Docket No. 230216-0043]
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: Final rule.

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SUMMARY: NMFS issues a final rule to implement 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). First, 
this final rule amends regulations for the Individual Fishing Quota 
(IFQ) and Community Development Quota (CDQ) Programs for pot gear 
configurations, pot gear tending and retrieval requirements, pot 
limits, and associated recordkeeping and reporting requirements. These 
changes increase operational efficiency and flexibility for IFQ holders 
and CDQ groups. Second, this final rule authorizes jig gear as a legal 
gear type for harvesting sablefish IFQ and CDQ, increasing 
opportunities for entry-level participants. Third, this final rule 
temporarily removes the Adak community quota entity (CQE) residency 
requirement for a period of five years. These actions are intended to 
promote the goals and objectives of the Northern Pacific Halibut Act of 
1982 (Halibut Act), the Magnuson-Stevens Fishery Conservation and 
Management Act (Magnuson-Stevens Act), the BSAI FMP, GOA FMP, and other 
applicable laws.

DATES: Effective February 27, 2023.

ADDRESSES: Electronic copies of the Environmental Assessment and the 
Regulatory Impact Review (herein referred to as the ``Analysis'') 
prepared for this final rule are available from www.regulations.gov or 
from the NMFS Alaska Region website at https://www.fisheries.noaa.gov/region/alaska.
    Written comments regarding the burden-hour estimates or other 
aspects of the collection-of-information requirements contained in this 
final rule may be submitted to NMFS Alaska Region, P.O. Box 21668, 
Juneau, AK 99802-1668, Attn: Assistant Regional Administrator, 
Sustainable Fisheries Division; and to www.reginfo.gov/public/do/PRAMain. Find the particular information collection by using the search 
function.

FOR FURTHER INFORMATION CONTACT: Abby Jahn, 907-586-7228.

SUPPLEMENTARY INFORMATION: 

Background

    The North Pacific Fishery Management Council (Council) recommended 
Amendment 124 to the BSAI FMP and Amendment 112 to the GOA FMP to 
authorize the use of jig gear in the sablefish IFQ and CDQ programs. 
Amendment 124 would also remove the residency requirements for CQE. The 
Council also recommended changes to Federal regulations to increase 
operational efficiency and flexibility for IFQ holders and CDQ groups. 
Fishery Management Plan amendments and regulations developed by the 
Council may be implemented by NMFS only after approval by the Secretary 
of Commerce. Similarly, halibut fishery regulations developed by the 
Council may only be implemented by NMFS after approval of the Secretary 
of Commerce. NMFS published a Notice of Availability for Amendment 124 
to the BSAI FMP and Amendment 112 to the GOA FMP in the Federal 
Register on (87 FR 66125, November 2, 2022) with comments invited 
through January 3, 2023. NMFS published a proposed rule to implement 
Amendment 124 to the BSAI FMP and Amendment 112 to the GOA FMP (87 FR 
71559, November 23, 2022) with comments invited through December 23, 
2022.
    This final rule implements provisions that affect IFQ halibut and 
IFQ sablefish in the GOA and IFQ and CDQ halibut and sablefish in the 
BSAI. The IFQ and CDQ fisheries are prosecuted in accordance with 
discrete catch limits and managed in separate geographic areas of 
harvest. Sablefish IFQ regulatory areas are defined and shown in Figure 
14 to 50 CFR part 679 and section 1.3 of the Analysis. Halibut IFQ 
areas are consistent with International Pacific Halibut Commission 
(IPHC) regulatory areas and are defined and shown in Figure 15 to 50 
CFR part 679 and section 1.3 of the Analysis. This final rule applies 
within sablefish IFQ areas in the GOA, specifically the Southeast 
Outside (SEO) District of the GOA, West Yakutat (WY) District of the 
GOA, Central GOA (CGOA), and Western GOA (WGOA). This final rule

[[Page 12260]]

also applies to the halibut IFQ Area 4 in the BSAI.
    The following sections summarize the IFQ, CDQ, and CQE Programs; 
modifications to Amendment 101 to the GOA FMP through this final rule; 
applicability of halibut retention; and authorized gear changes. 
Additional details are provided in the preamble to the proposed rule 
(87 FR 71559, November 23, 2022).

IFQ, CDQ, and CQE Programs

    Commercial halibut and sablefish fisheries in the GOA and BSAI are 
managed primarily under the IFQ Program. The IFQ Program was 
implemented in 1995 (58 FR 59375, November 9, 1993) and is managed 
pursuant to regulations at 50 CFR parts 300 and 679 under the authority 
of section 5 of the Halibut Act, 16 U.S.C. 773c, and section 303(b) of 
the Magnuson-Stevens Act, 16 U.S.C. 1853(b). The IFQ Program allocates 
halibut and sablefish quota share (QS). QS allows the holder to harvest 
a specific percentage of either the annual commercial catch limit in 
the halibut fishery or the total allowable catch (TAC) in the sablefish 
fishery.
    The Western Alaska CDQ Program was implemented in 1992 (57 FR 
54936, November 23, 1992). Subsequently, the Magnuson-Stevens Act was 
amended to include provisions specific to the CDQ Program. The purposes 
of the CDQ Program are: (1) to provide eligible western Alaska villages 
with the opportunity to participate and invest in fisheries in the BSAI 
management area; (2) to support economic development in western Alaska; 
(3) to alleviate poverty and provide economic and social benefits for 
residents of western Alaska; and (4) to achieve sustainable and 
diversified local economies in western Alaska (16 U.S.C. 
1855(i)(1)(A)).
    The CQE Program was implemented in 2004 (69 FR 23681, April 30, 
2004). The purpose of the CQE Program is to improve the ability for 
rural coastal communities to maintain long-term opportunities to access 
the halibut and sablefish resources for the GOA. The CQE Program was 
later amended under Amendment 102 to the BSAI FMP to include eligible 
communities such as Adak (79 FR 8870, February 14, 2014). The Adak CQE 
has purchased IFQ Program QS. Each year, a CQE may transfer (lease) its 
IFQ to one or more eligible individuals who must be onboard when the 
IFQ is fished and landed. Caps limit the amount of QS that can be held 
on behalf of each community and collectively for all communities. 
Limitations on leasing IFQ derived from QS held by a CQE were 
established for either eligible community residents of Adak or non-
residents for a period of five years. The purpose of the time 
limitation was to explicitly tie the potential long-term benefits of QS 
held by an Aleutian Islands CQE to the residents of Adak. The Council, 
in part, recommended this action to remove the residency requirement 
for an additional period of five years with the intent of creating more 
opportunities for the Adak CQE to fully harvest its allocation.
    Section 4.3 of the Analysis (available as indicated in the 
ADDRESSES section above) and the preamble to the proposed rule prepared 
for this action provide additional detail on the IFQ, CDQ, and CQE 
programs (87 FR 71559, November 23, 2022).

Provisions of Amendment 101

    This final rule modifies provisions implemented under Amendment 101 
to the GOA FMP (81 FR 95435, December 28, 2016). Amendment 101 
authorized the use of longline pot gear in the GOA sablefish IFQ 
fishery; established pot limits, gear retrieval and tending 
requirements, and gear marking requirements; and required vessel 
operators to comply with current retention requirements under the IFQ 
Program. In recommending Amendment 101, the Council indicated its 
intent to monitor interactions between longline pot and hook-and-line 
gear in the GOA sablefish IFQ fishery and to determine whether changes 
to regulatory provisions were needed. In 2021, the Council reviewed 
provisions of the GOA sablefish IFQ fishery. The review and public 
testimony highlighted that some gear provisions such as pot limits, 
gear retrieval, and tending requirements implemented under Amendment 
101 were either too restrictive or not meeting the original intent. As 
a result, the Council initiated analysis of the IFQ Omnibus action. 
Refer to sections 1.2 and 2.4 of the Analysis and to the preamble of 
the proposed rule for this action (87 FR 71559, November 23, 2022) for 
a further discussion on the development of and modifications to 
Amendment 101 through this final rule.

Halibut Retention

    Sablefish IFQ fishermen who also hold halibut IFQ are required to 
retain halibut that are 32 inches or greater in length (legal size) 
harvested in the BSAI and GOA sablefish IFQ fishery, provided they have 
unused halibut IFQ. This regulation was implemented with the IFQ 
Program in 1995 and is intended to promote full utilization of halibut 
by reducing discards of halibut caught incidentally in the sablefish 
IFQ fishery. Many IFQ fishermen hold both sablefish and halibut IFQ, 
and the two species can overlap in some fishing areas (58 FR 59375, 
November 9, 1993). In 2016, the IPHC recommended annual management 
measures that authorized longline pot gear as a legal gear type to 
retain halibut, provided NMFS implemented regulations to authorize 
longline pot gear in the sablefish IFQ fishery (81 FR 14000, March 16, 
2016). In addition to authorizing longline pot gear in the sablefish 
IFQ fishery and the other provisions described in the preceding 
section, Amendment 101 also included halibut retention requirements 
that aligned Federal regulations with the provisions in the 2016 IPHC 
annual management measures. The purpose of requiring retention of 
incidentally caught halibut is to avoid discard, and therein discard 
mortality, of halibut.
    As required by Federal regulations, each groundfish pot must 
include tunnel openings no wider than nine-inches to prevent certain 
non-target species, such as halibut, from entering the pot. Amendment 
118 to the BSAI FMP (85 FR 840, January 8, 2020) implemented 
regulations requiring vessel operators to retain IFQ or CDQ halibut 
when using pot gear when an IFQ or CDQ permit holder on board the 
vessel has unused halibut IFQ or CDQ for the IFQ regulatory area fished 
in the IFQ vessel category. Amendment 118 also added an exception to 
the requirement for a tunnel opening of no wider than nine inches. The 
exception created by Amendment 118 applies to groundfish pots when 
there is halibut IFQ or CDQ on board, and when fishing for halibut or 
sablefish IFQ or CDQ in the BSAI. If the tunnel opening requirement 
remained in effect, the ability to harvest halibut IFQ or CDQ using 
pots would have been limited because the opening would be too small for 
legal halibut.
    In developing this action, the Council and NMFS carefully 
considered existing regulations and retention requirements across the 
BSAI and GOA. This final rule adds an exception applicable to the GOA 
so that the requirement for a nine-inch maximum width tunnel opening 
does not apply to groundfish pots when a vessel begins a trip with 
unfished halibut IFQ on board and when those vessels are fishing for 
IFQ halibut and IFQ sablefish.

Authorized Gear

    This final rule provides additional options for the permissible 
placement of the biodegradable panel on collapsible slinky pots. This 
will allow vessel operators in the IFQ and CDQ fisheries to choose a 
configuration that works

[[Page 12261]]

best for their operation. This final rule also authorizes jig gear in 
the GOA sablefish IFQ fisheries and the BSAI sablefish IFQ and CDQ 
fisheries. For additional discussion on the development of collapsible 
slinky pots, regulations for biodegradable panels, and jig gear, refer 
to the preamble to the proposed rule (87 FR 71559, November 23, 2022) 
and the Analysis.

Need for Amendment 112, Amendment 124, and This Final Rule

    Amendment 112, Amendment 124, and this final rule are intended to 
increase operational efficiency and reduce administrative burden for 
IFQ Program and CDQ Program participants. First, this final rule 
expands available options for placement of a biodegradable panel 
specific to collapsible slinky pots used to fish for halibut IFQ or 
CDQ, or sablefish IFQ or CDQ. Second, this final rule creates an 
exception to the groundfish pot requirement for a nine-inch tunnel 
opening when a vessel begins a trip with unfished halibut IFQ on board 
and when those vessels are fishing for IFQ halibut and IFQ sablefish in 
the GOA. Third, this final rule revises regulatory specifications for 
gear marking, pot limits, gear tending, and gear retrieval to improve 
efficiency. Fourth, this final rule authorizes jig gear for the harvest 
of sablefish IFQ and CDQ in the BSAI and sablefish IFQ in the GOA in 
order to provide additional opportunity for entry-level participants. 
Fifth, this final rule removes the Adak residency requirement for a 
period of five years in order to provide opportunity for the Adak CQE 
to fully harvest its IFQ. Lastly, this final rule updates regulations 
for clarity by revising recordkeeping and reporting requirements for 
groundfish logbooks (including IFQ species) and improves operational 
efficiency by modifying the IFQ Program medical transfer provision and 
allowing electronic submission for IFQ and CQE Program application 
forms.

The Final Rule

    This final rule revises regulations at 50 CFR part 679. This 
section describes the regulation changes to implement Amendment 124 to 
the BSAI FMP and Amendment 112 to the GOA FMP, as well as additional 
regulations recommended by the Council and/or proposed by NMFS.

Collapsible Slinky Pot Exception

    Each groundfish pot must have a biodegradable panel that is at 
least 18 inches (45.72 cm) in length and use untreated cotton thread of 
no larger size than No. 30 (i.e., biodegradable twine). This final rule 
amends regulations at Sec.  679.2 to allow for the biodegradable panel 
to be placed anywhere on the mesh of a collapsible slinky pot. Per the 
Council's recommendation, this regulation allows the door of the 
collapsible slinky pot to be wrapped with biodegradable twine. The 
biodegradable twine would not have to be 18 inches in length, but the 
door must be a minimum of 18 inches in diameter. This final rule adds 
the descriptors ``rigid or collapsible'' to the definition of ``Pot 
gear'' at Sec.  679.2 in paragraph (15)(i) of the definition of 
``Authorized fishing gear'' so that both types of pots are expressly 
included in this definition.
    The changes above are limited to collapsible slinky pots in the IFQ 
and CDQ fisheries. The final rule does not affect groundfish pot gear 
used in non-IFQ or non-CDQ groundfish fisheries, nor rigid pot gear 
used in the IFQ and CDQ fisheries, which remain subject to the existing 
biodegradable panel placement requirements in the definition for 
``Authorized fishing gear'' in paragraph (15)(i).

Tunnel Opening Exception for the GOA

    Groundfish pots used in the sablefish IFQ fishery are required to 
have tunnel openings no wider than nine inches, which are intended 
prevent certain non-target species, such as halibut, from entering the 
pot. An exception to this requirement already applies in the BSAI when 
fishery participants use groundfish pots when there is halibut IFQ or 
CDQ on board, and when fishing for halibut or sablefish IFQ or CDQ in 
the BSAI. This final rule adds an exception in the GOA to the nine-inch 
tunnel opening requirement only where there is an IFQ or CDQ permit 
holder on board who has both unused halibut IFQ and unused sablefish 
IFQ. This allows IFQ fishery participants using longline pot gear in 
the GOA to select a tunnel opening of any size to more effectively fish 
for halibut IFQ while concurrently fishing for sablefish IFQ. 
Specifically, this final rule applies the exception at Sec.  679.2 
under the definition of ``Authorized fishing gear'' at paragraph 
(15)(iii) when there is IFQ halibut on board a vessel and the harvester 
is fishing for IFQ sablefish with longline pot gear in the GOA in 
accordance with Sec.  679.42(l). No changes are required for the 
exception for the BSAI nor for the BSAI halibut and sablefish pot gear 
requirements described at Sec.  679.42(m).

Gear Specifications in the GOA

    This final rule revises regulations at Sec.  679.24(a)(3) to modify 
the requirements for marking of longline pot gear deployed to harvest 
IFQ sablefish in the GOA. This change was recommended because elements 
of the existing marking requirements are unnecessary and burdensome for 
vessel operations. This final rule removes the requirement that each 
end of a set of longline pot gear has a cluster of four or more marker 
buoys, a flag mounted on a pole, and a radar reflector. However, the 
requirement that each end of a gear set has an attached hard buoy ball 
marked with the capital letters, ``LP,'' indicating longline pot gear, 
would remain so that gear visibility is maintained. Likewise, no 
changes are made to Sec.  679.24(a)(1) or (2), which require all hook-
and-line, longline pot, and pot-and-line marker buoys to be marked with 
the vessel's Federal Fisheries Permit (FFP) number or Alaska Department 
of Fish & Game (ADF&G) vessel registration number.
    This final rule modifies Sec.  679.42(l)(5)(ii)(B) for longline pot 
gear limits in the WY District GOA. Namely, the maximum number of pots 
that a vessel operator may deploy would be increased from 120 to 200 
when harvesting IFQ sablefish in the WY District of the GOA. This final 
rule does not modify the maximum number of pots permitted in the SEO 
District or CGOA and WGOA regulatory areas.
    Additionally, this final rule modifies IFQ fisheries prohibitions 
at Sec.  679.7(f) and gear tending and retrieval requirements at Sec.  
679.42(l)(5)(iii) for longline pot gear in the GOA. First, this final 
rule adds cross references to Sec.  679.42(l)(5)(iii) in the 
prohibitions at Sec.  679.7, including paragraph (f)(21) for catcher 
vessels (C/Vs) in the SEO District, paragraph (f)(22) for catcher/
processors (C/Ps) in the SEO District, paragraph (f)(23) for C/Vs or C/
Ps in the WY District and the Central GOA regulatory area, and 
paragraph (f)(24) for C/Vs or C/Ps in the WG regulatory area. These 
changes are made for consistency and ease of navigation between 
regulations for longline pot gear in the GOA and prohibitions for IFQ 
fisheries.
    Second, this final rule modifies regulations at Sec.  
679.42(l)(5)(iii)(A) for C/V operators in the SEO District by replacing 
retrieval requirements (i.e., retrieve and remove) with gear tending 
requirements (i.e., redeploy or remove), removing any reference to IFQ 
landings, and modifying the timeline so that a vessel operator either 
tends or retrieves gear from the fishing grounds within five days of 
deploying the gear. Corresponding changes occur at Sec.  679.7(f)(21) 
to update the relevant prohibition. For the Central GOA regulatory 
area, this final rule modifies

[[Page 12262]]

the timeline so that a vessel operator either redeploys or removes gear 
from the fishing grounds within seven days of deploying the gear, 
adding paragraph Sec.  679.42(l)(5)(iii)(E) to specify the revised gear 
tending requirements in a separate paragraph from the WY District. This 
final rule revises the corresponding prohibition at Sec.  679.7(f)(23) 
for the Central GOA regulatory area and the WY District. The gear 
tending requirements included in this final rule promote consistency in 
geographic areas where fishery participants may fish in multiple areas 
and result in a 5 day gear tending requirement applicable in WY 
District and SEO District and a 7 day gear tending requirement 
applicable in the Central GOA and Western GOA regulatory areas. This 
final rule does not modify the gear tending requirements for C/Ps in 
the SEO District, vessel operators in the WY District, or vessel 
operators in the WG regulatory area.

Authorize Jig Gear

    This final rule revises regulations at Sec. Sec.  679.2, 679.20, 
and 679.24 to authorize jig gear in the IFQ and CDQ sablefish fisheries 
in the BSAI and the IFQ sablefish fishery in the GOA consistent with 
Amendments 124 and 112. Jig gear is defined at Sec.  679.2 in paragraph 
(8) of the definition for ``Authorized fishing gear.'' Authorization of 
jig gear for the aforementioned fisheries does not require jig gear 
definition changes. Instead, this final rule adds ``jig gear'' to the 
definition of ``Fixed gear,'' in paragraph (4)(ii) under ``Authorized 
fishing gear'' at Sec.  679.2, to specify that jig gear may be used to 
harvest sablefish IFQ and CDQ from any BSAI reporting area. No GOA-
specific changes are required. The definition of ``Fixed gear,'' 
defined at Sec.  679.2 in paragraph (4)(i) under the definition 
``Authorized fishing gear,'' currently includes all ``longline gear'' 
used to harvest sablefish in the GOA. ``Longline gear'' is already 
defined to include ``jig gear.''
    This final rule revises regulations at Sec.  679.20(a)(4)(iii)(A) 
for the Bering Sea subarea, Sec.  679.20(a)(4)(iv)(A) for the Aleutian 
Islands subarea, and Sec.  679.20(b)(1)(i) for the nonspecified 
reserve. This change replaces the phrase ``hook-and-line and pot gear'' 
with ``fixed gear'' for consistency with the definition of ``Fixed 
gear'' defined at Sec.  679.2 in paragraph (4)(ii) of the definition 
``Authorized fishing gear.'' This change is associated with the final 
rule's modification of Sec.  679.2's definition of ``Authorized fishing 
gear'' to include jig gear. This final rule does not change the percent 
of the TAC allocated to the sablefish IFQ fishery in the BSAI. NMFS 
will continue to allocate 50 percent of the sablefish TAC in the Bering 
Sea subarea and 75 percent of the sablefish TAC in the Aleutian Islands 
subarea to the sablefish IFQ fishery.
    This final rule adds ``jig gear'' to Sec.  679.24 where gear 
restrictions for sablefish are found in the regulations. Specifically, 
this final rule adds ``jig gear'' to Sec.  679.24(c)(2)(i)(A) and (B) 
so that jig gear is an authorized gear type for the Eastern GOA 
regulatory area and permitted when directed fishing for IFQ sablefish. 
This final rule adds ``jig gear'' to Sec.  679.24(c)(3) and (4) so that 
sablefish is not considered a prohibited species for vessel operators 
using jig gear in the Central GOA, Western GOA, or BSAI. This final 
rule also makes two grammatical corrections to the list of permissible 
gear types in the Eastern GOA regulatory area at Sec.  
679.24(c)(2)(i)(A) and (B) and Sec.  679.24(c)(4), changing ``and'' to 
``or'' to clarify that at least one of the listed gear types must be 
used but that all gear types need not be used simultaneously.

Adak Residency Requirement

    This final rule revises regulations at Sec.  679.42 for sablefish 
and halibut QS use specific to eligible community residents of Adak, 
Alaska. Specifically, this final rule changes the date specified at 
Sec.  679.42(e)(8)(ii) and (f)(7)(ii) from March 17, 2019, to five 
years after the effective date of this final rule. The regulatory 
changes at Sec.  679.42(e)(8)(ii) apply only to a CQE in the Aleutian 
Islands subarea for sablefish QS. The regulatory changes at Sec.  
679.42(f)(7)(ii) apply only to a CQE in IFQ regulatory Area 4B for 
halibut QS.

Other Regulatory Provisions

    This final rule modifies Sec.  679.21(a)(5), which currently 
references sablefish as a prohibited species via a cross-reference to 
Sec.  679.24(c)(2)(ii). Because Sec.  679.24(c)(2)(ii) pertains only to 
the Eastern GOA regulatory area, the final rule changes the cross 
reference to Sec.  679.24(c)(2) to clarify that sablefish is a 
prohibited species for the western GOA, central GOA, and the BSAI, as 
well as the Eastern GOA, per Sec.  679.24(c)(2) through (4). This fix 
does not modify prohibited species bycatch management or gear 
restrictions for sablefish but rather corrects the cross reference to 
include all four areas.
    This final rule also revises regulations at Sec.  679.42 to exclude 
medical transfers approved in 2020, 2021, or 2022 from the use 
restriction detailed at Sec.  679.42(d)(2)(iv)(C). Specifically, this 
final rule adds paragraph (d)(2)(iv)(C)(l), stating, ``A medical 
transfer approved in 2020, 2021, or 2022 does not count toward the 
restriction detailed in paragraph (d)(2)(iv)(C) of this section.'' 
Furthermore, this final rule adds, ``Except as provided for in 
paragraph (d)(2)(iv)(C)(1) of this section,'' to the beginning of 
paragraph (d)(2)(iv)(C) to link the exception to new paragraph 
(d)(2)(iv)(C)(1).
    Additionally, this final rule revises regulations at Sec.  679.5 
specific to the longline and pot gear catcher vessel daily fishing 
logbook (DFL) and the C/P daily cumulative production logbook (DCPL). A 
sentence would be added at Sec.  679.5(c)(1)(ii), (c)(3)(i)(A)(1), 
(c)(3)(i)(B)(1), and (c)(3)(iv)(A)(2) to clarify that the same logbook 
may be used for different gear types, provided different gear types are 
recorded on separate pages. This final rule does not change when the 
logbook is required however, it does provide additional flexibility to 
a vessel operator that must record fishing activity in a logbook. The 
purpose of these regulatory changes is to provide clear direction to 
vessel operators as to how these logbooks may be used. The changes are 
specific to groundfish fisheries for C/Vs greater than 60 ft length 
overall (LOA) using longline or pot gear, and IFQ or CDQ halibut or IFQ 
or CDQ sablefish fisheries for C/Vs less than 60 ft LOA using longline 
pot gear or pot gear.
    The final rule revises regulations relevant to the CQE Program at 
Sec. Sec.  679.4, 679.41, and 679.5. Those regulations require CQEs to 
submit certain information to the Regional Administrator and imply that 
information must be submitted by mail because only a mailing address is 
listed. This final rule revises Sec. Sec.  679.4(k)(10)(vi)(A) and (D), 
679.41(l)(3), and 679.5(t)(2) to remove the address for the Regional 
Administrator and change the word ``sent'' to ``submitted'' in Sec.  
679.4(k)(10)(vi)(D) to allow for additional submission methods. As a 
result, no submission method would be included in regulations and, 
instead, NMFS would provide this information on forms and on the NMFS 
Alaska Region website at https://www.fisheries.noaa.gov/region/alaska. 
The purpose of these changes is to provide additional methods for the 
public to submit information as the agency moves toward electronic 
submission.

Changes From Proposed to Final Rule

    There is one change made to the regulations from the proposed to 
final rules to replaces the phrase ``hook-and-line and pot gear'' with 
``fixed gear'' at

[[Page 12263]]

679.20(b)(1)(ii)(B) for consistency with the definition of ``Fixed 
gear'' in paragraph (4)(ii) of the definition of ``Authorized fishing 
gear'' at Sec.  679.2. This conforming change was inadvertently left 
out of the proposed rule. Based on a comment received, the public 
reporting burden estimate for gear marking requirements is increased. 
This change is explained in the discussion of OMB Control Number 0648-
0353 below.

Comments and Responses

    NMFS received two comment letters from a member of the public and a 
fishery participant, respectively, on the proposed rule, FMP 
Amendments, and information collection requirements. NMFS summarized 
and responded to these two unique comments below.
    Comment 1: A commenter expressed support for the increased use of 
jig gear, and the commenter requested changes to this action to include 
requiring the use of jig gear and reducing the use of net gear in order 
to reduce the likelihood of overfishing and to support sustainable 
harvests.
    Response: Amendment 124, Amendment 112, and this final rule are 
intended to increase operational efficiency and reduce administrative 
burden for IFQ Program and CDQ Program participants consistent with 
National Standards 5 and 7. This action authorizes jig gear as a legal 
gear type for harvesting sablefish IFQ in the BSAI and GOA and 
sablefish CDQ in the BSAI to increase access to entry-level fishing 
opportunities. The Council did not consider or recommend requiring the 
use of jig gear, and this final rule does not require the use of jig 
gear. This action also does not modify harvest levels, and the 
flexibilities provided by the changes to authorized gear types, pot 
gear configuration, gear retrieval, pot limits, and biodegradeable 
panel requirements are small changes that do not change the nature of 
the IFQ Program or CDQ Program fisheries. The potential beneficial and 
adverse environmental effects of this action are described in Section 5 
of the Analysis prepared for this action (See ADDRESSES). The potential 
effects of the action are expected to be insignificant on fishing 
mortality, stock biomass, and the spatial and temporal distribution of 
the target stocks. Requirements applicable to fishing with trawl or 
other net gear are outside the scope of this action. NMFS manages 
commercial, recreational, and subsistence fisheries consistent with the 
provisions of the Magnuson-Stevens Act and other applicable law.
    Comment 2: A commenter provided information about the estimated 
information collection burden of gear marking requirements included in 
this final rule. The commenter stated that approximately 20 percent of 
their buoys need to be repainted annually resulting in an annual cost 
of $100 for supplies and approximately 30 minutes per buoy.
    Response: Based on this comment, NMFS has updated the estimated 
public reporting burden for gear marking requirements, as summarized 
under the heading ``OMB Control Number 0648-0353'' below.

Classification

    Pursuant to section 304(b)(3) and 305(d) of the Magnuson-Stevens 
Act, the NMFS Assistant Administrator (AA) has determined that this 
final rule is consistent with the BSAI FMP and the GOA FMP, Amendments 
124 and 112 to the FMPs, other provisions of the Magnuson-Stevens Act, 
and other applicable law. Pursuant to Magnuson-Stevens Act section 
305(d), this action is necessary to carry out the amendments to the 
BSAI FMP and the GOA FMP. NMFS is issuing specific regulations 
contained this rule pursuant to 305(d) of the Magnuson-Stevens Act to 
carry out amendments to the BSAI FMP and the GOA FMP. These changes are 
necessary to update recordkeeping and reporting requirements for 
groundfish logbooks (including IFQ species), improve operational 
efficiency by modifying the IFQ Program medical transfer provision, and 
allow electronic submission for IFQ and CQE Program application forms.
    Regulations governing the U.S. fisheries for Pacific halibut are 
developed by the IPHC, the Council, and the Secretary of Commerce. 
Section 5 of the Halibut Act (16 U.S.C. 773c) allows the Regional 
Council having authority for a particular geographical area to develop 
regulations governing the allocation and catch of halibut in U.S. 
Convention waters as long as those regulations do not conflict with 
IPHC regulations. This final action is consistent with the Council's 
authority under the Halibut Act to implement management measures for 
the halibut IFQ fishery and does not conflict with IPHC regulations.

Administrative Procedure Act

    Because this rule relieves a restriction by modifying specific 
provisions of the IFQ and CDQ Programs to reduce restrictions and 
promote increased operational efficiency and flexibility fishery 
participants, a 30-day delay in effective date is not required pursuant 
to 5 U.S.C. 553(d)(1). This action authorizes the use of jig gear in 
the sablefish IFQ and CDQ Programs and modifies pot gear 
configurations, pot gear tending and retrieval requirements, pot 
limits, and associated recordkeeping and reporting requirements. The 
collapsible slinky pot exception provides additional flexibility to 
vessel operators using longline pot gear to place the biodegradable 
anywhere on the mesh of a collapsible slinky pot. The changes to 
implement the tunnel opening exception in the GOA provides additional 
flexibility that allows IFQ fishery participants using longline pot 
gear in the GOA to select a tunnel opening of any size to more 
effectively fish for halibut IFQ while concurrently fishing for 
sablefish IFQ. This final rule loosens gear specifications in the GOA 
by removing specific gear marking requirements for vessels using 
longline pot gear, increasing the maximum number of pots that a vessel 
operator may deploy from 120 to 200 in the WY District of the GOA, 
removes the gear retrieval requirement for C/V operators in the SEO 
District and replaces it with a less restrictive gear tending 
requirement, and loosens the gear tending requirement in the Central 
GOA regulatory area from 5 days to 7 days. This final rule adds jig 
gear to the list of authorized gear in the IFQ and CDQ sablefish 
fisheries in the BSAI and the IFQ sablefish fishery in the GOA to 
provide an additional gear type for vessel operators to use. This final 
rule removes the Adak residency requirement for a period of five years 
in order to provide opportunity for the Adak CQE to fully harvest its 
IFQ. The additional regulatory provisions included in this final rule 
make minor changes to cross references and CQE form submission 
instructions to promote clarity to the regulated public, adds an 
exception to the IFQ medical transfer restriction that allows fishery 
participants additional flexibility to use medical transfers in future 
years, and modifies recordkeeping and reporting regulations to provide 
vessel operators using two gear types the option to record fishing 
activity in one DFL rather than two.

Executive Order 12866

    This final rule has been determined to be not significant for 
purposes of Executive Order 12866.
    An Environmental Assessment and Regulatory Impact Review 
(``Analysis'') was prepared for Amendment 124, Amendment 112, and this 
final rule. The AA concluded that there will be no significant impact 
on the human environment as a result of this rule. A copy of the 
Analysis is available from

[[Page 12264]]

NMFS as indicated in the ADDRESSES section above.

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 that the proposed rule, if adopted, would not have a 
significant economic impact on a substantial number of small entities. 
The factual basis for the certification was published in the proposed 
rule and is not repeated here. No comments were received regarding this 
certification. As a result, a regulatory flexibility analysis was not 
required and none was prepared.

Information Collection Requirements

    This final rule contains collection of information requirements 
subject to review and approval by the Office of Management and Budget 
(OMB) under the Paperwork Reduction Act (PRA). This final rule revises 
existing collection-of-information requirements for OMB Control Number 
0648-0665 (Alaska CQE Program) and revises and extends, by 3 years, the 
existing collection-of-information requirements for 0648-0353 (Alaska 
Region Gear Identification Requirements). The existing collection-of-
information requirements continue to apply under 0648-0213 (Alaska 
Region Logbook and Activity Family of Forms); 0648-0272 (Alaska Pacific 
Halibut & Sablefish Fisheries: IFQ); and 0648-0515 (Alaska Interagency 
Electronic Reporting System). The approved changes to the collections 
are described below. The public reporting burdens for the information 
collection requirements provided below include the time for reviewing 
instructions, searching existing data sources, gathering and 
maintaining the data needed, and completing and reviewing the 
collection of information.

OMB Control Number 0648-0353

    NMFS revises and extends by 3 years the existing requirements for 
OMB Control Number 0648-0353. This collection contains gear 
identification requirements for the groundfish fisheries in the 
Exclusive Economic Zone off Alaska. This collection is revised to 
reduce the number of marker buoys required for longline pot gear 
deployed to fish IFQ sablefish in the GOA because this final rule 
removes requirements for the vessel owner to use four or more marker 
buoys, a flag mounted on a pole, and a radar reflector to mark each end 
of a longline set. Removing these requirements decreases the burden for 
harvesters and increases operational efficiency. The number of 
respondents is not changed. Based on a comment received, the public 
reporting burden is increased to 30 minutes per individual response to 
collect the information and paint it on a buoy, and the annual cost of 
supplies to paint the buoys is increased to $100 per respondent.

OMB Control Number 0648-0665

    This information collection is revised to modify the text on the 
Application for CQE to Transfer IFQ to an Eligible Community Resident 
or Non-Resident because this final rule removes the residency 
requirement for the Adak CQE for five years.
    This final rule revises regulations for the CQE annual report, the 
CQE License Limitation Program (LLP) authorization letter, the 
Application for Nonprofit Corporation to be Designated as a CQE, and 
the Application for a CQE to Receive a Non-trawl Groundfish LLP License 
to provide additional methods for the public to submit the information 
as the agency moves toward electronic submission.
    These revisions do not affect the number of respondents, 
anticipated responses, or burden hours or costs. The public reporting 
burden per individual response is estimated to average 2 hours for the 
Application for CQE to Transfer IFQ to an Eligible Community Resident 
or Non-Resident, 200 hours for the Application for Nonprofit 
Corporation to be Designated as a CQE, 40 hours for the CQE Annual 
Report, 20 hours for the Application for a CQE to Receive a Non-trawl 
Groundfish LLP License, and 1 hour for the CQE License Limitation 
Program Authorization letter.

Public Comment

    We invite the general public and other Federal agencies to comment 
on proposed and continuing information collections, which help us 
assess the impact of our information collection requirements and 
minimize the public's reporting burden. Written comments and 
recommendations for these information collections should be submitted 
on the following website: www.reginfo.gov/public/do/PRAMain. Find the 
particular information collection by using the search function and 
entering either the title of the collection or the OMB Control Number.
    Notwithstanding any other provisions of law, no person is required 
to respond to, and no person shall be subject to penalty for failure to 
comply with, a collection of information subject to the requirements of 
the PRA, unless that collection of information displays a currently 
valid OMB control number. All currently approved NOAA collections of 
information may be viewed at https://www.reginfo.gov/public/do/PRASearch.

List of Subjects in 50 CFR Part 679

    Alaska, Fisheries, Reporting and recordkeeping requirements.

    Date: February 16, 2023.
Samuel D. Rauch, III,
Deputy Assistant Administrator for Regulatory Programs, National Marine 
Fisheries Service.

    For the reasons set out in the preamble, NMFS amends 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.  679.2, amend the definition for ``Authorized fishing gear'' 
by revising paragraph (4)(ii) and the introductory text of paragraph 
(15), adding paragraphs (15)(i)(A) and (B), and revising paragraph 
(15)(iii) to read as follows:


Sec.  679.2  Definitions.

* * * * *
    Authorized fishing gear * * *
    (4) * * *
    (ii) For sablefish harvested from any BSAI reporting area, all 
hook-and-line gear, jig gear, and all pot gear.
* * * * *
    (15) Pot gear means a portable structure, rigid or collapsible, 
that is designed and constructed to capture and retain fish alive in 
the water. This gear type includes longline pot and pot-and-line gear. 
Each groundfish pot must comply with the following:
    (i) * * *
    (A) Collapsible pot exception. A collapsible pot (e.g., slinky pot) 
used to fish for halibut IFQ or CDQ, or sablefish IFQ or CDQ, in 
accordance with paragraph (4) of this definition, is exempt from the 
biodegradable panel placement requirements described in paragraph 
(15)(i) of this definition. Instead, a collapsible pot must have either 
a biodegradable panel placed anywhere on the mesh of the collapsible 
pot, which is at least 18 inches (45.72 cm) in length and is made from 
untreated cotton thread of no larger size than No. 30, or one door on 
the pot must measure at least 18 inches (45.72 cm) in diameter and be 
wrapped with

[[Page 12265]]

untreated cotton thread of no larger size than No. 30.
    (B) [Reserved]
* * * * *
    (iii) Halibut retention exception. If halibut retention is required 
when harvesting halibut from any IFQ regulatory area in the BSAI or 
GOA, the requirements to comply with a tunnel opening for pots when 
fishing for IFQ or CDQ halibut or IFQ or CDQ sablefish in the BSAI in 
accordance with Sec.  679.42(m), or for IFQ sablefish in the GOA in 
accordance with Sec.  679.42(l), do not apply.
* * * * *


Sec.  679.4  [Amended]

0
3. Amend Sec.  679.4 as follows:
0
a. In paragraph (k)(10)(vi)(A), remove the address text, ``, NMFS, P.O. 
Box 21668, Juneau, AK 99802''; and
0
b. In paragraph (k)(10)(vi)(D), remove the address text, ``sent to the 
Regional Administrator, NMFS, P.O. Box 21668, Juneau, AK 99802'' and 
add in its place, ``submitted to the Regional Administrator''.

0
4. Amend Sec.  679.5 as follows:
0
a. Revise paragraphs (c)(1)(ii), (c)(3)(i)(A)(1), (c)(3)(i)(B)(1), and 
(c)(3)(iv)(A)(2); and
0
b. In paragraph (t)(2), remove the address text, ``National Marine 
Fisheries Service, P.O. Box 21668, Juneau, AK 99802''. The revisions 
read as follows:


Sec.  679.5  Recordkeeping and reporting (R&R).

* * * * *
    (c) * * *
    (1) * * *
    (ii) Use of two or more vessel logbooks of different gear types. If 
two or more different gear types are used onboard a vessel in a fishing 
year, the operator(s) of this vessel may use the same vessel logbooks 
for different gear types, provided different gear types are recorded on 
separate pages.
* * * * *
    (3) * * *
    (i) * * *
    (A) * * *
    (1) Except as described in paragraph (f)(1)(i) of this section, the 
operator of a catcher vessel 60 ft (18.3 m) or greater LOA, that is 
required to have an FFP under Sec.  679.4(b) and that is using longline 
or pot gear to harvest groundfish, must maintain a longline and pot 
gear DFL and may use the same logbook for longline and pot gear, 
provided different gear types are recorded on separate pages.
* * * * *
    (B) * * *
    (1) The operator of a catcher vessel less than 60 ft (18.3 m) LOA, 
using longline pot gear to harvest IFQ sablefish or IFQ halibut in the 
GOA, or using pot gear to harvest IFQ or CDQ halibut or IFQ or CDQ 
sablefish in the BSAI, must maintain a longline and pot gear DFL 
according to paragraph (c)(3)(iv)(A)(2) of this section and may use the 
same logbook for longline and pot gear, provided different gear types 
are recorded on separate pages.
* * * * *
    (iv) * * *
    (A) * * *
    (2) If a catcher vessel identified in paragraph (c)(3)(i)(A)(1) or 
(c)(3)(i)(B)(1) through (3) of this section is active, the operator 
must record in the longline and pot gear DFL, for one or more days on 
each logsheet, the information listed in paragraphs (c)(3)(v), (vi), 
(viii), and (x) of this section and may use the same logbook for 
longline and pot gear, provided different gear types are recorded on 
separate pages.
* * * * *

0
5. In Sec.  679.7, revise paragraphs (f)(21) through (24) to read as 
follows:


Sec.  679.7  Prohibitions.

* * * * *
    (f) * * *
    (21) Fail to redeploy or remove from the fishing grounds all 
deployed longline pot gear that is assigned to, and used by, a catcher 
vessel within five days of deploying the gear to fish IFQ sablefish in 
the Southeast Outside District of the GOA in accordance with Sec.  
679.42(l)(5)(iii)(A).
    (22) Fail to redeploy or remove from the fishing grounds all 
deployed longline pot gear that is assigned to, and used by, a catcher/
processor within five days of deploying the gear to fish IFQ sablefish 
in the Southeast Outside District of the GOA in accordance with Sec.  
679.42(l)(5)(iii)(B).
    (23) Fail to redeploy or remove from the fishing grounds all 
deployed longline pot gear that is assigned to, and used by, a catcher 
vessel or a catcher/processor within five days of deploying the gear to 
fish IFQ sablefish in the West Yakutat District of the GOA, and within 
seven days of deploying the gear to fish IFQ sablefish in the Central 
GOA regulatory area, in accordance with Sec.  679.42(l)(5)(iii)(C) and 
(E).
    (24) Fail to redeploy or remove from the fishing grounds all 
deployed longline pot gear that is assigned to, and used by, a catcher 
vessel or a catcher/processor within seven days of deploying the gear 
to fish IFQ sablefish in the Western GOA regulatory area in accordance 
with Sec.  679.42(l)(5)(iii)(D).
* * * * *

0
6. In Sec.  679.20, revise paragraphs (a)(4)(iii)(A), (a)(4)(iv)(A), 
(b)(1)(i), and (b)(1)(ii)(B) to read as follows:


Sec.  679.20  General limitations.

* * * * *
    (a) * * *
    (4) * * *
    (iii) * * *
    (A) Fixed gear. Vessels in the Bering Sea subarea using fixed gear 
will be allocated 50 percent of each TAC for sablefish.
* * * * *
    (iv) * * *
    (A) Fixed gear. Vessels in the Aleutian Islands subarea using fixed 
gear will be allocated 75 percent of each TAC for sablefish.
* * * * *
    (b) * * *
    (1) * * *
    (i) Nonspecified reserve. Fifteen percent of the BSAI TAC for each 
target species, except pollock, the fixed gear allocation for 
sablefish, and the Amendment 80 species, which includes Pacific cod, is 
automatically placed in the nonspecified reserve before allocation to 
any sector. The remaining 85 percent of each TAC is apportioned to the 
initial TAC for each target species that contributed to the 
nonspecified reserve. The nonspecified reserve is not designated by 
species or species group. Any amount of the nonspecified reserve may be 
apportioned to target species that contributed to the nonspecified 
reserve, provided that such apportionments are consistent with 
paragraph (a)(3) of this section and do not result in overfishing of a 
target species.
    (ii) * * *
    (B) Fixed gear sablefish CDQ reserves. Twenty percent of the fixed 
gear allocation of sablefish established under paragraphs 
(a)(4)(iii)(A) and (a)(4)(iv)(A) of this section will be allocated to a 
CDQ reserve for each subarea.
* * * * *

0
7. In Sec.  679.21, revise paragraph (a)(5) to read as follows:


Sec.  679.21  Prohibited species bycatch management.

    (a) * * *
    (5) Sablefish as a prohibited species. (See Sec.  679.24(c) for 
gear restrictions for sablefish.)
* * * * *

0
8. In Sec.  679.24, revise paragraphs (a)(3), (c)(2)(i)(A) and (B), and 
(c)(3) and (4) to read as follows:


Sec.  679.24  Gear limitations.

* * * * *
    (a) * * *

[[Page 12266]]

    (3) Each end of a set of longline pot gear deployed to fish IFQ 
sablefish in the GOA must have one hard buoy ball attached and marked 
with the capital letters ``LP'' in accordance with paragraph (a)(2) of 
this section.
* * * * *
    (c) * * *
    (2) * * *
    (i) * * *
    (A) No person may use any gear other than hook-and-line, longline 
pot, jig, or trawl gear when fishing for sablefish in the Eastern GOA 
regulatory area.
    (B) No person may use any gear other than hook-and-line gear, 
longline pot gear, or jig gear to engage in directed fishing for IFQ 
sablefish.
* * * * *
    (3) Central and Western GOA regulatory areas; sablefish as 
prohibited species. Operators of vessels using gear types other than 
hook-and-line, longline pot, jig, or trawl gear in the Central and 
Western GOA regulatory areas must treat any catch of sablefish in these 
areas as a prohibited species as provided by Sec.  679.21(a).
    (4) BSAI. Operators of vessels using gear types other than hook-
and-line, longline pot, pot-and-line, jig, or trawl gear in the BSAI 
must treat sablefish as a prohibited species as provided by Sec.  
679.21(a).
* * * * *


Sec.  679.41  [Amended]

0
9. In Sec.  679.41, in the introductory text of paragraph (l)(3), 
remove the two references to the address text ``, NMFS, P.O. Box 21668, 
Juneau, AK 99802.''

0
10. In Sec.  679.42, revise paragraphs (d)(2)(iv)(C), (e)(8)(ii), 
(f)(7)(ii), (l)(5)(ii)(B), and (l)(5)(iii)(A) and (C); and add 
paragraph (l)(5)(iii)(E), to read as follows:


Sec.  679.42  Limitations on use of QS and IFQ.

* * * * *
    (d) * * *
    (2) * * *
    (iv) * * *
    (C) Except as provided for in paragraph (d)(2)(iv)(C)(1) of this 
section, NMFS will not approve a medical transfer if the applicant has 
received a medical transfer in any 3 of the previous 7 calendar years 
for any medical reason.
    (1) Medical transfers approved in 2020, 2021, or 2022 do not count 
toward the restriction detailed in paragraph (d)(2)(iv)(C) of this 
section.
    (2) [Reserved]
* * * * *
    (e) * * *
    (8) * * *
    (ii) In the Aleutian Islands subarea may lease the IFQ resulting 
from that QS to any person who has received an approved Application for 
Eligibility as described in Sec.  679.41(d) prior to February 28, 2028, 
but only to an eligible community resident of Adak, AK, after February 
28, 2028.
* * * * *
    (f) * * *
    (7) * * *
    (ii) In IFQ regulatory Area 4B may lease the IFQ resulting from 
that QS to any person who has received an approved Application for 
Eligibility as described in Sec.  679.41(d) prior to February 28, 2028 
but only to an eligible community resident of Adak, AK, after February 
28, 2028.
* * * * *
    (l) * * *
    (5) * * *
    (ii) * * *
    (B) In the West Yakutat District of the GOA, a vessel operator is 
limited to deploying a maximum of 200 pots.
* * * * *
    (iii) * * *
    (A) In the Southeast Outside District of the GOA, a catcher vessel 
operator must redeploy or remove from the fishing grounds all longline 
pot gear that is assigned to the vessel and deployed to fish IFQ 
sablefish within five days of deploying the gear.
* * * * *
    (C) In the West Yakutat District of the GOA, a vessel operator must 
redeploy or remove from the fishing grounds all longline pot gear that 
is assigned to the vessel and deployed to fish IFQ sablefish within 
five days of deploying the gear.
* * * * *
    (E) In the Central GOA regulatory area, a vessel operator must 
redeploy or remove from the fishing grounds all longline pot gear that 
is assigned to the vessel and deployed to fish IFQ sablefish within 
seven days of deploying the gear.
* * * * *
[FR Doc. 2023-03669 Filed 2-24-23; 8:45 am]
BILLING CODE 3510-22-P