[Federal Register Volume 89, Number 14 (Monday, January 22, 2024)]
[Proposed Rules]
[Pages 3902-3904]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-01120]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

RIN 0648-BM40


Fisheries of the Exclusive Economic Zone Off Alaska; Amendment 
126 to the Fishery Management Plans for Groundfish of the Bering Sea/
Aleutian Islands Management Area and Amendment 114 to the Fishery 
Management Plan for Groundfish of the Gulf of Alaska To Expand 
Electronic Monitoring to the Pollock Fisheries

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 126 to the Fishery Management Plans for Groundfish 
of the Bering Sea/Aleutian Islands Management Area (BSAI FMP) and 
Amendment 114 to the Fishery Management Plan for Groundfish of the Gulf 
of Alaska (GOA FMP). If approved, Amendments 126/114 would expand 
electronic monitoring (EM) to pelagic trawl pollock catcher vessels and 
tenders delivering to shoreside processors or stationary floating 
processors in the Bering Sea, Aleutian

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Islands, and Gulf of Alaska. Amendments 126/114 are intended to promote 
the goals and objectives of the Magnuson-Stevens Fishery Conservation 
and Management Act (Magnuson-Stevens Act), the BSAI FMP, and the GOA 
FMP.

DATES: Comments must be received no later than March 22, 2024.
    Public Meetings:
    1. February 28, 2024, 6 p.m. Alaska local time, Kodiak, AK.
    2. March 12, 2024, 6 p.m. Pacific time, Virtual (see ADDRESSES for 
link).

ADDRESSES: You may submit comments on this document, identified by 
NOAA-NMFS-2023-0125, 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 type NOAA-NMFS-2023-0125 in the Search box 
(note: copying and pasting the FDMS Docket Number directly from this 
document may not yield search results). Click on the ``Comment'' icon, 
complete the required fields, and enter or attach your comments.
     Mail: Submit written comments to Gretchen Harrington, 
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 
https://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 Amendment 126 to the BSAI FMP and Amendment 
114 to the GOA FMP, the Environmental Assessment/Regulatory Impact 
Review prepared for this action (the Analysis), and the Finding of No 
Significant Impact prepared for this action may be obtained from 
https://www.regulations.gov and the NMFS Alaska Region website at 
https://www.fisheries.noaa.gov/region/alaska.
    Pursuant to section 313(c) of the Magnuson-Stevens Act, NMFS will 
hold public hearings to accept oral and written comments on the 
proposed rule during the public comment period. The first public 
hearing will be held at the Kodiak Fisheries Research Center, 301 
Research Court, Kodiak, Alaska 99615. The second public hearings will 
be held virtually, available at https://meet.google.com/gcz-emgh-kkw.

FOR FURTHER INFORMATION CONTACT: Joel Kraski, [email protected], 
(907) 586-7228.

SUPPLEMENTARY INFORMATION: The Magnuson-Stevens Act requires that each 
regional fishery management council submit any FMP amendment it 
prepares 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 an FMP amendment, immediately 
publish a notice in the Federal Register announcing that the amendment 
is available for public review and comment. This notice announces that 
proposed Amendment 126 to the BSAI FMP and Amendment 114 to the GOA FMP 
are available for public review and comment.
    The Council prepared, and the Secretary approved, the BSAI FMP and 
GOA FMP under the authority of the Magnuson-Stevens Act (16 U.S.C. 1801 
et seq.). The BSAI FMP and GOA FMP are implemented by regulations 
governing U.S. fisheries at 50 CFR parts 600 and 679.
    Amendments 126/114 would amend the Council's fisheries research 
plan prepared under the authority of section 313 of the Magnuson-
Stevens Act. NMFS published regulations implementing the plan on 
November 21, 2012 (77 FR 70062) and integrated EM into the plan on 
August 8, 2017 (82 FR 36991). The Secretary implements the fisheries 
research plan through the North Pacific Observer Program (Observer 
Program). Its purpose is to collect data necessary for the 
conservation, management, and scientific understanding of the 
groundfish and halibut fisheries off Alaska.
    The Council's intent in recommending Amendments 126/114 is to 
improve salmon accounting, reduce monitoring costs, improve the quality 
of monitoring data, and modify current retention and/or discard 
requirements as necessary to achieve these objectives in association 
with catcher vessels using trawl gear in the BS, AI, and GOA Pollock 
fisheries along with associated tender vessels and processors.
    Amendment 126 would add to section 3.9.2 of the BSAI FMP and 
Amendment 114 would add to section 3.9.2 of the GOA FMP to allow the 
use of EM systems to meet fisheries monitoring requirements under the 
Observer Program.
    Amendments 126/114 would create an EM option--the trawl EM 
category--for pelagic trawl pollock catcher vessels and tender vessels 
delivering to a shoreside processor or stationary floating processor in 
the Bering Sea, Aleutian Islands, and Gulf of Alaska. The BSAI and GOA 
FMPs currently authorize the use of EM in the partial coverage 
category, but not the full observer coverage category of the Observer 
Program. Under this voluntary program, eligible catcher vessels and 
tender vessels would apply annually for entry into the trawl EM 
category. Shoreside processors and stationary floating processors would 
indicate that they intend to receive trawl EM category deliveries 
during their annual Catch Monitoring Control Plan process.
    Amendments 126/114 would allow for monitoring to be conducted by an 
EM system on board both full and partial coverage trawl catcher vessels 
combined with sampling by observers stationed at shoreside or 
stationary floating processors. For fishing trips in the trawl EM 
category, the responsibilities normally conducted by at-sea observers 
would be completed by observers stationed at the shoreside or 
stationary floating processor plant. All fishing trips would operate 
under improved retention (i.e., minimize discards to the greatest 
extent practicable) and be recorded by EM as a compliance tool; all 
video is reviewed and verified using logbook entries to ensure the 
program elements are followed.
    The use of EM and maximized retention on vessels would allow for 
observers to collect unbiased data at the shoreside or stationary 
floating processors. Shoreside and stationary floating processors would 
indicate their intent to receive EM deliveries during Catch Monitoring 
Control Plan approval process to join the trawl EM program annually. 
Shoreside and stationary floating processors would also indicate 
whether they expect to use tender vessels.
    NMFS is soliciting public comments on proposed Amendments 126/114 
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 Amendments 126/114 following NMFS's 
evaluation of the proposed rule under the Magnuson-Stevens Act.
    Section 313 of the Magnuson-Stevens Act requires NMFS to provide a 
60-day public comment period on the proposed rule and conduct a public 
hearing in

[[Page 3904]]

each state represented on the Council for the purpose of receiving 
public comment on the proposed regulations. The states represented on 
the Council are Alaska, Oregon, and Washington. NMFS will conduct a 
public hearing at a physical location in Alaska, and hold a virtual 
public hearing for Washington and Oregon (see DATES).
    People wanting to make an oral statement for the record at the a 
public hearing are encouraged to submit a written copy of their 
statement to NMFS using one of the methods identified under ADDRESSES. 
If attendance at the public hearing is large, the time allotted for 
individual oral statements may be limited. Oral and written statements 
receive equal consideration. There are no limits on the length of 
written comments submitted to NMFS. Respondents do not need to submit 
the same comments on Amendments 126/114 and the proposed rule. All 
relevant written comments received by the end of the applicable comment 
period, whether specifically directed to the FMP amendments or this 
proposed rule, will be considered by NMFS in the approval/disapproval 
decision for Amendments 126/114 and addressed in the response to 
comments in the final decision. Comments received after the end of the 
comment period may not be considered in the approval/disapproval 
decision on Amendment 126/114. To be certain of consideration, comments 
would need to be received, not just postmarked or otherwise 
transmitted, by the last day of the comment period (see DATES).

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

    Dated: January 17, 2024.
Everett Wayne Baxter,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2024-01120 Filed 1-19-24; 8:45 am]
BILLING CODE 3510-22-P