[Federal Register Volume 89, Number 66 (Thursday, April 4, 2024)]
[Proposed Rules]
[Pages 23535-23536]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-07115]



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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Parts 679

RIN 0648-BM69


Fisheries of the Exclusive Economic Zone off Alaska; Amendment 
113 to the Fishery Management Plan for the Groundfish of the Gulf of 
Alaska; Central Gulf of Alaska Rockfish Program Adjustments

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 to the Secretary of Commerce for review, Amendment 113 to the 
Fishery Management Plan (FMP) for the Groundfish of the Gulf of Alaska 
(GOA). If approved, Amendment 113 would modify specific provisions of 
the Central Gulf of Alaska (CGOA) Rockfish Program (RP) to change the 
season start date, remove the catcher vessel (CV) cooperative holding 
cap, and revise the processing and harvesting caps implemented in the 
RP. This action is necessary to provide increased flexibility and 
efficiency, and better ensure the rockfish species total allowable 
catch (TAC) is fully harvested and landed in Kodiak while still 
maintaining the intent of the RP. Amendment 113 is intended to promote 
the goals and objectives of the Magnuson-Stevens Fishery Conservation 
and Management Act (Magnuson-Stevens Act), the FMP, and other 
applicable laws.

DATES: Comments must be received no later than June 3, 2024.

ADDRESSES: You may submit comments on this document, identified by 
NOAA-NMFS-2023-0149 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-2023-0149 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 113 to the 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 www.regulations.gov and 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 
proposed rule may be submitted to NMFS at the above address and to 
www.reginfo.gov/public/do/PRAMain. Find this particular information 
collection by selecting ``Currently under Review--Open for Public 
Comments'' or by using the search function.

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

SUPPLEMENTARY INFORMATION: The Council submitted Amendment 113 to the 
FMP to the Secretary for review. If approved by the Secretary, 
Amendment 113 would provide increased flexibility, efficiency and add 
protection against unforeseen circumstances for the fishery by 
expanding the fishing season to harvest and land CGOA rockfish TAC in 
Kodiak as intended, while still maintaining the intent of the RP. 
Amendment 113 is intended to promote the goals and objectives of the 
Magnuson-Stevens Act, the FMP, and other applicable laws.
    The Magnuson-Stevens Act requires that each regional fishery 
management council submit any fishery management plan amendment it 
prepares to NMFS for review and approval, disapproval, or partial 
approval by the Secretary. The Magnuson-Stevens Act also requires that 
NMFS, upon receiving a fishery management plan amendment, immediately 
publish a document in the Federal Register announcing that the 
amendment is available for public review and comment. This document 
announces that proposed Amendment 113 to the FMP is available for 
public review and comment.
    The Council prepared, and the Secretary approved, the GOA FMP under 
the authority of section 302(h)(1) and 303(b) of the Magnuson-Stevens 
Act, 16 U.S.C. 1801 et seq. The FMP is implemented by Federal 
regulations governing U.S. fisheries at 50 CFR part 679. The Council is 
authorized to prepare and recommend a GOA FMP amendment for the 
conservation and management of a fishery covered under the GOA FMP.
    The RP provides exclusive harvesting privileges for vessels using 
trawl gear to harvest a specific set of rockfish species and associated 
species incidentally harvested to those rockfish in the Central GOA, an 
area from 147[deg] W long. to 159[deg] W long. The granting of 
exclusive harvesting is commonly called rationalization. The rockfish 
primary species rationalized under the RP are northern rockfish, 
Pacific ocean perch, and dusky rockfish. The incidentally harvested 
groundfish taken in the primary rockfish fisheries and which also are 
rationalized under the RP are called the secondary species. The 
secondary species include Pacific cod, rougheye rockfish, shortraker 
rockfish, and sablefish. In addition to these secondary species, the RP 
allocates a portion of the halibut bycatch mortality limit annually 
specified for the GOA trawl fisheries to RP participants. The Council 
included the port delivery requirement to address industry concern that 
harvesters participating in the RP continue to deliver catch to the 
traditional port of Kodiak (76 FR 81248, December 27, 2011).
    Use caps, or caps, are the maximum amount of a species or 
assemblage that may be harvested or processed by a vessel or processing 
plant. Cumulative changes since 2014 have impacted the CGOA fisheries, 
resulting in difficulties harvesting and processing the trawl CV RP 
cooperative quota (CQ), especially later in the season as processors 
approach the limit of their current processing caps or close for 
seasonal maintenance. Seasonal fishing activity is the driving force 
for the planning of vessels and processing facility staff needs. 
Changes since 2021 to the CGOA flatfish market, and the loss of several 
shoreside processing facilities in Kodiak, have created the need for 
additional flexibility to allow the fishery to adapt to unforeseen 
challenges within

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the fishery. These challenges could include rockfish processor 
shutdowns or impacts to the markets.
    Seven unique Kodiak processors, each associated with a unique 
rockfish vessel cooperative, participated in the RP from 2012 through 
2014. These rockfish cooperatives are voluntarily formed by permit 
harvesters and receive an exclusive harvest privilege to the groundfish 
species in the CGOA. One RP rockfish processor was acquired in 2014 by 
another RP processing company, reducing the total number of RP 
processors to six but leaving the number of RP cooperatives unchanged. 
Later, in 2018, an RP rockfish processor ceased processing and the 
associated RP cooperative disbanded. In 2020, a merger between RP 
processors, and a third RP processor deciding not to take any RP 
deliveries, reduced the total number to four RP processors. Processors 
are currently limited to processing 30 percent of the CQ. In late 2023, 
one of the four remaining RP processors announced the intent to sell 
the rockfish processing plant located in Kodiak, which may leave 10 
percent of the TAC in the water.
    Amendment 113 would provide additional flexibility for vessels to 
participate in the RP during April, and could keep RP processors fully 
operational, thus mitigating impacts from changes in market conditions. 
Since 2021, the CGOA flatfish market prices have declined, partially 
due to increased tariffs, negatively impacting Kodiak processors 
financially due to labor planning and lack of sustained deliveries to 
keep processing crews active. The change in season start date would 
likely help maintain processing capacity for other non-trawl fisheries 
through workforce stability, which was observed during the 2021 
rockfish season under the emergency rule (86 FR 14851, March 19, 2021), 
which moved the season start date to April 1, 2021. Changes to RP 
processor use caps would remove processing cap constraints while still 
maintaining the Council's original intent of preventing consolidation 
and meeting the overall goal of prosecuting this fishery in a 
sustainable and efficient manner. These changes to the regulations 
would provide additional opportunity for the TACs for the primary 
rockfish and other allocated species to be fully harvested, as 
indicated by the Council's purpose and need statement.
    NMFS is soliciting public comments on proposed Amendment 113 
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 Amendment 113 following NMFS's evaluation of 
the proposed rule under the Magnuson-Stevens Act.
    Respondents do not need to submit the same comments on Amendment 
113 and the proposed rule. All relevant written comments received by 
the end of the applicable comment period, whether specifically directed 
to the FMP amendment or the proposed rule, will be considered by NMFS 
in the approval/disapproval decision for Amendment 113 and addressed in 
the response to comments in the final rule. Comments received after 
that date may not be considered in the approval/disapproval decision on 
Amendment 113. To be certain of consideration, comments must 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: March 29, 2024.
Everett Wayne Baxter,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2024-07115 Filed 4-3-24; 8:45 am]
BILLING CODE 3510-22-P