[Federal Register Volume 89, Number 92 (Friday, May 10, 2024)]
[Proposed Rules]
[Pages 40449-40456]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-09953]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[Docket No. 240502-0125]
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: Proposed rule; request for comments.

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SUMMARY: NMFS proposes regulations to implement amendment 113 to the 
Fishery Management Plan (FMP) for the Groundfish of the Gulf of Alaska 
(GOA). If approved, amendment 113 and this proposed rule 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. This action is necessary to provide increased flexibility and 
efficiency, and help ensure the rockfish total allowable catch (TAC) is 
fully harvested and landed in Kodiak while 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 GOA FMP, and other applicable laws.

DATES: Submit comments on or before June 10, 2024.

ADDRESSES: A plain language summary of this proposed rule is available 
at https://www.regulations.gov/docket/

[[Page 40450]]

NOAA-NMFS-2023-0149. 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. Visit https://www.regulations.gov and type NOAA-NMFS-2023-0149 in the Search box. 
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 and 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.
    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 
https://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, 
[email protected].

SUPPLEMENTARY INFORMATION:

Authority for Action

    NMFS manages the groundfish fishery in the exclusive economic zone 
in the GOA according to the FMP for Groundfish of the Gulf of Alaska 
prepared by the North Pacific Fishery Management Council (Council) 
under authority of the Magnuson-Stevens Fishery Conservation and 
Management Act (Magnuson-Stevens Act). Regulations governing fishing by 
U.S. vessels in accordance with the FMP appear at subpart H of 50 CFR 
part 600 and 50 CFR part 679.
    A notice of availability (NOA) for amendment 113 was published in 
the Federal Register on April 4, 2024 (89 FR 23535), with comments 
invited through June 3, 2024. All relevant written comments received by 
the end of the comment period (See DATES), whether specifically 
directed to the NOA or this proposed rule, will be considered by NMFS 
in the approval/disapproval decision for amendment 113. Commenters do 
not need to submit the same comments on both the NOA and this proposed 
rule. Comments submitted on this proposed rule by the end of the 
comment period (See DATES) will be considered by NMFS in our decision 
to implement measures recommended by the Council and will be addressed 
in the response to comments in the final rule.

Background

    Following is a description of the Central GOA Rockfish Program (RP) 
and the need for this proposed rule.

The Rockfish Program

    This section provides a brief overview of the RP, which is a 
limited access privilege program (LAPP). The Council designed the RP to 
meet the requirements for limited access privileges in section 303A of 
the Magnuson-Stevens Act. The RP was developed to enhance resource 
conservation and improve economic efficiency in the CGOA rockfish 
fisheries. A detailed description of the RP and its development is 
provided in the preambles to the proposed and final rules implementing 
the RP from 2012 through 2021 (76 FR 52147, August 19, 2011 and 76 FR 
81248, December 27, 2011).
    Originally, the RP was developed to recognize historic 
participation of fishing vessels and processors. It established a set-
aside for participants not eligible to participate in the Rockfish 
Pilot Program (RPP) and catch limits of species incidentally harvested: 
northern rockfish, pelagic shelf rockfish (since redefined as dusky 
rockfish), and Pacific ocean perch.
    The RP, which includes the CGOA rockfish species of Pacific ocean 
perch, northern rockfish, and pelagic shelf rockfish, is based on the 
recognition of historical participation of fishing vessels and 
processors in the CGOA rockfish fisheries from 1996 to 2002. The RP 
provides catch limits for non-rockfish species and non-target rockfish 
species harvested with the CGOA rockfish species, based upon historical 
harvest levels of these incidentally caught species; and sets aside up 
to 5 percent of the TAC of the CGOA rockfish fisheries for CVs that are 
not eligible to participate in the program. The RP apportions TAC to 
cooperatives formed by individuals holding a License Limitation Program 
(LLP) license with rockfish quota share (QS). Fishing under cooperative 
management resulted in a slower-paced fishery that allowed harvesters 
to choose when to fish and provided greater stability for processors by 
spreading out production over a longer period of time.
    The RP provides exclusive harvesting privileges for vessels using 
trawl gear to harvest a specific set of ``rockfish primary species'' 
and associated ``rockfish secondary species'' (defined at 50 CFR 679.2) 
incidentally harvested to the rockfish primary species in the CGOA, an 
area from 147[deg] W long. to 159[deg] W long. The rockfish primary 
species are northern rockfish, Pacific ocean perch, and dusky rockfish. 
The rockfish secondary species are Pacific cod, rougheye rockfish, 
shortraker rockfish, and sablefish. The RP also allocates a portion of 
the halibut bycatch mortality limit for the GOA trawl fisheries to RP 
participants.

Need for Amendment 113 and This Proposed Rule

    In June 2022, the Council recommended that the Secretary approve 
amendment 113 to the GOA FMP. Amendment 113 and this proposed rule 
would address changes in, and potentially resolve associated impacts 
to, the RP fishery since the RP was reauthorized in 2021.
    Cumulative changes since the start of the RP in 2012 have impacted 
the CGOA fisheries, resulting in difficulties harvesting and processing 
the CV cooperative quota (CQ), especially later in the season as 
processors approach the limit of their current processing cap or close 
for seasonal maintenance. Seasonal fishing activity is the driving 
force for the planning of vessels and processing staff needs. From the 
processors' perspective, one of the primary reasons for implementing 
the RP was to allow the rockfish fishery to be prosecuted prior to the 
start of the pink salmon fishery, which begins in July. Previous 
overlaps in the timing of various fisheries led to processing capacity 
and labor issues. Processors were unable to sustain production when 
overwhelmed with landings from various overlapping fisheries or were

[[Page 40451]]

unable to expand or shrink their production-line employee pools in 
association with landings. The RP's early opening date allowed excess 
processor capacity and labor to be utilized more efficiently. 
Additionally, since 2021, the CGOA flatfish market prices have declined 
partially due to increased foreign trade tariffs levied by China, 
leading to a negative financial impact on Kodiak processors due to 
labor planning issues and lack of sustained deliveries to keep 
processing crews active. Given these RP processing facility issues, the 
Council chose to recommend measures that would provide processors 
increased flexibility, as described below, and allow the RP fishery to 
adapt to unforeseen challenges.
    Seven individual Kodiak rockfish processors, each associated with 
one or more cooperatives, participated in the RP from 2012 through 
2014. One RP processor was acquired in 2014 by another processing 
company, reducing the total number RP processors to six but leaving the 
number of RP cooperatives unchanged. Later, in 2018, a rockfish 
processor ceased processing and the associated cooperative disbanded. 
In 2020, a merger between processors, and a third processor deciding 
not to take any RP deliveries, reduced the total number to four 
processors. In late 2023, one of the four remaining processors 
announced the intent to sell the rockfish processing plant located in 
Kodiak, which may leave 10 percent of the TAC unable to be processed, 
as each of the remaining three processors are limited to processing 30 
percent of the TAC.
    Amendment 113 and this proposed rule would also provide additional 
flexibility for trawl vessels to participate in the RP during April, 
and could keep rockfish processors fully operational, thus mitigating 
impacts from changes in market conditions. The change in season start 
date from May 1 to April 1 annually 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) when NMFS temporarily 
moved the season start date to April 1, 2021.
    The term ``use cap'' or ``cap'' is the limit on the quota that can 
be caught or processed by participants in the RP. This proposed rule 
would implement the amendment 113 change to three of the RP use caps to 
remove constraints on the amount of CQ that can be caught or processed 
by participants, while still maintaining the Council's original intent 
of preventing consolidation and meeting the overall goal of prosecuting 
this fishery in a sustainable and functional manner. These changes to 
the FMP regulations would improve the likelihood that the TACs for the 
rockfish primary species and the rockfish secondary species would be 
fully harvested and landed in Kodiak.
    In addition to providing additional flexibility to RP processors 
and harvesters, this proposed rule would implement the amendment 113 
update to terminology in the FMP regulations for one species grouping 
by changing ``pelagic shelf rockfish'' to ``dusky rockfish.'' This 
would resolve an overlooked species grouping reference that was not 
completely resolved with the final rule to implement amendment 111 to 
the GOA FMP (86 FR 11895, March 1, 2021). This is a change in name 
only; it was effectively made in May 2012 during the 2012 and 2013 
harvest specifications (77 FT 15194, March 14, 2012), when the GOA FMP 
was revised by removing widow rockfish and yellowtail rockfish from the 
``pelagic shelf rockfish'' species grouping, thus leaving only dusky 
rockfish.
    Finally, this proposed rule would revise to the regulations to 
allow for increased flexibility, consistency, and clarity, as described 
in the Other Regulatory Changes section below.

This Proposed Rule

Change in Rockfish Program Season Start Date

    This proposed rule would change the start date for this fishery 
from May 1 to April 1, specified at Sec.  679.80(a)(3)(ii) for a 
rockfish cooperative, to enhance flexibility for processing plants and 
vessel operators participating in the RP.
    This proposed rule would also change associated references to RP 
season start dates in Sec. Sec.  679.5(r)(10), 679.7(n)(3)(i), 
679.7(n)(6)(vi), 679.51(a)(2)(vi)(D)(1), 679.81(i)(3), 679.84(g)(1), 
and 679.84(g)(2). The changes in Sec.  679.5(r)(10) would add April to 
the reporting period of the Rockfish Ex-vessel Volume and Value Report. 
The changes in Sec.  679.7(n)(3)(i) and (n)(6)(vi) would extend the 
requirement to use a Vessel Monitoring System (VMS) during the month of 
April while operating in the RP fishery. The changes in Sec.  
679.51(a)(2)(vi)(D)(1) would extend the observer requirements for RP 
from May to the month of April. The changes in Sec. Sec.  679.81(i)(3), 
679.84(g)(1) and 679.84(g)(2) would extend when catch of the rockfish 
primary species and rockfish secondary species are deducted from CQ 
from May to the month of April. These provisions all reference the 
season start date for RP and the changes in this proposed rule would 
make the regulations consistent with the change to the season start 
date and would eliminate references to the prior start date of May 1.

Remove the Catcher Vessel Cooperative Rockfish CQ Use Cap

    This proposed rule would remove Sec.  679.82(a)(3), thereby 
eliminating the CV cooperative rockfish CQ use cap that prevents a CV 
rockfish cooperative from holding or using an amount of rockfish 
primary species CQ during a calendar year that is greater than an 
amount resulting from 30.0 percent of the aggregate rockfish primary 
species QS initially assigned to the CV sector. Removing this use cap 
would allow cooperatives to reduce the administrative and management 
costs associated with managing the cooperatives. RP CVs are currently 
free to join any RP cooperative and each RP cooperative can associate 
with any processor, and any processor can associate with more than one 
cooperative. The Council determined, and NMFS agrees, that the RP's 
processing use cap provides the intended protection from over 
consolidation, as discussed below, and removing the 30 percent CV 
cooperative CQ cap would remove duplication and increase efficiencies 
for cooperatives.
    Therefore, this proposed rule would relieve the unnecessary 
administrative burden caused by preventing RP CVs from joining together 
into larger cooperatives, while providing more flexibility within the 
RP fishery for CVs.

Increase the Use Caps for Rockfish Processors

    This proposed rule would revise Sec.  679.82(a)(5) to increase the 
use cap for rockfish processors from 30 percent to 40 percent of the CV 
QS pool for rockfish primary species, Pacific cod, and sablefish, which 
ensures that a minimum of three Kodiak processors would be necessary to 
process all the RP CQ. As noted above, seven individual Kodiak rockfish 
processors, each associated with one or more cooperatives, participated 
in the RP from 2012 through 2014. The reduction from seven rockfish 
processors down to the four that are currently required was not a 
result of consolidation; it occurred because of plant closures due to 
various market conditions since 2014. There are currently four rockfish 
processors operating in Kodiak, Alaska. One of those four rockfish 
processors announced in December 2023 that their Kodiak processing 
plant would be listed for sale, resulting in uncertainty for

[[Page 40452]]

vessels having a market for rockfish CQ deliveries. Increasing the 
processor use cap could allow consolidation of RP processing activity 
to three rockfish processors in Kodiak, Alaska. This could reduce the 
number of operating rockfish processors; however, increasing the 
processing cap to 40 percent would continue to limit processor 
consolidation and provide additional flexibility, allowing all of the 
CV CQ to be harvested and processed for the primary aggregated rockfish 
species, Pacific cod, and sablefish.

Revise CV Aggregated Rockfish Harvesting Cap

    This proposed rule would revise Sec.  679.82(a)(4) pertaining to 
the 8 percent harvest vessel use cap for catcher vessels. This proposed 
rule would not change the harvest vessel use cap for catcher/processor 
vessels.
    This change would delete the phrases ``rockfish primary species'' 
and ``aggregate rockfish primary species'' in paragraph (4) and replace 
them with the phrase ``Pacific ocean perch'', thus effectively removing 
dusky rockfish and northern rockfish from the calculation of the 8 
percent harvest vessel use cap, so that the cap would apply only to a 
CV's harvest of Pacific ocean perch. This change is intended to 
increase harvest under the RP and more fully utilize the dusky rockfish 
and northern rockfish TACs, which are consistently underharvested. This 
would provide an increased opportunity to CVs to harvest a larger 
portion of dusky rockfish and northern rockfish CQ. In the past, one to 
three CVs have approached the harvest vessel use cap, but never 
exceeded that use cap. CVs that have approached the aggregated rockfish 
harvesting cap limit primarily catch Pacific ocean perch. As a result, 
maintaining the 8 percent harvest vessel use cap for Pacific ocean 
perch, but removing it for dusky and northern rockfish, would continue 
to restrict the catch of Pacific ocean perch quota while simultaneously 
allowing RP CVs to harvest a greater portion of the dusky rockfish and 
northern rockfish CQ.

Other Regulatory Changes

    In addition to the regulatory changes necessary to implement 
amendment 113, NMFS proposes the below revisions to the FMP regulations 
on the RP for clarity, efficiency, and technical consistency, pursuant 
to the authority of section 305(d) of the Magnuson-Stevens Act. These 
revisions would:
     Replace all relevant instances of ``pelagic shelf 
rockfish'' with ``dusky rockfish'' in Sec.  679.7(n)(4), 
679.7(n)(6)(vi), and table 37 in part 679. This change would clarify 
that the regulations apply only to one species, dusky rockfish. This 
would resolve an overlooked species grouping reference. Recommendations 
were made by the Council during the 2012 and 2013 harvest 
specifications process to align the GOA FMP with the Stock Assessment 
and Fisheries Evaluation report for the GOA. In May 2012, the GOA FMP 
was revised to remove widow rockfish and yellowtail rockfish from the 
``pelagic shelf rockfish'' assemblage, leaving only dusky rockfish (77 
FR 15194, March 14, 2012). The final rule to implement amendment 111 to 
the GOA FMP changed references from ``pelagic shelf'' rockfish to 
``dusky'' rockfish throughout 50 CFR part 679 to update the GOA FMP 
regulations consistent with changes that have occurred to species 
categories since 2012 and consistent with the implementation of the 
Rockfish Program (86 FR 11895, March 1, 2021). However, the final rule 
implementing the Rockfish Program did not change Sec.  679.7(n)(4), 
679.7(n)(6)(vi), and table 37 in part 679. Tables or other sections 
that refer to a specific year in which all three species were present 
in the assemblage would not be changed.
     Revise Sec.  679.5(r)(8)(i)(A) and (B) to allow vessel 
operators to submit the check in/out reports on behalf of the rockfish 
cooperative for additional flexibility. The designated representative 
of a rockfish cooperative, or vessel operator authorized by the 
rockfish cooperative, would be able to conduct the check in/out process 
for the rockfish cooperative vessel.
     Remove the website address for the NMFS Alaska Region 
website in Sec.  679.5(r)(10)(v). Because the website address is 
included in the definition of ``NMFS Alaska Region website'' at Sec.  
679.2, it is no longer necessary (and it may be confusing) to also 
include the website in Sec.  679.5(r)(10)(v).
     Revise Sec.  679.81(f)(4) by removing the requirement to 
submit all listed documents for the Annual Application for the RP. 
Thus, all documents would be required to be submitted with an initial 
application, while applicants would be required to resubmit only those 
documents from the initial application that contain new or changed 
information. This change would help reduce the reporting burden for 
subsequent annual applications.
     Regulations at Sec.  679.81(g)(2)(i) and (ii) by removing 
``Transfer Key'' from the application for inter-cooperative transfer of 
cooperative quota, as Transfer Keys are no longer used by the RP.

Classification

    Pursuant to sections 304(b)(1)(A) and 305(d) of the Magnuson-
Stevens Act, the NMFS Assistant Administrator has determined that this 
proposed rule is consistent with the GOA FMP, other provisions of the 
Magnuson-Stevens Act, and other applicable law, subject to further 
consideration after public comment. Pursuant to MSA section 305(d), 
this action is necessary to carry out amendment 113 to the GOA FMP, 
other provisions of the Magnuson-Stevens Act, and other applicable law, 
and to revise regulations associated with the RP for clarity and 
technical consistency. Section 305(d) grants the authority to make 
technical changes to existing regulations, updating cross-references, 
and clarifications to facilitate pre-planned efficiencies. This 
proposed rule has been determined to be not significant for the 
purposes of Executive Order 12866.
    A Regulatory Impact Review was prepared to assess costs and 
benefits of available regulatory alternatives. A copy of this analysis 
is available from NMFS (see ADDRESSES). The Council recommended 
amendment 113, and NMFS proposes these regulations based on those 
measures that maximize 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

    This Initial Regulatory Flexibility Analysis (IRFA) was prepared 
for this proposed rule, as required by Section 603 of the Regulatory 
Flexibility Act (RFA) (5 U.S.C. 603), to describe the economic impact 
this proposed rule, if adopted, would have on small entities. This IRFA 
describes the action; the reasons why this proposed rule 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 above in the SUPPLEMENTARY INFORMATION section of

[[Page 40453]]

this proposed rule, and are not repeated here.
    For Regulatory Flexibility Act 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.

Number and Description of Small Entities Regulated by This Proposed 
Rule

    This proposed rule would directly regulate the owners and operators 
of CVs and catcher/processor vessels eligible to participate in the 
CGOA RP. In 2022 (the most recent year of complete data), 57 vessels 
participated in the RP, 26 of which are considered small entities based 
on the $11 million threshold. None of the nine catcher/processor 
vessels that participate in the RP are classified as small entities 
because their combined gross income through affiliation with the 
amendment 80 cooperative exceeds the $11 million first wholesale value 
threshold for combined annual receipts for all affiliated operations 
worldwide. Additional detail is included in Sections 2.9 in the 
Analysis prepared for this rule (see ADDRESSES).

Description of Significant Alternatives That Minimize Adverse Impacts 
on Small Entities

    In recommending amendment 113 and this proposed rule, the Council 
considered two alternatives, with multiple elements, including the ``no 
action'' alternative (Alternative 1); and an action alternative 
(Alternative 2) to modify the RP with four options to address a suite 
of potential management revisions. The Council selected, and this 
proposed rule would implement, Alternative 2, and all options under 
that alternative, which would increase net benefits to the nation in 
comparison to the status quo. Those options, which are described (along 
with a description of the benefits of each option) above in the section 
entitled, ``This Proposed Rule,'' are to: (1) change the season start 
date from May 1 to April 1; (2) remove the CV cooperative rockfish CQ 
use cap; (3) increase the use caps for rockfish processors; and (4) 
revise the CV aggregated rockfish harvesting cap. As described above in 
the ``This Proposed Rule'' section, these options enhance flexibility 
(options 1, 2 and 3), relieve unnecessary administrative burdens for 
participants in the RP (option 2), and provide increased opportunities 
to harvest a larger portion of the dusky rockfish and northern rockfish 
CQ (option 4). The option to increase the processor use cap from 30 to 
40 percent could allow consolidation of RP processing activity to three 
rockfish processors in Kodiak. This allows for the reduction of the 
number of operating rockfish processors from four to three. The 
expected result of this option to increase the processing cap would be 
continued limiting of processor consolidation while also allowing for 
additional flexibility compared to the status quo. These adjustments to 
the current CGOA RP would allow additional flexibility to adapt to 
changing market and environmental conditions, both on the water and in 
processing capacity within the community, as discussed in the ``This 
Proposed Rule'' section. The proposed action is intended to meet the 
overall goal of prosecuting this fishery in a sustainable and 
functional manner, and to better ensure that the TACs for the primary 
rockfish species and other allocated species are fully harvested and 
landed in Kodiak. As noted by the Council in its purpose and need 
statement, this proposed action includes relatively small changes to 
the regulations but could have a meaningful impact to the fishery and 
the Kodiak community.
    Based upon the best available scientific data, and in consideration 
of the Council's objectives of this action, there are no significant 
alternatives to Alternative 2, which would be implemented by this 
proposed rule, that have the potential to accomplish the stated 
objectives of the Magnuson-Stevens Act and any other applicable 
statutes, and that have the potential to minimize any significant 
adverse economic impact of the proposed rule on small entities. After 
consideration of input from the public, the Council and NMFS concluded 
that the proposed action would best accomplish the stated objectives 
articulated above in the SUPPLEMENTARY INFORMATION section of this 
proposed rule, and in applicable statutes, and would minimize any 
significant economic impact of the proposed rule on small entities.

Duplicate, Overlapping, or Conflicting Federal Rules

    NMFS has not identified any duplication, overlap, or conflict 
between this proposed rule and existing Federal rules.

Recordkeeping, Reporting, and Other Compliance Requirements

    This proposed rule would modify recordkeeping and reporting 
requirements under the RP to: (1) Add the month of April to the 
Rockfish Ex-vessel Volume and Value Report; (2) modify cooperative 
check-in/out procedures to allow vessel operators to perform the check-
in/out; (3) prohibit operation of a vessel that is assigned to a 
rockfish cooperative and fail to use functioning VMS equipment at all 
times when operating in a reporting area off Alaska for the month of 
April; and (4) require documentation for the Annual Application for the 
RP on the initial application, while subsequently requiring less 
documentation. Subsequent applications will only be required to 
resubmit documents for the application if information has changed. 
These recordkeeping and reporting changes would clarify existing 
provisions of the RP and remove unnecessary reporting requirements, 
with the result of slightly reducing the reporting burden for all 
directly regulated entities including small entities. The impact of 
these changes is described in more detail in Section 2.8.2 of the 
Analysis prepared for this proposed rule (See ADDRESSES).

Collection-of-Information Requirements

    Under the Paperwork Reduction Act (PRA) of 1995, two collections of 
information (and the requirements therein) would continue to apply with 
no changes: Office of Management and Budget (OMB) Control Number 0648-
0445, NMFS Alaska Region VMS Program; and OMB Control Number 0648-0711, 
Alaska Cost Recovery and Fee Programs. This proposed rule does not 
contain a change to the requirements contained in these two 
collections.
    This proposed rule contains one collection-of-information 
requirement subject to review and approval by the OMB under the PRA. 
This proposed rule would revise the existing requirements for the 
collection of information OMB Control Number 0648-0545, entitled 
``Central Gulf of Alaska Rockfish Program: Permits and Reports.'' As 
described below, the revisions made by this proposed rule to OMB 
Control Number 0648-0545 would not result in a change in estimated 
burden hours. Because of a concurrent action (submitted for three-year 
renewal) for 0648-0545, the revision to that collection of information 
for this rule will be assigned a temporary control number that will 
later be merged into 0648-0545.

[[Page 40454]]

    Specifically, this proposed rule would revise the requirements for 
the Application for Rockfish Cooperative Fishing Quota to require the 
documents listed at Sec.  679.81(f)(4)(i) to be submitted only with the 
initial application. In subsequent applications, applicants would need 
to resubmit these documents only if information has changed. This would 
not modify the respondents, responses, or the burden related to this 
application. This proposed rule would also allow vessel operators to 
conduct the check-in and check-out process for the rockfish cooperative 
vessel check-in and check-out reports. Currently this can only be done 
by the RP cooperative representative. This revision would add 10 vessel 
operators as new respondents for the rockfish check-in and check-out 
reports, but would not change the number of responses or the burden.
    The public reporting burden for the Application for Rockfish 
Cooperative Fishing Quota is estimated to average two hours and the 
check-in and check-out reports are estimated to average 10 minutes 
each. These burden estimates include the time for reviewing 
instructions, searching existing data sources, gathering and 
maintaining the data needed, and completing and reviewing the 
collection of information.
    Public comment is sought regarding whether existing collections of 
information 0648-0445 and 0648-0711, and collection of information 
0648-0545 as proposed for revision by this action, are necessary for 
the proper performance of the functions of the agency, including 
whether the information to be collected will have practical utility; 
the accuracy of the burden estimate; ways to enhance the quality, 
utility, and clarity of the information to be collected; and ways to 
minimize the burden of the collection of information, including through 
the use of automated collection techniques or other forms of 
information technology. Submit comments on these or any other aspects 
of the collection of information at https://www.reginfo.gov/public/do/PRAMain.
    Notwithstanding any other provision of the law, no person is 
required to respond to, nor shall any person be subject to a 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.

List of Subjects in 50 CFR Part 679

    Alaska, Fisheries, Reporting and recordkeeping requirements.

    Date: May 2, 2024.
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.

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2. In Sec.  679.5, revise of paragraphs (r)(8)(i)(A) introductory text, 
(r)(8)(i)(B) introductory text, (r)(8)(ii), and (r)(10)(ii) and (v) to 
read as follows:


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

* * * * *
    (r) * * *
    (8) * * *
    (i) * * *
    (A) Vessel check-in. The designated representative of a rockfish 
cooperative must designate any vessel that is authorized to fish under 
the rockfish cooperative's CQ permit, or, if authorized by the rockfish 
cooperative, the operator of a vessel must do so, before that vessel 
may fish under that CQ permit through a check-in procedure. The 
designated representative for a rockfish cooperative or operator of the 
vessel must submit to NMFS, in accordance with paragraph (r)(8)(ii) of 
this section, a check-in designation for a vessel:
* * * * *
    (B) Vessel check-out. The designated representative of a rockfish 
cooperative must designate any vessel that is no longer fishing under a 
CQ permit for that rockfish cooperative, or, if authorized by the 
rockfish cooperative, the operator of the vessel must do so, through a 
check-out procedure. A check-out report must be submitted to NMFS, in 
accordance with (r)(8)(ii) of this section, within 6 hours after the 
effective date and time the rockfish cooperative ends the vessel's 
authority to fish under the CQ permit.
* * * * *
    (ii) Submittal. The designated representative of the rockfish 
cooperative or, if authorized by the rockfish cooperative, the operator 
of a vessel must submit a vessel check-in or check-out report 
electronically. The rockfish cooperative's designated representative or 
vessel operator must log into the online system and create a vessel 
check-in or vessel check-out request as indicated on the computer 
screen. By using the NMFS ID password and submitting the transfer 
request, the designated representative or vessel operator certifies 
that all information is true, correct, and complete.
* * * * *
    (10) * * *
    (ii) Reporting period. The reporting period of the Rockfish Ex-
vessel Volume and Value Report shall extend from April 1 through 
November 15 of each year.
* * * * *
    (v) Submittal. The rockfish processor must complete and submit 
online by electronic submission to NMFS the Rockfish Ex-vessel Volume 
and Value Report available at the Alaska Region website.
* * * * *
0
3. Amend Sec.  679.7 by
0
a. Revising paragraph (n)(3)(i) introductory text; and
0
b. Removing the phrase ``pelagic shelf rockfish'' and adding, in its 
place, the phrase ``dusky rockfish'' in paragraphs (n)(4) and 
(n)(6)(vi).
    The revision reads as follows:


Sec.  679.7  Prohibitions.

* * * * *
    (n) * * *
    (3) * * *
    (i) Operate a vessel that is assigned to a rockfish cooperative and 
fail to use functioning VMS equipment as described at Sec.  679.28(f) 
at all times when operating in a reporting area off Alaska from April 
1:
* * * * *
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4. In Sec.  679.51, revise paragraph (a)(2)(vi)(D)(1) to read as 
follows:


Sec.  679.51  Observer and Electronic Monitoring System requirements 
for vessels and plants.

    (a) * * *
    (2) * * *
    (vi) * * *
    (D) * * *
    (1) Rockfish cooperative. A catcher/processor that is named on an 
LLP license that is assigned to a rockfish cooperative and is fishing 
under a CQ permit must have at least two observers aboard for each day 
that the vessel is used to catch or process fish in the Central GOA 
from April 1 through the earlier of November 15 or the effective date 
and time of an approved rockfish cooperative termination of fishing 
declaration. At least one observer must be endorsed as a lead level 2 
observer. More than two observers must be aboard if the observer 
workload restriction

[[Page 40455]]

would otherwise preclude sampling as required.
* * * * *
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5. In Sec.  679.80, revise paragraph (a)(3)(ii) to read as follows:


Sec.  679.80   Allocation and transfer of rockfish QS.

* * * * *
    (a) * * *
    (3) * * *
    (ii) Rockfish cooperative. Fishing by vessels participating in a 
rockfish cooperative is authorized from 1200 hours, A.l.t., April 1 
through 1200 hours, A.l.t., November 15.
* * * * *
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6. In Sec.  679.81, revise paragraphs (f)(4) introductory text, 
(f)(4)(i) introductory text, (g)(2)(i) and (ii), and (i)(3)(viii) and 
(xxii) read as follows:


Sec.  679.81  Rockfish Program annual harvester privileges.

* * * * *
    (f) * * *
    (4) Contents of the Application. A completed application must 
contain the information specified on the Application for Rockfish 
Cooperative Fishing Quota identifying the rockfish cooperative, members 
of the cooperative, and processor associate of a catcher vessel 
rockfish cooperative, with all applicable fields accurately filled-in 
and all required documentation attached. The initial application must 
contain all documents specified at paragraph (f)(4)(i) of this section. 
Subsequent applications will only be required to resubmit documents 
specified at paragraph (f)(4)(i) if information they contain has 
changed.
    (i) Additional documentation. For the cooperative application to be 
considered complete, the following documents must be attached to the 
initial application:
* * * * *
    (g) * * *
    (2) * * *
    (i) The transferor's designated representative must log into NMFS' 
online system and create a transfer request as indicated on the 
computer screen. By using the transferor's NMFS ID and password, and 
submitting the transfer request, the designated representative 
certifies that all information is true, correct, and complete.
    (ii) The transferee's designated representative must log into the 
online system and accept the transfer request. By using the 
transferee's NMFS ID and password, the designated representative 
certifies that all information is true, correct, and complete.
* * * * *
    (i) * * *
    (3) * * *

------------------------------------------------------------------------
                                    Catcher vessel     Catcher/processor
           Requirement                  sector              sector
------------------------------------------------------------------------
 
                              * * * * * * *
(viii) Is there a season during   Yes, any vessel designated to catch CQ
 which designated vessels may      for a rockfish cooperative is limited
 catch CQ?                         to catching CQ during the season
                                   beginning on 1200 hours, A.l.t., on
                                   April 1 through 1200 hours, A.l.t.,
                                   on November 15.
 
                              * * * * * * *
(xxii) When does catch count      Any vessel fishing checked-in (and
 against my CQ permit?.            therefore fishing under the authority
                                   of a CQ permit must count any catch
                                   of rockfish primary species, rockfish
                                   secondary species, or rockfish
                                   halibut PSC against that rockfish
                                   cooperative's CQ from April 1 until
                                   November 15, or until the effective
                                   date of a rockfish cooperative
                                   termination of fishing declaration
                                   that has been approved by NMFS).
 
                              * * * * * * *
------------------------------------------------------------------------

* * * * *
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7. In Sec.  679.82, remove and reserve paragraph (a)(3) and revise 
paragraphs (a)(4)(i) and (a)(5) to read as follows:


Sec.  679.82  Rockfish Program use caps and sideboard limits.

    (a) * * *
* * * * *
    (4) * * *
    (i) A catcher vessel may not harvest an amount of Pacific ocean 
perch CQ greater than 8.0 percent of the Pacific ocean perch CQ issued 
to the catcher vessel sector during a calendar year.
* * * * *
    (5) Use cap for rockfish processors. (i) A rockfish processor may 
not receive or process an amount of rockfish primary species harvested 
with CQ assigned to the catcher vessel sector greater than 40.0 percent 
of the aggregate rockfish primary species CQ assigned to the catcher 
vessel sector during a calendar year.
    (ii) A rockfish processor may not receive or process an amount of 
Pacific cod harvested with CQ assigned to the catcher vessel sector 
greater than 40.0 percent of Pacific cod CQ issued to the catcher 
vessel sector during a calendar year.
    (iii) A rockfish processor may not receive or process an amount of 
sablefish harvested with CQ assigned to the catcher vessel sector 
greater than 40.0 percent of sablefish CQ issued to the catcher vessel 
sector during a calendar year.
    (iv) * * *
* * * * *


Sec.  679.84   [Amended]

0
8. Amend Sec.  679.84 by removing the word ``May'' and add, in its 
place, the word ``April'' in paragraphs (g)(1) and (2).
0
9. Revise table 37 to Sec.  679 to read as follows.

  Table 37 to Part 679--GOA Amendment 80 Sideboard Limit for Groundfish
                       for the Amendment 80 Sector
------------------------------------------------------------------------
   In the following management
areas in the GOA and in adjacent
   waters open by the State of       The sideboard         Is . . .
  Alaska for which it adopts a      limit for . . .
  Federal fishing season . . .
------------------------------------------------------------------------
Area 610........................  Pollock...........  0.3% of the TAC.

[[Page 40456]]

 
Area 620........................  Pollock...........  0.2% of the TAC.
Area 630........................  Pollock...........  0.2% of the TAC.
Area 640........................  Pollock...........  0.2% of the TAC.
West Yakutat District...........  Pacific cod.......  3.4% of the TAC.
                                  Pacific ocean       96.1% of the TAC.
                                   perch.
                                  Dusky rockfish....  89.6% of the TAC.
Central GOA.....................  Pacific cod.......  4.4% of the TAC.
                                  Pacific ocean       Subject to
                                   perch.              regulations in
                                                       subpart G to this
                                                       part.
                                  Dusky rockfish....  Subject to
                                                       regulations in
                                                       subpart G to this
                                                       part.
                                  Northern rockfish.  Subject to
                                                       regulations in
                                                       subpart G to this
                                                       part.
Western GOA.....................  Pacific cod.......  2.0% of the TAC.
                                  Pacific ocean       99.4% of the TAC.
                                   perch.
                                  Dusky rockfish....  76.4% of the TAC.
                                  Northern rockfish.  100% of the TAC.
------------------------------------------------------------------------

[FR Doc. 2024-09953 Filed 5-9-24; 8:45 am]
BILLING CODE 3510-22-P