[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.
* * * * *
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3. Amend Sec. 679.7 by
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a. Revising paragraph (n)(3)(i) introductory text; and
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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]
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8. Amend Sec. 679.84 by removing the word ``May'' and add, in its
place, the word ``April'' in paragraphs (g)(1) and (2).
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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