[Federal Register Volume 89, Number 159 (Friday, August 16, 2024)]
[Rules and Regulations]
[Pages 66633-66638]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-18053]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[Docket No. 240808-0216]
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: Final rule.

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SUMMARY: NMFS issues this final rule to implement amendment 113 to the 
Fishery Management Plan (FMP) for the Groundfish of the Gulf of Alaska 
(GOA). This final rule modifies specific provisions of the Central Gulf 
of Alaska (CGOA) Rockfish Program (RP) to change the season start date, 
remove the catcher vessel (CV) cooperative quota (CQ) cap, and revise 
the processing and harvesting caps. This final rule is necessary to 
provide increased flexibility and efficiency and to help ensure the 
rockfish total allowable catch (TAC) is fully harvested and landed in 
Kodiak while maintaining the intent of the RP. This action 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: Effective September 16, 2024.

ADDRESSES: Electronic copies of amendment 113 to the GOA FMP, the 
Environmental Assessment/Regulatory Impact Review prepared for this 
action (the analysis), and the Finding of No Significant Impact 
prepared for this action may be obtained from https://www.regulations.gov and the NMFS Alaska Region website at https://www.fisheries.noaa.gov/region/alaska.
    Written comments regarding the burden-hour estimates or other 
aspects of the collection-of-information requirements contained in this 
final rule may be submitted to NMFS Alaska Region, P.O. Box 21668, 
Juneau, AK 99802-1668, Attn: Gretchen Harrington; 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, 
[email protected].

SUPPLEMENTARY INFORMATION: This final rule implements amendment 113 to 
the GOA FMP. A notice of availability (NOA) for amendment 113 was 
published by NMFS in the Federal Register on April 4, 2024 (89 FR 
23535), with public comments invited through June 3, 2024. NMFS 
published a proposed rule to implement amendment 113 in the Federal 
Register on May 10, 2024 (89 FR 40449), with public comments invited 
through June 10, 2024. The Secretary of Commerce approved amendment 113 
on June 27, 2024 after considering information from the public and 
determining that amendment 113 is consistent with the GOA FMP, the 
Magnuson-Stevens Act, and other applicable laws.
    NMFS received 3 relevant written comments in response to requests 
for public comment, that were either directed to the NOA for the FMP 
amendments, the proposed rule, or both, in association with Secretarial 
approval of the amendment or the proposed rule. A summary of the 
comments and NMFS' responses are provided under the heading Comments 
and Responses section below.

Background

The Rockfish Program

    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

[[Page 66634]]

rules implementing the RP (76 FR 52147, August 19, 2011; 76 FR 81248, 
December 27, 2011).
    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 
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 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.

Final Rule

    Amendment 113 and this final rule address changes in, and 
potentially resolve associated commercial fish market impacts to, the 
RP fishery since the RP was reauthorized in 2021. A detailed 
description of this action and its development is provided in the 
preamble to the proposed rule and in the Analysis.
    This final rule changes the regulations to improve the likelihood 
that the TACs for the rockfish species are fully harvested and landed 
in Kodiak. This final rule provides additional flexibility for trawl 
vessels to participate in the RP during April each year, and keep 
rockfish processors fully operational, thus mitigating impacts from 
changes in market conditions. This final rule also implements changes 
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 RP's original intent to limit consolidation while allowing 
this fishery to be prosecuted in a sustainable and functional manner. 
The term ``use cap'' or ``cap'' is the limit on the quota that can be 
caught or processed by participants in the RP.

Change in Rockfish Program Season Start Date

    This final rule changes the start date for this fishery from May 1 
to April 1, specified at 50 CFR 679.80(a)(3)(ii) for a rockfish 
cooperative, to enhance flexibility for processing plants and vessel 
operators participating in the RP. This change in season start date 
helps maintain processing capacity for other non-trawl fisheries 
through workforce stability.
    This final rule changes 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) 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) 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) 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) 
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 final rule make the regulations consistent with the 
change to the season start date and eliminate references to the prior 
start date of May 1.

Remove the Catcher Vessel Cooperative Rockfish CQ Use Cap

    This final rule removes 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. Therefore, this final rule relieves the 
unnecessary administrative burden caused by the CQ use cap preventing 
RP CVs from joining together into larger cooperatives, providing more 
flexibility within the RP fishery for CVs.

Increase the Use Caps for Rockfish Processors

    This final rule revises 50 CFR 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 are necessary to process all 
the RP CQ.

Revise CV Aggregated Rockfish Harvesting Cap

    This final rule revises 50 CFR 679.82(a)(4) by removing dusky 
rockfish and northern rockfish from the calculation of the 8 percent 
harvest vessel use cap for CVs. This final rule does not change the 
harvest vessel use cap for catcher/processor vessels.
    This change removes the phrases ``rockfish primary species'' and 
``aggregate rockfish primary species'' in paragraph (4) and replaces 
them with the phrase ``Pacific ocean perch.'' This effectively removes 
dusky rockfish and northern rockfish from the calculation of the 8 
percent harvest vessel use cap, so that the cap now applies only to a 
CV's harvest of Pacific ocean perch. This may improve the likelihood 
that the TACs for the rockfish primary species and the rockfish 
secondary species are fully harvested and landed in Kodiak.

Other Regulatory Changes

    In addition to the regulatory changes necessary to implement 
amendment 113, NMFS revises the following regulations for clarity, 
efficiency, and technical consistency:
     Replace all relevant instances of ``pelagic shelf 
rockfish'' with ``dusky rockfish'' in 50 CFR 679.7(n)(4), 
679.7(n)(6)(vi), and table 37 in part 679. This change clarifies that 
the regulations apply only to one species: dusky rockfish. This 
resolves an incorrect 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);
     Revise 50 CFR 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;
     Remove the website address for the NMFS Alaska Region 
website in 50 CFR 679.5(r)(10)(v);
     Revise 50 CFR 679.81(f)(4) by removing the requirement to 
submit all listed documents for the Annual Application for the RP. 
Thus, all documents are required to be submitted with an initial 
application, while applicants are required to resubmit only those 
documents from the initial application that contain new or changed 
information; and
     Revise 50 CFR 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.

[[Page 66635]]

Comments and Responses

    NMFS received three comment letters on the Notice of Availability 
and the proposed rule. NMFS summarized and responded to the three 
unique comments below. The comments were from individuals and industry 
participants. One comment was outside the scope of this action.
    Comment 1: The fishery is under extreme stress due to global and 
domestic seafood market conditions across all species and sectors. 
These adjustments help alleviate some of these challenges and 
stressors.
    Response: NMFS acknowledges the comment.
    Comment 2: The current practice of having the cooperative's 
designated representative perform all the check ins and check outs has 
worked well to date and a regulatory change is not warranted for 
catcher vessels. The provision allowing vessel operators to check 
vessels in and out of the fishery should be limited to the Catcher 
Processor sector.
    Response: This provision requires that the designated 
representative authorizes a vessel operator to complete vessel check-
ins and check-outs. This is a voluntary action and the designated 
representative may opt to complete all vessel check-ins and check-outs 
for the CV sector.

Changes From Proposed to Final Rule

    NMFS made no changes from the proposed to final rule.

Classification

    NMFS is issuing this final rule pursuant to sections 304(b) and 
305(d) of the Magnuson-Stevens Act, which provide the specific 
authority for implementing this action. Pursuant to sections 304(b) and 
305(d) of the Magnuson-Stevens Act, 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), in particular, grants the authority to make technical changes 
to existing regulations, updating cross-references, and clarifications 
to facilitate pre-planned efficiencies. The NMFS Assistant 
Administrator has determined that this final rule is consistent with 
the FMP, other provisions of the Magnuson-Stevens Act, and other 
applicable law.
    This final rule has been determined to be not significant for the 
purposes of Executive Order 12866.

Final Regulatory Flexibility Analysis (FRFA)

    This FRFA incorporates the initial regulatory flexibility analysis 
(IRFA), a summary of the significant issues raised by the public 
comments in response to the IRFA, NMFS's responses to those comments, 
and a summary of the analyses completed to support this action.
    Section 604 of the Regulatory Flexibility Act (RFA) requires that, 
when an agency promulgates a final rule under section 553 of Title 5 of 
the U.S. Code, after being required by that section or any other law to 
publish a general notice of proposed rulemaking, the agency shall 
prepare a FRFA. Section 604 describes the required contents of a FRFA: 
(1) a statement of the need for and objectives for this rule; (2) a 
statement of the significant issues raised by the public comments in 
response to the IRFA, a statement of the assessment of the agency of 
such issues, and a statement of any changes made to the proposed rule 
as a result of such comments; (3) the response of the agency to any 
comments filed by the Chief Counsel for Advocacy of the Small Business 
Administration (SBA) in response to the proposed rule, and a detailed 
statement of any change made to the proposed rule in this final rule as 
a result of the comments; (4) a description of and an estimate of the 
number of small entities to which the rule will apply or an explanation 
of why no such estimate is available); (5) a description of the 
projected reporting, recordkeeping, and other compliance requirements 
of the rule, including an estimate of the classes of small entities 
that will be subject to the requirement and the type of professional 
skills necessary for preparation of the report or record; and (6) a 
description of the steps the agency has taken to minimize the 
significant economic impact on small entities consistent with the 
stated objectives of applicable statutes including a statement of the 
factual, policy, and legal reasons for selecting the alternative 
adopted in this final rule and why each one of the other significant 
alternatives to the rule considered by the agency which affect the 
impact on small entities was rejected.
    A description of this final rule and the need for and objectives of 
this rule are contained in the preamble to this final rule and the 
preamble to the proposed rule and are not repeated here (89 FR 40449, 
May 10, 2024).

Public and Chief Counsel for Advocacy Comments on the Proposed Rule

    NMFS published the proposed rule on May 10, 2024 (89 FR 40449). An 
IRFA was prepared and summarized in the ``Classification'' section of 
the preamble to the proposed rule. The comment period closed on June 
10, 2024. NMFS received three letters of public comment on the proposed 
rule and amendment 113. The Chief Counsel for Advocacy of the SBA did 
not file any comments on the proposed rule.

Summary of Significant Issues Raised During Public Comment

    NMFS received no comments on the IRFA.

Number and Description of Small Entities Regulated by This Final Action

    This final rule directly regulates the owners and operators of CVs 
and catcher/processor vessels eligible to participate in the CGOA RP. 
In 2022 (i.e., 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).

Recordkeeping, Reporting, and Other Compliance Requirements

    This final rule modifies 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 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

[[Page 66636]]

including small entities. The impact of these changes is described in 
more detail in section 2.8.2 of the Analysis prepared for this final 
rule (See ADDRESSES).

Description of Significant Alternatives That Minimize Adverse Impacts 
on Small Entities

    In recommending amendment 113 and this 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. Those options, which are described (along with a 
description of the benefits of each option) above in the section 
entitled, ``Final 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 
``Final 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 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 ``Final 
Rule'' section. The Council selected, and this final rule implements, 
Alternative 2, and all four options under that alternative, which would 
increase net benefits to the nation in comparison to the status quo. 
The final action meets the overall goals of prosecuting this fishery in 
a sustainable and functional manner and better ensuring 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 final action includes relatively small changes 
to the regulations but these changes could have a meaningful impact on 
the fishery and the Kodiak community.
    Based upon the best available scientific data, and in consideration 
of the Council's and NMFS's objectives of this action, there are no 
significant alternatives to Alternative 2, which would be implemented 
by this final 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 this final rule on small entities. After 
consideration of input from the public, the Council and NMFS concluded 
that the final action best accomplishes the stated objectives 
articulated above in the SUPPLEMENTARY INFORMATION section of this 
final rule, and in applicable statutes, and would minimize any 
significant economic impact of the proposed rule on small entities.

Small Entity Compliance Guide

    Section 212 of the Small Business Regulatory Enforcement Fairness 
Act of 1996 states that, for each rule or group of related rules for 
which an agency is required to prepare a final regulatory flexibility 
analysis, the agency shall publish one or more guides to assist small 
entities in complying with the rule and shall designate such 
publications as ``small entity compliance guides.'' The agency shall 
explain the actions a small entity is required to take to comply with a 
rule or group of rules. The preambles to the proposed rule and this 
final rule include a detailed description of the actions necessary to 
comply with this rule. This action does not require any additional 
compliance from small entities that is not described in the preambles 
to the proposed rule and this final rule. Copies of the proposed rule 
and this final rule are available from the NMFS website at https://www.fisheries.noaa.gov/region/alaska.

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 final rule does not contain 
a change to the requirements contained in these two collections.
    This final rule contains collection-of-information requirements 
subject to review and approval by the OMB under the PRA. This final 
rule revises 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 final rule to OMB Control Number 0648-0545 will 
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, OMB Control Number 0648-0826, that 
will later be merged into 0648-0545.
    Specifically, this final rule revises the requirements for the 
Application for Rockfish Cooperative Fishing Quota to require the 
documents listed at 50 CFR 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 
will not modify the respondents, responses, or the burden related to 
this application. This final rule also allows 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 adds 10 vessel 
operators as new respondents for the rockfish check-in and check-out 
reports but does 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.
    We invite the general public and other Federal agencies to comment 
on proposed and continuing information collections, which helps us 
assess the impact of our information collection requirements and 
minimize the public's reporting burden. Written comments and 
recommendations for this information collection should be submitted at 
www.reginfo.gov/public/do/PRAMain. Find these particular information 
collections by selecting ``Currently under Review'' or by using the 
search function and entering the title of the collection or the OMB 
Control Number.
    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

[[Page 66637]]

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.

    Dated: August 8, 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.


0
2. In Sec.  679.5, revise 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 in paragraphs (n)(4) and (n)(6)(vi) the phrase ``pelagic 
shelf rockfish'' and adding, in its place, the phrase ``dusky 
rockfish''.
    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:
* * * * *

0
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 would otherwise preclude sampling as required.
* * * * *

0
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.
* * * * *

0
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 in paragraph (f)(4)(i) of this section. 
Subsequent applications will only be required to resubmit documents 
specified at paragraph (f)(4)(i) of this section if the 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

[[Page 66638]]

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      Yes, any vessel designated to catch CQ for
 during which designated       a rockfish cooperative is limited to
 vessels may catch CQ?.        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).
 
                              * * * * * * *
------------------------------------------------------------------------

* * * * *

0
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.
* * * * *


Sec.  679.84  [Amended]

0
8. Amend Sec.  679.84 by removing in paragraphs (g)(1) and (2) the word 
``May'' and add, in its place, the word ``April''.

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.
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. 2024-18053 Filed 8-15-24; 8:45 am]
BILLING CODE 3510-22-P