Fisheries of the Exclusive Economic Zone Off Alaska; Bering Sea and Aleutian Islands Crab Rationalization Program; Amendment 45; Pacific Cod Sideboard Allocations in the Gulf of Alaska, 28539-28545 [2015-12066]

Agencies

• DEPARTMENT OF COMMERCE
• National Oceanic and Atmospheric Administration

[Federal Register Volume 80, Number 96 (Tuesday, May 19, 2015)]
[Rules and Regulations]
[Pages 28539-28545]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-12066]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

15 CFR Part 902

50 CFR Part 680

[Docket No. 130820737-5408-02]
RIN 0648-BD61


Fisheries of the Exclusive Economic Zone Off Alaska; Bering Sea 
and Aleutian Islands Crab Rationalization Program; Amendment 45; 
Pacific Cod Sideboard Allocations in the Gulf of Alaska

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and 
Atmospheric Administration (NOAA), Commerce.

ACTION: Final rule.

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SUMMARY: NMFS publishes regulations to implement Amendment 45 to the 
Fishery Management Plan for Bering Sea/Aleutian Islands King and Tanner 
Crabs (Crab FMP). Amendment 45 establishes, for a limited period of 
time, a process for NMFS to permanently remove Pacific cod catch 
limits, known as sideboard limits, which are applicable to certain 
hook-and-line catcher/processors in the Central and Western Gulf of 
Alaska (GOA) Regulatory Areas. This action authorizes NMFS to remove 
these Pacific cod sideboard limits in the Central and/or Western GOA if 
each eligible participant in the hook-and-line catcher/processor sector 
in a regulatory area signs and submits a request that NMFS remove the 
sideboard limit. Each eligible participant will be required to submit 
the request to NMFS within 1 year of the date of publication of this 
final rule. This action is necessary to provide participants in the 
Central and Western GOA hook-and-line catcher/processor sectors with an 
opportunity to cooperatively coordinate harvests of Pacific cod through 
private arrangement to the participants' mutual benefit, which would 
remove the need for sideboard limits in these regulatory areas. This 
action is intended to promote the goals and objectives of the Crab FMP, 
the Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-
Stevens Act), and other applicable law.

DATES: Effective June 18, 2015.

ADDRESSES: Electronic copies of the following documents may be obtained 
from https://www.regulations.gov or from the NMFS Alaska Region Web site 
at https://alaskafisheries.noaa.gov:
     The Regulatory Impact Review/Initial Regulatory 
Flexibility Analysis (RIR/IRFA), and the Categorical Exclusion prepared 
for this action (collectively referred to as the ``Analysis'');
     The Harvest Specifications Supplemental Information Report 
(SIR) prepared for the final 2015 and 2016 harvest specifications;
     The Final Environmental Assessment/Final RIR/IRFA for 
Amendment 83 to the Fishery Management Plan for Groundfish of the Gulf 
of Alaska (GOA FMP) Allocation of Pacific Cod Among Sectors in the 
Western and Central GOA; and
     The Alaska Groundfish Harvest Specifications Final 
Environmental Impact Statement (Harvest Specifications EIS).
    Written comments regarding the burden-hour estimates or other 
aspects of the collection of information requirements contained in this 
final rule may be submitted by mail to NMFS, Alaska Region, P.O. Box 
21668, Juneau, AK 99802-1668, Attn: Ellen Sebastian, Records Officer; 
in person at NMFS, Alaska Region, 709 West 9th Street, Room 420A, 
Juneau, AK; or by email to OIRA_submission@omb.eop.gov or fax to 202-
395-5806.

FOR FURTHER INFORMATION CONTACT: Rachel Baker, 907-586-7228

SUPPLEMENTARY INFORMATION: This final rule implements Amendment 45 to 
the Crab FMP. The king and Tanner crab fisheries in the exclusive 
economic zone (EEZ) of the Bering Sea and Aleutian Islands are managed 
under the Crab FMP. While the groundfish fisheries in the EEZ of the 
Gulf of Alaska are managed primarily under the Fishery Management Plan 
for Groundfish of the Gulf of Alaska (GOA FMP), some aspects of 
groundfish fishing in the Gulf of Alaska are managed under the Crab 
FMP.
    NMFS published the Notice of Availability for Amendment 45 in the 
Federal Register on February 2, 2015 (80 FR 5499), with a 60-day 
comment period that ended April 3, 2015. The Secretary approved 
Amendment 45 on April 29, 2015, after accounting for information from 
the public, and determining that Amendment 45 is consistent with the 
Crab FMP, the Magnuson-Stevens Act, and other applicable law. NMFS 
published a proposed rule for Amendment 45 on February 12, 2015 (80 FR 
7817). The 30-day comment period on the proposed rule ended March 16, 
2015. NMFS received one comment letter during the comment periods on 
Amendment 45 and the proposed rule. A summary of

[[Page 28540]]

the comment and NMFS' response is provided in the Comment and Response 
section of this preamble.

Background

    A detailed review of the provisions of Amendment 45, the 
implementing regulations, and the rationale for these regulations is 
provided in the preamble to the proposed rule (79 FR 36702, June 30, 
2014) and is not repeated here. The proposed rule is available from the 
NMFS Alaska Region Web site (see ADDRESSES).
    This final rule establishes, for a limited period of time, a 
regulatory process for NMFS to permanently remove Pacific cod catch 
limits, known as sideboard limits, that are applicable to some 
participants in the Central GOA Regulatory Area (Central GOA) and 
Western GOA Regulatory Area (Western GOA) hook-and-line catcher/
processor sectors. This final rule preamble provides a brief 
description of Pacific cod fishery management for the Central and 
Western GOA hook-and-line catcher/processor sectors and the management 
provisions that apply to Amendment 45 and this final rule.

Management of Pacific Cod in the Central and Western GOA

    NMFS implements conservation and management measures, such as catch 
limits, to prevent overfishing while achieving the optimum yield in 
federally managed fisheries. Catch limits for GOA Pacific cod are 
established as part of the annual harvest specifications process for 
GOA groundfish. The North Pacific Fishery Management Council (Council) 
annually recommends, and NMFS specifies, an amount of catch at which 
overfishing is occurring (i.e., overfishing limit or OFL), an 
acceptable biological catch (ABC), and a total allowable catch (TAC) 
for each stock or stock complex (i.e., species or species group). 
Separate TACs are calculated using the apportionment of TAC for 
specific regulatory areas to limit catch and ensure that fisheries can 
be effectively managed. Specific to this final rule, the Council 
recommends, and NMFS implements an OFL and ABC for Pacific cod in the 
GOA, and separate TACs for the Eastern, Central, and Western GOA 
Pacific cod fisheries. NMFS apportions each TAC among various gear 
types (e.g., pot or trawl gear), operation types (e.g., catcher vessels 
and catcher/processors), and sectors (e.g., hook-and-line catcher/
processors) as required by regulation (see regulations at Sec.  
680.20(a)). Similarly, the Council recommends and NMFS establishes 
sideboard limits as part of the harvest specifications process. 
Sideboard limits constrain harvests by specific vessels based on 
regulatory requirements established under various management programs. 
Sideboard limits are calculated as a portion of the TACs for some 
groundfish species and established in the annual harvest 
specifications. The resulting sideboard limits for Pacific cod, 
expressed in metric tons, are published in the annual GOA groundfish 
harvest specification notices (for the most recent example, see 80 FR 
10250, February 25, 2015).
    Under this final rule, the GOA Pacific cod OFL, ABC, TACs, and 
sector allocations will continue to be established through the annual 
GOA harvest specifications process. NMFS will continue to manage 
Pacific cod in the GOA by limiting harvests to the established TACs and 
sector allocations. Therefore, this final rule does not increase the 
likelihood that an OFL, ABC, TAC, or sector catch limit will be 
exceeded. See the preamble to the proposed rule and sections 1.5.2 and 
3.2 of the Analysis for additional details.
    NMFS also manages Pacific cod fisheries through the License 
Limitation Program (LLP). A vessel is required to be named on an LLP 
license before it can be deployed to directed fish (i.e., specifically 
target) for Pacific cod in Federal waters of the GOA. NMFS has issued a 
specific number of LLP licenses, which establish an upper limit on the 
total number of potential participants in GOA Pacific cod fisheries. 
LLP licenses must have the necessary endorsements to directed fish for 
Pacific cod in the GOA. Specific to this final rule, participants in 
the Central GOA and Western GOA hook-and-line catcher/processor sectors 
must have an LLP license with endorsements assigned for (1) Central GOA 
or Western GOA, (2) hook-and-line gear, (3) catcher/processor, and (4) 
Pacific cod.

GOA Pacific Cod Sideboard Limits Established Under the BSAI Crab 
Rationalization Program

    The Bering Sea and Aleutian Islands (BSAI) Crab Rationalization 
Program (CR Program) was implemented in 2005 and established a catch 
share program that allocates BSAI crab resources among harvesters, 
processors, and coastal communities. As part of the CR Program, 
eligible vessel owners and vessel captains were allocated quota share 
(QS) in several valuable crab fisheries, including the Bering Sea snow 
crab (Chionoecetes opilio) fishery. The CR Program provides increased 
flexibility for crab fishermen to choose when and where to fish or 
whether to lease their crab QS and fish for species other than crab. 
The Council and NMFS recognized that the benefits of the CR Program 
could create incentives for recipients of snow crab QS to increase 
their level of participation in groundfish fisheries, especially 
Pacific cod fisheries in the Central and Western GOA. Therefore, 
Federal regulations implementing the CR Program established CR Program 
GOA sideboards to limit the potential adverse effects of the CR Program 
on GOA groundfish fisheries. These sideboards prevent CR Program 
participants from preempting fishermen in the GOA that did not receive 
benefits from the CR Program.
    During a fishing year, NMFS manages CR Program GOA Pacific cod 
sideboard limits by tracking all catch of vessels subject to a 
sideboard limit to make sure the sideboard limits are not exceeded. 
NMFS will prohibit directed fishing for GOA Pacific cod in a specific 
regulatory area by vessels subject to the CR Program GOA Pacific cod 
sideboard limit through the annual harvest specifications if NMFS 
determines at the start of the fishing year that the CR Program GOA 
Pacific cod sideboard limit is insufficient to support a directed 
fishery by those vessels (see regulations at Sec.  680.22(e)(2) and 
(3)).
    The preamble to the proposed rule and section 1.6 of the Analysis 
describe that some of the vessels and LLP licenses active in the hook-
and-line catcher/processor sector are subject to CR Program GOA Pacific 
cod sideboard limits. The hook-and-line catcher/processor sector 
operating in the EEZ off Alaska currently consists of 36 vessels. NMFS 
has determined that eight of these 36 vessels are subject to the CR 
Program GOA Pacific cod sideboard limits. The Federal Fisheries Permit 
(FFP) issued by NMFS to each of these eight vessels includes a 
designation indicating that the vessel is subject to the CR Program GOA 
Pacific cod sideboard limits. Of the LLP licenses that authorize a 
vessel to participate in the Central and/or Western GOA Pacific cod 
hook-and-line catcher/processor sector, NMFS has determined that five 
LLP licenses are subject to the CR Program GOA Pacific cod sideboard 
limits. These five LLP licenses include a designation indicating that 
the license is subject to the CR Program GOA Pacific cod sideboard 
limits.

Allocations of Pacific Cod in the GOA

    CR Program GOA Pacific cod sideboard limits constrain the harvest 
of GOA Pacific cod by vessels and holders of license limitation program 
(LLP) licenses that were used to harvest specific amounts of Pacific 
cod in the GOA and snow crab in the Bering Sea

[[Page 28541]]

and Aleutian Islands Management Area. Originally, the CR Program GOA 
Pacific cod sideboard limits for the Eastern, Central, and Western GOA 
were calculated using the Pacific cod TACs for each area. With the 
implementation of Amendment 83 to the Fishery Management Plan for Gulf 
of Alaska Groundfish in 2012, the CR Program GOA Pacific cod sideboard 
limits in the Central and Western GOA are calculated using the 
apportionment of Pacific cod TAC established for specific gear types 
(e.g., hook-and-line gear, pot gear) and by operation type (i.e., 
catcher/processor vessels, catcher vessels). CR Program GOA Pacific cod 
sideboard limits in the Central and Western GOA for vessels using hook-
and-line gear and operating as catcher/processors (the hook-and-line 
catcher/processor sector) are now much smaller than they were prior to 
Amendment 83. As a result, NMFS prohibits directed fishing for Pacific 
cod in the Central and Western GOA by participants in the hook-and-line 
catcher/processor sector who are subject to CR Program GOA Pacific cod 
sideboard limits so that these small sideboard limits are not exceeded. 
The proposed rule preamble describes that Amendment 83 did not change 
Pacific cod management in the Eastern GOA because the same level of 
competition, or race for fish, did not exist in the Eastern GOA 
compared to the Central and Western GOA. As a result, the CR Program 
GOA Pacific cod sideboard limits in the Eastern GOA were not 
recalculated for gear and operation type.

The Effect of Pacific Cod Sideboard Limits on Hook-and-Line Catcher/
Processors in the Central and Western GOA

    The CR Program GOA Pacific cod sideboard limits affected the eight 
vessels and the five LLP licenses subject to the sideboard limits 
differently starting in 2012 under Amendment 83 than under management 
provisions when the CR Program was first implemented in 2006 through 
2011. Since the implementation of Amendment 83, NMFS has prohibited 
directed fishing by participants subject to CR Program GOA Pacific cod 
sideboard limits in the hook-and-line catcher/processor sector in the 
Central and Western GOA. NMFS has made this determination each year 
based on the small amount of the sideboard limits, the need to account 
for incidental catch of Pacific cod by sideboarded hook-and-line 
catcher/processors in other groundfish fisheries in the Central and 
Western GOA, and the potential catch rates of Pacific cod by 
sideboarded hook-and-line catcher/processors relative to the sideboard 
limits. The proposed rule preamble and sections 1.5 and 1.6 of the 
Analysis provide additional detail on the impacts of Amendment 83 on 
participants in the Central and Western GOA hook-and-line catcher/
processor sectors who are subject to CR Program GOA Pacific cod 
sideboard limits.

Implementation of This Action

    This final rule is necessary to provide participants in the Central 
and Western GOA hook-and-line catcher/processor sectors with an 
opportunity to cooperatively coordinate harvests of Pacific cod through 
private arrangement to the participants' mutual benefit, which would 
remove the need for current regulations that impose sideboard harvest 
restrictions on some participants in the sectors. This final rule 
establishes regulatory conditions that must be met prior to the removal 
of CR Program GOA Pacific cod sideboard limits for the hook-and-line 
catcher/processor sectors in the Central and/or Western GOA. NMFS will 
remove the sideboard limits if each person holding an LLP license or 
LLP licenses with endorsements that authorize directed fishing for 
Pacific cod as a hook-and-line catcher/processor in the Central or 
Western GOA (i.e., eligible participants) provides NMFS with a signed 
form requesting that NMFS remove the Pacific cod sideboard limit for 
that regulatory area.
    Under this final rule, NMFS will not remove the Pacific cod 
sideboard limit for the Central or Western GOA unless each eligible 
participant in the Central or Western GOA submits to NMFS a completed 
Request to Extinguish Pacific Cod Sideboard Limit in the Central or 
Western GOA. As described in the preamble to the proposed rule, the 
holders of LLP licenses with the necessary endorsements, rather than 
vessels owners, represent the universe of eligible fishery participants 
in the Central and Western GOA hook-and-line catcher/processor sectors. 
This final rule adds Table 10 to Part 680 to identify the 23 LLP 
licenses with endorsements that authorize a vessel to catch and process 
Pacific cod at-sea using hook-and-line gear in the Central GOA, and the 
18 LLP licenses with endorsements that authorize a vessel to catch and 
process Pacific cod at-sea using hook-and-line gear in the Western GOA. 
The holders of the LLP licenses listed in Table 10 to Part 680 comprise 
the universe of participants eligible to request removal of a GOA 
Pacific cod sideboard limit. Each holder of an LLP license with Central 
GOA endorsements listed in Table 10 to Part 680 will be required to 
complete and submit to NMFS the form requesting removal of the CR 
Program GOA Pacific cod sideboard limit in the Central GOA. Similarly, 
each holder of an LLP license with Western GOA endorsements listed in 
Table 10 to Part 680 will be required to complete and submit to NMFS 
the form requesting removal of the CR Program GOA sideboard limit in 
the Western GOA.
    This final rule modifies regulations at 50 CFR 680.22(e) that 
require NMFS to establish Pacific cod sideboard limits for hook-and-
line catcher/processors during the annual harvest specification 
process. Under this final rule, NMFS will not establish these sideboard 
limits for the Central or Western GOA if all participants eligible to 
use a hook-and-line catcher/processor to fish for Pacific cod in the 
regulatory area sign and submit to NMFS a request that NMFS remove the 
sideboard limit for that regulatory area.
    Each eligible participant will be required to submit that request 
to NMFS on or before May 18, 2016. Each eligible participant in the 
Central and/or Western GOA must sign an affidavit, included on a form, 
to request that NMFS no longer establish Pacific cod sideboard limits 
for the hook-and-line catcher/processor sector in the Central and/or 
Western GOA. If NMFS receives the required affidavits during the 1-year 
period, NMFS will announce the permanent removal of the Central and/or 
Western GOA sideboard limits during the annual GOA groundfish 
specification process and will no longer establish Pacific cod 
sideboard limits for the hook-and-line catcher/processor sector in the 
Central and/or Western GOA. If NMFS does not receive the required 
affidavits on or before May 18, 2016, NMFS will continue to establish 
GOA Pacific cod sideboard limits for the hook-and-line catcher/
processor sectors through the annual GOA groundfish specification 
process and the opportunity to remove them will expire.
    Although this final rule is intended to provide an opportunity for 
coordination and cooperation among all eligible participants in both 
the Central and Western GOA, this final rule allows the eligible 
participants to submit requests for each regulatory area separately. 
Therefore, a CR Program GOA Pacific cod sideboard limit could be 
removed for one regulatory area without requiring all eligible 
participants in both areas to agree.
    This final rule adds regulations at Sec.  680.22(e)(1)(ii) to 
clarify that NMFS will not establish CR Program GOA Pacific cod 
sideboard limits for the hook-and-line catcher/processor sector in a 
regulatory area through the annual

[[Page 28542]]

harvest specification process if NMFS receives completed request forms 
from all eligible participants in a regulatory area by the deadline. CR 
Program GOA Pacific cod sideboard limits are currently implemented 
through the annual harvest specification process; therefore, CR program 
GOA Pacific cod sideboard limits could not be removed immediately upon 
receipt by NMFS of the required forms. NMFS will remove a CR Program 
GOA Pacific cod sideboard limit for the hook-and-line catcher/processor 
sector during the next annual harvest specification cycle for GOA 
groundfish.
    This final rule does not require eligible participants to enter 
into a private contractual agreement to coordinate fishing practices 
within that regulatory area prior to submitting to NMFS the required 
forms requesting removal of a CR Program GOA Pacific cod sideboard 
limit. If the holders of the LLP licenses listed in Table 10 to Part 
680 are unable, or unwilling, to agree to request that NMFS remove a CR 
Program GOA Pacific cod sideboard limit in a regulatory area within the 
time provided, the sideboard limit for that regulatory area will 
continue to apply. Maintaining the CR Program GOA Pacific cod sideboard 
limits--if unanimous agreement for their removal is not reached by the 
eligible participants--is consistent with the objectives of sideboard 
management as established by the CR Program and the sideboard limit 
calculation method established under regulations implementing Amendment 
83. Removing sideboard limits without unanimous agreement of all of the 
eligible participants could indicate that eligible participants have 
not agreed to coordinate harvests. This could increase the likelihood 
of a race for fish and could allow those who received QS under the CR 
Program to expand their efforts in the GOA Pacific cod fisheries. Such 
a result would not be consistent with the goals of the CR Program or 
the Council's objectives for this action.
    This final rule does not modify the CR Program GOA Pacific cod 
sideboard limits for hook-and-line catcher/processors in the Eastern 
GOA. As explained in the preamble to the proposed rule, this action 
does not remove the sideboard designations on the FFPs for the eight 
sideboarded vessels or the five sideboarded LLP licenses, and these 
vessels and LLP licenses will still be subject to a CR Program Pacific 
cod sideboard limit if they are used in the Eastern GOA.

Changes From the Proposed Rule

    NMFS made no changes from the proposed to final rule.

OMB Revisions to Paperwork Reduction Act References in 15 CFR 902.1(b)

    Section 3507(c)(B)(i) of the PRA requires that agencies inventory 
and display a current control number assigned by the Director, OMB, for 
each agency information collection. Section 902.1(b) identifies the 
location of NOAA regulations for which OMB approval numbers have been 
issued. Because this final rule revises and adds data elements within a 
collection-of-information for recordkeeping and reporting requirements, 
15 CFR 902.1(b) is revised to reference correctly the sections 
resulting from this final rule.

Comment and Response

    During the public comment periods for the Notice of Availability 
for Amendment 45 and the proposed rule to implement Amendment 45, NMFS 
received one comment letter that did not support Amendment 45 and the 
proposed rule. A summary of the comment received and NMFS' response 
follows.
    Comment: Amendment 45 is not consistent with National Standard 1 of 
the Magnuson-Stevens Act because it does not prevent overfishing while 
achieving the optimum yield of fish stocks. Under Amendment 45, 
industry participants would utilize self-regulation and private 
contractual agreements to limit GOA Pacific cod harvests if all 
operations consent to eliminating GOA Pacific cod sideboard limits. 
This self-regulation would lead to overfishing because industry 
participants do not have sufficient biological information to establish 
sustainable catch limits. Furthermore, individual fishing operations 
have a significant economic incentive to agree to eliminate the Pacific 
cod sideboard catch limits and then engage in overfishing in order to 
increase fishing revenue.
    Response: NMFS has determined that Amendment 45 and this final rule 
are consistent with the Magnuson-Stevens Act, the Crab FMP, and other 
applicable law. Under Amendment 45 and this final rule, the Council and 
NMFS will continue to manage the Pacific cod fisheries in the GOA to 
prevent overfishing while achieving, on a continuing basis, the optimum 
yield from each fishery, consistent with National Standard 1 of the 
Magnuson-Stevens Act and the GOA FMP. Section 3.2.1 of the GOA FMP 
defines the OFL as the level above which overfishing is occurring for a 
species or species group. NMFS manages fisheries in an effort to ensure 
that no OFLs are exceeded in any year. Section 3.2.4.3 of the GOA FMP 
clarifies that if catch is approaching an OFL, NMFS will prevent 
overfishing by closing specific fisheries identified by gear and area 
that incur the greatest catch. Closures expand to other fisheries if 
the rate of take is not sufficiently slowed. Regulations at Sec.  
679.20(d)(1), (d)(2), and (d)(3) define the process NMFS uses to limit 
or prohibit fishing to prevent overfishing and maintain total catch at 
or below the OFL.
    Amendment 45 and this final rule establish a process for NMFS to 
remove GOA Pacific cod sideboard limits. The GOA Pacific cod sideboard 
limits are an additional level of harvest limits within the GOA Pacific 
cod sector allocations. Removal of sideboard limits does not mean the 
GOA Pacific cod fisheries will not have a harvest limit. The proposed 
rule preamble and sections 1.5.2 and 3.2 of the Analysis describe that 
Pacific cod OFLs, ABCs, TACs, and sector allocations will continue to 
be established through the annual GOA harvest specifications process. 
Amendment 45 and this final rule do not change or otherwise supersede 
that process. NMFS will continue to manage Pacific cod in the GOA by 
limiting harvests to the established TACs and sector allocations as 
specified in regulations at Sec.  679.20. Therefore, this final rule 
does not increase the likelihood that an OFL, ABC, TAC, or sector catch 
limit will be exceeded. A detailed description of the annual harvest 
specification process is provided in the Harvest Specifications SIR 
prepared for the final 2015 and 2016 harvest specifications and the 
Alaska Groundfish Harvest Specifications EIS (see ADDRESSES).
    The Council determined, and NMFS agrees, that Amendment 45 and this 
final rule are necessary to provide participants in the Central and 
Western GOA hook-and-line catcher/processor sectors with an opportunity 
to cooperatively coordinate harvests of Pacific cod through private 
arrangement to the participants' mutual benefit, which would remove the 
need for sideboard limits in these regulatory areas. The preamble to 
the proposed rule (79 FR 36702, June 30, 2014) and section 1.4 of the 
Analysis describe that Amendment 45 and this final rule are intended to 
balance the Council's competing objectives: (1) To relieve the CR 
Program GOA Pacific cod sideboard limits for some vessels and LLP 
licenses that benefitted from allocations under the CR program, and (2) 
to protect the

[[Page 28543]]

GOA-only participants from adverse impacts that may result from removal 
of those sideboard limits.

Classification

    The Administrator, Alaska Region, NMFS, determined that Amendment 
45 to the Crab FMP is necessary for the conservation and management of 
the GOA groundfish fishery and that it is consistent with the Crab FMP, 
GOA FMP, the Magnuson-Stevens Act, and other applicable laws.

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 (FRFA), 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 preamble to the proposed rule and this 
final rule serve as the small entity compliance guide. This action does 
not require any additional compliance from small entities that is not 
described in the preambles. Copies of this final rule are available 
from NMFS at the following Web site: https://alaskafisheries.noaa.gov.

Executive Order 12866

    This rule has been determined to be not significant for purposes of 
Executive Order 12866.

Final Regulatory Flexibility Analysis

    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 final regulatory flexibility analysis.
    Section 604 describes the contents of a FRFA: (1) A statement of 
the need for, and objectives of, the rule; (2) a statement of the 
significant issues raised by the public comments in response to the 
initial regulatory flexibility analysis, a statement of the assessment 
of the agency of such issues, and a statement of any changes made in 
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 in response to the proposed rule, and a 
detailed statement of any change made to the proposed rule in the 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 which 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 the 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.
    The ``universe'' of entities to be considered in a FRFA generally 
includes only those small entities that can reasonably be expected to 
be directly regulated by the final rule. If the effects of the rule 
fall primarily on a distinct segment of the industry, or portion 
thereof (e.g., user group, gear type, geographic area), that segment 
would be considered the universe for purposes of this analysis.
    The Small Business Administration (SBA) has established size 
standards for all major industry sectors in the U.S., including 
commercial finfish harvesters (NAICS code 114111), commercial shellfish 
harvesters (NAICS code 114112), other commercial marine harvesters 
(NAICS code 114119), for-hire businesses (NAICS code 487210), marinas 
(NAICS code 713930), seafood dealers/wholesalers (NAICS code 424460), 
and seafood processors (NAICS code 311710). A business primarily 
involved in finfish harvesting 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 gross 
receipts not in excess of $20.5 million, for all its affiliated 
operations worldwide. For commercial shellfish harvesters, the same 
qualifiers apply, except the combined annual gross receipts threshold 
is $5.5 million. For other commercial marine harvesters, for-hire 
fishing businesses, and marinas, the same qualifiers apply, except the 
combined annual gross receipts threshold is $7.5 million.
    A business primarily involved in seafood processing 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 employment, counting all individuals employed on a 
full-time, part-time, or other basis, not in excess of 500 employees 
for all its affiliated operations worldwide. For seafood dealers/
wholesalers, the same qualifiers apply, except the employment threshold 
is 100 employees. In determining a concern's number of employees, SBA 
counts all individuals employed on a full-time, part-time, or other 
basis. This includes employees obtained from a temporary employee 
agency, professional employee organization or leasing concern. SBA will 
consider the totality of the circumstances, including criteria used by 
the Internal Revenue Service (IRS) for Federal income tax purposes, in 
determining whether individuals are employees of a concern. Volunteers 
(i.e., individuals who receive no compensation, including no in-kind 
compensation, for work performed) are not considered employees. Where 
the size standard is number of employees, the method for determining a 
concern's size includes the following principles: (1) The average 
number of employees of the concern used (including the employees of its 
domestic and foreign affiliates) based upon numbers of employees for 
each of the pay periods for the preceding completed 12 calendar months; 
(2) part-time and temporary employees are counted the same as full-time 
employees.

Need for and Objectives of This Action

    A statement of the need for, and objectives of, the rule is 
contained in the preamble to this final rule and is not repeated here.

Summary of Significant Issues Raised During Public Comment

    NMFS published a proposed rule on February 12, 2015 (80 FR 7817). 
An initial regulatory flexibility analysis (IRFA) was prepared and 
summarized in the ``Classification'' section of the preamble to the 
proposed rule. The comment period closed on March 16, 2015. NMFS 
received one letter of public comment on the proposed rule. This 
comment letter did not address the IRFA or the economic impacts of the 
rule generally. The Chief Counsel for Advocacy of the SBA did not file 
any comments on the proposed rule.

Number and Description of Small Entities Regulated by This Action

    This action would directly regulate eight entities. These eight 
entities include the owners of the eight vessels,

[[Page 28544]]

and the holders of the five LLP licenses currently subject to CR 
Program GOA Pacific cod sideboard limits in the Central and Western GOA 
hook-and-line catcher/processor sectors. The owners of the eight 
vessels and holders of the five LLP licenses directly regulated by this 
action are affiliated through their membership in the Freezer Longline 
Conservation Cooperative (FLCC). The FLCC represents LLP holders and 
the owners and operators of vessels that participate in the Pacific cod 
hook-and-line catcher/processor sector in the Federal waters of the 
BSAI. The FLCC is comprised of businesses that are engaged in the 
harvesting and processing of finfish. The annual revenue of members of 
the FLCC has exceeded $130 million per year since its formation, and 
$172 million in 2012, the most recent year of available revenue data 
(see Table 1-14 in Section 1.6 of the Analysis for additional detail). 
Members of the FLCC are not considered small entities because the 
annual revenue of the cooperative exceeds the size standards for small 
entities.
    Three entities hold LLP licenses and own vessels that operate only 
in the GOA as hook-and-line catcher/processors. These three entities 
are not directly regulated by the CR Program GOA Pacific cod sideboard 
limits, and are not members of the FLCC. One entity owns a vessel named 
on an LLP license with Central GOA Pacific cod hook-and-line catcher/
processor endorsements; the other two entities each own a vessel named 
on LLP licenses with Western GOA Pacific cod hook-and-line catcher/
processor endorsements. These three entities are not directly regulated 
by this action because this action would not impose regulations on 
these vessels or the associated LLP licenses, or relieve them from 
regulation. These three entities may voluntarily choose to submit a 
request for removal of the sideboard limits under this action, but are 
not required to do so.

Reporting, Recordkeeping, and Other Compliance Requirements

    The reporting, recordkeeping, and other compliance requirements 
will increase slightly under the action if eligible participants in the 
Central or Western GOA agree to submit an affidavit to NMFS requesting 
removal of the CR Program GOA sideboard limits. The reporting, 
recordkeeping, and other compliance requirements will not change under 
the action if eligible participants in the Central or Western GOA do 
not submit an affidavit to NMFS requesting removal of the CR Program 
GOA sideboard limits.

Description of Significant Alternatives That Minimize Adverse Impacts 
on Small Entities

    A FRFA also requires a description of the steps the agency has 
taken to minimize the significant 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 (Alternative 2 as modified by Option 1, described below) 
adopted in the final rule and why each of the other significant 
alternatives to the rule considered by the agency that affect the 
economic impact on small entities was rejected. The suite of potential 
actions includes two alternatives, one associated option, and one 
associated suboption. A detailed description of these alternatives and 
options is provided in section 1.6 of the Analysis prepared for this 
action.
    The Council considered two alternatives for this action. 
Alternative 1 is the status quo, which does not meet the objectives of 
the action. Alternative 2 would remove the CR Program GOA Pacific cod 
sideboard limits in either the Central GOA, Western GOA, or both 
regulatory areas. As part of Alternative 2, the Council and NMFS also 
considered an option and a suboption for removing the CR Program GOA 
Pacific cod sideboard limits. The option (i.e., this action) removes 
the CR Program GOA Pacific cod sideboard limits for the hook-and-line 
catcher/processor sector permanently if certain conditions are met by a 
specified date. The sub-option would have suspended the CR Program GOA 
Pacific cod sideboard limits for the hook-and-line catcher/processor 
sector on an annual basis if certain conditions are met annually.
    The option requires all hook-and-line catcher/processor LLP license 
holders that are authorized to target Pacific cod in the Central or 
Western GOA (i.e., eligible participants) to submit a form to NMFS 
requesting the permanent removal of the GOA Pacific cod sideboard limit 
in that regulatory area on a one-time basis. The option also requires 
the request to be submitted within one year of the date of publication 
in the Federal Register of the final rule implementing Amendment 45, if 
approved by the Secretary.
    The sub-option would have required all eligible participants to 
annually submit a form to NMFS requesting removal of the GOA Pacific 
cod sideboard limit in that regulatory area for the upcoming fishing 
year. Under the sub-option, if the annual form is not received by NFMS, 
the sideboard limits would not be removed for the following fishing 
year (i.e., January 1 through December 31).
    This action implements Alternative 2 with the option to permanently 
remove the CR Program GOA sideboard limits if each eligible participant 
in a regulatory area submits to NMFS a form requesting removal and 
provides that form to NMFS within the required timeline. The Council 
rejected the sub-option because the annual suspension of sideboards 
could create uncertainty for participants, result in additional 
administrative burden and costs, and potentially create management 
instability. Although this action does not directly regulate small 
entities, the preferred alternative is the only alternative in the 
suite of options and alternatives considered that reduces the burden on 
directly regulated entities and best meets the purpose and need for 
this action.

Collection-of-Information Requirements

    This rule contains a collection-of-information requirement subject 
to the Paperwork Reduction Act (PRA) and which has been approved by 
Office of Management and Budget (OMB) under control number 0648-0334. 
Public reporting burden for the Request to Extinguish Pacific Cod 
Sideboard Limits for Hook-and-Line Catcher/Processors in the Western or 
Central GOA is estimated to average 30 minutes per individual response, 
including the time for reviewing instructions, searching existing data 
sources, gathering and maintaining the data needed, and completing and 
reviewing the collection of information.
    Send comments on this burden estimate or any other aspect of this 
data collection, including suggestions for reducing the burden, to NMFS 
(see ADDRESSES), and by email to OIRA_Submission@omb.eop.gov, or fax to 
202-395-5806.
    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. All currently approved NOAA 
collections of information may be viewed at: https://www.cio.noaa.gov/services_programs/prasubs.html.

[[Page 28545]]

List of Subjects

15 CFR Part 902

    Reporting and recordkeeping requirements.

50 CFR Part 680

    Alaska, Fisheries, Reporting and recordkeeping requirements.

    Dated: May 11, 2015.
Samuel D. Rauch III,
Deputy Assistant Administrator for Regulatory Programs, National Marine 
Fisheries Service.
    For the reasons set out in the preamble, NMFS amends 15 CFR part 
902 and 50 CFR part 680 as follows:

Title 15--Commerce and Foreign Trade

PART 902--NOAA INFORMATION COLLECTION REQUIREMENTS UNDER THE 
PAPERWORK REDUCTION ACT: OMB CONTROL NUMBERS

0
1. The authority citation for part 902 continues to read as follows:

    Authority: 44 U.S.C. 3501 et seq.


0
2. In Sec.  902.1, in the table in paragraph (b), under the entry ``50 
CFR'',add an entry in alphanumeric order for ``680.22'' to read as 
follows:


Sec.  902.1  OMB control numbers assigned pursuant to the Paperwork 
Reduction Act.

* * * * *
    (b) * * *

 
------------------------------------------------------------------------
                                                          Current OMB
CFR part or section where the information  collection  Control No.  (all
                requirement is located                   numbers begin
                                                          with 0648-)
------------------------------------------------------------------------
 
                                * * * * *
50 CFR:
 
                                * * * * *
680.22...............................................              -0334
 
                                * * * * *
------------------------------------------------------------------------

Title 50--Wildlife and Fisheries

PART 680--SHELLFISH FISHERIES OF THE EXCLUSIVE ECONOMIC ZONE OFF 
ALASKA

0
3. The authority citation for part 680 continues to read as follows:

    Authority:  16 U.S.C. 1862; Pub. L. 109-241; Pub. L. 109-479.


0
4. In Sec.  680.22, revise paragraph (e) heading and introductory text, 
and paragraph (e)(1) to read as follows:


Sec.  680.22  Sideboard protections for GOA groundfish fisheries.

* * * * *
    (e) Conversion of sideboard ratios into annual sideboard harvest 
limits. NMFS will convert sideboard ratios into annual sideboard 
harvest limits according to the following procedures.
    (1) Annual sideboard harvest limits. (i) Except as provided in 
paragraph (e)(1)(ii) of this section, annual sideboard harvest limits 
for each groundfish species, except fixed-gear sablefish, will be 
established by multiplying the sideboard ratios calculated under 
paragraph (d) of this section by the proposed and final TACs in each 
area for which a TAC is specified. If a TAC is further apportioned by 
season, the sideboard harvest limit also will be apportioned by season 
in the same ratio as the overall TAC. The resulting harvest limits 
expressed in metric tons will be published in the annual GOA groundfish 
harvest specification notices.
    (ii) NMFS will not establish an annual sideboard harvest limit for 
Pacific cod for vessels that catch and process Pacific cod using hook-
and-line gear in the Central GOA Regulatory Area if all eligible 
participants request that the sideboard harvest limit be removed in 
accordance with the requirements of paragraph (e)(1)(ii)(A) of this 
section. NMFS will not establish an annual sideboard harvest limit for 
Pacific cod for vessels that catch and process Pacific cod using hook-
and-line gear in the Western GOA Regulatory Area if all eligible 
participants request that the sideboard harvest limit be removed in 
accordance with the requirements of paragraph (e)(1)(ii)(B) of this 
section. NMFS will publish notification of the removal of the sideboard 
harvest limit for Pacific cod for vessels that catch and process 
Pacific cod using hook-and-line gear in the Central GOA Regulatory Area 
or the Western GOA Regulatory Area through the annual GOA groundfish 
harvest specifications (see Sec.  679.20(c)(1)(iii) and (c)(3)(ii)).
    (A) Central GOA. For the Central GOA Regulatory Area (Statistical 
Areas 620 and 630; see Figure 3 to 50 CFR part 679), the holders of all 
LLP licenses listed in Column A of Table 10 to this part must submit to 
NMFS a completed Request to Extinguish Pacific Cod Sideboard Limits for 
Hook-and-Line Catcher/Processors in the Western or Central GOA, and the 
request must be received by NMFS on or before May 18, 2016.
    (B) Western GOA. For the Western GOA Regulatory Area (Statistical 
Area 610; see Figure 3 to 50 CFR part 679), the holders of all LLP 
licenses listed in Column B of Table 10 to this part must submit to 
NMFS a completed Request to Extinguish Pacific Cod Sideboard Limits for 
Hook-and-Line Catcher/Processors in the Western or Central GOA, and the 
request must be received by NMFS on or before May 18, 2016.
* * * * *

0
5. Add Table 10 to part 680 to read as follows:

  Table 10 to Part 680--License Limitation Program License Numbers That
  Authorize the Owners and Operators of Catcher/Processors to Directed
   Fish for Pacific Cod With Hook-and-Line Gear in the Central Gulf of
   Alaska Regulatory Area (Column A) and in the Western Gulf of Alaska
                       Regulatory Area (Column B)
------------------------------------------------------------------------
                 Column A:                            Column B:
------------------------------------------------------------------------
LLG1125...................................  LLG1400.
LLG1128...................................  LLG1401.
LLG1400...................................  LLG1576.
LLG1576...................................  LLG1578.
LLG1713...................................  LLG1785.
LLG1785...................................  LLG1916.
LLG1916...................................  LLG1917.
LLG1917...................................  LLG2026.
LLG1989...................................  LLG2081.
LLG2081...................................  LLG2112.
LLG2112...................................  LLG2892.
LLG2238...................................  LLG2935.
LLG2705...................................  LLG3090.
LLG2783...................................  LLG3602.
LLG2892...................................  LLG3617.
LLG2958...................................  LLG3676.
LLG3609...................................  LLG4004.
LLG3616...................................  LLG4823.
LLG3617.
LLG3676.
LLG3681.
LLG3973.
LLG4823.
------------------------------------------------------------------------

[FR Doc. 2015-12066 Filed 5-18-15; 8:45 am]
 BILLING CODE 3510-22-P