Fisheries of the Exclusive Economic Zone Off Alaska; Western Alaska Community Development Quota Program, 6489-6500 [2016-02319]
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Federal Register / Vol. 81, No. 25 / Monday, February 8, 2016 / Proposed Rules
means to reduce evaluated bid prices in
competitive source selections in a
uniform manner that is consistent with
the objective of making IR&D an
allowable cost.
List of Subjects in 48 CFR Parts 215 and
252
Government procurement.
Jennifer L. Hawes,
Editor, Defense Acquisition Regulations
System.
[FR Doc. 2016–02396 Filed 2–5–16; 8:45 am]
BILLING CODE 5001–06–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Parts 216 and 300
RIN 0648–AX63
Trade Monitoring Procedures for
Fishery Products; International Trade
in Seafood; Permit Requirements for
Importers and Exporters; Public
Meeting
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Notice of public meeting.
AGENCY:
The National Marine
Fisheries Service will hold a public
webinar to present details of a
previously issued proposed rule (which
published December 29, 2015) for
electronic filing of seafood trade
documents and will allow time for
questions from the public.
DATES: The meeting will be held
Wednesday, September, 17, 2016, from
3 p.m. until 4 p.m. eastern standard
time. Written comments on the
proposed rule (December 29, 2015; 80
FR 81251) must be received by February
29, 2016.
ADDRESSES: For information about
connecting and system requirements to
attend the webinar, visit: https://
www.nmfs.noaa.gov/ia/slider_stories/
2015/12/itds_proposed_rule.html.
Participants are encouraged to use their
telephone for the audio portion of the
meeting. Instructions for audio access
will be on the Web page referenced
above and will be shown on the screen
before joining the webinar.
Public comment on the proposed rule
should be submitted by February 29,
2016 through www.regulations.gov by
accessing docket NOAA–NMFS–2009–
0124.
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SUMMARY:
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FOR FURTHER INFORMATION CONTACT:
Mark Wildman, Office of International
Affairs and Seafood Inspection;
telephone: (301) 427–8350.
SUPPLEMENTARY INFORMATION: On
December 29, 2015, NMFS published a
proposed rule (80 FR 81251) to integrate
three currently paper-based seafood
trade monitoring programs within the
scope of electronic data collection
through the U.S. government-wide
International Trade Data System.
Background information on the
proposed rule is provided at: https://
www.regulations.gov/
#!docketDetail;D=NOAA-NMFS-20090124. The purpose of the meeting is to
inform the public of the proposed
requirements for filing entries and
exports within the International Trade
Data System. Following the presentation
of the proposed rule, a question and
answer session will be accommodated
as time allows. Public comment on the
proposed rule should be submitted by
February 29, 2016 through
www.regulations.gov by accessing
docket NOAA–NMFS–2009–0124.
Special Accommodations
The meeting is physically accessible
to people with disabilities. Requests for
sign language interpretation or other
auxiliary aids should be directed to
Mark Wildman at (301) 427–8350 at
least 5 days prior to the meeting date.
Dated: February 2, 2016.
Steven Wilson,
Acting Director, Office for International
Affairs and Seafood Inspection, National
Marine Fisheries Service.
[FR Doc. 2016–02418 Filed 2–5–16; 8:45 am]
BILLING CODE 3510–22–P
DEPARTMENT OF COMMERCE
6489
to the Fishery Management Plan for
Groundfish of the Bering Sea and
Aleutian Islands Management Area
(FMP). If approved, this proposed rule
would amend regulations governing the
Western Alaska Community
Development Quota (CDQ) Program to
support increased participation in the
groundfish CDQ fisheries (primarily
Pacific cod) by catcher vessels less than
or equal to 46 feet (ft) (14.0 meters (m))
length overall (LOA) using hook-andline gear. Specifically, this proposed
rule would exempt operators of
registered catcher vessels greater than
32 ft (9.8 m) LOA and less than or equal
to 46 ft LOA using hook-and-line gear
from the requirement to obtain and
carry a License Limitation Program
license when groundfish CDQ fishing.
The proposed rule also would reduce
observer coverage requirements for
catcher vessels less than or equal to 46
ft LOA when groundfish CDQ fishing,
and implement new in-season
management and catch accounting
requirements to properly account for the
harvest of groundfish and halibut and
the accrual of halibut prohibited species
catch in these fisheries. In addition to
the proposed regulations necessary to
implement Amendment 109, NMFS
proposes to remove a table in the
regulations because it is no longer
necessary. This action is intended to
facilitate increased participation by
residents of CDQ communities in the
groundfish fisheries in the Bering Sea
and Aleutian Islands Management Area,
and to support economic development
in western Alaska. This action is
necessary to promote the goals of the
CDQ Program, and to promote the goals
and objectives of the FMP, the
Magnuson-Stevens Fishery
Conservation and Management Act, and
other applicable laws.
National Oceanic and Atmospheric
Administration
DATES:
50 CFR Part 679
ADDRESSES:
[Docket No. 150430410–6046–01]
RIN 0648–BF05
Fisheries of the Exclusive Economic
Zone Off Alaska; Western Alaska
Community Development Quota
Program
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Proposed rule; request for
comments.
AGENCY:
NMFS issues a proposed rule
that would implement Amendment 109
SUMMARY:
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Submit comments on or before
March 9, 2016.
You may submit comments
on this document, identified by NOAA–
NMFS–2015–0060, by any of the
following methods:
• Electronic Submission: Submit all
electronic public comments via the
Federal eRulemaking Portal. Go to
www.regulations.gov/
#!docketDetail;D=NOAA-NMFS-20150060, click the ‘‘Comment Now!’’ icon,
complete the required fields, and enter
or attach your comments.
• Mail: Submit written comments to
Glenn Merrill, Assistant Regional
Administrator, Sustainable Fisheries
Division, Alaska Region NMFS, Attn:
Ellen Sebastian. Mail comments to P.O.
Box 21668, Juneau, AK 99802–1668.
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Federal Register / Vol. 81, No. 25 / Monday, February 8, 2016 / Proposed Rules
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 www.regulations.gov
without change. All personal identifying
information (e.g., name, address),
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 the Regulatory
Impact Review/Initial Regulatory
Flexibility Analysis/Environmental
Assessment (RIR/IRFA/EA) prepared for
this action (collectively the ‘‘Analysis’’)
is available from https://
www.regulations.gov or from the NMFS
Alaska Region Web site at https://
alaskafisheries.noaa.gov.
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 Alaska
Region, P.O. Box 21668, Juneau, AK
99802, Attn: Ellen Sebastian, Records
Officer; in person at NMFS Alaska
Region, 709 West 9th Street, Room
420A, Juneau, AK; and by email to
OIRA_Submission@omb.eop.gov or
faxed to 202–395–5806.
FOR FURTHER INFORMATION CONTACT:
Sally Bibb, 907–586–7389.
SUPPLEMENTARY INFORMATION:
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Authority for Action
NMFS manages the groundfish
fisheries of the Bering Sea and Aleutian
Islands management area (BSAI) under
the Fishery Management Plan for
Groundfish of the Bering Sea and
Aleutian Islands Management Area
(FMP). The North Pacific Fishery
Management Council (Council)
prepared the FMP pursuant to the
Magnuson-Stevens Fishery
Conservation and Management Act
(Magnuson-Stevens Act) (16 U.S.C.
1801, et seq.). Regulations governing
U.S. fisheries and implementing the
FMP appear at 50 CFR parts 600 and
679.
The International Pacific Halibut
Commission (IPHC) and NMFS manage
fishing for Pacific halibut through
regulations established under the
authority of the Northern Pacific Halibut
Act of 1982 (Halibut Act). The IPHC
promulgates regulations governing the
halibut fishery under the Convention
between the United States and Canada
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for the Preservation of the Halibut
Fishery of the Northern Pacific Ocean
and Bering Sea (Convention). The
IPHC’s regulations are subject to
approval by the Secretary of State with
concurrence of the Secretary of
Commerce (Secretary). NMFS publishes
the IPHC’s regulations as annual
management measures pursuant to 50
CFR 300.62.
The Halibut Act, at sections 773c(a)
and (b), provides the Secretary with
general responsibility to carry out the
Convention and the Halibut Act. In
adopting regulations that may be
necessary to carry out the purposes and
objectives of the Convention and the
Halibut Act, the Secretary is directed to
consult with the Secretary of the
department in which the U.S. Coast
Guard is operating, currently the
Department of Homeland Security.
The Halibut Act, at section 773c(c),
also provides the Council with authority
to develop regulations, including
limited access regulations, that are in
addition to, and not in conflict with,
approved IPHC regulations. Regulations
developed by the Council may be
implemented by NMFS only after
approval by the Secretary. The Council
exercised this authority to allocate
halibut to the CDQ Program as part of
the Individual Fishing Quota (IFQ)
Program for the commercial halibut and
sablefish fisheries, codified at 50 CFR
part 679, under the authority of section
773 of the Halibut Act and section
303(b) of the Magnuson-Stevens Act (16
U.S.C. 1853(b)).
The Council submitted Amendment
109 for review by the Secretary, and a
notice of availability of Amendment 109
was published in the Federal Register
on January 20, 2016, with comments
invited through March 21, 2016.
Comments may address Amendment
109 or this proposed rule, but must be
received by March 21, 2016 to be
considered in the approval/disapproval
decision on Amendment 109. All
comments received by that date,
whether specifically directed to
Amendment 109, or to this proposed
rule, will be considered in the approval/
disapproval decision on Amendment
109.
Background
If approved, this proposed rule would
amend regulations governing the CDQ
Program to support increased
participation in the groundfish CDQ
fisheries (primarily Pacific cod) by
catcher vessels less than or equal to 46
ft LOA using hook-and-line gear. The
proposed rule would exempt operators
of registered catcher vessels greater than
32 ft LOA and less than or equal to 46
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ft LOA using hook-and-line gear to
obtain and carry a License Limitation
Program (LLP) license when groundfish
CDQ fishing. This proposed rule also
would reduce observer coverage
requirements for catcher vessels less
than or equal to 46 ft LOA when
groundfish CDQ fishing and implement
new in-season management and catch
accounting requirements to properly
account for the harvest of groundfish
and halibut and the accrual of halibut
prohibited species catch in these
fisheries. This proposed rule is intended
to facilitate increased participation by
residents of CDQ communities in the
BSAI groundfish CDQ fisheries and to
support economic development in
western Alaska. The proposed rule
would benefit the six CDQ groups and
the operators of the small hook-and-line
catcher vessels that the CDQ groups
authorize to fish on their behalf by
reducing the costs of participating in the
groundfish CDQ fisheries.
The following sections describe the
fisheries and the current management
programs affected by the proposed
action: (1) Overview of the CDQ
Program, (2) Regulatory Constraints on
Local Small-Scale Groundfish CDQ
Fisheries, (3) Need for the Proposed
Action, and (4) The Proposed Rule.
Overview of the CDQ Program
The CDQ Program is an economic
development program associated with
federally managed fisheries in the BSAI.
The purpose of the CDQ Program is to
provide western Alaska communities
with the opportunity to participate and
invest in BSAI fisheries, to support
economic development in western
Alaska, to alleviate poverty and provide
economic and social benefits for
residents of western Alaska, and to
achieve sustainable and diversified local
economies in western Alaska.
Regulations establishing the CDQ
Program were first implemented in
1992. Congress amended the MagnusonStevens Act in 1996 through the
Sustainable Fisheries Act (Pub. L. 104–
297) to include specific provisions
governing the CDQ Program. There are
65 communities eligible to participate in
the CDQ Program. Each community is
represented by one of six CDQ groups.
The 65 eligible communities and the
CDQ groups that collectively represent
these 65 communities are identified in
the Magnuson-Stevens Act at section
305(i)(1)(D) and in Table 7 to 50 CFR
part 679.
CDQ Program Halibut and Groundfish
Fisheries
The CDQ Program is a catch share
program that allocates a portion of the
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BSAI total allowable catch (TAC) for
specific crab and groundfish species, a
portion of the commercial catch limits
assigned by the IPHC, and portions of
certain prohibited species catch (PSC)
limits to the CDQ Program. These
amounts are then further allocated
among the six CDQ groups as
allocations that may be transferred
among the CDQ groups (with the
exception of Chinook salmon prohibited
species quota (PSQ), which may be
transferred to other authorized
American Fisheries Act entities). The
Magnuson-Stevens Act requires
allocations to the CDQ Program of
specific percentages of the ‘‘total
allowable catch, guideline harvest level,
or other annual catch limit . . . in each
directed fishery’’ of the BSAI annual
catch limits (section 305(i)(1)(B)). The
Magnuson-Stevens Act also specifies the
percentage allocations among the six
CDQ groups (section 305(i)(1)(C)).
The CDQ Program allocates crab,
groundfish, and halibut for harvest by
the CDQ groups. The groundfish species
allocated to the CDQ Program are
pollock, Pacific cod, sablefish, yellowfin
sole, Greenland turbot, arrowtooth
flounder, rock sole, flathead sole, Pacific
ocean perch, and Atka mackerel. A
complete list of the amount of
groundfish allocated to the CDQ
Program can be found in the 2015 and
2016 annual harvest specifications final
rule (80 FR 11919, March 5, 2015). The
2015 apportionments of crab,
groundfish, and halibut to each CDQ
group are listed in the annual CDQ
Program allocation report at https://
www.alaskafisheries.noaa.gov/cdq/
allocations/annualmatrix2015.pdf.
One of the most effective ways the
CDQ groups can meet the purposes of
the CDQ Program is to use the CDQ
allocations to create local small-scale
commercial fisheries. Local small-scale
CDQ fisheries directly provide
opportunities for residents of the CDQ
communities to earn income from the
sale of the commercially harvested fish.
Residents of CDQ communities
participate almost exclusively in local
small-scale fisheries. For purposes of
this preamble, ‘‘local small-scale’’
means CDQ fisheries prosecuted by
catcher vessels that are less than or
equal to 46 ft LOA, using hook-and-line
gear, and homeported or operated from
CDQ communities. Catcher vessels less
than or equal to 46 ft LOA are
commonly used in the CDQ halibut
fishery as described later in this
preamble.
Not all species can be easily or readily
harvested in local small-scale fisheries.
Many groundfish and crab species are
only effectively harvested in large
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industrial-scale fisheries due to the gear
required (e.g., trawl gear is required to
effectively harvest pollock and most
flatfish species; pot gear is required to
effectively harvest crab) or due to the
great distance of the fishery from most
of the CDQ communities (e.g., Atka
mackerel and Pacific ocean perch are
primarily harvested in the Aleutian
Islands at substantial distance from
most CDQ communities).
Two species that are allocated to CDQ
groups and that have been effectively
harvested in local small-scale fisheries
in the BSAI are halibut and Pacific cod.
Both halibut and Pacific cod can be
effectively harvested by small vessels
using hook-and-line gear. Residents of
CDQ communities commonly use hookand-line gear because it is relatively
inexpensive to purchase and maintain
relative to other gear types such as trawl
and pot gear, and can be operated on
small vessels.
Currently, the majority of the local
small-scale CDQ fisheries involve the
harvest of the halibut CDQ allocations.
By IPHC regulation, halibut must be
harvested by hook-and-line gear. The
halibut CDQ allocations typically are
harvested by catcher vessels less than or
equal to 46 ft LOA (14.0 m) using hookand-line gear. As shown in Table 3–11
of the Analysis, the halibut CDQ fishing
fleet ranged from 215 to 246 vessels
from 2009 through 2013. Table 3–13 in
the Analysis shows that in 2012 (the
most recent year of complete data in the
Analysis on the length of vessels
harvesting halibut CDQ), 217 of the 239
catcher vessels fishing for halibut CDQ
were less than or equal to 32 ft LOA, 9
were from 33 ft (10.1 m) LOA to 46 ft
LOA, and only 13 vessels were greater
than 46 ft LOA.
In recent years, the exploitable
biomass of halibut in the BSAI has
declined, particularly over the last four
years. This has resulted in a declining
halibut CDQ allocation as well. For
example, the total halibut CDQ
allocations were 2,128,000 pounds in
2011 and 797,080 pounds in 2015. The
decrease in halibut CDQ allocations has
resulted in decreasing opportunities for
residents of CDQ communities to earn
income important to themselves and
their local economies. More information
about the status of the halibut stock and
halibut CDQ fisheries is in Sections 3.7
and 5.2 of the Analysis.
Pacific cod is an economically
valuable groundfish species. It is
valuable both to participants in the CDQ
Program and to those harvesting Pacific
cod outside of the CDQ Program (i.e.,
participants in the non-CDQ fisheries).
Pacific cod stocks have increased in
abundance over the same period that
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halibut stocks have declined in
abundance. In the BSAI, the overfishing
level, acceptable biological catch, and
subsequent TAC for Pacific cod have
generally increased over the past 5
years. As of 2015, Pacific cod
abundance is currently higher than at
any time since 1995. The Pacific cod
biomass is projected to maintain its
relatively high abundance or possibly
increase in 2016 and future years. More
information about Pacific cod and the
Pacific cod CDQ fisheries is in Section
3.6 and Section 5.1 of the Analysis.
In the non-CDQ Pacific cod fisheries,
small hook-and-line catcher vessels
have demonstrated an ability to harvest
Pacific cod in the BSAI. For example, in
2014, five hook-and-line catcher vessels
less than 60 ft (18.3 m) LOA harvested
over 2,000 mt of Pacific cod in the nonCDQ Pacific cod fisheries in the Bering
Sea (BS). (See Section 3.6.2 of the
Analysis for additional detail on the
non-CDQ Pacific cod fisheries.)
However, small catcher vessels have
demonstrated very little current
participation in the Pacific cod CDQ
fisheries. As shown in Table 3–13 of the
Analysis, of the approximately 240
catcher vessels fishing for halibut CDQ
in 2012, only four of these catcher
vessels harvested Pacific cod, and the
amount harvested was very small (2 mt).
Instead, the CDQ groups harvest most of
their Pacific cod CDQ allocations with
catcher/processors greater than 60 ft
LOA using hook-and-line gear. These
larger vessels can more efficiently
harvest the CDQ allocations, can fish in
the times and areas when and where
Pacific cod are available, and can absorb
the costs of the fisheries management
and catch monitoring requirements
associated with these fisheries. In
addition, many of the CDQ groups own
a portion of one or more hook-and-line
catcher/processors, so in addition to
receiving royalties for the lease of the
Pacific cod CDQ, the CDQ group also
earns a share of the profits from the
catcher/processors. Finally, and most
importantly for this proposed rule, there
are regulatory constraints that limit the
use of small catcher vessels in the
groundfish CDQ fisheries. These
constraints are described in more detail
in the ‘‘LLP Requirements in the CDQ
Fisheries’’ and ‘‘Observer Coverage
Requirements in the CDQ Groundfish
and Halibut Fisheries’’ sections of the
preamble.
CDQ Program Prohibited Species Catch
(PSC) Limits
In addition to allocations of
groundfish, halibut, and crab for
harvest, the CDQ groups also receive
annual allocations of certain BSAI PSC
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limits to account for the catch of those
prohibited species in the groundfish
CDQ fisheries. Prohibited species may
be caught by a vessel when fishing for
groundfish in the BSAI. A PSC limit is
an apportioned, non-retainable amount
of fish or crab provided to a groundfish
fishery to limit the bycatch of that
prohibited species in that particular
groundfish fishery.
The CDQ Program receives annual
allocations of the BSAI PSC limits for
halibut, Chinook salmon, non-Chinook
salmon, red king crab, Chionoecetes (C.)
opilio crab, and C. bairdi crab. The
annual allocation of a portion of a PSC
limit to the CDQ Program is referred to
as a PSQ reserve, and the annual
allocation of the PSQ reserve among the
CDQ groups is referred to as PSQ (see
definitions for these terms at § 679.2).
The PSQ allocations in the CDQ
Program are managed in the same
manner as PSC limits in the non-CDQ
fisheries. These requirements are
described in regulations at §§ 679.32
and 679.7(d)(5). The halibut PSQs are
transferable only among the CDQ
groups. Operators of vessels groundfish
fishing in the BSAI are prohibited from
retaining Pacific halibut, unless the
vessel operator is authorized to retain
halibut CDQ or halibut IFQ. However,
halibut often is incidentally caught
when groundfish fishing because
halibut can occur in the same areas and
at the same time of year as the
groundfish fisheries occur. The operator
of a vessel engaged in directed fishing
for groundfish in the BSAI must
minimize catch of Pacific halibut
prohibited species (see regulations at
§ 679.21(b)(2)). NMFS accrues estimates
of halibut PSC to the halibut PSC limit
or to a PSQ limit in all BSAI hook-andline fisheries for Pacific cod, including
the Pacific cod CDQ fisheries.
Regulatory Constraints on Local SmallScale Groundfish CDQ Fisheries
There are two regulatory constraints
that limit the ability for CDQ groups to
develop local small-scale groundfish
fisheries, and more specifically local
small-scale Pacific cod CDQ fisheries.
These are (1) LLP requirements in the
CDQ fisheries, and (2) observer coverage
requirements in the CDQ groundfish
and halibut fisheries. These constraints
are described in the following sections
of the preamble.
LLP Requirements in the CDQ Fisheries
In 2000, NMFS established the LLP to
limit the amount of fishing capacity
relative to available fishery resources
(63 FR 52642, October 1, 1998). The LLP
limits the number, size, and specific
operation of vessels fishing for
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groundfish in the BSAI, based on
historical participation. With several
exceptions noted below, a vessel is
required to be named on an LLP license
before it can be used to conduct directed
fishing for ‘‘LLP groundfish’’ in the Gulf
of Alaska or BSAI. LLP license
requirements do not apply to vessels
that directed fish only for halibut
because halibut is not defined as an LLP
groundfish species (see § 679.2). Vessels
that are groundfish CDQ fishing in the
BSAI are required to obtain and carry an
LLP license (groundfish CDQ fishing is
defined in § 679.2). LLP licenses are
transferable. Vessel owners who were
not initially issued an LLP license must
obtain an LLP license through transfer
from a current LLP license holder in
order to directed fish for LLP
groundfish.
There are three exceptions at
§ 679.4(k)(2) to the LLP license
requirement that apply to vessels in the
CDQ and non-CDQ fisheries in the
BSAI:
• Vessels that do not exceed 32 ft (9.8
m) LOA;
• vessels that do not exceed 60 ft
(18.3 m) LOA and that are using jig gear
(but no more than 5 jig machines, 1 line
per machine, and 15 hooks per line);
and
• certain vessels constructed for, and
used exclusively in, CDQ fisheries.
NMFS assigns endorsements for
specific areas (e.g., Bering Sea or
Aleutian Islands), specific gear (e.g.,
non-trawl or trawl), and operation type
(e.g., catcher vessel or catcher/
processor) on LLP licenses. Each license
has a maximum length overall (MLOA)
designation that restricts the length of
the vessel that can be named on that
LLP license. In addition, most vessels
directed fishing for Pacific cod must be
named on an LLP license with a Pacific
cod endorsement for the appropriate
area, gear, and operation type. Catcher
vessels less than 60 ft LOA are not
required to have a Pacific cod
endorsement on their LLP license to fish
for Pacific cod in the BSAI.
Therefore, specific to this proposed
rule, catcher vessels less than or equal
to 32 ft LOA that are groundfish CDQ
fishing are not required to have an LLP
license. Catcher vessels greater than 32
ft LOA that are using hook-and-line gear
and groundfish CDQ fishing must have
an LLP license endorsed by area, gear,
and operation type, and have the
appropriate MLOA designation.
However, catcher vessels greater than 32
ft LOA and less than or equal to 46 ft
LOA are not required to have a Pacific
cod species endorsement on their LLP
license. Additional information on the
LLP is available in the final rule
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implementing the LLP (63 FR 52642,
October 1, 1998), and in subsequent
amendments to the LLP.
Observer Coverage Requirements in the
CDQ Groundfish and Halibut Fisheries
The North Pacific Groundfish and
Halibut Observer Program (Observer
Program) provides the regulatory
framework for NMFS-certified observers
(observers) to collect information
necessary for the conservation and
management of the federally managed
fisheries off Alaska. Regulations
governing observer coverage (50 CFR
part 679, subpart E) place all vessels and
processors in the federally managed
groundfish and halibut fisheries off
Alaska into one of two observer
coverage categories: (1) Full observer
coverage, and (2) partial observer
coverage. Additional information about
observer coverage requirements and the
vessel operator’s responsibilities when
required to carry an observer can be
found at § 679.51(e) and in the preamble
to the final rule implementing the
restructured Observer Program (77 FR
70062, November 21, 2012).
Any catcher vessel participating in a
catch share program with transferable
PSC allocations is assigned to the full
observer coverage category when the
vessel is participating in these catch
share programs. As described in an
earlier section of this preamble, the CDQ
Program is a catch share program with
transferable PSC allocations. Therefore,
NMFS assigns catcher vessels that
participate in CDQ fisheries in which
the catch of halibut accrues to the CDQ
group’s transferable halibut PSQ to the
full observer coverage category.
Relevant to this proposed rule, catcher
vessels groundfish CDQ fishing using
hook-and-line gear, including those
directed fishing for Pacific cod CDQ, are
in the full observer coverage category
because the discard of halibut by these
vessels accrues to the CDQ group’s
halibut PSQ.
NMFS assigns catcher vessels that are
halibut CDQ fishing or sablefish CDQ
fishing with fixed gear to the partial
observer coverage category, as it does for
catcher vessels groundfish CDQ fishing
with pot or jig gear. These catcher
vessels are required to have an observer
on board the vessel if selected for
observer coverage (see § 679.51(a)(1)).
These catcher vessels are in the partial
observer coverage category because the
catch of prohibited species in these
fisheries does not accrue to a PSQ.
Full observer coverage requirements
can impose significant costs on the
owners of vessels that are groundfish
CDQ fishing, particularly owners of
small vessels, such as those that are less
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than or equal to 46 ft LOA. Obtaining an
observer for all groundfish CDQ fishing
would likely be cost prohibitive for the
CDQ groups and vessel owners given
the revenue for these small vessels.
Section 3.6.6.2 of the Analysis provides
additional detail on the costs of placing
observers on board small vessels in the
BSAI.
Need for the Proposed Action
In October 2013, the Council received
a proposal from the representatives of
all six of the CDQ groups to revise
certain Federal regulations that restrict
the ability of fishermen in CDQ
communities to harvest allocations of
Pacific cod CDQ with small hook-andline catcher vessels. In particular,
representatives for the CDQ groups
identified LLP license and full observer
coverage regulations as limitations on
the ability of CDQ community
fishermen to retain Pacific cod CDQ
when participating in the CDQ fisheries.
In addition, the CDQ groups reported
that recent declines in halibut CDQ
allocations could prevent the CDQ
Program from meeting its economic
development objectives, and the ability
to develop a local small-scale Pacific
cod CDQ fishery would help to offset
the lost halibut harvesting and
processing opportunities in the CDQ
communities. In response, the Council
reviewed and developed a series of
analyses that resulted in this proposed
action.
The Council recommended its
preferred alternative in February 2015.
The Council’s preferred alternative
would (1) exempt operators of registered
catcher vessels greater than 32 ft LOA
and less than or equal to 46 ft LOA
using hook-and-line gear from the
requirement to obtain and carry an LLP
license when groundfish CDQ fishing;
(2) place catcher vessels less than or
equal to 46 ft LOA using hook-and-line
gear in the partial observer coverage
category when they are groundfish CDQ
fishing; (3) allow halibut caught by
operators of catcher vessels less than or
equal to 46 ft LOA using hook-and-line
gear when groundfish CDQ fishing to
accrue as either halibut CDQ, halibut
IFQ, or halibut PSC, on a trip-by-trip
basis; and (4) implement new in-season
management and catch accounting
procedures to properly account for the
harvest of groundfish and halibut and
the accrual of halibut PSC by operators
of catcher vessels less than or equal to
46 ft LOA using hook-and-line gear
when halibut or groundfish CDQ
fishing. Additional details about the
specific management measures NMFS
proposes to implement the Council’s
preferred alternative are described
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below in the section titled ‘‘The
Proposed Rule.’’
The Council’s preferred alternative is
intended to provide a regulatory
structure for the harvest of groundfish
CDQ that provides opportunities for the
small catcher vessels that fish on behalf
of a CDQ group to retain additional
Pacific cod and other groundfish in the
halibut CDQ fishery, or to develop
separate Pacific cod or other groundfish
CDQ fisheries without triggering LLP
license and full observer coverage
requirements. The Council’s preferred
alternative also is intended to provide
additional fishing opportunities to small
catcher vessel operators in CDQ
communities who have had reduced
harvest opportunities due to lower
halibut abundance and the resulting
lower halibut CDQ allocations. This
proposed action is intended to provide
the regulatory flexibility necessary for
the CDQ groups to develop diversified
local small-scale halibut and groundfish
fisheries.
LLP Exemption
The Council determined that a new
LLP exemption for registered catcher
vessels greater than 32 ft LOA and less
than or equal to 46 ft LOA using hookand-line gear when groundfish CDQ
fishing was necessary to encourage the
retention and sale of groundfish CDQ in
the halibut fisheries and to encourage
the development of directed fisheries for
groundfish CDQ by vessel operators
delivering catch to processors located in
CDQ communities. Exemption from the
LLP would remove a barrier created by
the lack of LLP licenses available for
small hook-and-line catcher vessels
fishing on behalf of a CDQ group. The
Council determined and NMFS agrees
that this limited exemption to the LLP
license requirements would not
undermine the objectives of the LLP
because it would apply only to
registered small catcher vessels when
groundfish CDQ fishing. Because the
CDQ groups receive specific harvest
allocations, the Council determined and
NMFS agrees that providing a limited
exemption to these registered catcher
vessels would not result in increased
harvests overall in the BSAI groundfish
fisheries, or contribute to a ‘‘race for
fish’’ among fishery participants.
As noted earlier in this preamble,
there are approximately 240 vessels that
fish for halibut out of CDQ
communities. Under current
regulations, operators of vessels that are
greater than 32 ft LOA are prohibited
from also conducting directed fishing
for CDQ groundfish or non-CDQ
groundfish when they are halibut CDQ
or halibut IFQ fishing unless they have
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an LLP license with the necessary
endorsements. The Council
recommended that the exemption apply
only to catcher vessels that are less than
or equal to 46 ft LOA because
approximately 95 percent of the
approximately 240 catcher vessels
currently active in halibut CDQ fisheries
are within this size class. In addition,
the CDQ groups recommended the 46-ftLOA threshold because the largest
vessel that is owned by a resident of a
CDQ community that participates in the
halibut CDQ fisheries is 46 ft LOA.
Therefore, although the Council
recognized that there are catcher vessels
greater than 46 ft LOA fishing for
halibut CDQ that do not have LLPs, the
focus of this proposed action is on the
smaller vessels because those vessels
generally are owned and operated by
residents of the CDQ communities and
fish out of those communities.
Nine of the approximately 240 catcher
vessels that fish for halibut out of the
CDQ communities are greater than 32 ft
LOA and less than or equal to 46 ft
LOA. Only two of these nine catcher
vessels are already assigned LLP
licenses. Currently, all of the LLP
licenses with the appropriate MLOA,
gear endorsement (i.e., non-trawl gear),
and operation type (i.e., catcher vessel)
that could be used on the seven catcher
vessels greater than 32 ft LOA and less
than or equal to 46 ft LOA that do not
have LLP licenses are assigned to other
non-CDQ vessels actively fishing in the
BSAI. Based on the information
available, it does not appear that LLP
licenses with the necessary
endorsements for these seven small
vessels are available for transfer.
Therefore, the exemption to LLP
requirements for catcher vessels that are
less than or equal to 46 ft LOA would
provide additional groundfish harvest
opportunities to the owners and
operators of vessels based in CDQ
communities. Additional detail about
the limitations to obtaining an
appropriately endorsed LLP license for
the catcher vessels less than 46 ft LOA
using hook-and-line gear is provided in
Section 3.6.6.1 of the Analysis.
The Council also recommended that
each CDQ group register any catcher
vessel eligible for the LLP license
exemption with NMFS in order for the
exemption to apply. The CDQ vessel
registration list would clearly identify
those eligible vessels that are exempt
from the LLP license requirements. It is
important to note that the LLP license
exemption would not apply until an
eligible vessel is successfully registered
by a CDQ group representative. The
Council also recommended that an LLP
exemption letter be issued to each
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vessel operator, and that each vessel
operator maintain a legible copy of the
LLP exemption letter on board the
vessel at all times when fishing for
groundfish CDQ. Maintaining a legible
copy of the LLP exemption letter on
board the vessel would provide
documentation that the vessel is exempt
from the LLP requirements, should the
vessel be boarded by the U.S. Coast
Guard or NMFS’ Office of Law
Enforcement. Although the CDQ vessel
registration list of vessels eligible for the
LLP exemption would be available on
NMFS’ Web site, vessel boardings can
occur in areas with no access to the
internet. In these cases, the LLP
exemption letter would provide initial
documentation that the vessel is exempt
from the LLP, which could later be
confirmed by checking the CDQ vessel
registration list. More information about
the CDQ vessel registration system and
the LLP exemption letter is in the
section below titled ‘‘The Proposed
Rule.’’
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Observer Coverage
The Council recommended placing
the hook-and-line catcher vessels less
than or equal to 46 ft LOA that are
groundfish CDQ fishing in the partial
observer coverage category to remove a
significant financial and operational
barrier to further development of the
local small-scale groundfish CDQ
fisheries. In making this
recommendation, the Council
recognized that it is likely that few CDQ
small vessels would be required to carry
an observer under the existing
deployment strategy and deployment
rates for vessel in the partial observer
coverage category (see Section 3.12 of
the Analysis for additional detail on
observer deployment). However, the
Council determined and NMFS agrees
that the benefits that would come with
increased participation in local smallscale groundfish CDQ fisheries would
justify the moving these vessels from
full observer coverage to partial observer
coverage. Additionally, the Council and
NMFS determined that NMFS could
adequately account for harvests and
discards in these local small-scale
groundfish CDQ fisheries with certain
modifications to the catch accounting
procedures.
To establish effective catch
accounting for hook-and-line catcher
vessels less than or equal to 46 ft LOA
that are groundfish CDQ fishing, the
Council recommended that NMFS
modify catch accounting procedures as
described below in the ‘‘Catch
Accounting and Fisheries Management’’
section of the preamble.
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Catch Accounting and Fisheries
Management
When the halibut fishery is open, the
Council’s preferred alternative would
allow the CDQ groups to decide on a
trip-by-trip basis whether a groundfish
CDQ fishing trip by a hook-and-line
catcher vessel less than or equal to 46
ft LOA would be supported by halibut
CDQ, halibut IFQ, or by halibut PSC.
When the halibut fishery is closed, the
CDQ groups could conduct groundfish
CDQ fishing by hook-and-line catcher
vessels less than or equal to 46 ft LOA
supported by halibut PSC. The Council
determined and NMFS agrees that the
allowance for trip-by-trip accounting
would provide the maximum flexibility
for the CDQ groups and vessel operators
to increase the harvest of Pacific cod
CDQ as part of a halibut CDQ or halibut
IFQ fishery, or as a separate Pacific cod
fishery in which halibut PSC would
accrue. This allowance is consistent
with the purpose of the proposed action.
NMFS would manage the removals of
halibut and debit them from the proper
account as described in ‘‘The Proposed
Rule’’ section of this preamble.
Catch Accounting
The Council determined and NMFS
agrees that the local small-scale
groundfish CDQ fisheries would be
managed by NMFS with in-season
fishery closures and a separate
component of a CDQ group’s halibut
PSQ that would be called the ‘‘small
catcher vessel halibut PSC limit.’’ The
determination of whether halibut PSC
would accrue to the small catcher vessel
halibut PSC limit for the groundfish
CDQ landing would depend on the
presence or absence of halibut in the
landing. As long as the halibut fishery
is open and at least one halibut is
reported as halibut CDQ or halibut IFQ
in the groundfish CDQ landing, NMFS
would not accrue any estimates of
halibut PSC from this landing to the
CDQ group’s small catcher vessel
halibut PSC limit. When the halibut
fishery is closed, or if the halibut fishery
is open and no halibut are reported in
the landing, NMFS would accrue an
estimate of halibut PSC to the CDQ
group’s small catcher vessel halibut PSC
limit. Once a vessel operator retains one
halibut, he or she would be required to
retain all legal-size halibut caught for
the remainder of that fishing trip as
either halibut CDQ or halibut IFQ.
The Council and NMFS determined
that establishing small catcher vessel
halibut PSC limits for each CDQ group
fishing with small hook-and-line catcher
vessels would meet two important
objectives. First, it would maintain the
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precedent the Council has set to require
full observer coverage for any catcher
vessels in catch share programs with
transferable PSC allocations while
allowing small hook-and-line catcher
vessels to fish for groundfish CDQ
without being subject to full observer
coverage. Second, it would establish a
method for assessing halibut PSC for the
small hook-and-line catcher vessels
based on the same methods used for
other small hook-and-line catcher
vessels active in the non-CDQ
groundfish fisheries. More information
about the management of the small
vessel groundfish CDQ fisheries is in the
section below titled ‘‘The Proposed
Rule.’’
Under the Council’s preferred
alternative, all other regulations not
specifically exempted or modified
would continue to apply to the small
hook-and-line catcher vessels when
groundfish CDQ fishing. These include
area closures and vessel monitoring
system (VMS) requirements that apply
to all hook-and-line catcher vessels
directed fishing for CDQ and non-CDQ
Pacific cod. Additional detail on
regulations that are currently applicable
to small hook-and-line catcher vessels is
provided in Section 2.1 of the Analysis
and is not repeated here.
The Proposed Rule
The following paragraphs describe the
provisions of the proposed rule. The
proposed rule would revise regulations
at 50 CFR part 679 to implement
Amendment 109 and the Council’s
preferred alternative to: (1) Exempt
registered catcher vessels greater than
32 ft LOA and less than or equal to 46
ft LOA using hook-and-line gear from
the requirement to obtain and carry an
LLP license when groundfish CDQ
fishing; (2) add fishery management and
monitoring requirements for the small
hook-and-line catcher vessels to
§ 679.32(c); and (3) place catcher vessels
less than or equal to 46 ft LOA using
hook-and-line gear into the partial
observer coverage category when
groundfish CDQ fishing. In addition to
these changes, the proposed rule would
remove an unnecessary cross reference
table for observer coverage from
§ 679.51(f).
LLP Exemption
The current LLP exemptions are
codified at § 679.4(k)(2). The proposed
rule would add a new paragraph (vi) to
§ 679.4(k)(2) to establish a new LLP
exemption for registered catcher vessels
greater than 32 ft LOA and less than or
equal to 46 ft LOA using hook-and-line
gear when groundfish CDQ fishing. The
operators of catcher vessels eligible for
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the LLP exemption would not be
required to obtain and carry an LLP
license when they are groundfish CDQ
fishing if certain vessel registration
requirements are met prior to
groundfish CDQ fishing.
The proposed rule would establish
the requirements for the NMFS online
CDQ vessel registration system (‘‘the
CDQ vessel registration system’’) at
paragraph (m) of § 679.5. The CDQ
group representative would be required
to register each eligible catcher vessel
for exemption from the LLP license
requirements through the CDQ vessel
registration system. The CDQ group
representative would be required to log
into the CDQ vessel registration system
using the CDQ group’s existing NMFS
ID and password and provide the
information required on the computer
screen. NMFS would add each vessel
successfully registered to the CDQ
vessel registration list on the NMFS
Alaska Region Web site at https://
alaskafisheries.noaa.gov.
The CDQ group representative could
add eligible catcher vessels to the CDQ
vessel registration list at any time
during the groundfish fishing year
(January 1 to December 31); there would
be no deadline for vessel registration
with NMFS. Because registered vessels
would be required to have a legible copy
of the LLP exemption letter described
below on board the vessel before the
vessel operator starts groundfish CDQ
fishing, the CDQ group representative
and the vessel operator would have to
allow for sufficient time to complete the
registration process prior to the start of
groundfish CDQ fishing by the vessel.
With each successful registration, the
CDQ vessel registration system would
provide the CDQ group representative
with an LLP exemption letter
documenting that the vessel is eligible
for the LLP exemption when groundfish
CDQ fishing. The CDQ group
representative would be responsible for
providing a copy of the LLP exemption
letter to the vessel operator. The vessel
operator would be required to maintain
a legible copy of the LLP exemption
letter on board the named vessel at all
times when that vessel is groundfish
CDQ fishing. NMFS would not provide
the LLP exemption letter directly to
vessel operators.
The LLP exemption letter also would
provide printable confirmation to the
CDQ group of a successfully completed
vessel registration. Once registered, a
vessel would remain on the CDQ vessel
registration list until removed by a CDQ
group. The proposed rule does not
include a requirement that the CDQ
groups re-register vessels annually.
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A CDQ group representative would
have the ability to remove a vessel from
the CDQ vessel registration list at any
time by logging into the CDQ vessel
registration system and following the
applicable instructions. In removing a
vessel from the CDQ vessel registration
list, the CDQ group representative
would be required to certify (1) that the
vessel operator had been given notice by
the CDQ group that the vessel was going
to be removed from the list, and (2) that
the vessel operator was not groundfish
CDQ fishing at the time of removal. The
CDQ vessel registration system would
provide a printable confirmation that a
vessel had been removed from the CDQ
vessel registration list. Once a vessel is
removed from the CDQ vessel
registration list, that vessel would no
longer be exempt from the LLP
requirements, even if the operator was
still in possession of the LLP exemption
letter. The proposed rule would not
require a CDQ group representative to
remove registered vessels when they are
participating in a non-CDQ fishery.
In order to receive the exemption
from the LLP license requirements, both
active registration through the CDQ
vessel registration system and a legible
copy of the LLP exemption letter on
board the vessel would be required. To
further clarify the vessel operator’s
responsibility, the proposed rule would
add a new prohibition at § 679.7(d)(8) to
prohibit the operator of a vessel eligible
for the LLP exemption from conducting
groundfish CDQ fishing without having
a legible copy of the LLP exemption
letter issued to a CDQ group for that
vessel on board the vessel. In addition,
the proposed rule would add a new
prohibition at § 679.7(d)(9) to prohibit a
CDQ group representative from
removing a vessel from the CDQ vessel
registration list without first providing
notice to the operator of the registered
vessel that the vessel is being removed
from the CDQ vessel registration list, or
when the vessel is groundfish CDQ
fishing.
Catch Accounting and Fishery
Monitoring Requirements
The proposed rule would create a new
paragraph (c)(3)(iii) in § 679.32 for the
catch accounting and fishery monitoring
requirements that would apply to
catcher vessels less than or equal to 46
ft LOA using hook-and-line gear when
groundfish CDQ fishing and to the CDQ
groups authorizing these vessels.
Current regulations at
§ 679.32(c)(3)(i)(D) and (c)(3)(ii)(D)
would continue to apply to catcher
vessels greater than 46 ft LOA using
hook-and-line gear when groundfish
CDQ fishing.
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The proposed rule would establish
catch accounting procedures that
provide CDQ groups and vessel
operators with the opportunity to retain
halibut CDQ or halibut IFQ when
groundfish CDQ fishing. If the vessel
operator is relying on halibut CDQ from
a CDQ group to support the retained
catch of legal-size halibut during a
fishing trip, the CDQ group would be
required to provide adequate halibut
CDQ to this vessel operator to account
for all the legal-size halibut caught by
the vessel during the entire fishing trip.
A CDQ group’s halibut PSQ would not
be reduced if halibut is present in the
landing. Landed halibut CDQ or halibut
IFQ would accrue to the account
balance of the permit holder identified
by the processor in the landing report
based on the permits held by the vessel
operator or persons on board the vessel.
The operator of a hook-and-line
catcher vessel less than or equal to 46
ft LOA who retains any halibut CDQ or
halibut IFQ during the groundfish CDQ
fishing trip would be required to retain
all legal-size halibut caught during that
fishing trip. The Council and NMFS
determined that this regulatory
provision is necessary to ensure proper
accounting for halibut and to reduce
halibut discards in the small vessel
groundfish CDQ fishery. In this
situation, NMFS would assume that the
vessel operator retained all legal-size
halibut and that the only halibut
released from the fishing gear would be
sub-legal-size halibut. NMFS would
continue to account for sub-legal-size
halibut as wastage associated with the
halibut fishery and it would not accrue
to any halibut PSC limit. Under the
proposed rule, as long as at least one
halibut was included in the groundfish
CDQ landing, NMFS would not accrue
any estimates of halibut PSC from the
small vessel groundfish CDQ fisheries to
the CDQ group’s halibut PSQ or to any
component of the BSAI halibut PSC
limit.
If no halibut are included in a
groundfish CDQ landing, NMFS would
accrue an estimate of halibut PSC to the
CDQ group’s small catcher vessel
halibut PSC limit (described below).
NMFS would estimate the halibut PSC
associated with these types of
groundfish CDQ fishing trips using
halibut PSC rates as calculated by
NMFS, and apply the halibut PSC rates
when halibut fishing is closed or when
halibut fishing is open but no halibut
are included in a landing.
Under the proposed rule, NMFS
would create a new quota category
available to each CDQ group called the
‘‘small catcher vessel halibut PSC
limit.’’ If a CDQ group wants to have a
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small hook-and-line catcher vessel
groundfish CDQ fishery, the CDQ group
would be required to transfer halibut
PSQ from its halibut PSQ to its small
catcher vessel halibut PSC limit through
a CDQ Transfer Request under
§ 679.5(n). CDQ groups that do not want
to have a local small-scale groundfish
CDQ fishery would not have to transfer
any halibut PSQ to this account. Each
CDQ group would, in collaboration with
NMFS, decide the appropriate amount
of halibut PSQ to transfer to the small
catcher vessel halibut PSC limit based
on the amount of groundfish CDQ it
wanted to allocate to its small hook-andline catcher vessel groundfish CDQ
fishery and the expected use of halibut
PSC in that fishery.
With the exception of sablefish CDQ
fishing, which will continue to be
managed under § 679.32(c)(1), the
proposed rule would prohibit
groundfish CDQ fishing by catcher
vessels less than or equal to 46 ft LOA
using hook-and-line gear unless NMFS
publishes notification in the Federal
Register authorizing a CDQ group to
conduct such fishing. In deciding
whether to authorize groundfish CDQ
fishing by these vessels, NMFS would
consider whether a CDQ group has
sufficient halibut in its small catcher
vessel halibut PSC limit to support
groundfish CDQ fishing by these catcher
vessels.
If NMFS determines that a CDQ
group’s small catcher vessel halibut PSC
limit has been or will be reached, NMFS
would issue a notice in the Federal
Register prohibiting groundfish CDQ
fishing by the small hook-and-line
catcher vessels fishing for that CDQ
group. NMFS would be responsible for
issuing fishing closures to the small
hook-and-line catcher vessel groundfish
CDQ fisheries to maintain halibut PSC
by these vessels within the small
catcher vessel halibut PSC limit
established by a CDQ group. NMFS
would manage these fisheries to stay
within the applicable CDQ groups’
halibut PSC amount to the best of its
ability, and would manage the small
hook-and-line catcher vessel groundfish
CDQ fishery conservatively to ensure
that these PSC limits are not exceeded.
Even with conservative management,
it is possible that a small catcher vessel
halibut PSC limit could be exceeded
due to the high degree of variability in
halibut PSC rates that can occur in
hook-and-line fisheries. If NMFS is
unable to close a CDQ group’s small
catcher vessel groundfish CDQ fishery
before it exceeds the amount of halibut
PSC allocated to the small catcher vessel
halibut PSC limit, NMFS would not
consider this a violation, and NMFS
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would not require the CDQ group to
transfer an amount of halibut PSQ
needed to cover the negative balance.
However, the proposed rule would
allow a CDQ group to voluntarily
choose to transfer additional halibut
PSQ to bring the balance of its small
catcher vessel halibut PSC limit to zero.
If a CDQ group’s small catcher vessel
halibut PSC limit has a negative balance
at the end of the groundfish fishing year
(December 31), and if the CDQ group
has remaining halibut PSQ on that date,
NMFS would transfer an amount of
halibut PSQ into the CDQ group’s small
catcher vessel halibut PSC limit to bring
the balance of the small catcher vessel
halibut PSC limit to zero. NMFS would
make this administrative transfer only
after all fishing by a CDQ group is
completed for the year, after data from
the fishing year is finalized, and if the
CDQ group had sufficient remaining
halibut PSQ.
The CDQ Program currently receives
an allocation of 393 mt of halibut PSC,
which is further allocated among the
CDQ groups in annual halibut PSQ
allocations to individual CDQ groups
that range from 25 mt to 135 mt.
Between 2010 and 2014, none of the
CDQ groups fully used their halibut
PSQ, and all CDQ groups had remaining
halibut PSQ at the end of the year.
Therefore, NMFS has determined that,
should an administrative transfer be
warranted, a CDQ group will likely have
sufficient halibut PSQ to accommodate
the transfer. However, if a CDQ group
does not have a sufficient amount of
halibut PSQ to cover a negative balance
in the CDQ group’s small catcher vessel
halibut PSC limit, NMFS would not
undertake an administrative transfer
and there would be no regulatory or
compliance consequences to the CDQ
group.
The proposed rule also would permit
a CDQ group to transfer halibut from its
small catcher vessel halibut PSC limit
back to the CDQ group’s halibut PSQ. In
reviewing a request to transfer halibut
from the small catcher vessel halibut
PSC limit back to the CDQ group’s
halibut PSQ, NMFS would consider the
status of CDQ fisheries through the end
of the year and anticipated halibut PSC
rates for any remaining groundfish CDQ
fishing by vessels managed under the
small catcher vessel halibut PSC limit
for the requesting CDQ group.
Observer Coverage
The proposed rule would add
paragraph (a)(1)(i)(D) to § 679.51 and
revise § 679.51(a)(2)(i)(C)(2) to place
catcher vessels less than or equal to 46
ft LOA that are using hook-and-line gear
when groundfish CDQ fishing in the
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partial observer coverage category. This
new paragraph is proposed as paragraph
(a)(1)(i)(D) because a separate proposed
rule implementing Amendment 112 to
the FMP and Amendment 102 to the
Fishery Management Plan for
Groundfish of the Gulf of Alaska is
proposing to add a new paragraph
(a)(1)(i)(C) to § 679.51 (see 80 FR 81262;
December 29, 2015).
Under current regulations, the owners
or operators of vessels in the partial
observer coverage category are placed in
an observer selection pool based on the
requirements of the Annual Deployment
Plan (ADP). Since implementation of
the ADP process in 2013, vessels less
than 40 ft. (12.2 m) LOA have been
placed in the ‘‘no selection pool.’’ These
vessels are not required to carry
observers or register fishing trips with
NMFS. Vessels 40 ft LOA or greater are
in the ‘‘trip selection pool’’ and must log
all of their fishing trips in the Observer
Declare and Deploy System (ODDS).
This is an online system for registering
fishing trips and receiving information
about whether a particular trip is
selected for observer coverage. If
selected for observer coverage, the
catcher vessel is required to carry an
observer. Operators of vessels selected
for observer coverage are required to
comply with all vessel responsibilities
in § 679.51(e)(1). More information
about logging trips in ODDS is on the
NMFS Alaska Region Web site under
‘‘Frequently Asked Questions’’ about
the Observer Program (https://
alaskafisheries.noaa.gov/
sustainablefisheries/observers/).
Hook-and-line catcher vessels
engaged in halibut CDQ fishing have
been in the partial observer coverage
category since 2013. Operators of
vessels 40 ft LOA or greater have been
logging halibut CDQ fishing trips and
should be familiar with the
requirements for partial observer
coverage. Most of the small hook-andline catcher vessels that are expected to
participate in separate Pacific cod CDQ
fisheries under the proposed action are
owned or operated by people who have
participated in the halibut CDQ fisheries
(see Section 3.7 of the Analysis).
Therefore, the requirements and
procedures for partial observer coverage
should be familiar to them. If a vessel
operator retains groundfish CDQ during
a halibut CDQ fishing trip, no additional
trips will need to be logged in ODDS. If
a vessel operator makes separate fishing
trips to target Pacific cod CDQ, the
vessel operator would be required to log
these new fishing trips in ODDS, and to
carry an observer if selected to do so.
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Other Regulatory Change
The proposed rule would remove the
table in § 679.51(f) that summarizes the
observer coverage requirements for
different management programs and
industry sectors. Prior to Observer
Program Restructuring (77 FR 70062,
November 21, 2012), this table was
located at the beginning of subpart E as
table of contents or guide to observer
coverage requirements. However, with
the reorganization of observer coverage
requirements in the 2012 rule and the
placement of this table at the end of
§ 679.51, it no longer serves its previous
function as a table of contents for the
section. Therefore, NMFS proposes to
remove the table.
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 Amendment 109 to the
FMP, other provisions of the MagnusonStevens Act, and other applicable law,
subject to further consideration after
public comment.
This proposed rule has been
determined to be not significant for
purposes of Executive Order 12866.
asabaliauskas on DSK5VPTVN1PROD with PROPOSALS
Initial Regulatory Flexibility Analysis
An initial regulatory flexibility
analysis (IRFA) was prepared, as
required by section 603 of the
Regulatory Flexibility Act (RFA). The
IRFA describes the economic impact
this proposed rule, if adopted, would
have on small entities. A further
description of the action, why it is being
considered, and the legal basis for this
action are contained earlier in the
preamble to this proposed rule. A copy
of the IRFA is available from NMFS (see
ADDRESSES). A summary of the analysis
follows.
The proposed action would directly
regulate two classes of small entities: (1)
The six CDQ groups, which are nonprofit corporations that represent the 65
western Alaska communities that are
eligible to participate in the CDQ
Program; and (2) the owners and
operators of small hook-and-line catcher
vessels who are authorized by a CDQ
group to harvest groundfish or halibut
CDQ allocations.
The RFA recognizes and defines three
kinds of small entities: (1) Small
businesses, (2) small non-profit
organizations, and (3) small government
jurisdictions. The CDQ groups are
considered small entities due to their
status as non-profit corporations.
According to Section 1.2.1 of the
Analysis, the six CDQ groups had total
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revenues of approximately $311.5
million in 2011, primarily from royalties
on the lease of pollock CDQ allocations.
Between 1992 and 2011, the CDQ
groups accumulated net assets worth
approximately $803 million, including
ownership of small local processing
plants, catcher vessels, and catcher/
processors that participate in the
groundfish, crab, salmon, and halibut
fisheries.
The Small Business Administration
has established size standards for all
major industry sectors in the United
States. 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.
It is difficult to predict how many
small hook-and-line catcher vessels may
participate in the future under the
proposed action because no catcher
vessels less than or equal to 46 ft LOA
using hook-and-line gear currently are
conducting directed fishing for
groundfish CDQ. The best estimate of
the upper bound of the number of future
participants in the small catcher vessel
Pacific cod CDQ fisheries is the
maximum of 278 vessels less than or
equal to 46 ft LOA that participated in
the halibut CDQ fisheries from 2000 to
2013. NMFS assumes that all of the
vessels that could be directly regulated
by this action would be small entities
based on estimated revenues of less than
$20.5 million for all vessels and their
known affiliations.
The proposed action contains three
new reporting and recordkeeping
requirements that affect small entities.
First, each CDQ group that authorizes
catcher vessels greater than 32 ft LOA
and less than or equal to 46 ft LOA
using hook-and-line gear to fish for
groundfish CDQ with an exemption
from the LLP would be required to
register the vessel in an online CDQ
vessel registration system developed
and maintained by NMFS. All six CDQ
groups would then be subject to the
vessel registration requirement if they
had vessels participating.
Second, operators of registered
catcher vessels greater than 32 ft LOA
and less than or equal to 46 ft LOA
using hook-and-line gear that would be
exempt from the LLP license
requirements would be required to
maintain a legible copy of an LLP
exemption letter on board the vessel at
all times when groundfish CDQ fishing.
The LLP exemption letter would be
generated through the CDQ vessel
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6497
registration system when a CDQ group
registered an eligible vessel. Each CDQ
group representative would be required
to provide this letter to the vessel
operator. All six CDQ groups and all
vessel operators could be subject to this
requirement.
Third, small catcher vessels fishing
for groundfish CDQ under the proposed
action would be placed in the partial
observer coverage category. Vessels
subject to observer coverage are
determined annually through the
Observer Program’s Annual Deployment
Plan (ADP). Since inception of the ADP
process in 2013, vessels less than 40 ft.
LOA have been placed in the ‘‘no
selection pool’’ and have had no
additional reporting or recordkeeping
requirements. Vessels 40 ft LOA or
greater are in the ‘‘trip selection pool’’
and must log all of their fishing trips in
the Observer Declare and Deploy
System (ODDS). This is an online
system for registering fishing trips and
receiving information about whether a
particular trip is selected for observer
coverage.
Vessels between 40 ft LOA and 46 ft
LOA already log their halibut CDQ and
halibut IFQ fishing trips in ODDS.
Therefore, if these vessels are combining
groundfish CDQ fishing with halibut
CDQ or halibut IFQ fishing, they would
not incur any additional reporting
requirements associated with placement
in the partial observer coverage category
because the halibut trips already are in
partial observer coverage. However, if
any of these vessels starts fishing for
groundfish CDQ separate from their
halibut CDQ or halibut IFQ fishing trips,
then those additional fishing trips
would be required to be logged in
ODDS. The cost of logging trips in
ODDS would represent an additional
cost associated with the new small
catcher vessel groundfish CDQ fisheries.
The RFA requires identification of
any significant alternatives to the
proposed rule that accomplish the
stated objectives of the proposed action,
consistent with applicable statutes, and
that would minimize any significant
economic impact of the proposed rule
on small entities. As noted in the IRFA,
the proposed action is expected to
create a net benefit for the directly
regulated small entities. The benefits of
the proposed action are expected to
outweigh the reporting, recordkeeping,
and other compliance costs described in
the previous section.
The Council considered a status quo
alternative (Alternative 1), and two
action alternatives (Alternatives 2 and 3)
to the preferred alternative (Alternative
4). Neither Alternative 2 nor 3 would
have provided more benefits to the
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directed regulated small entities or
reduced reporting, recordkeeping, or
compliance costs more than the
preferred alternative that would be
implemented by this proposed rule.
Under Alternative 2, the maximum
retainable amount (MRA) of Pacific cod
in the halibut CDQ fisheries would have
been increased so the operators of the
small hook-and-line vessels could retain
more Pacific cod when halibut CDQ
fishing and still be considered directed
fishing for halibut rather than directed
fishing for Pacific cod. Alternative 2 was
considered because the more costly LLP
license requirements, observer coverage
requirements, and VMS requirements do
not apply to vessels halibut CDQ fishing
in the BSAI (except that the VMS
requirements apply to vessels halibut
fishing in the Aleutian Islands).
Increasing the MRAs for Pacific cod
when halibut CDQ fishing would allow
the small vessels to retain more Pacific
cod without triggering requirements that
apply to vessels directed fishing for
Pacific cod. The Council did not select
this alternative because the preferred
alternative would accomplish a similar
outcome to Alternative 2 without
creating a situation where vessels with
the same catch composition were
defined as fishing for halibut in the CDQ
fisheries and fishing for Pacific cod in
the non-CDQ fisheries. Alternative 2
would have increased monitoring and
enforcement costs relative to the
preferred alternative.
The Council also considered
Alternative 3, which would have
created a new type of LLP license
specific to the small CDQ vessels. This
approach was an alternative to
providing an exemption to the LLP, as
is proposed in the preferred alternative.
However, this alternative would not
necessarily have resulted in a reduction
in reporting, recordkeeping, and
compliance costs in comparison to the
proposed action. Issuing a new CDQ
LLP license would have required
applications to NMFS and the issuance
of a CDQ LLP license with certain
conditions. Alternative 3 would have
increased costs relative to the preferred
alternative.
No relevant Federal rules have been
identified that would duplicate or
overlap with the proposed action.
Collection-of-Information Requirements
This proposed rule contains
collection-of-information requirements
subject to review and approval by the
Office of Management and Budget
(OMB) under the Paperwork Reduction
Act (PRA). These requirements have
been submitted to OMB for approval.
The information collections are
presented by OMB control number.
OMB Control No. 0648–0269
Public reporting burden for CDQ
Vessel Registration to add or remove
vessels online that are exempt from the
LLP license requirements is estimated to
average five minutes per individual
response and five minutes for
maintenance of the LLP exemption
letter on board a vessel that is
groundfish CDQ fishing. The
Groundfish/Halibut CDQ and Prohibited
Species Quota (PSQ) Transfer Request is
mentioned in this proposed rule, but no
changes occur in the individual
response for each requirement. OMB
Control No. 0648–0318
The Observer Declare and Deploy
System (ODDS) is mentioned in this
proposed rule, but the individual
response for each requirement is not
changed. OMB Control No. 0648–0334
The individual response for each
requirement of the LLP mentioned in
this rule is not changed.
Public comment is sought regarding:
Whether this proposed collection of
information is necessary for the proper
performance of the functions of the
agency, including whether the
information shall 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. Send comments
on these or any other aspects of the
collection of information to NMFS at the
ADDRESSES above, and 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, and no person shall be
subject to 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.
Dated: February 2, 2016.
Samuel D. Rauch III,
Deputy Assistant Administrator for
Regulatory Programs, National Marine
Fisheries Service.
For the reasons set out in the
preamble, 50 CFR part 679 is proposed
to be amended as follows:
PART 679—FISHERIES OF THE
EXCLUSIVE ECONOMIC ZONE OFF
ALASKA
1. The authority citation for 50 CFR
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
2. In § 679.4
a. In paragraph (k)(2)(iv) remove the
words ‘‘license, or’’ and add in their
place ‘‘license’’ and in paragraph
k)(2)(v) remove ‘‘Area’’ and add in its
place ‘‘Area, or’’.
■ b. Add paragraph (k)(2)(vi):
The addition to read as follows:
■
■
§ 679.4
Permits.
*
*
*
*
*
(k) * * *
(2) * * *
(vi) The operator of a catcher vessel
that is greater than 32 ft (9.8 m) LOA,
that does not exceed 46 ft (14.0 m) LOA,
and that is registered by a CDQ group
following the procedures described in
§ 679.5(m) may use hook-and-line gear
to conduct groundfish CDQ fishing
without a groundfish license.
*
*
*
*
*
§ 679.4
[Amended]
7. At each of the locations shown in
the ‘‘Location’’ column, remove the
phrase indicated in the ‘‘Remove’’
column and replace it with the phrase
indicated in the ‘‘Add’’ column for the
number of times indicated in the
‘‘Frequency’’ column.
■
Location
Remove
Add
§ 679.4(k)(2)(iv) .........................................
§ 679.4(k)(2)(v) ..........................................
license; or .................................................
Area ..........................................................
license; ......................................................
Area; or .....................................................
3. In § 679.5, add paragraph (m) to
read as follows:
■
§ 679.5
(R&R).
*
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*
Recordkeeping and reporting
*
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*
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*
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Frequency
(m) CDQ Vessel Registration—(1)
Registration. The representative for a
CDQ group must register each vessel
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that is to receive the exemption from the
LLP license requirements at
§ 679.4(k)(2)(vi) through the CDQ vessel
registration system available on the
NMFS Alaska Region Web site (https://
alaskafisheries.noaa.gov). The CDQ
group representative must log into the
CDQ vessel registration system and
provide the information required on the
computer screen. NMFS will add each
vessel successfully registered to the
CDQ vessel registration list on the
NMFS Alaska Region Web site at https://
alaskafisheries.noaa.gov.
(2) Responsibility. The CDQ group
representative must successfully
complete vessel registration through the
CDQ vessel registration system before
the vessel may be used to conduct
groundfish CDQ fishing under
§ 679.32(c)(3)(iii) without an LLP
license. By using the CDQ group’s
NMFS ID and password and submitting
the vessel registration request, the CDQ
group representative certifies that all
information is true, correct, and
complete.
(3) LLP exemption letter. The CDQ
vessel registration system will provide
the CDQ group representative with an
LLP exemption letter documenting that
the registered vessel is exempt from the
LLP when groundfish CDQ fishing. The
CDQ group representative must provide
a copy of the LLP exemption letter to
the operator of the registered vessel
named in the LLP exemption letter. The
operator of the registered vessel named
in the LLP exemption letter must
maintain a legible copy of the LLP
exemption letter on board the registered
vessel at all times when that vessel is
groundfish CDQ fishing.
(4) Removing a vessel from the CDQ
vessel registration list. A CDQ group
representative may remove a vessel from
the CDQ vessel registration system by
logging into the online system and
following the applicable instructions. A
CDQ group representative may remove a
registered vessel from the CDQ vessel
registration list at any time but must
certify at the time of removal that the
vessel operator had been given notice by
the CDQ group that the vessel is going
to be removed from the list and that the
vessel is not groundfish CDQ fishing at
the time of removal. A vessel that is
successfully removed from the CDQ
vessel registration list is no longer
exempt from the LLP requirements
under § 679.4(k).
*
*
*
*
*
■ 4. In § 679.7, add paragraphs (d)(8)
and (9) to read as follows:
§ 679.7
*
Prohibitions.
*
*
(d) * * *
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*
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(8) For an operator of a catcher vessel
greater than 32 ft (9.8 m) LOA and less
than or equal to 46 ft (14.0 m) LOA
using hook-and-line gear and that is
registered by a CDQ group under
§ 679.5(m), to conduct groundfish CDQ
fishing without a legible copy of the LLP
exemption letter issued to a CDQ group
for that vessel on board the vessel.
(9) For a CDQ group representative, to
remove a vessel from the CDQ vessel
registration list under § 679.5(m)(4)
without first providing notice to the
operator of the registered vessel that the
vessel is being removed from the CDQ
vessel registration list or when the
vessel operator is groundfish CDQ
fishing.
*
*
*
*
*
■ 5. In § 679.32,
■ a. Add a new first sentence to
paragraphs (c)(3)(i)(D) and (c)(3)(ii)(D);
and
■ b. Add paragraph (c)(3)(iii) to read as
follows:
§ 679.32 Groundfish and halibut CDQ
catch monitoring.
*
*
*
*
*
(c) * * *
(3) * * *
(i) * * *
(D) Observed catcher vessels using
nontrawl gear. This paragraph applies to
all observed catcher vessels using
nontrawl gear, except those catcher
vessels regulated under paragraph
(c)(3)(iii) of this section.* * *
(ii) * * *
(D) Observed catcher vessels using
nontrawl gear. This paragraph applies to
all observed catcher vessels using
nontrawl gear, except those catcher
vessels regulated under paragraph
(c)(3)(iii) of this section.* * *
(iii) Groundfish CDQ fishing by
catcher vessels less than or equal to 46
ft LOA using hook-and-line gear—(A)
Applicability. Regulations in this
paragraph apply to the operators of
catcher vessels less than or equal to 46
ft (14.0 m) LOA using hook-and-line
gear when groundfish CDQ fishing and
to the CDQ groups authorizing the
operators of these vessels to harvest
groundfish CDQ or halibut CDQ.
(B) Halibut CDQ or halibut IFQ. If any
halibut CDQ or halibut IFQ are retained
during a fishing trip on board a vessel
described in paragraph (c)(3)(iii)(A) of
this section, the following requirements
apply:
(1) The vessel operator must retain all
legal-size halibut caught during that
entire fishing trip.
(2) The vessel operator must have
sufficient halibut IFQ or halibut CDQ
available to account for the catch of all
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6499
legal-size halibut caught during the
entire fishing trip.
(3) If the vessel operator is relying on
halibut CDQ from a CDQ group to
support the retained catch of legal-size
halibut during a fishing trip, the CDQ
group must provide adequate halibut
CDQ to this vessel operator to account
for all of the legal-size halibut caught by
the vessel during the entire fishing trip.
(C) Halibut PSC. If halibut CDQ or
halibut IFQ are not retained during a
fishing trip on board a vessel described
in paragraph (c)(3)(iii)(A) of this section,
the following requirements apply:
(1) The vessel operator must discard
all halibut caught during the fishing
trip.
(2) Small catcher vessel halibut PSC
limit. The CDQ group representative
may transfer halibut from a CDQ group’s
halibut PSQ to its small catcher vessel
halibut PSC limit. To do so, the CDQ
representative must submit a transfer
request using the procedures described
in § 679.5(n). In reviewing a request to
transfer halibut PSQ to a CDQ group’s
small catcher vessel halibut PSC limit,
NMFS will consider whether the
amount of halibut to be transferred to
the small catcher vessel halibut PSC
limit is sufficient to support groundfish
CDQ fishing by the catcher vessels that
the CDQ group plans to authorize to
conduct groundfish CDQ fishing. The
transfer is not effective until approved
by NMFS. The CDQ group
representative also may transfer halibut
from a CDQ group’s small catcher vessel
halibut PSC limit back to its halibut
PSQ by submitting a transfer request
using the procedures described in
§ 679.5(n). In reviewing a request to
transfer halibut from the small catcher
vessel halibut PSC limit back to the
CDQ group’s halibut PSQ, NMFS will
consider the status of CDQ fisheries
through the end of the year and
anticipated halibut PSC rates for any
remaining groundfish CDQ fishing by
vessels managed under the small
catcher vessel halibut PSC limit for the
requesting CDQ group.
(3) Fishery closures. Directed fishing
for groundfish CDQ, except sablefish
CDQ managed under paragraph (c)(1) of
this section, by catcher vessels less than
or equal to 46 ft LOA using hook-andline gear is prohibited unless the
Regional Administrator publishes
notification in the Federal Register
authorizing such directed fishing. In
deciding whether to authorize directed
fishing, NMFS will consider whether a
CDQ group has sufficient halibut in its
small catcher vessel halibut PSC limit to
support directed fishing for groundfish
CDQ by these catcher vessels. Upon
determining that a CDQ group’s small
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catcher vessel halibut PSC limit has
been or will be reached, the Regional
Administrator will publish notification
in the Federal Register prohibiting
directed fishing for all groundfish CDQ
species, except sablefish CDQ, by
catcher vessels less than or equal to 46
ft LOA using hook-and-line gear fishing
for that CDQ group. If the estimated
halibut PSC by vessels described in
paragraph (c)(3)(iii)(A) of this section
exceeds the balance of the small catcher
vessel halibut PSC limit on December 31
of any year, and if the CDQ group has
remaining halibut PSQ on that date,
NMFS will transfer an amount of
halibut PSQ into the CDQ group’s small
catcher vessel halibut PSC limit to bring
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the balance of the small catcher vessel
halibut PSC limit to zero. NMFS will
make the determination about whether
such an administrative transfer is
necessary after data from the fishing
year is finalized.
*
*
*
*
*
■ 6. In § 679.51:
■ a. Remove § 679.51 introductory text
and paragraph (f);
■ b. Add paragraph (a)(1)(i)(D); and
■ c. Revise paragraph (a)(2)(i)(C)(2) to
read as follows:
§ 679.51 Observer requirements for
vessels and plants.
(a) * * *
(1) * * *
(i) * * *
PO 00000
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(D) A catcher vessel less than or equal
to 46 ft LOA using hook-and-line gear
when groundfish CDQ fishing under
§ 679.32(c)(3)(iii).
*
*
*
*
*
(2) * * *
(i) * * *
(C) * * *
(2) Using trawl gear or hook-and-line
gear when groundfish CDQ fishing (see
§ 679.2), except for catcher vessels less
than or equal to 46 ft LOA using hookand-line gear when groundfish CDQ
fishing under § 679.32(c)(3)(iii); or
*
*
*
*
*
[FR Doc. 2016–02319 Filed 2–5–16; 8:45 am]
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Agencies
[Federal Register Volume 81, Number 25 (Monday, February 8, 2016)]
[Proposed Rules]
[Pages 6489-6500]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-02319]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 679
[Docket No. 150430410-6046-01]
RIN 0648-BF05
Fisheries of the Exclusive Economic Zone Off Alaska; Western
Alaska Community Development Quota Program
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 issues a proposed rule that would implement Amendment 109
to the Fishery Management Plan for Groundfish of the Bering Sea and
Aleutian Islands Management Area (FMP). If approved, this proposed rule
would amend regulations governing the Western Alaska Community
Development Quota (CDQ) Program to support increased participation in
the groundfish CDQ fisheries (primarily Pacific cod) by catcher vessels
less than or equal to 46 feet (ft) (14.0 meters (m)) length overall
(LOA) using hook-and-line gear. Specifically, this proposed rule would
exempt operators of registered catcher vessels greater than 32 ft (9.8
m) LOA and less than or equal to 46 ft LOA using hook-and-line gear
from the requirement to obtain and carry a License Limitation Program
license when groundfish CDQ fishing. The proposed rule also would
reduce observer coverage requirements for catcher vessels less than or
equal to 46 ft LOA when groundfish CDQ fishing, and implement new in-
season management and catch accounting requirements to properly account
for the harvest of groundfish and halibut and the accrual of halibut
prohibited species catch in these fisheries. In addition to the
proposed regulations necessary to implement Amendment 109, NMFS
proposes to remove a table in the regulations because it is no longer
necessary. This action is intended to facilitate increased
participation by residents of CDQ communities in the groundfish
fisheries in the Bering Sea and Aleutian Islands Management Area, and
to support economic development in western Alaska. This action is
necessary to promote the goals of the CDQ Program, and to promote the
goals and objectives of the FMP, the Magnuson-Stevens Fishery
Conservation and Management Act, and other applicable laws.
DATES: Submit comments on or before March 9, 2016.
ADDRESSES: You may submit comments on this document, identified by
NOAA-NMFS-2015-0060, by any of the following methods:
Electronic Submission: Submit all electronic public
comments via the Federal eRulemaking Portal. Go to www.regulations.gov/#!docketDetail;D=NOAA-NMFS-2015-0060, click the ``Comment Now!'' icon,
complete the required fields, and enter or attach your comments.
Mail: Submit written comments to Glenn Merrill, Assistant
Regional Administrator, Sustainable Fisheries Division, Alaska Region
NMFS, Attn: Ellen Sebastian. Mail comments to P.O. Box 21668, Juneau,
AK 99802-1668.
[[Page 6490]]
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
www.regulations.gov without change. All personal identifying
information (e.g., name, address), 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 the Regulatory Impact Review/Initial
Regulatory Flexibility Analysis/Environmental Assessment (RIR/IRFA/EA)
prepared for this action (collectively the ``Analysis'') is available
from https://www.regulations.gov or from the NMFS Alaska Region Web site
at https://alaskafisheries.noaa.gov.
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 Alaska Region, P.O. Box 21668,
Juneau, AK 99802, Attn: Ellen Sebastian, Records Officer; in person at
NMFS Alaska Region, 709 West 9th Street, Room 420A, Juneau, AK; and by
email to OIRA_Submission@omb.eop.gov or faxed to 202-395-5806.
FOR FURTHER INFORMATION CONTACT: Sally Bibb, 907-586-7389.
SUPPLEMENTARY INFORMATION:
Authority for Action
NMFS manages the groundfish fisheries of the Bering Sea and
Aleutian Islands management area (BSAI) under the Fishery Management
Plan for Groundfish of the Bering Sea and Aleutian Islands Management
Area (FMP). The North Pacific Fishery Management Council (Council)
prepared the FMP pursuant to the Magnuson-Stevens Fishery Conservation
and Management Act (Magnuson-Stevens Act) (16 U.S.C. 1801, et seq.).
Regulations governing U.S. fisheries and implementing the FMP appear at
50 CFR parts 600 and 679.
The International Pacific Halibut Commission (IPHC) and NMFS manage
fishing for Pacific halibut through regulations established under the
authority of the Northern Pacific Halibut Act of 1982 (Halibut Act).
The IPHC promulgates regulations governing the halibut fishery under
the Convention between the United States and Canada for the
Preservation of the Halibut Fishery of the Northern Pacific Ocean and
Bering Sea (Convention). The IPHC's regulations are subject to approval
by the Secretary of State with concurrence of the Secretary of Commerce
(Secretary). NMFS publishes the IPHC's regulations as annual management
measures pursuant to 50 CFR 300.62.
The Halibut Act, at sections 773c(a) and (b), provides the
Secretary with general responsibility to carry out the Convention and
the Halibut Act. In adopting regulations that may be necessary to carry
out the purposes and objectives of the Convention and the Halibut Act,
the Secretary is directed to consult with the Secretary of the
department in which the U.S. Coast Guard is operating, currently the
Department of Homeland Security.
The Halibut Act, at section 773c(c), also provides the Council with
authority to develop regulations, including limited access regulations,
that are in addition to, and not in conflict with, approved IPHC
regulations. Regulations developed by the Council may be implemented by
NMFS only after approval by the Secretary. The Council exercised this
authority to allocate halibut to the CDQ Program as part of the
Individual Fishing Quota (IFQ) Program for the commercial halibut and
sablefish fisheries, codified at 50 CFR part 679, under the authority
of section 773 of the Halibut Act and section 303(b) of the Magnuson-
Stevens Act (16 U.S.C. 1853(b)).
The Council submitted Amendment 109 for review by the Secretary,
and a notice of availability of Amendment 109 was published in the
Federal Register on January 20, 2016, with comments invited through
March 21, 2016. Comments may address Amendment 109 or this proposed
rule, but must be received by March 21, 2016 to be considered in the
approval/disapproval decision on Amendment 109. All comments received
by that date, whether specifically directed to Amendment 109, or to
this proposed rule, will be considered in the approval/disapproval
decision on Amendment 109.
Background
If approved, this proposed rule would amend regulations governing
the CDQ Program to support increased participation in the groundfish
CDQ fisheries (primarily Pacific cod) by catcher vessels less than or
equal to 46 ft LOA using hook-and-line gear. The proposed rule would
exempt operators of registered catcher vessels greater than 32 ft LOA
and less than or equal to 46 ft LOA using hook-and-line gear to obtain
and carry a License Limitation Program (LLP) license when groundfish
CDQ fishing. This proposed rule also would reduce observer coverage
requirements for catcher vessels less than or equal to 46 ft LOA when
groundfish CDQ fishing and implement new in-season management and catch
accounting requirements to properly account for the harvest of
groundfish and halibut and the accrual of halibut prohibited species
catch in these fisheries. This proposed rule is intended to facilitate
increased participation by residents of CDQ communities in the BSAI
groundfish CDQ fisheries and to support economic development in western
Alaska. The proposed rule would benefit the six CDQ groups and the
operators of the small hook-and-line catcher vessels that the CDQ
groups authorize to fish on their behalf by reducing the costs of
participating in the groundfish CDQ fisheries.
The following sections describe the fisheries and the current
management programs affected by the proposed action: (1) Overview of
the CDQ Program, (2) Regulatory Constraints on Local Small-Scale
Groundfish CDQ Fisheries, (3) Need for the Proposed Action, and (4) The
Proposed Rule.
Overview of the CDQ Program
The CDQ Program is an economic development program associated with
federally managed fisheries in the BSAI. The purpose of the CDQ Program
is to provide western Alaska communities with the opportunity to
participate and invest in BSAI fisheries, to support economic
development in western Alaska, to alleviate poverty and provide
economic and social benefits for residents of western Alaska, and to
achieve sustainable and diversified local economies in western Alaska.
Regulations establishing the CDQ Program were first implemented in
1992. Congress amended the Magnuson-Stevens Act in 1996 through the
Sustainable Fisheries Act (Pub. L. 104-297) to include specific
provisions governing the CDQ Program. There are 65 communities eligible
to participate in the CDQ Program. Each community is represented by one
of six CDQ groups. The 65 eligible communities and the CDQ groups that
collectively represent these 65 communities are identified in the
Magnuson-Stevens Act at section 305(i)(1)(D) and in Table 7 to 50 CFR
part 679.
CDQ Program Halibut and Groundfish Fisheries
The CDQ Program is a catch share program that allocates a portion
of the
[[Page 6491]]
BSAI total allowable catch (TAC) for specific crab and groundfish
species, a portion of the commercial catch limits assigned by the IPHC,
and portions of certain prohibited species catch (PSC) limits to the
CDQ Program. These amounts are then further allocated among the six CDQ
groups as allocations that may be transferred among the CDQ groups
(with the exception of Chinook salmon prohibited species quota (PSQ),
which may be transferred to other authorized American Fisheries Act
entities). The Magnuson-Stevens Act requires allocations to the CDQ
Program of specific percentages of the ``total allowable catch,
guideline harvest level, or other annual catch limit . . . in each
directed fishery'' of the BSAI annual catch limits (section
305(i)(1)(B)). The Magnuson-Stevens Act also specifies the percentage
allocations among the six CDQ groups (section 305(i)(1)(C)).
The CDQ Program allocates crab, groundfish, and halibut for harvest
by the CDQ groups. The groundfish species allocated to the CDQ Program
are pollock, Pacific cod, sablefish, yellowfin sole, Greenland turbot,
arrowtooth flounder, rock sole, flathead sole, Pacific ocean perch, and
Atka mackerel. A complete list of the amount of groundfish allocated to
the CDQ Program can be found in the 2015 and 2016 annual harvest
specifications final rule (80 FR 11919, March 5, 2015). The 2015
apportionments of crab, groundfish, and halibut to each CDQ group are
listed in the annual CDQ Program allocation report at https://www.alaskafisheries.noaa.gov/cdq/allocations/annualmatrix2015.pdf.
One of the most effective ways the CDQ groups can meet the purposes
of the CDQ Program is to use the CDQ allocations to create local small-
scale commercial fisheries. Local small-scale CDQ fisheries directly
provide opportunities for residents of the CDQ communities to earn
income from the sale of the commercially harvested fish. Residents of
CDQ communities participate almost exclusively in local small-scale
fisheries. For purposes of this preamble, ``local small-scale'' means
CDQ fisheries prosecuted by catcher vessels that are less than or equal
to 46 ft LOA, using hook-and-line gear, and homeported or operated from
CDQ communities. Catcher vessels less than or equal to 46 ft LOA are
commonly used in the CDQ halibut fishery as described later in this
preamble.
Not all species can be easily or readily harvested in local small-
scale fisheries. Many groundfish and crab species are only effectively
harvested in large industrial-scale fisheries due to the gear required
(e.g., trawl gear is required to effectively harvest pollock and most
flatfish species; pot gear is required to effectively harvest crab) or
due to the great distance of the fishery from most of the CDQ
communities (e.g., Atka mackerel and Pacific ocean perch are primarily
harvested in the Aleutian Islands at substantial distance from most CDQ
communities).
Two species that are allocated to CDQ groups and that have been
effectively harvested in local small-scale fisheries in the BSAI are
halibut and Pacific cod. Both halibut and Pacific cod can be
effectively harvested by small vessels using hook-and-line gear.
Residents of CDQ communities commonly use hook-and-line gear because it
is relatively inexpensive to purchase and maintain relative to other
gear types such as trawl and pot gear, and can be operated on small
vessels.
Currently, the majority of the local small-scale CDQ fisheries
involve the harvest of the halibut CDQ allocations. By IPHC regulation,
halibut must be harvested by hook-and-line gear. The halibut CDQ
allocations typically are harvested by catcher vessels less than or
equal to 46 ft LOA (14.0 m) using hook-and-line gear. As shown in Table
3-11 of the Analysis, the halibut CDQ fishing fleet ranged from 215 to
246 vessels from 2009 through 2013. Table 3-13 in the Analysis shows
that in 2012 (the most recent year of complete data in the Analysis on
the length of vessels harvesting halibut CDQ), 217 of the 239 catcher
vessels fishing for halibut CDQ were less than or equal to 32 ft LOA, 9
were from 33 ft (10.1 m) LOA to 46 ft LOA, and only 13 vessels were
greater than 46 ft LOA.
In recent years, the exploitable biomass of halibut in the BSAI has
declined, particularly over the last four years. This has resulted in a
declining halibut CDQ allocation as well. For example, the total
halibut CDQ allocations were 2,128,000 pounds in 2011 and 797,080
pounds in 2015. The decrease in halibut CDQ allocations has resulted in
decreasing opportunities for residents of CDQ communities to earn
income important to themselves and their local economies. More
information about the status of the halibut stock and halibut CDQ
fisheries is in Sections 3.7 and 5.2 of the Analysis.
Pacific cod is an economically valuable groundfish species. It is
valuable both to participants in the CDQ Program and to those
harvesting Pacific cod outside of the CDQ Program (i.e., participants
in the non-CDQ fisheries). Pacific cod stocks have increased in
abundance over the same period that halibut stocks have declined in
abundance. In the BSAI, the overfishing level, acceptable biological
catch, and subsequent TAC for Pacific cod have generally increased over
the past 5 years. As of 2015, Pacific cod abundance is currently higher
than at any time since 1995. The Pacific cod biomass is projected to
maintain its relatively high abundance or possibly increase in 2016 and
future years. More information about Pacific cod and the Pacific cod
CDQ fisheries is in Section 3.6 and Section 5.1 of the Analysis.
In the non-CDQ Pacific cod fisheries, small hook-and-line catcher
vessels have demonstrated an ability to harvest Pacific cod in the
BSAI. For example, in 2014, five hook-and-line catcher vessels less
than 60 ft (18.3 m) LOA harvested over 2,000 mt of Pacific cod in the
non-CDQ Pacific cod fisheries in the Bering Sea (BS). (See Section
3.6.2 of the Analysis for additional detail on the non-CDQ Pacific cod
fisheries.)
However, small catcher vessels have demonstrated very little
current participation in the Pacific cod CDQ fisheries. As shown in
Table 3-13 of the Analysis, of the approximately 240 catcher vessels
fishing for halibut CDQ in 2012, only four of these catcher vessels
harvested Pacific cod, and the amount harvested was very small (2 mt).
Instead, the CDQ groups harvest most of their Pacific cod CDQ
allocations with catcher/processors greater than 60 ft LOA using hook-
and-line gear. These larger vessels can more efficiently harvest the
CDQ allocations, can fish in the times and areas when and where Pacific
cod are available, and can absorb the costs of the fisheries management
and catch monitoring requirements associated with these fisheries. In
addition, many of the CDQ groups own a portion of one or more hook-and-
line catcher/processors, so in addition to receiving royalties for the
lease of the Pacific cod CDQ, the CDQ group also earns a share of the
profits from the catcher/processors. Finally, and most importantly for
this proposed rule, there are regulatory constraints that limit the use
of small catcher vessels in the groundfish CDQ fisheries. These
constraints are described in more detail in the ``LLP Requirements in
the CDQ Fisheries'' and ``Observer Coverage Requirements in the CDQ
Groundfish and Halibut Fisheries'' sections of the preamble.
CDQ Program Prohibited Species Catch (PSC) Limits
In addition to allocations of groundfish, halibut, and crab for
harvest, the CDQ groups also receive annual allocations of certain BSAI
PSC
[[Page 6492]]
limits to account for the catch of those prohibited species in the
groundfish CDQ fisheries. Prohibited species may be caught by a vessel
when fishing for groundfish in the BSAI. A PSC limit is an apportioned,
non-retainable amount of fish or crab provided to a groundfish fishery
to limit the bycatch of that prohibited species in that particular
groundfish fishery.
The CDQ Program receives annual allocations of the BSAI PSC limits
for halibut, Chinook salmon, non-Chinook salmon, red king crab,
Chionoecetes (C.) opilio crab, and C. bairdi crab. The annual
allocation of a portion of a PSC limit to the CDQ Program is referred
to as a PSQ reserve, and the annual allocation of the PSQ reserve among
the CDQ groups is referred to as PSQ (see definitions for these terms
at Sec. 679.2).
The PSQ allocations in the CDQ Program are managed in the same
manner as PSC limits in the non-CDQ fisheries. These requirements are
described in regulations at Sec. Sec. 679.32 and 679.7(d)(5). The
halibut PSQs are transferable only among the CDQ groups. Operators of
vessels groundfish fishing in the BSAI are prohibited from retaining
Pacific halibut, unless the vessel operator is authorized to retain
halibut CDQ or halibut IFQ. However, halibut often is incidentally
caught when groundfish fishing because halibut can occur in the same
areas and at the same time of year as the groundfish fisheries occur.
The operator of a vessel engaged in directed fishing for groundfish in
the BSAI must minimize catch of Pacific halibut prohibited species (see
regulations at Sec. 679.21(b)(2)). NMFS accrues estimates of halibut
PSC to the halibut PSC limit or to a PSQ limit in all BSAI hook-and-
line fisheries for Pacific cod, including the Pacific cod CDQ
fisheries.
Regulatory Constraints on Local Small-Scale Groundfish CDQ Fisheries
There are two regulatory constraints that limit the ability for CDQ
groups to develop local small-scale groundfish fisheries, and more
specifically local small-scale Pacific cod CDQ fisheries. These are (1)
LLP requirements in the CDQ fisheries, and (2) observer coverage
requirements in the CDQ groundfish and halibut fisheries. These
constraints are described in the following sections of the preamble.
LLP Requirements in the CDQ Fisheries
In 2000, NMFS established the LLP to limit the amount of fishing
capacity relative to available fishery resources (63 FR 52642, October
1, 1998). The LLP limits the number, size, and specific operation of
vessels fishing for groundfish in the BSAI, based on historical
participation. With several exceptions noted below, a vessel is
required to be named on an LLP license before it can be used to conduct
directed fishing for ``LLP groundfish'' in the Gulf of Alaska or BSAI.
LLP license requirements do not apply to vessels that directed fish
only for halibut because halibut is not defined as an LLP groundfish
species (see Sec. 679.2). Vessels that are groundfish CDQ fishing in
the BSAI are required to obtain and carry an LLP license (groundfish
CDQ fishing is defined in Sec. 679.2). LLP licenses are transferable.
Vessel owners who were not initially issued an LLP license must obtain
an LLP license through transfer from a current LLP license holder in
order to directed fish for LLP groundfish.
There are three exceptions at Sec. 679.4(k)(2) to the LLP license
requirement that apply to vessels in the CDQ and non-CDQ fisheries in
the BSAI:
Vessels that do not exceed 32 ft (9.8 m) LOA;
vessels that do not exceed 60 ft (18.3 m) LOA and that are
using jig gear (but no more than 5 jig machines, 1 line per machine,
and 15 hooks per line); and
certain vessels constructed for, and used exclusively in,
CDQ fisheries.
NMFS assigns endorsements for specific areas (e.g., Bering Sea or
Aleutian Islands), specific gear (e.g., non-trawl or trawl), and
operation type (e.g., catcher vessel or catcher/processor) on LLP
licenses. Each license has a maximum length overall (MLOA) designation
that restricts the length of the vessel that can be named on that LLP
license. In addition, most vessels directed fishing for Pacific cod
must be named on an LLP license with a Pacific cod endorsement for the
appropriate area, gear, and operation type. Catcher vessels less than
60 ft LOA are not required to have a Pacific cod endorsement on their
LLP license to fish for Pacific cod in the BSAI.
Therefore, specific to this proposed rule, catcher vessels less
than or equal to 32 ft LOA that are groundfish CDQ fishing are not
required to have an LLP license. Catcher vessels greater than 32 ft LOA
that are using hook-and-line gear and groundfish CDQ fishing must have
an LLP license endorsed by area, gear, and operation type, and have the
appropriate MLOA designation. However, catcher vessels greater than 32
ft LOA and less than or equal to 46 ft LOA are not required to have a
Pacific cod species endorsement on their LLP license. Additional
information on the LLP is available in the final rule implementing the
LLP (63 FR 52642, October 1, 1998), and in subsequent amendments to the
LLP.
Observer Coverage Requirements in the CDQ Groundfish and Halibut
Fisheries
The North Pacific Groundfish and Halibut Observer Program (Observer
Program) provides the regulatory framework for NMFS-certified observers
(observers) to collect information necessary for the conservation and
management of the federally managed fisheries off Alaska. Regulations
governing observer coverage (50 CFR part 679, subpart E) place all
vessels and processors in the federally managed groundfish and halibut
fisheries off Alaska into one of two observer coverage categories: (1)
Full observer coverage, and (2) partial observer coverage. Additional
information about observer coverage requirements and the vessel
operator's responsibilities when required to carry an observer can be
found at Sec. 679.51(e) and in the preamble to the final rule
implementing the restructured Observer Program (77 FR 70062, November
21, 2012).
Any catcher vessel participating in a catch share program with
transferable PSC allocations is assigned to the full observer coverage
category when the vessel is participating in these catch share
programs. As described in an earlier section of this preamble, the CDQ
Program is a catch share program with transferable PSC allocations.
Therefore, NMFS assigns catcher vessels that participate in CDQ
fisheries in which the catch of halibut accrues to the CDQ group's
transferable halibut PSQ to the full observer coverage category.
Relevant to this proposed rule, catcher vessels groundfish CDQ fishing
using hook-and-line gear, including those directed fishing for Pacific
cod CDQ, are in the full observer coverage category because the discard
of halibut by these vessels accrues to the CDQ group's halibut PSQ.
NMFS assigns catcher vessels that are halibut CDQ fishing or
sablefish CDQ fishing with fixed gear to the partial observer coverage
category, as it does for catcher vessels groundfish CDQ fishing with
pot or jig gear. These catcher vessels are required to have an observer
on board the vessel if selected for observer coverage (see Sec.
679.51(a)(1)). These catcher vessels are in the partial observer
coverage category because the catch of prohibited species in these
fisheries does not accrue to a PSQ.
Full observer coverage requirements can impose significant costs on
the owners of vessels that are groundfish CDQ fishing, particularly
owners of small vessels, such as those that are less
[[Page 6493]]
than or equal to 46 ft LOA. Obtaining an observer for all groundfish
CDQ fishing would likely be cost prohibitive for the CDQ groups and
vessel owners given the revenue for these small vessels. Section
3.6.6.2 of the Analysis provides additional detail on the costs of
placing observers on board small vessels in the BSAI.
Need for the Proposed Action
In October 2013, the Council received a proposal from the
representatives of all six of the CDQ groups to revise certain Federal
regulations that restrict the ability of fishermen in CDQ communities
to harvest allocations of Pacific cod CDQ with small hook-and-line
catcher vessels. In particular, representatives for the CDQ groups
identified LLP license and full observer coverage regulations as
limitations on the ability of CDQ community fishermen to retain Pacific
cod CDQ when participating in the CDQ fisheries. In addition, the CDQ
groups reported that recent declines in halibut CDQ allocations could
prevent the CDQ Program from meeting its economic development
objectives, and the ability to develop a local small-scale Pacific cod
CDQ fishery would help to offset the lost halibut harvesting and
processing opportunities in the CDQ communities. In response, the
Council reviewed and developed a series of analyses that resulted in
this proposed action.
The Council recommended its preferred alternative in February 2015.
The Council's preferred alternative would (1) exempt operators of
registered catcher vessels greater than 32 ft LOA and less than or
equal to 46 ft LOA using hook-and-line gear from the requirement to
obtain and carry an LLP license when groundfish CDQ fishing; (2) place
catcher vessels less than or equal to 46 ft LOA using hook-and-line
gear in the partial observer coverage category when they are groundfish
CDQ fishing; (3) allow halibut caught by operators of catcher vessels
less than or equal to 46 ft LOA using hook-and-line gear when
groundfish CDQ fishing to accrue as either halibut CDQ, halibut IFQ, or
halibut PSC, on a trip-by-trip basis; and (4) implement new in-season
management and catch accounting procedures to properly account for the
harvest of groundfish and halibut and the accrual of halibut PSC by
operators of catcher vessels less than or equal to 46 ft LOA using
hook-and-line gear when halibut or groundfish CDQ fishing. Additional
details about the specific management measures NMFS proposes to
implement the Council's preferred alternative are described below in
the section titled ``The Proposed Rule.''
The Council's preferred alternative is intended to provide a
regulatory structure for the harvest of groundfish CDQ that provides
opportunities for the small catcher vessels that fish on behalf of a
CDQ group to retain additional Pacific cod and other groundfish in the
halibut CDQ fishery, or to develop separate Pacific cod or other
groundfish CDQ fisheries without triggering LLP license and full
observer coverage requirements. The Council's preferred alternative
also is intended to provide additional fishing opportunities to small
catcher vessel operators in CDQ communities who have had reduced
harvest opportunities due to lower halibut abundance and the resulting
lower halibut CDQ allocations. This proposed action is intended to
provide the regulatory flexibility necessary for the CDQ groups to
develop diversified local small-scale halibut and groundfish fisheries.
LLP Exemption
The Council determined that a new LLP exemption for registered
catcher vessels greater than 32 ft LOA and less than or equal to 46 ft
LOA using hook-and-line gear when groundfish CDQ fishing was necessary
to encourage the retention and sale of groundfish CDQ in the halibut
fisheries and to encourage the development of directed fisheries for
groundfish CDQ by vessel operators delivering catch to processors
located in CDQ communities. Exemption from the LLP would remove a
barrier created by the lack of LLP licenses available for small hook-
and-line catcher vessels fishing on behalf of a CDQ group. The Council
determined and NMFS agrees that this limited exemption to the LLP
license requirements would not undermine the objectives of the LLP
because it would apply only to registered small catcher vessels when
groundfish CDQ fishing. Because the CDQ groups receive specific harvest
allocations, the Council determined and NMFS agrees that providing a
limited exemption to these registered catcher vessels would not result
in increased harvests overall in the BSAI groundfish fisheries, or
contribute to a ``race for fish'' among fishery participants.
As noted earlier in this preamble, there are approximately 240
vessels that fish for halibut out of CDQ communities. Under current
regulations, operators of vessels that are greater than 32 ft LOA are
prohibited from also conducting directed fishing for CDQ groundfish or
non-CDQ groundfish when they are halibut CDQ or halibut IFQ fishing
unless they have an LLP license with the necessary endorsements. The
Council recommended that the exemption apply only to catcher vessels
that are less than or equal to 46 ft LOA because approximately 95
percent of the approximately 240 catcher vessels currently active in
halibut CDQ fisheries are within this size class. In addition, the CDQ
groups recommended the 46-ft-LOA threshold because the largest vessel
that is owned by a resident of a CDQ community that participates in the
halibut CDQ fisheries is 46 ft LOA. Therefore, although the Council
recognized that there are catcher vessels greater than 46 ft LOA
fishing for halibut CDQ that do not have LLPs, the focus of this
proposed action is on the smaller vessels because those vessels
generally are owned and operated by residents of the CDQ communities
and fish out of those communities.
Nine of the approximately 240 catcher vessels that fish for halibut
out of the CDQ communities are greater than 32 ft LOA and less than or
equal to 46 ft LOA. Only two of these nine catcher vessels are already
assigned LLP licenses. Currently, all of the LLP licenses with the
appropriate MLOA, gear endorsement (i.e., non-trawl gear), and
operation type (i.e., catcher vessel) that could be used on the seven
catcher vessels greater than 32 ft LOA and less than or equal to 46 ft
LOA that do not have LLP licenses are assigned to other non-CDQ vessels
actively fishing in the BSAI. Based on the information available, it
does not appear that LLP licenses with the necessary endorsements for
these seven small vessels are available for transfer. Therefore, the
exemption to LLP requirements for catcher vessels that are less than or
equal to 46 ft LOA would provide additional groundfish harvest
opportunities to the owners and operators of vessels based in CDQ
communities. Additional detail about the limitations to obtaining an
appropriately endorsed LLP license for the catcher vessels less than 46
ft LOA using hook-and-line gear is provided in Section 3.6.6.1 of the
Analysis.
The Council also recommended that each CDQ group register any
catcher vessel eligible for the LLP license exemption with NMFS in
order for the exemption to apply. The CDQ vessel registration list
would clearly identify those eligible vessels that are exempt from the
LLP license requirements. It is important to note that the LLP license
exemption would not apply until an eligible vessel is successfully
registered by a CDQ group representative. The Council also recommended
that an LLP exemption letter be issued to each
[[Page 6494]]
vessel operator, and that each vessel operator maintain a legible copy
of the LLP exemption letter on board the vessel at all times when
fishing for groundfish CDQ. Maintaining a legible copy of the LLP
exemption letter on board the vessel would provide documentation that
the vessel is exempt from the LLP requirements, should the vessel be
boarded by the U.S. Coast Guard or NMFS' Office of Law Enforcement.
Although the CDQ vessel registration list of vessels eligible for the
LLP exemption would be available on NMFS' Web site, vessel boardings
can occur in areas with no access to the internet. In these cases, the
LLP exemption letter would provide initial documentation that the
vessel is exempt from the LLP, which could later be confirmed by
checking the CDQ vessel registration list. More information about the
CDQ vessel registration system and the LLP exemption letter is in the
section below titled ``The Proposed Rule.''
Observer Coverage
The Council recommended placing the hook-and-line catcher vessels
less than or equal to 46 ft LOA that are groundfish CDQ fishing in the
partial observer coverage category to remove a significant financial
and operational barrier to further development of the local small-scale
groundfish CDQ fisheries. In making this recommendation, the Council
recognized that it is likely that few CDQ small vessels would be
required to carry an observer under the existing deployment strategy
and deployment rates for vessel in the partial observer coverage
category (see Section 3.12 of the Analysis for additional detail on
observer deployment). However, the Council determined and NMFS agrees
that the benefits that would come with increased participation in local
small-scale groundfish CDQ fisheries would justify the moving these
vessels from full observer coverage to partial observer coverage.
Additionally, the Council and NMFS determined that NMFS could
adequately account for harvests and discards in these local small-scale
groundfish CDQ fisheries with certain modifications to the catch
accounting procedures.
To establish effective catch accounting for hook-and-line catcher
vessels less than or equal to 46 ft LOA that are groundfish CDQ
fishing, the Council recommended that NMFS modify catch accounting
procedures as described below in the ``Catch Accounting and Fisheries
Management'' section of the preamble.
Catch Accounting and Fisheries Management
When the halibut fishery is open, the Council's preferred
alternative would allow the CDQ groups to decide on a trip-by-trip
basis whether a groundfish CDQ fishing trip by a hook-and-line catcher
vessel less than or equal to 46 ft LOA would be supported by halibut
CDQ, halibut IFQ, or by halibut PSC. When the halibut fishery is
closed, the CDQ groups could conduct groundfish CDQ fishing by hook-
and-line catcher vessels less than or equal to 46 ft LOA supported by
halibut PSC. The Council determined and NMFS agrees that the allowance
for trip-by-trip accounting would provide the maximum flexibility for
the CDQ groups and vessel operators to increase the harvest of Pacific
cod CDQ as part of a halibut CDQ or halibut IFQ fishery, or as a
separate Pacific cod fishery in which halibut PSC would accrue. This
allowance is consistent with the purpose of the proposed action. NMFS
would manage the removals of halibut and debit them from the proper
account as described in ``The Proposed Rule'' section of this preamble.
Catch Accounting
The Council determined and NMFS agrees that the local small-scale
groundfish CDQ fisheries would be managed by NMFS with in-season
fishery closures and a separate component of a CDQ group's halibut PSQ
that would be called the ``small catcher vessel halibut PSC limit.''
The determination of whether halibut PSC would accrue to the small
catcher vessel halibut PSC limit for the groundfish CDQ landing would
depend on the presence or absence of halibut in the landing. As long as
the halibut fishery is open and at least one halibut is reported as
halibut CDQ or halibut IFQ in the groundfish CDQ landing, NMFS would
not accrue any estimates of halibut PSC from this landing to the CDQ
group's small catcher vessel halibut PSC limit. When the halibut
fishery is closed, or if the halibut fishery is open and no halibut are
reported in the landing, NMFS would accrue an estimate of halibut PSC
to the CDQ group's small catcher vessel halibut PSC limit. Once a
vessel operator retains one halibut, he or she would be required to
retain all legal-size halibut caught for the remainder of that fishing
trip as either halibut CDQ or halibut IFQ.
The Council and NMFS determined that establishing small catcher
vessel halibut PSC limits for each CDQ group fishing with small hook-
and-line catcher vessels would meet two important objectives. First, it
would maintain the precedent the Council has set to require full
observer coverage for any catcher vessels in catch share programs with
transferable PSC allocations while allowing small hook-and-line catcher
vessels to fish for groundfish CDQ without being subject to full
observer coverage. Second, it would establish a method for assessing
halibut PSC for the small hook-and-line catcher vessels based on the
same methods used for other small hook-and-line catcher vessels active
in the non-CDQ groundfish fisheries. More information about the
management of the small vessel groundfish CDQ fisheries is in the
section below titled ``The Proposed Rule.''
Under the Council's preferred alternative, all other regulations
not specifically exempted or modified would continue to apply to the
small hook-and-line catcher vessels when groundfish CDQ fishing. These
include area closures and vessel monitoring system (VMS) requirements
that apply to all hook-and-line catcher vessels directed fishing for
CDQ and non-CDQ Pacific cod. Additional detail on regulations that are
currently applicable to small hook-and-line catcher vessels is provided
in Section 2.1 of the Analysis and is not repeated here.
The Proposed Rule
The following paragraphs describe the provisions of the proposed
rule. The proposed rule would revise regulations at 50 CFR part 679 to
implement Amendment 109 and the Council's preferred alternative to: (1)
Exempt registered catcher vessels greater than 32 ft LOA and less than
or equal to 46 ft LOA using hook-and-line gear from the requirement to
obtain and carry an LLP license when groundfish CDQ fishing; (2) add
fishery management and monitoring requirements for the small hook-and-
line catcher vessels to Sec. 679.32(c); and (3) place catcher vessels
less than or equal to 46 ft LOA using hook-and-line gear into the
partial observer coverage category when groundfish CDQ fishing. In
addition to these changes, the proposed rule would remove an
unnecessary cross reference table for observer coverage from Sec.
679.51(f).
LLP Exemption
The current LLP exemptions are codified at Sec. 679.4(k)(2). The
proposed rule would add a new paragraph (vi) to Sec. 679.4(k)(2) to
establish a new LLP exemption for registered catcher vessels greater
than 32 ft LOA and less than or equal to 46 ft LOA using hook-and-line
gear when groundfish CDQ fishing. The operators of catcher vessels
eligible for
[[Page 6495]]
the LLP exemption would not be required to obtain and carry an LLP
license when they are groundfish CDQ fishing if certain vessel
registration requirements are met prior to groundfish CDQ fishing.
The proposed rule would establish the requirements for the NMFS
online CDQ vessel registration system (``the CDQ vessel registration
system'') at paragraph (m) of Sec. 679.5. The CDQ group representative
would be required to register each eligible catcher vessel for
exemption from the LLP license requirements through the CDQ vessel
registration system. The CDQ group representative would be required to
log into the CDQ vessel registration system using the CDQ group's
existing NMFS ID and password and provide the information required on
the computer screen. NMFS would add each vessel successfully registered
to the CDQ vessel registration list on the NMFS Alaska Region Web site
at https://alaskafisheries.noaa.gov.
The CDQ group representative could add eligible catcher vessels to
the CDQ vessel registration list at any time during the groundfish
fishing year (January 1 to December 31); there would be no deadline for
vessel registration with NMFS. Because registered vessels would be
required to have a legible copy of the LLP exemption letter described
below on board the vessel before the vessel operator starts groundfish
CDQ fishing, the CDQ group representative and the vessel operator would
have to allow for sufficient time to complete the registration process
prior to the start of groundfish CDQ fishing by the vessel.
With each successful registration, the CDQ vessel registration
system would provide the CDQ group representative with an LLP exemption
letter documenting that the vessel is eligible for the LLP exemption
when groundfish CDQ fishing. The CDQ group representative would be
responsible for providing a copy of the LLP exemption letter to the
vessel operator. The vessel operator would be required to maintain a
legible copy of the LLP exemption letter on board the named vessel at
all times when that vessel is groundfish CDQ fishing. NMFS would not
provide the LLP exemption letter directly to vessel operators.
The LLP exemption letter also would provide printable confirmation
to the CDQ group of a successfully completed vessel registration. Once
registered, a vessel would remain on the CDQ vessel registration list
until removed by a CDQ group. The proposed rule does not include a
requirement that the CDQ groups re-register vessels annually.
A CDQ group representative would have the ability to remove a
vessel from the CDQ vessel registration list at any time by logging
into the CDQ vessel registration system and following the applicable
instructions. In removing a vessel from the CDQ vessel registration
list, the CDQ group representative would be required to certify (1)
that the vessel operator had been given notice by the CDQ group that
the vessel was going to be removed from the list, and (2) that the
vessel operator was not groundfish CDQ fishing at the time of removal.
The CDQ vessel registration system would provide a printable
confirmation that a vessel had been removed from the CDQ vessel
registration list. Once a vessel is removed from the CDQ vessel
registration list, that vessel would no longer be exempt from the LLP
requirements, even if the operator was still in possession of the LLP
exemption letter. The proposed rule would not require a CDQ group
representative to remove registered vessels when they are participating
in a non-CDQ fishery.
In order to receive the exemption from the LLP license
requirements, both active registration through the CDQ vessel
registration system and a legible copy of the LLP exemption letter on
board the vessel would be required. To further clarify the vessel
operator's responsibility, the proposed rule would add a new
prohibition at Sec. 679.7(d)(8) to prohibit the operator of a vessel
eligible for the LLP exemption from conducting groundfish CDQ fishing
without having a legible copy of the LLP exemption letter issued to a
CDQ group for that vessel on board the vessel. In addition, the
proposed rule would add a new prohibition at Sec. 679.7(d)(9) to
prohibit a CDQ group representative from removing a vessel from the CDQ
vessel registration list without first providing notice to the operator
of the registered vessel that the vessel is being removed from the CDQ
vessel registration list, or when the vessel is groundfish CDQ fishing.
Catch Accounting and Fishery Monitoring Requirements
The proposed rule would create a new paragraph (c)(3)(iii) in Sec.
679.32 for the catch accounting and fishery monitoring requirements
that would apply to catcher vessels less than or equal to 46 ft LOA
using hook-and-line gear when groundfish CDQ fishing and to the CDQ
groups authorizing these vessels. Current regulations at Sec.
679.32(c)(3)(i)(D) and (c)(3)(ii)(D) would continue to apply to catcher
vessels greater than 46 ft LOA using hook-and-line gear when groundfish
CDQ fishing.
The proposed rule would establish catch accounting procedures that
provide CDQ groups and vessel operators with the opportunity to retain
halibut CDQ or halibut IFQ when groundfish CDQ fishing. If the vessel
operator is relying on halibut CDQ from a CDQ group to support the
retained catch of legal-size halibut during a fishing trip, the CDQ
group would be required to provide adequate halibut CDQ to this vessel
operator to account for all the legal-size halibut caught by the vessel
during the entire fishing trip. A CDQ group's halibut PSQ would not be
reduced if halibut is present in the landing. Landed halibut CDQ or
halibut IFQ would accrue to the account balance of the permit holder
identified by the processor in the landing report based on the permits
held by the vessel operator or persons on board the vessel.
The operator of a hook-and-line catcher vessel less than or equal
to 46 ft LOA who retains any halibut CDQ or halibut IFQ during the
groundfish CDQ fishing trip would be required to retain all legal-size
halibut caught during that fishing trip. The Council and NMFS
determined that this regulatory provision is necessary to ensure proper
accounting for halibut and to reduce halibut discards in the small
vessel groundfish CDQ fishery. In this situation, NMFS would assume
that the vessel operator retained all legal-size halibut and that the
only halibut released from the fishing gear would be sub-legal-size
halibut. NMFS would continue to account for sub-legal-size halibut as
wastage associated with the halibut fishery and it would not accrue to
any halibut PSC limit. Under the proposed rule, as long as at least one
halibut was included in the groundfish CDQ landing, NMFS would not
accrue any estimates of halibut PSC from the small vessel groundfish
CDQ fisheries to the CDQ group's halibut PSQ or to any component of the
BSAI halibut PSC limit.
If no halibut are included in a groundfish CDQ landing, NMFS would
accrue an estimate of halibut PSC to the CDQ group's small catcher
vessel halibut PSC limit (described below). NMFS would estimate the
halibut PSC associated with these types of groundfish CDQ fishing trips
using halibut PSC rates as calculated by NMFS, and apply the halibut
PSC rates when halibut fishing is closed or when halibut fishing is
open but no halibut are included in a landing.
Under the proposed rule, NMFS would create a new quota category
available to each CDQ group called the ``small catcher vessel halibut
PSC limit.'' If a CDQ group wants to have a
[[Page 6496]]
small hook-and-line catcher vessel groundfish CDQ fishery, the CDQ
group would be required to transfer halibut PSQ from its halibut PSQ to
its small catcher vessel halibut PSC limit through a CDQ Transfer
Request under Sec. 679.5(n). CDQ groups that do not want to have a
local small-scale groundfish CDQ fishery would not have to transfer any
halibut PSQ to this account. Each CDQ group would, in collaboration
with NMFS, decide the appropriate amount of halibut PSQ to transfer to
the small catcher vessel halibut PSC limit based on the amount of
groundfish CDQ it wanted to allocate to its small hook-and-line catcher
vessel groundfish CDQ fishery and the expected use of halibut PSC in
that fishery.
With the exception of sablefish CDQ fishing, which will continue to
be managed under Sec. 679.32(c)(1), the proposed rule would prohibit
groundfish CDQ fishing by catcher vessels less than or equal to 46 ft
LOA using hook-and-line gear unless NMFS publishes notification in the
Federal Register authorizing a CDQ group to conduct such fishing. In
deciding whether to authorize groundfish CDQ fishing by these vessels,
NMFS would consider whether a CDQ group has sufficient halibut in its
small catcher vessel halibut PSC limit to support groundfish CDQ
fishing by these catcher vessels.
If NMFS determines that a CDQ group's small catcher vessel halibut
PSC limit has been or will be reached, NMFS would issue a notice in the
Federal Register prohibiting groundfish CDQ fishing by the small hook-
and-line catcher vessels fishing for that CDQ group. NMFS would be
responsible for issuing fishing closures to the small hook-and-line
catcher vessel groundfish CDQ fisheries to maintain halibut PSC by
these vessels within the small catcher vessel halibut PSC limit
established by a CDQ group. NMFS would manage these fisheries to stay
within the applicable CDQ groups' halibut PSC amount to the best of its
ability, and would manage the small hook-and-line catcher vessel
groundfish CDQ fishery conservatively to ensure that these PSC limits
are not exceeded.
Even with conservative management, it is possible that a small
catcher vessel halibut PSC limit could be exceeded due to the high
degree of variability in halibut PSC rates that can occur in hook-and-
line fisheries. If NMFS is unable to close a CDQ group's small catcher
vessel groundfish CDQ fishery before it exceeds the amount of halibut
PSC allocated to the small catcher vessel halibut PSC limit, NMFS would
not consider this a violation, and NMFS would not require the CDQ group
to transfer an amount of halibut PSQ needed to cover the negative
balance. However, the proposed rule would allow a CDQ group to
voluntarily choose to transfer additional halibut PSQ to bring the
balance of its small catcher vessel halibut PSC limit to zero.
If a CDQ group's small catcher vessel halibut PSC limit has a
negative balance at the end of the groundfish fishing year (December
31), and if the CDQ group has remaining halibut PSQ on that date, NMFS
would transfer an amount of halibut PSQ into the CDQ group's small
catcher vessel halibut PSC limit to bring the balance of the small
catcher vessel halibut PSC limit to zero. NMFS would make this
administrative transfer only after all fishing by a CDQ group is
completed for the year, after data from the fishing year is finalized,
and if the CDQ group had sufficient remaining halibut PSQ.
The CDQ Program currently receives an allocation of 393 mt of
halibut PSC, which is further allocated among the CDQ groups in annual
halibut PSQ allocations to individual CDQ groups that range from 25 mt
to 135 mt. Between 2010 and 2014, none of the CDQ groups fully used
their halibut PSQ, and all CDQ groups had remaining halibut PSQ at the
end of the year. Therefore, NMFS has determined that, should an
administrative transfer be warranted, a CDQ group will likely have
sufficient halibut PSQ to accommodate the transfer. However, if a CDQ
group does not have a sufficient amount of halibut PSQ to cover a
negative balance in the CDQ group's small catcher vessel halibut PSC
limit, NMFS would not undertake an administrative transfer and there
would be no regulatory or compliance consequences to the CDQ group.
The proposed rule also would permit a CDQ group to transfer halibut
from its small catcher vessel halibut PSC limit back to the CDQ group's
halibut PSQ. In reviewing a request to transfer halibut from the small
catcher vessel halibut PSC limit back to the CDQ group's halibut PSQ,
NMFS would consider the status of CDQ fisheries through the end of the
year and anticipated halibut PSC rates for any remaining groundfish CDQ
fishing by vessels managed under the small catcher vessel halibut PSC
limit for the requesting CDQ group.
Observer Coverage
The proposed rule would add paragraph (a)(1)(i)(D) to Sec. 679.51
and revise Sec. 679.51(a)(2)(i)(C)(2) to place catcher vessels less
than or equal to 46 ft LOA that are using hook-and-line gear when
groundfish CDQ fishing in the partial observer coverage category. This
new paragraph is proposed as paragraph (a)(1)(i)(D) because a separate
proposed rule implementing Amendment 112 to the FMP and Amendment 102
to the Fishery Management Plan for Groundfish of the Gulf of Alaska is
proposing to add a new paragraph (a)(1)(i)(C) to Sec. 679.51 (see 80
FR 81262; December 29, 2015).
Under current regulations, the owners or operators of vessels in
the partial observer coverage category are placed in an observer
selection pool based on the requirements of the Annual Deployment Plan
(ADP). Since implementation of the ADP process in 2013, vessels less
than 40 ft. (12.2 m) LOA have been placed in the ``no selection pool.''
These vessels are not required to carry observers or register fishing
trips with NMFS. Vessels 40 ft LOA or greater are in the ``trip
selection pool'' and must log all of their fishing trips in the
Observer Declare and Deploy System (ODDS). This is an online system for
registering fishing trips and receiving information about whether a
particular trip is selected for observer coverage. If selected for
observer coverage, the catcher vessel is required to carry an observer.
Operators of vessels selected for observer coverage are required to
comply with all vessel responsibilities in Sec. 679.51(e)(1). More
information about logging trips in ODDS is on the NMFS Alaska Region
Web site under ``Frequently Asked Questions'' about the Observer
Program (https://alaskafisheries.noaa.gov/sustainablefisheries/observers/).
Hook-and-line catcher vessels engaged in halibut CDQ fishing have
been in the partial observer coverage category since 2013. Operators of
vessels 40 ft LOA or greater have been logging halibut CDQ fishing
trips and should be familiar with the requirements for partial observer
coverage. Most of the small hook-and-line catcher vessels that are
expected to participate in separate Pacific cod CDQ fisheries under the
proposed action are owned or operated by people who have participated
in the halibut CDQ fisheries (see Section 3.7 of the Analysis).
Therefore, the requirements and procedures for partial observer
coverage should be familiar to them. If a vessel operator retains
groundfish CDQ during a halibut CDQ fishing trip, no additional trips
will need to be logged in ODDS. If a vessel operator makes separate
fishing trips to target Pacific cod CDQ, the vessel operator would be
required to log these new fishing trips in ODDS, and to carry an
observer if selected to do so.
[[Page 6497]]
Other Regulatory Change
The proposed rule would remove the table in Sec. 679.51(f) that
summarizes the observer coverage requirements for different management
programs and industry sectors. Prior to Observer Program Restructuring
(77 FR 70062, November 21, 2012), this table was located at the
beginning of subpart E as table of contents or guide to observer
coverage requirements. However, with the reorganization of observer
coverage requirements in the 2012 rule and the placement of this table
at the end of Sec. 679.51, it no longer serves its previous function
as a table of contents for the section. Therefore, NMFS proposes to
remove the table.
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 Amendment 109 to the FMP, other
provisions of the Magnuson-Stevens Act, and other applicable law,
subject to further consideration after public comment.
This proposed rule has been determined to be not significant for
purposes of Executive Order 12866.
Initial Regulatory Flexibility Analysis
An initial regulatory flexibility analysis (IRFA) was prepared, as
required by section 603 of the Regulatory Flexibility Act (RFA). The
IRFA describes the economic impact this proposed rule, if adopted,
would have on small entities. A further description of the action, why
it is being considered, and the legal basis for this action are
contained earlier in the preamble to this proposed rule. A copy of the
IRFA is available from NMFS (see ADDRESSES). A summary of the analysis
follows.
The proposed action would directly regulate two classes of small
entities: (1) The six CDQ groups, which are non-profit corporations
that represent the 65 western Alaska communities that are eligible to
participate in the CDQ Program; and (2) the owners and operators of
small hook-and-line catcher vessels who are authorized by a CDQ group
to harvest groundfish or halibut CDQ allocations.
The RFA recognizes and defines three kinds of small entities: (1)
Small businesses, (2) small non-profit organizations, and (3) small
government jurisdictions. The CDQ groups are considered small entities
due to their status as non-profit corporations. According to Section
1.2.1 of the Analysis, the six CDQ groups had total revenues of
approximately $311.5 million in 2011, primarily from royalties on the
lease of pollock CDQ allocations. Between 1992 and 2011, the CDQ groups
accumulated net assets worth approximately $803 million, including
ownership of small local processing plants, catcher vessels, and
catcher/processors that participate in the groundfish, crab, salmon,
and halibut fisheries.
The Small Business Administration has established size standards
for all major industry sectors in the United States. 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.
It is difficult to predict how many small hook-and-line catcher
vessels may participate in the future under the proposed action because
no catcher vessels less than or equal to 46 ft LOA using hook-and-line
gear currently are conducting directed fishing for groundfish CDQ. The
best estimate of the upper bound of the number of future participants
in the small catcher vessel Pacific cod CDQ fisheries is the maximum of
278 vessels less than or equal to 46 ft LOA that participated in the
halibut CDQ fisheries from 2000 to 2013. NMFS assumes that all of the
vessels that could be directly regulated by this action would be small
entities based on estimated revenues of less than $20.5 million for all
vessels and their known affiliations.
The proposed action contains three new reporting and recordkeeping
requirements that affect small entities. First, each CDQ group that
authorizes catcher vessels greater than 32 ft LOA and less than or
equal to 46 ft LOA using hook-and-line gear to fish for groundfish CDQ
with an exemption from the LLP would be required to register the vessel
in an online CDQ vessel registration system developed and maintained by
NMFS. All six CDQ groups would then be subject to the vessel
registration requirement if they had vessels participating.
Second, operators of registered catcher vessels greater than 32 ft
LOA and less than or equal to 46 ft LOA using hook-and-line gear that
would be exempt from the LLP license requirements would be required to
maintain a legible copy of an LLP exemption letter on board the vessel
at all times when groundfish CDQ fishing. The LLP exemption letter
would be generated through the CDQ vessel registration system when a
CDQ group registered an eligible vessel. Each CDQ group representative
would be required to provide this letter to the vessel operator. All
six CDQ groups and all vessel operators could be subject to this
requirement.
Third, small catcher vessels fishing for groundfish CDQ under the
proposed action would be placed in the partial observer coverage
category. Vessels subject to observer coverage are determined annually
through the Observer Program's Annual Deployment Plan (ADP). Since
inception of the ADP process in 2013, vessels less than 40 ft. LOA have
been placed in the ``no selection pool'' and have had no additional
reporting or recordkeeping requirements. Vessels 40 ft LOA or greater
are in the ``trip selection pool'' and must log all of their fishing
trips in the Observer Declare and Deploy System (ODDS). This is an
online system for registering fishing trips and receiving information
about whether a particular trip is selected for observer coverage.
Vessels between 40 ft LOA and 46 ft LOA already log their halibut
CDQ and halibut IFQ fishing trips in ODDS. Therefore, if these vessels
are combining groundfish CDQ fishing with halibut CDQ or halibut IFQ
fishing, they would not incur any additional reporting requirements
associated with placement in the partial observer coverage category
because the halibut trips already are in partial observer coverage.
However, if any of these vessels starts fishing for groundfish CDQ
separate from their halibut CDQ or halibut IFQ fishing trips, then
those additional fishing trips would be required to be logged in ODDS.
The cost of logging trips in ODDS would represent an additional cost
associated with the new small catcher vessel groundfish CDQ fisheries.
The RFA requires identification of any significant alternatives to
the proposed rule that accomplish the stated objectives of the proposed
action, consistent with applicable statutes, and that would minimize
any significant economic impact of the proposed rule on small entities.
As noted in the IRFA, the proposed action is expected to create a net
benefit for the directly regulated small entities. The benefits of the
proposed action are expected to outweigh the reporting, recordkeeping,
and other compliance costs described in the previous section.
The Council considered a status quo alternative (Alternative 1),
and two action alternatives (Alternatives 2 and 3) to the preferred
alternative (Alternative 4). Neither Alternative 2 nor 3 would have
provided more benefits to the
[[Page 6498]]
directed regulated small entities or reduced reporting, recordkeeping,
or compliance costs more than the preferred alternative that would be
implemented by this proposed rule.
Under Alternative 2, the maximum retainable amount (MRA) of Pacific
cod in the halibut CDQ fisheries would have been increased so the
operators of the small hook-and-line vessels could retain more Pacific
cod when halibut CDQ fishing and still be considered directed fishing
for halibut rather than directed fishing for Pacific cod. Alternative 2
was considered because the more costly LLP license requirements,
observer coverage requirements, and VMS requirements do not apply to
vessels halibut CDQ fishing in the BSAI (except that the VMS
requirements apply to vessels halibut fishing in the Aleutian Islands).
Increasing the MRAs for Pacific cod when halibut CDQ fishing would
allow the small vessels to retain more Pacific cod without triggering
requirements that apply to vessels directed fishing for Pacific cod.
The Council did not select this alternative because the preferred
alternative would accomplish a similar outcome to Alternative 2 without
creating a situation where vessels with the same catch composition were
defined as fishing for halibut in the CD