Fisheries of the Exclusive Economic Zone Off Alaska; Pacific Cod Management in the Groundfish Fisheries of the Bering Sea and Aleutian Islands, 43576-43578 [2019-17907]
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Federal Register / Vol. 84, No. 162 / Wednesday, August 21, 2019 / Proposed Rules
midwater trawl vessels and other user
groups.
Amendment 8 would allow the
inshore midwater trawl restricted area
or new closures to address localized
depletion and/or user group conflict to
be modified or implemented via
framework adjustment. The list of
framework provisions at § 648.206
already includes closed areas; this
amendment would add the inshore
midwater trawl restricted area to that
list.
The Council’s recommendation to
prohibit midwater trawling in inshore
areas is an allocation decision intended
to balance the needs of user groups and
provide conservation benefits.
Consistent with objectives in the
Herring FMP, the proposed measure is
intended to facilitate an efficient, fair,
and equitable accommodation of social,
economic, and ecological factors
associated with achieving OY, in part by
providing, to the extent practicable,
controlled opportunities for participants
in other New England and Mid-Atlantic
fisheries. Because midwater trawl
vessels historically harvested a larger
percentage of herring than other gear
types and are able to fish offshore, the
Council recommended prohibiting them
from inshore waters to help ensure
herring was available inshore for other
user groups and predators of herring.
The proposed inshore midwater trawl
restricted area is designed to be
reasonably large enough to address the
overlap between midwater trawl vessels
and other user groups and, ultimately,
user group conflict in inshore waters.
This proposed measure is likely to
negatively impact the midwater trawl
fleet, with potentially increased trip
costs and lower annual catches, but the
Council believes that, on balance, the
benefits to other user groups, such as
potentially reduced trips costs, higher
annual catches, and improved safety,
outweigh the costs to midwater trawl
vessels. The proposed measure may also
have biological benefits if moving
midwater trawl vessels offshore
minimizes catch of river herring and
shad, reduces fishing pressure on the
inshore component of the herring stock,
and helps ensure herring are available to
predators. Herring is currently assessed
as one stock, but it likely has stock
components. Reducing fishing pressure
inshore would benefit an inshore stock
component. Analyses in Amendment 8
estimate that in recent years
approximately 30 percent of the
midwater trawl fleet’s annualized
revenue came from within the proposed
inshore midwater trawl restricted area.
Negative economic impacts on the
midwater trawl fleet may be mitigated if
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the fleet is able to offset lost revenue
from inshore areas with increased
revenue from offshore areas. Herring
catch limits are currently low, so the
fishery has the capacity to harvest the
OY. Recent midwater trawl landings
(2007–2015) offshore of the proposed
midwater trawl restricted area (36,903
mt) are much higher than the Councilrecommended OY for 2020 and 2021
(11,621 mt). In the longer-term, the
fishery will likely adapt to be able
harvest an increased OY, provided
vessels are able to locate herring.
Public Comment Instructions
The Magnuson-Stevens Act allows us
to approve, partially approve, or
disapprove measures recommended by
the Council in an amendment based on
whether the measures are consistent
with the fishery management plan, plan
amendment, the Magnuson-Stevens Act
and its National Standards, and other
applicable law. The Council develops
policy for its fisheries and we defer to
the Council on policy decisions unless
those policies are inconsistent with the
Magnuson-Steven Act or other
applicable law. As such, we are seeking
comment on whether measures in
Amendment 8 are consistent with the
Herring FMP, the Magnuson-Stevens
Act and its National Standards, and
other applicable law. Public comments
on Amendment 8 and its incorporated
documents may be submitted through
the end of the comment period stated in
this notice of availability. A proposed
rule to implement the amendment,
including draft regulatory text, will be
published in the Federal Register for
public comment. Public comments on
the proposed rule received by the end
of the comment period provided in this
notice of availability will be considered
in the approval/disapproval decision on
the amendment. All comments received
by October 21, 2019, whether
specifically directed to Amendment 8 or
the proposed rule for this amendment,
will be considered in the approval/
disapproval decision on the
Amendment 8. Comments received after
that date will not be considered in the
decision to approve or disapprove the
amendment. To be considered,
comments must be received by close of
business on the last day of the comment
period.
Authority: 16 U.S.C. 1801 et seq.
Dated: August 16, 2019.
Alan D. Risenhoover,
Director, Office of Sustainable Fisheries,
National Marine Fisheries Service.
[FR Doc. 2019–18032 Filed 8–20–19; 8:45 am]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 679
RIN 0648–BJ02
Fisheries of the Exclusive Economic
Zone Off Alaska; Pacific Cod
Management in the Groundfish
Fisheries of the Bering Sea and
Aleutian Islands
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Notice of availability of fishery
management plan amendment; request
for comments.
AGENCY:
The North Pacific Fishery
Management Council submitted
Amendment 120 to the Fishery
Management Plan (FMP) for Groundfish
of the Bering Sea and Aleutian Islands
(BSAI) Management Area (BSAI FMP)
and Amendment 108 to the Fishery
Management Plan for Groundfish of the
Gulf of Alaska (GOA) (GOA FMP;
collectively Amendments 120/108) to
the Secretary of Commerce for review. If
approved, Amendment 120 would limit
the number of catcher/processors (C/Ps)
acting as motherships receiving and
processing Pacific cod from catcher
vessels (CVs) directed fishing for Pacific
cod in the BSAI non-Community
Development Quota (CDQ) Program
trawl fishery. If approved, Amendments
120/108 would prohibit replaced
Amendment 80 C/Ps from receiving and
processing Pacific cod harvested and
delivered by CVs directed fishing for
Pacific cod in the BSAI and GOA.
DATES: Comments must be received no
later than October 21, 2019.
ADDRESSES: You may submit comments
on this document, identified by NOAA–
NMFS–2019–0060, by any of the
following methods:
• Electronic Submission: Submit all
electronic public comments via the
Federal e Rulemaking Portal. Go to
www.regulations.gov/
#!docketDetail;D=NOAA-NMFS-20190060, 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. Mail
comments to P.O. Box 21668, Juneau,
AK 99802–1668.
Instructions: Comments sent by any
other method, to any other address or
SUMMARY:
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Federal Register / Vol. 84, No. 162 / Wednesday, August 21, 2019 / Proposed Rules
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 Amendment 120
to the BSAI FMP, Amendment 108 to
the GOA FMP, the Regulatory Impact
Review (RIR; referred to as the
‘‘Analysis’’) and the draft National
Environmental Policy Act (NEPA)
Categorical Exclusion evaluation
document may be obtained from
www.regulations.gov.
FOR FURTHER INFORMATION CONTACT:
Bridget Mansfield, (907) 586–7228.
SUPPLEMENTARY INFORMATION: The
Magnuson-Stevens Act requires that
each regional fishery management
council submit any FMP amendment it
prepares to NMFS for review and
approval, disapproval, or partial
approval by the Secretary of Commerce.
The Magnuson-Stevens Act also
requires that NMFS, upon receiving a
fishery management plan amendment,
immediately publish a notice in the
Federal Register announcing that the
amendment is available for public
review and comment. This notice
announces that proposed Amendment
120 to the BSAI FMP and Amendment
108 to the GOA FMP are available for
public review and comment.
NMFS manages the groundfish
fisheries in the exclusive economic zone
under the BSAI and GOA FMPs. The
North Pacific Fishery Management
Council (Council) prepared the BSAI
and GOA FMPs under the authority of
the Magnuson-Stevens Act, 16 U.S.C.
1801 et seq. Regulations governing U.S.
fisheries and implementing the BSAI
and GOA FMPs appear at 50 CFR parts
600 and 679.
Amendments 120/108 would (1)
establish eligibility criteria, based on
historical participation, for an
endorsement to groundfish License
Limitation Program (LLP) licenses for a
C/P to operate as a mothership in the
BSAI non-CDQ Pacific cod trawl CV
directed fishery; (2) issue an
endorsement to those groundfish LLP
licenses that meet the eligibility criteria;
(3) authorize receipt and processing of
Pacific cod deliveries from directed
fishing in the BSAI non-CDQ Pacific cod
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trawl CV fishery by only those C/Ps
designated on a groundfish LLP license
with a BSAI Pacific cod trawl
mothership endorsement; and (4)
prohibit Amendment 80 sector C/Ps not
designated on an Amendment 80 Quota
Share (QS) permit and an Amendment
80 LLP license or not designated on an
Amendment 80 LLP/QS license from
receiving and processing Pacific cod
harvested from directed fishing in the
Pacific cod fisheries in the BSAI and
GOA.
Amendments 120/108 are necessary
to prevent increased participation by
C/Ps operating as motherships from
reducing the benefits the fishery
provides to C/Ps and shoreside
processors with long term, sustained
participation in the BSAI non-CDQ
trawl fishery in which CVs are directed
fishing for Pacific cod, help to stabilize
the fishing season duration in that
fishery, and prevent replaced
Amendment 80 C/Ps from operating as
motherships.
Amendment 120 to the BSAI FMP
would amend the species and gear
endorsements on groundfish LLP
licenses. The LLP was implemented
under Amendments 39 and 41 to the
FMP, and NMFS published the final
rule to implement these amendments on
October 1, 1998 (63 FR 52642). The LLP
limits access to the groundfish, crab,
and scallop fisheries in the BSAI and
the GOA, by requiring that persons hold
and assign a license to each vessel that
is used to fish in federally managed
fisheries, with some limited
exemptions. The LLP is intended to
prevent unlimited entry into federally
managed fisheries and to limit the
ability of a person to assign an LLP
license derived from the historic
landing activity of a vessel in one area,
using a specific fishing gear or
operational type, to be used in other
areas, with other gears, or for other
operational types in a manner that could
expand fishing capacity. Licenses issued
under the LLP authorize, through
individual endorsements, fishing
activities in specific fishing areas, gear
types, and vessel operations as CVs or
C/Ps. Once issued, the components of
the LLP license cannot be transferred
independently.
Amendment 120 would implement a
new groundfish LLP license
endorsement to authorize a C/P to
operate as a mothership, as defined at
§ 679.2, to receive and process Pacific
cod from CVs directed fishing in the
BSAI non-CDQ Pacific cod trawl CV
fishery. C/Ps without this endorsement
would not be authorized to receive and
process Pacific cod from CVs directed
fishing in the BSAI non-CDQ Pacific cod
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43577
trawl CV fishery. For purposes of this
notice, that fishery will be referred to as
the BSAI non-CDQ Pacific cod trawl CV
directed fishery. The Council
determined, and NMFS agrees, that this
action is an appropriate response to a
sharp increase in C/P participation
operating as motherships in the BSAI
non-CDQ Pacific cod trawl CV directed
fishery beginning in 2016. This increase
shifted historical patterns of harvest
processing from shoreside plants to
offshore C/Ps, which has caused
concern over the reduced benefits to
C/Ps and shoreside processors with long
term, sustained participation in the
fishery. This shift has also resulted in a
shorter fishing season from 2016
through 2019, causing vessel crowding
on the fishing grounds and raising
concerns for vessel safety and increased
PSC rates.
In April 2019, the Council adopted
Amendment 120 to the BSAI FMP,
which would limit the number of C/Ps
operating as motherships receiving and
processing Pacific cod in the BSAI nonCDQ Pacific cod trawl CV directed
fishery. If approved, Amendment 120
would amend the BSAI FMP to require
a C/P be designated on a groundfish LLP
license with a BSAI Pacific cod trawl
mothership endorsement to receive and
process Pacific cod delivered by CVs in
the BSAI non-CDQ Pacific cod trawl CV
directed fishery. A groundfish LLP
license would receive the endorsement
if a vessel designated on it is credited
with receiving and processing at least
one legal mothership trip target of
Pacific cod in the BSAI non-CDQ Pacific
cod trawl CV directed fishery each year
from 2015 through 2017. Under BSAI
Amendment 120, ‘‘mothership trip
target’’ would mean, in the aggregate,
the groundfish species that is delivered
by a CV to a given C/P operating as a
mothership in an amount greater than
the retained amount of any other
groundfish species delivered by the
same CV to the same C/P for a given
week.
In April 2019, the Council also
adopted GOA Amendment 108.
Amendments 120/108 would prohibit
Amendment 80 sector C/Ps from
receiving and processing Pacific cod
harvested by vessels directed fishing for
Pacific cod in the BSAI and GOA, if the
C/P was not designated on an
Amendment 80 QS permit and an
Amendment 80 LLP license or not
designated on an Amendment 80 LLP/
QS license.
Amendment 120 would amend four
sections of the BSAI FMP. First, in
Table ES–2 in the Executive Summary,
row ‘‘License and Permits’’ would have
a sentence added to read, ‘‘Catcher/
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processor vessels receiving and
processing Pacific cod harvested by
catcher vessels directed fishing using
trawl gear in the BSAI non-Community
Development Quota Program Pacific cod
fishery must qualify for a BSAI Pacific
cod trawl mothership endorsement.’’
The same row, ‘‘License and Permits,’’
would have a second sentence added to
read, ‘‘All Amendment 80 vessels not
designated on an Amendment 80 QS
permit and an Amendment 80 LLP
license or on an Amendment 80 LLP/QS
license are prohibited from receiving
and processing Pacific cod harvested by
a vessel directed fishing for Pacific cod
in the BSAI.’’
Second, BSAI FMP Section ‘‘3.3.1.3
Species and Gear Endorsements for
Vessels Using Trawl Gear’’ would have
a sentence added to read that ‘‘A
catcher/processor vessel receiving and
processing Pacific cod harvested by
catcher vessels directed fishing using
trawl gear in the BSAI non-Community
Development Quota Program Pacific cod
fishery must hold an area endorsement
and general license with a BSAI Pacific
cod trawl mothership endorsement.’’ A
second sentence would be added to
read, ‘‘BSAI non-Community
Development Quota Program Pacific
cod. An LLP license must be credited
with receiving and processing at least
one mothership trip target delivered by
a catcher vessel directed fishing using
trawl gear in the BSAI non-Community
Development Quota Program Pacific cod
fishery in each year from 2015 through
2017.’’
Third, a new BSAI FMP Section
‘‘3.7.5.8.4 Limitations on Replaced
Amendment 80 Vessels’’ would have a
sentence added to read, ‘‘All
Amendment 80 vessels not designated
on an Amendment 80 QS permit and an
Amendment 80 LLP license or on an
Amendment 80 LLP/QS license is
prohibited from receiving and
processing Pacific cod harvested by a
vessel directed fishing for Pacific cod in
the BSAI.’’
Finally, a section would be added to
Appendix A of the BSAI FMP that
summarizes the main provisions of
Amendment 120, and the Table of
Contents would be revised accordingly.
Amendment 108 to the GOA FMP
would amend two sections of the GOA
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FMP. First, in Table ES–2 in the
Executive Summary, row ‘‘Participation
Restrictions’’ would have a sentence
added to read, ‘‘All Amendment 80
vessels not designated on an
Amendment 80 QS permit and an
Amendment 80 LLP license or on an
Amendment 80 LLP/QS license are
prohibited from receiving and
processing Pacific cod harvested by a
vessel directed fishing for Pacific cod in
the GOA.’’
Second, GOA FMP Section 3.3.3,
‘‘Access Limitations’’ would add a new
sentence that reads, ‘‘All Amendment
80 vessels not designated on an
Amendment 80 QS permit and an
Amendment 80 LLP license or on an
Amendment 80 LLP/QS license are
prohibited from receiving and
processing Pacific cod harvested by a
vessel directed fishing for Pacific cod in
the GOA.’’
Finally, a section would be added to
Appendix A of the GOA FMP that
summarizes the main provisions of
Amendment 108, and the Table of
Contents would be revised.
The proposed rule to implement
proposed Amendments 120/108
provides the details of the eligibility
criteria for a BSAI Pacific cod trawl
mothership endorsement to a
groundfish LLP license, the process to
establish eligibility of individual
groundfish LLP licenses based on
historical participation in the fishery,
and issuance of the endorsements. The
specific groundfish LLP licenses eligible
for such an endorsement will be named
in the proposed rule and in the
regulations implementing the rule. The
proposed rule also provides details on
the prohibition of replaced Amendment
80 C/Ps operating as a mothership in the
BSAI and GOA Pacific cod fisheries.
Before adopting its preferred
alternatives for Amendment 120, the
Council considered a range of historical
participation levels to qualify for an
endorsement authorizing a C/P to
operate as a mothership in the fishery,
as well as a range of limits on the
amount of Pacific cod that could be
received and processed by C/Ps
operating as a mothership in the fishery.
The Council determined, and NMFS
agrees, that the eligibility requirements
for a BSAI Pacific cod trawl mothership
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endorsement under Amendment 120
would balance the need to limit entry of
additional C/Ps operating as
motherships in the BSAI directed, nonCDQ Pacific cod trawl CV fishery with
the need to continue to provide
processing opportunities for C/Ps with
long term, sustained participation
operating as motherships and shoreside
processors in the fishery consistent with
historical patterns of Pacific cod
deliveries. The Council also determined,
and NMFS agrees, a prohibition on
allowing replaced Amendment 80 C/Ps
to operate as a mothership in the BSAI
and GOA Pacific cod fisheries is
necessary to implement the Council’s
intent to prevent replaced Amendment
80 C/Ps from operating as motherships
once they leave the Amendment 80
Program.
NMFS is soliciting public comments
on proposed Amendments 120/108
through the end of the comment period
(see DATES). NMFS intends to publish in
the Federal Register and seek public
comment on the proposed rule that
would implement Amendments 120/108
following NMFS’s evaluation of the
proposed rule under the MagnusonStevens Act.
Respondents do not need to submit
the same comments on Amendments
120/108 and the proposed rule. All
relevant written comments received by
the end of the applicable comment
period, whether specifically directed at
the FMP amendments or the proposed
rule will be considered by NMFS in the
approval/disapproval decision for
Amendments 120/108 and addressed in
the response to comments in the final
decision. Comments received after the
end of the applicable comment period
will not be considered in the approval/
disapproval decision on Amendments
120/108. To be considered, comments
must be received, not just postmarked or
otherwise transmitted, by the last day of
the comment period (see DATES).
Authority: 16 U.S.C. 1801 et seq.
Dated: August 15, 2019.
Alan D. Risenhoover,
Director, Office of Sustainable Fisheries,
National Marine Fisheries Service.
[FR Doc. 2019–17907 Filed 8–20–19; 8:45 am]
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]]>Agencies
[Federal Register Volume 84, Number 162 (Wednesday, August 21, 2019)]
[Proposed Rules]
[Pages 43576-43578]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-17907]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 679
RIN 0648-BJ02
Fisheries of the Exclusive Economic Zone Off Alaska; Pacific Cod
Management in the Groundfish Fisheries of the Bering Sea and Aleutian
Islands
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Notice of availability of fishery management plan amendment;
request for comments.
-----------------------------------------------------------------------
SUMMARY: The North Pacific Fishery Management Council submitted
Amendment 120 to the Fishery Management Plan (FMP) for Groundfish of
the Bering Sea and Aleutian Islands (BSAI) Management Area (BSAI FMP)
and Amendment 108 to the Fishery Management Plan for Groundfish of the
Gulf of Alaska (GOA) (GOA FMP; collectively Amendments 120/108) to the
Secretary of Commerce for review. If approved, Amendment 120 would
limit the number of catcher/processors (C/Ps) acting as motherships
receiving and processing Pacific cod from catcher vessels (CVs)
directed fishing for Pacific cod in the BSAI non-Community Development
Quota (CDQ) Program trawl fishery. If approved, Amendments 120/108
would prohibit replaced Amendment 80 C/Ps from receiving and processing
Pacific cod harvested and delivered by CVs directed fishing for Pacific
cod in the BSAI and GOA.
DATES: Comments must be received no later than October 21, 2019.
ADDRESSES: You may submit comments on this document, identified by
NOAA-NMFS-2019-0060, by any of the following methods:
Electronic Submission: Submit all electronic public
comments via the Federal e Rulemaking Portal. Go to
www.regulations.gov/#!docketDetail;D=NOAA-NMFS-2019-0060, 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. Mail comments to P.O. Box 21668, Juneau, AK 99802-1668.
Instructions: Comments sent by any other method, to any other
address or
[[Page 43577]]
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 Amendment 120 to the BSAI FMP, Amendment 108
to the GOA FMP, the Regulatory Impact Review (RIR; referred to as the
``Analysis'') and the draft National Environmental Policy Act (NEPA)
Categorical Exclusion evaluation document may be obtained from
www.regulations.gov.
FOR FURTHER INFORMATION CONTACT: Bridget Mansfield, (907) 586-7228.
SUPPLEMENTARY INFORMATION: The Magnuson-Stevens Act requires that each
regional fishery management council submit any FMP amendment it
prepares to NMFS for review and approval, disapproval, or partial
approval by the Secretary of Commerce. The Magnuson-Stevens Act also
requires that NMFS, upon receiving a fishery management plan amendment,
immediately publish a notice in the Federal Register announcing that
the amendment is available for public review and comment. This notice
announces that proposed Amendment 120 to the BSAI FMP and Amendment 108
to the GOA FMP are available for public review and comment.
NMFS manages the groundfish fisheries in the exclusive economic
zone under the BSAI and GOA FMPs. The North Pacific Fishery Management
Council (Council) prepared the BSAI and GOA FMPs under the authority of
the Magnuson-Stevens Act, 16 U.S.C. 1801 et seq. Regulations governing
U.S. fisheries and implementing the BSAI and GOA FMPs appear at 50 CFR
parts 600 and 679.
Amendments 120/108 would (1) establish eligibility criteria, based
on historical participation, for an endorsement to groundfish License
Limitation Program (LLP) licenses for a C/P to operate as a mothership
in the BSAI non-CDQ Pacific cod trawl CV directed fishery; (2) issue an
endorsement to those groundfish LLP licenses that meet the eligibility
criteria; (3) authorize receipt and processing of Pacific cod
deliveries from directed fishing in the BSAI non-CDQ Pacific cod trawl
CV fishery by only those C/Ps designated on a groundfish LLP license
with a BSAI Pacific cod trawl mothership endorsement; and (4) prohibit
Amendment 80 sector C/Ps not designated on an Amendment 80 Quota Share
(QS) permit and an Amendment 80 LLP license or not designated on an
Amendment 80 LLP/QS license from receiving and processing Pacific cod
harvested from directed fishing in the Pacific cod fisheries in the
BSAI and GOA.
Amendments 120/108 are necessary to prevent increased participation
by C/Ps operating as motherships from reducing the benefits the fishery
provides to C/Ps and shoreside processors with long term, sustained
participation in the BSAI non-CDQ trawl fishery in which CVs are
directed fishing for Pacific cod, help to stabilize the fishing season
duration in that fishery, and prevent replaced Amendment 80 C/Ps from
operating as motherships.
Amendment 120 to the BSAI FMP would amend the species and gear
endorsements on groundfish LLP licenses. The LLP was implemented under
Amendments 39 and 41 to the FMP, and NMFS published the final rule to
implement these amendments on October 1, 1998 (63 FR 52642). The LLP
limits access to the groundfish, crab, and scallop fisheries in the
BSAI and the GOA, by requiring that persons hold and assign a license
to each vessel that is used to fish in federally managed fisheries,
with some limited exemptions. The LLP is intended to prevent unlimited
entry into federally managed fisheries and to limit the ability of a
person to assign an LLP license derived from the historic landing
activity of a vessel in one area, using a specific fishing gear or
operational type, to be used in other areas, with other gears, or for
other operational types in a manner that could expand fishing capacity.
Licenses issued under the LLP authorize, through individual
endorsements, fishing activities in specific fishing areas, gear types,
and vessel operations as CVs or C/Ps. Once issued, the components of
the LLP license cannot be transferred independently.
Amendment 120 would implement a new groundfish LLP license
endorsement to authorize a C/P to operate as a mothership, as defined
at Sec. 679.2, to receive and process Pacific cod from CVs directed
fishing in the BSAI non-CDQ Pacific cod trawl CV fishery. C/Ps without
this endorsement would not be authorized to receive and process Pacific
cod from CVs directed fishing in the BSAI non-CDQ Pacific cod trawl CV
fishery. For purposes of this notice, that fishery will be referred to
as the BSAI non-CDQ Pacific cod trawl CV directed fishery. The Council
determined, and NMFS agrees, that this action is an appropriate
response to a sharp increase in C/P participation operating as
motherships in the BSAI non-CDQ Pacific cod trawl CV directed fishery
beginning in 2016. This increase shifted historical patterns of harvest
processing from shoreside plants to offshore C/Ps, which has caused
concern over the reduced benefits to C/Ps and shoreside processors with
long term, sustained participation in the fishery. This shift has also
resulted in a shorter fishing season from 2016 through 2019, causing
vessel crowding on the fishing grounds and raising concerns for vessel
safety and increased PSC rates.
In April 2019, the Council adopted Amendment 120 to the BSAI FMP,
which would limit the number of C/Ps operating as motherships receiving
and processing Pacific cod in the BSAI non-CDQ Pacific cod trawl CV
directed fishery. If approved, Amendment 120 would amend the BSAI FMP
to require a C/P be designated on a groundfish LLP license with a BSAI
Pacific cod trawl mothership endorsement to receive and process Pacific
cod delivered by CVs in the BSAI non-CDQ Pacific cod trawl CV directed
fishery. A groundfish LLP license would receive the endorsement if a
vessel designated on it is credited with receiving and processing at
least one legal mothership trip target of Pacific cod in the BSAI non-
CDQ Pacific cod trawl CV directed fishery each year from 2015 through
2017. Under BSAI Amendment 120, ``mothership trip target'' would mean,
in the aggregate, the groundfish species that is delivered by a CV to a
given C/P operating as a mothership in an amount greater than the
retained amount of any other groundfish species delivered by the same
CV to the same C/P for a given week.
In April 2019, the Council also adopted GOA Amendment 108.
Amendments 120/108 would prohibit Amendment 80 sector C/Ps from
receiving and processing Pacific cod harvested by vessels directed
fishing for Pacific cod in the BSAI and GOA, if the C/P was not
designated on an Amendment 80 QS permit and an Amendment 80 LLP license
or not designated on an Amendment 80 LLP/QS license.
Amendment 120 would amend four sections of the BSAI FMP. First, in
Table ES-2 in the Executive Summary, row ``License and Permits'' would
have a sentence added to read, ``Catcher/
[[Page 43578]]
processor vessels receiving and processing Pacific cod harvested by
catcher vessels directed fishing using trawl gear in the BSAI non-
Community Development Quota Program Pacific cod fishery must qualify
for a BSAI Pacific cod trawl mothership endorsement.'' The same row,
``License and Permits,'' would have a second sentence added to read,
``All Amendment 80 vessels not designated on an Amendment 80 QS permit
and an Amendment 80 LLP license or on an Amendment 80 LLP/QS license
are prohibited from receiving and processing Pacific cod harvested by a
vessel directed fishing for Pacific cod in the BSAI.''
Second, BSAI FMP Section ``3.3.1.3 Species and Gear Endorsements
for Vessels Using Trawl Gear'' would have a sentence added to read that
``A catcher/processor vessel receiving and processing Pacific cod
harvested by catcher vessels directed fishing using trawl gear in the
BSAI non-Community Development Quota Program Pacific cod fishery must
hold an area endorsement and general license with a BSAI Pacific cod
trawl mothership endorsement.'' A second sentence would be added to
read, ``BSAI non-Community Development Quota Program Pacific cod. An
LLP license must be credited with receiving and processing at least one
mothership trip target delivered by a catcher vessel directed fishing
using trawl gear in the BSAI non-Community Development Quota Program
Pacific cod fishery in each year from 2015 through 2017.''
Third, a new BSAI FMP Section ``3.7.5.8.4 Limitations on Replaced
Amendment 80 Vessels'' would have a sentence added to read, ``All
Amendment 80 vessels not designated on an Amendment 80 QS permit and an
Amendment 80 LLP license or on an Amendment 80 LLP/QS license is
prohibited from receiving and processing Pacific cod harvested by a
vessel directed fishing for Pacific cod in the BSAI.''
Finally, a section would be added to Appendix A of the BSAI FMP
that summarizes the main provisions of Amendment 120, and the Table of
Contents would be revised accordingly.
Amendment 108 to the GOA FMP would amend two sections of the GOA
FMP. First, in Table ES-2 in the Executive Summary, row ``Participation
Restrictions'' would have a sentence added to read, ``All Amendment 80
vessels not designated on an Amendment 80 QS permit and an Amendment 80
LLP license or on an Amendment 80 LLP/QS license are prohibited from
receiving and processing Pacific cod harvested by a vessel directed
fishing for Pacific cod in the GOA.''
Second, GOA FMP Section 3.3.3, ``Access Limitations'' would add a
new sentence that reads, ``All Amendment 80 vessels not designated on
an Amendment 80 QS permit and an Amendment 80 LLP license or on an
Amendment 80 LLP/QS license are prohibited from receiving and
processing Pacific cod harvested by a vessel directed fishing for
Pacific cod in the GOA.''
Finally, a section would be added to Appendix A of the GOA FMP that
summarizes the main provisions of Amendment 108, and the Table of
Contents would be revised.
The proposed rule to implement proposed Amendments 120/108 provides
the details of the eligibility criteria for a BSAI Pacific cod trawl
mothership endorsement to a groundfish LLP license, the process to
establish eligibility of individual groundfish LLP licenses based on
historical participation in the fishery, and issuance of the
endorsements. The specific groundfish LLP licenses eligible for such an
endorsement will be named in the proposed rule and in the regulations
implementing the rule. The proposed rule also provides details on the
prohibition of replaced Amendment 80 C/Ps operating as a mothership in
the BSAI and GOA Pacific cod fisheries.
Before adopting its preferred alternatives for Amendment 120, the
Council considered a range of historical participation levels to
qualify for an endorsement authorizing a C/P to operate as a mothership
in the fishery, as well as a range of limits on the amount of Pacific
cod that could be received and processed by C/Ps operating as a
mothership in the fishery. The Council determined, and NMFS agrees,
that the eligibility requirements for a BSAI Pacific cod trawl
mothership endorsement under Amendment 120 would balance the need to
limit entry of additional C/Ps operating as motherships in the BSAI
directed, non-CDQ Pacific cod trawl CV fishery with the need to
continue to provide processing opportunities for C/Ps with long term,
sustained participation operating as motherships and shoreside
processors in the fishery consistent with historical patterns of
Pacific cod deliveries. The Council also determined, and NMFS agrees, a
prohibition on allowing replaced Amendment 80 C/Ps to operate as a
mothership in the BSAI and GOA Pacific cod fisheries is necessary to
implement the Council's intent to prevent replaced Amendment 80 C/Ps
from operating as motherships once they leave the Amendment 80 Program.
NMFS is soliciting public comments on proposed Amendments 120/108
through the end of the comment period (see DATES). NMFS intends to
publish in the Federal Register and seek public comment on the proposed
rule that would implement Amendments 120/108 following NMFS's
evaluation of the proposed rule under the Magnuson-Stevens Act.
Respondents do not need to submit the same comments on Amendments
120/108 and the proposed rule. All relevant written comments received
by the end of the applicable comment period, whether specifically
directed at the FMP amendments or the proposed rule will be considered
by NMFS in the approval/disapproval decision for Amendments 120/108 and
addressed in the response to comments in the final decision. Comments
received after the end of the applicable comment period will not be
considered in the approval/disapproval decision on Amendments 120/108.
To be considered, comments must be received, not just postmarked or
otherwise transmitted, by the last day of the comment period (see
DATES).
Authority: 16 U.S.C. 1801 et seq.
Dated: August 15, 2019.
Alan D. Risenhoover,
Director, Office of Sustainable Fisheries, National Marine Fisheries
Service.
[FR Doc. 2019-17907 Filed 8-20-19; 8:45 am]
BILLING CODE 3510-22-P
