Fisheries of the Exclusive Economic Zone off Alaska; Authorize the Retention of Halibut in Pot Gear in the BSAI; Amendment 118, 840-850 [2019-27903]

Agencies

• DEPARTMENT OF COMMERCE
• National Oceanic and Atmospheric Administration

[Federal Register Volume 85, Number 5 (Wednesday, January 8, 2020)]
[Rules and Regulations]
[Pages 840-850]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-27903]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Parts 300, 600, and 679

[Docket No.: 191219-0121]
RIN 0648-BI65


Fisheries of the Exclusive Economic Zone off Alaska; Authorize 
the Retention of Halibut in Pot Gear in the BSAI; Amendment 118

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

ACTION: Final rule.

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SUMMARY: NMFS issues a final rule that implements Amendment 118 to the 
Fishery Management Plan for Groundfish of the Bering Sea and Aleutian 
Islands Management Area (BSAI FMP) and a regulatory amendment that 
revises regulations on Vessel Monitoring System (VMS) requirements in 
the Bering Sea and Aleutian Islands (BSAI) and Gulf of Alaska (GOA). 
This final rule is necessary to improve efficiency and provide economic 
benefits for the Individual Fishing Quota (IFQ) and Community 
Development Quota (CDQ) fleets, minimize whale depredation and seabird 
interactions in the IFQ and CDQ fisheries, and reduce the risk of 
exceeding an overfishing limit for any species. This final rule is 
intended to promote the goals and objectives of the Magnuson-Stevens 
Fishery Conservation and Management Act (Magnuson-Stevens Act), the 
Northern Pacific Halibut Act of 1982 (Halibut Act), the BSAI FMP, and 
other applicable laws.

DATES: This rule is effective on February 7, 2020.

ADDRESSES: Electronic copies of the Environmental Assessment and the 
Regulatory Impact Review (collectively referred to as the ``Analysis'') 
and the Finding of No Significant Impact prepared for this final rule 
may be obtained from https://

[[Page 841]]

www.regulations.gov or from the NMFS Alaska Region website at https://www.fisheries.noaa.gov/region/alaska.

FOR FURTHER INFORMATION CONTACT: Stephanie Warpinski, 907-586-7228.

SUPPLEMENTARY INFORMATION: NMFS published the Notice of Availability 
for Amendment 118 in the Federal Register on August 21, 2019 (84 FR 
43570), with public comments invited through October 21, 2019. NMFS 
published the proposed rule to implement Amendment 118 in the Federal 
Register on October 3, 2019 (84 FR 52852), and a correction to the 
proposed rule on October 28, 2019 (84 FR 57687), with public comments 
invited through November 4, 2019.
    The following summarizes the IFQ Program, the CDQ Program, the need 
for this final rule, and the anticipated effects of the final rule. 
Additional detail about this rule is provided in the preamble of the 
proposed rule and in the Analysis.

Background

    The North Pacific Fishery Management Council (Council) recommended 
Amendment 118 to the BSAI FMP (Amendment 118) to require the retention 
of halibut by vessels using pot gear in the IFQ and CDQ fisheries in 
the BSAI, to prohibit the use of pot gear in the Pribilof Island 
Habitat Conservation Zone (PIHCZ), to require vessels using pot gear to 
fish IFQ and CDQ to use logbooks and VMS, and to develop regulations 
that allow NMFS to limit or close IFQ or CDQ fishing for halibut if a 
groundfish or shellfish overfishing level (OFL) is approached, 
consistent with existing regulations for groundfish. In recommending 
Amendment 118, the Council intended to address whale depredation in the 
IFQ and CDQ fisheries and to improve harvest efficiency of halibut. The 
following sections summarize the IFQ and CDQ Program, the retention of 
halibut, limitations on the use of pot gear, and whale depredation in 
the BSAI. Additional detail is provided in the preamble to the proposed 
rule (84 FR 52852, October 3, 2019).
    The International Pacific Halibut Commission (IPHC) and NMFS manage 
fishing for Pacific halibut through regulations established under the 
authority of the Halibut Act. The IPHC develops 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. The IPHC's regulations are subject to 
approval by the Secretary of State with the concurrence of the 
Secretary of Commerce (Secretary). NMFS promulgates the IPHC's 
regulations as annual management measures pursuant to 50 CFR 300.62. 
The final rule implementing the 2019 annual management measures 
published March 14, 2019 (84 FR 9243).

The IFQ and CDQ Programs

    The commercial halibut and sablefish fisheries in the GOA and the 
BSAI management areas are managed under the IFQ Program that was 
implemented in 1995 (58 FR 59375, November 9, 1993). Section 4.5 of the 
Analysis (see ADDRESSES) and the preamble to the proposed rule (84 FR 
52852, October 3, 2019) provide additional information on the sablefish 
and halibut IFQ Program.
    The Western Alaska Community Development Program (CDQ Program) was 
implemented in 1992 (57 FR 54936, November 23, 1992). Section 4.5.2 of 
the Analysis provides additional detail on the history of the CDQ 
halibut fishery.
    The IFQ and CDQ fisheries are prosecuted in accordance with catch 
limits established by regulatory areas. The sablefish IFQ regulatory 
areas defined for sablefish in the BSAI are the Bering Sea (BS) and the 
Aleutian Islands (AI). The sablefish regulatory areas are shown in 
Figure 14 to 50 CFR part 679.
    This rule implements provisions that affect IFQ halibut and CDQ 
halibut fisheries in the BSAI. The IPHC defines halibut regulatory 
areas (Areas). The Areas are defined in 50 CFR part 679 and described 
in Figure 15 to 50 CFR part 679 and Section 1.3 of the Analysis. Action 
1 under this final rule is described below and applies within Areas 4B, 
4C, 4D, 4E, and that portion of Area 4A that occurs in the Bering Sea 
and Aleutian Islands Management Area defined in the BSAI FMP.

Retention of Halibut by IFQ Sablefish Fishermen Using Authorized Gear

    In the BSAI, IFQ sablefish fishermen who also hold halibut IFQ are 
required to retain halibut of legal-size. Many IFQ fishermen hold both 
sablefish and halibut IFQ, and the species can overlap in some fishing 
areas (see Section 4.5.2 of the Analysis).
    In 2018, the IPHC recommended, and the U.S. approved, regulations 
to authorize the retention of halibut by vessels using pot gear 
throughout Alaska (83 FR 10390, March 9, 2018). Section 20(1) of the 
IPHC's 2019 annual management measures authorizes a person to retain 
and possess IFQ halibut or CDQ halibut taken with hook-and-line or pot 
gear in the IFQ or CDQ fisheries provided retention and possession is 
authorized by NMFS regulations published at 50 CFR part 679. If the 
Secretary approves a final rule to implement Amendment 118, these new 
regulatory requirements would ensure consistency with the regulations 
promulgated under the Halibut Act (16 U.S.C. 773c(c)).

Limitations on the Use of Pot Gear To Reduce Bycatch Concerns

    Pribilof Islands Blue King Crab (PIBKC) occurs in the BSAI and is 
overfished and experienced overfishing most recently in 2016. Bycatch 
of PIBKC in pot gear is a concern in the BSAI, particularly in areas 
where PIBKC are concentrated. The greatest concentration of PIBKC is 
within the PIHCZ, a portion of the BSAI that overlaps with IFQ and CDQ 
halibut and sablefish fisheries. Section 3.6 of the Analysis provides 
more information about PIBKC and the PIHCZ.
    In addition to the current closure of the PIHCZ to all trawl gear 
and Pacific cod pot gear, regulations in Sec.  679.25 provide NMFS with 
inseason management authority to issue precise closures to BSAI 
groundfish and shellfish fisheries if a stock, in this case PIBKC, is 
approaching the OFL and if the closure is necessary to prevent 
overfishing.

Whale Depredation in the BSAI

    Participants in the BSAI IFQ fisheries indicated to the Council and 
NMFS that authorizing the use of pot gear for IFQ halibut fishing could 
reduce the adverse impacts of depredation for those vessel operators 
who choose to switch from hook-and-line to pot gear. Section 1.2 of the 
Analysis provides additional information on the Council's development 
and recommendation of Amendment 118 and this final rule.

This Final Rule

    This section describes the changes to current regulations. This 
final rule includes two actions that revise 50 CFR part 300, 50 CFR 
part 600, and 50 CFR part 679. The primary action, Action 1, implements 
management measures that authorize retention of legal-size halibut in 
pot gear in the BSAI. The scope of this action does not authorize the 
retention of IFQ or CDQ halibut in other directed pot fisheries, 
including crab fisheries and Pacific cod fisheries. Action 2 modifies 
regulations to provide clarity and to remove from regulation two VMS 
requirements that are no longer necessary.

Action 1: Authorize the Use of Pot Gear To Retain Halibut and Other 
Related Regulatory Provisions

    Action 1 includes the following five elements: (1) Authorizes 
retention of

[[Page 842]]

legal-size halibut in pot-and-line or longline pot gear used to fish 
for IFQ or CDQ halibut or sablefish in the BSAI and requires retention 
of legal-sized halibut provided the IFQ or CDQ permit holder holds 
sufficient halibut IFQ or CDQ for that retained halibut; (2) closes the 
PIHCZ to all groundfish and halibut fishing with pot gear; (3) removes 
the requirement for a 9-inch maximum width tunnel opening when an IFQ 
or CDQ permit holder fishes for halibut or sablefish IFQ in the BSAI 
with pot gear and is required to retain halibut; (4) clarifies the 
inseason management measures, as well as the required determinations, 
that NMFS will use to limit or close IFQ or CDQ fishing for halibut if 
an OFL is approached for a groundfish or shellfish species, consistent 
with regulations in place for groundfish; and (5) requires logbooks and 
VMS for all vessels using pot gear to retain halibut and sablefish and 
adds requirements for reporting on the Prior Notice Of Landing (PNOL).
    Action 1 does not authorize the retention of IFQ halibut or CDQ 
halibut in other directed pot fisheries, other than IFQ or CDQ 
sablefish or IFQ or CDQ halibut. An IFQ permit holder or a vessel 
fishing on behalf of a CDQ group is not permitted, nor required, to 
retain halibut on a pot fishing trip while directed fishing in other 
pot fisheries (e.g., Pacific cod or crab), even if they hold available 
IFQ or CDQ.
    The first element of Action 1 authorizes the harvest of IFQ halibut 
or CDQ halibut with pot gear and provides halibut quota holders the 
opportunity to use pot gear on a trip solely intended to harvest 
halibut, or on a mixed trip in which both halibut and sablefish are the 
intended target, provided the vessel has quota for the appropriate 
areas for both species. Section 679.7(f)(11) prohibits IFQ permit 
holders from discarding halibut or sablefish caught with fixed gear for 
which they hold unused halibut or sablefish IFQ for that vessel and IFQ 
regulatory area. Consistent with that regulatory requirement and with 
Sec.  679.42(m)(2) and (3), Action 1 prohibits IFQ and CDQ permit 
holders fishing in the BSAI with pot gear from discarding legal-size 
halibut for which they have the necessary quota. IFQ and CDQ 
participants that hold both sablefish and halibut quota will have more 
flexibility to use their quota opportunistically and minimize variable 
costs.
    This final rule revises the definition of ``Fishing'' at Sec.  
300.61 to include the deployment of pot gear in the BSAI halibut IFQ or 
CDQ fishery.
    This final rule revises Sec.  679.2 to include pot gear as 
authorized fishing gear in the BSAI IFQ and CDQ fisheries. 
Specifically, this final rule revises the definition of ``Fixed gear'' 
under the definition of ``Authorized fishing gear'' at Sec.  
679.2(4)(v) to include pot gear as an authorized gear in the BSAI IFQ 
halibut or CDQ halibut fishery. The regulations currently define fixed 
gear for sablefish harvested in the BSAI to include hook-and-line gear 
and pot gear (Sec.  679.2(4)(ii)). Fixed gear is a general term that 
describes multiple gear types allowed to fish sablefish and halibut 
under the IFQ and CDQ Programs and is referred to throughout 50 CFR 
part 679. This final rule revises Sec.  679.24 (and Sec.  679.42, 
discussed later) to require retention of halibut in pot gear in the 
BSAI IFQ and CDQ fisheries. Specifically, this final rule revises Sec.  
679.24(b) to require retention of groundfish for any person using 
longline pot gear while fishing for halibut in the BSAI. As revised, 
Sec.  679.24(b) now requires retention of groundfish for any person 
using longline pot gear while fishing for both sablefish and halibut in 
the BSAI.
    This final rule revises Sec.  679.42(b)(1)(i) to specify that IFQ 
halibut may be harvested using pot gear, but the final rule will not 
change the existing prohibition on the use of trawl gear to harvest IFQ 
halibut in any IFQ regulatory area.
    The second element of Action 1 closes the PIHCZ to all directed 
fishing for groundfish and halibut with pot gear. This final rule 
revises Sec.  679.22(a)(6) to implement that closure. Regulations at 
Sec.  679.22 already prohibit the use of pot gear to harvest Pacific 
cod in the PIHCZ. The Pacific cod pot fishery is the largest groundfish 
pot fishery in the BSAI. Closing the PIHCZ to all pot gear is necessary 
to avoid groundfish fishery and area closures that could be triggered 
by approaching an OFL for the PIBKC. Section 3.6 of the Analysis 
provides additional details on the distribution of halibut and 
potential overlap with PIBKC in the PIHCZ.
    The third element of Action 1 amends regulations at Sec.  679.2(15) 
that describe the definition of ``Authorized Fishing Gear'' to exempt 
vessel operators fishing halibut or sablefish IFQ or CDQ with pot gear 
from the requirement to have a tunnel opening no wider and no taller 
than 9 inches when the vessel operator is required to retain halibut. 
If the tunnel opening requirement remained in effect, the extent to 
which halibut quota holders in the BSAI could target halibut with pot 
gear would be greatly reduced, contrary to the intent of Amendment 118. 
Section 4.7.4.2 of the Analysis describes this element in more detail.
    The fourth element of Action 1 specifies the management measures, 
and required determinations, that NMFS will use to limit or close IFQ 
or CDQ fishing for halibut in the BSAI and GOA if an OFL for groundfish 
or shellfish is approached, consistent with regulations in place for 
directed fishing for groundfish. Under existing regulations at Sec.  
679.25, NMFS has the authority to limit or close groundfish fisheries, 
including the IFQ or CDQ sablefish fishery, to prevent overfishing of 
groundfish and shellfish species. However, these regulations do not 
apply to the IFQ or CDQ halibut fishery to prevent overfishing of 
groundfish or shellfish. While NMFS has authority under section 305(c) 
of the Magnuson-Stevens Act (16 U.S.C. 1855(c)) to enact emergency 
regulations to limit fishing to avoid exceeding an OFL and authority 
under the Halibut Act to implement measures that are in addition to and 
not in conflict with those adopted by the IPHC (16 U.S.C. 773c(c)), the 
specific regulatory measures that NMFS could use to limit or close 
halibut fishing to prevent overfishing are not described in regulation. 
This final rule revises Sec.  679.25 to specify the management measures 
NMFS can use, and the determinations required, to limit or close 
halibut fisheries in the BSAI and GOA in the event an OFL is approached 
for a groundfish or shellfish species, consistent with regulations in 
place for directed fishing for groundfish. These changes provide the 
public with a clear understanding of NMFS's regulatory authority to 
limit or close halibut directed fishing in the event that the OFL for 
PIBKC, or other groundfish or shellfish species, is approached. Section 
4.7.6 of the Analysis further describes this element in greater detail.
    The fifth element of Action 1 requires all vessels fishing IFQ or 
CDQ sablefish or halibut with pot gear to complete the Daily Fishing 
Logbook (DFL), to use VMS, and to provide additional pot gear 
information on the PNOL. A vessel operator records where and when 
fishing activity occurs and the number of sets and hauls in the DFL. 
There are several types of logbooks, including a DFL required by NMFS 
(Sec.  679.5) and an IPHC logbook. The Council's intent for this 
element is to require all vessels fishing IFQ or CDQ sablefish or 
halibut with pot gear to complete the DFL, and the final rule revises 
regulations at Sec.  679.5 accordingly. In addition, this final rule 
requires vessels to report specific information on the use of pot gear 
in the BSAI on the PNOL under Sec.  679.5, including adding the 
requirement to report the number of

[[Page 843]]

pots set, the number of pots lost, and the number of pots left deployed 
on the fishing grounds, in addition to the information they currently 
submit in the PNOL.
    Due to concern over additional pot fishing in the PIHCZ and within 
the PIBKC stock boundary area, this final rule revises Sec.  
679.7(f)(26) to prohibit vessels using pot gear to fish for IFQ or CDQ 
sablefish or halibut in the BSAI without functioning VMS equipment as 
required under Sec.  679.42(m).
    All vessels that participated in the BSAI IFQ or CDQ sablefish pot 
fishery have VMS and maintain a DFL already. However, additional 
vessels may use pot gear to harvest IFQ or CDQ halibut or sablefish in 
the future. Any additional vessels will be required to install VMS and 
begin maintaining a DFL, as well as report pot gear information on the 
PNOL, under this final rule. Section 4.7.5 of the Analysis provides 
more information supporting these monitoring and reporting provisions.
    To effectuate each of the five elements described above, the final 
rule revises Sec.  679.42 to specify at Sec.  679.42(m) the 
requirements for any vessel operator who fishes for IFQ or CDQ halibut 
or IFQ or CDQ sablefish in the BSAI using pot gear. This includes the 
requirements that all vessel operators must retain legal-sized halibut 
provided the operator has sufficient IFQ or CDQ for the retained 
halibut; that all vessel operators must comply with the VMS 
requirements; that all vessel operators must complete a DFL; and that 
all vessels operators must report pot gear set, lost, and left deployed 
on the fishing grounds when they submit a PNOL.
    Finally, to promote consistency and clarity with the provisions of 
this rule, this final rule makes editorial revisions throughout 
regulations at 50 CFR part 679. Existing regulations implementing the 
Observer Program state the gear type (hook-and-line) used to harvest 
halibut in the applicability paragraph for which vessels are in partial 
coverage or full coverage. Regulations at Sec.  679.51(a)(1)(i) are 
modified to remove the language describing the specific gear type used 
to fish for halibut, which is in accordance with this action that 
authorizes another specific gear type (pot) in addition to hook-and-
line gear. This is an editorial change that does not modify existing 
observer coverage requirements for vessels participating in the IFQ or 
CDQ halibut or sablefish fisheries.

Action 2: NMFS's Regulatory Amendment To Modify VMS Regulations

    Action 2 modifies regulations to remove certain provisions that are 
no longer required for management and enforcement purposes and makes 
other minor revisions to the regulations governing VMS. However, Action 
2 does not materially change existing VMS coverage, requirements, or 
equipment.
    First, this final rule removes from Sec.  679.28 a check-in 
requirement for vessel owners activating VMS for the first time. 
Currently, vessel owners are required to check in by fax to register a 
new unit with the NMFS Office of Law Enforcement (OLE) (Sec.  
679.28(f)(4)(ii)). This faxed check-in is no longer necessary because 
the information OLE needs about a new VMS unit is provided 
automatically by the VMS unit when the new unit is activated.
    Second, this action removes from Sec.  679.42 a requirement for 
vessel operators in the IFQ sablefish fisheries in BSAI and GOA to 
contact NMFS by phone and receive confirmation that their VMS unit is 
operating. Currently, vessel operators are required to call OLE at 
least 72 hours prior to fishing for IFQ sablefish in the BSAI and prior 
to using longline pot gear to fish for IFQ sablefish in the GOA (Sec.  
679.42(k)). These vessel clearance requirements are no longer needed 
because the VMS unit provides the information needed by OLE to monitor 
these fisheries.
    This action also modifies in Sec.  679.28(f)(6) the list of 
circumstances in which a VMS unit must be transmitting to include 
reference to all of the VMS requirements elsewhere in 50 CFR part 679 
and 50 CFR part 680. The current list is only a partial list of the VMS 
requirements in Federally-managed fisheries off Alaska. Completion of 
the list will reduce confusion about the VMS requirements under Sec.  
679.28(f), but it will not alter existing VMS requirements at Sec.  
679.28(f) when a VMS transmitter must be transmitting. The action also 
revises two cross references to the VMS requirements in Sec.  
679.7(a)(21) and (22) to more accurately refer to the VMS regulations 
in Sec.  679.28(f). This revision will provide greater clarity and 
specificity in the VMS regulations without changing existing VMS 
requirements.

Anticipated Effects of This Final Rule

    This section describes the final rule implementing Amendment 118 
and the anticipated effects on fishery participants and the 
environment.
    This final rule authorizes the use of pot gear in the IFQ and CDQ 
halibut fisheries and requires retention of legal-sized halibut in pot 
gear used in the existing IFQ and CDQ sablefish pot gear fisheries and 
in the new IFQ and CDQ halibut pot gear fisheries if the operator has 
sufficient IFQ or CDQ for the retained halibut. Pot gear includes pot-
and-line gear and longline pot gear. For additional information on 
longline gear, pot-and-line gear, and longline pot gear, see the 
definition of ``Authorized Fishing Gear'' in Sec.  679.2. This final 
rule could improve operational efficiency of vessels participating in 
the IFQ or CDQ halibut or sablefish pot fisheries by reducing the 
discard mortality associated with halibut discard in the existing 
sablefish pot fisheries and reducing whale depredation for vessels that 
choose to switch to pot gear instead of hook-and-line gear. Reducing 
bycatch and discard mortality of halibut in the sablefish pot fishery 
and reducing whale depredation of halibut and sablefish caught with pot 
gear will provide conservation benefits to these fishery resources 
(halibut and sablefish).
    Based on the analysis in Section 4.7.2 of the Analysis, the overall 
impact of this final rule on the hook-and-line IFQ or CDQ halibut 
fishery is likely to be small. As explained in Section 4.5.2 of the 
Analysis, vessel operators who switch to pot gear to harvest halibut 
could benefit from this final rule from reduced whale depredation, 
reduced operating costs, and reduced fishing time. The Analysis (see 
Section 4.7.2.1) recognizes that it is not possible to estimate how 
many hook-and-line vessel operators will switch to pot gear to harvest 
halibut under this final rule. The total number of vessels using pot 
gear will be limited by the costs of pot gear and vessel 
reconfiguration. For some vessel operators, reconfiguration costs will 
be prohibitive.
    To implement the Council's recommendation to close the PIHCZ to all 
fishing with pot gear, the final rule requires that all vessels 
retaining IFQ or CDQ halibut or sablefish in pot gear use logbooks and 
VMS to ensure consistency in monitoring fishery behavior.
    Section 304(d)(2)(A) of the Magnuson-Stevens Act obligates NMFS to 
recover the actual costs of management, data collection, and 
enforcement (direct program cost) of catch share programs, such as the 
IFQ fisheries (16 U.S.C. 1854(d)(2)(A)). Therefore, NMFS implemented a 
cost recovery fee program for the IFQ fisheries in 2000 (65 FR 14919, 
March 20, 2000). The cost to implement and manage the IFQ sablefish and 
halibut pot gear fishery are included in the annual calculation of 
NMFS's recoverable costs, and this final

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rule is included under this cost recovery program. These costs are part 
of the total management and enforcement costs used in the calculation 
of the annual fee percentage. While costs specific to the CDQ Program 
for halibut are recoverable through a separate cost recovery program 
(81 FR 150, January 5, 2016), this rule does not change the process 
that harvesters use to pay cost recovery fees.

Whale and Seabird Interactions

    If some portion of the IFQ and CDQ halibut fleet switches to pot 
gear, interactions between whales and the halibut fishery could 
decrease. Unaccounted halibut mortality due to depredation is expected 
to decline as IFQ and CDQ halibut fishermen voluntarily switch from 
hook-and-line gear to pot gear. Because the amount of depredation is 
not known with certainty, the potential effects of reduced depredation 
from this final rule cannot be quantified. Section 3.5 of the Analysis 
and the preamble of the proposed rule provides available information on 
the interactions of the IFQ fishery with killer whales and sperm 
whales. Section 3.5.3.2 of the Analysis and the preamble of the 
proposed rule describes whale entanglement with vertical gear lines in 
the water.
    This final rule will likely reduce the incidental catch of seabirds 
in the IFQ and CDQ halibut fisheries because it provides vessel 
operators with the opportunity to use pot gear, which has a lower 
incidental catch rate of seabirds than hook-and-line gear. In Section 
3.9 of the Analysis, NMFS compared the number of seabird mortalities by 
hook-and-line and pot gear and determined that a higher level of 
seabird mortality occurred with hook-and-line gear than pot gear.

Comments and Responses

    NMFS received 6 comment letters on the proposed rule. NMFS has 
summarized and responded to the 11 unique comments below. The comments 
were from individuals and industry representatives representing IFQ 
fishermen, CDQ communities, and crab fishermen.
    Comment 1: NMFS should prohibit all commercial fishing as well as 
prohibit pot gear, longline nets, and trawling in the PIHCZ.
    Response: NMFS disagrees. Prohibiting all commercial fishing would 
be outside of the scope of this final rule. This final rule is intended 
to authorize the retention of halibut in pot gear in the BSAI, while 
considering the impact on other species, consistent with the 
requirements of the Magnuson-Stevens Act and the Halibut Act. Under 
existing regulations at Sec.  679.22(a)(6), the PIHCZ is closed to all 
directed fishing for groundfish using trawl gear, and directed fishing 
for Pacific cod using pot gear. This final rule prohibits the use of 
any pot gear in the PIHCZ to minimize bycatch of PIBKC to the extent 
practicable, prevent overfishing, and support rebuilding of the PIBKC 
stock. Additional detail on the purpose of this rule is provided in the 
preamble to the proposed rule and Section 3.6 of the EA. Longline nets 
are not an authorized gear type in the BSAI.
    Comment 2: NMFS is too generous in fishing regulations and all 
species are going extinct, including marine mammals. It is time to stop 
commercial fishermen and to stop polluting our waters, including 
keeping out large tourist boats.
    Response: NMFS disagrees. NMFS implements conservation and 
management measures as recommended by the Council, and the flexibility 
provided by this final rule will not create an overfished condition or 
contribute to overfishing in the groundfish and shellfish fisheries in 
the BSAI. Sections 3.4 and 3.7 of the Analysis describes the current 
BSAI halibut and sablefish fisheries. Section 3.3 and 3.5.3 of the 
Analysis and the preamble of the proposed rule describe the cumulative 
effects on the environment, including marine mammals and seabirds. In 
recommending Amendment 118, the Council and NMFS considered the impacts 
of Amendment 118 and this final rule on marine mammals and seabirds, 
and based on the Analysis concluded that there may be only minimal, if 
any, adverse effects on marine mammals. In addition, NMFS determined 
the final rule was not likely to adversely affect ESA-listed marine 
mammals and seabirds. The regulation of maritime pollution and tour 
vessels is outside of the scope of this final rule.
    Comment 3: Several commenters expressed support for Amendment 118 
to allow pot gear to be used by halibut fisheries in the BSAI as an 
alternative to longline gear and to avoid whale depredation sometimes 
experienced with longline gear. Several commenters also expressed 
support that Amendment 118 would prohibit the use of pot gear in 
sensitive habitats like the PIHCZ. One commenter requests that the 
Council and NMFS consider whether areas around St. Matthew Island 
should be closed to protect habitat and reduce bycatch of St. Matthew 
blue king crab.
    Response: NMFS acknowledges this comment. This final rule prohibits 
the use of any pot gear in the PIHCZ to minimize bycatch of PIBKC to 
the extent practicable, prevent overfishing, and support rebuilding of 
the PIBKC stock, and the revised regulations will prohibit directed 
fishing for groundfish using trawl gear or pot gear or fishing for 
halibut using pot gear in the PIHCZ (Sec.  679.22(a)(6)). St. Matthew 
blue king crab was declared overfished in 2018, and the Council and 
NMFS are currently developing a rebuilding plan. The St. Matthew Island 
blue king crab directed fishery has been closed since the 2016/2017 
season. Extending closures around St. Matthew Island would be beyond 
the scope of this final rule. However, NMFS has established a range of 
measures to protect St. Matthew blue king crab. The St. Matthew Island 
Habitat Conservation Area (SMIHCA) was created in 2008 and expanded in 
2010 to protect blue king crab habitat (see Table 46 to 50 CFR part 
679). Vessels fishing with nonpelagic trawl gear are prohibited from 
fishing in the SMIHCA (Sec.  679.22(a)(20)). Other fishery closure 
areas include a 20nm Steller sea lion closure around the southern tip 
of Hall Island (near St. Matthew Island) to trawling, hook-and-line, 
and pot fisheries for pollock, Pacific cod, and Atka mackerel (Sec.  
679.22(a)(7)). In addition, all nearby state waters around St. Matthew 
Island are closed to the taking of king crab and to commercial 
groundfish fishing. At this time, NMFS and the Council are developing a 
rebuilding plan and will consider any potential sablefish and halibut 
pot gear fishery impacts in the development of conservation and 
management measures for the St. Matthew Island blue king crab.
    Comment 4: The proposed rule states that after implementation of 
Amendment 101 to the Fishery Management Plan for Groundfish of the Gulf 
of Alaska (GOA FMP), IFQ sablefish fishermen requested greater 
consistency between the regulatory requirements in the BSAI and GOA. 
Amendment 118 should prohibit the deployment of gear before the IFQ 
sablefish fishing period such as in Sec.  679.7(f)(17) for GOA 
sablefish pots, which prohibits deploying, conducting fishing with, or 
retrieving longline pot gear in the GOA before the start or after the 
end of the IFQ sablefish fishing period.
    Response: NMFS acknowledges this comment. During the Council 
process for development of this action, the Council recommended 
revisions to regulations on the type of authorized gear for halibut but 
did not recommend new regulations or revisions to existing regulations 
on the timing of the

[[Page 845]]

deployment of pot gear in the IFQ fishery, or in other groundfish 
fisheries in the BSAI. Section 2.2 of the Analysis and the preamble of 
the proposed rule state that the scope of this rule would not allow for 
the retention of halibut IFQ or CDQ in other directed pot fisheries, 
such as those for groundfish (other than sablefish) or shellfish. An 
IFQ permit holder would not be required nor permitted to retain halibut 
on a pot fishing trip while directed fishing in other pot fisheries 
(such as Pacific cod or crab), even if they hold available IFQ.
    As described in the proposed rule and Section 3.1.1.2 of the 
Analysis, under Amendment 118 and this final rule, catches of IFQ 
sablefish or halibut will be authorized only during the IFQ fishing 
period specified at Sec.  679.23(f)(1) and (g)(1) and established by 
the Council and NMFS through the annual harvest specifications for 
sablefish (84 FR 9000, March 13, 2019) and the annual management 
measures for halibut (84 FR 9243, March 14, 2019).
    Comment 5: We would like to highlight ongoing coordination among 
halibut, Pacific cod, and crab fishermen, as well as gear 
manufacturers, that has come about, in part, from the this action to 
allow halibut pots in the BSAI. Fishermen are working together on gear 
designs to allow halibut and cod fishermen to maximize their target 
catch while minimizing crab bycatch.
    Response: NMFS acknowledges this comment. The Analysis and preamble 
of the proposed rule recognize that industry-led innovation to develop 
gear specifications to minimize bycatch could be more responsive, 
flexible, and effective than regulations to address the range of 
bycatch issues that may be experienced with a new gear type. However, 
NMFS and the Council will continue to review the performance of pot 
gear, and if bycatch increases, additional regulatory revisions could 
be undertaken.
    Comment 6: Several commenters raised concerns over additional crab 
bycatch with the increased use of pot gear in the IFQ and CDQ sablefish 
and halibut fisheries. One commenter requests that crab bycatch be 
tracked closely by NMFS in this developing fishery and be reported to 
the Council and the public through NMFS's annual inseason report. In 
addition, this commenter supports NMFS authority to limit or close IFQ 
or CDQ fishing for halibut if an OFL is approached for a groundfish or 
shellfish species.
    Response: NMFS acknowledges the support for inseason management 
authority. Section 4.7.7 of the Analysis provides further information 
on inseason management reports. NMFS inseason management produces a 
report every year which provides an overview of the catch in that 
region for the preceding year to the Council. The report began 
including statistics on the number of GOA sablefish pot vessels, metric 
tons of sablefish harvested, and percent of sablefish harvest by gear 
type and sub-area in the GOA after Amendment 101 to the GOA FMP was 
implemented. Assuming three or more vessels participate in a BSAI 
halibut pot fishery (so the confidential information can be released in 
aggregate form), similar information could be reported for a BSAI 
halibut pot fishery to track the changes in the fishery. This accords 
with the Council's request, as outlined in the Analysis, that NMFS 
include pot gear effort in its annual inseason management report to the 
Council. The Council also intends to review the effects from this final 
rule authorizing retention of halibut in pot gear within three years 
after implementation.
    Comment 7: NMFS should include a requirement for biodegradable 
panels in BSAI halibut pot gear, if not already in regulation.
    Response: NMFS agrees and notes this requirement is currently in 
regulation. As described in Section 4.7.4.3 of the Analysis, all 
groundfish pots in federal fisheries are required at Sec.  679.2 to be 
equipped with a biodegradable panel at least 18 inches. This 
requirement to include a biodegradable panel will also apply to pot 
gear used to harvest halibut in the BSAI.
    Comment 8: Many fishermen fish both Pacific cod and halibut. When 
all of the species seasons and areas are open for fishing, NMFS should 
allow retention of halibut in any pot fishery and minimize discards of 
all species. I believe fishermen who fish for halibut with pot gear 
will routinely catch more Pacific cod than halibut in many areas. We do 
not want to require discards of Pacific cod. I think, at a minimum, 
when both seasons are open for Pacific cod and halibut that the maximum 
retention requirement (20%) should not be in effect.
    Response: NMFS disagrees. Authorizing retention of halibut when 
directed fishing for Pacific cod would be outside of the scope of this 
final rule. This final rule is intended to authorize the retention of 
halibut in pot gear in the directed IFQ and CDQ halibut and sablefish 
fisheries. The scope of this action and the Council's intent is 
described in further detail in Section 2 of the Analysis and in the 
preamble of the proposed rule. The scope of this action would not allow 
for the retention of IFQ or CDQ halibut in other directed pot 
fisheries, such as those for groundfish (other than sablefish) or 
shellfish. An IFQ permit holder would not be required nor permitted to 
retain halibut on a pot fishing trip while directed fishing in other 
pot fisheries, such as Pacific cod, even if they hold available IFQ. 
Similarly, CDQ participants would not be required nor permitted to 
retain halibut on a pot fishing trip while directed fishing in other 
pot fisheries, such as Pacific cod, even if they hold available CDQ.
    Comment 9: The elements of Amendment 118 are responsive to the MSA 
National Standards, including (1) optimum yield; (2) use of best 
scientific information available; (4) non-discrimination among 
residents of different states; (5) efficiency in utilization of fishery 
resources; (7) minimization of costs and unnecessary duplication; (8) 
taking into account the sustained participation of communities (in this 
case halibut dependent communities) in utilization of fishery 
resources; (9) minimization of bycatch and mortality to the extent 
practicable; and (10) promotion of the safety of life at sea. This 
commenter also noted that the requirement that all vessels over 79 feet 
maintain and abide by their stability instructions for their vessels 
and gear ensures that the safety of participants in this fishery will 
not be unduly endangered.
    Response: NMFS acknowledges this support and agrees that the 
Council and NMFS have considered and balanced the ten National 
Standards under the Magnuson-Stevens Act (16 U.S.C. 1851) and that this 
final action is consistent with those National Standards. Section 5.1 
of the Analysis describes how the Council considered and balanced the 
National Standards under the Magnuson-Stevens Act when recommending its 
preferred alternative. Amendment 118 and this final rule implement the 
Council's preferred action, without significant change, and are 
consistent with the Magnuson-Stevens Act's ten National Standards, for 
the reasons discussed in the Analysis and in the Notice of Availability 
for Amendment 118 (84 FR 43570, August 21, 2019).
    Comment 10: Our concern is about the appropriate management of CDQ 
halibut quota that is held by the CDQ entity, but normally fished on a 
vessel with a skipper who does not actually hold that quota personally. 
We are not certain how implementing regulations would deal with a 
vessel fishing for CDQ sablefish with pots, and catching legal-size 
halibut. Would that vessel be required to retain that halibut if the 
CDQ entity held unused halibut CDQ?

[[Page 846]]

    Response: Yes, under Sec.  679.42(m), vessels fishing for CDQ 
sablefish with pot gear would be required to retain legal-sized halibut 
on board provided there is a permit holder on board with unused halibut 
IFQ or CDQ for that IFQ regulatory area.
    Comment 11: One commenter recommends that the conservation benefits 
of Amendment 118 be spelled out. This commenter also noted the 
conservation benefits of the action, including: (1) The allowance of 
the retention of halibut in pots in the IFQ or CDQ sablefish fishery is 
expected to reduce halibut bycatch and mortality, as well as reduce 
duplicative efforts in different target fisheries, resulting in greater 
conservation and efficiency; (2) fishing for halibut in pot gear rather 
than longline gear is expected to reduce halibut mortality based on 
predation by whales, which will result in conservation of the halibut 
resource and greater efficiency in fishing efforts; (3) the use of pot 
gear in targeting halibut is expected to reduce the incidental catch of 
seabirds given that seabirds are attracted to baited hooks in longline 
gears, which will lead to greater conservation of seabird populations, 
as well as reduce inefficiencies resulting from lost baits or catches 
on hooks; (4) the prohibition of pot gear to target halibut in the 
PIHCZ is responsive to concerns over additional pot fishing activity 
impacting overfished PIBKC as well as other crab species in the area, 
and ensuring that bycatch of PIBKC and other crab species within the 
PIHCZ will not result from this action adds to existing conservation 
efforts.
    Response: NMFS agrees with the commenter regarding the conservation 
benefits of the final rule to implement Amendment 118. NMFS notes that 
the preamble to the proposed rule (84 FR 52852, October 3, 2019) and 
the Analysis describe potential benefits, including conservation 
benefits, in detail. NMFS provides a summary response here. First, the 
final rule authorizes the retention of halibut in pots in the IFQ 
sablefish fishery, while requiring retention of halibut pursuant to 
Sec. Sec.  679.7(f)(11) and 679.42(m). This will reduce regulatory 
discards of halibut, which in turn will reduce halibut bycatch and 
mortality, thereby providing a conservation benefit for the halibut 
resource. Fishing with pot gear, instead of hook-and-line gear, is also 
expected to reduce whale predation of halibut and sablefish that occurs 
with hook-and-line gear. The reduced mortality associated with reduced 
whale predation with pot gear is another conservation benefit to these 
fishery resources.
    In addition, the final rule provides greater flexibility for 
participants in the BSAI by allowing them options to fish their quota 
opportunistically with either hook-and-line or pot gear. Section 4.7.2 
of the Analysis provides more detail; in summary, this may increase 
their economic efficiency and reduce opportunity costs that are 
incurred from avoiding whales. Another potential benefit occurs from 
increased efficiency in the use of the resource and possibly better 
accounting for unobserved mortality due to whale depredation.
    The final rule also provides a conservation benefit for seabirds. 
Section 3.9.2.2 states that pot gear has the lowest seabird bycatch 
rates and it is assumed that the impact to seabirds is insignificant. 
The use of pot gear, rather than hook-and-line gear, is therefore 
expected to reduce the incidental catch of seabirds in the IFQ and CDQ 
fisheries. The final rule also addresses conservation concerns in the 
PIHCZ and for PIBKC. The final rule closes the PIHCZ to all fishing 
with pot gear for groundfish and halibut, in addition to the existing 
prohibition on the use of trawl gear and pot gear for Pacific cod. 
Section 3.6.3.2 of the Analysis and the proposed rule preamble describe 
that closing the PIHCZ is in response to conservation concerns over any 
additional pot gear activity and associated shellfish bycatch.

Changes From Proposed to Final Rule

    There were no changes from the proposed to final rule.

Classification

    The Administrator, Alaska Region, NMFS, determined that Amendment 
118 to the BSAI FMP and this final rule are necessary for the 
conservation and management of the groundfish and halibut fishery and 
are consistent with the Magnuson-Stevens Act and other applicable laws.
    Regulations governing the U.S. fisheries for Pacific halibut are 
developed by the IPHC, the Pacific Fishery Management Council, the 
Council, and the Secretary. Section 5(c) of the Halibut Act allows the 
Regional Council having authority for a particular geographical area to 
develop regulations governing the allocation and catch of halibut in 
U.S. Convention waters as long as those regulations do not conflict 
with IPHC regulations (16 U.S.C. 773c(c)). This final rule is 
consistent with the Council's authority to allocate halibut catches 
among fishery participants in the waters in and off Alaska. The Halibut 
Act provides the Secretary with the general responsibility to carry out 
the Convention with the authority, in consultation with the Secretary 
of the department in which the U.S. Coast Guard is operating, to adopt 
such regulations as may be necessary to carry out the purposes and 
objectives of the Convention and the Halibut Act (16 U.S.C. 773c(a) & 
(b)). This final rule is consistent with the Halibut Act and other 
applicable laws.
    This final rule has been determined to be not significant for the 
purposes of Executive Order 12866.
    This final rule is considered an Executive Order 13771 deregulatory 
action.

Small Entity Compliance Guide

    Section 212 of the Small Business Regulatory Enforcement Fairness 
Act of 1996 states that, for each rule or group of related rules for 
which an agency is required to prepare a final regulatory flexibility 
analysis, the agency shall publish one or more guides to assist small 
entities in complying with the rule, and shall designate such 
publications as ``small entity compliance guides.'' The agency shall 
explain the actions a small entity is required to take to comply with a 
rule or group of rules. The preambles to the proposed rule and this 
final rule include a detailed description of the actions necessary to 
comply with this rule and as part of this rulemaking process, NMFS 
included on its website a summary of compliance requirements that 
serves as the small entity compliance guide: https://www.fisheries.noaa.gov/action/amendment-118-fmp-groundfish-bering-sea-and-aleutian-islands-management-area. This rule does not require any 
additional compliance from small entities that is not described in the 
preambles. Copies of this final rule are available from NMFS at the 
following website: https://www.fisheries.noaa.gov/region/alaska.

Final Regulatory Flexibility Analysis (FRFA)

    This final regulatory flexibility analysis (FRFA) incorporates the 
Initial Regulatory Flexibility Analysis (IRFA), a summary of the 
significant issues raised by the public comments in response to the 
IRFA, NMFS's responses to those comments, and a summary of the analyses 
completed to support the final rule.
    Section 604 of the Regulatory Flexibility Act (RFA) requires that, 
when an agency promulgates a final rule under section 553 of Title 5 of 
the U.S. Code (5 U.S.C. 553), after being required by that section or 
any other law to publish a general notice of proposed

[[Page 847]]

rulemaking, the agency shall prepare a FRFA (5 U.S.C. 604). Section 604 
describes the required contents of a FRFA: (1) A statement of the need 
for and objectives of the rule; (2) a statement of the significant 
issues raised by the public comments in response to the IRFA, a 
statement of the assessment of the agency of such issues, and a 
statement of any changes made to the proposed rule as a result of such 
comments; (3) the response of the agency to any comments filed by the 
Chief Counsel for Advocacy of the Small Business Administration (SBA) 
in response to the proposed rule, and a detailed statement of any 
change made to the proposed rule in the final rule as a result of the 
comments; (4) a description of and an estimate of the number of small 
entities to which the rule will apply or an explanation of why no such 
estimate is available; (5) a description of the projected reporting, 
recordkeeping, and other compliance requirements of the rule, including 
an estimate of the classes of small entities that will be subject to 
the requirement and the type of professional skills necessary for 
preparation of the report or record; and (6) a description of the steps 
the agency has taken to minimize the significant economic impact on 
small entities consistent with the stated objectives of applicable 
statutes including a statement of the factual, policy, and legal 
reasons for selecting the alternative adopted in this final rule and 
why each one of the other significant alternatives to the rule 
considered by the agency which affect the impact on small entities was 
rejected.
    A description of this final rule and the need for and objectives of 
this rule are contained in the preamble to this final rule and the 
preambles to the proposed rule (84 FR 52852, October 3, 2019) and the 
proposed rule correction (84 FR 57687, October 28, 2019), and are not 
repeated here.

Public and Chief Counsel for Advocacy Comments on the IRFA

    An IRFA was prepared in the Classification section of the preamble 
to the proposed rule. The Chief Counsel for Advocacy of the SBA did not 
file any comments on the proposed rule. NMFS received no comments 
specifically on the IRFA.

Number and Description of Small Entities Regulated by This Final Rule

    NMFS estimates that, between the BSAI and the GOA, 815 vessels 
participated in the IFQ or CDQ commercial halibut fisheries in 2018; 
802 of which are considered small entities based on the $11.0 million 
threshold. All of these small entities in the BSAI or GOA could be 
directly regulated by that aspect of the final rule that specify NMFS's 
regulatory authority to limit or close IFQ or CDQ halibut fishing if 
NMFS determined it was necessary in the event of a conservation concern 
for groundfish or shellfish. In addition, vessels that currently 
participate in the GOA fisheries will be directly regulated by the 
final rule if they choose to participate in the IFQ or CDQ halibut or 
sablefish fisheries in the BSAI. NMFS estimates that, in the BSAI, 152 
vessels participated in the IFQ or CDQ halibut or sablefish fisheries 
in 2018. Of those vessels, 125 are considered small entities. In the 
BSAI sablefish pot fishery, 5 of the 9 vessels that participated in 
2018 are considered small entities. Therefore, NMFS estimates a total 
of 130 small entities that could be directly regulated by this final 
rule if they decide to use pot gear to harvest IFQ or CDQ halibut or 
IFQ or CDQ sablefish. In addition, a portion of these small entities 
engaged in the IFQ or CDQ halibut or sablefish fisheries are subject to 
the requirements for using pot gear if they choose to use pot gear in 
the BSAI IFQ or CDQ halibut or sablefish fisheries. In addition, this 
final rule closes the PIHCZ to all fishing with pot gear. No entities 
are currently using pot gear to fish within the PIHCZ. Therefore, no 
additional entities other than the 130 entities engaged in the IFQ or 
CDQ fisheries are affected by this provision. Those entities engaged in 
the IFQ or CDQ fisheries with pot gear in the BSAI are required to use 
logbooks and VMS and submit additional pot gear information on the PNOL 
while IFQ or CDQ fishing with pot gear in the BSAI.

Recordkeeping, Reporting, and Other Compliance Requirements

    The recordkeeping, reporting, and other compliance requirements of 
some vessels affected by this final rule will be increased slightly. 
This final rule contains new requirements for vessels participating in 
the IFQ and CDQ halibut pot fishery in the BSAI. This final rule 
removes two unnecessary VMS check-in requirements in the BSAI and GOA.
    NMFS currently requires catcher vessels 60 feet (ft) or greater 
length overall (LOA), using fixed gear, setline, or pot gear to harvest 
IFQ sablefish or IFQ halibut to maintain a longline and pot gear 
Federal DFL. Catcher/processors currently must also maintain a daily 
catcher/processor logbook (DCPL). All vessels participating in the BSAI 
sablefish IFQ or CDQ pot fishery maintain a longline and pot gear DFL. 
This final rule revises regulations to also require all vessels using 
pot gear to harvest IFQ or CDQ halibut in the BSAI to maintain a 
longline and pot gear DFL.
    NMFS currently requires vessels in the BSAI to have an operating 
VMS on board while participating in the IFQ or CDQ sablefish pot 
fishery. This final rule revises regulations to extend this requirement 
to vessels using pot gear in the BSAI IFQ or CDQ halibut fishery.
    NMFS currently requires all vessels in the IFQ sablefish and 
halibut fisheries to submit a PNOL to NMFS. This final rule revises 
regulations to require vessels using pot gear in the BSAI IFQ or CDQ 
halibut fishery to report the number of pots set, the number of pots 
lost, and the number of pots left deployed on the fishing grounds in 
addition to the information they currently submit in the PNOL.
    Two regulations are removed because they are no longer necessary, 
but these removals do not materially change existing VMS coverage, 
requirements, or equipment. This final rule removes a check-in 
requirement for vessel operators activating VMS for the first time and 
removes a requirement for vessel operators to contact NMFS and receive 
a VMS confirmation number at least 72 hours prior to fishing for IFQ 
sablefish in the BSAI or using longline pot gear to fish for IFQ 
sablefish in the GOA.

Description of Significant Alternatives Considered to the Final Action 
That Minimize Adverse Impacts on Small Entities

    Several aspects of this rule directly regulate small entities. BSAI 
halibut harvesters that are directly regulated by this final rule are 
expected to benefit from the additional flexibility to use a new gear 
type in order to minimize the costs of whale depredation that occurs on 
hook-and-line gear. Additional impacts may be expected for small 
directly regulated IFQ or CDQ halibut and sablefish harvesters in terms 
of potential additional costs for daily fishing logbooks, reporting on 
the PNOLs, or VMS requirements. Small entities will be required to 
comply with the requirements for using pot gear in the BSAI IFQ and CDQ 
halibut and sablefish fisheries. Authorizing halibut retention in pot 
gear in this final rule provides an opportunity for small entities to 
choose whether to use hook-and-line or pot gear to increase harvesting 
efficiencies and reduce operating costs in the IFQ and CDQ halibut and 
sablefish fisheries. Because NMFS currently has statutory authority 
under section 305(c) of the Magnuson-

[[Page 848]]

Stevens Act to enact emergency regulations to prevent overfishing (16 
U.S.C. 1855(c)), NMFS does not anticipate additional costs to small 
entities from potential inseason closures. However, NMFS expects that 
this final rule will provide better clarity and certainty to the 
regulated public by specifying in regulation the management measures, 
and required determinations, that NMFS would use to limit or close IFQ 
or CDQ fishing for halibut in the BSAI and GOA if an OFL for groundfish 
or shellfish is approached, consistent with regulations in place for 
directed fishing for groundfish.
    As noted in Section 4.7.12 of the Analysis, the requirements for 
using pot gear are not expected to adversely impact small entities 
because such entities can voluntarily choose to use pot gear or 
continue to use hook-and-line gear. In addition, the requirements for 
using pot gear will not be expected to restrict existing sablefish 
harvesting operations. The Council and NMFS considered requirements 
that would have imposed larger costs on directly regulated small 
entities. These included requiring all vessels to remove gear from the 
fishing grounds each time the vessel made a landing and requiring gear 
modifications, such as escape mechanisms for bycatch. The Council and 
NMFS determined that the costs of additional requirements on the 
existing fleet outweighed the benefits of increased regulations 
because, while the preferred specifications for gear modifications to 
reduce bycatch are unknown at this time, industry could develop them in 
the future if allowed the flexibility to innovate. This final rule 
therefore meets the objectives of the final rule while minimizing 
adverse impacts on fishery participants.
    Small entities are required to comply with additional recordkeeping 
and reporting requirements under this final rule if they choose to use 
pot gear in the BSAI IFQ or CDQ halibut fishery. Directly regulated 
small entities using pot gear are required to maintain and submit 
logbooks to NMFS, report specific information on the PNOL, and have an 
operating VMS on board the vessel. These additional recordkeeping and 
reporting requirements are not expected to adversely impact directly 
regulated small entities because the costs of complying with these 
requirements is de minimis relative to total gross fishing revenue that 
the opportunity to fish with pot gear will provide. More detail can be 
found in Section 4.7.5 of the Analysis. In addition, it is likely that 
vessels will not incur new costs under the final rule because many of 
the vessels that may choose to use pot gear under this final rule 
likely currently comply with the logbook and VMS reporting requirements 
when participating in the IFQ sablefish fishery and in other fisheries.
    The Council and NMFS considered alternatives to implement 
additional requirements to report locations of deployed and lost gear 
in an electronic database. The Council and NMFS determined that these 
additional requirements were not necessary to meet the objectives of 
the rule; could undermine other aspects of the Magnuson-Stevens Act 
because coordinates of lost pot gear are confidential under section 
402(b) of the MSA (16 U.S.C. 1881a(b)); and were not practicable at 
this time because NMFS cannot enforce a location reporting requirement 
because it is not currently possible to verify the location of lost 
fishing gear. In addition, this final rule eliminates the requirement 
for a one-time report that must be faxed into NMFS OLE, which results 
in an estimated savings of $1,340 a year in personnel and miscellaneous 
costs to the industry. This final rule also eliminates the requirements 
for vessels using pot gear to harvest IFQ sablefish to check-in when 
using VMS, which results in estimated annual savings of $268 for all 
vessel operators in the BSAI and GOA. Accordingly, this final rule 
meets the objectives of the action while minimizing the reporting 
burden for fishery participants.
    There are no significant alternatives to this final rule that 
accomplish the objectives to authorize retention of halibut in pot gear 
in the BSAI IFQ or CDQ halibut or sablefish fisheries and that minimize 
adverse economic impacts on small entities.

Collection-of-Information Requirements

    This final 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). NMFS has submitted 
requirements under Control Numbers 0648-0213 and 0648-0445 to OMB for 
approval. A collection-of-information requirement under Control Number 
0648-0272 has been approved by OMB.
OMB Control Number 0648-0213
    Public reporting burden is estimated to average 35 minutes per 
individual response for the Catcher Vessel Longline and Pot Gear Daily 
Fishing Logbook.
OMB Control Number 0648-0272
    Public reporting burden is estimated to average 15 minutes per 
individual response for the Prior Notice of Landing.
OMB Control Number 0648-0445
    While the number of participants who will use VMS transmissions 
will increase, such transmissions are not assigned a reporting burden 
because the transmissions are automatic. Public reporting burden is 
expected to decrease because the requirements for the VMS check-in 
report (estimated average of 12 minutes per individual response) and 
the sablefish call-in (estimated average of 12 minutes) are being 
removed because they are no longer necessary.
    Notwithstanding any other provision of the law, no person is 
required to respond to, nor shall any person be subject to penalty for 
failure to comply with, a collection of information subject to the 
requirement of the PRA, unless that collection of information displays 
a currently valid OMB control number. All currently approved NOAA 
collections of information may be viewed at: https://www.reginfo.gov/public/do/PRASearch#.

List of Subjects

50 CFR Part 300

    Administrative practice and procedure, Fisheries, Fishing, 
Reporting and recordkeeping requirements.

50 CFR Part 600

    Administrative practice and procedure, Confidential business 
information, Fish, Fisheries, Fishing, Fishing regulations, Fishing 
vessels, Foreign relations, Intergovernmental relations, Penalties, 
Reporting and recordkeeping requirements, Statistics.

50 CFR Part 679

    Alaska, Fisheries, Reporting and recordkeeping requirements.

    Dated: December 20, 2019.
Samuel D. Rauch III,
Deputy Assistant Administrator for Regulatory Programs, National Marine 
Fisheries Service.

    For the reasons set out in the preamble, 50 CFR parts 300, 600, and 
679 are amended as follows:

PART 300--INTERNATIONAL FISHERIES REGULATIONS

Subpart E--Pacific Halibut Fisheries

0
1. The authority citation for part 300, subpart E, continues to read as 
follows:

    Authority: 16 U.S.C. 773-773k.


0
2. In Sec.  300.61, in the definition of ``Fishing'':

[[Page 849]]

0
a. Remove ``or'' at the end of paragraph (1);
0
b. Remove the period at the end of paragraph (2) and add ``; or'' in 
its place; and
0
c. Add paragraph (3).
    The addition reads as follows:


Sec.  300.61  Definitions.

* * * * *
    Fishing * * *
    (3) The deployment of pot gear as defined in Sec.  679.2 of this 
title in Commission regulatory areas 4B, 4C, 4D, and 4E and the portion 
of Area 4A in the Bering Sea Aleutian Islands west of 170[deg]00' W 
long.
* * * * *

PART 600--MAGNUSON-STEVENS ACT PROVISIONS

0
3. The authority citation for 50 CFR part 600 continues to read as 
follows:

    Authority: 5 U.S.C. 561 and 16 U.S.C. 1801 et seq.


0
4. In Sec.  600.725, revise paragraph (v) table entry ``7. Pacific 
Halibut Fishery (Non-FMP):'' row A to read as follows:


Sec.  600.725   General prohibitions.

* * * * *
    (v) * * *

------------------------------------------------------------------------
                Fishery                       Authorized gear types
------------------------------------------------------------------------
 
                              * * * * * *...............................
------------------------------------------------------------------------
              VII. North Pacific Fishery Management Council
------------------------------------------------------------------------
 
                              * * * * * *...............................
7. Pacific Halibut Fishery (Non-FMP):    ...............................
    A. Commercial (IFQ and CDQ)........  A. Hook and line, pot.
 
                              * * * * * *...............................
------------------------------------------------------------------------

* * * * *

PART 679--FISHERIES OF THE EXCLUSIVE ECONOMIC ZONE OFF ALASKA

0
5. 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.


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6. In Sec.  679.2, for the definition of ``Authorized fishing gear,'' 
add paragraphs (4)(v) and (15)(iii) to read as follows:


Sec.  679.2  Definitions.

* * * * *
    Authorized fishing gear * * *
    (4) * * *
    (v) For halibut harvested from any IFQ regulatory area in the BSAI, 
all pot gear, if the vessel operator is fishing for IFQ or CDQ halibut 
in accordance with Sec.  679.42.
* * * * *
    (15) * * *
    (iii) Halibut retention exception. If required to retain halibut 
when harvesting halibut from any IFQ regulatory area in the BSAI, 
vessel operators are exempt from requirements to comply with a tunnel 
opening for pots when fishing for IFQ or CDQ halibut or IFQ or CDQ 
sablefish in accordance with Sec.  679.42(m).
* * * * *

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7. In Sec.  679.5, revise paragraphs (a)(4)(i), (c)(3)(i)(B) heading, 
(c)(3)(i)(B)(1) and (3), and (l)(1)(iii)(I) to read as follows:


Sec.  679.5  Recordkeeping and reporting (R&R).

    (a) * * *
    (4) * * *
    (i) Catcher vessels less than 60 ft (18.3 m) LOA. Except for 
vessels using pot gear as described in paragraph (c)(3)(i)(B)(1) of 
this section and the vessel activity report described at paragraph (k) 
of this section, the owner or operator of a catcher vessel less than 60 
ft (18.3 m) LOA is not required to comply with the R&R requirements of 
this section.
* * * * *
    (c) * * *
    (3) * * *
    (i) * * *
    (B) IFQ or CDQ halibut, or IFQ or CDQ sablefish fisheries. (1) The 
operator of a catcher vessel less than 60 ft (18.3 m) LOA, using 
longline pot gear to harvest IFQ sablefish or IFQ halibut in the GOA, 
or using pot gear to harvest IFQ or CDQ halibut or IFQ or CDQ sablefish 
in the BSAI, must maintain a longline and pot gear DFL according to 
paragraph (c)(3)(iv)(A)(2) of this section.
* * * * *
    (3) Except as described in paragraph (f)(1)(i) of this section, the 
operator of a catcher vessel 60 ft (18.3 m) or greater LOA in the BSAI 
must maintain a longline and pot gear DFL according to paragraph 
(c)(3)(iv)(A)(2) of this section, when using hook-and-line gear or pot 
gear to harvest IFQ or CDQ sablefish, and when using pot gear or gear 
composed of lines with hooks attached or setline gear (IPHC) to harvest 
IFQ halibut or CDQ halibut.
* * * * *
    (l) * * *
    (1) * * *
    (iii) * * *
    (I) If using longline pot gear in the GOA or pot gear in the BSAI, 
report the number of pots set, the number of pots lost, and the number 
of pots left deployed on the fishing grounds.
* * * * *

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8. In Sec.  679.7:
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a. In paragraphs (a)(21) and (22), remove the reference ``Sec.  
679.28'' and add in its place ``Sec.  679.28 (f)'';
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b. Remove paragraph (f)(6)(ii) and redesignate paragraph (f)(6)(iii) as 
paragraph (f)(6)(ii); and
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c. Add paragraph (f)(26).
    The revisions and additions read as follows:


Sec.  679.7  Prohibitions.

* * * * *
    (f) * * *
    (26) Operate a catcher vessel or a catcher/processor using pot gear 
to fish for IFQ or CDQ halibut or IFQ or CDQ sablefish in the BSAI and 
fail to use functioning VMS equipment as required in Sec.  679.42(m).
* * * * *

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9. In Sec.  679.22, revise paragraph (a)(6) to read as follows:


Sec.  679.22  Closures.

    (a) * * *
    (6) Pribilof Islands Habitat Conservation Zone. Directed fishing 
for groundfish using trawl gear or pot gear,

[[Page 850]]

or fishing for halibut using pot gear, is prohibited at all times in 
the area defined in Figure 10 to this part as the Pribilof Islands 
Habitat Conservation Zone.
* * * * *

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10. In Sec.  679.24, add paragraph (b)(1)(iv) to read as follows:


Sec.  679.24  Gear limitations.

* * * * *
    (b) * * *
    (1) * * *
    (iv) While fishing for IFQ or CDQ halibut in the BSAI.
* * * * *

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11. In Sec.  679.25:
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a. Revise paragraph (a)(1) introductory text;
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b. Add paragraph (a)(1)(v); and
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c. Revise paragraphs (a)(2)(i) introductory text and (a)(2)(iii)(C).
    The additions and revisions read as follows:


Sec.  679.25  Inseason adjustments.

    (a) * * *
    (1) Types of adjustments. Inseason adjustments for directed fishing 
for groundfish or fishing for IFQ or CDQ halibut issued by NMFS under 
this section include:
* * * * *
    (v) Inseason closures of an area, district, or portions thereof, of 
harvest of specified halibut fisheries.
    (2) * * *
    (i) Any inseason adjustment taken under paragraph (a)(1)(i), (ii), 
(iii), or (iv) of this section must be based on a determination that 
such adjustments are necessary to prevent:
* * * * *
    (iii) * * *
    (C) Closure of a management area or portion thereof, or gear type, 
or season to all groundfish or halibut fishing; or
* * * * *

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12. In Sec.  679.28:
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 a. Remove and reserve paragraph (f)(4)(ii);
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b. In paragraph (f)(6)(iv), remove ``or'';
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 c. In paragraph (f)(6)(v), remove the period and add a semicolon in 
its place; and
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d. Add paragraphs (f)(6)(vi) through (ix).
    The revisions read as follows:


Sec.  679.28  Equipment and operational requirements.

* * * * *
    (f) * * *
    (6) * * *
    (vi) You operate an Amendment 80 catcher/processor (see Sec.  
679.5(s));
    (vii) You are fishing for IFQ sablefish in the Bering Sea or 
Aleutian Islands (see Sec.  679.42(k));
    (viii) You are fishing for IFQ sablefish in the GOA using longline 
pot gear (see Sec.  679.42(l)) or fishing for IFQ or CDQ halibut or CDQ 
sablefish in the BSAI using pot gear (see Sec.  679.42(m)); or
    (ix) You are required under the Crab Rationalization Program 
regulations at 50 CFR 680.23(d).
* * * * *

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13. In Sec.  679.42, revise paragraphs (b)(1)(i) and (k)(1) and (2) and 
add paragraph (m) to read as follows:


Sec.  679.42  Limitations on use of QS and IFQ.

* * * * *
    (b) * * *
    (1) * * *
    (i) IFQ halibut. IFQ halibut must not be harvested with trawl gear 
in any IFQ regulatory area.
* * * * *
    (k) * * *
    (1) Bering Sea or Aleutian Islands. Any vessel operator who fishes 
for IFQ sablefish in the Bering Sea or Aleutian Islands must possess a 
transmitting VMS transmitter while fishing for IFQ sablefish. The 
operator of the vessel must comply with VMS requirements at Sec.  
679.28(f)(3) through (5).
    (2) Gulf of Alaska. A vessel operator using longline pot gear to 
fish for IFQ sablefish in the Gulf of Alaska must possess a 
transmitting VMS transmitter while fishing for sablefish. The operator 
of the vessel must comply with VMS requirements at Sec.  679.28(f)(3) 
through (5).
* * * * *
    (m) BSAI halibut and sablefish pot gear requirements. Additional 
regulations that implement specific requirements for any vessel 
operator who fishes for IFQ or CDQ halibut or IFQ or CDQ sablefish in 
the BSAI using pot gear are set out under Sec.  300.61 of this title 
and Sec. Sec.  679.2, 679.5, 679.7, 679.20, 679.22, 679.24, 679.25, 
679.28, 679.42, and 679.51.
    (1) Applicability. Any vessel operator who fishes for IFQ or CDQ 
halibut or IFQ or CDQ sablefish with pot gear in the BSAI must comply 
with the requirements of paragraph (m) of this section. The IFQ 
regulatory areas in the BSAI include 4B, 4C, 4D, and 4E and the portion 
of Area 4A in the Bering Sea Aleutian Islands west of 170[deg]00' W 
long.
    (2) General. To use pot gear to fish for IFQ or CDQ halibut or IFQ 
or CDQ sablefish in the BSAI, a vessel operator must:
    (i) Retain IFQ or CDQ halibut caught in pot gear if sufficient 
halibut IFQ or CDQ is held by persons on board the vessel as specified 
in paragraph (m)(3) of this section; and
    (ii) Comply with other requirements as specified in paragraph 
(m)(4) of this section.
    (3) Retention of halibut. A vessel operator who fishes for IFQ or 
CDQ halibut or IFQ or CDQ sablefish using pot gear must retain IFQ or 
CDQ halibut if:
    (i) The IFQ or CDQ halibut is caught in any IFQ regulatory area in 
the BSAI in accordance with paragraph (m) of this section; and
    (ii) An IFQ or CDQ permit holder on board the vessel has unused 
halibut IFQ or CDQ for the IFQ regulatory area fished and IFQ vessel 
category.
    (4) Other requirements. A vessel operator who fishes for IFQ or CDQ 
halibut or IFQ or CDQ sablefish using pot gear in the BSAI must:
    (i) Complete a longline and pot gear Daily Fishing Logbook (DFL) or 
Daily Cumulative Production Logbook (DCPL) as specified in Sec.  
679.5(c); and
    (ii) Possess a transmitting VMS transmitter and comply with the VMS 
requirements at Sec.  679.28(f)(3) through (5).
    (iii) Report pot gear information required when submitting a PNOL 
as described in Sec.  679.5.


Sec.  679.51  [Amended]

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14. In Sec.  679.51(a)(1)(i) introductory text, remove the phrase 
``with hook-and-line gear''.

[FR Doc. 2019-27903 Filed 1-7-20; 8:45 am]
 BILLING CODE 3510-22-P