Fisheries of the Exclusive Economic Zone Off Alaska; Modifying Seasonal Allocations of Pollock and Pacific Cod for Trawl Catcher Vessels in the Central and Western Gulf of Alaska, 6890-6892 [2020-02372]
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6890
Federal Register / Vol. 85, No. 25 / Thursday, February 6, 2020 / Proposed Rules
TABLE TO PARAGRAPH (i)—Continued
Tribe
Boundaries
QUINAULT ...........................
The area commencing at the Pacific coast shoreline near Destruction Island, located at 47°40′06″ N lat.,
124°23′51.362″ W long.; then proceeding west approximately 30 nautical miles at that latitude to a northwestern point located at 47°40′06″ N lat., 125°08′30″ W long.; then proceeding in a southeasterly direction mirroring the coastline no farther than 30 nautical miles from the mainland Pacific coast shoreline at any line of
latitude, to a southwestern point at 46°53′18″ N lat., 124°53′53″ W long.; then proceeding east along that line
of latitude to the Pacific coast shoreline at 46°53′18″ N lat., 124°7′36.6″ W long.
Those locations in the Strait of Juan de Fuca and Puget Sound as determined in or in accordance with Final Decision No. 1 and subsequent orders in United States v. Washington, 384 F. Supp. 312 (W.D. Wash., 1974),
and particularly at 384 F. Supp. 377, to be places at which the Skokomish Tribe may fish under rights secured
by treaties with the United States.
Those locations in the Strait of Juan de Fuca and Puget Sound as determined in or in accordance with Final Decision No. 1 and subsequent orders in United States v. Washington, 384 F. Supp. 312 (W.D. Wash., 1974),
and particularly at 459 F. Supp. 1049, to be places at which the Suquamish Tribe may fish under rights secured by treaties with the United States.
Those locations in the Strait of Juan de Fuca and Puget Sound as determined in or in accordance with Final Decision No. 1 and subsequent orders in United States v. Washington, 384 F. Supp. 312 (W.D. Wash., 1974),
and particularly at 459 F. Supp. 1049, to be places at which the Swinomish Tribe may fish under rights secured
by treaties with the United States.
Those locations in the Strait of Juan de Fuca and Puget Sound as determined in or in accordance with Final Decision No. 1 and subsequent orders in United States v. Washington, 384 F. Supp. 312 (W.D. Wash., 1974),
and particularly at 626 F. Supp. 1531–1532, to be places at which the Tulalip Tribe may fish under rights secured by treaties with the United States.
SKOKOMISH ........................
SUQUAMISH ........................
SWINOMISH ........................
TULALIP ...............................
[FR Doc. 2020–02229 Filed 2–5–20; 8:45 am]
BILLING CODE 3510–22–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 679
RIN 0648–BJ35
Fisheries of the Exclusive Economic
Zone Off Alaska; Modifying Seasonal
Allocations of Pollock and Pacific Cod
for Trawl Catcher Vessels in the
Central and Western Gulf of Alaska
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 109 to the Fishery
Management Plan for Groundfish of the
Gulf of Alaska (GOA FMP) to the
Secretary of Commerce for review. If
approved, Amendment 109 would
reduce operational and management
inefficiencies in the Central Gulf of
Alaska and Western Gulf of Alaska trawl
catcher vessel Pacific cod fisheries by
changing seasonal Gulf of Alaska Pacific
cod apportionments to allow greater
harvest opportunities earlier in the year.
Amendment 109 is necessary to provide
participants in the fisheries an
opportunity to more fully harvest the
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SUMMARY:
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total allowable catch of Pacific cod,
increase management flexibility, and
potentially decrease prohibited species
catch while not redistributing fishing
opportunities between management
areas or harvesting sectors. Amendment
109 is intended to promote the goals
and objectives of the Magnuson-Stevens
Fishery Conservation and Management
Act, the GOA FMP, and other applicable
laws.
DATES: Submit comments on or before
April 6, 2020.
ADDRESSES: Submit your comments,
identified by docket number NOAA–
NMFS–2019–0125, by either of the
following methods:
• Federal e-Rulemaking Portal. Go to
www.regulations.gov/
#!docketDetail;D=NOAA-NMFS-20190125, 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: NMFS may not consider
comments if they are sent by any other
method, to any other address or
individual, or received after the
comment period ends. All comments
received are a part of the public record,
and NMFS will post the comments 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 is
PO 00000
Frm 00060
Fmt 4702
Sfmt 4702
publicly accessible. NMFS will accept
anonymous comments (enter ‘‘N/A’’ in
the required fields if you wish to remain
anonymous).
Electronic copies of Amendment 109
to the GOA FMP, the draft
Environmental Assessment and the
Regulatory Impact Review (collectively
referred to as the ‘‘Analysis’’) prepared
for this proposed rule may be obtained
from https://www.regulations.gov.
FOR FURTHER INFORMATION CONTACT:
Joseph Krieger, 907–586–7228 or
joseph.krieger@noaa.gov.
The
Magnuson-Stevens Fishery
Conservation and Management Act
(Magnuson-Stevens Act) at section
304(a) requires that each regional
fishery management council submit an
amendment to a fishery management
plan (FMP) for review and approval,
disapproval, or partial approval by the
Secretary of Commerce (Secretary). The
Magnuson-Stevens Act at section 304(a)
also requires that the Secretary, upon
receiving an amendment to a FMP,
immediately publish a notice in the
Federal Register announcing that the
amendment is available for public
review and comment. FMP amendments
and regulations developed by the
Council may be implemented by NMFS
only after approval by the Secretary.
The North Pacific Fishery
Management Council (Council) has
submitted Amendment 109 to the GOA
FMP (Amendment 109) to the Secretary
for review. This notice announces that
proposed Amendment 109 is available
for public review and comment.
SUPPLEMENTARY INFORMATION:
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Federal Register / Vol. 85, No. 25 / Thursday, February 6, 2020 / Proposed Rules
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NMFS manages U.S. groundfish
fisheries in the exclusive economic zone
under the GOA FMP. The Council
prepared, and the Secretary approved,
the GOA FMP under the authority of the
Magnuson-Stevens Act, 16 U.S.C. 1801
et seq. Regulations governing U.S.
fisheries and implementing the GOA
FMP appear at 50 CFR parts 600 and
679. In June 2019, the Council adopted
Amendment 109. If approved,
Amendment 109 would change the
Central Gulf of Alaska (CGOA) and
Western Gulf of Alaska (WGOA) Pacific
cod seasonal apportionments to increase
the trawl catcher vessel (CV) sector’s A
season total allowable catch (TAC)
while proportionally decreasing the
sector’s B season TAC. In
recommending Amendment 109, the
Council intends to increase fishery
yield, increase management flexibility,
and potentially decrease prohibited
species catch (PSC) in the CGOA and
WGOA trawl CV Pacific cod fisheries.
Amendment 109 would amend the
trawl CV seasonal apportionments of
Pacific cod in the table in Section
3.2.3.4.3.3.2 of the GOA FMP. The
WGOA trawl CV A season would
change from 72.3 percent to 82.1
percent, and the B season would change
from 27.7 percent to 17.9 percent. The
CGOA trawl CV A season would change
from 50.8 percent to 60.8 percent, and
the B season would change from 49.2
percent to 39.2 percent.
At the same time the Council took
action to adopt Amendment 109, the
Council also adopted a regulatory
amendment that would change the
seasons for, and seasonal
apportionments of, pollock in the CGOA
and WGOA. The proposed rule to
implement Amendment 109 will
propose regulations to implement the
regulatory amendment for GOA pollock
seasons and seasonal apportionments.
Background
The trawl groundfish fisheries in the
GOA include fisheries for pollock,
sablefish, several rockfish species,
numerous flatfish species, Pacific cod,
and other groundfish. Trawl gear
captures groundfish by towing a net
above or along the ocean floor.
Amendment 109 would affect the trawl
CV fisheries for Pacific cod in two
specific areas of the GOA: (1) The CGOA
regulatory area, and (2) the WGOA
regulatory area. These specific
regulatory areas are defined at § 679.2.
NMFS annually establishes Pacific
cod TACs for these two regulatory areas.
NMFS apportions the annual WGOA
and CGOA Pacific cod TACs across two
seasons. NMFS apportions 60 percent of
the annual WGOA and CGOA Pacific
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cod TACs to the A season, and
apportions 40 percent of the annual
WGOA and CGOA Pacific cod TACs to
the B season. For vessels deploying
trawl gear, the A season occurs from
January 20 through June 10, and the B
season occurs from September 1 through
November 1.
Since the implementation of
Amendment 83 to the GOA FMP in
2012 (76 FR 74670, December 1, 2011),
NMFS, after subtracting a set-aside for
the jig gear sector, also allocates the
annual WGOA and CGOA Pacific cod
TACs between five sectors in the WGOA
and six sectors in the CGOA. Each
sector’s allocation is apportioned
between the A and B seasons in each
area, and the ratio for each sector’s
seasonal apportionment is not required
to be a 60 percent: 40 percent ratio.
However, for all gear (trawl and nontrawl) and operational-type (CV and
catcher/processors (C/Ps)) sectors, the
total of A season sector apportionments
in each area equals 60 percent of the
annual Pacific cod TAC, and the total of
B season sector apportionments in each
area equals 40 percent of the annual
Pacific cod TAC.
Regulations at § 679.20(a)(12)(i) and
Tables 2–2 and 2–3 in the Analysis
show the seasonal percentage
allocations for each sector. These tables
illustrate that no sector, in isolation,
experiences a 60 percent: 40 percent
seasonal TAC split. For example, the
CGOA trawl CV sector is currently
allocated 21.1 percent of the annual
CGOA Pacific cod TAC in the A season
and 20.5 percent of the annual CGOA
Pacific cod TAC in the B season. Those
two figures are at a 51 percent: 49
percent ratio to each other. The WGOA
trawl CV sector is allocated 27.7 percent
of the annual WGOA Pacific cod TAC in
the A season TAC and 10.7 percent of
the annual WGOA Pacific cod TAC in
the B season, which results in a 72
percent: 28 percent seasonal ratio. The
WGOA trawl CVs receive a relatively
greater proportion of their annual
Pacific cod TAC allocation in the A
season, as they do not target Pacific cod
in the fall (B season). The sectors that
receive a small percentage of the annual
TAC tend to be those that encounter
Pacific cod as incidental catch that must
be retained (as an Improved Retention/
Improved Utilization Program (IR/IU)
species), but do not conduct directed
fishing for Pacific cod.
Regulations at 50 CFR
679.20(a)(12)(ii) describe the
reallocation of sector allocations ‘‘if
[. . . NMFS] determines that a sector
will be unable to harvest the entire
amount of Pacific cod allocated to [a]
sector.’’ NMFS publishes these
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6891
reallocations as inseason actions in the
Federal Register and posts them on the
NMFS Alaska Region website as
Information Bulletins. Regulations at 50
CFR 679.20(a)(12)(ii) also state that
NMFS should take into account ‘‘the
capability of a sector [. . .] to harvest
the remaining Pacific cod TAC.’’ There
are no set dates upon which
reallocations should occur; NMFS relies
on its management expertise as well as
communication with the fleets about
their expected levels of activity or
encounter rates of Pacific cod. In
practice, NMFS reallocates Pacific cod
that it projects will go unharvested by
a sector. The regulations provide a
hierarchy that guides preference in
reallocations if there are competing
needs for additional TAC. The
regulations at § 679.20(a)(12)(ii)(B) state
that NMFS should consider reallocation
to CV sectors first, then reallocation to
the combined CV and C/P pot sector,
and then to any of the other C/P sectors
(trawl and hook-and-line). NMFS
provides a record of inseason Pacific
cod TAC reallocations on its website.
Since 2012, almost all inseason
reallocations have occurred during the B
season, and most reallocations flowed
from the trawl CV sector; no
reallocations have been made to the
trawl CV sector.
In recent years, trawl CVs in the GOA
Pacific cod fishery only conduct
directed fishing for B season Pacific cod
in the CGOA. The WGOA trawl CV
sector receives 10.7 percent of the
annual WGOA Pacific cod TAC in the
B season (see Table 2–2 in the Analysis)
but it goes largely unharvested by trawl
vessels except as incidental catch
during the C and D seasons in the
pollock trawl fishery. In the CGOA,
where the trawl CV fishery is
prosecuted, harvest of Pacific cod in the
B season lags A season harvest by a
significant margin in percentage terms.
Table 3–4 in the Analysis shows that
harvest of CGOA B season Pacific cod
TAC was typically below 50 percent and
began to fall precipitously in the years
leading up to the 2018 reduction in
ABC. While industry participants have
reported that fish size and flesh quality
can be better in the fall B season than
in the late-winter A season due to the
length of time removed from spawning
activity, GOA Pacific cod do not tend to
aggregate in the fall in a manner that
lends itself to efficient harvest with
trawl gear. As a result, a significant
portion of the GOA Pacific cod B season
TAC is left unharvested by trawl CVs,
while the A season TAC is more fully
prosecuted by trawl CVs.
The Council acknowledged that trawl
CVs in the GOA have only directed
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fished for Pacific cod in the CGOA
during the B season in recent years and
that WGOA Pacific cod TAC goes
largely unharvested. The Council also
acknowledged that in the CGOA, where
the trawl CV fishery is prosecuted,
harvest of Pacific cod in the B season
lags A season harvest by a significant
margin in percentage terms, which also
results in unharvested Pacific cod TAC.
To address these concerns, the Council
adopted Amendment 109. Amendment
109 would increase trawl CV allocations
of Pacific cod TAC in the CGOA and
WGOA during the A season while
proportionally decreasing trawl CV
allocations of Pacific cod TAC in the
CGOA and WGOA during the B season.
Specifically, 25.29364 percent of the
annual CGOA Pacific cod TAC would be
allocated to the trawl CV sector during
the A season and 16.29047 percent
would be allocated to the B season.
Additionally, 31.54 percent of the
annual WGOA Pacific cod TAC would
be allocated to the trawl CV sector
during the A season and 6.86 percent
would be allocated to the B season.
Sections 2.3, 2.6 and 4.6.4 of the
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Analysis describe the range of
alternative Pacific cod TAC allocations
considered by the Council and
summarizes the Council’s rationale for
the proposed allocations.
Before adopting its preferred
alternatives for Amendment 109, the
Council considered a range of
alternatives and options (see Sections 2
and 4.6 of the Analysis for more detail
on alternatives and options). The
Council determined, and NMFS agrees,
that Amendment 109 will reduce
operational and management
inefficiencies in the CGOA and WGOA
trawl CV Pacific cod fisheries by
changing seasonal Gulf of Alaska Pacific
cod apportionments to allow greater
harvest opportunities earlier in the year.
NMFS is soliciting public comments
on proposed Amendment 109 through
the end of the comment period (see
DATES). NMFS intends to publish in the
Federal Register and seeks public
comment on the proposed rule that
would implement Amendment 109
following NMFS’s evaluation of the
proposed rule under the MagnusonStevens Act.
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Respondents do not need to submit
the same comments on Amendment 109
and the proposed rule. All relevant
written comments received by the end
of the comment period for Amendment
109, whether specifically directed to the
FMP amendment or the proposed rule,
will be considered by NMFS in the
approval/disapproval decision for
Amendment 109 and addressed in the
response to comments in the final
decision. Comments received after the
end of the comment period for
Amendment 109 will not be considered
in the approval/disapproval decision on
Amendment 109. 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: February 3, 2020.
Jennifer M. Wallace,
Acting Director, Office of Sustainable
Fisheries, National Marine Fisheries Service.
[FR Doc. 2020–02372 Filed 2–5–20; 8:45 am]
BILLING CODE 3510–22–P
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]]>Agencies
[Federal Register Volume 85, Number 25 (Thursday, February 6, 2020)]
[Proposed Rules]
[Pages 6890-6892]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-02372]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 679
RIN 0648-BJ35
Fisheries of the Exclusive Economic Zone Off Alaska; Modifying
Seasonal Allocations of Pollock and Pacific Cod for Trawl Catcher
Vessels in the Central and Western Gulf of Alaska
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 109 to the Fishery Management Plan for Groundfish of the Gulf
of Alaska (GOA FMP) to the Secretary of Commerce for review. If
approved, Amendment 109 would reduce operational and management
inefficiencies in the Central Gulf of Alaska and Western Gulf of Alaska
trawl catcher vessel Pacific cod fisheries by changing seasonal Gulf of
Alaska Pacific cod apportionments to allow greater harvest
opportunities earlier in the year. Amendment 109 is necessary to
provide participants in the fisheries an opportunity to more fully
harvest the total allowable catch of Pacific cod, increase management
flexibility, and potentially decrease prohibited species catch while
not redistributing fishing opportunities between management areas or
harvesting sectors. Amendment 109 is intended to promote the goals and
objectives of the Magnuson-Stevens Fishery Conservation and Management
Act, the GOA FMP, and other applicable laws.
DATES: Submit comments on or before April 6, 2020.
ADDRESSES: Submit your comments, identified by docket number NOAA-NMFS-
2019-0125, by either of the following methods:
Federal e-Rulemaking Portal. Go to www.regulations.gov/#!docketDetail;D=NOAA-NMFS-2019-0125, 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: NMFS may not consider comments if they are sent by
any other method, to any other address or individual, or received after
the comment period ends. All comments received are a part of the public
record, and NMFS will post the comments 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
is publicly accessible. NMFS will accept anonymous comments (enter ``N/
A'' in the required fields if you wish to remain anonymous).
Electronic copies of Amendment 109 to the GOA FMP, the draft
Environmental Assessment and the Regulatory Impact Review (collectively
referred to as the ``Analysis'') prepared for this proposed rule may be
obtained from https://www.regulations.gov.
FOR FURTHER INFORMATION CONTACT: Joseph Krieger, 907-586-7228 or
[email protected].
SUPPLEMENTARY INFORMATION: The Magnuson-Stevens Fishery Conservation
and Management Act (Magnuson-Stevens Act) at section 304(a) requires
that each regional fishery management council submit an amendment to a
fishery management plan (FMP) for review and approval, disapproval, or
partial approval by the Secretary of Commerce (Secretary). The
Magnuson-Stevens Act at section 304(a) also requires that the
Secretary, upon receiving an amendment to a FMP, immediately publish a
notice in the Federal Register announcing that the amendment is
available for public review and comment. FMP amendments and regulations
developed by the Council may be implemented by NMFS only after approval
by the Secretary.
The North Pacific Fishery Management Council (Council) has
submitted Amendment 109 to the GOA FMP (Amendment 109) to the Secretary
for review. This notice announces that proposed Amendment 109 is
available for public review and comment.
[[Page 6891]]
NMFS manages U.S. groundfish fisheries in the exclusive economic
zone under the GOA FMP. The Council prepared, and the Secretary
approved, the GOA FMP under the authority of the Magnuson-Stevens Act,
16 U.S.C. 1801 et seq. Regulations governing U.S. fisheries and
implementing the GOA FMP appear at 50 CFR parts 600 and 679. In June
2019, the Council adopted Amendment 109. If approved, Amendment 109
would change the Central Gulf of Alaska (CGOA) and Western Gulf of
Alaska (WGOA) Pacific cod seasonal apportionments to increase the trawl
catcher vessel (CV) sector's A season total allowable catch (TAC) while
proportionally decreasing the sector's B season TAC. In recommending
Amendment 109, the Council intends to increase fishery yield, increase
management flexibility, and potentially decrease prohibited species
catch (PSC) in the CGOA and WGOA trawl CV Pacific cod fisheries.
Amendment 109 would amend the trawl CV seasonal apportionments of
Pacific cod in the table in Section 3.2.3.4.3.3.2 of the GOA FMP. The
WGOA trawl CV A season would change from 72.3 percent to 82.1 percent,
and the B season would change from 27.7 percent to 17.9 percent. The
CGOA trawl CV A season would change from 50.8 percent to 60.8 percent,
and the B season would change from 49.2 percent to 39.2 percent.
At the same time the Council took action to adopt Amendment 109,
the Council also adopted a regulatory amendment that would change the
seasons for, and seasonal apportionments of, pollock in the CGOA and
WGOA. The proposed rule to implement Amendment 109 will propose
regulations to implement the regulatory amendment for GOA pollock
seasons and seasonal apportionments.
Background
The trawl groundfish fisheries in the GOA include fisheries for
pollock, sablefish, several rockfish species, numerous flatfish
species, Pacific cod, and other groundfish. Trawl gear captures
groundfish by towing a net above or along the ocean floor. Amendment
109 would affect the trawl CV fisheries for Pacific cod in two specific
areas of the GOA: (1) The CGOA regulatory area, and (2) the WGOA
regulatory area. These specific regulatory areas are defined at Sec.
679.2.
NMFS annually establishes Pacific cod TACs for these two regulatory
areas. NMFS apportions the annual WGOA and CGOA Pacific cod TACs across
two seasons. NMFS apportions 60 percent of the annual WGOA and CGOA
Pacific cod TACs to the A season, and apportions 40 percent of the
annual WGOA and CGOA Pacific cod TACs to the B season. For vessels
deploying trawl gear, the A season occurs from January 20 through June
10, and the B season occurs from September 1 through November 1.
Since the implementation of Amendment 83 to the GOA FMP in 2012 (76
FR 74670, December 1, 2011), NMFS, after subtracting a set-aside for
the jig gear sector, also allocates the annual WGOA and CGOA Pacific
cod TACs between five sectors in the WGOA and six sectors in the CGOA.
Each sector's allocation is apportioned between the A and B seasons in
each area, and the ratio for each sector's seasonal apportionment is
not required to be a 60 percent: 40 percent ratio. However, for all
gear (trawl and non-trawl) and operational-type (CV and catcher/
processors (C/Ps)) sectors, the total of A season sector apportionments
in each area equals 60 percent of the annual Pacific cod TAC, and the
total of B season sector apportionments in each area equals 40 percent
of the annual Pacific cod TAC.
Regulations at Sec. 679.20(a)(12)(i) and Tables 2-2 and 2-3 in the
Analysis show the seasonal percentage allocations for each sector.
These tables illustrate that no sector, in isolation, experiences a 60
percent: 40 percent seasonal TAC split. For example, the CGOA trawl CV
sector is currently allocated 21.1 percent of the annual CGOA Pacific
cod TAC in the A season and 20.5 percent of the annual CGOA Pacific cod
TAC in the B season. Those two figures are at a 51 percent: 49 percent
ratio to each other. The WGOA trawl CV sector is allocated 27.7 percent
of the annual WGOA Pacific cod TAC in the A season TAC and 10.7 percent
of the annual WGOA Pacific cod TAC in the B season, which results in a
72 percent: 28 percent seasonal ratio. The WGOA trawl CVs receive a
relatively greater proportion of their annual Pacific cod TAC
allocation in the A season, as they do not target Pacific cod in the
fall (B season). The sectors that receive a small percentage of the
annual TAC tend to be those that encounter Pacific cod as incidental
catch that must be retained (as an Improved Retention/Improved
Utilization Program (IR/IU) species), but do not conduct directed
fishing for Pacific cod.
Regulations at 50 CFR 679.20(a)(12)(ii) describe the reallocation
of sector allocations ``if [. . . NMFS] determines that a sector will
be unable to harvest the entire amount of Pacific cod allocated to [a]
sector.'' NMFS publishes these reallocations as inseason actions in the
Federal Register and posts them on the NMFS Alaska Region website as
Information Bulletins. Regulations at 50 CFR 679.20(a)(12)(ii) also
state that NMFS should take into account ``the capability of a sector
[. . .] to harvest the remaining Pacific cod TAC.'' There are no set
dates upon which reallocations should occur; NMFS relies on its
management expertise as well as communication with the fleets about
their expected levels of activity or encounter rates of Pacific cod. In
practice, NMFS reallocates Pacific cod that it projects will go
unharvested by a sector. The regulations provide a hierarchy that
guides preference in reallocations if there are competing needs for
additional TAC. The regulations at Sec. 679.20(a)(12)(ii)(B) state
that NMFS should consider reallocation to CV sectors first, then
reallocation to the combined CV and C/P pot sector, and then to any of
the other C/P sectors (trawl and hook-and-line). NMFS provides a record
of inseason Pacific cod TAC reallocations on its website. Since 2012,
almost all inseason reallocations have occurred during the B season,
and most reallocations flowed from the trawl CV sector; no
reallocations have been made to the trawl CV sector.
In recent years, trawl CVs in the GOA Pacific cod fishery only
conduct directed fishing for B season Pacific cod in the CGOA. The WGOA
trawl CV sector receives 10.7 percent of the annual WGOA Pacific cod
TAC in the B season (see Table 2-2 in the Analysis) but it goes largely
unharvested by trawl vessels except as incidental catch during the C
and D seasons in the pollock trawl fishery. In the CGOA, where the
trawl CV fishery is prosecuted, harvest of Pacific cod in the B season
lags A season harvest by a significant margin in percentage terms.
Table 3-4 in the Analysis shows that harvest of CGOA B season Pacific
cod TAC was typically below 50 percent and began to fall precipitously
in the years leading up to the 2018 reduction in ABC. While industry
participants have reported that fish size and flesh quality can be
better in the fall B season than in the late-winter A season due to the
length of time removed from spawning activity, GOA Pacific cod do not
tend to aggregate in the fall in a manner that lends itself to
efficient harvest with trawl gear. As a result, a significant portion
of the GOA Pacific cod B season TAC is left unharvested by trawl CVs,
while the A season TAC is more fully prosecuted by trawl CVs.
The Council acknowledged that trawl CVs in the GOA have only
directed
[[Page 6892]]
fished for Pacific cod in the CGOA during the B season in recent years
and that WGOA Pacific cod TAC goes largely unharvested. The Council
also acknowledged that in the CGOA, where the trawl CV fishery is
prosecuted, harvest of Pacific cod in the B season lags A season
harvest by a significant margin in percentage terms, which also results
in unharvested Pacific cod TAC. To address these concerns, the Council
adopted Amendment 109. Amendment 109 would increase trawl CV
allocations of Pacific cod TAC in the CGOA and WGOA during the A season
while proportionally decreasing trawl CV allocations of Pacific cod TAC
in the CGOA and WGOA during the B season. Specifically, 25.29364
percent of the annual CGOA Pacific cod TAC would be allocated to the
trawl CV sector during the A season and 16.29047 percent would be
allocated to the B season. Additionally, 31.54 percent of the annual
WGOA Pacific cod TAC would be allocated to the trawl CV sector during
the A season and 6.86 percent would be allocated to the B season.
Sections 2.3, 2.6 and 4.6.4 of the Analysis describe the range of
alternative Pacific cod TAC allocations considered by the Council and
summarizes the Council's rationale for the proposed allocations.
Before adopting its preferred alternatives for Amendment 109, the
Council considered a range of alternatives and options (see Sections 2
and 4.6 of the Analysis for more detail on alternatives and options).
The Council determined, and NMFS agrees, that Amendment 109 will reduce
operational and management inefficiencies in the CGOA and WGOA trawl CV
Pacific cod fisheries by changing seasonal Gulf of Alaska Pacific cod
apportionments to allow greater harvest opportunities earlier in the
year.
NMFS is soliciting public comments on proposed Amendment 109
through the end of the comment period (see DATES). NMFS intends to
publish in the Federal Register and seeks public comment on the
proposed rule that would implement Amendment 109 following NMFS's
evaluation of the proposed rule under the Magnuson-Stevens Act.
Respondents do not need to submit the same comments on Amendment
109 and the proposed rule. All relevant written comments received by
the end of the comment period for Amendment 109, whether specifically
directed to the FMP amendment or the proposed rule, will be considered
by NMFS in the approval/disapproval decision for Amendment 109 and
addressed in the response to comments in the final decision. Comments
received after the end of the comment period for Amendment 109 will not
be considered in the approval/disapproval decision on Amendment 109. 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: February 3, 2020.
Jennifer M. Wallace,
Acting Director, Office of Sustainable Fisheries, National Marine
Fisheries Service.
[FR Doc. 2020-02372 Filed 2-5-20; 8:45 am]
BILLING CODE 3510-22-P
