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, 11939-11945 [2020-03777]
Download as PDF
<![CDATA[
Federal Register / Vol. 85, No. 40 / Friday, February 28, 2020 / Proposed Rules
then the stock is considered overfished
and the Council would then need to
develop a rebuilding plan capable of
returning the stock to a level that allows
the stock to achieve MSY on a
continuing basis. In years when there is
a stock assessment, if fishing mortality
exceeds the MFMT, a stock is
considered to be undergoing overfishing
because this level of fishing mortality, if
continued, would reduce the stock
biomass to an overfished condition. In
years in which there is no assessment,
overfishing occurs if landings exceed
the OFL.
Currently, the MFMT is equal to
F30%SPR. Because the MSY proxy
selected in Amendment 51 is the yield
when fishing at F30%SPR, the Council
chose to modify the MFMT to be equal
to F30%SPR for consistency. Under this
definition, projections from SEDAR 51
suggest overfishing ended in 2017.
The MSST needs to be equal or less
than the biomass (B) capable of
producing MSY or MSY proxy (Bmsy (or
MSY proxy)). The closer the MSST value is
to Bmsy (or MSY proxy), the more likely a
stock could be declared overfished due
to year-to-year fluctuations in stock
biomass, resulting in an unneeded
rebuilding plan. However, if MSST is
set too low, then rebuilding the stock to
MSY levels could result in more
stringent management measures.
Consistent with other reef fish stocks
with a defined MSST (gag, red grouper,
red snapper, vermilion snapper, gray
triggerfish, greater amberjack, and
hogfish), the Council selected the MSST
for gray snapper as 0.50*BMSY(or MSY
proxy). The Council determined that
because the Magnuson-Stevens Act
requires ACLs and AMs to prevent
overfishing, and that any overfishing be
ended immediately, it is unlikely that
sustained overfishing would occur and
cause a stock to fall below the MSST.
Under this MSST, the result of SEDAR
51 indicate that the gray snapper stock
would not be overfished.
jbell on DSKJLSW7X2PROD with PROPOSALS
Optimum Yield
The Council determined that the OY
should be the yield when fishing at 90
percent of FMSY (or MSY proxy). This value
would allow for more harvest over the
long term and likely have greater social
and economic benefits, although it
provides less protection to the stock
than other values considered (the yield
when fishing at 50 and 75 percent of
FMSY (or MSY proxy)). However, as noted
previously, the ACLs and AM control
yearly harvest and are designed to
prevent overfishing.
VerDate Sep<11>2014
17:07 Feb 27, 2020
Jkt 250001
Overfishing Limit, Acceptable Biological
Catch, Annual Catch Limit, and Annual
Catch Target
The current OFL, ABC, and ACL for
gray snapper were established in the
Generic ACL/AM Amendment using the
Council’s ABC control rule for stocks
that have not been assessed, but are
stable over time (76 FR 82044;
December 29, 2011). The OFL is equal
to 2.88 million lb (1.31 million kg),
which is the mean plus 2.0 standard
deviations of the annual landings from
1998 through 2008. The ABC is equal to
2.42 million lb (1.1 million kg), which
is the mean plus 1.0 standard deviation
of the annual landings from 1998
through 2008. The ACL is equal the
ABC, and the ACT is 14 percent less
than the ACL at 2.08 million lb (0.9
million kg).
Amendment 51 would modify the
OFL and ABC consistent with the
projections from SEDAR 51 for the MSY
proxy selected by the Council and the
SSC recommendations. The OFLs would
be 2.58 million lb (1.17 million kg) for
2020, and 2.57 million lb (1.166 million
kg) for 2021 and subsequent fishing
years. The ABCs would be 2.51 million
lb (1.14 million kg) for 2020 and
subsequent years. The Council then
used its ACL/ACT control rule to
determine that an 11 percent buffer
between the ABCs and ACLs was
appropriate to account for management
uncertainty. This results in Gulf gray
snapper stock ACLs that would be 2.24
million lb (1.02 million), round weight,
for the 2020 fishing year. In 2021, and
subsequent fishing years, the ACL
would be set at 2.23 million lb (1.01
million kg), round weight.
The gray snapper ACT is not currently
used for management purposes.
Therefore, the Council decided not to
set an ACT through Amendment 51.
Proposed Rule for Amendment 51
A proposed rule to implement
Amendment 51 has been drafted. In
accordance with the Magnuson-Stevens
Act, NMFS is evaluating the proposed
rule for Amendment 51 to determine
whether it is consistent with the FMP,
the Magnuson-Stevens Act, and other
applicable law. If that determination is
affirmative, NMFS will publish the
proposed rule in the Federal Register
for public review and comment.
Consideration of Public Comments
The Council has submitted
Amendment 51 for Secretarial review,
approval, and implementation.
Comments on Amendment 51 must be
received by April 28, 2020. Comments
received during the respective comment
PO 00000
Frm 00074
Fmt 4702
Sfmt 4702
11939
periods, whether specifically directed to
Amendment 51 or the proposed rule,
will be considered by NMFS in its
decision to approve, partially approve,
or disapprove Amendment 51.
Comments received after the comment
periods will not be considered by NMFS
in this decision. All comments received
by NMFS on Amendment 51 or the
proposed rule during their respective
comment periods will be addressed in
the final rule.
Authority: 16 U.S.C. 1801 et seq.
Dated: February 25, 2020.
Karyl K. Brewster-Geisz,
Acting Director, Office of Sustainable
Fisheries, National Marine Fisheries Service.
[FR Doc. 2020–04091 Filed 2–27–20; 8:45 am]
BILLING CODE 3510–22–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 679
[Docket No. 200219–0059]
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: Proposed rule; request for
comments.
AGENCY:
NMFS issues a proposed rule
to implement Amendment 109 to the
Fishery Management Plan for
Groundfish of the Gulf of Alaska (GOA
FMP) and to implement a regulatory
amendment to the regulations governing
pollock fishing in the Gulf of Alaska.
This proposed rule will reduce
operational and management
inefficiencies in the Central Gulf of
Alaska and Western Gulf of Alaska trawl
catcher vessel pollock and Pacific cod
fisheries by reducing regulatory time
gaps between the pollock seasons, and
changing Gulf of Alaska Pacific cod
seasonal apportionments to allow
greater harvest opportunities earlier in
the year. This action 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
March 30, 2020.
SUMMARY:
E:\FR\FM\28FEP1.SGM
28FEP1
11940
Federal Register / Vol. 85, No. 40 / Friday, February 28, 2020 / Proposed Rules
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 end of
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 will be
publicly accessible. NMFS will accept
anonymous comments (enter ‘‘N/A’’ in
the required fields if you wish to remain
anonymous).
Electronic copies of the 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.
SUPPLEMENTARY INFORMATION:
ADDRESSES:
jbell on DSKJLSW7X2PROD with PROPOSALS
I. Authority for Action
NMFS manages the U.S. groundfish
fisheries of the Gulf of Alaska (GOA)
under the GOA FMP. The North Pacific
Fishery Management Council (Council)
prepared, and the Secretary of
Commerce (Secretary) approved, the
GOA FMP under the authority of the
Magnuson-Stevens Fishery
Conservation and Management Act
(Magnuson-Stevens Act), 16 U.S.C. 1801
et seq. Regulations governing U.S.
fisheries and implementing the GOA
FMP appear at 50 CFR parts 600 and
679. The Council is authorized to
prepare and recommend a fishery
management plan (FMP) amendment for
the conservation and management of a
fishery managed under the FMP. NMFS
conducts rulemaking to implement FMP
amendments and regulatory
amendments. FMP amendments and
regulations developed by the Council
VerDate Sep<11>2014
17:07 Feb 27, 2020
Jkt 250001
may be implemented by NMFS only
after approval by the Secretary.
The Council recommended
Amendment 109 to the GOA FMP
(Amendment 109) and a regulatory
amendment for pollock fisheries in the
Gulf of Alaska (GOA). This proposed
rule would implement Amendment 109
by changing CGOA and 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. This proposed
rule also would implement the
Council’s regulatory amendment by
combining the Central Gulf of Alaska
(CGOA) and Western Gulf of Alaska
(WGOA) trawl CV pollock fishery A and
B seasons into a single season
(redesignated as the A season), and the
C and D seasons into a single season
(redesignated as the B season), and by
changing the annual start date of the
redesignated pollock B season from
August 25 to September 1. The
proposed changes for pollock and
Pacific cod would only be applicable to
the CGOA and the WGOA, which are
comprised of NMFS statistical areas 610
(WGOA) and 620 and 630 (CGOA) (see
Figure 3 to part 679). This preamble
uses the term ‘‘management area’’ to
refer to ‘‘statistical area’’ to avoid
confusion with State of Alaska
‘‘statistical areas.’’ Also, the term
‘‘management area’’ is commonly used
by harvesters and processors to refer to
NMFS statistical areas. In
recommending Amendment 109 and the
regulatory amendment, the Council
intends to provide participants with an
opportunity to increase fishery yield,
increase management flexibility, and
potentially decrease prohibited species
catch (PSC) in the CGOA and WGOA
while not redistributing fishing
opportunities between management
areas or harvesting sectors.
A notice of availability (NOA) for
Amendment 109 was published in the
Federal Register on February 6, 2020,
with comments invited through April 6,
2020. Comments submitted on this
proposed rule by the end of the
comment period (See DATES) will be
considered by NMFS and addressed in
the response to comments in the final
rule. Comments submitted on this
proposed rule may address Amendment
109 or this proposed rule. However, all
comments addressing Amendment 109
must be received by April 6, 2020, to be
considered in the approval/disapproval
decision on Amendment 109.
Commenters do not need to submit the
same comments on both the NOA and
this proposed rule. All relevant written
comments received by April 6, 2020,
PO 00000
Frm 00075
Fmt 4702
Sfmt 4702
whether specifically directed to
Amendment 109, this proposed rule, or
both, will be considered by NMFS in the
approval/disapproval decision for
Amendment 109 and addressed in the
response to comments in the final rule.
II. Background
This proposed rule would modify the
seasonal apportionment of pollock and
Pacific cod TAC in the CGOA and
WGOA. The purpose of this action is to
reduce operational and management
inefficiencies in the CGOA and WGOA
trawl CV pollock and Pacific cod
fisheries by (1) reducing regulatory time
gaps between the pollock fishery A and
B seasons and the C and D seasons, and
(2) changing seasonal Pacific cod
apportionments in the GOA to allow
greater harvest opportunities earlier in
the year. Modifying the seasonal
allocations of pollock and Pacific cod
could allow the fisheries to more fully
harvest the TAC of GOA pollock and
Pacific cod, increase management
flexibility, and potentially decrease PSC
while not redistributing fishing
opportunities between management
areas or harvest sectors. The following
sections describe (1) the affected
fisheries participants and the current
seasonal allocations of pollock and
Pacific cod in the CGOA and WGOA, (2)
the need for this action, and (3) this
proposed rule.
III. The Affected Fisheries Participants
and Current Seasonal Allocations
A. Affected Fisheries Participants
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. This
proposed rule would affect the trawl
fisheries for pollock and Pacific cod in
two specific areas of the GOA: (1) The
CGOA regulatory area (comprised of
management areas 620 and 630), and (2)
the WGOA regulatory area (comprised
of management area 610). These specific
areas are defined at § 679.2. This
proposed action would apply only to
the federally permitted CVs using trawl
gear to harvest pollock or Pacific cod in
management areas 610, 620, and 630 of
the GOA. This action would not apply
to the Eastern GOA West Yakutat
District (management area 640).
Regulations at § 679.4(k) require trawl
vessels participating in the GOA pollock
and Pacific cod fisheries to possess a
License Limitation Program license
(LLP). Overall, 124 CV LLPs are
endorsed for GOA trawl fishing. Ninety-
E:\FR\FM\28FEP1.SGM
28FEP1
Federal Register / Vol. 85, No. 40 / Friday, February 28, 2020 / Proposed Rules
seven CV LLPs are endorsed for CGOA
trawl fishing and 78 CV LLPs are
endorsed for WGOA trawl fishing. Fiftyone LLPs are trawl-endorsed for both
areas. Table 4–1 in the Analysis shows
the number of vessels that participated
in the 2018 federally managed GOA
pollock and Pacific cod fisheries, by
season and gear type.
jbell on DSKJLSW7X2PROD with PROPOSALS
B. Current Seasonal Allocations of
Pollock and Pacific Cod in the CGOA
and WGOA
GOA Pollock
The four pollock seasons for the
CGOA and WGOA (management areas
610, 620, and 630) are currently defined
in regulations at § 679.23(d)(2) as
follows:
A season—From 1200 hours, A.l.t.,
January 20 to 1200 hours, A.l.t.,
March 10
B season—From 1200 hours, A.l.t.,
March 10 to 1200 hours, A.l.t., May 31
C season—From 1200 hours, A.l.t.,
August 25 to 1200 hours, A.l.t.,
October 1
D season—From 1200 hours, A.l.t.,
October 1 to 1200 hours, A.l.t.,
November 1
Through the annual harvest
specifications process, NMFS
establishes pollock TACs for
management areas 610, 620, and 630
within the CGOA and the WGOA. These
TACs are established in proportion to
the distribution of the pollock biomass
in those areas as determined by the most
recent NMFS surveys. In addition, the
regulations at § 679.20(a)(5)(iv)(B) state
that 25 percent of the combined pollock
TAC for the CGOA and WGOA is
allocated to each of the four seasons.
The seasonal apportionments are then
further apportioned across management
areas (i.e., management area 610, 620,
and 630) based on estimated biomass
distribution throughout the year. The
most recent example of these allocations
is found in the 2019/2020 annual
harvest specifications for the GOA (84
FR 9416, March 14, 2019).
Over the last 15 years, the seasonal
pollock biomass distribution has shifted
substantially, resulting in relatively
smaller seasonal apportionments in
management area 610—most notably in
the A and B seasons—while
substantially increasing seasonal
apportionments and annual TACs in
management area 620 and, to a lesser
degree, management area 630. In 2003,
management area 610 received 25.00
percent of the A and B season
apportionments, and 47.00 percent of
the C and D season apportionments. In
2018, management area 610 received
only 3.50 percent of the A and B season
VerDate Sep<11>2014
17:07 Feb 27, 2020
Jkt 250001
apportionments, and 36.59 percent of
the C and D season apportionments.
Over the same period, management area
620 went from 56.00 percent to 72.54
percent of the A season apportionment,
and from 66.00 percent to 85.39 percent
of the B season apportionment. For the
C and D seasons, management area 620
went from 23.00 percent to 26.59
percent of the C and D season
apportionments. Seasonal biomass
distributions for the WGOA and CGOA
pollock regulatory areas are summarized
in Table 2–1 in the Analysis. The
seasonal biomass distribution aspect of
annual harvest specifications is
designed so that the pollock fleet is able
to harvest fish where they are occurring,
and not to allocate harvest opportunities
to one area relative to another.
NMFS inseason managers monitor the
catch of pollock and close the directed
pollock fishery in each management
area when they determine the seasonal
apportionment will be taken. Because
this process is based on many variable
factors, sometimes catch exceeds the
seasonal apportionment and sometimes
catch is less than the seasonal
apportionment.
NMFS’ objective is to allow for
optimal harvest while avoiding an
overage of the seasonal apportionment
or the annual TAC. TAC that is not
harvested in one area or season that
cannot be reallocated to a subsequent
season is not made available for later
harvest. TAC that remains at the end of
the D season is not rolled over to the
following calendar year.
After each management area’s
overages or underages are accounted for,
NMFS has the ability to reallocate, or
‘‘rollover,’’ pollock that is not harvested
in one season to the subsequent season
in the same or other management area(s)
according to a prescribed series of steps
that are predicated on the area TAC
levels and seasonal apportionments
established in the annual harvest
specifications and are described in
detail in Section 2.1.1 in the Analysis.
Regulations at § 679.20(a)(5)(iv)(B)
state that unharvested pollock may be
added to a subsequent seasonal
allocation provided that the revised
seasonal apportionment does not exceed
20 percent of the subsequent season’s
pollock apportionment for the
management area. This provision also
states that any rollover of unharvested
pollock is applied first to the
subsequent season in the same
management area, and only then may
any remaining pollock be further
reallocated to other GOA management
areas. The purpose of the rollover is to
help fishery participants harvest as
much of the TAC as possible. However,
PO 00000
Frm 00076
Fmt 4702
Sfmt 4702
11941
the rollover regulations are designed to
mitigate incentives for the fleet to
underharvest or overharvest the
seasonal pollock apportionment in a
management area in order to influence
the amount of pollock available in the
subsequent season.
GOA Pacific Cod
NMFS establishes annual WGOA and
CGOA Pacific cod TACs for the WGOA
and CGOA and apportions these 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 among 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 60:40 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 Section 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 60:40 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 51:49 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 72:28 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
E:\FR\FM\28FEP1.SGM
28FEP1
11942
Federal Register / Vol. 85, No. 40 / Friday, February 28, 2020 / Proposed Rules
jbell on DSKJLSW7X2PROD with PROPOSALS
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 § 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
§ 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 of Pacific cod 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.
IV. Need for This Action
This proposed rule addresses
concerns that arose from a series of
discussion papers that were presented
to the Council in 2017, 2018, and 2019.
The discussion papers examined the
amount of uncaught Pacific cod TAC in
all gear sectors during the WGOA and
CGOA B season, options for changing
WGOA and CGOA pollock and Pacific
cod seasonal allocations with the goal of
improving efficiency in fishery
management, and whether delaying the
start of the WGOA and CGOA pollock
C season from August 25 to September
1 might provide operational benefits to
vessels and processors that also engage
in salmon fisheries or groundfish
fisheries outside of the GOA.
For the pollock fishery, status quo
management can result in time gaps
between the A and B seasons and
VerDate Sep<11>2014
17:07 Feb 27, 2020
Jkt 250001
between the C and D seasons. The time
gaps vary in length depending on the
pace of fishing and TAC utilization
during the A and C seasons. Table 4–8
in Section 4.5.1.2 of the Analysis shows
instances where fisheries were closed
for up to 80 percent of a season when
the pollock TAC was taken quickly. In
other cases, NMFS has closed directed
fishing for pollock toward the very end
of one season, and before another season
has started, resulting in closures that
lasted as little as one day. For example,
NMFS has closed the pollock C season
during the final four days of the season
in management areas 610 and 630 on
five occasions from 2012 through 2017.
The Council and NMFS acknowledge
that these time gaps between seasons
create operational inefficiencies and
increase costs compared to a continuous
fishery. For harvesters, operational
inefficiencies could include fuel costs to
transit back and forth to fishing
grounds, lost labor productivity (i.e.,
more days to earn the same income),
missed windows of good weather,
inability to fish during periods of high
catch per unit effort (CPUE), or inability
to fish during periods of high pollock
roe content (and higher value product)
that can occur between the A and B
seasons. Processors also experience
reduced productivity if labor and
equipment are idled. A long time gap
between seasons could also erode the
real-time knowledge of the fishing
grounds that skippers develop over the
course of a continuous season. That
knowledge is often key to achieving
higher CPUE and minimizing bycatch of
non-target species and PSC. Section
4.6.1.1.1 of the Analysis describes these
inefficiencies in greater detail.
Harvesters acknowledge that ‘‘pulse’’
fishing can limit the ability of the fleet
to avoid fishing during periods of higher
bycatch of species such as Chinook
salmon and halibut and can limit the
ability of the fleet to fish during periods
of lower bycatch. In contrast, combining
seasons and reducing time gaps could
give the fleet more flexibility to avoid
fishing in times of expected high
Chinook salmon PSC rates by providing
a lower risk of running out of time to
fully harvest a seasonal TAC. Section
3.3 of the Analysis describes bycatch
rates in the pollock and Pacific cod
fisheries and the factors that can result
in higher, or lower, bycatch of various
species.
In recommending regulatory changes
for the WGOA and CGOA pollock
fishery, the Council also sought to
address a concern about the amount of
pollock TAC that may go unharvested in
a season because of existing restrictions
on TAC rollover. As described above,
PO 00000
Frm 00077
Fmt 4702
Sfmt 4702
regulations at § 679.20(a)(5)(iv)(B) state
that unharvested pollock in one season
may be added to a subsequent seasonal
allocation provided that the revised
seasonal apportionment does not exceed
20 percent of the subsequent season’s
pollock apportionment for the
management area (see Section 2.1.1 in
the Analysis for more detail on rollover
allocation procedures). The rollover
limits are intended to prevent the
concentration of annual fishing activity
in a given time and space so that it does
not adversely affect Steller sea lions (see
Section 3.4 in the Analysis for more
detail on effects to Steller sea lions).
Because only a low percentage of a
seasonal apportionment can be rolled
over to the following season, the cap on
rollovers can result in unharvested TAC
that cannot be caught in the subsequent
season. Because the 20 percent rollover
cap must be ‘‘filled’’ for the next season
in the area where an underharvest
occurred before additional TAC may be
allocated to other areas, rollover
between areas is less frequent but not
uncommon. In cases of severely
underharvested seasonal
apportionments, rollover caps can result
in a situation where all areas receive the
maximum possible apportionment for
the following season, but an amount
still remains that cannot be reallocated
and is thus not available to be fished.
The Council determined, and NMFS
agrees, that combining the A/B and C/
D pollock seasons better addresses the
purpose and need for the proposed
action than increasing the amount of
pollock that can be rolled over to
subsequent seasons.
As described in Section 2.2 of the
Analysis, options considered under
Alternative 2 included increasing the
amount of unharvested pollock that may
be reallocated from one season to the
following season from 20 percent (status
quo) to either 25 percent (sub-option 1)
or 30 percent (sub-option 2). The
Council’s recommendation to maintain
the 20 percent rollover cap was
responsive to public testimony that
underharvest in one season might
continue into the following season,
especially if the underharvest is due to
poor fishing conditions in the
underharvested area. As such, a higher
rollover cap might increase the
possibility of leaving fish stranded
because TAC cannot be rolled over to
other areas. This is further explained in
Section 4.6.3 of the Analysis.
In addition, this proposed rule would
delay the start of the redesignated
pollock B season from August 25 to
September 1 to provide operational
benefits to vessels and processors that
also engage in salmon fisheries or
E:\FR\FM\28FEP1.SGM
28FEP1
jbell on DSKJLSW7X2PROD with PROPOSALS
Federal Register / Vol. 85, No. 40 / Friday, February 28, 2020 / Proposed Rules
groundfish fisheries outside of the GOA.
A later pollock start date would
minimize the potential for the
redesignated pollock B season to
overlap the end of salmon harvest and
reduce the operational challenges that
can occur with harvesters and
processors that participate in both of
these fisheries. Section 4.6.2.1 of the
Analysis describes the operational
inefficiencies and costs for harvesters
and processors that can occur when
processors cannot process peak
capacities of pollock and salmon at the
same time, resulting in limited
deliveries of one species or the other.
To address concerns related to
management inefficiencies in the GOA
pollock fishery, the Council
recommended, and NMFS proposes,
regulations that would (1) combine the
A and B season into a single season
(redesignated as the A season), combine
the C and D season into a single season
(redesignated as the B season), and
allocate pollock among the redesignated
A season and redesignated B season at
50 percent to the A season and 50
percent to the B season, applicable to
management areas 610, 620, and 630;
and (2) change the start date of the
redesignated B pollock season in the
GOA from August 25 to September 1,
resulting in a redesignated B season that
runs from September 1 to November 1.
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 total
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.
VerDate Sep<11>2014
17:07 Feb 27, 2020
Jkt 250001
The Council acknowledged the
changes that have occured in the B
season Pacific cod fishery, resulting in
unharvested Pacific TAC. To address
this concern, the Council recommended
Amendment 109 for Pacific cod
fisheries in the GOA. Proposed
regulations to implement 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.
Options considered under Alternative
3 explored shifting Pacific cod TAC
from the B season to the A season in 5
percent increments relative to status
quo. For example, the CGOA trawl CV
sector is currently allocated 21.14
percent of the total CGOA A season TAC
and 20.45 percent of the total CGOA B
season TAC. Those two figures are at a
51:49 percent ratio to each other. Option
1 sought a 5 percent change in relation
to the status quo ratio or, in other
words, a 56:44 percent ratio. Option 2
results in a 61:39 percent ratio for
CGOA trawl CVs, and Option 3 would
have resulted in a 66:34 percent ratio.
The same method applied to the WGOA
trawl CV sector (see Section 2.3 in the
Analysis for more detail).
The Council’s recommendation of
Alternative 3 Option 2 strikes a balance
between responding to the purpose and
need and considering effects to marine
mammals. The Pacific cod seasons were
initially established to mitigate concerns
surrounding prey availability for Steller
sea lions. While the Council concluded
that shifting a small amount of TAC
from the B season to the A season meets
its purpose and need for action, the
Council stated that a precautionary
approach is prudent given the potential
effects on Steller sea lions (See Section
3.4.2 of the Analysis).
In adopting its preferred alternatives,
the Council considered effects of the
proposed action on Steller sea lions. For
the CGOA and WGOA pollock trawl
fishery, Section 4.6.2 of the Analysis
explains that various factors affect
pollock harvest patterns, including but
not limited to fish aggregation and
quality (roe content), market
availability, encounter rates with PSClimited species, high and low TAC years
PO 00000
Frm 00078
Fmt 4702
Sfmt 4702
11943
for pollock, economic opportunities
in—or trade-offs with—other fisheries,
and other individual vessel business
decisions. These factors can be difficult
to predict with accuracy, with respect to
this action, at this time. Additionally,
many constraints that dictate the timing
and pace of the pollock fishery would
remain, even if seasons were combined
and the fleet had more available TAC at
any given moment with which to
optimize its fishing. Those constraints
would be expected to prevent harvest
patterns from changing in a significantly
different manner under the proposed
rule than seen in the past.
Finally, changing the start of the
combined C/D season from August 25 to
September 1 would not change
anticipated effects to the pollock stock
(as noted in Section 3.2.3 of the
Analysis), and therefore does not change
anticipated impacts to prey availability
for Steller sea lions.
For the Pacific cod fishery in the
CGOA and WGOA, the overall proposed
change in seasonal allocation across all
sectors combined is a modest 4 percent
from the B season to the A season. This
modest shift in seasonal allocation is
not expected to result in an increase in
vessel participation, nor a change in the
spatial distribution of the fishing vessels
(as noted in Section 4.6.4. of the
Analysis).
For the reasons outlined above, the
Council and NFMS do not expect the
implementation of Amendment 109 to
result in discernable spatial harvest
concentration or a decrease in temporal
dispersion of harvest which would
significantly affect prey availability for
Steller sea lions.
In recommending Amendment 109,
the Council has chosen a portion of each
action alternative for each of the GOA
CV pollock and Pacific cod fisheries.
This blended action will provide the
greatest improvements to operational
and management efficiency of all the
alternatives while not re-distributing
allocations of pollock or Pacific cod
between management areas or among
participants, which is a stated objective
in the purpose and need for this action.
V. This Proposed Rule
CGOA and WGOA Pollock Fishery
This proposed rule would revise
§ 679.20(a)(5)(iv)(B) to combine the
GOA Western and Central regulatory
areas’ pollock A and B seasons into a
single season (redesignated as the A
season) and combine C and D seasons
into a single season (redesignated as the
B season). This proposed rule also
would apportion 50 percent of the
CGOA and WGOA pollock TAC to the
E:\FR\FM\28FEP1.SGM
28FEP1
11944
Federal Register / Vol. 85, No. 40 / Friday, February 28, 2020 / Proposed Rules
redesignated A season and 50 percent to
the redesignated B season. These
proposed changes do not affect the
relative amount of CGOA and WGOA
pollock TAC apportioned to each season
because current regulations specify that
the TAC be evenly apportioned among
each GOA pollock season.
This proposed rule would revise
§ 679.23(d)(2) to change the dates of the
redesignated A season as January 20
through May 31 and the dates of the
redesignated B season as September 1
through November 1. This proposed
revision effectively leaves the duration
of the redesignated A season unchanged
from the duration of the current A and
B seasons, but shortens the duration of
the redesignated B season (September 1
to November 1) from the duration of the
current C and D seasons (August 25 to
November 1).
jbell on DSKJLSW7X2PROD with PROPOSALS
GOA Pacific Cod Fishery
This proposed rule would revise
§ 679.20(a)(12)(i) to specify the new
seasonal apportionments of Pacific cod
TAC for the CV trawl sectors in the
CGOA and the WGOA. Although the
overall ratio of A and B seasonal
apportionments of Pacific cod for the
trawl CV sector would be changed, this
proposed rule would not affect the
seasonal apportionments of Pacific cod
to any of the other sectors. The seasonal
apportionment of Pacific cod will
remain unchanged for all other sectors
in the CGOA and the WGOA.
This proposed rule would also revise
the tables at § 679.20(a)(12)(i)(A) and (B)
to change the seasonal allowance of
Pacific cod for trawl CVs in the WGOA
and the CGOA. For both the CGOA and
the WGOA, the A season allowance
would increase by approximately 4
percent while the B season allowance
would decrease by approximately 4
percent.
VI. Classification
Pursuant to §§ 304(b)(1)(A) and 305(d)
of the Magnuson-Stevens Act, the NMFS
Assistant Administrator has determined
that this proposed rule is consistent
with the Council’s regulatory
amendment for GOA pollock,
Amendment 109 to the GOA FMP, other
provisions of the Magnuson-Stevens
Act, and other applicable law, subject to
further consideration of comments
received during the public comment
period.
This proposed rule has been
determined to be not significant for the
purposes of Executive Order 12866.
This proposed rule is not an
Executive Order 13771 regulatory action
because this rule is not significant under
Executive Order 12866.
VerDate Sep<11>2014
17:07 Feb 27, 2020
Jkt 250001
Regulatory Impact Review (RIR)
An RIR was prepared to assess the
costs and benefits of available regulatory
alternatives. A copy of this analysis is
available from NMFS (see ADDRESSES).
NMFS is recommending Amendment
109 and the regulatory revisions in this
proposed rule based on those measures
that maximized net benefits to the
Nation. Specific aspects of the economic
analysis are discussed below.
Certification Under the Regulatory
Flexibility Act
The Chief Counsel for Regulation of
the Department of Commerce certified
to the Chief Counsel for Advocacy of the
Small Business Administration (SBA)
that this proposed rule, if adopted,
would not have a significant economic
impact on a substantial number of small
entities. The factual basis for this
determination is as follows.
This proposed rule would directly
regulate the owners and operators of
certain trawl CVs that target GOA
pollock and Pacific cod. Under the
Regulatory Flexibility Act (RFA),
businesses classified as primarily
engaged in commercial fishing are
considered small entities if they have
combined annual gross receipts not in
excess of $11.0 million for all affiliated
operations worldwide, regardless of the
type of fishing operation—i.e., finfish or
shellfish (81 FR 4469; January 26, 2016).
In 2017, the most recent year for
which ex-vessel revenue data are
available, 68 CVs participated in GOA
pollock or Pacific cod trawl fisheries. Of
those, 32 are classified as small entities
based on individual vessel revenue. The
remaining 36 vessels would be
considered small entities based only on
their individual vessel revenue.
However, analysis of directly regulated
entity revenue to determine entity size
as measured against the commercial
fishing threshold of $11.0 million must
also consider ownership affiliations and
other contractual affiliations of the
entities, worldwide. Of these 36
participating vessels, 16 are affiliated
with other vessels and their operating
entities via affiliations with Central
GOA Rockfish Program cooperatives.
Additionally, the remaining 20 vessel
operations are affiliated via American
Fisheries Act cooperatives. Thus these
36 operating entities are not considered
small entities for RFA purposes. There
are also 43 inactive licenses that lack
any recent associated revenue history
and the owners of these licenses are
considered potentially directly
regulated small entities.
The general purpose of this action, as
identified in the RIR, is to enhance the
PO 00000
Frm 00079
Fmt 4702
Sfmt 4702
operational and management efficiency
of the GOA pollock and Pacific cod
trawl fisheries with the goal of
improving efficiency in fishery
management and prosecution while
providing additional value from the
fishery by allowing participants to focus
effort when target groundfish species are
available and of high product quality.
The RIR determined that this action
would provide harvesters and
processors that prosecute GOA pollock
with flexibility to maximize yield by
fishing when the resource is most
available and productive (e.g.,
aggregation or roe content). The
flexibility provided by this action might
also allow harvesters to minimize PSC
in certain cases. Essentially, this action
provides an additional ‘‘tool’’ for
participants to optimize their
participation to the extent possible.
With regard to directly regulated small
entities operating in the GOA pollock
and Pacific cod trawl fisheries, this
action is a beneficial action. The
proposed action will not impose any
adverse economic impacts on any
directly regulated small entities. This
proposed action, therefore, is not
expected to have a significant economic
impact on a substantial number of
directly regulated small entities. As a
result, an initial regulatory flexibility
analysis is not required, and none has
been prepared.
List of Subjects in 50 CFR Part 679
Alaska, Fisheries, Reporting and
recordkeeping requirements.
Dated: February 20, 2020.
Samuel D. Rauch III,
Deputy Assistant Administrator for
Regulatory Programs, National Marine
Fisheries Service.
For reasons set out in the preamble,
50 CFR part 679 is proposed to be
amended as follows:
PART 679—FISHERIES OF THE
EXCLUSIVE ECONOMIC ZONE OFF
ALASKA
1. The authority citation for 50 CFR
part 679 continues to read as follows:
■
Authority: 16 U.S.C. 773 et seq.; 1801 et
seq.; 3631 et seq.; Pub. L. 108–447; Pub. L.
111–281.
2. In § 679.20, revise paragraphs
(a)(5)(iv)(B), (a)(12)(i) introductory text,
(a)(12)(i)(A)(3), and (a)(12)(i)(B)(4) to
read as follows:
■
§ 679.20
*
General Limitations.
*
*
(a) * * *
(5) * * *
(iv) * * *
E:\FR\FM\28FEP1.SGM
28FEP1
*
*
11945
Federal Register / Vol. 85, No. 40 / Friday, February 28, 2020 / Proposed Rules
(B) GOA Western and Central
Regulatory Areas seasonal
apportionments. Each apportionment
established under paragraph
(a)(5)(iv)(A) of this section will be
divided into two seasonal
apportionments corresponding to the
two fishing seasons specified in
§ 679.23(d)(2) as follows: A Season, 50
percent; and B Season, 50 percent.
Within any fishing year, underharvest or
overharvest of a seasonal apportionment
may be added to or subtracted from
remaining seasonal apportionments in a
manner to be determined by the
Regional Administrator, provided that
any revised seasonal apportionment
does not exceed 20 percent of the
seasonal TAC apportionment for the
statistical area. The reapportionment of
underharvest will be applied to the
subsequent season within the same
statistical area up to the 20 percent limit
specified in this paragraph. Any
underharvest remaining beyond the 20
percent limit may be further
apportioned to the subsequent season in
the other statistical areas, in proportion
to estimated biomass and in an amount
no more than 20 percent of the seasonal
TAC apportionment for the statistical
area.
*
*
*
*
*
(12) * * *
(i) Seasonal allowances by sector. The
Western and Central GOA Pacific cod
TACs will be seasonally apportioned to
each sector such that 63.84 percent of
the Western GOA TAC is apportioned to
the A season and 36.16 percent of the
Western GOA TAC is apportioned to the
B season, and 64.16 percent of the
Central GOA TAC is apportioned to the
A season and 35.84 percent of the
Central GOA TAC is apportioned to the
B season, as specified in § 679.23(d)(3).
(A) * * *
Seasonal allowances
Sector
Gear type
Operation type
*
(3) .............................
*
*
Trawl ..........................................................
*
*
Catcher vessel ...........................................
*
*
*
*
A season
(in percent)
*
*
B season
(in percent)
*
31.54
*
6.86
*
(B) * * *
Seasonal allowances
Sector
Gear type
*
(4) ......................
*
*
Trawl .............................................
*
Operation type
*
*
*
*
*
3. In § 679.23, revise paragraph (d)(2)
to read as follows:
■
§ 679.23
Seasons.
*
*
*
*
(d) * * *
(2) Directed fishing for pollock.
Subject to other provisions of this part,
jbell on DSKJLSW7X2PROD with PROPOSALS
*
VerDate Sep<11>2014
17:07 Feb 27, 2020
*
*
Catcher vessel .............................. Any ....................
*
*
Jkt 250001
Length overall in
feet
*
*
directed fishing for pollock in the
Western and Central Regulatory Areas is
authorized only during the following
two seasons:
(i) A season. From 1200 hours, A.l.t.,
January 20 through 1200 hours, A.l.t.,
May 31; and
PO 00000
Frm 00080
Fmt 4702
Sfmt 9990
A season
(in percent)
*
B season
(in percent)
*
25.29364
*
16.29047
*
(ii) B season. From 1200 hours, A.l.t.,
September 1 through 1200 hours, A.l.t.,
November 1.
*
*
*
*
*
[FR Doc. 2020–03777 Filed 2–27–20; 8:45 am]
BILLING CODE 3510–22–P
E:\FR\FM\28FEP1.SGM
28FEP1
]]>Agencies
[Federal Register Volume 85, Number 40 (Friday, February 28, 2020)]
[Proposed Rules]
[Pages 11939-11945]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-03777]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 679
[Docket No. 200219-0059]
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: Proposed rule; request for comments.
-----------------------------------------------------------------------
SUMMARY: NMFS issues a proposed rule to implement Amendment 109 to the
Fishery Management Plan for Groundfish of the Gulf of Alaska (GOA FMP)
and to implement a regulatory amendment to the regulations governing
pollock fishing in the Gulf of Alaska. This proposed rule will reduce
operational and management inefficiencies in the Central Gulf of Alaska
and Western Gulf of Alaska trawl catcher vessel pollock and Pacific cod
fisheries by reducing regulatory time gaps between the pollock seasons,
and changing Gulf of Alaska Pacific cod seasonal apportionments to
allow greater harvest opportunities earlier in the year. This action 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 March 30, 2020.
[[Page 11940]]
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 end of 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
will be publicly accessible. NMFS will accept anonymous comments (enter
``N/A'' in the required fields if you wish to remain anonymous).
Electronic copies of the 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:
I. Authority for Action
NMFS manages the U.S. groundfish fisheries of the Gulf of Alaska
(GOA) under the GOA FMP. The North Pacific Fishery Management Council
(Council) prepared, and the Secretary of Commerce (Secretary) approved,
the GOA FMP under the authority of the Magnuson-Stevens Fishery
Conservation and Management Act (Magnuson-Stevens Act), 16 U.S.C. 1801
et seq. Regulations governing U.S. fisheries and implementing the GOA
FMP appear at 50 CFR parts 600 and 679. The Council is authorized to
prepare and recommend a fishery management plan (FMP) amendment for the
conservation and management of a fishery managed under the FMP. NMFS
conducts rulemaking to implement FMP amendments and regulatory
amendments. FMP amendments and regulations developed by the Council may
be implemented by NMFS only after approval by the Secretary.
The Council recommended Amendment 109 to the GOA FMP (Amendment
109) and a regulatory amendment for pollock fisheries in the Gulf of
Alaska (GOA). This proposed rule would implement Amendment 109 by
changing CGOA and 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. This
proposed rule also would implement the Council's regulatory amendment
by combining the Central Gulf of Alaska (CGOA) and Western Gulf of
Alaska (WGOA) trawl CV pollock fishery A and B seasons into a single
season (redesignated as the A season), and the C and D seasons into a
single season (redesignated as the B season), and by changing the
annual start date of the redesignated pollock B season from August 25
to September 1. The proposed changes for pollock and Pacific cod would
only be applicable to the CGOA and the WGOA, which are comprised of
NMFS statistical areas 610 (WGOA) and 620 and 630 (CGOA) (see Figure 3
to part 679). This preamble uses the term ``management area'' to refer
to ``statistical area'' to avoid confusion with State of Alaska
``statistical areas.'' Also, the term ``management area'' is commonly
used by harvesters and processors to refer to NMFS statistical areas.
In recommending Amendment 109 and the regulatory amendment, the Council
intends to provide participants with an opportunity to increase fishery
yield, increase management flexibility, and potentially decrease
prohibited species catch (PSC) in the CGOA and WGOA while not
redistributing fishing opportunities between management areas or
harvesting sectors.
A notice of availability (NOA) for Amendment 109 was published in
the Federal Register on February 6, 2020, with comments invited through
April 6, 2020. Comments submitted on this proposed rule by the end of
the comment period (See DATES) will be considered by NMFS and addressed
in the response to comments in the final rule. Comments submitted on
this proposed rule may address Amendment 109 or this proposed rule.
However, all comments addressing Amendment 109 must be received by
April 6, 2020, to be considered in the approval/disapproval decision on
Amendment 109. Commenters do not need to submit the same comments on
both the NOA and this proposed rule. All relevant written comments
received by April 6, 2020, whether specifically directed to Amendment
109, this proposed rule, or both, will be considered by NMFS in the
approval/disapproval decision for Amendment 109 and addressed in the
response to comments in the final rule.
II. Background
This proposed rule would modify the seasonal apportionment of
pollock and Pacific cod TAC in the CGOA and WGOA. The purpose of this
action is to reduce operational and management inefficiencies in the
CGOA and WGOA trawl CV pollock and Pacific cod fisheries by (1)
reducing regulatory time gaps between the pollock fishery A and B
seasons and the C and D seasons, and (2) changing seasonal Pacific cod
apportionments in the GOA to allow greater harvest opportunities
earlier in the year. Modifying the seasonal allocations of pollock and
Pacific cod could allow the fisheries to more fully harvest the TAC of
GOA pollock and Pacific cod, increase management flexibility, and
potentially decrease PSC while not redistributing fishing opportunities
between management areas or harvest sectors. The following sections
describe (1) the affected fisheries participants and the current
seasonal allocations of pollock and Pacific cod in the CGOA and WGOA,
(2) the need for this action, and (3) this proposed rule.
III. The Affected Fisheries Participants and Current Seasonal
Allocations
A. Affected Fisheries Participants
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. This
proposed rule would affect the trawl fisheries for pollock and Pacific
cod in two specific areas of the GOA: (1) The CGOA regulatory area
(comprised of management areas 620 and 630), and (2) the WGOA
regulatory area (comprised of management area 610). These specific
areas are defined at Sec. 679.2. This proposed action would apply only
to the federally permitted CVs using trawl gear to harvest pollock or
Pacific cod in management areas 610, 620, and 630 of the GOA. This
action would not apply to the Eastern GOA West Yakutat District
(management area 640).
Regulations at Sec. 679.4(k) require trawl vessels participating
in the GOA pollock and Pacific cod fisheries to possess a License
Limitation Program license (LLP). Overall, 124 CV LLPs are endorsed for
GOA trawl fishing. Ninety-
[[Page 11941]]
seven CV LLPs are endorsed for CGOA trawl fishing and 78 CV LLPs are
endorsed for WGOA trawl fishing. Fifty-one LLPs are trawl-endorsed for
both areas. Table 4-1 in the Analysis shows the number of vessels that
participated in the 2018 federally managed GOA pollock and Pacific cod
fisheries, by season and gear type.
B. Current Seasonal Allocations of Pollock and Pacific Cod in the CGOA
and WGOA
GOA Pollock
The four pollock seasons for the CGOA and WGOA (management areas
610, 620, and 630) are currently defined in regulations at Sec.
679.23(d)(2) as follows:
A season--From 1200 hours, A.l.t., January 20 to 1200 hours, A.l.t.,
March 10
B season--From 1200 hours, A.l.t., March 10 to 1200 hours, A.l.t., May
31
C season--From 1200 hours, A.l.t., August 25 to 1200 hours, A.l.t.,
October 1
D season--From 1200 hours, A.l.t., October 1 to 1200 hours, A.l.t.,
November 1
Through the annual harvest specifications process, NMFS establishes
pollock TACs for management areas 610, 620, and 630 within the CGOA and
the WGOA. These TACs are established in proportion to the distribution
of the pollock biomass in those areas as determined by the most recent
NMFS surveys. In addition, the regulations at Sec. 679.20(a)(5)(iv)(B)
state that 25 percent of the combined pollock TAC for the CGOA and WGOA
is allocated to each of the four seasons. The seasonal apportionments
are then further apportioned across management areas (i.e., management
area 610, 620, and 630) based on estimated biomass distribution
throughout the year. The most recent example of these allocations is
found in the 2019/2020 annual harvest specifications for the GOA (84 FR
9416, March 14, 2019).
Over the last 15 years, the seasonal pollock biomass distribution
has shifted substantially, resulting in relatively smaller seasonal
apportionments in management area 610--most notably in the A and B
seasons--while substantially increasing seasonal apportionments and
annual TACs in management area 620 and, to a lesser degree, management
area 630. In 2003, management area 610 received 25.00 percent of the A
and B season apportionments, and 47.00 percent of the C and D season
apportionments. In 2018, management area 610 received only 3.50 percent
of the A and B season apportionments, and 36.59 percent of the C and D
season apportionments. Over the same period, management area 620 went
from 56.00 percent to 72.54 percent of the A season apportionment, and
from 66.00 percent to 85.39 percent of the B season apportionment. For
the C and D seasons, management area 620 went from 23.00 percent to
26.59 percent of the C and D season apportionments. Seasonal biomass
distributions for the WGOA and CGOA pollock regulatory areas are
summarized in Table 2-1 in the Analysis. The seasonal biomass
distribution aspect of annual harvest specifications is designed so
that the pollock fleet is able to harvest fish where they are
occurring, and not to allocate harvest opportunities to one area
relative to another.
NMFS inseason managers monitor the catch of pollock and close the
directed pollock fishery in each management area when they determine
the seasonal apportionment will be taken. Because this process is based
on many variable factors, sometimes catch exceeds the seasonal
apportionment and sometimes catch is less than the seasonal
apportionment.
NMFS' objective is to allow for optimal harvest while avoiding an
overage of the seasonal apportionment or the annual TAC. TAC that is
not harvested in one area or season that cannot be reallocated to a
subsequent season is not made available for later harvest. TAC that
remains at the end of the D season is not rolled over to the following
calendar year.
After each management area's overages or underages are accounted
for, NMFS has the ability to reallocate, or ``rollover,'' pollock that
is not harvested in one season to the subsequent season in the same or
other management area(s) according to a prescribed series of steps that
are predicated on the area TAC levels and seasonal apportionments
established in the annual harvest specifications and are described in
detail in Section 2.1.1 in the Analysis.
Regulations at Sec. 679.20(a)(5)(iv)(B) state that unharvested
pollock may be added to a subsequent seasonal allocation provided that
the revised seasonal apportionment does not exceed 20 percent of the
subsequent season's pollock apportionment for the management area. This
provision also states that any rollover of unharvested pollock is
applied first to the subsequent season in the same management area, and
only then may any remaining pollock be further reallocated to other GOA
management areas. The purpose of the rollover is to help fishery
participants harvest as much of the TAC as possible. However, the
rollover regulations are designed to mitigate incentives for the fleet
to underharvest or overharvest the seasonal pollock apportionment in a
management area in order to influence the amount of pollock available
in the subsequent season.
GOA Pacific Cod
NMFS establishes annual WGOA and CGOA Pacific cod TACs for the WGOA
and CGOA and apportions these 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 among 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 60:40 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 Section 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
60:40 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 51:49 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 72:28 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
[[Page 11942]]
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 Sec. 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 Sec. 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 of Pacific cod 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.
IV. Need for This Action
This proposed rule addresses concerns that arose from a series of
discussion papers that were presented to the Council in 2017, 2018, and
2019. The discussion papers examined the amount of uncaught Pacific cod
TAC in all gear sectors during the WGOA and CGOA B season, options for
changing WGOA and CGOA pollock and Pacific cod seasonal allocations
with the goal of improving efficiency in fishery management, and
whether delaying the start of the WGOA and CGOA pollock C season from
August 25 to September 1 might provide operational benefits to vessels
and processors that also engage in salmon fisheries or groundfish
fisheries outside of the GOA.
For the pollock fishery, status quo management can result in time
gaps between the A and B seasons and between the C and D seasons. The
time gaps vary in length depending on the pace of fishing and TAC
utilization during the A and C seasons. Table 4-8 in Section 4.5.1.2 of
the Analysis shows instances where fisheries were closed for up to 80
percent of a season when the pollock TAC was taken quickly. In other
cases, NMFS has closed directed fishing for pollock toward the very end
of one season, and before another season has started, resulting in
closures that lasted as little as one day. For example, NMFS has closed
the pollock C season during the final four days of the season in
management areas 610 and 630 on five occasions from 2012 through 2017.
The Council and NMFS acknowledge that these time gaps between
seasons create operational inefficiencies and increase costs compared
to a continuous fishery. For harvesters, operational inefficiencies
could include fuel costs to transit back and forth to fishing grounds,
lost labor productivity (i.e., more days to earn the same income),
missed windows of good weather, inability to fish during periods of
high catch per unit effort (CPUE), or inability to fish during periods
of high pollock roe content (and higher value product) that can occur
between the A and B seasons. Processors also experience reduced
productivity if labor and equipment are idled. A long time gap between
seasons could also erode the real-time knowledge of the fishing grounds
that skippers develop over the course of a continuous season. That
knowledge is often key to achieving higher CPUE and minimizing bycatch
of non-target species and PSC. Section 4.6.1.1.1 of the Analysis
describes these inefficiencies in greater detail. Harvesters
acknowledge that ``pulse'' fishing can limit the ability of the fleet
to avoid fishing during periods of higher bycatch of species such as
Chinook salmon and halibut and can limit the ability of the fleet to
fish during periods of lower bycatch. In contrast, combining seasons
and reducing time gaps could give the fleet more flexibility to avoid
fishing in times of expected high Chinook salmon PSC rates by providing
a lower risk of running out of time to fully harvest a seasonal TAC.
Section 3.3 of the Analysis describes bycatch rates in the pollock and
Pacific cod fisheries and the factors that can result in higher, or
lower, bycatch of various species.
In recommending regulatory changes for the WGOA and CGOA pollock
fishery, the Council also sought to address a concern about the amount
of pollock TAC that may go unharvested in a season because of existing
restrictions on TAC rollover. As described above, regulations at Sec.
679.20(a)(5)(iv)(B) state that unharvested pollock in one season may be
added to a subsequent seasonal allocation provided that the revised
seasonal apportionment does not exceed 20 percent of the subsequent
season's pollock apportionment for the management area (see Section
2.1.1 in the Analysis for more detail on rollover allocation
procedures). The rollover limits are intended to prevent the
concentration of annual fishing activity in a given time and space so
that it does not adversely affect Steller sea lions (see Section 3.4 in
the Analysis for more detail on effects to Steller sea lions). Because
only a low percentage of a seasonal apportionment can be rolled over to
the following season, the cap on rollovers can result in unharvested
TAC that cannot be caught in the subsequent season. Because the 20
percent rollover cap must be ``filled'' for the next season in the area
where an underharvest occurred before additional TAC may be allocated
to other areas, rollover between areas is less frequent but not
uncommon. In cases of severely underharvested seasonal apportionments,
rollover caps can result in a situation where all areas receive the
maximum possible apportionment for the following season, but an amount
still remains that cannot be reallocated and is thus not available to
be fished. The Council determined, and NMFS agrees, that combining the
A/B and C/D pollock seasons better addresses the purpose and need for
the proposed action than increasing the amount of pollock that can be
rolled over to subsequent seasons.
As described in Section 2.2 of the Analysis, options considered
under Alternative 2 included increasing the amount of unharvested
pollock that may be reallocated from one season to the following season
from 20 percent (status quo) to either 25 percent (sub-option 1) or 30
percent (sub-option 2). The Council's recommendation to maintain the 20
percent rollover cap was responsive to public testimony that
underharvest in one season might continue into the following season,
especially if the underharvest is due to poor fishing conditions in the
underharvested area. As such, a higher rollover cap might increase the
possibility of leaving fish stranded because TAC cannot be rolled over
to other areas. This is further explained in Section 4.6.3 of the
Analysis.
In addition, this proposed rule would delay the start of the
redesignated pollock B season from August 25 to September 1 to provide
operational benefits to vessels and processors that also engage in
salmon fisheries or
[[Page 11943]]
groundfish fisheries outside of the GOA. A later pollock start date
would minimize the potential for the redesignated pollock B season to
overlap the end of salmon harvest and reduce the operational challenges
that can occur with harvesters and processors that participate in both
of these fisheries. Section 4.6.2.1 of the Analysis describes the
operational inefficiencies and costs for harvesters and processors that
can occur when processors cannot process peak capacities of pollock and
salmon at the same time, resulting in limited deliveries of one species
or the other.
To address concerns related to management inefficiencies in the GOA
pollock fishery, the Council recommended, and NMFS proposes,
regulations that would (1) combine the A and B season into a single
season (redesignated as the A season), combine the C and D season into
a single season (redesignated as the B season), and allocate pollock
among the redesignated A season and redesignated B season at 50 percent
to the A season and 50 percent to the B season, applicable to
management areas 610, 620, and 630; and (2) change the start date of
the redesignated B pollock season in the GOA from August 25 to
September 1, resulting in a redesignated B season that runs from
September 1 to November 1.
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 total 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 the changes that have occured in the B
season Pacific cod fishery, resulting in unharvested Pacific TAC. To
address this concern, the Council recommended Amendment 109 for Pacific
cod fisheries in the GOA. Proposed regulations to implement 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.
Options considered under Alternative 3 explored shifting Pacific
cod TAC from the B season to the A season in 5 percent increments
relative to status quo. For example, the CGOA trawl CV sector is
currently allocated 21.14 percent of the total CGOA A season TAC and
20.45 percent of the total CGOA B season TAC. Those two figures are at
a 51:49 percent ratio to each other. Option 1 sought a 5 percent change
in relation to the status quo ratio or, in other words, a 56:44 percent
ratio. Option 2 results in a 61:39 percent ratio for CGOA trawl CVs,
and Option 3 would have resulted in a 66:34 percent ratio. The same
method applied to the WGOA trawl CV sector (see Section 2.3 in the
Analysis for more detail).
The Council's recommendation of Alternative 3 Option 2 strikes a
balance between responding to the purpose and need and considering
effects to marine mammals. The Pacific cod seasons were initially
established to mitigate concerns surrounding prey availability for
Steller sea lions. While the Council concluded that shifting a small
amount of TAC from the B season to the A season meets its purpose and
need for action, the Council stated that a precautionary approach is
prudent given the potential effects on Steller sea lions (See Section
3.4.2 of the Analysis).
In adopting its preferred alternatives, the Council considered
effects of the proposed action on Steller sea lions. For the CGOA and
WGOA pollock trawl fishery, Section 4.6.2 of the Analysis explains that
various factors affect pollock harvest patterns, including but not
limited to fish aggregation and quality (roe content), market
availability, encounter rates with PSC-limited species, high and low
TAC years for pollock, economic opportunities in--or trade-offs with--
other fisheries, and other individual vessel business decisions. These
factors can be difficult to predict with accuracy, with respect to this
action, at this time. Additionally, many constraints that dictate the
timing and pace of the pollock fishery would remain, even if seasons
were combined and the fleet had more available TAC at any given moment
with which to optimize its fishing. Those constraints would be expected
to prevent harvest patterns from changing in a significantly different
manner under the proposed rule than seen in the past.
Finally, changing the start of the combined C/D season from August
25 to September 1 would not change anticipated effects to the pollock
stock (as noted in Section 3.2.3 of the Analysis), and therefore does
not change anticipated impacts to prey availability for Steller sea
lions.
For the Pacific cod fishery in the CGOA and WGOA, the overall
proposed change in seasonal allocation across all sectors combined is a
modest 4 percent from the B season to the A season. This modest shift
in seasonal allocation is not expected to result in an increase in
vessel participation, nor a change in the spatial distribution of the
fishing vessels (as noted in Section 4.6.4. of the Analysis).
For the reasons outlined above, the Council and NFMS do not expect
the implementation of Amendment 109 to result in discernable spatial
harvest concentration or a decrease in temporal dispersion of harvest
which would significantly affect prey availability for Steller sea
lions.
In recommending Amendment 109, the Council has chosen a portion of
each action alternative for each of the GOA CV pollock and Pacific cod
fisheries. This blended action will provide the greatest improvements
to operational and management efficiency of all the alternatives while
not re-distributing allocations of pollock or Pacific cod between
management areas or among participants, which is a stated objective in
the purpose and need for this action.
V. This Proposed Rule
CGOA and WGOA Pollock Fishery
This proposed rule would revise Sec. 679.20(a)(5)(iv)(B) to
combine the GOA Western and Central regulatory areas' pollock A and B
seasons into a single season (redesignated as the A season) and combine
C and D seasons into a single season (redesignated as the B season).
This proposed rule also would apportion 50 percent of the CGOA and WGOA
pollock TAC to the
[[Page 11944]]
redesignated A season and 50 percent to the redesignated B season.
These proposed changes do not affect the relative amount of CGOA and
WGOA pollock TAC apportioned to each season because current regulations
specify that the TAC be evenly apportioned among each GOA pollock
season.
This proposed rule would revise Sec. 679.23(d)(2) to change the
dates of the redesignated A season as January 20 through May 31 and the
dates of the redesignated B season as September 1 through November 1.
This proposed revision effectively leaves the duration of the
redesignated A season unchanged from the duration of the current A and
B seasons, but shortens the duration of the redesignated B season
(September 1 to November 1) from the duration of the current C and D
seasons (August 25 to November 1).
GOA Pacific Cod Fishery
This proposed rule would revise Sec. 679.20(a)(12)(i) to specify
the new seasonal apportionments of Pacific cod TAC for the CV trawl
sectors in the CGOA and the WGOA. Although the overall ratio of A and B
seasonal apportionments of Pacific cod for the trawl CV sector would be
changed, this proposed rule would not affect the seasonal
apportionments of Pacific cod to any of the other sectors. The seasonal
apportionment of Pacific cod will remain unchanged for all other
sectors in the CGOA and the WGOA.
This proposed rule would also revise the tables at Sec.
679.20(a)(12)(i)(A) and (B) to change the seasonal allowance of Pacific
cod for trawl CVs in the WGOA and the CGOA. For both the CGOA and the
WGOA, the A season allowance would increase by approximately 4 percent
while the B season allowance would decrease by approximately 4 percent.
VI. Classification
Pursuant to Sec. Sec. 304(b)(1)(A) and 305(d) of the Magnuson-
Stevens Act, the NMFS Assistant Administrator has determined that this
proposed rule is consistent with the Council's regulatory amendment for
GOA pollock, Amendment 109 to the GOA FMP, other provisions of the
Magnuson-Stevens Act, and other applicable law, subject to further
consideration of comments received during the public comment period.
This proposed rule has been determined to be not significant for
the purposes of Executive Order 12866.
This proposed rule is not an Executive Order 13771 regulatory
action because this rule is not significant under Executive Order
12866.
Regulatory Impact Review (RIR)
An RIR was prepared to assess the costs and benefits of available
regulatory alternatives. A copy of this analysis is available from NMFS
(see ADDRESSES). NMFS is recommending Amendment 109 and the regulatory
revisions in this proposed rule based on those measures that maximized
net benefits to the Nation. Specific aspects of the economic analysis
are discussed below.
Certification Under the Regulatory Flexibility Act
The Chief Counsel for Regulation of the Department of Commerce
certified to the Chief Counsel for Advocacy of the Small Business
Administration (SBA) that this proposed rule, if adopted, would not
have a significant economic impact on a substantial number of small
entities. The factual basis for this determination is as follows.
This proposed rule would directly regulate the owners and operators
of certain trawl CVs that target GOA pollock and Pacific cod. Under the
Regulatory Flexibility Act (RFA), businesses classified as primarily
engaged in commercial fishing are considered small entities if they
have combined annual gross receipts not in excess of $11.0 million for
all affiliated operations worldwide, regardless of the type of fishing
operation--i.e., finfish or shellfish (81 FR 4469; January 26, 2016).
In 2017, the most recent year for which ex-vessel revenue data are
available, 68 CVs participated in GOA pollock or Pacific cod trawl
fisheries. Of those, 32 are classified as small entities based on
individual vessel revenue. The remaining 36 vessels would be considered
small entities based only on their individual vessel revenue. However,
analysis of directly regulated entity revenue to determine entity size
as measured against the commercial fishing threshold of $11.0 million
must also consider ownership affiliations and other contractual
affiliations of the entities, worldwide. Of these 36 participating
vessels, 16 are affiliated with other vessels and their operating
entities via affiliations with Central GOA Rockfish Program
cooperatives. Additionally, the remaining 20 vessel operations are
affiliated via American Fisheries Act cooperatives. Thus these 36
operating entities are not considered small entities for RFA purposes.
There are also 43 inactive licenses that lack any recent associated
revenue history and the owners of these licenses are considered
potentially directly regulated small entities.
The general purpose of this action, as identified in the RIR, is to
enhance the operational and management efficiency of the GOA pollock
and Pacific cod trawl fisheries with the goal of improving efficiency
in fishery management and prosecution while providing additional value
from the fishery by allowing participants to focus effort when target
groundfish species are available and of high product quality. The RIR
determined that this action would provide harvesters and processors
that prosecute GOA pollock with flexibility to maximize yield by
fishing when the resource is most available and productive (e.g.,
aggregation or roe content). The flexibility provided by this action
might also allow harvesters to minimize PSC in certain cases.
Essentially, this action provides an additional ``tool'' for
participants to optimize their participation to the extent possible.
With regard to directly regulated small entities operating in the GOA
pollock and Pacific cod trawl fisheries, this action is a beneficial
action. The proposed action will not impose any adverse economic
impacts on any directly regulated small entities. This proposed action,
therefore, is not expected to have a significant economic impact on a
substantial number of directly regulated small entities. As a result,
an initial regulatory flexibility analysis is not required, and none
has been prepared.
List of Subjects in 50 CFR Part 679
Alaska, Fisheries, Reporting and recordkeeping requirements.
Dated: February 20, 2020.
Samuel D. Rauch III,
Deputy Assistant Administrator for Regulatory Programs, National Marine
Fisheries Service.
For reasons set out in the preamble, 50 CFR part 679 is proposed to
be amended as follows:
PART 679--FISHERIES OF THE EXCLUSIVE ECONOMIC ZONE OFF ALASKA
0
1. The authority citation for 50 CFR part 679 continues to read as
follows:
Authority: 16 U.S.C. 773 et seq.; 1801 et seq.; 3631 et seq.;
Pub. L. 108-447; Pub. L. 111-281.
0
2. In Sec. 679.20, revise paragraphs (a)(5)(iv)(B), (a)(12)(i)
introductory text, (a)(12)(i)(A)(3), and (a)(12)(i)(B)(4) to read as
follows:
Sec. 679.20 General Limitations.
* * * * *
(a) * * *
(5) * * *
(iv) * * *
[[Page 11945]]
(B) GOA Western and Central Regulatory Areas seasonal
apportionments. Each apportionment established under paragraph
(a)(5)(iv)(A) of this section will be divided into two seasonal
apportionments corresponding to the two fishing seasons specified in
Sec. 679.23(d)(2) as follows: A Season, 50 percent; and B Season, 50
percent. Within any fishing year, underharvest or overharvest of a
seasonal apportionment may be added to or subtracted from remaining
seasonal apportionments in a manner to be determined by the Regional
Administrator, provided that any revised seasonal apportionment does
not exceed 20 percent of the seasonal TAC apportionment for the
statistical area. The reapportionment of underharvest will be applied
to the subsequent season within the same statistical area up to the 20
percent limit specified in this paragraph. Any underharvest remaining
beyond the 20 percent limit may be further apportioned to the
subsequent season in the other statistical areas, in proportion to
estimated biomass and in an amount no more than 20 percent of the
seasonal TAC apportionment for the statistical area.
* * * * *
(12) * * *
(i) Seasonal allowances by sector. The Western and Central GOA
Pacific cod TACs will be seasonally apportioned to each sector such
that 63.84 percent of the Western GOA TAC is apportioned to the A
season and 36.16 percent of the Western GOA TAC is apportioned to the B
season, and 64.16 percent of the Central GOA TAC is apportioned to the
A season and 35.84 percent of the Central GOA TAC is apportioned to the
B season, as specified in Sec. 679.23(d)(3).
(A) * * *
----------------------------------------------------------------------------------------------------------------
Seasonal allowances
-------------------------------
Sector Gear type Operation type A season (in B season (in
percent) percent)
----------------------------------------------------------------------------------------------------------------
* * * * * * *
(3)............................... Trawl................ Catcher vessel....... 31.54 6.86
* * * * * * *
----------------------------------------------------------------------------------------------------------------
(B) * * *
----------------------------------------------------------------------------------------------------------------
Seasonal allowances
Length overall -------------------------------
Sector Gear type Operation type in feet A season (in B season (in
percent) percent)
----------------------------------------------------------------------------------------------------------------
* * * * * * *
(4).......................... Trawl.......... Catcher vessel. Any............ 25.29364 16.29047
* * * * * * *
----------------------------------------------------------------------------------------------------------------
* * * * *
0
3. In Sec. 679.23, revise paragraph (d)(2) to read as follows:
Sec. 679.23 Seasons.
* * * * *
(d) * * *
(2) Directed fishing for pollock. Subject to other provisions of
this part, directed fishing for pollock in the Western and Central
Regulatory Areas is authorized only during the following two seasons:
(i) A season. From 1200 hours, A.l.t., January 20 through 1200
hours, A.l.t., May 31; and
(ii) B season. From 1200 hours, A.l.t., September 1 through 1200
hours, A.l.t., November 1.
* * * * *
[FR Doc. 2020-03777 Filed 2-27-20; 8:45 am]
BILLING CODE 3510-22-P
