Fisheries of the Exclusive Economic Zone; Authorizing Hook-and-Line Catcher/Processors To Use Longline Pot Gear in the Bering Sea Greenland Turbot Fishery, 13842-13847 [2025-05145]
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they were originally scheduled to be
open, as described below.
Effective dates: Inseason action #18
takes effect for the following areas and
dates, and remains in effect until
superseded.
• Effective March 15, 2025, at 12:01
a.m., for the commercial salmon troll
fishery in the area between Cape Falcon,
OR, and Humbug Mountain, OR,
through April 9, 2025, at 11:59 p.m.
• Effective March 15, 2025, at 12:01
a.m., for the commercial salmon troll
fishery in the area between Humbug
Mountain and the Oregon/California
border through April 14, 2025, at 11:59
p.m.
All other restrictions and regulations
remain in effect as announced for the
2024–2025 ocean salmon fisheries (89
FR 44553, May 21, 2024; 89 FR 53529,
June 27, 2024; 89 FR 61355, July 31,
2024; 89 FR 104895, December 26, 2024)
except as previously modified by
inseason actions.
The states and Tribes manage the
fisheries in state waters adjacent to the
areas of the U.S. exclusive economic
zone (3–200 nautical miles; 5.6–370.4
kilometers) off the coasts of the States of
Washington, Oregon, and California
consistent with these Federal actions.
As provided by the inseason notice
procedures at 50 CFR 660.411, actual
notice of the described regulatory
actions was given, prior to the time the
actions became effective, by telephone
hotline numbers 206–526–6667 and
800–662–9825, and by U.S. Coast Guard
Notice to Mariners broadcasts on
Channel 16 VHF–FM and 2182 kHz.
Classification
NMFS issues these actions pursuant
to section 305(d) of the MSA. These
actions are authorized by 50 CFR
660.409, which was issued pursuant to
section 304(b) of the MSA, and are
exempt from review under Executive
Order 12866.
Pursuant to 5 U.S.C. 553(b)(3)(B),
there is good cause to waive prior notice
and an opportunity for public comment
on this action, as notice and comment
would be impracticable and contrary to
the public interest. Prior notice and
opportunity for public comment on this
action was impracticable because NMFS
had insufficient time to provide for
prior notice and the opportunity for
public comment between the time
Chinook and coho salmon abundance,
catch, and effort information were
developed and fisheries impacts were
calculated, and the time the fishery
modifications had to be implemented in
order to ensure that fisheries are
managed based on the best scientific
information available. As previously
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noted, actual notice of the regulatory
action was provided to fishers through
telephone hotlines and radio
notifications. These actions comply
with the requirements of the annual
management measures for ocean salmon
fisheries (89 FR 44553, May 21, 2024; 89
FR 53529, June 27, 2024), the FMP, and
regulations implementing the FMP
under 50 CFR 660.409 and 660.411.
There is good cause under 5 U.S.C.
553(d)(3) to waive the 30-day delay in
effective date, as a delay in effectiveness
of this action would allow fishing at
levels inconsistent with the goals of the
FMP and the current management
measures.
Authority: 16 U.S.C. 1801 et seq.
Dated: March 24, 2025.
Karen H. Abrams,
Acting Director, Office of Sustainable
Fisheries, National Marine Fisheries Service.
[FR Doc. 2025–05259 Filed 3–26–25; 8:45 am]
BILLING CODE 3510–22–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 679
[Docket No. 250321–0045]
RIN 0648–BM77
Fisheries of the Exclusive Economic
Zone; Authorizing Hook-and-Line
Catcher/Processors To Use Longline
Pot Gear in the Bering Sea Greenland
Turbot Fishery
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Final rule.
AGENCY:
NMFS issues regulations
authorizing hook-and-line catcher/
processors (C/Ps) to use longline pot
gear when directed fishing for
Greenland turbot in the Bering Sea (BS)
subarea of the Bering Sea and Aleutian
Islands (BSAI). This action is necessary
to improve efficiency, provide economic
benefits for the hook-and-line C/P
sector, and minimize potential fishery
interactions with killer whales. This
action promotes the goals and objectives
of the Magnuson-Stevens Fishery
Conservation and Management Act
(Magnuson-Stevens Act), the Fishery
Management Plan (FMP) for Groundfish
of the Bering Sea and Aleutian Islands
Management Area (BSAI FMP), and
other applicable laws.
DATES: Effective on April 28, 2025.
SUMMARY:
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Electronic copies of the
Environmental Assessment and
Regulatory Impact Review (RIR)
(collectively ‘‘the Analysis’’) and
Finding of No Significant Impact
(FONSI) prepared for this action are
available on https://
www.regulations.gov or from the NMFS
Alaska Region website at https://
www.fisheries.noaa.gov/region/alaska.
Written comments regarding the
burden-hour estimates or other aspects
of the collection-of-information
requirements contained in this final rule
may be submitted to https://
www.reginfo.gov/public/do/PRAMain.
Find the particular information
collection by using the search function
and entering either the title of the
collection or the Office of Management
and Budget OMB Control Number.
FOR FURTHER INFORMATION CONTACT:
Andrew Olson, 907–586–7228,
andrew.olson@noaa.gov.
SUPPLEMENTARY INFORMATION: This final
rule implements regulations authorizing
hook-and-line C/Ps to use longline pot
gear when directed fishing for
Greenland turbot (Reinhardtius
hippoglossoides) in the BS subarea of
the BSAI. NMFS published a proposed
rule in the Federal Register on October
23, 2024 (89 FR 84514) with comments
invited through November 22, 2024. All
comments submitted on or before
November 22, 2024, were considered in
the development of this final rule, and
a technical change has been made from
the proposed rule in this final rule. A
summary of the comments and NMFS’s
responses are provided under the
heading ‘‘Comments and Responses’’
below.
The North Pacific Fishery
Management Council (Council) and
NMFS manage Greenland turbot as a
groundfish species under the BSAI
FMP. Section 3.4 of BSAI FMP
identifies authorized gear types for
groundfish fisheries as the following:
trawls, hook-and-line, pots, jigs, and
other gear as defined in regulations.
This section also states that further
restrictions on gear that are necessary
for conservation and management of
fishery resources and which are
consistent with the goals and objectives
of the FMP are found at 50 CFR part
679.
ADDRESSES:
Background
This final rule is intended to increase
operational flexibility for hook-and-line
C/Ps participating in the directed
fishery for Greenland turbot in the BS
subarea by authorizing the use of
longline pot gear to mitigate the impacts
of whale depredation, which should
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allow the fishery to resume. At its April
2023 meeting, the Council took final
action recommending that NMFS
authorize the use of longline pot gear
and remove the 9 inch (22.86 cm) pot
gear tunnel opening restriction for hookand-line C/P vessels participating in the
directed fishery for Greenland turbot in
the BS subarea. The following
background sections describe the
following: (1) the Greenland turbot
directed fishery, (2) authorized gear, (3)
whale depredation, and (4) longline pot
gear groundfish maximum retainable
amounts (MRAs). A more detailed
description of the need for this rule and
background information on the directed
fishery for Greenland turbot in the BS
subarea is included in the preamble to
the proposed rule (October 23, 2024, 89
FR 84514) and section 3 of the Analysis
(see ADDRESSES section).
Greenland Turbot Directed Fishery
The directed fishery for Greenland
turbot is managed under the BSAI FMP
and is divided into two fishing subareas,
the BS and the Aleutian Islands Subarea
(AI). Vessels are authorized to fish for
Greenland turbot in both subareas from
May 1 through December 31, unless
NMFS closes the fishery to prevent
exceeding the total allowable catch
(TAC) prior to the season end date.
The directed fishery for Greenland
turbot is prosecuted by the trawl and
nontrawl sectors and is mainly
concentrated in the BS subarea. Vessels
participating in the directed fishery for
Greenland turbot in the BS subarea are
required to have a groundfish license
limitation program (LLP) license with
the necessary gear and area
endorsements (i.e., nontrawl, trawl, or
both gear types and BS subarea) as
specified in § 679.4(k)(1)(i).
The majority of participants in the
nontrawl sector directed fishery for
Greenland turbot are hook-and-line C/P
vessels. Hook-and-line C/Ps primarily
target Pacific cod (Gadus
macrocephalus) in the BSAI, and may
also participate in the Greenland turbot
and sablefish (Anoplopoma fimbria)
directed fisheries and other groundfish
fisheries in the Gulf of Alaska (GOA).
Hook-and-line C/P vessels, as defined in
the regulations at § 679.2, are vessels
named on LLP licenses that are
noninterim and transferable, or that are
interim and subsequently become
noninterim and transferable, and that
are endorsed for BS subarea or AI
subarea C/P fishing activity, C/P Pacific
cod, and hook-and-line gear. Most hookand-line C/P vessels that participate in
the directed fishery for Greenland turbot
in the BS subarea are members of the
Freezer Longline Conservation
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Cooperative (FLCC). The FLCC is a
voluntary cooperative represented by
the Freezer Longline Coalition that
comprises 36 LLP license holders
endorsed for BS or AI subarea hook-andline C/P fishing for Pacific cod. Since
2010, less than 10 FLCC vessels have
participated in the directed fishery for
Greenland turbot in the BS subarea.
Authorized Gear
Authorized gear in the nontrawl
sector in the directed fishery for
Greenland turbot in the BS subarea is
limited to longline and pot-and-line gear
(e.g., single pot), with longline gear
encompassing only hook-and-line gear.
Pot-and-line gear, although authorized
in the directed fishery for Greenland
turbot in the BS subarea, has not been
used due to the inefficiency of setting a
single pot at the depths and locations
where the fishery occurs. Compared to
pot-and-line gear, longline pot gear can
have improved operational and
harvesting efficiency and also has
reduced potential for lost gear.
However, under existing regulations,
longline pot gear use is limited by area
and fishery under regulations at
§ 679.24(b)(1) and is not authorized for
use in the directed fishery for Greenland
turbot in the BS subarea.
Logbook reporting requirements for
vessel operators when deploying
longline pot gear in the GOA (but not
the BSAI) are required to record the
length of the longline pot set, size of
pots used, the spacing between pots on
a set, and the quantity of pots deployed
and lost when using longline pot gear
(§ 679.5(c)(3)(v)(G)(2)). Regulations at
§ 679.24(a) require any vessel fishing
with hook-and-line, longline pot, and
pot-and-line gear to mark all buoys
carried on board or used with the
vessel’s Federal Fisheries Permit (FFP)
number or Alaska Department of Fish
and Game (ADF&G) vessel registration
number. Buoy markings have minimum
text width and height specifications and
must be of contrasting coloring so
markings are clearly visible above the
water line. Vessel operators deploying
longline pot gear in the GOA (but not
the BSAI) are also required to have an
additional hard buoy ball in the buoy
cluster attached and marked with the
initials ‘‘LP’’ for ‘‘Longline Pot’’ in order
to distinguish buoys for longline pot
gear from other gear types only when
fishing for individual fishing quota
(IFQ) (§ 679.24(a)(3)).
All pot gear used to fish for
groundfish must be equipped with a
biodegradable panel to ensure the
release of fish if a pot is lost or becomes
unretrievable as defined in paragraph
(15)(i) of the definition of ‘‘Authorized
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fishing gear’’ at § 679.2. Pot gear is also
restricted to tunnel openings no larger
than 9 inches with an exception for
halibut, when fishing for IFQ or
Community Development Quota (CDQ)
halibut or for IFQ or CDQ sablefish
fisheries when halibut retention is
required as defined in paragraphs
(15)(ii) and (iii) under the definition of
‘‘Authorized fishing gear’’ at § 679.2.
Whale Depredation
Depredation by killer whales (Orcinus
orca) has been increasing, preventing
hook-and-line C/P vessels from
participating in the directed fishery for
Greenland turbot in the BS subarea.
Killer whale depredation resulted in the
decline in participation by hook-andline C/P vessels in the directed fishery
for Greenland turbot in the BS subarea
beginning in 2018. This led to the
complete absence of fishery
participation in 2021, 2022, and 2023,
due to operational challenges posed by
whale depredation that made fishing
uneconomical.
Longline Pot Gear Groundfish MRAs
An MRA is a management tool that
allows some retention of groundfish
species closed to directed fishing
(incidental catch species) when
harvesting groundfish species open to
directed fishing (basis species). MRAs
limit and slow harvest rates of
incidentally caught species and help
facilitate the management of harvest of
a groundfish species within its annual
TAC. Once the TAC for a groundfish
species has been reached, retention of
that species is prohibited, and any
further catch must be discarded.
Gear limitations at § 679.24(b)(1)
require any person using longline pot
gear to treat any catch of groundfish
species as a prohibited species that must
be discarded at sea unless there is an
explicit exception that allows the use of
this gear type in the area being fished.
Longline pot gear is allowed in the
directed fishery for sablefish in the BS
subarea and, in order to retain sablefish,
a person must have sablefish IFQ as
specified at § 679.7(f)(3)(ii). If a vessel is
directed fishing for Greenland turbot,
retention of sablefish would be allowed
only if the vessel holds unfished
sablefish IFQ or CDQ, otherwise
sablefish may not be retained.
The Final Rule
This final rule revises regulations at
50 CFR 679 to: (1) authorize hook-andline C/P vessels to use longline pot gear
for the directed fishery for Greenland
turbot in the BS subarea including
associated gear marking and record
keeping and reporting requirements, (2)
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add the directed fishery for Greenland
turbot in the BS subarea to the
collapsible pot exception, (3) add an
exception to the 9 inch (22.86 cm)
maximum pot tunnel opening
restriction for longline pot gear when
participating in the directed fishery for
Greenland turbot in the BS subarea; and
(4) clarify MRA retention requirements
for longline pot gear in this fishery.
Authorize Longline Pot Gear
This final rule revises several
regulations governing authorized gear
for hook-and-line C/Ps participating in
the directed fishery for Greenland turbot
in the BS subarea. First, this final rule
expands the use of longline pot gear by
allowing its use in the directed fishery
for Greenland turbot in the BS subarea
for hook-and-line C/Ps vessels operating
in the BS subarea at § 679.24(b)(1)(v).
Hook-and-line C/P vessels intending to
use longline pot gear in the directed
fishery for Greenland turbot in the BS
subarea must have a pot gear
endorsement on their Federal Fisheries
Permit (FFP). Under existing regulations
at § 679.4(b)(3)(iii), a vessel owner or
authorized representative may amend
an FFP by submitting an Application for
FFP to add a pot gear endorsement. Gear
marking requirements at § 679.24(a)(3)
and recordkeeping and reporting
requirements at § 679.5(c)(3)(v)(G)(2)(i)
and (ii) are revised to differentiate
between hook-and-line and longline pot
gear and to improve regulatory
consistency between the BSAI and GOA
for monitoring and enforcement.
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Collapsible Pot Exception
This final rule amends the collapsible
pot exception as specified in paragraph
(15)(i)(A) of the definition of
‘‘Authorized fishing gear’’ at § 679.2 by
adding the directed fishery for
Greenland turbot in the BS subarea to
the current list of fisheries authorized to
place a biodegradable panel anywhere
on the mesh of a collapsible pot.
Collapsible pot gear must have a
biodegradable panel placed anywhere
on the mesh using untreated cotton
thread no longer than No. 30, which is
at least 18 inches (45.72 cm) in length,
or may be wrapped on the door of a pot
that is at least 18 inches (45.72 cm) in
diameter. This change facilitates the
effective escapement of fish if a
collapsible pot is lost and standardizes
gear requirements for pot gear.
Tunnel Opening Exception for
Greenland Turbot
This final rule amends the longline
pot tunnel opening restriction specified
in paragraph (15)(ii) of the definition of
‘‘Authorized fishing gear’’ at § 679.2.
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The revision allows the use of pots with
tunnel openings larger than 9 inches
(22.86 cm) when participating in the
directed fishery for Greenland turbot in
the BS subarea. This change allows pot
gear used in this fishery to not be sizeselective for smaller Greenland turbot,
allowing for larger fish to enter the pots.
Additionally, this final rule reorders the
existing halibut retention exception for
improved clarity and organization for
fisheries that have exceptions to the pot
tunnel opening restriction.
Longline Pot Gear Groundfish MRAs
This final rule adds regulations at
§ 679.20(e)(3)(vii) to clarify that vessels
using longline pot gear can retain
groundfish up to the MRA of other
groundfish species unless prohibited or
required by other applicable law. These
regulations were added due to the
removal of the gear restriction that
prevented retention of groundfish
species by vessels using longline pot
gear in the BS subarea when directed
fishing for Greenland turbot.
Comments and Responses
NMFS received five comment letters
on the proposed rule from members of
the public and commercial fishing
organizations. One comment was
outside the scope of this action and
NMFS considered 13 unique relevant
comments, which are summarized and
responded to below.
Comment 1: This action is longneeded to address the whale
depredation issues and encourage
prompt implementation to allow the
directed fishery for Greenland turbot in
the BS subarea to resume.
Response: NMFS acknowledges this
comment.
Comment 2: The directed Greenland
turbot fishery in the BS subarea has
been a historically important source of
income for operators and crew,
particularly in years of lower abundance
for Pacific cod. The largest of these
operators is an Alaska Native-owned
company whose revenues directly
support their Alaska Native members
and communities. An expedited return
of harvest opportunity for Greenland
turbot is critical to support our
operators, crew, and communities that
have historically relied on this fishery to
support their livelihoods.
Response: NMFS acknowledges this
comment.
Comment 3: NMFS should ensure that
there are compliance measures in place
for this action, as well as a plan for how
these measures will be monitored given
the remote location of fishery.
Response: Vessels subject to this
action are required to comply with
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existing recordkeeping and reporting,
vessel monitoring system (VMS), and
other compliance monitoring
requirements as specified in part 679.
Additionally, under regulations at
§§ 679.100 and 679.101, the owner and
operator of a vessel named on an LLP
license with a Pacific cod C/P hook-andline endorsement for the BS, AI, or both
the BS and AI subareas (BSAI)—which
includes vessels subject to this final
rule—must comply with additional
equipment and operational
requirements as specified in regulation.
Further, these vessels are required to
carry observers when they operate and
are also subject to at-sea boardings and
shoreside inspections by the NOAA
Office of Law Enforcement, the U.S.
Coast Guard, and other law enforcement
partners. Section 6.1 of the Analysis
provides additional information on
monitoring requirements for hook-andline C/Ps operating in the BSAI.
Comment 4: The 9 inch (22.86 cm)
tunnel opening was decided upon based
on the average size of Greenland turbot
and will not increase efficiency or
profitability, it will only increase the
bycatch and harm done to other species.
Response: The 9 inch (22.86 cm)
tunnel opening exception for longline
pot gear when used by C/Ps
participating in the directed fishery for
Greenland turbot in the BS subarea
removes a potential impediment to
selecting for larger and more valuable
Greenland turbot in pots. Capture of
incidental species will vary by depth,
location, and gear type and is monitored
by NMFS. NMFS can use inseason
management authority to close directed
fishing for a species, place a species on
prohibited species catch (PSC) status, or
close areas if a TAC is reached, an
overfishing limit (OFL) is approached,
or a PSC limit is reached. In the hookand-line Greenland turbot fishery,
grenadier, skates, sablefish, and Pacific
cod are the predominant incidental
species caught. Grenadier and skates are
less common in pot gear, while Pacific
cod will likely continue to be present as
incidental catch in the directed
Greenland turbot fishery. However, this
is expected to remain minimal due to
the depth at which Greenland turbot are
fished. Golden king crab is the species
most likely to interact with longline pot
gear, but overall incidental catch is not
anticipated to be significant. The
increase in the pot tunnel width
opening might increase the likelihood of
halibut entering a pot, but that effect
could be inconsequential if longline pot
gear is deployed at a depth where
halibut are relatively less available.
Section 5.3 of the Analysis provides
additional information on non-target
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catch that might be expected to occur
with longline pot gear in a directed
fishery for Greenland turbot in the BS
subarea.
Comment 5: The collapsible pot
exception may reduce bycatch and
should include a provision that
describes the parameters for the
biodegradable panel.
Response: Existing regulations in
paragraph (15)(i)(A) of the definition of
‘‘Authorized fishing gear’’ at § 679.2
require collapsible pots to have a
biodegradable panel placed anywhere
on the mesh of the collapsible pot,
which is at least 18 inches (45.72 cm)
in length and is made from untreated
cotton thread of no larger size than No.
30, or one door on the pot must measure
at least 18 inches (45.72 cm) in diameter
and be wrapped with untreated cotton
thread of no larger size than No. 30.
This requirement ensures that if pot gear
becomes lost or unretrievable the
untreated cotton thread will degrade
and break over time allowing the mesh
within a pot or door of a pot to open
allowing for the release of captured fish.
Comment 6: Including measures to
provide flexibility in the design of
longline pots that may be deployed in
the fishery with the inclusion of
collapsible pot gear and an exception to
the tunnel opening restriction is
appreciated. These measures allow the
ability to innovate and optimize
longline pot gear design for use in this
fishery.
Response: NMFS acknowledges this
comment.
Comment 7: Use of longline pot gear
will not mitigate whale depredation and
will only put killer whales more at risk
of injury or death.
Response: Interactions between killer
whales and the directed fishery for
Greenland turbot in the BS subarea are
likely to decrease because it is more
difficult for killer whales to feed on fish
caught in pots than it is for killer whales
to feed on fish caught on hook-and-line
gear. This would reduce the opportunity
to depredate Greenland turbot and
remove the temptation for killer whales
to approach fishing gear, thereby
reducing the risk of entanglement.
Whale depredation is expected to
decrease with this action, as
participants in the sablefish IFQ fishery
have successfully reduced the impact of
whale depredation by transitioning from
hook-and-line to longline pot gear,
which has become the predominant gear
type used in this fishery since its
authorization for use in the GOA in
2017. This action will increase
flexibility for vessel operators to choose
when to fish, as opposed to planning
around times when whale encounters
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are perceived to be more frequent and
more damaging to catch rates. Section
3.4 of the Analysis provides additional
information on killer whale depredation
on hook-and-line C/P vessels
participating in the directed fishery for
Greenland turbot in the BS subarea.
Comment 8: Due to the ineffectiveness
of acoustic and other non-lethal
deterrents, changes in fishing gear have
been proven to be more effective at
protecting catches. Increasing
cooperation between Federal agencies
and stakeholders can improve
conservation outcomes for cetaceans,
fish, and other species in the BSAI.
Response: NMFS acknowledges this
comment.
Comment 9: The longline pot gear
MRA would increase bycatch and give
further incentives to not be mindful of
other species. The MRA should be
decreased to decrease the environmental
impact of longline fishing.
Response: This action does not
modify the BSAI retainable percentages
(also known as MRAs) specified in table
11 to part 679 and there are not separate
MRAs by gear type. As described in the
preamble to the proposed rule, this final
rule, and the Analysis, an MRA limits
the retention of incidental species that
are caught while targeting other species
or species groups open to directed
fishing. This final rule clarifies
regulations for MRAs when using
longline pot gear and does not modify
MRA limits. MRAs vary by species
while Greenland turbot fishing. The
directed Greenland turbot fishery in the
BS subarea remains constrained by
existing regulations concerning the
location and timing of the fishery, MRA
limits, and all other accountability
measures. This action allows gear
changes internal to an existing
commercial fishery sector allocation
within the directed fishery for
Greenland turbot in the BS subarea for
hook-and-line C/P vessels and is not
expected to cause a substantial effect to
any other physical or biological resource
(see the response to Comment 4).
Comment 10: There should be focus
on updating MRAs and TACs for
groundfish and all incidental species, as
incidental catch is expected to increase
with measures intending to increase
catch of Greenland turbot.
Response: This final rule does not
modify the BSAI retainable percentages
specified in table 11 to part 679, the
TAC setting process, harvest limits,
prohibited species catch, or other
accountability measures currently in
place. Modifying regulations associated
with the TAC setting process and MRA
limits is outside the scope of this action
(see the response to Comment 9).
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Comment 11: This action will allow
new entrants to participate in the
directed fishery for Greenland turbot in
the BS subarea.
Response: This final rule is not
intended to provide opportunities for
new entrants into the directed fishery
for Greenland turbot in the BS subarea.
This action allows for hook-and-line C/
P vessels, which are historical
participants in the fishery, to use
longline pot gear in the directed fishery
for Greenland turbot in the BS subarea.
Participation in the directed fishery for
Greenland turbot in the BS subarea by
hook-and-line C/Ps has not surpassed
nine vessels since 2010 and
participation has declined since 2018,
with no participation at all in 2021,
2022, and 2023. This action is expected
to restore participation to similar levels
as in 2010 (i.e., about nine vessels). Any
new entrants to the fishery would be
limited to the C/P vessels associated
with LLP licenses that are part of the
hook-and-line C/P sector. Section 3.3 of
the Analysis provides additional
information on participation and
harvest in the directed fishery for
Greenland turbot in the BS subarea by
hook-and-line C/Ps.
Comment 12: This action is not
intended to change regulations
applicable to the Amendment 80
program and it is important to maintain
the voluntary, non-regulatory agreement
between cooperatives involved in the
directed fishery for Greenland turbot in
the BS subarea.
Response: NMFS acknowledges this
comment.
Comment 13: This action seeks to
uphold and further the goals of the
MSA, by promoting its objectives of
rebuilding fish stocks and preventing
overfishing, and additionally
prioritizing conservation to ensure longterm economic and social benefits of a
sustainable seafood supply.
Response: NMFS acknowledges this
comment.
Changes From Proposed to Final Rule
One change was made from the
proposed rule to this final rule: a
technical change at § 679.24(b)(1)(v),
which adds a reference to the definition
of ‘‘hook-and-line catcher/processor’’
specified at § 679.2 because the term
hook-and-line catcher/processor is
defined there.
Classification
Pursuant to section 304(b)(3) of the
Magnuson-Stevens Act, the NMFS
Assistant Administrator (AA) has
determined that this final rule is
consistent with the BSAI FMP, other
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provisions of the Magnuson-Stevens
Act, and other applicable law.
This final rule has been determined to
be not significant for purposes of
Executive Order 12866.
This final rule is a deregulatory action
under Executive Order 14192.
NMFS has determined that this action
would not have a substantial direct
effect on one or more Indian Tribes, on
the relationship between the Federal
Government and Indian Tribes, or on
the distribution of power and
responsibilities between the Federal
Government and Indian Tribes;
therefore, consultation with Tribal
officials under E.O. 13175 is not
required, and the requirements of
sections (5)(b) and (5)(c) of E.O. 13175
also do not apply. A Tribal summary
impact statement under section
(5)(b)(2)(B) and section (5)(c)(2)(B) of
E.O. 13175 is not required and has not
been prepared.
lotter on DSK11XQN23PROD with RULES1
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 during
the proposed rule stage that this action
would not have a significant economic
impact on a substantial number of small
entities. The factual basis for the
certification was published in the
proposed rule and is not repeated here.
No comments were received regarding
this certification. As a result, a
regulatory flexibility analysis was not
required and none was prepared.
Collection-of-Information Requirements
This final rule contains collection-ofinformation requirements subject to
review and approval by the OMB under
the Paperwork Reduction Act (PRA).
This final rule revises the existing
collection-of-information requirements
for OMB Control Number 0648–0515
(Alaska Interagency Electronic
Reporting System) and revises and
extends by 3 years the existing
requirements for OMB Control Number
0648–0353 (Alaska Region Gear
Identification Requirements). The
changes to the collections are described
below. The public reporting burden
estimates provided below include the
time for reviewing instructions,
searching existing data sources,
gathering and maintaining the data
needed, and completing and reviewing
the collection of information.
OMB Control Number 0648–0515
The information collection for 0648–
0515 is revised because this final rule
adds the directed fishery for Greenland
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turbot in the BS subarea to the
recordkeeping and reporting
requirements specific to longline pot
gear. Vessel operators are required to
enter in the logbook the length of a
longline pot set, pot size and spacing,
number of pots deployed, and the
number of pots lost when the set is
retrieved. The hook-and-line C/Ps
currently use the C/P electronic
logbook. This revision does not change
the respondents, responses, burden
hours, or costs for the C/P electronic
logbook. Public reporting burden is
estimated to average 15 minutes per
individual response for the C/P
electronic logbook. The current burden
estimate of this logbook incorporates
existing variances for existing
participants to complete and submit the
logbook.
OMB Control Number 0648–0353
NMFS revises and extends for 3 years
the existing requirements for OMB
Control Number 0648–0353, which
contains the gear identification
requirements for the groundfish
fisheries in the Exclusive Economic
Zone off Alaska. The information
collection for 0648–0353 is revised
because this final rule requires that each
end of a set of longline pot gear
deployed when participating in the
directed fishery for Greenland turbot in
the BS subarea have one hard buoy ball
attached marked with ‘‘LP’’ to
distinguish this gear type from others
authorized for this fishery. This revision
adds an estimated nine respondents for
marking longline pot gear. No changes
are made to the estimated burden or cost
because the estimates incorporate
existing variances for existing
participants in the time and cost to mark
buoys. Public reporting burden is
estimated to average 30 minutes or less
per individual response to collect the
information and paint it on a buoy. The
cost to mark buoys is estimated at $100
per respondent, which covers materials
such as paint, paintbrushes, permanent
ink applicator, and stencils.
We invite the general public and other
Federal agencies to comment on
proposed and continuing information
collections, which helps us assess the
impact of our information collection
requirements and minimize the public’s
reporting burden. Written comments
and recommendations for these
information collections should be
submitted on the following website:
https://www.reginfo.gov/public/do/
PRAMain. Find the particular
information collection by using the
search function and entering either the
title of the collection or OMB control
number 0648–0515 (Alaska Interagency
PO 00000
Frm 00014
Fmt 4700
Sfmt 4700
Electronic Reporting System) or OMB
Control Number 0648–0353 (Alaska
Region Gear Identification
Requirements).
Notwithstanding any other provision
of law, no person is required to respond
to, and no person shall be subject to
penalty for failure to comply with, a
collection of information subject to the
requirements of the PRA, unless that
collection of information displays a
currently valid OMB control number.
List of Subjects in 50 CFR Part 679
Alaska, Fisheries, Reporting and
recordkeeping requirements.
Dated: March 21, 2025.
Samuel D. Rauch III,
Deputy Assistant Administrator for
Regulatory Programs, National Marine
Fisheries Service.
For the reasons set out in the
preamble, NMFS amends 50 CFR part
679 as follows:
PART 679—FISHERIES OF THE
EXCLUSIVE ECONOMIC ZONE OFF
ALASKA
1. The authority citation for 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 § 679.2 amend the definition for
‘‘Authorized fishing gear’’ by revising
paragraph (15)(i)(A), redesignating
paragraph (15)(iii) as paragraph
(15)(ii)(A), and adding paragraph
(15)(ii)(B) to read as follows:
■
§ 679.2
Definitions.
*
*
*
*
*
Authorized fishing gear * * *
*
*
*
*
*
(15) * * *
(i) * * *
(A) Collapsible pot exception. A
collapsible pot (e.g., slinky pot) used to
fish for halibut IFQ or CDQ, or sablefish
IFQ or CDQ, in accordance with
paragraph (4) of this definition, or used
to directed fish for Greenland turbot in
the Bering Sea subarea of the BSAI, is
exempt from the biodegradable panel
placement requirements described in
paragraph (15)(i) of this definition.
Instead, a collapsible pot must have
either a biodegradable panel placed
anywhere on the mesh of the collapsible
pot, which is at least 18 inches (45.72
cm) in length and is made from
untreated cotton thread of no larger size
than No. 30, or one door on the pot must
measure at least 18 inches (45.72 cm) in
diameter and be wrapped with
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untreated cotton thread of no larger size
than No. 30.
*
*
*
*
*
(ii) * * *
(B) Greenland turbot exception. If
directed fishing for Greenland turbot in
the Bering Sea subarea of the BSAI with
*
Recordkeeping and reporting
*
(c) *
(3) *
(v) *
(G) *
*
*
*
*
*
*
*
*
*
*
*
If gear type is . . .
Then . . .
*
*
(2) * * * ...........................................
*
*
*
*
*
(i) If using longline pot gear in the GOA or while directed fishing for Greenland turbot in the Bering Sea
subarea of the BSAI, enter the length of longline pot set to the nearest foot, the size of pot in inches
(width by length by height or diameter), and spacing of pots to the nearest foot.
(ii) If using longline pot gear in the GOA or while directed fishing for Greenland turbot in the Bering Sea
subarea of the BSAI, enter the number of pots deployed in each set (see paragraph (c)(3)(vi)(F) of this
section) and the number of pots lost when the set is retrieved (optional, but may be required by IPHC
regulations see §§ 300.60 through 300.65 of this title).
*
*
*
*
*
*
*
*
*
4. Amend § 679.20 by adding new
paragraph (e)(3)(vii) to read as follows:
■
§ 679.20
§ 679.24
■
General limitations.
*
*
*
*
*
(e) * * *
(3) * * *
(vii) For vessels using longline pot
gear pursuant to § 679.24(b), catch may
be retained up to the maximum
retainable amount unless retention is
prohibited or required by other
applicable laws.
*
*
*
*
*
lotter on DSK11XQN23PROD with RULES1
§ 679.5
(R&R).
longline pots, the tunnel opening
requirement under paragraph 15(ii) of
this definition does not apply.
*
*
*
*
*
■ 3. Revise § 679.5 paragraph
(c)(3)(v)(G)(2)(i) and (ii) to read as
follows:
VerDate Sep<11>2014
15:57 Mar 26, 2025
Jkt 265001
*
5. Amend § 679.24 by revising
paragraph (a)(3) and adding new
paragraph (b)(1)(v) to read as follows:
Gear limitations.
*
*
*
*
*
(a) * * *
(3) Each end of a set of longline pot
gear deployed to fish IFQ sablefish in
the GOA, and each end of a set of
longline pot gear deployed to fish for
Greenland turbot in the Bering Sea
subarea of the BSAI, must have one hard
buoy ball attached and marked with the
PO 00000
Frm 00015
Fmt 4700
Sfmt 9990
*
*
capital letters ‘‘LP’’ in accordance with
paragraph (a)(2) of this section.
*
*
*
*
*
(b) * * *
(1) * * *
(v) While directed fishing for
Greenland turbot in the Bering Sea
subarea of the BSAI by a hook-and-line
catcher/processor as defined in § 679.2.
*
*
*
*
*
[FR Doc. 2025–05145 Filed 3–26–25; 8:45 am]
BILLING CODE 3510–22–P
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]]>Agencies
[Federal Register Volume 90, Number 58 (Thursday, March 27, 2025)]
[Rules and Regulations]
[Pages 13842-13847]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2025-05145]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 679
[Docket No. 250321-0045]
RIN 0648-BM77
Fisheries of the Exclusive Economic Zone; Authorizing Hook-and-
Line Catcher/Processors To Use Longline Pot Gear in the Bering Sea
Greenland Turbot Fishery
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: NMFS issues regulations authorizing hook-and-line catcher/
processors (C/Ps) to use longline pot gear when directed fishing for
Greenland turbot in the Bering Sea (BS) subarea of the Bering Sea and
Aleutian Islands (BSAI). This action is necessary to improve
efficiency, provide economic benefits for the hook-and-line C/P sector,
and minimize potential fishery interactions with killer whales. This
action promotes the goals and objectives of the Magnuson-Stevens
Fishery Conservation and Management Act (Magnuson-Stevens Act), the
Fishery Management Plan (FMP) for Groundfish of the Bering Sea and
Aleutian Islands Management Area (BSAI FMP), and other applicable laws.
DATES: Effective on April 28, 2025.
ADDRESSES: Electronic copies of the Environmental Assessment and
Regulatory Impact Review (RIR) (collectively ``the Analysis'') and
Finding of No Significant Impact (FONSI) prepared for this action are
available on https://www.regulations.gov or from the NMFS Alaska Region
website at https://www.fisheries.noaa.gov/region/alaska.
Written comments regarding the burden-hour estimates or other
aspects of the collection-of-information requirements contained in this
final rule may be submitted to https://www.reginfo.gov/public/do/PRAMain. Find the particular information collection by using the search
function and entering either the title of the collection or the Office
of Management and Budget OMB Control Number.
FOR FURTHER INFORMATION CONTACT: Andrew Olson, 907-586-7228,
[email protected].
SUPPLEMENTARY INFORMATION: This final rule implements regulations
authorizing hook-and-line C/Ps to use longline pot gear when directed
fishing for Greenland turbot (Reinhardtius hippoglossoides) in the BS
subarea of the BSAI. NMFS published a proposed rule in the Federal
Register on October 23, 2024 (89 FR 84514) with comments invited
through November 22, 2024. All comments submitted on or before November
22, 2024, were considered in the development of this final rule, and a
technical change has been made from the proposed rule in this final
rule. A summary of the comments and NMFS's responses are provided under
the heading ``Comments and Responses'' below.
The North Pacific Fishery Management Council (Council) and NMFS
manage Greenland turbot as a groundfish species under the BSAI FMP.
Section 3.4 of BSAI FMP identifies authorized gear types for groundfish
fisheries as the following: trawls, hook-and-line, pots, jigs, and
other gear as defined in regulations. This section also states that
further restrictions on gear that are necessary for conservation and
management of fishery resources and which are consistent with the goals
and objectives of the FMP are found at 50 CFR part 679.
Background
This final rule is intended to increase operational flexibility for
hook-and-line C/Ps participating in the directed fishery for Greenland
turbot in the BS subarea by authorizing the use of longline pot gear to
mitigate the impacts of whale depredation, which should
[[Page 13843]]
allow the fishery to resume. At its April 2023 meeting, the Council
took final action recommending that NMFS authorize the use of longline
pot gear and remove the 9 inch (22.86 cm) pot gear tunnel opening
restriction for hook-and-line C/P vessels participating in the directed
fishery for Greenland turbot in the BS subarea. The following
background sections describe the following: (1) the Greenland turbot
directed fishery, (2) authorized gear, (3) whale depredation, and (4)
longline pot gear groundfish maximum retainable amounts (MRAs). A more
detailed description of the need for this rule and background
information on the directed fishery for Greenland turbot in the BS
subarea is included in the preamble to the proposed rule (October 23,
2024, 89 FR 84514) and section 3 of the Analysis (see ADDRESSES
section).
Greenland Turbot Directed Fishery
The directed fishery for Greenland turbot is managed under the BSAI
FMP and is divided into two fishing subareas, the BS and the Aleutian
Islands Subarea (AI). Vessels are authorized to fish for Greenland
turbot in both subareas from May 1 through December 31, unless NMFS
closes the fishery to prevent exceeding the total allowable catch (TAC)
prior to the season end date.
The directed fishery for Greenland turbot is prosecuted by the
trawl and nontrawl sectors and is mainly concentrated in the BS
subarea. Vessels participating in the directed fishery for Greenland
turbot in the BS subarea are required to have a groundfish license
limitation program (LLP) license with the necessary gear and area
endorsements (i.e., nontrawl, trawl, or both gear types and BS subarea)
as specified in Sec. 679.4(k)(1)(i).
The majority of participants in the nontrawl sector directed
fishery for Greenland turbot are hook-and-line C/P vessels. Hook-and-
line C/Ps primarily target Pacific cod (Gadus macrocephalus) in the
BSAI, and may also participate in the Greenland turbot and sablefish
(Anoplopoma fimbria) directed fisheries and other groundfish fisheries
in the Gulf of Alaska (GOA). Hook-and-line C/P vessels, as defined in
the regulations at Sec. 679.2, are vessels named on LLP licenses that
are noninterim and transferable, or that are interim and subsequently
become noninterim and transferable, and that are endorsed for BS
subarea or AI subarea C/P fishing activity, C/P Pacific cod, and hook-
and-line gear. Most hook-and-line C/P vessels that participate in the
directed fishery for Greenland turbot in the BS subarea are members of
the Freezer Longline Conservation Cooperative (FLCC). The FLCC is a
voluntary cooperative represented by the Freezer Longline Coalition
that comprises 36 LLP license holders endorsed for BS or AI subarea
hook-and-line C/P fishing for Pacific cod. Since 2010, less than 10
FLCC vessels have participated in the directed fishery for Greenland
turbot in the BS subarea.
Authorized Gear
Authorized gear in the nontrawl sector in the directed fishery for
Greenland turbot in the BS subarea is limited to longline and pot-and-
line gear (e.g., single pot), with longline gear encompassing only
hook-and-line gear. Pot-and-line gear, although authorized in the
directed fishery for Greenland turbot in the BS subarea, has not been
used due to the inefficiency of setting a single pot at the depths and
locations where the fishery occurs. Compared to pot-and-line gear,
longline pot gear can have improved operational and harvesting
efficiency and also has reduced potential for lost gear. However, under
existing regulations, longline pot gear use is limited by area and
fishery under regulations at Sec. 679.24(b)(1) and is not authorized
for use in the directed fishery for Greenland turbot in the BS subarea.
Logbook reporting requirements for vessel operators when deploying
longline pot gear in the GOA (but not the BSAI) are required to record
the length of the longline pot set, size of pots used, the spacing
between pots on a set, and the quantity of pots deployed and lost when
using longline pot gear (Sec. 679.5(c)(3)(v)(G)(2)). Regulations at
Sec. 679.24(a) require any vessel fishing with hook-and-line, longline
pot, and pot-and-line gear to mark all buoys carried on board or used
with the vessel's Federal Fisheries Permit (FFP) number or Alaska
Department of Fish and Game (ADF&G) vessel registration number. Buoy
markings have minimum text width and height specifications and must be
of contrasting coloring so markings are clearly visible above the water
line. Vessel operators deploying longline pot gear in the GOA (but not
the BSAI) are also required to have an additional hard buoy ball in the
buoy cluster attached and marked with the initials ``LP'' for
``Longline Pot'' in order to distinguish buoys for longline pot gear
from other gear types only when fishing for individual fishing quota
(IFQ) (Sec. 679.24(a)(3)).
All pot gear used to fish for groundfish must be equipped with a
biodegradable panel to ensure the release of fish if a pot is lost or
becomes unretrievable as defined in paragraph (15)(i) of the definition
of ``Authorized fishing gear'' at Sec. 679.2. Pot gear is also
restricted to tunnel openings no larger than 9 inches with an exception
for halibut, when fishing for IFQ or Community Development Quota (CDQ)
halibut or for IFQ or CDQ sablefish fisheries when halibut retention is
required as defined in paragraphs (15)(ii) and (iii) under the
definition of ``Authorized fishing gear'' at Sec. 679.2.
Whale Depredation
Depredation by killer whales (Orcinus orca) has been increasing,
preventing hook-and-line C/P vessels from participating in the directed
fishery for Greenland turbot in the BS subarea. Killer whale
depredation resulted in the decline in participation by hook-and-line
C/P vessels in the directed fishery for Greenland turbot in the BS
subarea beginning in 2018. This led to the complete absence of fishery
participation in 2021, 2022, and 2023, due to operational challenges
posed by whale depredation that made fishing uneconomical.
Longline Pot Gear Groundfish MRAs
An MRA is a management tool that allows some retention of
groundfish species closed to directed fishing (incidental catch
species) when harvesting groundfish species open to directed fishing
(basis species). MRAs limit and slow harvest rates of incidentally
caught species and help facilitate the management of harvest of a
groundfish species within its annual TAC. Once the TAC for a groundfish
species has been reached, retention of that species is prohibited, and
any further catch must be discarded.
Gear limitations at Sec. 679.24(b)(1) require any person using
longline pot gear to treat any catch of groundfish species as a
prohibited species that must be discarded at sea unless there is an
explicit exception that allows the use of this gear type in the area
being fished. Longline pot gear is allowed in the directed fishery for
sablefish in the BS subarea and, in order to retain sablefish, a person
must have sablefish IFQ as specified at Sec. 679.7(f)(3)(ii). If a
vessel is directed fishing for Greenland turbot, retention of sablefish
would be allowed only if the vessel holds unfished sablefish IFQ or
CDQ, otherwise sablefish may not be retained.
The Final Rule
This final rule revises regulations at 50 CFR 679 to: (1) authorize
hook-and-line C/P vessels to use longline pot gear for the directed
fishery for Greenland turbot in the BS subarea including associated
gear marking and record keeping and reporting requirements, (2)
[[Page 13844]]
add the directed fishery for Greenland turbot in the BS subarea to the
collapsible pot exception, (3) add an exception to the 9 inch (22.86
cm) maximum pot tunnel opening restriction for longline pot gear when
participating in the directed fishery for Greenland turbot in the BS
subarea; and (4) clarify MRA retention requirements for longline pot
gear in this fishery.
Authorize Longline Pot Gear
This final rule revises several regulations governing authorized
gear for hook-and-line C/Ps participating in the directed fishery for
Greenland turbot in the BS subarea. First, this final rule expands the
use of longline pot gear by allowing its use in the directed fishery
for Greenland turbot in the BS subarea for hook-and-line C/Ps vessels
operating in the BS subarea at Sec. 679.24(b)(1)(v). Hook-and-line C/P
vessels intending to use longline pot gear in the directed fishery for
Greenland turbot in the BS subarea must have a pot gear endorsement on
their Federal Fisheries Permit (FFP). Under existing regulations at
Sec. 679.4(b)(3)(iii), a vessel owner or authorized representative may
amend an FFP by submitting an Application for FFP to add a pot gear
endorsement. Gear marking requirements at Sec. 679.24(a)(3) and
recordkeeping and reporting requirements at Sec.
679.5(c)(3)(v)(G)(2)(i) and (ii) are revised to differentiate between
hook-and-line and longline pot gear and to improve regulatory
consistency between the BSAI and GOA for monitoring and enforcement.
Collapsible Pot Exception
This final rule amends the collapsible pot exception as specified
in paragraph (15)(i)(A) of the definition of ``Authorized fishing
gear'' at Sec. 679.2 by adding the directed fishery for Greenland
turbot in the BS subarea to the current list of fisheries authorized to
place a biodegradable panel anywhere on the mesh of a collapsible pot.
Collapsible pot gear must have a biodegradable panel placed anywhere on
the mesh using untreated cotton thread no longer than No. 30, which is
at least 18 inches (45.72 cm) in length, or may be wrapped on the door
of a pot that is at least 18 inches (45.72 cm) in diameter. This change
facilitates the effective escapement of fish if a collapsible pot is
lost and standardizes gear requirements for pot gear.
Tunnel Opening Exception for Greenland Turbot
This final rule amends the longline pot tunnel opening restriction
specified in paragraph (15)(ii) of the definition of ``Authorized
fishing gear'' at Sec. 679.2. The revision allows the use of pots with
tunnel openings larger than 9 inches (22.86 cm) when participating in
the directed fishery for Greenland turbot in the BS subarea. This
change allows pot gear used in this fishery to not be size-selective
for smaller Greenland turbot, allowing for larger fish to enter the
pots. Additionally, this final rule reorders the existing halibut
retention exception for improved clarity and organization for fisheries
that have exceptions to the pot tunnel opening restriction.
Longline Pot Gear Groundfish MRAs
This final rule adds regulations at Sec. 679.20(e)(3)(vii) to
clarify that vessels using longline pot gear can retain groundfish up
to the MRA of other groundfish species unless prohibited or required by
other applicable law. These regulations were added due to the removal
of the gear restriction that prevented retention of groundfish species
by vessels using longline pot gear in the BS subarea when directed
fishing for Greenland turbot.
Comments and Responses
NMFS received five comment letters on the proposed rule from
members of the public and commercial fishing organizations. One comment
was outside the scope of this action and NMFS considered 13 unique
relevant comments, which are summarized and responded to below.
Comment 1: This action is long-needed to address the whale
depredation issues and encourage prompt implementation to allow the
directed fishery for Greenland turbot in the BS subarea to resume.
Response: NMFS acknowledges this comment.
Comment 2: The directed Greenland turbot fishery in the BS subarea
has been a historically important source of income for operators and
crew, particularly in years of lower abundance for Pacific cod. The
largest of these operators is an Alaska Native-owned company whose
revenues directly support their Alaska Native members and communities.
An expedited return of harvest opportunity for Greenland turbot is
critical to support our operators, crew, and communities that have
historically relied on this fishery to support their livelihoods.
Response: NMFS acknowledges this comment.
Comment 3: NMFS should ensure that there are compliance measures in
place for this action, as well as a plan for how these measures will be
monitored given the remote location of fishery.
Response: Vessels subject to this action are required to comply
with existing recordkeeping and reporting, vessel monitoring system
(VMS), and other compliance monitoring requirements as specified in
part 679. Additionally, under regulations at Sec. Sec. 679.100 and
679.101, the owner and operator of a vessel named on an LLP license
with a Pacific cod C/P hook-and-line endorsement for the BS, AI, or
both the BS and AI subareas (BSAI)--which includes vessels subject to
this final rule--must comply with additional equipment and operational
requirements as specified in regulation. Further, these vessels are
required to carry observers when they operate and are also subject to
at-sea boardings and shoreside inspections by the NOAA Office of Law
Enforcement, the U.S. Coast Guard, and other law enforcement partners.
Section 6.1 of the Analysis provides additional information on
monitoring requirements for hook-and-line C/Ps operating in the BSAI.
Comment 4: The 9 inch (22.86 cm) tunnel opening was decided upon
based on the average size of Greenland turbot and will not increase
efficiency or profitability, it will only increase the bycatch and harm
done to other species.
Response: The 9 inch (22.86 cm) tunnel opening exception for
longline pot gear when used by C/Ps participating in the directed
fishery for Greenland turbot in the BS subarea removes a potential
impediment to selecting for larger and more valuable Greenland turbot
in pots. Capture of incidental species will vary by depth, location,
and gear type and is monitored by NMFS. NMFS can use inseason
management authority to close directed fishing for a species, place a
species on prohibited species catch (PSC) status, or close areas if a
TAC is reached, an overfishing limit (OFL) is approached, or a PSC
limit is reached. In the hook-and-line Greenland turbot fishery,
grenadier, skates, sablefish, and Pacific cod are the predominant
incidental species caught. Grenadier and skates are less common in pot
gear, while Pacific cod will likely continue to be present as
incidental catch in the directed Greenland turbot fishery. However,
this is expected to remain minimal due to the depth at which Greenland
turbot are fished. Golden king crab is the species most likely to
interact with longline pot gear, but overall incidental catch is not
anticipated to be significant. The increase in the pot tunnel width
opening might increase the likelihood of halibut entering a pot, but
that effect could be inconsequential if longline pot gear is deployed
at a depth where halibut are relatively less available. Section 5.3 of
the Analysis provides additional information on non-target
[[Page 13845]]
catch that might be expected to occur with longline pot gear in a
directed fishery for Greenland turbot in the BS subarea.
Comment 5: The collapsible pot exception may reduce bycatch and
should include a provision that describes the parameters for the
biodegradable panel.
Response: Existing regulations in paragraph (15)(i)(A) of the
definition of ``Authorized fishing gear'' at Sec. 679.2 require
collapsible pots to have a biodegradable panel placed anywhere on the
mesh of the collapsible pot, which is at least 18 inches (45.72 cm) in
length and is made from untreated cotton thread of no larger size than
No. 30, or one door on the pot must measure at least 18 inches (45.72
cm) in diameter and be wrapped with untreated cotton thread of no
larger size than No. 30. This requirement ensures that if pot gear
becomes lost or unretrievable the untreated cotton thread will degrade
and break over time allowing the mesh within a pot or door of a pot to
open allowing for the release of captured fish.
Comment 6: Including measures to provide flexibility in the design
of longline pots that may be deployed in the fishery with the inclusion
of collapsible pot gear and an exception to the tunnel opening
restriction is appreciated. These measures allow the ability to
innovate and optimize longline pot gear design for use in this fishery.
Response: NMFS acknowledges this comment.
Comment 7: Use of longline pot gear will not mitigate whale
depredation and will only put killer whales more at risk of injury or
death.
Response: Interactions between killer whales and the directed
fishery for Greenland turbot in the BS subarea are likely to decrease
because it is more difficult for killer whales to feed on fish caught
in pots than it is for killer whales to feed on fish caught on hook-
and-line gear. This would reduce the opportunity to depredate Greenland
turbot and remove the temptation for killer whales to approach fishing
gear, thereby reducing the risk of entanglement. Whale depredation is
expected to decrease with this action, as participants in the sablefish
IFQ fishery have successfully reduced the impact of whale depredation
by transitioning from hook-and-line to longline pot gear, which has
become the predominant gear type used in this fishery since its
authorization for use in the GOA in 2017. This action will increase
flexibility for vessel operators to choose when to fish, as opposed to
planning around times when whale encounters are perceived to be more
frequent and more damaging to catch rates. Section 3.4 of the Analysis
provides additional information on killer whale depredation on hook-
and-line C/P vessels participating in the directed fishery for
Greenland turbot in the BS subarea.
Comment 8: Due to the ineffectiveness of acoustic and other non-
lethal deterrents, changes in fishing gear have been proven to be more
effective at protecting catches. Increasing cooperation between Federal
agencies and stakeholders can improve conservation outcomes for
cetaceans, fish, and other species in the BSAI.
Response: NMFS acknowledges this comment.
Comment 9: The longline pot gear MRA would increase bycatch and
give further incentives to not be mindful of other species. The MRA
should be decreased to decrease the environmental impact of longline
fishing.
Response: This action does not modify the BSAI retainable
percentages (also known as MRAs) specified in table 11 to part 679 and
there are not separate MRAs by gear type. As described in the preamble
to the proposed rule, this final rule, and the Analysis, an MRA limits
the retention of incidental species that are caught while targeting
other species or species groups open to directed fishing. This final
rule clarifies regulations for MRAs when using longline pot gear and
does not modify MRA limits. MRAs vary by species while Greenland turbot
fishing. The directed Greenland turbot fishery in the BS subarea
remains constrained by existing regulations concerning the location and
timing of the fishery, MRA limits, and all other accountability
measures. This action allows gear changes internal to an existing
commercial fishery sector allocation within the directed fishery for
Greenland turbot in the BS subarea for hook-and-line C/P vessels and is
not expected to cause a substantial effect to any other physical or
biological resource (see the response to Comment 4).
Comment 10: There should be focus on updating MRAs and TACs for
groundfish and all incidental species, as incidental catch is expected
to increase with measures intending to increase catch of Greenland
turbot.
Response: This final rule does not modify the BSAI retainable
percentages specified in table 11 to part 679, the TAC setting process,
harvest limits, prohibited species catch, or other accountability
measures currently in place. Modifying regulations associated with the
TAC setting process and MRA limits is outside the scope of this action
(see the response to Comment 9).
Comment 11: This action will allow new entrants to participate in
the directed fishery for Greenland turbot in the BS subarea.
Response: This final rule is not intended to provide opportunities
for new entrants into the directed fishery for Greenland turbot in the
BS subarea. This action allows for hook-and-line C/P vessels, which are
historical participants in the fishery, to use longline pot gear in the
directed fishery for Greenland turbot in the BS subarea. Participation
in the directed fishery for Greenland turbot in the BS subarea by hook-
and-line C/Ps has not surpassed nine vessels since 2010 and
participation has declined since 2018, with no participation at all in
2021, 2022, and 2023. This action is expected to restore participation
to similar levels as in 2010 (i.e., about nine vessels). Any new
entrants to the fishery would be limited to the C/P vessels associated
with LLP licenses that are part of the hook-and-line C/P sector.
Section 3.3 of the Analysis provides additional information on
participation and harvest in the directed fishery for Greenland turbot
in the BS subarea by hook-and-line C/Ps.
Comment 12: This action is not intended to change regulations
applicable to the Amendment 80 program and it is important to maintain
the voluntary, non-regulatory agreement between cooperatives involved
in the directed fishery for Greenland turbot in the BS subarea.
Response: NMFS acknowledges this comment.
Comment 13: This action seeks to uphold and further the goals of
the MSA, by promoting its objectives of rebuilding fish stocks and
preventing overfishing, and additionally prioritizing conservation to
ensure long-term economic and social benefits of a sustainable seafood
supply.
Response: NMFS acknowledges this comment.
Changes From Proposed to Final Rule
One change was made from the proposed rule to this final rule: a
technical change at Sec. 679.24(b)(1)(v), which adds a reference to
the definition of ``hook-and-line catcher/processor'' specified at
Sec. 679.2 because the term hook-and-line catcher/processor is defined
there.
Classification
Pursuant to section 304(b)(3) of the Magnuson-Stevens Act, the NMFS
Assistant Administrator (AA) has determined that this final rule is
consistent with the BSAI FMP, other
[[Page 13846]]
provisions of the Magnuson-Stevens Act, and other applicable law.
This final rule has been determined to be not significant for
purposes of Executive Order 12866.
This final rule is a deregulatory action under Executive Order
14192.
NMFS has determined that this action would not have a substantial
direct effect on one or more Indian Tribes, on the relationship between
the Federal Government and Indian Tribes, or on the distribution of
power and responsibilities between the Federal Government and Indian
Tribes; therefore, consultation with Tribal officials under E.O. 13175
is not required, and the requirements of sections (5)(b) and (5)(c) of
E.O. 13175 also do not apply. A Tribal summary impact statement under
section (5)(b)(2)(B) and section (5)(c)(2)(B) of E.O. 13175 is not
required and has not been prepared.
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 during the proposed rule stage that this action would
not have a significant economic impact on a substantial number of small
entities. The factual basis for the certification was published in the
proposed rule and is not repeated here. No comments were received
regarding this certification. As a result, a regulatory flexibility
analysis was not required and none was prepared.
Collection-of-Information Requirements
This final rule contains collection-of-information requirements
subject to review and approval by the OMB under the Paperwork Reduction
Act (PRA). This final rule revises the existing collection-of-
information requirements for OMB Control Number 0648-0515 (Alaska
Interagency Electronic Reporting System) and revises and extends by 3
years the existing requirements for OMB Control Number 0648-0353
(Alaska Region Gear Identification Requirements). The changes to the
collections are described below. The public reporting burden estimates
provided below include the time for reviewing instructions, searching
existing data sources, gathering and maintaining the data needed, and
completing and reviewing the collection of information.
OMB Control Number 0648-0515
The information collection for 0648-0515 is revised because this
final rule adds the directed fishery for Greenland turbot in the BS
subarea to the recordkeeping and reporting requirements specific to
longline pot gear. Vessel operators are required to enter in the
logbook the length of a longline pot set, pot size and spacing, number
of pots deployed, and the number of pots lost when the set is
retrieved. The hook-and-line C/Ps currently use the C/P electronic
logbook. This revision does not change the respondents, responses,
burden hours, or costs for the C/P electronic logbook. Public reporting
burden is estimated to average 15 minutes per individual response for
the C/P electronic logbook. The current burden estimate of this logbook
incorporates existing variances for existing participants to complete
and submit the logbook.
OMB Control Number 0648-0353
NMFS revises and extends for 3 years the existing requirements for
OMB Control Number 0648-0353, which contains the gear identification
requirements for the groundfish fisheries in the Exclusive Economic
Zone off Alaska. The information collection for 0648-0353 is revised
because this final rule requires that each end of a set of longline pot
gear deployed when participating in the directed fishery for Greenland
turbot in the BS subarea have one hard buoy ball attached marked with
``LP'' to distinguish this gear type from others authorized for this
fishery. This revision adds an estimated nine respondents for marking
longline pot gear. No changes are made to the estimated burden or cost
because the estimates incorporate existing variances for existing
participants in the time and cost to mark buoys. Public reporting
burden is estimated to average 30 minutes or less per individual
response to collect the information and paint it on a buoy. The cost to
mark buoys is estimated at $100 per respondent, which covers materials
such as paint, paintbrushes, permanent ink applicator, and stencils.
We invite the general public and other Federal agencies to comment
on proposed and continuing information collections, which helps us
assess the impact of our information collection requirements and
minimize the public's reporting burden. Written comments and
recommendations for these information collections should be submitted
on the following website: https://www.reginfo.gov/public/do/PRAMain.
Find the particular information collection by using the search function
and entering either the title of the collection or OMB control number
0648-0515 (Alaska Interagency Electronic Reporting System) or OMB
Control Number 0648-0353 (Alaska Region Gear Identification
Requirements).
Notwithstanding any other provision of law, no person is required
to respond to, and no person shall be subject to penalty for failure to
comply with, a collection of information subject to the requirements of
the PRA, unless that collection of information displays a currently
valid OMB control number.
List of Subjects in 50 CFR Part 679
Alaska, Fisheries, Reporting and recordkeeping requirements.
Dated: March 21, 2025.
Samuel D. Rauch III,
Deputy Assistant Administrator for Regulatory Programs, National Marine
Fisheries Service.
For the reasons set out in the preamble, NMFS amends 50 CFR part
679 as follows:
PART 679--FISHERIES OF THE EXCLUSIVE ECONOMIC ZONE OFF ALASKA
0
1. The authority citation for 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. 679.2 amend the definition for ``Authorized fishing gear''
by revising paragraph (15)(i)(A), redesignating paragraph (15)(iii) as
paragraph (15)(ii)(A), and adding paragraph (15)(ii)(B) to read as
follows:
Sec. 679.2 Definitions.
* * * * *
Authorized fishing gear * * *
* * * * *
(15) * * *
(i) * * *
(A) Collapsible pot exception. A collapsible pot (e.g., slinky pot)
used to fish for halibut IFQ or CDQ, or sablefish IFQ or CDQ, in
accordance with paragraph (4) of this definition, or used to directed
fish for Greenland turbot in the Bering Sea subarea of the BSAI, is
exempt from the biodegradable panel placement requirements described in
paragraph (15)(i) of this definition. Instead, a collapsible pot must
have either a biodegradable panel placed anywhere on the mesh of the
collapsible pot, which is at least 18 inches (45.72 cm) in length and
is made from untreated cotton thread of no larger size than No. 30, or
one door on the pot must measure at least 18 inches (45.72 cm) in
diameter and be wrapped with
[[Page 13847]]
untreated cotton thread of no larger size than No. 30.
* * * * *
(ii) * * *
(B) Greenland turbot exception. If directed fishing for Greenland
turbot in the Bering Sea subarea of the BSAI with longline pots, the
tunnel opening requirement under paragraph 15(ii) of this definition
does not apply.
* * * * *
0
3. Revise Sec. 679.5 paragraph (c)(3)(v)(G)(2)(i) and (ii) to read as
follows:
Sec. 679.5 Recordkeeping and reporting (R&R).
* * * * *
(c) * * *
(3) * * *
(v) * * *
(G) * * *
------------------------------------------------------------------------
If gear type is . . . Then . . .
------------------------------------------------------------------------
* * * * * * *
(2) * * *......................... (i) If using longline pot gear in
the GOA or while directed fishing
for Greenland turbot in the Bering
Sea subarea of the BSAI, enter the
length of longline pot set to the
nearest foot, the size of pot in
inches (width by length by height
or diameter), and spacing of pots
to the nearest foot.
(ii) If using longline pot gear in
the GOA or while directed fishing
for Greenland turbot in the Bering
Sea subarea of the BSAI, enter the
number of pots deployed in each set
(see paragraph (c)(3)(vi)(F) of
this section) and the number of
pots lost when the set is retrieved
(optional, but may be required by
IPHC regulations see Sec. Sec.
300.60 through 300.65 of this
title).
* * * * * * *
------------------------------------------------------------------------
* * * * *
0
4. Amend Sec. 679.20 by adding new paragraph (e)(3)(vii) to read as
follows:
Sec. 679.20 General limitations.
* * * * *
(e) * * *
(3) * * *
(vii) For vessels using longline pot gear pursuant to Sec.
679.24(b), catch may be retained up to the maximum retainable amount
unless retention is prohibited or required by other applicable laws.
* * * * *
0
5. Amend Sec. 679.24 by revising paragraph (a)(3) and adding new
paragraph (b)(1)(v) to read as follows:
Sec. 679.24 Gear limitations.
* * * * *
(a) * * *
(3) Each end of a set of longline pot gear deployed to fish IFQ
sablefish in the GOA, and each end of a set of longline pot gear
deployed to fish for Greenland turbot in the Bering Sea subarea of the
BSAI, must have one hard buoy ball attached and marked with the capital
letters ``LP'' in accordance with paragraph (a)(2) of this section.
* * * * *
(b) * * *
(1) * * *
(v) While directed fishing for Greenland turbot in the Bering Sea
subarea of the BSAI by a hook-and-line catcher/processor as defined in
Sec. 679.2.
* * * * *
[FR Doc. 2025-05145 Filed 3-26-25; 8:45 am]
BILLING CODE 3510-22-P
