[Federal Register Volume 81, Number 25 (Monday, February 8, 2016)]
[Proposed Rules]
[Pages 6489-6500]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-02319]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 679
[Docket No. 150430410-6046-01]
RIN 0648-BF05
Fisheries of the Exclusive Economic Zone Off Alaska; Western
Alaska Community Development Quota Program
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Proposed rule; request for comments.
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SUMMARY: NMFS issues a proposed rule that would implement Amendment 109
to the Fishery Management Plan for Groundfish of the Bering Sea and
Aleutian Islands Management Area (FMP). If approved, this proposed rule
would amend regulations governing the Western Alaska Community
Development Quota (CDQ) Program to support increased participation in
the groundfish CDQ fisheries (primarily Pacific cod) by catcher vessels
less than or equal to 46 feet (ft) (14.0 meters (m)) length overall
(LOA) using hook-and-line gear. Specifically, this proposed rule would
exempt operators of registered catcher vessels greater than 32 ft (9.8
m) LOA and less than or equal to 46 ft LOA using hook-and-line gear
from the requirement to obtain and carry a License Limitation Program
license when groundfish CDQ fishing. The proposed rule also would
reduce observer coverage requirements for catcher vessels less than or
equal to 46 ft LOA when groundfish CDQ fishing, and implement new in-
season management and catch accounting requirements to properly account
for the harvest of groundfish and halibut and the accrual of halibut
prohibited species catch in these fisheries. In addition to the
proposed regulations necessary to implement Amendment 109, NMFS
proposes to remove a table in the regulations because it is no longer
necessary. This action is intended to facilitate increased
participation by residents of CDQ communities in the groundfish
fisheries in the Bering Sea and Aleutian Islands Management Area, and
to support economic development in western Alaska. This action is
necessary to promote the goals of the CDQ Program, and to promote the
goals and objectives of the FMP, the Magnuson-Stevens Fishery
Conservation and Management Act, and other applicable laws.
DATES: Submit comments on or before March 9, 2016.
ADDRESSES: You may submit comments on this document, identified by
NOAA-NMFS-2015-0060, by any of the following methods:
Electronic Submission: Submit all electronic public
comments via the Federal eRulemaking Portal. Go to www.regulations.gov/#!docketDetail;D=NOAA-NMFS-2015-0060, click the ``Comment Now!'' icon,
complete the required fields, and enter or attach your comments.
Mail: Submit written comments to Glenn Merrill, Assistant
Regional Administrator, Sustainable Fisheries Division, Alaska Region
NMFS, Attn: Ellen Sebastian. Mail comments to P.O. Box 21668, Juneau,
AK 99802-1668.
[[Page 6490]]
Instructions: Comments sent by any other method, to any other
address or individual, or received after the end of the comment period,
may not be considered by NMFS. All comments received are a part of the
public record and will generally be posted for public viewing on
www.regulations.gov without change. All personal identifying
information (e.g., name, address), confidential business information,
or otherwise sensitive information submitted voluntarily by the sender
will be publicly accessible. NMFS will accept anonymous comments (enter
``N/A'' in the required fields if you wish to remain anonymous).
Electronic copies of the Regulatory Impact Review/Initial
Regulatory Flexibility Analysis/Environmental Assessment (RIR/IRFA/EA)
prepared for this action (collectively the ``Analysis'') is available
from http://www.regulations.gov or from the NMFS Alaska Region Web site
at http://alaskafisheries.noaa.gov.
Written comments regarding the burden-hour estimates or other
aspects of the collection-of-information requirements contained in this
proposed rule may be submitted to NMFS Alaska Region, P.O. Box 21668,
Juneau, AK 99802, Attn: Ellen Sebastian, Records Officer; in person at
NMFS Alaska Region, 709 West 9th Street, Room 420A, Juneau, AK; and by
email to [email protected] or faxed to 202-395-5806.
FOR FURTHER INFORMATION CONTACT: Sally Bibb, 907-586-7389.
SUPPLEMENTARY INFORMATION:
Authority for Action
NMFS manages the groundfish fisheries of the Bering Sea and
Aleutian Islands management area (BSAI) under the Fishery Management
Plan for Groundfish of the Bering Sea and Aleutian Islands Management
Area (FMP). The North Pacific Fishery Management Council (Council)
prepared the FMP pursuant to 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 FMP appear at
50 CFR parts 600 and 679.
The International Pacific Halibut Commission (IPHC) and NMFS manage
fishing for Pacific halibut through regulations established under the
authority of the Northern Pacific Halibut Act of 1982 (Halibut Act).
The IPHC promulgates regulations governing the halibut fishery under
the Convention between the United States and Canada for the
Preservation of the Halibut Fishery of the Northern Pacific Ocean and
Bering Sea (Convention). The IPHC's regulations are subject to approval
by the Secretary of State with concurrence of the Secretary of Commerce
(Secretary). NMFS publishes the IPHC's regulations as annual management
measures pursuant to 50 CFR 300.62.
The Halibut Act, at sections 773c(a) and (b), provides the
Secretary with general responsibility to carry out the Convention and
the Halibut Act. In adopting regulations that may be necessary to carry
out the purposes and objectives of the Convention and the Halibut Act,
the Secretary is directed to consult with the Secretary of the
department in which the U.S. Coast Guard is operating, currently the
Department of Homeland Security.
The Halibut Act, at section 773c(c), also provides the Council with
authority to develop regulations, including limited access regulations,
that are in addition to, and not in conflict with, approved IPHC
regulations. Regulations developed by the Council may be implemented by
NMFS only after approval by the Secretary. The Council exercised this
authority to allocate halibut to the CDQ Program as part of the
Individual Fishing Quota (IFQ) Program for the commercial halibut and
sablefish fisheries, codified at 50 CFR part 679, under the authority
of section 773 of the Halibut Act and section 303(b) of the Magnuson-
Stevens Act (16 U.S.C. 1853(b)).
The Council submitted Amendment 109 for review by the Secretary,
and a notice of availability of Amendment 109 was published in the
Federal Register on January 20, 2016, with comments invited through
March 21, 2016. Comments may address Amendment 109 or this proposed
rule, but must be received by March 21, 2016 to be considered in the
approval/disapproval decision on Amendment 109. All comments received
by that date, whether specifically directed to Amendment 109, or to
this proposed rule, will be considered in the approval/disapproval
decision on Amendment 109.
Background
If approved, this proposed rule would amend regulations governing
the CDQ Program to support increased participation in the groundfish
CDQ fisheries (primarily Pacific cod) by catcher vessels less than or
equal to 46 ft LOA using hook-and-line gear. The proposed rule would
exempt operators of registered catcher vessels greater than 32 ft LOA
and less than or equal to 46 ft LOA using hook-and-line gear to obtain
and carry a License Limitation Program (LLP) license when groundfish
CDQ fishing. This proposed rule also would reduce observer coverage
requirements for catcher vessels less than or equal to 46 ft LOA when
groundfish CDQ fishing and implement new in-season management and catch
accounting requirements to properly account for the harvest of
groundfish and halibut and the accrual of halibut prohibited species
catch in these fisheries. This proposed rule is intended to facilitate
increased participation by residents of CDQ communities in the BSAI
groundfish CDQ fisheries and to support economic development in western
Alaska. The proposed rule would benefit the six CDQ groups and the
operators of the small hook-and-line catcher vessels that the CDQ
groups authorize to fish on their behalf by reducing the costs of
participating in the groundfish CDQ fisheries.
The following sections describe the fisheries and the current
management programs affected by the proposed action: (1) Overview of
the CDQ Program, (2) Regulatory Constraints on Local Small-Scale
Groundfish CDQ Fisheries, (3) Need for the Proposed Action, and (4) The
Proposed Rule.
Overview of the CDQ Program
The CDQ Program is an economic development program associated with
federally managed fisheries in the BSAI. The purpose of the CDQ Program
is to provide western Alaska communities with the opportunity to
participate and invest in BSAI fisheries, to support economic
development in western Alaska, to alleviate poverty and provide
economic and social benefits for residents of western Alaska, and to
achieve sustainable and diversified local economies in western Alaska.
Regulations establishing the CDQ Program were first implemented in
1992. Congress amended the Magnuson-Stevens Act in 1996 through the
Sustainable Fisheries Act (Pub. L. 104-297) to include specific
provisions governing the CDQ Program. There are 65 communities eligible
to participate in the CDQ Program. Each community is represented by one
of six CDQ groups. The 65 eligible communities and the CDQ groups that
collectively represent these 65 communities are identified in the
Magnuson-Stevens Act at section 305(i)(1)(D) and in Table 7 to 50 CFR
part 679.
CDQ Program Halibut and Groundfish Fisheries
The CDQ Program is a catch share program that allocates a portion
of the
[[Page 6491]]
BSAI total allowable catch (TAC) for specific crab and groundfish
species, a portion of the commercial catch limits assigned by the IPHC,
and portions of certain prohibited species catch (PSC) limits to the
CDQ Program. These amounts are then further allocated among the six CDQ
groups as allocations that may be transferred among the CDQ groups
(with the exception of Chinook salmon prohibited species quota (PSQ),
which may be transferred to other authorized American Fisheries Act
entities). The Magnuson-Stevens Act requires allocations to the CDQ
Program of specific percentages of the ``total allowable catch,
guideline harvest level, or other annual catch limit . . . in each
directed fishery'' of the BSAI annual catch limits (section
305(i)(1)(B)). The Magnuson-Stevens Act also specifies the percentage
allocations among the six CDQ groups (section 305(i)(1)(C)).
The CDQ Program allocates crab, groundfish, and halibut for harvest
by the CDQ groups. The groundfish species allocated to the CDQ Program
are pollock, Pacific cod, sablefish, yellowfin sole, Greenland turbot,
arrowtooth flounder, rock sole, flathead sole, Pacific ocean perch, and
Atka mackerel. A complete list of the amount of groundfish allocated to
the CDQ Program can be found in the 2015 and 2016 annual harvest
specifications final rule (80 FR 11919, March 5, 2015). The 2015
apportionments of crab, groundfish, and halibut to each CDQ group are
listed in the annual CDQ Program allocation report at http://www.alaskafisheries.noaa.gov/cdq/allocations/annualmatrix2015.pdf.
One of the most effective ways the CDQ groups can meet the purposes
of the CDQ Program is to use the CDQ allocations to create local small-
scale commercial fisheries. Local small-scale CDQ fisheries directly
provide opportunities for residents of the CDQ communities to earn
income from the sale of the commercially harvested fish. Residents of
CDQ communities participate almost exclusively in local small-scale
fisheries. For purposes of this preamble, ``local small-scale'' means
CDQ fisheries prosecuted by catcher vessels that are less than or equal
to 46 ft LOA, using hook-and-line gear, and homeported or operated from
CDQ communities. Catcher vessels less than or equal to 46 ft LOA are
commonly used in the CDQ halibut fishery as described later in this
preamble.
Not all species can be easily or readily harvested in local small-
scale fisheries. Many groundfish and crab species are only effectively
harvested in large industrial-scale fisheries due to the gear required
(e.g., trawl gear is required to effectively harvest pollock and most
flatfish species; pot gear is required to effectively harvest crab) or
due to the great distance of the fishery from most of the CDQ
communities (e.g., Atka mackerel and Pacific ocean perch are primarily
harvested in the Aleutian Islands at substantial distance from most CDQ
communities).
Two species that are allocated to CDQ groups and that have been
effectively harvested in local small-scale fisheries in the BSAI are
halibut and Pacific cod. Both halibut and Pacific cod can be
effectively harvested by small vessels using hook-and-line gear.
Residents of CDQ communities commonly use hook-and-line gear because it
is relatively inexpensive to purchase and maintain relative to other
gear types such as trawl and pot gear, and can be operated on small
vessels.
Currently, the majority of the local small-scale CDQ fisheries
involve the harvest of the halibut CDQ allocations. By IPHC regulation,
halibut must be harvested by hook-and-line gear. The halibut CDQ
allocations typically are harvested by catcher vessels less than or
equal to 46 ft LOA (14.0 m) using hook-and-line gear. As shown in Table
3-11 of the Analysis, the halibut CDQ fishing fleet ranged from 215 to
246 vessels from 2009 through 2013. Table 3-13 in the Analysis shows
that in 2012 (the most recent year of complete data in the Analysis on
the length of vessels harvesting halibut CDQ), 217 of the 239 catcher
vessels fishing for halibut CDQ were less than or equal to 32 ft LOA, 9
were from 33 ft (10.1 m) LOA to 46 ft LOA, and only 13 vessels were
greater than 46 ft LOA.
In recent years, the exploitable biomass of halibut in the BSAI has
declined, particularly over the last four years. This has resulted in a
declining halibut CDQ allocation as well. For example, the total
halibut CDQ allocations were 2,128,000 pounds in 2011 and 797,080
pounds in 2015. The decrease in halibut CDQ allocations has resulted in
decreasing opportunities for residents of CDQ communities to earn
income important to themselves and their local economies. More
information about the status of the halibut stock and halibut CDQ
fisheries is in Sections 3.7 and 5.2 of the Analysis.
Pacific cod is an economically valuable groundfish species. It is
valuable both to participants in the CDQ Program and to those
harvesting Pacific cod outside of the CDQ Program (i.e., participants
in the non-CDQ fisheries). Pacific cod stocks have increased in
abundance over the same period that halibut stocks have declined in
abundance. In the BSAI, the overfishing level, acceptable biological
catch, and subsequent TAC for Pacific cod have generally increased over
the past 5 years. As of 2015, Pacific cod abundance is currently higher
than at any time since 1995. The Pacific cod biomass is projected to
maintain its relatively high abundance or possibly increase in 2016 and
future years. More information about Pacific cod and the Pacific cod
CDQ fisheries is in Section 3.6 and Section 5.1 of the Analysis.
In the non-CDQ Pacific cod fisheries, small hook-and-line catcher
vessels have demonstrated an ability to harvest Pacific cod in the
BSAI. For example, in 2014, five hook-and-line catcher vessels less
than 60 ft (18.3 m) LOA harvested over 2,000 mt of Pacific cod in the
non-CDQ Pacific cod fisheries in the Bering Sea (BS). (See Section
3.6.2 of the Analysis for additional detail on the non-CDQ Pacific cod
fisheries.)
However, small catcher vessels have demonstrated very little
current participation in the Pacific cod CDQ fisheries. As shown in
Table 3-13 of the Analysis, of the approximately 240 catcher vessels
fishing for halibut CDQ in 2012, only four of these catcher vessels
harvested Pacific cod, and the amount harvested was very small (2 mt).
Instead, the CDQ groups harvest most of their Pacific cod CDQ
allocations with catcher/processors greater than 60 ft LOA using hook-
and-line gear. These larger vessels can more efficiently harvest the
CDQ allocations, can fish in the times and areas when and where Pacific
cod are available, and can absorb the costs of the fisheries management
and catch monitoring requirements associated with these fisheries. In
addition, many of the CDQ groups own a portion of one or more hook-and-
line catcher/processors, so in addition to receiving royalties for the
lease of the Pacific cod CDQ, the CDQ group also earns a share of the
profits from the catcher/processors. Finally, and most importantly for
this proposed rule, there are regulatory constraints that limit the use
of small catcher vessels in the groundfish CDQ fisheries. These
constraints are described in more detail in the ``LLP Requirements in
the CDQ Fisheries'' and ``Observer Coverage Requirements in the CDQ
Groundfish and Halibut Fisheries'' sections of the preamble.
CDQ Program Prohibited Species Catch (PSC) Limits
In addition to allocations of groundfish, halibut, and crab for
harvest, the CDQ groups also receive annual allocations of certain BSAI
PSC
[[Page 6492]]
limits to account for the catch of those prohibited species in the
groundfish CDQ fisheries. Prohibited species may be caught by a vessel
when fishing for groundfish in the BSAI. A PSC limit is an apportioned,
non-retainable amount of fish or crab provided to a groundfish fishery
to limit the bycatch of that prohibited species in that particular
groundfish fishery.
The CDQ Program receives annual allocations of the BSAI PSC limits
for halibut, Chinook salmon, non-Chinook salmon, red king crab,
Chionoecetes (C.) opilio crab, and C. bairdi crab. The annual
allocation of a portion of a PSC limit to the CDQ Program is referred
to as a PSQ reserve, and the annual allocation of the PSQ reserve among
the CDQ groups is referred to as PSQ (see definitions for these terms
at Sec. 679.2).
The PSQ allocations in the CDQ Program are managed in the same
manner as PSC limits in the non-CDQ fisheries. These requirements are
described in regulations at Sec. Sec. 679.32 and 679.7(d)(5). The
halibut PSQs are transferable only among the CDQ groups. Operators of
vessels groundfish fishing in the BSAI are prohibited from retaining
Pacific halibut, unless the vessel operator is authorized to retain
halibut CDQ or halibut IFQ. However, halibut often is incidentally
caught when groundfish fishing because halibut can occur in the same
areas and at the same time of year as the groundfish fisheries occur.
The operator of a vessel engaged in directed fishing for groundfish in
the BSAI must minimize catch of Pacific halibut prohibited species (see
regulations at Sec. 679.21(b)(2)). NMFS accrues estimates of halibut
PSC to the halibut PSC limit or to a PSQ limit in all BSAI hook-and-
line fisheries for Pacific cod, including the Pacific cod CDQ
fisheries.
Regulatory Constraints on Local Small-Scale Groundfish CDQ Fisheries
There are two regulatory constraints that limit the ability for CDQ
groups to develop local small-scale groundfish fisheries, and more
specifically local small-scale Pacific cod CDQ fisheries. These are (1)
LLP requirements in the CDQ fisheries, and (2) observer coverage
requirements in the CDQ groundfish and halibut fisheries. These
constraints are described in the following sections of the preamble.
LLP Requirements in the CDQ Fisheries
In 2000, NMFS established the LLP to limit the amount of fishing
capacity relative to available fishery resources (63 FR 52642, October
1, 1998). The LLP limits the number, size, and specific operation of
vessels fishing for groundfish in the BSAI, based on historical
participation. With several exceptions noted below, a vessel is
required to be named on an LLP license before it can be used to conduct
directed fishing for ``LLP groundfish'' in the Gulf of Alaska or BSAI.
LLP license requirements do not apply to vessels that directed fish
only for halibut because halibut is not defined as an LLP groundfish
species (see Sec. 679.2). Vessels that are groundfish CDQ fishing in
the BSAI are required to obtain and carry an LLP license (groundfish
CDQ fishing is defined in Sec. 679.2). LLP licenses are transferable.
Vessel owners who were not initially issued an LLP license must obtain
an LLP license through transfer from a current LLP license holder in
order to directed fish for LLP groundfish.
There are three exceptions at Sec. 679.4(k)(2) to the LLP license
requirement that apply to vessels in the CDQ and non-CDQ fisheries in
the BSAI:
Vessels that do not exceed 32 ft (9.8 m) LOA;
vessels that do not exceed 60 ft (18.3 m) LOA and that are
using jig gear (but no more than 5 jig machines, 1 line per machine,
and 15 hooks per line); and
certain vessels constructed for, and used exclusively in,
CDQ fisheries.
NMFS assigns endorsements for specific areas (e.g., Bering Sea or
Aleutian Islands), specific gear (e.g., non-trawl or trawl), and
operation type (e.g., catcher vessel or catcher/processor) on LLP
licenses. Each license has a maximum length overall (MLOA) designation
that restricts the length of the vessel that can be named on that LLP
license. In addition, most vessels directed fishing for Pacific cod
must be named on an LLP license with a Pacific cod endorsement for the
appropriate area, gear, and operation type. Catcher vessels less than
60 ft LOA are not required to have a Pacific cod endorsement on their
LLP license to fish for Pacific cod in the BSAI.
Therefore, specific to this proposed rule, catcher vessels less
than or equal to 32 ft LOA that are groundfish CDQ fishing are not
required to have an LLP license. Catcher vessels greater than 32 ft LOA
that are using hook-and-line gear and groundfish CDQ fishing must have
an LLP license endorsed by area, gear, and operation type, and have the
appropriate MLOA designation. However, catcher vessels greater than 32
ft LOA and less than or equal to 46 ft LOA are not required to have a
Pacific cod species endorsement on their LLP license. Additional
information on the LLP is available in the final rule implementing the
LLP (63 FR 52642, October 1, 1998), and in subsequent amendments to the
LLP.
Observer Coverage Requirements in the CDQ Groundfish and Halibut
Fisheries
The North Pacific Groundfish and Halibut Observer Program (Observer
Program) provides the regulatory framework for NMFS-certified observers
(observers) to collect information necessary for the conservation and
management of the federally managed fisheries off Alaska. Regulations
governing observer coverage (50 CFR part 679, subpart E) place all
vessels and processors in the federally managed groundfish and halibut
fisheries off Alaska into one of two observer coverage categories: (1)
Full observer coverage, and (2) partial observer coverage. Additional
information about observer coverage requirements and the vessel
operator's responsibilities when required to carry an observer can be
found at Sec. 679.51(e) and in the preamble to the final rule
implementing the restructured Observer Program (77 FR 70062, November
21, 2012).
Any catcher vessel participating in a catch share program with
transferable PSC allocations is assigned to the full observer coverage
category when the vessel is participating in these catch share
programs. As described in an earlier section of this preamble, the CDQ
Program is a catch share program with transferable PSC allocations.
Therefore, NMFS assigns catcher vessels that participate in CDQ
fisheries in which the catch of halibut accrues to the CDQ group's
transferable halibut PSQ to the full observer coverage category.
Relevant to this proposed rule, catcher vessels groundfish CDQ fishing
using hook-and-line gear, including those directed fishing for Pacific
cod CDQ, are in the full observer coverage category because the discard
of halibut by these vessels accrues to the CDQ group's halibut PSQ.
NMFS assigns catcher vessels that are halibut CDQ fishing or
sablefish CDQ fishing with fixed gear to the partial observer coverage
category, as it does for catcher vessels groundfish CDQ fishing with
pot or jig gear. These catcher vessels are required to have an observer
on board the vessel if selected for observer coverage (see Sec.
679.51(a)(1)). These catcher vessels are in the partial observer
coverage category because the catch of prohibited species in these
fisheries does not accrue to a PSQ.
Full observer coverage requirements can impose significant costs on
the owners of vessels that are groundfish CDQ fishing, particularly
owners of small vessels, such as those that are less
[[Page 6493]]
than or equal to 46 ft LOA. Obtaining an observer for all groundfish
CDQ fishing would likely be cost prohibitive for the CDQ groups and
vessel owners given the revenue for these small vessels. Section
3.6.6.2 of the Analysis provides additional detail on the costs of
placing observers on board small vessels in the BSAI.
Need for the Proposed Action
In October 2013, the Council received a proposal from the
representatives of all six of the CDQ groups to revise certain Federal
regulations that restrict the ability of fishermen in CDQ communities
to harvest allocations of Pacific cod CDQ with small hook-and-line
catcher vessels. In particular, representatives for the CDQ groups
identified LLP license and full observer coverage regulations as
limitations on the ability of CDQ community fishermen to retain Pacific
cod CDQ when participating in the CDQ fisheries. In addition, the CDQ
groups reported that recent declines in halibut CDQ allocations could
prevent the CDQ Program from meeting its economic development
objectives, and the ability to develop a local small-scale Pacific cod
CDQ fishery would help to offset the lost halibut harvesting and
processing opportunities in the CDQ communities. In response, the
Council reviewed and developed a series of analyses that resulted in
this proposed action.
The Council recommended its preferred alternative in February 2015.
The Council's preferred alternative would (1) exempt operators of
registered catcher vessels greater than 32 ft LOA and less than or
equal to 46 ft LOA using hook-and-line gear from the requirement to
obtain and carry an LLP license when groundfish CDQ fishing; (2) place
catcher vessels less than or equal to 46 ft LOA using hook-and-line
gear in the partial observer coverage category when they are groundfish
CDQ fishing; (3) allow halibut caught by operators of catcher vessels
less than or equal to 46 ft LOA using hook-and-line gear when
groundfish CDQ fishing to accrue as either halibut CDQ, halibut IFQ, or
halibut PSC, on a trip-by-trip basis; and (4) implement new in-season
management and catch accounting procedures to properly account for the
harvest of groundfish and halibut and the accrual of halibut PSC by
operators of catcher vessels less than or equal to 46 ft LOA using
hook-and-line gear when halibut or groundfish CDQ fishing. Additional
details about the specific management measures NMFS proposes to
implement the Council's preferred alternative are described below in
the section titled ``The Proposed Rule.''
The Council's preferred alternative is intended to provide a
regulatory structure for the harvest of groundfish CDQ that provides
opportunities for the small catcher vessels that fish on behalf of a
CDQ group to retain additional Pacific cod and other groundfish in the
halibut CDQ fishery, or to develop separate Pacific cod or other
groundfish CDQ fisheries without triggering LLP license and full
observer coverage requirements. The Council's preferred alternative
also is intended to provide additional fishing opportunities to small
catcher vessel operators in CDQ communities who have had reduced
harvest opportunities due to lower halibut abundance and the resulting
lower halibut CDQ allocations. This proposed action is intended to
provide the regulatory flexibility necessary for the CDQ groups to
develop diversified local small-scale halibut and groundfish fisheries.
LLP Exemption
The Council determined that a new LLP exemption for registered
catcher vessels greater than 32 ft LOA and less than or equal to 46 ft
LOA using hook-and-line gear when groundfish CDQ fishing was necessary
to encourage the retention and sale of groundfish CDQ in the halibut
fisheries and to encourage the development of directed fisheries for
groundfish CDQ by vessel operators delivering catch to processors
located in CDQ communities. Exemption from the LLP would remove a
barrier created by the lack of LLP licenses available for small hook-
and-line catcher vessels fishing on behalf of a CDQ group. The Council
determined and NMFS agrees that this limited exemption to the LLP
license requirements would not undermine the objectives of the LLP
because it would apply only to registered small catcher vessels when
groundfish CDQ fishing. Because the CDQ groups receive specific harvest
allocations, the Council determined and NMFS agrees that providing a
limited exemption to these registered catcher vessels would not result
in increased harvests overall in the BSAI groundfish fisheries, or
contribute to a ``race for fish'' among fishery participants.
As noted earlier in this preamble, there are approximately 240
vessels that fish for halibut out of CDQ communities. Under current
regulations, operators of vessels that are greater than 32 ft LOA are
prohibited from also conducting directed fishing for CDQ groundfish or
non-CDQ groundfish when they are halibut CDQ or halibut IFQ fishing
unless they have an LLP license with the necessary endorsements. The
Council recommended that the exemption apply only to catcher vessels
that are less than or equal to 46 ft LOA because approximately 95
percent of the approximately 240 catcher vessels currently active in
halibut CDQ fisheries are within this size class. In addition, the CDQ
groups recommended the 46-ft-LOA threshold because the largest vessel
that is owned by a resident of a CDQ community that participates in the
halibut CDQ fisheries is 46 ft LOA. Therefore, although the Council
recognized that there are catcher vessels greater than 46 ft LOA
fishing for halibut CDQ that do not have LLPs, the focus of this
proposed action is on the smaller vessels because those vessels
generally are owned and operated by residents of the CDQ communities
and fish out of those communities.
Nine of the approximately 240 catcher vessels that fish for halibut
out of the CDQ communities are greater than 32 ft LOA and less than or
equal to 46 ft LOA. Only two of these nine catcher vessels are already
assigned LLP licenses. Currently, all of the LLP licenses with the
appropriate MLOA, gear endorsement (i.e., non-trawl gear), and
operation type (i.e., catcher vessel) that could be used on the seven
catcher vessels greater than 32 ft LOA and less than or equal to 46 ft
LOA that do not have LLP licenses are assigned to other non-CDQ vessels
actively fishing in the BSAI. Based on the information available, it
does not appear that LLP licenses with the necessary endorsements for
these seven small vessels are available for transfer. Therefore, the
exemption to LLP requirements for catcher vessels that are less than or
equal to 46 ft LOA would provide additional groundfish harvest
opportunities to the owners and operators of vessels based in CDQ
communities. Additional detail about the limitations to obtaining an
appropriately endorsed LLP license for the catcher vessels less than 46
ft LOA using hook-and-line gear is provided in Section 3.6.6.1 of the
Analysis.
The Council also recommended that each CDQ group register any
catcher vessel eligible for the LLP license exemption with NMFS in
order for the exemption to apply. The CDQ vessel registration list
would clearly identify those eligible vessels that are exempt from the
LLP license requirements. It is important to note that the LLP license
exemption would not apply until an eligible vessel is successfully
registered by a CDQ group representative. The Council also recommended
that an LLP exemption letter be issued to each
[[Page 6494]]
vessel operator, and that each vessel operator maintain a legible copy
of the LLP exemption letter on board the vessel at all times when
fishing for groundfish CDQ. Maintaining a legible copy of the LLP
exemption letter on board the vessel would provide documentation that
the vessel is exempt from the LLP requirements, should the vessel be
boarded by the U.S. Coast Guard or NMFS' Office of Law Enforcement.
Although the CDQ vessel registration list of vessels eligible for the
LLP exemption would be available on NMFS' Web site, vessel boardings
can occur in areas with no access to the internet. In these cases, the
LLP exemption letter would provide initial documentation that the
vessel is exempt from the LLP, which could later be confirmed by
checking the CDQ vessel registration list. More information about the
CDQ vessel registration system and the LLP exemption letter is in the
section below titled ``The Proposed Rule.''
Observer Coverage
The Council recommended placing the hook-and-line catcher vessels
less than or equal to 46 ft LOA that are groundfish CDQ fishing in the
partial observer coverage category to remove a significant financial
and operational barrier to further development of the local small-scale
groundfish CDQ fisheries. In making this recommendation, the Council
recognized that it is likely that few CDQ small vessels would be
required to carry an observer under the existing deployment strategy
and deployment rates for vessel in the partial observer coverage
category (see Section 3.12 of the Analysis for additional detail on
observer deployment). However, the Council determined and NMFS agrees
that the benefits that would come with increased participation in local
small-scale groundfish CDQ fisheries would justify the moving these
vessels from full observer coverage to partial observer coverage.
Additionally, the Council and NMFS determined that NMFS could
adequately account for harvests and discards in these local small-scale
groundfish CDQ fisheries with certain modifications to the catch
accounting procedures.
To establish effective catch accounting for hook-and-line catcher
vessels less than or equal to 46 ft LOA that are groundfish CDQ
fishing, the Council recommended that NMFS modify catch accounting
procedures as described below in the ``Catch Accounting and Fisheries
Management'' section of the preamble.
Catch Accounting and Fisheries Management
When the halibut fishery is open, the Council's preferred
alternative would allow the CDQ groups to decide on a trip-by-trip
basis whether a groundfish CDQ fishing trip by a hook-and-line catcher
vessel less than or equal to 46 ft LOA would be supported by halibut
CDQ, halibut IFQ, or by halibut PSC. When the halibut fishery is
closed, the CDQ groups could conduct groundfish CDQ fishing by hook-
and-line catcher vessels less than or equal to 46 ft LOA supported by
halibut PSC. The Council determined and NMFS agrees that the allowance
for trip-by-trip accounting would provide the maximum flexibility for
the CDQ groups and vessel operators to increase the harvest of Pacific
cod CDQ as part of a halibut CDQ or halibut IFQ fishery, or as a
separate Pacific cod fishery in which halibut PSC would accrue. This
allowance is consistent with the purpose of the proposed action. NMFS
would manage the removals of halibut and debit them from the proper
account as described in ``The Proposed Rule'' section of this preamble.
Catch Accounting
The Council determined and NMFS agrees that the local small-scale
groundfish CDQ fisheries would be managed by NMFS with in-season
fishery closures and a separate component of a CDQ group's halibut PSQ
that would be called the ``small catcher vessel halibut PSC limit.''
The determination of whether halibut PSC would accrue to the small
catcher vessel halibut PSC limit for the groundfish CDQ landing would
depend on the presence or absence of halibut in the landing. As long as
the halibut fishery is open and at least one halibut is reported as
halibut CDQ or halibut IFQ in the groundfish CDQ landing, NMFS would
not accrue any estimates of halibut PSC from this landing to the CDQ
group's small catcher vessel halibut PSC limit. When the halibut
fishery is closed, or if the halibut fishery is open and no halibut are
reported in the landing, NMFS would accrue an estimate of halibut PSC
to the CDQ group's small catcher vessel halibut PSC limit. Once a
vessel operator retains one halibut, he or she would be required to
retain all legal-size halibut caught for the remainder of that fishing
trip as either halibut CDQ or halibut IFQ.
The Council and NMFS determined that establishing small catcher
vessel halibut PSC limits for each CDQ group fishing with small hook-
and-line catcher vessels would meet two important objectives. First, it
would maintain the precedent the Council has set to require full
observer coverage for any catcher vessels in catch share programs with
transferable PSC allocations while allowing small hook-and-line catcher
vessels to fish for groundfish CDQ without being subject to full
observer coverage. Second, it would establish a method for assessing
halibut PSC for the small hook-and-line catcher vessels based on the
same methods used for other small hook-and-line catcher vessels active
in the non-CDQ groundfish fisheries. More information about the
management of the small vessel groundfish CDQ fisheries is in the
section below titled ``The Proposed Rule.''
Under the Council's preferred alternative, all other regulations
not specifically exempted or modified would continue to apply to the
small hook-and-line catcher vessels when groundfish CDQ fishing. These
include area closures and vessel monitoring system (VMS) requirements
that apply to all hook-and-line catcher vessels directed fishing for
CDQ and non-CDQ Pacific cod. Additional detail on regulations that are
currently applicable to small hook-and-line catcher vessels is provided
in Section 2.1 of the Analysis and is not repeated here.
The Proposed Rule
The following paragraphs describe the provisions of the proposed
rule. The proposed rule would revise regulations at 50 CFR part 679 to
implement Amendment 109 and the Council's preferred alternative to: (1)
Exempt registered catcher vessels greater than 32 ft LOA and less than
or equal to 46 ft LOA using hook-and-line gear from the requirement to
obtain and carry an LLP license when groundfish CDQ fishing; (2) add
fishery management and monitoring requirements for the small hook-and-
line catcher vessels to Sec. 679.32(c); and (3) place catcher vessels
less than or equal to 46 ft LOA using hook-and-line gear into the
partial observer coverage category when groundfish CDQ fishing. In
addition to these changes, the proposed rule would remove an
unnecessary cross reference table for observer coverage from Sec.
679.51(f).
LLP Exemption
The current LLP exemptions are codified at Sec. 679.4(k)(2). The
proposed rule would add a new paragraph (vi) to Sec. 679.4(k)(2) to
establish a new LLP exemption for registered catcher vessels greater
than 32 ft LOA and less than or equal to 46 ft LOA using hook-and-line
gear when groundfish CDQ fishing. The operators of catcher vessels
eligible for
[[Page 6495]]
the LLP exemption would not be required to obtain and carry an LLP
license when they are groundfish CDQ fishing if certain vessel
registration requirements are met prior to groundfish CDQ fishing.
The proposed rule would establish the requirements for the NMFS
online CDQ vessel registration system (``the CDQ vessel registration
system'') at paragraph (m) of Sec. 679.5. The CDQ group representative
would be required to register each eligible catcher vessel for
exemption from the LLP license requirements through the CDQ vessel
registration system. The CDQ group representative would be required to
log into the CDQ vessel registration system using the CDQ group's
existing NMFS ID and password and provide the information required on
the computer screen. NMFS would add each vessel successfully registered
to the CDQ vessel registration list on the NMFS Alaska Region Web site
at http://alaskafisheries.noaa.gov.
The CDQ group representative could add eligible catcher vessels to
the CDQ vessel registration list at any time during the groundfish
fishing year (January 1 to December 31); there would be no deadline for
vessel registration with NMFS. Because registered vessels would be
required to have a legible copy of the LLP exemption letter described
below on board the vessel before the vessel operator starts groundfish
CDQ fishing, the CDQ group representative and the vessel operator would
have to allow for sufficient time to complete the registration process
prior to the start of groundfish CDQ fishing by the vessel.
With each successful registration, the CDQ vessel registration
system would provide the CDQ group representative with an LLP exemption
letter documenting that the vessel is eligible for the LLP exemption
when groundfish CDQ fishing. The CDQ group representative would be
responsible for providing a copy of the LLP exemption letter to the
vessel operator. The vessel operator would be required to maintain a
legible copy of the LLP exemption letter on board the named vessel at
all times when that vessel is groundfish CDQ fishing. NMFS would not
provide the LLP exemption letter directly to vessel operators.
The LLP exemption letter also would provide printable confirmation
to the CDQ group of a successfully completed vessel registration. Once
registered, a vessel would remain on the CDQ vessel registration list
until removed by a CDQ group. The proposed rule does not include a
requirement that the CDQ groups re-register vessels annually.
A CDQ group representative would have the ability to remove a
vessel from the CDQ vessel registration list at any time by logging
into the CDQ vessel registration system and following the applicable
instructions. In removing a vessel from the CDQ vessel registration
list, the CDQ group representative would be required to certify (1)
that the vessel operator had been given notice by the CDQ group that
the vessel was going to be removed from the list, and (2) that the
vessel operator was not groundfish CDQ fishing at the time of removal.
The CDQ vessel registration system would provide a printable
confirmation that a vessel had been removed from the CDQ vessel
registration list. Once a vessel is removed from the CDQ vessel
registration list, that vessel would no longer be exempt from the LLP
requirements, even if the operator was still in possession of the LLP
exemption letter. The proposed rule would not require a CDQ group
representative to remove registered vessels when they are participating
in a non-CDQ fishery.
In order to receive the exemption from the LLP license
requirements, both active registration through the CDQ vessel
registration system and a legible copy of the LLP exemption letter on
board the vessel would be required. To further clarify the vessel
operator's responsibility, the proposed rule would add a new
prohibition at Sec. 679.7(d)(8) to prohibit the operator of a vessel
eligible for the LLP exemption from conducting groundfish CDQ fishing
without having a legible copy of the LLP exemption letter issued to a
CDQ group for that vessel on board the vessel. In addition, the
proposed rule would add a new prohibition at Sec. 679.7(d)(9) to
prohibit a CDQ group representative from removing a vessel from the CDQ
vessel registration list without first providing notice to the operator
of the registered vessel that the vessel is being removed from the CDQ
vessel registration list, or when the vessel is groundfish CDQ fishing.
Catch Accounting and Fishery Monitoring Requirements
The proposed rule would create a new paragraph (c)(3)(iii) in Sec.
679.32 for the catch accounting and fishery monitoring requirements
that would apply to catcher vessels less than or equal to 46 ft LOA
using hook-and-line gear when groundfish CDQ fishing and to the CDQ
groups authorizing these vessels. Current regulations at Sec.
679.32(c)(3)(i)(D) and (c)(3)(ii)(D) would continue to apply to catcher
vessels greater than 46 ft LOA using hook-and-line gear when groundfish
CDQ fishing.
The proposed rule would establish catch accounting procedures that
provide CDQ groups and vessel operators with the opportunity to retain
halibut CDQ or halibut IFQ when groundfish CDQ fishing. If the vessel
operator is relying on halibut CDQ from a CDQ group to support the
retained catch of legal-size halibut during a fishing trip, the CDQ
group would be required to provide adequate halibut CDQ to this vessel
operator to account for all the legal-size halibut caught by the vessel
during the entire fishing trip. A CDQ group's halibut PSQ would not be
reduced if halibut is present in the landing. Landed halibut CDQ or
halibut IFQ would accrue to the account balance of the permit holder
identified by the processor in the landing report based on the permits
held by the vessel operator or persons on board the vessel.
The operator of a hook-and-line catcher vessel less than or equal
to 46 ft LOA who retains any halibut CDQ or halibut IFQ during the
groundfish CDQ fishing trip would be required to retain all legal-size
halibut caught during that fishing trip. The Council and NMFS
determined that this regulatory provision is necessary to ensure proper
accounting for halibut and to reduce halibut discards in the small
vessel groundfish CDQ fishery. In this situation, NMFS would assume
that the vessel operator retained all legal-size halibut and that the
only halibut released from the fishing gear would be sub-legal-size
halibut. NMFS would continue to account for sub-legal-size halibut as
wastage associated with the halibut fishery and it would not accrue to
any halibut PSC limit. Under the proposed rule, as long as at least one
halibut was included in the groundfish CDQ landing, NMFS would not
accrue any estimates of halibut PSC from the small vessel groundfish
CDQ fisheries to the CDQ group's halibut PSQ or to any component of the
BSAI halibut PSC limit.
If no halibut are included in a groundfish CDQ landing, NMFS would
accrue an estimate of halibut PSC to the CDQ group's small catcher
vessel halibut PSC limit (described below). NMFS would estimate the
halibut PSC associated with these types of groundfish CDQ fishing trips
using halibut PSC rates as calculated by NMFS, and apply the halibut
PSC rates when halibut fishing is closed or when halibut fishing is
open but no halibut are included in a landing.
Under the proposed rule, NMFS would create a new quota category
available to each CDQ group called the ``small catcher vessel halibut
PSC limit.'' If a CDQ group wants to have a
[[Page 6496]]
small hook-and-line catcher vessel groundfish CDQ fishery, the CDQ
group would be required to transfer halibut PSQ from its halibut PSQ to
its small catcher vessel halibut PSC limit through a CDQ Transfer
Request under Sec. 679.5(n). CDQ groups that do not want to have a
local small-scale groundfish CDQ fishery would not have to transfer any
halibut PSQ to this account. Each CDQ group would, in collaboration
with NMFS, decide the appropriate amount of halibut PSQ to transfer to
the small catcher vessel halibut PSC limit based on the amount of
groundfish CDQ it wanted to allocate to its small hook-and-line catcher
vessel groundfish CDQ fishery and the expected use of halibut PSC in
that fishery.
With the exception of sablefish CDQ fishing, which will continue to
be managed under Sec. 679.32(c)(1), the proposed rule would prohibit
groundfish CDQ fishing by catcher vessels less than or equal to 46 ft
LOA using hook-and-line gear unless NMFS publishes notification in the
Federal Register authorizing a CDQ group to conduct such fishing. In
deciding whether to authorize groundfish CDQ fishing by these vessels,
NMFS would consider whether a CDQ group has sufficient halibut in its
small catcher vessel halibut PSC limit to support groundfish CDQ
fishing by these catcher vessels.
If NMFS determines that a CDQ group's small catcher vessel halibut
PSC limit has been or will be reached, NMFS would issue a notice in the
Federal Register prohibiting groundfish CDQ fishing by the small hook-
and-line catcher vessels fishing for that CDQ group. NMFS would be
responsible for issuing fishing closures to the small hook-and-line
catcher vessel groundfish CDQ fisheries to maintain halibut PSC by
these vessels within the small catcher vessel halibut PSC limit
established by a CDQ group. NMFS would manage these fisheries to stay
within the applicable CDQ groups' halibut PSC amount to the best of its
ability, and would manage the small hook-and-line catcher vessel
groundfish CDQ fishery conservatively to ensure that these PSC limits
are not exceeded.
Even with conservative management, it is possible that a small
catcher vessel halibut PSC limit could be exceeded due to the high
degree of variability in halibut PSC rates that can occur in hook-and-
line fisheries. If NMFS is unable to close a CDQ group's small catcher
vessel groundfish CDQ fishery before it exceeds the amount of halibut
PSC allocated to the small catcher vessel halibut PSC limit, NMFS would
not consider this a violation, and NMFS would not require the CDQ group
to transfer an amount of halibut PSQ needed to cover the negative
balance. However, the proposed rule would allow a CDQ group to
voluntarily choose to transfer additional halibut PSQ to bring the
balance of its small catcher vessel halibut PSC limit to zero.
If a CDQ group's small catcher vessel halibut PSC limit has a
negative balance at the end of the groundfish fishing year (December
31), and if the CDQ group has remaining halibut PSQ on that date, NMFS
would transfer an amount of halibut PSQ into the CDQ group's small
catcher vessel halibut PSC limit to bring the balance of the small
catcher vessel halibut PSC limit to zero. NMFS would make this
administrative transfer only after all fishing by a CDQ group is
completed for the year, after data from the fishing year is finalized,
and if the CDQ group had sufficient remaining halibut PSQ.
The CDQ Program currently receives an allocation of 393 mt of
halibut PSC, which is further allocated among the CDQ groups in annual
halibut PSQ allocations to individual CDQ groups that range from 25 mt
to 135 mt. Between 2010 and 2014, none of the CDQ groups fully used
their halibut PSQ, and all CDQ groups had remaining halibut PSQ at the
end of the year. Therefore, NMFS has determined that, should an
administrative transfer be warranted, a CDQ group will likely have
sufficient halibut PSQ to accommodate the transfer. However, if a CDQ
group does not have a sufficient amount of halibut PSQ to cover a
negative balance in the CDQ group's small catcher vessel halibut PSC
limit, NMFS would not undertake an administrative transfer and there
would be no regulatory or compliance consequences to the CDQ group.
The proposed rule also would permit a CDQ group to transfer halibut
from its small catcher vessel halibut PSC limit back to the CDQ group's
halibut PSQ. In reviewing a request to transfer halibut from the small
catcher vessel halibut PSC limit back to the CDQ group's halibut PSQ,
NMFS would consider the status of CDQ fisheries through the end of the
year and anticipated halibut PSC rates for any remaining groundfish CDQ
fishing by vessels managed under the small catcher vessel halibut PSC
limit for the requesting CDQ group.
Observer Coverage
The proposed rule would add paragraph (a)(1)(i)(D) to Sec. 679.51
and revise Sec. 679.51(a)(2)(i)(C)(2) to place catcher vessels less
than or equal to 46 ft LOA that are using hook-and-line gear when
groundfish CDQ fishing in the partial observer coverage category. This
new paragraph is proposed as paragraph (a)(1)(i)(D) because a separate
proposed rule implementing Amendment 112 to the FMP and Amendment 102
to the Fishery Management Plan for Groundfish of the Gulf of Alaska is
proposing to add a new paragraph (a)(1)(i)(C) to Sec. 679.51 (see 80
FR 81262; December 29, 2015).
Under current regulations, the owners or operators of vessels in
the partial observer coverage category are placed in an observer
selection pool based on the requirements of the Annual Deployment Plan
(ADP). Since implementation of the ADP process in 2013, vessels less
than 40 ft. (12.2 m) LOA have been placed in the ``no selection pool.''
These vessels are not required to carry observers or register fishing
trips with NMFS. Vessels 40 ft LOA or greater are in the ``trip
selection pool'' and must log all of their fishing trips in the
Observer Declare and Deploy System (ODDS). This is an online system for
registering fishing trips and receiving information about whether a
particular trip is selected for observer coverage. If selected for
observer coverage, the catcher vessel is required to carry an observer.
Operators of vessels selected for observer coverage are required to
comply with all vessel responsibilities in Sec. 679.51(e)(1). More
information about logging trips in ODDS is on the NMFS Alaska Region
Web site under ``Frequently Asked Questions'' about the Observer
Program (http://alaskafisheries.noaa.gov/sustainablefisheries/observers/).
Hook-and-line catcher vessels engaged in halibut CDQ fishing have
been in the partial observer coverage category since 2013. Operators of
vessels 40 ft LOA or greater have been logging halibut CDQ fishing
trips and should be familiar with the requirements for partial observer
coverage. Most of the small hook-and-line catcher vessels that are
expected to participate in separate Pacific cod CDQ fisheries under the
proposed action are owned or operated by people who have participated
in the halibut CDQ fisheries (see Section 3.7 of the Analysis).
Therefore, the requirements and procedures for partial observer
coverage should be familiar to them. If a vessel operator retains
groundfish CDQ during a halibut CDQ fishing trip, no additional trips
will need to be logged in ODDS. If a vessel operator makes separate
fishing trips to target Pacific cod CDQ, the vessel operator would be
required to log these new fishing trips in ODDS, and to carry an
observer if selected to do so.
[[Page 6497]]
Other Regulatory Change
The proposed rule would remove the table in Sec. 679.51(f) that
summarizes the observer coverage requirements for different management
programs and industry sectors. Prior to Observer Program Restructuring
(77 FR 70062, November 21, 2012), this table was located at the
beginning of subpart E as table of contents or guide to observer
coverage requirements. However, with the reorganization of observer
coverage requirements in the 2012 rule and the placement of this table
at the end of Sec. 679.51, it no longer serves its previous function
as a table of contents for the section. Therefore, NMFS proposes to
remove the table.
Classification
Pursuant to sections 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 Amendment 109 to the FMP, other
provisions of the Magnuson-Stevens Act, and other applicable law,
subject to further consideration after public comment.
This proposed rule has been determined to be not significant for
purposes of Executive Order 12866.
Initial Regulatory Flexibility Analysis
An initial regulatory flexibility analysis (IRFA) was prepared, as
required by section 603 of the Regulatory Flexibility Act (RFA). The
IRFA describes the economic impact this proposed rule, if adopted,
would have on small entities. A further description of the action, why
it is being considered, and the legal basis for this action are
contained earlier in the preamble to this proposed rule. A copy of the
IRFA is available from NMFS (see ADDRESSES). A summary of the analysis
follows.
The proposed action would directly regulate two classes of small
entities: (1) The six CDQ groups, which are non-profit corporations
that represent the 65 western Alaska communities that are eligible to
participate in the CDQ Program; and (2) the owners and operators of
small hook-and-line catcher vessels who are authorized by a CDQ group
to harvest groundfish or halibut CDQ allocations.
The RFA recognizes and defines three kinds of small entities: (1)
Small businesses, (2) small non-profit organizations, and (3) small
government jurisdictions. The CDQ groups are considered small entities
due to their status as non-profit corporations. According to Section
1.2.1 of the Analysis, the six CDQ groups had total revenues of
approximately $311.5 million in 2011, primarily from royalties on the
lease of pollock CDQ allocations. Between 1992 and 2011, the CDQ groups
accumulated net assets worth approximately $803 million, including
ownership of small local processing plants, catcher vessels, and
catcher/processors that participate in the groundfish, crab, salmon,
and halibut fisheries.
The Small Business Administration has established size standards
for all major industry sectors in the United States. A business
primarily involved in finfish harvesting is classified as a small
business if it is independently owned and operated, is not dominant in
its field of operation (including its affiliates), and has combined
annual gross receipts not in excess of $20.5 million, for all its
affiliated operations worldwide.
It is difficult to predict how many small hook-and-line catcher
vessels may participate in the future under the proposed action because
no catcher vessels less than or equal to 46 ft LOA using hook-and-line
gear currently are conducting directed fishing for groundfish CDQ. The
best estimate of the upper bound of the number of future participants
in the small catcher vessel Pacific cod CDQ fisheries is the maximum of
278 vessels less than or equal to 46 ft LOA that participated in the
halibut CDQ fisheries from 2000 to 2013. NMFS assumes that all of the
vessels that could be directly regulated by this action would be small
entities based on estimated revenues of less than $20.5 million for all
vessels and their known affiliations.
The proposed action contains three new reporting and recordkeeping
requirements that affect small entities. First, each CDQ group that
authorizes catcher vessels greater than 32 ft LOA and less than or
equal to 46 ft LOA using hook-and-line gear to fish for groundfish CDQ
with an exemption from the LLP would be required to register the vessel
in an online CDQ vessel registration system developed and maintained by
NMFS. All six CDQ groups would then be subject to the vessel
registration requirement if they had vessels participating.
Second, operators of registered catcher vessels greater than 32 ft
LOA and less than or equal to 46 ft LOA using hook-and-line gear that
would be exempt from the LLP license requirements would be required to
maintain a legible copy of an LLP exemption letter on board the vessel
at all times when groundfish CDQ fishing. The LLP exemption letter
would be generated through the CDQ vessel registration system when a
CDQ group registered an eligible vessel. Each CDQ group representative
would be required to provide this letter to the vessel operator. All
six CDQ groups and all vessel operators could be subject to this
requirement.
Third, small catcher vessels fishing for groundfish CDQ under the
proposed action would be placed in the partial observer coverage
category. Vessels subject to observer coverage are determined annually
through the Observer Program's Annual Deployment Plan (ADP). Since
inception of the ADP process in 2013, vessels less than 40 ft. LOA have
been placed in the ``no selection pool'' and have had no additional
reporting or recordkeeping requirements. Vessels 40 ft LOA or greater
are in the ``trip selection pool'' and must log all of their fishing
trips in the Observer Declare and Deploy System (ODDS). This is an
online system for registering fishing trips and receiving information
about whether a particular trip is selected for observer coverage.
Vessels between 40 ft LOA and 46 ft LOA already log their halibut
CDQ and halibut IFQ fishing trips in ODDS. Therefore, if these vessels
are combining groundfish CDQ fishing with halibut CDQ or halibut IFQ
fishing, they would not incur any additional reporting requirements
associated with placement in the partial observer coverage category
because the halibut trips already are in partial observer coverage.
However, if any of these vessels starts fishing for groundfish CDQ
separate from their halibut CDQ or halibut IFQ fishing trips, then
those additional fishing trips would be required to be logged in ODDS.
The cost of logging trips in ODDS would represent an additional cost
associated with the new small catcher vessel groundfish CDQ fisheries.
The RFA requires identification of any significant alternatives to
the proposed rule that accomplish the stated objectives of the proposed
action, consistent with applicable statutes, and that would minimize
any significant economic impact of the proposed rule on small entities.
As noted in the IRFA, the proposed action is expected to create a net
benefit for the directly regulated small entities. The benefits of the
proposed action are expected to outweigh the reporting, recordkeeping,
and other compliance costs described in the previous section.
The Council considered a status quo alternative (Alternative 1),
and two action alternatives (Alternatives 2 and 3) to the preferred
alternative (Alternative 4). Neither Alternative 2 nor 3 would have
provided more benefits to the
[[Page 6498]]
directed regulated small entities or reduced reporting, recordkeeping,
or compliance costs more than the preferred alternative that would be
implemented by this proposed rule.
Under Alternative 2, the maximum retainable amount (MRA) of Pacific
cod in the halibut CDQ fisheries would have been increased so the
operators of the small hook-and-line vessels could retain more Pacific
cod when halibut CDQ fishing and still be considered directed fishing
for halibut rather than directed fishing for Pacific cod. Alternative 2
was considered because the more costly LLP license requirements,
observer coverage requirements, and VMS requirements do not apply to
vessels halibut CDQ fishing in the BSAI (except that the VMS
requirements apply to vessels halibut fishing in the Aleutian Islands).
Increasing the MRAs for Pacific cod when halibut CDQ fishing would
allow the small vessels to retain more Pacific cod without triggering
requirements that apply to vessels directed fishing for Pacific cod.
The Council did not select this alternative because the preferred
alternative would accomplish a similar outcome to Alternative 2 without
creating a situation where vessels with the same catch composition were
defined as fishing for halibut in the CDQ fisheries and fishing for
Pacific cod in the non-CDQ fisheries. Alternative 2 would have
increased monitoring and enforcement costs relative to the preferred
alternative.
The Council also considered Alternative 3, which would have created
a new type of LLP license specific to the small CDQ vessels. This
approach was an alternative to providing an exemption to the LLP, as is
proposed in the preferred alternative. However, this alternative would
not necessarily have resulted in a reduction in reporting,
recordkeeping, and compliance costs in comparison to the proposed
action. Issuing a new CDQ LLP license would have required applications
to NMFS and the issuance of a CDQ LLP license with certain conditions.
Alternative 3 would have increased costs relative to the preferred
alternative.
No relevant Federal rules have been identified that would duplicate
or overlap with the proposed action.
Collection-of-Information Requirements
This proposed rule contains collection-of-information requirements
subject to review and approval by the Office of Management and Budget
(OMB) under the Paperwork Reduction Act (PRA). These requirements have
been submitted to OMB for approval. The information collections are
presented by OMB control number. OMB Control No. 0648-0269
Public reporting burden for CDQ Vessel Registration to add or
remove vessels online that are exempt from the LLP license requirements
is estimated to average five minutes per individual response and five
minutes for maintenance of the LLP exemption letter on board a vessel
that is groundfish CDQ fishing. The Groundfish/Halibut CDQ and
Prohibited Species Quota (PSQ) Transfer Request is mentioned in this
proposed rule, but no changes occur in the individual response for each
requirement. OMB Control No. 0648-0318
The Observer Declare and Deploy System (ODDS) is mentioned in this
proposed rule, but the individual response for each requirement is not
changed. OMB Control No. 0648-0334
The individual response for each requirement of the LLP mentioned
in this rule is not changed.
Public comment is sought regarding: Whether this proposed
collection of information is necessary for the proper performance of
the functions of the agency, including whether the information shall
have practical utility; the accuracy of the burden estimate; ways to
enhance the quality, utility, and clarity of the information to be
collected; and ways to minimize the burden of the collection of
information, including through the use of automated collection
techniques or other forms of information technology. Send comments on
these or any other aspects of the collection of information to NMFS at
the ADDRESSES above, and email to [email protected], or fax
to (202) 395-5806.
Notwithstanding any other provision of the 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: February 2, 2016.
Samuel D. Rauch III,
Deputy Assistant Administrator for Regulatory Programs, National Marine
Fisheries Service.
For the 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. 679.4
0
a. In paragraph (k)(2)(iv) remove the words ``license, or'' and add in
their place ``license'' and in paragraph k)(2)(v) remove ``Area'' and
add in its place ``Area, or''.
0
b. Add paragraph (k)(2)(vi):
The addition to read as follows:
Sec. 679.4 Permits.
* * * * *
(k) * * *
(2) * * *
(vi) The operator of a catcher vessel that is greater than 32 ft
(9.8 m) LOA, that does not exceed 46 ft (14.0 m) LOA, and that is
registered by a CDQ group following the procedures described in Sec.
679.5(m) may use hook-and-line gear to conduct groundfish CDQ fishing
without a groundfish license.
* * * * *
Sec. 679.4 [Amended]
0
7. At each of the locations shown in the ``Location'' column, remove
the phrase indicated in the ``Remove'' column and replace it with the
phrase indicated in the ``Add'' column for the number of times
indicated in the ``Frequency'' column.
----------------------------------------------------------------------------------------------------------------
Location Remove Add Frequency
----------------------------------------------------------------------------------------------------------------
Sec. 679.4(k)(2)(iv)................... license; or................ license;................... 1
Sec. 679.4(k)(2)(v).................... Area....................... Area; or................... 1
----------------------------------------------------------------------------------------------------------------
0
3. In Sec. 679.5, add paragraph (m) to read as follows:
Sec. 679.5 Recordkeeping and reporting (R&R).
* * * * *
(m) CDQ Vessel Registration--(1) Registration. The representative
for a CDQ group must register each vessel
[[Page 6499]]
that is to receive the exemption from the LLP license requirements at
Sec. 679.4(k)(2)(vi) through the CDQ vessel registration system
available on the NMFS Alaska Region Web site (http://alaskafisheries.noaa.gov). The CDQ group representative must log into
the CDQ vessel registration system and provide the information required
on the computer screen. NMFS will add each vessel successfully
registered to the CDQ vessel registration list on the NMFS Alaska
Region Web site at http://alaskafisheries.noaa.gov.
(2) Responsibility. The CDQ group representative must successfully
complete vessel registration through the CDQ vessel registration system
before the vessel may be used to conduct groundfish CDQ fishing under
Sec. 679.32(c)(3)(iii) without an LLP license. By using the CDQ
group's NMFS ID and password and submitting the vessel registration
request, the CDQ group representative certifies that all information is
true, correct, and complete.
(3) LLP exemption letter. The CDQ vessel registration system will
provide the CDQ group representative with an LLP exemption letter
documenting that the registered vessel is exempt from the LLP when
groundfish CDQ fishing. The CDQ group representative must provide a
copy of the LLP exemption letter to the operator of the registered
vessel named in the LLP exemption letter. The operator of the
registered vessel named in the LLP exemption letter must maintain a
legible copy of the LLP exemption letter on board the registered vessel
at all times when that vessel is groundfish CDQ fishing.
(4) Removing a vessel from the CDQ vessel registration list. A CDQ
group representative may remove a vessel from the CDQ vessel
registration system by logging into the online system and following the
applicable instructions. A CDQ group representative may remove a
registered vessel from the CDQ vessel registration list at any time but
must certify at the time of removal that the vessel operator had been
given notice by the CDQ group that the vessel is going to be removed
from the list and that the vessel is not groundfish CDQ fishing at the
time of removal. A vessel that is successfully removed from the CDQ
vessel registration list is no longer exempt from the LLP requirements
under Sec. 679.4(k).
* * * * *
0
4. In Sec. 679.7, add paragraphs (d)(8) and (9) to read as follows:
Sec. 679.7 Prohibitions.
* * * * *
(d) * * *
(8) For an operator of a catcher vessel greater than 32 ft (9.8 m)
LOA and less than or equal to 46 ft (14.0 m) LOA using hook-and-line
gear and that is registered by a CDQ group under Sec. 679.5(m), to
conduct groundfish CDQ fishing without a legible copy of the LLP
exemption letter issued to a CDQ group for that vessel on board the
vessel.
(9) For a CDQ group representative, to remove a vessel from the CDQ
vessel registration list under Sec. 679.5(m)(4) without first
providing notice to the operator of the registered vessel that the
vessel is being removed from the CDQ vessel registration list or when
the vessel operator is groundfish CDQ fishing.
* * * * *
0
5. In Sec. 679.32,
0
a. Add a new first sentence to paragraphs (c)(3)(i)(D) and
(c)(3)(ii)(D); and
0
b. Add paragraph (c)(3)(iii) to read as follows:
Sec. 679.32 Groundfish and halibut CDQ catch monitoring.
* * * * *
(c) * * *
(3) * * *
(i) * * *
(D) Observed catcher vessels using nontrawl gear. This paragraph
applies to all observed catcher vessels using nontrawl gear, except
those catcher vessels regulated under paragraph (c)(3)(iii) of this
section.* * *
(ii) * * *
(D) Observed catcher vessels using nontrawl gear. This paragraph
applies to all observed catcher vessels using nontrawl gear, except
those catcher vessels regulated under paragraph (c)(3)(iii) of this
section.* * *
(iii) Groundfish CDQ fishing by catcher vessels less than or equal
to 46 ft LOA using hook-and-line gear--(A) Applicability. Regulations
in this paragraph apply to the operators of catcher vessels less than
or equal to 46 ft (14.0 m) LOA using hook-and-line gear when groundfish
CDQ fishing and to the CDQ groups authorizing the operators of these
vessels to harvest groundfish CDQ or halibut CDQ.
(B) Halibut CDQ or halibut IFQ. If any halibut CDQ or halibut IFQ
are retained during a fishing trip on board a vessel described in
paragraph (c)(3)(iii)(A) of this section, the following requirements
apply:
(1) The vessel operator must retain all legal-size halibut caught
during that entire fishing trip.
(2) The vessel operator must have sufficient halibut IFQ or halibut
CDQ available to account for the catch of all legal-size halibut caught
during the entire fishing trip.
(3) If the vessel operator is relying on halibut CDQ from a CDQ
group to support the retained catch of legal-size halibut during a
fishing trip, the CDQ group must provide adequate halibut CDQ to this
vessel operator to account for all of the legal-size halibut caught by
the vessel during the entire fishing trip.
(C) Halibut PSC. If halibut CDQ or halibut IFQ are not retained
during a fishing trip on board a vessel described in paragraph
(c)(3)(iii)(A) of this section, the following requirements apply:
(1) The vessel operator must discard all halibut caught during the
fishing trip.
(2) Small catcher vessel halibut PSC limit. The CDQ group
representative may transfer halibut from a CDQ group's halibut PSQ to
its small catcher vessel halibut PSC limit. To do so, the CDQ
representative must submit a transfer request using the procedures
described in Sec. 679.5(n). In reviewing a request to transfer halibut
PSQ to a CDQ group's small catcher vessel halibut PSC limit, NMFS will
consider whether the amount of halibut to be transferred to the small
catcher vessel halibut PSC limit is sufficient to support groundfish
CDQ fishing by the catcher vessels that the CDQ group plans to
authorize to conduct groundfish CDQ fishing. The transfer is not
effective until approved by NMFS. The CDQ group representative also may
transfer halibut from a CDQ group's small catcher vessel halibut PSC
limit back to its halibut PSQ by submitting a transfer request using
the procedures described in Sec. 679.5(n). In reviewing a request to
transfer halibut from the small catcher vessel halibut PSC limit back
to the CDQ group's halibut PSQ, NMFS will consider the status of CDQ
fisheries through the end of the year and anticipated halibut PSC rates
for any remaining groundfish CDQ fishing by vessels managed under the
small catcher vessel halibut PSC limit for the requesting CDQ group.
(3) Fishery closures. Directed fishing for groundfish CDQ, except
sablefish CDQ managed under paragraph (c)(1) of this section, by
catcher vessels less than or equal to 46 ft LOA using hook-and-line
gear is prohibited unless the Regional Administrator publishes
notification in the Federal Register authorizing such directed fishing.
In deciding whether to authorize directed fishing, NMFS will consider
whether a CDQ group has sufficient halibut in its small catcher vessel
halibut PSC limit to support directed fishing for groundfish CDQ by
these catcher vessels. Upon determining that a CDQ group's small
[[Page 6500]]
catcher vessel halibut PSC limit has been or will be reached, the
Regional Administrator will publish notification in the Federal
Register prohibiting directed fishing for all groundfish CDQ species,
except sablefish CDQ, by catcher vessels less than or equal to 46 ft
LOA using hook-and-line gear fishing for that CDQ group. If the
estimated halibut PSC by vessels described in paragraph (c)(3)(iii)(A)
of this section exceeds the balance of the small catcher vessel halibut
PSC limit on December 31 of any year, and if the CDQ group has
remaining halibut PSQ on that date, NMFS will transfer an amount of
halibut PSQ into the CDQ group's small catcher vessel halibut PSC limit
to bring the balance of the small catcher vessel halibut PSC limit to
zero. NMFS will make the determination about whether such an
administrative transfer is necessary after data from the fishing year
is finalized.
* * * * *
0
6. In Sec. 679.51:
0
a. Remove Sec. 679.51 introductory text and paragraph (f);
0
b. Add paragraph (a)(1)(i)(D); and
0
c. Revise paragraph (a)(2)(i)(C)(2) to read as follows:
Sec. 679.51 Observer requirements for vessels and plants.
(a) * * *
(1) * * *
(i) * * *
(D) A catcher vessel less than or equal to 46 ft LOA using hook-
and-line gear when groundfish CDQ fishing under Sec.
679.32(c)(3)(iii).
* * * * *
(2) * * *
(i) * * *
(C) * * *
(2) Using trawl gear or hook-and-line gear when groundfish CDQ
fishing (see Sec. 679.2), except for catcher vessels less than or
equal to 46 ft LOA using hook-and-line gear when groundfish CDQ fishing
under Sec. 679.32(c)(3)(iii); or
* * * * *
[FR Doc. 2016-02319 Filed 2-5-16; 8:45 am]
BILLING CODE 3510-22-P