[Federal Register Volume 83, Number 159 (Thursday, August 16, 2018)]
[Proposed Rules]
[Pages 40733-40743]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-17538]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Parts 679 and 680
[Docket No. 180327320-8320-01]
RIN 0648-BH88
Fisheries of the Exclusive Economic Zone Off Alaska; Prohibit
Directed Fishing for American Fisheries Act Program and Crab
Rationalization Program Groundfish Sideboard Limits in the BSAI and GOA
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 proposes regulations to modify management of the American
Fisheries Act (AFA) Program and Crab Rationalization (CR) Program. This
proposed rule has two related actions. The first action would modify
regulations for AFA Program and CR Program vessels subject to limits on
the catch of specific species (sideboard limits) in the Bering Sea and
Aleutian Islands (BSAI) Management Area and Gulf of Alaska (GOA)
Management Area. The second action would remove the requirement for the
designated representatives of AFA inshore cooperatives to submit a
weekly catch report. This proposed rule is intended to reduce
administrative burdens associated with managing sideboard limits
through annual harvest specifications, although it would not change
NMFS's inseason management of sideboard limits and reduce reporting
burdens for the designated representatives and members of AFA inshore
cooperatives.
DATES: Comments must be received no later than September 17, 2018.
ADDRESSES: Submit your comments, identified by NOAA-NMFS-2018-0045, by
either of the following methods:
Federal e-Rulemaking Portal. Go to www.regulations.gov/#!docketDetail;D=NOAA-NMFS-2018-0045, 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.
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 (the
``Analysis'') prepared for this proposed rule may be obtained from
www.regulations.gov.
Written comments regarding the burden-hour estimates or other
aspects of the collection-of-information requirements contained in this
rule may be submitted by mail to NMFS at the above address; and to OIRA
by email to [email protected] or by fax to (202) 395-5806.
FOR FURTHER INFORMATION CONTACT: Obren Davis, (907) 586-7228.
SUPPLEMENTARY INFORMATION:
Authority for Action
NMFS manages the groundfish fisheries in the exclusive economic
zone of the BSAI and Gulf of Alaska (GOA) under the Fishery Management
Plan for Groundfish of the Bering Sea and Aleutian Islands Management
Area (BSAI FMP), and the Fishery Management Plan for Groundfish of the
Gulf of Alaska (GOA FMP). NMFS manages vessels subject to specific
limitations on the catch of specific species or species groups
(sideboard limits) under the AFA Program under the BSAI and GOA FMPs,
and NMFS manages vessels and License Limitation Program (LLP) licenses
subject to sideboard limits under the CR Program under the Fishery
Management Plan for Bering Sea/Aleutian Islands King and Tanner Crabs
(Crab FMP). The North Pacific Fishery Management Council (Council)
prepared these FMPs under the authority of the Magnuson-Stevens Fishery
Conservation and Management Act (Magnuson-Stevens Act), 16 U.S.C. 1801
et seq. Regulations implementing the BSAI and GOA FMPs are located at
50 CFR part 679. Regulations implementing the Crab FMP are located at
50 CFR part 680. General regulations governing U.S. fisheries also
appear at 50 CFR part 600.
Background
This proposed rule includes two related actions. The first action
would revise regulations at Sec. 679.64 and Sec. 680.22 for sideboard
limits that apply to two categories of vessels that operate in the BSAI
or GOA: (1) AFA catcher/processors (C/Ps) listed in regulation at Sec.
679.4(l)(2)(i) (described as AFA C/Ps in this proposed rule), and AFA
catcher vessels (CVs) permitted to harvest Bering Sea pollock as
established in regulation at Sec. 679.4(l)(3); and (2) vessels and LLP
licenses subject to sideboard restrictions in the GOA based on criteria
as established in regulation at Sec. 680.22(a) under the CR Program.
This first action would prohibit directed fishing for groundfish
species or species groups that are subject to sideboard limits that are
not large enough to support directed fishing as that term is defined at
Sec. 679.2. In addition, under the first action, this proposed rule
would remove a sideboard limit at Sec. 679.64(a)(1)(ii)(B) for AFA C/
Ps in one management area (Central Aleutian Islands (AI)) for one
species (Atka mackerel) that is currently subject to a more restrictive
limit under existing regulations at 50 CFR 679.91(c)(2)(ii) and Table
33 to 50 CFR part 679.
The first action under this proposed rule is necessary to
streamline and simplify NMFS's management of applicable groundfish
sideboard limits. NMFS calculates numerous AFA Program and CR Program
sideboard limits as part of the annual BSAI and GOA harvest
specifications process and publishes these limits in the Federal
Register. Concurrently, NMFS prohibits directed fishing for the
majority of the groundfish subject to these sideboard limits because
most sideboard limits are too small each year to support directed
fishing. The most recent example of the annual BSAI and GOA harvest
specifications with the AFA Program and CR Program sideboard limits can
be found at 83 FR 8365, February 27, 2018, for the BSAI, and at 83 FR
8768, March 1, 2018, for the GOA. Rather than continue this annual
process of calculating all sideboard limits and then closing most to
directed fishing, the first action of this proposed rule would revise
regulations to prohibit directed fishing by non-exempt AFA Program and
CR Program vessels for those groundfish species and species groups
subject to sideboard limits if those species or species groups have not
been opened to directed fishing or are not expected to be opened to
directed fishing in the foreseeable future (see Section 2.7 of the
Analysis for additional detail on the management of AFA Program and CR
Program sideboard limits). Also, NMFS would cease calculating and
publishing each
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year the relevant sideboard limits and their corresponding directed
fishing prohibitions in the BSAI and GOA groundfish harvest
specifications.
The second action of this proposed rule would remove the
requirement for the designated representatives of AFA inshore
cooperatives (described later in this preamble) to submit a weekly
catch report described in regulation at Sec. Sec. 679.5(o) and
679.62(b)(3). NMFS proposes to remove this requirement because the
information in the weekly catch report is collected by NMFS through
other recordkeeping and reporting requirements, and this weekly catch
report is no longer necessary for NMFS to manage the AFA inshore
pollock allocations.
This first action of this proposed rule was initiated after the
Council received a report on the AFA Program in October 2016. As part
of the review, NMFS identified potential improvements in the management
of the AFA Program by streamlining and simplifying the management of
the sideboard limits included under the AFA: NMFS recommended revising
regulations to prohibit directed fishing by AFA vessels for those
species or species groups (and any future break-out or combination of
these species) where the sideboard limits are not large enough to
support directed fishing and would not be large enough in the
foreseeable future to support directed fishing. During subsequent
review of this proposed action, NMFS expanded the scope of the review
to include an analysis of revising regulations to prohibit crab vessels
in the CR Program from directed fishing in the GOA for those species
with sideboard limits that are not large enough to support directed
fishing and would not be large enough in the foreseeable future to
support directed fishing. At its February 2018 meeting, the Council
selected Alternative 2 and Option 1 as its preferred recommendation to
the Secretary of Commerce. The Council's recommendation, implemented
through this proposed rule, would prohibit directed fishing by
regulation for all species or species groups with insufficient
sideboard limits for directed fishing by vessels in both AFA and CR
Programs, and would remove from regulation the sideboard limit on AFA
C/Ps for Central AI Atka mackerel harvest because the harvest of
Central AI Atka mackerel by AFA C/Ps is constrained by other, existing
regulations.
The following discussion summarizes groundfish sideboard limits,
the AFA Program and AFA sideboard limits, the CR Program and CR Program
sideboard limits, the annual harvest specifications process and the
management of AFA Program and CR Program sideboard limits through that
annual process, AFA Inshore Cooperative reporting requirements, and
this proposed rule.
Groundfish Sideboard Limits
The Council and NMFS generally establish catch limits, commonly
called sideboard limits, when implementing Limited Access Privilege
Programs (LAPP). The term ``Limited Access Privilege'' is defined in
section 3(26) of the Magnuson-Stevens Act (16 U.S.C. 1802). Sideboard
limits are intended to prevent participants who benefit from receiving
exclusive harvesting privileges in a LAPP from shifting effort into
other fisheries. Sideboard limits establish limits on the annual amount
of a particular groundfish total allowable catch (TAC) limit or
prohibited species catch (PSC) limit that is available for participants
in a given LAPP.
The AFA Program and AFA Program Sideboard Limits
The Bering Sea pollock fishery is managed under the authority of
the AFA (16 U.S.C. 1851 note) and the Magnuson-Stevens Act. The AFA
Program is a LAPP that established in the Bering Sea pollock fishery
directed fishing allocations to an inshore and an offshore component
(commonly called the inshore and offshore sectors). The AFA also
determined eligible vessels and processors in the Bering Sea pollock
fishery; allowed the formation of cooperatives of catcher vessels in
association with specific processors in the inshore sector; established
sideboard limits; and imposed special catch weighing and monitoring
requirements on AFA C/Ps. The AFA was implemented by Amendment 61 to
the BSAI FMP, Amendment 61 to the GOA FMP, Amendment 13 to the Crab
FMP, and Amendment 8 to the Fishery Management Plan for the Scallop
Fishery off Alaska (67 FR 79692; December 30, 2002). The final rule
implementing the AFA (67 FR 79692, December 30, 2002) and Section 2.7.1
of the Analysis describe the AFA Program in detail and the basis for
the sideboard limits established under the AFA Program.
The final rule implementing the AFA established several different
types of sideboard limits for vessels that are authorized to harvest
pollock in the Bering Sea. These sideboard limits were established to
protect the interests of fishermen and processors who do not directly
benefit from the AFA from those fishermen and processors who received
exclusive harvesting and processing privileges under the AFA.
Essentially, the AFA Program sideboard limits protect non-AFA fishermen
and processors by restricting the ability of AFA pollock fishermen and
processors to target non-pollock groundfish species and species groups.
Some of these sideboard limits were implemented through directed
fishing closures in regulations, such as setting the Atka mackerel
harvest limit to zero in the Bering Sea subarea and Eastern AI (Sec.
679.64(a)(1)(ii)(A)). Others were implemented through sideboard limits
established through the annual harvest specifications process, which is
described later in this preamble.
Section 679.7(k)(1)(ii) prohibits listed AFA C/Ps from harvesting
any species of fish in the GOA. Section 679.64(a)(1) establishes
sideboard limits for AFA C/Ps for Aleutian Islands Pacific ocean perch
(Sec. 679.64(a)(1)(i)); Atka mackerel (Sec. 679.64(a)(1)(ii));
flathead sole, rock sole, and yellowfin sole (Sec. 679.64(a)(1)(iii));
and for the remaining groundfish species (Sec. 679.64(a)(1)(iv)).
Section 679.64(a)(1)(v) establishes an exemption to sideboard limits
for AFA C/Ps for yellowfin sole under specific TAC conditions. Section
679.64(a)(2) establishes specific sideboard limits for Pacific halibut
and crab incidentally harvested by AFA C/Ps while fishing for
groundfish in the BSAI. The methodologies used to assign sideboard
limits for these species vary and are described in Sec. 679.64(a).
Section 679.64(a)(1)(ii)(B) establishes a sideboard limit for
Central AI (also referred to as Area 542 in regulation) Atka mackerel
that is equal to 11.5 percent of the annual TAC for Atka mackerel. In
2007, NMFS implemented the Amendment 80 Program (72 FR 52668, September
14, 2007). The Amendment 80 Program modified the management of several
non-pollock species in the BSAI that are subject to sideboard limits
under the AFA Program. Under regulations that implemented the Amendment
80 Program, no more than 10 percent of the Central AI Atka mackerel TAC
may be harvested by vessels other than Amendment 80 vessels, which are
designated as the BSAI trawl limited access sector and include AFA C/Ps
(Sec. 679.91(c)(2)(ii) and Table 33 to 50 CFR part 679). Therefore the
maximum amount of the Central AI Atka mackerel TAC available to AFA C/
Ps under regulations implementing Amendment 80 (10 percent) is less
than the sideboard limit established for AFA C/Ps when the AFA Program
was implemented in 2000 (11.5 percent). By constraining the AFA C/Ps
directed
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fishing for Central AI Atka mackerel, the more restrictive allocation
of TAC under the Amendment 80 Program is, effectively, a conservation
and management measure that operates similar to the larger sideboard
limit established for Central AI Atka mackerel under the AFA groundfish
sideboard regulations. Additional detail on the Amendment 80 Program is
provided in the final rule for that program (72 FR 52668, September 14,
2007).
Section 679.64(b) establishes sideboard limits for AFA CVs. Section
679.64(b)(3)(i) through (iii) establishes sideboard limits for
groundfish in the BSAI using a variety of methods that depend on the
species (e.g., the method for calculating the sideboard limit for BSAI
Pacific cod differs from yellowfin sole). These methods are described
at Sec. 679.64(b)(3)(i) for BSAI groundfish other than Amendment 80
species; at Sec. 679.64(b)(3)(ii) for BSAI Pacific cod; and at Sec.
679.64(b)(3)(iii) for Amendment 80 species other than Pacific cod.
Section 679.64(b)(3)(iv) establishes sideboard limits for AFA CVs for
groundfish species in the GOA. The final rule implementing the AFA
Program provides additional information on the management of sideboard
limits for AFA CVs (67 FR 79692, December 30, 2002).
Section 679.64(b)(2) exempts specific AFA CVs from sideboard limits
in the BSAI (Sec. 679.64(b)(2)(i)) and the GOA (Sec.
679.64(b)(2)(ii)) based on criteria described in Sec. 679.64(b)(2).
These exemptions are intended to provide opportunities for vessels that
have historically fished in the BSAI or GOA for species other than
pollock, but that also have some limited participation in the Bering
Sea pollock fisheries. This proposed rule would not affect the
management of exempt AFA catcher vessels.
The CR Program and CR Program Sideboard Limits
The CR Program is a LAPP that allocates nine BSAI crab species
among harvesters, processors, and coastal communities. Participants in
the CR Program receive exclusive harvesting and processing privileges
for a portion of the annual TAC established for each crab fishery under
the CR Program. The final rule implementing the CR Program describes
the different elements of the program, including groundfish sideboard
limits in the GOA for vessels and LLP licenses that received
allocations of exclusive harvesting privileges (quota share) under the
CR Program (70 FR 10174, March 2, 2005). These sideboard limits were
developed to protect participants in other non-CR Program groundfish
fisheries from increased participation by CR Program vessels in the
GOA, as discussed in Section 2.7.2 of the Analysis. Essentially, the CR
Program sideboard limits protect non-CR Program participants by
restricting the ability of CR Program participants to target non-crab
fisheries (i.e., GOA groundfish fisheries).
CR Program sideboard limits are established for a variety of
species and species groups and gear types, including pot, hook-and-
line, jig, and trawl gear. CR Program sideboard limits are only
applicable in the GOA. Section 680.22 establishes groundfish sideboard
limits for vessels and LLP licenses with a history of participation in
the Bering Sea snow crab (Chionoecetes opilio) fishery. Sideboard
harvest limits restrict these vessels' catch to their collective
historical landings in each GOA groundfish fishery. Sideboard limits
also apply to landings made using an LLP license derived from the
history of a restricted vessel, even if that LLP license is used on
another vessel. CR Program sideboard limits do not apply to AFA catcher
vessels because these vessels already are subject to GOA sideboard
limits under the AFA Program.
Various final rules implementing provisions of the CR Program
describe the basis for these sideboard harvest limits. These final
rules include Amendments 18 and 19 to the Crab FMP (70 FR 10174, March
2, 2005), Amendment 34 to the Crab FMP (76 FR 35772, June 20, 2011),
Amendment 83 to the GOA FMP (76 FR 74670, December 1, 2011), and
Amendment 45 to the Crab FMP (80 FR 28539, May 19, 2015).
Annual Harvest Specifications Process and the Management of AFA Program
and CR Program Sideboard Limits
NMFS establishes the overfishing level, acceptable biological catch
(ABC), and TAC for each species or species group through the annual
groundfish harvest specifications process. NMFS allows vessels to
retain incidental catch of species (if the TAC has not been reached)
taken in other directed fisheries that are open, up to the maximum
retainable amount (MRA) allowed in regulation (Sec. 679.20(e)). If a
species is closed to directed fishing, and the TAC for that species is
reached, NMFS prohibits retention of that species, and all catch of
that species must be discarded. A MRA is calculated as a percentage of
the retained amount of a species that is closed to directed fishing,
relative to the retained amount of basis species or species groups open
to directed fishing. Amounts that are caught greater than a particular
MRA percentage must be discarded.
In the annual harvest specifications, NMFS calculates sideboard
limits for the AFA Program and the CR Program fisheries by multiplying
a fixed ratio against the annual TAC or portion of the TAC for each
BSAI and GOA groundfish species or species group. These ratios are
derived based on the specific regulations described earlier in this
preamble. The annual sideboard limit for most BSAI and GOA groundfish
species is an amount that is much smaller than the overall TAC for each
species. For the most recent example of the annual groundfish harvest
specifications and associated AFA Program and CR Program sideboard
limits, see the final 2018 and 2019 harvest specifications for the BSAI
and GOA (83 FR 8365, February 27, 2018, and 83 FR 8768, March 1, 2018,
respectively).
Consistent with regulations at Sec. Sec. 679.64 and 680.22, NMFS
manages the AFA Program and CR Program sideboard limits by establishing
directed fishing closures for a species or species group subject to a
sideboard limit. This closure could happen during the fishing year if a
particular sideboard limit is reached. Alternatively, NMFS may issue a
directed fishing closure in the harvest specifications prior to the
fishing year, if the sideboard limit is not sufficient to support
directed fishing for a species or species group. NMFS has prohibited
directed fishing for the majority of AFA CV and C/P sideboard limits
since the initial implementation of the AFA Program implementation in
2000 (65 FR 4520, January 28, 2000). NMFS also has prohibited directed
fishing for the majority of CR Program sideboard limits in the GOA
since CR Program was implemented in 2006. Directed fishing prohibitions
have been issued because the sideboard limits for most species were
insufficient to provide for both directed fishing of a species and
incidental catch of that same species in other target fisheries.
Section 2.7.1 of the Analysis describes the groundfish species
subject to AFA CV and C/P sideboard limits that have been closed to
directed fishing each year in the annual harvest specifications, and
the limited number of groundfish species that have sideboard limits
that have been sufficiently large to allow for directed fishing.
Section 2.7.2 of the Analysis describes the groundfish species in the
GOA subject to CR Program sideboard limits that have been closed to
directed fishing each year in the annual harvest specifications, and
the one groundfish species (Pacific cod)
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and gear type (pot) that has sideboard limits that have been
sufficiently large to allow for directed fishing.
AFA Inshore Cooperative Weekly Catch Report Requirements
In addition to the Council's recommendations for proposed revisions
to AFA Program and CR Program sideboard limits, NMFS also proposes to
remove the requirement for the designated representatives of AFA
inshore cooperatives to submit a weekly catch report described in
regulation at Sec. Sec. 679.5(o) and 679.62(b)(3) because this report
is no longer necessary to manage the AFA inshore pollock allocations.
NMFS obtains the necessary information required on the AFA inshore
cooperative weekly report through other reporting requirements at Sec.
679.5(e). Removing this reporting requirement would reduce costs for
the public to prepare and submit the weekly reports and for NMFS to
review and process those weekly reports.
Proposed Rule
Action 1: Establishing Sideboard Limits in Regulation
Under Action 1, NMFS would no longer publish AFA Program or CR
Program sideboard amounts for specific species or species groups in the
Federal Register as part of the annual groundfish harvest
specifications, but would specify in regulation those species with
sideboard limits that are subject to a directed fishing closure.
Specification through regulation of these directed fishing closures
will streamline and simplify NMFS's management of these applicable
groundfish sideboard limits. NMFS would no longer need to calculate the
applicable sideboard limits, prepare the necessary tables, and publish
those sideboard limits and their corresponding directed fishing
prohibitions each year in the BSAI and GOA groundfish harvest
specifications. This will reduce staff time and annual costs to prepare
and publish the BSAI and GOA groundfish harvest specifications.
This proposed rule would not modify the ability of sideboard-
restricted vessels to retain incidental catch of species closed to
directed fishing while targeting other species. Vessels are allowed to
retain incidental catch of species up to the MRA if the TAC of that
species has not been reached, and once the TAC is reached, all
retention of that species is prohibited. The regulations governing
incidental catch, MRAs, and PSC status apply when a species is closed
to directed fishing, whether closed to directed fishing through the
annual BSAI and GOA harvest specifications or through a specific
regulation. Accordingly, under this proposed rule, sideboard restricted
vessels will remain subject to the same regulations governing the
incidental catch of species or species groups with sideboard limits
that are closed to directed fishing, and this proposed rule would not
change NMFS's inseason management of sideboard limits. Moreover, the
proposed approach that continues directed fishing closures for
sideboard limits for AFA and CR Program vessels would continue to
protect non-AFA and non-CR Program participants in other fisheries, in
accordance with the original intent of creating sideboard limits (see
Section 2.7.1 and 2.7.2 of the Analysis).
This proposed rule would affect the sideboard limits for AFA CVs in
the BSAI, AFA CVs in the GOA, AFA C/Ps in the BSAI, and non-AFA crab
vessels in the GOA. For AFA CVs fishing in the BSAI, NMFS sets
sideboard limits for 16 different groundfish species or species groups;
however, in the annual harvest specifications, NMFS has closed most
sideboard species to directed fishing by AFA CVs. Often, the sideboard
amounts for these species are insufficient to support a directed
fishery by the AFA CVs that are subject to the sideboard limit. Also,
some sideboard species are not opened to AFA CVs for directed fishing
because the species is fully allocated to the Amendment 80 Program
(e.g., flathead sole, rock sole) or because there are no PSC sideboard
limits apportioned to support directed fishing (e.g., Greenland turbot,
arrowtooth flounder, Kamchatka flounder). A list of BSAI species or
species groups with sideboard limits that are proposed to be closed in
regulation to directed fishing by AFA CVs is provided in Table 2-5 of
the Analysis. In the BSAI, AFA CVs have historically targeted two
sideboard-limited species (Pacific cod and yellowfin sole), and this
proposed rule would not change the management of those sideboard
fisheries that have opened for directed fishing in the past and that
likely would continue to support a directed fishery for those species
and for certain gear types for Pacific cod (see Table 2-6 of the
Analysis).
Similarly, for AFA CVs fishing in the GOA, NMFS sets sideboard
limits for different groundfish species or species groups, and through
the harvest specifications NMFS closes many of those sideboard species
to directed fishing by AFA CVs. In the GOA, many of the sideboards
amounts cannot support a directed fishery by the AFA CVs that are
subject to the sideboard limits. A list of the GOA species or species
groups with sideboard limits that are proposed to be closed in
regulation to directed fishing by AFA CVs is provided in Table 2-7 of
the Analysis, while Table 2-8 of the Analysis lists those sideboard
limits that will remain open to directed fishing because the sideboard
limits for those species have been sufficient and likely will remain
sufficient to support a directed fishery by AFA CVs.
For AFA C/Ps in the BSAI, many of the BSAI groundfish harvesting
sideboards are also not open for directed fishing, for reasons similar
to the management of AFA CVs in the BSAI. First, many of the sideboard
limits are insufficient to support a directed fishery by the AFA C/Ps
that are subject to the sideboard limit. In addition, some sideboards
for AFA C/Ps are not available for directed fishing because the species
is fully allocated to the Amendment 80 Program (e.g., flathead sole,
rock sole, Western AI Atka mackerel) or because there are no PSC limits
apportioned to support directed fishing. A list of the BSAI species or
species groups with sideboard limits that are proposed to be closed in
regulation to directed fishing by AFA C/Ps is provided in Table 2-9 of
the Analysis, while Table 2-10 of the Analysis lists those sideboard
limits that will remain open to directed fishing because the sideboard
limits for those species have been sufficient and likely will remain
sufficient to support a directed fishery by AFA C/Ps.
As explained earlier, the CR Program regulations establish
sideboard limits to restrict the ability of non-AFA crab vessels to
target groundfish species and species groups in the GOA. Since
implementation of the CR Program sideboard limits in 2006, the only
sideboard limits large enough to support directed fishing have been the
Western and Central GOA Pacific cod pot catcher vessel sideboard
limits, and in some years the Western GOA Pacific cod pot catcher/
processor sideboard limit. All other sideboard limits have been closed
for directed fishing because they are not sufficient to provide for a
directed fishery by crab vessels. A list of the GOA sideboard limits
that would be replaced with a prohibition on directed fishing is
provided in Table 2-11 of the Analysis, while Table 2-12 shows
sideboard limits for those Western and Central GOA Pacific cod pot
catcher vessels that would not be affected by the proposed action and
that likely would remain open for directed fishing.
In both the BSAI and GOA, many of the sideboard limits are not
large
[[Page 40737]]
enough to support a directed fishery by AFA CVs and C/Ps and crab
vessels, which means that NMFS cannot actively manage those fisheries
to ensure a timely closure and prevent retention in excess of the TAC
set for that year. It is highly unlikely that the TACs of any of the
sideboard species would increase significantly enough in the
foreseeable future to result in a large enough sideboard limit to allow
directed fishing of the sideboard allowance. Because factors such as
TAC are not likely to change significantly enough to provide AFA
vessels and crab vessels with groundfish sideboard limits sufficient to
support a directed fishery, NMFS has determined it would be more
efficient to close those sideboard limits to directed fishing in
regulation, rather than continuing to specify those sideboard limits
and close them to directed fishing every year through the annual
harvest specifications.
Accordingly, under Action 1, this proposed rule would implement the
Council's recommendation (Option 1 to Alternative 2, the preferred
alternative) to:
Prohibit directed fishing for most AFA Program and CR
Program groundfish sideboard limits by adding Tables 54, 55, and 56 to
50 CFR part 679 to list the AFA Program sideboard species prohibited to
directed fishing; and by adding Table 11 to 50 CFR part 680 to list the
CR Program sideboard species prohibited to directed fishing;
remove a regulation (Sec. 679.64(a)(1)(ii)(B))
establishing the annual Central AI Atka mackerel sideboard limit for
AFA C/Ps; and
make other minor regulatory amendments necessary to
establish directed fishery closures for specific species and species
groups in regulation.
This proposed rule would revise Sec. 679.20(d) by adding a new
paragraph to prohibit directed fishing for the species sideboard limits
listed in proposed Tables 54, 55, and 56 to 50 CFR part 679. Existing
regulations associated with establishing sideboard directed fishing
allowances would be retained, as they are needed for those species or
species groups that would continue to have sideboard limits established
through the annual harvest specifications. In addition, Sec.
679.64(a)(3) would be revised to add a paragraph describing that
proposed Table 54 to 50 CFR part 679 contains the BSAI species or
species groups prohibited for directed fishing by AFA C/Ps. Similarly,
Sec. 679.64(b)(5) would be revised to add a paragraph that describes
proposed Tables 55 and 56 to 50 CFR part 679. These two tables list the
species or species groups for which directed fishing by AFA CVs is
prohibited in the BSAI and GOA, respectively.
Regarding the Central AI Atka mackerel sideboard limit for AFA C/
Ps, this proposed rule would remove Sec. 679.64(a)(1)(ii)(B). That
regulation specifies the AFA C/Ps Central AI Atka mackerel sideboard
limit of 11.5 percent of the annual Central AI TAC, which is based on
the sideboard limit set forth in Section 211(b)(2)(C)(i)) of the AFA.
However, since the implementation of the Amendment 80 Program in 2008,
the percentage of the initial TAC for the sector in which AFA C/Ps are
authorized to participate (the BSAI trawl limited access sector) is
only 10 percent. Therefore, the maximum amount of the Central AI Atka
mackerel TAC available to AFA C/Ps under regulations implementing
Amendment 80 (10 percent) is less than the sideboard limit established
for AFA C/Ps when the AFA Program was implemented in 2000 (11.5
percent). Since the BSAI trawl limited access sector allocation is less
than the sideboard limit, the sideboard limit no longer constrains AFA
C/Ps. NMFS believes that the proposed revision to remove the regulation
that specifies the sideboard limit for Central AI Atka mackerel for AFA
C/Ps is consistent with Section 211 of the AFA. Section 211(a) of the
AFA allows the Council to recommend, and NMFS to approve, conservation
and management measures necessary to protect other fisheries from the
adverse impacts caused by the AFA. The current allocation of Atka
mackerel available to AFA C/Ps (10 percent of the TAC) is effectively a
conservation and management measure that protects participants in other
non-AFA fisheries by limiting the amount of Atka mackerel that AFA C/Ps
can potentially harvest to less than 11.5 percent of the TAC available
to AFA C/Ps under the existing sideboard limit established under
Section 211(b)(2)(C)(i) of the AFA. Under the proposed rule, NMFS would
no longer specify the AFA C/P sideboard limit for Central AI Atka
mackerel; however, that fishery would remain open to directed fishing,
and AFA C/Ps as part of the BSAI trawl limited access sector would
remain constrained under existing regulations to harvesting up to the
10 percent of the allocation to the BSAI trawl limited access sector
(50 CFR 679.91(c)(2)(ii) and Table 33 to 50 CFR part 679).
For the CR Program sideboard limits, this proposed rule would
revise Sec. 680.22(e) to describe the permanent prohibition for
directed fishing for most GOA groundfish species by non-AFA crab
vessels in the GOA. This paragraph would include a reference to
proposed Table 11 to 50 CFR part 680, which lists the species or
species groups for which directed fishing for sideboard limits is
prohibited.
Action 2: Removal of the AFA Inshore Cooperative Catch Report From
Regulation
In addition to the Council's recommendation for revising the
management of AFA Program and CR Program sideboard limits, NMFS also
proposes to remove the requirements for the AFA inshore cooperative
weekly catch report described in regulations at Sec. Sec. 679.5(o) and
679.62(b)(3). This report is no longer necessary to manage the AFA
inshore pollock allocations. NMFS has direct and immediate access to
observer and landings data to track catch by the cooperatives and does
not need the information submitted by the cooperatives to monitor the
Bering Sea pollock fisheries. Eliminating this weekly reporting
requirement will reduce the burden on the designated representatives of
AFA inshore cooperatives to prepare and submit these reports to NMFS
weekly, will reduce costs to the members of the AFA inshore
cooperatives to pay for the preparation and submission of these weekly
reports, and will reduce the time and costs that NMFS incurs in
processing and reviewing the weekly reports.
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 the BSAI FMP, the GOA FMP, the Crab
FMP, other provisions of the Magnuson-Stevens Act, and other applicable
law, subject to further consideration of comments received during the
public comment period.
This proposed rule has been determined to be not significant for
the purposes of Executive Order 12866.
Regulatory Impact Review (RIR)
An RIR was prepared to assess the costs and benefits of available
regulatory alternatives. A copy of this analysis is available from NMFS
(see ADDRESSES). The Council recommended the regulatory revisions in
this proposed rule based on those measures that maximized net benefits
to the Nation. Specific aspects of the economic analysis related to the
impact of this proposed rule on small entities are discussed below in
the Initial Regulatory Flexibility Analysis section.
[[Page 40738]]
Initial Regulatory Flexibility Analysis (IRFA)
This IRFA was prepared for this proposed rule, as required by
section 603 of the Regulatory Flexibility Act (RFA) (5 U.S.C. 603), to
describe the economic impact this proposed rule, if adopted, would have
on small entities. An IRFA describes why this action is being proposed;
the objectives and legal basis for the proposed rule; the number of
small entities to which the proposed rule would apply; any projected
reporting, recordkeeping, or other compliance requirements of the
proposed rule; any overlapping, duplicative, or conflicting Federal
rules; and any significant alternatives to the proposed rule that would
accomplish the stated objectives, consistent with applicable statutes,
and that would minimize any significant adverse economic impacts of the
proposed rule on small entities. Descriptions of this proposed rule,
its purpose, and the legal basis are contained earlier in this preamble
and are not repeated here.
Number and Description of Small Entities Regulated by This Proposed
Rule
NMFS has determined that vessels that are members of a fishing
cooperative are affiliated when classifying them for the RFA analyses.
In making this determination, NMFS considered the Small Business
Administration's (SBA) ``principles of affiliation'' at 13 CFR 121.103.
Specifically, in Sec. 121.103(f), SBA refers to ``[a]ffiliation based
on identity of interest,'' which states affiliation may arise among two
or more persons with an identity of interest. Individuals or firms that
have identical or substantially identical business or economic
interests (such as family members, individuals or firms with common
investments, or firms that are economically dependent through
contractual or other relationships) may be treated as one party with
such interests aggregated. If business entities are affiliated, then
the threshold for identifying small entities is applied to the group of
affiliated entities rather than on an individual entity basis.
There are 93 active AFA catcher vessels that are restricted by
sideboard limits in the BSAI and GOA, 17 active catcher/processors that
are restricted by sideboard limits in the BSAI, and 95 CR Program
active catcher vessels that are restricted by sideboard limits in the
GOA. These vessels are members of an AFA cooperative for Bering Sea
pollock or a Bering Sea Crab Cooperative and are therefore considered
to be large entities via their cooperative affiliation. Other than
these vessels, there are 18 vessels that are restricted by sideboard
limits in the BSAI and GOA and that are not members of an AFA or crab
cooperative. These 18 vessels may be considered small entities under
the RFA because they likely have combined annual gross receipts not in
excess of $11.0 million.
This proposed rule would directly regulate those vessel operators
that are restricted by AFA Program and CR Program groundfish sideboard
limits in the BSAI and GOA, and AFA inshore cooperatives that are
required to submit an AFA inshore cooperative weekly report. All
persons required to submit an AFA inshore cooperative weekly report are
also subject to sideboard limits under the AFA Program. Therefore, the
number of directly regulated entities under this proposed rule is equal
to the number of vessel operators restricted by AFA Program and CR
Program groundfish sideboard limits in the BSAI and GOA. The thresholds
applied to determine if an entity or group of entities are ``small''
under the RFA depend on the industry classification for the entity or
entities. Businesses classified as primarily engaged in commercial
fishing are considered small entities if they have combined annual
gross receipts not in excess of $11.0 million for all affiliated
operations worldwide (81 FR 4469; January 26, 2016). Businesses
classified as primarily engaged in fish processing are considered small
entities if they employ 750 or fewer persons on a full-time, part-time,
temporary, or other basis, at all affiliated operations worldwide.
Since at least 1993, NMFS Alaska Region has considered catcher/
processors to be predominantly engaged in fish harvesting rather than
fish processing. Under this classification, the threshold of $11.0
million in annual gross receipts is appropriate.
Based on this analysis, NMFS preliminarily determines that there
are 18 entities that may be considered small and would be affected by
this proposed rule. However, due to the complexity of the affiliation
among the entities and the overlay of affiliation due to ownership and
affiliation based on the contractual relationship among members of
cooperatives, it is not certain these 18 entities are small entities,
as defined by the RFA, that could be affected by this proposed rule.
Nonetheless, NMFS has prepared this IRFA, which provides potentially
affected small entities an opportunity to provide comments on this
IRFA. NMFS will evaluate any comments received on the IRFA and may
consider certifying under section 605 of the RFA (5 U.S.C. 605) that
this action will not have a significant economic impact on a
substantial number of small entities prior to publication of the final
rule.
The only potential adverse economic impacts on directly regulated
small entities that have been identified for this proposed rule are if
the ABC and corresponding TAC for the species for which directed
fishing would be closed significantly increased. With respect to
potential changes in ABCs and TACs, NMFS does not anticipate that there
will be significant increases to the groundfish species' ABCs and TACs
associated with this action to the degree that the increases could
allow for a directed fishery for a given species. Sideboard limits
represent a very small proportion of a given annual groundfish TAC. If
a particular species' biomass, ABC, and TAC increased to a level that
could potentially allow for a directed fishery for that species'
sideboard limit, such a substantial change in biomass and harvest
control rules would also give rise to other potential management
considerations beyond just increasing sideboard limits. With regards to
the potential that the Amendment 80 Program allocations of groundfish
(specifically Central AI Atka mackerel) could change, NMFS considers
that prospect highly unlikely. The AFA and Amendment 80 fishery
management programs in the BSAI are currently stable. The groundfish
allocations established by these programs have not been modified since
they were implemented, and there are no foreseeable changes in the
allocations established under the Amendment 80 Program. If such
allocative changes were proposed, the Council and NMFS would conduct a
comprehensive analysis as part of any potential future action of how
such changes could affect the sideboard limits associated with this
action.
Recordkeeping, Reporting, and Other Compliance Requirements
This proposed rule would remove a recordkeeping and reporting
requirement for the submittal of AFA inshore cooperative weekly catch
reports. Such reports are no longer necessary to assist NMFS with
managing the AFA inshore pollock fisheries, as the information in such
reports has been superseded by more contemporary, electronic data
reporting. The proposal to remove these requirements is anticipated to
reduce the cost in total to the public by approximately $8,475 per
year, and is anticipated to reduce costs to NMFS by approximately
$5,400 per year.
[[Page 40739]]
No small entity is subject to reporting requirements that are in
addition to or different from the requirements that apply to all
directly regulated entities.
Duplicate, Overlapping, or Conflicting Federal Rules
No duplication, overlap, or conflict between this proposed rule and
existing Federal rules has been identified.
Description of Significant Alternatives That Minimize Adverse Impacts
on Small Entities
No significant alternatives were identified that would accomplish
the stated objectives for streamlining the management of AFA and CR
Program sideboard limits by prohibiting in regulation certain species
sideboard limits, are consistent with applicable statutes, and that
would reduce costs to potentially affected small entities more than the
proposed rule. The Council and NMFS considered two alternatives for
action one of this proposed rule. Alternative 1 is the no action
alternative. This alternative would continue the annual establishment
of the sideboard limits for all the species listed in proposed Tables
54, 55, and 56 to 50 CFR part 679, as well as proposed Table 11 to 50
CFR part 680, and would maintain the sideboard limit for Central AI
Atka mackerel for AFA C/Ps. These sideboard species have insufficient
sideboard limits to support directed fishing, are fully allocated to
other catch share programs, or for a variety of other reasons are
closed to directed fishing. NMFS would continue to prohibit directed
fishing for these sideboard fisheries via the annual harvest
specifications, except for the Central AI Atka mackerel sideboard limit
for AFA C/Ps.
Alternative 2, along with Option 1 (the preferred alternative),
provides the greatest economic benefits. The primary economic benefit
of this proposed rule is to reduce NMFS's administrative burden of
managing most AFA Program and CR Program sideboards through the annual
harvest specifications process. Implementation of Alternative 2 through
this proposed rule would streamline the preparation of the BSAI and GOA
annual harvest specifications, simplify NMFS's annual programming
changes to the groundfish catch accounting system, and reduce the
future costs of publishing the annual harvest specifications in the
Federal Register each year. The economic effects on fishery
participants that are affected by this proposed action primarily are
neutral. The removal of the AFA inshore cooperative weekly catch report
requirement would, however, provide a modest economic benefit for AFA
inshore cooperatives.
Collection-of-Information Requirements
This proposed rule addresses a collection-of-information
requirement subject to review and approval by the Office of Management
and Budget (OMB) under the Paperwork Reduction Act (PRA) and which has
been approved by OMB under control number 0648-0401 (AFA Reports). The
proposed rule would not add any new information collection
requirements, but would remove the regulatory requirement for the AFA
inshore cooperative weekly catch report. The public reporting burden
for the AFA inshore cooperative weekly catch report is estimated to
average 45 minutes per response, which includes the time for reviewing
instructions, searching existing data sources, gathering and
maintaining the data needed, and completing and reviewing the
collection of information. The proposal to remove this collection of
information requirement has been submitted to OMB for approval.
Public comment is sought regarding the proposal to remove the
requirement for the AFA inshore cooperative weekly catch report and the
burden hour estimate for this report. Send comments on these or any
other aspects of the collection of information to NMFS Alaska Region
(see ADDRESSES) and to OIRA by email to [email protected] or
by 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. All currently approved NOAA
collections of information may be viewed at http://www.cio.noaa.gov/services_programs/prasubs.html.
List of Subjects
50 CFR Part 679
Alaska, Fisheries, Reporting and recordkeeping requirements.
50 CFR Part 680
Alaska, Reporting and recordkeeping requirements.
Dated: August 9, 2018.
Samuel D. Rauch, III,
Deputy Assistant Administrator for Regulatory Programs, National Marine
Fisheries Service.
For the reasons set out in the preamble, NMFS proposes to amend 50
CFR part 679 and part 680 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.
Sec. 679.5 Recordkeeping and reporting (R&R) [Amended]
0
2. In Sec. 679.5, remove and reserve paragraph (o).
0
3. In Sec. 679.20, add paragraph (d)(1)(iv)(D) to read as follows:
Sec. 679.20 General limitations.
* * * * *
(d) * * *
(1) * * *
(iv) * * *
(D) Species or species groups for which directed fishing for
sideboard limits by AFA vessels is prohibited are listed in Tables 54,
55, and 56 to this part.
* * * * *
Sec. 679.62 Inshore sector cooperative allocation program [Amended]
0
4. In Sec. 679.62, remove paragraph (b)(3).
0
5. In Sec. 679.64,
0
a. Revise paragraph (a)(1)(ii)(A);
0
b. Remove paragraph (a)(1)(ii)(B);
0
c. Redesignate paragraph (a)(1)(ii)(C) as paragraph (a)(1)(ii)(B); and
0
d. Revise paragraphs (a)(3) and (b)(5) to read as follows:
Sec. 679.64 Harvesting sideboard limits in other fisheries.
(a) * * *
(1) * * *
(ii) * * *
(A) Bering Sea subarea and Eastern Aleutian Islands, zero; and
* * * * *
(3) How will AFA catcher/processor sideboard limits be managed? (i)
The Regional Administrator will manage groundfish harvest limits and
PSC bycatch limits for AFA catcher/processors through directed fishing
closures in fisheries established under paragraph (a)(1) of this
section in accordance with the procedures set out in Sec. Sec.
679.20(d)(1)(iv) and 679.21(b)(4)(iii).
(ii) Directed fishing for the BSAI groundfish sideboard limits
listed in Table 54 of this part is prohibited.
* * * * *
(b) * * *
(5) How will catcher vessel sideboard limits be managed? (i) The
Regional Administrator will manage groundfish harvest limits and PSC
bycatch limits
[[Page 40740]]
for AFA catcher vessels using directed fishing closures according to
the procedures set out at Sec. Sec. 679.20(d)(1)(iv) and 679.21(d)(7)
and (e)(3)(v).
(ii) Directed fishing for the BSAI groundfish sideboard limits
listed in Table 55 of this part and the GOA groundfish sideboard limits
listed in Table 56 of this part is prohibited.
* * * * *
0
6. Add and reserve Table 52 to part 679.
0
7. Add and reserve Table 53 to part 679.
0
8. Add Table 54 to part 679 to read as follows:
Table 54--BSAI Species and Species Groups for Which Directed Fishing for
Sideboard Limits by Listed AFA Catcher/Processors and Catcher/Processors
Designated on Listed AFA Catcher/Processor Permits Is Prohibited
------------------------------------------------------------------------
Species or species group Management area or subarea
------------------------------------------------------------------------
Sablefish, trawl gear.................. Bering Sea (BS) subarea of the
BSAI.
Aleutian Islands (AI).
Atka mackerel.......................... BS/Eastern Aleutian District.
Western Aleutian District.
Rock sole.............................. BSAI.
Greenland turbot....................... Bering Sea subarea of the BSAI.
AI.
Arrowtooth flounder.................... BSAI.
Kamchatka flounder..................... BSAI.
Flathead sole.......................... BSAI.
Alaska plaice.......................... BSAI.
Other flatfish......................... BSAI.
Pacific ocean perch.................... Bering Sea subarea of the BSAI.
Eastern Aleutian District.
Central Aleutian District.
Western Aleutian District.
Northern rockfish...................... BSAI.
Shortraker rockfish.................... BSAI.
Rougheye rockfish...................... Bering Sea subarea of the BSAI/
Eastern Aleutian District.
Central Aleutian District/
Western Aleutian District.
Other rockfish......................... BS.
AI.
Skates................................. BSAI.
Sculpins............................... BSAI.
Sharks................................. BSAI.
Octopuses.............................. BSAI.
------------------------------------------------------------------------
0
9. Add Table 55 to part 679 to read as follows:
Table 55--BSAI Species and Species Groups for Which Directed Fishing for
Sideboard Limits by Non-Exempt AFA Catcher Vessels Is Prohibited
------------------------------------------------------------------------
Management area or
Species or species group subarea Gear type
------------------------------------------------------------------------
Pacific cod.................... BSAI................ Jig.
Hook-and-line
catcher vessel
>=60 ft.
Hook-and-line
catcher vessel
<=60 ft.
Pot.
Sablefish, trawl gear.......... Bering Sea subarea All.
of the BSAI.
AI.................. All.
Atka mackerel.................. BSAI................ All.
Rock sole...................... BSAI................ All.
Greenland turbot............... BS.................. All.
AI.................. All.
Arrowtooth flounder............ BSAI................ All.
Kamchatka flounder............. BSAI................ All.
Alaska plaice.................. BSAI................ All.
Other flatfish................. BSAI................ All.
Flathead sole.................. BSAI................ All.
Pacific ocean perch............ BS.................. All.
Eastern Aleutian All.
District.
Central Aleutian All.
District.
Western Aleutian All.
District.
Northern rockfish.............. BSAI................ All.
Shortraker rockfish............ BSAI................ All.
Rougheye rockfish.............. Bering Sea subarea All.
of the BSAI/Eastern
Aleutian District.
Central Aleutian All.
District/Western
Aleutian District.
Other rockfish................. Bering Sea subarea All.
of the BSAI.
AI.................. All.
[[Page 40741]]
Skates......................... BSAI................ All.
Sculpins....................... BSAI................ All.
Sharks......................... BSAI................ All.
Octopuses...................... BSAI................ All.
------------------------------------------------------------------------
0
10. Add Table 56 to part 679 to read as follows:
Table 56--GOA Species and Species Groups for Which Directed Fishing for Sideboard Limits by Non-Exempt AFA
Catcher Vessels Is Prohibited
----------------------------------------------------------------------------------------------------------------
Management or regulatory area and processing component (if
Species or species group applicable)
----------------------------------------------------------------------------------------------------------------
Pacific cod................................ Eastern GOA, inshore component.
Eastern GOA, offshore component.
Western GOA.
Sablefish.................................. Central GOA.
Eastern GOA.
Shallow-water flatfish..................... Eastern GOA.
Deep-water flatfish........................ Western GOA.
Rex sole................................... Western GOA.
Eastern GOA.
Arrowtooth flounder........................ Western GOA.
Eastern GOA.
Flathead sole.............................. Western GOA.
Eastern GOA.
Pacific ocean perch........................ Western GOA.
Northern rockfish.......................... Western GOA.
Shortraker rockfish........................ Western GOA.
Central GOA.
Eastern GOA.
Dusky rockfish............................. Western GOA.
Central GOA.
Eastern GOA.
Rougheye rockfish.......................... Western GOA.
Central GOA.
Eastern GOA.
Demersal shelf rockfish.................... Southeast Outside District.
Thornyhead rockfish........................ Western GOA.
Central GOA.
Eastern GOA.
Other rockfish............................. Central GOA.
Eastern GOA.
Atka mackerel.............................. GOA.
Western GOA.
Big skates................................. Central GOA.
Eastern GOA.
Longnose skates............................ Western GOA.
Central GOA.
Eastern GOA.
Other skates............................... GOA.
Sculpins................................... GOA.
Sharks..................................... GOA.
Octopuses.................................. GOA.
----------------------------------------------------------------------------------------------------------------
* * * * *
PART 680--FISHERIES OF THE EXCLUSIVE ECONOMIC ZONE OFF ALASKA
0
11. The authority citation for part 680 continues to read as follows:
Authority: 16 U.S.C. 1862; Pub. L., 109-241; Pub. L. 109-479.
0
12. In Sec. 680.22, revise paragraph (e)(1)(i) to read as follows:
Sec. 680.22 Sideboard protections for GOA groundfish fisheries
* * * * *
(e) * * *
(1) * * *
(i) Except as provided in paragraph (e)(1)(ii) of this section,
annual sideboard harvest limits for each groundfish species, except
fixed-gear sablefish, will be established by multiplying the sideboard
ratios calculated under paragraph (d) of this section by the proposed
and final TACs
[[Page 40742]]
in each area for which a TAC is specified. If a TAC is further
apportioned by season, the sideboard harvest limit also will be
apportioned by season in the same ratio as the overall TAC. The
resulting harvest limits expressed in metric tons will be published in
the annual GOA groundfish harvest specification notices, except for
those species for which directed fishing for sideboard limits is
prohibited (see paragraph (e)(2)(ii) of this section and Table 11 to
this part).
* * * * *
0
13. Add Table 11 to part 680 to read as follows:
Table 11--Gulf of Alaska Species and Species Groups for Which Directed
Fishing for Sideboard Limits by Non-AFA Crab Vessels Is Prohibited
------------------------------------------------------------------------
Species or species group Management area or regulatory area,
processing component (if applicable),
and gear type (if applicable)
------------------------------------------------------------------------
Pollock......................... Shumagin (Management Area 610).
Chirikof (Management Area 620).
Kodiak (Management Area 630).
Western Yakutat District.
Southeast Outside District.
------------------------------------------------------------------------
Area Gear, vessel type
---------------------------------------
Pacific cod..................... Western GOA....... Jig.
Hook-and-line
Catcher Vessel.
Trawl Catcher
Vessel.
---------------------------------------
Central GOA....... Jig.
Hook-and-line
Catcher Vessel.
Trawl Catcher
Vessel.
---------------------------------------
Eastern GOA, inshore component.
Eastern GOA, offshore component.
------------------------------------------------------------------------
Sablefish, trawl gear........... Western GOA.
Central GOA.
Eastern GOA.
------------------------------------------------------------------------
Shallow-water flatfish.......... Western GOA.
Central GOA.
Eastern GOA.
------------------------------------------------------------------------
Deep-water flatfish............. Western GOA.
Central GOA.
Eastern GOA.
------------------------------------------------------------------------
Rex sole........................ Western GOA.
Central GOA.
Eastern GOA.
------------------------------------------------------------------------
Arrowtooth Flounder............. Western GOA.
Central GOA.
Eastern GOA.
------------------------------------------------------------------------
Flathead sole................... Western GOA.
Central GOA.
Eastern GOA.
------------------------------------------------------------------------
Pacific ocean perch............. Western GOA.
Central GOA.
Eastern GOA.
------------------------------------------------------------------------
Northern rockfish............... Western GOA.
Central GOA.
------------------------------------------------------------------------
Shortraker rockfish............. Western GOA.
Central GOA.
Eastern GOA.
------------------------------------------------------------------------
Dusky rockfish.................. Western GOA.
Central GOA.
Eastern GOA.
------------------------------------------------------------------------
Rougheye rockfish............... Western GOA.
Central GOA.
Eastern GOA.
------------------------------------------------------------------------
Demersal shelf rockfish......... Southeast Outside District.
------------------------------------------------------------------------
Thornyhead rockfish............. Western GOA.
Central GOA.
Eastern GOA.
[[Page 40743]]
------------------------------------------------------------------------
Other rockfish.................. Western/Central GOA.
Eastern GOA.
------------------------------------------------------------------------
Atka mackerel................... GOA.
------------------------------------------------------------------------
Big skates...................... Western GOA.
Central GOA.
Eastern GOA.
------------------------------------------------------------------------
Longnose skates................. Western GOA.
Central GOA.
Eastern GOA.
------------------------------------------------------------------------
Other skates.................... GOA.
------------------------------------------------------------------------
Sculpins........................ GOA.
Sharks.......................... GOA.
Octopuses....................... GOA.
------------------------------------------------------------------------
* * * * *
[FR Doc. 2018-17538 Filed 8-15-18; 8:45 am]
BILLING CODE 3510-22-P