80_FR_28635 80 FR 28539 - Fisheries of the Exclusive Economic Zone Off Alaska; Bering Sea and Aleutian Islands Crab Rationalization Program; Amendment 45; Pacific Cod Sideboard Allocations in the Gulf of Alaska

80 FR 28539 - Fisheries of the Exclusive Economic Zone Off Alaska; Bering Sea and Aleutian Islands Crab Rationalization Program; Amendment 45; Pacific Cod Sideboard Allocations in the Gulf of Alaska

DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration

Federal Register Volume 80, Issue 96 (May 19, 2015)

Page Range28539-28545
FR Document2015-12066

NMFS publishes regulations to implement Amendment 45 to the Fishery Management Plan for Bering Sea/Aleutian Islands King and Tanner Crabs (Crab FMP). Amendment 45 establishes, for a limited period of time, a process for NMFS to permanently remove Pacific cod catch limits, known as sideboard limits, which are applicable to certain hook-and-line catcher/processors in the Central and Western Gulf of Alaska (GOA) Regulatory Areas. This action authorizes NMFS to remove these Pacific cod sideboard limits in the Central and/or Western GOA if each eligible participant in the hook-and-line catcher/processor sector in a regulatory area signs and submits a request that NMFS remove the sideboard limit. Each eligible participant will be required to submit the request to NMFS within 1 year of the date of publication of this final rule. This action is necessary to provide participants in the Central and Western GOA hook-and-line catcher/processor sectors with an opportunity to cooperatively coordinate harvests of Pacific cod through private arrangement to the participants' mutual benefit, which would remove the need for sideboard limits in these regulatory areas. This action is intended to promote the goals and objectives of the Crab FMP, the Magnuson-Stevens Fishery Conservation and Management Act (Magnuson- Stevens Act), and other applicable law.

Federal Register, Volume 80 Issue 96 (Tuesday, May 19, 2015)
[Federal Register Volume 80, Number 96 (Tuesday, May 19, 2015)]
[Rules and Regulations]
[Pages 28539-28545]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-12066]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

15 CFR Part 902

50 CFR Part 680

[Docket No. 130820737-5408-02]
RIN 0648-BD61


Fisheries of the Exclusive Economic Zone Off Alaska; Bering Sea 
and Aleutian Islands Crab Rationalization Program; Amendment 45; 
Pacific Cod Sideboard Allocations in the Gulf of Alaska

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and 
Atmospheric Administration (NOAA), Commerce.

ACTION: Final rule.

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SUMMARY: NMFS publishes regulations to implement Amendment 45 to the 
Fishery Management Plan for Bering Sea/Aleutian Islands King and Tanner 
Crabs (Crab FMP). Amendment 45 establishes, for a limited period of 
time, a process for NMFS to permanently remove Pacific cod catch 
limits, known as sideboard limits, which are applicable to certain 
hook-and-line catcher/processors in the Central and Western Gulf of 
Alaska (GOA) Regulatory Areas. This action authorizes NMFS to remove 
these Pacific cod sideboard limits in the Central and/or Western GOA if 
each eligible participant in the hook-and-line catcher/processor sector 
in a regulatory area signs and submits a request that NMFS remove the 
sideboard limit. Each eligible participant will be required to submit 
the request to NMFS within 1 year of the date of publication of this 
final rule. This action is necessary to provide participants in the 
Central and Western GOA hook-and-line catcher/processor sectors with an 
opportunity to cooperatively coordinate harvests of Pacific cod through 
private arrangement to the participants' mutual benefit, which would 
remove the need for sideboard limits in these regulatory areas. This 
action is intended to promote the goals and objectives of the Crab FMP, 
the Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-
Stevens Act), and other applicable law.

DATES: Effective June 18, 2015.

ADDRESSES: Electronic copies of the following documents may be obtained 
from http://www.regulations.gov or from the NMFS Alaska Region Web site 
at http://alaskafisheries.noaa.gov:
     The Regulatory Impact Review/Initial Regulatory 
Flexibility Analysis (RIR/IRFA), and the Categorical Exclusion prepared 
for this action (collectively referred to as the ``Analysis'');
     The Harvest Specifications Supplemental Information Report 
(SIR) prepared for the final 2015 and 2016 harvest specifications;
     The Final Environmental Assessment/Final RIR/IRFA for 
Amendment 83 to the Fishery Management Plan for Groundfish of the Gulf 
of Alaska (GOA FMP) Allocation of Pacific Cod Among Sectors in the 
Western and Central GOA; and
     The Alaska Groundfish Harvest Specifications Final 
Environmental Impact Statement (Harvest Specifications EIS).
    Written comments regarding the burden-hour estimates or other 
aspects of the collection of information requirements contained in this 
final rule may be submitted by mail to NMFS, Alaska Region, P.O. Box 
21668, Juneau, AK 99802-1668, Attn: Ellen Sebastian, Records Officer; 
in person at NMFS, Alaska Region, 709 West 9th Street, Room 420A, 
Juneau, AK; or by email to [email protected] or fax to 202-
395-5806.

FOR FURTHER INFORMATION CONTACT: Rachel Baker, 907-586-7228

SUPPLEMENTARY INFORMATION: This final rule implements Amendment 45 to 
the Crab FMP. The king and Tanner crab fisheries in the exclusive 
economic zone (EEZ) of the Bering Sea and Aleutian Islands are managed 
under the Crab FMP. While the groundfish fisheries in the EEZ of the 
Gulf of Alaska are managed primarily under the Fishery Management Plan 
for Groundfish of the Gulf of Alaska (GOA FMP), some aspects of 
groundfish fishing in the Gulf of Alaska are managed under the Crab 
FMP.
    NMFS published the Notice of Availability for Amendment 45 in the 
Federal Register on February 2, 2015 (80 FR 5499), with a 60-day 
comment period that ended April 3, 2015. The Secretary approved 
Amendment 45 on April 29, 2015, after accounting for information from 
the public, and determining that Amendment 45 is consistent with the 
Crab FMP, the Magnuson-Stevens Act, and other applicable law. NMFS 
published a proposed rule for Amendment 45 on February 12, 2015 (80 FR 
7817). The 30-day comment period on the proposed rule ended March 16, 
2015. NMFS received one comment letter during the comment periods on 
Amendment 45 and the proposed rule. A summary of

[[Page 28540]]

the comment and NMFS' response is provided in the Comment and Response 
section of this preamble.

Background

    A detailed review of the provisions of Amendment 45, the 
implementing regulations, and the rationale for these regulations is 
provided in the preamble to the proposed rule (79 FR 36702, June 30, 
2014) and is not repeated here. The proposed rule is available from the 
NMFS Alaska Region Web site (see ADDRESSES).
    This final rule establishes, for a limited period of time, a 
regulatory process for NMFS to permanently remove Pacific cod catch 
limits, known as sideboard limits, that are applicable to some 
participants in the Central GOA Regulatory Area (Central GOA) and 
Western GOA Regulatory Area (Western GOA) hook-and-line catcher/
processor sectors. This final rule preamble provides a brief 
description of Pacific cod fishery management for the Central and 
Western GOA hook-and-line catcher/processor sectors and the management 
provisions that apply to Amendment 45 and this final rule.

Management of Pacific Cod in the Central and Western GOA

    NMFS implements conservation and management measures, such as catch 
limits, to prevent overfishing while achieving the optimum yield in 
federally managed fisheries. Catch limits for GOA Pacific cod are 
established as part of the annual harvest specifications process for 
GOA groundfish. The North Pacific Fishery Management Council (Council) 
annually recommends, and NMFS specifies, an amount of catch at which 
overfishing is occurring (i.e., overfishing limit or OFL), an 
acceptable biological catch (ABC), and a total allowable catch (TAC) 
for each stock or stock complex (i.e., species or species group). 
Separate TACs are calculated using the apportionment of TAC for 
specific regulatory areas to limit catch and ensure that fisheries can 
be effectively managed. Specific to this final rule, the Council 
recommends, and NMFS implements an OFL and ABC for Pacific cod in the 
GOA, and separate TACs for the Eastern, Central, and Western GOA 
Pacific cod fisheries. NMFS apportions each TAC among various gear 
types (e.g., pot or trawl gear), operation types (e.g., catcher vessels 
and catcher/processors), and sectors (e.g., hook-and-line catcher/
processors) as required by regulation (see regulations at Sec.  
680.20(a)). Similarly, the Council recommends and NMFS establishes 
sideboard limits as part of the harvest specifications process. 
Sideboard limits constrain harvests by specific vessels based on 
regulatory requirements established under various management programs. 
Sideboard limits are calculated as a portion of the TACs for some 
groundfish species and established in the annual harvest 
specifications. The resulting sideboard limits for Pacific cod, 
expressed in metric tons, are published in the annual GOA groundfish 
harvest specification notices (for the most recent example, see 80 FR 
10250, February 25, 2015).
    Under this final rule, the GOA Pacific cod OFL, ABC, TACs, and 
sector allocations will continue to be established through the annual 
GOA harvest specifications process. NMFS will continue to manage 
Pacific cod in the GOA by limiting harvests to the established TACs and 
sector allocations. Therefore, this final rule does not increase the 
likelihood that an OFL, ABC, TAC, or sector catch limit will be 
exceeded. See the preamble to the proposed rule and sections 1.5.2 and 
3.2 of the Analysis for additional details.
    NMFS also manages Pacific cod fisheries through the License 
Limitation Program (LLP). A vessel is required to be named on an LLP 
license before it can be deployed to directed fish (i.e., specifically 
target) for Pacific cod in Federal waters of the GOA. NMFS has issued a 
specific number of LLP licenses, which establish an upper limit on the 
total number of potential participants in GOA Pacific cod fisheries. 
LLP licenses must have the necessary endorsements to directed fish for 
Pacific cod in the GOA. Specific to this final rule, participants in 
the Central GOA and Western GOA hook-and-line catcher/processor sectors 
must have an LLP license with endorsements assigned for (1) Central GOA 
or Western GOA, (2) hook-and-line gear, (3) catcher/processor, and (4) 
Pacific cod.

GOA Pacific Cod Sideboard Limits Established Under the BSAI Crab 
Rationalization Program

    The Bering Sea and Aleutian Islands (BSAI) Crab Rationalization 
Program (CR Program) was implemented in 2005 and established a catch 
share program that allocates BSAI crab resources among harvesters, 
processors, and coastal communities. As part of the CR Program, 
eligible vessel owners and vessel captains were allocated quota share 
(QS) in several valuable crab fisheries, including the Bering Sea snow 
crab (Chionoecetes opilio) fishery. The CR Program provides increased 
flexibility for crab fishermen to choose when and where to fish or 
whether to lease their crab QS and fish for species other than crab. 
The Council and NMFS recognized that the benefits of the CR Program 
could create incentives for recipients of snow crab QS to increase 
their level of participation in groundfish fisheries, especially 
Pacific cod fisheries in the Central and Western GOA. Therefore, 
Federal regulations implementing the CR Program established CR Program 
GOA sideboards to limit the potential adverse effects of the CR Program 
on GOA groundfish fisheries. These sideboards prevent CR Program 
participants from preempting fishermen in the GOA that did not receive 
benefits from the CR Program.
    During a fishing year, NMFS manages CR Program GOA Pacific cod 
sideboard limits by tracking all catch of vessels subject to a 
sideboard limit to make sure the sideboard limits are not exceeded. 
NMFS will prohibit directed fishing for GOA Pacific cod in a specific 
regulatory area by vessels subject to the CR Program GOA Pacific cod 
sideboard limit through the annual harvest specifications if NMFS 
determines at the start of the fishing year that the CR Program GOA 
Pacific cod sideboard limit is insufficient to support a directed 
fishery by those vessels (see regulations at Sec.  680.22(e)(2) and 
(3)).
    The preamble to the proposed rule and section 1.6 of the Analysis 
describe that some of the vessels and LLP licenses active in the hook-
and-line catcher/processor sector are subject to CR Program GOA Pacific 
cod sideboard limits. The hook-and-line catcher/processor sector 
operating in the EEZ off Alaska currently consists of 36 vessels. NMFS 
has determined that eight of these 36 vessels are subject to the CR 
Program GOA Pacific cod sideboard limits. The Federal Fisheries Permit 
(FFP) issued by NMFS to each of these eight vessels includes a 
designation indicating that the vessel is subject to the CR Program GOA 
Pacific cod sideboard limits. Of the LLP licenses that authorize a 
vessel to participate in the Central and/or Western GOA Pacific cod 
hook-and-line catcher/processor sector, NMFS has determined that five 
LLP licenses are subject to the CR Program GOA Pacific cod sideboard 
limits. These five LLP licenses include a designation indicating that 
the license is subject to the CR Program GOA Pacific cod sideboard 
limits.

Allocations of Pacific Cod in the GOA

    CR Program GOA Pacific cod sideboard limits constrain the harvest 
of GOA Pacific cod by vessels and holders of license limitation program 
(LLP) licenses that were used to harvest specific amounts of Pacific 
cod in the GOA and snow crab in the Bering Sea

[[Page 28541]]

and Aleutian Islands Management Area. Originally, the CR Program GOA 
Pacific cod sideboard limits for the Eastern, Central, and Western GOA 
were calculated using the Pacific cod TACs for each area. With the 
implementation of Amendment 83 to the Fishery Management Plan for Gulf 
of Alaska Groundfish in 2012, the CR Program GOA Pacific cod sideboard 
limits in the Central and Western GOA are calculated using the 
apportionment of Pacific cod TAC established for specific gear types 
(e.g., hook-and-line gear, pot gear) and by operation type (i.e., 
catcher/processor vessels, catcher vessels). CR Program GOA Pacific cod 
sideboard limits in the Central and Western GOA for vessels using hook-
and-line gear and operating as catcher/processors (the hook-and-line 
catcher/processor sector) are now much smaller than they were prior to 
Amendment 83. As a result, NMFS prohibits directed fishing for Pacific 
cod in the Central and Western GOA by participants in the hook-and-line 
catcher/processor sector who are subject to CR Program GOA Pacific cod 
sideboard limits so that these small sideboard limits are not exceeded. 
The proposed rule preamble describes that Amendment 83 did not change 
Pacific cod management in the Eastern GOA because the same level of 
competition, or race for fish, did not exist in the Eastern GOA 
compared to the Central and Western GOA. As a result, the CR Program 
GOA Pacific cod sideboard limits in the Eastern GOA were not 
recalculated for gear and operation type.

The Effect of Pacific Cod Sideboard Limits on Hook-and-Line Catcher/
Processors in the Central and Western GOA

    The CR Program GOA Pacific cod sideboard limits affected the eight 
vessels and the five LLP licenses subject to the sideboard limits 
differently starting in 2012 under Amendment 83 than under management 
provisions when the CR Program was first implemented in 2006 through 
2011. Since the implementation of Amendment 83, NMFS has prohibited 
directed fishing by participants subject to CR Program GOA Pacific cod 
sideboard limits in the hook-and-line catcher/processor sector in the 
Central and Western GOA. NMFS has made this determination each year 
based on the small amount of the sideboard limits, the need to account 
for incidental catch of Pacific cod by sideboarded hook-and-line 
catcher/processors in other groundfish fisheries in the Central and 
Western GOA, and the potential catch rates of Pacific cod by 
sideboarded hook-and-line catcher/processors relative to the sideboard 
limits. The proposed rule preamble and sections 1.5 and 1.6 of the 
Analysis provide additional detail on the impacts of Amendment 83 on 
participants in the Central and Western GOA hook-and-line catcher/
processor sectors who are subject to CR Program GOA Pacific cod 
sideboard limits.

Implementation of This Action

    This final rule is necessary to provide participants in the Central 
and Western GOA hook-and-line catcher/processor sectors with an 
opportunity to cooperatively coordinate harvests of Pacific cod through 
private arrangement to the participants' mutual benefit, which would 
remove the need for current regulations that impose sideboard harvest 
restrictions on some participants in the sectors. This final rule 
establishes regulatory conditions that must be met prior to the removal 
of CR Program GOA Pacific cod sideboard limits for the hook-and-line 
catcher/processor sectors in the Central and/or Western GOA. NMFS will 
remove the sideboard limits if each person holding an LLP license or 
LLP licenses with endorsements that authorize directed fishing for 
Pacific cod as a hook-and-line catcher/processor in the Central or 
Western GOA (i.e., eligible participants) provides NMFS with a signed 
form requesting that NMFS remove the Pacific cod sideboard limit for 
that regulatory area.
    Under this final rule, NMFS will not remove the Pacific cod 
sideboard limit for the Central or Western GOA unless each eligible 
participant in the Central or Western GOA submits to NMFS a completed 
Request to Extinguish Pacific Cod Sideboard Limit in the Central or 
Western GOA. As described in the preamble to the proposed rule, the 
holders of LLP licenses with the necessary endorsements, rather than 
vessels owners, represent the universe of eligible fishery participants 
in the Central and Western GOA hook-and-line catcher/processor sectors. 
This final rule adds Table 10 to Part 680 to identify the 23 LLP 
licenses with endorsements that authorize a vessel to catch and process 
Pacific cod at-sea using hook-and-line gear in the Central GOA, and the 
18 LLP licenses with endorsements that authorize a vessel to catch and 
process Pacific cod at-sea using hook-and-line gear in the Western GOA. 
The holders of the LLP licenses listed in Table 10 to Part 680 comprise 
the universe of participants eligible to request removal of a GOA 
Pacific cod sideboard limit. Each holder of an LLP license with Central 
GOA endorsements listed in Table 10 to Part 680 will be required to 
complete and submit to NMFS the form requesting removal of the CR 
Program GOA Pacific cod sideboard limit in the Central GOA. Similarly, 
each holder of an LLP license with Western GOA endorsements listed in 
Table 10 to Part 680 will be required to complete and submit to NMFS 
the form requesting removal of the CR Program GOA sideboard limit in 
the Western GOA.
    This final rule modifies regulations at 50 CFR 680.22(e) that 
require NMFS to establish Pacific cod sideboard limits for hook-and-
line catcher/processors during the annual harvest specification 
process. Under this final rule, NMFS will not establish these sideboard 
limits for the Central or Western GOA if all participants eligible to 
use a hook-and-line catcher/processor to fish for Pacific cod in the 
regulatory area sign and submit to NMFS a request that NMFS remove the 
sideboard limit for that regulatory area.
    Each eligible participant will be required to submit that request 
to NMFS on or before May 18, 2016. Each eligible participant in the 
Central and/or Western GOA must sign an affidavit, included on a form, 
to request that NMFS no longer establish Pacific cod sideboard limits 
for the hook-and-line catcher/processor sector in the Central and/or 
Western GOA. If NMFS receives the required affidavits during the 1-year 
period, NMFS will announce the permanent removal of the Central and/or 
Western GOA sideboard limits during the annual GOA groundfish 
specification process and will no longer establish Pacific cod 
sideboard limits for the hook-and-line catcher/processor sector in the 
Central and/or Western GOA. If NMFS does not receive the required 
affidavits on or before May 18, 2016, NMFS will continue to establish 
GOA Pacific cod sideboard limits for the hook-and-line catcher/
processor sectors through the annual GOA groundfish specification 
process and the opportunity to remove them will expire.
    Although this final rule is intended to provide an opportunity for 
coordination and cooperation among all eligible participants in both 
the Central and Western GOA, this final rule allows the eligible 
participants to submit requests for each regulatory area separately. 
Therefore, a CR Program GOA Pacific cod sideboard limit could be 
removed for one regulatory area without requiring all eligible 
participants in both areas to agree.
    This final rule adds regulations at Sec.  680.22(e)(1)(ii) to 
clarify that NMFS will not establish CR Program GOA Pacific cod 
sideboard limits for the hook-and-line catcher/processor sector in a 
regulatory area through the annual

[[Page 28542]]

harvest specification process if NMFS receives completed request forms 
from all eligible participants in a regulatory area by the deadline. CR 
Program GOA Pacific cod sideboard limits are currently implemented 
through the annual harvest specification process; therefore, CR program 
GOA Pacific cod sideboard limits could not be removed immediately upon 
receipt by NMFS of the required forms. NMFS will remove a CR Program 
GOA Pacific cod sideboard limit for the hook-and-line catcher/processor 
sector during the next annual harvest specification cycle for GOA 
groundfish.
    This final rule does not require eligible participants to enter 
into a private contractual agreement to coordinate fishing practices 
within that regulatory area prior to submitting to NMFS the required 
forms requesting removal of a CR Program GOA Pacific cod sideboard 
limit. If the holders of the LLP licenses listed in Table 10 to Part 
680 are unable, or unwilling, to agree to request that NMFS remove a CR 
Program GOA Pacific cod sideboard limit in a regulatory area within the 
time provided, the sideboard limit for that regulatory area will 
continue to apply. Maintaining the CR Program GOA Pacific cod sideboard 
limits--if unanimous agreement for their removal is not reached by the 
eligible participants--is consistent with the objectives of sideboard 
management as established by the CR Program and the sideboard limit 
calculation method established under regulations implementing Amendment 
83. Removing sideboard limits without unanimous agreement of all of the 
eligible participants could indicate that eligible participants have 
not agreed to coordinate harvests. This could increase the likelihood 
of a race for fish and could allow those who received QS under the CR 
Program to expand their efforts in the GOA Pacific cod fisheries. Such 
a result would not be consistent with the goals of the CR Program or 
the Council's objectives for this action.
    This final rule does not modify the CR Program GOA Pacific cod 
sideboard limits for hook-and-line catcher/processors in the Eastern 
GOA. As explained in the preamble to the proposed rule, this action 
does not remove the sideboard designations on the FFPs for the eight 
sideboarded vessels or the five sideboarded LLP licenses, and these 
vessels and LLP licenses will still be subject to a CR Program Pacific 
cod sideboard limit if they are used in the Eastern GOA.

Changes From the Proposed Rule

    NMFS made no changes from the proposed to final rule.

OMB Revisions to Paperwork Reduction Act References in 15 CFR 902.1(b)

    Section 3507(c)(B)(i) of the PRA requires that agencies inventory 
and display a current control number assigned by the Director, OMB, for 
each agency information collection. Section 902.1(b) identifies the 
location of NOAA regulations for which OMB approval numbers have been 
issued. Because this final rule revises and adds data elements within a 
collection-of-information for recordkeeping and reporting requirements, 
15 CFR 902.1(b) is revised to reference correctly the sections 
resulting from this final rule.

Comment and Response

    During the public comment periods for the Notice of Availability 
for Amendment 45 and the proposed rule to implement Amendment 45, NMFS 
received one comment letter that did not support Amendment 45 and the 
proposed rule. A summary of the comment received and NMFS' response 
follows.
    Comment: Amendment 45 is not consistent with National Standard 1 of 
the Magnuson-Stevens Act because it does not prevent overfishing while 
achieving the optimum yield of fish stocks. Under Amendment 45, 
industry participants would utilize self-regulation and private 
contractual agreements to limit GOA Pacific cod harvests if all 
operations consent to eliminating GOA Pacific cod sideboard limits. 
This self-regulation would lead to overfishing because industry 
participants do not have sufficient biological information to establish 
sustainable catch limits. Furthermore, individual fishing operations 
have a significant economic incentive to agree to eliminate the Pacific 
cod sideboard catch limits and then engage in overfishing in order to 
increase fishing revenue.
    Response: NMFS has determined that Amendment 45 and this final rule 
are consistent with the Magnuson-Stevens Act, the Crab FMP, and other 
applicable law. Under Amendment 45 and this final rule, the Council and 
NMFS will continue to manage the Pacific cod fisheries in the GOA to 
prevent overfishing while achieving, on a continuing basis, the optimum 
yield from each fishery, consistent with National Standard 1 of the 
Magnuson-Stevens Act and the GOA FMP. Section 3.2.1 of the GOA FMP 
defines the OFL as the level above which overfishing is occurring for a 
species or species group. NMFS manages fisheries in an effort to ensure 
that no OFLs are exceeded in any year. Section 3.2.4.3 of the GOA FMP 
clarifies that if catch is approaching an OFL, NMFS will prevent 
overfishing by closing specific fisheries identified by gear and area 
that incur the greatest catch. Closures expand to other fisheries if 
the rate of take is not sufficiently slowed. Regulations at Sec.  
679.20(d)(1), (d)(2), and (d)(3) define the process NMFS uses to limit 
or prohibit fishing to prevent overfishing and maintain total catch at 
or below the OFL.
    Amendment 45 and this final rule establish a process for NMFS to 
remove GOA Pacific cod sideboard limits. The GOA Pacific cod sideboard 
limits are an additional level of harvest limits within the GOA Pacific 
cod sector allocations. Removal of sideboard limits does not mean the 
GOA Pacific cod fisheries will not have a harvest limit. The proposed 
rule preamble and sections 1.5.2 and 3.2 of the Analysis describe that 
Pacific cod OFLs, ABCs, TACs, and sector allocations will continue to 
be established through the annual GOA harvest specifications process. 
Amendment 45 and this final rule do not change or otherwise supersede 
that process. NMFS will continue to manage Pacific cod in the GOA by 
limiting harvests to the established TACs and sector allocations as 
specified in regulations at Sec.  679.20. Therefore, this final rule 
does not increase the likelihood that an OFL, ABC, TAC, or sector catch 
limit will be exceeded. A detailed description of the annual harvest 
specification process is provided in the Harvest Specifications SIR 
prepared for the final 2015 and 2016 harvest specifications and the 
Alaska Groundfish Harvest Specifications EIS (see ADDRESSES).
    The Council determined, and NMFS agrees, that Amendment 45 and this 
final rule are necessary to provide participants in the Central and 
Western GOA hook-and-line catcher/processor sectors with an opportunity 
to cooperatively coordinate harvests of Pacific cod through private 
arrangement to the participants' mutual benefit, which would remove the 
need for sideboard limits in these regulatory areas. The preamble to 
the proposed rule (79 FR 36702, June 30, 2014) and section 1.4 of the 
Analysis describe that Amendment 45 and this final rule are intended to 
balance the Council's competing objectives: (1) To relieve the CR 
Program GOA Pacific cod sideboard limits for some vessels and LLP 
licenses that benefitted from allocations under the CR program, and (2) 
to protect the

[[Page 28543]]

GOA-only participants from adverse impacts that may result from removal 
of those sideboard limits.

Classification

    The Administrator, Alaska Region, NMFS, determined that Amendment 
45 to the Crab FMP is necessary for the conservation and management of 
the GOA groundfish fishery and that it is consistent with the Crab FMP, 
GOA FMP, the Magnuson-Stevens Act, and other applicable laws.

Small Entity Compliance Guide

    Section 212 of the Small Business Regulatory Enforcement Fairness 
Act of 1996 states that, for each rule or group of related rules for 
which an agency is required to prepare a final regulatory flexibility 
analysis (FRFA), the agency shall publish one or more guides to assist 
small entities in complying with the rule, and shall designate such 
publications as ``small entity compliance guides.'' The agency shall 
explain the actions a small entity is required to take to comply with a 
rule or group of rules. The preamble to the proposed rule and this 
final rule serve as the small entity compliance guide. This action does 
not require any additional compliance from small entities that is not 
described in the preambles. Copies of this final rule are available 
from NMFS at the following Web site: http://alaskafisheries.noaa.gov.

Executive Order 12866

    This rule has been determined to be not significant for purposes of 
Executive Order 12866.

Final Regulatory Flexibility Analysis

    Section 604 of the Regulatory Flexibility Act (RFA) requires that, 
when an agency promulgates a final rule under section 553 of Title 5 of 
the U.S. Code, after being required by that section, or any other law, 
to publish a general notice of proposed rulemaking, the agency shall 
prepare a final regulatory flexibility analysis.
    Section 604 describes the contents of a FRFA: (1) A statement of 
the need for, and objectives of, the rule; (2) a statement of the 
significant issues raised by the public comments in response to the 
initial regulatory flexibility analysis, a statement of the assessment 
of the agency of such issues, and a statement of any changes made in 
the proposed rule as a result of such comments; (3) the response of the 
agency to any comments filed by the Chief Counsel for Advocacy of the 
Small Business Administration in response to the proposed rule, and a 
detailed statement of any change made to the proposed rule in the final 
rule as a result of the comments; (4) a description of and an estimate 
of the number of small entities to which the rule will apply or an 
explanation of why no such estimate is available; (5) a description of 
the projected reporting, recordkeeping and other compliance 
requirements of the rule, including an estimate of the classes of small 
entities which will be subject to the requirement and the type of 
professional skills necessary for preparation of the report or record; 
and (6) a description of the steps the agency has taken to minimize the 
significant economic impact on small entities consistent with the 
stated objectives of applicable statutes, including a statement of the 
factual, policy, and legal reasons for selecting the alternative 
adopted in the final rule and why each one of the other significant 
alternatives to the rule considered by the agency which affect the 
impact on small entities was rejected.
    The ``universe'' of entities to be considered in a FRFA generally 
includes only those small entities that can reasonably be expected to 
be directly regulated by the final rule. If the effects of the rule 
fall primarily on a distinct segment of the industry, or portion 
thereof (e.g., user group, gear type, geographic area), that segment 
would be considered the universe for purposes of this analysis.
    The Small Business Administration (SBA) has established size 
standards for all major industry sectors in the U.S., including 
commercial finfish harvesters (NAICS code 114111), commercial shellfish 
harvesters (NAICS code 114112), other commercial marine harvesters 
(NAICS code 114119), for-hire businesses (NAICS code 487210), marinas 
(NAICS code 713930), seafood dealers/wholesalers (NAICS code 424460), 
and seafood processors (NAICS code 311710). 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. For commercial shellfish harvesters, the same 
qualifiers apply, except the combined annual gross receipts threshold 
is $5.5 million. For other commercial marine harvesters, for-hire 
fishing businesses, and marinas, the same qualifiers apply, except the 
combined annual gross receipts threshold is $7.5 million.
    A business primarily involved in seafood processing 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 employment, counting all individuals employed on a 
full-time, part-time, or other basis, not in excess of 500 employees 
for all its affiliated operations worldwide. For seafood dealers/
wholesalers, the same qualifiers apply, except the employment threshold 
is 100 employees. In determining a concern's number of employees, SBA 
counts all individuals employed on a full-time, part-time, or other 
basis. This includes employees obtained from a temporary employee 
agency, professional employee organization or leasing concern. SBA will 
consider the totality of the circumstances, including criteria used by 
the Internal Revenue Service (IRS) for Federal income tax purposes, in 
determining whether individuals are employees of a concern. Volunteers 
(i.e., individuals who receive no compensation, including no in-kind 
compensation, for work performed) are not considered employees. Where 
the size standard is number of employees, the method for determining a 
concern's size includes the following principles: (1) The average 
number of employees of the concern used (including the employees of its 
domestic and foreign affiliates) based upon numbers of employees for 
each of the pay periods for the preceding completed 12 calendar months; 
(2) part-time and temporary employees are counted the same as full-time 
employees.

Need for and Objectives of This Action

    A statement of the need for, and objectives of, the rule is 
contained in the preamble to this final rule and is not repeated here.

Summary of Significant Issues Raised During Public Comment

    NMFS published a proposed rule on February 12, 2015 (80 FR 7817). 
An initial regulatory flexibility analysis (IRFA) was prepared and 
summarized in the ``Classification'' section of the preamble to the 
proposed rule. The comment period closed on March 16, 2015. NMFS 
received one letter of public comment on the proposed rule. This 
comment letter did not address the IRFA or the economic impacts of the 
rule generally. The Chief Counsel for Advocacy of the SBA did not file 
any comments on the proposed rule.

Number and Description of Small Entities Regulated by This Action

    This action would directly regulate eight entities. These eight 
entities include the owners of the eight vessels,

[[Page 28544]]

and the holders of the five LLP licenses currently subject to CR 
Program GOA Pacific cod sideboard limits in the Central and Western GOA 
hook-and-line catcher/processor sectors. The owners of the eight 
vessels and holders of the five LLP licenses directly regulated by this 
action are affiliated through their membership in the Freezer Longline 
Conservation Cooperative (FLCC). The FLCC represents LLP holders and 
the owners and operators of vessels that participate in the Pacific cod 
hook-and-line catcher/processor sector in the Federal waters of the 
BSAI. The FLCC is comprised of businesses that are engaged in the 
harvesting and processing of finfish. The annual revenue of members of 
the FLCC has exceeded $130 million per year since its formation, and 
$172 million in 2012, the most recent year of available revenue data 
(see Table 1-14 in Section 1.6 of the Analysis for additional detail). 
Members of the FLCC are not considered small entities because the 
annual revenue of the cooperative exceeds the size standards for small 
entities.
    Three entities hold LLP licenses and own vessels that operate only 
in the GOA as hook-and-line catcher/processors. These three entities 
are not directly regulated by the CR Program GOA Pacific cod sideboard 
limits, and are not members of the FLCC. One entity owns a vessel named 
on an LLP license with Central GOA Pacific cod hook-and-line catcher/
processor endorsements; the other two entities each own a vessel named 
on LLP licenses with Western GOA Pacific cod hook-and-line catcher/
processor endorsements. These three entities are not directly regulated 
by this action because this action would not impose regulations on 
these vessels or the associated LLP licenses, or relieve them from 
regulation. These three entities may voluntarily choose to submit a 
request for removal of the sideboard limits under this action, but are 
not required to do so.

Reporting, Recordkeeping, and Other Compliance Requirements

    The reporting, recordkeeping, and other compliance requirements 
will increase slightly under the action if eligible participants in the 
Central or Western GOA agree to submit an affidavit to NMFS requesting 
removal of the CR Program GOA sideboard limits. The reporting, 
recordkeeping, and other compliance requirements will not change under 
the action if eligible participants in the Central or Western GOA do 
not submit an affidavit to NMFS requesting removal of the CR Program 
GOA sideboard limits.

Description of Significant Alternatives That Minimize Adverse Impacts 
on Small Entities

    A FRFA also requires a description of the steps the agency has 
taken to minimize the significant impact on small entities consistent 
with the stated objectives of applicable statutes, including a 
statement of the factual, policy, and legal reasons for selecting the 
alternative (Alternative 2 as modified by Option 1, described below) 
adopted in the final rule and why each of the other significant 
alternatives to the rule considered by the agency that affect the 
economic impact on small entities was rejected. The suite of potential 
actions includes two alternatives, one associated option, and one 
associated suboption. A detailed description of these alternatives and 
options is provided in section 1.6 of the Analysis prepared for this 
action.
    The Council considered two alternatives for this action. 
Alternative 1 is the status quo, which does not meet the objectives of 
the action. Alternative 2 would remove the CR Program GOA Pacific cod 
sideboard limits in either the Central GOA, Western GOA, or both 
regulatory areas. As part of Alternative 2, the Council and NMFS also 
considered an option and a suboption for removing the CR Program GOA 
Pacific cod sideboard limits. The option (i.e., this action) removes 
the CR Program GOA Pacific cod sideboard limits for the hook-and-line 
catcher/processor sector permanently if certain conditions are met by a 
specified date. The sub-option would have suspended the CR Program GOA 
Pacific cod sideboard limits for the hook-and-line catcher/processor 
sector on an annual basis if certain conditions are met annually.
    The option requires all hook-and-line catcher/processor LLP license 
holders that are authorized to target Pacific cod in the Central or 
Western GOA (i.e., eligible participants) to submit a form to NMFS 
requesting the permanent removal of the GOA Pacific cod sideboard limit 
in that regulatory area on a one-time basis. The option also requires 
the request to be submitted within one year of the date of publication 
in the Federal Register of the final rule implementing Amendment 45, if 
approved by the Secretary.
    The sub-option would have required all eligible participants to 
annually submit a form to NMFS requesting removal of the GOA Pacific 
cod sideboard limit in that regulatory area for the upcoming fishing 
year. Under the sub-option, if the annual form is not received by NFMS, 
the sideboard limits would not be removed for the following fishing 
year (i.e., January 1 through December 31).
    This action implements Alternative 2 with the option to permanently 
remove the CR Program GOA sideboard limits if each eligible participant 
in a regulatory area submits to NMFS a form requesting removal and 
provides that form to NMFS within the required timeline. The Council 
rejected the sub-option because the annual suspension of sideboards 
could create uncertainty for participants, result in additional 
administrative burden and costs, and potentially create management 
instability. Although this action does not directly regulate small 
entities, the preferred alternative is the only alternative in the 
suite of options and alternatives considered that reduces the burden on 
directly regulated entities and best meets the purpose and need for 
this action.

Collection-of-Information Requirements

    This rule contains a collection-of-information requirement subject 
to the Paperwork Reduction Act (PRA) and which has been approved by 
Office of Management and Budget (OMB) under control number 0648-0334. 
Public reporting burden for the Request to Extinguish Pacific Cod 
Sideboard Limits for Hook-and-Line Catcher/Processors in the Western or 
Central GOA is estimated to average 30 minutes per individual response, 
including the time for reviewing instructions, searching existing data 
sources, gathering and maintaining the data needed, and completing and 
reviewing the collection of information.
    Send comments on this burden estimate or any other aspect of this 
data collection, including suggestions for reducing the burden, to NMFS 
(see ADDRESSES), and by email to [email protected], or fax to 
202-395-5806.
    Notwithstanding any other provision of the law, no person is 
required to respond to, nor shall any person be subject to a 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.

[[Page 28545]]

List of Subjects

15 CFR Part 902

    Reporting and recordkeeping requirements.

50 CFR Part 680

    Alaska, Fisheries, Reporting and recordkeeping requirements.

    Dated: May 11, 2015.
Samuel D. Rauch III,
Deputy Assistant Administrator for Regulatory Programs, National Marine 
Fisheries Service.
    For the reasons set out in the preamble, NMFS amends 15 CFR part 
902 and 50 CFR part 680 as follows:

Title 15--Commerce and Foreign Trade

PART 902--NOAA INFORMATION COLLECTION REQUIREMENTS UNDER THE 
PAPERWORK REDUCTION ACT: OMB CONTROL NUMBERS

0
1. The authority citation for part 902 continues to read as follows:

    Authority: 44 U.S.C. 3501 et seq.


0
2. In Sec.  902.1, in the table in paragraph (b), under the entry ``50 
CFR'',add an entry in alphanumeric order for ``680.22'' to read as 
follows:


Sec.  902.1  OMB control numbers assigned pursuant to the Paperwork 
Reduction Act.

* * * * *
    (b) * * *

 
------------------------------------------------------------------------
                                                          Current OMB
CFR part or section where the information  collection  Control No.  (all
                requirement is located                   numbers begin
                                                          with 0648-)
------------------------------------------------------------------------
 
                                * * * * *
50 CFR:
 
                                * * * * *
680.22...............................................              -0334
 
                                * * * * *
------------------------------------------------------------------------

Title 50--Wildlife and Fisheries

PART 680--SHELLFISH FISHERIES OF THE EXCLUSIVE ECONOMIC ZONE OFF 
ALASKA

0
3. 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
4. In Sec.  680.22, revise paragraph (e) heading and introductory text, 
and paragraph (e)(1) to read as follows:


Sec.  680.22  Sideboard protections for GOA groundfish fisheries.

* * * * *
    (e) Conversion of sideboard ratios into annual sideboard harvest 
limits. NMFS will convert sideboard ratios into annual sideboard 
harvest limits according to the following procedures.
    (1) Annual sideboard harvest limits. (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 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.
    (ii) NMFS will not establish an annual sideboard harvest limit for 
Pacific cod for vessels that catch and process Pacific cod using hook-
and-line gear in the Central GOA Regulatory Area if all eligible 
participants request that the sideboard harvest limit be removed in 
accordance with the requirements of paragraph (e)(1)(ii)(A) of this 
section. NMFS will not establish an annual sideboard harvest limit for 
Pacific cod for vessels that catch and process Pacific cod using hook-
and-line gear in the Western GOA Regulatory Area if all eligible 
participants request that the sideboard harvest limit be removed in 
accordance with the requirements of paragraph (e)(1)(ii)(B) of this 
section. NMFS will publish notification of the removal of the sideboard 
harvest limit for Pacific cod for vessels that catch and process 
Pacific cod using hook-and-line gear in the Central GOA Regulatory Area 
or the Western GOA Regulatory Area through the annual GOA groundfish 
harvest specifications (see Sec.  679.20(c)(1)(iii) and (c)(3)(ii)).
    (A) Central GOA. For the Central GOA Regulatory Area (Statistical 
Areas 620 and 630; see Figure 3 to 50 CFR part 679), the holders of all 
LLP licenses listed in Column A of Table 10 to this part must submit to 
NMFS a completed Request to Extinguish Pacific Cod Sideboard Limits for 
Hook-and-Line Catcher/Processors in the Western or Central GOA, and the 
request must be received by NMFS on or before May 18, 2016.
    (B) Western GOA. For the Western GOA Regulatory Area (Statistical 
Area 610; see Figure 3 to 50 CFR part 679), the holders of all LLP 
licenses listed in Column B of Table 10 to this part must submit to 
NMFS a completed Request to Extinguish Pacific Cod Sideboard Limits for 
Hook-and-Line Catcher/Processors in the Western or Central GOA, and the 
request must be received by NMFS on or before May 18, 2016.
* * * * *

0
5. Add Table 10 to part 680 to read as follows:

  Table 10 to Part 680--License Limitation Program License Numbers That
  Authorize the Owners and Operators of Catcher/Processors to Directed
   Fish for Pacific Cod With Hook-and-Line Gear in the Central Gulf of
   Alaska Regulatory Area (Column A) and in the Western Gulf of Alaska
                       Regulatory Area (Column B)
------------------------------------------------------------------------
                 Column A:                            Column B:
------------------------------------------------------------------------
LLG1125...................................  LLG1400.
LLG1128...................................  LLG1401.
LLG1400...................................  LLG1576.
LLG1576...................................  LLG1578.
LLG1713...................................  LLG1785.
LLG1785...................................  LLG1916.
LLG1916...................................  LLG1917.
LLG1917...................................  LLG2026.
LLG1989...................................  LLG2081.
LLG2081...................................  LLG2112.
LLG2112...................................  LLG2892.
LLG2238...................................  LLG2935.
LLG2705...................................  LLG3090.
LLG2783...................................  LLG3602.
LLG2892...................................  LLG3617.
LLG2958...................................  LLG3676.
LLG3609...................................  LLG4004.
LLG3616...................................  LLG4823.
LLG3617.
LLG3676.
LLG3681.
LLG3973.
LLG4823.
------------------------------------------------------------------------

[FR Doc. 2015-12066 Filed 5-18-15; 8:45 am]
 BILLING CODE 3510-22-P



                                                                Federal Register / Vol. 80, No. 96 / Tuesday, May 19, 2015 / Rules and Regulations                                         28539

                                            an adverse comment to the rule and is                   DEPARTMENT OF COMMERCE                                   • The Regulatory Impact Review/
                                            required by 14 CFR 11.31(c) to                                                                                Initial Regulatory Flexibility Analysis
                                            withdraw a direct final rule if the                     National Oceanic and Atmospheric                      (RIR/IRFA), and the Categorical
                                            agency receives any adverse comment or                  Administration                                        Exclusion prepared for this action
                                            notice of intent to file any adverse                                                                          (collectively referred to as the
                                            comment. We received a comment from                     15 CFR Part 902                                       ‘‘Analysis’’);
                                            an individual pilot who objected to the                                                                          • The Harvest Specifications
                                            prohibition of fixed-wing SVFR                          50 CFR Part 680                                       Supplemental Information Report (SIR)
                                            operations at IAD. The commenter                        [Docket No. 130820737–5408–02]                        prepared for the final 2015 and 2016
                                            stated that the blanket prohibition of                                                                        harvest specifications;
                                                                                                    RIN 0648–BD61                                            • The Final Environmental
                                            SVFR was inappropriate and
                                                                                                                                                          Assessment/Final RIR/IRFA for
                                            unnecessary. The commenter further                      Fisheries of the Exclusive Economic                   Amendment 83 to the Fishery
                                            stated that he had personally used SVFR                 Zone Off Alaska; Bering Sea and                       Management Plan for Groundfish of the
                                            twice in the last few years to land at IAD              Aleutian Islands Crab Rationalization                 Gulf of Alaska (GOA FMP) Allocation of
                                            to participate in an event at the                       Program; Amendment 45; Pacific Cod                    Pacific Cod Among Sectors in the
                                            Smithsonian National Air and Space                      Sideboard Allocations in the Gulf of                  Western and Central GOA; and
                                            Museum’s Steven F. Udvar-Hazy Center,                   Alaska                                                   • The Alaska Groundfish Harvest
                                            which is located adjacent to IAD. The                   AGENCY:  National Marine Fisheries                    Specifications Final Environmental
                                            commenter further suggested that the                    Service (NMFS), National Oceanic and                  Impact Statement (Harvest
                                            IAD control tower should approve or                     Atmospheric Administration (NOAA),                    Specifications EIS).
                                            disapprove SVFR operations on a case-                   Commerce.                                                Written comments regarding the
                                            by-case basis.                                          ACTION: Final rule.                                   burden-hour estimates or other aspects
                                              The FAA has determined that the                                                                             of the collection of information
                                            comment meets the requirements for                      SUMMARY:   NMFS publishes regulations                 requirements contained in this final rule
                                            consideration as an adverse comment                     to implement Amendment 45 to the                      may be submitted by mail to NMFS,
                                            per § 11.31(a). In accordance with the                  Fishery Management Plan for Bering                    Alaska Region, P.O. Box 21668, Juneau,
                                                                                                    Sea/Aleutian Islands King and Tanner                  AK 99802–1668, Attn: Ellen Sebastian,
                                            provisions of § 11.31(c), the FAA
                                                                                                    Crabs (Crab FMP). Amendment 45                        Records Officer; in person at NMFS,
                                            withdraws the direct final rule.
                                                                                                    establishes, for a limited period of time,            Alaska Region, 709 West 9th Street,
                                            Conclusion                                              a process for NMFS to permanently                     Room 420A, Juneau, AK; or by email to
                                                                                                    remove Pacific cod catch limits, known                OIRA_submission@omb.eop.gov or fax
                                               Withdrawal of Amendment No. 91–                      as sideboard limits, which are                        to 202–395–5806.
                                            337 does not preclude the FAA from                      applicable to certain hook-and-line                   FOR FURTHER INFORMATION CONTACT:
                                            issuing rulemaking on the subject in the                catcher/processors in the Central and                 Rachel Baker, 907–586–7228
                                            future, nor does it commit the agency to                Western Gulf of Alaska (GOA)                          SUPPLEMENTARY INFORMATION: This final
                                            any future course of action. The agency                 Regulatory Areas. This action authorizes              rule implements Amendment 45 to the
                                            may also make any future necessary                      NMFS to remove these Pacific cod                      Crab FMP. The king and Tanner crab
                                            changes to the Code of Federal                          sideboard limits in the Central and/or                fisheries in the exclusive economic zone
                                            Regulations through a notice of                         Western GOA if each eligible participant              (EEZ) of the Bering Sea and Aleutian
                                            proposed rulemaking with opportunity                    in the hook-and-line catcher/processor                Islands are managed under the Crab
                                            for public comment. Therefore, the FAA                  sector in a regulatory area signs and                 FMP. While the groundfish fisheries in
                                            withdraws Amendment No. 91–337                          submits a request that NMFS remove the                the EEZ of the Gulf of Alaska are
                                            published at 80 FR 15887, March 26,                     sideboard limit. Each eligible                        managed primarily under the Fishery
                                            2015.                                                   participant will be required to submit                Management Plan for Groundfish of the
                                                                                                    the request to NMFS within 1 year of                  Gulf of Alaska (GOA FMP), some
                                              Issued under authority provided by 49                 the date of publication of this final rule.
                                            U.S.C. 106(f), 44701(a), and 44703 in                                                                         aspects of groundfish fishing in the Gulf
                                                                                                    This action is necessary to provide                   of Alaska are managed under the Crab
                                            Washington, DC, on May 13, 2015.
                                                                                                    participants in the Central and Western               FMP.
                                            Jodi S. McCarthy,                                       GOA hook-and-line catcher/processor                      NMFS published the Notice of
                                            Director, Airspace Services.                            sectors with an opportunity to                        Availability for Amendment 45 in the
                                            [FR Doc. 2015–12047 Filed 5–18–15; 8:45 am]             cooperatively coordinate harvests of                  Federal Register on February 2, 2015
                                            BILLING CODE 4910–13–P                                  Pacific cod through private arrangement               (80 FR 5499), with a 60-day comment
                                                                                                    to the participants’ mutual benefit,                  period that ended April 3, 2015. The
                                                                                                    which would remove the need for                       Secretary approved Amendment 45 on
                                                                                                    sideboard limits in these regulatory                  April 29, 2015, after accounting for
                                                                                                    areas. This action is intended to                     information from the public, and
                                                                                                    promote the goals and objectives of the               determining that Amendment 45 is
                                                                                                    Crab FMP, the Magnuson-Stevens                        consistent with the Crab FMP, the
                                                                                                    Fishery Conservation and Management                   Magnuson-Stevens Act, and other
                                                                                                    Act (Magnuson-Stevens Act), and other                 applicable law. NMFS published a
                                                                                                    applicable law.                                       proposed rule for Amendment 45 on
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                                                                                                    DATES: Effective June 18, 2015.                       February 12, 2015 (80 FR 7817). The 30-
                                                                                                    ADDRESSES: Electronic copies of the                   day comment period on the proposed
                                                                                                    following documents may be obtained                   rule ended March 16, 2015. NMFS
                                                                                                    from http://www.regulations.gov or from               received one comment letter during the
                                                                                                    the NMFS Alaska Region Web site at                    comment periods on Amendment 45
                                                                                                    http://alaskafisheries.noaa.gov:                      and the proposed rule. A summary of


                                       VerDate Sep<11>2014   16:52 May 18, 2015   Jkt 235001   PO 00000   Frm 00003   Fmt 4700   Sfmt 4700   E:\FR\FM\19MYR1.SGM   19MYR1


                                            28540               Federal Register / Vol. 80, No. 96 / Tuesday, May 19, 2015 / Rules and Regulations

                                            the comment and NMFS’ response is                       specifications process. Sideboard limits              other than crab. The Council and NMFS
                                            provided in the Comment and Response                    constrain harvests by specific vessels                recognized that the benefits of the CR
                                            section of this preamble.                               based on regulatory requirements                      Program could create incentives for
                                                                                                    established under various management                  recipients of snow crab QS to increase
                                            Background
                                                                                                    programs. Sideboard limits are                        their level of participation in groundfish
                                              A detailed review of the provisions of                calculated as a portion of the TACs for               fisheries, especially Pacific cod fisheries
                                            Amendment 45, the implementing                          some groundfish species and                           in the Central and Western GOA.
                                            regulations, and the rationale for these                established in the annual harvest                     Therefore, Federal regulations
                                            regulations is provided in the preamble                 specifications. The resulting sideboard               implementing the CR Program
                                            to the proposed rule (79 FR 36702, June                 limits for Pacific cod, expressed in                  established CR Program GOA sideboards
                                            30, 2014) and is not repeated here. The                 metric tons, are published in the annual              to limit the potential adverse effects of
                                            proposed rule is available from the                     GOA groundfish harvest specification                  the CR Program on GOA groundfish
                                            NMFS Alaska Region Web site (see                        notices (for the most recent example, see             fisheries. These sideboards prevent CR
                                            ADDRESSES).                                             80 FR 10250, February 25, 2015).                      Program participants from preempting
                                              This final rule establishes, for a                       Under this final rule, the GOA Pacific             fishermen in the GOA that did not
                                            limited period of time, a regulatory                    cod OFL, ABC, TACs, and sector                        receive benefits from the CR Program.
                                            process for NMFS to permanently                         allocations will continue to be                          During a fishing year, NMFS manages
                                            remove Pacific cod catch limits, known                  established through the annual GOA                    CR Program GOA Pacific cod sideboard
                                            as sideboard limits, that are applicable                harvest specifications process. NMFS                  limits by tracking all catch of vessels
                                            to some participants in the Central GOA                 will continue to manage Pacific cod in                subject to a sideboard limit to make sure
                                            Regulatory Area (Central GOA) and                       the GOA by limiting harvests to the                   the sideboard limits are not exceeded.
                                            Western GOA Regulatory Area (Western                    established TACs and sector allocations.              NMFS will prohibit directed fishing for
                                            GOA) hook-and-line catcher/processor                    Therefore, this final rule does not                   GOA Pacific cod in a specific regulatory
                                            sectors. This final rule preamble                       increase the likelihood that an OFL,                  area by vessels subject to the CR
                                            provides a brief description of Pacific                 ABC, TAC, or sector catch limit will be               Program GOA Pacific cod sideboard
                                            cod fishery management for the Central                  exceeded. See the preamble to the                     limit through the annual harvest
                                            and Western GOA hook-and-line                           proposed rule and sections 1.5.2 and 3.2              specifications if NMFS determines at
                                            catcher/processor sectors and the                       of the Analysis for additional details.               the start of the fishing year that the CR
                                            management provisions that apply to                        NMFS also manages Pacific cod                      Program GOA Pacific cod sideboard
                                            Amendment 45 and this final rule.                       fisheries through the License Limitation              limit is insufficient to support a directed
                                            Management of Pacific Cod in the                        Program (LLP). A vessel is required to                fishery by those vessels (see regulations
                                            Central and Western GOA                                 be named on an LLP license before it                  at § 680.22(e)(2) and (3)).
                                                                                                    can be deployed to directed fish (i.e.,                  The preamble to the proposed rule
                                               NMFS implements conservation and                     specifically target) for Pacific cod in               and section 1.6 of the Analysis describe
                                            management measures, such as catch                      Federal waters of the GOA. NMFS has                   that some of the vessels and LLP
                                            limits, to prevent overfishing while                    issued a specific number of LLP                       licenses active in the hook-and-line
                                            achieving the optimum yield in                          licenses, which establish an upper limit              catcher/processor sector are subject to
                                            federally managed fisheries. Catch                      on the total number of potential                      CR Program GOA Pacific cod sideboard
                                            limits for GOA Pacific cod are                          participants in GOA Pacific cod                       limits. The hook-and-line catcher/
                                            established as part of the annual harvest               fisheries. LLP licenses must have the                 processor sector operating in the EEZ off
                                            specifications process for GOA                          necessary endorsements to directed fish               Alaska currently consists of 36 vessels.
                                            groundfish. The North Pacific Fishery                   for Pacific cod in the GOA. Specific to               NMFS has determined that eight of
                                            Management Council (Council) annually                   this final rule, participants in the                  these 36 vessels are subject to the CR
                                            recommends, and NMFS specifies, an                      Central GOA and Western GOA hook-                     Program GOA Pacific cod sideboard
                                            amount of catch at which overfishing is                 and-line catcher/processor sectors must               limits. The Federal Fisheries Permit
                                            occurring (i.e., overfishing limit or                   have an LLP license with endorsements                 (FFP) issued by NMFS to each of these
                                            OFL), an acceptable biological catch                    assigned for (1) Central GOA or Western               eight vessels includes a designation
                                            (ABC), and a total allowable catch (TAC)                GOA, (2) hook-and-line gear, (3)                      indicating that the vessel is subject to
                                            for each stock or stock complex (i.e.,                  catcher/processor, and (4) Pacific cod.               the CR Program GOA Pacific cod
                                            species or species group). Separate                                                                           sideboard limits. Of the LLP licenses
                                            TACs are calculated using the                           GOA Pacific Cod Sideboard Limits
                                                                                                                                                          that authorize a vessel to participate in
                                            apportionment of TAC for specific                       Established Under the BSAI Crab
                                                                                                                                                          the Central and/or Western GOA Pacific
                                            regulatory areas to limit catch and                     Rationalization Program
                                                                                                                                                          cod hook-and-line catcher/processor
                                            ensure that fisheries can be effectively                   The Bering Sea and Aleutian Islands                sector, NMFS has determined that five
                                            managed. Specific to this final rule, the               (BSAI) Crab Rationalization Program                   LLP licenses are subject to the CR
                                            Council recommends, and NMFS                            (CR Program) was implemented in 2005                  Program GOA Pacific cod sideboard
                                            implements an OFL and ABC for Pacific                   and established a catch share program                 limits. These five LLP licenses include
                                            cod in the GOA, and separate TACs for                   that allocates BSAI crab resources                    a designation indicating that the license
                                            the Eastern, Central, and Western GOA                   among harvesters, processors, and                     is subject to the CR Program GOA
                                            Pacific cod fisheries. NMFS apportions                  coastal communities. As part of the CR                Pacific cod sideboard limits.
                                            each TAC among various gear types                       Program, eligible vessel owners and
                                            (e.g., pot or trawl gear), operation types              vessel captains were allocated quota                  Allocations of Pacific Cod in the GOA
                                            (e.g., catcher vessels and catcher/                     share (QS) in several valuable crab                      CR Program GOA Pacific cod
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                                            processors), and sectors (e.g., hook-and-               fisheries, including the Bering Sea snow              sideboard limits constrain the harvest of
                                            line catcher/processors) as required by                 crab (Chionoecetes opilio) fishery. The               GOA Pacific cod by vessels and holders
                                            regulation (see regulations at                          CR Program provides increased                         of license limitation program (LLP)
                                            § 680.20(a)). Similarly, the Council                    flexibility for crab fishermen to choose              licenses that were used to harvest
                                            recommends and NMFS establishes                         when and where to fish or whether to                  specific amounts of Pacific cod in the
                                            sideboard limits as part of the harvest                 lease their crab QS and fish for species              GOA and snow crab in the Bering Sea


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                                                                Federal Register / Vol. 80, No. 96 / Tuesday, May 19, 2015 / Rules and Regulations                                           28541

                                            and Aleutian Islands Management Area.                   relative to the sideboard limits. The                 complete and submit to NMFS the form
                                            Originally, the CR Program GOA Pacific                  proposed rule preamble and sections 1.5               requesting removal of the CR Program
                                            cod sideboard limits for the Eastern,                   and 1.6 of the Analysis provide                       GOA Pacific cod sideboard limit in the
                                            Central, and Western GOA were                           additional detail on the impacts of                   Central GOA. Similarly, each holder of
                                            calculated using the Pacific cod TACs                   Amendment 83 on participants in the                   an LLP license with Western GOA
                                            for each area. With the implementation                  Central and Western GOA hook-and-line                 endorsements listed in Table 10 to Part
                                            of Amendment 83 to the Fishery                          catcher/processor sectors who are                     680 will be required to complete and
                                            Management Plan for Gulf of Alaska                      subject to CR Program GOA Pacific cod                 submit to NMFS the form requesting
                                            Groundfish in 2012, the CR Program                      sideboard limits.                                     removal of the CR Program GOA
                                            GOA Pacific cod sideboard limits in the                                                                       sideboard limit in the Western GOA.
                                                                                                    Implementation of This Action                            This final rule modifies regulations at
                                            Central and Western GOA are calculated
                                            using the apportionment of Pacific cod                     This final rule is necessary to provide            50 CFR 680.22(e) that require NMFS to
                                            TAC established for specific gear types                 participants in the Central and Western               establish Pacific cod sideboard limits for
                                            (e.g., hook-and-line gear, pot gear) and                GOA hook-and-line catcher/processor                   hook-and-line catcher/processors during
                                            by operation type (i.e., catcher/                       sectors with an opportunity to                        the annual harvest specification process.
                                            processor vessels, catcher vessels). CR                 cooperatively coordinate harvests of                  Under this final rule, NMFS will not
                                            Program GOA Pacific cod sideboard                       Pacific cod through private arrangement               establish these sideboard limits for the
                                            limits in the Central and Western GOA                   to the participants’ mutual benefit,                  Central or Western GOA if all
                                            for vessels using hook-and-line gear and                which would remove the need for                       participants eligible to use a hook-and-
                                            operating as catcher/processors (the                    current regulations that impose                       line catcher/processor to fish for Pacific
                                            hook-and-line catcher/processor sector)                 sideboard harvest restrictions on some                cod in the regulatory area sign and
                                            are now much smaller than they were                     participants in the sectors. This final               submit to NMFS a request that NMFS
                                            prior to Amendment 83. As a result,                     rule establishes regulatory conditions                remove the sideboard limit for that
                                            NMFS prohibits directed fishing for                     that must be met prior to the removal of              regulatory area.
                                            Pacific cod in the Central and Western                  CR Program GOA Pacific cod sideboard                     Each eligible participant will be
                                            GOA by participants in the hook-and-                    limits for the hook-and-line catcher/                 required to submit that request to NMFS
                                            line catcher/processor sector who are                   processor sectors in the Central and/or               on or before May 18, 2016. Each eligible
                                            subject to CR Program GOA Pacific cod                   Western GOA. NMFS will remove the                     participant in the Central and/or
                                            sideboard limits so that these small                    sideboard limits if each person holding               Western GOA must sign an affidavit,
                                            sideboard limits are not exceeded. The                  an LLP license or LLP licenses with                   included on a form, to request that
                                            proposed rule preamble describes that                   endorsements that authorize directed                  NMFS no longer establish Pacific cod
                                            Amendment 83 did not change Pacific                     fishing for Pacific cod as a hook-and-                sideboard limits for the hook-and-line
                                            cod management in the Eastern GOA                       line catcher/processor in the Central or              catcher/processor sector in the Central
                                            because the same level of competition,                  Western GOA (i.e., eligible participants)             and/or Western GOA. If NMFS receives
                                            or race for fish, did not exist in the                  provides NMFS with a signed form                      the required affidavits during the 1-year
                                            Eastern GOA compared to the Central                     requesting that NMFS remove the                       period, NMFS will announce the
                                            and Western GOA. As a result, the CR                    Pacific cod sideboard limit for that                  permanent removal of the Central and/
                                            Program GOA Pacific cod sideboard                       regulatory area.                                      or Western GOA sideboard limits during
                                            limits in the Eastern GOA were not                         Under this final rule, NMFS will not               the annual GOA groundfish
                                            recalculated for gear and operation type.               remove the Pacific cod sideboard limit                specification process and will no longer
                                                                                                    for the Central or Western GOA unless                 establish Pacific cod sideboard limits for
                                            The Effect of Pacific Cod Sideboard                     each eligible participant in the Central              the hook-and-line catcher/processor
                                            Limits on Hook-and-Line Catcher/                        or Western GOA submits to NMFS a                      sector in the Central and/or Western
                                            Processors in the Central and Western                   completed Request to Extinguish Pacific               GOA. If NMFS does not receive the
                                            GOA                                                     Cod Sideboard Limit in the Central or                 required affidavits on or before May 18,
                                               The CR Program GOA Pacific cod                       Western GOA. As described in the                      2016, NMFS will continue to establish
                                            sideboard limits affected the eight                     preamble to the proposed rule, the                    GOA Pacific cod sideboard limits for the
                                            vessels and the five LLP licenses subject               holders of LLP licenses with the                      hook-and-line catcher/processor sectors
                                            to the sideboard limits differently                     necessary endorsements, rather than                   through the annual GOA groundfish
                                            starting in 2012 under Amendment 83                     vessels owners, represent the universe                specification process and the
                                            than under management provisions                        of eligible fishery participants in the               opportunity to remove them will expire.
                                            when the CR Program was first                           Central and Western GOA hook-and-line                    Although this final rule is intended to
                                            implemented in 2006 through 2011.                       catcher/processor sectors. This final rule            provide an opportunity for coordination
                                            Since the implementation of                             adds Table 10 to Part 680 to identify the             and cooperation among all eligible
                                            Amendment 83, NMFS has prohibited                       23 LLP licenses with endorsements that                participants in both the Central and
                                            directed fishing by participants subject                authorize a vessel to catch and process               Western GOA, this final rule allows the
                                            to CR Program GOA Pacific cod                           Pacific cod at-sea using hook-and-line                eligible participants to submit requests
                                            sideboard limits in the hook-and-line                   gear in the Central GOA, and the 18 LLP               for each regulatory area separately.
                                            catcher/processor sector in the Central                 licenses with endorsements that                       Therefore, a CR Program GOA Pacific
                                            and Western GOA. NMFS has made this                     authorize a vessel to catch and process               cod sideboard limit could be removed
                                            determination each year based on the                    Pacific cod at-sea using hook-and-line                for one regulatory area without
                                            small amount of the sideboard limits,                   gear in the Western GOA. The holders                  requiring all eligible participants in both
                                            the need to account for incidental catch                of the LLP licenses listed in Table 10 to             areas to agree.
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                                            of Pacific cod by sideboarded hook-and-                 Part 680 comprise the universe of                        This final rule adds regulations at
                                            line catcher/processors in other                        participants eligible to request removal              § 680.22(e)(1)(ii) to clarify that NMFS
                                            groundfish fisheries in the Central and                 of a GOA Pacific cod sideboard limit.                 will not establish CR Program GOA
                                            Western GOA, and the potential catch                    Each holder of an LLP license with                    Pacific cod sideboard limits for the
                                            rates of Pacific cod by sideboarded                     Central GOA endorsements listed in                    hook-and-line catcher/processor sector
                                            hook-and-line catcher/processors                        Table 10 to Part 680 will be required to              in a regulatory area through the annual


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                                            28542               Federal Register / Vol. 80, No. 96 / Tuesday, May 19, 2015 / Rules and Regulations

                                            harvest specification process if NMFS                   Changes From the Proposed Rule                        as the level above which overfishing is
                                            receives completed request forms from                     NMFS made no changes from the                       occurring for a species or species group.
                                            all eligible participants in a regulatory               proposed to final rule.                               NMFS manages fisheries in an effort to
                                            area by the deadline. CR Program GOA                                                                          ensure that no OFLs are exceeded in any
                                            Pacific cod sideboard limits are                        OMB Revisions to Paperwork                            year. Section 3.2.4.3 of the GOA FMP
                                            currently implemented through the                       Reduction Act References in 15 CFR                    clarifies that if catch is approaching an
                                            annual harvest specification process;                   902.1(b)                                              OFL, NMFS will prevent overfishing by
                                            therefore, CR program GOA Pacific cod                      Section 3507(c)(B)(i) of the PRA                   closing specific fisheries identified by
                                            sideboard limits could not be removed                   requires that agencies inventory and                  gear and area that incur the greatest
                                            immediately upon receipt by NMFS of                     display a current control number                      catch. Closures expand to other fisheries
                                            the required forms. NMFS will remove                    assigned by the Director, OMB, for each               if the rate of take is not sufficiently
                                            a CR Program GOA Pacific cod                            agency information collection. Section                slowed. Regulations at § 679.20(d)(1),
                                                                                                    902.1(b) identifies the location of NOAA              (d)(2), and (d)(3) define the process
                                            sideboard limit for the hook-and-line
                                                                                                    regulations for which OMB approval                    NMFS uses to limit or prohibit fishing
                                            catcher/processor sector during the next
                                                                                                    numbers have been issued. Because this                to prevent overfishing and maintain
                                            annual harvest specification cycle for                                                                        total catch at or below the OFL.
                                            GOA groundfish.                                         final rule revises and adds data
                                                                                                                                                             Amendment 45 and this final rule
                                                                                                    elements within a collection-of-
                                               This final rule does not require                                                                           establish a process for NMFS to remove
                                                                                                    information for recordkeeping and                     GOA Pacific cod sideboard limits. The
                                            eligible participants to enter into a
                                                                                                    reporting requirements, 15 CFR 902.1(b)               GOA Pacific cod sideboard limits are an
                                            private contractual agreement to
                                                                                                    is revised to reference correctly the                 additional level of harvest limits within
                                            coordinate fishing practices within that                sections resulting from this final rule.
                                            regulatory area prior to submitting to                                                                        the GOA Pacific cod sector allocations.
                                            NMFS the required forms requesting                      Comment and Response                                  Removal of sideboard limits does not
                                            removal of a CR Program GOA Pacific                                                                           mean the GOA Pacific cod fisheries will
                                                                                                       During the public comment periods
                                            cod sideboard limit. If the holders of the                                                                    not have a harvest limit. The proposed
                                                                                                    for the Notice of Availability for
                                            LLP licenses listed in Table 10 to Part                                                                       rule preamble and sections 1.5.2 and 3.2
                                                                                                    Amendment 45 and the proposed rule to
                                            680 are unable, or unwilling, to agree to                                                                     of the Analysis describe that Pacific cod
                                                                                                    implement Amendment 45, NMFS
                                            request that NMFS remove a CR                                                                                 OFLs, ABCs, TACs, and sector
                                                                                                    received one comment letter that did                  allocations will continue to be
                                            Program GOA Pacific cod sideboard                       not support Amendment 45 and the                      established through the annual GOA
                                            limit in a regulatory area within the                   proposed rule. A summary of the                       harvest specifications process.
                                            time provided, the sideboard limit for                  comment received and NMFS’ response                   Amendment 45 and this final rule do
                                            that regulatory area will continue to                   follows.                                              not change or otherwise supersede that
                                            apply. Maintaining the CR Program                          Comment: Amendment 45 is not                       process. NMFS will continue to manage
                                            GOA Pacific cod sideboard limits—if                     consistent with National Standard 1 of                Pacific cod in the GOA by limiting
                                            unanimous agreement for their removal                   the Magnuson-Stevens Act because it                   harvests to the established TACs and
                                            is not reached by the eligible                          does not prevent overfishing while                    sector allocations as specified in
                                            participants—is consistent with the                     achieving the optimum yield of fish                   regulations at § 679.20. Therefore, this
                                            objectives of sideboard management as                   stocks. Under Amendment 45, industry                  final rule does not increase the
                                            established by the CR Program and the                   participants would utilize self-                      likelihood that an OFL, ABC, TAC, or
                                            sideboard limit calculation method                      regulation and private contractual                    sector catch limit will be exceeded. A
                                            established under regulations                           agreements to limit GOA Pacific cod                   detailed description of the annual
                                            implementing Amendment 83.                              harvests if all operations consent to                 harvest specification process is
                                            Removing sideboard limits without                       eliminating GOA Pacific cod sideboard                 provided in the Harvest Specifications
                                            unanimous agreement of all of the                       limits. This self-regulation would lead               SIR prepared for the final 2015 and 2016
                                            eligible participants could indicate that               to overfishing because industry                       harvest specifications and the Alaska
                                            eligible participants have not agreed to                participants do not have sufficient                   Groundfish Harvest Specifications EIS
                                            coordinate harvests. This could increase                biological information to establish                   (see ADDRESSES).
                                            the likelihood of a race for fish and                   sustainable catch limits. Furthermore,                   The Council determined, and NMFS
                                            could allow those who received QS                       individual fishing operations have a                  agrees, that Amendment 45 and this
                                            under the CR Program to expand their                    significant economic incentive to agree               final rule are necessary to provide
                                            efforts in the GOA Pacific cod fisheries.               to eliminate the Pacific cod sideboard                participants in the Central and Western
                                            Such a result would not be consistent                   catch limits and then engage in                       GOA hook-and-line catcher/processor
                                            with the goals of the CR Program or the                 overfishing in order to increase fishing              sectors with an opportunity to
                                            Council’s objectives for this action.                   revenue.                                              cooperatively coordinate harvests of
                                                                                                       Response: NMFS has determined that                 Pacific cod through private arrangement
                                               This final rule does not modify the CR               Amendment 45 and this final rule are                  to the participants’ mutual benefit,
                                            Program GOA Pacific cod sideboard                       consistent with the Magnuson-Stevens                  which would remove the need for
                                            limits for hook-and-line catcher/                       Act, the Crab FMP, and other applicable               sideboard limits in these regulatory
                                            processors in the Eastern GOA. As                       law. Under Amendment 45 and this                      areas. The preamble to the proposed
                                            explained in the preamble to the                        final rule, the Council and NMFS will                 rule (79 FR 36702, June 30, 2014) and
                                            proposed rule, this action does not                     continue to manage the Pacific cod                    section 1.4 of the Analysis describe that
                                            remove the sideboard designations on                    fisheries in the GOA to prevent                       Amendment 45 and this final rule are
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                                            the FFPs for the eight sideboarded                      overfishing while achieving, on a                     intended to balance the Council’s
                                            vessels or the five sideboarded LLP                     continuing basis, the optimum yield                   competing objectives: (1) To relieve the
                                            licenses, and these vessels and LLP                     from each fishery, consistent with                    CR Program GOA Pacific cod sideboard
                                            licenses will still be subject to a CR                  National Standard 1 of the Magnuson-                  limits for some vessels and LLP licenses
                                            Program Pacific cod sideboard limit if                  Stevens Act and the GOA FMP. Section                  that benefitted from allocations under
                                            they are used in the Eastern GOA.                       3.2.1 of the GOA FMP defines the OFL                  the CR program, and (2) to protect the


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                                                                Federal Register / Vol. 80, No. 96 / Tuesday, May 19, 2015 / Rules and Regulations                                           28543

                                            GOA-only participants from adverse                      of any change made to the proposed rule               small business if it is independently
                                            impacts that may result from removal of                 in the final rule as a result of the                  owned and operated, is not dominant in
                                            those sideboard limits.                                 comments; (4) a description of and an                 its field of operation (including its
                                                                                                    estimate of the number of small entities              affiliates), and has combined annual
                                            Classification
                                                                                                    to which the rule will apply or an                    employment, counting all individuals
                                              The Administrator, Alaska Region,                     explanation of why no such estimate is                employed on a full-time, part-time, or
                                            NMFS, determined that Amendment 45                      available; (5) a description of the                   other basis, not in excess of 500
                                            to the Crab FMP is necessary for the                    projected reporting, recordkeeping and                employees for all its affiliated
                                            conservation and management of the                      other compliance requirements of the                  operations worldwide. For seafood
                                            GOA groundfish fishery and that it is                   rule, including an estimate of the classes            dealers/wholesalers, the same qualifiers
                                            consistent with the Crab FMP, GOA                       of small entities which will be subject               apply, except the employment threshold
                                            FMP, the Magnuson-Stevens Act, and                      to the requirement and the type of                    is 100 employees. In determining a
                                            other applicable laws.                                  professional skills necessary for                     concern’s number of employees, SBA
                                                                                                    preparation of the report or record; and              counts all individuals employed on a
                                            Small Entity Compliance Guide
                                                                                                    (6) a description of the steps the agency             full-time, part-time, or other basis. This
                                               Section 212 of the Small Business                    has taken to minimize the significant                 includes employees obtained from a
                                            Regulatory Enforcement Fairness Act of                  economic impact on small entities                     temporary employee agency,
                                            1996 states that, for each rule or group                consistent with the stated objectives of              professional employee organization or
                                            of related rules for which an agency is                 applicable statutes, including a                      leasing concern. SBA will consider the
                                            required to prepare a final regulatory                  statement of the factual, policy, and                 totality of the circumstances, including
                                            flexibility analysis (FRFA), the agency                 legal reasons for selecting the alternative           criteria used by the Internal Revenue
                                            shall publish one or more guides to                     adopted in the final rule and why each                Service (IRS) for Federal income tax
                                            assist small entities in complying with                 one of the other significant alternatives             purposes, in determining whether
                                            the rule, and shall designate such                      to the rule considered by the agency                  individuals are employees of a concern.
                                            publications as ‘‘small entity                          which affect the impact on small                      Volunteers (i.e., individuals who receive
                                            compliance guides.’’ The agency shall                   entities was rejected.                                no compensation, including no in-kind
                                            explain the actions a small entity is                      The ‘‘universe’’ of entities to be                 compensation, for work performed) are
                                            required to take to comply with a rule                  considered in a FRFA generally                        not considered employees. Where the
                                            or group of rules. The preamble to the                  includes only those small entities that               size standard is number of employees,
                                            proposed rule and this final rule serve                 can reasonably be expected to be                      the method for determining a concern’s
                                            as the small entity compliance guide.                   directly regulated by the final rule. If the          size includes the following principles:
                                            This action does not require any                        effects of the rule fall primarily on a               (1) The average number of employees of
                                            additional compliance from small                        distinct segment of the industry, or                  the concern used (including the
                                            entities that is not described in the                   portion thereof (e.g., user group, gear               employees of its domestic and foreign
                                            preambles. Copies of this final rule are                type, geographic area), that segment                  affiliates) based upon numbers of
                                            available from NMFS at the following                    would be considered the universe for                  employees for each of the pay periods
                                            Web site: http://                                       purposes of this analysis.                            for the preceding completed 12 calendar
                                            alaskafisheries.noaa.gov.                                  The Small Business Administration                  months; (2) part-time and temporary
                                                                                                    (SBA) has established size standards for              employees are counted the same as full-
                                            Executive Order 12866                                   all major industry sectors in the U.S.,               time employees.
                                              This rule has been determined to be                   including commercial finfish harvesters
                                            not significant for purposes of Executive               (NAICS code 114111), commercial                       Need for and Objectives of This Action
                                            Order 12866.                                            shellfish harvesters (NAICS code                        A statement of the need for, and
                                                                                                    114112), other commercial marine                      objectives of, the rule is contained in the
                                            Final Regulatory Flexibility Analysis
                                                                                                    harvesters (NAICS code 114119), for-                  preamble to this final rule and is not
                                               Section 604 of the Regulatory                        hire businesses (NAICS code 487210),                  repeated here.
                                            Flexibility Act (RFA) requires that,                    marinas (NAICS code 713930), seafood
                                            when an agency promulgates a final rule                 dealers/wholesalers (NAICS code                       Summary of Significant Issues Raised
                                            under section 553 of Title 5 of the U.S.                424460), and seafood processors (NAICS                During Public Comment
                                            Code, after being required by that                      code 311710). A business primarily                       NMFS published a proposed rule on
                                            section, or any other law, to publish a                 involved in finfish harvesting is                     February 12, 2015 (80 FR 7817). An
                                            general notice of proposed rulemaking,                  classified as a small business if it is               initial regulatory flexibility analysis
                                            the agency shall prepare a final                        independently owned and operated, is                  (IRFA) was prepared and summarized in
                                            regulatory flexibility analysis.                        not dominant in its field of operation                the ‘‘Classification’’ section of the
                                               Section 604 describes the contents of                (including its affiliates), and has                   preamble to the proposed rule. The
                                            a FRFA: (1) A statement of the need for,                combined annual gross receipts not in                 comment period closed on March 16,
                                            and objectives of, the rule; (2) a                      excess of $20.5 million, for all its                  2015. NMFS received one letter of
                                            statement of the significant issues raised              affiliated operations worldwide. For                  public comment on the proposed rule.
                                            by the public comments in response to                   commercial shellfish harvesters, the                  This comment letter did not address the
                                            the initial regulatory flexibility analysis,            same qualifiers apply, except the                     IRFA or the economic impacts of the
                                            a statement of the assessment of the                    combined annual gross receipts                        rule generally. The Chief Counsel for
                                            agency of such issues, and a statement                  threshold is $5.5 million. For other                  Advocacy of the SBA did not file any
                                            of any changes made in the proposed                     commercial marine harvesters, for-hire                comments on the proposed rule.
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                                            rule as a result of such comments; (3)                  fishing businesses, and marinas, the
                                            the response of the agency to any                       same qualifiers apply, except the                     Number and Description of Small
                                            comments filed by the Chief Counsel for                 combined annual gross receipts                        Entities Regulated by This Action
                                            Advocacy of the Small Business                          threshold is $7.5 million.                              This action would directly regulate
                                            Administration in response to the                          A business primarily involved in                   eight entities. These eight entities
                                            proposed rule, and a detailed statement                 seafood processing is classified as a                 include the owners of the eight vessels,


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                                            28544               Federal Register / Vol. 80, No. 96 / Tuesday, May 19, 2015 / Rules and Regulations

                                            and the holders of the five LLP licenses                NMFS requesting removal of the CR                     the sub-option, if the annual form is not
                                            currently subject to CR Program GOA                     Program GOA sideboard limits.                         received by NFMS, the sideboard limits
                                            Pacific cod sideboard limits in the                                                                           would not be removed for the following
                                                                                                    Description of Significant Alternatives
                                            Central and Western GOA hook-and-line                                                                         fishing year (i.e., January 1 through
                                                                                                    That Minimize Adverse Impacts on
                                            catcher/processor sectors. The owners of                Small Entities                                        December 31).
                                            the eight vessels and holders of the five
                                                                                                       A FRFA also requires a description of                 This action implements Alternative 2
                                            LLP licenses directly regulated by this
                                                                                                    the steps the agency has taken to                     with the option to permanently remove
                                            action are affiliated through their
                                            membership in the Freezer Longline                      minimize the significant impact on                    the CR Program GOA sideboard limits if
                                            Conservation Cooperative (FLCC). The                    small entities consistent with the stated             each eligible participant in a regulatory
                                            FLCC represents LLP holders and the                     objectives of applicable statutes,                    area submits to NMFS a form requesting
                                            owners and operators of vessels that                    including a statement of the factual,                 removal and provides that form to
                                            participate in the Pacific cod hook-and-                policy, and legal reasons for selecting               NMFS within the required timeline. The
                                            line catcher/processor sector in the                    the alternative (Alternative 2 as                     Council rejected the sub-option because
                                            Federal waters of the BSAI. The FLCC                    modified by Option 1, described below)                the annual suspension of sideboards
                                            is comprised of businesses that are                     adopted in the final rule and why each                could create uncertainty for
                                            engaged in the harvesting and                           of the other significant alternatives to              participants, result in additional
                                            processing of finfish. The annual                       the rule considered by the agency that                administrative burden and costs, and
                                            revenue of members of the FLCC has                      affect the economic impact on small                   potentially create management
                                            exceeded $130 million per year since its                entities was rejected. The suite of                   instability. Although this action does
                                            formation, and $172 million in 2012, the                potential actions includes two                        not directly regulate small entities, the
                                            most recent year of available revenue                   alternatives, one associated option, and
                                                                                                                                                          preferred alternative is the only
                                            data (see Table 1–14 in Section 1.6 of                  one associated suboption. A detailed
                                                                                                                                                          alternative in the suite of options and
                                            the Analysis for additional detail).                    description of these alternatives and
                                                                                                    options is provided in section 1.6 of the             alternatives considered that reduces the
                                            Members of the FLCC are not                                                                                   burden on directly regulated entities
                                            considered small entities because the                   Analysis prepared for this action.
                                                                                                       The Council considered two                         and best meets the purpose and need for
                                            annual revenue of the cooperative                                                                             this action.
                                                                                                    alternatives for this action. Alternative 1
                                            exceeds the size standards for small
                                                                                                    is the status quo, which does not meet                Collection-of-Information Requirements
                                            entities.
                                                                                                    the objectives of the action. Alternative
                                               Three entities hold LLP licenses and                 2 would remove the CR Program GOA                       This rule contains a collection-of-
                                            own vessels that operate only in the                    Pacific cod sideboard limits in either the            information requirement subject to the
                                            GOA as hook-and-line catcher/                           Central GOA, Western GOA, or both                     Paperwork Reduction Act (PRA) and
                                            processors. These three entities are not                regulatory areas. As part of Alternative
                                            directly regulated by the CR Program                                                                          which has been approved by Office of
                                                                                                    2, the Council and NMFS also                          Management and Budget (OMB) under
                                            GOA Pacific cod sideboard limits, and                   considered an option and a suboption
                                            are not members of the FLCC. One                                                                              control number 0648–0334. Public
                                                                                                    for removing the CR Program GOA                       reporting burden for the Request to
                                            entity owns a vessel named on an LLP                    Pacific cod sideboard limits. The option
                                            license with Central GOA Pacific cod                                                                          Extinguish Pacific Cod Sideboard Limits
                                                                                                    (i.e., this action) removes the CR
                                            hook-and-line catcher/processor                                                                               for Hook-and-Line Catcher/Processors in
                                                                                                    Program GOA Pacific cod sideboard
                                            endorsements; the other two entities                    limits for the hook-and-line catcher/                 the Western or Central GOA is estimated
                                            each own a vessel named on LLP                          processor sector permanently if certain               to average 30 minutes per individual
                                            licenses with Western GOA Pacific cod                   conditions are met by a specified date.               response, including the time for
                                            hook-and-line catcher/processor                         The sub-option would have suspended                   reviewing instructions, searching
                                            endorsements. These three entities are                  the CR Program GOA Pacific cod                        existing data sources, gathering and
                                            not directly regulated by this action                   sideboard limits for the hook-and-line                maintaining the data needed, and
                                            because this action would not impose                    catcher/processor sector on an annual                 completing and reviewing the collection
                                            regulations on these vessels or the                     basis if certain conditions are met                   of information.
                                            associated LLP licenses, or relieve them                annually.                                               Send comments on this burden
                                            from regulation. These three entities                      The option requires all hook-and-line              estimate or any other aspect of this data
                                            may voluntarily choose to submit a                      catcher/processor LLP license holders                 collection, including suggestions for
                                            request for removal of the sideboard                    that are authorized to target Pacific cod             reducing the burden, to NMFS (see
                                            limits under this action, but are not                   in the Central or Western GOA (i.e.,                  ADDRESSES), and by email to OIRA_
                                            required to do so.                                      eligible participants) to submit a form to
                                                                                                                                                          Submission@omb.eop.gov, or fax to
                                            Reporting, Recordkeeping, and Other                     NMFS requesting the permanent
                                                                                                                                                          202–395–5806.
                                            Compliance Requirements                                 removal of the GOA Pacific cod
                                                                                                    sideboard limit in that regulatory area                 Notwithstanding any other provision
                                               The reporting, recordkeeping, and                    on a one-time basis. The option also                  of the law, no person is required to
                                            other compliance requirements will                      requires the request to be submitted                  respond to, nor shall any person be
                                            increase slightly under the action if                   within one year of the date of                        subject to a penalty for failure to comply
                                            eligible participants in the Central or                 publication in the Federal Register of                with, a collection of information subject
                                            Western GOA agree to submit an                          the final rule implementing Amendment                 to the requirements of the PRA, unless
                                            affidavit to NMFS requesting removal of                 45, if approved by the Secretary.                     that collection of information displays a
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                                            the CR Program GOA sideboard limits.                       The sub-option would have required                 currently valid OMB control number.
                                            The reporting, recordkeeping, and other                 all eligible participants to annually                 All currently approved NOAA
                                            compliance requirements will not                        submit a form to NMFS requesting                      collections of information may be
                                            change under the action if eligible                     removal of the GOA Pacific cod                        viewed at: http://www.cio.noaa.gov/
                                            participants in the Central or Western                  sideboard limit in that regulatory area               services_programs/prasubs.html.
                                            GOA do not submit an affidavit to                       for the upcoming fishing year. Under


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                                                                Federal Register / Vol. 80, No. 96 / Tuesday, May 19, 2015 / Rules and Regulations                                                      28545

                                            List of Subjects                                        (e) Conversion of sideboard ratios into               for Hook-and-Line Catcher/Processors in
                                                                                                 annual sideboard harvest limits. NMFS                    the Western or Central GOA, and the
                                            15 CFR Part 902
                                                                                                 will convert sideboard ratios into                       request must be received by NMFS on
                                               Reporting and recordkeeping                       annual sideboard harvest limits                          or before May 18, 2016.
                                            requirements.                                        according to the following procedures.                   *     *    *    *     *
                                            50 CFR Part 680                                         (1) Annual sideboard harvest limits.
                                                                                                                                                          ■ 5. Add Table 10 to part 680 to read as
                                                                                                 (i) Except as provided in paragraph
                                               Alaska, Fisheries, Reporting and                                                                           follows:
                                                                                                 (e)(1)(ii) of this section, annual
                                            recordkeeping requirements.                          sideboard harvest limits for each
                                               Dated: May 11, 2015.                              groundfish species, except fixed-gear                     TABLE 10 TO PART 680—LICENSE LIM-
                                                                                                 sablefish, will be established by                          ITATION PROGRAM LICENSE NUM-
                                            Samuel D. Rauch III,
                                                                                                 multiplying the sideboard ratios                           BERS THAT AUTHORIZE THE OWN-
                                            Deputy Assistant Administrator for
                                            Regulatory Programs, National Marine                 calculated under paragraph (d) of this                     ERS AND OPERATORS OF CATCHER/
                                            Fisheries Service.                                   section by the proposed and final TACs                     PROCESSORS TO DIRECTED FISH
                                               For the reasons set out in the                    in each area for which a TAC is                            FOR PACIFIC COD WITH HOOK-AND-
                                            preamble, NMFS amends 15 CFR part                    specified. If a TAC is further                             LINE GEAR IN THE CENTRAL GULF
                                            902 and 50 CFR part 680 as follows:                  apportioned by season, the sideboard                       OF ALASKA REGULATORY AREA
                                                                                                 harvest limit also will be apportioned by                  (COLUMN A) AND IN THE WESTERN
                                            Title 15—Commerce and Foreign Trade season in the same ratio as the overall
                                                                                                 TAC. The resulting harvest limits                          GULF OF ALASKA REGULATORY
                                            PART 902—NOAA INFORMATION                                                                                       AREA (COLUMN B)
                                            COLLECTION REQUIREMENTS UNDER expressed in metric tons will be
                                            THE PAPERWORK REDUCTION ACT:                         published in the annual GOA
                                                                                                                                                          Column A:                         Column B:
                                            OMB CONTROL NUMBERS                                  groundfish harvest specification notices.
                                                                                                    (ii) NMFS will not establish an annual                LLG1125     ...................   LLG1400.
                                            ■ 1. The authority citation for part 902             sideboard harvest limit for Pacific cod                  LLG1128     ...................   LLG1401.
                                            continues to read as follows:                        for vessels that catch and process Pacific               LLG1400     ...................   LLG1576.
                                                                                                 cod using hook-and-line gear in the                      LLG1576     ...................   LLG1578.
                                               Authority: 44 U.S.C. 3501 et seq.
                                                                                                 Central GOA Regulatory Area if all                       LLG1713     ...................   LLG1785.
                                            ■ 2. In § 902.1, in the table in paragraph           eligible participants request that the                   LLG1785     ...................   LLG1916.
                                            (b), under the entry ‘‘50 CFR’’,add an               sideboard harvest limit be removed in                    LLG1916     ...................   LLG1917.
                                            entry in alphanumeric order for                      accordance with the requirements of                      LLG1917     ...................   LLG2026.
                                            ‘‘680.22’’ to read as follows:                       paragraph (e)(1)(ii)(A) of this section.                 LLG1989     ...................   LLG2081.
                                                                                                                                                          LLG2081     ...................   LLG2112.
                                                                                                 NMFS will not establish an annual
                                            § 902.1 OMB control numbers assigned                                                                          LLG2112     ...................   LLG2892.
                                            pursuant to the Paperwork Reduction Act.             sideboard harvest limit for Pacific cod                  LLG2238     ...................   LLG2935.
                                                                                                 for vessels that catch and process Pacific               LLG2705     ...................   LLG3090.
                                            *      *       *         *         *                 cod using hook-and-line gear in the
                                               (b) * * *                                                                                                  LLG2783     ...................   LLG3602.
                                                                                                 Western GOA Regulatory Area if all                       LLG2892     ...................   LLG3617.
                                                                                                 eligible participants request that the                   LLG2958     ...................   LLG3676.
                                                                                                 sideboard harvest limit be removed in                    LLG3609     ...................   LLG4004.
                                                                                                 accordance with the requirements of                      LLG3616     ...................   LLG4823.
                                                CFR part or section              Current OMB                                                              LLG3617.
                                              where the information               Control No.    paragraph (e)(1)(ii)(B) of this section.
                                             collection requirement is (all numbers begin NMFS will publish notification of the                           LLG3676.
                                                      located                    with 0648–)                                                              LLG3681.
                                                                                                 removal of the sideboard harvest limit
                                                                                                                                                          LLG3973.
                                                                                                 for Pacific cod for vessels that catch and               LLG4823.
                                                                                                 process Pacific cod using hook-and-line
                                                *           *              *       *         *
                                            50 CFR:                                              gear in the Central GOA Regulatory Area                  [FR Doc. 2015–12066 Filed 5–18–15; 8:45 am]
                                                                                                 or the Western GOA Regulatory Area                       BILLING CODE 3510–22–P
                                                *           *              *       *         *   through the annual GOA groundfish
                                            680.22 .............................           –0334 harvest specifications (see
                                                                                                 § 679.20(c)(1)(iii) and (c)(3)(ii)).
                                                *           *              *       *         *      (A) Central GOA. For the Central GOA                  DEPARTMENT OF DEFENSE
                                                                                                 Regulatory Area (Statistical Areas 620                   Department of the Army
                                            Title 50—Wildlife and Fisheries                      and 630; see Figure 3 to 50 CFR part
                                                                                                 679), the holders of all LLP licenses                    32 CFR Part 635
                                            PART 680—SHELLFISH FISHERIES OF listed in Column A of Table 10 to this
                                            THE EXCLUSIVE ECONOMIC ZONE                          part must submit to NMFS a completed                     RIN 0702–AA62
                                            OFF ALASKA                                           Request to Extinguish Pacific Cod
                                                                                                                                                          [Docket No. USA–2010–0020]
                                                                                                 Sideboard Limits for Hook-and-Line
                                            ■ 3. The authority citation for part 680
                                                                                                 Catcher/Processors in the Western or                     Law Enforcement Reporting
                                            continues to read as follows:
                                                                                                 Central GOA, and the request must be
                                               Authority: 16 U.S.C. 1862; Pub. L. 109–           received by NMFS on or before May 18,                    AGENCY:Department of the Army, DoD.
                                            241; Pub. L. 109–479.                                2016.                                                          Interim rule; request for
                                                                                                                                                          ACTION:
                                            ■ 4. In § 680.22, revise paragraph (e)                  (B) Western GOA. For the Western                      comments.
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                                            heading and introductory text, and                   GOA Regulatory Area (Statistical Area
                                            paragraph (e)(1) to read as follows:                 610; see Figure 3 to 50 CFR part 679),                   SUMMARY:   The Department of the Army
                                                                                                 the holders of all LLP licenses listed in                amends its regulation concerning law
                                            § 680.22 Sideboard protections for GOA               Column B of Table 10 to this part must                   enforcement reporting for a number of
                                            groundfish fisheries.                                submit to NMFS a completed Request to                    statutory requirements to better
                                            *      *       *         *         *                 Extinguish Pacific Cod Sideboard Limits                  coordinate law enforcement work and


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Document Created: 2015-12-15 15:30:22
Document Modified: 2015-12-15 15:30:22
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionFinal rule.
DatesEffective June 18, 2015.
ContactRachel Baker, 907-586-7228
FR Citation80 FR 28539 
RIN Number0648-BD61
CFR Citation15 CFR 902
50 CFR 680
CFR AssociatedReporting and Recordkeeping Requirements; Alaska and Fisheries

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