83 FR 23250 - Fisheries of the Exclusive Economic Zone Off Alaska; Yellowfin Sole Management in the Groundfish Fisheries of the Bering Sea and Aleutian Islands
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration Federal Register Volume 83, Issue 97 (May 18, 2018)
National Oceanic and Atmospheric Administration
Federal Register Volume 83, Issue 97 (May 18, 2018)
| Page Range | 23250-23251 | |
| FR Document | 2018-10597 |
[Federal Register Volume 83, Number 97 (Friday, May 18, 2018)] [Proposed Rules] [Pages 23250-23251] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-10597] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 679 RIN 0648-BH02 Fisheries of the Exclusive Economic Zone Off Alaska; Yellowfin Sole Management in the Groundfish Fisheries of the Bering Sea and Aleutian Islands AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Notice of availability of fishery management plan amendment; request for comments. ----------------------------------------------------------------------- SUMMARY: The North Pacific Fishery Management Council submitted Amendment 116 to the Fishery Management Plan for Groundfish of the Bering Sea and Aleutian Islands Management Area (BSAI FMP) to the Secretary of Commerce (Secretary) for review. If approved, Amendment 116 would limit access to the Bering Sea and Aleutian Islands (BSAI) Trawl Limited Access Sector (TLAS) yellowfin sole directed fishery by vessels delivering to motherships. Amendment 116 would establish eligibility criteria based on historical participation in the fishery, issue endorsements to groundfish License Limitation Program (LLP) licenses that meet eligibility criteria, and authorize delivery of BSAI TLAS yellowfin sole to motherships by only those vessels with an assigned groundfish LLP license with a BSAI catcher vessel TLAS yellowfin sole directed fishery endorsement. This action is necessary to provide benefits to historic participants, mitigate the risk that a ``race for fish'' could develop, and help to maintain the consistently low rates of halibut bycatch in the BSAI TLAS yellowfin sole directed fishery. Amendment 116 is intended to promote the goals and objectives of the Magnuson-Stevens Fishery Conservation and Management Act, the BSAI FMP, and other applicable law. DATES: Comments must be received no later than July 17, 2018. ADDRESSES: You may submit comments on this document, identified by NOAA-NMFS-2017-0083, by any of the following methods:Electronic Submission: Submit all electronic public comments via the Federal e Rulemaking Portal. Go to www.regulations.gov/#!docketDetail;D=NOAA-NMFS-2017-0083, click the ``Comment Now!'' icon, complete the required fields, and enter or attach your comments. Mail: Submit written comments to Glenn Merrill, Assistant Regional Administrator, Sustainable Fisheries Division, Alaska Region NMFS, Attn: Ellen Sebastian. Mail comments to P.O. Box 21668, Juneau, AK 99802-1668. Instructions: Comments sent by any other method, to any other address or individual, or received after the end of the comment period, may not be considered by NMFS. All comments received are a part of the public record and will generally be posted for public viewing on www.regulations.gov without change. All personal identifying information (e.g., name, address), confidential business information, or otherwise sensitive information submitted voluntarily by the sender will be publicly accessible. NMFS will accept anonymous comments (enter ``N/A'' in the required fields if you wish to remain anonymous). Electronic copies of Amendment 116 and the Draft Environmental Assessment/Regulatory Impact Review prepared for this action (collectively the ``Analysis'') may be obtained from www.regulations.gov. FOR FURTHER INFORMATION CONTACT: Bridget Mansfield, (907) 586-7228. SUPPLEMENTARY INFORMATION: The Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-Stevens Act) requires that each regional fishery management council submit any fishery management plan amendment it prepares to NMFS for review and approval, disapproval, or partial approval by the Secretary of Commerce. The Magnuson-Stevens Act also requires that NMFS, upon receiving a fishery management plan amendment, immediately publish a notice in the Federal Register announcing that the amendment is available for public review and comment. This notice announces that proposed Amendment 116 to the FMP is available for public review and comment. NMFS manages the groundfish fisheries in the exclusive economic zone under the FMPs. The North Pacific Fishery Management Council (Council) prepared the FMPs under the authority of the Magnuson-Stevens Act, 16 U.S.C. 1801 et seq. Regulations governing U.S. fisheries and implementing the FMP appear at 50 CFR parts 600 and 679. Amendment 116 to the FMP would amend the species and gear endorsements on groundfish LLP licenses. The LLP was implemented under Amendments 39 and 41 to the [[Page 23251]] FMP, and NMFS published the final rule to implement these amendments on October 1, 1998 (63 FR 52642). The LLP limits access to the groundfish, crab, and scallop fisheries in the BSAI and the Gulf of Alaska (GOA), by requiring that persons hold and assign a license to each vessel that is used to fish in federally managed fisheries, with some limited exemptions. The LLP is intended to prevent unlimited entry into Federally managed fisheries and to limit the ability of a person to assign an LLP license derived from the historic landing activity of a vessel in one area, using a specific fishing gear or operational type, to be used in other areas, with other gears, or for other operational types in a manner that could expand fishing capacity. Licenses issued under the LLP authorize, through individual endorsements, fishing activities in specific fishing areas, gear types, and vessel operations as catcher vessels (CVs) or catcher/processors (CPs). Once issued, the components of the LLP license cannot be transferred independently. Amendment 116 would implement a new groundfish LLP license endorsement to authorize a CV with trawl gear to deliver its catch to a mothership (a vessel that receives and processes catch from another vessel) in the BSAI TLAS yellowfin sole directed fishery. Vessels without this endorsement would not be authorized to deliver catch to motherships when participating in the BSAI TLAS yellowfin sole directed fishery. The Council determined, and NMFS agrees, that this action is an appropriate response to a sharp increase in CV participation delivering to motherships in the BSAI TLAS yellowfin sole directed fishery beginning in 2015. This increased effort has increased harvest pressure in this fully utilized fishery, such that the fishing season has been severely foreshortened over the past two years and has caused concern over the potential for increased halibut bycatch. In June 2017, the Council adopted Amendment 116, which would limit access to the offshore BSAI TLAS yellowfin sole fishery by CVs and CPs acting as CVs that deliver BSAI TLAS yellowfin sole to motherships. If approved, Amendment 116 would amend the FMP to require a vessel be designated on a groundfish LLP license with a BSAI TLAS yellowfin sole directed fishery endorsement in order to deliver its catch of yellowfin sole in the BSAI TLAS fishery to a mothership. A groundfish LLP license would receive the endorsement if it is credited with a qualifying landing. A groundfish LLP license would be eligible to be credited with a qualifying landing if a vessel designated on it was used to make at least one legal trip target landing of BSAI TLAS yellowfin sole to a mothership in any one year from 2008 through 2015. Under Amendment 116, ``trip target'' would mean an amount of retained aggregate groundfish species that is greater than the retained amount of any other groundfish species for that trip. The Council recognized this eligibility criteria may qualify more groundfish LLP licenses than vessels with a qualifying landing, because some vessels with a qualifying landing may have been designated on more than one groundfish LLP license during the qualifying period. Therefore, if a vessel designated on more than one groundfish LLP license made a qualifying landing during the qualifying period, only those groundfish LLP licenses on which the vessel was designated when it made a legal trip target landing in a BSAI TLAS fishery would be eligible to be credited with a qualifying landing. In such cases, Amendment 116 would require the vessel owner to specify only one groundfish LLP license that would be credited with the qualifying landing(s). Amendment 116 would amend four sections of the FMP. First, in Table ES-2 in the Executive Summary, row ``License and Permits'' would have a sentence added to read, ``Trawl gear vessels engaged in directed fishing for BSAI TLAS yellowfin sole and delivering to a mothership must qualify for a BSAI TLAS yellowfin sole directed fishery endorsement.'' Second, under section 3.3.1 ``License Limitation Program,'' Amendment 116 would add a new subsection entitled ``3.3.1.3 Species and Gear Endorsements for Vessels Using Trawl Gear.'' This new subsection would state that a vessel engaged in directed fishing for yellowfin sole in the trawl limited access sector in the BSAI management area using trawl gear and operating as a catcher vessel delivering catch to a mothership must hold an area endorsement and general license with a trawl limited access sector yellowfin sole directed fishery endorsement. Finally, a section would be added to Appendix A, summarizing the main provisions of Amendment 116, and the Table of Contents would be revised. The proposed rule to implement proposed Amendments 116 provides the details of the eligibility criteria for a BSAI TLAS yellowfin sole directed fishery endorsement to a groundfish LLP license, the process to establish eligibility of individual groundfish LLP licenses based on historical participation in the fishery, and issuance of the endorsements. The specific groundfish LLP licenses eligible for such an endorsement would be named in the proposed rule and in the regulations implementing the rule. The Council considered a range of dates and levels of participation, as well as conditions to increase participation when yellowfin TAC is high, before adopting its preferred alternative for Amendment 116. The Council determined and NMFS agrees that the eligibility requirements for a BSAI TLAS yellowfin sole directed fishery endorsement within Amendment 116 would balance the need to limit entry to the BSAI TLAS yellowfin sole directed fishery to control the pace of fishing and halibut bycatch with the needs of more recent participants by continuing to provide harvest opportunities in this fishery for AFA CPs and CVs, and non-AFA CVs. NMFS is soliciting public comments on proposed Amendment 116 through the end of the comment period (see DATES). NMFS intends to publish in the Federal Register and seek public comment on a proposed rule that would implement Amendments 116, following NMFS' evaluation of the proposed rule under the Magnuson-Stevens Act. Respondents do not need to submit the same comments on Amendment 116 and the proposed rule. All relevant written comments received by the end of the applicable comment period, whether specifically directed to the FMP amendments or the proposed rule will be considered by NMFS in the approval/disapproval decision for Amendment 116 and addressed in the response to comments in the final decision. Comments received after end of the applicable comment period will not be considered in the approval/disapproval decision on Amendment 116. To be considered, comments must be received, not just postmarked or otherwise transmitted, by the last day of the comment period (see DATES). Authority: 16 U.S.C. 1801 et seq. Dated: May 14, 2018. Kathleen E. Barrett, Acting Director, Office of Sustainable Fisheries, National Marine Fisheries Service. [FR Doc. 2018-10597 Filed 5-17-18; 8:45 am] BILLING CODE 3510-22-P
![23250 Federal Register / Vol. 83, No. 97 / Friday, May 18, 2018 / Proposed Rules
peach subgroup 12–12B at 2 ppm; DEPARTMENT OF COMMERCE #!docketDetail;D=NOAA-NMFS-2017-
peanut at 0.01 ppm; peanut, hay at 30 0083, click the ‘‘Comment Now!’’ icon,
ppm; plum prune, fresh at 4 ppm; plum National Oceanic and Atmospheric complete the required fields, and enter
subgroup 12–12C at 2 ppm; pome fruit Administration or attach your comments.
crop group 11–10 at 1.5 ppm; poultry, • Mail: Submit written comments to
eggs at 0.01 ppm; poultry, fat at 0.01 50 CFR Part 679 Glenn Merrill, Assistant Regional
ppm; poultry, liver at 0.01 ppm; poultry, Administrator, Sustainable Fisheries
RIN 0648–BH02
meat at 0.01 ppm; poultry, muscle at Division, Alaska Region NMFS, Attn:
0.01 ppm; poultry, skin at 0.01 ppm; Fisheries of the Exclusive Economic Ellen Sebastian. Mail comments to P.O.
rapeseed subgroup 20A at 1 ppm; rice, Zone Off Alaska; Yellowfin Sole Box 21668, Juneau, AK 99802–1668.
Management in the Groundfish Instructions: Comments sent by any
straw at 9 ppm; sheep, fat at 0.3 ppm;
Fisheries of the Bering Sea and other method, to any other address or
sheep, kidney at 0.2 ppm; sheep, liver individual, or received after the end of
at 0.5 ppm; sheep, meat at 0.09 ppm; Aleutian Islands
the comment period, may not be
sheep, muscle at 0.04 ppm; small fruit AGENCY: National Marine Fisheries considered by NMFS. All comments
vine climbing, except fuzzy kiwifruit Service (NMFS), National Oceanic and received are a part of the public record
subgroup 13–07F at 1.5 ppm; sorghum, Atmospheric Administration (NOAA), and will generally be posted for public
stover at 9 ppm; soybean, aspirated Commerce. viewing on www.regulations.gov
grain fractions at 5 ppm; soybean, forage ACTION: Notice of availability of fishery without change. All personal identifying
at 4 ppm; soybean, hay at 15 ppm; management plan amendment; request information (e.g., name, address),
soybean, seed at 0.3 ppm; sugar beet at for comments. confidential business information, or
0.6 ppm; sugar beet, top at 9 ppm; otherwise sensitive information
swine, fat at 0.01 ppm; swine, liver at SUMMARY: The North Pacific Fishery submitted voluntarily by the sender will
0.01 ppm; swine, meat at 0.01 ppm; Management Council submitted be publicly accessible. NMFS will
swine, skin at 0.01 ppm; tree nut crop Amendment 116 to the Fishery accept anonymous comments (enter ‘‘N/
group 14–12 at 0.06 ppm; tuberous and Management Plan for Groundfish of the A’’ in the required fields if you wish to
corm vegetables subgroup 1C at 0.02 Bering Sea and Aleutian Islands remain anonymous).
ppm; wheat, aspirated grain fractions at Management Area (BSAI FMP) to the Electronic copies of Amendment 116
20 ppm; wheat, grain at 0.4 ppm; wheat, Secretary of Commerce (Secretary) for and the Draft Environmental
hay at 8 ppm; and wheat, straw at 30 review. If approved, Amendment 116 Assessment/Regulatory Impact Review
ppm. The independently validated would limit access to the Bering Sea and prepared for this action (collectively the
method (L0295/01, based on the Aleutian Islands (BSAI) Trawl Limited ‘‘Analysis’’) may be obtained from
Access Sector (TLAS) yellowfin sole www.regulations.gov.
QuEChERS method) was used for
directed fishery by vessels delivering to FOR FURTHER INFORMATION CONTACT:
analyzing residues of BAS 750 F with
motherships. Amendment 116 would Bridget Mansfield, (907) 586–7228.
appropriate sensitivity and selectivity in
establish eligibility criteria based on
all crops and processed commodities. SUPPLEMENTARY INFORMATION: The
historical participation in the fishery,
Two independently validated methods Magnuson-Stevens Fishery
issue endorsements to groundfish
(L0272/01 and L0309/01) have been Conservation and Management Act
License Limitation Program (LLP)
submitted for analyzing residues of BAS (Magnuson-Stevens Act) requires that
licenses that meet eligibility criteria,
750 F and its metabolite M750F022 (and each regional fishery management
and authorize delivery of BSAI TLAS
conjugates) in animal commodities with council submit any fishery management
yellowfin sole to motherships by only
appropriate sensitivity and selectivity, plan amendment it prepares to NMFS
those vessels with an assigned
to measure and evaluate the chemical for review and approval, disapproval, or
groundfish LLP license with a BSAI
mefentrifluconazole. Contact: RD. partial approval by the Secretary of
catcher vessel TLAS yellowfin sole
Commerce. The Magnuson-Stevens Act
Authority: 21 U.S.C. 346a. directed fishery endorsement.
also requires that NMFS, upon receiving
This action is necessary to provide
Dated: May 1, 2018. a fishery management plan amendment,
benefits to historic participants, mitigate
Delores Barber, immediately publish a notice in the
the risk that a ‘‘race for fish’’ could
Federal Register announcing that the
Director, Information Technology and develop, and help to maintain the
amendment is available for public
Resources Management Division, Office of consistently low rates of halibut bycatch
Pesticide Programs. review and comment. This notice
in the BSAI TLAS yellowfin sole
announces that proposed Amendment
[FR Doc. 2018–10692 Filed 5–17–18; 8:45 am] directed fishery. Amendment 116 is
116 to the FMP is available for public
BILLING CODE 6560–50–P intended to promote the goals and
review and comment.
objectives of the Magnuson-Stevens
NMFS manages the groundfish
Fishery Conservation and Management
fisheries in the exclusive economic zone
Act, the BSAI FMP, and other
under the FMPs. The North Pacific
applicable law.
Fishery Management Council (Council)
DATES: Comments must be received no prepared the FMPs under the authority
later than July 17, 2018. of the Magnuson-Stevens Act, 16 U.S.C.
sradovich on DSK3GMQ082PROD with PROPOSALS
ADDRESSES: You may submit comments 1801 et seq. Regulations governing U.S.
on this document, identified by NOAA– fisheries and implementing the FMP
NMFS–2017–0083, by any of the appear at 50 CFR parts 600 and 679.
following methods: Amendment 116 to the FMP would
• Electronic Submission: Submit all amend the species and gear
electronic public comments via the endorsements on groundfish LLP
Federal e Rulemaking Portal. Go to licenses. The LLP was implemented
www.regulations.gov/ under Amendments 39 and 41 to the
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![Federal Register / Vol. 83, No. 97 / Friday, May 18, 2018 / Proposed Rules 23251
FMP, and NMFS published the final the endorsement if it is credited with a fishery endorsement to a groundfish
rule to implement these amendments on qualifying landing. A groundfish LLP LLP license, the process to establish
October 1, 1998 (63 FR 52642). The LLP license would be eligible to be credited eligibility of individual groundfish LLP
limits access to the groundfish, crab, with a qualifying landing if a vessel licenses based on historical
and scallop fisheries in the BSAI and designated on it was used to make at participation in the fishery, and
the Gulf of Alaska (GOA), by requiring least one legal trip target landing of issuance of the endorsements. The
that persons hold and assign a license BSAI TLAS yellowfin sole to a specific groundfish LLP licenses eligible
to each vessel that is used to fish in mothership in any one year from 2008 for such an endorsement would be
federally managed fisheries, with some through 2015. Under Amendment 116, named in the proposed rule and in the
limited exemptions. The LLP is ‘‘trip target’’ would mean an amount of regulations implementing the rule.
intended to prevent unlimited entry into retained aggregate groundfish species
The Council considered a range of
Federally managed fisheries and to limit that is greater than the retained amount
dates and levels of participation, as well
the ability of a person to assign an LLP of any other groundfish species for that
as conditions to increase participation
license derived from the historic trip. The Council recognized this
when yellowfin TAC is high, before
landing activity of a vessel in one area, eligibility criteria may qualify more
adopting its preferred alternative for
using a specific fishing gear or groundfish LLP licenses than vessels
Amendment 116. The Council
operational type, to be used in other with a qualifying landing, because some
determined and NMFS agrees that the
areas, with other gears, or for other vessels with a qualifying landing may
eligibility requirements for a BSAI
operational types in a manner that could have been designated on more than one
TLAS yellowfin sole directed fishery
expand fishing capacity. Licenses issued groundfish LLP license during the
under the LLP authorize, through qualifying period. Therefore, if a vessel endorsement within Amendment 116
individual endorsements, fishing designated on more than one groundfish would balance the need to limit entry to
activities in specific fishing areas, gear LLP license made a qualifying landing the BSAI TLAS yellowfin sole directed
types, and vessel operations as catcher during the qualifying period, only those fishery to control the pace of fishing and
vessels (CVs) or catcher/processors groundfish LLP licenses on which the halibut bycatch with the needs of more
(CPs). Once issued, the components of vessel was designated when it made a recent participants by continuing to
the LLP license cannot be transferred legal trip target landing in a BSAI TLAS provide harvest opportunities in this
independently. fishery would be eligible to be credited fishery for AFA CPs and CVs, and non-
Amendment 116 would implement a with a qualifying landing. In such cases, AFA CVs.
new groundfish LLP license Amendment 116 would require the NMFS is soliciting public comments
endorsement to authorize a CV with vessel owner to specify only one on proposed Amendment 116 through
trawl gear to deliver its catch to a groundfish LLP license that would be the end of the comment period (see
mothership (a vessel that receives and credited with the qualifying landing(s). DATES). NMFS intends to publish in the
processes catch from another vessel) in Amendment 116 would amend four Federal Register and seek public
the BSAI TLAS yellowfin sole directed sections of the FMP. First, in Table ES– comment on a proposed rule that would
fishery. Vessels without this 2 in the Executive Summary, row implement Amendments 116, following
endorsement would not be authorized to ‘‘License and Permits’’ would have a NMFS’ evaluation of the proposed rule
deliver catch to motherships when sentence added to read, ‘‘Trawl gear under the Magnuson-Stevens Act.
participating in the BSAI TLAS vessels engaged in directed fishing for
Respondents do not need to submit
yellowfin sole directed fishery. The BSAI TLAS yellowfin sole and
the same comments on Amendment 116
Council determined, and NMFS agrees, delivering to a mothership must qualify
and the proposed rule. All relevant
that this action is an appropriate for a BSAI TLAS yellowfin sole directed
written comments received by the end
response to a sharp increase in CV fishery endorsement.’’
of the applicable comment period,
participation delivering to motherships Second, under section 3.3.1 ‘‘License
whether specifically directed to the
in the BSAI TLAS yellowfin sole Limitation Program,’’ Amendment 116
FMP amendments or the proposed rule
directed fishery beginning in 2015. This would add a new subsection entitled
will be considered by NMFS in the
increased effort has increased harvest ‘‘3.3.1.3 Species and Gear Endorsements
approval/disapproval decision for
pressure in this fully utilized fishery, for Vessels Using Trawl Gear.’’ This new
Amendment 116 and addressed in the
such that the fishing season has been subsection would state that a vessel
severely foreshortened over the past two response to comments in the final
engaged in directed fishing for yellowfin
years and has caused concern over the decision. Comments received after end
sole in the trawl limited access sector in
potential for increased halibut bycatch. of the applicable comment period will
the BSAI management area using trawl
In June 2017, the Council adopted not be considered in the approval/
gear and operating as a catcher vessel
Amendment 116, which would limit disapproval decision on Amendment
delivering catch to a mothership must
access to the offshore BSAI TLAS 116. To be considered, comments must
hold an area endorsement and general
yellowfin sole fishery by CVs and CPs be received, not just postmarked or
license with a trawl limited access
acting as CVs that deliver BSAI TLAS otherwise transmitted, by the last day of
sector yellowfin sole directed fishery
yellowfin sole to motherships. If the comment period (see DATES).
endorsement.
approved, Amendment 116 would Finally, a section would be added to Authority: 16 U.S.C. 1801 et seq.
amend the FMP to require a vessel be Appendix A, summarizing the main Dated: May 14, 2018.
designated on a groundfish LLP license
sradovich on DSK3GMQ082PROD with PROPOSALS
provisions of Amendment 116, and the
with a BSAI TLAS yellowfin sole Kathleen E. Barrett,
Table of Contents would be revised.
directed fishery endorsement in order to The proposed rule to implement Acting Director, Office of Sustainable
deliver its catch of yellowfin sole in the proposed Amendments 116 provides the Fisheries, National Marine Fisheries Service.
BSAI TLAS fishery to a mothership. A details of the eligibility criteria for a [FR Doc. 2018–10597 Filed 5–17–18; 8:45 am]
groundfish LLP license would receive BSAI TLAS yellowfin sole directed BILLING CODE 3510–22–P
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Document Created: 2018-05-18 02:15:40
Document Modified: 2018-05-18 02:15:40
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Proposed Rules | |
| Action | Notice of availability of fishery management plan amendment; request for comments. | |
| Dates | Comments must be received no later than July 17, 2018. | |
| Contact | Bridget Mansfield, (907) 586-7228. | |
| FR Citation | 83 FR 23250 | |
| RIN Number | 0648-BH02 |
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