78038 Federal Register / Vol. 85, No. 233 / Thursday, December 3, 2020 / Rules and Regulations 

demonstrates its behavioral flexibility to 

variable environmental conditions. 

Additionally, regulatory mechanisms 

such as the California Endangered 

Species Act (CESA) and local 

ordinances are currently acting to 

ameliorate the severity of some existing 

threats, such as the take of individuals, 

degradation of tributary streams, and 

loss of wetland habitat surrounding 

Clear Lake. Furthermore, the SSA 

presented three plausible future 

scenarios, which included various states 

of potential future conditions for the 

species. Our analysis of these scenarios 

indicates that the Clear Lake hitch will 

maintain its current resiliency, 

representation, or redundancy, or 

undergo only a slight decrease in 

condition into the foreseeable future. 

Even under a projection of a slight 

decrease in future condition, the Clear 

Lake hitch was not projected to be in 

danger of extinction in the next 50 

years. 

Therefore, we find that listing the 

Clear Lake hitch as an endangered or 

threatened species under the Act is not 

warranted at this time. A detailed 

discussion of the basis for this finding 

can be found in the Clear Lake hitch 

species assessment form and other 

supporting documents (see ADDRESSES, 

above). 

New Information 

We request that you submit any new 

information concerning the taxonomy 

of, biology of, ecology of, status of, or 

stressors to the Doll’s daisy, Puget 

Oregonian, Rocky Mountain 

monkeyflower, southern white-tailed 

ptarmigan, tidewater amphipod, tufted 

puffin, Hamlin Valley pyrg, longitudinal 

gland pyrg, sub-globose snake pyrg, the 

Johnson Springs Wetland Complex 

population of relict dace, or Clear Lake 

hitch to the appropriate person, as 

specified under FOR FURTHER

INFORMATION CONTACT, whenever it 

becomes available. New information 

will help us monitor these species and 

make appropriate decisions about their 

conservation and status. We encourage 

local agencies and stakeholders to 

continue cooperative monitoring and 

conservation efforts. 

References Cited 

A list of the references cited in this 

petition finding is available on the 

internet at http://www.regulations.gov 

in the appropriate docket provided 

above in ADDRESSES and upon request 

from the appropriate person, as 

specified under FOR FURTHER

INFORMATION CONTACT. 

Authors 

The primary authors of this document 

are the staff members of the Species 

Assessment Team, Ecological Services 

Program. 

Authority 

The authority for this action is section 

4 of the Endangered Species Act of 

1973, as amended (16 U.S.C. 1531 et 

seq.). 

Aurelia Skipwith, 

Director, U.S. Fish and Wildlife Service. 

[FR Doc. 2020–26139 Filed 12–2–20; 8:45 am] 

BILLING CODE 4333–15–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 679 

[Docket No. 201125–0321] 

RIN 0648–BJ59 

Fisheries of the Exclusive Economic 

Zone Off Alaska; Pacific Cod in the 

Bering Sea and Aleutian Islands 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Final rule. 

SUMMARY: This final rule modifies 

Federal permit conditions and imposes 

participation requirements for certain 

federally permitted vessels when fishing 

for Pacific cod in state waters adjacent 

to the exclusive economic zone of the 

Bering Sea and Aleutian Islands during 

the State of Alaska’s parallel Pacific cod 

fishery. This action is necessary to 

enhance Federal conservation, 

management, and catch accounting 

measures previously adopted by the 

North Pacific Fishery Management 

Council (Council) regarding license 

limitation, sector allocations, and catch 

reporting. This action is intended to 

promote the goals and objectives of the 

Magnuson-Stevens Fishery 

Conservation and Management Act, the 

Fishery Management Plan for 

Groundfish of the Bering Sea and 

Aleutian Islands Management Area, and 

other applicable law. 

DATES: Effective January 4, 2021. 

ADDRESSES: Electronic copies of the 

Categorical Exclusion and the 

Regulatory Impact Review (RIR) 

prepared for this action (referred to as 

the ‘‘Analysis’’) are available from 

http://www.regulations.gov or from the 

NMFS Alaska Region website at https:// 

www/fisheries.noaa.gov/region/alaska. 

FOR FURTHER INFORMATION CONTACT: Kurt 

Iverson, 907–586–7210. 

SUPPLEMENTARY INFORMATION: 

Authority for Action 

NMFS manages the groundfish 

fisheries in the U.S. exclusive economic 

zone (EEZ) of the Bering Sea and 

Aleutian Islands (BSAI) under the 

Fishery Management Plan for 

Groundfish of the BSAI Management 

Area (FMP). The Council prepared, and 

NMFS approved, the FMP under the 

authority of the Magnuson-Stevens 

Fishery Conservation and Management 

Act (MSA), 16 U.S.C. 1801 et seq. 

Regulations governing U.S. fisheries and 

implementing the FMP appear at 50 

CFR part 679. General regulations that 

pertain to U.S. fisheries appear at 

subpart H of 50 CFR part 600. 

NMFS published the proposed rule 

for these regulatory amendments in the 

Federal Register on September 18, 2020 

(85 FR 58322). A summary of comments 

on the proposed rule and NMFS’ 

responses are provided in the 

Comments and Responses section of this 

preamble. 

Summary of This Action 

In this rule, NMFS modifies Federal 

permit conditions and imposes 

participation requirements for certain 

federally permitted vessels when fishing 

for Pacific cod in State of Alaska waters 

(state waters) adjacent to the Exclusive 

Economic Zone (EEZ) of the Bering Sea 

and Aleutian Islands (BSAI). The state 

waters portion of the Pacific cod fishery 

that runs concurrent with the Federal 

Pacific cod fishery is commonly known 

as the State’s parallel fishery. 

Throughout this preamble, ‘‘state 

waters’’ refers to the maritime waters 

from 0 to 3 nautical miles off Alaska, 

and ‘‘EEZ’’ and ‘‘Federal waters’’ are 

used interchangeably and refer to the 

maritime waters from 3 to 200 nautical 

miles off Alaska. In addition, ‘‘parallel 

fisheries’’ in this preamble refers to the 

state waters Pacific cod parallel fisheries 

in the State of Alaska Bering SeaAleutian Islands Area, which presently 

is in the Dutch Harbor Subdistrict of the 

Bering Sea and within the Aleutian 

Islands Subdistrict of the Aleutian 

Islands, respectively. 

This rule prohibits (1) a hook-andline, pot, or trawl gear vessel named on 

a Federal Fisheries Permit (FFP) or 

License Limitation Program (LLP) 

license from being used to catch and 

retain BSAI Pacific cod in State of 

Alaska (State) waters adjacent to the 

BSAI during the State’s parallel Pacific 

cod fishery unless the vessel is named 

on an FFP and LLP license that have the 

required endorsements; (2) a hook-andVerDate Sep<11>2014 15:55 Dec 02, 2020 Jkt 253001 PO 00000 Frm 00054 Fmt 4700 Sfmt 4700 E:\FR\FM\03DER1.SGM 03DER1

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Federal Register / Vol. 85, No. 233 / Thursday, December 3, 2020 / Rules and Regulations 78039 

line, pot, or trawl gear vessel named on 

an FFP or LLP license from catching and 

retaining Pacific cod in state waters 

adjacent to the BSAI EEZ during the 

State’s parallel fishery when NMFS has 

closed the EEZ to directed fishing for 

Pacific cod by the sector to which the 

vessel belongs; (3) the holder of an FFP 

with certain endorsements from 

modifying those endorsements during 

the effective period of the FFP; and (4) 

the reissuance of a surrendered FFP 

with certain endorsements for the 

remainder of the three-year term, or 

cycle, of FFPs. 

Summary of Management of the Fishery 

This section briefly describes the 

Federal BSAI Pacific cod fishery, 

including the Pacific cod fisheries that 

occur in BSAI state waters. More 

detailed descriptions, including a 

review of this rule and the rationale for 

the regulations, are provided in the 

preamble to the proposed rule (85 FR 

58322, September 18, 2020) and in the 

Analysis (see ADDRESSES). 

Vessels that harvest Pacific cod in the 

BSAI use both trawl and non-trawl gear. 

Non-trawl gear includes hook-and-line, 

jig, and pot gear. Additionally, BSAI 

Pacific cod vessels operate as catcher 

vessels that harvest and deliver the fish 

for processing, or as catcher processors 

that harvest and process the catch on 

board. The amount of BSAI Pacific cod 

available for commercial harvest is 

determined through an annual harvest 

specifications process (e.g., 83 FR 

13553, March 9, 2020). This process 

accounts for Pacific cod harvested in 

guideline harvest level (GHL) fisheries 

that occur only within state waters and 

are managed by the State of Alaska. 

After deducting for harvests in the GHL 

fisheries, Pacific cod Total Allowable 

Catches (TACs) are set for the Federal 

fisheries in the Bering Sea and Aleutian 

Islands subareas. 

Once the Bering Sea and Aleutian 

Islands TACs are established, 

regulations at § 679.20(a)(7)(i) allocate 

10.7 percent of the Bering Sea Pacific 

cod TAC and 10.7 percent of the 

Aleutian Islands Pacific cod TAC to the 

Community Development Quota (CDQ) 

Program for exclusive harvest by 

Western Alaska CDQ groups. Section 

305(i) of the MSA specifies the methods 

for allocating these harvest privileges. 

Once allocated, CDQ groups must 

ensure that they do not exceed their 

allocations. 

The portion that remains after 

subtraction of the CDQ allocation from 

each TAC is the initial TAC (ITAC) for 

the Bering Sea and Aleutian Islands. 

NMFS combines the Bering Sea ITAC 

and the Aleutian Islands ITAC into one, 

BSAI non-CDQ Pacific cod TAC. This 

combined BSAI non-CDQ Pacific cod 

TAC is then allocated among, and 

available for harvest by, nine non-CDQ 

fishery sectors. Regulations at 

§ 679.20(a)(7)(ii)(A) define the nine nonCDQ fishery sectors and specify the 

percentage of the BSAI non-CDQ Pacific 

cod TAC allocated to each. The nonCDQ fishery sectors are defined by a 

combination of gear type (e.g., trawl, 

hook-and-line), operation type (i.e., 

catcher vessel or catcher/processor), and 

vessel size categories (e.g., vessels 

greater than or equal to 60 feet (ft) in 

length overall or less than 60 ft in length 

overall). Through the annual harvest 

specifications process, NMFS allocates 

an amount of the BSAI non-CDQ Pacific 

cod TAC to each of the nine non-CDQ 

fishery sectors. The nine non-CDQ 

fishery sectors and the percentage of the 

BSAI non-CDQ Pacific cod TAC 

allocated to each sector are shown in 

Table 1 below. 

TABLE 1—ALLOCATIONS OF THE BSAI NON-CDQ PACIFIC COD TAC TO THE NON-CDQ FISHERY SECTORS

Non-CDQ fishery sector 

Percentage 

allocation of 

the BSAI 

non-CDQ TAC 

Hook-and-line catcher vessels greater than or equal to 60 ft length overall (LOA) ........................................................................... 0.2 

Jig gear ................................................................................................................................................................................................ 1.4 

Pot catcher/processors ........................................................................................................................................................................ 1.5 

Hook-and-line and pot catcher vessels less than 60 ft LOA .............................................................................................................. 2.0 

American Fisheries Act (AFA) trawl catcher/processors ..................................................................................................................... 2.3 

Pot catcher vessels greater than or equal to 60 ft LOA ..................................................................................................................... 8.4 

Non-AFA trawl catcher/processors (Amendment 80 catcher/processors) .......................................................................................... 13.4 

Trawl catcher vessels .......................................................................................................................................................................... 22.1 

Hook-and-line catcher processors ....................................................................................................................................................... 48.7 

NMFS manages each of the fishery 

sectors to ensure harvest of Pacific cod 

does not exceed the sector’s annual 

allocation. NMFS monitors harvests that 

occur by vessels being used to conduct 

directed fishing for Pacific cod (that is, 

participants who are specifically 

targeting and retaining Pacific cod above 

specific threshold levels) and harvests 

that occur by vessels being used to 

conduct directed fishing for other 

species and incidentally catching 

Pacific cod (e.g., the incidental catch of 

Pacific cod in the directed pollock 

fishery). Section 679.2 provides the 

regulatory definition of ‘‘directed 

fishing.’’ For the non-AFA trawl 

catcher/processor sector, also known as 

the Amendment 80 sector, NMFS 

allocates exclusive harvest privileges to 

participants within that sector that 

cannot be exceeded. For the other nonCDQ fishery sectors, NMFS carefully 

tracks both directed and incidental 

catch of Pacific cod. An allocation to a 

non-CDQ fishery sector may be 

harvested in either the Bering Sea or the 

Aleutian Islands, subject to the Pacific 

cod ITAC specified for the Bering Sea or 

the Aleutian Islands. NMFS takes 

appropriate management measures, 

such as closing directed fishing for a 

fishery sector, to ensure that total 

directed fishing and incidental fishing 

harvests do not exceed that sector’s 

allocation. Section 2.7 of the Analysis 

describes NMFS’ management of the 

non-CDQ fishery sectors. 

Allocations of Pacific cod to the CDQ 

Program and to the non-CDQ fishery 

sectors are further apportioned by 

season dates established at 

§ 679.23(e)(5). In general, regulations 

apportion CDQ and non-CDQ fishery 

sector allocations among three seasons 

that correspond to the early (A-season), 

middle (B-season), and late (C-season) 

portions of the year. The specific season 

dates established for the CDQ Program 

and each of the non-CDQ fishery sectors 

were provided in the final 2020 and 

2021 harvest specifications for 

groundfish of the BSAI (83 FR 13553, 

March 9, 2020). Depending on the 

specific CDQ Program or non-CDQ 

fishery sector allocation, between 40 

percent and 70 percent of the Pacific 


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78040 Federal Register / Vol. 85, No. 233 / Thursday, December 3, 2020 / Rules and Regulations 

cod allocations are apportioned to the 

A-season, historically the most lucrative 

fishing season due to the presence of 

valuable roe in the fish and the good 

quality of the flesh during that time of 

year. 

The allocation of Pacific cod among 

the CDQ Program and the nine non-CDQ 

fishery sectors, as well as the seasonal 

apportionment of those allocations, 

create a large number of distinct sector 

and season allocations. The regulations 

allow NMFS to reallocate (rollover) any 

unused portion of a seasonal 

apportionment from any non-CDQ 

fishery sector (except the jig sector) to 

that sector’s next season during the 

current fishing year, unless the Regional 

Administrator determines a non-CDQ 

fishery sector will not be able to harvest 

its allocation (see § 679.20(a)(7)(iv)(B)). 

Permits and Licenses 

To monitor compliance with harvest 

catch limits, prohibited species (nonretained) catch limits, and sideboard 

regulations that limit participation in 

other fisheries, NMFS requires various 

permits that authorize or restrict access 

to the groundfish fisheries in the 

Federal waters of the BSAI. The two 

most relevant permits associated with 

this final rule are FFPs and LLP 

licenses. 

1. Federal Fisheries Permit 

All vessels that retain BSAI Pacific 

cod in the EEZ are required to have an 

FFP on board the vessel at all times 

(§ 679.4(b)(1)). An FFP authorizes a 

vessel owner to deploy a vessel to 

conduct fishing operations in the EEZ of 

the BSAI in accordance with the 

endorsements on the FFP. An FFP 

includes many endorsements, such as 

type of gear (e.g., pot, hook-and-line, 

and trawl), vessel operation category 

(catcher vessel, catcher/processor, 

mothership, tender vessel, or support 

vessel), and regulatory area of operation 

(e.g., BSAI) in which a permitted vessel 

is eligible to fish. In some fisheries, a 

species endorsement is also required. 

For example, the owners and operators 

of harvesting vessels that participate in 

the directed BSAI Pacific cod fisheries, 

except vessels using jig gear, are 

required to have an FFP endorsement 

for Pacific cod, along with 

endorsements for the gear type used to 

fish for Pacific cod, the vessel operation 

type, and the regulatory area(s) in which 

the fishery is prosecuted. All CDQ 

vessels and all non-jig vessels listed in 

Table 1 are required to have an FFP 

onboard that is endorsed for Pacific cod. 

A vessel may not be operated in a 

category other than what is specified on 

the FFP. 

The operators of harvesting vessels 

that possess an FFP are required to 

comply with NMFS observer coverage 

requirements (§ 679.50(a)). In addition, 

FFP holders participating in a pollock, 

Atka mackerel, or Pacific cod fishery in 

the BSAI are required to have on board 

the vessel a transmitting vessel 

monitoring system (VMS) 

(§ 679.28(f)(6)). A VMS consists of a 

NMFS-approved transmitter that 

automatically determines a vessel’s 

position and transmits that information 

to NMFS. While Pacific cod directed 

fisheries are open, all harvesting vessels 

with an FFP endorsed with a hook-andline, pot, or trawl Pacific cod 

endorsement are required to have an 

operational VMS, regardless of where 

the vessel is fishing at the time or what 

the vessel is targeting. Thus, a VMS is 

required of all vessels with an FFP 

endorsed for Pacific cod hook-and-line, 

pot, or trawl gear while fishing in state 

waters (0 to 3 nm) adjacent to the BSAI. 

However, because these Federal 

requirements apply as a condition of 

being issued an FFP, operators of 

vessels that have not been issued an FFP 

and that fish exclusively in state waters 

are not required to possess an FFP or 

have an FFP on board the vessel, and 

such vessels are not subject to Federal 

observer, VMS, or recordkeeping and 

reporting requirements unless specified 

by the State. 

FFPs are valid for three years and, 

unless revoked, suspended, or 

surrendered, are in effect from the date 

of issuance through the end of the threeyear cycle. The current cycle of FFPs 

issued for vessels that operate in Alaska 

waters is January 1, 2018, through 

December 31, 2020. A vessel operator 

with an FFP can surrender the permit at 

any time and have NMFS reissue the 

FFP any number of times within the 

three-year cycle. 

While any vessel owner can apply for 

an FFP with any combination of vessel 

operation, area, gear, or species 

endorsements, an FFP, by itself, does 

not necessarily authorize the FFP holder 

or the vessel named on the FFP to 

participate in the Federal Pacific cod 

fisheries. Most of the vessels that are 

used to participate in the Federal Pacific 

cod fisheries in the BSAI are also are 

required to have a groundfish LLP 

license. 

2. License Limitation Program (LLP) 

License 

A groundfish LLP license authorizes a 

vessel to be used in a directed fishery 

for groundfish in the BSAI in 

accordance with the specific area and 

species endorsements, the vessel and 

gear designations, the maximum length 

overall (MLOA) specified on the license, 

and any exemption from the MLOA 

specified on the license. Most vessel 

operators fishing for groundfish in the 

BSAI must have an LLP license on 

board at all times when the vessel is 

engaged in fishing activities (§ 679.4(k)). 

LLP licenses are issued by NMFS to 

qualified persons. Exemptions to the 

LLP license requirement in the BSAI are 

listed at § 679.4(k)(2), including an 

exemption for any vessel that does not 

exceed 32 ft (9.8 m) length overall 

(LOA), and an exemption for jig vessels 

less than or equal to 60 ft (18.3 m) LOA 

that use a maximum of 5 jig machines, 

one line per jig machine, and a 

maximum of 15 hooks per line. 

In order to participate in the BSAI 

Pacific cod fisheries, several 

endorsements are required to be 

specified on an LLP license, such as 

vessel operation type, area, gear 

designation, and maximum length 

overall (MLOA). The endorsements for 

operation type on LLP licenses are 

either catcher vessel or catcher/ 

processor. A catcher vessel endorsement 

allows a vessel to harvest but not 

process fish on board. A catcher/ 

processor endorsement allows both 

harvesting and onboard processing, and 

also allows a vessel to deliver the catch 

to a separate processor. Area 

endorsements on BSAI groundfish LLP 

licenses authorize a vessel to fish in 

either the Bering Sea, the Aleutian 

Islands, or both areas. Gear 

endorsements for BSAI groundfish LLP 

licenses are either for trawl, non-trawl, 

or both gear types. For groundfish 

vessels with non-trawl endorsed 

licenses, NMFS implemented 

regulations in 2002 that require a Pacific 

cod endorsement for hook-and-line and 

pot gear LLP licenses on catcher/ 

processor vessels and catcher vessels 

that are 60 ft (18.3 m) LOA or greater 

and that are used to participate in the 

BSAI Pacific cod fisheries (67 FR 18130, 

April 15, 2002). Catcher vessels less 

than 60 ft (18.3 m) are exempt from the 

required Pacific cod endorsement on 

their LLP license. 

Groundfish LLP licenses also identify 

whether the license is associated with 

the Amendment 80, American Fisheries 

Act, or Gulf of Alaska Rockfish license 

limitation programs. BSAI groundfish 

LLP licenses further specify whether the 

license is restricted by regulatory 

sideboards from being used in other 

fisheries. 

In general, a vessel is authorized to 

use only the gear that is designated on 

the LLP license. Unlike the FFP, the 

endorsements on an LLP license are not 

generally severable and an LLP license, 

with its associated endorsements, can be 


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Federal Register / Vol. 85, No. 233 / Thursday, December 3, 2020 / Rules and Regulations 78041 

reassigned to a different vessel only 

once per year. Like FFPs, operators of 

vessels that have not been issued an LLP 

license and that fish exclusively in state 

waters fisheries are not required to 

comply with Federal requirements for 

LLP licenses. 

BSAI State Waters Pacific Cod Fisheries 

As mentioned above, catch limits for 

the Federal Pacific cod fisheries include 

the sum of harvests that come from 

BSAI Federal waters and from the 

concurrent state parallel Pacific cod 

fisheries. Under the authority of Alaska 

statutes and regulations, the Alaska 

Department of Fish and Game (ADF&G) 

manages two parallel Pacific cod 

fisheries and three GHL fisheries in the 

state waters adjacent to the BSAI EEZ. 

Two of the GHL fisheries are held in the 

State’s Dutch Harbor Subdistrict of the 

Bering Sea; the third is within the 

Aleutian Islands Subdistrict of the 

Aleutian Islands. 

Parallel Pacific Cod Fisheries 

During the Federal BSAI Pacific cod 

fisheries in the EEZ, the State creates 

concurrent, or parallel, Pacific cod 

fisheries in state waters by generally 

adopting NMFS management actions for 

state waters. The initial Federal BSAI 

Pacific cod season (‘‘A-Season’’) opens 

January 1 for vessels using hook-andline, pot, and jig gear, and January 20 for 

vessels using trawl gear. Unless 

specifically prohibited by State 

regulation, (e.g., nonpelagic trawl gear is 

prohibited in state waters by 5 AAC 

39.164 (4)), the State authorizes the 

same gear types, seasons, and bycatch 

limits that apply in the adjacent Federal 

BSAI Pacific cod season during a 

parallel fishery. In addition, during 

these State parallel Pacific cod fisheries, 

vessels using longline gear may not 

exceed 58 feet in overall length (OAL) 

(5 AAC 28.690(c)). Except for vessels 

using mechanical jigging machines, 

State regulations require all vessels that 

participate in a parallel Pacific cod 

fishery to have an activated VMS (5 

AAC 28.087(c)). 

Although the State adopts many of the 

management measures applicable to 

vessels participating in the Federal 

BSAI Pacific cod fisheries in the EEZ, 

the State does not require vessels that 

participate in the State’s parallel Pacific 

cod fisheries to possess an FFP or an 

LLP license. Effective January 1, 2012, 

NMFS implemented regulations at 

§ 679.7 that prohibit federally permitted 

catcher/processor pot and catcher/ 

processor hook-and-line vessels from 

being used to catch and retain Pacific 

cod in state waters during the State’s 

parallel fisheries unless the vessel is 

designated on an FFP and an LLP 

license that have the required 

endorsements (76 FR 73513, November 

29, 2011). Additionally, regulations at 

§ 679.7 require Federal permit holders 

who operate vessels in these two 

catcher/processor sectors to adhere to 

the Federal BSAI Pacific cod opening 

and closing periods when they 

participate in the State’s parallel 

fisheries. At this time, vessels in other 

non-CDQ fishery sectors may participate 

in the State’s Pacific cod parallel 

fisheries without having an FFP, an LLP 

license, and endorsements necessary to 

participate in the Federal fishery. 

As mentioned above, Pacific cod 

harvested during the State’s parallel 

fisheries accrue toward the Federal 

Pacific cod TAC. The State closes a 

parallel Pacific cod fishery by gear 

sector when NMFS determines the TAC 

for a Federal fishery sector using that 

gear type has been reached or when 

incidental species allowances are met. 

Section 2.7 of the Analysis and the 

preamble to the proposed rule provide 

specific details on the number of vessels 

that have participated in the State’s 

BSAI Pacific cod parallel fisheries, by 

vessel sector, over the 2010–2019 

period. For all sectors combined, the 

total number of participating vessels in 

the BSAI Pacific cod parallel fisheries 

has ranged from 13 to 39 vessels per 

year. The proportion of Pacific cod that 

those vessels have caught in state waters 

during the concurrent BSAI Federal 

waters and State parallel fisheries varies 

by sector, but for all sectors combined 

has ranged from 2 percent to 5 percent 

of their total BSAI Pacific cod catch over 

the 2010–2019 period. 

GHL Fisheries 

State GHL fisheries for Pacific cod are 

also prosecuted in state waters, but 

occur when fishing by specific Pacific 

cod sectors in the Federal and parallel 

fisheries is closed. The State currently 

manages GHL fisheries adjacent to both 

the BSAI subareas. The GHL fisheries 

may re-open and close as needed to 

coordinate with Federal fishery 

openings. 

The Alaska Board of Fisheries (BOF) 

established the Dutch Harbor 

Subdistrict (DHS) state waters Pacific 

cod GHL fishery in 2013 (5 AAC 

28.648). Pot and jig gear are the only 

legal gear types. In the Aleutian Islands 

Subdistrict GHL fishery (5 AAC 28.647), 

state regulations allow trawl, longline, 

pot, and jig gear vessels. More 

information on the GHL fisheries in the 

Dutch Harbor and Aleutian Islands 

Subdistricts can be found in section 2.6 

of the Analysis and in the preamble to 

the proposed rule. 

Need for this Action 

This final rule prohibits some 

federally permitted vessels from fishing 

for Pacific cod in the State of Alaska’s 

parallel fisheries in the BSAI. Under 

current regulations, Federal FFPs and 

LLP licenses are only required for 

fishing activity in the EEZ. As a result, 

some vessels without an FFP or LLP 

license, and other vessels that have an 

FFP but with an LLP license that is not 

endorsed for Pacific cod fishing in the 

adjacent BSAI Federal waters, have 

participated in the State’s parallel 

fisheries. Additionally, the State is 

legally constrained from allocating 

resources within a single fishery, and as 

a result does not recognize sector 

allocations based on operation types, 

such as catcher vessel versus catcher/ 

processor designations. This 

circumstance has inadvertently allowed 

fishing in the State parallel fisheries by 

catcher vessels even when the Federal 

fishery sector for those vessels has fully 

achieved its Federal Pacific cod 

allocation. This has been most common 

among hook-and-line vessels. The 

Council determined, and NMFS agrees, 

that this fishing activity has negative 

effects on the Federal management 

regime for BSAI Pacific cod and must be 

curtailed to maintain the conservation 

and management benefits intended by 

the Council and implemented by NMFS. 

For example, the Federal Pacific cod 

seasons for the hook-and-line catcher/ 

processor sector typically remain open 

to directed fishing for much of the year, 

whereas the seasons for hook-and-line 

catcher vessel sectors, which fish under 

much smaller allocations, normally 

close earlier in the year. Because the 

State does not recognize sector 

allocations based on operation types, 

the State parallel Pacific cod fishery 

remains open for much of the year, so 

long as the Federal catcher/processor 

hook-and-line season is open. Therefore, 

when the catcher vessel hook-and-line 

allocation has been achieved, and 

NMFS closes that sector’s season in 

Federal waters, some of those vessels 

have continued to fish for Pacific cod in 

state waters. When this has occurred, 

NMFS has been obligated to reallocate 

Pacific cod from other sectors to prevent 

overharvest of the area TAC. The 

Council determined that this 

complicates Federal conservation and 

management measures that are intended 

to hold sectors to their allocations and 

it also undermines the intent of 

previous Council decisions regarding 

license limitation, sector allocations, 

and catch reporting. 

When evaluating these issues, the 

Council also considered the terms under 


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78042 Federal Register / Vol. 85, No. 233 / Thursday, December 3, 2020 / Rules and Regulations 

which FFPs are issued. Under current 

regulations, an FFP is issued in a threeyear cycle, but within that period, a 

vessel operator can surrender the FFP at 

any time, then reapply for a reissuance 

of the permit any number of times 

within the three-year cycle. This would 

provide an opportunity for vessel 

operators to avoid the prohibitions in 

this rule. Lengthening the amount of 

time that must pass between the period 

when a person surrenders an FFP and 

later reapplies for a new FFP will create 

a disincentive for vessel owners to 

circumvent Federal regulations by 

temporarily surrendering the FFP. 

Similar concerns apply to FFP 

amendments. 

This final rule addresses these issues. 

The regulations in this final rule are 

similar to regulations implemented by 

NMFS in 2011 as part of Amendment 83 

to the Fishery Management Plan for 

Groundfish of the Gulf of Alaska (76 FR 

74670, December 1, 2011), and are also 

similar to regulations that apply to pot 

and hook-and-line catcher/processors in 

the BSAI (76 FR 73513, November 29, 

2011). 

Description of the Final Rule and 

Effects 

FFP Requirements and LLP License 

This rule prohibits a trawl, hook-andline, or pot gear vessel that is named on 

an FFP or LLP license to catch and 

retain BSAI Pacific cod in state waters 

during the State’s parallel Pacific cod 

fisheries unless the vessel is named on 

an FFP and LLP license that have the 

required endorsements. In addition, this 

rule prohibits a federally permitted 

hook-and-line, pot, or trawl gear vessel 

from catching and retaining BSAI 

Pacific cod in state waters during the 

State’s parallel fisheries when NMFS 

has closed the corresponding sector to 

directed Pacific cod fishing in the EEZ. 

Through this permit condition, federally 

permitted vessels will be required to 

adhere to Federal seasonal Pacific cod 

closures and other management 

measures for their fishery sector when 

participating in the State’s parallel 

fisheries. 

Additionally, the regulations 

implemented by this final rule limit the 

number of times in which a vessel 

owner may relinquish an FFP and then 

reapply for a new FFP. Specifically, if 

an FFP is issued to a pot or hook-andline catcher vessel with a Bering Sea or 

Aleutian Islands Pacific cod 

endorsement, or to a trawl vessel with 

a Bering Sea or Aleutian Islands 

endorsement, and if the FFP for the 

vessel is surrendered, then the vessel 

will not be eligible to receive a new FFP 

until after the expiration date of the 

surrendered FFP. 

As noted above, the Council’s intent 

for the regulatory amendments in this 

rule is to expand upon rules already in 

place for BSAI catcher/processor vessels 

that fish for Pacific cod with pot or 

hook-and-line gear. Federal regulations 

currently require these two catcher/ 

processor sectors to have an FFP and 

LLP license with correct Federal Pacific 

cod endorsements in order to fish in the 

parallel fisheries (76 FR 73513, 

November 29, 2011). The two Pacific 

cod catcher/processor sectors are also 

subject to the FFP relinquish and 

reapply rules mentioned above. 

The regulations in this final rule 

reflect the Council’s intent and do not 

modify the regulatory requirements for 

vessels using jig gear in the BSAI. 

Additionally, this rule does not limit 

participation in the state waters GHL 

fisheries. 

Section 2.7.6 of the Analysis and the 

Final Regulatory Flexibility Analysis 

(FRFA) below provide details on the 

number and type of vessels that may 

potentially be affected by the 

regulations in this rule. 

Amending, Surrendering, and Reissuing 

an FFP 

The regulations established in this 

rule also prohibit amendment of an FFP 

during its effective period and create a 

disincentive for a vessel operator to 

surrender, or relinquish, their FFP 

during its effective period. Under 

current regulations, an FFP holder could 

avoid vessel observer coverage, catch 

reporting, and FFP and LLP 

requirements by amending or 

surrendering their FFP to fish in the 

State’s Pacific cod parallel fishery, and 

then requesting that NMFS amend or 

reissue the FFP so that the vessel can be 

used to resume fishing in the EEZ. 

Amending or surrendering an FFP in 

this fashion may degrade the quality of 

information available to NMFS to 

manage the Pacific cod fishery and 

provide an opportunity to undermine 

the intent of this rule. As noted above, 

FFPs are currently issued on a threeyear cycle; however, a vessel operator 

with an FFP can amend or surrender the 

permit at any time and have the FFP 

reissued any number of times within the 

three-year cycle. Prohibiting an 

amendment of an issued FFP during the 

three-year cycle and lengthening the 

amount of time that must pass before a 

person can reapply for a surrendered 

FFP makes it more difficult for FFP 

holders to circumvent the regulations by 

temporarily amending or surrendering 

the FFP. The regulatory provisions in 

this final rule for FFPs will address 

situations where a vessel owner could 

choose to amend or surrender the FFP 

before fishing in the State parallel or 

GHL fisheries to avoid NMFS observer 

coverage or recordkeeping and reporting 

requirements, and then seek to amend 

or reissue the FFP for the opening of the 

Federal waters fishery. 

Final Regulations 

This final rule amends paragraphs 

(b)(3)(ii)(B) and (b)(3)(iii)(B) in 50 CFR 

679.4 by expanding the scope of the 

applicable FFP vessel operation types to 

include both catcher/processors and 

catcher vessels. The revisions also 

specify that the applicable FFP gear 

types include trawl, pot, and hook-andline gears. Note this final rule explicitly 

excludes vessels using jig gear from 

these regulatory actions. 

This final rule amends paragraphs 

(c)(3) and (4) in 50 CFR 679.7 to expand 

the scope of vessels that are prohibited 

from participating in the BSAI parallel 

fisheries without properly endorsed LLP 

licenses. The former regulations that 

restrict fishing in the Pacific cod 

parallel fisheries applied only to 

catcher/processor vessels fishing pot or 

hook-and-line gear in the parallel waters 

of the BSAI. This action changes the 

regulations to identify both catcher/ 

processor and catcher vessel operation 

types, and to include vessels using 

trawl, pot, and hook-and-line gear types 

in the regulations. 

Modifying the regulations currently at 

§ 679.7(c)(4)(i) to include trawl, pot, and 

hook-and-line gear types provides an 

opportunity to simplify the regulations 

by deleting paragraph (c)(4)(ii) in 

§ 679.7. 

Lastly, this final rule amends 

paragraph (b)(3)(i) in 50 CFR 679.4 to 

specifically reference the three-year 

cycle NMFS uses for issuing FFPs. 

Regulations at § 679.4(b) govern 

issuance of FFPs, and for many years 

specifically referenced the three-year 

cycle followed by NMFS for issuing 

FFPs. NMFS proposed to maintain the 

three-year cycle when it published a 

proposed rule to modify recordkeeping 

and reporting regulations in 2007 (72 FR 

35747; June 29, 2007). However, the 

specific reference to the three-year cycle 

was inadvertently omitted in the 

supplemental proposed rule (73 FR 

55368; September 24, 2008) and not 

included in the final rule for that action 

(73 FR 76136; December 15, 2008). 

NMFS has continued to use a three-year 

cycle for issuing FFPs and this final rule 

will reinsert the specific reference to 

this cycle. 


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Federal Register / Vol. 85, No. 233 / Thursday, December 3, 2020 / Rules and Regulations 78043 

Changes From Proposed to Final Rule 

NMFS did not make any substantive 

changes to the regulatory text in this 

final rule from the regulatory text in the 

proposed rule. 

Comments and Responses 

NMFS received and considered four 

unique, relevant comment letters on the 

proposed rule. All public comment 

letters submitted during the comment 

period may be obtained from 

www.regulations.gov. Three of the 

letters expressed support for the 

proposed regulations, and one letter did 

not support the proposed rule. None of 

the individual commenters identified 

themselves as direct participants in the 

BSAI Pacific cod fisheries. All three 

letters that supported the proposed rule 

were submitted anonymously, and 

NMFS cannot determine whether they 

were submitted by separate individuals. 

The letters and comments are grouped, 

summarized, and responded to below. 

Comment 1: The three comment 

letters that supported the proposed 

regulations each expressed the 

importance of avoiding overfishing. The 

letters mentioned the conservation and 

management benefits of enhancing 

proper catch accounting in the fisheries. 

Two of the comment letters recognized 

that Pacific cod in the BSAI are not 

overfished. 

Response: NMFS acknowledges these 

comments, and reiterates the benefits of 

this rule, which are to enhance the 

management of the Pacific cod fisheries 

and to reflect the intent of the Council 

regarding license limitation, vessel 

sector allocations of Pacific cod, and 

proper catch reporting. NMFS agrees 

that Pacific cod in the BSAI are 

currently not overfished. 

Comment 2: Two of the three 

supporting letters suggested the new 

regulations would assist NMFS by 

making it easier to discipline or punish 

persons who exceed the Pacific cod 

TAC. 

Response: NMFS agrees that keeping 

harvests within TAC limits is an 

essential element of effective 

management; however, the record that 

supports this final rule does not reflect 

concerns with the agency’s current 

enforcement of overharvest limits or 

deterrence of regulatory violations. 

Comment 3: One comment did not 

support the proposed rule, and briefly 

expressed it would not be beneficial to 

American citizens or to the fish. 

Response: NMFS has determined that 

the final rule is consistent with the 

BSAI FMP, the MSA, and other 

applicable law and disagrees with the 

premise of the comment. Regulations 

similar to those adopted under this final 

rule have been in place since 2011 for 

the parallel Pacific cod fisheries in the 

Gulf of Alaska and for catcher/processor 

vessels that harvest Pacific cod in the 

BSAI. In each of these cases, the 

regulations have proven to be effective 

by enhancing the management of the 

fisheries. The regulations in this rule 

reflect the Council’s and NMFS’s intent 

to adopt similar regulations for Pacific 

cod catcher vessel operations in the 

BSAI. 

Classification 

Pursuant to Section 304(b)(3) of the 

MSA, the NMFS Assistant 

Administrator has determined that this 

final rule is consistent with the BSAI 

FMP, other provisions of the MSA, and 

other applicable law. 

This final rule has been determined to 

be not significant for purposes of 

Executive Order 12866. 

This final rule is not an Executive 

Order 13771 regulatory action because 

this rule is not significant under 

Executive Order 12866. 

Regulatory Impact Review 

An RIR was prepared to assess the 

costs and benefits of available regulatory 

alternatives. A copy of this analysis is 

available from NMFS (see ADDRESSES). 

NMFS has adopted the action 

alternative over the former status quo, 

and makes regulatory revisions in this 

final rule based on those measures that 

maximized net benefits to the Nation. 

Specific aspects of the economic 

analysis are discussed below in the 

Final Regulatory Flexibility Analysis 

(FRFA) section. More information is 

provided in the Analysis, as well as in 

the preamble to this rule and in the 

preamble to the proposed rule. 

Final Regulatory Flexibility Analysis 

(FRFA) 

A final regulatory flexibility analysis 

(FRFA) was prepared in this final rule. 

This FRFA incorporates the initial 

regulatory flexibility analysis (IRFA). 

Section 604 of the Regulatory 

Flexibility Act (RFA) (5 U.S.C. 604) 

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 FRFA. Section 604 describes 

the required 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 IRFA, a 

statement of the assessment of the 

agency of such issues, and a statement 

of any changes made to 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 (SBA) 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 that 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 this 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. 

A description of this rule, along with 

the need for and objectives of the rule, 

are contained in the preamble herein 

and in the preamble to the proposed 

rule (85 FR 58322, September 18, 2020), 

and are not repeated here. 

Public and Chief Counsel for Advocacy 

Comments on the IRFA 

NMFS published the proposed rule on 

September 18, 2020 (85 FR 58322). An 

IRFA was prepared and included in the 

Classification section of the preamble to 

the proposed rule. The comment period 

on the proposed rule ended on October 

19, 2020. None of the comments from 

the public directly or indirectly 

referenced the IRFA. 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 Final Rule 

For RFA purposes only, NMFS has 

established a small business size 

standard for businesses, including their 

affiliates, whose primary industry is 

commercial fishing (see 50 CFR 200.2). 

A business primarily engaged in 

commercial fishing (NAICS code 11411) 

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 receipts not in excess 


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78044 Federal Register / Vol. 85, No. 233 / Thursday, December 3, 2020 / Rules and Regulations 

of $11 million for all its affiliated 

operations worldwide. 

This final rule directly regulates 

individuals and entities that participate, 

or would seek to participate, in the 

BSAI Pacific cod parallel fisheries with 

federally permitted vessels using trawl, 

hook-and-line, or pot gear. The Analysis 

indicates that 192 vessels have a history 

of participation in the BSAI targeted 

Pacific cod fisheries over the 2010–2019 

period. Based upon the estimated exvessel earnings of these vessels, the 

Analysis also indicates that 71 of these 

vessels are considered small entities. Of 

the 30 vessels that are expected to be 

directly impacted by the regulations in 

this rule, 29 are considered small 

entities, based on SBA criteria. 

This rule, which prohibits certain 

federally permitted vessels from 

catching and retaining Pacific cod in the 

State’s parallel fishery unless the vessel 

has the required permits, licenses, and 

endorsements, is intended to reflect the 

intent of previous recommendations by 

the Council regarding license limitation, 

vessel sector allocations of Pacific cod, 

and catch reporting. Additionally, this 

rule is expected to enhance the 

conservation and management of the 

fisheries by holding vessel sectors to 

their allocations and to promote the 

goals and objectives of the BSAI FMP 

for the Federal Pacific cod fishery. In 

2011, NMFS implemented provisions 

similar to this final rule as part of 

Amendment 83 to the Fishery 

Management Plan for Groundfish of the 

Gulf of Alaska. Regulations established 

by this final rule are also very similar to 

current regulations that control the 

participation of catcher/processor hookand-line and pot gear vessels in the 

BSAI; the regulations in this rule 

effectively add BSAI hook-and-line 

catcher vessels, pot catcher vessels, and 

trawl gear vessels to the existing body 

of BSAI fishing regulations. 

The majority of the 30 vessel owners 

who are directly impacted by this rule 

currently have LLP licenses that allow 

them to participate in the parallel 

fisheries. Five of the 30 vessels 

currently do not have FFPs, which 

prevents them from fishing in Federal 

waters. Under this final rule, these 

vessels could continue to fish as they do 

now, solely in state waters. However, if 

the vessel owners choose to obtain an 

FFP, their vessels would have the 

flexibility to fish in both state and 

Federal waters during the directed 

Federal Pacific cod fishery for their 

sector. Also among the 30 directly 

impacted vessels, 15 other vessels are 

currently associated with FFPs and are 

linked to LLP licenses that allow them 

to continue to fish for Pacific cod in 

both Federal and state waters during the 

concurrent Federal and parallel 

fisheries; however, in previous years, an 

incremental portion of their 

participation has occurred in the 

parallel fishery when their sector was 

closed to fishing in Federal waters. 

Under this final rule, these vessels will 

no longer be able to circumvent seasonal 

closures for their sector by participating 

in the parallel fishery after their Federal 

sector has been closed. This ensures that 

their Pacific cod harvests will be 

attributed to the appropriate sector, as 

designated on their LLP license. 

Vessel owners most likely to be 

impacted by this final rule are those 

whose vessels have an FFP and 

participate in the parallel fishery, but 

who do not have the appropriate LLP 

license to fish for Pacific cod in the 

BSAI Federal waters. These vessels 

could either exit the parallel fishery and 

therefore the BSAI Pacific cod fishery 

entirely, or they could forfeit their FFP 

(and therefore fish solely in state waters, 

but also forfeit Federal fishing 

opportunities associated with their 

FFP), or they could obtain a valid LLP 

license that would allow them the 

flexibility to participate in both the 

Federal and parallel Pacific cod 

fisheries. Because LLP licenses are a 

transferable and marketable asset, the 

owners’ decisions will likely be 

influenced by the cost and availability 

of an LLP license. 

Recordkeeping, Reporting, and other 

Compliance Requirements 

Under this final rule, recordkeeping 

and reporting will not change for 

federally permitted catcher vessels that 

participate in the directed BSAI nonCDQ Pacific cod fisheries. The scope of 

this final rule modifies the conditions of 

Federal permits and imposes 

participation requirements for certain 

federally permitted vessels when fishing 

for Pacific cod in the parallel fisheries. 

This action also modifies the conditions 

under which existing permits may be 

used. Those specific requirements and 

the permit conditions are described in 

the preambles to this rule and to the 

proposed rule, and are not repeated 

here. 

Duplicate, Overlapping, or Conflicting 

Federal Rules 

No duplication, overlap, or conflict 

between this final rule and existing 

Federal rules has been identified. 

Description of Significant Alternatives 

Considered to the Final Action That 

Minimize Adverse Impacts on Small 

Entities 

The Council and NMFS considered 

two alternatives. Among the two 

alternatives, Alternative 2 (the 

preferred, action alternative) promotes 

conservation, management, and catch 

accounting measures that were 

previously adopted by the North Pacific 

Fishery Management Council (Council) 

regarding license limitation, sector 

allocations, and catch reporting. As 

noted in the preamble to this rule, the 

Council’s intent for the regulatory 

amendments of Alternative 2 is to 

expand upon rules already in place for 

BSAI catcher/processor vessels that fish 

for Pacific cod with pot or hook-andline gear. Federal regulations currently 

require these two catcher/processor 

sectors to have an FFP and LLP license 

with correct Federal Pacific cod 

endorsements in order to fish in the 

parallel fisheries (76 FR 73513, 

November 29, 2011). These two Pacific 

cod catcher/processor sectors are also 

subject to the FFP relinquish and 

reapply rules implemented by this rule. 

Alternative 1 was the no action 

alternative. Under the status quo, the 

regulations inadvertently allow fishing 

in the State parallel fisheries by catcher 

vessels even when the Federal fishery 

sector for those vessels has fully 

achieved its Federal Pacific cod 

allocation, which is contrary to the 

Council’s intent. 

The regulations in this final rule do 

not modify the regulatory requirements 

for vessels using jig gear in the BSAI. 

Additionally, this rule does not limit 

participation in the state waters GHL 

fisheries. 

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, 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. NMFS will publish on 

its website a summary of this 

rulemaking including compliance 

requirements that will serve as the small 

entity compliance guide. Copies of the 

proposed rule and this final rule are 

available from the NMFS website at 

https://fisheries.noaa.gov/region/alaska. 

Collection-of-Information Requirements 

This final rule does not contain a 

change to a collection of information 

requirement for purposes of the 

Paperwork Reduction Act of 1995. The 

existing collection of information 


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Federal Register / Vol. 85, No. 233 / Thursday, December 3, 2020 / Rules and Regulations 78045 

requirements would continue to apply 

under the following OMB Control 

Numbers: 0648–0206, Alaska Region 

Permit Family of Forms (FFP), and 

0648–0334, Alaska License Limitation 

Program for Groundfish, Crab, and 

Scallops. 

List of Subjects in 50 CFR Part 679 

Alaska, Fisheries, Reporting and 

recordkeeping requirements. 

Dated: November 25, 2020. 

Samuel D. Rauch, III 

Deputy Assistant Administrator for 

Regulatory Programs, National Marine 

Fisheries Service. 

For the reasons set out in the 

preamble, NMFS amends 50 CFR part 

679 as follows: 

PART 679—FISHERIES OF THE 

EXCLUSIVE ECONOMIC ZONE OFF 

ALASKA 

■ 1. The authority citation for part 679 

continues to read as follows: 

Authority: 16 U.S.C. 773 et seq.; 1801 et 

seq.; 3631 et seq.; Pub. L. 108–447; Pub. L. 

111–281. 

■ 2. In § 679.4, revise paragraphs 

(b)(3)(i), (b)(3)(ii)(B), and (b)(3)(iii)(B) to 

read as follows: 

§ 679.4 Permits. 

* * * * * 

(b) * * * 

(3) * * * (i) Length of permit 

effectiveness. NMFS issues FFPs on a 

three-year cycle and an FFP is in effect 

from the effective date through the 

expiration date, as indicated on the FFP, 

unless the FFP is revoked, suspended, 

surrendered in accordance with 

paragraph (a)(9) of this section, or 

modified under § 600.735 or § 600.740 

of this chapter. 

(ii) * * * 

(B) For the BSAI, NMFS will not 

reissue a surrendered FFP to the owner 

or authorized representative of a vessel 

named on an FFP that has been issued 

with endorsements for catcher/ 

processor or catcher vessel operation 

type; trawl, pot, and/or hook-and-line 

gear type; and the BSAI area, until after 

the expiration date of the surrendered 

FFP as initially issued. 

* * * * * 

(iii) * * * 

(B) In the BSAI, NMFS will not 

approve an application to amend an FFP 

to remove a catcher/processor or catcher 

vessel operation type endorsement, 

trawl gear type endorsement, pot gear 

type endorsement, hook-and-line gear 

type endorsement, or BSAI area 

endorsement from an FFP that has been 

issued with endorsements for catcher/ 

processor or catcher vessel operation 

type, trawl, pot, or hook-and-line gear 

type, and the BSAI area. 

* * * * * 

■ 3. In § 679.7, revise paragraphs (c)(3) 

and (4) to read as follows: 

§ 679.7 Prohibitions. 

* * * * * 

(c) * * * 

(3) Parallel Pacific cod fisheries— 

participation requirements. Use a vessel 

named or required to be named on an 

FFP to catch and retain Pacific cod from 

State of Alaska waters adjacent to the 

BSAI, when Pacific cod caught by that 

vessel is deducted from the Federal TAC 

specified under § 679.20(a)(7)(ii)(A)(2) 

through (9), unless: 

(i) That non-trawl vessel is designated 

on both: 

(A) An LLP license issued under 

§ 679.4(k), unless that vessel is using jig 

gear and exempt from the LLP license 

requirement under § 679.4(k)(2)(iii). 

Each vessel required to have an LLP 

license must be designated with the 

following endorsements: 

(1) The BSAI area endorsement for the 

BSAI area adjacent to the parallel 

fishery where the harvest occurred; and 

(2) A BSAI catcher/processor Pacific 

cod hook-and-line endorsement, a BSAI 

catcher/processor Pacific cod pot 

endorsement, or a BSAI Pacific cod 

catcher vessel endorsement if that 

catcher vessel is 60 feet or greater length 

overall; and 

(B) An FFP issued under § 679.4(b) 

with the following endorsements: 

(1) A catcher/processor or catcher 

vessel operation type endorsement; 

(2) A BSAI area endorsement; and 

(3) A pot or hook-and-line gear type 

endorsement. 

(ii) Or, that trawl vessel is designated 

on both: 

(A) An LLP license issued under 

§ 679.4(k) endorsed for trawl gear with 

the BSAI area endorsement for the BSAI 

area adjacent to the parallel fishery 

where the harvest occurred; and 

(B) An FFP issued under § 679.4(b) 

with the following endorsements: 

(1) The BSAI area endorsement; 

(2) An operational type endorsement; 

(3) A trawl gear type endorsement; 

and 

(4) A Pacific cod gear type 

endorsement. 

(4) Parallel Pacific cod fisheries— 

closures. Use a vessel named or required 

to be named on an FFP to catch and 

retain Pacific cod with trawl, pot, or 

hook-and-line gear from State of Alaska 

waters adjacent to the BSAI when 

Pacific cod caught by that vessel is 

deducted from the Federal TAC 

specified under § 679.20(a)(7)(ii)(A) for 

trawl, pot, or hook-and-line gear, if 

directed fishing for Pacific cod is not 

open for the sector to which the vessel 

belongs in Federal waters. 

* * * * * 

[FR Doc. 2020–26593 Filed 12–2–20; 8:45 am] 

BILLING CODE 3510–22–P 


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