[Federal Register Volume 83, Number 159 (Thursday, August 16, 2018)]
[Proposed Rules]
[Pages 40733-40743]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-17538]



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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Parts 679 and 680

[Docket No. 180327320-8320-01]
RIN 0648-BH88


Fisheries of the Exclusive Economic Zone Off Alaska; Prohibit 
Directed Fishing for American Fisheries Act Program and Crab 
Rationalization Program Groundfish Sideboard Limits in the BSAI and GOA

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

ACTION: Proposed rule; request for comments.

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SUMMARY: NMFS proposes regulations to modify management of the American 
Fisheries Act (AFA) Program and Crab Rationalization (CR) Program. This 
proposed rule has two related actions. The first action would modify 
regulations for AFA Program and CR Program vessels subject to limits on 
the catch of specific species (sideboard limits) in the Bering Sea and 
Aleutian Islands (BSAI) Management Area and Gulf of Alaska (GOA) 
Management Area. The second action would remove the requirement for the 
designated representatives of AFA inshore cooperatives to submit a 
weekly catch report. This proposed rule is intended to reduce 
administrative burdens associated with managing sideboard limits 
through annual harvest specifications, although it would not change 
NMFS's inseason management of sideboard limits and reduce reporting 
burdens for the designated representatives and members of AFA inshore 
cooperatives.

DATES: Comments must be received no later than September 17, 2018.

ADDRESSES: Submit your comments, identified by NOAA-NMFS-2018-0045, by 
either of the following methods:
    <bullet> Federal e-Rulemaking Portal. Go to www.regulations.gov/#!docketDetail;D=NOAA-NMFS-2018-0045, click the ``Comment Now!'' icon, 
complete the required fields, and enter or attach your comments.
    <bullet> Mail: Submit written comments to Glenn Merrill, Assistant 
Regional Administrator, Sustainable Fisheries Division, Alaska Region 
NMFS, Attn: Ellen Sebastian. Mail comments to P.O. Box 21668, Juneau, 
AK 99802-1668.
    Instructions: Comments sent by any other method, to any other 
address or individual, or received after the end of the comment period 
may not be considered by NMFS. All comments received are a part of the 
public record and will generally be posted for public viewing on 
www.regulations.gov without change. All personal identifying 
information (e.g., name, address), confidential business information, 
or otherwise sensitive information submitted voluntarily by the sender 
will be publicly accessible. NMFS will accept anonymous comments (enter 
``N/A'' in the required fields if you wish to remain anonymous).
    Electronic copies of the Regulatory Impact Review (the 
``Analysis'') prepared for this proposed rule may be obtained from 
www.regulations.gov.
    Written comments regarding the burden-hour estimates or other 
aspects of the collection-of-information requirements contained in this 
rule may be submitted by mail to NMFS at the above address; and to OIRA 
by email to <a href="/cdn-cgi/l/email-protection#4906001b08161a3c2b24203a3a2026270926242b672c2639672e263f"><span class="__cf_email__" data-cfemail="0b4442594a54587e69666278786264654b646669256e647b256c647d">[email protected]</span></a> or by fax to (202) 395-5806.

FOR FURTHER INFORMATION CONTACT: Obren Davis, (907) 586-7228.

SUPPLEMENTARY INFORMATION:

Authority for Action

    NMFS manages the groundfish fisheries in the exclusive economic 
zone of the BSAI and Gulf of Alaska (GOA) under the Fishery Management 
Plan for Groundfish of the Bering Sea and Aleutian Islands Management 
Area (BSAI FMP), and the Fishery Management Plan for Groundfish of the 
Gulf of Alaska (GOA FMP). NMFS manages vessels subject to specific 
limitations on the catch of specific species or species groups 
(sideboard limits) under the AFA Program under the BSAI and GOA FMPs, 
and NMFS manages vessels and License Limitation Program (LLP) licenses 
subject to sideboard limits under the CR Program under the Fishery 
Management Plan for Bering Sea/Aleutian Islands King and Tanner Crabs 
(Crab FMP). The North Pacific Fishery Management Council (Council) 
prepared these FMPs under the authority of the Magnuson-Stevens Fishery 
Conservation and Management Act (Magnuson-Stevens Act), 16 U.S.C. 1801 
et seq. Regulations implementing the BSAI and GOA FMPs are located at 
50 CFR part 679. Regulations implementing the Crab FMP are located at 
50 CFR part 680. General regulations governing U.S. fisheries also 
appear at 50 CFR part 600.

Background

    This proposed rule includes two related actions. The first action 
would revise regulations at Sec.  679.64 and Sec.  680.22 for sideboard 
limits that apply to two categories of vessels that operate in the BSAI 
or GOA: (1) AFA catcher/processors (C/Ps) listed in regulation at Sec.  
679.4(l)(2)(i) (described as AFA C/Ps in this proposed rule), and AFA 
catcher vessels (CVs) permitted to harvest Bering Sea pollock as 
established in regulation at Sec.  679.4(l)(3); and (2) vessels and LLP 
licenses subject to sideboard restrictions in the GOA based on criteria 
as established in regulation at Sec.  680.22(a) under the CR Program. 
This first action would prohibit directed fishing for groundfish 
species or species groups that are subject to sideboard limits that are 
not large enough to support directed fishing as that term is defined at 
Sec.  679.2. In addition, under the first action, this proposed rule 
would remove a sideboard limit at Sec.  679.64(a)(1)(ii)(B) for AFA C/
Ps in one management area (Central Aleutian Islands (AI)) for one 
species (Atka mackerel) that is currently subject to a more restrictive 
limit under existing regulations at 50 CFR 679.91(c)(2)(ii) and Table 
33 to 50 CFR part 679.
    The first action under this proposed rule is necessary to 
streamline and simplify NMFS's management of applicable groundfish 
sideboard limits. NMFS calculates numerous AFA Program and CR Program 
sideboard limits as part of the annual BSAI and GOA harvest 
specifications process and publishes these limits in the Federal 
Register. Concurrently, NMFS prohibits directed fishing for the 
majority of the groundfish subject to these sideboard limits because 
most sideboard limits are too small each year to support directed 
fishing. The most recent example of the annual BSAI and GOA harvest 
specifications with the AFA Program and CR Program sideboard limits can 
be found at 83 FR 8365, February 27, 2018, for the BSAI, and at 83 FR 
8768, March 1, 2018, for the GOA. Rather than continue this annual 
process of calculating all sideboard limits and then closing most to 
directed fishing, the first action of this proposed rule would revise 
regulations to prohibit directed fishing by non-exempt AFA Program and 
CR Program vessels for those groundfish species and species groups 
subject to sideboard limits if those species or species groups have not 
been opened to directed fishing or are not expected to be opened to 
directed fishing in the foreseeable future (see Section 2.7 of the 
Analysis for additional detail on the management of AFA Program and CR 
Program sideboard limits). Also, NMFS would cease calculating and 
publishing each

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year the relevant sideboard limits and their corresponding directed 
fishing prohibitions in the BSAI and GOA groundfish harvest 
specifications.
    The second action of this proposed rule would remove the 
requirement for the designated representatives of AFA inshore 
cooperatives (described later in this preamble) to submit a weekly 
catch report described in regulation at Sec. Sec.  679.5(o) and 
679.62(b)(3). NMFS proposes to remove this requirement because the 
information in the weekly catch report is collected by NMFS through 
other recordkeeping and reporting requirements, and this weekly catch 
report is no longer necessary for NMFS to manage the AFA inshore 
pollock allocations.
    This first action of this proposed rule was initiated after the 
Council received a report on the AFA Program in October 2016. As part 
of the review, NMFS identified potential improvements in the management 
of the AFA Program by streamlining and simplifying the management of 
the sideboard limits included under the AFA: NMFS recommended revising 
regulations to prohibit directed fishing by AFA vessels for those 
species or species groups (and any future break-out or combination of 
these species) where the sideboard limits are not large enough to 
support directed fishing and would not be large enough in the 
foreseeable future to support directed fishing. During subsequent 
review of this proposed action, NMFS expanded the scope of the review 
to include an analysis of revising regulations to prohibit crab vessels 
in the CR Program from directed fishing in the GOA for those species 
with sideboard limits that are not large enough to support directed 
fishing and would not be large enough in the foreseeable future to 
support directed fishing. At its February 2018 meeting, the Council 
selected Alternative 2 and Option 1 as its preferred recommendation to 
the Secretary of Commerce. The Council's recommendation, implemented 
through this proposed rule, would prohibit directed fishing by 
regulation for all species or species groups with insufficient 
sideboard limits for directed fishing by vessels in both AFA and CR 
Programs, and would remove from regulation the sideboard limit on AFA 
C/Ps for Central AI Atka mackerel harvest because the harvest of 
Central AI Atka mackerel by AFA C/Ps is constrained by other, existing 
regulations.
    The following discussion summarizes groundfish sideboard limits, 
the AFA Program and AFA sideboard limits, the CR Program and CR Program 
sideboard limits, the annual harvest specifications process and the 
management of AFA Program and CR Program sideboard limits through that 
annual process, AFA Inshore Cooperative reporting requirements, and 
this proposed rule.

Groundfish Sideboard Limits

    The Council and NMFS generally establish catch limits, commonly 
called sideboard limits, when implementing Limited Access Privilege 
Programs (LAPP). The term ``Limited Access Privilege'' is defined in 
section 3(26) of the Magnuson-Stevens Act (16 U.S.C. 1802). Sideboard 
limits are intended to prevent participants who benefit from receiving 
exclusive harvesting privileges in a LAPP from shifting effort into 
other fisheries. Sideboard limits establish limits on the annual amount 
of a particular groundfish total allowable catch (TAC) limit or 
prohibited species catch (PSC) limit that is available for participants 
in a given LAPP.

The AFA Program and AFA Program Sideboard Limits

    The Bering Sea pollock fishery is managed under the authority of 
the AFA (16 U.S.C. 1851 note) and the Magnuson-Stevens Act. The AFA 
Program is a LAPP that established in the Bering Sea pollock fishery 
directed fishing allocations to an inshore and an offshore component 
(commonly called the inshore and offshore sectors). The AFA also 
determined eligible vessels and processors in the Bering Sea pollock 
fishery; allowed the formation of cooperatives of catcher vessels in 
association with specific processors in the inshore sector; established 
sideboard limits; and imposed special catch weighing and monitoring 
requirements on AFA C/Ps. The AFA was implemented by Amendment 61 to 
the BSAI FMP, Amendment 61 to the GOA FMP, Amendment 13 to the Crab 
FMP, and Amendment 8 to the Fishery Management Plan for the Scallop 
Fishery off Alaska (67 FR 79692; December 30, 2002). The final rule 
implementing the AFA (67 FR 79692, December 30, 2002) and Section 2.7.1 
of the Analysis describe the AFA Program in detail and the basis for 
the sideboard limits established under the AFA Program.
    The final rule implementing the AFA established several different 
types of sideboard limits for vessels that are authorized to harvest 
pollock in the Bering Sea. These sideboard limits were established to 
protect the interests of fishermen and processors who do not directly 
benefit from the AFA from those fishermen and processors who received 
exclusive harvesting and processing privileges under the AFA. 
Essentially, the AFA Program sideboard limits protect non-AFA fishermen 
and processors by restricting the ability of AFA pollock fishermen and 
processors to target non-pollock groundfish species and species groups. 
Some of these sideboard limits were implemented through directed 
fishing closures in regulations, such as setting the Atka mackerel 
harvest limit to zero in the Bering Sea subarea and Eastern AI (Sec.  
679.64(a)(1)(ii)(A)). Others were implemented through sideboard limits 
established through the annual harvest specifications process, which is 
described later in this preamble.
    Section 679.7(k)(1)(ii) prohibits listed AFA C/Ps from harvesting 
any species of fish in the GOA. Section 679.64(a)(1) establishes 
sideboard limits for AFA C/Ps for Aleutian Islands Pacific ocean perch 
(Sec.  679.64(a)(1)(i)); Atka mackerel (Sec.  679.64(a)(1)(ii)); 
flathead sole, rock sole, and yellowfin sole (Sec.  679.64(a)(1)(iii)); 
and for the remaining groundfish species (Sec.  679.64(a)(1)(iv)). 
Section 679.64(a)(1)(v) establishes an exemption to sideboard limits 
for AFA C/Ps for yellowfin sole under specific TAC conditions. Section 
679.64(a)(2) establishes specific sideboard limits for Pacific halibut 
and crab incidentally harvested by AFA C/Ps while fishing for 
groundfish in the BSAI. The methodologies used to assign sideboard 
limits for these species vary and are described in Sec.  679.64(a).
    Section 679.64(a)(1)(ii)(B) establishes a sideboard limit for 
Central AI (also referred to as Area 542 in regulation) Atka mackerel 
that is equal to 11.5 percent of the annual TAC for Atka mackerel. In 
2007, NMFS implemented the Amendment 80 Program (72 FR 52668, September 
14, 2007). The Amendment 80 Program modified the management of several 
non-pollock species in the BSAI that are subject to sideboard limits 
under the AFA Program. Under regulations that implemented the Amendment 
80 Program, no more than 10 percent of the Central AI Atka mackerel TAC 
may be harvested by vessels other than Amendment 80 vessels, which are 
designated as the BSAI trawl limited access sector and include AFA C/Ps 
(Sec.  679.91(c)(2)(ii) and Table 33 to 50 CFR part 679). Therefore the 
maximum amount of the Central AI Atka mackerel TAC available to AFA C/
Ps under regulations implementing Amendment 80 (10 percent) is less 
than the sideboard limit established for AFA C/Ps when the AFA Program 
was implemented in 2000 (11.5 percent). By constraining the AFA C/Ps 
directed

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fishing for Central AI Atka mackerel, the more restrictive allocation 
of TAC under the Amendment 80 Program is, effectively, a conservation 
and management measure that operates similar to the larger sideboard 
limit established for Central AI Atka mackerel under the AFA groundfish 
sideboard regulations. Additional detail on the Amendment 80 Program is 
provided in the final rule for that program (72 FR 52668, September 14, 
2007).
    Section 679.64(b) establishes sideboard limits for AFA CVs. Section 
679.64(b)(3)(i) through (iii) establishes sideboard limits for 
groundfish in the BSAI using a variety of methods that depend on the 
species (e.g., the method for calculating the sideboard limit for BSAI 
Pacific cod differs from yellowfin sole). These methods are described 
at Sec.  679.64(b)(3)(i) for BSAI groundfish other than Amendment 80 
species; at Sec.  679.64(b)(3)(ii) for BSAI Pacific cod; and at Sec.  
679.64(b)(3)(iii) for Amendment 80 species other than Pacific cod. 
Section 679.64(b)(3)(iv) establishes sideboard limits for AFA CVs for 
groundfish species in the GOA. The final rule implementing the AFA 
Program provides additional information on the management of sideboard 
limits for AFA CVs (67 FR 79692, December 30, 2002).
    Section 679.64(b)(2) exempts specific AFA CVs from sideboard limits 
in the BSAI (Sec.  679.64(b)(2)(i)) and the GOA (Sec.  
679.64(b)(2)(ii)) based on criteria described in Sec.  679.64(b)(2). 
These exemptions are intended to provide opportunities for vessels that 
have historically fished in the BSAI or GOA for species other than 
pollock, but that also have some limited participation in the Bering 
Sea pollock fisheries. This proposed rule would not affect the 
management of exempt AFA catcher vessels.

The CR Program and CR Program Sideboard Limits

    The CR Program is a LAPP that allocates nine BSAI crab species 
among harvesters, processors, and coastal communities. Participants in 
the CR Program receive exclusive harvesting and processing privileges 
for a portion of the annual TAC established for each crab fishery under 
the CR Program. The final rule implementing the CR Program describes 
the different elements of the program, including groundfish sideboard 
limits in the GOA for vessels and LLP licenses that received 
allocations of exclusive harvesting privileges (quota share) under the 
CR Program (70 FR 10174, March 2, 2005). These sideboard limits were 
developed to protect participants in other non-CR Program groundfish 
fisheries from increased participation by CR Program vessels in the 
GOA, as discussed in Section 2.7.2 of the Analysis. Essentially, the CR 
Program sideboard limits protect non-CR Program participants by 
restricting the ability of CR Program participants to target non-crab 
fisheries (i.e., GOA groundfish fisheries).
    CR Program sideboard limits are established for a variety of 
species and species groups and gear types, including pot, hook-and-
line, jig, and trawl gear. CR Program sideboard limits are only 
applicable in the GOA. Section 680.22 establishes groundfish sideboard 
limits for vessels and LLP licenses with a history of participation in 
the Bering Sea snow crab (Chionoecetes opilio) fishery. Sideboard 
harvest limits restrict these vessels' catch to their collective 
historical landings in each GOA groundfish fishery. Sideboard limits 
also apply to landings made using an LLP license derived from the 
history of a restricted vessel, even if that LLP license is used on 
another vessel. CR Program sideboard limits do not apply to AFA catcher 
vessels because these vessels already are subject to GOA sideboard 
limits under the AFA Program.
    Various final rules implementing provisions of the CR Program 
describe the basis for these sideboard harvest limits. These final 
rules include Amendments 18 and 19 to the Crab FMP (70 FR 10174, March 
2, 2005), Amendment 34 to the Crab FMP (76 FR 35772, June 20, 2011), 
Amendment 83 to the GOA FMP (76 FR 74670, December 1, 2011), and 
Amendment 45 to the Crab FMP (80 FR 28539, May 19, 2015).

Annual Harvest Specifications Process and the Management of AFA Program 
and CR Program Sideboard Limits

    NMFS establishes the overfishing level, acceptable biological catch 
(ABC), and TAC for each species or species group through the annual 
groundfish harvest specifications process. NMFS allows vessels to 
retain incidental catch of species (if the TAC has not been reached) 
taken in other directed fisheries that are open, up to the maximum 
retainable amount (MRA) allowed in regulation (Sec.  679.20(e)). If a 
species is closed to directed fishing, and the TAC for that species is 
reached, NMFS prohibits retention of that species, and all catch of 
that species must be discarded. A MRA is calculated as a percentage of 
the retained amount of a species that is closed to directed fishing, 
relative to the retained amount of basis species or species groups open 
to directed fishing. Amounts that are caught greater than a particular 
MRA percentage must be discarded.
    In the annual harvest specifications, NMFS calculates sideboard 
limits for the AFA Program and the CR Program fisheries by multiplying 
a fixed ratio against the annual TAC or portion of the TAC for each 
BSAI and GOA groundfish species or species group. These ratios are 
derived based on the specific regulations described earlier in this 
preamble. The annual sideboard limit for most BSAI and GOA groundfish 
species is an amount that is much smaller than the overall TAC for each 
species. For the most recent example of the annual groundfish harvest 
specifications and associated AFA Program and CR Program sideboard 
limits, see the final 2018 and 2019 harvest specifications for the BSAI 
and GOA (83 FR 8365, February 27, 2018, and 83 FR 8768, March 1, 2018, 
respectively).
    Consistent with regulations at Sec. Sec.  679.64 and 680.22, NMFS 
manages the AFA Program and CR Program sideboard limits by establishing 
directed fishing closures for a species or species group subject to a 
sideboard limit. This closure could happen during the fishing year if a 
particular sideboard limit is reached. Alternatively, NMFS may issue a 
directed fishing closure in the harvest specifications prior to the 
fishing year, if the sideboard limit is not sufficient to support 
directed fishing for a species or species group. NMFS has prohibited 
directed fishing for the majority of AFA CV and C/P sideboard limits 
since the initial implementation of the AFA Program implementation in 
2000 (65 FR 4520, January 28, 2000). NMFS also has prohibited directed 
fishing for the majority of CR Program sideboard limits in the GOA 
since CR Program was implemented in 2006. Directed fishing prohibitions 
have been issued because the sideboard limits for most species were 
insufficient to provide for both directed fishing of a species and 
incidental catch of that same species in other target fisheries.
    Section 2.7.1 of the Analysis describes the groundfish species 
subject to AFA CV and C/P sideboard limits that have been closed to 
directed fishing each year in the annual harvest specifications, and 
the limited number of groundfish species that have sideboard limits 
that have been sufficiently large to allow for directed fishing. 
Section 2.7.2 of the Analysis describes the groundfish species in the 
GOA subject to CR Program sideboard limits that have been closed to 
directed fishing each year in the annual harvest specifications, and 
the one groundfish species (Pacific cod)

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and gear type (pot) that has sideboard limits that have been 
sufficiently large to allow for directed fishing.

AFA Inshore Cooperative Weekly Catch Report Requirements

    In addition to the Council's recommendations for proposed revisions 
to AFA Program and CR Program sideboard limits, NMFS also proposes to 
remove the requirement for the designated representatives of AFA 
inshore cooperatives to submit a weekly catch report described in 
regulation at Sec. Sec.  679.5(o) and 679.62(b)(3) because this report 
is no longer necessary to manage the AFA inshore pollock allocations. 
NMFS obtains the necessary information required on the AFA inshore 
cooperative weekly report through other reporting requirements at Sec.  
679.5(e). Removing this reporting requirement would reduce costs for 
the public to prepare and submit the weekly reports and for NMFS to 
review and process those weekly reports.

Proposed Rule

Action 1: Establishing Sideboard Limits in Regulation

    Under Action 1, NMFS would no longer publish AFA Program or CR 
Program sideboard amounts for specific species or species groups in the 
Federal Register as part of the annual groundfish harvest 
specifications, but would specify in regulation those species with 
sideboard limits that are subject to a directed fishing closure. 
Specification through regulation of these directed fishing closures 
will streamline and simplify NMFS's management of these applicable 
groundfish sideboard limits. NMFS would no longer need to calculate the 
applicable sideboard limits, prepare the necessary tables, and publish 
those sideboard limits and their corresponding directed fishing 
prohibitions each year in the BSAI and GOA groundfish harvest 
specifications. This will reduce staff time and annual costs to prepare 
and publish the BSAI and GOA groundfish harvest specifications.
    This proposed rule would not modify the ability of sideboard-
restricted vessels to retain incidental catch of species closed to 
directed fishing while targeting other species. Vessels are allowed to 
retain incidental catch of species up to the MRA if the TAC of that 
species has not been reached, and once the TAC is reached, all 
retention of that species is prohibited. The regulations governing 
incidental catch, MRAs, and PSC status apply when a species is closed 
to directed fishing, whether closed to directed fishing through the 
annual BSAI and GOA harvest specifications or through a specific 
regulation. Accordingly, under this proposed rule, sideboard restricted 
vessels will remain subject to the same regulations governing the 
incidental catch of species or species groups with sideboard limits 
that are closed to directed fishing, and this proposed rule would not 
change NMFS's inseason management of sideboard limits. Moreover, the 
proposed approach that continues directed fishing closures for 
sideboard limits for AFA and CR Program vessels would continue to 
protect non-AFA and non-CR Program participants in other fisheries, in 
accordance with the original intent of creating sideboard limits (see 
Section 2.7.1 and 2.7.2 of the Analysis).
    This proposed rule would affect the sideboard limits for AFA CVs in 
the BSAI, AFA CVs in the GOA, AFA C/Ps in the BSAI, and non-AFA crab 
vessels in the GOA. For AFA CVs fishing in the BSAI, NMFS sets 
sideboard limits for 16 different groundfish species or species groups; 
however, in the annual harvest specifications, NMFS has closed most 
sideboard species to directed fishing by AFA CVs. Often, the sideboard 
amounts for these species are insufficient to support a directed 
fishery by the AFA CVs that are subject to the sideboard limit. Also, 
some sideboard species are not opened to AFA CVs for directed fishing 
because the species is fully allocated to the Amendment 80 Program 
(e.g., flathead sole, rock sole) or because there are no PSC sideboard 
limits apportioned to support directed fishing (e.g., Greenland turbot, 
arrowtooth flounder, Kamchatka flounder). A list of BSAI species or 
species groups with sideboard limits that are proposed to be closed in 
regulation to directed fishing by AFA CVs is provided in Table 2-5 of 
the Analysis. In the BSAI, AFA CVs have historically targeted two 
sideboard-limited species (Pacific cod and yellowfin sole), and this 
proposed rule would not change the management of those sideboard 
fisheries that have opened for directed fishing in the past and that 
likely would continue to support a directed fishery for those species 
and for certain gear types for Pacific cod (see Table 2-6 of the 
Analysis).
    Similarly, for AFA CVs fishing in the GOA, NMFS sets sideboard 
limits for different groundfish species or species groups, and through 
the harvest specifications NMFS closes many of those sideboard species 
to directed fishing by AFA CVs. In the GOA, many of the sideboards 
amounts cannot support a directed fishery by the AFA CVs that are 
subject to the sideboard limits. A list of the GOA species or species 
groups with sideboard limits that are proposed to be closed in 
regulation to directed fishing by AFA CVs is provided in Table 2-7 of 
the Analysis, while Table 2-8 of the Analysis lists those sideboard 
limits that will remain open to directed fishing because the sideboard 
limits for those species have been sufficient and likely will remain 
sufficient to support a directed fishery by AFA CVs.
    For AFA C/Ps in the BSAI, many of the BSAI groundfish harvesting 
sideboards are also not open for directed fishing, for reasons similar 
to the management of AFA CVs in the BSAI. First, many of the sideboard 
limits are insufficient to support a directed fishery by the AFA C/Ps 
that are subject to the sideboard limit. In addition, some sideboards 
for AFA C/Ps are not available for directed fishing because the species 
is fully allocated to the Amendment 80 Program (e.g., flathead sole, 
rock sole, Western AI Atka mackerel) or because there are no PSC limits 
apportioned to support directed fishing. A list of the BSAI species or 
species groups with sideboard limits that are proposed to be closed in 
regulation to directed fishing by AFA C/Ps is provided in Table 2-9 of 
the Analysis, while Table 2-10 of the Analysis lists those sideboard 
limits that will remain open to directed fishing because the sideboard 
limits for those species have been sufficient and likely will remain 
sufficient to support a directed fishery by AFA C/Ps.
    As explained earlier, the CR Program regulations establish 
sideboard limits to restrict the ability of non-AFA crab vessels to 
target groundfish species and species groups in the GOA. Since 
implementation of the CR Program sideboard limits in 2006, the only 
sideboard limits large enough to support directed fishing have been the 
Western and Central GOA Pacific cod pot catcher vessel sideboard 
limits, and in some years the Western GOA Pacific cod pot catcher/
processor sideboard limit. All other sideboard limits have been closed 
for directed fishing because they are not sufficient to provide for a 
directed fishery by crab vessels. A list of the GOA sideboard limits 
that would be replaced with a prohibition on directed fishing is 
provided in Table 2-11 of the Analysis, while Table 2-12 shows 
sideboard limits for those Western and Central GOA Pacific cod pot 
catcher vessels that would not be affected by the proposed action and 
that likely would remain open for directed fishing.
    In both the BSAI and GOA, many of the sideboard limits are not 
large

[[Page 40737]]

enough to support a directed fishery by AFA CVs and C/Ps and crab 
vessels, which means that NMFS cannot actively manage those fisheries 
to ensure a timely closure and prevent retention in excess of the TAC 
set for that year. It is highly unlikely that the TACs of any of the 
sideboard species would increase significantly enough in the 
foreseeable future to result in a large enough sideboard limit to allow 
directed fishing of the sideboard allowance. Because factors such as 
TAC are not likely to change significantly enough to provide AFA 
vessels and crab vessels with groundfish sideboard limits sufficient to 
support a directed fishery, NMFS has determined it would be more 
efficient to close those sideboard limits to directed fishing in 
regulation, rather than continuing to specify those sideboard limits 
and close them to directed fishing every year through the annual 
harvest specifications.
    Accordingly, under Action 1, this proposed rule would implement the 
Council's recommendation (Option 1 to Alternative 2, the preferred 
alternative) to:
    <bullet> Prohibit directed fishing for most AFA Program and CR 
Program groundfish sideboard limits by adding Tables 54, 55, and 56 to 
50 CFR part 679 to list the AFA Program sideboard species prohibited to 
directed fishing; and by adding Table 11 to 50 CFR part 680 to list the 
CR Program sideboard species prohibited to directed fishing;
    <bullet> remove a regulation (Sec.  679.64(a)(1)(ii)(B)) 
establishing the annual Central AI Atka mackerel sideboard limit for 
AFA C/Ps; and
    <bullet> make other minor regulatory amendments necessary to 
establish directed fishery closures for specific species and species 
groups in regulation.
    This proposed rule would revise Sec.  679.20(d) by adding a new 
paragraph to prohibit directed fishing for the species sideboard limits 
listed in proposed Tables 54, 55, and 56 to 50 CFR part 679. Existing 
regulations associated with establishing sideboard directed fishing 
allowances would be retained, as they are needed for those species or 
species groups that would continue to have sideboard limits established 
through the annual harvest specifications. In addition, Sec.  
679.64(a)(3) would be revised to add a paragraph describing that 
proposed Table 54 to 50 CFR part 679 contains the BSAI species or 
species groups prohibited for directed fishing by AFA C/Ps. Similarly, 
Sec.  679.64(b)(5) would be revised to add a paragraph that describes 
proposed Tables 55 and 56 to 50 CFR part 679. These two tables list the 
species or species groups for which directed fishing by AFA CVs is 
prohibited in the BSAI and GOA, respectively.
    Regarding the Central AI Atka mackerel sideboard limit for AFA C/
Ps, this proposed rule would remove Sec.  679.64(a)(1)(ii)(B). That 
regulation specifies the AFA C/Ps Central AI Atka mackerel sideboard 
limit of 11.5 percent of the annual Central AI TAC, which is based on 
the sideboard limit set forth in Section 211(b)(2)(C)(i)) of the AFA. 
However, since the implementation of the Amendment 80 Program in 2008, 
the percentage of the initial TAC for the sector in which AFA C/Ps are 
authorized to participate (the BSAI trawl limited access sector) is 
only 10 percent. Therefore, the maximum amount of the Central AI Atka 
mackerel TAC available to AFA C/Ps under regulations implementing 
Amendment 80 (10 percent) is less than the sideboard limit established 
for AFA C/Ps when the AFA Program was implemented in 2000 (11.5 
percent). Since the BSAI trawl limited access sector allocation is less 
than the sideboard limit, the sideboard limit no longer constrains AFA 
C/Ps. NMFS believes that the proposed revision to remove the regulation 
that specifies the sideboard limit for Central AI Atka mackerel for AFA 
C/Ps is consistent with Section 211 of the AFA. Section 211(a) of the 
AFA allows the Council to recommend, and NMFS to approve, conservation 
and management measures necessary to protect other fisheries from the 
adverse impacts caused by the AFA. The current allocation of Atka 
mackerel available to AFA C/Ps (10 percent of the TAC) is effectively a 
conservation and management measure that protects participants in other 
non-AFA fisheries by limiting the amount of Atka mackerel that AFA C/Ps 
can potentially harvest to less than 11.5 percent of the TAC available 
to AFA C/Ps under the existing sideboard limit established under 
Section 211(b)(2)(C)(i) of the AFA. Under the proposed rule, NMFS would 
no longer specify the AFA C/P sideboard limit for Central AI Atka 
mackerel; however, that fishery would remain open to directed fishing, 
and AFA C/Ps as part of the BSAI trawl limited access sector would 
remain constrained under existing regulations to harvesting up to the 
10 percent of the allocation to the BSAI trawl limited access sector 
(50 CFR 679.91(c)(2)(ii) and Table 33 to 50 CFR part 679).
    For the CR Program sideboard limits, this proposed rule would 
revise Sec.  680.22(e) to describe the permanent prohibition for 
directed fishing for most GOA groundfish species by non-AFA crab 
vessels in the GOA. This paragraph would include a reference to 
proposed Table 11 to 50 CFR part 680, which lists the species or 
species groups for which directed fishing for sideboard limits is 
prohibited.

Action 2: Removal of the AFA Inshore Cooperative Catch Report From 
Regulation

    In addition to the Council's recommendation for revising the 
management of AFA Program and CR Program sideboard limits, NMFS also 
proposes to remove the requirements for the AFA inshore cooperative 
weekly catch report described in regulations at Sec. Sec.  679.5(o) and 
679.62(b)(3). This report is no longer necessary to manage the AFA 
inshore pollock allocations. NMFS has direct and immediate access to 
observer and landings data to track catch by the cooperatives and does 
not need the information submitted by the cooperatives to monitor the 
Bering Sea pollock fisheries. Eliminating this weekly reporting 
requirement will reduce the burden on the designated representatives of 
AFA inshore cooperatives to prepare and submit these reports to NMFS 
weekly, will reduce costs to the members of the AFA inshore 
cooperatives to pay for the preparation and submission of these weekly 
reports, and will reduce the time and costs that NMFS incurs in 
processing and reviewing the weekly reports.

Classification

    Pursuant to sections 304(b)(1)(A) and 305(d) of the Magnuson-
Stevens Act, the NMFS Assistant Administrator has determined that this 
proposed rule is consistent with the BSAI FMP, the GOA FMP, the Crab 
FMP, other provisions of the Magnuson-Stevens Act, and other applicable 
law, subject to further consideration of comments received during the 
public comment period.
    This proposed rule has been determined to be not significant for 
the purposes of Executive Order 12866.

Regulatory Impact Review (RIR)

    An RIR was prepared to assess the costs and benefits of available 
regulatory alternatives. A copy of this analysis is available from NMFS 
(see ADDRESSES). The Council recommended the regulatory revisions in 
this proposed rule based on those measures that maximized net benefits 
to the Nation. Specific aspects of the economic analysis related to the 
impact of this proposed rule on small entities are discussed below in 
the Initial Regulatory Flexibility Analysis section.

[[Page 40738]]

Initial Regulatory Flexibility Analysis (IRFA)

    This IRFA was prepared for this proposed rule, as required by 
section 603 of the Regulatory Flexibility Act (RFA) (5 U.S.C. 603), to 
describe the economic impact this proposed rule, if adopted, would have 
on small entities. An IRFA describes why this action is being proposed; 
the objectives and legal basis for the proposed rule; the number of 
small entities to which the proposed rule would apply; any projected 
reporting, recordkeeping, or other compliance requirements of the 
proposed rule; any overlapping, duplicative, or conflicting Federal 
rules; and any significant alternatives to the proposed rule that would 
accomplish the stated objectives, consistent with applicable statutes, 
and that would minimize any significant adverse economic impacts of the 
proposed rule on small entities. Descriptions of this proposed rule, 
its purpose, and the legal basis are contained earlier in this preamble 
and are not repeated here.
Number and Description of Small Entities Regulated by This Proposed 
Rule
    NMFS has determined that vessels that are members of a fishing 
cooperative are affiliated when classifying them for the RFA analyses. 
In making this determination, NMFS considered the Small Business 
Administration's (SBA) ``principles of affiliation'' at 13 CFR 121.103. 
Specifically, in Sec.  121.103(f), SBA refers to ``[a]ffiliation based 
on identity of interest,'' which states affiliation may arise among two 
or more persons with an identity of interest. Individuals or firms that 
have identical or substantially identical business or economic 
interests (such as family members, individuals or firms with common 
investments, or firms that are economically dependent through 
contractual or other relationships) may be treated as one party with 
such interests aggregated. If business entities are affiliated, then 
the threshold for identifying small entities is applied to the group of 
affiliated entities rather than on an individual entity basis.
    There are 93 active AFA catcher vessels that are restricted by 
sideboard limits in the BSAI and GOA, 17 active catcher/processors that 
are restricted by sideboard limits in the BSAI, and 95 CR Program 
active catcher vessels that are restricted by sideboard limits in the 
GOA. These vessels are members of an AFA cooperative for Bering Sea 
pollock or a Bering Sea Crab Cooperative and are therefore considered 
to be large entities via their cooperative affiliation. Other than 
these vessels, there are 18 vessels that are restricted by sideboard 
limits in the BSAI and GOA and that are not members of an AFA or crab 
cooperative. These 18 vessels may be considered small entities under 
the RFA because they likely have combined annual gross receipts not in 
excess of $11.0 million.
    This proposed rule would directly regulate those vessel operators 
that are restricted by AFA Program and CR Program groundfish sideboard 
limits in the BSAI and GOA, and AFA inshore cooperatives that are 
required to submit an AFA inshore cooperative weekly report. All 
persons required to submit an AFA inshore cooperative weekly report are 
also subject to sideboard limits under the AFA Program. Therefore, the 
number of directly regulated entities under this proposed rule is equal 
to the number of vessel operators restricted by AFA Program and CR 
Program groundfish sideboard limits in the BSAI and GOA. The thresholds 
applied to determine if an entity or group of entities are ``small'' 
under the RFA depend on the industry classification for the entity or 
entities. Businesses classified as primarily engaged in commercial 
fishing are considered small entities if they have combined annual 
gross receipts not in excess of $11.0 million for all affiliated 
operations worldwide (81 FR 4469; January 26, 2016). Businesses 
classified as primarily engaged in fish processing are considered small 
entities if they employ 750 or fewer persons on a full-time, part-time, 
temporary, or other basis, at all affiliated operations worldwide. 
Since at least 1993, NMFS Alaska Region has considered catcher/
processors to be predominantly engaged in fish harvesting rather than 
fish processing. Under this classification, the threshold of $11.0 
million in annual gross receipts is appropriate.
    Based on this analysis, NMFS preliminarily determines that there 
are 18 entities that may be considered small and would be affected by 
this proposed rule. However, due to the complexity of the affiliation 
among the entities and the overlay of affiliation due to ownership and 
affiliation based on the contractual relationship among members of 
cooperatives, it is not certain these 18 entities are small entities, 
as defined by the RFA, that could be affected by this proposed rule. 
Nonetheless, NMFS has prepared this IRFA, which provides potentially 
affected small entities an opportunity to provide comments on this 
IRFA. NMFS will evaluate any comments received on the IRFA and may 
consider certifying under section 605 of the RFA (5 U.S.C. 605) that 
this action will not have a significant economic impact on a 
substantial number of small entities prior to publication of the final 
rule.
    The only potential adverse economic impacts on directly regulated 
small entities that have been identified for this proposed rule are if 
the ABC and corresponding TAC for the species for which directed 
fishing would be closed significantly increased. With respect to 
potential changes in ABCs and TACs, NMFS does not anticipate that there 
will be significant increases to the groundfish species' ABCs and TACs 
associated with this action to the degree that the increases could 
allow for a directed fishery for a given species. Sideboard limits 
represent a very small proportion of a given annual groundfish TAC. If 
a particular species' biomass, ABC, and TAC increased to a level that 
could potentially allow for a directed fishery for that species' 
sideboard limit, such a substantial change in biomass and harvest 
control rules would also give rise to other potential management 
considerations beyond just increasing sideboard limits. With regards to 
the potential that the Amendment 80 Program allocations of groundfish 
(specifically Central AI Atka mackerel) could change, NMFS considers 
that prospect highly unlikely. The AFA and Amendment 80 fishery 
management programs in the BSAI are currently stable. The groundfish 
allocations established by these programs have not been modified since 
they were implemented, and there are no foreseeable changes in the 
allocations established under the Amendment 80 Program. If such 
allocative changes were proposed, the Council and NMFS would conduct a 
comprehensive analysis as part of any potential future action of how 
such changes could affect the sideboard limits associated with this 
action.
Recordkeeping, Reporting, and Other Compliance Requirements
    This proposed rule would remove a recordkeeping and reporting 
requirement for the submittal of AFA inshore cooperative weekly catch 
reports. Such reports are no longer necessary to assist NMFS with 
managing the AFA inshore pollock fisheries, as the information in such 
reports has been superseded by more contemporary, electronic data 
reporting. The proposal to remove these requirements is anticipated to 
reduce the cost in total to the public by approximately $8,475 per 
year, and is anticipated to reduce costs to NMFS by approximately 
$5,400 per year.

[[Page 40739]]

    No small entity is subject to reporting requirements that are in 
addition to or different from the requirements that apply to all 
directly regulated entities.
Duplicate, Overlapping, or Conflicting Federal Rules
    No duplication, overlap, or conflict between this proposed rule and 
existing Federal rules has been identified.
Description of Significant Alternatives That Minimize Adverse Impacts 
on Small Entities
    No significant alternatives were identified that would accomplish 
the stated objectives for streamlining the management of AFA and CR 
Program sideboard limits by prohibiting in regulation certain species 
sideboard limits, are consistent with applicable statutes, and that 
would reduce costs to potentially affected small entities more than the 
proposed rule. The Council and NMFS considered two alternatives for 
action one of this proposed rule. Alternative 1 is the no action 
alternative. This alternative would continue the annual establishment 
of the sideboard limits for all the species listed in proposed Tables 
54, 55, and 56 to 50 CFR part 679, as well as proposed Table 11 to 50 
CFR part 680, and would maintain the sideboard limit for Central AI 
Atka mackerel for AFA C/Ps. These sideboard species have insufficient 
sideboard limits to support directed fishing, are fully allocated to 
other catch share programs, or for a variety of other reasons are 
closed to directed fishing. NMFS would continue to prohibit directed 
fishing for these sideboard fisheries via the annual harvest 
specifications, except for the Central AI Atka mackerel sideboard limit 
for AFA C/Ps.
    Alternative 2, along with Option 1 (the preferred alternative), 
provides the greatest economic benefits. The primary economic benefit 
of this proposed rule is to reduce NMFS's administrative burden of 
managing most AFA Program and CR Program sideboards through the annual 
harvest specifications process. Implementation of Alternative 2 through 
this proposed rule would streamline the preparation of the BSAI and GOA 
annual harvest specifications, simplify NMFS's annual programming 
changes to the groundfish catch accounting system, and reduce the 
future costs of publishing the annual harvest specifications in the 
Federal Register each year. The economic effects on fishery 
participants that are affected by this proposed action primarily are 
neutral. The removal of the AFA inshore cooperative weekly catch report 
requirement would, however, provide a modest economic benefit for AFA 
inshore cooperatives.

Collection-of-Information Requirements

    This proposed rule addresses a collection-of-information 
requirement subject to review and approval by the Office of Management 
and Budget (OMB) under the Paperwork Reduction Act (PRA) and which has 
been approved by OMB under control number 0648-0401 (AFA Reports). The 
proposed rule would not add any new information collection 
requirements, but would remove the regulatory requirement for the AFA 
inshore cooperative weekly catch report. The public reporting burden 
for the AFA inshore cooperative weekly catch report is estimated to 
average 45 minutes per response, which includes the time for reviewing 
instructions, searching existing data sources, gathering and 
maintaining the data needed, and completing and reviewing the 
collection of information. The proposal to remove this collection of 
information requirement has been submitted to OMB for approval.
    Public comment is sought regarding the proposal to remove the 
requirement for the AFA inshore cooperative weekly catch report and the 
burden hour estimate for this report. Send comments on these or any 
other aspects of the collection of information to NMFS Alaska Region 
(see ADDRESSES) and to OIRA by email to <a href="/cdn-cgi/l/email-protection#236c6a71627c7056414e4a50504a4c4d634c4e410d464c530d444c55"><span class="__cf_email__" data-cfemail="83cccad1c2dcd0f6e1eeeaf0f0eaecedc3eceee1ade6ecf3ade4ecf5">[email protected]</span></a> or 
by fax to (202) 395-5806.
    Notwithstanding any other provision of the law, no person is 
required to respond to, and no person shall be subject to penalty for 
failure to comply with, a collection of information subject to the 
requirements of the PRA, unless that collection of information displays 
a currently valid OMB control number. All currently approved NOAA 
collections of information may be viewed at http://www.cio.noaa.gov/services_programs/prasubs.html.

List of Subjects

50 CFR Part 679

    Alaska, Fisheries, Reporting and recordkeeping requirements.

50 CFR Part 680

    Alaska, Reporting and recordkeeping requirements.

    Dated: August 9, 2018.
Samuel D. Rauch, III,
Deputy Assistant Administrator for Regulatory Programs, National Marine 
Fisheries Service.

    For the reasons set out in the preamble, NMFS proposes to amend 50 
CFR part 679 and part 680 as follows:

PART 679--FISHERIES OF THE EXCLUSIVE ECONOMIC ZONE OFF ALASKA

0
 1. The authority citation for part 679 continues to read as follows:

     Authority: 16 U.S.C. 773 et seq.; 1801 et seq.; 3631 et seq.; 
Pub. L. 108-447; Pub. L. 111-281.


Sec.  679.5  Recordkeeping and reporting (R&R) [Amended]

0
 2. In Sec.  679.5, remove and reserve paragraph (o).
0
 3. In Sec.  679.20, add paragraph (d)(1)(iv)(D) to read as follows:


Sec.  679.20  General limitations.

* * * * *
    (d) * * *
    (1) * * *
    (iv) * * *
    (D) Species or species groups for which directed fishing for 
sideboard limits by AFA vessels is prohibited are listed in Tables 54, 
55, and 56 to this part.
* * * * *


Sec.  679.62   Inshore sector cooperative allocation program [Amended]

0
 4. In Sec.  679.62, remove paragraph (b)(3).
0
 5. In Sec.  679.64,
0
a. Revise paragraph (a)(1)(ii)(A);
0
b. Remove paragraph (a)(1)(ii)(B);
0
c. Redesignate paragraph (a)(1)(ii)(C) as paragraph (a)(1)(ii)(B); and
0
d. Revise paragraphs (a)(3) and (b)(5) to read as follows:


Sec.  679.64  Harvesting sideboard limits in other fisheries.

    (a) * * *
    (1) * * *
    (ii) * * *
    (A) Bering Sea subarea and Eastern Aleutian Islands, zero; and
* * * * *
    (3) How will AFA catcher/processor sideboard limits be managed? (i) 
The Regional Administrator will manage groundfish harvest limits and 
PSC bycatch limits for AFA catcher/processors through directed fishing 
closures in fisheries established under paragraph (a)(1) of this 
section in accordance with the procedures set out in Sec. Sec.  
679.20(d)(1)(iv) and 679.21(b)(4)(iii).
    (ii) Directed fishing for the BSAI groundfish sideboard limits 
listed in Table 54 of this part is prohibited.
* * * * *
    (b) * * *
    (5) How will catcher vessel sideboard limits be managed? (i) The 
Regional Administrator will manage groundfish harvest limits and PSC 
bycatch limits

[[Page 40740]]

for AFA catcher vessels using directed fishing closures according to 
the procedures set out at Sec. Sec.  679.20(d)(1)(iv) and 679.21(d)(7) 
and (e)(3)(v).
    (ii) Directed fishing for the BSAI groundfish sideboard limits 
listed in Table 55 of this part and the GOA groundfish sideboard limits 
listed in Table 56 of this part is prohibited.
* * * * *
0
 6. Add and reserve Table 52 to part 679.
0
7. Add and reserve Table 53 to part 679.
0
 8. Add Table 54 to part 679 to read as follows:

Table 54--BSAI Species and Species Groups for Which Directed Fishing for
Sideboard Limits by Listed AFA Catcher/Processors and Catcher/Processors
    Designated on Listed AFA Catcher/Processor Permits Is Prohibited
------------------------------------------------------------------------
        Species or species group            Management area or subarea
------------------------------------------------------------------------
Sablefish, trawl gear..................  Bering Sea (BS) subarea of the
                                          BSAI.
                                         Aleutian Islands (AI).
Atka mackerel..........................  BS/Eastern Aleutian District.
                                         Western Aleutian District.
Rock sole..............................  BSAI.
Greenland turbot.......................  Bering Sea subarea of the BSAI.
                                         AI.
Arrowtooth flounder....................  BSAI.
Kamchatka flounder.....................  BSAI.
Flathead sole..........................  BSAI.
Alaska plaice..........................  BSAI.
Other flatfish.........................  BSAI.
Pacific ocean perch....................  Bering Sea subarea of the BSAI.
                                         Eastern Aleutian District.
                                         Central Aleutian District.
                                         Western Aleutian District.
Northern rockfish......................  BSAI.
Shortraker rockfish....................  BSAI.
Rougheye rockfish......................  Bering Sea subarea of the BSAI/
                                          Eastern Aleutian District.
                                         Central Aleutian District/
                                          Western Aleutian District.
Other rockfish.........................  BS.
                                         AI.
Skates.................................  BSAI.
Sculpins...............................  BSAI.
Sharks.................................  BSAI.
Octopuses..............................  BSAI.
------------------------------------------------------------------------

0
 9. Add Table 55 to part 679 to read as follows:

Table 55--BSAI Species and Species Groups for Which Directed Fishing for
    Sideboard Limits by Non-Exempt AFA Catcher Vessels Is Prohibited
------------------------------------------------------------------------
                                  Management area or
    Species or species group            subarea            Gear type
------------------------------------------------------------------------
Pacific cod....................  BSAI................  Jig.
                                                       Hook-and-line
                                                        catcher vessel
                                                        >=60 ft.
                                                       Hook-and-line
                                                        catcher vessel
                                                        <=60 ft.
                                                       Pot.
Sablefish, trawl gear..........  Bering Sea subarea    All.
                                  of the BSAI.
                                 AI..................  All.
Atka mackerel..................  BSAI................  All.
Rock sole......................  BSAI................  All.
Greenland turbot...............  BS..................  All.
                                 AI..................  All.
Arrowtooth flounder............  BSAI................  All.
Kamchatka flounder.............  BSAI................  All.
Alaska plaice..................  BSAI................  All.
Other flatfish.................  BSAI................  All.
Flathead sole..................  BSAI................  All.
Pacific ocean perch............  BS..................  All.
                                 Eastern Aleutian      All.
                                  District.
                                 Central Aleutian      All.
                                  District.
                                 Western Aleutian      All.
                                  District.
Northern rockfish..............  BSAI................  All.
Shortraker rockfish............  BSAI................  All.
Rougheye rockfish..............  Bering Sea subarea    All.
                                  of the BSAI/Eastern
                                  Aleutian District.
                                 Central Aleutian      All.
                                  District/Western
                                  Aleutian District.
Other rockfish.................  Bering Sea subarea    All.
                                  of the BSAI.
                                 AI..................  All.

[[Page 40741]]

 
Skates.........................  BSAI................  All.
Sculpins.......................  BSAI................  All.
Sharks.........................  BSAI................  All.
Octopuses......................  BSAI................  All.
------------------------------------------------------------------------

0
 10. Add Table 56 to part 679 to read as follows:

   Table 56--GOA Species and Species Groups for Which Directed Fishing for Sideboard Limits by Non-Exempt AFA
                                          Catcher Vessels Is Prohibited
----------------------------------------------------------------------------------------------------------------
                                                 Management or regulatory area and  processing component  (if
          Species or species group                                       applicable)
----------------------------------------------------------------------------------------------------------------
Pacific cod................................  Eastern GOA, inshore component.
                                             Eastern GOA, offshore component.
                                             Western GOA.
Sablefish..................................  Central GOA.
                                             Eastern GOA.
Shallow-water flatfish.....................  Eastern GOA.
Deep-water flatfish........................  Western GOA.
Rex sole...................................  Western GOA.
                                             Eastern GOA.
Arrowtooth flounder........................  Western GOA.
                                             Eastern GOA.
Flathead sole..............................  Western GOA.
                                             Eastern GOA.
Pacific ocean perch........................  Western GOA.
Northern rockfish..........................  Western GOA.
Shortraker rockfish........................  Western GOA.
                                             Central GOA.
                                             Eastern GOA.
Dusky rockfish.............................  Western GOA.
                                             Central GOA.
                                             Eastern GOA.
Rougheye rockfish..........................  Western GOA.
                                             Central GOA.
                                             Eastern GOA.
Demersal shelf rockfish....................  Southeast Outside District.
Thornyhead rockfish........................  Western GOA.
                                             Central GOA.
                                             Eastern GOA.
Other rockfish.............................  Central GOA.
                                             Eastern GOA.
Atka mackerel..............................  GOA.
                                             Western GOA.
Big skates.................................  Central GOA.
                                             Eastern GOA.
Longnose skates............................  Western GOA.
                                             Central GOA.
                                             Eastern GOA.
Other skates...............................  GOA.
Sculpins...................................  GOA.
Sharks.....................................  GOA.
Octopuses..................................  GOA.
----------------------------------------------------------------------------------------------------------------

* * * * *

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

0
 11. The authority citation for part 680 continues to read as follows:

     Authority:  16 U.S.C. 1862; Pub. L., 109-241; Pub. L. 109-479.

0
12. In Sec.  680.22, revise paragraph (e)(1)(i) to read as follows:


Sec.  680.22  Sideboard protections for GOA groundfish fisheries

* * * * *
    (e) * * *
    (1) * * *
    (i) Except as provided in paragraph (e)(1)(ii) of this section, 
annual sideboard harvest limits for each groundfish species, except 
fixed-gear sablefish, will be established by multiplying the sideboard 
ratios calculated under paragraph (d) of this section by the proposed 
and final TACs

[[Page 40742]]

in each area for which a TAC is specified. If a TAC is further 
apportioned by season, the sideboard harvest limit also will be 
apportioned by season in the same ratio as the overall TAC. The 
resulting harvest limits expressed in metric tons will be published in 
the annual GOA groundfish harvest specification notices, except for 
those species for which directed fishing for sideboard limits is 
prohibited (see paragraph (e)(2)(ii) of this section and Table 11 to 
this part).
* * * * *
0
13. Add Table 11 to part 680 to read as follows:

 Table 11--Gulf of Alaska Species and Species Groups for Which Directed
   Fishing for Sideboard Limits by Non-AFA Crab Vessels Is Prohibited
 
 
------------------------------------------------------------------------
    Species or species group      Management area or regulatory area,
                                   processing component (if applicable),
                                   and gear type (if applicable)
------------------------------------------------------------------------
Pollock.........................  Shumagin (Management Area 610).
                                  Chirikof (Management Area 620).
                                  Kodiak (Management Area 630).
                                  Western Yakutat District.
                                  Southeast Outside District.
------------------------------------------------------------------------
                                         Area          Gear, vessel type
                                 ---------------------------------------
Pacific cod.....................  Western GOA.......  Jig.
                                                      Hook-and-line
                                                       Catcher Vessel.
                                                      Trawl Catcher
                                                       Vessel.
                                 ---------------------------------------
                                  Central GOA.......  Jig.
                                                      Hook-and-line
                                                       Catcher Vessel.
                                                      Trawl Catcher
                                                       Vessel.
                                 ---------------------------------------
                                  Eastern GOA, inshore component.
                                  Eastern GOA, offshore component.
------------------------------------------------------------------------
Sablefish, trawl gear...........  Western GOA.
                                  Central GOA.
                                  Eastern GOA.
------------------------------------------------------------------------
Shallow-water flatfish..........  Western GOA.
                                  Central GOA.
                                  Eastern GOA.
------------------------------------------------------------------------
Deep-water flatfish.............  Western GOA.
                                  Central GOA.
                                  Eastern GOA.
------------------------------------------------------------------------
Rex sole........................  Western GOA.
                                  Central GOA.
                                  Eastern GOA.
------------------------------------------------------------------------
Arrowtooth Flounder.............  Western GOA.
                                  Central GOA.
                                  Eastern GOA.
------------------------------------------------------------------------
Flathead sole...................  Western GOA.
                                  Central GOA.
                                  Eastern GOA.
------------------------------------------------------------------------
Pacific ocean perch.............  Western GOA.
                                  Central GOA.
                                  Eastern GOA.
------------------------------------------------------------------------
Northern rockfish...............  Western GOA.
                                  Central GOA.
------------------------------------------------------------------------
Shortraker rockfish.............  Western GOA.
                                  Central GOA.
                                  Eastern GOA.
------------------------------------------------------------------------
Dusky rockfish..................  Western GOA.
                                  Central GOA.
                                  Eastern GOA.
------------------------------------------------------------------------
Rougheye rockfish...............  Western GOA.
                                  Central GOA.
                                  Eastern GOA.
------------------------------------------------------------------------
Demersal shelf rockfish.........  Southeast Outside District.
------------------------------------------------------------------------
Thornyhead rockfish.............  Western GOA.
                                  Central GOA.
                                  Eastern GOA.

[[Page 40743]]

 
------------------------------------------------------------------------
Other rockfish..................  Western/Central GOA.
                                  Eastern GOA.
------------------------------------------------------------------------
Atka mackerel...................  GOA.
------------------------------------------------------------------------
Big skates......................  Western GOA.
                                  Central GOA.
                                  Eastern GOA.
------------------------------------------------------------------------
Longnose skates.................  Western GOA.
                                  Central GOA.
                                  Eastern GOA.
------------------------------------------------------------------------
Other skates....................  GOA.
------------------------------------------------------------------------
Sculpins........................  GOA.
Sharks..........................  GOA.
Octopuses.......................  GOA.
------------------------------------------------------------------------

* * * * *
[FR Doc. 2018-17538 Filed 8-15-18; 8:45 am]
 BILLING CODE 3510-22-P


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