84514 Federal Register / Vol. 89, No. 205 / Wednesday, October 23, 2024 / Proposed Rules 

trip limit for black rockfish caught with 

hook-and-line gear also applies, see 

§ 660.230(e). The trip limits in tables 2 

(North) and 2 (South) of this subpart 

apply to vessels participating in the 

limited entry groundfish fixed gear 

fishery and may not be exceeded. 

Federal commercial groundfish 

regulations are not intended to 

supersede any more restrictive state 

commercial groundfish regulations 

relating to federally managed 

groundfish. 

* * * * * 

(d) * * * 

(17) Groundfish exclusion areas 

(GEAs). GEAs are closed areas defined 

by specific latitude and longitude 

coordinates (specified at § 660.70) 

where recreational and/or commercial 

fishing for groundfish is prohibited. It is 

unlawful to fish for, take and retain, 

possess (except for the purpose of 

continuous transit) or land groundfish 

within the GEAs. All fishing gear for 

targeting groundfish must be stowed 

while transiting through a GEA. If 

fishing for non-groundfish species 

within a GEA, then no groundfish may 

be on board the vessel. 

* * * * * 

■ 5. Amend § 660.330 by revising 

paragraphs (a) and (d)(19) to read as 

follows: 

§ 660.330 Open access fishery— 

management measures. 

(a) General. Groundfish species taken 

in open access fisheries will be managed 

with cumulative trip limits (see trip 

limits in tables 3 (North) and 3 (South) 

of this subpart), size limits (see 

§ 660.60(h)(5)), seasons (see seasons in 

tables 3 (North) and 3 (South) of this 

subpart), gear restrictions (see paragraph 

(b) of this section), and closed areas (see 

paragraph (d) of this section and 

§§ 660.70 through 660.79). Unless 

otherwise specified, a vessel operating 

in the open access fishery is subject to, 

and must not exceed any trip limit, 

frequency limit, and/or size limit for the 

open access fishery. Cowcod retention is 

prohibited in all fisheries, and 

groundfish vessels must adhere to GEA 

restrictions (see paragraph (d)(19) of this 

section and § 660.70). Retention of 

yelloweye rockfish is prohibited in all 

open access fisheries. For information 

on the open access daily/weekly trip 

limit fishery for sablefish, see § 660.332 

of this subpart and the trip limits in 

tables 3 (North) and 3 (South) of this 

subpart. Open access vessels are subject 

to daily or weekly sablefish limits in 

addition to cumulative limits for each 

cumulative limit period. Only one 

sablefish landing per week may be made 

in excess of the daily trip limit and, if 

the vessel chooses to make a landing in 

excess of that daily trip limit, then that 

is the only sablefish landing permitted 

for that week. The trip limit for black 

rockfish caught with hook-and-line gear 

also applies, see paragraph (e) of this 

section. Open access vessels that fish 

with non-groundfish trawl gear or in the 

salmon troll fishery north of lat. 40°10′ 

N are subject the cumulative limits and 

closed areas (except the pink shrimp 

fishery which is not subject to RCA 

restrictions) listed in tables 3 (North) 

and 3 (South) of this subpart. 

* * * * * 

(d) * * * 

(19) Groundfish exclusion areas 

(GEAs). GEAs are closed areas defined 

by specific latitude and longitude 

coordinates (specified at § 660.70) 

where recreational and/or commercial 

fishing for groundfish is prohibited. It is 

unlawful to fish for, take and retain, 

possess (except for the purpose of 

continuous transit) or land groundfish 

within the GEAs. All fishing gear for 

targeting groundfish must be stowed 

while transiting through a GEA. If 

fishing for non-groundfish species 

within a GEA, then no groundfish may 

be on board the vessel. 

* * * * * 

■ 6. Amend § 660.360 by revising 

paragraph (c)(3)(i)(B) to read as follows: 

§ 660.360 Recreational fishery— 

management measures. 

* * * * * 

(c) * * * 

(3) * * * 

(i) * * * 

(B) Groundfish exclusion areas 

(GEAs). GEAs are closed areas defined 

by specific latitude and longitude 

coordinates (specified at § 660.70) 

where recreational and/or commercial 

fishing for groundfish is prohibited. It is 

unlawful to fish for, take and retain, 

possess (except for the purpose of 

continuous transit) or land groundfish 

within the GEAs. Recreational fishing 

gear for targeting groundfish may not be 

deployed while transiting through a 

GEA. If fishing for non-groundfish 

species within a GEA, then no 

groundfish may be on board the vessel. 

* * * * * 

[FR Doc. 2024–24556 Filed 10–22–24; 8:45 a.m.] 

BILLING CODE 3510–22–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 679 

[Docket No. 241017–0274] 

RIN 0648–BM77 

Fisheries of the Exclusive Economic 

Zone; Authorizing Hook-and-Line 

Catcher/Processors To Use Longline 

Pot Gear in the Bering Sea Greenland 

Turbot Fishery 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Proposed rule; request for 

comments. 

SUMMARY: NMFS proposes regulations 

that would authorize hook-and-line 

catcher/processors (C/Ps) to use longline 

pot gear when directed fishing for 

Greenland turbot in the Bering Sea (BS) 

subarea of the Bering Sea and Aleutian 

Islands (BSAI). This proposed rule is 

necessary to improve efficiency, provide 

economic benefits for the hook-and-line 

C/P sector, and minimize potential 

fishery interactions with killer whales. 

This proposed rule would promote the 

goals and objectives of the MagnusonStevens Fishery Conservation and 

Management Act (Magnuson-Stevens 

Act), the Fishery Management Plan 

(FMP) for Groundfish of the Bering Sea 

and Aleutian Islands Management Area 

(BSAI FMP) and other applicable laws. 

DATES: Submit comments on or before 

November 22, 2024. 

ADDRESSES: A plain language summary 

of this proposed rule is available at 

https://www.regulations.gov/docket/ 

NOAA-NMFS-2023-0156. You may 

submit comments on this document, 

identified by NOAA–NMFS–2023–0156 

by any of the following methods: 

• Electronic Submission: Submit all 

electronic public comments via the 

Federal e-Rulemaking Portal. Visit 

https://www.regulations.gov and type 

NOAA–NMFS–2023–0156 in the Search 

box. Click on the ‘‘Comment’’ icon, 

complete the required fields, and enter 

or attach your comments. 

• Mail: Submit written comments to 

Gretchen Harrington, Assistant Regional 

Administrator, Sustainable Fisheries 

Division, Alaska Region NMFS. 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 


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considered by NMFS. All comments 

received are a part of the public record 

and will generally be posted for public 

viewing on https://www.regulations.gov 

without change. All personal identifying 

information (e.g., name, address, etc.), 

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 

Environmental Assessment and 

Regulatory Impact Review (RIR) 

(collectively ‘‘the Analysis’’) prepared 

for this action are available on https:// 

www.regulations.gov or from the NMFS 

Alaska Region website at https://

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

Written comments regarding the 

burden-hour estimates or other aspects 

of the collection-of-information 

requirements contained in this proposed 

rule may be submitted to NMFS and on 

https://www.reginfo.gov/public/do/ 

PRAMain. Find this particular 

information collection by selecting 

‘‘Currently under 30-day Review—Open 

for Public Comments,’’ or by using the 

Search function. 

FOR FURTHER INFORMATION CONTACT: 

Andrew Olson, 907–586–7228, 

andrew.olson@noaa.gov. 

SUPPLEMENTARY INFORMATION: NMFS 

manages the groundfish fisheries of the 

BSAI under the BSAI FMP. The North 

Pacific Fishery Management Council 

(Council) prepared, and the Secretary of 

Commerce (Secretary) approved, the 

BSAI FMP under the authority of the 

Magnuson-Stevens Act (16 U.S.C. 1801 

et seq.). Regulations governing U.S. 

fisheries and implementing the BSAI 

FMP appear at 50 CFR parts 600 and 

679. The Council and NMFS manage 

Greenland turbot (Reinhardtius 

hippoglossoides) as a groundfish species 

under the BSAI FMP. Section 3.4 of 

BSAI FMP identifies authorized gear 

types for groundfish fisheries as trawls, 

hook-and-line, pots, jigs, and other gear 

as defined in regulations. This section 

also states that further restrictions on 

gear which are necessary for 

conservation and management of fishery 

resources and which are consistent with 

the goals and objectives of the FMP are 

found at 50 CFR part 679. 

Background 

The following background sections 

describe (1) the Greenland turbot 

directed fishery; (2) authorized gear; (3) 

whale depredation; and (4) groundfish 

maximum retainable amounts (MRAs). 

Greenland Turbot Directed Fishery 

The directed fishery for Greenland 

turbot is managed under the BSAI FMP 

and is divided into two fishing subareas: 

(1) the BS; and (2) the Aleutian Islands 

(AI). Under the BSAI FMP, the 

acceptable biological catch (ABC) of 

Greenland turbot is allocated between 

the BS and AI subareas based on the 

proportion of biomass in each area. 

Annually, in the BSAI groundfish 

harvest specifications, NMFS 

establishes a total allowable catch (TAC) 

for Greenland turbot that is apportioned 

between the BS and AI subareas based 

on the TAC recommended by the 

Council (89 FR 17287, March 11, 2024). 

Under § 679.23(e)(1), directed fishing for 

Greenland turbot is authorized from 

May 1 through December 31 and NMFS 

closes the fishery if the TAC is reached 

prior to the season end date. The 

Greenland turbot directed fishery is a 

relatively small fishery with low TACs 

and the area where the fishery occurs in 

the BS and AI subareas (as described in 

section 3.3.2 of the Analysis (see 

ADDRESSES section)) is very remote, 

making it difficult to prosecute the 

fishery. 

Under the Western Alaska 

Community Development Quota (CDQ) 

Program, § 679.20(b)(1)(ii)(D) requires 

that NMFS allocate 10.7 percent of the 

BS subarea Greenland turbot TAC to the 

CDQ reserve. CDQ allocations of BS 

subarea Greenland turbot may be fished 

by either trawl or nontrawl vessels. CDQ 

groups may arrange for the CDQ reserve 

to be fished by companies or on vessels 

in which they have an ownership stake, 

or they might make the CDQ reserve 

available to be fished by any permitted 

vessel and receive a royalty permit in 

return as described in section 3.3.1 of 

the Analysis (see ADDRESSES section). 

CDQ fishing for Greenland turbot is 

authorized from January 1 through 

December 31 (§ 679.23(e)(4)(iii)). 

Vessels participating in the directed 

fishery for Greenland turbot in the BS 

subarea are required to have a 

groundfish license limitation program 

(LLP) license with the necessary gear 

(i.e., nontrawl, trawl, or both gear types) 

and BS subarea endorsements (see 

§ 679.4(k)(1)(i)). The directed fishery for 

Greenland turbot is prosecuted by the 

trawl and nontrawl sectors and is 

mainly concentrated in the BS subarea, 

which is the focus of this proposed rule. 

The Greenland turbot fishery in the AI 

subarea has been closed to directed 

fishing in all years from 2013 through 

2024 due to relatively low TACs. 

Additionally, several factors have 

contributed to low interest in 

developing this fishery such as lower 

local abundance, poorer fish quality 

resulting in lower value products, and 

higher operating costs. 

Participants in the Greenland turbot 

trawl fishery consist exclusively of 

Amendment 80 vessels. The 

Amendment 80 Program allocated 

several BSAI non-pollock trawl 

groundfish species among trawl fishery 

sectors, facilitated the formation of 

harvesting cooperatives in the nonAmerican Fisheries Act (non-AFA) 

trawl C/P sector, and established a 

limited access privilege program for the 

non-AFA trawl C/P sector (72 FR 52668, 

September 14, 2007). This proposed rule 

does not change regulations applicable 

to the Amendment 80 Program. 

The majority of participants in the 

nontrawl Greenland turbot fishery are 

hook-and-line C/P vessels. Hook-andline C/P vessels, as defined in the 

regulations at § 679.2, are vessels named 

on LLP licenses that are noninterim and 

transferable, or that are interim and 

subsequently become noninterim and 

transferable, and that are endorsed for 

BS subarea or AI subarea C/P fishing 

activity, C/P Pacific cod (Gadus 

macrocephalus), and hook-and-line 

gear. As a broad category of vessels, 

hook-and-line C/Ps primarily target 

Pacific cod in the CDQ and non-CDQ 

fisheries in the BSAI, and may also 

participate in the Greenland turbot and 

sablefish fisheries, as well as groundfish 

fisheries in the Gulf of Alaska (GOA). 

Catcher vessels (CVs), on the other 

hand, have rarely targeted Greenland 

turbot in the BS subarea. This is due to 

the remoteness of the area where the 

fishery occurs and characteristics of 

Greenland turbot flesh that would 

degrade and lose value in the time 

required to make a shoreside landing, as 

CVs are vessels used for catching fish 

and do not process fish on board. Vessel 

LLP licenses have endorsements for 

operation type and are either CV or C/ 

P. A C/V endorsement allows a vessel to 

harvest, but not process fish on board, 

while a C/P endorsement allows a vessel 

to harvest and on board processing. 

Most hook-and-line C/P vessels are 

members of the Freezer Longline 

Conservation Cooperative (FLCC). The 

FLCC is a voluntary cooperative 

represented by the Freezer Longline 

Coalition that comprises 36 LLP license 

holders endorsed for BS or AI subarea 

hook-and-line C/P fishing for Pacific 

cod. Cooperatives allow fishery 

participants to coordinate their 

collective fishing operations, and 

benefit from the resulting efficiencies. 

Since the formation of the FLCC in 

2010, the sector has operated what 

could be considered a ‘‘year-round’’ 

Pacific cod fishery. Historically, only a 


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small portion of these LLP licenses 

endorsed for BS or AI subarea hook-andline C/P fishing for Pacific cod have 

targeted Greenland turbot in the BS 

subarea, and, since 2010, the number 

has not surpassed nine vessels. 

The Amendment 80 cooperatives and 

FLCC coordinate to harvest the BS 

subarea Greenland turbot non-CDQ TAC 

using a voluntary, non-regulatory 

agreement to divide the available TAC 

between the trawl and nontrawl sectors. 

The specific terms of the agreement are 

not publicly disclosed or shared with 

NMFS; however, NMFS understands 

that the TAC is apportioned between the 

trawl and nontrawl sectors to maximize 

utilization and account for incidental 

catch in other fisheries. NMFS 

understands that the agreement was 

developed in response to competition 

between the sectors and the need for 

NMFS to manage the fishery 

conservatively, due to bycatch of 

Greenland turbot in trawl fisheries 

targeting arrowtooth (Atheresthes 

stomias) and Kamchatka flounder (A. 

evermanni) that resulted in shorter 

seasons and early closures of the 

Greenland turbot directed fishery. 

Authorized Gear 

Gear endorsements for BSAI 

groundfish LLP licenses are either for 

trawl, nontrawl, or both gear types (see 

§ 679.4(k)(3)(iv)). Nontrawl gear is any 

legal gear type, other than trawl gear, 

used to harvest groundfish under the 

LLP (see § 679.4(k)(3)(iv)(F)). The use of 

nontrawl gear is limited to longline and 

pot gear, with longline gear 

encompassing hook-and-line gear, and 

pot gear including both longline pot and 

pot-and-line gear (e.g., single pot). 

Longline pot gear is pot gear with two 

or more pots attached to a stationary, 

buoyed, and anchored line while potand-line gear is pot gear with a 

stationary, buoyed line with a single pot 

attached. Although pot-and-line gear is 

currently authorized for the directed 

fishery for Greenland turbot in the BS 

subarea, pot-and-line gear has not been 

utilized due to the inefficiency of setting 

a single pot at the depths and locations 

where the fishery occurs. Pot gear, 

which includes longline pot and potand-line gear, is required to have a 

biodegradable panel that measures at 

least 18 inches in length, parallel to, and 

within 6 inches of, the bottom of the 

pot, and that is sewn with untreated 

cotton thread no larger than No. 30. This 

requirement ensures the release of 

caught fish if pot gear is lost or becomes 

unretrievable. Collapsible pots, also 

called slinky pots, are used as longline 

pot gear in the IFQ and CDQ halibut 

(Hippoglossus stenolepis) and sablefish 

(Anoplopoma fimbria) fisheries. 

Collapsible pots have an exception to 

the placement of the biodegradable 

panel when used in these fisheries, 

whereby the panel may be placed 

anywhere on the mesh of the pot, which 

is at least 18 inches (45.72 cm) in length 

and is made from untreated cotton 

thread of no larger size than No. 30, or 

wrapped on the pot door, provided the 

pot door has a minimum diameter of 18 

inches and is sewn with untreated 

cotton thread no larger than No. 30. 

Gear limitations at § 679.24(b) require 

any person using longline pot gear to 

treat any catch of groundfish species as 

prohibited species unless there is an 

explicit exception that allows the use of 

this gear type by area and fishery. The 

exceptions to the longline pot gear 

limitation set forth in § 679.24(b)(1) 

include fishing in the AI subarea, 

fishing for sablefish in the BS subarea, 

fishing for sablefish individual fishing 

quota (IFQ) in the GOA, and while 

fishing for IFQ or CDQ halibut in the 

BSAI (§ 679.24(b)). For additional 

information on authorized fishing gear 

including trawl, nontrawl, longline, 

hook-and-line, pot-and-line, and 

longline pot gear see the definition of 

‘‘Authorized fishing gear’’ at § 679.2. 

Regulations at § 679.24(a) require any 

vessel fishing with hook-and-line, 

longline pot, and pot-and-line gear to 

mark all buoys carried on board or used 

with the vessel’s federal fisheries permit 

(FFP) number or Alaska Department of 

Fish and Game (ADF&G) vessel 

registration number. Buoy markings 

have minimum text width and height 

specifications and must be of 

contrasting coloring so markings are 

clearly visible above the water line. 

Vessel operators deploying longline pot 

gear to fish IFQ sablefish in the GOA are 

required to have an additional hard 

buoy ball in the buoy cluster attached 

and marked with the initials ‘‘LP’’ for 

‘‘Longline Pot’’ to distinguish buoys for 

hook-and-line and pot-and-line gear 

from buoys for longline pot gear 

(§ 679.24(a)). 

A pot used to fish for groundfish is 

required to have tunnel openings no 

wider and no higher than 9 inches as 

defined in paragraph (15)(ii) of the 

definition of ‘‘Authorized fishing gear’’ 

at § 679.2. In 2020, the Council 

recommended and NMFS implemented 

an exception to the 9-inch tunnel 

opening restriction for halibut, which is 

also a large flatfish species, under 

amendment 118 to the BSAI FMP (85 FR 

840, January 8, 2020). This action was 

intended to improve capture efficiency 

in legal sized halibut using pot gear 

when fishing for IFQ and CDQ halibut 

and IFQ and CDQ sablefish in the BSAI 

or sablefish IFQ in the GOA when 

halibut retention is required, decrease 

the potential for discards, and whale 

depredation. For additional information 

on longline pot gear restrictions, see 

‘‘Gear Limitations’’ at § 679.24(b). 

Whale Depredation 

Depredation by killer whales (Orcinus 

orca) has been increasing, preventing 

hook-and-line C/P vessels from 

participating in the directed fishery for 

Greenland turbot in the BS subarea. 

Whale depredation occurs when whales 

remove or damage fish during hauling 

or feed on fish being caught or 

discarded. Whale depredation 

negatively impacts fishing fleets by 

reducing catch rates and increasing 

operational costs. Additionally, 

depredation has negative consequences 

for whales through increased risk of 

vessels strikes, gear entanglements, and 

altered foraging strategies. Depredation 

by sperm and killer whales on hookand-line gear is a common occurrence 

for the sablefish IFQ fishery in the GOA 

and BSAI where whales can completely 

remove or damage sablefish captured on 

hooks before the gear is retrieved. Killer 

whale depredation resulted in the 

decline in participation by hook-andline C/P vessels in the directed fishery 

for Greenland turbot in the BS subarea 

beginning in 2018, and the complete 

absence of participation in 2021, 2022, 

and 2023, due to operational challenges 

posed by whale depredation that made 

fishing uneconomical as described in 

section 4 of the Analysis (see ADDRESSES

section). The Council recommended and 

NMFS allowed the use of longline pot 

gear in the GOA sablefish IFQ fishery to 

improve efficiency and improve 

economic benefits for the sablefish IFQ 

fleet impacted by whale depredation 

(amendment 101 to the GOA FMP; 81 

FR 95435, December 28, 2016). For more 

information about killer whale 

depredation on hook-and-line C/Ps in 

the BS subarea, refer to section 3.4 of 

the Analysis (see ADDRESSES section). 

Groundfish Maximum Retainable 

Amounts (MRAs) 

An MRA limits the retention of 

incidental catch species that are caught 

while targeting other species or species 

groups—known as basis species—open 

to directed fishing (§ 679.20(e)). Under 

§ 679.2, the definition of ‘‘directed 

fishing’’ means any fishing activity that 

results in the retention of an amount of 

a species or species group on board a 

vessel that is greater than the MRA for 

that species or species group as 

calculated under § 679.20(e). MRAs 

establish retainable percentages to allow 

for the retention of incidental catch, 


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preventing regulatory discards and 

increasing the utilization of incidental 

catch of a species when the fishery is 

closed to directed fishing. MRAs help 

manage the harvest of a groundfish 

species within its annual TAC. Once the 

TAC for a species is reached, retention 

of that species is prohibited, and any 

further catch must be discarded. To 

ensure sufficient amounts of the TAC 

are available for incidental catch in 

other fisheries, NMFS closes a species to 

directed fishing before the entire TAC is 

harvested. 

Gear limitations require any person 

using longline pot gear to treat any catch 

of groundfish species as a prohibited 

species unless there is an explicit 

exception that allows the use of this 

gear type by area and fishery 

(§ 679.24(b)(1)). Under current 

regulations, longline pot gear is allowed 

in the BSAI for directed fishing for 

sablefish in the BS subarea, which 

means retaining sablefish on board a 

vessel in an amount greater than the 

MRA. The MRA for sablefish is 

currently set at 15 percent when the 

basis species is Greenland turbot in the 

BSAI (Table 11 to part 679). If a vessel 

is directed fishing for Greenland turbot, 

retention of sablefish would be allowed 

only if the vessel held enough sablefish 

IFQ to possess more than the 15 percent 

MRA limit, otherwise sablefish may not 

be retained as described in section 6.3 

of the Analysis (see ADDRESSES section). 

A vessel may retain Greenland turbot up 

to the MRA in other groundfish fisheries 

where longline pot gear is authorized 

unless retention of Greenland turbot is 

prohibited because a TAC has been met. 

Need for Action 

This proposed rule would allow hookand-line C/P vessels to use longline pot 

gear to directed fish for Greenland 

turbot in the BS subarea. This proposed 

rule is needed to mitigate impacts of 

killer whale depredation and increase 

operational flexibility and efficiency for 

hook-and-line C/P vessels who have 

historically participated in the directed 

fishery for Greenland turbot using hookand-line gear in the BS subarea. Since 

2020, killer whale depredation has 

increased, reducing or preventing 

participation in the directed fishery for 

Greenland turbot in the BS subarea by 

hook-and-line C/P vessels. Using 

longline pot gear could effectively 

mitigate killer whale depredation in the 

directed fishery for Greenland turbot in 

the BS subarea and improve efficiency 

and economic benefits for hook-and-line 

C/P vessels, as it would be more 

difficult for whales to remove or damage 

fish enclosed in pots. Greenland turbot 

is a large flatfish species and this 

proposed rule would also add an 

exception to the 9-inch tunnel opening 

restriction for longline pot gear to 

remove a potential impediment for 

selecting larger fish, and improve 

fishing efficiency, when participating in 

the directed fishery for Greenland turbot 

in the BS subarea. 

In April 2021, the Council tasked staff 

with preparing a discussion paper on 

authorizing longline pot gear as a legal 

gear type for the directed fishery for 

Greenland turbot in the BS subarea. 

This request responded to the Council 

Advisory Panel recommendation that 

longline pot gear could effectively 

mitigate killer whale depredation of 

Greenland turbot on hook-and-line gear. 

The Council reviewed the discussion 

paper at its February 2022 meeting, 

developing an initial purpose and need 

statement and a single action alternative 

that would authorize longline pot gear 

for any LLP license holder with BS 

nontrawl endorsements. At that time, 

the Council also introduced an option to 

exempt the 9-inch maximum pot tunnel 

opening limitation when fishing for 

Greenland turbot in the BS subarea. 

In October 2022, the Council 

considered the initial review of this 

action and heard public testimony, 

modifying the purpose and need 

statement to evaluate the potential 

disruption to historic participants in the 

nontrawl Greenland turbot fishery if 

new entrants with no previous activity 

in the fishery were to participate. The 

Council added an alternative that would 

narrow the action to authorize longline 

pot gear in the directed fishery for 

Greenland turbot in the BS subarea only 

for hook-and-line C/P vessels as defined 

in regulation (§ 679.2). In April 2023, 

the Council recommended that NMFS 

authorize the use of longline pot gear 

and remove the 9-inch pot tunnel 

opening restriction for hook-and-line 

C/P vessels participating in the directed 

fishery for Greenland turbot in the BS 

subarea. The other revisions included in 

this action were presented in the 

Analysis (see ADDRESSES section) as 

necessary to implement the preferred 

alternative. 

This action applies exclusively to 

vessels whose LLP licenses qualify them 

as participants in the hook-and-line 

C/P sector who have historically 

participated in and comprise the 

nontrawl sector directed fishery for 

Greenland turbot in the BS subarea. 

This action is intended to increase 

operational flexibility for hook-and-line 

C/P vessels in the BS subarea, mitigate 

the impacts of whale depredation, and 

allow the fishery to resume. The 

directed fishery for Greenland turbot in 

the BS subarea is a small, remote fishery 

with low TACs, making it viable 

primarily for hook-and-line C/Ps. Due to 

the remoteness of the fishing grounds 

and the nature of Greenland turbot 

flesh, which can degrade and lose value 

during the time needed for shoreside 

landings, participation by CVs is 

unlikely. This action is not intended to 

create opportunities for new entrants 

without previous history in the fishery, 

as their participation could disrupt the 

established hook-and-line C/P and 

Amendment 80 sectors. New entrants 

might also pose challenges to 

maintaining a fishing pace that allows 

NMFS to effectively manage the fishery, 

especially in environments with 

moderate to low TACs. However, this 

action does not preclude CVs from 

participating in the Greenland turbot 

fishery in the BS subarea, as they can 

still participate in the fishery with hookand-line or pot-and-line gear. 

This Proposed Rule 

This proposed rule would revise 

regulations at 50 CFR part 679 to: (1) 

allow hook-and-line C/P vessels to use 

longline pot gear for the directed fishery 

for Greenland turbot in the BS subarea; 

(2) add the directed fishery for 

Greenland turbot in the BS subarea to 

the collapsible pot exception; (3) add an 

exception to the 9-inch maximum pot 

tunnel opening limitation for longline 

pot gear when participating in the 

directed fishery for Greenland turbot in 

the BS subarea; and (4) clarify MRA 

retention requirements for longline pot 

gear with the authorization of this gear 

type for the directed fishery for 

Greenland turbot in the BS subarea. The 

following sections describe the 

proposed changes to the regulations. 

Authorize Longline Pot Gear 

This proposed rule would amend 

regulations at § 679.24(b)(1) to allow 

hook-and-line C/P vessels to use 

longline pot gear to retain groundfish 

species while directed fishing for 

Greenland turbot in the BS subarea. 

This proposed rule would also amend 

longline pot gear for gear marking 

requirements at § 679.24(a)(3) and 

recordkeeping and reporting 

requirements at § 679.5(c)(3)(v)(G)(2). 

These modifications would expand the 

use of longline pot gear to include 

directed fishing for Greenland turbot in 

the BS subarea, alongside the areas and 

fisheries where this gear type is already 

authorized and add associated gear 

marking, recordkeeping, and reporting 

requirements consistent with those 

already applicable when using longline 

pot gear in the GOA. 

Gear marking requirements would be 

added for vessels using longline pot gear 


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84518 Federal Register / Vol. 89, No. 205 / Wednesday, October 23, 2024 / Proposed Rules 

to directed fish for Greenland turbot in 

the BS subarea at § 679.24(a)(3). These 

changes would require that each end of 

longline pot gear set deployed must 

have one hard buoy ball attached and 

marked with the capital letters ‘‘LP’’ to 

differentiate between whether a set is 

hook-and-line or longline pot gear in 

accordance with marking requirements 

specified at § 679.24(a)(2). Regulations 

at § 679.5(c)(3)(v)(G)(2) governing the 

logbook requirements for longline pot 

gear would be modified to require that 

the length of the longline pot set, size 

of pots used, the spacing between pots 

on a set, and the quantity of pots 

deployed and lost be recorded on a 

logbook by vessels while directed 

fishing for Greenland turbot in the BS 

subarea. The use of longline pot gear 

continues to expand, and these changes 

are intended to improve regulatory 

consistency, monitoring, and 

enforcement with the addition of 

longline pot gear being authorized for 

hook-and-line C/Ps participating in the 

directed fishery for Greenland turbot in 

the BS subarea. 

Collapsible Pot Exception 

This proposed rule would add the 

directed fishery for Greenland turbot in 

the BS subarea to the current list of 

fisheries authorized to place a 

biodegradable panel anywhere on the 

mesh of a collapsible pot, also called a 

slinky pot, as specified in paragraph 

(15)(i)(A) of the definition of 

‘‘Authorized fishing gear’’ at § 679.2. 

Collapsible pot gear must have a 

biodegradable panel placed anywhere 

on the mesh using untreated cotton 

thread no longer than No. 30, which is 

at least 18 inches in length, or may be 

wrapped on the door of a pot that is at 

least 18 inches in diameter. Including 

Greenland turbot in the BS subarea in 

the collapsible pot exception is 

necessary to allow vessels to use this 

type of pot under the proposed rule 

authorizing longline pot gear. This 

change will facilitate the effective 

escapement of fish if a pot is lost and 

will standardize gear requirements for 

pot gear. 

Tunnel Opening Exception for 

Greenland Turbot 

This proposed rule would add an 

exception to the longline pot tunnel 

opening restriction specified in 

paragraph (15)(ii) of the definition of 

‘‘Authorized fishing gear’’ at § 679.2 to 

allow the use of pots with tunnel 

openings larger than 9 inches when 

directed fishing Greenland turbot in the 

BS subarea. This is necessary to ensure 

that the pot gear used in this fishery is 

not size-selective for smaller Greenland 

turbot and allow for larger fish to enter 

the pots. Additionally, this proposed 

rule would move the current regulatory 

paragraph that specifies the existing 

halibut retention exception from 

paragraph (15)(iii) to paragraph (15)(ii) 

under the definition of ‘‘Authorized 

fishing gear’’ at § 679.2 to improve 

regulatory clarity and organization for 

fisheries that have exceptions to the pot 

tunnel opening restriction. 

Longline Pot Gear MRAs 

Removal of the gear restriction that 

prevents retention of groundfish species 

by vessels using longline pot gear in the 

BS subarea when directed fishing for 

Greenland turbot would also allow these 

vessels to retain up to the MRA of other 

groundfish species unless retention is 

prohibited or required by other 

applicable law. This proposed rule 

would add a paragraph at 

§ 679.20(e)(3)(vii) to clarify that vessels 

using longline pot gear can retain 

groundfish up to the MRA. 

Classification 

Pursuant to section 304(b)(1)(A) of the 

Magnuson-Stevens Act, the NMFS 

Assistant Administrator has determined 

that this proposed rule is consistent 

with the BSAI FMP, other provisions of 

the Magnuson-Stevens Act, and other 

applicable law, subject to further 

consideration after public comment. 

NMFS prepared an Environmental 

Assessment for this regulatory 

amendment that discusses the impact 

on the environment as a result of this 

rule. The proposed rule is considered to 

have minimal impact due to its narrow 

scope and alignment with the existing 

fishery management frame-work and is 

unlikely to significantly affect the 

environment or species beyond the 

status quo. A copy of the Environmental 

Assessment is available from the NMFS 

(see ADDRESSES section). 

This proposed rule has been 

determined to be not significant for 

purposes of Executive Order 12866. 

Regulatory Impact Review 

A Regulatory Impact Review was 

prepared to assess the costs and benefits 

of available regulatory alternatives. A 

copy of this Analysis is available from 

NMFS (see ADDRESSES section). The 

Council recommended and NMFS 

proposes these regulations based on 

those measures that maximize net 

benefits to the Nation. 

Certification Under the Regulatory 

Flexibility Act 

The Chief Counsel for Regulation of 

the Department of Commerce certified 

to the Chief Counsel for Advocacy of the 

Small Business Administration that this 

proposed rule, if adopted, would not 

have a significant economic impact on 

a substantial number of small entities. 

NMFS requests comments on this 

certification for this proposed rule. The 

factual basis for this determination is as 

follows: 

This proposed rule would allow 

owners and operators of hook-and-line 

C/P vessels to use longline pot gear to 

directed fish for Greenland turbot in the 

BS subarea. A discussion of the 

potential impacts of the proposed action 

is further discussed in section 4 of the 

Analysis (see ADDRESSES section). 

For Regulatory Flexibility Act (RFA) 

purposes only, NMFS 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 

(North American Industry Classification 

System (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 less than $11 

million for all its affiliated operations 

worldwide. The RFA also requires 

consideration of affiliations between 

entities for the purpose of assessing 

whether an entity is classified as small. 

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. NMFS has 

determined that vessels that are 

members of a fishing cooperative are 

affiliated when classifying them for 

purposes of the RFA. During the 2012 

through 2022 period, there were 23 

active vessels that had participated in 

the BSAI groundfish fishery as a C/P 

using hook-and-line or pot gear. None of 

those vessels are considered small 

entities due to cooperative affiliation. 

For the purpose of this RFA analysis, 

NMFS believes that all of the entities 

directly regulated under the Council’s 

preferred alternative are large entities. 

This action increases flexibility and 

operational efficiency. It is anticipated 

that this action would improve costefficiencies for directly regulated 

entities to a marginal degree. This action 

allows a different gear type that could 

make the nontrawl fishery more 

successful to the extent they choose to 

use that gear. Use of the gear is 

voluntary and not mandatory. As a 

voluntary efficiency, entities would 

participate, and thus be directly 

regulated, but only if there is a net 

benefit to doing so. 


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Federal Register / Vol. 89, No. 205 / Wednesday, October 23, 2024 / Proposed Rules 84519 

For these reasons, this action is not 

expected to have an adverse economic 

impact on a substantial number of small 

entities, and, as a result, an initial 

regulatory flexibility analysis is not 

required, and none has been prepared. 

Collection-of-Information Requirements 

This proposed rule contains 

collection-of-information requirements 

subject to review and approval by the 

Office of Management and Budget 

(OMB) under the Paperwork Reduction 

Act (PRA). This proposed rule would 

revise the existing collection-ofinformation requirements for OMB 

Control Number 0648–0515 (Alaska 

Interagency Electronic Reporting 

System) and revise and extend by 3 

years the existing requirements for OMB 

Control Number 0648–0353 (Alaska 

Region Gear Identification 

Requirements). The proposed changes to 

the collections are described below. The 

public reporting burden estimates 

provided below include the time for 

reviewing instructions, searching 

existing data sources, gathering and 

maintaining the data needed, and 

completing and reviewing the collection 

of information. 

a. OMB Control Number 0648–0353 

NMFS proposes to revise and extend 

for 3 years the existing requirements for 

OMB Control Number 0648–0353, 

which contains the gear identification 

requirements for the groundfish 

fisheries in the Exclusive Economic 

Zone off Alaska. The information 

collection for 0648–0353 would be 

revised because this proposed rule 

would require that each end of a set of 

longline pot gear deployed to directed 

fish for Greenland turbot in the BS 

subarea have one hard buoy ball 

attached marked with ‘‘LP’’ to 

distinguish this gear type from others 

authorized for this fishery. This revision 

adds an estimated nine respondents for 

marking longline pot gear. Public 

reporting burden is estimated to average 

30 minutes or less per individual 

response to collect the information and 

paint it on a buoy. The cost to mark 

buoys is estimated at $100 per 

respondent, which covers materials 

such as paint, paintbrushes, permanent 

ink applicator, and stencils. Subject to 

public comment, no changes are made 

to the estimated burden or cost because 

the estimates allow for differences in the 

time and cost to mark the buoys. 

b. OMB Control Number 0648–0515 

The information collection for 0648– 

0515 would be revised because this 

proposed rule would add the directed 

fishery for Greenland turbot in the BS 

subarea to the recordkeeping and 

reporting requirements specific to 

longline pot gear. Vessel operators 

would be required to enter in the 

logbook the length of a longline pot set, 

pot size and spacing, number of pots 

deployed, and the number of pots lost 

when the set is retrieved. The hook-andline C/Ps currently use the C/P 

electronic logbook. This revision does 

not change the respondents, responses, 

burden hours, or costs for the C/P 

electronic logbook. Public reporting 

burden is estimated to average 15 

minutes per individual response for the 

C/P electronic logbook. The current 

burden estimate for this logbook allows 

for differences in the time and cost 

needed to complete and submit the 

logbook. 

Public Comment on Collection-ofInformation Requirements 

NMFS seeks public comment 

regarding, but not limited to, the 

following: (1) whether this proposed 

collection of information is necessary 

for the proper performance of the 

functions of the agency, including 

whether the information shall have 

practical utility; (2) the accuracy of the 

burden estimate; (3) ways to enhance 

the quality, utility, and clarity of the 

information to be collected; and (4) 

ways to minimize the burden of the 

collection of information, including 

through the use of automated collection 

techniques or other forms of information 

technology. Submit comments on these 

or any other aspects of the collections of 

information at https://www.reginfo.gov/ 

public/do/PRAMain. 

Notwithstanding any other provision 

of 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. 

List of Subjects in 50 CFR Part 679 

Alaska, Fisheries, Reporting and 

recordkeeping requirements. 

Dated: October 18, 2024. 

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 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 § 679.2 amend the definition for 

‘‘Authorized fishing gear’’ by revising 

paragraph (15)(i)(A), redesignating 

paragraph (15)(iii) as paragraph 

(15)(ii)(A) and adding paragraph 

(15)(ii)(B). The revision and additions 

read as follows: 

§ 679.2 Definitions. 

* * * * * 

Authorized fishing gear * * * 

* * * * * 

(15) * * * 

(i) * * * 

(A) Collapsible pot exception. A 

collapsible pot (e.g., slinky pot) used to 

fish for halibut IFQ or CDQ, or sablefish 

IFQ or CDQ, in accordance with 

paragraph (4) of this definition, or used 

to directed fish for Greenland turbot in 

the Bering Sea subarea of the BSAI, is 

exempt from the biodegradable panel 

placement requirements described in 

paragraph (15)(i) of this definition. 

Instead, a collapsible pot must have 

either a biodegradable panel placed 

anywhere on the mesh of the collapsible 

pot, which is at least 18 inches (45.72 

cm) in length and is made from 

untreated cotton thread of no larger size 

than No. 30, or one door on the pot must 

measure at least 18 inches (45.72 cm) in 

diameter and be wrapped with 

untreated cotton thread of no larger size 

than No. 30. 

* * * * * 

(ii) * * * 

(B) Greenland turbot exception. If 

directed fishing for Greenland turbot in 

the Bering Sea subarea of the BSAI with 

longline pots, the tunnel opening 

requirement under paragraph 15(ii) of 

this definition does not apply. 

* * * * * 

■ 3. Revise § 679.5 paragraph 

(c)(3)(v)(G)(2)(i) and (ii) to read as 

follows: 

§ 679.5 Recordkeeping and reporting 

(R&R). 

* * * * * 

(c) * * * 

(3) * * * 

(v) * * * 

(G) * * * 

(2) * * * 

(i) If using longline pot gear in the 

GOA or while directed fishing for 

Greenland turbot in the Bering Sea 

subarea of the BSAI, enter the length of 

longline pot set to the nearest foot, the 

size of pot in inches (width by length by 

height or diameter), and spacing of pots 

to the nearest foot. 

(ii) If using longline pot gear in the 

GOA or while directed fishing for 


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84520 Federal Register / Vol. 89, No. 205 / Wednesday, October 23, 2024 / Proposed Rules 

Greenland turbot in the Bering Sea 

subarea of the BSAI, enter the number 

of pots deployed in each set (see 

paragraph (c)(3)(vi)(F) of this section) 

and the number of pots lost when the 

set is retrieved (optional, but may be 

required by IPHC regulations see 

§§ 300.60 through 300.65 of this title). 

* * * * * 

■ 4. Amend § 679.20 by adding 

paragraph (e)(3)(vii) to read as follows: 

§ 679.20 General limitations. 

* * * * * 

(e) * * * 

(3) * * * 

(vii) For vessels using longline pot 

gear pursuant to § 679.24(b), catch may 

be retained up to the maximum 

retainable amount unless retention is 

prohibited or required by other 

applicable laws. 

* * * * * 

■ 5. Amend § 679.24 by revising 

paragraph (a)(3) and adding paragraph 

(b)(1)(v) to read as follows: 

§ 679.24 Gear limitations. 

* * * * * 

(a) * * * 

(3) Each end of a set of longline pot 

gear deployed to fish IFQ sablefish in 

the GOA, and each end of a set of 

longline pot gear deployed to fish for 

Greenland turbot in the Bering Sea 

subarea of the BSAI, must have one hard 

buoy ball attached and marked with the 

capital letters ‘‘LP’’ in accordance with 

paragraph (a)(2) of this section. 

* * * * * 

(b) * * * 

(1) * * * 

(v) While directed fishing for 

Greenland turbot in the Bering Sea 

subarea of the BSAI by hook-and-line 

catcher/processors. 

* * * * * 

[FR Doc. 2024–24544 Filed 10–22–24; 8:45 am] 

BILLING CODE 3510–22–P 


khammond on DSKJM1Z7X2PROD with PROPOSALS