15420 Federal Register / Vol. 74, No. 64 / Monday, April 6, 2009 / Proposed Rules 

Navy’s Cherry Point Range Complex for 

the period of May 2009 through May 

2014. The Federal Register notice 

indicated that written comments were 

due by April 6, 2009, which allowed 21 

days for public input. In response to a 

request from the Marine Mammal 

Commission, NMFS has decided to 

extend the public comment period by 7 

days, to April 13, 2009, which allows 28 

days for public input. 

DATES: The public comment period for 

this action has been extended from 

April 6, 2009 to April 13, 2009. Written 

comments and information must be 

received no later than April 13, 2009. 

ADDRESSES: You may submit comments, 

identified by 0648–AX10, by any one of 

the following comments methods: 

• Electronic submissions: Submit all 

electronic public comments via the 

Federal eRulemaking Portal http:// 

www.regulations.gov. 

• Hand delivery or mailing of paper, 

disk, or CD–ROM comments should be 

addressed to Michael Payne, Chief, 

Permits, Conservation, and Education 

Division, Office of Protected Resources, 

National Marine Fisheries Service, 1315 

East–West Highway, Silver Spring, MD 

20910–3225. 

Instructions: All comments received 

are part of the public record and will 

generally be posted to http:// 

www.regulations.gov without change. 

All Personal Identifying Information (for 

example, name, address, etc.) 

voluntarily submitted by the commenter 

may be publicly accessible. Do not 

submit Confidential Business 

Information or otherwise sensitive or 

protected information. 

NMFS will accept anonymous 

comments (enter NA in the required 

fields if you wish to remain 

anonymous). Attachments to electronic 

comments will be accepted in Microsoft 

Word, Excel, WordPerfect, or Adobe 

PDF file formats only. 

FOR FURTHER INFORMATION CONTACT: 

Shane Guan, Office of Protected 

Resources, NMFS, 301–713–2289. 

SUPPLEMENTARY INFORMATION: 

Background information concerning the 

proposed regulations can be found in 

the March 16, 2009 Federal Register 

notice (74 FR 11052), and is not 

repeated here. For additional 

information regarding the proposed 

regulations and the Navy’s associated 

Environmental Impact Statement, please 

visit NMFS’ website at: http:// 

www.nmfs.noaa.gov/pr/permits/ 

incidental.htm. 

Dated: March 31, 2009. 

Tammy Adams, Ph.D., 

Acting Chief, Division of Permits, 

Conservation, and Education, Office of 

Protected Resources, National Marine 

Fisheries Service. 

[FR Doc. E9–7703 Filed 4–3–09; 8:45 am] 

BILLING CODE 3510–22–S 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 679 

[Docket No. 0811201490–9322–02] 

RIN 0648–AX42 

Fisheries of the Exclusive Economic 

Zone Off Alaska; Central Gulf of Alaska 

Rockfish Program; Amendment 85 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Proposed rule; request for 

comments. 

SUMMARY: NMFS proposes regulations to 

implement Amendment 85 to the 

Fishery Management Plan for 

Groundfish of the Gulf of Alaska. The 

proposed regulations would amend the 

Central Gulf of Alaska Rockfish Program 

to remove a restriction that prohibits 

certain catcher/processors from 

participation in directed groundfish 

fisheries in the Bering Sea and Aleutian 

Islands Management Area in July. This 

action is necessary to improve flexibility 

and reduce operating costs for catcher/ 

processors that participate in the Central 

Gulf of Alaska Rockfish Program. This 

action is intended to promote the goals 

and objectives of the Magnuson–Stevens 

Fishery Conservation and Management 

Act, the Fishery Management Plan for 

Groundfish of the Gulf of Alaska, and 

other applicable law. 

DATES: Comments must be received no 

later than May 21, 2009. 

ADDRESSES: Send comments to Sue 

Salveson, Assistant Regional 

Administrator, Sustainable Fisheries 

Division, Alaska Region, NMFS, Attn: 

Ellen Sebastian. You may submit 

comments, identified by ‘‘RIN 0648– 

AX42,’’ by any one of the following 

methods: 

• Electronic Submissions: Submit all 

electronic public comments via the 

Federal eRulemaking Portal website at 

http://www.regulations.gov. 

• Mail: P. O. Box 21668, Juneau, AK 

99802. 

• Fax: 907–586–7557. 

• Hand delivery to the Federal 

Building: 709 West 9th Street, Room 

420A, Juneau, AK. 

All comments received are a part of 

the public record and will generally be 

posted to http://www.regulations.gov 

without change. All personal identifying 

information (e.g., name, address) 

voluntarily submitted by the commenter 

may be publicly accessible. Do not 

submit confidential business 

information or otherwise sensitive or 

protected information. 

NMFS will accept anonymous 

comments (enter N/A in the required 

fields if you wish to remain 

anonymous). Attachments to electronic 

comments will be accepted in Microsoft 

Word, Excel, WordPerfect, or Adobe 

portable document file (pdf) formats 

only. 

Copies of Amendment 85 to the 

Fishery Management Plan for 

Groundfish of the Gulf of Alaska, the 

Regulatory Impact Review (RIR), the 

Initial Regulatory Flexibility Analysis 

(IRFA), the categorical exclusion 

prepared for this action, and the 

Environmental Assessment (EA), RIR, 

and Final Regulatory Flexibility 

Analysis (FRFA) prepared for the 

Central Gulf of Alaska Rockfish Program 

are available from the NMFS Alaska 

Region at the address above or from the 

Alaska Region website at http:// 

www.alaskafisheries.noaa.gov. 

FOR FURTHER INFORMATION CONTACT: 

Glenn Merrill, 907–586–7228 or Rachel 

Baker, 907–586–7425. 

SUPPLEMENTARY INFORMATION: The 

groundfish fisheries in the exclusive 

economic zone of Alaska are managed 

under the Fishery Management Plan for 

Groundfish of the Gulf of Alaska (GOA 

FMP) and the Fishery Management Plan 

for Groundfish of the Bering Sea and 

Aleutian Islands Management Area 

(BSAI FMP). The North Pacific Fishery 

Management Council (Council) 

prepared both FMPs under the authority 

of the Magnuson–Stevens Fishery 

Conservation and Management Act, 16 

U.S.C. 1801 et seq. Regulations 

implementing the FMPs appear at 50 

CFR part 679. General regulations 

governing U.S. fisheries also appear at 

50 CFR part 600. 

Section 802 of the Consolidated 

Appropriations Act of 2004 (Public Law 

108—199) required that the Secretary of 

Commerce, in consultation with the 

Council, establish a program that 

recognized the historical participation 

of fishing vessels and fish processors for 

rockfish harvested in the Central GOA. 

Congress specified several aspects of the 

Central GOA Rockfish Program 

(Rockfish Program). Section 802 states 


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that the program shall (1) include the 

Central GOA rockfish species of 

northern rockfish, Pacific ocean perch, 

and pelagic shelf rockfish; (2) recognize 

historical participation of fishing vessels 

in the Central GOA rockfish fisheries 

from 1996 to 2002; (3) recognize 

historical participation of processors in 

the Central GOA rockfish fisheries from 

1996 to 2000; (4) establish catch limits 

for non–rockfish species and non–target 

rockfish species harvested with the 

Central GOA rockfish species and base 

such allocations on historical harvesting 

of these incidentally caught species; (5) 

set aside up to 5 percent of the total 

allowable catch (TAC) of the Central 

GOA rockfish fisheries for catcher 

vessels that are not eligible to 

participate in the program; and (6) have 

a two-year duration. 

The Council developed the Rockfish 

Program to meet the requirements of 

Section 802 and improve economic 

efficiency in the Central GOA rockfish 

fisheries. The Council analyzed 

alternative methods to improve 

economic efficiency in the Central GOA 

rockfish fisheries. Following extensive 

public comment, the Council adopted 

the proposed Rockfish Program on June 

6, 2005. Regulations implementing the 

Rockfish Program were published on 

November 20, 2006 (71 FR 67210), and 

are located at 50 CFR part 679. Section 

802 of the Consolidated Appropriations 

Act of 2004 authorized the Rockfish 

Program for two years, from January 1, 

2007, until December 31, 2008. The 

Magnuson–Stevens Fishery 

Conservation and Management 

Reauthorization Act of 2006, which 

became public law on January 12, 2007 

(Public Law 109–479), extended the 

Rockfish Program for another three 

years, until December 31, 2011. Fishing 

began under the Rockfish Program on 

May 1, 2007. 

The Rockfish Program is a limited 

access privilege program (LAPP) for the 

Central GOA rockfish fisheries. 

Participants receive exclusive 

harvesting privileges for a portion of the 

TAC assigned to the Central GOA 

rockfish fisheries and species caught 

incidentally in the Central GOA rockfish 

fisheries if they form cooperatives with 

other eligible participants. Before the 

Rockfish Program, harvesters competed 

in a limited access fishery for a portion 

of the Central GOA rockfish fisheries 

TACs by racing to maximize catch 

before the TAC was harvested and the 

fishery was closed. The limited access 

fishery required harvesters to hold a 

License Limitation Program (LLP) 

license to participate in the Central 

GOA rockfish fisheries, but did not 

allocate exclusive harvesting privileges. 

The rapid pace of fishing reduced the 

ability of harvesters and processors to 

improve product quality and extract 

more value from the fishery by 

producing high–value products that 

require additional processing time. 

Exclusive harvesting privileges enable a 

harvester to choose when to fish and 

therefore adjust to market conditions, 

avoid dangerous fishing conditions, and 

improve overall harvesting efficiency. 

The Rockfish Program allocates 

exclusive harvesting privileges to 

eligible participants for the primary 

species: northern rockfish; Pacific ocean 

perch; and pelagic shelf rockfish. 

Historically, the Central GOA primary 

species have been almost entirely 

harvested by trawl catcher vessels and 

trawl catcher/processors, and 

participation in the Rockfish Program is 

primarily limited to these two sectors. 

Participants in the Rockfish Program 

receive exclusive harvesting privileges 

for the primary species only if they join 

a Central GOA rockfish cooperative. The 

Rockfish Program is allocated 95 

percent of the Central GOA primary 

species TACs. The remaining 5 percent 

of the primary species TACs are 

allocated to an entry level fishery for 

participants who have not traditionally 

participated in the Central GOA rockfish 

fisheries, including participants using 

non–trawl gear. 

Secondary species are incidentally 

harvested by vessels during rockfish 

fisheries in the Central GOA. The 

secondary species managed under the 

Rockfish Program include Pacific cod, 

rougheye rockfish, shortraker rockfish, 

sablefish, and thornyhead rockfish. 

Rockfish Program participants receive 

exclusive allocations of secondary 

species only if they join a rockfish 

cooperative. 

Halibut also is caught and killed 

incidentally in the primary and 

secondary species fisheries. Halibut 

caught by trawl gear is considered 

prohibited species catch (PSC) and may 

not be retained or sold under 

regulations implementing the Northern 

Pacific Halibut Act of 1982 (73 FR 

12280, March 7, 2008), and under 

regulations implementing the GOA FMP 

at 50 CFR 679.21. Limits on halibut PSC 

are established under authority of 50 

CFR 679.21(d), which when reached, 

close GOA rockfish fisheries, even if the 

rockfish TACs are not harvested. The 

Rockfish Program allocates participants 

a fixed amount of the halibut PSC limit 

in the primary and secondary species 

fisheries. Rockfish Program participants 

receive a portion of the total GOA 

halibut PSC limit based on historical 

halibut mortality rates in the primary 

species fisheries. Only participants that 

join a rockfish cooperative receive an 

exclusive allocation of the halibut PSC 

limit. Additional information on 

primary and secondary species 

allocations and halibut PSC limits is in 

the proposed rule for the Rockfish 

Program (71 FR 33040, June 7, 2006) 

and in the EA/RIR prepared for the 

Rockfish Program (see ADDRESSES). 

A person is eligible to participate in 

the Rockfish Program and receive 

exclusive harvesting privileges if that 

person holds an LLP license that has 

been associated with one or more 

vessels that made legal landings of 

Central GOA primary species during the 

rockfish fishing seasons from 1996 to 

2002, and the landings were attributed 

to that LLP license. When the Rockfish 

Program was implemented, eligible LLP 

license holders who applied to NMFS 

received quota share (QS), which is the 

multi-year privilege to receive exclusive 

harvesting privileges under the Rockfish 

Program. NMFS calculated how much 

QS would be allocated to an LLP license 

based on the catch history of the 

associated vessels and modified LLP 

licenses to designate the calculated 

amount of QS on the license. 

Eligible harvesters must elect whether 

to participate in the Rockfish Program 

by March 1 each year. To participate, a 

rockfish harvester who received a QS 

allocation assigned to a specific LLP 

license must assign all QS associated 

with that LLP license to (1) a 

cooperative fishery, in which the 

harvester receives exclusive harvest 

privileges, or (2) a limited access 

fishery, in which eligible harvesters 

compete for a share of Central GOA 

rockfish TACs. Eligible harvesters in the 

catcher/processor sector may elect not 

to participate, or ‘‘opt out’’, of the 

Rockfish Program and most of its 

requirements. Harvesters with QS in the 

catcher vessel sector may not opt out of 

the Rockfish Program. Eligible 

harvesters can modify their fishery 

participation selection prior to each 

fishing year, but once an LLP license 

and its associated QS is assigned for the 

year, the rockfish harvester cannot 

reassign the LLP license or QS to a 

different fishery during that year. 

Rockfish cooperatives submit an 

application to NMFS and receive a 

cooperative quota (CQ) permit, which 

specifies how much CQ the cooperative 

may harvest. CQ is an exclusive annual 

catch limit of primary species, 

secondary species, and halibut PSC that 

can be harvested by members of the 

rockfish cooperative. The CQ amount is 

based on the sum of the QS of all 

harvesters who have assigned their QS 

to the cooperative. Cooperatives may be 

formed only by eligible harvesters 


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15422 Federal Register / Vol. 74, No. 64 / Monday, April 6, 2009 / Proposed Rules 

holding LLP licenses within the same 

sector, either the catcher vessel sector or 

the catcher/processor sector. 

Harvesters in the limited access 

fishery compete with other eligible 

harvesters for a portion of the primary 

species TACs assigned to the limited 

access fishery. The catcher vessel sector 

and the catcher/processor sector have 

separate limited access fisheries. The 

TAC assigned to the limited access 

fisheries for each primary species 

represents the percentage of the total QS 

allocated to the limited access fishery in 

each sector for that primary species 

fishery. Limited access fishery 

participants do not receive exclusive 

allocations of primary or secondary 

species based on the QS on the eligible 

LLP license, nor do they receive an 

exclusive halibut PSC allocation. 

If a harvester in the catcher/processor 

sector opts out of the Rockfish Program, 

the harvester is precluded from directed 

fishing for the three primary species in 

the Central GOA. 

Sideboard Limits 

The Council anticipated that rockfish 

cooperatives could potentially use fewer 

vessels to harvest the same amount of 

fish at a lower cost, resulting in greater 

net profits for rockfish cooperative 

members. Harvesters could use 

economic efficiencies created by 

cooperative participation to offset 

operational costs in other fisheries, or 

expand into new fisheries in the GOA 

and BSAI. This could economically 

disadvantage harvesters in these other 

fisheries. NMFS commonly establishes 

catch limits and other fishery 

participation restrictions, called 

sideboard limits, when implementing 

LAPPs to prevent participants who 

benefit from receiving exclusive 

harvesting privileges in the LAPP from 

shifting effort into fisheries that are not 

managed by a LAPP. The sideboard 

limits in the Rockfish Program are in 

effect only during the month of July, to 

restrict fishing by Rockfish Program 

participants during the historical timing 

of the Central GOA rockfish fisheries, 

but allow harvesters to participate in 

other fisheries in which they have 

historically fished. 

The Rockfish Program has two types 

of sideboard limits: (1) caps on the 

amount of harvest by Rockfish Program 

participants in specific areas and 

fisheries during July; and (2) directed 

fishing prohibitions in specific areas 

and fisheries in July. Sideboard limits 

apply to all LLP licenses and vessels 

that could have been used to generate 

QS, even if the holder of an LLP license 

or a vessel owner did not submit an 

application to participate in the 

Rockfish Program. 

Harvest sideboard limits cap the 

amount of primary species catch in the 

Western GOA and the West Yakutat 

District and the amount of halibut PSC 

that can be used in the Central GOA, 

Western GOA, and West Yakutat District 

groundfish fisheries for each Rockfish 

Program sector during the month of 

July. The harvest sideboard limits for 

each area and fishery are based on the 

historical catch of primary species and 

use of halibut PSC in July by vessels 

subject to the harvest sideboard limits. 

NMFS manages the primary species 

sideboard limits by tracking the total 

harvest of primary species in July in the 

Western GOA and the West Yakutat 

District by the vessels subject to the 

harvest sideboard limits. Once a sector 

sideboard limit is reached for a specific 

primary species, the directed rockfish 

fisheries are closed to the vessels within 

that sector. NMFS also tracks total use 

of halibut PSC in the Central GOA, 

Western GOA, and West Yakutat District 

in July by vessels subject to the 

sideboard limits, and closes directed 

fishing for non–primary species 

groundfish fisheries in the GOA once 

the halibut PSC sideboard limit is 

reached. A detailed description of the 

harvest sideboard limits is in the 

proposed rule published for the 

Rockfish Program (71 FR 33040, June 7, 

2006) and the EA/RIR prepared for the 

Rockfish Program (see ADDRESSES). 

The second type of sideboard limit in 

the Rockfish Program prohibits directed 

fishing in specific fisheries by vessels 

subject to the sideboard limit. This type 

of restriction is commonly called a 

‘‘stand down.’’ Regulations at 50 CFR 

679.2 define ‘‘directed fishing’’ as any 

activity that results in a vessel retaining 

an amount of a species or species group 

onboard that is greater than the 

maximum retainable amount; that is, the 

amount expected to be caught if the 

species or species group was harvested 

incidentally in another target fishery. 

Maximum retainable amounts of 

incidentally caught species are 

calculated for all groundfish species and 

species complexes in the GOA and BSAI 

and specified in the regulations at 50 

CFR 679.20. 

The Rockfish Program has three 

separate stand down restrictions for the 

catcher/processor sector, depending on 

whether the vessel owner or LLP license 

holder elects to participate in the 

cooperative fishery, the limited access 

fishery, or opt out of the Rockfish 

Program. 

Catcher/Processor Cooperative Stand 

Downs 

Vessels and LLP licenses assigned to 

a rockfish cooperative in the catcher/ 

processor sector must stand down from 

BSAI groundfish fisheries, other than 

fixed–gear sablefish and pollock, from 

July 1 to July 14. Fixed–gear sablefish 

and pollock fisheries in the BSAI are 

managed under LAPPs that restrict 

participation in the fisheries and 

allocate exclusive harvesting 

allocations. Fisheries managed under a 

LAPP are typically excluded from 

sideboard limits in other LAPPs, 

because a LAPP allocates exclusive 

harvesting privileges only to eligible 

participants, and eliminates the 

possibility that ineligible harvesters can 

increase fishery participation to the 

detriment of LAPP participants. 

Additionally, vessels and LLP 

licenses assigned to a rockfish 

cooperative in the catcher/processor 

sector must stand down from GOA 

groundfish fisheries, other than fixed– 

gear sablefish, in July. As in the BSAI, 

fixed–gear sablefish in the GOA is 

managed under a LAPP. Vessels and 

LLP licenses must stand down from 

GOA groundfish fisheries from July 1 to 

July 14 if the rockfish cooperative has 

harvested any CQ prior to July 1, or 

from July 1 until 90 percent of the 

rockfish cooperative’s primary species 

CQ has been harvested if the rockfish 

cooperative has not harvested any CQ 

prior to July 1. However, the GOA stand 

down does not apply to vessels in the 

catcher/processor sector that participate 

in cooperatives that maintain a 

monitoring plan, as required by 

Rockfish Program regulations, during all 

fishing for CQ or any directed sideboard 

fishery in the GOA. 

Catcher/Processor Limited Access Stand 

Downs 

Vessels in the catcher/processor 

sector using an LLP license with greater 

than 5 percent of the Pacific ocean 

perch QS allocated to the catcher/ 

processor sector and assigned to the 

limited access fishery are subject to a 

stand down in any BSAI groundfish 

fishery, except pollock or fixed–gear 

sablefish; and any GOA groundfish 

fishery, except fixed–gear sablefish, 

from July 1 until 90 percent of the CQ 

of Pacific ocean perch assigned to the 

catcher/processor limited access fishery 

has been harvested. The stand down 

was intended to preclude vessels with 

significant historical participation in 

GOA Pacific ocean perch fisheries from 

expanding their activities into other 

GOA and BSAI groundfish fisheries, 

specifically Aleutian Islands Pacific 


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Federal Register / Vol. 74, No. 64 / Monday, April 6, 2009 / Proposed Rules 15423 

ocean perch fisheries, during the 

historical Central GOA rockfish season. 

Catcher/Processor Opt Out Stand 

Downs 

Vessel owners and LLP license 

holders in the catcher/processor sector 

who opt out of the Rockfish Program 

must (1) stand down from all of the 

primary species fisheries in the Central 

GOA during the year; and (2) stand 

down from any GOA groundfish fishery 

in which that vessel or LLP license does 

not have prior participation, except 

fixed–gear sablefish, from July 1 to July 

14. Prior participation in a GOA 

groundfish fishery is defined as at least 

one landing in the directed GOA 

groundfish fishery during any two years 

from 1996 through 2002 during specific 

time periods in early July, as specified 

in the regulations at 50 CFR 679.82. 

Vessels in the catcher/processor sector 

that opt out of the Rockfish Program are 

not subject to a stand down in the BSAI 

in July. 

Table 1 summarizes the Rockfish 

Program directed fishing prohibitions 

for each sector. 

TABLE 1.–ROCKFISH PROGRAM DIRECTED FISHING PROHIBITIONS 

Sideboard limits for July Catcher Vessel Sector Catcher/Processor Cooperatives 

Catcher/Processor Limited Access Fishery Catcher/Processor Opt 

Out 

Prohibited fishing: 

BSAI groundfish Directed fishing prohibited from July 1 – July 31 

for Alaska plaice, 

arrowtooth flounder, flathead sole, other flatfish, 

Pacific ocean perch, rock 

sole and yellowfin sole. 

Directed fishing prohibited from July 1 – July 14 

for all BSAI groundfish 

except pollock and fixed– 

gear sablefish. 

Directed fishing prohibited from July 1 until 90% 

of the Pacific ocean 

perch assigned to the 

limited access fishery in 

the catcher/processor 

sector is harvested, for all 

BSAI groundfish except 

pollock and fixed–gear 

sablefish, and all GOA 

groundfish except fixed– 

gear sablefish. 

Applies only to catcher/ 

processors with >5% of 

the total Central GOA Pacific ocean perch QS assigned to the catcher/ 

processor sector. 

None 

GOA groundfish None Directed fishing prohibited for all GOA groundfish except fixed–gear sablefish from July 1– July 

14 if the rockfish cooperative has harvested any 

CQ prior to July 1. If the 

rockfish cooperative has 

not harvested any CQ 

prior to July 1, directed 

fishing is prohibited for all 

GOA groundfish except 

fixed–gear sablefish from 

July 1 until 90% of the 

rockfish cooperatives’ primary species CQ has 

been harvested. Prohibition does not apply if the 

cooperative maintains a 

monitoring program, as 

required under the regulations, during all fishing 

for CQ or any directed 

sideboard fishery in the 

GOA. 

July 1 – July 14, unless 

prior participation in two 

years from 1996 to 2002. 

Since Rockfish Program 

implementation, NMFS implemented 

Amendment 80 to the BSAI FMP, which 

allocated exclusive harvesting privileges 

for several BSAI directed trawl 

groundfish fisheries. Additionally, 

Amendment 85 to the BSAI FMP was 

implemented to refine sector allocations 

for Pacific cod in the BSAI. 

Implementation of Amendments 80 and 

85 to the BSAI FMP has significantly 

reduced the likelihood that catcher/ 

processors participating in the Rockfish 

Program could increase effort in BSAI 

groundfish fisheries to the disadvantage 

of other participants during the period 

in early July when the stand downs are 

in effect. 

Amendments 80 and 85 to the BSAI 

FMP 

Regulations implementing 

Amendment 80 to the BSAI FMP were 

published on September 14, 2007 (72 FR 


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52668), and are located at 50 CFR part 

679. Fishing began under Amendment 

80 on January 1, 2008. Amendment 80 

is an LAPP and allocates Aleutian 

Islands Pacific ocean perch, yellowfin 

sole, flathead sole, rock sole, and Atka 

mackerel (Amendment 80 species) to 

the sector of BSAI trawl catcher/ 

processors that predominantly harvests 

these species (Amendment 80 sector). 

Of the 15 eligible harvesters in the 

catcher/processor sector of the Rockfish 

Program, 10 also qualified for the 

Amendment 80 sector and received 

initial QS for Amendment 80 species. 

Consequently, the implementation of 

Amendment 80 affected a significant 

number of catcher/processors that also 

participate in the Rockfish Program. 

Amendment 80 allocates exclusive 

harvesting privileges for Amendment 80 

species only to participants that form 

cooperatives. A limited access fishery 

for Amendment 80 species is available 

for catcher/processors in the 

Amendment 80 sector that choose not to 

join a cooperative, and a separate 

allocation of Amendment 80 species is 

made to this limited access fishery. 

Aleutian Islands Pacific ocean perch, 

yellowfin sole, and Atka mackerel are 

also allocated separately to a BSAI trawl 

limited access fishery for non– 

Amendment 80 participants. 

Amendment 80 significantly 

increased the number of BSAI directed 

groundfish fisheries managed under 

LAPPs for which participants can 

receive exclusive harvesting privileges. 

Six directed BSAI trawl groundfish 

fisheries remain unallocated among 

sectors and are managed as limited 

access fisheries following the 

implementation of Amendment 80: 

Alaska plaice, the ‘‘other flatfish’’ 

species complex, arrowtooth flounder, 

Greenland turbot, non–fixed gear 

sablefish, and squid. Although vessels 

in the Amendment 80 sector are the 

primary participants in these fisheries, 

these species were not included in 

Amendment 80 because they are 

considered to be relatively minor, low 

value fisheries, and are not an important 

target for any sector. Furthermore, none 

of the TACs for these six species is fully 

harvested on a consistent basis, and 

expanding effort in these fisheries 

would not pose management or 

conservation concerns at this time. 

Amendment 80 allocates Amendment 

80 species and halibut and crab PSC 

that are caught incidentally in BSAI 

trawl groundfish fisheries to the 

Amendment 80 sector. The sector 

allocations of Amendment 80 species 

and halibut and crab PSC are further 

allocated to the Amendment 80 

cooperative fishery and the Amendment 

80 limited access fishery. Exclusive 

allocations of Amendment 80 species 

and halibut and crab PSC are made only 

to eligible catcher/processors that join 

cooperatives. The halibut PSC allocation 

is important for Amendment 80 

participants because it acts as a 

constraint on fully harvesting the TACs 

for all directed trawl fisheries in the 

BSAI. Prior to the implementation of 

Amendment 80, harvesters competed in 

limited access fisheries for all BSAI 

groundfish fisheries except pollock, 

fixed–gear sablefish, and the 

Community Development Quota 

multispecies fishery, and there was not 

enough halibut PSC for trawl 

participants to fully harvest the TACs 

for all of the directed groundfish 

fisheries in which they were eligible to 

participate. Participants in the 

Amendment 80 sector traditionally 

elected to reserve halibut PSC to target 

the more valuable Amendment 80 

species, which did not leave enough 

halibut PSC for NMFS to open the 

unallocated groundfish fisheries for 

directed fishing, even if their TACs were 

large enough to support a directed 

fishery. 

With the implementation of 

Amendment 80, participants in the 

Amendment 80 cooperative fishery 

gained a significant amount of flexibility 

from an exclusive allocation of halibut 

PSC since a cooperative can dedicate 

halibut PSC to the target fisheries of its 

choice. In addition to cost savings from 

vessel consolidation, cooperatives 

facilitate more efficient and less 

wasteful harvest through coordination 

of fishing activities and the ability to 

trade harvesting privileges within or 

between cooperatives. The increased 

certainty and flexibility in the use of 

halibut and crab PSC by Amendment 80 

cooperatives enabled NMFS to open 

fisheries for all unallocated BSAI 

groundfish species for directed fishing 

only to Amendment 80 cooperative 

participants in 2008. Vessels in the 

Amendment 80 limited access fishery 

and the BSAI trawl limited access 

fishery continued to compete for catches 

of BSAI groundfish species under the 

halibut PSC limit and as in previous 

years, participants in these fisheries 

elected to reserve halibut PSC for the 

more valuable Amendment 80 species. 

Regulations implementing 

Amendment 85 to the BSAI FMP were 

published on September 4, 2007 (72 FR 

50788), and are located at 50 CFR part 

679. Amendment 85 to the BSAI FMP 

was effective on January 1, 2008, and 

allocated BSAI Pacific cod, a directed 

BSAI fishery, among several sectors, 

including an allocation to the 

Amendment 80 sector. Prior to 

Amendment 85 to the BSAI FMP, the 

allocation of Pacific cod to the trawl 

catcher/processor sector was available 

to all trawl catcher/processors in the 

BSAI. Amendment 85 to the BSAI FMP 

recognized the differences between 

catcher/processors that primarily 

participate in the directed BSAI pollock 

fishery and catcher/processors that 

participate in the Amendment 80 sector 

by creating a separate allocation for 

each. Amendment 80 further divides the 

allocation of Pacific cod to the 

Amendment 80 sector between the 

Amendment 80 cooperative fishery and 

the Amendment 80 limited access 

fishery. Each Amendment 80 

cooperative receives an exclusive 

allocation based on the aggregated 

historical Pacific cod harvest by its 

member vessels. Vessels that participate 

in the Amendment 80 limited access 

fishery do not receive an exclusive 

allocation of Pacific cod and must 

compete for a share of the TAC in the 

Amendment 80 limited access fishery. 

The cooperative–level allocation of 

BSAI Pacific cod and the allocations of 

Amendment 80 species and halibut and 

crab PSC allow Amendment 80 

cooperatives to manage most of their 

key target and incidental catch species 

within a cooperative. In contrast, 

participants in the Amendment 80 

limited access fishery and the BSAI 

trawl limited access fishery must 

compete for a share of the groundfish 

TACs, subject to incidental catch and 

PSC constraints. This restricts the 

number of directed groundfish fisheries 

that are available to participants in the 

Amendment 80 limited access fishery 

and the BSAI trawl limited access 

fishery. In the first year of fishing under 

Amendment 80, participants in the 

Amendment 80 limited access and the 

BSAI trawl limited access fisheries 

concentrated effort in the Pacific cod, 

Aleutian Islands Pacific ocean perch, 

Atka mackerel, and yellowfin sole 

fisheries in the BSAI. 

The Proposed Action 

Following implementation of the 

Rockfish Program in December 2006, 

participants in the catcher/processor 

sector testified to the Council that some 

sideboard limits in the Rockfish 

Program may be too restrictive. The 

Council did not receive testimony from 

participants in the catcher vessel sector 

proposing to modify stand downs 

applicable to that sector, and the 

proposed action would not change those 

stand downs. The Council initiated an 

analysis in April 2007 to examine 

alternatives for exempting certain 

vessels in the catcher/processor sector 


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Federal Register / Vol. 74, No. 64 / Monday, April 6, 2009 / Proposed Rules 15425 

from the BSAI groundfish fishery stand 

downs in July. 

In October 2008, the Council 

recommended removing the BSAI 

groundfish fishery stand downs for all 

harvesters in the catcher/processor 

sector. The Council based its 

recommendation on information 

received through public testimony, 

review of the potential effects of 

exempting certain vessels from the 

stand downs, and a review of the effects 

of completely removing the BSAI 

groundfish fishery stand downs from 

the Rockfish Program. The Council 

determined that (1) the BSAI stand 

down requirements for catcher/ 

processors participating in the Rockfish 

Program are no longer necessary to 

protect participants in BSAI groundfish 

fisheries; and (2) several participants in 

the Rockfish Program catcher/processor 

sector would likely benefit if the BSAI 

stand downs were eliminated. 

Effects of the Proposed Action 

The proposed action would remove 

BSAI groundfish fishery stand downs in 

July that apply to certain catcher/ 

processors that also participate in the 

Rockfish Program. The proposed action 

would not affect other GOA fisheries, 

because removing the BSAI stand 

downs would not change the allocations 

to or timing of the Central GOA rockfish 

fisheries. Participants in the Rockfish 

Program catcher/processor sector are 

subject to sideboard limits in other GOA 

fisheries, and the proposed action 

would not change the existing GOA 

sideboard limits. 

The following sections describe the 

Council’s rationale for the proposed 

action to permanently remove the BSAI 

groundfish fishery stand downs in July 

for harvesters in the catcher/processor 

sector of the Rockfish Program and the 

effects of removing the BSAI stand 

downs from the Rockfish Program. 

Effects of the proposed action on 

catcher/processors participating in the 

Rockfish Program. The effects of 

removing the BSAI stand downs from 

the Rockfish Program would vary for 

individual participants in the catcher/ 

processor sector, depending on whether 

they participate in the Central GOA 

rockfish cooperative fishery, limited 

access fishery, or choose to opt out of 

the Rockfish Program. 

Fifteen vessels and LLP licenses are 

eligible to participate in the catcher/ 

processor sector in the Rockfish 

Program. Under the current regulations, 

all harvesters in the catcher/processor 

sector that elect to participate in a 

rockfish cooperative are prohibited from 

directed fishing in BSAI groundfish 

fisheries, except pollock and fixed–gear 

sablefish, for the first two weeks in July. 

A maximum of 15 harvesters would be 

subject to the BSAI stand down if all 

eligible harvesters elected to join a 

rockfish cooperative. In the first two 

years of the Rockfish Program, five 

harvesters participated in the rockfish 

cooperative fishery in the catcher/ 

processor sector and were subject to the 

BSAI stand down in July. 

In the years prior to the Rockfish 

Program implementation, the Central 

GOA rockfish fisheries opened around 

July 1. Participants in the catcher/ 

processor sector of the Central GOA 

rockfish fisheries typically moved to the 

Western GOA and West Yakutat District 

to harvest rockfish and other flatfish 

species at the conclusion of the Central 

GOA rockfish fisheries. After 

completing the Western GOA and West 

Yakutat District groundfish fisheries, 

some catcher/processor vessels moved 

to the BSAI, typically to harvest Pacific 

ocean perch in the Aleutian Islands. 

When the Rockfish Program was 

implemented, the Central GOA rockfish 

fisheries opening date shifted from July 

1 to May 1 for vessels that are members 

of a cooperative. In the first year of the 

Rockfish Program, most cooperative 

participants in the catcher/processor 

sector had completed fishing in the 

Central GOA rockfish and other GOA 

fisheries in June, but all five harvesters 

in the cooperative fishery were 

prohibited from participating in BSAI 

groundfish fisheries from July 1 to July 

14 by the stand down, and some vessels 

rested idle for approximately two 

weeks. The disruption in harvesting 

operations adversely impacted vessel 

owners subject to the BSAI stand down. 

Any stand down reduces efficiency 

because crew and fuel costs are still 

incurred while the vessel is idle. 

Consequently, the BSAI stand down 

requirement may act as a disincentive 

for harvesters in the catcher/processor 

sector to join a rockfish cooperative. 

Five out of 15 eligible harvesters (33 

percent) elected to participate in the 

cooperative fishery in the catcher/ 

processor sector in the first two years of 

the Rockfish Program, which may reflect 

the disincentive to join a rockfish 

cooperative created by the BSAI stand 

down. The Council received testimony 

from owners of catcher/processor 

vessels eligible to participate in the 

Rockfish Program that the BSAI stand 

down adversely impacted fishing 

operations and increased vessel costs in 

the first year of the Rockfish Program. 

Removing the BSAI stand down from 

the Rockfish Program would relieve 

these adverse impacts and would most 

benefit harvesters in the catcher/ 

processor sector that participate in BSAI 

groundfish fisheries and elect to 

participate in a Central GOA rockfish 

cooperative. 

Harvesters in the Rockfish Program 

catcher/processor limited access fishery 

with greater than 5 percent of the 

Central GOA Pacific ocean perch QS 

assigned to the catcher/processor sector 

are subject to a stand down in any BSAI 

groundfish fishery, except pollock or 

fixed–gear sablefish, from July 1 until 90 

percent of the Central GOA Pacific 

ocean perch assigned to the catcher/ 

processor limited access fishery has 

been harvested. Of the 15 eligible 

harvesters in the catcher/processor 

sector, 8 (53 percent) hold more than 5 

percent of the Central GOA Pacific 

ocean perch QS allocated to the catcher/ 

processor sector and would be subject to 

the BSAI stand down if they elected to 

participate in the Rockfish Program 

limited access fishery. In 2007, two 

participants in the limited access fishery 

in the catcher/processor sector were 

subject to the BSAI stand down and in 

2008, three participants were subject to 

the BSAI stand down. 

The BSAI stand down did not likely 

have a negative impact on these vessels, 

however. In 2007, the threshold to 

relieve the stand down (i.e., harvest of 

90 percent of the Central GOA Pacific 

ocean perch allocated to the catcher/ 

processor sector) was reached on July 5. 

Prior to Rockfish Program 

implementation, the Central GOA 

rockfish fisheries opened around July 1. 

The Rockfish Program did not shift the 

fishery opening dates for catcher/ 

processors participating in the limited 

access fishery, and these vessels 

currently cannot participate in the 

Central GOA rockfish fisheries before 

July 1. In the years prior to the Rockfish 

Program implementation, vessels that 

participated in the GOA rockfish and 

flatfish fisheries did not complete the 

GOA fisheries and move on to the BSAI 

groundfish fisheries before July 5. 

Therefore, the five-day stand down 

period in 2007 did not disrupt historical 

fishing patterns for these vessels. This 

suggests that removing the stand down 

may not benefit catcher/processors in 

the limited access fishery as much as 

catcher/processors in the cooperative 

fishery. Nonetheless, it is possible that 

the risk of a BSAI stand down of 

unknown length may have deterred 

some vessels from participating in the 

limited access fishery in the catcher/ 

processor sector, and more eligible 

harvesters may choose to participate in 

the Rockfish Program if the BSAI stand 

down is removed. 

Harvesters in the catcher/processor 

sector who opt out of the Rockfish 


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15426 Federal Register / Vol. 74, No. 64 / Monday, April 6, 2009 / Proposed Rules 

Program are not subject to a BSAI stand 

down and would not be affected by the 

proposed action. In 2007, six harvesters 

in the catcher/processor sector opted 

out of the Rockfish Program. Three 

catcher/processors elected to opt out of 

the Rockfish Program in 2008. 

In summary, while the BSAI stand 

downs have a minimal effect on non– 

Rockfish Program operations for 

catcher/processors that do not elect to 

join a cooperative, they may be 

important factors for harvesters in the 

catcher/processor sector when 

determining whether to participate in 

the Rockfish Program. The BSAI stand 

downs likely are a significant 

disincentive for eligible catcher/ 

processors to join a rockfish 

cooperative. Although the proposed 

action would most benefit harvesters in 

the catcher/processor sector who elect 

to participate in the Rockfish Program 

cooperative fishery, it is possible that 

more catcher/processors would choose 

to participate in the Rockfish Program if 

the BSAI stand downs were removed. 

Effects of the proposed action on 

participants in fisheries with species– 

specific allocations under Amendments 

80 and 85 to the BSAI FMP. The effects 

of removing the BSAI stand downs for 

Rockfish Program catcher/processors on 

non–Rockfish Program participants in 

BSAI groundfish fisheries would vary 

according to the fishery in which they 

participate: Amendment 80 cooperative 

fishery, Amendment 80 limited access 

fishery, or the BSAI trawl limited access 

fishery. There is a low probability that 

removing the stand downs would have 

an adverse effect on participants in any 

of these fisheries. 

The Amendment 80 species 

allocations are defined in Amendment 

80, and Rockfish Program catcher/ 

processors cannot participate in these 

fisheries unless they are eligible for the 

Amendment 80 sector. Participants in 

the Amendment 80 cooperative fishery 

receive exclusive allocations of 

Amendment 80 species, Pacific cod, and 

halibut and crab PSC. There are 24 

vessels in the Amendment 80 sector, 

and 17 vessels participated in an 

Amendment 80 cooperative in 2008. If 

this level of participation continues, the 

proposed action would not affect 

approximately 70 percent of the 

Amendment 80 sector participants, 

because Rockfish Program participants 

could not increase effort in Amendment 

80 cooperative fisheries. Additionally, 7 

of the 15 eligible harvesters (46 percent) 

in the catcher/processor sector of the 

Rockfish Program also participated in an 

Amendment 80 cooperative. Removal of 

the BSAI stand downs would benefit 

these catcher/processors by enabling 

them to coordinate fishing activities in 

the GOA and BSAI and avoid the costs 

of idling a vessel during the BSAI stand 

down period in July. 

Seven catcher/processors participated 

in the Amendment 80 limited access 

fishery in 2008. Six of these vessels are 

owned by one company, and three of 

the six catcher/processors with common 

ownership also participated in the 

Rockfish Program in 2008. As with 

participants in the Amendment 80 

cooperative fishery, removing the BSAI 

stand down would likely benefit the 

company with multiple vessels that 

participates in the Rockfish Program 

and the Amendment 80 limited access 

fishery by providing more flexibility to 

coordinate harvesting operations. The 

seventh participant in the Amendment 

80 limited access fishery did not qualify 

for the Rockfish Program and could 

potentially be disadvantaged by the 

proposed action if the six other 

Amendment 80 limited access fishery 

participants were able to increase effort 

in the Amendment 80 limited access 

fisheries in July to the detriment of the 

other participant. However, based on 

historical catch data analyzed in the RIR 

for this proposed rule (see ADDRESSES), 

the Amendment 80 catcher/processor 

that did not qualify for the Rockfish 

Program has little historical 

participation in the Amendment 80 

target fisheries at any time of the year, 

and thus has no history of dependence 

on the Amendment 80 fisheries in July 

that could be affected by removal of the 

BSAI stand down. In addition, if the 

Amendment 80 catcher/processor that 

does not participate in the Rockfish 

Program wishes to increase 

participation in the Amendment 80 

limited access fisheries, directed fishery 

openings for species in the Amendment 

80 limited access fishery occur outside 

of the early July time period in January, 

February, and September. 

Participants in the BSAI limited 

access trawl fisheries for Pacific cod, 

yellowfin sole, Atka mackerel and 

Aleutian Islands Pacific ocean perch 

could be negatively impacted by the 

removal of the stand down if the five 

catcher/processors that participate in 

the Rockfish Program, but do not qualify 

for the Amendment 80 sector, increased 

effort in these fisheries in July. This is 

unlikely, however, because the BSAI 

limited access trawl fisheries are 

allocated a relatively small portion of 

the species TACs, which reflects the 

historically low level of participation by 

non–Amendment 80 vessels. The low 

TACs in the BSAI limited access trawl 

groundfish fisheries, combined with 

halibut PSC constraints, significantly 

limit the amount of fish available for a 

directed fishery. For most species and 

areas the BSAI limited access trawl 

directed fishery either (1) remains 

closed to directed fishing because the 

TAC is not sufficient to support a 

directed fishery, or (2) opens in January 

or February, but is closed to directed 

fishing prior to July in order to prevent 

participants from exceeding the 

seasonal TAC. In 2008, only the 

yellowfin sole and Western Aleutian 

Islands Atka mackerel fishery were open 

to the BSAI limited access trawl 

participants for directed fishing in early 

July. Consequently, the Rockfish 

Program catcher/processors would be 

unlikely to increase participation in July 

in BSAI limited access trawl fisheries. 

Rockfish Program participants could 

potentially increase participation in 

these fisheries at other times during the 

year, but the BSAI stand down is 

limited to July 1 through July 14 and 

does not protect non–Rockfish Program 

participants in the BSAI limited access 

trawl fisheries from increased 

competition outside of that time period. 

Effects of the proposed action on 

participants in unallocated BSAI 

fisheries. Removal of the July BSAI 

stand down for Rockfish Program 

catcher/processors is unlikely to 

adversely affect non–Rockfish Program 

participants in unallocated BSAI 

groundfish fisheries. These fisheries 

have had limited historical participation 

owing to low market values. In practice, 

the most desirable unallocated BSAI 

groundfish fisheries will likely open for 

directed fishing only to participants in 

the Amendment 80 cooperative fishery, 

because only these participants have 

sufficient control over halibut PSC use 

to enable directed fisheries for these 

species. Rockfish Program participants 

relieved from the BSAI stand downs 

under the proposed action likely could 

not participate in fisheries for 

unallocated BSAI species unless they 

were also participants in the 

Amendment 80 cooperative fishery. 

Even if participants in the Amendment 

80 limited access fishery and the BSAI 

trawl limited access fishery were not 

constrained by halibut PSC and could 

undertake directed fishing for the 

unallocated groundfish species in July, 

the current BSAI stand protects 

participants in these limited access 

fisheries from increased effort by 

Rockfish Program participants who are 

also Amendment 80 cooperative 

participants only from July 1 to July 14. 

These Rockfish Program and 

Amendment 80 cooperative participants 

could still use the benefits of 

cooperative harvest management to 

increase participation in the unallocated 


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Federal Register / Vol. 74, No. 64 / Monday, April 6, 2009 / Proposed Rules 15427 

BSAI groundfish fisheries at other times 

during the year. 

As described in detail above and in 

the RIR/IRFA prepared for this action 

(see ADDRESSES), the proposed rule 

would permanently remove the BSAI 

stand downs that apply to Rockfish 

Program participants in the catcher/ 

processor sector in July. 

NMFS is proposing to modify the 

Rockfish Program regulations to remove 

all instances in which Central GOA 

rockfish catcher/processors are required 

to stand down from BSAI directed 

fisheries in July. These references occur 

in regulatory text at 50 CFR 679.82. 

Classification 

The Assistant Administrator for 

Fisheries, NMFS, has determined that 

this proposed rule is consistent with 

Amendment 85 to the GOA FMP, the 

Magnuson–Stevens Fishery 

Conservation and Management Act and 

other applicable laws. 

This proposed rule has been 

determined to be not significant for 

purposes of Executive Order 12866. 

An RIR was prepared for this action 

that assesses all costs and benefits of 

available regulatory alternatives. The 

RIR describes the potential size, 

distribution, and magnitude of the 

economic impacts that this action may 

be expected to have. Additionally, an 

IRFA was prepared that describes the 

impact this proposed rule would have 

on small entities. Copies of the RIR/ 

IRFA prepared for this proposed rule are 

available from NMFS (see ADDRESSES). 

The RIR/IRFA prepared for this 

proposed rule incorporates by reference 

an extensive RIR/IRFA prepared for 

Amendment 68 to the GOA FMP that 

detailed the impacts of the Rockfish 

Program on small entities. 

The IRFA for this proposed action 

describes in detail the reasons why this 

action is being proposed; describes the 

objectives and legal basis for the 

proposed rule; describes and estimates 

the number of small entities to which 

the proposed rule would apply; 

describes any projected reporting, 

recordkeeping, or other compliance 

requirements of the proposed rule; 

identifies any overlapping, duplicative, 

or conflicting Federal rules; and 

describes any significant alternatives to 

the proposed rule that accomplish the 

stated objectives of the Magnuson– 

Stevens Fishery Conservation and 

Management Act and any other 

applicable statutes, and that would 

minimize any significant adverse 

economic impact of the proposed rule 

on small entities. 

The description of the proposed 

action, its purpose, and its legal basis 

are described in the preamble and are 

not repeated here. The proposed rule 

directly regulates all catcher/processor 

vessels and LLP licenses that qualify for 

the Rockfish Program. There are a total 

of 15 catcher/processor LLP licenses 

that qualify for the Rockfish Program, 

representing the maximum number of 

entities that could be directly regulated 

under the proposed action in any given 

year. If all 15 catcher/processors chose 

to join a rockfish cooperative, the 

proposed action to remove the BSAI 

stand down would apply to all Rockfish 

Program catcher/processors. 

Under principles established by the 

U.S. Small Business Administration at 

13 CFR 121.03, business concerns are 

affiliated when they have identical or 

substantially identical business or 

economic interests, or are economically 

dependent through contractual or other 

relationships. The interests of affiliated 

individuals or firms are aggregated 

when measuring whether the entity is a 

small business under the Regulatory 

Flexibility Act. If all 15 catcher/ 

processors chose to participate in 

cooperatives and were thus subject to 

the stand down under the status quo, 

they would all be considered large 

entities for the purposes of the 

Regulatory Flexibility Act. Available 

catch and earnings data suggest that 

cooperatives created under the Rockfish 

Program would likely have aggregate 

gross receipts, from all sources, 

including affiliated worldwide, in 

excess of the $4 million threshold 

specified by the Small Business 

Administration. 

If all 15 catcher/processors chose to 

participate in the limited access sector, 

8 of the 15 would be subject to the BSAI 

stand down. Of these eight catcher/ 

processors, six are also part of the 

Amendment 80 sector in the BSAI. Four 

of these vessels were part of an 

Amendment 80 cooperative in 2008, 

and would be considered affiliated by 

their membership in the cooperative. 

The other two Amendment 80 vessels 

are also affiliated because they are 

owned by the same company. The 

remaining two vessels are also affiliated 

by common ownership, and all eight 

catcher/processors would be considered 

large entities for purposes of the 

Regulatory Flexibility Act. 

Based upon available information, it 

does not appear that the proposed 

action has the potential to directly 

regulate any small entities. However, 

current empirical data on cost structure, 

affiliation, operational procedures and 

strategies in the fishing sectors subject 

to the proposed regulatory action are 

incomplete. The available information is 

insufficient to permit preparation of a 

‘‘factual basis’’ upon which to certify 

that the preferred alternative does not 

have the potential to result in 

‘‘significant economic impacts on a 

substantial number of small entities,’’ as 

defined under Regulatory Flexibility 

Act. Therefore, a formal IRFA was 

prepared and is included in this 

analytical package. 

The proposed rule would not change 

existing reporting, recordkeeping, and 

other compliance requirements. The 

analysis revealed no Federal rules that 

would conflict with, overlap, or be 

duplicated by the alternatives under 

consideration. 

All of the directly regulated entities 

would be expected to benefit from this 

action relative to the status quo 

alternative because it would relieve 

restrictions that limit their ability to 

participate in directed BSAI groundfish 

fisheries in early July. 

The Council analyzed and considered 

four alternatives for the specific 

participants and fisheries subject to the 

July BSAI stand down periods. These 

alternatives included the status quo, 

exempting Amendment 80 cooperative 

participants from the BSAI stand 

downs, exempting all Amendment 80 

sector participants from the BSAI stand 

downs, and removing the BSAI stand 

downs for all catcher/processors in the 

Rockfish Program. The RIR prepared for 

this proposed rule determined both 

Amendment 80 and non–Amendment 

80 catcher/processors participating in 

the Rockfish Program likely would be 

unable to increase effort in BSAI 

groundfish fisheries to the disadvantage 

of other participants during the short 

period in early July when the stand 

downs are in effect. Based on this 

information, the Council determined 

there was little benefit to retaining the 

July BSAI stand downs for any subset of 

the Rockfish Program catcher/processor 

sector. The Council recommended 

removing the BSAI stand downs for all 

catcher/processors in the Rockfish 

Program. Compared with the status quo, 

the proposed action recommended by 

the Council would have the greatest 

potential to reduce operating costs and 

increase flexibility for participants in 

the catcher/processor sector of the 

Rockfish Program, and would have a 

low likelihood of negatively impacting 

other participants in BSAI groundfish 

fisheries in early July. 

Collection–of–Information 

This proposed rule does not contain 

a collection–of–information requirement 

subject to review and approval by the 

Office of Management and Budget under 

the Paperwork Reduction Act. 


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15428 Federal Register / Vol. 74, No. 64 / Monday, April 6, 2009 / Proposed Rules 

List of Subjects in 50 CFR Part 679 

Alaska, Fisheries. 

Dated: March 30, 2009. 

Samuel D. Rauch III 

Deputy Assistant Administrator for 

Regulatory Programs, National Marine 

Fisheries Service. 

For the reasons set out in the 

preamble, 50 CFR part 679 is proposed 

to be amended as follows: 

PART 679—FISHERIES OF THE 

EXCLUSIVE ECONOMIC ZONE OFF 

ALASKA 

1. The authority citation for 50 CFR 

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. 

2. In § 679.82, paragraph (f)(3) is 

removed, paragraph (f)(4) is 

redesignated as paragraph (f)(3), and 

newly redesignated paragraphs 

(f)(3)(i)(A), (f)(3)(ii)(A) and paragraph 

(g)(3) are revised to read as follows: 

§ 679.82 Rockfish Program use caps and 

sideboard limits. 

* * * * * 

(f) * * * 

(3) * * * 

(i) * * * 

(A) Any vessel in the rockfish 

cooperative does not meet monitoring 

standards established under paragraph 

(f)(3)(iii) of this section; and 

* * * * * 

(ii) * * * 

(A) Any vessel in the rockfish 

cooperative does not meet monitoring 

standards established under paragraph 

(f)(3)(iii) of this section; and 

* * * * * 

(g) * * * 

(3) Prohibition from directed fishing 

in GOA groundfish fisheries. If a vessel 

named on an LLP license used in the 

rockfish limited access fishery has been 

assigned rockfish QS greater than an 

amount equal to 5 percent of the Pacific 

ocean perch rockfish QS allocated to the 

catcher/processor sector, then that 

vessel may not participate in any GOA 

groundfish fishery and adjacent waters 

open by the State of Alaska for which 

it adopts the applicable Federal fishing 

season for that species other than the 

rockfish limited access fishery and 

sablefish harvested under the IFQ 

Program. 

* * * * * 

[FR Doc. E9–7557 Filed 4–3–09; 8:45 am] 

BILLING CODE 3510–22–S 


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