Federal Register / Vol. 74, No. 136 / Friday, July 17, 2009 / Rules and Regulations 34701 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 679 

[Docket No. 071102641–91087–04] 

RIN 0648–AR06 

Fisheries of the Exclusive Economic 

Zone Off Alaska; Revision of Single 

Geographic Location Requirement in 

the Bering Sea Subarea; Amendments 

62/62 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Final rule. 

SUMMARY: NMFS issues a final rule to 

increase the number of times per year 

that a stationary floating processor (SFP) 

that is qualified under the American 

Fisheries Act (AFA) may move within 

State of Alaska waters in the Bering Sea 

(BS) subarea to process pollock 

harvested in the BS subarea directed 

pollock fishery. This action also 

requires AFA SFPs to process all Gulf of 

Alaska (GOA) pollock and GOA Pacific 

cod where they processed these species 

in 2002. This action is necessary to 

increase operational flexibility for AFA 

SFPs that process pollock caught in the 

BS subarea directed fishery while 

continuing to limit the competitive 

advantage of AFA SFPs in the GOA 

pollock and GOA Pacific cod fisheries. 

This final rule also is notification to the 

public of the approval of Amendment 

62 to the Fishery Management Plan for 

Groundfish of the Bering Sea and 

Aleutian Islands Management Area 

(BSAI FMP) and the approval of 

Amendment 62 to the Fishery 

Management Plan for Groundfish of the 

Gulf of Alaska (GOA FMP). 

Amendments 62/62 revise the BSAI 

FMP description of the Catcher Vessel 

Operational Area and remove the 

obsolete sunset date for inshore/offshore 

sector allocations of pollock and Pacific 

cod in the GOA FMP. These actions are 

intended to promote the goals and 

objectives of the Magnuson–Stevens 

Fishery Conservation and Management 

Act, the GOA FMP, the BSAI FMP, and 

other applicable laws. 

DATES: Effective August 17, 2009. 

The uncodified fishery management 

plan amendments (Amendments 62/62) 

became effective July 1, 2009, and are 

summarized in the preamble of this 

rule. 

ADDRESSES: Electronic copies of the 

Environmental Assessment/Regulatory 

Impact Review (EA/RIR) for this action 

may be obtained from http:// 

www.regulations.gov or from the Alaska 

Region website at http:// 

www.alaskafisheries.noaa.gov. 

Written comments regarding the 

burden-hour estimates or other aspects 

of the collection–of–information 

requirements contained in this final rule 

may be submitted by mail to NMFS, 

Alaska Region, P. O. Box 21668, Juneau, 

AK 99802–1668, Attn: Ellen Sebastian, 

Records Officer; in person at NMFS, 

Alaska Region, 709 West 9th Street, 

Room 420A, Juneau, Alaska; and by e– 

mail to David_Rostker@omb.eop.gov, or 

fax to 202–395–7285. 

FOR FURTHER INFORMATION CONTACT: 

Becky Carls, 907–586–7228. 

SUPPLEMENTARY INFORMATION: NMFS 

manages the groundfish fisheries in the 

exclusive economic zone of the Bering 

Sea and Aleutian Islands Management 

Area (BSAI) and the GOA under the 

Fishery Management Plans (FMPs) for 

groundfish in the respective areas. The 

North Pacific Fishery Management 

Council (Council) prepared, and NMFS 

approved, the FMPs under the authority 

of the Magnuson–Stevens Fishery 

Conservation and Management Act 

(Magnuson–Stevens Act), 16 U.S.C. 

1801 et seq. Regulations governing U.S. 

fisheries and implementing the FMPs 

appear at 50 CFR parts 600 and 679. 

Background and Need for Action 

In June 2002, the Council adopted 

Amendments 62/62 to revise obsolete or 

inconsistent inshore/offshore language 

in the BSAI and GOA FMPs to make 

them consistent with the AFA. A 

combination of circumstances delayed 

the submission of these amendments for 

Secretarial review. Additionally, other 

amendments incorporated two of the 

four Council–approved FMP changes 

regarding inshore/offshore language. In 

April 2008, the Council reviewed 

Amendments 62/62 and affirmed its 

2002 decisions concerning the 

remaining FMP amendments. 

In conjunction with the Council’s 

consideration of Amendments 62/62, 

the Council also considered a separate 

regulatory amendment to allow AFA 

SFPs to relocate in the BSAI during a 

fishing year for purposes of processing 

pollock in the BSAI. Amendments 62/62 

do not require any regulatory text 

changes, and the FMPs do not require 

modification to authorize the regulatory 

amendment concerning AFA SFPs. 

Therefore, the changes to the regulations 

in this final rule do not implement 

Amendments 62/62. The background 

and need for both actions were 

described in detail in the preamble to 

the proposed rule to revise single 

geographic location requirements in the 

BS subarea (74 FR 17137; April 14, 

2009) and in the Notice of Availability 

(NOA) for Amendments 62/62 (74 FR 

14950; April 2, 2009). The proposed 

rule and NOA are available via the 

Internet (see ADDRESSES) and are 

summarized in separate sections below. 

No substantive changes were made to 

the proposed regulatory text in this final 

rule. One minor change to regulatory 

text is made at § 679.7(k)(3)(vii) to 

clarify that it is the same AFA SFP that 

must return to the location where that 

particular AFA SFP first processed GOA 

pollock or GOA Pacific cod in 2002 in 

order to process GOA pollock or GOA 

Pacific cod after implementation of this 

final rule. NMFS’ rationale for 

approving the regulatory provisions in 

this final rule is contained in the 

agency’s response to comments below. 

Single Geographic Location 

Single geographic location provisions 

apply to SFPs, which can be AFA or 

non–AFA qualified. An SFP, as defined 

at § 679.2, is a vessel of the United 

States operating as a processor in State 

of Alaska (State) waters that remains 

anchored or otherwise remains 

stationary in a single geographic 

location while receiving or processing 

groundfish harvested in the GOA or 

BSAI. There are two AFA SFPs that are 

semi–permanently moored in protected 

anchorages in the Aleutian Islands less 

than 45 nautical miles (nm) (83 km) 

apart, consisting of the F/V Arctic 

Enterprise which is located in Akutan 

Bay, and the F/V Northern Victor which 

is located in Beaver Inlet. 

Regulations in effect prior to this rule 

limited AFA inshore processors, 

including AFA SFPs, to a single 

geographic location during a fishing 

year when processing pollock harvested 

in the BS subarea directed pollock 

fishery. The regulations further 

specified that a single geographic 

location for an AFA SFP was the 

location within State waters that was 

within 5 nm of the position in which 

the SFP first processed pollock 

harvested in the BS subarea directed 

pollock fishery during a fishing year. 

This final rule allows any AFA SFP to 

change its location within State waters, 

from reporting week to reporting week, 

up to four times during a fishing year, 

for processing pollock harvested in the 

BS subarea directed pollock fishery. 

Originally, the single geographic 

location restriction was implemented in 

the inshore/offshore regulations to 

prevent floating processors, which have 

limited mobility and which operate in 

the inshore processing sector, from 


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34702 Federal Register / Vol. 74, No. 136 / Friday, July 17, 2009 / Rules and Regulations 

having an unfair economic advantage 

over operators of onshore processing 

plants. It was also intended to prevent 

offshore catcher/processors and 

motherships, that have greater mobility, 

from entering the inshore sector. With 

the passage of the AFA in 1998, and the 

associated cooperative agreements, 

these concerns diminished in the BSAI 

pollock target fisheries. 

The regulations further specify that no 

more than one single geographic 

location may be used during a reporting 

week, and specify that a single 

geographic location is the geographic 

position within 5 nm of the latitude and 

longitude reported in check–in and 

check–out reports that are required 

under regulations at § 679.5(h)(5)(ix)(B). 

As many as five different locations may 

be used, but the number of times that an 

AFA SFP may move to change its 

location for purposes of processing 

pollock harvested in a BS subarea 

directed pollock fishery is limited to 

four. 

In addition, AFA inshore processors 

are required to process all GOA pollock 

and GOA Pacific cod delivered to them 

in the same location at which they 

processed these species in 2002. This 

restriction is intended to reduce the 

potential for these mobile AFA SFPs to 

take advantage of increased flexibility 

for processing locations in the BS 

subarea and receive and process a larger 

share of GOA pollock or GOA Pacific 

cod compared with the status quo in 

2002, the year that Council action was 

taken. Pacific cod or pollock harvested 

in the GOA also are processed by other 

inshore processing operations. Without 

this restriction on AFA SFPs, other 

inshore processing operations would 

not be protected from the competitive 

advantage that could result from the 

increased mobility of the AFA SFPs. It 

is not the intention of this action to 

increase the operational flexibility of the 

AFA SFPs in the GOA pollock and GOA 

Pacific cod fisheries. Therefore, the AFA 

SFPs are restricted to processing GOA 

pollock and GOA Pacific cod to the 

location at which they processed these 

species in 2002. 

Amendments 62/62 

Amendment 62 to the BSAI FMP 

revises the Catcher Vessel Operational 

Area (CVOA) descriptions to make the 

FMP consistent with current regulations 

at § 679.22(a)(5). The CVOA is an area 

in which AFA catcher/processors are 

prohibited from directed fishing for 

pollock during the non–roe, or B, season 

unless they are participating in the 

Community Development Quota fishery. 

The previous FMP descriptions of the 

CVOA included outdated references to 

pollock B season dates and to the 

inshore and offshore components of the 

BSAI pollock fishery and were removed. 

The new BSAI FMP text for Section 

3.5.2.1.6 and Appendix B is as follows: 

‘‘The CVOA is defined as the area of the 

BSAI east of 167°30′ W. longitude, west 

of 163° W. longitude, south of 56° N. 

latitude, and north of the Aleutian 

Islands. AFA catcher/processors are 

prohibited from engaging in directed 

fishing for pollock in the CVOA during 

the non–roe season unless they are 

participating in the CDQ fishery.’’ 

Amendment 62 to the GOA FMP 

formally removes the December 31, 

2004, sunset date for GOA inshore/ 

offshore pollock and Pacific cod 

allocations. Housekeeping Amendments 

83/75 (70 FR 35395, June 20, 2005) 

revised the FMPs by updating harvest, 

ecosystem, and socioeconomic 

information; consolidating text; and 

organizing the information to improve 

the readability of the documents. It was 

premature to remove the sunset date at 

that time, because that was not specified 

as one of the changes made by 

Amendments 83/75. This action 

officially removes the sunset date from 

the GOA FMP. 

Recordkeeping and Reporting 

Existing regulations at § 679.5(h)(1) 

require the manager of an SFP to submit 

check–in and check–out reports prior to 

receiving or ceasing to receive or 

process groundfish. Check–in and 

check–out reports must be submitted to 

the Regional Administrator within the 

appropriate time limits when beginning 

and when ceasing processing activities. 

Under this action, no more than a single 

geographic location may be used by an 

AFA SFP in a weekly reporting period. 

To monitor this restriction, the current 

check–in report and check–out report 

table at § 679.5(h)(4) adds requirements 

for the manager of an AFA SFP to notify 

NMFS of a change in location by 

submitting a complete check–out report 

before changing location and a check–in 

report before receiving groundfish at the 

new location. The new location will be 

reported on the check–in report as 

currently required at § 679.5(h)(5)(ix)(B). 

Response to Comments 

The proposed rule was published in 

the Federal Register on April 14, 2009 

(74 FR 17137), with a 45-day comment 

period that ended on May 29, 2009. The 

NOA for Amendments 62/62 was 

published on April 2, 2009 (74 FR 

14950), with a 60-day comment period 

that ended on June 1, 2009. NMFS 

received a total of two letters on the 

proposed rule that contained two 

unique comments. A summary of these 

comments and NMFS’s responses 

follows. 

Comment 1: We support the adoption 

of Amendments 62/62. The redefinition 

of single geographic location will allow 

for greater flexibility and efficient use of 

the AFA stationary floating processors. 

Relocation of the stationary floating 

processors may be particularly useful if 

Steller sea lion regulations become more 

restrictive or pollock stocks move or 

shrink. Allowing these floating 

processors to relocate up to four times 

per year to process Bering Sea target 

pollock catch will allow for more 

efficiency by reducing delivery costs for 

catcher vessels and enhancing product 

quality with shorter delivery times. The 

amendment continues to provide 

protection for GOA groundfish 

processors by restricting the AFA 

stationary floating processors to the 

location in which they processed GOA 

pollock and Pacific cod in 2002. We 

believe the Council has taken 

appropriate action to meet the problem 

identified in the Bering Sea while still 

providing protection for Gulf of Alaska 

groundfish processors. 

Response: The Council’s rationale for 

this action was provided in detail in the 

preamble to the proposed rule. NMFS 

has determined that the action is 

reasonable and NMFS finds the 

articulated rationale supported by the 

record. The above comment lends 

further support for approval of this 

action. 

Comment 2: All quotas allocated 

should be cut in half this year and all 

quotas should continue to be cut by 10 

percent in each succeeding year. You 

should never rely on fish population 

numbers from the commercial 

fishermen. 

Response: Cutting catch quotas is 

beyond the scope of this action. NMFS 

conservatively manages the Alaska 

groundfish fisheries based on the best 

scientific information available. To 

ensure conservation of the resource, the 

status of the stocks is reviewed by 

NMFS and the Council each year 

through a public scientific review 

process before total allowable catch 

limits for each target species are 

allocated. Catch information from 

scientific surveys of the groundfish 

stocks and from the commercial fishing 

industry are important parts of this 

process. This action does not entail 

allocation of the fishery resource among 

fishermen. 

Classification 

The Acting Administrator, Alaska 

Region, NMFS, determined that the 

FMP amendments and final rule are 

necessary for the conservation and 


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Federal Register / Vol. 74, No. 136 / Friday, July 17, 2009 / Rules and Regulations 34703 

management of the GOA and BS subarea 

pollock fisheries and the GOA Pacific 

cod fishery, and that they are consistent 

with the Magnuson–Stevens Act and 

other applicable laws. This final rule 

has been determined to be not 

significant for purposes of Executive 

Order 12866. 

The Chief Council for Regulation of 

the Department of Commerce certified 

to the Chief Council for Advocacy of the 

Small Business Administration during 

the proposed rule stage that this action 

would not have a significant economic 

impact on a substantial number of small 

entities. The factual basis for the 

certification was published in the 

proposed rule and is not repeated here. 

No comments were received regarding 

this certification. As a result, a 

regulatory flexibility analysis was not 

required and none was prepared. 

This rule contains collection–of– 

information requirements subject to the 

Paperwork Reduction Act (PRA) and 

which have been approved by OMB 

under Control Number 0648–0213. 

Public reporting burden for the 

shoreside processor check–in and 

check–out reports is estimated to 

average ten minutes per response, 

including the time for reviewing 

instructions, searching existing data 

sources, gathering and maintaining the 

data needed, and completing and 

reviewing the collection of information. 

Send comments regarding these burden 

estimates or any other aspect of this data 

collection, including suggestions for 

reducing the burden, to NMFS (see 

ADDRESSES) and by e–mail to 

David_Rostker@omb.eop.gov, or fax to 

202–395–7285. 

Notwithstanding any other provision 

of the law, no person is required to 

respond to, and no person shall be 

subject to penalty for failure to comply 

with, a collection of information subject 

to the requirements of the PRA, unless 

that collection of information displays a 

currently valid OMB control number. 

List of Subjects in 50 CFR Part 679 

Alaska, Fisheries, Recordkeeping and 

reporting requirements. 

Dated: July 13, 2009. 

Samuel D. Rauch III, 

Deputy Assistant Administrator for 

Regulatory Programs, National Marine 

Fisheries Service. 

■ For the reasons set out in the 

preamble, NMFS amends 50 CFR part 

679 as follows: 

PART 679—FISHERIES OF THE 

EXCLUSIVE ECONOMIC ZONE OFF 

ALASKA 

■ 1. The authority citation for 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 § 679.4, revise paragraphs 

(l)(5)(iii) introductory text and 

(l)(5)(iii)(B) to read as follows: 

§ 679.4 Permits. 

* * * * * 

(l) * * * 

(5) * * * 

(iii) Single geographic location 

requirement. An AFA inshore processor 

permit authorizes the processing of 

pollock harvested in the BS subarea 

directed pollock fishery only in a single 

geographic location during a reporting 

week. For the purposes of this 

paragraph, single geographic location 

means: 

* * * * * 

(B) Stationary floating processors 

(SFP). A geographic position within 

State of Alaska waters of the BS subarea 

and that is within a 5 nm radius of the 

latitude and longitude reported in the 

check–in and check–out reports at 

§ 679.5(h)(5)(ix)(B). An AFA SFP cannot 

change its single geographic location 

more than four times within State of 

Alaska waters in the BS subarea to 

process pollock harvested in a BS 

subarea directed pollock fishery during 

a fishing year and cannot use more than 

one single geographic location during a 

reporting week. 

* * * * * 

■ 3. In § 679.5, add paragraph (h)(4)(x) 

to read as follows: 

§ 679.5 Recordkeeping and reporting 

(R&R). 

* * * * * 

(h) * * * 

(4) * * * 

For ... If you are a ... Submit a BEGIN message Submit a CEASE message 

* * * * * * * 

(x) Change of location AFA SFP Before receiving groundfish. Upon completion of receipt of 

groundfish from a position and before 

movement from that position. 

* * * * * 

■ 4. In § 679.7, revise paragraphs 

(a)(7)(vi) and (k)(3)(iv)(B) and add 

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

§ 679.7 Prohibitions. 

* * * * * 

(a) * * * 

(7) * * * 

(vi) Except as provided in paragraph 

(k)(3)(iv) of this section, use a stationary 

floating processor with a GOA inshore 

processing endorsement to process 

pollock or GOA Pacific cod harvested in 

a directed fishery for those species in 

more than one single geographic 

location during a fishing year. 

* * * * * 

(k) * * * 

(3) * * * 

(iv) * * * 

(B) Stationary floating processor 

(SFP). A geographic position within 

State of Alaska waters of the BS subarea 

and that is within a 5 nm radius of the 

latitude and longitude reported in the 

check–in and check–out reports at 

§ 679.5(h)(5)(ix)(B). An AFA SFP cannot 

change its single geographic location 

more than four times within State of 

Alaska waters in the BS subarea to 

process pollock harvested in a BS 

subarea directed pollock fishery during 

a fishing year and cannot use more than 

one single geographic location during a 

reporting week. 

* * * * * 

(vii) Restrictions for GOA Pacific cod 

and GOA pollock. Use an AFA SFP to 

process GOA pollock or GOA Pacific 

cod in any location other than the 

location at which either GOA pollock or 

GOA Pacific cod were first processed by 

that SFP in the year 2002. 

* * * * * 

[FR Doc. E9–17088 Filed 7–16–09; 8:45 am] 

BILLING CODE 3510–22–S 


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