[Federal Register Volume 84, Number 237 (Tuesday, December 10, 2019)]
[Proposed Rules]
[Pages 67421-67422]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-26395]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[Docket No.: 191202-0096]
RIN 0648-BJ42


Control Date for Catcher/Processors Using Pot Gear in the Bering 
Sea and Aleutian Islands Pacific Cod Fishery

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

ACTION: Advance notice of proposed rulemaking (ANPR); control date.

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SUMMARY: At the request of the North Pacific Fishery Management Council 
(Council), this notice announces a control date of December 10, 2019, 
that may be used as a reference date for a future management action to 
limit

[[Page 67422]]

future access to the Bering Sea and Aleutian Islands (BSAI) Pacific cod 
pot catcher/processor sector. This notice is intended to promote 
awareness of possible rulemaking and provide notice to the public that 
any participation in the BSAI Pacific cod pot catcher/processor sector 
after the control date may not ensure continued access to this fishery 
under a future management action. This notice is also intended to 
discourage speculative entry into this fishery while the Council 
considers whether and how access to the fishery may be further limited 
under a future management action.

DATES: December 10, 2019, shall be known as the control date for the 
BSAI Pacific cod pot catcher/processor sector fishery and may be used 
as a reference date for participation in a future management action 
that is consistent with the Council's objectives and applicable Federal 
laws.

FOR FURTHER INFORMATION CONTACT: Kurt Iverson: 907-586-7228 or 
[email protected].

SUPPLEMENTARY INFORMATION: NMFS manages the groundfish fisheries in the 
U.S. exclusive economic zone (EEZ) of the BSAI under the Fishery 
Management Plan for Groundfish of the Bering Sea and Aleutian Islands 
Management Area (FMP). The Council prepared, and NMFS approved, the FMP 
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 FMP appear at 
50 CFR parts 600 and 679.
    This advance notice of proposed rulemaking would apply to owners 
and operators of catcher/processor vessels that participate in Federal 
groundfish fisheries with pot gear in the BSAI. The BSAI is defined at 
Sec.  679.2 and shown in Figure 1 to 50 CFR part 679.
    The Council and NMFS annually establish overfishing limits and 
annual total allowable catch limits for groundfish species to 
sustainably manage the groundfish fisheries in the BSAI. To achieve 
these objectives, NMFS requires vessel operators participating in BSAI 
Pacific cod fisheries to comply with various regulatory restrictions, 
such as fishery closures and limits on participation and effort, to 
maintain catch within specified total allowable catch limits.
    The Council and NMFS have long sought to control fishing effort in 
the North Pacific Ocean to ensure that fisheries are conservatively 
managed and do not exceed established biological thresholds. One of the 
measures used by the Council and NMFS is the license limitation program 
(LLP), which limits access to the federally managed groundfish, crab, 
and scallop fisheries in the BSAI and the Gulf of Alaska. For 
groundfish, the LLP requires that persons hold and assign a license to 
each vessel that is used to fish in federally managed fisheries, with 
some limited exemptions. The preamble to the final rule implementing 
the groundfish LLP provides a more detailed explanation of the 
rationale for specific provisions in the LLP (October 1, 1998; 63 FR 
52642).
    A vessel participating in groundfish fisheries in Federal waters in 
the BSAI or GOA is required to have an LLP license with the applicable 
area, gear, and operation type endorsements, and a sufficient maximum 
length overall (MLOA) In 2019, there were a total of eight LLP licenses 
with a BS Pacific cod pot catcher/processor (C/P) endorsement. Of those 
eight LLP licenses, five LLP licenses also had an AI Pacific cod pot C/
P endorsement, three LLP licenses also had a BS Pacific cod HAL C/P 
endorsement, and three LLP licenses also had an AI Pacific cod HAL C/P 
endorsement.
    In October 2019, the Council reviewed a discussion paper and 
received public testimony from participants in the BSAI Pacific cod pot 
C/P sector. These participants indicated that a new vessel entered the 
fishery in recent years and this new entry may negatively impact the 
ability of historical fishery participants to maintain groundfish 
harvests and processing in the BSAI.
    After considering this public testimony, the Council stated its 
intent to evaluate methods for further limiting access to the BSAI 
Pacific cod pot catcher/processor sector in a future management action. 
To dampen the effect of speculative entry into this sector during this 
deliberative period, the Council announced a control date. This date 
corresponds to the date of publication of this advance notice of 
proposed rulemaking after the end of the 2019 fishing season and prior 
to the start of the 2020 fishing season.
    The control date may be used as a reference date for a future 
management action to further limit access to the BSAI Pacific cod pot 
catcher/processor sector. The Council clarified that the control date 
would not obligate the Council to use this control date in any future 
management action. Further, the control date would not obligate the 
Council to take any action or prevent the Council from selecting 
another control date. Accordingly, this notice is intended to promote 
awareness that the Council may develop a future management action to 
achieve its objectives for the BSAI Pacific cod pot catcher/processor 
sector fishery; to provide notice to the public that any current or 
future access to the Pacific cod pot catcher/processor fishery may be 
affected or restricted; and to discourage speculative participation and 
behavior in the fisheries while the Council considers whether to 
initiate a management action to further limit access to this fishery. 
Any measures the Council considers may require changes to the FMP. Such 
measures may be adopted in a future amendment to the FMP, which would 
include opportunity for further public participation and comment.
    NMFS encourages public participation in the Council's consideration 
of a management action to further limit access to BSAI Pacific cod 
fishery. Please consult the Council's website at http://www.npfmc.org/ 
for information on public participation in the Council's decision-
making process. The Council is scheduled to receive an initial review 
draft Analysis at its meeting scheduled for March 30, 2020 through 
April 7, 2020.
    This notification and control date do not impose any legal 
obligations, requirements, or expectations.

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

    Dated: December 2, 2019.
Samuel D. Rauch III,
Deputy Assistant Administrator for Regulatory Programs, National Marine 
Fisheries Service.
[FR Doc. 2019-26395 Filed 12-9-19; 8:45 am]
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