[Federal Register Volume 75, Number 133 (Tuesday, July 13, 2010)]
[Proposed Rules]
[Pages 39892-39909]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-16936]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Parts 679 and 680
[Docket No. 070718367-7374-01]
RIN 0648-AV33
Fisheries of the Exclusive Economic Zone Off Alaska; Community
Development Quota Program
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Proposed rule; request for comments.
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SUMMARY: NMFS proposes to amend regulations that govern fisheries
managed under the Western Alaska Community Development Quota (CDQ)
Program. These revisions are needed to comply with certain changes made
to the Magnuson-Stevens Fishery Conservation and Management Act
(Magnuson-Stevens Act) in 2006. Proposed changes include revising
regulations associated with recordkeeping, vessel licensing, catch
retention requirements, and fisheries observer requirements to ensure
that they are no more restrictive than the regulations in effect for
comparable non-CDQ fisheries managed under individual fishing quotas or
cooperative allocations. In addition, NMFS proposes to remove CDQ
Program regulations that now are inconsistent with the Magnuson-Stevens
Act, including regulations associated with the CDQ allocation process,
transfer of groundfish CDQ and halibut prohibited species quota, and
the oversight of CDQ groups' expenditures.
DATES: Comments must be received no later than August 12, 2010.
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-
AV33, by any one of the following methods:
Electronic Submissions: Submit all electronic public
comments via the Federal eRulemaking Portal Web site at
http:[sol][sol]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. No comments
will be posted to http:[sol][sol]www.regulations.gov for public viewing
until after the comment period has closed. Comments will generally be
posted 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.
Written comments regarding the burden-hour estimates or other
aspects
[[Page 39893]]
of the collection-of-information requirements contained in this
proposed rule may be submitted to NMFS (see ADDRESSES), e-mailed to
[email protected], or faxed to 202-395-7285.
Copies of the Environmental Assessment (EA), Regulatory Impact
Review (RIR), and Initial Regulatory Flexibility Analysis (IRFA)
prepared for this action may be obtained from
http:[sol][sol]www.regulations.gov or from the Alaska Region Web site
at http:[sol][sol]alaskafisheries.noaa.gov.
FOR FURTHER INFORMATION CONTACT: Obren Davis, 907-586-7228.
SUPPLEMENTARY INFORMATION: NMFS manages the groundfish and crab
fisheries of the Bering Sea and Aleutian Islands management area (BSAI)
under the Fishery Management Plan for Groundfish of the Bering Sea and
Aleutian Islands Management Area (groundfish FMP) and the Fishery
Management Plan for Bering Sea/Aleutian Islands King and Tanner Crabs
(crab FMP). The North Pacific Fishery Management Council (Council)
prepared the FMPs pursuant to the Magnuson-Stevens Act (16 U.S.C. 1801,
et seq.). The International Pacific Halibut Commission and NMFS manage
fishing for Pacific halibut through regulations established under the
authority of the Northern Pacific Halibut Act of 1982. Regulations
governing the groundfish, crab, and halibut fisheries in the BSAI and
implementing the FMPs appear at 50 CFR parts 300, 600, 679, and 680.
Overview of the CDQ Program
The CDQ Program is an economic development program associated with
Federally managed fisheries in the BSAI. The purpose of the program is
to provide western Alaska communities the opportunity to participate
and invest in BSAI fisheries, to support economic development in
western Alaska, to alleviate poverty and provide economic and social
benefits for residents of western Alaska, and to achieve sustainable
and diversified local economies in western Alaska. The large-scale
commercial fisheries of the BSAI developed in the eastern Bering Sea
without significant participation from rural western Alaska
communities. These fisheries are capital-intensive and require large
investments in vessels, infrastructure, processing capacity, and
specialized gear. The CDQ Program was developed to redistribute some of
the BSAI fisheries' economic benefits to adjacent communities by
allocating a portion of commercially important BSAI species including
pollock, crab, halibut, and various groundfish, to such communities.
The percentage of each annual BSAI catch limit allocated to the CDQ
Program varies by both species and management area. Regulations
establishing the CDQ Program were first implemented in 1992. The CDQ
Program was incorporated into the Magnuson-Stevens Act in 1996 through
the Sustainable Fisheries Act (Pub. L. 104-297).
NMFS allocates a portion of the annual catch limits for a variety
of commercially valuable marine species in the Bering Sea and Aleutian
Islands area (BSAI) to the CDQ Program. These apportionments are in
turn allocated among six different non-profit managing organizations
representing different affiliations of communities (CDQ groups). There
are 65 communities participating in the program. These communities, and
their managing organizations, are identified in the Magnuson-Stevens
Act at Section 305(i)(1)(D). CDQ groups use the revenue derived from
the harvest of their fisheries allocations as a basis both for funding
economic development activities and for providing employment
opportunities. The successful harvest of CDQ Program allocations is
integral to achieving the goals of the program. The National Marine
Fisheries Service (NMFS), the State of Alaska (State), and the Western
Alaska Community Development Association administer the CDQ Program.
The fisheries management regulations governing the CDQ fisheries
are integrated into the regulations governing the concurrent fisheries
for groundfish, halibut, and crab. These are often termed the ``non-
CDQ'' fisheries. CDQ fisheries management regulations have been
developed incrementally since the creation of the CDQ Program. These
regulations were developed to ensure that catch of all species
allocated to the CDQ Program should be limited to the amount of the
allocations, with no catch from CDQ fisheries accruing against non-CDQ
allocations. They also were developed to ensure that NMFS and the CDQ
groups had timely, accurate catch information during the course of CDQ
fishing activities. Applicable CDQ fisheries regulations may subject
CDQ fishery participants to additional costs, additional catch
reporting requirements, or be designed to control some aspect of CDQ
fishing activities. This is typical of the development of regulations
that govern catch share programs in the Alaska groundfish, halibut, and
crab fisheries. Federal catch share programs convey harvesting
privileges (licenses, fishing quota, exclusive access) for specific
marine species to individuals, cooperatives, communities, or other
eligible entities. In turn, the beneficiaries of such privileges are
subject to higher levels of catch accounting, catch monitoring, and
fisheries enforcement than they may have been subject to before
receiving these privileges.
The original fishery management objectives for the groundfish,
halibut, and crab CDQ fisheries include, in general, limiting the catch
of all species to the amount allocated to the program and not allowing
catch made under the program to accrue against non-CDQ portions of
total allowable catch (TAC) limits or prohibited species catch (PSC)
limits. These objectives also included managing target and non-target
species allocations made to the CDQ groups with the same level of
strict quota accountability, and holding each CDQ group responsible not
to exceed any of its groundfish CDQ allocations.
2006 and 2007 Statutory Changes Affecting the CDQ Program
Section 305(i)(1) of the Magnuson-Stevens Act includes requirements
to establish the CDQ Program and allocate a percentage of the total
allowable catch (TAC) of each Bering Sea (BS) and Aleutian Island (AI)
directed fishery to the program. Corresponding Federal and State
regulations implement various administrative and fisheries management
aspects of the CDQ Program. The fisheries management regulations
governing the groundfish, halibut, and crab CDQ fisheries are
integrated into the regulations governing the concurrent, non-CDQ
fisheries for such species.
Section 305(i)(1) of the Magnuson-Stevens Act was amended on July
11, 2006, by the Coast Guard and Maritime Transportation Act (Coast
Guard Act) (Pub. L. 109-241). The Coast Guard Act revised all of the
existing language in section 305(i)(1) with new language. The new
requirements in section 305(i)(1) address all aspects of management and
oversight of the CDQ Program including the purpose of the CDQ Program;
allocations of groundfish, halibut, and crab to the program and among
the CDQ groups; management of the CDQ fisheries with respect to non-CDQ
fisheries; eligible communities; eligibility criteria; limits on
allowable investments; the creation of a CDQ administrative panel;
compliance with State reporting requirements; a decennial review and
allocation adjustment process; and other features of program
administration and oversight by the State and NMFS. These amendments
were intended to address a variety of oversight and management
[[Page 39894]]
issues associated with the CDQ Program, including conferring a higher
level of self-governance to CDQ groups.
On January 12, 2007, the Magnuson-Stevens Fishery Conservation and
Management Reauthorization Act of 2006 (Pub. L. 109-479) further
amended section 305(i)(1) of the Magnuson-Stevens Act specifically by
amending sections 305(i)(1)(B)(ii) and (C). The allocations of
groundfish (other than pollock and sablefish) to the CDQ Program and
among the CDQ groups were increased by this Reauthorization Act.
Furthermore, it amended restrictions associated with the transfer of
quota among the CDQ groups.
Most of the new CDQ Program requirements in the Magnuson-Stevens
Act must be implemented through revisions to Federal regulations at 50
CFR parts 679 and 680. This action proposes regulatory amendments
related to the regulation of harvest in select CDQ fisheries, as
described below. This action also proposes to modify or remove other
regulations related to the CDQ allocation and transfer process, as well
as to remove regulations associated with the oversight of expenditures
and investments by CDQ groups. These proposed regulatory amendments are
described later in the preamble to this proposed rule. Other regulatory
amendments to the CDQ Program required by the Coast Guard Act have been
or are being addressed in other, separate regulatory actions.
NMFS prepared an EA/RIR/IRFA (see ADDRESSES) as part of an
evaluation to identify which regulations in 50 CFR parts 679 and 680
would need to be changed to comply with the Magnuson-Stevens Act
requirements associated with the management of CDQ fisheries. NMFS
presented this analysis to the Council in June 2007. The Council
recommended implementation of an alternative that would amend CDQ
fisheries management regulations to align them with comparable non-CDQ
fisheries regulations.
The regulation of CDQ harvest is directly addressed in the
Magnuson-Stevens Act at section 305(i)(1)(B)(iv). This paragraph
states:
The harvest of allocations under the program for fisheries with
individual quotas or fishing cooperatives shall be regulated by the
Secretary in a manner no more restrictive than for other
participants in the applicable sector, including with respect to the
harvest of non-target species.
Accordingly, this proposed action focuses on those BSAI fisheries
with individual fishing quotas (IFQs) or those BSAI fisheries managed
with cooperatives. The BSAI fisheries that include allocations of IFQs
are the Pacific halibut, fixed gear sablefish, and crab fisheries.
Recipients of IFQ receive a specific amount of a particular IFQ species
to catch each year. The BSAI fisheries that include components managed
with cooperatives include the BS pollock fishery, as well as the
allocations of Atka mackerel, Aleutian Islands Pacific ocean perch,
yellowfin sole, rock sole, flathead sole, and Pacific cod made to the
non-American Fisheries Act (AFA) trawl catcher/processor sector
(otherwise known as the Amendment 80 sector). Cooperatives allow
multiple quota recipients to aggregate their annual quota amounts,
coordinate their collective fishing operations, and benefit from the
resulting efficiencies. Each of the BSAI fisheries managed with IFQs or
cooperatives also include allocations to the CDQ Program.
NMFS interprets the statement ``in a manner no more restrictive
than for other participants in the applicable sector'' from the
Magnuson-Stevens Act to mean that the fishery management regulations
associated with regulating the harvest of CDQ allocations should be no
more costly, complex, or burdensome than those that apply to comparable
non-CDQ sectors managed under IFQs or cooperative allocations. This
applies to most of the major BSAI fisheries, although one noteworthy
exception is the Pacific cod fishery conducted by hook-and-line
catcher/processors. Hook-and-line catcher/processors are allocated 48.7
percent of the annual BSAI Pacific cod TAC, but are not rationalized as
are most other major fishery sectors that fish for Pacific cod.
Rationalization typically refers to programs that limit access to
certain fisheries to balance the interests of competing participants,
while providing a means to address overarching management and
conservation issues. There are no IFQ or cooperative allocations
associated with any fixed gear component of the Pacific cod fishery.
Therefore, no changes are required by section 305(i)(1)(B)(iv) to
regulations governing the harvest of Pacific cod by hook-and-line
catcher/processors, although this is one of the major groundfish CDQ
fisheries.
Furthermore, NMFS interprets the phrase ``including with respect to
the harvest of non-target species'' in section 305(i)(1)(B)(iv) to
apply to species that may legally be retained and sold while directed
fishing for halibut, groundfish, or crab CDQ. In the BSAI groundfish
fisheries, any given amount of catch may be composed of target species,
some bycatch or incidental catch species, and some prohibited species.
BSAI fisheries management regulations at Sec. 679.2 define
``harvesting or to harvest'' as the catch and retention of any fish.
The Magnuson-Stevens Act does not define ``harvesting.''
Prohibited species may not be retained if caught while groundfish
fishing in the BSAI, with the exception of those prohibited species
that may be retained for donation to a food bank or are required to be
retained for proper accounting. These types of prohibited species
include salmon, as well as halibut delivered by catcher vessels using
trawl gear to shoreside processors. Crab and herring are not part of
the prohibited species donation program. Therefore, NMFS interprets the
Magnuson-Stevens Act's requirements at section 305(i)(1)(B)(iv) as not
applying to regulations governing the catch of prohibited species in
the CDQ Program.
NMFS considered the need to propose changes to the regulations that
govern the regulation of crab CDQ harvest during its assessment of
current regulations governing the CDQ fisheries. The crab CDQ fisheries
are managed under the regulations developed for the Crab
Rationalization (CR) Program, which was implemented in 2005 (70 FR
10174, March 2, 2005). The crab FMP defers many aspects of BSAI crab
management to the State, including most aspects of the regulation of
harvest of crab CDQ. The crab CDQ fishery occurs in conjunction with
the crab IFQ fishery under comparable Federal and State regulations.
NMFS has not identified any crab CDQ regulations that are more
restrictive than those in effect for the crab IFQ fishery. Therefore,
this action does not propose changes to Federal regulations governing
the crab CDQ fisheries.
Amendment 80 to the groundfish FMP (Amendment 80) allocated non-
pollock groundfish fisheries among fishing sectors, and included
provisions that allow the formation of fisheries cooperatives (72 FR
52668, September 14, 2007). NMFS already has integrated the applicable
portion of the groundfish CDQ fisheries into the catch monitoring and
enforcement requirements that were implemented for non-AFA trawl
catcher/processors in conjunction with the implementation of Amendment
80. ``Non-AFA trawl catcher/processors'' refers to a class of vessels
that did not qualify to fish for pollock under the authority of the
AFA. These are typically referred to as Amendment 80 vessels. Such
vessels typically have been involved in fisheries for species such as
Atka mackerel, Pacific ocean perch, flathead sole, Pacific cod, rock
sole, and yellowfin sole (Amendment 80 species). Therefore, this action
does not
[[Page 39895]]
propose any changes to Federal regulations governing the Amendment 80
species allocated to the CDQ Program or to groundfish CDQ fishing for
Amendment 80 species.
This proposed rule would revise regulations in 50 CFR part 679 to
be consistent with Magnuson-Stevens Act requirements for the regulation
of harvest of the CDQ fisheries, as described previously. Regulations
governing the harvest of halibut and sablefish IFQ, and the harvest of
pollock under the AFA, are different from regulations governing the
harvest of other non-CDQ groundfish. Therefore, the Magnuson-Stevens
Act now requires NMFS to manage the CDQ fisheries for halibut,
sablefish, and pollock differently than the more restrictive CDQ
regulations that currently are in effect. Thus, NMFS proposes to
separately identify CDQ fisheries and separate the fisheries management
regulations associated with the halibut, sablefish, pollock, and
groundfish CDQ fisheries. This, in turn, would allow NMFS to amend
regulations for the halibut, sablefish, and pollock CDQ fisheries to
align them with those regulations in place for the equivalent non-CDQ
fisheries.
Proposed Regulatory Amendments To Implement Regulation of Harvest
Requirements
The following is an overview of the proposed revisions to CDQ
fisheries management regulations. Detailed explanations of, and
rationales for, these proposed regulatory amendments are provided in
following sections.
1. Add definitions of ``sablefish CDQ fishing'' and ``pollock CDQ
fishing'' to provide a basis for establishing which fishery-specific
regulations a vessel operator must comply with when participating in a
particular CDQ fishery. The terms ``halibut CDQ fishing'' and
``groundfish CDQ fishing'' already are defined in regulation, but would
be revised under this proposed rule. These proposed revisions are
detailed in the Definitions section below.
2. Exclude sablefish CDQ from the definition of ``license
limitation groundfish,'' which would, in turn, exempt vessel operators
from the requirement to have a License Limitation Program (LLP)
groundfish license while fishing for sablefish CDQ under the CDQ
Program. This would be consistent with the exemption allowed for
vessels fishing for sablefish IFQ, which occurs under the IFQ Program.
This proposed revision is detailed in the Definitions section below.
3. Remove a requirement that CDQ groups annually submit a request
to NMFS to designate specific vessels as eligible to harvest groundfish
CDQ on their behalf, as well as remove a prohibition against harvesting
groundfish CDQ unless a vessel is designated as eligible to do so.
These proposed revisions are detailed in the Eligible Vessels section
below.
4. Revise CDQ catch monitoring and accounting requirements for the
halibut, sablefish, and pollock CDQ fisheries to incorporate other
applicable changes proposed by this action. This includes eliminating
requirements that groundfish bycatch be retained for full catch
accounting of all species caught by catcher vessels targeting halibut,
sablefish, or pollock CDQ. These proposed revisions are detailed in the
Catch Accounting and Monitoring section below.
5. Revise regulations to align observer coverage requirements for
the sablefish CDQ, halibut CDQ, and pollock CDQ fisheries with
comparable non-CDQ fisheries. These proposed revisions are detailed in
the Observer Coverage Requirements section below.
In addition, there is a remove/add table at the end of the
regulatory text portion of this proposed rule that portrays minor
changes to wording or changes to cross-references. NMFS chose to
propose some types of changes in the remove/add table because it is an
efficient way to illustrate repetitive or simple changes. For example,
the proposal to change the term ``CDQ group number'' to ``CDQ number''
affects multiple paragraphs of 50 CFR part 679.5, since this term is
found in numerous locations in this section. The remove/add table
clearly identifies the section and paragraph that is affected by each
proposed change. The preamble refers the reader to the remove/add table
whenever a proposed regulatory change is found there. All other
regulatory changes are set forth in the proposed regulatory text
following this preamble.
Revisions described below were specifically recommended by the
Council in 2007 and are proposed under section 303(c) of the Magnuson-
Stevens Act.
Definitions
This proposed rule would add or revise a number of definitions in
Sec. 679.2 associated with the CDQ Program. These proposed changes are
based upon the Magnuson-Stevens Act requirement that CDQ harvests must
be managed no more restrictively than BSAI fisheries managed with
individual quotas or fishing cooperatives. Adding or refining
definitions for different types of CDQ fishing would help distinguish
which regulations apply to a given CDQ fishing activity, and support
the Council's recommendations for this action. Subsequent sections of
the preamble discuss proposed changes to (1) eligible vessel
requirements, (2) catch monitoring and accounting, and (3) observer
coverage requirements, as well as explain the rationale for these
proposed changes to definitions.
Definitions of pollock CDQ fishing and sablefish CDQ fishing would
be added to Sec. 679.2. This would enable NMFS and vessel operators in
applicable fisheries to distinguish which particular CDQ fishery a
vessel is participating in and the corresponding CDQ-specific
regulations with which a vessel operator must comply. Groundfish CDQ
fishing currently is defined. Pollock and sablefish are encompassed
within the existing definition of groundfish CDQ fishing, along with
numerous other groundfish species. This proposed rule would separate
sablefish CDQ and pollock CDQ from the definition of groundfish CDQ
fishing. This rule also proposes to apply different catch accounting
and observer requirements to the sablefish, pollock, and groundfish CDQ
fisheries; the new definitions proposed here primarily are to support
such changes.
The proposed definition of ``pollock CDQ fishing'' would be modeled
on a definition in Sec. 679.2 used to define ``AI directed pollock
fishery,'' which links a particular fishing activity to a distinct
program allocation. This action proposes to define pollock CDQ fishing
in a similar manner. Thus, a vessel would be considered directed
fishing for pollock CDQ if it reported that its pollock catch accrued
towards a pollock CDQ allocation. In addition, a new prohibition would
be added at Sec. 679.7(d) to prohibit a vessel operator from retaining
more than the maximum retainable amount of pollock unless the vessel
operator was pollock CDQ fishing. This would assist in clarifying that
a vessel not otherwise eligible to target pollock (in other words, an
Amendment 80 vessel) may not catch unlimited amounts of pollock while
it is nominally targeting for other types of groundfish. The annual
Bering Sea pollock catch limit already is fully apportioned between
other industry sectors.
The definition of ``halibut CDQ fishing'' would be revised to
remove references to conditions associated with retention of
combinations of halibut CDQ, halibut IFQ, and other groundfish species.
Instead of defining whether a vessel operator is halibut CDQ fishing
based on the proportions of halibut and groundfish species retained
onboard, NMFS proposes to define halibut CDQ
[[Page 39896]]
fishing based on whether a vessel is retaining halibut CDQ and whether
it meets the definition of either sablefish CDQ or groundfish CDQ
fishing.
This proposed rule would revise the definition of ``groundfish CDQ
fishing'' to remove pollock CDQ fishing and sablefish CDQ fishing from
the definition. Those two types of fishing would each be defined
separately. Additionally, the term ``eligible vessel'' would be removed
from this definition, as CDQ eligible vessel requirements are proposed
to be removed by this action. The revised definition of groundfish CDQ
fishing primarily would apply to vessels using trawl gear fishing for
groundfish species other than pollock and to vessels using fixed gear
fishing for groundfish species other than sablefish.
This proposed rule would revise the definition of ``license
limitation groundfish'' to exclude sablefish CDQ harvested with fixed
gear. Such a revision would mean that vessels fishing for sablefish CDQ
would no longer be required to possess an LLP groundfish license when
they are directed fishing for sablefish CDQ. This is equivalent to the
exception made for vessels that are sablefish IFQ fishing. Sablefish
managed under the IFQ Program was exempted from being considered a
license limitation groundfish because this species already was managed
under a limited access program prior to the development of the LLP.
Eligible Vessels
Each CDQ group must designate which vessels may fish for the
group's groundfish CDQ or halibut CDQ by annually requesting that NMFS
assign specific vessels with CDQ eligibility status. This requirement
applies to each vessel of any length that will be groundfish CDQ
fishing, and to each vessel equal to or greater than 60 ft (18.3 m)
length overall (LOA) that will be halibut CDQ fishing. This requirement
originally was implemented to provide specific information about which
vessels would be participating in groundfish CDQ fisheries. NMFS
required CDQ groups to submit detailed operational information about
such vessels as part of the implementation of the multispecies
groundfish CDQ Program in 1998. This was intended to ensure that the
CDQ groups and their associated vessels were complying with increased
observer coverage and catch reporting requirements. The eligible vessel
designation also provided a means for the NOAA Office for Law
Enforcement and U.S. Coast Guard enforcement personnel to verify that a
vessel was authorized to participate in the CDQ fisheries.
As the groundfish CDQ fishery matured and stabilized between 1998
and 2003, the information submitted as part of the vessel eligibility
process became unnecessary for management and enforcement. The
information collected on the eligible vessels forms is available from
other sources, such as observer data or NMFS fisheries permits data. In
2005, NMFS amended regulations governing the eligible vessel
requirements to decrease the amount of information collected about each
vessel and to remove the State from the administrative review process
associated with vessel eligibility (70 FR 15010, March 24, 2005).
Currently, vessel operators are required to maintain a copy of NMFS's
eligibility approval onboard a vessel at all times while harvesting,
transporting, or offloading groundfish CDQ. Permits are required to
participate in the halibut IFQ, sablefish IFQ, and AFA pollock
fisheries, but there are no requirements equivalent to the former CDQ
eligible vessel requirements.
NMFS proposes to eliminate the CDQ eligible vessel requirements
entirely, rather than just for the primary fisheries affected by this
action. This includes the general requirement that a CDQ group must
submit a request to NMFS for approval of a vessel as eligible to fish
for CDQ allocations at Sec. 679.32(c) and the specific eligibility
information required to be submitted at Sec. 679.5(n)(2). The U.S.
Coast Guard, which is the enforcement agency most likely to board
vessels at sea to verify a vessel's fishing status, has informed NMFS
that it does not currently use information about a vessel's CDQ
eligibility status for enforcement purposes. Instead, U.S. Coast Guard
personnel use fisheries logbooks, required by NMFS, to determine if a
vessel is CDQ fishing or is fishing under another management program.
Removal of the vessel eligibility requirements would eliminate the
need for the prohibition at Sec. 679.7(d)(4). This paragraph prohibits
a vessel from harvesting groundfish CDQ on behalf of a CDQ group unless
the vessel is listed as an eligible vessel for a CDQ group. The word
``eligible'' also would be removed from the term ``eligible vessel'' in
prohibitions at Sec. 679.7(d)(6) through (10), as is denoted in the
remove/add table at the end of this proposed rule. Furthermore, Sec.
679.7(f)(3)(ii), which prohibits the retention of sablefish unless
certain permit conditions are met, would be revised to delete a cross-
reference to Sec. 679.32(c).
Catch Monitoring and Accounting
The proposed changes to CDQ catch monitoring and accounting
regulations are based on the Council's recommendation to amend such
regulations in order to comport with Magnuson-Stevens Act requirements
for the CDQ Program. This recommendation is based on NMFS's comparison
of applicable regulations governing the harvest of similar CDQ species
and non-CDQ species. This includes an assessment of whether CDQ
regulations, as compared to non-CDQ regulations, may be considered more
restrictive in the context of relevant Magnuson-Stevens Act
requirements, particularly to the degree that they either impose
additional financial costs or operational requirements on CDQ fishery
participants. Those CDQ-related regulations that were deemed more
restrictive when compared to regulations governing IFQ or cooperative
fisheries are proposed to be amended, per the Council's recommendation
for this action. Such changes are intended to remove CDQ catch
monitoring or reporting requirements beyond those in effect for non-CDQ
fisheries for halibut and sablefish IFQ, as well as pollock harvested
under the AFA. This should, in turn, decrease the operational
restrictions, reporting complexities, and costs associated with
additional observer coverage for participants in the sablefish,
halibut, and pollock CDQ fisheries.
The CDQ Program's retention and catch reporting requirements, in
conjunction with data from fisheries observers, allows NMFS to monitor
the catch of the various CDQ species and prohibited species quota (PSQ)
species categories on a timely, ongoing basis throughout the year. The
original multispecies CDQ Program catch accounting design as
implemented in 1998 stipulated that all groundfish CDQ and PSQ
harvested by vessels participating in the groundfish CDQ fisheries must
be accounted for in the allocations made to CDQ groups.
The CDQ catch accounting system was developed in the late 1990's
and designed so that none of the groundfish or PSQ catch (except
herring) made in the groundfish CDQ fisheries accrued to the non-CDQ
TACs or PSC limits. Furthermore, groundfish CDQ accounting requirements
were extended to the halibut CDQ fishery. Halibut CDQ vessels equal to
or greater than 60 ft (18.3 m) LOA are required to comply with all
groundfish CDQ and PSQ catch accounting requirements, including
retention of all groundfish CDQ by
[[Page 39897]]
catcher vessels. In contrast, bycatch or incidentally caught groundfish
in the non-CDQ fisheries managed with IFQs or cooperatives accrue
against an annual TAC limit, seasonal apportionments, and sector
allocations (if applicable) for that species and not against
allocations to the IFQ holders or cooperative. Furthermore, the
retention of non-target catch generally is not required.
Such comprehensive retention and accounting requirements are not
required in the fixed gear sablefish IFQ, halibut IFQ, AFA pollock, or
Amendment 80 cooperative fisheries. These fisheries do not have
requirements that all incidentally caught groundfish species be
retained and accounted for against allocations of these species made to
quota holders or cooperatives. One exception is that participants in
the halibut and sablefish IFQ fisheries must retain and deliver all
catch of Pacific cod and rockfish taken when IFQ halibut or IFQ
sablefish are onboard (unless the Pacific cod and rockfish fisheries
are closed to directed fishing). Another exception is that all catch of
Amendment 80 species in the Amendment 80 cooperative fisheries accrues
towards a cooperative's allocations, regardless of whether such catch
is retained or not. With respect to the IFQ fisheries requirement to
retain and deliver Pacific cod and rockfish, NMFS is not proposing to
apply these retention and reporting requirements to the halibut and
sablefish CDQ fisheries primarily because doing so would extend NMFS's
Federal groundfish permit requirements to a relatively small number of
halibut CDQ fishermen who are not currently required to retain
groundfish. These fishermen deliver their catch to small halibut
processing facilities that do not process groundfish. The Council
concurred in NMFS's recommendation on this issue.
NMFS proposes to revise CDQ catch monitoring requirements for the
fixed gear sablefish, halibut, and pollock CDQ fisheries at Sec.
679.32 and other applicable sections of 50 CFR part 679 to align
regulations with the retention and reporting requirements in place for
IFQ fisheries or fisheries managed with cooperatives. These proposed
amendments also are related to the changes in observer coverage
requirements described under the next section titled ``Observer
Coverage Requirements.'' The specific changes proposed to CDQ catch
monitoring requirements follow.
Paragraph Sec. 679.32(a) would be revised to identify the specific
fisheries that paragraph (a) applies to: The CDQ fisheries for fixed
gear sablefish, pollock, and other groundfish species. The halibut CDQ
fishery no longer would be subject to groundfish retention for purposes
of CDQ catch accounting, so this action proposes to remove the
groundfish retention and catch monitoring requirements for the halibut
CDQ fishery from Sec. 679.32. Additionally, this proposed rule would
add to paragraph (a) a cross-reference to the regulations governing
halibut CDQ catch accounting at Sec. 679.42(c).
Paragraph Sec. 679.32(b) would be revised to state that the
halibut caught by vessels that are sablefish CDQ fishing with fixed
gear may be exempted from accrual against the CDQ groups' halibut PSQ
if such an exemption is granted for vessels fishing for sablefish IFQ
during the annual groundfish harvest specifications process. This
exemption process already exists for the sablefish IFQ fishery. This
exemption is proposed for vessels sablefish CDQ fishing to comply with
section 305(i)(1)(B)(iv) of the Magnuson-Stevens Act. In addition, the
proposed rule would update cross-references in paragraph (b) associated
with prohibitions in Sec. 679.7(d) and with halibut PSC limits in
Sec. 679.21(e).
This proposed rule also would revise the catch accounting
requirements in Sec. 679.32(c) to distinguish between the different
catch monitoring requirements for vessels participating in three CDQ
fisheries categories: fixed gear sablefish, pollock, and other
groundfish. These categories would be in proposed paragraphs (c)(1),
(c)(2), and (c)(3), respectively. These revisions include (1)
describing the other general regulatory requirements with which
participants in these fisheries must comply, (2) identifying the data
sources used for CDQ catch accounting, and (3) specifying the
operational requirements in place for different vessel categories.
Existing catch monitoring requirements for the groundfish CDQ
fisheries other than fixed gear sablefish CDQ and pollock CDQ would be
retained, but reorganized in Sec. 679.32(c)(3). These proposed changes
combine elements of existing regulations at Sec. 679.32(c) through (e)
that are associated with groundfish CDQ catch monitoring and reporting
requirements, including the provision for CDQ groups and their
affiliated vessels to use an alternative fishing plan to document how
they will obtain groundfish catch data by means other than NMFS's
standard data sources. This action also proposes to move an element
associated with alternative fishing plans to revised Sec. 679.32(c)(3)
from Sec. 679.50(c)(4)(ii). The particular element is associated with
limitations on an observer's duty hours, but NMFS determined that it is
more suitable to include that particular criterion with the balance of
other, existing requirements for alternative fishing plans.
This proposed rule would add a requirement in revised Sec.
679.32(c)(3) to require that operators of Amendment 80 catcher/
processors using trawl gear to harvest groundfish CDQ comply with catch
monitoring requirements in Sec. 679.93(c). The monitoring requirements
in Sec. 679.93(c) were implemented as part of Amendment 80, as
previously described. Operators of non-AFA trawl catcher/processors
that are fishing in the BSAI must now adhere to the same catch
monitoring standards, regardless of whether they are participating in
CDQ, cooperative, or limited access fisheries.
Other proposed changes to Sec. 679.32(c) include adding references
in paragraphs (c)(2)(i)(B) through (F) to applicable observer coverage
requirements at Sec. 679.50(c)(4)(iii). In association with these
changes, NMFS proposes to remove most occurrences of the qualifier
``level 2'' from the term ``level 2 observer.'' This would make
references to observer types more general, while the proposed addition
of references to observer requirements at Sec. 679.50(c)(4)(iii) would
clarify the type of observer(s) required for each groundfish CDQ vessel
category.
Paragraph Sec. 679.32(d) would be revised to describe catch
monitoring requirements by fishery category for shoreside processors
and stationary floating processors. These changes support the primary
purpose of this proposed action by removing regulatory requirements for
the halibut, fixed gear sablefish, and pollock CDQ fisheries that are
more restrictive than regulations in place for comparable non-CDQ
fisheries. This paragraph would contain information about general
requirements and specific requirements associated with deliveries of
pollock CDQ and with deliveries of groundfish CDQ. Proposed new
paragraph Sec. 679.32(d)(1) would refer managers of seafood processors
to other sections of 50 CFR part 679 associated with non-CDQ pollock
delivery requirements. Proposed new paragraph Sec. 679.32(d)(2)
addresses the requirements for groundfish CDQ deliveries. This
paragraph would retain the existing processor requirements in Sec.
679.32(d). Furthermore, Sec. 679.32(d)(2) is proposed to be revised to
incorporate a cross-reference to observer coverage requirements at
Sec. 679.50(d)(5)(iii) and to remove three occurrences of the
qualifier ``level 2.''
This rule proposes to remove paragraph Sec. 679.32(e), except for
paragraph (e)(3), as noted below. Paragraph (e) outlines the
requirements
[[Page 39898]]
associated with groundfish CDQ recordkeeping and reporting
requirements, including the data sources that will be used to determine
CDQ and PSQ catch amounts. This paragraph also describes the data used
to complete CDQ catch reports (submitted by CDQ groups) and CDQ
delivery reports (submitted by shoreside processors taking deliveries
of groundfish CDQ). These requirements are obsolete because NMFS no
longer requires CDQ fisheries participants to submit these reports. The
requirement to submit them was removed in the final rule implementing
Amendment 80 (72 FR 52668, September 14, 2007). However, the
corresponding regulatory change to remove references to these reports
in Sec. 679.32 was inadvertently excluded in the rulemaking prepared
to implement Amendment 80.
CDQ reporting requirements have been incorporated into generally
applicable reporting requirements described in Sec. 679.5. The
information that once was collected through the CDQ delivery report and
the CDQ catch report is now available through observer data, weekly
production reports, and the Interagency Electronic Reporting System
used to monitor various Alaska commercial fisheries. Catch reporting
mechanisms for Federal fisheries in Alaska have undergone significant
changes since the original groundfish CDQ fisheries catch reporting
requirements were implemented in 1998. NMFS no longer needs separate
reports from the CDQ groups acknowledging the groundfish catch that
will accrue against their allocations. NMFS has enhanced CDQ groups'
ability to access their groundfish CDQ and PSQ balances directly from
the NMFS catch accounting system. This allows the groups to continue to
monitor the status of their CDQ account balances on a timely basis.
Paragraph (e)(3) of Sec. 679.32 is proposed to be moved to revised
Sec. 679.32(c)(3)(ii)(G) to address the use of alternative methods of
CDQ catch accounting. This would allow catcher/processors to continue
to use ``alternative fishing plans.'' In common practice, these plans
allow a catcher/processor using longline gear to carry a single
fisheries observer, rather than the two observers specified in
regulation for this vessel category. Such plans typically contain
performance standards that limit a vessel's fishing effort to the
number of sets that can be sampled by a single observer. Vessel
operators typically use alternative fishing plans to conduct CDQ
fishing operations just prior to, and at the end of, the non-CDQ
Pacific cod seasons. Once a non-CDQ cod season opens, catcher/processor
vessels using these plans may switch to non-CDQ cod fishing, which has
lower observer coverage levels than required of catcher/processors
operating in the Pacific cod CDQ fishery. Alternative fishing plans
allow vessel operators to avoid the costs associated with carrying a
second observer during non-CDQ fishing operations or returning to port
to disembark a second observer.
NMFS also is proposing to remove Sec. 679.32(f). This paragraph
describes the groundfish CDQ catch retention and monitoring
requirements that are applicable to participants in the halibut CDQ
fishery. It also includes observer coverage requirements for the
halibut CDQ fishery. The halibut IFQ fishery is not subject to
comparable requirements; thus, this proposed rule would remove these
requirements in order to ensure that the halibut CDQ fishery is not
managed more restrictively than the halibut IFQ fishery, per the
Magnuson-Stevens Act. The halibut CDQ fishery would continue to be
subject to the general halibut IFQ landing and reporting requirements
in Sec. 679.5(l).
Observer Coverage Requirements
This proposed rule would revise observer coverage requirements for
the CDQ fisheries affected by this action. Existing CDQ observer
coverage requirements were developed to support the comprehensive CDQ
catch retention and reporting requirements developed for the groundfish
CDQ fisheries (including the sablefish CDQ and pollock CDQ fisheries).
The observer coverage requirements for vessels fishing for groundfish
CDQ or vessels greater than or equal to 60 ft (18.3 m) LOA that are
halibut CDQ fishing are different than those required in comparable
non-CDQ fisheries. This action would align observer coverage
requirements for the halibut CDQ, sablefish CDQ, and pollock CDQ
fisheries by amending regulations in Sec. 679.50(c) and (d). This is
necessary to ensure that these CDQ fisheries are not subject to
additional observer coverage requirements than those that are in place
for participants in the halibut and sablefish IFQ fisheries, as well as
the non-CDQ pollock fishery. If implemented, such changes would
decrease the operational restrictions, reporting complexities, and
costs associated with additional observer coverage for participants in
the sablefish, halibut, and pollock CDQ fisheries.
Section 679.50(c)(4) would be revised to separate groundfish CDQ
observer requirements into three distinct fisheries categories
(sablefish, pollock, and groundfish). Each category would describe the
applicable observer requirements by vessel type. Observer coverage
requirements for vessels participating in the halibut CDQ fishery would
be removed.
Observer coverage requirements for vessels sablefish CDQ fishing
are proposed to be revised to match those in place for the sablefish
IFQ fishery. A proposed, new paragraph (c)(4)(i) of Sec. 679.50 would
include a cross-reference to existing sablefish IFQ coverage
requirements in Sec. 679.50(c)(1) and (2). Those requirements are
based on vessel length, gear type, the fishery category in which a
vessel is operating, and the amount of time spent fishing for sablefish
during a calendar quarter for those vessels in the 30 percent coverage
category. For calculating the days fished per quarter, vessels would
combine days fishing sablefish IFQ with days fishing sablefish CDQ.
Similarly, observer coverage requirements for the pollock CDQ
fishery would be aligned with those in effect for the AFA pollock
fishery by applying the non-CDQ pollock fishery's requirements to the
pollock CDQ fishery. Existing observer requirements for both the CDQ
and AFA pollock fisheries are almost identical, with the exception of
observer coverage levels on trawl catcher vessels. Current regulations
require 100 percent observer coverage on catcher vessels fishing for
pollock CDQ. This action would revise regulations to base CDQ observer
requirements for trawl catcher vessels on vessel length, as is required
in the AFA pollock fishery.
In April 2009, the Council adopted Amendment 91 to the groundfish
FMP to reduce Chinook salmon bycatch in the BS pollock fishery.
Amendment 91 would establish caps on the amount of Chinook salmon that
may be caught annually in the pollock fishery. If attained, directed
fishing for pollock would be closed. In addition, Amendment 91 would
allow industry participants to develop private-sector bycatch reduction
incentive plans to assist in forestalling pollock fishery closures. The
Council also recommended a suite of salmon bycatch monitoring
requirements to improve estimates of Chinook salmon bycatch in the
pollock fisheries. One element of these requirements would require all
trawl catcher vessels directed fishing for pollock to carry an
observer, regardless of vessel length. This would mean that trawl
catcher vessels fishing for AFA pollock (or CDQ pollock) would have to
carry at least one observer while directed fishing, which is the same
requirement now borne by trawl catcher
[[Page 39899]]
vessels fishing for CDQ pollock. The Secretary of Commerce approved
Amendment 91 to the groundfish FMP in May 2010. NMFS anticipates that
regulations implementing the Chinook bycatch reduction provisions of
Amendment 91 will be in effect in 2011.
This proposed rule also would eliminate observer requirements for
vessels equal to or greater than 60 ft (18.3 m) LOA that are halibut
CDQ fishing. Vessels that are halibut IFQ fishing are not required to
carry observers. Therefore, paragraph (c)(4) of Sec. 679.50 would be
revised to remove references to observer requirements for vessels that
are halibut CDQ fishing. Vessels that are greater than 60 ft (18.3 m)
LOA that participate in the halibut CDQ fishery would no longer be
required to carry an observer at any time.
NMFS is not proposing to change existing observer requirements for
the groundfish CDQ fisheries that were not affected by Magnuson-Stevens
Act requirements for the regulation of CDQ harvest. The proposed
revisions to Sec. 679.50(c)(4) would reorganize the paragraph by
fishery category, but would retain existing observer requirements for
the groundfish CDQ fisheries other than sablefish and pollock. Many of
the remaining groundfish CDQ fisheries, such as flatfish and Atka
mackerel caught with trawl gear, are now subject to the same observer
and catch monitoring requirements that are required for the non-CDQ
flatfish and Atka mackerel fisheries. This is due to the implementation
of Amendment 80, which allocated BSAI non-pollock groundfish resources
among fishing sectors and authorized the formation of harvesting
cooperatives in the non-AFA trawl catcher/processor sector. That action
applied identical monitoring and enforcement provisions to the non-CDQ
and CDQ trawl fishing activities in this sector, as described earlier
in this preamble.
In addition, this proposed rule would revise Sec. 679.50(d)(5) to
modify observer coverage requirements for shoreside processors. As with
the proposed revision to vessel observer requirements described above,
this paragraph would be separated into three fishery categories: fixed
gear sablefish CDQ, pollock CDQ, and groundfish CDQ. Observer coverage
requirements for the sablefish and pollock CDQ fisheries would be
aligned with requirements in place for comparable non-CDQ fisheries.
This proposed rule would retain the current requirement that each
shoreside processor or stationary floating processor taking deliveries
of groundfish CDQ (other than pollock, or sablefish caught with fixed
gear) have a least one observer present at all times while groundfish
CDQ is being received or processed.
NMFS also proposes to revise Sec. 679.50(c)(2)(iii) to incorporate
sablefish CDQ into this paragraph. Currently, this paragraph only
encompasses the sablefish IFQ fishery. However, sablefish IFQ and
sablefish CDQ are often fished concurrently because it is operationally
efficient for vessel operators to combine fishing for IFQ and CDQ
sablefish on a single trip. As discussed previously, this rule proposes
to include retained sablefish IFQ in the definition of sablefish CDQ.
Integrating sablefish CDQ into the description of the sablefish fishery
category in this paragraph would, for purposes of observer coverage
requirements, allow vessel operators to participate in the sablefish
IFQ and CDQ fisheries without having to meet separate observer
requirements for each fishery.
Other Revisions for Consistency With the Magnuson-Stevens Act
In addition to the fisheries management regulatory amendments
necessary to implement section 305(i)(1)(B)(iv), NMFS also proposes
revising or removing other regulations in 50 CFR part 679 that are no
longer consistent with section 305(i)(1) of the Magnuson-Stevens Act.
These inconsistencies were created as a result of the previously
described amendments to the Magnuson-Stevens Act made through the Coast
Guard Act and the Magnuson-Stevens Fishery Conservation and Management
Reauthorization Act of 2006. NMFS also proposes updating and clarifying
regulations and cross-references to support the proposed, primary
regulatory amendments made by this action.
Purpose of the CDQ Program
The statement of the purpose of the CDQ Program at Sec. 679.1(e)
would be revised to remove inconsistencies with the purpose of the CDQ
Program specified in section 305(i)(1)(A) of the Magnuson-Stevens Act.
Rather than including the statement of purpose from the Magnuson-
Stevens Act in 50 CFR part 679, the text of Sec. 679.1(e) is
generalized to be consistent with the format and content of the other
paragraphs in this section and to direct the reader to the purpose
specified in the Magnuson-Stevens Act. Additionally, the other
paragraphs of Sec. 679.1 reference those subparts of 50 CFR part 679
that contain the regulations governing a particular fishery or program.
Therefore, NMFS proposes revising Sec. 679.1(e) to read ``Regulations
in this part govern the Western Alaska CDQ Program (see subparts A, B,
C, D, and E of this part). The purpose of this program is specified in
section 305(i)(1)(A) of the Magnuson-Stevens Fishery Conservation and
Management Act.''
Community Development Plans (CDPs)
A CDP is defined at Sec. 679.2 as a business plan for the economic
and social development of a western Alaska community or group of
communities under the CDQ Program. Under Sec. 679.30, the CDP is both
an application for allocations of the CDQ and PSQ reserves and an on-
going business plan required to be amended by the CDQ groups under
certain circumstances. However, amendments to the Magnuson-Stevens Act
under the Coast Guard Act removed both the authority and the need for
the CDPs as applications for allocations among the CDQ groups and as
the primary tool for oversight of the CDQ Program by NMFS and the
State.
Section 305(i)(1)(I) of the Magnuson-Stevens Act states the
following:
(I) SECRETARIAL APPROVAL NOT REQUIRED.--Notwithstanding any
other provision of law or regulation thereunder, the approval by the
Secretary of a community development plan, or an amendment thereof,
under the program is not required.
NMFS interprets this provision as prohibiting NMFS from requiring
approval of CDPs and amendments to CDPs. In addition, CDPs are no
longer needed as periodic applications for allocations of CDQ reserves
among the CDQ groups because section 305(i)(1)(C) of the Magnuson-
Stevens Act establishes the percentage allocations of groundfish,
halibut, and crab among the CDQ groups as the percentage allocations in
effect on March 1, 2006. A portion of these percentage allocations may
be adjusted every 10 years starting in 2012 under the provisions of
section 305(i)(1)(H). Therefore, NMFS proposes to remove the following
regulations that are no longer consistent with the provisions of
sections 305(i)(1)(I) and 305(i)(1)(C): (1) regulations at Sec.
679.30(a) through Sec. 679.30(d) that require submission, review, and
approval of proposed CDPs; (2) regulations at Sec. 679.30(g) related
to monitoring of CDPs; and (3) regulations at Sec. 679.30(h) related
to suspension and termination of a CDP. Furthermore, NMFS proposes to
delete from Sec. 679.43(a) a reference associated with appealing
initial administrative decisions made under Sec. 679.30(d).
[[Page 39900]]
In addition, this proposed rule also would delete paragraph (d)(3)
of Sec. 679.7, which relates to community participation in the CDQ
Program. This prohibition refers to a term (CDP) that would no longer
be applicable to CDQ Program management. Similarly, NMFS proposes to
delete Sec. 679.7(d)(19), which is associated with complying with the
requirements of a CDP.
This rule also proposes to revise or remove several definitions in
Sec. 679.2 associated with CDPs. The definition of ``CDQ allocation''
would be revised to remove a reference to the term CDP, since that term
is proposed to be removed. The definition for ``CDQ project'' would be
removed because this term is associated with requirements for the CDP
in Sec. 679.30. Finally, the definition of ``Qualified applicant'' is
proposed to be removed because this term refers to applicants for CDQ
and PSQ allocations under an allocation process described in Sec.
679.30. This term is no longer in use and is not consistent with the
Magnuson-Stevens Act.
On August 30, 2006, NMFS notified the State and the CDQ groups that
it was suspending enforcement of regulations at 50 CFR part 679 related
to the CDPs and the CDQ allocation process because of the
inconsistencies with the Magnuson-Stevens Act. This notification and
its attachments contain more detailed information about the
requirements that are proposed to be removed from 50 CFR part 679
through this proposed rule. A copy of the letter is available at http://www.alaskafisheries.noaa.gov/cdq/default.htm or from NMFS (See
ADDRESSES).
CDQ Eligible Communities
The Magnuson-Stevens Act now specifically identifies the
communities and entities eligible for the CDQ Program. Previously,
communities were determined to be eligible based on specific criteria
contained in regulation. This proposed rule would revise the definition
of ``CDQ group'' in Sec. 679.2 to reference 16 U.S.C. 1855(i)(1)(D),
which identifies the villages and associated groups that are eligible
for the CDQ Program. Similarly, this proposed rule would revise the
definition of ``eligible community'' (for purposes of the CDQ Program)
in Sec. 679.2 to incorporate a cross-reference to 16 U.S.C.
1855(i)(1)(D) and to Table 7 of 50 CFR part 679. Table 7 also would be
revised to include the CDQ groups and communities that are listed in 16
U.S.C. 1855(i)(1)(D) as a public convenience.
NMFS notes that, although the Magnuson-Stevens Act uses the term
``entity'' or ``entities'' in association with the managing
organizations associated with specific groups of CDQ eligible
communities, NMFS does not propose to amend regulations that contain
the commonly used and accepted ``CDQ group'' or ``CDQ groups'' to
replace it with the terms ``CDQ entity'' or ``CDQ entities.'' Besides
being used in applicable Federal regulations, the term ``CDQ group''
has been commonly used since 1992 in association with general CDQ
Program administration and by the public. NMFS does not believe that
adopting the term CDQ entity or entities would enhance CDQ Program
administration or that such terminology would be readily adopted by the
public.
This proposed rule would revise the definition of ``CDQ community''
in Sec. 680.2 to reference the list of communities eligible for the
CDQ Program to incorporate a cross-reference to 16 U.S.C. 1855(i)(1)(D)
and Table 7 to 50 CFR part 679. The current definition references the
communities eligible under subpart C of 50 CFR part 679. If subpart C
of 50 CFR part 679 is revised as proposed in this action, it will no
longer include regulations about communities eligible for the CDQ
Program. The definition of ``CDQ group'' in Sec. 680.2 similarly would
be revised to reference 16 U.S.C. 1855(i)(1)(D) and Table 7 to 50 CFR
part 679. These changes correspond to the revisions proposed for
comparable definitions in Sec. 679.2.
Allocations and Transfers
The proposed rule would revise Sec. 679.31 to consolidate
regulations associated with (1) the establishment of CDQ and PSQ
reserves, (2) the allocation of CDQ and PSQ reserves among CDQ groups,
and (3) the implementation of quota transfers between CDQ groups. These
proposed changes would make the regulations that are associated with
the creation, distribution, and use of the fisheries resources
allocated to the CDQ Program more clear and functional. The changes
encompass many revisions to this section, as described in the following
paragraphs.
This proposed rule would revise both the title and the introductory
paragraph to Sec. 679.31. The title would be revised to reflect that
this section contains regulations governing CDQ and PSQ reserves,
allocations, and transfers, rather than just CDQ and PSQ reserves. The
introductory paragraph that refers to allocations to a CDQ group in
accordance with NMFS-approved CDPs and the requirement that no more
than 33 percent of each CDQ reserve be allocated to any one group with
an approved CDP would be removed because they are not consistent with
the Magnuson-Stevens Act. NMFS no longer makes CDQ allocations based on
approved CDPs. The Magnuson-Stevens Act now contains requirements
governing the percentage allocation of the CDQ reserves and any
allocation adjustments that may be made in the future.
Paragraph (a)(2) of Sec. 679.31 would be revised to remove phrases
associated with CDPs and eligible communities, since these terms are
now inconsistent with the Magnuson-Stevens Act; to remove an erroneous
cross-reference within this paragraph; and to remove a definition of
``proximate to'' that would become obsolete if the other proposed
changes in this paragraph are made.
Paragraph (b) would be added to Sec. 679.31 to add language
describing how CDQ and PSQ reserves are allocated among CDQ groups.
Paragraph (b)(1) would state that the groundfish, halibut, and crab CDQ
reserves would be allocated among the CDQ groups on the basis of the
CDQ percentage allocations specified in section 305(i)(1)(C) of the
Magnuson-Stevens Act, unless modified under section 305(i)(1)(H) of
that act. Section 305(i)(1)(H) provides for a decennial review of the
CDQ groups' performance and the possibility of an adjustment of up to
10 percent of each CDQ reserve allocated to each CDQ group. Regulations
governing the decennial review and allocation adjustment process will
be addressed in a future rulemaking. Proposed paragraph (b)(2)
describes the allocation of nontarget groundfish species among CDQ
groups by the CDQ administrative panel.
Furthermore, this proposed rule would add paragraph (b)(3) to Sec.
679.31 to describe how annual allocations of PSQ are allocated among
CDQ groups. These allocations are based on NMFS's determination about
PSQ percentage allocations that were included in an August 31, 2006,
Federal Register notice (71 FR 51804). This proposed paragraph would
subsequently require that any future change in the percentage
allocations of PSQ among the CDQ groups be done by regulatory
amendment.
The proposed rule would revise requirements related to transfers of
annual CDQ allocations at Sec. 679.30(e)(1) to be consistent with
section 305(i)(1)(C) of the Magnuson-Stevens Act. The proposed rule
also would move the remaining transfer regulations from Sec.
679.30(e)(1) to consolidate them with other regulations related to CDQ
allocations at Sec. 679.31(c).
The CDQ transfer regulations currently state that ``NMFS will not
[[Page 39901]]
approve transfers to cover overages of CDQ or PSQ.'' However, section
305(i)(1)(C) of the Magnuson-Stevens Act now requires that ``Voluntary
transfers by and among eligible entities shall be allowed, whether
before or after harvesting.'' NMFS interprets this requirement as
applying only to those species allocated to the CDQ Program under
section 305(i)(1), which are the species that support a directed
fishery in the BSAI area. Species allocated to the CDQ Program under
the Magnuson-Stevens Act do not include the prohibited species of
halibut, crab, and salmon that also are allocated as PSQ to the CDQ
Program and among the CDQ groups. The CDQ Program historically has been
annually allocated amounts of prohibited species to account for the
catch of such species in the groundfish CDQ target fisheries.
In 2005, prior to the Coast Guard Act and the revisions to the
Magnuson-Stevens Act, the Council approved an action to modify elements
of the CDQ Program. This included provisions to (1) only allocate
target groundfish species to individual CDQ groups, (2) require NMFS to
manage non-target species at the program level, rather than through
individual allocations, and (3) allow post-delivery transfers of
groundfish CDQ or halibut PSQ between CDQ groups to address in-season
harvest overages. NMFS commenced rulemaking to implement these changes,
but that effort was suspended due to the associated changes in the
Magnuson-Stevens Act.
In conjunction with the proposed change to allow post-delivery
transfers of groundfish CDQ, this proposed rule would incorporate the
Council's recommendation to allow post-delivery transfers of halibut
PSQ. This would provide CDQ groups the opportunity to work
cooperatively among themselves to address future halibut PSQ overages.
CDQ groups would still be prohibited from exceeding their annual
halibut PSQ, but this measure would allow opportunities for CDQ groups
to avoid such infractions. This parallels recent actions NMFS has taken
to implement provisions for post-delivery transfers in other major
Alaska fisheries, such as the Amendment 80 and Rockfish Program
fisheries.
NMFS also proposes to remove Sec. 679.30(e)(2), which contains
requirements for transfers of percentage allocations of CDQ and PSQ
between CDQ groups. These regulations are different from the
regulations in paragraph (e)(1) that govern the transfer of the annual
amounts of CDQ or PSQ allocated to each CDQ group. Annual quota amounts
are derived by multiplying each annual CDQ reserve and PSQ reserve by
the corresponding percentage allocation that has been established for
each CDQ group. Section 305(i)(1)(C) of the Magnuson-Stevens Act now
specifies the percentage allocations of groundfish, halibut, and crab
CDQ in effect for each CDQ group. Thus, it is not consistent with this
statutory requirement to continue to allow the CDQ groups to transfer
their permanent percentage allocations among other CDQ groups. In
addition, transfers of CDQ and PSQ percentage allocations are made
through approval of amendments to the CDPs. As described above, section
305(i)(1)(e)(I) of the Magnuson-Stevens Act no longer allows NMFS to
require approval of amendments to the CDP. Therefore, NMFS is proposing
to remove all current regulations associated with approval of the CDP
or amendments to the CDP. This would include the regulations at Sec.
679.30(e)(2) related to amendments to transfer CDQ and PSQ percentage
allocations.
Administrative Changes
AI Chinook Salmon Prohibited Species Allocation
This rule would revise regulations associated with allocating AI
Chinook salmon PSC to the CDQ Program. Specifically, it would correct
an error made when Sec. 679.21(e) was restructured and revised as part
of overlapping regulatory revisions. A final rule implementing
Amendment 85 to the groundfish FMP (72 FR 50788, September 4, 2007)
modified the allocation of the BSAI Pacific cod TAC among various
harvest sectors. That action also made a suite of associated regulatory
revisions, including a rearrangement of portions of Sec. 679.21(e) to
improve the organization of that section. Concurrently, Amendment 80
made other revisions to Sec. 679.21, including increasing the CDQ
Program allocations of crab PSC, halibut PSC, and non-Chinook salmon
PSC.
When paragraph (e) was restructured, a reference to AI Chinook
salmon was mistakenly omitted from Sec. 679.21(e)(3)(i)(A)(3)(i). That
paragraph specifies that the CDQ Program will receive 7.5 percent of
the BS Chinook salmon PSC limit set forth in paragraph (e)(1)(vi). It
should also refer to the AI Chinook salmon PSC limit at (e)(1)(viii),
as the CDQ Program receives an allocation of the BS and the AI Chinook
salmon PSC limits. Two separate Chinook salmon PSC limits were
established by an action that separated the AI pollock fishery from the
BS pollock fishery (70 FR 9856, March 1, 2005). This proposed rule
would correct the mistaken deletion of the reference to the AI Chinook
salmon PSC limit in describing the allocation of Chinook salmon PSC to
the CDQ Program.
CDQ Group Responsibilities
Paragraph (f) of Sec. 679.30, which contains a list of CDQ group
responsibilities, is proposed to be removed because these
responsibilities are specified elsewhere in regulations, are
duplicative, or are so general that they cannot effectively be
enforced. It is not necessary for NMFS to require the CDQ groups to
direct and supervise all activities of the managing organization,
maintain the ability to communicate with all vessels fishing on their
behalf, or monitor the catch of CDQ or PSQ. Regulations elsewhere in 50
CFR part 679 contain specific requirements for recordkeeping,
reporting, catch monitoring, and catch accounting that provide the
information needed to manage the groundfish and halibut CDQ fisheries.
For example, requirements to submit various reports about fishing
activities and to not exceed CDQ or PSQ allocations already are
included in Sec. Sec. 679.5 and 679.7.
Clarifications and Corrections
This proposed rule also would implement other revisions to
Sec. Sec. 679.2, 679.7, and 679.24 to clarify definitions, clarify
terms, and delete obsolete prohibitions and cross-references, as
follows:
1. In Sec. 679.2, the proposed rule would revise the definition of
``PSQ reserve'' to replace ``a percentage'' with ``the amount,'' which
would align this definition with the commonly understood definition of
this term. Additionally, cross references in this paragraph to other
sections of 50 CFR part 679 would be corrected.
2. In Sec. 679.2, the proposed rule would revise the definition of
``CDQ group number'' to remove ``group.'' NMFS proposes simply to use
the phrase ``CDQ number'' to refer to the NMFS-issued identification
numbers that are used to track each distinct CDQ group's permits,
allocations, and catch. This change would align this definition with
the term that already is used in common practice (i.e., CDQ number).
Additionally, cross references to other sections of 50 CFR part 679
would be corrected, per the remove/add table at the end of this rule.
3. In Sec. 679.7, the proposed rule would delete prohibitions at
(d)(21) and (d)(22). These prohibitions are related to reporting
requirements for the CDQ catch and delivery reports, formerly located
at Sec. 679.5(n), which were
[[Page 39902]]
removed by the final rule implementing Amendment 80. Both prohibitions
are associated with CDQ reporting requirements that CDQ groups once had
to comply with. CDQ groups no longer are required to estimate or submit
the catch information described in these two prohibitions, which
renders them functionally obsolete. Catch reports now are submitted by
vessel operators or seafood processors.
4. In Sec. 679.22, the proposed rule would revise paragraph (h) to
update a cross-reference to prohibitions in Sec. 679.7(d). This is
associated with the proposed revisions to Sec. 679.7(d), as previously
described.
5. In Sec. 679.24, the proposed rule would revise paragraph
(b)(1)(ii) to remove the clause ``except as provided in paragraph
(c)(4)(ii) of this section.'' Paragraph (c)(4) is associated with gear
restrictions in the BSAI sablefish fisheries; it was revised by a final
rule published May 19, 2008 (73 FR 28733). That action removed
paragraph (c)(4)(ii), which was associated with a longline pot gear
closure in the BS during the month of June. The proposed change to
paragraph (b)(1)(ii) would correct the inadvertent retention of the
cross-reference to a now non-existent paragraph.
6. In Sec. Sec. 679.5, 679.7, 679.21, 679.26, 679.27, 679.28,
679.50, 679.84, and 679.93, the proposed rule would replace the term
``NMFS-certified observer'' with ``observer.'' The changes are detailed
in the remove/add table at the end of the regulatory text portion of
this proposed rule. This would ensure that the term observer is used
consistently throughout 50 CFR part 679, and that the term is aligned
with the definition of observer in Sec. 679.2.
Classification
Pursuant to sections 304(b)(1)(A) and 305(d) of the Magnuson-
Stevens Act, the NMFS Assistant Administrator has determined that this
proposed rule is consistent with the BSAI groundfish FMP, other
provisions of the Magnuson-Stevens Act, and other applicable law,
subject to further consideration after public comment.
This proposed rule has been determined to be not significant for
the purposes of Executive Order 12866.
An initial regulatory flexibility analysis (IRFA) was prepared, as
required by section 603 of the Regulatory Flexibility Act (RFA). The
IRFA describes the economic impact this proposed rule, if adopted,
would have on small entities. A description of the action, why it is
being considered, and the legal basis for this action are contained at
the beginning of this section in the preamble and in the SUMMARY
section of the preamble. A summary of the analysis follows. A copy of
this analysis is available from NMFS (see ADDRESSES).
This action proposes alternatives that would amend regulations
governing the harvest of select CDQ fisheries, per requirements of the
Magnuson-Stevens Act. The Coast Guard Act of 2006 amended section
305(i)(1) of the Magnuson-Stevens Act by replacing all of the existing
language in this section with new language. This substantially altered
many components of the CDQ Program, including the oversight roles of
the Federal and State governments, CDQ allocations and the allocation
process, and fisheries management requirements. This action addresses
specific fishery management provisions of the Magnuson-Stevens Act and
proposes revisions to certain CDQ fisheries management regulations. The
Magnuson-Stevens Act requires that the harvest of CDQ allocations be
regulated no more restrictively than what is required for participants
in applicable fishing sectors managed with individual fishing quotas
(IFQ) or cooperatives.
The entities directly regulated by this action are the six CDQ
groups that participate in the halibut, sablefish, groundfish, and
pollock CDQ fisheries in the BSAI. CDQ groups are considered to be
small entities under the RFA's categorization of small, non-profit
organizations. This action is expected to reduce the costs associated
with various aspects of participating in these CDQ fisheries. These
include costs associated with different CDQ fisheries regulatory
requirements governing: (1) Fisheries observer coverage levels, (2)
catch retention and accounting, (3) vessel eligibility designation, and
(4) licensing.
All six CDQ groups annually are allocated groundfish CDQ, halibut
CDQ, and crab CDQ. These groups participate, either directly or
indirectly, in the commercial harvest of these allocations. CDQ groups
receive royalties from the successful harvest of CDQ by commercial
fishing companies, as well as access to employment and training
opportunities for their communities' residents. Royalties and income
from CDQ harvesting activities are used to fund economic development
projects in CDQ communities. In 2005, the CDQ groups received
approximately $61 million in royalties from the harvest of CDQ
allocations. Participants in the CDQ fisheries affected by this action
would no longer be subject to regulations that are more costly,
complex, or burdensome than those that apply to comparable IFQ
fisheries or fisheries managed with cooperatives. Thus, this action is
not expected to have an adverse economic impact on the small entities
affected by this action.
NMFS evaluated three alternatives associated with this action.
Alternative 1, the status quo, would maintain different fisheries
management regulations for the halibut, fixed gear sablefish, and
pollock CDQ fisheries. Each of these fisheries has a comparable IFQ or
cooperative fishery. However, due to the different policies and
objectives associated with the original development of the regulations
governing the CDQ fisheries, CDQ harvest regulations sometimes differed
from those in place for the non-CDQ fisheries associated with this
action. Maintaining existing regulations associated with the CDQ
fisheries that are more restrictive than those in place for comparable
IFQ and cooperative fisheries would not comply with the Magnuson-
Stevens Act.
Alternative 2, the preferred alternative, would revise CDQ
fisheries management regulations in 50 CFR part 679 to align them with
regulations that govern fisheries managed with IFQs and fisheries
managed with cooperatives. Proposed regulatory revisions include (1)
separating fixed gear sablefish CDQ and pollock CDQ from regulations
associated with the other groundfish CDQ fisheries, (2) exempting
participants in the sablefish CDQ fishery from having to have a license
limitation program groundfish license by excluding fixed gear sablefish
CDQ from the definition of ``license limitation species,'' (3) removing
a requirement that CDQ groups annually submit a request to NMFS to
designate specific vessels as eligible to harvest groundfish CDQ on
their behalf, (4) revising CDQ catch monitoring requirements to
incorporate changes to the basis for CDQ catch accounting, based on
adjusting CDQ observer coverage requirements for the halibut,
sablefish, and pollock CDQ fisheries, and (5) revising regulations to
align observer coverage requirements for the sablefish CDQ, halibut
CDQ, and pollock CDQ fisheries with comparable non-CDQ fisheries. On
the basis of the best available information, this preferred alternative
imposes the minimum adverse economic impact on directly regulated small
entities, while achieving the objectives of the regulatory action,
among all the alternatives available to the agency. The preferred
alternative incorporates regulatory revisions that reduce the potential
economic and operational burden on small entities.
Alternative 3 would amend regulations to fully integrate sablefish
CDQ into the sablefish IFQ fisheries
[[Page 39903]]
management system. It also would make the same general changes proposed
for Alternative 2 (described in the preceding section). Sablefish CDQ
currently is managed in conjunction with all other groundfish CDQ
fisheries. In contrast, halibut CDQ is managed in conjunction with the
halibut IFQ fisheries, and is thus subject to IFQ-related regulations.
Alternative 3 would (1) require CDQ groups to obtain sablefish CDQ
permits prior to conducting directed fishing for sablefish, (2)
incorporate sablefish CDQ into the IFQ recordkeeping and reporting
requirements and make IFQ prohibitions applicable to the sablefish CDQ
fishery, and (3) incorporate the sablefish CDQ fishery into IFQ
regulations associated with quota transfers and catch accounting.
Both Alternatives 2 and 3 would meet the requirement of the
Magnuson-Stevens Act that CDQ fisheries be managed no more
restrictively than fisheries managed with IFQs or harvesting
cooperatives by matching regulations as closely as possible for
relevant CDQ and non-CDQ fisheries. In the case of Alternative 3, the
sablefish CDQ fishery would be fully integrated into both the
regulations and the administrative structure in place for the sablefish
IFQ fishery.
Alternative 2 was selected as the preferred alternative primarily
based on the potential changes that each alternative would bring to the
fixed gear sablefish CDQ fishery. NMFS believes that Alternative 2
would result in the least disruptive change to the CDQ groups and CDQ
fisheries, while meeting the regulation of harvest requirements in the
Magnuson-Stevens Act. Alternative 2 would amend regulations for the CDQ
fisheries affected by this action to match regulations in place for
most comparable non-CDQ fisheries, but would not make as many changes
to the program as Alternative 3. Alternative 2 would not integrate the
sablefish CDQ fishery into the sablefish IFQ program. CDQ groups would
not be subject to sablefish CDQ permitting requirements and additional
IFQ-related reporting requirements, nor would NMFS have to implement
such requirements. Furthermore, retaining fixed gear sablefish CDQ
under the comprehensive groundfish CDQ accounting and management system
would make it easier for NMFS to monitor the catch and transfer of the
multiple categories of sablefish CDQ allocated to the CDQ Program and
CDQ groups.
NMFS is not aware of any additional alternatives to those
considered that would accomplish the objectives of the Magnuson-Stevens
Act and other applicable statutes that would minimize the economic
impact of the proposed rule on small entities.
NMFS also is not aware of any other Federal rules that would
duplicate, overlap, or conflict with this action.
This proposed rule contains collection-of-information requirements
subject to the Paperwork Reduction Act (PRA) and which have been
approved by OMB under control number 0648-0269. However, these approved
PRA requirements would be removed from the collection with publication
of the final rule. Public reporting burden per response is estimated
at: Four hours for each Alternative Fishing Plan; one hour for CDQ
vessel eligibility request; 520 hours for a community development plan
(CDP); 20 hours for an annual budget report; eight hours for an annual
budget reconciliation report; 40 hours for a substantial amendment to a
CDP; eight hours for a technical amendment to a CDP; two minutes for
prior notice to observers of CDQ catch aboard a vessel; and two minutes
for prior notice to observers by shoreside processors and stationary
floating processors of offloading schedule of each CDQ delivery. All
requirements except the Alternative Fishing Plan, the two minutes for
prior notice to observers of CDQ catch aboard a vessel, and the two
minutes for prior notice to observers by shoreside processors and
stationary floating processors of offloading schedule of each CDQ
delivery would be removed from the collection with publication of the
final rule.
Response times include 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 this burden estimate or any other aspect of
this collection of information, including suggestions for reducing the
burden, to NMFS (see ADDRESSES), and by e-mail to [email protected], or fax to 202-395-7285.
Notwithstanding any other provision of the law, no person is
required to respond to, nor shall any person be subject to a 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 Parts 679 and 680
Alaska, Fisheries, Recordkeeping and reporting requirements.
Dated: July 7, 2010.
Eric C. Schwaab,
Assistant Administrator for Fisheries, National Marine Fisheries
Service.
For the reasons stated in the preamble, NMFS proposes to amend 50
CFR parts 679 and 680 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.
2. In Sec. 679.1, revise paragraph (e) to read as follows:
Sec. 679.1 Purpose and scope.
* * * * *
(e) Western Alaska Community Development Quota (CDQ) Program.
Regulations in this part govern the Western Alaska CDQ Program (see
subparts A, B, C, D, and E of this part). The purpose of the program is
specified in 16 U.S.C. 1855(i)(1)(A).
* * * * *
3. In Sec. 679.2,
a. Remove the definitions for ``CDQ group number'', ``CDQ
project'', ``Community Development Plan'', ``Eligible vessel'',
``Managing organization'', and ``Qualified applicant'',
b. Revise the definitions for ``CDQ allocation'', ``CDQ group'',
``CDQ Program'', paragraph (1) of the definition for ``Eligible
community'', and the definitions for ``Groundfish CDQ fishing'',
``Halibut CDQ fishing'', ``License limitation groundfish'', ``PSQ
allocation'', ``PSQ reserve'', and
c. Add definitions for ``CDQ number'', ``Pollock CDQ fishing'', and
``Sablefish CDQ fishing'' in alphabetical order to read as follows:
Sec. 679.2 Definitions.
* * * * *
CDQ allocation means a percentage of a CDQ reserve specified under
Sec. 679.31 that is assigned to a CDQ group.
CDQ group means an entity identified as eligible for the CDQ
Program under 16 U.S.C. 1855(i)(1)(D). CDQ groups are listed in Table 7
to this part.
CDQ number means a number assigned to a CDQ group by NMFS that must
be recorded and is required in all logbooks and reports submitted by
vessels harvesting CDQ or processors taking deliveries of CDQ.
CDQ Program means the Western Alaska Community Development Quota
Program.
* * * * *
[[Page 39904]]
Eligible community means:
(1) For purposes of the CDQ Program, a community identified as
eligible for the CDQ Program under 16 U.S.C. 1855(i)(1)(D). Eligible
communities are listed in Table 7 to this part.
* * * * *
Groundfish CDQ fishing means fishing that results in the retention
of any groundfish CDQ species, but that does not meet the definition of
pollock CDQ fishing, sablefish CDQ fishing, or halibut CDQ fishing.
* * * * *
Halibut CDQ fishing means using fixed gear, retaining halibut CDQ,
and not retaining groundfish over the maximum retainable amounts
specified in Sec. 679.20(e) and Table 11 to this part.
* * * * *
License limitation groundfish means target species and the ``other
species'' category, specified annually pursuant to Sec. 679.20(a)(2),
except that demersal shelf rockfish east of 140[deg] W longitude,
sablefish managed under the IFQ program, sablefish managed under the
fixed gear sablefish CDQ reserve, and pollock allocated to the Aleutian
Islands directed pollock fishery and harvested by vessels 60 ft (18.3
m) LOA or less, are not considered license limitation groundfish.
* * * * *
Pollock CDQ fishing means directed fishing for pollock in the BS or
AI under a pollock allocation to the CDQ Program authorized at Sec.
679.31(a) and accruing pollock catch against a pollock CDQ allocation.
* * * * *
PSQ allocation means a percentage of a PSQ reserve specified under
Sec. 679.31 that is assigned to a CDQ group.
PSQ reserve means the amount of a prohibited species catch limit
established under Sec. 679.21(e) that has been allocated to the
groundfish CDQ Program under Sec. 679.21(e)(3)(i) and (e)(4)(i).
* * * * *
Sablefish CDQ fishing means fishing using fixed gear, retaining
sablefish CDQ, and that results in the retained catch of sablefish CDQ
plus sablefish IFQ being greater than the retained catch of any other
groundfish species or species group.
* * * * *
4. In Sec. 679.4, revise paragraph (e)(1)(i) to read as follows:
Sec. 679.4 Permits.
* * * * *
(e) * * *
(1) * * *
(i) The CDQ group, the operator of the vessel, the manager of a
shoreside processor or stationary floating processor, and the
Registered Buyer must comply with the requirements of this paragraph
(e) for the catch of CDQ halibut.
* * * * *
5. In Sec. 679.5,
a. Revise the heading of paragraph (n),
b. Remove paragraph (n)(2), and
c. Redesignate paragraphs according to the following table.
----------------------------------------------------------------------------------------------------------------
Redesignate paragraph(s) . . . As paragraph(s) . . .
----------------------------------------------------------------------------------------------------------------
(n)(1)(i).................................. (n)(2).
(n)(1)(ii)................................. (n)(3).
(n)(1)(ii)(A) and (B)...................... (n)(3)(i) and (ii), respectively.
(n)(1)(iii)................................ (n)(4).
(n)(1)(iii)(A) and (B)..................... (n)(4)(i) and (ii), respectively.
----------------------------------------------------------------------------------------------------------------
The revision reads as follows:
Sec. 679.5 Recordkeeping and reporting (R&R).
* * * * *
(n) CDQ and PSQ transfers.
* * * * *
6. In Sec. 679.7, remove paragraphs (d)(3), (d)(4), (d)(21),
(d)(22), (d)(24), redesignate paragraphs according to the following
table, add paragraph (d)(18), and revise paragraph (f)(3)(ii).
----------------------------------------------------------------------------------------------------------------
Redesignate paragraph(s) . . . As paragraph(s) . . .
----------------------------------------------------------------------------------------------------------------
(d)(5) through (d)(12)..................... (d)(3) through (d)(10), respectively.
(d)(15).................................... (d)(11).
(d)(17) through (d)(20).................... (d)(12) through (d)(15), respectively.
(d)(23).................................... (d)(16).
(d)(25).................................... (d)(17).
----------------------------------------------------------------------------------------------------------------
The revision and addition reads as follows:
Sec. 679.7 Prohibitions.
* * * * *
(d) * * *
(18) For the operator of a vessel fishing on behalf of a CDQ group
to retain more than the maximum retainable amount of pollock
established under Sec. 679.20(e) unless the pollock harvested by that
vessel accrues against a CDQ group's pollock CDQ allocation.
(f) * * *
(3) * * *
(ii) Sablefish. Retain sablefish caught with fixed gear without a
valid IFQ permit, and if using a hired master, without an IFQ hired
master permit in the name of an individual aboard, unless fishing on
behalf of a CDQ group.
* * * * *
7. In Sec. 679.21, revise paragraph (e)(3)(i)(A)(3)(i) to read as
follows:
Sec. 679.21 Prohibited species bycatch management.
* * * * *
(e) * * *
(3) * * *
(i) * * *
(A) * * *
(3) * * *
(i) Chinook salmon. 7.5 percent of the PSC limits set forth in
paragraphs (e)(1)(vi) and (viii) of this section.
* * * * *
8. In Sec. 679.22, revise paragraph (h) to read as follows:
Sec. 679.22 Closures.
* * * * *
(h) CDQ fisheries closures. See Sec. 679.7(d)(4) through (d)(8)
for time and area closures that apply to the CDQ fisheries once salmon
and crab PSQ amounts have been reached.
* * * * *
9. In Sec. 679.24, revise paragraph (b)(1)(ii) to read as follows:
[[Page 39905]]
Sec. 679.24 Gear limitations.
* * * * *
(b) * * *
(1) * * *
(ii) While directed fishing for sablefish in the Bering Sea
subarea.
* * * * *
10. Remove and reserve Sec. 679.30.
11. Revise Sec. 679.31 to read as follows:
Sec. 679.31 CDQ and PSQ reserves, allocations, and transfers.
(a) CDQ and PSQ reserves.--(1) Groundfish CDQ reserves. See Sec.
679.20 (b)(1)(ii).
(2) Halibut CDQ reserve. (i) NMFS will annually withhold from the
IFQ allocation the proportions of the halibut catch limit that are
specified in paragraph (a)(2)(ii) of this section for use as a CDQ
reserve.
(ii) The proportions of the halibut catch limit annually withheld
for the halibut CDQ program, exclusive of issued QS, are as follows for
each IPHC regulatory area (see Figure 15 to this part):
(A) Area 4B. In IPHC regulatory area 4B, 20 percent of the annual
halibut quota shall be apportioned to a CDQ reserve.
(B) Area 4C. In IPHC regulatory area 4C, 50 percent of the annual
halibut quota shall be apportioned to a CDQ reserve.
(C) Area 4D. In IPHC regulatory area 4D, 30 percent of the annual
halibut quota shall be apportioned to a CDQ reserve.
(D) Area 4E. In IPHC regulatory area 4E, 100 percent of the annual
halibut quota shall be apportioned to a CDQ reserve. A fishing trip
limit of 10,000 lb (4.54 mt) applies to halibut CDQ harvested through
September 1.
(3) Crab CDQ reserves. Crab CDQ reserves for crab species governed
by the Crab Rationalization Program are specified at Sec. 680.40(a)(1)
of this chapter. For Norton Sound red king crab, 7.5 percent of the
guideline harvest level specified by the State of Alaska is allocated
to the crab CDQ reserve.
(4) PSQ reserve. (See Sec. 679.21(e)(3)(i)(A) and (e)(4)(i)(A).)
(b) Allocations of CDQ and PSQ among the CDQ groups--(1) Annual
allocations of groundfish, halibut, and crab CDQ reserves among the CDQ
groups. The CDQ reserves in paragraphs (a)(1) through (a)(3) of this
section and Sec. 679.20(b)(1)(ii) shall be allocated among the CDQ
groups based on the CDQ percentage allocations required under 16 U.S.C.
1855(i)(1)(C), unless modified under 16 U.S.C. 1855(i)(1)(H). A portion
of the groundfish CDQ reserves will be allocated according to paragraph
(b)(2) of this section.
(2) Annual allocations of nontarget groundfish species among the
CDQ groups. Seven-tenths of one percent of each of the annual TACs
allocated as groundfish CDQ reserves under Sec. 679.20(b)(1)(ii)(C)
and (D), with the exception of the trawl gear sablefish CDQ reserves,
shall be allocated among the CDQ groups by the panel established in
section 305(i)(1)(G) of the Magnuson-Stevens Act.
(3) Annual allocations of PSQ reserves among the CDQ groups. The
annual PSQ reserves shall be allocated among the CDQ groups based on
the percentage allocations approved by NMFS on August 8, 2005. These
percentage allocations are described and listed in a notice published
in the Federal Register on August 31, 2006 (71 FR 51804).
(c) Transfers. CDQ groups may request that NMFS transfer CDQ or PSQ
from one group to another group by each group submitting a completed
transfer request as described in Sec. 679.5(n)(1). NMFS will approve
the transfer request if the CDQ group transferring quota to another CDQ
group has sufficient quota available for transfer. If NMFS approves the
request, NMFS will make the requested transfer(s) by decreasing the
account balance of the CDQ group from which the CDQ or PSQ species is
transferred and by increasing the account balance of the CDQ group
receiving the transferred CDQ or PSQ species. The PSQ will be
transferred as of the date NMFS approves the transfer request and is
effective only for the remainder of the calendar year in which the
transfer occurs.
12. Revise Sec. 679.32 to read as follows:
Sec. 679.32 CDQ fisheries monitoring and catch accounting.
(a) Applicability. This section contains requirements for CDQ
groups, vessel operators, and managers of processors that harvest or
process fixed gear sablefish CDQ, pollock CDQ, or groundfish CDQ as
defined in Sec. 679.2. Regulations governing the catch accounting of
halibut CDQ are at Sec. 679.42(c).
(b) PSQ catch. Time and area closures required once a CDQ group has
reached its salmon PSQ or crab PSQ are listed in Sec. 679.7(d)(4)
through (d)(8). The catch of salmon or crab by vessels using other than
trawl gear does not accrue to the PSQ for these species. The discard of
halibut by vessels using pot gear, jig gear, or hook-and-line gear to
harvest sablefish CDQ will not accrue to the halibut PSQ if this
bycatch has been exempted from the halibut PSC limit under Sec.
679.21(e)(4)(ii) in the annual BSAI specifications published in the
Federal Register.
(c) Fisheries monitoring requirements and catch accounting sources
for vessels sablefish, pollock, or groundfish CDQ fishing.--(1)
Sablefish CDQ fishing with fixed gear. NMFS will use the following data
sources to account for catch made by vessels sablefish CDQ fishing with
fixed gear:
(i) Sablefish CDQ. NMFS will use the same information sources that
are used to debit sablefish IFQ accounts (see Sec. 679.42(c)(2)) to
debit fixed gear sablefish CDQ accounts. This information must be
reported through standard reporting requirements in Sec. 679.5(a).
(ii) Groundfish CDQ. NMFS will use the catch information submitted
under standard reporting requirements in Sec. 679.5 to debit any other
groundfish CDQ species caught while sablefish CDQ fishing from
applicable groundfish CDQ accounts.
(2) Pollock CDQ fishing--(i) Operational requirements for catcher/
processors and motherships. Operators of catcher/processors directed
fishing for pollock CDQ and motherships taking deliveries of codends
from catcher vessels directed fishing for pollock must comply with the
following:
(A) Comply with the observer coverage requirements at Sec.
679.50(c)(5)(i)(A).
(B) Notify the observers of CDQ catch before CDQ catch is brought
onboard the vessel and notify the observers of the CDQ group and CDQ
number associated with the CDQ catch.
(C) Comply with the catch weighing and observer sampling station
requirements at Sec. 679.63(a).
(ii) Data sources used for CDQ catch accounting--(A) Catcher/
processors and motherships. NMFS will use observer data as the basis to
debit pollock CDQ, groundfish CDQ, and PSQ account balances.
(B) Catcher vessels delivering to shoreside processors. NMFS will
use the catch information submitted under standard reporting
requirements in Sec. 679.5 to debit pollock CDQ, other groundfish CDQ
species, and PSQ caught while pollock CDQ fishing from applicable CDQ
account balances.
(3) Groundfish CDQ fishing--(i) Operational requirements--(A)
Catcher vessels without an observer. Operators of catcher vessels in
this category must comply with one of the following requirements:
(1) Catcher vessels less than 60 ft (18.3 m) LOA must retain all
groundfish CDQ species, halibut CDQ, and salmon
[[Page 39906]]
PSQ until they are delivered to a processor that meets the requirements
of paragraph (d) of this section, unless retention of groundfish CDQ
species is not authorized under Sec. 679.4; discard of the groundfish
CDQ species is required under subpart B of this part; or, in waters
within the State of Alaska, discard is required by the State of Alaska.
(2) Catcher vessels delivering unsorted codends to motherships must
retain all CDQ and PSQ species and deliver them to a mothership that
meets the requirements of paragraph (c)(3)(i)(D) of this section.
(B) Catcher vessels with an observer using trawl gear and
delivering to shoreside processors. Operators of vessels in this
category must comply with all of the following requirements:
(1) Comply with the observer coverage requirements at Sec.
679.50(c)(4)(iii)(E).
(2) Retain all CDQ species and salmon PSQ until they are delivered
to a processor that meets the requirements of paragraph (d) of this
section unless retention of groundfish CDQ species is not authorized
under Sec. 679.4 of this part; discard of the groundfish CDQ species
is required under subpart B of this part; or, in waters within the
State of Alaska, discard is required by laws of the State of Alaska.
(3) Retain all halibut and crab PSQ in a bin or other location
until it is counted and sampled by the observer.
(4) Provide space on the deck of the vessel for the observer to
sort and store catch samples and a place from which to hang the
observer sampling scale.
(C) Catcher/processors using trawl gear. Operators of vessels in
this category must comply with the following requirements:
(1) Comply with the observer coverage requirements at
679.50(c)(4)(iii)(A).
(2) Notify the observers of CDQ catch before CDQ catch is brought
onboard the vessel and notify the observers of the CDQ group and CDQ
number associated with the CDQ catch.
(3) Comply with the catch monitoring requirements at Sec.
679.93(c).
(D) Motherships taking deliveries of unsorted codends. Operators of
vessels in this category must comply with the following requirements:
(1) Comply with the observer coverage requirements at Sec.
679.50(c)(4)(iii)(B).
(2) Notify the observers of CDQ catch before CDQ catch is brought
onboard the vessel and notify the observers of the CDQ group and CDQ
number associated with the CDQ catch.
(3) Provide an observer sampling station as described at Sec.
679.28(d).
(4) The operator of a mothership taking deliveries of unsorted
codends from catcher vessels must weigh all catch on a scale that
complies with the requirements of Sec. 679.28(b). Catch must not be
sorted before it is weighed, unless a provision for doing so is
approved by NMFS for the vessel. Each CDQ haul must be sampled by an
observer for species composition and the vessel operator must allow
observers to use any scale approved by NMFS to weigh partial CDQ haul
samples.
(E) Observed catcher vessels using nontrawl gear. Operators of
vessels in this category must retain all CDQ species until they are
delivered to a processor that meets the requirements of paragraph (d)
of this section unless retention of groundfish CDQ species is not
authorized under Sec. 679.4 of this part, discard of the groundfish
CDQ or PSQ species is required under subpart B of this part, or, in
waters within the State of Alaska, discard is required by laws of the
State of Alaska. All of the halibut PSQ must be counted by the observer
obtained in compliance with Sec. 679.50(c)(4)(iii)(E), and sampled for
length or average weight.
(F) Catcher/processors using nontrawl gear. Each CDQ set on a
vessel using nontrawl gear must be sampled by an observer obtained in
compliance with Sec. 679.50(c)(4)(iii)(C) or (D) for species
composition and average weight.
(ii) Data sources used for CDQ catch accounting. NMFS will use the
following sources to account for the catch of groundfish CDQ and PSQ
species caught by vessels groundfish CDQ fishing.
(A) Catcher vessels less than 60 ft (18.3 m) LOA. The weight or
numbers of all CDQ and PSQ species will be obtained from the CDQ
delivery information submitted by processors to NMFS in accordance with
paragraph (d) of this section.
(B) Catcher vessels delivering unsorted codends. The weight and
numbers of groundfish CDQ (including pollock) and PSQ species will be
determined by applying the species composition sampling data collected
for each CDQ haul by the observer on the mothership to the total weight
of each CDQ haul as determined by weighing all catch from each CDQ haul
on a scale approved under Sec. 679.28(b).
(C) Observed catcher vessels using trawl gear. The estimated weight
of halibut and numbers of crab PSQ discarded at sea will be determined
by using the observer's sample data. The weight or numbers of all
landed groundfish CDQ and salmon PSQ will be derived from the delivery
information submitted through the eLandings system, as required at
Sec. 679.5(e).
(D) Catcher/processors and motherships using trawl gear. The weight
and numbers of CDQ and PSQ species will be determined by applying the
observer's species composition sampling data for each CDQ haul to the
total weight of the CDQ haul as determined by weighing all catch from
each CDQ haul on a scale certified under Sec. 679.28(b).
(E) Observed catcher vessels using nontrawl gear. The weight of
halibut PSQ discarded at sea will be determined by using the observer's
sample data. The weight or numbers of all landed groundfish CDQ and
salmon PSQ will be derived from the delivery information submitted
through the eLandings system, as required at Sec. 679.5(e).
(F) Catcher/processors using nontrawl gear. The weight of halibut
PSQ and all groundfish CDQ species, except sablefish, will be
determined by applying the observer's species composition sampling data
to the estimate of total catch weight, if any CDQ species are discarded
at sea. Sablefish CDQ caught with fixed gear is accounted for as
described in paragraph (c)(1) of this section.
(G) Alternative fishing plan for catcher/processors. A CDQ group
may propose the use of an alternative method, such as using only one
observer where normally two would be required, sorting and weighing of
all catch by species on processor vessels, or using larger sample sizes
than could be collected by one observer by submitting an alternative
fishing plan to NMFS. NMFS will review the alternative fishing plan and
approve it or notify the qualified applicant in writing if the proposed
alternative does not meet the requirements of such a plan.
(1) Alternative fishing plan requirements. (i) The alternative
proposed must provide equivalent or better estimates than use of the
NMFS standard data source would provide and the estimates must be
independently verifiable.
(ii) Each haul or set on an observed vessel must be able to be
sampled by an observer for species composition.
(iii) Any proposal to sort catch before it is weighed must ensure
that the sorting and weighing process will be monitored by an observer.
(iv) The time required for the level 2 observer to complete
sampling, data recording, and data communication duties must not exceed
12 hours in each 24-hour period and the level 2 observer must not be
required to sample more than 9 hours in each 24-hour period. NMFS will
not approve an alternative fishing plan that would require the
[[Page 39907]]
observer to divide a 12-hour shift into shifts of less than 6 hours.
(2) Alternative fishing plan distribution and validity. The CDQ
group must provide a copy of the NMFS-approved alternative fishing plan
to the operator of the approved vessel. The vessel operator must
maintain the plan onboard the vessel at all times while it is operating
under the alternative fishing plan. Alternative fishing plans are valid
for the remainder of the calendar year in which they are approved.
Alternatives to the requirement for a certified scale or an observer
sampling station will not be approved.
(d) Monitoring requirements for shoreside processors and stationary
floating processors.--(1) Requirements for processors taking deliveries
of pollock CDQ. (i) Catch weighing. Managers of shoreside processors or
stationary floating processors taking deliveries of pollock CDQ must
comply with the requirements at Sec. 679.63(c).
(ii) Catch monitoring and control plan. Managers of AFA inshore
processors or stationary floating processors taking deliveries of
pollock CDQ must follow an approved catch monitoring and control plan
as described at Sec. 679.28(g).
(2) Requirements for processors taking deliveries of groundfish
CDQ. Managers of shoreside processors and stationary floating
processors taking deliveries of groundfish CDQ must comply with the
following requirements:
(i) Comply with observer coverage requirements at Sec.
679.50(d)(5)(iii) of this part.
(ii) Provide prior notice to observer of offloading schedule.
Notify the observer of the offloading schedule of each CDQ delivery at
least 1 hour prior to offloading to provide the observer an opportunity
to monitor the sorting and weighing of the entire delivery.
(iii) CDQ and PSQ by weight. Sort and weigh on a scale approved by
the State of Alaska under Sec. 679.28(c) all groundfish and halibut
CDQ or PSQ by species or species group.
(iv) PSQ by number. Sort and count all salmon and crab PSQ.
(v) CDQ and PSQ sorting and weighing. Sorting and weighing of CDQ
and PSQ must be monitored by an observer.
13. In Sec. 679.43, paragraph (a) is revised to read as follows:
Sec. 679.43 Determinations and appeals.
(a) General. This section describes the procedure for appealing
initial administrative determinations made in this title under parts
300, 679, 680, and subpart E of part 300.
* * * * *
14. In Sec. 679.50, paragraphs (c)(2)(iii), (c)(4), and (d)(5) are
revised to read as follows:
Sec. 679.50 Groundfish Observer Program.
* * * * *
(c) * * *
(2) * * *
(iii) Sablefish fishery. In a retained catch of IFQ and CDQ
sablefish that is greater than the retained catch of any other
groundfish species or species group that is specified as a separate
groundfish fishery under this paragraph (c)(2).
* * * * *
(4) Fixed gear sablefish CDQ, pollock CDQ, and groundfish CDQ
fisheries. The owner or operator of a vessel fishing for sablefish CDQ
with fixed gear, pollock CDQ fishing, or groundfish CDQ fishing as
defined in Sec. 679.2 must comply with the following observer coverage
requirements while transporting (catcher vessel only), harvesting,
processing, or taking delivery of CDQ or PSQ species.
(i) Fixed gear sablefish CDQ fishery. Catcher vessels and catcher/
processor vessels equal to or greater than 60 ft (18.3 m) LOA
participating in the fixed gear sablefish CDQ fishery must comply with
the observer coverage requirements in paragraphs (c)(1)(iv) through
(viii) and (c)(2)(iii) of this section.
(ii) Pollock CDQ fishery. (A) A catcher/processor that is pollock
CDQ fishing or mothership taking deliveries from catcher vessels that
are pollock CDQ fishing must comply with the observer coverage and
workload requirements in paragraph (c)(5) of this section.
(B) A catcher vessel that is pollock CDQ fishing must comply with
the observer coverage requirements in paragraph (c)(1) of this section.
(iii) Groundfish CDQ fisheries--(A) Catcher/processors using trawl
gear. A catcher/processor not listed in Sec. 679.4(l)(2)(i) using
trawl gear and groundfish CDQ fishing, except catcher/processors
directed fishing for pollock CDQ, must comply with the observer
coverage requirements at paragraph (c)(6)(i) of this section and the
catch monitoring requirements in Sec. 679.93(c).
(B) Motherships. A mothership that receives groundfish CDQ species
from catcher vessels using trawl gear to participate in a directed
fishery for CDQ groundfish species must have at least two level 2
observers as described at paragraphs (j)(1)(v)(D) and (E) of this
section aboard the vessel, at least one of whom must be certified as a
lead level 2 observer.
(C) Catcher/processors using hook-and-line gear. A catcher/
processor using hook-and-line gear to directed fish for groundfish CDQ
species must have at least two level 2 observers as described at
paragraphs (j)(1)(v)(D) and (E) of this section aboard the vessel,
unless NMFS approves an alternative fishing plan under Sec.
679.32(c)(3) authorizing the vessel to carry only one lead level 2
observer. At least one of the level 2 observers must be certified as a
lead level 2 observer.
(D) Catcher/processors using pot gear. A catcher/processor using
pot gear to directed fish for groundfish CDQ species must have at least
one lead level 2 observer as described at paragraphs (j)(1)(v)(D) and
(E) of this section aboard the vessel.
(E) Catcher vessels. A catcher vessel equal to or greater than 60
ft (18.3 m) LOA using any gear to directed fish for groundfish CDQ
species, except a catcher vessel using trawl gear that delivers only
unsorted codends to a mothership or catcher/processor, must have at
least one level 2 observer as described at paragraph (j)(1)(v)(D) of
this section aboard the vessel.
(F) Limitations. The time required for the level 2 observer to
complete sampling, data recording, and data communication duties shall
not exceed 12 hours in each 24-hour period, and, the level 2 observer
is required to sample no more than 9 hours in each 24-hour period.
* * * * *
(d) * * *
(5) Accepts deliveries of fixed gear sablefish CDQ, pollock CDQ,
and groundfish CDQ as defined in Sec. 679.2 must comply with the
following observer coverage requirements.
(i) Fixed gear sablefish CDQ fishery. Shoreside processors or
stationary floating processors taking delivery of fixed gear sablefish
CDQ must comply with the observer coverage requirements in paragraphs
(d)(1) and (d)(2) of this section.
(ii) Pollock CDQ fishery. Each shoreside processor or stationary
floating processor taking delivery of pollock CDQ must comply with the
observer coverage requirements and duty restrictions in paragraph
(d)(6) of this section.
(iii) Groundfish CDQ fisheries. Each shoreside processor or
stationary floating processor taking deliveries of groundfish CDQ must
have at least one level 2 observer as described at paragraph
(j)(1)(v)(D) of this section present at all times while groundfish CDQ
is being received or processed.
[[Page 39908]]
(iv) Observer working hours. The time required for the level 2
observer to complete sampling, data recording, and data communication
duties may not exceed 12 hours in each 24-hour period, and the level 2
observer is required to sample no more than 9 hours in each 24-hour
period.
* * * * *
Sec. Sec. 679.2, 679.5, 679.7, 679.21, 679.26, 679.27, 679.28, 679.50,
679.84, and 679.93 [Amended]
15. At each of the locations shown in the ``Location'' column of
the following table, remove the phrase indicated in the ``Remove''
column and replace it with the phrase indicated in the ``Add'' column
for the number of times indicated in the ``Frequency'' column.
----------------------------------------------------------------------------------------------------------------
Location Remove Add Frequency
----------------------------------------------------------------------------------------------------------------
Sec. 679.2 definition of ``CDQ set aside for allocated to.......................... 1
reserve''. purposes of.
Sec. 679.2 definition of ``Fixed Sec. Sec. 679.20(b)(1)(ii)(B)............ 1
gear sablefish CDQ reserve''. 679.20(b)(1)(iii)(B)
. See also Sec.
679.31.
Sec. 679.2 definition of ``Halibut Sec. 679.31(b)..... Sec. 679.31(a)(2)................... 1
CDQ reserve''.
Sec. 679.5(a)(7)(x)(E)............ CDQ group number..... CDQ number............................ 1
Sec. 679.5(a)(7)(xv) Table........ CDQ group number..... CDQ number............................ 1
Sec. 679.5(a)(14)(iv) Table....... CDQ group number..... CDQ number............................ 2
Sec. 679.5(c)(1)(ii)(H)(1)........ CDQ group number..... CDQ number............................ 1
Sec. 679.5(c)(3)(v)(F) and certified observer(s) observer(s)........................... 2
(c)(4)(v)(F).
Sec. 679.5(c)(6)(v)(E)............ certified observer(s) observer(s)........................... 1
Sec. 679.5(n)..................... CDQ group number..... CDQ number............................ 2
Sec. 679.7(c)(1).................. NMFS-certified observer.............................. 1
observer.
Sec. 679.21(c)(2)(iii) and (c)(5). NMFS-certified observer.............................. 1
observer.
Sec. 679.21(c)(4)................. NMFS-certified observer.............................. 2
observer.
Sec. 679.26(c)(1)................. NMFS-certified observer.............................. 1
observer.
Sec. 679.27(j)(5)(ii)............. NMFS-certified observer.............................. 1
observer.
Sec. 679.28(c)(4)(v)(D) and NMFS-certified observer.............................. 1
(g)(7)(viii). observer.
Sec. 679.28(g)(7)(vii)............ NMFS-certified observers............................. 1
observers.
Sec. 679.50(c)(1)(x), NMFS-certified observers............................. 1
(c)(4)(i)(B), (c)(5)(i)(A), observers.
(c)(5)(i)(B), (c)(5)(i)(C),
(c)(6)(i) introductory text,
(c)(7)(i)(A) introductory text,
(c)(7)(i)(B) introductory text,
(c)(7)(i)(C), (d)(6)(i), (d)(7)(i),
and (g)(1)(iii)(A).
Sec. 679.50(c)(6)(ii), NMFS-certified observer.............................. 1
(c)(7)(i)(F)(i), observer.
(c)(7)(i)(F)(ii)(A) introductory
text, (c)(7)(i)(F)(ii)(B)
introductory text,
(c)(7)(i)(F)(ii)(C), and (d)(7)(i).
Sec. 679.50(d)(6)(i).............. NMFS certified observer.............................. 1
observer.
Sec. 679.50(j)(1)(v)(D) and certified observer... observer.............................. 1
(j)(3)(iv).
Sec. 679.84(c)(1) and (f)(2)...... NMFS certified observer.............................. 1
observer.
Sec. 679.84(d)(1)................. NMFS certified observer.............................. 2
observer.
Sec. 679.93(c)(1)................. NMFS certified observer.............................. 1
observer.
Sec. 679.93(d)(1)................. NMFS certified observer.............................. 2
observer.
----------------------------------------------------------------------------------------------------------------
16. Table 7 to part 679 is revised to read as follows:
Table 7 to Part 679--Community Development Quota Groups and Communities
Eligible to Participate in the CDQ Program
------------------------------------------------------------------------
-------------------------------------------------------------------------
Aleutian Pribilof Island Community Development Association
Akutan
Atka
False Pass
Nelson Lagoon
Nikolski
St. George
Bristol Bay Economic Development Corporation
Aleknagik
Clark's Point
Dillingham
Egegik
Ekuk
Ekwok
King Salmon/Savonoski
Levelock
Manokotak
Naknek
Pilot Point
Port Heiden
Portage Creek
South Naknek
Togiak
Twin Hills
Ugashik
Central Bering Sea Fishermen's Association
St. Paul
Coastal Villages Region Fund
Chefornak
Chevak
Eek
Goodnews Bay
Hooper Bay
Kipnuk
Kongiganak
Kwigillingok
Mekoryuk
Napakiak
Napaskiak
Newtok
Nightmute
Oscarville
Platinum
Quinhagak
Scammon Bay
Toksook Bay
Tuntutuliak
Tununak
Norton Sound Economic Development Corporation
Brevig Mission
Diomede
Elim
Gambell
Golovin
Koyuk
Nome
Saint Michael
Savoonga
Shaktoolik
Stebbins
Teller
[[Page 39909]]
Unalakleet
Wales
White Mountain
Yukon Delta Fisheries Development Association
Alakanuk
Emmonak
Grayling
Kotlik
Mountain Village
Nunam Iqua
------------------------------------------------------------------------
PART 680--SHELLFISH FISHERIES OF THE EXCLUSIVE ECONOMIC ZONE OFF
ALASKA
17. The authority citation for part 680 continues to read as
follows:
Authority: 16 U.S.C. 1862; Pub. L. 109-241; Pub. L. 109-479.
18. In Sec. 680.2, revise the definitions for ``CDQ community''
and ``CDQ group'' to read as follows:
Sec. 680.2 Definitions.
* * * * *
CDQ community means a community identified as eligible for the CDQ
Program under 16 U.S.C. 1855(i)(1)(A). CDQ communities are listed in
Table 7 to 50 CFR part 679.
CDQ group means an entity identified as eligible for the CDQ
Program under 16 U.S.C. 1855(i)(1)(A). CDQ groups are listed in Table 7
to 50 CFR part 679.
* * * * *
[FR Doc. 2010-16936 Filed 7-12-10; 8:45 am]
BILLING CODE 3510-22-P