Federal Register - March 1, 2021

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Source: Federal Register

Federal Register / Vol. 86, No. 38 / Monday, March 1, 2021 / Rules and Regulations catcher/processors; and 3 as further discussed below, removing the requirement at 679.23h1 for a trawl catcher vessel checked into and participating in the Rockfish Program fishery to stand down for three days when transiting from the BSAI to the GOA while Pacific cod or pollock is open to directed fishing in the BSAI. In addition, NMFS also adds a clarifying technical revision to the remaining information at 679.82e4 to remove the table and reorganize the West Yakutat District rockfish sideboard ratios.
For this final rule, NMFS modifies 679.23h1 to remove the 3-day stand down requirement when a vessel moves from the BSAI to the GOA and is checked-in and participating in a Rockfish Program cooperative. This revision removes a regulatory limitation on vessels moving into the Rockfish Program but does not increase potential harvests in other non-Rockfish Program fisheries. Vessels that are not participating in the Rockfish Program must still comply with the 3-day stand down.
This final rule modifies regulations at 679.84f1 to remove unnecessary requirements for shoreside processors to maintain an observer workstation and communications equipment. These requirements were originally implemented under the Rockfish Pilot Program, which required that fisheries observers be stationed at shoreside processors participating in the Rockfish Pilot Program. Observer requirements for shoreside processors were removed with the implementation of the Rockfish Program in 2012, making these equipment requirements no longer necessary.
This final rule includes two additional technical corrections to regulations that clarify the season dates for directed fishing for Pacific cod under the Rockfish Program and updates references to dusky rockfish throughout the regulations. This final rule clarifies the season dates for directed fishing for Pacific cod with trawl gear at 679.23d3ii by cross-referencing the Rockfish Program season dates in 679.84g. Current Rockfish Program regulations at 679.80a3ii specify that fishing by vessels participating in a Rockfish Program cooperative is authorized from 1200 hours, A.l.t., May 1 through 1200 hours, A.l.t., November 15. To clarify this, NMFS modifies regulations at 679.23d3ii in this final rule to reference the specific season dates authorized under the Rockfish Program.
This final rule changes references to pelagic shelf rockfish to dusky
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rockfish throughout regulations in 50
CFR part 679 to update regulations consistent with changes that have occurred to species categories since 2012 and the implementation of the Rockfish Program. Revising the references from pelagic shelf rockfish to dusky rockfish within the regulations and FMP is consistent with existing protocols for the annual stock assessment and harvest specifications of dusky rockfish.
This final rule clarifies at 679.82e9iii that a rockfish cooperative may not exceed any deepwater or shallow-water halibut PSC
sideboard limit assigned to that cooperative. This clarification was meant to be included with the Rockfish Program implemented by Amendment 88 to the GOA FMP 76 FR 81247, December 27, 2011. If a cooperative uses halibut PSC fishing for rockfish in the WGOA or the West Yakutat District, any halibut PSC used will be debited from the deep-water complex halibut PSC limit assigned to that cooperative.
Once a cooperative reaches its deepwater halibut PSC sideboard limit, it will be able to continue to fish for rockfish in the Western GOA or West Yakutat District. This is further explained in the response to comment 3
in the Comments and Responses section below as well as in the Changes from Proposed to Final Rule section below.
Comments and Responses NMFS received 10 comment letters on the NOA for Amendment 111 and the proposed rule. NMFS has summarized and responded to 18 unique comments below. One of the comment letters received was outside the scope of the proposed rule. The comments were from individuals, environmental groups, and Rockfish Program cooperative participants.
Comments on the Proposed Rule Comment 1: Several commenters expressed general support for the reauthorization of the Rockfish Program without a sunset date. Commenters support the reauthorization of the Rockfish Program and the benefits the Program has created for historical harvesters, processors and the community of Kodiak.
Response: NMFS acknowledges this comment.
Comment 2: One commenter expressed support for the modification to 679.82e4, which removes the definition of sideboard ratios for Rockfish Program catcher/processors in the WGOA. However, the commenter does not support the proposed change to
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679.82e2 that would remove the reference to the WGOA in this paragraph. This modification to 679.82e2 would lift the existing prohibition on directed rockfish fishing in the WGOA for non-Amendment 80
catcher/processors, which was not considered nor recommended by the Council.
Response: NMFS acknowledges the respondents support for the change to sideboard ratios for the Western GOA at 679.82e4. NMFS agrees that the proposed rule incorrectly proposed to modify regulations at 679.82e2 by removing the words Western GOA in this paragraph. This error has been corrected in this final rule.
Comment 3: A commenter requested that NMFS further clarify regulations implementing Amendment 88 to the GOA FMP 76 FR 81248, December 27, 2011. In the response to comment 31 in the final rule implementing Amendment 88 to the GOA FMP, NMFS responded to three questions related to the application of the deep-water halibut complex halibut PSC sideboard. NMFS
stated in the final rule that if a cooperative uses halibut PSC fishing for rockfish in the Western GOA or the West Yakutat District, any halibut PSC
used will be debited from the deepwater complex halibut PSC limit assigned to that cooperative. Once a cooperative reaches its deep-water halibut PSC sideboard limit, it will be able to continue to fish for rockfish in the Western GOA or West Yakutat District. However, reaching the deepwater halibut PSC limit would not prohibit the harvester from fishing for rockfish in the Western GOA or West Yakutat region. Any halibut PSC used for fishing rockfish would be debited from the deep-water complex halibut PSC limit assigned to that cooperative.
In the final rule implementing Amendment 88 to the GOA FMP, NMFS
clarified this by modifying regulations at 679.7n6iv however, the commenter requested that NMFS update regulations at 679.82e9iii to further clarify this point in this rule as intended in the final rule implementing Amendment 88 to the GOA FMP.
Response: NMFS agrees that this clarification is needed and this change is included in this final rule. As further explained in the Changes from Proposed to Final Rule section of this final rule, NMFS adds a clarification at 679.82e9iii that was meant to be added in at the implementation of the Rockfish Program through Amendment 88 to the GOA FMP. Once a halibut PSC
limit is reached by a rockfish cooperative, that cooperative is prohibited from directed fishing in the
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Federal Register - March 1, 2021

TitoloFederal Register

PaeseStati Uniti

Data01/03/2021

Conteggio pagine242

Numero di edizioni7800

Prima edizione14/03/1936

Ultima edizione23/06/2026

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