Proposed Rule2022-08278
Pacific Halibut Fisheries; Catch Sharing Plan
Primary source
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Published
April 19, 2022
Issuing agencies
Commerce DepartmentNational Oceanic and Atmospheric Administration
Abstract
NMFS issues this proposed rule to revise regulations for the commercial individual fishing quota (IFQ) Pacific halibut (halibut) fisheries for the 2022 IFQ fishing year. This proposed rule would remove limits on the maximum amount of halibut IFQ that may be harvested by a vessel, commonly known as vessel use caps, in IFQ regulatory Areas 4A (Eastern Aleutian Islands), 4B (Central and Western Aleutian Islands), 4C (Central Bering Sea), and 4D (Eastern Bering Sea). This action is needed to provide additional flexibility to IFQ participants in 2022 to ensure allocations of halibut IFQ can be harvested by the limited number of vessels operating in these areas. This action is within the authority of the Secretary of Commerce to establish additional regulations governing the taking of halibut that are in addition to, and not in conflict with, those adopted by the International Pacific Halibut Commission (IPHC). This action is intended to promote the goals and objectives of the IFQ Program, the Northern Pacific Halibut Act of 1982 (Halibut Act), and other applicable laws.
Full Text
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<title>Federal Register, Volume 87 Issue 75 (Tuesday, April 19, 2022)</title>
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[Federal Register Volume 87, Number 75 (Tuesday, April 19, 2022)]
[Proposed Rules]
[Pages 23155-23158]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-08278]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 679
[Docket No. 220413-0094]
RIN 0648-BL28
Pacific Halibut Fisheries; Catch Sharing Plan
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 issues this proposed rule to revise regulations for the
commercial individual fishing quota (IFQ) Pacific halibut (halibut)
fisheries for the 2022 IFQ fishing year. This proposed rule would
remove limits on the maximum amount of halibut IFQ that may be
harvested by a vessel, commonly known as vessel use caps, in IFQ
regulatory Areas 4A (Eastern Aleutian Islands), 4B (Central and Western
Aleutian Islands), 4C (Central Bering Sea), and 4D (Eastern Bering
Sea). This action is needed to provide additional flexibility to IFQ
participants in 2022 to ensure allocations of halibut IFQ can be
harvested by the limited number of vessels operating in these areas.
This action is within the authority of the Secretary of Commerce to
establish additional regulations governing the taking of halibut that
are in addition to, and not in conflict with, those adopted by the
International Pacific Halibut Commission (IPHC). This action is
intended to promote the goals and objectives of the IFQ Program, the
Northern Pacific Halibut Act of 1982 (Halibut Act), and other
applicable laws.
DATES: Submit comments on or before May 4, 2022.
ADDRESSES: You may submit comments on this document, identified by FDMS
Docket number NOAA-NMFS-2022-0037, by any of the following methods:
<bullet> Electronic Submission: Submit all electronic public
comments via the Federal e-Rulemaking Portal. Go to <a href="https://www.regulations.gov">https://www.regulations.gov</a> and enter NOAA-NMFS-2022-0037 in the Search box.
Click on the ``Comment'' icon, complete the required fields, and enter
or attach your comments.
<bullet> Mail: Submit written comments to Glenn Merrill, Assistant
Regional Administrator, Sustainable Fisheries Division, Alaska Region
NMFS. Mail comments to P.O. Box 21668, Juneau, AK 99802-1668.
<bullet> Instructions: Comments sent by any other method, to any
other address or individual, or received after the end of the comment
period, may not be considered by NMFS. All comments received are a part
of the public record and will generally be posted for public viewing on
<a href="http://www.regulations.gov">www.regulations.gov</a> without change. All personal identifying
information (e.g., name, address, etc.), confidential business
information, or otherwise sensitive information submitted voluntarily
by the sender will be publicly accessible. NMFS will accept anonymous
comments (enter ``N/A'' in the required fields if you wish to remain
anonymous).
Electronic copies of the Categorical Exclusion and the Regulatory
Impact Review (RIR) (herein referred to as the ``Analysis'') prepared
for this action are available from <a href="http://www.regulations.gov">www.regulations.gov</a> or from the NMFS
Alaska Region website at <a href="https://www.fisheries.noaa.gov/region/alaska">https://www.fisheries.noaa.gov/region/alaska</a>.
FOR FURTHER INFORMATION CONTACT: Abby Jahn, 907-586-7228.
SUPPLEMENTARY INFORMATION:
Authority for Action
The IPHC promulgates regulations governing the halibut fishery
under the Convention between the United States and Canada for the
Preservation of the Halibut Fishery of the Northern Pacific Ocean and
Bering Sea (Convention). The IPHC's regulations are subject to approval
by the Secretary of State with the concurrence of the Secretary of
Commerce. NMFS publishes the IPHC's regulations as annual management
measures pursuant to 50 CFR 300.62. The 2022 IPHC annual management
measures published on March 7, 2022 (87 FR 12604).
Additionally, the Northern Pacific Halibut Act of 1982 (Halibut
Act), 16 U.S.C. 773c(a) and (b), provides the Secretary of Commerce
with general responsibility to carry out the Convention and the Halibut
Act, including the authority to adopt regulations necessary to carry
out the purposes and objectives of the Convention. The Halibut Act, 16
U.S.C. 773c(c), also provides the North Pacific Fishery Management
Council (Council) with authority to develop regulations, including
limited access regulations, that are in addition to, and not in
conflict with, approved IPHC regulations. Regulations recommended by
the Council may be implemented by NMFS only after approval by the
Secretary of Commerce.
The Council has exercised its authority in developing halibut
management programs for the
[[Page 23156]]
subsistence, sport, and commercial halibut fisheries. The Secretary of
Commerce exercised authority to implement the commercial IFQ halibut
fishery management program (58 FR 59375; November 9, 1993). The IFQ
Program for the halibut fishery is implemented by Federal regulations
at 50 CFR part 679.
The halibut IFQ fishery is managed in specific areas defined by the
IPHC. These IFQ regulatory areas (areas) are: Area 2A (California,
Oregon, and Washington); Area 2B (British Columbia); Area 2C (Southeast
Alaska), Area 3A (Central Gulf of Alaska), Area 3B (Western Gulf of
Alaska), and Area 4 (subdivided into five Areas, 4A through 4E, in the
Bering Sea and Aleutian Islands of Western Alaska). These Areas are
described at 50 CFR part 679, Figure 15. The halibut IFQ fishery is
limited to persons holding quota share (QS). Halibut allocated under
the IFQ program in Areas 2C, 3A, 3B, 4A, 4B, 4C, 4D, and 4E are subject
to limits on the maximum amount of halibut IFQ that may be harvested by
a vessel, commonly known as vessel use caps. Throughout this preamble,
the term ``vessel use cap'' refers to regulations applicable to the
halibut IFQ fishery (Sec. 679.42(h)(1)).
As relevant to this action, a Community Quota Entity (CQE) is
authorized to hold halibut QS in Area 4B. IFQ halibut derived from QS
held by a CQE is subject to vessel use caps (Sec. 679.42(h)(1)(ii)).
NMFS also allocates halibut to the Western Alaska Community Development
Quota (CDQ Program) in Areas 4B, 4C, 4D, and 4E (Sec. 679.31(a)(2)),
but those allocations are not subject to a vessel use cap and are not
affected by this rulemaking.
Background
This proposed rule would implement regulations to temporarily
remove vessel use caps in Areas 4A, 4B, 4C, and 4D in 2022. The
existing vessel use caps were recommended by the Council and
implemented by NMFS as part of the IFQ Program (58 FR 59375; November
9, 1993) as regulations that were in addition to, and not in conflict
with, those adopted by the IPHC, consistent with the Halibut Act (16
U.S.C. 773c(c)). The following sections describe the IFQ Program;
halibut IFQ vessel use caps; the rationale and effects of temporarily
removing vessel use caps in Areas 4A, 4B, 4C, and 4D; and the
regulations that would be implemented under this proposed rule.
IFQ Program
Commercial halibut and sablefish fisheries in Alaska are subject to
regulation under the IFQ Program and the CDQ Program (50 CFR part 679).
A key objective of the IFQ Program is to support the social and
economic character of the fisheries and the coastal fishing communities
where many of these fisheries are based. For more information about the
IFQ Program, please refer to Section 2.4 of the Analysis. Because this
rule is specific to the halibut IFQ fishery, reference to the IFQ
Program in this preamble is specific to halibut unless otherwise noted.
Under the IFQ Program, access to the commercial halibut fisheries
is limited to those persons holding QS, which is the limited access
permit NMFS uses to calculate a person's IFQ each year. Halibut QS is
designated for a specific geographic area of harvest, a specific vessel
operation type (catcher vessel (CV) or catcher/processor), and for a
specific range of vessel sizes that may be used to harvest the halibut
(vessel category). Out of the four vessel categories of halibut QS,
category A shares are designated for catcher/processors that process
their catch at sea (e.g., freezer longline vessels) and do not have a
vessel length designation, whereas category B, category C, and category
D shares are designated to be fished on CVs that meet specific length
designations (Sec. 679.40(a)(5)).
NMFS annually issues IFQ permits to each QS holder. IFQ permits
authorize permit holders to harvest a specified amount of a particular
IFQ species in an area from a specific operation type and vessel
category, consistent with the QS they hold. IFQ is expressed in pounds
(lbs) and is based on the amount of QS held by the permit holder in
relation to the total QS pool for each area with an assigned catch.
The IFQ Program also established: (1) Limits on the maximum amount
of QS that a person could use (i.e., be used to receive annual IFQ)
(Sec. 679.42(f)); (2) limits on the number of small amounts of
indivisible QS units, known as QS blocks, that a person can hold (Sec.
679.42(g)); (3) limits on the ability of IFQ assigned to one CV vessel
category (vessel category B, C, or D IFQ) to be fished on a different
(larger) vessel category with some limited exceptions (Sec.
679.42(a)(2)); and (4) limits on the maximum amount of halibut IFQ that
may be harvested by a vessel during an IFQ fishing year (Sec.
679.42(h)). Only qualified individuals and initial recipients of QS are
eligible to hold CV QS, and they are required to be on the vessel when
the IFQ is being fished, with a few limited exceptions (Sec.
679.41(h)(2)). All of these limitations were established to retain the
owner-operator nature of the CV halibut IFQ fisheries, limit
consolidation of QS, and ensure the annual IFQ is not harvested on a
small number of larger vessels.
Halibut IFQ Vessel Use Caps
The IFQ Program established vessel use caps to limit the maximum
amount of halibut that could be harvested on any one vessel. The limits
are intended to help ensure that a minimum number of vessels are
engaged in the halibut IFQ fishery and to address concerns about the
socio-economic impacts of consolidation under the IFQ Program. For
additional detail on vessel use caps, see the preamble to the proposed
rule for the IFQ Program (57 FR 57130; December 3, 1992).
This proposed rule refers to halibut catch limits, commercial
halibut allocations, and vessel use caps in net pounds or net metric
tons. Net pounds and net metric tons are defined as the weight of
halibut from which the gills, entrails, head, and ice and slime have
been removed. This terminology used in this proposed rule is consistent
with the IPHC, which establishes catch limits and calculates mortality
in net pounds.
Relevant to this proposed rule, for IFQ regulatory Areas 2C, 3A,
3B, 4A, 4B, 4C, 4D, and 4E; vessels cannot be used to harvest more
halibut IFQ than on-half percent of the combined total catch limits of
halibut (Sec. 679.42(h)(1)). Applying this regulation to 2022 yields a
vessel use cap of 101,490 (46.0 mt). This vessel use cap applies to
vessels harvesting IFQ halibut in the regulatory areas subject to this
proposed rule: Areas 4A, 4B, 4C, and 4D.
Applicable to Area 4B for this proposed action, a CQE is authorized
to hold halibut QS in Area 4B on behalf of the community of Adak,
Alaska (79 FR 8870; February 14, 2014). A CQE is a NMFS-approved non-
profit organization that represents small, remote, coastal communities
that meet specific criteria to purchase and hold CV halibut QS on
behalf of an eligible community. The CQE holds QS and leases the IFQ
derived from the underlying QS to community residents. Any vessel
harvesting halibut IFQ derived from the QS held by the CQE representing
the community of Adak is subject to the vessel use cap regulations at
Sec. 679.42(h)(1)(ii), which limit a vessel to harvest no more than
50,000 lb (22.7 mt), in addition to those set forth at Sec.
679.42(h)(1) introductory text and 679.42(h)(i).
Rationale and Effects of Temporarily Removing Vessel Use Caps in Areas
4A, 4B, 4C, and 4D
On February 10, 2022, at its regularly-scheduled meeting, the
Council
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addressed requests from IFQ fishery stakeholders to remove vessel use
caps applicable to the halibut IFQ fisheries in Areas 4A, 4B, 4C, and
4D (Sections 1 and 2.3 of the Analysis). The Council requested this
proposed rule because of the ongoing socio-economic impacts of the
COVID-19 pandemic as identified by the public, including coastal
communities and fishery participants in Area 4. NMFS proposes this rule
to provide additional flexibility to vessels operating in Area 4 during
the 2022 fishing season. This action is expected to facilitate the
harvest of halibut allocated under the IFQ program in Area 4 and
provide additional harvest flexibility to vessels operating in Area 4.
This action is needed because of the relatively large proportion of
vessels participating in the Areas 4A, 4B, 4C, and 4D halibut IFQ
fisheries that are operating near the current vessel use cap, thereby
limiting the amount of additional IFQ that could be harvested on
vessels operating in those areas (Section 2.3 of the Analysis).
Additionally, this action is expected to provide flexibility to the CQE
representing the community of Adak, Alaska, because the minimum number
of vessels needed under current use caps exceeds the number of vessels
owned by residents of the community (Section 2.5.2 of the Analysis).
The reader is referred to the Analysis, particularly Sections 2.3,
2.6, and 2.7, for additional detail on the efficacy of 2020 and 2021
rulemakings that temporarily removed vessel use caps in Area 4, a
broader discussion of the range of factors considered for this proposed
rule, and the anticipated effects of removing the vessel use caps in
Areas 4A, 4B, 4C, and 4D for both CQE and non-CQE-associated vessels.
The Council recommended ``expedited action'' to remove vessel use
caps for the halibut IFQ fishery in Areas 4A, 4B, 4C, and 4D to be
effective during the 2022 fishing year, which ends on December 7, 2022.
NMFS accordingly has established an expedited 15-day comment period for
this proposed rule.
The Council did not recommend, and this proposed rule does not
include, measures to relieve the vessel use caps for the sablefish IFQ
fishery, or for other halibut IFQ areas, due to the larger number of
vessels that are currently active in the sablefish IFQ fishery and
these other halibut areas. Area 4E was not included because it is
entirely allocated to harvest under the CDQ Program; therefore, vessel
use caps do not apply. Detailed information indicating that halibut
harvests in these other IFQ areas would not be constrained under the
current vessel use caps is available in Section 2.5.2.1 of the
Analysis.
NMFS also considered the potential impacts on halibut conservation
and management if vessel use caps vessels in Areas 4A, 4B, 4C, and 4D
are relieved for the 2022 IFQ fishing year. The proposed regulatory
amendments in this rule would temporarily add a regulation that would
remove vessel use caps in Areas 4A, 4B, 4C, and 4D. This proposed rule
would provide additional flexibility to facilitate harvest of the
halibut resource and is responsive to the Council request to implement
expedited rulemaking for the 2022 IFQ fishing year due to the ongoing
economic, social, and public health impacts of the COVID-19 pandemic.
This rule does not modify the vessel use cap provisions in future
years, consistent with the Council's goals in implementing vessel use
caps in this fishery (Section 2.3 in the Analysis). This proposed rule
would not modify other elements of the IFQ Program. This proposed rule
would not increase or otherwise modify the 2022 halibut catch limits
adopted by the IPHC and implemented by NMFS (87 FR 12604, March 7,
2022). This proposed rule would not modify any other conservation
measures recommended by the IPHC and adopted by NMFS, nor any other
conservation measures implemented by NMFS independent of the IPHC. This
proposed rule would not modify other limitations on the use of QS and
IFQ described in the previous sections of this preamble.
Proposed Regulations
After considering the best available information, the Convention,
the status of the halibut resource, and the potential social and
economic costs of maintaining the vessel use cap limits described in
the preamble, this proposed rule would add a new, temporary provision
at 50 CFR 679.42(h)(1)(iii) to remove vessel use caps for vessels
harvesting IFQ halibut in Areas 4A, 4B, 4C, and 4D during the 2022 IFQ
fishing year. Because vessel use caps are applied under existing
regulations at the fishery level including harvest in all areas, the
proposed regulations clarify that harvest of IFQ halibut in regulatory
Areas 4A, 4B, 4C, and 4D is excluded from the calculation of vessel use
caps in IFQ regulatory Areas 2C, 3A, or 3B during the 2022 IFQ fishing
year.
Classification
Regulations governing the U.S. fisheries for Pacific halibut are
developed by the International Pacific Halibut Commission (IPHC), the
Pacific Fishery Management Council, the North Pacific Fishery
Management Council (Council), and the Secretary of Commerce. Section 5
of the Northern Pacific Halibut Act of 1982 (Halibut Act, 16 U.S.C.
773c) allows the Regional Council authority over a particular
geographical area, to develop regulations governing the allocation and
catch of halibut in U.S. Convention waters as long as those regulations
do not conflict with IPHC regulations. This proposed action is
consistent with the Council's authority to allocate halibut catch among
fishery participants in Convention waters in and off Alaska.
This rule has been determined to be not significant for purposes of
Executive Order 12866.
A Regulatory Impact Review was prepared to assess costs and
benefits of available regulatory alternatives. A copy of this analysis
is available from NMFS (see ADDRESSES). Specific aspects of the
economic analysis are discussed below in the Initial Regulatory
Flexibility Analysis section.
Initial Regulatory Flexibility Analysis
This Initial Regulatory Flexibility Analysis (IRFA) was prepared
for this proposed rule, as required by Section 603 of the Regulatory
Flexibility Act (RFA) (5 U.S.C. 603), to describe the economic impact
this proposed rule, if adopted, would have on small entities. The IRFA
describes the action; the reasons why this proposed rule is proposed;
the objectives and legal basis for this proposed rule; the number and
description of directly regulated small entities to which this proposed
rule would apply; the recordkeeping, reporting, and other compliance
requirements of this proposed rule; and the relevant Federal rules that
may duplicate, overlap, or conflict with this proposed rule. The
description of the proposed action, its purpose, and the legal basis
are explained in the preamble and are not repeated here.
For RFA purposes only, NMFS has established a small business size
standard for businesses, including their affiliates, whose primary
industry is commercial fishing (see 50 CFR 200.2). A business primarily
engaged in commercial fishing (NAICS code 11411) is classified as a
small business if it is independently owned and operated, is not
dominant in its field of operation (including its affiliates), and has
combined annual receipts not in excess of $11 million for all its
affiliated operations worldwide.
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Number and Description of Small Entities Regulated by This Proposed
Rule
This proposed rule would directly regulate the owners and operators
of vessels that harvest halibut IFQ in IFQ Areas 4A, 4B, 4C, or 4D. As
of 2020 (the most recent year of gross revenue data), there were 99
unique vessels that harvested halibut IFQ in IFQ Areas 4A, 4B, 4C, or
4D. Based on average annual gross revenue data, including affiliations,
all but one of these vessels that landed halibut in 2020 are considered
small entities based on the applicable $11 million threshold.
Additional details are included in Sections 2.9 in the Analysis
prepared for this proposed rule (see ADDRESSES).
Impacts of This Action on Small Entities
This action could better facilitate harvest of IFQ in Area 4 in
fishing season 2022. Although it is difficult to discern the entire
scope of impact of the regulatory exemptions implemented for the 2020
and 2021 IFQ seasons, harvest rates achieved in 2020 and 2021 relative
to prior years (2006-2019) indicate the regulatory flexibilities
implemented in 2020 and 2021 (both the temporary transfer provisions as
well the vessel use cap exemption) had some positive impact on the
harvest rates, as described in Section 2.7 of the Analysis (See
ADDRESSES).
Description of Significant Alternatives That Minimize Adverse Impacts
on Small Entities
The RFA requires identification of any significant alternatives to
the proposed rule that accomplish the stated objectives of the proposed
action, consistent with applicable statutes, and that would minimize
any significant economic impact of the proposed rule on small entities.
The Council requested one action alternative. No other alternatives
were considered. Additionally, NMFS did not identify other action
alternatives that would provide the same level of flexibility that was
requested by the Council within the requested expedited timeframe.
Further, this action is the same as the action implemented 2021 and
similar to the action implemented in 2020. In consideration of the
Council's request, NMFS analyzed the impacts of the action alternative
compared to the status quo.
The status quo alternative would retain the existing vessel use cap
restrictions as defined under 50 CFR 679.42(h). It is possible that
existing vessel use caps regulations under the status quo may increase
the likelihood that some of the annual halibut allocation is left
unharvested in Area 4.
The action alternative would remove limits on the maximum amount of
halibut IFQ that may be harvested by a vessel in IFQ regulatory Areas
4A, 4B, 4C, and 4D. The action alternative and the regulations proposed
by this action would provide additional flexibility to IFQ participants
in 2022 to ensure allocations of halibut IFQ can be harvested by the
limited number of vessels operating in these Areas. However, if this
temporary flexibility is implemented for 2022, this may result in a
reduction in crew jobs and opportunities for new entrants in Areas 4A,
4B, 4C, and 4D. Additionally, if there are fewer participants in the
fishery, it is possible that landings could consolidate to fewer
processors and communities depending on landing location and historic
harvester-processor relationships.
Duplicate, Overlapping, or Conflicting Federal Rules
NMFS has not identified any duplication, overlap, or conflict
between this proposed rule and existing Federal rules.
Recordkeeping, Reporting, and Other Compliance Requirements
This action does not contain additional recordkeeping, reporting,
or other compliance requirements.
Collection-of-Information Requirements
This proposed rule contains no information collection requirements
under the Paperwork Reduction Act of 1995.
List of Subjects in 50 CFR Part 679
Alaska, Fisheries, Reporting and recordkeeping requirements.
Dated: April 13, 2022.
Samuel D. Rauch, III,
Deputy Assistant Administrator for Regulatory Programs, National Marine
Fisheries Service.
For the reasons set out in the preamble, 50 CFR part 679 is
proposed to be amended as follows:
PART 679--FISHERIES OF THE EXCLUSIVE ECONOMIC ZONE OFF ALASKA
0
1. The authority citation for 50 CFR part 679 continues to read as
follows:
Authority: 16 U.S.C. 773 et seq.; 1801 et seq.; 3631 et seq.;
Pub. L. 108-447; Pub. L. 111-281.
0
2. In Sec. 679.42, add paragraph (h)(1)(iii) to read as follows:
Sec. 679.42 Limitations on use of QS and IFQ.
* * * * *
(h) * * *
(1) * * *
(iii) Notwithstanding the vessel use caps specified in paragraphs
(h)(1) introductory text and (h)(1)(ii) of this section, vessel use
caps do not apply to vessels harvesting IFQ halibut in IFQ regulatory
Areas 4A, 4B, 4C, and 4D during the 2022 IFQ fishing year. Harvest of
IFQ halibut in regulatory Areas 4A, 4B, 4C, and 4D is excluded from the
calculation of vessel use caps for IFQ regulatory Areas 2C, 3A, or 3B
during the 2022 IFQ fishing year.
* * * * *
[FR Doc. 2022-08278 Filed 4-18-22; 8:45 am]
BILLING CODE 3510-22-P
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</html>Indexed from Federal Register on April 19, 2022.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.