Proposed Rule2022-15889
Pacific Halibut Fisheries; Catch Sharing Plan
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
July 26, 2022
Issuing agencies
Commerce DepartmentNational Oceanic and Atmospheric Administration
Abstract
Under the authority of the Northern Pacific Halibut Act of 1982, this action would create a permitting system for the Pacific halibut commercial and recreational charter halibut fisheries in International Pacific Halibut Commission (IPHC) Regulatory Area 2A off of Washington, Oregon, and California. In addition, this action would establish a regulatory framework for the Area 2A Pacific halibut directed commercial fishery that, consistent with the allocations and coastwide season dates set by the IPHC, allows NMFS to annually determine dates and times the fishery is open and set harvest limits for those periods of time. These permitting and management activities for Area 2A are currently performed by the IPHC; under this proposed rule, NMFS will implement these Area 2A-specific permitting and management activities.
Full Text
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<title>Federal Register, Volume 87 Issue 142 (Tuesday, July 26, 2022)</title>
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[Federal Register Volume 87, Number 142 (Tuesday, July 26, 2022)]
[Proposed Rules]
[Pages 44318-44325]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-15889]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 300
[Docket No. 220720-0160]
RIN 0648-BK93
Pacific Halibut Fisheries; Catch Sharing Plan
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Proposed rule.
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SUMMARY: Under the authority of the Northern Pacific Halibut Act of
1982, this action would create a permitting system for the Pacific
halibut commercial and recreational charter halibut fisheries in
International Pacific Halibut Commission (IPHC) Regulatory Area 2A off
of Washington, Oregon, and California. In addition, this action would
establish a regulatory framework for the Area 2A Pacific halibut
directed commercial fishery that, consistent with the allocations and
coastwide season dates set by the IPHC, allows NMFS to annually
determine dates and times the fishery is open and set harvest limits
for those periods of time. These permitting and management activities
for Area 2A are currently performed by the IPHC; under this proposed
rule, NMFS will implement these Area 2A-specific permitting and
management activities.
DATES: Comments must be received on or before August 25, 2022.
ADDRESSES: You may submit comments on this document, identified by
NOAA-NMFS-2020-0090, 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-2020-0090 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 Scott Rumsey, c/o Kathryn
Blair, West Coast Region, NMFS, 1201 NE Lloyd Blvd., Suite 1100,
Portland, OR 97232.
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.),
[[Page 44319]]
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).
Written comments regarding the burden-hour estimates or other
aspects of the collection-of-information requirements contained in this
proposed rule may be submitted at the following website:
<a href="http://www.reginfo.gov/public/do/PRAMain">www.reginfo.gov/public/do/PRAMain</a>.
FOR FURTHER INFORMATION CONTACT: Joshua Lindsay, phone: 562-980-4034,
fax: 562-980-4018, or email: <a href="/cdn-cgi/l/email-protection#dbb1b4a8b3aebaf5b7b2b5bfa8baa29bb5b4babaf5bcb4ad"><span class="__cf_email__" data-cfemail="e3898c908b9682cd8f8a8d8790829aa38d8c8282cd848c95">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
Background
The Northern Pacific Halibut Act of 1982 (Halibut Act), 16 U.S.C.
773-773k, gives the Secretary of Commerce (Secretary) general
responsibility for implementing the provisions of the Convention
between Canada and the United States for the Preservation of the
Halibut Fishery of the North Pacific Ocean and Bering Sea (Halibut
Convention), signed at Ottawa, Ontario, on March 2, 1953, as amended by
a Protocol Amending the Convention (signed at Washington, DC, on March
29, 1979). The Halibut Act requires that the Secretary shall adopt
regulations as may be necessary to carry out the purposes and
objectives of the Halibut Convention and Halibut Act. 16 U.S.C. 773c.
The Assistant Administrator for Fisheries, National Oceanic and
Atmospheric Administration (NOAA), on behalf of the IPHC, publishes
annual management measures governing the Pacific halibut fishery that
have been recommended by the IPHC and accepted by the Secretary of
State, with concurrence from the Secretary of Commerce. These
management measures include coastwide and area-specific mortality
limits (also known as allocations and subarea allocations), coastwide
season dates, gear restrictions, Pacific halibut size limits for
retention, and logbook requirements, among others. The IPHC apportions
allocations for the Pacific halibut fishery among regulatory areas:
Area 2A (Washington, Oregon, and California), 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
5 areas, 4A through 4E, in the Bering Sea and Aleutian Islands of
Western Alaska).
Additionally, as provided in the Halibut Act, the Regional Fishery
Management Councils having authority for the geographic area concerned
may develop, and the Secretary of Commerce may implement, regulations
governing harvesting privileges among U.S. fishermen in U.S. waters
that are in addition to, and not in conflict with, approved IPHC
regulations (16 U.S.C. 773c(c)). The Pacific Fishery Management Council
(Council) has exercised this authority by developing a catch sharing
plan guiding the allocation of halibut, and management of recreational
(or sport) fisheries for the IPHC's regulatory Area 2A. The Council's
Catch Sharing Plan guides tribal, non-tribal commercial, and
recreational halibut fishing off the U.S. west coast by prescribing an
allocation formula for the allowable catch, and by describing the
general season structure of the fisheries. Since 1988, the National
Marine Fisheries Service (NMFS) has approved Catch Sharing Plans and
implemented annual regulations consistent with the Catch Sharing Plans
that allocate the IPHC regulatory Area 2A Pacific halibut allocation
between tribal and non-tribal, and commercial and recreational
harvesters. In 1995, NMFS approved a Council-recommended, long-term
Catch Sharing Plan (60 FR 14651, March 20, 1995). The Council has
recommended and NMFS has approved adjustments to the Catch Sharing Plan
each year after discussion at the September and November Council
meetings to address the changing needs of these fisheries. In addition,
each year NMFS issues management measures to govern the recreational
fishery (50 CFR 300.63(b)(1)). These measures include the recreational
fishery seasons, allocations, closed areas, and bag limits for Area 2A.
Currently, the IPHC regulates and manages certain aspects of the
commercial and recreational charter fisheries in Area 2A. As required
under IPHC regulations, in order for a vessel to fish for Pacific
halibut in Area 2A, either in the recreational charter fishery or the
commercial fishery, the vessel must have a permit issued by the IPHC.
(The term `permit' is synonymous with `license.' IPHC documents
generally use `license' and NMFS in this rule uses `permit.')
Specifically, the IPHC issues permits for Area 2A vessels participating
in the recreational charter fishery and three non-tribal commercial
fisheries: a directed commercial fishery, incidental catch of Pacific
halibut in the West Coast sablefish fishery, and incidental catch of
Pacific halibut in the West Coast salmon troll fishery. In addition,
the IPHC sets management measures for the non-tribal directed
commercial Pacific halibut fishery (directed commercial fishery),
including fishing periods and associated fishing period limits which
are announced via IPHC media releases. A fishing period is the period
of time during the annual halibut season set by the IPHC when fishing
for Pacific halibut is allowed and may span multiple days. A fishing
period limit is the maximum amount of Pacific halibut that may be
retained and landed by a vessel during one fishing period, and each
vessel may only retain Pacific halibut up to the fishing period limit
for its vessel class.
As part of this process, the IPHC sets an initial fishing period
and fishing period limit in Area 2A for the directed commercial fishery
and, if the IPHC determines that the directed commercial fishery
allocation for Area 2A has not been exceeded or is not projected to be
exceeded after the first fishing period, announces subsequent fishing
periods and associated fishing period limits until the Area 2A
allocation is or is projected to be reached. Over the last ten years,
the number of fishing periods per year has varied between two and five
fishing periods. The fishing season for the directed commercial fishery
typically operates from late June through August, with fishing periods
every other week until the Area 2A directed commercial fishery
allocation has been or is projected to be reached. In the past six
years (2016-2021), all but one year had three fishing periods; in 2020
there were five fishing periods. Between 2016 and 2021, the directed
commercial allocation in Area 2A has ranged between 193,364 and 256,122
lb. (87.71 and 116.18 mt), and the IPHC set fishing periods and fishing
period limits to remain within this allocation. As described
previously, the Area 2A allocation is determined on an annual basis by
the IPHC and may vary from year to year; therefore the directed
commercial allocation, as derived through the Catch Sharing Plan's
allocation framework, may vary on an annual basis. For most fishing
periods during the 2016-2021 seasons, limits were generally set in
ascending order, with smaller vessels receiving a lower limit and
larger vessels receiving a higher limit. During the past six years,
IPHC set one fishing period where all vessel classes were subject to
the same fishing period limit. Prior to 2020, fishing periods were 10
hours, and, when setting limits, the IPHC considered the feasibility of
a vessel achieving the fishing period limit within this duration of
time. The fishing periods were extended to 58 hours
[[Page 44320]]
starting in 2020, after a recommendation from the Council to the IPHC
and subsequent approval by NMFS, and the IPHC began to set limits under
the assumption that more vessels would fish for and achieve the fishing
period limit given the extended time for fishing.
Under this proposed action, NMFS would carry out some of the
previously mentioned management activities currently conducted by the
IPHC. Specifically, NMFS would assume responsibility for issuing
vessels permits to fish for Pacific halibut in commercial and
recreational charter fisheries in Area 2A, and for issuing annual
management measures for the directed commercial fishery. These actions
would be in addition to actions NMFS already undertakes such as issuing
annual management measures for the Area 2A recreational fisheries
(applicable to both charter and private anglers), consistent with the
recommendations from the Council and the framework in the Council's
Catch Sharing Plan.
Between 2017 and 2019, NMFS, the IPHC, and the Council discussed
transitioning specific management activities of the Area 2A fishery
from IPHC to NMFS as NMFS and the Council were seen as being able to
better address the overlap of Pacific halibut management with domestic
fisheries (e.g., groundfish and salmon). At the June 2019 Council
meeting, IPHC, NMFS, and the Council agreed to move forward with this
transition, with a goal of completing the transition as expeditiously
as possible, while maintaining the current management process and
structure to minimize disruption in fishery operations. The Council
heard public and industry perspectives on the transition of management
of the Area 2A commercial halibut fisheries from IPHC to NMFS at its
March, September, and November 2020 meetings. In developing this rule,
NMFS took into account recommendations from the Council finalized at
their November 2020 meeting.
The Council recommended NMFS adopt several permit management
measures: issuing permits for all fisheries currently permitted by the
IPHC, consisting of the directed, incidental sablefish and salmon
commercial fisheries, and recreational charter vessels; setting permit
application deadlines; and requiring proof of permit to be on the
fishing vessel and made readily available upon request, regardless of
the type of permit (i.e., paper or electronic). NMFS considered these
recommendations in proposing this rule.
During these Council discussions, the Council also noted that their
intention was to continue to discuss directed commercial fishery
management for upcoming fishing seasons during its September and
November meetings, which are the same meetings during which the Council
had previously developed recommendations for the IPHC on the directed
commercial fishery, and during which it currently considers
recommendations for the Area 2A recreational fishery and other
recommendations to the IPHC.
Permitting for Commercial and Recreational Charter Vessels
Currently, no person shall fish for Pacific halibut from a vessel,
nor possess Pacific halibut on board a vessel, used either for
commercial fishing or as a charter vessel in Area 2A, unless the IPHC
has issued a permit valid for fishing in Area 2A to that vessel. Under
this proposed rule, NMFS would maintain this requirement for vessels to
obtain a permit and would implement a NMFS permitting process. The IPHC
issues permits for Area 2A fisheries through a website application and
sets permit application deadlines to allow for processing and
distribution of permits that aligns with start dates of the incidental
and directed commercial fisheries. Under this action, NMFS proposes to
use a web-based application with digital submission and delivery of the
permit applications and proposes to allow participants to provide
either digital or paper proof of permit upon request. Prior to 2020,
only the official paper permit mailed by the IPHC to the applicant was
allowed for enforcement purposes; after Council discussion with
industry and enforcement representatives, the Council recommended that
either digital or paper permits are acceptable, as there are no
enforcement concerns with either format. NMFS is proposing applications
for permits to fish for halibut in Area 2A be required to be submitted
by the following dates: (1) incidental salmon fishery permit
applications by March 1; (2) incidental sablefish fishery permit
applications by March 1; (3) directed commercial fishery permit
applications by February 15; and (4) recreational charter vessel
applications 15 days prior to participation in the fishery.
NMFS notes that the permit application deadlines for the incidental
salmon and sablefish fisheries are two weeks earlier than the same
deadlines required by the IPHC (prior to 2020, the incidental sablefish
permit deadline was March 15), and are one month before the fisheries
open on April 1. The proposed deadline for the directed commercial
fishery permit applications is over two months earlier than the
existing IPHC deadline for this fishery. The earlier application
deadlines will ensure adequate time for NMFS to issue permits in
advance of the fishery season start dates and consider the number of
applications when determining fishing period limits for the directed
commercial fishery. NMFS will issue permits for all applications
submitted with the required information and by the applicable deadline
under this action. NMFS intends to require application information in
addition to what the IPHC requires; specifically, those applying for
directed commercial fishery permits must provide vessel length
documentation from either the U.S. Coast Guard, state registration
form, or a current marine survey. Fishery participants must obtain a
new permit each year in order to participate in the Pacific halibut
commercial and recreational charter fisheries in Area 2A.
The Regional Administrator may charge fees to cover administrative
expenses related to processing and issuance of permits, processing
change in ownership or change in vessel registration, divestiture, and
appeals of permits. The amount of the fee would be determined in
accordance with the NOAA Finance Handbook available at (<a href="https://www.corporateservices.noaa.gov/finance/documents/NOAAFinanceHBTOC_09.06.19.pdf">https://www.corporateservices.noaa.gov/finance/documents/NOAAFinanceHBTOC_09.06.19.pdf</a>) and specified on the application form.
The fee may not exceed the administrative costs and must be submitted
with the application for the application to be considered complete.
Directed Commercial Fishery
The non-tribal directed commercial Pacific halibut fishery is
prosecuted in the area south of Point Chehalis, WA (46[deg]53.30' N
lat.). As discussed previously, the IPHC currently manages the fishery
through a series of fishing periods with fishing period limits based on
the directed commercial fishery allocation distributed by vessel class.
The IPHC permit application deadline for this fishery is currently
April 30 and the first fishing period limits are announced by the IPHC
in mid-to-late May, in advance of the first fishing period (which
historically has occurred in late June). This fishery typically
operates from late June through August, with fishing periods every
other week until the Area 2A directed commercial fishery allocation has
been or is projected to be reached. The IPHC uses fishing period limits
based on vessel class and the number of permits issued
[[Page 44321]]
to help the fishery attain the Area 2A directed commercial fishery
allocation while ensuring it is not exceeded. Under this proposed
action, NMFS, instead of the IPHC, would implement annual management
measures for the directed commercial fishery. Specifically, NMFS will
implement directed commercial fishing period(s) and fishing period
limits annually through annual proposed and final rules published in
the Federal Register to ensure the directed commercial fishery
allocation is not exceeded.
NMFS will consider any Council recommendations for the annual
management measures, as well as public comments received on the
proposed rule, when it implements fishing periods, fishing period
limits, and any other directed commercial management measures. As noted
previously, the Council has stated its intent to develop
recommendations on annual directed fishery measures (e.g., timing and
duration of the fishing periods) through the same September and
November meeting process currently utilized to provide recommendations
to the IPHC at its annual meeting.
NMFS will determine directed commercial management measures,
including fishing periods and fishing period limits, using similar
decision criteria as the IPHC has used to set fishing periods and
fishing period limits. The annual rulemaking process may include the
announcement of more than one fishing period. In determining fishing
period limits, NMFS will consider the directed commercial allocation,
vessel class, the number of fishery permit applicants and projected
number of participants per vessel class, the average catch of vessels
compared to past fishing period limits, and other relevant factors. As
the IPHC has done, in setting vessel limits NMFS will take into account
the fact that smaller vessels are able to carry less gear and hold
fewer Pacific halibut than larger vessels. The intent of these fishing
period limits is to ensure that the Area 2A commercial directed fishery
does not exceed the directed commercial allocation, while attempting to
provide fair and equitable access across participants to an attainable
amount of harvest.
As noted previously, NMFS is proposing a permit application
deadline for the directed commercial fishery of February 15, which is
over two months earlier than the date used by the IPHC. NMFS is
proposing this earlier deadline to ensure that directed commercial
fishery management measures are in place prior to the initial fishing
period(s), traditionally opening in late June. The timing for the
annual management measures rule with directed commercial management
measures will allow for consideration of any Council recommendations
that take place at the September and November meetings, public comments
by stakeholders, and the Area 2A catch limit recommendation from the
IPHC annual meeting. NMFS intends to annually publish a proposed rule
after the Area 2A directed commercial allocation is determined by the
IPHC (usually in late January or early February), and will publish a
final rule as far in advance of the first directed commercial fishing
period as practicable.
During the annual fishing season NMFS may establish additional
fishing periods beyond those implemented at the start of the fishing
year. For example, if, after the initial directed commercial fishing
period(s), the fishery has not attained nor is projected to have
attained the directed commercial allocation, NMFS will determine
whether additional fishing period(s) are warranted. The decision to add
fishing periods in addition to what was published as part of the annual
rule establishing the season's management measures will be based on
landings information from state fish tickets collected from the initial
fishing period(s), and the dual objectives of providing additional
opportunity to fishery participants while limiting the risk of
exceeding the directed commercial allocation. As soon as practicable
after the fishing periods announced in the annual management measures
rule have occurred and after analyzing landings data, if the Regional
Administrator determines that enough allocation remains to provide
additional opportunity across all participants and vessel classes,
additional fishing period(s) and applicable fishing period limits will
be announced in the Federal Register. In the event NMFS takes this
inseason action to add additional fishing period(s), fishing period
limits will not vary across vessel class and instead will be set at the
same amount for each vessel class. Generally, fewer vessels participate
in each fishing period as the season progresses (the first fishing
period has the highest level of participation and most pounds landed,
followed by the second fishing period, etc.). For its inseason
management, NMFS is proposing to set vessel limits equal across all
size classes when additional fishing periods are determined to be
warranted, because the number of vessels participating in each vessel
class varies by fishing period and is not the same across years, and
participants may choose to engage in any fishing period; thus there is
a high degree of uncertainty in the number of participants per vessel
class.
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, 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 having authority for 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 rule has been determined to be not significant for
purposes of Executive Order 12866.
The Chief Counsel for Regulation of the Department of Commerce
certified to the Chief Counsel for Advocacy of the Small Business
Administration that this proposed rule, if adopted, would not have a
significant economic impact on a substantial number of small entities,
for the following reasons:
For Regulatory Flexibility Act (RFA) purposes only, NMFS has
established a small business size standard for businesses, including
their affiliates. A business primarily engaged in commercial fishing
(North American Industry Classification System (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 (80 FR 81194,
December 29, 2015). Previous analyses determined that charterboats are
also small businesses (see 77 FR 5477 (February 3, 2012) and 76 FR 2876
(January 18, 2011)). Charter fishing operations are classified under
NAICS code 487210, with a corresponding Small Business Association size
standard of $7.5 million in annual receipts.
This action would create a permitting system for the Pacific
halibut commercial and recreational charter halibut fisheries in Area
2A off of Washington, Oregon, and California. In addition, this action
would establish a regulatory framework for the Area 2A Pacific halibut
directed commercial fishery that, consistent with the coastwide season
dates set by the IPHC, allows NMFS to annually determine
[[Page 44322]]
dates and times the fishery is open, fishing period limits, and a
process to manage the fishery inseason. The proposed action was
developed with input by industry, the public, and the IPHC, and was
uncontroversial throughout the Council's public process.
In 2021, the IPHC issued 527 licenses to the recreational charter
and commercial fleets for Area 2A. The IPHC issued 93 permits for
recreational charter fishery, 190 permits for the directed commercial
fishery, 44 permits for incidental commercial Pacific halibut caught in
the sablefish, and 200 permits for incidental commercial Pacific
halibut caught in the salmon troll fishery. Each affected vessel in
these fisheries is a small business, and this proposed rule is
considered to equally affect all of these small entities in the same
manner, since all vessels participating in these Pacific halibut
fisheries are required to have a permit. Additionally, since all
vessels in the directed commercial fishery are small businesses, they
would be equally affected by the regulatory framework and resulting
management measures. Therefore, this rule would not create
disproportionate costs between small and large vessels because there
are no large entities involved in the halibut fisheries off of the West
Coast.
The major impact of halibut management on small entities results
from the annual IPHC catch limits for the fishery as a whole and for
each IPHC regulatory area, determined independently from this proposed
action. Profitability is more heavily influenced by the catch limit
decision made by the IPHC, with sector and subarea allocations
determined based on the Catch Sharing Plan framework and the allocation
formula recommended by the Council. This proposed rule is unlikely to
affect overall participation in the directed commercial fishery, since
this action would maintain a permit requirement. This action is also
unlikely to change the profitability in the commercial and recreational
charter fisheries, since profitability is dependent on the amount of
allocation available and market forces independent of this action.
Therefore, this action will equally impact all vessels in both
commercial and recreational charter fisheries, and these revisions will
not significantly reduce profit for a substantial number of small
entities.
For these reasons, NMFS concludes that the proposed action, if
adopted, will not have a significant economic impact on a substantial
number of small entities. As a result, an initial regulatory
flexibility analysis is not required, and none has been prepared.
This proposed rule contains a collection-of-information requirement
subject to review and approval by the Office of Management and Budget
(OMB) under the Paperwork Reduction Act (PRA). This rule proposes to
revise the existing requirements for the collection of information
titled ``Northwest Region Federal Fisheries Permits'' (OMB Control
Number 0648-0203) by adding a Pacific halibut permit for recreational
charter fisheries and a Pacific halibut permit for the commercial
fishery. This change will increase the number of respondents for this
collection by 550 respondents annually. It will also increase the cost
of the collection by $29,150. Public reporting burden for the Pacific
halibut permits is estimated to average 20 minutes per respondent,
including the time for reviewing instructions, searching existing data
sources, gathering and maintaining the data needed, and completing and
reviewing the collection of information.
Public comment is sought regarding: whether this proposed
collection of information is necessary for the proper performance of
the functions of the agency, including whether the information shall
have practical utility; the accuracy of the burden estimate; ways to
enhance the quality, utility, and clarity of the information to be
collected; and ways to minimize the burden of the collection of
information, including through the use of automated collection
techniques or other forms of information technology. Submit comments on
these or any other aspects of the collection of information at
<a href="http://www.reginfo.gov/public/do/PRAMain">www.reginfo.gov/public/do/PRAMain</a>. Find this particular information
collection by selecting ``Currently under Review'' or by using the
search function and entering the control number or title of the
collection.
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 Part 300
Administrative practice and procedure, Antarctica, Canada, Exports,
Fish, Fisheries, Fishing, Imports, Indians, Labeling, Marine resources,
Reporting and recordkeeping requirements, Russian Federation,
Transportation, Treaties, Wildlife.
Dated: July 20, 2022.
Kimberly Damon-Randall,
Acting Deputy Assistant Administrator for Regulatory Programs, National
Marine Fisheries Service.
For the reasons set out in the preamble, 50 CFR part 300, subpart
E, is proposed to be amended as follows:
PART 300--INTERNATIONAL FISHERIES REGULATIONS
Subpart E--Pacific Halibut Fisheries
0
1. The authority citation for part 300, subpart E, continues to read as
follows:
Authority: 16 U.S.C. 773-773k.
0
2. In Sec. 300.61, add definitions for ``Fishing period,'' ``Fishing
period limit,'' ``Permit,'' ``Vessel class'' in alphabetical order to
read as follows:
Sec. 300.61 Definitions.
* * * * *
Fishing period means, for purposes of commercial fishing in
Commission regulatory Area 2A, dates and/or hours when fishing for
Pacific halibut in Area 2A is allowed.
Fishing period limit means, for purposes of commercial fishing in
Commission regulatory Area 2A, the maximum amount of Pacific halibut
that may be retained and landed by a vessel during one fishing period
in Area 2A.
* * * * *
Permit means, for purposes of commercial fishing in Commission
regulatory Area 2A, a Pacific halibut fishing permit for Area 2A issued
by NMFS pursuant to Sec. 300.63(f).
* * * * *
Vessel class means, for purposes of commercial fishing in
Commission regulatory Area 2A, a group of vessels within a specific
range of overall length (in feet) (46 CFR 69.9), as designated by the
letter A-H pursuant to Sec. 300.63(g).
0
3. In Sec. 300.63, add paragraphs (f) and (g) to read as follows:
Sec. 300.63 Catch sharing plan and domestic management measures in
Area 2A.
* * * * *
(f) Pacific Halibut Permits for IPHC Regulatory Area 2A--(1)
General. (i) This section applies to persons and vessels that fish for
Pacific halibut, or land and retain Pacific halibut, in IPHC Regulatory
Area 2A. No person shall fish for Pacific halibut from a vessel, nor
land or retain Pacific halibut on board a vessel, used either for
commercial fishing or as a recreational charter vessel in IPHC
Regulatory Area 2A, unless the NMFS West Coast Region has issued a
permit valid for fishing in IPHC Regulatory Area 2A for that vessel.
[[Page 44323]]
(ii) A permit issued for a vessel operating in the Pacific halibut
fishery in IPHC Regulatory Area 2A shall be valid for one of the
following, per paragraph (d) of this section:
(A) The incidental catch during the salmon troll fishery specified
in paragraph (b)(2) of this section;
(B) The incidental catch during the sablefish fishery specified in
paragraph (b)(3) of this section;
(C) The non-tribal directed commercial fishery during the fishing
periods specified in paragraph (g)(1) of this section;
(D) Both the incidental catch during the sablefish fishery
specified in paragraph (b)(3) of this section and the non-tribal
directed commercial fishery during the fishing periods specified in
paragraph (g)(1) of this section; or
(E) The recreational charter fishery.
(iii) A permit issued under paragraph (f) of this section is valid
only for the vessel for which it is registered. A change in ownership,
documentation, or name of the registered vessel, or transfer of the
ownership of the registered vessel will render the permit invalid.
(iv) A vessel owner must contact NMFS if the vessel for which the
permit is issued is sold, ownership of the vessel is transferred, the
vessel is renamed, or any other reason for which the documentation of
the vessel is changed as the change would invalidate the current
permit. A new permit application is required if there is a change in
any documentation of the vessel. To submit a new permit application
follow the procedures outlined under paragraph (f)(2) of this section.
If the documentation of the vessel is changed after the deadline to
apply for a permit has passed as described at paragraph (f)(2)(ii) of
this section, the vessel owner may contact NMFS and provide information
on the reason for the documentation change and all permit application
information described at paragraph (f)(2) of this section. NMFS may
issue a permit, or decline to issue a permit and the applicant may
appeal per paragraph (f)(3) of this section.
(v) A permit issued under paragraph (f) of this section must be
carried on board that vessel at all times and the vessel operator shall
allow its inspection by any authorized officer. The format of this
permit may be electronic or paper.
(vi) No individual may alter, erase, mutilate, or forge any permit
or document issued under this section. Any such permit or document that
is intentionally altered, erased, mutilated, or forged is invalid.
(vii) Permits issued under paragraph (f) of this section are valid
only during the calendar year (January 1-December 31) for which it was
issued.
(viii) NMFS may suspend, revoke, or modify any permit issued under
this section under policies and procedures in title 15 of the U.S.
Code, 15 CFR part 904, or other applicable regulations in this chapter.
(2) Applications--(i) Application form. To obtain a permit, an
individual must submit a complete permit application to the NMFS West
Coast Region Sustainable Fisheries Division (NMFS) through the NOAA
Fisheries Pacific halibut web page at [web address will be provided
when the final rule is published]. A complete application consists of:
(A) An application form that contains valid responses for all data
fields, including information and signatures.
(B) A current copy of the U.S. Coast Guard Documentation Form or
state registration form or current marine survey.
(C) Payment of required fees as discussed in paragraph (f)(2)(iv)
of this section.
(D) Additional documentation NMFS may require as it deems necessary
to make a determination on the application.
(ii) Deadlines. (A) Applications for permits for the directed
commercial fishery in Area 2A must be received by NMFS no later than
2359 PST on February 15, or by 2359 PST the next business day in
February if February 15 is a Saturday, Sunday, or Federal holiday.
(B) Applications for permits which allow for incidental catch of
Pacific halibut during the salmon troll fishery and the sablefish
primary fishery in Area 2A must be received by NMFS no later than 2359
PST March 1, or by 2359 PST the next business day in March if March 1
is a Saturday, Sunday, or Federal holiday.
(C) Applications for permits for recreational charter vessels which
allow for catch of Pacific halibut during the recreational fishery must
be received a minimum of 15 days before intending to participate in the
fishery, to allow for processing the permit application.
(iii) Application review and approval. NMFS shall issue a vessel
permit upon receipt of a completed permit application submitted on the
NOAA Fisheries website no later than the day before the start date of
the fishery the applicant selected. If the application is not approved,
NMFS will issue an initial administrative decision (IAD) that will
explain the denial in writing. The applicant may appeal NMFS'
determination following the process at paragraph (f)(3) of this
section. NMFS will decline to act on a permit application that is
incomplete or if the vessel or vessel owner is subject to sanction
provisions of the Magnuson-Stevens Act at 16 U.S.C. 1858(a) and
implementing regulations at 15 CFR part 904, subpart D.
(iv) Permit fees. The Regional Administrator may charge fees to
cover administrative expenses related to processing and issuance of
permits, processing change in ownership or change in vessel
registration, divestiture, and appeals of permits. The amount of the
fee is determined in accordance with the procedures of the NOAA Finance
Handbook for determining administrative costs. Full payment of the fee
is required at the time a permit application is submitted.
(3) Appeals. In cases where the applicant disagrees with NMFS's
decision on a permit application, the applicant may appeal that
decision to the Regional Administrator. This paragraph (f)(3) describes
the procedures for appealing the IAD on permit actions made in this
title under this subpart.
(i) Who may appeal? Only an individual who received an IAD that
disapproved any part of their application may file a written appeal.
For purposes of this section, such individual will be referred to as
the ``permit applicant.''
(ii) Appeal process. (A) The appeal must be in writing, must allege
credible facts or circumstances to show why the criteria in this
subpart have been met, and must include any relevant information or
documentation to support the appeal. The permit applicant may request
an informal hearing on the appeal.
(B) Appeals must be mailed or faxed to: National Marine Fisheries
Service, Northwest Region, Sustainable Fisheries Division, ATTN:
Appeals, 7600 Sand Point Way NE, Seattle, WA 98115; Fax: 206-526-6426;
or delivered to National Marine Fisheries Service at the same address.
(C) Upon receipt of an appeal authorized by this section, the
Regional Administrator will notify the permit applicant, and may
request additional information to allow action on the appeal.
(D) Upon receipt of sufficient information, the Regional
Administrator will decide the appeal in accordance with the permit
provisions set forth in this section at the time of the application,
based upon information relative to the application on file at NMFS and
any additional information
[[Page 44324]]
submitted to or obtained by the Regional Administrator, the summary
record kept of any hearing and the hearing officer's recommended
decision, if any, and such other considerations as the Regional
Administrator deems appropriate. The Regional Administrator will notify
all interested persons of the decision, and the reasons for the
decision, in writing, normally within 30 days of the receipt of
sufficient information, unless additional time is needed for a hearing.
(E) If a hearing is requested, or if the Regional Administrator
determines that one is appropriate, the Regional Administrator may
grant an informal hearing before a hearing officer designated for that
purpose after first giving notice of the time, place, and subject
matter of the hearing to the applicant. The appellant, and, at the
discretion of the hearing officer, other interested persons, may appear
personally or be represented by counsel at the hearing and submit
information and present arguments as determined appropriate by the
hearing officer. Within 30 days of the last day of the hearing, the
hearing officer shall recommend in writing a decision to the Regional
Administrator.
(F) The Regional Administrator may adopt the hearing officer's
recommended decision, in whole or in part, or may reject or modify it.
In any event, the Regional Administrator will notify interested persons
of the decision, and the reason(s) therefore, in writing, within 30
days of receipt of the hearing officer's recommended decision. The
Regional Administrator's decision will constitute the final
administrative action by NMFS on the matter.
(iii) Timing of appeals. (A) For permit issued under paragraph (f)
of this section, if an applicant appeals an IAD, the appeal must be
postmarked, faxed, or hand delivered to NMFS no later than 60 calendar
days after the date on the IAD. If the applicant does not appeal the
IAD within 60 calendar days, the IAD becomes the final decision of the
Regional Administrator acting on behalf of the Secretary of Commerce.
(B) Any time limit prescribed in this section may be extended for a
period not to exceed 30 days by the Regional Administrator for good
cause, either upon his or her own motion or upon written request from
the appellant stating the reason(s) therefore.
(iv) Address of record. For purposes of the appeals process, NMFS
will establish as the address of record, the address used by the permit
applicant in initial correspondence to NMFS. Notifications of all
actions affecting the applicant after establishing an address of record
will be mailed to that address, unless the applicant provides NMFS, in
writing, with any changes to that address. NMFS bears no responsibility
if a notification is sent to the address of record and is not received
because the applicant's actual address has changed without notification
to NMFS.
(v) Status of permits pending appeal. (A) For all permit actions,
the permit registration remains as it was prior to the request until
the final decision has been made.
(B) [Reserved]
(g) Non-tribal directed commercial fishery management. Each year a
portion of Area 2A's overall fishery limit is allocated consistent with
the Pacific Fishery Management Council's Catch Sharing Plan to the non-
tribal directed commercial fishery and published pursuant to Sec.
300.62. The non-tribal directed commercial fishery takes place in the
area south of Point Chehalis, WA (46[deg]53.30' N lat.).
(1) Management measures. Annually, NMFS will determine and publish
in the Federal Register annual management measures for the upcoming
fishing year for the non-tribal directed commercial fishery. This will
include dates and lengths for the fishing periods for the Area 2A non-
tribal directed commercial fishery, as well as the associated fishing
period limits.
(i) Fishing periods. NMFS will determine the fishing periods, e.g.
dates and/or hours that permittees may legally harvest halibut in Area
2A, on an annual basis. This determination will take into account any
recommendations provided by the Pacific Fishery Management Council and
comments received by the public during the public comment period on the
proposed annual management measures rule. The intent of these fishing
periods is to ensure the Area 2A Pacific halibut directed commercial
allocation is achieved but not exceeded.
(ii) Fishing period limits. NMFS will establish fishing period
limits, e.g. the maximum amount of Pacific halibut that a vessel may
retain and land during a specific fishing period, and assign those
limits according to vessel class for each fishing period. Fishing
period limits may be different across vessel classes (except as
described in paragraph (g)(1)(iii) of this section). NMFS will
determine fishing period limits following the considerations listed in
paragraph (g)(1)(ii)(A) of this section. The intent of these fishing
period limits is to ensure that the Area 2A commercial directed fishery
does not exceed the directed commercial allocation, while attempting to
provide fair and equitable access across fishery participants to an
attainable amount of harvest. The limits will be published in annual
management measures rules in the Federal Register along with a
description of the considerations used to determine them.
(A) Considerations. When determining fishing period(s) and
associated fishing period limits for the directed commercial fishery,
NMFS will consider the following factors:
(1) The directed commercial fishery allocation;
(2) Vessel class;
(3) Number of fishery permit applicants and projected number of
participants per vessel class;
(4) The average catch of vessels compared to past fishing period
limits; and
(5) Other relevant factors.
(B) Vessel classes. Vessel classes are based on overall length
(defined at 46 CFR 69.9) shown in the following table:
Table 1 to Paragraph (g)(1)(ii)(B)
------------------------------------------------------------------------
Overall length (in feet) Vessel class
------------------------------------------------------------------------
1-25...................................... A
26-30..................................... B
31-35..................................... C
36-40..................................... D
41-45..................................... E
46-50..................................... F
51-55..................................... G
56+....................................... H
------------------------------------------------------------------------
(iii) Inseason action to add fishing periods and associated fishing
period limits. Fishing periods in addition to those originally
implemented at the start of the fishing year may be warranted in order
to provide the fishery with opportunity to achieve the Area 2A directed
commercial fishery allocation, if performance of the fishery during the
initial fishing period(s) is different than expected and the directed
commercial allocation is not attained through the initial period(s). If
NMFS makes the determination that sufficient allocation remains to
warrant additional fishing period(s) without exceeding the allocation
for the Area 2A directed commercial fishery, the additional fishing
period(s) and fishing period limits may be added during the fishing
year. If NMFS determines fishing period(s) in addition to those
included in an annual management measures rule is warranted, NMFS will
set the fishing period limits equal across all vessel classes. The
fishing period(s) and associated fishing period limit(s) will be
announced in the Federal Register and concurrent publication on the
hotline. If the amount of directed commercial allocation remaining is
determined to be insufficient for an additional fishing
[[Page 44325]]
period, the allocation is considered to be taken and the fishery will
be closed, as described at paragraph (g)(2) of this section.
(2) Automatic closure of the non-tribal directed commercial
fishery. The NMFS Regional Administrator or designee will initiate
automatic management actions without prior public notice or opportunity
to comment. These actions are nondiscretionary and the impacts must
have been previously been taken into account.
(i) If NMFS determines that the non-tribal directed commercial
fishery has attained its annual allocation or is projected to attain
its allocation if additional fishing was to be allowed, the Regional
Administrator will take automatic action to close the fishery, via
announcement in the Federal Register and concurrent notification on the
telephone hotline at 206-526-6667 or 800-662-9825.
(ii) [Reserved]
[FR Doc. 2022-15889 Filed 7-25-22; 8:45 am]
BILLING CODE 3510-22-P
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</html>Indexed from Federal Register on July 26, 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.