Proposed Rule2022-19150
Magnuson-Stevens Act Provisions; Fisheries Off West Coast States; Pacific Whiting Utilization in the At-Sea Sectors
Primary source
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Published
September 13, 2022
Issuing agencies
Commerce DepartmentNational Oceanic and Atmospheric Administration
Abstract
NMFS proposes regulatory amendments that would apply to the Pacific Coast Groundfish Trawl Rationalization Program participants that operate in the non-tribal Pacific whiting fishery. This rulemaking proposes to adjust the primary Pacific whiting season start date for all sectors of the Pacific whiting fishery from May 15 to May 1, remove from regulation the mothership catcher vessel (MSCV) processor obligation deadline of November 30, remove from regulation the Mothership (MS) processor cap of 45 percent, and provide the ability to operate as a Catcher/Processor (CP) and an MS in the same year. This action is necessary to provide MS sector participants with greater operational flexibility by modifying specific regulations that have been identified as potentially contributing to lower attainment of the Pacific whiting allocation compared to the CP and shoreside Pacific whiting sectors. This proposed rule is intended to promote the goals and objectives of the Magnuson-Stevens Fishery Conservation and Management Act, the Pacific Coast Groundfish Fishery Management Plan, and other applicable laws.
Full Text
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[Federal Register Volume 87, Number 176 (Tuesday, September 13, 2022)]
[Proposed Rules]
[Pages 55979-55987]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-19150]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 660
[Docket No. 220830-0178]
RIN 0648-BL41
Magnuson-Stevens Act Provisions; Fisheries Off West Coast States;
Pacific Whiting Utilization in the At-Sea Sectors
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 regulatory amendments that would apply to the
Pacific Coast Groundfish Trawl Rationalization Program participants
that operate in the non-tribal Pacific whiting fishery. This rulemaking
proposes to adjust the primary Pacific whiting season start date for
all sectors of the Pacific whiting fishery from May 15 to May 1, remove
from regulation the mothership catcher vessel (MSCV) processor
obligation deadline of November 30, remove from regulation the
Mothership (MS) processor cap of 45 percent, and provide the ability to
operate as a Catcher/Processor (CP) and an MS in the same year. This
action is necessary to provide MS sector participants with greater
operational flexibility by modifying specific regulations that have
been identified as potentially contributing to lower attainment of the
Pacific whiting allocation compared to the CP and shoreside Pacific
whiting sectors. This proposed rule is intended to promote the goals
and objectives of the Magnuson-Stevens Fishery Conservation and
Management Act, the Pacific Coast Groundfish Fishery Management Plan,
and other applicable laws.
DATES: Comments must be received by October 13, 2022.
ADDRESSES: You may submit comments on this document, identified by FDMS
Docket Number NOAA-NMFS-2022-0058 by any of the following methods:
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-2022-0058 in the Search box, click the ``Comment''
icon, complete the required fields, and enter or attach your comments.
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="https://www.regulations.gov">https://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).
Written comments regarding the burden-hour estimates or other
aspects of the collection-of-information requirements contained in this
proposed rule may be submitted to NMFS and to <a href="https://www.reginfo.gov/public/do/PRAMain">https://www.reginfo.gov/public/do/PRAMain</a>. Find this particular information collection by
selecting ``Currently under 30-day Review--Open for Public Comments''
or by using the search function.
Electronic Access
This rulemaking is accessible via the internet at the Office of the
Federal Register website at <a href="https://www.federalregister.gov/">https://www.federalregister.gov/</a>.
Background information and analytical documents (Analysis) are
available at the NMFS West Coast Region website at <a href="https://www.fisheries.noaa.gov/species/west-coast-groundfish.html">https://www.fisheries.noaa.gov/species/west-coast-groundfish.html</a> and at the
Pacific Fishery Management Council's website at <a href="https://www.pcouncil.org">https://www.pcouncil.org</a>.
FOR FURTHER INFORMATION CONTACT: Abbie Moyer, phone: 206-305-9601, or
email: <a href="/cdn-cgi/l/email-protection#d7b6b5b5beb2f9bab8aeb2a597b9b8b6b6f9b0b8a1"><span class="__cf_email__" data-cfemail="127370707b773c7f7d6b7760527c7d73733c757d64">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
Authority for Action
NMFS and the Pacific Fisheries Management Council (Council) manage
the groundfish fisheries in the exclusive economic zone seaward of
California, Oregon, and Washington under the Pacific Coast Groundfish
Fishery Management Plan (FMP). The Council prepared the FMP under the
authority of the Magnuson-Stevens Fishery Conservation and Management
Act (MSA), 16 U.S.C. 1801 et seq. Regulations governing U.S. fisheries
and implementing the FMP appear at 50 CFR parts 660.
Background
This proposed rule would revise regulations that may be
unnecessarily constraining, in order to provide increased operational
flexibility in the Pacific whiting fishery and increase the Mothership
(MS) sector's ability to utilize its Pacific whiting allocation, while
maintaining fair and equitable access to Pacific whiting by all sectors
of the program. Specifically, this rule proposes to adjust the primary
Pacific whiting season start date for all sectors of the Pacific
whiting fishery from May 15 to May 1, remove from regulation the
catcher vessel (MSCV) processor obligation deadline of November 30,
remove from regulation the MS processor cap of 45 percent, and provide
the ability for vessels to operate as a Catcher/Processor (CP) and an
MS in the same year. The following sections of this preamble provide
(1) a description of the non-tribal Pacific whiting fishery; (2) the
need for action; and (3) the proposed regulations.
[[Page 55980]]
A Description of the Non-Tribal Pacific Whiting Fishery
Pacific Whiting Fishery
In January 2011, NMFS implemented a trawl rationalization program,
a catch share system, for the Pacific coast groundfish fishery's trawl
fleet. The program was adopted through Amendment 20 to the Pacific
Coast Groundfish Fishery Management Plan (FMP) (75 FR 78344; December
15, 2010) and is a type of limited access privilege program under the
MSA. The trawl rationalization program is intended to increase net
economic benefits, create individual economic stability, provide full
utilization of the trawl sector allocation, consider environmental
impacts, and achieve individual accountability of catch and bycatch.
The program consists of cooperatives for the at-sea MS and CP fleets
that target and process Pacific whiting (or the at-sea trawl fleet),
and an individual fishing quota (IFQ) program for the shorebased trawl
fleet that targets both Pacific whiting and a wide range of other
groundfish species (or the Shorebased IFQ Program).
The at-sea trawl fleet consists of fishery participants harvesting
and processing Pacific whiting and is further divided as follows: (1)
The Pacific whiting CP sector, which has been operating under the
Pacific Whiting Conservation Cooperative (PWCC) since 1997 and was
formalized for management with the implementation of Amendment 20 (the
CP Co-op Program); and (2) the Pacific whiting MS sector (MS Co-op
Program). The MS sector is made up of mothership catcher vessels
(MSCVs), which harvest fish, and motherships, which process the fish
at-sea. The MS sector program may include multiple co-ops where vessels
pool their harvest together to form fishing cooperatives, as well as
vessels not associated with a co-op (i.e., the ``non-co-op'' segment of
the MS fishery). In March of 2011, the owners of all 37 MSCV permits
formed a co-op called the ``Whiting Mothership Cooperative (WMC)''.
Every year since then, all participants in the sector have operated in
the co-op. One of the primary purposes of the WMC is to minimize the
bycatch of constraining rockfish species and Chinook salmon.
The shoreside Pacific whiting sector was grouped into the
Shorebased IFQ Program during the development of Amendment 20. Vessels
in this fishery target Pacific whiting with midwater trawl gear.
Fishery participants must have quota pounds to harvest Pacific whiting
catch and associated bycatch. About half of the shoreside Pacific
whiting vessels also cross-participate in the MS fishery (i.e., MSCV).
Within the shoreside Pacific whiting fishery, there is the Shoreside
Whiting Cooperative, which is voluntarily made up of participating
vessels, and is not formally recognized in the groundfish regulations.
Historically, approximately two-thirds of shoreside Pacific whiting
vessels have participated in the coop between 2012-2018.
Catch allocations for these subsectors are based on formulas set in
Amendment 21 to the FMP, or are determined during the biennial
management process. The total allowable catch (TAC) for Pacific whiting
is set annually outside of the Council's harvest specifications
process. The TAC is set through a bilateral process with Canada,
consistent with the Agreement Between the Government of the United
States of America and the Government of Canada on Pacific Hake/Whiting
of 2003 (commonly known as the Pacific Hake/Whiting Treaty) where 73.88
percent of the TAC is allocated to U.S. fisheries, of which 17.5
percent is allocated to the Tribal sector. In the fall of each fishing
year, an unused portion of the Tribal allocation may be reapportioned
to the non-Tribal sectors. This often results in an initial allocation
to the non-tribal sectors and then a post-reapportionment allocation.
Species in the Groundfish FMP are managed differently between the at-
sea sectors and the shoreside fishery. For the shoreside Pacific
whiting fishery, participants must have quota pounds (QPs) to cover all
catch of any IFQ species and some non-IFQ species are managed with trip
limits. For the at-sea fisheries, set asides are established for select
groundfish species within the biennial harvest specifications process.
Set asides are managed on an annual basis unless there is a risk of
exceeding a harvest specification, an unforeseen impact on other
fisheries, or a conservation concern.
Current Management Programs Affected by the Proposed Action
In order to encourage more informed public comment, this proposed
rule includes a general description of the program requirements that
are proposed to change under this action.
Season Start Date
The primary Pacific whiting season for all three non-tribal Pacific
whiting sectors North of 40[deg]30' N lat. begins on May 15th but
historically has varied since the conversion of the fishery from
foreign to domestic, when the start date was set at January 1. In 1992,
the start date was moved to April 15 to align with when aggregations of
Pacific whiting were available to harvest. To minimize bycatch of
Chinook salmon, which was unusually high in 1995, the season was moved
back to May 15 in 1996 for some areas. The season start dates are, in
part, meant to limit targeting on Pacific whiting fishing when listed
Chinook salmon are most likely to be taken incidentally. The dates have
fluctuated between April and June in the shorebased fishery to
accommodate participation in the shoreside, at-sea, and Alaska pollock
fisheries. The June 15 start date for shoreside Pacific whiting (North
of 40[deg]30' N lat.) was moved to be consistent with the May 15 start
date in the at-sea sectors in 2016. Fishing south of 40[deg]30' N lat.
can start April 15 (80 FR 19034, April 9, 2015). The primary season
remains open for that sector until the sector allocation of whiting or
non-whiting groundfish (with allocations) is reached or projected to be
reached and the primary season for that sector is closed by NMFS
(section 2.0 of the Analysis) (see ADDRESSES).
Mothership Obligation
Each year by November 30th, a MSCV must declare to NMFS whether
they will be participating in the co-op or non-co-op fishery and to
which processor they are obligating their catch history assignment
(CHA). CHAs cannot be divided or separated from the initial permit it
was issued under during Amendment 20. A MSCV can be released from a
processor obligation through a mutual agreement exception (MAE) and
commit to a new MS permit.
This management measure was intended to provide for some short-term
certainty for MS companies in business planning for the upcoming
fishing season. It also avoided some of the penalty components
associated with the linkage provision (i.e., having to go into the non-
co-op fishery for a year before committing to a new processor) (section
3.0.1 of the Analysis).
Mothership Processing Cap
Under Amendment 20, accumulation limits were imposed to prevent
excessive concentration of catch allocations within sectors (there is
no cumulative cap across sectors). The MS sector is the only sector
with a processing limit. The Council set the processing cap for the MS
sector at 45 percent (described at 50 CFR 660.150(f)(3)(i)), which was
intended to inhibit consolidation by ensuring that at least three MS
companies would participate in the fishery. There are also two
additional accumulation limits in the MS fishery as MSCVs are held to a
[[Page 55981]]
20 percent accumulation limit of the Pacific whiting CHA and a catch
limit of 30 percent of the allocation (section 3.1.1 of the Analysis).
A processing limit was considered for the CP sector as a part of the
follow-on catch share actions; however, it was rejected in favor of an
ownership limit (84 FR 68799; December 17, 2019). For the Shorebased
IFQ Program, first receivers are not restricted on the amount of IFQ
fish they can process, although they are subject to the same quota
share (QS) ownership restrictions as other IFQ participants (10 percent
for Pacific whiting). Shoreside vessels are also restricted to annual
vessel limits, which is 15 percent for Pacific whiting.
MS Processor & CP Permit Transfer
Regulations prohibit processing vessels in the at-sea Pacific
whiting fishery from operating as both a MS and CP during the same
calendar year (50 CFR 660.112(d)(3) and (e)(3)). The origin of this
prohibition dates to the implementation of the Pacific whiting sector
allocations in 1997. At that time, specific limitations were placed on
CP vessels to prevent these higher capacity vessels from harvesting
other sector's allocations. During the development of Amendment 20,
there was extensive consideration of permitting a processor to operate
as a CP and an MS in the same fishing year. The Council ultimately
decided to maintain the original prohibition within Amendment 20. To
help ensure market stability in the separate sectors, the regulations
do not allow processing platforms to switch between the MS and CP
sectors in a single calendar year. Restricting CPs from also engaging
in MS activity also was intended to protect existing MS processors in
the sector and help ensure that they benefit from rationalization in
addition to MSCVs (section 3.2.1 of the Analysis).
Additionally, as described in 50 CFR 660.25, CP or MS endorsed
permits are only allowed two transfers within their respective sectors
in a calendar year, and the second transfer can only be back to the
original vessel. Under Amendment 20, the Council considered having zero
or only one transfer allowed (Appendix B to the Amendment 20 Final
Environmental Impact Statement (FEIS)). The Council ultimately chose a
two-transfer allowance to provide flexibility if a MS were unable to
process catch (e.g., due to fire or a breakdown) or if unexpected
opportunities arose in other fisheries (such as pollock) and another MS
would be able to fill that role. For the CP sector, a limit of two
transfers was also recommended as part of the Council's final action in
November 2008, which was a change from the single transfer recommended
by the Council in June 2008 (section 3.2.1 of the Analysis).
In April of 2020, NMFS implemented an emergency rule suspending the
prohibition on an at-sea Pacific whiting processing vessel from
operating as a MS and CP in the same calendar year after one company
that owned a MS permit was not able to process as a MS in the 2020
season due to unforeseen health, economic, and safety risks and instead
was operating only as a CP (85 FR 37027, June 19, 2020). This left
three MSCVs who had previously committed to this MS without a platform
to deliver their catch (section 3.2.1 of the Analysis). Under this
emergency rule, a processor could be simultaneously registered to a MS
and a CP-endorsed permit within the calendar year and would declare
into one of the fisheries prior to leaving port. A second emergency
rule was implemented in May 2021 which again suspended the prohibition
on dual registration (86 FR 26439, May 14, 2021).
Need for Action
The MS sector has experienced lower than average attainment than
the other non-tribal commercial Pacific whiting sectors since the start
of the trawl catch share program, particularly since 2017. Causes of
under-attainment have been attributed to the limited availability of
motherships for delivery of catch due to seasonal overlap with the
Alaskan Eastern Bering Sea walleye pollock fishery. In addition,
existing regulations have been identified as hindering some catcher
vessels' opportunity to harvest or deliver fish to MS processors, by
limiting the ability for available processors to accept fish from
catcher vessels. These obstacles to harvesting and processing in the MS
sector have led to reduced economic opportunity for participants.
Section 2.2.1 of the Analysis found that from 2017-2019, the
shoreside sector averaged attainment of 92 percent of the initial
Pacific whiting allocations while the MS sector averaged 71 percent and
the CP sector 100 percent (83, 64, and 90 percent of the post-tribal
reapportionment allocation, respectively). Additionally, from 2017-
2019, the MS sector is estimated to have not achieved potential
economic opportunity of $14.5-$27.3 million in production value from
unharvested Pacific whiting from the initial allocations and $21.5 to
$31.8 million compared to the post-reapportionment allocations (section
5.4.1.0 of the Analysis).
This issue was first brought to the Council's attention in 2016
during public meetings to discuss the Council's 5-year Review of the
Trawl Rationalization Program. The Council later received a public
comment letter in September 2018 from a member of industry proposing to
increase the processing cap of 45 percent within the follow-on actions
package. The letter suggested that increasing the processing cap would
be a positive step towards increasing efficiency and achieving optimum
yield by allowing platforms with capacity in a given year to take
additional deliveries and get more quota out of the water.
During the March 2019 meeting, the Council heard from the industry
regarding MS sector utilization proposals and discussed the
supplemental reports from the Council's advisory bodies. The Council
prioritized the MS utilization issues and, in November 2019, directed
industry to develop the scope of action and draft purpose and need
statement for the MS sector utilization action.
In an informational report submitted by the Council's Groundfish
Advisory Subpanel (GAP), the GAP reported during the previous five
seasons, more than 350 million pounds of Pacific whiting worth more
than $28 million in ex-vessel revenue had been left unharvested in the
MS sector. Some catcher vessels had been unable to harvest and deliver
their full MS sector allocations and, in certain cases, catcher vessels
had been stranded without a MS processor to deliver to in a season or
year. The GAP also reported that many MS sector participants, including
all six MS processor vessels and several MS catcher vessels,
participate in the Alaska pollock fishery where record high catch
limits in recent years had limited the availability of processor
vessels and some catcher vessels to participate in the Pacific whiting
fishery during the primary Pacific whiting season, between May 15 and
December 31.
In September 2020, based on the GAP's informational report, Council
and NMFS staff submitted a scoping paper in the advanced briefing book
outlining some questions for consideration. The Council's Groundfish
Management Team (GMT) provided a preliminary look at the data, thoughts
on potential causes of under-attainment, and regulatory issues. After
considering the information provided, the Council adopted a purpose and
need statement for public review and continued to scope the following
issues: (1) Primary whiting season start date (which could apply to
other Pacific whiting sectors); (2) Processor obligation deadline; (3)
MS
[[Page 55982]]
processor cap; and (4) MS/CP permit transfers.
The Council considered a request to allow processing south of
42[deg] N lat. in the at-sea sectors as a part of this action; however,
due to potential interactions with salmon, the Council decided to
consider the action at a later time and encouraged the industry to test
the idea through future exempted fishing permit experiments.
Finally, at the March 2022 meeting, the Council adopted the
following as the final preferred alternatives: (1) Move the season
start date for the primary Pacific whiting season start date north of
40 degrees 30 minutes north latitude from May 15th to May 1st, and move
all administrative deadlines associated with the season start date to
45 days prior to May 1; (2) Remove the mothership processor obligation
deadline from regulation; (3) Remove the mothership processor cap from
regulation; and (4) Allow a vessel to be registered to a mothership and
catcher-processor endorsed permit in the same year, with unlimited
transfers.
Proposed Action
The proposed action would revise existing regulations that apply to
the Pacific Coast Groundfish Trawl Rationalization Program participants
while operating in the non-tribal Pacific whiting fishery in order to
provide increased operational flexibility and harvesting capabilities
in the Pacific whiting fishery and increase the MS sector's ability to
utilize its Pacific whiting allocation. The proposed revisions include:
(1) adjusting the primary Pacific whiting season start date for all
sectors of the Pacific whiting fishery North of 40[deg]30' N. lat. from
May 15 to May 1, and adjusting administrative dates associated with the
start of the season; (2) removing from regulation the MSCV processor
obligation deadline of November 30; (3) removing from regulation the MS
processor cap of 45 percent; and (4) removing restrictions prohibiting
an at-sea Pacific whiting processing vessel from operating as a MS or
CP in the same calendar year.
The Council recommended and NMFS proposes these changes based on
information in the Analysis indicating that these measures would: (1)
increase utilization of available MS quota that has previously been
unrealized (2) increase opportunities in the MS sector by providing
participants with an additional 15 days to participate in the Pacific
whiting fishery, providing up to a month of Pacific whiting harvest
opportunities between the Alaska pollock seasons; (3) increase overall
attainment leading to economic benefits for all sectors.
Season Start Date
This proposed action would amend regulations at 50 CFR
660.131(b)(2)(iii) to allow all sectors of the Pacific whiting fishery
North of 40[deg]30' N lat. to begin operating May 1. Currently, there
are reporting requirements due 45 days prior to the current season
start date of May 15. This proposed action would align all of these
administrative dates to 45 days prior to the new season start date of
May 1, which would be March 17. Specifically, these proposed date
changes would apply to the annual MS co-op and CP co-op reports (50 CFR
660.113(c)(3) and (d)(3), respectively), the deadline for proposed
salmon mitigation plans (SMPs) (50 CFR 660.113(e)(3)), the submission
deadline for post season SMP reports (50 CFR 660.113(e)(6)(i)), the
deadline for declaring into the MS co-op or non-co-op fishery (50 CFR
660.150(g)(2)(i)), and the MS co-op and CP co-op permit annual
registration deadlines (50 CFR 660.150(d)(1)(ii) and 660.160(d)(1)(ii),
respectively). Additionally, this proposed action would move up an
Electronic Monitoring (EM) application due date (50 CFR 660.604(e)) and
an EM renewal date (50 CFR 660.604(i)) from February 15 to February 1
to align with the new season start date of May 1.
The Council recommended and NMFS proposes this earlier season start
date to provide vessels with an additional 15 days to participate in
the Pacific whiting fishery and provide even more opportunity to
harvest the Pacific whiting quota. The proposed season start date would
apply to all non-tribal sectors participating in the Pacific whiting
fishery. As noted in section 2.2.1 of the Analysis, many vessels that
fish in the Pacific whiting fishery earn the majority of their revenue
in the Alaska fisheries and are likely incentivized to prioritize
higher price of pollock above Pacific whiting. Therefore, this proposed
action would provide vessels with an additional 15 days to participate
in the Pacific whiting fishery providing up to a month of Pacific
whiting harvest opportunities between the Alaskan Eastern Bering Sea
walleye pollock seasons.
This proposed action is expected to considerably increase
attainment for the MS sector, leading to economic benefits for all
participants. According to section 2.2.1 of the Analysis, the potential
additional catch that could have occurred in the additional two weeks
of fishing in the 2016-2020 period could have been associated with $8.4
to $20.3 million in production revenue for the MS sector (assuming
market conditions, weather, and other factors). The additional catch
would have resulted in an estimated $10.5-$22.8 million in income
impacts and 159 to 345 associated jobs.
There would be no additional biological impacts to Pacific whiting
under the proposed action, because participants in the fishery will
continue to be limited to allocations set as part of the annual whiting
harvest specifications process. Allocation amounts would have been or
will be analyzed as part of annual whiting management actions.
Additionally, impacts to non-whiting groundfish species are expected to
be within those analyzed during the biennial harvest specification
process where mechanisms to control catch (e.g., IFQs, co-ops, set
asides) would still be in effect, preventing exceedances of allocations
and ACLs. Section 2.2.2 of the Analysis shows that bycatch of non-
whiting groundfish species is typically higher in the fall; therefore,
overall bycatch would likely decrease if vessels were able to shift
effort into May 1-14, as explained in the Analysis, and exhibit the
same lower bycatch patterns as May 15-31.
Appendices A-C of the Analysis present a comprehensive analysis of
potential effects of moving the season start date on overall salmon
take and evolutionarily significant unit (ESU) level impact. The
Analysis shows that even if the bycatch from May 1-14 were additive to
the bycatch for the entire Pacific whiting fishery (tribal and non-
tribal) during the May 15-end of season time period, the overall
estimates of total bycatch are conservative and are still within the
estimates analyzed in the 2017 Endangered Species Act (ESA) Section
7(a)(2) Biological Opinion (F/WCR-2017-7552) regarding the effects of
the Council's Groundfish FMP on listed salmonids (2017 Biological
Opinion). Additionally, the Analysis shows that impacts likely would
not be additive as effort may shift to earlier in the season where
bycatch rates are lower.
MS Obligation Deadline
This proposed action would remove regulations at 50 CFR
660.150(c)(7) that require MSCVs to obligate their CHA to a MS permit
by November 30 during the limited entry permit (LEP) renewal process
(50 CFR 660.25(b)(4)(i)(A)). Under this proposed rule, there would also
no longer be a requirement for MSCV-endorsed permit owners to notify
NMFS of a mutual agreement exception (MAE) nor require NMFS to track
the obligations (50 CFR 660.150(c)(7)(iv)).
[[Page 55983]]
Additionally, the requirement for notification of a MS permit
withdrawal at 50 CFR 660.150(c)(7)(v) would no longer be required.
MSCVs would still be required to renew their limited entry permits each
year, which includes the co-op declaration for the following year (50
CFR 660.150(g)(2)(i)); and co-op(s) would also still be required to
submit their annual application per 50 CFR 660.150(d)(1)(iii).
The Council recommended and NMFS proposes the removal of the MS
obligation requirement from regulations to provide MSCVs additional
flexibility to change processors inseason without regulatory delay.
Removal of the obligation deadline would provide a more flexible
management regime whereby participants could continue to balance
individual needs of each entity to optimally harvest fish through
private contracts and still provide consistent revenue. This proposed
action is expected to reduce administrative costs due to MSCVs not
needing to notify NMFS of MAEs inseason and is expected to remove a
regulatory and administrative burden to NMFS and members of the MS
sector. Current enforcement costs, the capability to monitor fishing
activity (i.e., area closures, gear requirements, safety standards) and
monitoring of the fishery through electronic monitoring or observers,
including catch and discard accounting, would not change.
MS Processor Cap
This proposed action would remove the MS usage limit (i.e.
processor cap) of 45 percent from regulation (Sec. 660.150(f)(3)(i))
and there would be no restrictions on the amount of the MS sector
allocation that an entity could process. MS permit holders would no
longer be required to submit to NMFS a trawl identification of
ownership interest (OI) form in order to verify compliance of the MS
processor cap, as per Sec. 660.150(f)(3)(iv). MSCVs would still be
held to a 20 percent accumulation limit of the Pacific whiting CHA (50
CFR 660.150(g)(3)(i)) and a catch limit of 30 percent of the allocation
(50 CFR 660.150(g)(3)(ii)).
The Council recommended and NMFS proposes the removal of the MS
processor cap to provide MS permit holders additional flexibility and
to prevent occurrences of MSCVs not being able to deliver to a MS
processor that had exceeded or was close to exceeding the 45 percent
processing cap. Removal of the MS processor cap would provide positive
benefits to the MS sector through increased harvesting capabilities and
increased flexibility in management of the MS sector. This in turn
would provide an increase in revenue for the fishery as a whole and for
fishing communities.
Additionally, this proposed action would eliminate the need for the
industry or NMFS to monitor compliance with the accumulation limit and
would provide the industry with the ability to harvest more fish when
fish are present on the grounds and optimize the efficiencies built
into the fishery (i.e., available crew, scheduled landings to
motherships and processing capacity).
As mentioned above, the Council set the processing cap for the MS
sector at 45 percent (described at 50 CFR 660.150(f)(3)(i)) to inhibit
consolidation. Section 3.1.4 of The Analysis, however, shows it is
likely that more than one MS would continue to participate in the
fishery under the proposed action. Several factors, including Alaska
pollock fishery opportunities and actual capacity of a single MS
vessel, suggest that it would be unlikely and probably not feasible for
one vessel to process the entire allocation. In addition, the Analysis
shows even if an entity was able to process the entirety of the MS
allocation under the proposed action, there would still be competition
from other owners across the other whiting sectors and other fisheries
that produce whitefish.
MS Processor & CP Permit Transfer
This proposed action would remove restrictions prohibiting an at-
sea Pacific whiting processing vessel from operating as a MS or CP in
the same calendar year (50 CFR 660.112(d)(3) and (e)(3)). This action
would allow a processing vessel to operate as both an MS and CP in the
same calendar year, but not on the same trip. Owners of processing
vessels that intend to operate as both an MS and a CP during the
Pacific whiting season would be required to register the processing
vessel under valid MS and CP permits per regulations at 50 CFR
660.25(b). The vessel may be registered under both an MS permit and a
CP endorsed permit simultaneously. Additionally, this proposed rule
includes some administrative changes to allow additional transfers of
limited entry MS permits and limited entry permits with a CP
endorsement so that these permits may be transferred more than twice
within a calendar year.
Current requirements for operating as a MS or CP would continue to
apply. To operate in the MS fishery (i.e., receive deliveries of catch
from MS catcher vessel and process MS sector allocations at-sea) the
vessel must be included in the MS co-op agreement. To operate in the CP
fishery (i.e., catch and process CP sector allocations at-sea) the
vessel must be included in the CP co-op agreement. Including a new
vessel in either the MS or CP co-op agreement constitutes a material
change to the co-op agreement. Within 7 calendar days of the new
processing vessel operating for the first time in either the MS co-op
fishery or the CP co-op fishery, the respective co-op manager must
notify NMFS in writing of such change to the co-op agreement as
required in regulations at 50 CFR 660.150(d)(1)(iii)(B)(4) and
660.160(d)(1)(iii)(B)(4).
Consistent with current regulations at 50 CFR
660.150(d)(1)(iii)(B)(4) and 660.160(d)(1)(iii)(B)(4), within 30 days
of a new vessel participating in a co-op fishery, the MS or CP co-op
manager must submit a revised co-op agreement to NMFS that lists all
vessels and/or processing vessels operating in the respective co-op and
include the new processing vessel, along with a letter describing the
change to the co-op agreement.
For each trip, the vessel would still be required to update its
vessel monitoring system (VMS) declaration to reflect its activity for
that trip prior to departure as specified in existing groundfish
regulations at 50 CFR 660.13(d)(4)(iv)(A).
A separate economic data collection (EDC) form is required for the
owner, lessee, charterer of a mothership vessel registered to an MS
permit as well as owner, lessee, charterer of a catcher processor
vessel registered to a CP-endorsed limited entry permit. If a vessel
holds both types of permit in one calendar year, two EDC forms must be
submitted as specified at 50 CFR 660.114. Additionally, separate cost
recovery requirements apply to each sector, as described at 50 CFR
660.115.
The Council recommended and NMFS proposes lifting the restriction
on MS and CP permit transfers to increase the likelihood that MSCVs
have markets to which to deliver catch throughout the fishing season.
The operational flexibility provided in this action would provide
significant additional economic opportunity to at-sea Pacific whiting
fishery participants and fishing communities. These measures would
allow catcher vessels to harvest MS sector allocations and provide
catch revenue to the respective vessel crews. In the event that
additional processing vessels cannot commit to taking deliveries from
catcher vessels (due to changes in business plans, for example) this
action would provide additional harvesting and processing opportunities
for at-sea Pacific whiting fishery participants.
[[Page 55984]]
Summary of Anticipated Effects of This Proposed Rule
Overall, this proposed action is expected to increase attainment
across all three non-tribal Pacific whiting sectors, with the largest
change expected in the MS sector. While the movement of the primary
season start date would likely provide the most benefit in terms of
harvest opportunities when both MS and MSCVs can be on the fishing
grounds, the increased flexibility to have more processors (via the
unlimited permit transfer) or have processors accept and potentially
process higher amounts of catch (removal of the processor cap) would,
in combination, provide the most opportunity to increase attainment and
economic benefits for all sectors. Increased attainment of the Pacific
whiting allocation, through additional fishing opportunity, processing
capacity, and flexibility, would result in positive benefits to the
fleet and the communities in which participants reside. There are
expected to be no biological impacts outside of those previously
disclosed in harvest specifications processes for both groundfish and
Pacific whiting or those in the 2017 Biological Opinion for salmonids.
Other Actions Included in This Proposed Rule
NMFS is also proposing additional administrative changes in this
rule. This proposed action would adjust cost recovery regulation
language to state that the value of ``Pacific whiting'' instead of
``all groundfish'' will be used in the annual cost recovery fee
calculations for the at-sea sectors to reflect the current practice of
using Pacific whiting only in the cost recovery fee calculations. While
the cost recovery regulations state that all groundfish harvested
should be used to calculate ex-vessel value, it is current practice to
use Pacific whiting only when calculating the ex-vessel value of the MS
and CP sectors. Only Pacific whiting is used because there is
insufficient data available on the value of non-whiting species
encountered by the MS and CP sectors. This would reflect the original
intention of the Council in their 2011 cost recovery recommendations.
The Council recommended this change to NMFS at the April 2021 meeting.
This proposed action would make some technical, non-substantive
changes to improve comprehensibility of the regulations by removing
outdated regulations.
Classification
Pursuant to section 304(b)(1)(A) and 305(d) of the Magnuson-Stevens
Act, the NMFS Assistant Administrator has determined this rule is
consistent with the 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
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.
After accounting for cross participation, multiple Quota Share account
holders, and affiliation through ownership, NMFS estimates that there
are 103 non-tribal entities directly affected by this action, 89 of
which are considered ``small'' businesses.
NMFS considers two criteria in determining the significance of
adverse regulatory effects, namely, disproportionality and
profitability. Disproportionality compares the effect of the regulatory
action between small and large entities. This action is expected to
increase utilization and flexibility for all entities participating in
the Pacific whiting fishery, and is not expected to place any of the
small entities at a significant competitive disadvantage to large
entities. Moving the primary season start date two weeks earlier (May
1) would provide additional opportunities and incentives to increase
the harvest of the MS sector's allocation and provide a substantial
increase in revenue for the fishery as a whole and for fishing
communities. Removal of the obligation deadline provides a more
flexible management regime whereby participants can continue to balance
individual needs of each entity to optimally harvest fish through
private contracts and still provide consistent revenue. Removal of the
MS processor cap would provide positive benefits to the MS sector
through increased harvesting capabilities and increased flexibility in
management of the MS sector. And, allowing processing vessels to
operate as an MS and CP in the same year without any permit transfer
limits would provide additional processing capacity to harvest Pacific
whiting in the at-sea sectors. Therefore, we do not expect significant
or disproportionate adverse economic effects from this action.
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 revises the
existing requirements for the Pacific Coast Groundfish Trawl
Rationalization Program Permit and License Information Collection OMB
Control Number 0648-0620 by removing the requirement for the owner of
the MSCV-endorsed permit to submit a copy of a MAE to NMFS that
includes the MS permit owner's acknowledgement of termination of the
catcher vessel's obligation to the permitted MS vessel. If a MS permit
withdraws from the fishery before Pacific whiting has been allocated to
the MS sector, this rule removes the requirement of the MS permit owner
withdrawing from the fishery to provide written notification to NMFS
and all owners of MSCV-endorsed permits with CHA obligated to the MS
permit withdrawing. Additionally, this rule removes the requirement for
a MS to submit an ownership interest (OI) form. This rule would remove
three hours and 18 burden minutes per year for the fishery. Public
reporting burden for removing the requirements of submitting a MAE, a
MS permit withdrawal and removing the requirement of a MS submitting an
OI form is estimated to result in a reduced average cost of $5.34 per
year for participants of the fishery.
The existing collection of information requirements would continue
to apply under the following OMB Control Number 0648-0573: Expanded
Vessel Monitoring System (VMS) Requirements for the Pacific Groundfish
Fishery.
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="https://www.reginfo.gov/public/do/PRAMain">https://www.reginfo.gov/public/do/PRAMain</a>.
Notwithstanding any other provisions of the law, no person is
required to respond or, nor shall any person by subject to a penalty
for failure to comply
[[Page 55985]]
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 660
Fisheries, Fishing, Indian fisheries.
Dated: August 31, 2022.
Samuel D. Rauch, III,
Deputy Assistant Administrator for Regulatory Programs, National Marine
Fisheries Service.
For the reasons set out in the preamble, NOAA proposes to amend 50
CFR part 660 as follows:
PART 660--FISHERIES OFF WEST COAST STATES
0
1. The authority citation for part 660 continues to read as follows:
Authority: 16 U.S.C. 1801 et seq., 16 U.S.C. 773 et seq., and
16 U.S.C. 7001 et seq.
0
2. Amend Sec. 660.25 as follows:
0
a. Revise paragraphs (b)(4)(i)(E), (b)(4)(v)(A), and (b)(4)(vii)(C);
0
b. Add paragraph (b)(4)(vii)(D); and
0
c. Revise paragraph (b)(4)(viii)(C).
The revisions read as follows:
Sec. 660.25 Permits.
* * * * *
(b) * * *
(4) * * *
(i) * * *
(E) Limited entry permits with an MS/catcher vessel (CV)
endorsement will not be renewed until SFD has received complete
documentation of permit ownership as required under Sec. 660.150(g).
* * * * *
(v) * * *
(A) General. Change in permit owner and/or vessel owner
applications must be submitted to NMFS with the appropriate
documentation described at paragraphs (b)(4)(viii) and (ix) of this
section. The permit owner may convey the limited entry permit to a
different person. The new permit owner will not be authorized to use
the permit until the change in permit owner has been registered with
and approved by NMFS. NMFS will not approve a change in permit owner
for a limited entry permit with a sablefish endorsement that does not
meet the ownership requirements for such permit described at paragraph
(b)(3)(iv)(B) of this section. NMFS will not approve a change in permit
owner for a limited entry permit with an MS/CV endorsement that does
not meet the ownership requirements for such permit described at Sec.
660.150(g)(3). NMFS considers the following as a change in permit owner
that would require registering with and approval by NMFS, including but
not limited to: Selling the permit to another individual or entity;
adding an individual or entity to the legal name on the permit; or
removing an individual or entity from the legal name on the permit. A
change in vessel owner includes any changes to the name(s) of any or
all vessel owners, as registered with U.S. Coast Guard (USCG) or a
state. The new owner(s) of a vessel registered to a limited entry
permit must report any change in vessel ownership to NMFS within 30
calendar days after such change has been registered with the USCG or a
state licensing agency.
* * * * *
(vii) * * *
(C) Limited entry permits with an MS/CV endorsement. Limited entry
permits with an MS/CV endorsement may be registered to another vessel
up to two times during the calendar year as long as the second change
in vessel registration is back to the original vessel. The original
vessel is either the vessel registered to the permit as of January 1,
or if no vessel is registered to the permit as of January 1, the
original vessel is the first vessel to which the permit is registered
after January 1. After the original vessel has been established, the
first change in vessel registration would be to another vessel, but any
second change in vessel registration must be back to the original
vessel. On the second change in vessel registration back to the
original vessel, that vessel must be used to fish exclusively in the MS
Co-op Program described at Sec. 660.150 for the remainder of the
calendar year, and declare into the limited entry mid water trawl,
Pacific whiting mothership sector as specified at Sec.
660.13(d)(4)(iv).
(D) Limited entry MS permits and limited entry permits with a
catcher/processor (C/P) endorsement. Vessels registered to both a MS
permit and a C/P endorsed permit may operate in both the at-sea MS
sector and C/P sector during the same calendar year, but not on the
same trip. Prior to leaving port, a vessel registered under both a MS
permit and a C/P endorsed permit must declare through VMS the sector in
which it will participate for the duration of the trip, as specified at
Sec. 660.13(d)(4)(iv)(A).
(viii) * * *
(C) For a request to change a vessel registration and/or change a
permit owner or vessel owner for a MS/CV-endorsed limited entry permit,
an Identification of Ownership Interest Form must be completed and
included with the application form.
* * * * *
0
3. Amend Sec. 660.111 as follows:
0
a. Under the definition ``Accumulation limits'', remove paragraph
(2)(i) and redesignate paragraphs (2)(ii) and (iii) as paragraphs
(2)(i) and (ii);
0
b. Under the definition ``Ex-vessel value'', revise paragraphs (2) and
(3); and
0
c. Remove the definitions of ``Mutual agreement exception'' and
``Processor obligation''.
The revisions read as follows:
Sec. 660.111 Trawl fishery--definitions.
* * * * *
Ex-vessel value * * *
(2) For the MS Co-op Program, the value of Pacific whiting
delivered by a catcher vessel to an MS-permitted vessel.
(3) For the C/P Co-op Program, the value as determined by the
aggregate pounds of Pacific whiting retained on board by the vessel
registered to a C/P-endorsed limited entry trawl permit, multiplied by
the MS Co-op Program average price per pound as announced pursuant to
Sec. 660.115(b)(2).
* * * * *
Sec. 660.112 [Amended]
0
4. Amend Sec. 660.112 as follows:
0
a. Remove paragraph (d)(3);
0
b. Redesignate paragraphs (d)(4) through (6) as paragraphs (d)(3)
through (5);
0
c. Remove paragraph (d)(7);
0
d. Redesignate paragraphs (d)(8) through (16) as paragraphs (d)(6)
through (14);
0
e. Remove paragraph (e)(3); and
0
f. Redesignate paragraphs (e)(4) through (10) as paragraphs (e)(3)
through (9).
0
5. Amend Sec. 660.113 by revising paragraphs (c)(3) introductory text,
(c)(5)(ii)(A) introductory text, (c)(5)(ii)(A)(3), (5), (6), and (9),
(d)(3) introductory text, (d)(5)(ii)(A) introductory text,
(d)(5)(ii)(A)(2), (4), (5), and (6), (e)(3), and (e)(6)(i) to read as
follows:
Sec. 660.113 Trawl fishery--recordkeeping and reporting.
* * * * *
(c) * * *
(3) Annual co-op report. The designated co-op manager for the
mothership co-op must submit an annual report to NMFS and the Council
by March 17 each year, before a co-op permit is issued for that year.
The annual co-op report will contain information about the previous
year's fishery, including:
* * * * *
(5) * * *
[[Page 55986]]
(ii) * * *
(A) For all deliveries of Pacific whiting that the fish buyer buys
from each fish seller:
* * * * *
(3) The weight of Pacific whiting delivered;
* * * * *
(5) The ex-vessel value of Pacific whiting;
(6) The net ex-vessel value of Pacific whiting;
* * * * *
(9) The total fee amount collected as a result of all Pacific
whiting.
* * * * *
(d) * * *
(3) Annual co-op report. The designated co-op manager for the C/P
co-op must submit an annual report to NMFS and the Council by March 17
each year, before a co-op permit is issued for that year. The annual
co-op report will contain information about the previous year's
fishery, including:
* * * * *
(5) * * *
(ii) * * *
(A) For all Pacific whiting:
* * * * *
(2) The weight of Pacific whiting retained on board;
* * * * *
(4) The ex-vessel value of Pacific whiting retained on board;
(5) The net ex-vessel value of Pacific whiting retained on board;
and
(6) The total fee amount collected as a result of all Pacific
whiting.
* * * * *
(e) * * *
(3) Deadline for proposed SMP. A proposed SMP must be submitted
between February 1 and March 17 of the year in which it intends to be
in effect to NMFS at: NMFS, West Coast Region, ATTN: Fisheries Permit
Office, Bldg. 1, 7600 Sand Point Way NE, Seattle, WA 98115.
* * * * *
(6) * * *
(i) Submission deadline. The SMP postseason report must be received
by NMFS and the Council no later than March 17 of the year following
that in which the SMP was approved.
* * * * *
0
6. Amend Sec. 660.131 by revising paragraphs (b)(2)(ii),
(b)(2)(iii)(A) and (B), and (b)(2)(iii)(C)(1) to read as follows:
Sec. 660.131 Pacific whiting fishery management measures.
* * * * *
(b) * * *
(2) * * *
(ii) Criteria. The start of a Pacific whiting primary season may be
changed based on a recommendation from the Council and consideration of
the following factors, if applicable: Size of the harvest guidelines
for whiting and bycatch species; age/size structure of the whiting
population; expected harvest of bycatch and prohibited species;
availability and stock status of prohibited species; expected
participation by catchers and processors; environmental conditions;
timing of alternate or competing fisheries; industry agreement; fishing
or processing rates; and other relevant information.
(iii) * * *
(A) Catcher/processor sector--May 1.
(B) Mothership sector--May 1.
(C) * * *
(1) North of 40[deg]30' N lat.--May 1; and
* * * * *
0
7. Amend Sec. 660.150 as follows:
0
a. Revise the section heading;
0
b. Add the word ``and'' following the semicolon at the end of paragraph
(b)(1)(i)(A);
0
c. Remove ``; and'' at the end of paragraph (b)(1)(i)(B) and add a
period in its place;
0
d. Remove paragraphs (b)(1)(i)(C) and (b)(2)(i)(A)(3);
0
e. Redesignate paragraph (b)(2)(i)(A)(4) as paragraph (b)(2)(i)(A)(3);
0
f. Revise paragraph (c)(6)(i)(A);
0
g. Remove paragraph (c)(7);
0
h. Revise paragraph (d)(1)(ii) and the introductory text of paragraph
(d)(1)(iii);
0
i. Remove paragraph (d)(1)(iii)(A)(1)(iii);
0
j. Redesignate paragraphs (d)(1)(iii)(A)(1)(iv) through (xii) as
paragraphs (d)(1)(iii)(A)(1)(iii) through (xi);
0
k. Remove paragraph (f)(3);
0
l. Redesignate paragraphs (f)(4) through (6) as paragraphs (f)(3)
through (5); and
0
m. Revise paragraph (g)(2)(i) introductory text.
The revisions read as follows:
Sec. 660.150 Mothership (MS) Co-op Program.
* * * * *
(c) * * *
(6) * * *
(i) * * *
(A) Through an inter-co-op agreement, the designated co-op managers
of permitted MS co-ops may distribute Pacific whiting allocations among
one or more permitted MS co-ops.
* * * * *
(d) * * *
(1) * * *
(ii) Annual registration and deadline. Each year, a co-op entity
intending to participate as a co-op under the MS Co-op Program must
submit an application for a MS co-op permit between January 17 and
March 17 of the year in which it intends to fish. NMFS will not
consider any applications received after March 17. An MS co-op permit
expires on December 31 of the year in which it was issued.
(iii) Application for MS co-op permit. The designated co-op
manager, on behalf of the co-op entity, must submit a complete
application form and include each of the items listed in paragraph
(d)(1)(iii)(A) of this section. Only complete applications will be
considered for issuance of a MS co-op permit. An application will not
be considered complete if any required application fees and annual co-
op reports have not been received by NMFS. NMFS may request additional
supplemental documentation as necessary to make a determination of
whether to approve or disapprove the application. Application forms and
instruction are available on the NMFS West Coast Region (WCR) website
(<a href="https://www.fisheries.noaa.gov/permit/groundfish-mothership-cooperative-permit">https://www.fisheries.noaa.gov/permit/groundfish-mothership-cooperative-permit</a>) or by request from NMFS. The designated co-op
manager must sign the application acknowledging the responsibilities of
a designated co-op manager defined in paragraph (b)(3) of this section.
For permit owners with more than one MS/CV endorsement and associated
CHA, paragraph (g)(2)(iv)(D) of this section specifies how to join an
MS co-op(s).
* * * * *
(g) * * *
(2) * * *
(i) Renewal. An MS/CV-endorsed permit must be renewed annually
consistent with the limited entry permit regulations given at Sec.
660.25(b)(4). During renewal, all MS/CV-endorsed limited entry permit
owners must make a preliminary declaration regarding their intent to
participate in the co-op or non-co-op portion of the MS Co-op Program
for the following year. MS/CV-endorsed permits not obligated to a
permitted MS co-op by March 17 of the fishing year will be assigned to
the non-co-op fishery. For an MS/CV-endorsed permit that is not
renewed, the following occurs:
* * * * *
0
8. Amend Sec. 660.160 as follows:
0
a. Remove paragraph (b)(1)(i)(C); and
0
b. Revise paragraphs (d)(1)(ii), (e)(1)(iii), and (e)(2)(i).
The revisions read as follows:
Sec. 660.160 Catcher/processor (C/P) Coop Program.
* * * * *
[[Page 55987]]
(d) * * *
(1) * * *
(ii) Annual registration and deadline. Each year, the co-op entity
must submit a complete application to NMFS for a C/P co-op permit. The
application must be submitted to NMFS by between January 17 and March
17 of the year in which it intends to participate. NMFS will not
consider any applications received after March 17. A C/P co-op permit
expires on December 31 of the year in which it was issued.
* * * * *
(e) * * *
(1) * * *
(iii) Restriction on C/P vessel operating as mothership. A vessel
registered to a C/P-endorsed permit may operate as a mothership during
the same calendar year it participates in the C/P sector but not on the
same trip.
* * * * *
(2) * * *
(i) Renewal. A C/P-endorsed permit must be renewed annually
consistent with the limited entry permit regulations given at Sec.
660.25(b)(4).
* * * * *
0
9. Amend Sec. 660.604 by revising paragraph (e) introductory text and
paragraph (i) to read as follows:
Sec. 660.604 Vessel and first receiver responsibilities.
* * * * *
(e) Electronic Monitoring (EM) Authorization. To obtain an EM
Authorization, a vessel owner must submit an initial application to the
NMFS West Coast Region Fisheries Permit Office, and then a final
application that includes an EM system certification and a vessel
monitoring plan (VMP). NMFS will only review complete applications.
NMFS will issue a public notice at least 90 calendar days prior to when
it will begin accepting applications for EM Authorizations for the
first year of the Program. Once NMFS begins accepting applications,
vessel owners that want to have their EM Authorizations effective for
January 1 of the following calendar year must submit their complete
application to NMFS by October 1. Vessel owners that want to have their
EM Authorizations effective for the primary whiting season start date
must submit their complete application to NMFS by February 1 of the
same year.
* * * * *
(i) Renewing an EM Authorization. To maintain a valid EM
Authorization, vessel owners must renew annually prior to the permit
expiration date. NMFS will mail EM Authorization renewal forms to
existing EM Authorization holders each year on or about: September 1
for non-trawl shorebased IFQ vessels and January 1 for Pacific whiting
IFQ and MS/CV vessels. Vessel owners who want to have their EM
Authorizations effective for January 1 of the following calendar year
must submit their complete renewal form to NMFS by October 15. Vessel
owners who want to have their EM Authorizations effective for the
primary whiting season start date of the following calendar year must
submit their complete renewal form to NMFS by February 1.
* * * * *
[FR Doc. 2022-19150 Filed 9-12-22; 8:45 am]
BILLING CODE 3510-22-P
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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.