Rule2022-26325
Fisheries Off West Coast States; Pacific Halibut Fisheries; Permitting and Management Regulations for Area 2A Pacific Halibut Fisheries
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
December 5, 2022
Effective
January 4, 2023
Issuing agencies
Commerce DepartmentNational Oceanic and Atmospheric Administration
Abstract
Under the authority of the Northern Pacific Halibut Act of 1982, this final rule implements a permitting system for the Pacific halibut commercial and recreational charter halibut fisheries in International Pacific Halibut Commission (IPHC) regulatory Area 2A (Washington, Oregon, and California). This action also establishes 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 will be open and set harvest limits for those periods of time. These permitting and management activities for Area 2A were previously performed by the IPHC; through this final rule, NMFS will now implement these Area 2A-specific permitting and management activities.
Full Text
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<title>Federal Register, Volume 87 Issue 232 (Monday, December 5, 2022)</title>
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[Federal Register Volume 87, Number 232 (Monday, December 5, 2022)]
[Rules and Regulations]
[Pages 74322-74328]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-26325]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 300
[Docket No. 221129-0251]
RIN 0648-BK93
Fisheries Off West Coast States; Pacific Halibut Fisheries;
Permitting and Management Regulations for Area 2A Pacific Halibut
Fisheries
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Final rule.
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SUMMARY: Under the authority of the Northern Pacific Halibut Act of
1982, this final rule implements a permitting system for the Pacific
halibut commercial and recreational charter halibut fisheries in
International Pacific Halibut Commission (IPHC) regulatory Area 2A
(Washington, Oregon, and California). This action also establishes 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 will be open and set harvest limits for those
periods of time. These permitting and management activities for Area 2A
were previously performed by the IPHC; through this final rule, NMFS
will now implement these Area 2A-specific permitting and management
activities.
DATES: This rule is effective on January 4, 2023.
ADDRESSES: Additional information regarding this action may be obtained
by contacting the Sustainable Fisheries Division, NMFS West Coast
Region, 501 W Ocean Boulevard, Suite 4200, Long Beach, CA 90802. For
information regarding all halibut fisheries and general regulations not
contained in this rule, contact the International Pacific Halibut
Commission, 2320 W Commodore Way Suite 300, Seattle, WA 98199-1287.
FOR FURTHER INFORMATION CONTACT: Joshua Lindsay, phone: 562-980-4034,
fax: 562-980-4018, or email: <a href="/cdn-cgi/l/email-protection#c9a3a6baa1bca8e7a5a0a7adbaa8b089a7a6a8a8e7aea6bf"><span class="__cf_email__" data-cfemail="5832372b302d39763431363c2b39211836373939763f372e">[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, NOAA, on behalf of the IPHC,
publishes annual management measures governing the U.S. 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, but are not limited to, coastwide
and area-specific mortality limits (also known as
[[Page 74323]]
allocations and subarea allocations), coastwide season dates, gear
restrictions, Pacific halibut size limits for retention, and logbook
requirements. The IPHC apportions mortality limits 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). In addition to, and
not in conflict with, approved IPHC regulations, as provided in the
Halibut Act, the Regional Fishery Management Councils may develop, and
the Secretary of Commerce may implement, regulations governing
harvesting privileges among U.S. fishermen in U.S. waters (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 (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, NMFS has approved catch sharing plans and
implemented annual regulations consistent with the catch sharing plans
in the IPHC regulatory Area 2A. 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.
Prior to this action, the IPHC regulated and managed certain
aspects of the commercial and recreational charter fisheries in Area
2A. The IPHC required vessels to obtain a license from the IPHC to
participate in either the recreational charter fishery or the non-
tribal commercial fishery for Pacific halibut in Area 2A. In the
context of this rule, the term ``license'' is synonymous with
``permit.'' The IPHC also set management measures for the non-tribal
directed commercial Pacific halibut fishery (directed commercial
fishery) in Area 2A, including fishing periods and associated fishing
period limits which were announced by the IPHC. The proposed rule for
this action included additional background on past management practices
of the IPHC and history of certain regulatory activities transitioning
from IPHC to NMFS, including Council recommendations associated with
this action. Those details are not repeated here. For additional
information on this action, please refer to the proposed rule (87 FR
44318; July 26, 2022).
Under this action, NMFS is assuming responsibility for issuing
vessel 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. Specifically,
this action enables NMFS to issue 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 sablefish fishery, and incidental catch of
Pacific halibut in the salmon troll fishery. This action also enables
NMFS to set management measures for the non-tribal directed commercial
Pacific halibut fishery (directed commercial fishery), including
fishing periods and associated fishing period limits. 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. These actions are 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.
Permitting for Commercial and Recreational Charter Vessels
Prior to implementation of this rule, no person could fish for
Pacific halibut from a vessel, nor possess Pacific halibut on board a
vessel, used either for commercial fishing or as a recreational charter
vessel in Area 2A, unless the IPHC issued a permit valid for fishing in
Area 2A to that vessel. Under this final rule, NMFS maintains the
requirement for vessels to obtain a permit to fish for Pacific halibut
in Area 2A and implements a NMFS permitting process. Under this action,
NMFS will use a web-based application with digital submission and
delivery of the permit applications, and will allow participants to
provide either digital or paper proof of permit upon request. NMFS is
requiring that permit applications be received by the following dates:
(1) March 1 for incidental catch during the salmon troll fishery; (2)
March 1 for incidental catch during the sablefish fishery; (3) February
15 for the directed commercial fishery; and (4) 15 days prior to
participation in the recreational fishery for recreational charter
vessels.
NMFS notes that the permit application deadlines for the incidental
salmon and sablefish fisheries are two weeks earlier than the deadlines
previously 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 deadline for the directed commercial
fishery permit applications is more than two months earlier than the
previous IPHC deadline for this fishery. The earlier application
deadlines ensure adequate time for NMFS to issue permits in advance of
the fishery season start dates and to 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 is requiring application information in
addition to what the IPHC required; specifically, those applying for
directed commercial fishery permits must provide vessel length
documentation from either the U.S. Coast Guard Documentation Form,
state registration form, or a current marine survey. Fishery
participants must obtain a new permit each year.
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.). This fishery typically operates from late June through August,
with fishing periods every other week until the Area 2A directed
commercial
[[Page 74324]]
fishery allocation has been or is projected to be reached. Under this
final action, NMFS, instead of the IPHC, will implement annual
management measures for the directed commercial fishery. Specifically,
NMFS will continue to manage the fishery through a series of fishing
periods with fishing period limits based on the directed commercial
fishery allocation determined by vessel class, and implement those
directed commercial fishing period(s) and fishing period limits through
proposed and final rules published annually 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 that the IPHC 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
did the IPHC in setting vessel limits, NMFS will consider the fact that
smaller vessels have lesser capacities to carry gear and 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 also providing fair
and equitable access across participants to an attainable amount of
harvest.
As noted previously, NMFS is establishing a permit application
deadline for the directed commercial fishery of February 15, which is
more than two months earlier than the date used by the IPHC. NMFS is
setting 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 the fishery has not attained nor is projected to
have attained the directed commercial allocation during the initial
directed commercial fishing period(s), NMFS will determine whether
additional fishing period(s) are warranted. The decision to add fishing
periods beyond those announced in the annual rule establishing the
season's management measures will be based on landings information from
state fish tickets collected during the initial fishing period(s), and
any such decision will have 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 and after landings data are analyzed, additional fishing period(s)
and applicable fishing period limits will be announced in the Federal
Register if the Regional Administrator determines that enough
allocation remains to provide additional opportunity across all
participants and vessel classes. It is NMFS' expectation that the
timing of any additional fishing periods will be similar to past IPHC
practice and would occur two weeks after the conclusion of the last
fishing period. In the event NMFS takes inseason action to add fishing
period(s), fishing period limits will be set at the same amount for
each vessel class. Generally, fewer vessels participate in each fishing
period as the season progresses (that is, the first fishing period has
the highest level of participation and most pounds landed, followed by
the second fishing period, etc.). During any additional fishing
periods, NMFS will set vessel limits equal across all sizes because the
number of vessels in each vessel class varies by fishing period and
year and participants may choose to engage in any fishing period; thus,
the number of participants per vessel class can be unpredictable.
Comments and Responses
NMFS published the proposed rule on July 26, 2022 (87 FR 44318).
NMFS accepted public comments on the permitting system and the directed
commercial management measure framework through August 25, 2022. NMFS
received one comment, from the Oregon Department of Fish and Wildlife
(ODFW).
Comment: ODFW noted the earlier permit application deadlines
compared to those of the IPHC, and posed questions related to how NMFS
intends to provide information and outreach to the public on the new
deadlines. These questions included whether there will be allowance for
late applications or an appeals process for late or denied
applications, as well as information on when and where permit
applications will be made available. ODFW also commented on the
timeframe of additional openings, whether it would be days, weeks, or
months between openings, noting that fish buyers have developed markets
based on the timing of openings, and how vessel operators must arrange
logistics for the Pacific halibut fishery (e.g., for procuring ice and
bait) and develop business plans for participating in other fisheries.
Response: NMFS recognizes that certain components of this action,
including the permit application deadlines, are different from past
IPHC requirements. NMFS intends to utilize a variety of communication
methods (e.g., email listserv, web pages and bulletins, and telephone
hotline) to ensure that the regulated public are fully aware of the
permit deadlines and how to apply, and to perform outreach in
coordination with the IPHC, Council, and the states. An appeals process
for permit denials was included in the proposed rule and remains
unchanged in this final rule.
In the event NMFS takes inseason action to add fishing periods, the
intervening times between fishing periods is expected to be similar to
those in previous years. NMFS will provide as much detail about fishing
periods as is practicable in the annual rulemaking ahead of each
fishing season in order to facilitate market and fishery participants'
planning for the upcoming fishing year.
[[Page 74325]]
Changes From the Proposed Rule
There were no substantive changes made between the proposed rule
and this final rule. NMFS made minor textual edits for clarity between
the proposed and this final rule.
Classification
Regulations governing the U.S. fisheries for Pacific halibut are
developed by the IPHC, the Council, the North Pacific Fishery
Management Council, and the Secretary of Commerce. Section 5 of the
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 action is consistent with the Council's authority to allocate
halibut catches among fishery participants in the waters in and off
Washington, Oregon, and California.
This final 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 during the proposed rule stage that this action would
not have a significant economic impact on a substantial number of small
entities for purposes of the Regulatory Flexibility Act. The factual
basis for the certification was published in the proposed rule and is
not repeated here. As a result, a regulatory flexibility analysis was
not required and none was prepared.
This final 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 extends the
current collection titled ``Northwest Region Federal Fisheries
Permits'' (OMB Control Number 0648-0203) and also changes the existing
requirements for the collection of information 0648-0203 by adding a
Pacific halibut permit for the recreational charter fishery, the
directed commercial fishery, and incidental catch of halibut in the
salmon troll and sablefish fisheries. 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 $17,050. Public
reporting burden for the new 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.
We invite the general public and other Federal agencies to comment
on proposed and continuing information collections, which helps us
assess the impact of our information collection requirements and
minimize the public's reporting burden. Written comments and
recommendations for this information collection should be submitted at
the website <a href="http://www.reginfo.gov/public/do/PRAMain">www.reginfo.gov/public/do/PRAMain</a>. Find this particular
information collection by using the search function and entering either
the title of the collection or the OMB Control Number 0648-0203.
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: November 29, 2022.
Samuel D. Rauch, III,
Deputy Assistant Administrator for Regulatory Programs, National Marine
Fisheries Service.
For the reasons set out in the preamble, 50 CFR part 300, subpart
E, is 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
letters 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.
(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 of Pacific halibut during the salmon troll
fishery specified in paragraph (b)(2) of this section;
(B) The incidental catch of Pacific halibut 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 of Pacific halibut 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
[[Page 74326]]
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 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 <a href="https://www.fisheries.noaa.gov/west-coast/commercial-fishing/west-coast-fishing-permits">https://www.fisheries.noaa.gov/west-coast/commercial-fishing/west-coast-fishing-permits</a>. 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 regulatory 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, West Coast 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 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.
[[Page 74327]]
(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 regulatory 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;
(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 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.
[[Page 74328]]
(ii) [Reserved]
[FR Doc. 2022-26325 Filed 11-30-22; 4:15 pm]
BILLING CODE 3510-22-P
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</html>Indexed from Federal Register on December 5, 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.