Pacific Halibut Fisheries; Catch Sharing Plan; Rulemaking To Modify the 2023-2027 Halibut Individual Fishing Quota (IFQ) Vessel Harvest Limitations in IFQ Regulatory Areas 4A, 4B, 4C, and 4D
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Issuing agencies
Abstract
NMFS issues this proposed rule to revise regulations for the commercial individual fishing quota (IFQ) Pacific halibut (halibut) fisheries for 2023 through 2027. This proposed rule would remove limits on the maximum amount of halibut IFQ that may be harvested by a vessel, commonly known as vessel use caps, in IFQ Regulatory Areas 4A (Eastern Aleutian Islands), 4B (Central and Western Aleutian Islands), 4C (Central Bering Sea), and 4D (Eastern Bering Sea). This action is needed to continue to provide additional flexibility and stability to IFQ participants in Areas 4A, 4B, 4C, and 4D while a longer term modification of vessel use caps is considered. This action is intended to promote the goals and objectives of the IFQ Program, the Northern Pacific Halibut Act of 1982 (Halibut Act), and other applicable laws.
Full Text
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<title>Federal Register, Volume 88 Issue 91 (Thursday, May 11, 2023)</title>
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[Federal Register Volume 88, Number 91 (Thursday, May 11, 2023)]
[Proposed Rules]
[Pages 30272-30275]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-10092]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 679
[Docket No. 230505-0123]
RIN 0648-BM18
Pacific Halibut Fisheries; Catch Sharing Plan; Rulemaking To
Modify the 2023-2027 Halibut Individual Fishing Quota (IFQ) Vessel
Harvest Limitations in IFQ Regulatory Areas 4A, 4B, 4C, and 4D
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Proposed rule; request for comments.
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SUMMARY: NMFS issues this proposed rule to revise regulations for the
commercial individual fishing quota (IFQ) Pacific halibut (halibut)
fisheries for 2023 through 2027. This proposed rule would remove limits
on the maximum amount of halibut IFQ that may be harvested by a vessel,
commonly known as vessel use caps, in IFQ Regulatory Areas 4A (Eastern
Aleutian Islands), 4B (Central and Western Aleutian Islands), 4C
(Central Bering Sea), and 4D (Eastern Bering Sea). This action is
needed to continue to provide additional flexibility and stability to
IFQ participants in Areas 4A, 4B, 4C, and 4D while a longer term
modification of vessel use caps is considered. This action is intended
to promote the goals and objectives of the IFQ Program, the Northern
Pacific Halibut Act of 1982 (Halibut Act), and other applicable laws.
DATES: Submit comments on or before June 12, 2023.
ADDRESSES: You may submit comments on this document, identified by FDMS
Docket number NOAA-NMFS-2023-0055, by any of the following methods:
<bullet> Electronic Submission: Submit all electronic public
comments via the Federal e-Rulemaking Portal. Go to <a href="https://www.regulations.gov">https://www.regulations.gov</a> and enter NOAA-NMFS-2023-0055 in the Search box.
Click on the ``Comment'' icon, complete the required fields, and enter
or attach your comments.
<bullet> Mail: Submit written comments to Gretchen Harrington,
Assistant Regional Administrator, Sustainable Fisheries Division,
Alaska Region NMFS. Mail comments to P.O. Box 21668, Juneau, AK 99802-
1668.
<bullet> Instructions: Comments sent by any other method, to any
other address or individual, or received after the end of the comment
period, may not be considered by NMFS. All comments received are a part
of the public record and will generally be posted for public viewing on
<a href="http://www.regulations.gov">www.regulations.gov</a> without change. All personal identifying
information (e.g., name, address, etc.), confidential business
information, or otherwise sensitive information submitted voluntarily
by the sender will be publicly accessible. NMFS will accept anonymous
comments (enter ``N/A'' in the required fields if you wish to remain
anonymous).
Electronic copies of the Categorical Exclusion and the Regulatory
Impact Review (RIR) (herein referred to as the ``Analysis'') prepared
for this action are available from <a href="http://www.regulations.gov">www.regulations.gov</a> or from the NMFS
Alaska Region website at <a href="https://www.fisheries.noaa.gov/region/alaska">https://www.fisheries.noaa.gov/region/alaska</a>.
FOR FURTHER INFORMATION CONTACT: Alicia M. Miller, 907-586-7228.
SUPPLEMENTARY INFORMATION:
Authority for Action
The International Pacific Halibut Commission (IPHC) promulgates
regulations governing the North Pacific halibut fishery under the
Convention between the United States and Canada for the Preservation of
the Halibut Fishery of the Northern Pacific Ocean and Bering Sea
(Convention). The IPHC's regulations are subject to approval by the
Secretary of State with the concurrence of the Secretary of Commerce.
NMFS publishes the IPHC's regulations as annual management measures
pursuant to 50 CFR 300.62. The 2023 IPHC annual management measures
published on March 7, 2023 (88 FR 14066).
The Halibut Act, 16 U.S.C. 773c(a)-(b), provides the Secretary of
Commerce with general responsibility for carrying out the Convention
and the Halibut Act, including the authority to adopt regulations
necessary to carry out the purposes and objectives of the Convention.
The Halibut Act, 16 U.S.C. 773c(c), also provides the North Pacific
Fishery Management Council (Council) with authority to develop
regulations, including limited access regulations, that are in addition
to, and not in conflict with, IPHC regulations. Regulations the Council
recommends may be implemented by NMFS only after approval by the
Secretary of Commerce.
The Council has exercised its authority to develop halibut
management programs for the subsistence, sport, and commercial halibut
fisheries. The Secretary of Commerce exercised authority to implement
the commercial IFQ halibut fishery management program, also known as
``the IFQ Program'' (58 FR 59375, November 9, 1993). The IFQ Program
for the halibut fishery is implemented by Federal regulations at 50 CFR
part 679.
The halibut IFQ fishery is managed in specific areas defined by the
IPHC. These IFQ regulatory areas are: Area 2A (California, Oregon, and
Washington); Area 2B (British Columbia); Area 2C (Southeast Alaska),
Area 3A (Central Gulf of Alaska), Area 3B (Western Gulf of Alaska), and
Area 4 (subdivided into five Areas, 4A through 4E, in the Bering Sea
and Aleutian Islands of Western Alaska). These Areas are described in
Figure 15 to 50 CFR part 679. The halibut IFQ fishery is limited to
persons holding quota share (QS). There are also limits--commonly known
as ``vessel use caps''--on how much halibut IFQ a vessel may harvest
each year in Areas 2C, 3A, 3B, 4A, 4B, 4C, 4D, and 4E. Throughout this
preamble, the term vessel use cap refers to regulations applicable to
the halibut IFQ fishery (section 679.42(h)(1)).
As relevant to this action, a Community Quota Entity (CQE) is
authorized to hold halibut QS in Area 4B. Halibut IFQ derived from QS
held by a CQE is subject to vessel use caps (section 679.42(h)(1)(ii)).
NMFS also allocates halibut to the Western Alaska Community Development
Quota (CDQ Program) in Areas 4B, 4C, 4D, and 4E (section 679.31(a)(2)),
but those allocations are not subject to a vessel use cap and are not
affected by this rulemaking.
Background
This proposed rule would implement regulations to temporarily
remove vessel use caps in Areas 4A, 4B, 4C, and 4D
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for 2023 through 2027. Vessel use caps were recommended by the Council
and implemented by NMFS as part of the IFQ Program (58 FR 59375,
November 9, 1993) as regulations that were in addition to, and not in
conflict with, those adopted by the IPHC, consistent with the Halibut
Act (16 U.S.C. 773c(c)). The following sections describe the IFQ
Program; halibut IFQ vessel use caps; the rationale and effects of
temporarily removing vessel use caps in Areas 4A, 4B, 4C, and 4D; and
the regulations that would be implemented under this proposed rule.
IFQ Program
Commercial halibut and sablefish fisheries in Alaska are subject to
regulation under the IFQ Program and the CDQ Program (50 CFR part 679).
A key objective of the IFQ Program is to support the social and
economic character of the fisheries and the coastal fishing communities
where many of these fisheries are based. For more information about the
IFQ Program, please refer to Section 2.3 of the Analysis. Because this
rule is specific to the halibut IFQ fishery, reference to the IFQ
Program in this preamble is specific to halibut unless otherwise noted.
Under the IFQ Program, access to the commercial halibut fisheries
is limited to those persons holding QS, which is the limited access
permit NMFS uses to calculate a person's IFQ each year. Halibut QS is
designated for a specific geographic area of harvest, a specific vessel
operation type (catcher vessel (C/V) or catcher/processor), and for a
specific range of vessel sizes that may be used to harvest the halibut
(vessel category). Out of the four vessel categories of halibut QS,
category A shares are designated for catcher/processors that process
their catch at sea (e.g., freezer longline vessels) and do not have a
vessel length designation, whereas category B, category C, and category
D shares are designated to be fished on C/Vs that meet specific length
designations (section 679.40(a)(5)).
NMFS annually issues IFQ permits to each QS holder. IFQ permits
authorize permit holders to harvest a specified amount of a particular
IFQ species in an area from a specific operation type and vessel
category, consistent with the QS they hold. IFQ is expressed in pounds
(lb) and is based on the amount of QS held by the permit holder in
relation to the total QS pool for each area with an assigned catch.
The IFQ Program also establishes: (1) limits on the maximum amount
of QS that a person could use (i.e., be used to receive annual IFQ)
(section 679.42(f)); (2) limits on the number of small amounts of
indivisible QS units, known as QS blocks, that a person can hold
(section 679.42(g)); (3) limits on the ability of IFQ assigned to one
C/V vessel category (vessel category B, C, or D IFQ) to be fished on a
different (larger) vessel category with some limited exceptions
(section 679.42(a)(2)); and (4) limits on the maximum amount of halibut
IFQ that may be harvested by a vessel during an IFQ fishing year
(section 679.42(h)). Only qualified individuals and initial recipients
of QS are eligible to hold C/V QS, and they are required to be on the
vessel when the IFQ is being fished, with a few limited exceptions
(section 679.41(h)(2)). All of these limitations were established to
retain the owner-operator nature of the C/V halibut IFQ fisheries,
limit consolidation of QS, and ensure the annual IFQ is not harvested
on a small number of larger vessels.
Halibut IFQ Vessel Use Caps
The IFQ Program vessel use caps limit the maximum amount of halibut
that can be harvested on any one vessel. The limits are intended to
help ensure that a minimum number of vessels are engaged in the halibut
IFQ fishery and to address concerns about the socio-economic impacts of
consolidation under the IFQ Program. For additional detail on vessel
use caps, see the preamble to the proposed rule for the IFQ Program (57
FR 57130, December 3, 1992).
This proposed rule refers to halibut catch limits, commercial
halibut allocations, and vessel use caps in pounds (lb) and metric tons
(mt). Net pounds and net metric tons are defined as the weight of
halibut from which the gills, entrails, head, and ice and slime have
been removed.
Relevant to this proposed rule, for Areas 2C, 3A, 3B, 4A, 4B, 4C,
4D, and 4E, vessels cannot be used to harvest more halibut IFQ than
one-half percent of the combined total catch limits of halibut (section
679.42(h)(1)). Applying this regulation to 2023 yields a vessel use cap
of 89,030 lb (40.4 mt). This vessel use cap applies to vessels
harvesting IFQ halibut in Areas 4A, 4B, 4C, 4D, and 4E. Notably,
however, halibut harvested in Area 4E is currently entirely allocated
under the CDQ Program and CDQ is not subject to vessel use caps. For
that reason, Area 4E is not included in this proposed rule.
Applicable to Area 4B for this proposed action, a CQE is authorized
to hold halibut QS in Area 4B on behalf of the community of Adak,
Alaska (79 FR 8870, February 14, 2014). A CQE is a NMFS-approved non-
profit organization that represents small, remote, coastal communities
that meet specific criteria to purchase and hold C/V halibut QS on
behalf of an eligible community. The CQE holds QS and leases the IFQ
derived from the underlying QS. Any vessel harvesting halibut IFQ
derived from the QS held by the CQE representing the community of Adak
is subject to the vessel use cap regulations at Sec. 679.42(h)(1)(ii),
which limit a vessel to harvest no more than 50,000 lb (22.7 mt), in
addition to those set forth at Sec. 679.42(h)(1) introductory text and
Sec. 679.42(h)(i).
Rationale and Effects of Temporarily Removing Vessel Use Caps in Areas
4A, 4B, 4C, and 4D
At its February 2023 meeting, the Council reviewed an analysis of
proposed regulatory changes to remove vessel use caps applicable to the
halibut IFQ fisheries in Areas 4A, 4B, 4C, and 4D from 2023 through
2027 (Sections 1 and 2.2.3 of the Analysis). The Council requested this
proposed rule to provide continued temporary flexibility to IFQ
participants in IPHC Area 4 while the Council analyzes longer term
adjustments to vessel use through the Council and public review
process. The Council's selection of 2027 as the sunset date for this
exemption does not signal any shift from the Council's intent to move
the longer-term action through the Council process as efficiently as
possible, but rather to provide enough time to develop and implement
the longer-term solution and to minimize the likelihood that there is a
gap between this temporary exemption and a subsequent permanent action.
NMFS proposes this rule to provide flexibility to vessels operating
in Area 4 between 2023 and through 2027. This action is expected to
facilitate the harvest of halibut allocated under the IFQ program in
Area 4 and provide harvest flexibility and stability to vessels
operating in Area 4. This action is needed because a relatively large
proportion of vessels participating in Areas 4A, 4B, 4C, and 4D halibut
IFQ fisheries are operating near the current vessel use cap, thereby
limiting the amount of additional IFQ that could be harvested on
vessels operating in those areas (Section 2.2.3 of the Analysis).
Additionally, this action is expected to provide flexibility to the CQE
representing the community of Adak, Alaska, because the minimum number
of vessels needed under current use caps exceeds the number of vessels
owned by residents of the community (Section 2.3.1.3 of the Analysis).
Vessel use cap limits are a core component of the IFQ Program that are
designed to prevent consolidation and help protect entry level
opportunities. As such, the
[[Page 30274]]
Council expressed concerns about vessel operators becoming reliant on
the flexibility provided by this action and intends to develop a more
tailored, longer-term solution, that will provide a better balance
between the intent of vessel use cap provision and the evolving
circumstances in Area 4A, 4B, 4C, and 4D.
Sections 2.2.3 and 2.4 of the Analysis provide details on the
efficacy of the rulemakings in 2020, 2021, and 2022 that temporarily
removed vessel use caps in Area 4. The Analysis also includes a broader
discussion of the range of factors considered for this proposed rule
and the anticipated effects of removing the vessel use caps in Areas
4A, 4B, 4C, and 4D, for both CQE and non-CQE-associated vessels for the
2023 to 2027 fishing years. IFQ halibut harvested in Area 4 has
declined in recent years, particularly in Area 4B. Compounding
circumstances, including a decline in active processors, longer
distances to travel to deliver to a processor, and high operating
costs, have likely contributed to fewer vessels participating in Area 4
fisheries. Information provided to the Council from stakeholders also
emphasized that the decline in crab stocks has impacted the viability
of local processing markets in Area 4 and that this temporary measure
will help to improve and incentivize local access to the fishery and
provide stability for fishermen in the near term. Additionally, the
Council previously initiated a longer-term action in June 2022 to make
more measured changes to halibut vessel use caps in Area 4; however,
the Council recognized that action will take time to move through the
Council and public review process and that flexibility is needed more
immediately to provide additional stability to halibut IFQ participants
in the interim.
The Council did not recommend, and this proposed rule does not
include, measures to relieve the vessel use caps for the sablefish IFQ
fishery, or for other halibut IFQ areas, due to the larger number of
vessels that are currently active in the sablefish IFQ fishery and
these other halibut areas. As noted above, Area 4E was not included
because halibut harvested in Area 4E is entirely allocated under the
CDQ Program; therefore, vessel use caps are not constraining and not
included in this action. Detailed information indicating that halibut
harvests in other IFQ areas would not be constrained under the current
vessel use caps is available in Section 2.3.1.4 of the Analysis.
The proposed regulatory amendments in this rule would add a
regulation that would temporarily remove vessel use caps in Areas 4A,
4B, 4C, and 4D in the 2023 through 2027 fishing years. This proposed
rule would provide flexibility to facilitate harvest of the halibut
resource and is responsive to the Council request to implement this
action beginning in the 2023 fishing year.
This proposed rule would not modify other elements of the IFQ
Program. Specifically, this proposed rule would not--
<bullet> Increase or otherwise modify the annual halibut catch
limits adopted by the IPHC and implemented by NMFS (88 FR 14066, March
7, 2023);
<bullet> Modify any other conservation measures recommended by the
IPHC and implemented by NMFS, nor any other conservation measures
implemented by NMFS independent of the IPHC; or
<bullet> Modify other limitations on the use of QS and IFQ
described in the previous sections of this preamble.
Proposed Regulations
This proposed rule would add a provision at Sec. 679.42(h)(1)(iii)
to remove vessel use caps for vessels harvesting IFQ halibut in Areas
4A, 4B, 4C, and 4D from 2023 through 2027 fishing years. Because vessel
use caps are applied under existing regulations at the fishery level,
including harvest in all areas, the proposed regulations clarify that
harvest of IFQ halibut in regulatory Areas 4A, 4B, 4C, and 4D is
excluded from the calculation of vessel use caps in Areas 2C, 3A, or 3B
from 2023 through 2027.
Classification
Regulations governing the U.S. fisheries for Pacific halibut are
developed by the IPHC, the Pacific Fishery Management Council, the
North Pacific Fishery Management Council (Council), and the Secretary
of Commerce. Section 5 of the Halibut Act (16 U.S.C. 773c) allows the
Regional Fishery Management Council having authority for the geographic
area concerned to develop regulations governing the allocation and
catch of halibut in the United States portion of Convention waters
provided those regulations do not conflict with IPHC regulations. This
proposed action is consistent with the Council's authority to allocate
halibut catch among fishery participants in Convention waters off
Alaska.
This proposed rule has been determined to be not significant for
purposes of Executive Order 12866.
A Regulatory Impact Review was prepared to assess costs and
benefits of available regulatory alternatives. A copy of this analysis
is available from NMFS (see ADDRESSES). Specific aspects of the
economic analysis are discussed below in the Initial Regulatory
Flexibility Analysis section.
Initial Regulatory Flexibility Analysis
This Initial Regulatory Flexibility Analysis (IRFA) was prepared
for this proposed rule, as required by Section 603 of the Regulatory
Flexibility Act (RFA) (5 U.S.C. 603), to describe the economic impact
this proposed rule, if adopted, would have on small entities. The IRFA
describes the action; the reasons why this proposed rule is proposed;
the objectives and legal basis for this proposed rule; the number and
description of directly regulated small entities to which this proposed
rule would apply; the recordkeeping, reporting, and other compliance
requirements of this proposed rule; and the relevant Federal rules that
may duplicate, overlap, or conflict with this proposed rule. The
description of the proposed action, its purpose, and the legal basis
are explained in the preamble and are not repeated here.
For RFA purposes only, NMFS has established a small business size
standard for businesses, including their affiliates, whose primary
industry is commercial fishing (see 50 CFR 200.2). A business primarily
engaged in commercial fishing (North American Industry Classification
System code 11411) is classified as a small business if it is
independently owned and operated, is not dominant in its field of
operation (including its affiliates), and has combined annual receipts
not in excess of $11 million for all its affiliated operations
worldwide.
Number and Description of Small Entities Regulated by This Proposed
Rule
This proposed rule would directly regulate the owners and operators
of vessels that harvest halibut IFQ in IFQ Areas 4A, 4B, 4C, or 4D. As
of 2021 (the most recent year of gross revenue data), there were 98
unique vessels that harvested halibut IFQ in Areas 4A, 4B, 4C, or 4D.
Based on average annual gross revenue data, including affiliations, all
but one of these vessels that landed halibut in 2021 are considered
small entities based on the applicable $11 million threshold.
Additional details are included in Sections 2.6 in the Analysis
prepared for this proposed rule (see ADDRESSES).
Impacts of This Action on Small Entities
This action, if adopted, could better facilitate harvest of IFQ in
Area 4 during the 2023 through 2027 fishing seasons.
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Although it is difficult to discern the entire scope of impact of the
regulatory exemptions implemented for the 2020-2022 fishing seasons,
harvest rates achieved in 2020-2022 relative to prior years (2006-2019)
indicate the regulatory flexibilities implemented in 2020, 2021, and
2022 (both the temporary transfer provisions as well the vessel use cap
exemptions) had some positive impact on the harvest rates, as described
in Section 2.4.2 of the Analysis (See ADDRESSES).
Description of Significant Alternatives That Minimize Adverse Impacts
on Small Entities
The RFA requires identification of any significant alternatives to
the proposed rule that accomplish the stated objectives of the proposed
action, consistent with applicable statutes, and that would minimize
any significant economic impact of the proposed rule on small entities.
The Council considered one action alternative. No other alternatives
were considered. This action is the same as the action implemented 2022
and 2021 and similar to the action implemented in 2020, which did not
include Area 4A.
The status quo alternative would retain the existing vessel use cap
restrictions as defined under Sec. 679.42(h). It is possible that
existing vessel use caps regulations under the status quo may increase
the likelihood that some of the annual halibut allocation is left
unharvested in Area 4.
The action alternative would remove limits on the maximum amount of
halibut IFQ that may be harvested by a vessel in IFQ regulatory Areas
4A, 4B, 4C, and 4D. The action alternative and the regulations proposed
by this action, if adopted, would provide flexibility to IFQ
participants in 2023 through 2027 to ensure allocations of halibut IFQ
can be harvested by the limited number of vessels operating in these
Areas. However, this proposed action could result in a reduction in
existing operating vessels (and the associated crew jobs) and
opportunities for new entrants in Areas 4A, 4B, 4C, and 4D, due to
inability to compete with larger, more efficient, operations that are
unconstrained by vessel limitations. Additionally, if there are fewer
participants in the fishery, it is possible that landings could
consolidate to fewer processors and communities depending on landing
location and historic harvester-processor relationships.
Duplicate, Overlapping, or Conflicting Federal Rules
NMFS has not identified any duplication, overlap, or conflict
between this proposed rule and existing Federal rules.
Recordkeeping, Reporting, and Other Compliance Requirements
This action does not contain additional recordkeeping, reporting,
or other compliance requirements.
Collection-of-Information Requirements
This proposed rule contains no information collection requirements
under the Paperwork Reduction Act of 1995.
List of Subjects in 50 CFR Part 679
Alaska, Fisheries, Reporting and Recordkeeping Requirements.
Dated: May 8, 2023.
Samuel D. Rauch, III,
Deputy Assistant Administrator for Regulatory Programs, National Marine
Fisheries Service.
For the reasons set out in the preamble, NMFS proposes to amend 50
CFR part 679 as follows:
PART 679--FISHERIES OF THE EXCLUSIVE ECONOMIC ZONE OFF ALASKA
0
1. The authority citation for 50 CFR part 679 continues to read as
follows:
Authority: 16 U.S.C. 773 et seq.; 1801 et seq.; 3631 et seq.;
Pub. L. 108-447; Pub. L. 111-281.
0
2. In Sec. 679.42, add paragraph (h)(1)(iii) to read as follows:
Sec. 679.42 Limitations on use of QS and IFQ.
* * * * *
(h) * * *
(1) * * *
(iii) Notwithstanding the vessel use caps specified in paragraphs
(h)(1) introductory text and (h)(1)(ii) of this section, vessel use
caps do not apply to vessels harvesting IFQ halibut in IFQ regulatory
Areas 4A, 4B, 4C, and 4D during the 2023 through 2027 fishing years.
IFQ halibut harvested in regulatory Areas 4A, 4B, 4C, and 4D is
excluded from the calculation of vessel use caps for IFQ regulatory
Areas 2C, 3A, or 3B during the 2023 through 2027 fishing years.
* * * * *
[FR Doc. 2023-10092 Filed 5-10-23; 8:45 am]
BILLING CODE 3510-22-P
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</html>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.