Rule2023-15816
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
Primary source
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Published
July 26, 2023
Effective
July 26, 2023
Issuing agencies
Commerce DepartmentNational Oceanic and Atmospheric Administration
Abstract
NMFS issues this final rule to revise regulations for the commercial individual fishing quota (IFQ) Pacific halibut (halibut) fisheries for 2023 through 2027. This rule removes 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 provides 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 142 (Wednesday, July 26, 2023)</title>
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[Federal Register Volume 88, Number 142 (Wednesday, July 26, 2023)]
[Rules and Regulations]
[Pages 48137-48140]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-15816]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 679
[Docket No. 230720-0171]
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: Final rule.
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SUMMARY: NMFS issues this final rule to revise regulations for the
commercial individual fishing quota (IFQ) Pacific halibut (halibut)
fisheries for 2023 through 2027. This rule removes 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 provides
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: Effective July 26, 2023.
ADDRESSES: 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="https://www.regulations.gov">https://www.regulations.gov</a>
identified by docket number NOAA-NMFS-2023-0055 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 or
<a href="/cdn-cgi/l/email-protection#d796bbbeb4beb6f9baf9babebbbbb2a597b9b8b6b6f9b0b8a1"><span class="__cf_email__" data-cfemail="bdfcd1d4ded4dc93d093d0d4d1d1d8cffdd3d2dcdc93dad2cb">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION: NMFS published a proposed rule in the
Federal Register on May 11, 2023 (88 FR 30272), with public comments
invited through June 12, 2023. NMFS received two comment letters on the
proposed rule. A summary of the comments and NMFS' responses are
provided under the heading Comments and Responses below. The following
[[Page 48138]]
background sections describe the IFQ Program, the halibut IFQ vessel
use caps, and this final rule. Detailed descriptions of the IFQ Program
and the rationale and effects of this action are included in the
preamble to the proposed rule and in the Analysis prepared for this
action and are not repeated here (see ADDRESSES).
Background
This rule implements regulations to temporarily remove vessel use
caps in Areas 4A, 4B, 4C, and 4D for 2023 through 2027. Vessel use caps
were recommended by the North Pacific Fishery Management Council
(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 International Pacific
Halibut Commission (IPHC) and consistent with the Halibut Act (16
U.S.C. 773c(c)).
IFQ Program
Commercial halibut and sablefish fisheries in Alaska are subject to
regulation under the IFQ Program and the Community Development Quota
(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 quota share (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 (Sec. 679.40(a)(5)).
NMFS annually issues IFQ permits to each QS holder. IFQ permits
authorize permit holders to harvest a specified amount of a particular
IFQ species in an area from a specific operation type and vessel
category, consistent with the QS they hold. IFQ is expressed in pounds
(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)
(Sec. 679.42(f)); (2) limits on the number of small amounts of
indivisible QS units, known as QS blocks, that a person can hold (Sec.
679.42(g)); (3) limits on the ability of IFQ assigned to one C/V vessel
category (vessel category B, C, or D IFQ) to be fished on a different
(larger) vessel category with some limited exceptions (Sec.
679.42(a)(2)); and (4) limits on the maximum amount of halibut IFQ that
may be harvested by a vessel during an IFQ fishing year (Sec.
679.42(h)). Only qualified individuals and initial recipients of QS are
eligible to hold C/V QS, and they are required to be on the vessel when
the IFQ is being fished, with a few limited exceptions (Sec.
679.41(h)(2)). All of these limitations were established to retain the
owner-operator nature of the 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 in any fishing year. 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 fleet consolidation and reduction of crew
jobs 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 preamble 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.
This rule does not modify the vessel use caps for Areas 2C, 3A, 3B,
and 4E. Vessels in these areas cannot be used to harvest more halibut
IFQ than one-half percent of the combined total catch limits of halibut
(Sec. 679.42(h)(1)). Applying this regulation to 2023 yields a vessel
use cap of 89,030 lb (40.4 mt) in all areas. This final rule provides
flexibility to vessels harvesting halibut IFQ in Areas 4A, 4B, 4C, and
4D by removing the vessel use cap for 2023 through 2027. Vessels
harvesting halibut IFQ in these areas are therefore not limited to a
maximum proportion of annual halibut IFQ that may be harvested on a
vessel. 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, the vessel use cap applicable to Area 4E is not modified
by this rule.
This rule also removes the vessel use cap applicable to a Community
Quota Entity (CQE) in Area 4B from 2023 through 2027. In Area 4B, 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 not subject to the vessel use cap regulations at
Sec. 679.42(h)(1)(ii) from the effective date of this final rule
through 2027. Unless modified by a subsequent rulemaking, any vessel
harvesting halibut IFQ derived from the QS held by the CQE representing
the community of Adak after 2027 will be limited to harvest no more
than 50,000 lb (22.7 mt).
This rule does not modify other elements of the IFQ Program, nor
IPHC actions related to the program. Specifically, this rule does not
do any of the following:
<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.
Final Regulations
This rule adds 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 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 Area 2C, 3A, or 3B
[[Page 48139]]
from 2023 through 2027. Unless modified by a subsequent rulemaking,
after 2027, no vessel in Areas 2C, 3A, 3B, 4A, 4B, 4C, 4D, and 4E can
be used to harvest more halibut IFQ than one-half percent of the
combined total catch limits of halibut (Sec. 679.42(h)(1)).
Changes From Proposed to Final Rule
NMFS did not make changes to the regulatory text in this final rule
from the regulatory text in the proposed rule.
Comments and Responses
NMFS received two comment letters during the public comment period
for the proposed rule (88 FR 30272, May 11, 2023). One letter was from
a CQE authorized to hold QS in Area 4B and the other was from an
individual on a topic outside the scope of this action. Below, NMFS
summarizes and responds to the three unique relevant comments.
Comment 1: We support the proposed action to suspend the halibut
IFQ vessel use caps in Area 4B for 2023 through 2027.
Response: NMFS acknowledges this comment.
Comment 2: The proposed regulatory language at Sec.
679.42(h)(1)(iii) does not explicitly mention a ``CQE'' but it is
clearly inclusive of all vessels harvesting IFQ halibut in Area 4B and
this includes IFQ derived from QS held by the CQE in Area 4B.
Response: NMFS agrees. This rule removes the vessel use cap
applicable to a vessel harvesting IFQ derived from QS held by a CQE in
Area 4B for 2023 through 2027.
Comment 3: This action provides additional flexibility to the CQE
authorized to hold QS in Area 4B by removing the 50,000 lb vessel use
cap that would otherwise be applicable to harvesting vessels. Removing
this vessel use cap will allow more of the CQE-held QS to be harvested
and support the local economy.
Response: NMFS acknowledges this comment.
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
action is consistent with the Council's authority to allocate halibut
catch among fishery participants in Convention waters off Alaska.
Under 5 U.S.C. 553(d)(1), NMFS waives the 30-day delay in effective
date of this final rule, which relieves a restriction on vessels by
removing the use cap. It is important that this final rule is
implemented in a timely manner before fishing vessels reach their use
caps. An expedited implementation provides much needed flexibility and
prevents unnecessary limits on fishing activity.
This final 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 Final Regulatory
Flexibility Analysis section.
A final regulatory flexibility analysis (FRFA) was prepared. The
FRFA incorporates the initial regulatory flexibility analysis (IRFA), a
summary of the significant issues raised by any public comments in
response to the IRFA, NMFS' responses to any such comments, and a
summary of the analyses completed to support the action.
Small Entity Compliance Guide
Section 212 of the Small Business Regulatory Enforcement Fairness
Act of 1996 states that, for each rule or group of related rules for
which an agency is required to prepare a final regulatory flexibility
analysis, the agency shall publish one or more guides to assist small
entities in complying with the rule and shall designate such
publications as ``small entity compliance guides.'' Copies of the
proposed rule, this final rule, and the small entity compliance guide
are available on the Alaska Region's website at: <a href="https://www.fisheries.noaa.gov/alaska/sustainable-fisheries/pacific-halibut-and-sablefish-individual-fishing-quota-ifq-program">https://www.fisheries.noaa.gov/alaska/sustainable-fisheries/pacific-halibut-and-sablefish-individual-fishing-quota-ifq-program</a>.
Final Regulatory Flexibility Analysis
This FRFA incorporates the IRFA and the analyses completed to
support this action. Section 604 of the Regulatory Flexibility Act
(RFA) requires that when an agency promulgates a final rule under
section 553 of Title 5 of the U.S. Code, after being required by that
section or any other law to publish a general notice of proposed
rulemaking, the agency shall prepare a FRFA. Section 604 describes the
required contents of a FRFA: (1) A statement of the need for and
objectives of the rule; (2) a statement of the significant issues
raised by the public comments in response to the IRFA, a statement of
the assessment of the agency of such issues, and a statement of any
changes made to the proposed rule as a result of such comments; (3) the
response of the agency to any comments filed by the Chief Counsel for
Advocacy of the Small Business Administration (SBA) in response to the
proposed rule, and a detailed statement of any change made to the
proposed rule in the final rule as a result of the comments; (4) a
description of and an estimate of the number of small entities to which
the rule will apply or an explanation of why no such estimate is
available; (5) a description of the projected reporting, recordkeeping,
and other compliance requirements of the rule, including an estimate of
the classes of small entities that will be subject to the requirement
and the type of professional skills necessary for preparation of the
report or record; and (6) a description of the steps the agency has
taken to minimize the significant economic impact on small entities
consistent with the stated objectives of applicable statutes including
a statement of the factual, policy, and legal reasons for selecting the
alternative adopted in this final rule and why each one of the other
significant alternatives to the rule considered by the agency which
affect the impact on small entities was rejected.
A description of this final rule and the need for and objectives of
this rule are contained in the preamble to this final rule and the
preamble to the proposed rule (88 FR 30272, May 11, 2023). That
description is not repeated here.
Public and Chief Counsel for Advocacy Comments on the IRFA
NMFS published the proposed rule on May 11, 2023 (88 FR 30272). An
IRFA was prepared and included in the Classification section of the
preamble to the proposed rule. The comment period for the proposed rule
closed on June 12, 2023. The Chief Counsel for Advocacy of the SBA did
not file any comments on the proposed rule. NMFS received no comments
specifically on the IRFA; therefore, no changes were made to this rule
as a result of comments on the IRFA.
Number and Description of Small Entities Regulated by This Final Rule
This final rule directly regulates the owners and operators of
vessels that harvest halibut IFQ in IFQ Area 4A, 4B, 4C, or 4D. As of
2021 (the most recent
[[Page 48140]]
year of gross revenue data), there were 98 unique vessels that
harvested halibut IFQ in Area 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 section 2.6 in the Analysis prepared for the proposed rule
(see ADDRESSES).
Recordkeeping, Reporting, and Other Compliance Requirements
This action does not contain additional recordkeeping, reporting,
or other compliance requirements.
Description of Significant Alternatives That Minimize Adverse Impacts
on Small Entities
The RFA requires identification of any significant alternatives
that accomplish the stated objectives of the action, consistent with
applicable statutes, and that would minimize any significant economic
impact of the action on small entities. No alternatives to the action
were considered. This action is the same as the action implemented in
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 such
restrictions would 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
contained in this action 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 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. 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.
Collection-of-Information Requirements
This 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: July 21, 2023.
Kimberly Damon-Randall,
Acting Deputy Assistant Administrator for Regulatory Programs, National
Marine Fisheries Service.
For the reasons set out in the preamble, NMFS amends 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
Area 2C, 3A, or 3B during the 2023 through 2027 fishing years.
* * * * *
[FR Doc. 2023-15816 Filed 7-25-23; 8:45 am]
BILLING CODE 3510-22-P
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