Rule2024-12230
Fisheries of the Exclusive Economic Zone; Bering Sea and Aleutian Islands Crab Rationalization Program
Primary source
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Published
June 4, 2024
Effective
July 5, 2024
Issuing agencies
Commerce DepartmentNational Oceanic and Atmospheric Administration
Abstract
NMFS issues regulations to implement amendments 54 and 55 to the Fishery Management Plan (FMP) for Bering Sea and Aleutian Islands (BSAI) King and Tanner Crabs (Crab FMP). This final rule revises two provisions of the Crab Rationalization Program (CR Program) to do the following: change active crab fishery participation requirements for crab quota share (QS) established for catcher vessel crew (CVC) and catcher/processor crew (CPC), also called C Shares; expand individual processing quota (IPQ) exemptions for custom processing from processor use caps; and remove the processor facility use cap. These actions are intended to promote the goals and objectives of the Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-Stevens Act), the Crab FMP, and other applicable laws.
Full Text
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<title>Federal Register, Volume 89 Issue 108 (Tuesday, June 4, 2024)</title>
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[Federal Register Volume 89, Number 108 (Tuesday, June 4, 2024)]
[Rules and Regulations]
[Pages 47872-47878]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-12230]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 680
[Docket No. 240529-0147]
RIN 0648-BM81
Fisheries of the Exclusive Economic Zone; Bering Sea and Aleutian
Islands Crab Rationalization Program
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Final rule.
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SUMMARY: NMFS issues regulations to implement amendments 54 and 55 to
the Fishery Management Plan (FMP) for Bering Sea and Aleutian Islands
(BSAI) King and Tanner Crabs (Crab FMP). This final rule revises two
provisions of the Crab Rationalization Program (CR Program) to do the
following: change active crab fishery participation requirements for
crab quota share (QS) established for catcher vessel crew (CVC) and
catcher/processor crew (CPC), also called C Shares; expand individual
processing quota (IPQ) exemptions for custom processing from processor
use caps; and remove the processor facility use cap. These actions are
intended to promote the goals and objectives of the Magnuson-Stevens
Fishery Conservation and Management Act (Magnuson-Stevens Act), the
Crab FMP, and other applicable laws.
DATES: This rule is effective July 5, 2024, except for the addition of
a definition for ``Fishing trip'' in 50 CFR 680.2 at instruction 2 and
the amendments to 50 CFR 680.40 at instruction 5 and 50 CFR 680.43 at
instruction 8, which are effective May 31, 2024.
ADDRESSES: Electronic copies of amendments 54 and 55 to the Crab FMP,
the Regulatory Impact Reviews (RIRs), and the Categorical Exclusion
prepared for this action are available from <a href="https://www.regulations.gov">https://www.regulations.gov</a>
or from the NMFS Alaska Region website at <a href="https://fisheries.noaa.gov/region/alaska">https://fisheries.noaa.gov/region/alaska</a>. Application for Annual Crab IFQ Permit forms are
available from <a href="https://www.fisheries.noaa.gov/permit/bering-sea-and-aleutian-islands-crab-rationalization-applications-and-reporting-forms">https://www.fisheries.noaa.gov/permit/bering-sea-and-aleutian-islands-crab-rationalization-applications-and-reporting-forms</a>.
NMFS determined that this final action amending the Crab FMP is
categorically excluded from requirements to prepare an environmental
assessment under the National Environmental Policy Act.
The Environmental Impact Statement (EIS), RIR, Final Regulatory
Flexibility Analysis (FRFA), and Social Impact Assessment that were
previously prepared for the CR Program are available from the NMFS
Alaska Region website at <a href="https://www.fisheries.noaa.gov/region/alaska">https://www.fisheries.noaa.gov/region/alaska</a>.
Written comments regarding the burden-hour estimates or other
aspects of the collection-of-information requirements contained in this
final rule may be submitted to NMFS Alaska Region, P.O. Box 21668,
Juneau, AK 99802-1668, Attn: Gretchen Harrington; 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 Review'' or by using the
search function.
FOR FURTHER INFORMATION CONTACT: Andrew Olson, 907-586-7228,
<a href="/cdn-cgi/l/email-protection#4e2f202a3c2b396021223d21200e20212f2f60292138"><span class="__cf_email__" data-cfemail="6d0c03091f081a4302011e02032d03020c0c430a021b">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION: NMFS published a Notice of Availability for
amendments 54 and 55 to the Crab FMP in the Federal Register on
February 27,
[[Page 47873]]
2024 (89 FR 14427), with comments invited through April 29, 2024. NMFS
published a proposed rule to implement amendments 54 and 55 to the Crab
FMP on March 7, 2024 (89 FR 16510) with comments invited through April
8, 2024. The Secretary of Commerce has delegated her authority to
approve fishery management plan amendments to the Assistant
Administrator for NOAA fisheries, who approved amendments 54 and 55 on
May 29, 2024, after considering information from the public and
determining that amendments 54 and 55 are consistent with the Crab FMP,
the Magnuson-Stevens Act, and other applicable laws. All comments
submitted on or before April 29, 2024, were considered in the approval
of amendments 54 and 55 and the development of this final rule and no
substantive changes have been made from the proposed rule in this final
rule. A summary of the comments and NMFS's responses are provided under
the heading ``Comments and Responses'' below.
Background
This section includes a brief description of the CR Program and the
particular CR Program regulations that would be modified by this final
rule and a summary of (1) CR Program, (2) C Shares and Active
Participation Requirements, (3) IPQ Use Caps and Custom Processing, and
(4) Processer Facility Use Cap. Additional background information and
detail about the CR Program is provided in the final rule to implement
the CR Program (70 FR 10147, March 2, 2005). In this document, the
phrases ``crab fishery,'' ``crab fisheries,'' ``quota share (QS),''
``individual fishing quota (IFQ),'' and ``individual processor quota
(IPQ)'' refer to CR Program fisheries and the associated CR Program,
unless otherwise specified. A more detailed description of the need for
this rule and background information on relevant CR Program elements is
included in the preamble to the proposed rule (March 7, 2024, 89 FR
16510) and section 3.2 of the RIRs for amendments 54 and 55.
CR Program
The CR Program initially assigned QS to persons based on their
historic participation in one or more of the nine BSAI crab fisheries
during a specific time period. Under the CR Program, NMFS issued four
types of QS: catcher vessel owner (CVO) QS was assigned to holders of
License Limitation Program (LLP) licenses who delivered their catch to
shoreside crab processors or to stationary floating crab processors;
catcher/processor owner (CPO) QS was assigned to LLP license holders
who harvested and processed their catch at sea; CPC QS was issued to
operators and crew on board catcher/processor vessels; and CVC QS was
issued to operators and crew on board catcher vessels.
Each crab fishing year, which is the period from July 1 of one
calendar year through June 30 of the following calendar year (Sec.
680.2), a person who holds QS in one or more of the crab fisheries may
receive an exclusive harvest privilege for a portion of the annual
total allowable catch (TAC) of a crab fishery, called an individual
fishing quota (IFQ).
NMFS also issued processor quota share (PQS) to CR Program
processors based on their historic participation in one or more of the
nine crab fisheries during a specific time period. Each crab fishing
year, PQS yields an exclusive privilege to process a portion of the IFQ
for each crab fishery, and this annual exclusive privilege is called
IPQ. Annually, both harvester and processor QS holders must submit
timely applications to NMFS by June 15 to ensure proper issuance of IFQ
and IPQ prior to the start of the crab fishing year on July 1.
C Shares and Active Participation Requirements
The Council's intent in creating CVC QS and CPC QS in the CR
Program was to provide both a QS holding opportunity for long-term
individual fishery participants who intended to remain active in the CR
Program crab fisheries and an entry level QS acquisition opportunity
for new individual entrants. To qualify for annual issuance of IFQ and
to retain QS, CVC QS and CPC QS holders must meet active participation
requirements over the most recent, consecutive 3 and 4 crab fishing
years. Active participation requirements must be demonstrated by either
participating as crew in at least one delivery for a CR Program crab
fishery or, if the CVC QS or CPC QS holder was an initial recipient,
participating as crew in at least 30 days of fishing in any commercial
fishery managed by the State of Alaska or U.S. commercial fishery in
Federal waters off Alaska (Sec. 680.40(g)(2) and (m)). Exemptions from
participation requirements exist for CVC QS and CPC QS holders who are
new entrants and have held QS for less than 3 or 4 crab fishing years
((Sec. 680.40(g)(2)(iii) and (m)(5)), initial recipients of QS, or
individuals who participated as crew in a crab delivery prior to the CR
Program implementation (Sec. 680.41(c)(1)(vii)(B)). Currently, if a
CVC QS or CPC QS holder holds QS exclusively in a single crab fishery
and that fishery is closed for an entire crab fishing year, NMFS
excludes that year when determining if participation requirements have
been satisfied.
IPQ Use Caps and Custom Processing
When the Council recommended the CR Program, it expressed concern
about the potential for excessive consolidation of QS and PQS whereby
too few persons would control the QS or PQS and the resulting annual
IFQ and IPQ. The Council determined that excessive consolidation can
have adverse effects on crab markets, price setting negotiations
between harvesters and processors, employment opportunities for
harvesting and processing crew, tax revenue to communities in which
crab are landed, and other factors considered and described in the CR
Program EIS. To address the consolidation concerns, the CR Program
limits the amount of QS that a person can hold (i.e., own), the amount
of IFQ that a person can use, and the amount of IFQ that can be used
(i.e., fished) on board a crab fishery vessel. Similarly, the CR
Program limits the amount of PQS that a person can hold, the amount of
IPQ that a person can use (i.e., the amount of crab they can process),
and the amount of IPQ that can be processed and custom processed at a
given facility. Collectively, these harvesting and processing limits
are commonly referred to as use caps.
A custom processing arrangement exists when one IPQ holder has a
contract with the owners of a processing facility to have crab
processed at that facility, when that IPQ holder does not have an
ownership interest in the processing facility, and when that IPQ holder
is not otherwise affiliated with the owners of that crab processing
facility. The Council created custom processing arrangement exemptions
to improve operational efficiencies in crab fisheries with historically
low TACs or that occur in more remote regions. Thus, in certain CR crab
fisheries, the Council exempted IPQ crab processed under a custom
processing arrangement from applying against the IPQ use cap. Custom
processing arrangement exemptions allow processing facilities to
process more crab without triggering the IPQ use cap and prevent
potential loss of financial benefits due to forgone crab harvests.
Processor Facility Use Cap
The Eastern Aleutian Island golden king crab (EAG) (Lithodes
aequispinus) and Western Aleutian Island red king crab (WAI)
(Paralithodes camtschaticus) crab fisheries are the only 2 of the 9 CR
[[Page 47874]]
crab fisheries subject to a 60 percent cap on the amount of IPQ that
can be used at a processing facility. This 60 percent use cap provision
applies to all IPQ crab processed at a shoreside crab processor or
stationary floating crab processor and does not exempt IPQ crab that
are delivered under a custom processing arrangement from IPQ use cap
calculations. This provision was intended to limit the potential
consolidation of IPQ ownership that can occur under the custom
processing exemption and to prevent excessive consolidation of the
number of processors available to harvesters, a scenario that is more
likely in the EAG and WAI fisheries compared to the other fisheries
with custom processing exemptions given their historically relatively
small TACs compared to other crab fisheries and with the WAI fishery
being closed since the 2004/2005 crab fishing year.
Amendment 54 and Amendment 55
The final rule implements amendments 54 and 55 to the Crab FMP. The
preamble to the proposed rule provides a description of the need for
amendments 54 and 55 which is briefly summarized here.
Since 2020, the COVID-19 pandemic and abundance declines in the
Bristol Bay red king crab (BBR) and Bering Sea snow crab (BSS)
(Chionoecetes opilio) fisheries have reduced harvest opportunities for
CR Program participants resulting in processor inefficiencies,
potential for stranded (unfished) IFQ, and potential that CVC QS and
CPC QS holders would not meet active participation requirements
necessary to receive annual issuance of IFQ and retain QS in subsequent
years. This dynamic resulted in NMFS withholding IFQ or revoking QS for
CVC QS and CPC QS holders that have failed to meet active participation
requirements.
On July 15, 2022, NMFS issued an emergency rule (87 FR 42390) to
provide CVC QS and CPC QS holders 1 additional year to demonstrate
active participation in any crab fishery for receiving IFQ or
maintaining CVC QS or CPC QS, regardless of participation status in the
preceding 4 years. At the same time the Council requested that
emergency action, the Council also initiated an analysis of
alternatives for changes to CVC QS and CPC QS participation
requirements to address the reduced crew opportunities due to the
COVID-19 pandemic and abundance declines in the BBR and BSS fisheries.
The decline in crab abundance has also led to processor inefficiencies,
with more facilities than necessary processing relatively low TACs,
posing economic challenges under current IPQ use caps and risking the
stranding of IFQ.
In December 2023, the Council recommended amendments 54 and 55 to
the Crab FMP to provide operators and crew greater flexibility in
meeting CR Program participation requirements and to improve CR Program
processor efficiency. Amendment 54, amendment 55, and this final rule
are intended to help CR Program participants adapt to the BSAI crab
fisheries growing instability. There are continuing historical and
recent closures for a number of crab fisheries, some of which have been
declared overfished or are in the process of rebuilding. CR fisheries
are experiencing variable stock health dynamics impacted by
environmental change. Amendment 54 and this final rule enhance
operational flexibility for current CVC QS and CPC QS holders, equalize
active participation requirements for both initial recipients and new
entrants, and maintain that CVC QS and CPC QS are held by active
fishery participants only. Active participation requirements encourage
those who are no longer active in the crab fishery to divest their CVC
QS or CPC QS to preserve opportunities for new entrants to acquire QS.
Amendment 55 and this final rule improve processor efficiency and
enhance opportunities for IFQ processing. Further, amendment 55 and
this final rule reduce chances that IFQ will be stranded, thereby
benefiting processors, harvesters, and communities with processing
facilities.
The Final Rule
This final rule revises regulations at 50 CFR part 680. This
section describes the revisions to implement amendments 54 and 55 to
the Crab FMP, as well as additional, related revisions recommended by
the Council and/or proposed by NMFS.
C Shares and Active Participation Requirements
This final rule revises several regulations governing CVC QS, CPC
QS and active participation requirements. First, this final rule
modifies the active participation requirements for CVC QS and CPC QS
holders by restarting the 3- and 4-crab fishing year rolling timeframe
for meeting active participation requirements for all QS holders. CVC
QS and CPC QS holders must satisfy participation requirements for one
of the 3 crab fishing years preceding the crab fishing year for which
they are applying for IFQ to be eligible to receive an annual issuance
of IFQ. CVC QS and CPC QS holders must satisfy participation
requirements during one of the 4 crab fishing years preceding the crab
fishing year for which they are applying for IFQ in order to retain QS.
This final rule modifies regulations at Sec. 680.40 to restart the
active participation requirement based on this final rule's effective
date. For example, if this final rule is made effective in June 2024,
active participation requirements will restart for the 2024/2025 crab
fishing year and CVC QS and CPC QS holders will not need to demonstrate
active participation until the 2027/2028 crab fishing year for annual
issuance of IFQ and in 2028/2029 for retention of QS. In order to
receive IFQ for the 2027/2028 crab fishing year, a CVC QS or CPC QS
holder will have had to have satisfied the participation requirements
during the 2024/2025, 2025/2026, or 2026/2027 crab fishing years. For
retention of QS in the subsequent 2028/2029 crab fishing year, a CVC QS
or CPC QS holder will have had to have satisfied the participation
requirements during the 2024/2025, 2025/2026, 2026/2027, or 2027/2028
crab fishing years.
Second, this final rule adds regulations to allow a CVC QS or CPC
QS holder to request NMFS to reissue any QS that NMFS revoked between
July 1, 2019, and the effective date of this final rule. In order to
initiate reissuance of previously revoked CVC QS or CPC QS, NMFS added
a field on the Application for Annual Crab IFQ Permit to be available
for two application cycles. This approach provides approximately one
year, to encompass two application cycles (due on June 15 each year),
for an individual to request reissuance of their revoked CVC QS or CPC
QS.
Third, this final rule standardizes and expands the participation
requirements by removing the distinction between initial recipients and
new entrants and allowing for all CVC QS and CPC QS holders to satisfy
active participation requirements by either participating in at least
one fishing trip with a delivery of crab in any CR Program fishery or
by participating in crew activity in any combination on board fishing
or tender vessels in commercial fisheries managed by the State of
Alaska or a U.S. commercial fishery in Federal waters off Alaska for at
least 30 days.
Fourth, this final rule expands the single closed CR Program
fishery exemption for CVC QS and CPC QS holders with QS exclusively in
closed CR Program fisheries to apply to more than just a single closed
CR Program fishery. With this exemption, if a CVC QS or CPC QS holder
holds QS
[[Page 47875]]
exclusively in closed CR Program fisheries in a given crab fishing
year, that year will be excluded when determining if participation
requirements have been met for eligibility to receive an annual
issuance of IFQ and prevent revocation of QS.
Fifth, this final rule clarifies that the requirement to
participate as crew in at least one crab delivery in order to meet
participation requirements also includes participating in the fishing
trip that results in a crab landing. This final rule modifies the
definition of ``fishing trip'' as defined at Sec. 680.2 to be
applicable for the purposes of participation requirements at Sec.
680.40(g) and (m).
IPQ Use Caps and Custom Processing
This final rule revises several regulations concerning custom
processing and IPQ use caps. First, this final rule revises regulations
at Sec. 680.42(b) to identify BSS, BBR, and WAG crab fisheries as
fisheries in which custom processing is exempt from the IPQ use cap.
Adding these crab fisheries to those covered by the custom processing
exemption means that all crab fisheries are now included; the list of
exempt crab fisheries is no longer necessary and has been removed from
regulatory text. Under revised Sec. 680.42(b), custom processing would
count toward the IPQ use cap only in rare situations involving specific
geographic boundaries. Also, this final rule revises the remaining
regulations included at Sec. 680.42(b)(1) through (9) to specify how
IPQ use caps are calculated.
Second, this final rule revises the definition of ``custom
processing'' at Sec. 680.2 to define ownership interest consistent
with terminology used in regulations governing IPQ use caps exemptions
at Sec. Sec. 680.7(a)(7) and 680.42(b)(7). Next, this final rule adds
``custom processing'' to Sec. 680.42(b) to clarify that IPQ crab
processed as defined in Sec. 680.2 in any crab fishery does not count
towards IPQ use caps. Finally, this final rule modifies regulations at
Sec. 680.7(a)(7) in order to guide readers to Sec. 680.42(b) for IPQ
crab use cap calculations.
Third, this final rule removes regulations at Sec. 680.7(a)(8)
that prohibited using a corporate form to circumvent the IPQ use cap
through custom processing.
Lastly, this final rule revises regulations at Sec. 680.42(b)(1)
to specify that a person cannot exceed their IPQ beyond their held PQS
unless they received an initial allocation of PQS exceeding the 30
percent use cap or the IPQ is subject to an exemption specified at
Sec. 680.4(p) or is used for custom processing at a facility within
specific boundaries specified at Sec. 680.42(b)(1)(ii)(C)(2). This
final rule also modifies Sec. 680.42(b)(2) and subparagraph (ii) to
make technical fixes and accurately cite the custom processing
exemption while restructuring regulations at Sec. 680.42(b)(3) through
(6) for better clarity and comprehension.
Processer Facility Use Cap
This final rule revises regulations at Sec. 680.7(a)(9) to remove
the limit on shoreside crab processors and stationary floating crab
processors east of 174[deg] W from processing more than 60 percent of
the IPQ issued in the EAG and WAI crab fisheries. This change removes
this restriction that was specific to the EAG and WAI crab fisheries
and helps ensure that harvester IFQ is fished even if there is only one
processing facility operating for each of these crab fisheries.
Other Regulatory Provisions
This final rule also includes various technical edits and
corrections to particular regulations to remove typographical errors
and improve clarity. This final rule revises regulations at Sec.
680.41(j) to correct a typographical error to change the word ``and''
to ``an'' and at Sec. 680.42(a)(3)(i) to remove the phrase ``more
than,'' which is redundant with the preceding phrase ``in excess of.''
Finally, this final rule modifies regulations at Sec.
680.42(b)(1)(i) by replacing the phrase ``PQS in excess of'' with
``more than'' to align the language with similar terminology used at
Sec. 680.42(b)(1)(ii) regarding IPQ usage. Additionally, this final
rule modifies regulations at Sec. 680.42(b)(2) by replacing ``more
than'' with ``IPQ in excess of'' to maintain consistency with language
used in Sec. 680.42(a).
Comments and Responses
NMFS received nine comment letters on the proposed rule. Two
comments were outside the scope of this action and NMFS considered four
unique relevant comments, which are summarized and responded to below.
Comment 1: Seven commenters express support for the proposed rule
and concur with the rationale for the action to improve processor
efficiency and flexibility for CVC and CPC QS holders in meeting
participation requirements for CR Program fisheries. The commenters
urge NMFS to expedite adoption of this rule prior to the Application
for Annual Crab IFQ Permit deadline of June 15, 2024.
Response: NMFS acknowledges this comment.
Comment 2: The commenter supports this rule as long as it supports
sustainable and environmentally friendly crab harvesting and the
methods used to harvest crab do not jeopardize crab populations.
Response: NMFS acknowledges this comment. As described in the
preamble to the proposed rule, this final rule, and the RIRs, this
action does not modify the methods or processes used in determining
annual stock abundance and management of crab stocks and fisheries.
Comment 3: Two commenters express concerns with existing barriers
for new entrants to invest in CR Program fisheries and request NMFS
consider modifying CVC QS and CPC QS holder transfer eligibility
requirements to match or be similar to the participation requirements
being changed in this action under amendment 54 to increase
accessibility.
Response: This final rule modifies participation requirements to
increase flexibility for CVC QS and CPC QS holders to receive an annual
issuance of IFQ and retain QS, per amendment 54 to the Crab FMP.
Modifying regulations associated with CVC QS and CPC QS holder transfer
eligibility requirements is outside the scope of this action.
Comment 4: The commenter requests NMFS conduct an Environmental
Assessment (EA) for amendment 54 due to the RIR not adequately
considering the impact to harvest levels, crab stock abundance, and the
human environment by reinstating CVC QS and CPC QS allocation of the
crab fisheries TACs.
Response: NMFS disagrees. This final rule does not modify the
methods or processes used in determining annual stock abundance and
management of the crab stocks and fisheries, nor does it modify the
total amount of CVC QS and CPC QS under the CR Program. Amendment 54
and this final rule modify participation requirements to increase
flexibility for CVC QS and CPC QS holders to receive an annual issuance
of IFQ and retain QS. This final rule allows CVC QS and CPC QS holders
who failed to meet participation requirements and had their QS revoked
to apply for reissuance. In other words, although this final rule may
result in more CVC QS and CPC QS holders, it does not change the QS
pool available as CVC QS and CPC QS. Therefore, this final rule does
not impact harvest levels, crab stock abundance, or the human
environment. A NEPA Categorical Exclusion is appropriate for this
action since it is a technical change to a fishery management
regulation that will not result in a substantial change in fishing
location, timing, effort, authorized gear
[[Page 47876]]
types, or harvest levels. Section 3.2 of the RIR for amendment 54
provides additional detail on CR Program management and establishment
of CVC QS and CPC QS.
Changes From Proposed to Final Rule
There have been no changes in this final rule from the proposed
rule.
Classification
Pursuant to sections 304(b) and 305(d) of the Magnuson-Stevens Act,
the NMFS Assistant Administrator has determined that this final rule is
consistent with the amendments 54 and 55, other provisions of the
Magnuson-Stevens Act, and other applicable law. This final rule has
been determined to be not significant for purposes of Executive Order
12866.
Administrative Procedure Act
The NMFS Assistant Administrator finds good cause under 5 U.S.C.
553(d)(3) to waive the 30-day delay in the effective date of this final
rule for changes to amendment 54 that include participation
requirements for CVC QS and CPC QS holders, the definition of ``fishing
trip'' specified in 50 CFR 680.2, Sec. 680.40 and Sec. 680.43.
Amendment 54 is designed to benefit all CVC QS and CPC QS holders who
participate in CR Program fisheries, and waiving the 30-day delay in
the effective date of this final rule is necessary to provide CVC QS
and CPC QS holders sufficient time to complete their Application for
Annual Crab IFQ Permit. Waiver allows timely reissuance of previously
revoked QS, issuance of annual IFQ, determination of QS withholding and
revocations, and consideration of any applicable exemptions. The
Application for Annual Crab IFQ Permit are due by June 15, 2024, and
amendment 54 implementing regulations must be effective prior to this
application deadline for applicants to have access to the revised
application form and have time to request re-issuance of previously
revoked QS. Without wavier of the 30-day cooling off-period for the
regulations implementing amendment 54, CVC QS and CPC QS holders would
not realize the benefits of this action until the subsequent 2025/2026
crab fishing year, resulting in unnecessary economic hardship. For
reasons set forth in the Analysis and the preambles of the proposed
rule and the final rule, the Council and NMFS have determined that
these actions will provide flexibility for CVC QS and CPC QS holders to
meet participation requirements regardless of the level of crab
abundance and remain active participations in CR Program fisheries.
Certification Under the Regulatory Flexibility Act
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 does not
have a significant economic impact on a substantial number of small
entities. The factual basis for the certification was published in the
proposed rule and is not repeated here. No comments were received
regarding this certification. As a result, a regulatory flexibility
analysis was not required and none was prepared.
Regulatory Impact Review
A Regulatory Impact Review was prepared for amendment 54 and 55 to
assess all costs and benefits of available regulatory alternatives.
Copies of these RIRs are available from NMFS (see ADDRESSES). The
Council recommended amendments 54, 55, and the regulatory revisions in
this final rule based on those measures that maximized net benefits to
the Nation. Specific aspects of the economic analysis are discussed
above in the Certification under the Regulatory Flexibility Act
section.
Collection-of-Information Requirements
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 final rule revises
the existing requirements for the collection of information OMB Control
Number 0648-0514 (Alaska Region Crab Permits). Because of a concurrent
action for 0648-0514, the revision to that collection of information
for this final rule was assigned a temporary control number, 0648-0820,
that will later be merged into 0648-0514. This collection is revised to
add an option to the Application for Annual Crab IFQ Permit for a CVC
QS and CPC QS holder to request reissuance of previously revoked CVC QS
or CPC QS. This final rule does not change the number of respondents,
responses, burden hours, or burden costs for this application. Public
reporting burden for the Application for Annual Crab IFQ Permit is
estimated to average 2.5 hours, 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
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Notwithstanding any other provisions of law, no person is required
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List of Subjects in 50 CFR Part 680
Alaska, Fisheries, Reporting and recordkeeping requirements.
Dated: May 30, 2024.
Samuel D. Rauch, III,
Deputy Assistant Administrator for Regulatory Programs, National Marine
Fisheries Service.
For the reasons set out in the preamble, NMFS amends 50 CFR part
680 as follows:
PART 680--SHELLFISH FISHERIES OF THE EXCLUSIVE ECONOMIC ZONE OFF
ALASKA
0
1. The authority citation for 50 CFR part 680 continues to read as
follows:
Authority: 16 U.S.C. 1862; Pub. L. 109-241; Pub. L. 109-479.
0
2. Effective May 31, 2024, amend Sec. 680.2 by adding a definition for
``Fishing trip'' in alphabetical order to read as follows:
Sec. 680.2 Definitions.
* * * * *
Fishing trip means, for the purposes of Sec. Sec. 680.7(e)(2) and
680.40(g)(2)(i)(A) and (m)(2)(i), the period beginning when a vessel
operator commences harvesting crab in a crab QS fishery and ending when
the vessel operator offloads or transfers any processed or unprocessed
crab in that crab QS fishery from that vessel.
* * * * *
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3. Effective July 5, 2024, further amend Sec. 680.2 by revising the
definition of ``Custom processing'' and removing the definition of
``Fishing trip for purposes of Sec. 680.7(e)(2)''.
The revision reads as follows:
Sec. 680.2 Definitions.
* * * * *
[[Page 47877]]
Custom processing means processing crab in any CR fishery when the
IPQ holder does not have a 10 percent or greater direct or indirect
ownership interest in the processing facility or affiliation with the
processing facility's owners.
* * * * *
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4. Effective July 5, 2024, amend Sec. 680.7 by:
0
a. Adding a comma after the first use of ``fishery'' in paragraph
(a)(5);
0
b. Revising paragraph (a)(7); and
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c. Removing paragraphs (a)(8) and (9).
The revision reads as follows:
Sec. 680.7 Prohibitions.
(a) * * *
(7) For an IPQ holder to use more IPQ than the maximum amount of
IPQ that may be held by that person under Sec. 680.42(b).
* * * * *
0
5. Effective May 31, 2024, amend Sec. 680.40 by revising paragraphs
(g)(2), (g)(3) introductory text, and (m)(1), (2), and (5) and adding
paragraph (m)(6) to read as follows:
Sec. 680.40 Crab quota share (QS), processor QS (PQS), individual
fishing quota (IFQ), and individual processor quota (IPQ).
* * * * *
(g) * * *
(2) Eligibility for CVC IFQ and CPC IFQ. For each crab fishing year
after June 30, 2027, individuals holding CVC QS or CPC QS permits must
meet the participation requirements set forth in paragraph (g)(2)(i) of
this section in order to receive CVC IFQ or CPC IFQ, unless the CVC QS
permit holder or CPC QS permit holder meets the exemption provided in
paragraph (g)(2)(ii) of this section.
(i) During one of the 3 crab fishing years preceding the crab
fishing year for which the individual is filing an annual crab IFQ
permit application, the individual has participated as crew in at
least:
(A) One fishing trip where a delivery of crab is made in any CR
fishery; or
(B) 30 days of:
(1) Fishing in a commercial fishery managed by the State of Alaska
or in a Federal commercial fishery in the EEZ off Alaska. Individuals
may combine their participation as crew in State of Alaska and Federal
commercial fisheries in waters off Alaska to meet this requirement; or
(2) On a tender vessel operating in support of a commercial fishery
managed by the State of Alaska or in a Federal commercial fishery in
the EEZ off Alaska. Individuals may combine their participation as crew
on a tender vessel in State of Alaska and Federal commercial fisheries
in waters off Alaska to meet this requirement.
(C) Individuals may combine their participation specified in
paragraphs (g)(2)(i)(B)(1) and (2) of this section to meet this
requirement.
(D) If the individual holds CVC QS or CPC QS in one or more CR
fisheries and all CR crab fisheries for which the QS holder holds QS
are closed, NMFS will exclude that crab fishing year when determining
whether the individual has satisfied the participation requirements
specified in paragraph (g)(2)(i) of this section.
(ii) All of the CVC QS or CPC QS permits held by the individual
were acquired using the eligibility criteria in Sec.
680.41(c)(1)(vii)(B) or reissued under paragraph (m)(6) of this section
and the individual has held those CVC QS or CPC QS permits for less
than 3 crab fishing years.
(3) Withholding of CVC IFQ or CPC IFQ. Beginning July 1, 2027, the
Regional Administrator will withhold issuance of CVC IFQ or CPC IFQ to
an individual who has not met the participation requirements set forth
in paragraph (g)(2) of this section. The Regional Administrator will
withhold an individual's CVC IFQ or CPC IFQ in accordance with the
procedures set forth in paragraphs (g)(3)(i) and (ii) of this section.
* * * * *
(m) * * *
(1) Beginning July 1, 2028, and each crab fishing year thereafter,
individuals allocated CVC QS or CPC QS must meet the participation
requirements set forth in paragraph (m)(2) of this section in order to
retain their CVC QS or CPC QS unless the CVC QS holder or CPC QS holder
meets the exemption provided in paragraph (m)(5) of this section.
(2) During one of the 4 crab fishing years preceding the crab
fishing year for which the individual is filing an annual crab IFQ
permit application, the individual has participated as crew in at
least:
(i) One fishing trip where a delivery of crab is made in any CR
fishery; or
(ii) 30 days of:
(A) Fishing in a commercial fishery managed by the State of Alaska
or in a Federal commercial fishery in the EEZ off Alaska. Individuals
may combine their participation as crew in State and Federal commercial
fisheries to meet this requirement; or
(B) On a tender vessel operating in support of a commercial fishery
managed by the State of Alaska or in a Federal commercial fishery in
the EEZ off Alaska. Individuals may combine their participation as crew
on a tender vessel in State and Federal commercial fisheries to meet
this requirement.
(iii) Individuals may combine participation specified in paragraphs
(m)(2)(ii)(A) and (B) of this section to meet this requirement.
(iv) If the individual holds CVC QS or CPC QS in one or more CR
crab fisheries and all CR crab fisheries for which the QS holder holds
QS are closed, NMFS will exclude that crab fishing year when
determining whether the individual has satisfied the participation
requirement specified in this paragraph (m)(2).
* * * * *
(5) All of the CVC QS or CPC QS permits held by the individual were
acquired using the eligibility criteria in Sec. 680.41(c)(1)(vii)(B)
or reissued under paragraph (m)(6) of this section, and the person has
held those CVC QS or CPC QS permits for less than 4 crab fishing years.
(6) For CVC QS or CPC QS revoked by NMFS under regulations
paragraph (m)(2) of this section from July 1, 2019, through May 31,
2024, an individual may apply for reissuance of QS with the
individual's annual crab IFQ permit application from May 31, 2024
through June 15, 2025.
Sec. 680.41 [Amended]
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6. Effective July 5, 2024, amend Sec. 680.41 by removing the word
``and'' and adding in its place the word ``an'' in the paragraph (j)
heading.
0
7. Effective July 5, 2024, amend Sec. 680.42 by:
0
a. Removing the phrase ``more than'' in paragraph (a)(3)(i)
introductory text;
0
b. Removing the phrase ``more than'' and adding in its place the phrase
``PQS in excess of'' in the first sentence of paragraph (b)(1)(i);
0
c. Revising paragraphs (b)(1)(ii)(A) and (B);
0
d. Adding paragraph (b)(1)(ii)(C);
0
e. Revising paragraphs (b)(2) introductory text, (b)(2)(ii), and
(b)(3);
0
f. Redesignating paragraphs (b)(4) through (6) as paragraphs (b)(7)
through (9);
0
g. Adding new paragraphs (b)(4) through (6);
0
h. Removing the reference to ``(b)(4)(iv)'' and adding in its place
``(b)(7)(iv)'' in newly redesignated paragraph (b)(7) introductory
text;
0
i. Removing ``paragraph (b)(4) of this section'' and adding in its
place ``this paragraph (b)(7)'' in newly redesignated paragraph
(b)(7)(iv); and
0
j. Removing ``(b)(4)'' and adding in its place ``(b)(7)'' in newly
redesignated paragraph (b)(8) introductory text.
The revisions and additions read as follows:
[[Page 47878]]
Sec. 680.42 Limitations on use of QS, PQS, IFQ, and IPQ.
* * * * *
(b) * * *
(1) * * *
(ii) * * *
(A) Derived from PQS that was received by that person in the
initial allocation of PQS for that crab QS fishery; or
(B) Subject to an exemption for that IPQ pursuant to Sec.
680.4(p); or
(C) Used for custom processing at a facility that is:
(1) Any shoreside crab processor located within the boundaries of a
home rule, first class, or second class city in the State of Alaska in
existence on June 29, 2009; or
(2) Any stationary floating crab processor that is:
(i) Located within the boundaries of a home rule, first class, or
second class city in the State of Alaska in existence on June 29, 2009;
(ii) Moored at a dock, docking facility, or at a permanent mooring
buoy, unless that stationary floating crab processor is located within
the boundaries of the city of Atka in which case that stationary
floating crab processor is not required to be moored at a dock, docking
facility, or at a permanent mooring buoy; and
(iii) Located within a harbor, unless that stationary floating crab
processor is located within the boundaries of the city of Atka on June
29, 2009, in which case that stationary floating crab processor is not
required to be located within a harbor.
(2) A person may not use IPQ in excess of 60 percent of the IPQ
issued in the BSS crab QS fishery with a North region designation
during a crab fishing year. Except that a person who:
* * * * *
(ii) Has a 10 percent or greater direct or indirect ownership
interest in the shoreside crab processor or stationary floating crab
processor where that IPQ crab is processed will not be considered to
use any IPQ in the BSS crab QS fishery with a North region designation
if that IPQ is custom processed at a facility consistent with paragraph
(b)(1)(ii)(C) of this section.
(3) A non-individual entity holding PQS will be required to
provide, on an annual basis, a list of persons with an ownership
interest in the non-individual entity. This ownership list shall be
provided to the individual level, will include the percentage of
ownership held by each owner, and must be submitted annually with the
complete application for a crab IFQ/IPQ permit.
(4) A person will be considered to be a holder of PQS for purposes
of applying the PQS use caps in this paragraph if that person:
(i) Is the sole proprietor of an entity that holds PQS; or
(ii) Is not a CDQ group and directly or indirectly owns a 10
percent or greater interest in an entity that holds PQS.
(5) A person that is not a CDQ group and holds PQS is limited to a
PQS use cap that is calculated based on the sum of all PQS held by that
PQS holder and all PQS held by any affiliate of the PQS holder. A
person that is not a CDQ group and holds IPQ is limited to an IPQ use
cap that is calculated based on the sum of all IPQ held by that IPQ
holder and all IPQ held by any affiliate of the IPQ holder.
(6) A CDQ group that holds PQS is limited to a PQS use cap that is
calculated based on the sum of all PQS held, individually or
collectively, by that CDQ group. A CDQ group that holds IPQ is limited
to an IPQ use cap that is calculated based on the sum of all IPQ held,
individually or collectively, by that CDQ group.
* * * * *
0
8. Effective May 31, 2024, amend Sec. 680.43 by revising paragraph (a)
to read as follows:
Sec. 680.43 Revocation of CVC and CPC QS.
(a) Beginning July 1, 2028, the Regional Administrator will revoke
all CVC QS and CPC QS held by an individual who has not met the
participation requirements set forth in Sec. 680.40(m). The Regional
Administrator will revoke an individual's CVC QS or CPC QS in
accordance with the procedures set forth in this section.
* * * * *
[FR Doc. 2024-12230 Filed 5-31-24; 8:45 am]
BILLING CODE 3510-22-P
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