Magnuson-Stevens Act Provisions; Fisheries Off West Coast States; Pacific Coast Groundfish Fishery; Correction, 55153-55158 [2012-21990]
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Federal Register / Vol. 77, No. 174 / Friday, September 7, 2012 / Rules and Regulations
according to 40 CFR 227.13, from the
Yaquina Bay and River navigation
channel and adjacent areas;
(2) Disposal shall be managed by the
restrictions and requirements contained
in the currently-approved Site
Management and Monitoring Plan
(SMMP);
(3) Monitoring, as specified in the
SMMP, is required.
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[FR Doc. 2012–22100 Filed 9–6–12; 8:45 am]
BILLING CODE 6560–50–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 660
[Doc. No 120403252–2392–01]
RIN 0648–BC06
Magnuson-Stevens Act Provisions;
Fisheries Off West Coast States;
Pacific Coast Groundfish Fishery;
Correction
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Final rule; correcting
amendment.
AGENCY:
This action corrects
groundfish regulations that were
published in three final rules. The first
was published on December 15, 2010,
and established various provisions of
the trawl rationalization program; the
second published on May 11, 2011, and
established the 2011–2012 harvest
specifications and management
measures for groundfish; the third
published in December 1, 2011, and
made revisions to the trawl program.
This rules corrects inadvertent errors
that, although they will not modify
current fishing practices need to be
corrected so that the rule text comports
with the intent as expressed in the rules’
preambles. This rule includes but is not
limited to corrections to coordinates
defining depth countours that apply to
all fisheries, permit renewal dates,
observer requirements, recreational
regulations, processor obligations in the
MS sector, the forms used to transfer an
MS/CV endorsement, and others. Each
correction is explained below.
DATES: Corrections to regulations at
§ 660.25(b)(4)(i)(B), 660.140(d)(3)(i)(B)
and (e)(3)(i)(B) are effective September
7, 2012. The remaining corrections are
effective on September 24, 2012.
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SUMMARY:
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FOR FURTHER INFORMATION CONTACT:
Sarah Williams (Northwest Region,
NMFS), phone: 206–526–4646; fax: 206–
526–6736 and email:
sarah.williams@noaa.gov.
SUPPLEMENTARY INFORMATION:
Background
This action corrects regulations that
were published in three separate final
rules for the Pacific Coast groundfish
fisheries managed under 50 CFR 660
subparts C through F in order to
correctly reflect Council intent. The
final rules that are the subject of this
correction are as follows: (1) Trawl
Rationalization Program Components
final rule (program components rule)
published on December 15, 2010, (75 FR
78344); (2) 2011–2012 Biennial Harvest
Specifications and Management
Measures final rule (2011–2012
specifications rule) published on May
11, 2011, (76 FR 28897); and (3) Trawl
Program Improvement and
Enhancement final rule (PIE rule)
published on December 1, 2011, (76 FR
74725). As published, the three final
rules contain inadvertent errors that,
although they will not modify current
fishing practices need to be corrected so
that the rule text comports with the
intent as expressed in the rules’
preambles. Each correction is explained
below grouped together by the final rule
that originally published the
regulations.
None of these changes will result in
any vessel or vessel owner having to
modify its behavior in order to comply
with the rules. In fact, the fishery
already complies with the rules as they
were intended to be written.
Accordingly, these corrections are just
that; they make changes necessary to
have the rule text reflect both NMFS’
original intent—as expressed in the
preambles to the rules—as well as to
current fishery practice.
Corrections to Regulations
Implemented as Part of the Program
Components Rule
There are four corrections to the
Program Components final rule, as
follows:
(1) Correct regulations to specify that
all commercial vessels processing
groundfish at sea carry an observer.
During implementation of Amendment
20 to the Pacific Coast Groundfish
Fishery Management Plan (PCGFMP),
which restructured the entire
groundfish regulations, this existing
provision, which required observers on
all commercial vessel processing at-sea,
was inadvertently changed from
applying to all commercial fisheries to
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55153
only applying to the at-sea whiting
fisheries. Nonetheless, all commercial
fisheries continued to use observers on
board. To bring the rules in line with
the original intent, this action modifies
the observer requirement language to
include all vessels that process
groundfish at sea. The affected fisheries
are as follows: Shorebased IFQ Program
(§ 660.140(h)(1)(i)), the limited entry
fixed gear fishery (§ 660.216(a)), and the
open access fishery (§ 660.316(a)). See
68 FR 53334 (September 10, 2003) for
more history on this requirement.
(2) Correct regulations at
§ 660.150(g)(2)(i)—the Mothership (MS)
program—to clarify that processor
obligations are to an MS permit and not
to the MS vessel. This change is
necessary to make the MS regulations
consistent with the processor obligation
in the MS Coop Program, as defined
under ‘‘processor obligation’’ at
§ 660.111 and specified at
§ 660.150(c)(7)(i).
(3) Correct language at § 660.114(b), in
the third column of the table, which
specifies who is required to submit an
Economic Data Collection (EDC) form.
This change makes the third column of
the table consistent with § 660.113(d)(1),
and the table now requires owners,
lessees, and charterers of a vessel
registered to a C/P endorsed limited
entry trawl permit to submit an EDC.
Vessels subject to this rule, as revised,
are already providing the EDCs; this
clarification merely corrects the
language of the table to make it more
clear who needs to submit the EDCs.
(4) Correct language at
§§ 660.150(d)(2) and 660.160(d)(2) to
specify that if an applicant does not
appeal an initial administrative decision
(IAD) in the trawl rationalization
program within 30 calendar days, that
the decision in the IAD becomes the
final decision. This correction will make
this provision consistent with the
limited entry permit regulations at
§ 660.25(g)(4)(ii) for IADs.
Correction to Regulations Implemented
as Part of the PIE Rule
There are four corrections to the PIE
rule, as follows:
(1 and 2) Correct language at
§§ 660.112 and 660.140 to specify that
an observer must be on the vessel while
in port unless the observer provides a
form to the catch monitor documenting
the weight and number of select
overfished species (bocaccio, canary
rockfish, cowcod, and yelloweye
rockfish) retained on board by the vessel
during that IFQ trip. The current
regulations at § 660.112 and
management measures at § 660.140 are
unclear on the requirements for
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documenting IFQ species (all IFQ
species versus the specified overfished
species). Additionally corrections
clarify that a vessel must carry an
observer in port any time the vessel is
underway in port, not just between
delivery points.
(3) Correct § 660.150(g)(2)(iv)(B) to
specify the proper form used to transfer
an MS/CV endorsement. A request to
change an MS/CV endorsement requires
use of a unique form from the Fisheries
Permit Office and may not be requested
using the change in vessel registration
and permit ownership form as currently
stated in regulations.
(4) Correct regulations at
§ 660.150(d)(1)(v) regarding software
requirements for electronic fish tickets.
Current regulations erroneously state
that an operating system such as
‘‘Windows 2007’’ may be used; there is
no such operating system so this system
is removed.
Corrections to Regulations
Implemented as Part of the 2011–2012
Specifications Rule
There are two corrections to the 2011–
2012 specifications rule, as follows:
(1) Correct coordinates at
§ 660.71(b)(25) and (c)(55), which define
the 10-fm (18-m) through 40-fm (73-m)
depth contour. The coordinates are
expressed in degrees latitude and
longitude, and define large-scale
boundaries utilized in managing the
groundfish fishery. These corrections
change incorrect and transposed
coordinate numbers listed in the final
rule; and better defines the intended
boundary lines. These corrections do
not change the intent or application of
the geographic area described in the
proposed and final rules that
implemented the 2011–2012 harvest
specifications and management
measures.
(2) Correct language at § 660.360(c)(3)
to allow spearfishing for lingcod during
the same seasons as all of the other
modes of the California recreational
fishery, consistent with the Council
motion. The 2011–2012 specifications
final rule revised all recreational fishing
modes to match the season restrictions
for the rockfish, cabezon, greenling
(RCG) complex in all of the California
recreational fishery management areas.
However, the change to lingcod seasons
for spearfishing, one mode of the
California recreational fishery, was
mistakenly not revised and was
therefore inconsistent with the
Council’s recommendation and with
spearfishing regulations implemented
by the California Department of Fish
and Game. This correction extends the
lingcod season for spearfishers by
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exempting anglers using only
spearfishing gear from lingcod season
restrictions. The effects of the change to
lingcod seasons and mortality of other
Groundfish species, for all California
recreational fishery modes including
spearfishing, was analyzed in the Final
Environmental Impact Statement on the
2011–2012 harvest specifications and
management measures.
Correction to Permit Renewal Date
To be consistent with the FMP
provisions for limited entry permit
renewal, this correction revises the date
by which NMFS will mail permit
renewal notices from September 1st to
requiring mailing by September 15th
each year, and makes corresponding
changes to the renewal process for
Quota Share (QS) permits/accounts and
vessel accounts. This change will allow
NMFS’ Permits Office to complete any
pending transfers (changes in vessel
registration or permit ownership) for the
start of the September 1 cumulative
limit period before sending out permit
renewal notices in addition to other
benefits discussed below. The following
sections are revised:
(1) § 660.25(b)(4)(i)(B) for LE permits.
(2) § 660.140(d)(3)(i)(B) for QS
permits/accounts.
(3) § 660.140(e)(3)(i)(B) for vessel
accounts.
NMFS notes that this change still
gives the affected public adequate time
to renew their permits because it still
allows 2 weeks advance notice of the
October 1-November 30 permit renewal
period.
Classification
The Assistant Administrator for
Fisheries, NOAA (AA) finds good cause
under 5 U.S.C. 553(b)(B), to waive the
requirement for prior notice and
opportunity for additional public
comment for this action because notice
and comment are unnecessary and
contrary to the public interest. This
action simply makes corrections to
accurately reflect the intent of the rules
as expressed in the preamble of the final
rules. In the text of those rules,
however, NMFS inadvertently omitted
various clauses or phrases that the
preambles suggested would be included
in the text. This action merely codifies
NMFS’ original intent for these rules.
Moreover, because the parties subject to
these rules already comply with the
provisions as if these changes had
already been made, and because the
public had prior notice and opportunity
to comment on the original rules—
including the preambles—when they
were issued, NMFS believes that
allowing a second round of notice and
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comment on these rules may only
further confuse the mistakes this rule
would clarify. Moreover, these
corrections are not substantive, because
the regulated community has been
acting in a manner consistent with the
intent of the rules as expressed in their
respective preambles. Implementing this
rule immediately will allow the updates
to come into force prior to the beginning
of the next fishing year, thereby
ensuring that the rules accurately reflect
NMFS’ original intent in implementing
them.
For the same reasons, pursuant to 5
U.S.C. 553(d), the AA finds good cause
to waive the 30-day delay in effective
date for this action. However, NMFS
will delay the effectiveness of this
action for 15 days for all of the
corrections listed above except the
changes to the permit renewal date.
Good cause exists for this waiver,
because if these rules do not go into
effect prior to thirty days after being
printed in the Federal Register, then a
new permit renewal cycle will start, but
with contradictory information in the
rule texts and the rules’ preambles. This
contradiction may cause public
confusion, and will be inconsistent with
the intent of the final rules. The 15 day
delay in effective date allows NMFS to
ensure the public becomes informed
about the changes, even though NMFS
believes that the rule will not result in
any changes to fishermen’s practices.
Conversely, for the correction to the
permit renewal date, which corrects
regulations at § 660.25(b)(4)(i)(B) for LE
permits, § 660.140(d)(3)(i)(B) for QS
permits/accounts and
§ 660.140(e)(3)(i)(B) for vessel accounts,
the changes become effective
immediately. These corrections must be
effective immediately because this
correction makes current regulations
consistent with the PCGFMP and affects
an agency action for September. A delay
would be contrary to the public’s
interest because it would leave in place
rules that are inconsistent with the
intent expressed by NMFS in the
preambles of the final rules.. Therefore
pursuant to 5 U.S.C. 553(d), the AA
finds good cause to waive the 30-day
delay in effective date.
Because prior notice and opportunity
for public comment are not required for
this rule by 5 U.S.C. 553, or any other
law, the analytical requirements of the
Regulatory Flexibility Act, 5 U.S.C. 601
et seq. are inapplicable. This final rule
is not significnant under Executive
Order 12866.
List of Subjects in 50 CFR Part 660
Fisheries, Fishing, Indian fisheries.
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Dated: August 31, 2012.
Alan D. Risenhoover,
Director, Office of Sustainable Fisheries,
performing the functions and duties of the
Deputy Assistant Administrator for
Regulatory Programs, National Marine
Fisheries Service.
(B) Notification to renew limited entry
permits will be issued by SFD prior to
September 15 each year to the permit
owner’s most recent address in the SFD
record. The permit owner shall provide
SFD with notice of any address change
within 15 days of the change.
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■ 4. In § 660.71, paragraphs (b)(25) and
(c)(55) are revised to read as follows:
For reasons set out in the preamble,
50 CFR part 660 is amended by making
the following corrections:
PART 660—FISHERIES OFF WEST
COAST STATES
1. The authority citation for part 660
continues to read as follows:
2. In § 660.15, paragraph (d)(1)(v) is
revised to read as follows:
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Equipment requirements.
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(d) * * *
(1) * * *
(v) Operating system: Microsoft
Windows XP with Service Pack (SP) 2,
Windows Server 2003 with SP1, or later
operating system such as Windows
Vista or Windows 7.
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■ 3. In § 660.25, paragraph (b)(4)(i)(B) is
revised to read as follows:
§ 660.25
Permits.
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(b) * *
(4) * *
(i) * *
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Economic data
collection
(1) Limited entry
trawl catcher vessels.
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Fishery participant
(i) Baseline (2009
and 2010) economic data.
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§ 660.112
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Authority: 16 U.S.C. 1801 et seq., 16
U.S.C. 773 et seq., and 16 U.S.C. 7001 et seq.
§ 660.15
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(b) * * *
(25) 45°46.00′ N. lat., 124°00.54′ W.
long.;
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(55) 42°50.00′ N. lat., 124°37.41′ W.
long;
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■ 5. In § 660.112, paragraph (b)(1)(xiii)
is revised to read as follows:
port, if the observer makes available to
the catch monitor an observer program
form reporting the weight and number
of bocaccio, yelloweye rockfish, canary
rockfish, and cowcod that were retained
onboard the vessel during that trip and
noting any discrepancy in those species
between the vessel operator and
observer. A vessel must maintain
observer coverage while underway in
port. A vessel may deliver IFQ species/
species groups to more than one IFQ
first receiver, but must maintain
observer coverage onboard the vessel
during any transit between delivery
points. Once transfer of fish begins, all
fish aboard the vessel are counted as
part of the same landing as defined at
§ 660.11. Modifying the list of IFQ
species to which this exception applies
has been designated as a ‘‘routine
management measure’’ and may be
modified through an inseason action, as
specified at § 660.60(c)(1)(iv).
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§ 660.71 Latitude/longitude coordinates
defining the 10-fm (18-m) through 40-fm (73m) depth contours.
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Trawl fishery—prohibitions.
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(b) * * *
(1) * * *
(xiii) Retain any IFQ species/species
group onboard a vessel unless the vessel
has observer coverage during the entire
trip and observer or catch monitor
coverage while in port until all IFQ
species from the trip are offloaded. A
vessel is exempted from this
requirement while remaining docked in
Who is required to submit an EDC?
All owners, lessees, and charterers of
a catcher vessel registered to a limited entry trawl endorsed permit at
any time in 2009 or 2010.
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6. In § 660.114, paragraph (b) is
revised to read as follows:
§ 660.114 Trawl fishery—economic data
collection program.
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(b) Economic data collection program
requirements. The following fishery
participants in the limited entry
groundfish trawl fisheries are required
to comply with the following EDC
program requirements:
Consequence for failure to submit (In addition to consequences listed below, failure to submit an EDC may be
a violation of the MSA.)
(A) For permit owner, a limited entry trawl permit application (including MS/CV-endorsed limited entry trawl permit) will not be considered complete until the required
EDC for that permit owner associated with that permit is
submitted, as specified at § 660.25(b)(4)(i).
(B) For a vessel owner, participation in the groundfish
fishery (including, but not limited to, changes in vessel
registration, vessel account actions, or if own QS permit, issuance of annual QP or IBQ pounds) will not be
authorized until the required EDC for that owner for that
vessel is submitted, as specified, in part, at
§ 660.25(b)(4)(v) and § 660.140(e).
(C) For a vessel lessee or charterer, participation in the
groundfish fishery (including, but not limited to, issuance
of annual QP or IBQ pounds if own QS or IBQ) will not
be authorized, until the required EDC for their operation
of that vessel is submitted.
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All owners, lessees, and charterers of
a catcher vessel registered to a limited entry trawl endorsed permit at
any time in 2011 and beyond.
(i) Baseline (2009
and 2010) economic data.
All owners, lessees, and charterers of
a mothership vessel that received
whiting in 2009 or 2010 as recorded
in NMFS’ NORPAC database.
All owners, lessees, and charterers of
a mothership vessel registered to an
MS permit at any time in 2011 and
beyond.
(i) Baseline (2009
and 2010) economic data.
All owners, lessees, and charterers of
a catcher processor vessel that harvested whiting in 2009 or 2010 as
recorded in NMFS’ NORPAC database.
(ii) Annual/ongoing
(2011 and beyond) economic
data.
(3) Catcher processors.
Who is required to submit an EDC?
(ii) Annual/ongoing
(2011 and beyond) economic
data.
(2) Motherships .......
Economic data
collection
(ii) Annual/ongoing
(2011 and beyond) economic
data.
Fishery participant
All owners, lessees, and charterers of
a catcher processor vessel registered to a C/P-endorsed limited
entry trawl permit at any time in
2011 and beyond.
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Consequence for failure to submit (In addition to consequences listed below, failure to submit an EDC may be
a violation of the MSA.)
(A) For permit owner, a limited entry trawl permit application (including MS/CV-endorsed limited entry trawl permit) will not be considered complete until the required
EDC for that permit owner associated with that permit is
submitted, as specified at § 660.25(b)(4)(i).
(B) For a vessel owner, participation in the groundfish
fishery (including, but not limited to, changes in vessel
registration, vessel account actions, or if own QS permit, issuance of annual QP or IBQ pounds) will not be
authorized until the required EDC for that owner for that
vessel is submitted, as specified, in part, at
§ 660.25(b)(4)(v) and § 660.140(e).
(C) For a vessel lessee or charterer, participation in the
groundfish fishery (including, but not limited to, issuance
of annual QP or IBQ pounds if own QS or IBQ) will not
be authorized, until the required EDC for their operation
of that vessel is submitted.
(A) For permit owner, an MS permit application will not be
considered complete until the required EDC for that permit owner associated with that permit is submitted, as
specified at § 660.25(b)(4)(i).
(B) For a vessel owner, participation in the groundfish
fishery (including, but not limited to, changes in vessel
registration) will not be authorized until the required
EDC for that owner for that vessel is submitted, as
specified, in part, at § 660.25(b)(4)(v).
(C) For a vessel lessee or charterer, participation in the
groundfish fishery will not be authorized, until the required EDC for their operation of that vessel is submitted.
(A) For permit owner, an MS permit application will not be
considered complete until the required EDC for that permit owner associated with that permit is submitted, as
specified at § 660.25(b)(4)(i).
(B) For a vessel owner, participation in the groundfish
fishery (including, but not limited to, changes in vessel
registration) will not be authorized until the required
EDC for that owner for that vessel is submitted, as
specified, in part, at § 660.25(b)(4)(v).
(C) For a vessel lessee or charterer, participation in the
groundfish fishery will not be authorized, until the required EDC for their operation of that vessel is submitted.
(A) For permit owner, a C/P-endorsed limited entry trawl
permit application will not be considered complete until
the required EDC for that permit owner associated with
that
permit
is
submitted,
as
specified
at
§ 660.25(b)(4)(i).
(B) For a vessel owner, participation in the groundfish
fishery (including, but not limited to, changes in vessel
registration) will not be authorized until the required
EDC for that owner for that vessel is submitted, as
specified, in part, at § 660.25(b)(4)(v).
(C) For a vessel lessee or charterer, participation in the
groundfish fishery will not be authorized, until the required EDC for their operation of that vessel is submitted.
(A) For permit owner, a C/P-endorsed limited entry trawl
permit application will not be considered complete until
the required EDC for that permit owner associated with
that
permit
is
submitted,
as
specified
at
§ 660.25(b)(4)(i).
(B) For a vessel owner, participation in the groundfish
fishery (including, but not limited to, changes in vessel
registration) will not be authorized until the required
EDC for that owner for that vessel is submitted, as
specified, in part, at § 660.25(b)(4)(v).
(C) For a vessel lessee or charterer, participation in the
groundfish fishery will not be authorized, until the required EDC for their operation of that vessel is submitted.
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Fishery participant
Economic data
collection
(4) First receivers/
shorebased processors.
(i) Baseline (2009
and 2010) economic data.
(ii) Annual/ongoing
(2011 and beyond) economic
data.
Who is required to submit an EDC?
All owners and lessees of a
shorebased processor and all buyers that received groundfish or whiting harvested with a limited entry
trawl permit as listed in the PacFIN
database in 2009 or 2010.
(A) All owners of a first receiver site license in 2011 and beyond.
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Consequence for failure to submit (In addition to consequences listed below, failure to submit an EDC may be
a violation of the MSA.)
A first receiver site license application for a particular
physical location for processing and buying will not be
considered complete until the required EDC for the applying processor or buyer is submitted, as specified at
§ 660.140(f)(3).
A first receiver site license application will not be considered complete until the required EDC for that license
owner associated with that license is submitted, as
specified at § 660.140(f)(3). See paragraph (b)(4)(ii)(A)
of this table.
(B) All owners and lessees of a
shorebased processor (as defined
under ‘‘processor’’ at § 660.11, for
purposes of EDC) that received
round or headed-and-gutted IFQ
species groundfish or whiting from a
first receiver in 2011 and beyond.
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7. In § 660.140, paragraphs (d)(3)(i)(B),
(e)(3)(i)(B), and (h)(1)(i) are revised to
read as follows:
■
§ 660.140
Shorebased IFQ Program.
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(d) * * *
(3) * * *
(i) * * *
(B) Notification to renew QS permits
will be sent by SFD by September 15
each year to the QS permit owner’s most
recent address in the SFD record. The
QS permit owner shall provide SFD
with notice of any address change
within 15 days of the change.
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(e) * * *
(3) * * *
(i) * * *
(B) Notification to renew vessel
accounts will be issued by SFD by
September 15 each year to the vessel
account owner’s most recent address in
the SFD record. The vessel account
owner shall provide SFD with notice of
any address change within 15 days of
the change.
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(h) * * *
(1) * * *
(i) Coverage.
(A) Any vessel participating in the
Shorebased IFQ Program must carry a
NMFS-certified observer during any trip
and must maintain observer or catch
monitor coverage while in port until all
fish from that trip have been offloaded.
A vessel is exempted from this
requirement while remaining docked in
port, if the observer makes available to
the catch monitor an observer program
form reporting the weight and number
of those overfished species identified in
§ 660.112(b)(1)(xiii) that were retained
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onboard the vessel during that trip and
noting any discrepancy in those species
between the vessel operator and
observer. If a vessel gets underway in
port or delivers fish from an IFQ trip to
more than one IFQ first receiver, an
observer must remain onboard the
vessel while the vessel is underway and
during any transit between delivery
points.
(B) Any vessel 125 ft (38.1 m) LOA or
longer that is engaged in at-sea
processing must carry two NMFScertified observers, and any vessel
shorter than 125 ft (38.1 m) LOA that is
engaged in at-sea processing must carry
one NMFS-certified observer, each day
that the vessel is used to take, retain,
receive, land, process, or transport
groundfish.
*
*
*
*
*
■ 8. In § 660.150, paragraphs (d)(2),
(g)(2)(i) introductory text and
(g)(2)(iv)(B) are revised to read as
follows:
§ 660.150
Mothership (MS) Coop Program.
*
*
*
*
*
(d) * * *
(2) Initial administrative
determination. For all complete
applications, NMFS will issue an IAD
that either approves or disapproves the
application. If approved, the IAD will
include a MS coop permit. If
disapproved, the IAD will provide the
reasons for this determination. The IAD
for a MS coop permit follows the same
requirement as specified for limited
entry permits at § 660.25(g)(4)(ii); if the
applicant does not appeal the IAD
within the 30 calendar days, the IAD
becomes the final decision of the
Regional Administrator acting on behalf
of the Secretary of Commerce.
*
*
*
*
*
PO 00000
Frm 00053
Fmt 4700
Sfmt 4700
(g) * * *
(2) * * *
(i) Renewal. An MS/CV-endorsed
permit must be renewed annually
consistent with the limited entry permit
regulations given at § 660.25(b)(4).
During renewal, all MS/CV-endorsed
limited entry permit owners must make
a preliminary declaration regarding
their intent to participate in the coop or
non-coop portion of the MS Coop
Program for the following year. If the
owner of a MS/CV-endorsed permit
intends to participate in the coop
portion of the MS Coop Program, they
must also declare to which MS permit
they intend to obligate the permit’s
catch history assignment. MS/CVendorsed permits not obligated to a
permitted MS coop by March 31 of the
fishing year will be assigned to the noncoop fishery. For an MS/CV-endorsed
permit that is not renewed, the
following occurs:
*
*
*
*
*
(iv) * * *
(B) Application. A request for a
change in MS/CV endorsement
registration must be made between
September 1 and December 31 of each
year. Any transfer of MS/CV
endorsement and its associated CHA to
another limited entry trawl permit must
be requested using the appropriate form
from the Fisheries Permits Office and
the permit owner or an authorized
representative of the permit owner must
certify that the application is true and
correct by signing and dating the form.
In addition, the form must be notarized,
and the permit owner selling the MS/CV
endorsement and CHA must provide to
NFMS the sale price of the MS/CV
endorsement and its associated CHA. If
any assets in addition to the MS/CV
endorsement and its associated CHA are
E:\FR\FM\07SER1.SGM
07SER1
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Federal Register / Vol. 77, No. 174 / Friday, September 7, 2012 / Rules and Regulations
included in the sale price, those assets
must be itemized and described.
*
*
*
*
*
■ 9. In § 660.160, paragraph (d)(2) is
revised to read as follows:
§ 660.160 Catcher/processor (C/P) Coop
Program.
*
*
*
*
*
(d) * * *
(2) Initial administrative
determination. For all complete
applications, NMFS will issue an IAD
that either approves or disapproves the
application. If approved, the IAD will
include a C/P coop permit. If
disapproved, the IAD will provide the
reasons for this determination. The IAD
for a C/P coop permit follows the same
requirement as specified for limited
entry permits at § 660.25(g)(4)(ii), if the
applicant does not appeal the IAD
within the 30 calendar days, the IAD
becomes the final decision of the
Regional Administrator acting on behalf
of the Secretary of Commerce.
*
*
*
*
*
■ 10. In § 660.216, paragraph (a) is
revised to read as follows:
§ 660.216 Fixed gear fishery—observer
requirements.
srobinson on DSK4SPTVN1PROD with RULES
(a) Observer coverage requirements.
(1) When NMFS notifies the owner,
operator, permit holder, or the manager
of a catcher vessel, specified at
§ 660.16(c), of any requirement to carry
an observer, the catcher vessel may not
be used to fish for groundfish without
carrying an observer.
(2) Any vessel 125 ft (38.1 m) LOA or
longer that is engaged in at-sea
processing must carry two NMFS-
VerDate Mar<15>2010
15:56 Sep 06, 2012
Jkt 226001
certified observers, and any vessel
shorter than 125 ft (38.1 m) LOA that is
engaged in at-sea processing must carry
one NMFS-certified observer, each day
that the vessel is used to take, retain,
receive, land, process, or transport
groundfish.
*
*
*
*
*
■ 11. In § 660.316, paragraph (a) is
revised to read as follows:
§ 660.316 Open access fishery—observer
requirements.
(a) Observer coverage requirements.
(1) When NMFS notifies the owner,
operator, permit holder, or the manager
of a catcher vessel, specified at
§ 660.16(c), of any requirement to carry
an observer, the catcher vessel may not
be used to fish for groundfish without
carrying an observer.
(2) Any vessel 125 ft (38.1 m) LOA or
longer that is engaged in at-sea
processing must carry two NMFScertified observers, and any vessel
shorter than 125 ft (38.1 m) LOA that is
engaged in at-sea processing must carry
one NMFS-certified observer, each day
that the vessel is used to take, retain,
receive, land, process, or transport
groundfish.
*
*
*
*
*
■ 12. In § 660.360, paragraph (c)(3)
introductory text is revised to read as
follows:
§ 660.360 Recreational fisherymanagement measures.
*
*
*
*
*
(c) * * *
(3) California. Seaward of California,
California law provides that, in times
and areas when the recreational fishery
PO 00000
Frm 00054
Fmt 4700
Sfmt 9990
is open, there is a 20-fish bag limit for
all species of finfish, within which no
more than 10 fish of any one species
may be taken or possessed by any one
person. [Note: There are some
exceptions to this rule. The following
groundfish species are not subject to a
bag limit: Petrale sole, Pacific sanddab
and starry flounder.] For groundfish
species not specifically mentioned in
this paragraph, fishers are subject to the
overall 20-fish bag limit for all species
of finfish and the depth restrictions at
paragraph (c)(3)(i) of this section.
Recreational spearfishing for all
federally-managed groundfish is exempt
from closed areas and seasons,
consistent with Title 14 of the California
Code of Regulations. This exemption
applies only to recreational vessels and
divers provided no other fishing gear,
except spearfishing gear, is on board the
vessel. California state law may provide
regulations similar to Federal
regulations for the following statemanaged species: Ocean whitefish,
California sheephead, and all greenlings
of the genus Hexagrammos. Kelp
greenling is the only federally-managed
greenling. Retention of cowcod,
yelloweye rockfish, and canary rockfish
is prohibited in the recreational fishery
seaward of California all year in all
areas. For each person engaged in
recreational fishing in the EEZ seaward
of California, the following closed areas,
seasons, bag limits, and size limits
apply:
*
*
*
*
*
[FR Doc. 2012–21990 Filed 9–6–12; 8:45 am]
BILLING CODE 3510–22–P
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]]>Agencies
[Federal Register Volume 77, Number 174 (Friday, September 7, 2012)]
[Rules and Regulations]
[Pages 55153-55158]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-21990]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 660
[Doc. No 120403252-2392-01]
RIN 0648-BC06
Magnuson-Stevens Act Provisions; Fisheries Off West Coast States;
Pacific Coast Groundfish Fishery; Correction
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Final rule; correcting amendment.
-----------------------------------------------------------------------
SUMMARY: This action corrects groundfish regulations that were
published in three final rules. The first was published on December 15,
2010, and established various provisions of the trawl rationalization
program; the second published on May 11, 2011, and established the
2011-2012 harvest specifications and management measures for
groundfish; the third published in December 1, 2011, and made revisions
to the trawl program. This rules corrects inadvertent errors that,
although they will not modify current fishing practices need to be
corrected so that the rule text comports with the intent as expressed
in the rules' preambles. This rule includes but is not limited to
corrections to coordinates defining depth countours that apply to all
fisheries, permit renewal dates, observer requirements, recreational
regulations, processor obligations in the MS sector, the forms used to
transfer an MS/CV endorsement, and others. Each correction is explained
below.
DATES: Corrections to regulations at Sec. 660.25(b)(4)(i)(B),
660.140(d)(3)(i)(B) and (e)(3)(i)(B) are effective September 7, 2012.
The remaining corrections are effective on September 24, 2012.
FOR FURTHER INFORMATION CONTACT: Sarah Williams (Northwest Region,
NMFS), phone: 206-526-4646; fax: 206-526-6736 and email:
sarah.williams@noaa.gov.
SUPPLEMENTARY INFORMATION:
Background
This action corrects regulations that were published in three
separate final rules for the Pacific Coast groundfish fisheries managed
under 50 CFR 660 subparts C through F in order to correctly reflect
Council intent. The final rules that are the subject of this correction
are as follows: (1) Trawl Rationalization Program Components final rule
(program components rule) published on December 15, 2010, (75 FR
78344); (2) 2011-2012 Biennial Harvest Specifications and Management
Measures final rule (2011-2012 specifications rule) published on May
11, 2011, (76 FR 28897); and (3) Trawl Program Improvement and
Enhancement final rule (PIE rule) published on December 1, 2011, (76 FR
74725). As published, the three final rules contain inadvertent errors
that, although they will not modify current fishing practices need to
be corrected so that the rule text comports with the intent as
expressed in the rules' preambles. Each correction is explained below
grouped together by the final rule that originally published the
regulations.
None of these changes will result in any vessel or vessel owner
having to modify its behavior in order to comply with the rules. In
fact, the fishery already complies with the rules as they were intended
to be written. Accordingly, these corrections are just that; they make
changes necessary to have the rule text reflect both NMFS' original
intent--as expressed in the preambles to the rules--as well as to
current fishery practice.
Corrections to Regulations Implemented as Part of the Program
Components Rule
There are four corrections to the Program Components final rule, as
follows:
(1) Correct regulations to specify that all commercial vessels
processing groundfish at sea carry an observer. During implementation
of Amendment 20 to the Pacific Coast Groundfish Fishery Management Plan
(PCGFMP), which restructured the entire groundfish regulations, this
existing provision, which required observers on all commercial vessel
processing at-sea, was inadvertently changed from applying to all
commercial fisheries to only applying to the at-sea whiting fisheries.
Nonetheless, all commercial fisheries continued to use observers on
board. To bring the rules in line with the original intent, this action
modifies the observer requirement language to include all vessels that
process groundfish at sea. The affected fisheries are as follows:
Shorebased IFQ Program (Sec. 660.140(h)(1)(i)), the limited entry
fixed gear fishery (Sec. 660.216(a)), and the open access fishery
(Sec. 660.316(a)). See 68 FR 53334 (September 10, 2003) for more
history on this requirement.
(2) Correct regulations at Sec. 660.150(g)(2)(i)--the Mothership
(MS) program--to clarify that processor obligations are to an MS permit
and not to the MS vessel. This change is necessary to make the MS
regulations consistent with the processor obligation in the MS Coop
Program, as defined under ``processor obligation'' at Sec. 660.111 and
specified at Sec. 660.150(c)(7)(i).
(3) Correct language at Sec. 660.114(b), in the third column of
the table, which specifies who is required to submit an Economic Data
Collection (EDC) form. This change makes the third column of the table
consistent with Sec. 660.113(d)(1), and the table now requires owners,
lessees, and charterers of a vessel registered to a C/P endorsed
limited entry trawl permit to submit an EDC. Vessels subject to this
rule, as revised, are already providing the EDCs; this clarification
merely corrects the language of the table to make it more clear who
needs to submit the EDCs.
(4) Correct language at Sec. Sec. 660.150(d)(2) and 660.160(d)(2)
to specify that if an applicant does not appeal an initial
administrative decision (IAD) in the trawl rationalization program
within 30 calendar days, that the decision in the IAD becomes the final
decision. This correction will make this provision consistent with the
limited entry permit regulations at Sec. 660.25(g)(4)(ii) for IADs.
Correction to Regulations Implemented as Part of the PIE Rule
There are four corrections to the PIE rule, as follows:
(1 and 2) Correct language at Sec. Sec. 660.112 and 660.140 to
specify that an observer must be on the vessel while in port unless the
observer provides a form to the catch monitor documenting the weight
and number of select overfished species (bocaccio, canary rockfish,
cowcod, and yelloweye rockfish) retained on board by the vessel during
that IFQ trip. The current regulations at Sec. 660.112 and management
measures at Sec. 660.140 are unclear on the requirements for
[[Page 55154]]
documenting IFQ species (all IFQ species versus the specified
overfished species). Additionally corrections clarify that a vessel
must carry an observer in port any time the vessel is underway in port,
not just between delivery points.
(3) Correct Sec. 660.150(g)(2)(iv)(B) to specify the proper form
used to transfer an MS/CV endorsement. A request to change an MS/CV
endorsement requires use of a unique form from the Fisheries Permit
Office and may not be requested using the change in vessel registration
and permit ownership form as currently stated in regulations.
(4) Correct regulations at Sec. 660.150(d)(1)(v) regarding
software requirements for electronic fish tickets. Current regulations
erroneously state that an operating system such as ``Windows 2007'' may
be used; there is no such operating system so this system is removed.
Corrections to Regulations Implemented as Part of the 2011-2012
Specifications Rule
There are two corrections to the 2011-2012 specifications rule, as
follows:
(1) Correct coordinates at Sec. 660.71(b)(25) and (c)(55), which
define the 10-fm (18-m) through 40-fm (73-m) depth contour. The
coordinates are expressed in degrees latitude and longitude, and define
large-scale boundaries utilized in managing the groundfish fishery.
These corrections change incorrect and transposed coordinate numbers
listed in the final rule; and better defines the intended boundary
lines. These corrections do not change the intent or application of the
geographic area described in the proposed and final rules that
implemented the 2011-2012 harvest specifications and management
measures.
(2) Correct language at Sec. 660.360(c)(3) to allow spearfishing
for lingcod during the same seasons as all of the other modes of the
California recreational fishery, consistent with the Council motion.
The 2011-2012 specifications final rule revised all recreational
fishing modes to match the season restrictions for the rockfish,
cabezon, greenling (RCG) complex in all of the California recreational
fishery management areas. However, the change to lingcod seasons for
spearfishing, one mode of the California recreational fishery, was
mistakenly not revised and was therefore inconsistent with the
Council's recommendation and with spearfishing regulations implemented
by the California Department of Fish and Game. This correction extends
the lingcod season for spearfishers by exempting anglers using only
spearfishing gear from lingcod season restrictions. The effects of the
change to lingcod seasons and mortality of other Groundfish species,
for all California recreational fishery modes including spearfishing,
was analyzed in the Final Environmental Impact Statement on the 2011-
2012 harvest specifications and management measures.
Correction to Permit Renewal Date
To be consistent with the FMP provisions for limited entry permit
renewal, this correction revises the date by which NMFS will mail
permit renewal notices from September 1st to requiring mailing by
September 15th each year, and makes corresponding changes to the
renewal process for Quota Share (QS) permits/accounts and vessel
accounts. This change will allow NMFS' Permits Office to complete any
pending transfers (changes in vessel registration or permit ownership)
for the start of the September 1 cumulative limit period before sending
out permit renewal notices in addition to other benefits discussed
below. The following sections are revised:
(1) Sec. 660.25(b)(4)(i)(B) for LE permits.
(2) Sec. 660.140(d)(3)(i)(B) for QS permits/accounts.
(3) Sec. 660.140(e)(3)(i)(B) for vessel accounts.
NMFS notes that this change still gives the affected public
adequate time to renew their permits because it still allows 2 weeks
advance notice of the October 1-November 30 permit renewal period.
Classification
The Assistant Administrator for Fisheries, NOAA (AA) finds good
cause under 5 U.S.C. 553(b)(B), to waive the requirement for prior
notice and opportunity for additional public comment for this action
because notice and comment are unnecessary and contrary to the public
interest. This action simply makes corrections to accurately reflect
the intent of the rules as expressed in the preamble of the final
rules. In the text of those rules, however, NMFS inadvertently omitted
various clauses or phrases that the preambles suggested would be
included in the text. This action merely codifies NMFS' original intent
for these rules. Moreover, because the parties subject to these rules
already comply with the provisions as if these changes had already been
made, and because the public had prior notice and opportunity to
comment on the original rules--including the preambles--when they were
issued, NMFS believes that allowing a second round of notice and
comment on these rules may only further confuse the mistakes this rule
would clarify. Moreover, these corrections are not substantive, because
the regulated community has been acting in a manner consistent with the
intent of the rules as expressed in their respective preambles.
Implementing this rule immediately will allow the updates to come into
force prior to the beginning of the next fishing year, thereby ensuring
that the rules accurately reflect NMFS' original intent in implementing
them.
For the same reasons, pursuant to 5 U.S.C. 553(d), the AA finds
good cause to waive the 30-day delay in effective date for this action.
However, NMFS will delay the effectiveness of this action for 15 days
for all of the corrections listed above except the changes to the
permit renewal date. Good cause exists for this waiver, because if
these rules do not go into effect prior to thirty days after being
printed in the Federal Register, then a new permit renewal cycle will
start, but with contradictory information in the rule texts and the
rules' preambles. This contradiction may cause public confusion, and
will be inconsistent with the intent of the final rules. The 15 day
delay in effective date allows NMFS to ensure the public becomes
informed about the changes, even though NMFS believes that the rule
will not result in any changes to fishermen's practices. Conversely,
for the correction to the permit renewal date, which corrects
regulations at Sec. 660.25(b)(4)(i)(B) for LE permits, Sec.
660.140(d)(3)(i)(B) for QS permits/accounts and Sec.
660.140(e)(3)(i)(B) for vessel accounts, the changes become effective
immediately. These corrections must be effective immediately because
this correction makes current regulations consistent with the PCGFMP
and affects an agency action for September. A delay would be contrary
to the public's interest because it would leave in place rules that are
inconsistent with the intent expressed by NMFS in the preambles of the
final rules.. Therefore pursuant to 5 U.S.C. 553(d), the AA finds good
cause to waive the 30-day delay in effective date.
Because prior notice and opportunity for public comment are not
required for this rule by 5 U.S.C. 553, or any other law, the
analytical requirements of the Regulatory Flexibility Act, 5 U.S.C. 601
et seq. are inapplicable. This final rule is not significnant under
Executive Order 12866.
List of Subjects in 50 CFR Part 660
Fisheries, Fishing, Indian fisheries.
[[Page 55155]]
Dated: August 31, 2012.
Alan D. Risenhoover,
Director, Office of Sustainable Fisheries, performing the functions and
duties of the Deputy Assistant Administrator for Regulatory Programs,
National Marine Fisheries Service.
For reasons set out in the preamble, 50 CFR part 660 is amended by
making the following corrections:
PART 660--FISHERIES OFF WEST COAST STATES
0
1. The authority citation for part 660 continues to read as follows:
Authority: 16 U.S.C. 1801 et seq., 16 U.S.C. 773 et seq., and
16 U.S.C. 7001 et seq.
0
2. In Sec. 660.15, paragraph (d)(1)(v) is revised to read as follows:
Sec. 660.15 Equipment requirements.
* * * * *
(d) * * *
(1) * * *
(v) Operating system: Microsoft Windows XP with Service Pack (SP)
2, Windows Server 2003 with SP1, or later operating system such as
Windows Vista or Windows 7.
* * * * *
0
3. In Sec. 660.25, paragraph (b)(4)(i)(B) is revised to read as
follows:
Sec. 660.25 Permits.
* * * * *
(b) * * *
(4) * * *
(i) * * *
(B) Notification to renew limited entry permits will be issued by
SFD prior to September 15 each year to the permit owner's most recent
address in the SFD record. The permit owner shall provide SFD with
notice of any address change within 15 days of the change.
* * * * *
0
4. In Sec. 660.71, paragraphs (b)(25) and (c)(55) are revised to read
as follows:
Sec. 660.71 Latitude/longitude coordinates defining the 10-fm (18-m)
through 40-fm (73-m) depth contours.
* * * * *
(b) * * *
(25) 45[deg]46.00' N. lat., 124[deg]00.54' W. long.;
* * * * *
(c) * * *
(55) 42[deg]50.00' N. lat., 124[deg]37.41' W. long;
* * * * *
0
5. In Sec. 660.112, paragraph (b)(1)(xiii) is revised to read as
follows:
Sec. 660.112 Trawl fishery--prohibitions.
* * * * *
(b) * * *
(1) * * *
(xiii) Retain any IFQ species/species group onboard a vessel unless
the vessel has observer coverage during the entire trip and observer or
catch monitor coverage while in port until all IFQ species from the
trip are offloaded. A vessel is exempted from this requirement while
remaining docked in port, if the observer makes available to the catch
monitor an observer program form reporting the weight and number of
bocaccio, yelloweye rockfish, canary rockfish, and cowcod that were
retained onboard the vessel during that trip and noting any discrepancy
in those species between the vessel operator and observer. A vessel
must maintain observer coverage while underway in port. A vessel may
deliver IFQ species/species groups to more than one IFQ first receiver,
but must maintain observer coverage onboard the vessel during any
transit between delivery points. Once transfer of fish begins, all fish
aboard the vessel are counted as part of the same landing as defined at
Sec. 660.11. Modifying the list of IFQ species to which this exception
applies has been designated as a ``routine management measure'' and may
be modified through an inseason action, as specified at Sec.
660.60(c)(1)(iv).
* * * * *
0
6. In Sec. 660.114, paragraph (b) is revised to read as follows:
Sec. 660.114 Trawl fishery--economic data collection program.
* * * * *
(b) Economic data collection program requirements. The following
fishery participants in the limited entry groundfish trawl fisheries
are required to comply with the following EDC program requirements:
----------------------------------------------------------------------------------------------------------------
Consequence for failure to submit
(In addition to consequences
Fishery participant Economic data Who is required to listed below, failure to submit
collection submit an EDC? an EDC may be a violation of the
MSA.)
----------------------------------------------------------------------------------------------------------------
(1) Limited entry trawl catcher (i) Baseline (2009 All owners, lessees, (A) For permit owner, a limited
vessels. and 2010) and charterers of a entry trawl permit application
economic data. catcher vessel (including MS/CV-endorsed
registered to a limited entry trawl permit) will
limited entry trawl not be considered complete until
endorsed permit at any the required EDC for that permit
time in 2009 or 2010. owner associated with that
permit is submitted, as
specified at Sec.
660.25(b)(4)(i).
(B) For a vessel owner,
participation in the groundfish
fishery (including, but not
limited to, changes in vessel
registration, vessel account
actions, or if own QS permit,
issuance of annual QP or IBQ
pounds) will not be authorized
until the required EDC for that
owner for that vessel is
submitted, as specified, in
part, at Sec. 660.25(b)(4)(v)
and Sec. 660.140(e).
(C) For a vessel lessee or
charterer, participation in the
groundfish fishery (including,
but not limited to, issuance of
annual QP or IBQ pounds if own
QS or IBQ) will not be
authorized, until the required
EDC for their operation of that
vessel is submitted.
[[Page 55156]]
(ii) Annual/ All owners, lessees, (A) For permit owner, a limited
ongoing (2011 and and charterers of a entry trawl permit application
beyond) economic catcher vessel (including MS/CV-endorsed
data. registered to a limited entry trawl permit) will
limited entry trawl not be considered complete until
endorsed permit at any the required EDC for that permit
time in 2011 and owner associated with that
beyond. permit is submitted, as
specified at Sec.
660.25(b)(4)(i).
(B) For a vessel owner,
participation in the groundfish
fishery (including, but not
limited to, changes in vessel
registration, vessel account
actions, or if own QS permit,
issuance of annual QP or IBQ
pounds) will not be authorized
until the required EDC for that
owner for that vessel is
submitted, as specified, in
part, at Sec. 660.25(b)(4)(v)
and Sec. 660.140(e).
(C) For a vessel lessee or
charterer, participation in the
groundfish fishery (including,
but not limited to, issuance of
annual QP or IBQ pounds if own
QS or IBQ) will not be
authorized, until the required
EDC for their operation of that
vessel is submitted.
(2) Motherships................. (i) Baseline (2009 All owners, lessees, (A) For permit owner, an MS
and 2010) and charterers of a permit application will not be
economic data. mothership vessel that considered complete until the
received whiting in required EDC for that permit
2009 or 2010 as owner associated with that
recorded in NMFS' permit is submitted, as
NORPAC database. specified at Sec.
660.25(b)(4)(i).
(B) For a vessel owner,
participation in the groundfish
fishery (including, but not
limited to, changes in vessel
registration) will not be
authorized until the required
EDC for that owner for that
vessel is submitted, as
specified, in part, at Sec.
660.25(b)(4)(v).
(C) For a vessel lessee or
charterer, participation in the
groundfish fishery will not be
authorized, until the required
EDC for their operation of that
vessel is submitted.
(ii) Annual/ All owners, lessees, (A) For permit owner, an MS
ongoing (2011 and and charterers of a permit application will not be
beyond) economic mothership vessel considered complete until the
data. registered to an MS required EDC for that permit
permit at any time in owner associated with that
2011 and beyond. permit is submitted, as
specified at Sec.
660.25(b)(4)(i).
(B) For a vessel owner,
participation in the groundfish
fishery (including, but not
limited to, changes in vessel
registration) will not be
authorized until the required
EDC for that owner for that
vessel is submitted, as
specified, in part, at Sec.
660.25(b)(4)(v).
(C) For a vessel lessee or
charterer, participation in the
groundfish fishery will not be
authorized, until the required
EDC for their operation of that
vessel is submitted.
(3) Catcher processors.......... (i) Baseline (2009 All owners, lessees, (A) For permit owner, a C/P-
and 2010) and charterers of a endorsed limited entry trawl
economic data. catcher processor permit application will not be
vessel that harvested considered complete until the
whiting in 2009 or required EDC for that permit
2010 as recorded in owner associated with that
NMFS' NORPAC database. permit is submitted, as
specified at Sec.
660.25(b)(4)(i).
(B) For a vessel owner,
participation in the groundfish
fishery (including, but not
limited to, changes in vessel
registration) will not be
authorized until the required
EDC for that owner for that
vessel is submitted, as
specified, in part, at Sec.
660.25(b)(4)(v).
(C) For a vessel lessee or
charterer, participation in the
groundfish fishery will not be
authorized, until the required
EDC for their operation of that
vessel is submitted.
(ii) Annual/ All owners, lessees, (A) For permit owner, a C/P-
ongoing (2011 and and charterers of a endorsed limited entry trawl
beyond) economic catcher processor permit application will not be
data. vessel registered to a considered complete until the
C/P-endorsed limited required EDC for that permit
entry trawl permit at owner associated with that
any time in 2011 and permit is submitted, as
beyond. specified at Sec.
660.25(b)(4)(i).
(B) For a vessel owner,
participation in the groundfish
fishery (including, but not
limited to, changes in vessel
registration) will not be
authorized until the required
EDC for that owner for that
vessel is submitted, as
specified, in part, at Sec.
660.25(b)(4)(v).
(C) For a vessel lessee or
charterer, participation in the
groundfish fishery will not be
authorized, until the required
EDC for their operation of that
vessel is submitted.
[[Page 55157]]
(4) First receivers/shorebased (i) Baseline (2009 All owners and lessees A first receiver site license
processors. and 2010) of a shorebased application for a particular
economic data. processor and all physical location for processing
buyers that received and buying will not be
groundfish or whiting considered complete until the
harvested with a required EDC for the applying
limited entry trawl processor or buyer is submitted,
permit as listed in as specified at Sec.
the PacFIN database in 660.140(f)(3).
2009 or 2010.
(ii) Annual/ (A) All owners of a A first receiver site license
ongoing (2011 and first receiver site application will not be
beyond) economic license in 2011 and considered complete until the
data. beyond. required EDC for that license
owner associated with that
license is submitted, as
specified at Sec.
660.140(f)(3). See paragraph
(b)(4)(ii)(A) of this table.
(B) All owners and .................................
lessees of a
shorebased processor
(as defined under
``processor'' at Sec.
660.11, for purposes
of EDC) that received
round or headed-and-
gutted IFQ species
groundfish or whiting
from a first receiver
in 2011 and beyond.
----------------------------------------------------------------------------------------------------------------
* * * * *
0
7. In Sec. 660.140, paragraphs (d)(3)(i)(B), (e)(3)(i)(B), and
(h)(1)(i) are revised to read as follows:
Sec. 660.140 Shorebased IFQ Program.
* * * * *
(d) * * *
(3) * * *
(i) * * *
(B) Notification to renew QS permits will be sent by SFD by
September 15 each year to the QS permit owner's most recent address in
the SFD record. The QS permit owner shall provide SFD with notice of
any address change within 15 days of the change.
* * * * *
(e) * * *
(3) * * *
(i) * * *
(B) Notification to renew vessel accounts will be issued by SFD by
September 15 each year to the vessel account owner's most recent
address in the SFD record. The vessel account owner shall provide SFD
with notice of any address change within 15 days of the change.
* * * * *
(h) * * *
(1) * * *
(i) Coverage.
(A) Any vessel participating in the Shorebased IFQ Program must
carry a NMFS-certified observer during any trip and must maintain
observer or catch monitor coverage while in port until all fish from
that trip have been offloaded. A vessel is exempted from this
requirement while remaining docked in port, if the observer makes
available to the catch monitor an observer program form reporting the
weight and number of those overfished species identified in Sec.
660.112(b)(1)(xiii) that were retained onboard the vessel during that
trip and noting any discrepancy in those species between the vessel
operator and observer. If a vessel gets underway in port or delivers
fish from an IFQ trip to more than one IFQ first receiver, an observer
must remain onboard the vessel while the vessel is underway and during
any transit between delivery points.
(B) Any vessel 125 ft (38.1 m) LOA or longer that is engaged in at-
sea processing must carry two NMFS-certified observers, and any vessel
shorter than 125 ft (38.1 m) LOA that is engaged in at-sea processing
must carry one NMFS-certified observer, each day that the vessel is
used to take, retain, receive, land, process, or transport groundfish.
* * * * *
0
8. In Sec. 660.150, paragraphs (d)(2), (g)(2)(i) introductory text and
(g)(2)(iv)(B) are revised to read as follows:
Sec. 660.150 Mothership (MS) Coop Program.
* * * * *
(d) * * *
(2) Initial administrative determination. For all complete
applications, NMFS will issue an IAD that either approves or
disapproves the application. If approved, the IAD will include a MS
coop permit. If disapproved, the IAD will provide the reasons for this
determination. The IAD for a MS coop permit follows the same
requirement as specified for limited entry permits at Sec.
660.25(g)(4)(ii); if the applicant does not appeal the IAD within the
30 calendar days, the IAD becomes the final decision of the Regional
Administrator acting on behalf of the Secretary of Commerce.
* * * * *
(g) * * *
(2) * * *
(i) Renewal. An MS/CV-endorsed permit must be renewed annually
consistent with the limited entry permit regulations given at Sec.
660.25(b)(4). During renewal, all MS/CV-endorsed limited entry permit
owners must make a preliminary declaration regarding their intent to
participate in the coop or non-coop portion of the MS Coop Program for
the following year. If the owner of a MS/CV-endorsed permit intends to
participate in the coop portion of the MS Coop Program, they must also
declare to which MS permit they intend to obligate the permit's catch
history assignment. MS/CV-endorsed permits not obligated to a permitted
MS coop by March 31 of the fishing year will be assigned to the non-
coop fishery. For an MS/CV-endorsed permit that is not renewed, the
following occurs:
* * * * *
(iv) * * *
(B) Application. A request for a change in MS/CV endorsement
registration must be made between September 1 and December 31 of each
year. Any transfer of MS/CV endorsement and its associated CHA to
another limited entry trawl permit must be requested using the
appropriate form from the Fisheries Permits Office and the permit owner
or an authorized representative of the permit owner must certify that
the application is true and correct by signing and dating the form. In
addition, the form must be notarized, and the permit owner selling the
MS/CV endorsement and CHA must provide to NFMS the sale price of the
MS/CV endorsement and its associated CHA. If any assets in addition to
the MS/CV endorsement and its associated CHA are
[[Page 55158]]
included in the sale price, those assets must be itemized and
described.
* * * * *
0
9. In Sec. 660.160, paragraph (d)(2) is revised to read as follows:
Sec. 660.160 Catcher/processor (C/P) Coop Program.
* * * * *
(d) * * *
(2) Initial administrative determination. For all complete
applications, NMFS will issue an IAD that either approves or
disapproves the application. If approved, the IAD will include a C/P
coop permit. If disapproved, the IAD will provide the reasons for this
determination. The IAD for a C/P coop permit follows the same
requirement as specified for limited entry permits at Sec.
660.25(g)(4)(ii), if the applicant does not appeal the IAD within the
30 calendar days, the IAD becomes the final decision of the Regional
Administrator acting on behalf of the Secretary of Commerce.
* * * * *
0
10. In Sec. 660.216, paragraph (a) is revised to read as follows:
Sec. 660.216 Fixed gear fishery--observer requirements.
(a) Observer coverage requirements. (1) When NMFS notifies the
owner, operator, permit holder, or the manager of a catcher vessel,
specified at Sec. 660.16(c), of any requirement to carry an observer,
the catcher vessel may not be used to fish for groundfish without
carrying an observer.
(2) Any vessel 125 ft (38.1 m) LOA or longer that is engaged in at-
sea processing must carry two NMFS-certified observers, and any vessel
shorter than 125 ft (38.1 m) LOA that is engaged in at-sea processing
must carry one NMFS-certified observer, each day that the vessel is
used to take, retain, receive, land, process, or transport groundfish.
* * * * *
0
11. In Sec. 660.316, paragraph (a) is revised to read as follows:
Sec. 660.316 Open access fishery--observer requirements.
(a) Observer coverage requirements. (1) When NMFS notifies the
owner, operator, permit holder, or the manager of a catcher vessel,
specified at Sec. 660.16(c), of any requirement to carry an observer,
the catcher vessel may not be used to fish for groundfish without
carrying an observer.
(2) Any vessel 125 ft (38.1 m) LOA or longer that is engaged in at-
sea processing must carry two NMFS-certified observers, and any vessel
shorter than 125 ft (38.1 m) LOA that is engaged in at-sea processing
must carry one NMFS-certified observer, each day that the vessel is
used to take, retain, receive, land, process, or transport groundfish.
* * * * *
0
12. In Sec. 660.360, paragraph (c)(3) introductory text is revised to
read as follows:
Sec. 660.360 Recreational fishery-management measures.
* * * * *
(c) * * *
(3) California. Seaward of California, California law provides
that, in times and areas when the recreational fishery is open, there
is a 20-fish bag limit for all species of finfish, within which no more
than 10 fish of any one species may be taken or possessed by any one
person. [Note: There are some exceptions to this rule. The following
groundfish species are not subject to a bag limit: Petrale sole,
Pacific sanddab and starry flounder.] For groundfish species not
specifically mentioned in this paragraph, fishers are subject to the
overall 20-fish bag limit for all species of finfish and the depth
restrictions at paragraph (c)(3)(i) of this section. Recreational
spearfishing for all federally-managed groundfish is exempt from closed
areas and seasons, consistent with Title 14 of the California Code of
Regulations. This exemption applies only to recreational vessels and
divers provided no other fishing gear, except spearfishing gear, is on
board the vessel. California state law may provide regulations similar
to Federal regulations for the following state-managed species: Ocean
whitefish, California sheephead, and all greenlings of the genus
Hexagrammos. Kelp greenling is the only federally-managed greenling.
Retention of cowcod, yelloweye rockfish, and canary rockfish is
prohibited in the recreational fishery seaward of California all year
in all areas. For each person engaged in recreational fishing in the
EEZ seaward of California, the following closed areas, seasons, bag
limits, and size limits apply:
* * * * *
[FR Doc. 2012-21990 Filed 9-6-12; 8:45 am]
BILLING CODE 3510-22-P
