Magnuson-Stevens Act Provisions; Fisheries Off West Coast States; Pacific Coast Groundfish Fishery; Correction, 55153-55158 [2012-21990]

Download as PDF 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. * * * * * [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. srobinson on DSK4SPTVN1PROD with RULES SUMMARY: VerDate Mar<15>2010 15:56 Sep 06, 2012 Jkt 226001 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 PO 00000 Frm 00049 Fmt 4700 Sfmt 4700 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 E:\FR\FM\07SER1.SGM 07SER1 55154 Federal Register / Vol. 77, No. 174 / Friday, September 7, 2012 / Rules and Regulations srobinson on DSK4SPTVN1PROD with RULES 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 VerDate Mar<15>2010 15:56 Sep 06, 2012 Jkt 226001 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 PO 00000 Frm 00050 Fmt 4700 Sfmt 4700 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. E:\FR\FM\07SER1.SGM 07SER1 Federal Register / Vol. 77, No. 174 / Friday, September 7, 2012 / Rules and Regulations 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. * * * * * ■ 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: ■ 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. * * * * * ■ 3. In § 660.25, paragraph (b)(4)(i)(B) is revised to read as follows: § 660.25 Permits. * * * * * * (b) * * (4) * * (i) * * * * Economic data collection (1) Limited entry trawl catcher vessels. srobinson on DSK4SPTVN1PROD with RULES Fishery participant (i) Baseline (2009 and 2010) economic data. VerDate Mar<15>2010 15:56 Sep 06, 2012 Jkt 226001 § 660.112 ■ * 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 * * * * (b) * * * (25) 45°46.00′ N. lat., 124°00.54′ W. long.; * * * * * (c) * * * (55) 42°50.00′ N. lat., 124°37.41′ W. long; * * * * * ■ 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). * * * * * § 660.71 Latitude/longitude coordinates defining the 10-fm (18-m) through 40-fm (73m) depth contours. ■ 55155 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 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. PO 00000 Frm 00051 Fmt 4700 Sfmt 4700 6. In § 660.114, paragraph (b) is revised to read as follows: § 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 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. E:\FR\FM\07SER1.SGM 07SER1 55156 Federal Register / Vol. 77, No. 174 / Friday, September 7, 2012 / Rules and Regulations srobinson on DSK4SPTVN1PROD with RULES VerDate Mar<15>2010 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. 15:56 Sep 06, 2012 Jkt 226001 PO 00000 Frm 00052 Fmt 4700 Sfmt 4700 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. E:\FR\FM\07SER1.SGM 07SER1 Federal Register / Vol. 77, No. 174 / Friday, September 7, 2012 / Rules and Regulations 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. 55157 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. * * * * * 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. srobinson on DSK4SPTVN1PROD with RULES * * * * * (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 § 660.112(b)(1)(xiii) that were retained VerDate Mar<15>2010 15:56 Sep 06, 2012 Jkt 226001 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 55158 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 E:\FR\FM\07SER1.SGM 07SER1

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]


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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